New York State - Executive - EXC - Article 35
ARTICLE 35 DIVISION OF CRIMINAL JUSTICE SERVICES
Section 835. Definitions.
836. Division of criminal justice services; commissioner, organization and employees.
837. Functions, powers and duties of division.
837-a. Additional functions, powers and duties of the division.
837-b. Duties of courts and peace officers.
837-c. Processing requests submitted by police departments.
837-d. Soft body ballistic armor vests for police officers.
837-e. Statewide central register for missing children.
837-f. Missing and exploited children clearinghouse.
837-f-1. Missing vulnerable adults clearinghouse.
837-f-2. Missing adults.
837-g. Livery vehicle safety training program establishment.
837-h. Livery vehicle safety training program; standards; eligibility; reports.
837-i. Uniform parking ticket.
837-j. Parking violations enforcement and disposition program.
837-k. Safe house for children.
837-l. Capital prosecution extraordinary assistance program.
837-m. Reporting duties of law enforcement departments with respect to missing children and vulnerable adults.
837-m*2. Criminal history records search for certain employment, appointments, licenses or permits in the city of New York.
837-n. Criminal history information of caregivers; requirements.
837-o. Search for arson and sex offense conviction records of volunteer firefighter applicants.
837-p. Criminal history records search for certain licenses and registrations in the county of Westchester.
837-q. Payments to Westchester county for policing special parkways.
837-r. Office of sex offender management.
837-s. Search for sex offense conviction records of emergencymedical technician and other first responder applicants.
837-t. Use of force reporting.
837-u. The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annually regarding pretrial release and detention.
837-v. Report of discharge of weapon.
837-v*2. Reporting duties of law enforcement departments with respect to arrest-related deaths.
837-w. Technological viability of microstamping-enabled firearms.
837-w*2. Blue alert system.
837-x. Cooperation with certain out-of-state investigations.
837-x*2. Cooperation with certain out-of-state investigations.
838. Identification of unknown dead and missing persons.
838-a. Maintenance of sexual offense evidence kits.
838-b. Victim's right to notice.
839. Municipal police training council.
840. Functions, powers and duties of council.
841. Functions, powers and duties of the commissioner with respect to the council.
841-a. Security guard advisory council.
841-b. Functions, powers and duties of council.
841-c. Functions, powers and duties of the commissioner with respect to the council.
841-d. Saving clause.
842. Council rules and regulations promulgated by governor.
843. Division homepage on the internet.
844-b. New York state committee for the coordination of police services to elderly persons.
845. Central state registry of police officers and peace officers.
845-a. Presentment of flags lowered to half-staff in memorial of
the death of any police officer or peace officer.
845-b. Requests for criminal history information.
845-c. Criminal history record searches; undisposed cases.
845-d. Criminal record searches: reports for civil purposes.
846. Programs for the aging.
846*2. Programs for the aging.
§ 835. Definitions. 1. "Division" means the division of criminal justice services.
3. "Commissioner" means the commissioner of the division of criminal justice services.
4. "Council" means the municipal police training council.
5. "Federal acts" means the federal omnibus crime control and safe streets act of nineteen hundred sixty-eight, the federal juvenile delinquency prevention and control act of nineteen hundred sixty-eight, and any act or acts amendatory or supplemental thereto.
6. "Municipality" means any county, city, town, park commission, village, or police district in the state.
7. "Police officer" means a member of a police force or other organization of a municipality who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of the state, but shall not include any person serving as such solely by virtue of his occupying any other office or position, nor shall such term include a sheriff, under-sheriff, commissioner of police, deputy or assistant commissioner of police, chief of police, deputy or assistant chief of police or any person having an equivalent title who is appointed or employed by a municipality to exercise equivalent supervisory authority.
7-a. "Police officer," for the purpose of the central state registry, means a person designated as such in subdivision thirty-four of section 1.20 of the criminal procedure law.
7-b. "Peace officer" means a person designated as such in section 2.10 of the criminal procedure law.
8. "Police agency" means any agency or department of any municipality, commission, authority or other public benefit corporation having responsibility for enforcing the criminal laws of the state.
9. "Qualified agencies" means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs' offices, district attorneys' offices, the state department of corrections and community supervision, the department of correction of any municipality, the financial frauds and consumer protection unit of the state department of financial services, the office of professional medical conduct of the state department of health for the purposes of section two hundred thirty of the public health law, the child protective services unit of a local social services district when conducting an investigation pursuant to subdivision six of section four hundred twenty-four of the social services law, the office of Medicaid inspector general, the temporary state commission of investigation, police forces and departments having responsibility for enforcement of the general criminal laws of the state, the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties and the division of forensic services of the Nassau county medical examiner's office when acting within the scope of its law enforcement duties.
10. "Criminal justice function" means the prevention, detection and investigation of the commission of an offense, the apprehension of a person for the alleged commission of an offense, the detention, release on recognizance or bail of a person charged with an offense prior to disposition of the charge, the prosecution and defense of a person charged with an offense, the detention, release on recognizance or bail of a person convicted of an offense prior to sentencing, the sentencing of offenders, probation, incarceration, parole, proceedings in a court subsequent to a judgment of conviction relating thereto and the release of offenders from incarceration.
§ 836. Division of criminal justice services; commissioner, organization and employees. 1. There shall be in the executive department a division of criminal justice services.
2. The head of the division shall be a commissioner, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor by whom he was appointed and until his successor is appointed and qualified. The commissioner shall be the chief executive officer of and in sole charge of the administration of the division. The commissioner shall receive an annual salary to be fixed by the governor within the amount available therefor by appropriation; and he shall be entitled to receive reimbursement for expenses actually and necessarily incurred by him in the performance of his duties.
3. The commissioner may, from time to time, create, abolish, transfer and consolidate bureaus and other units within the division not expressly established by law as he may determine necessary for the efficient operation of the division, subject to the approval of the director of the budget.
4. The commissioner may appoint such deputies, directors, assistants and other officers and employees, committees and consultants as he may deem necessary, prescribe their powers and duties, fix their compensation and provide for reimbursement of their expenses within the amounts appropriated therefor.
5. The commissioner may request and receive from any department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority such assistance, information and data as will enable the division properly to carry out its functions, powers and duties.
6. The principal office of the division shall be in the county of Albany.
7. The functions, powers and duties of the former division of probation and correctional alternatives as established in article twelve of this chapter shall now be considered a function of the division of criminal justice services.
§ 837. Functions, powers and duties of division. The division shall have the following functions, powers and duties:
1. Advise and assist the governor in developing policies, plans and programs for improving the coordination, administration and effectiveness of the criminal justice system;
2. Make recommendations to agencies in the criminal justice system for improving their administration and effectiveness:
3. Act as the official state planning agency pursuant to the federal acts; in accordance therewith, prepare, evaluate and revise statewide crime control and juvenile delinquency prevention and control plans; and receive and disburse funds from the federal government;
4. In cooperation with the state administrator of the unified court system as well as any other public or private agency,
(a) through the central data facility collect, analyze, evaluate and disseminate statistical and other information and data; and
(b) undertake research, studies and analyses and act as a central repository, clearinghouse and disseminator of research studies, in respect to criminal justice functions and any agency responsible for a criminal justice function, with specific attention to the effectiveness of existing programs and procedures for the efficient and just processing and disposition of criminal cases; and
(b-1) collect data and undertake research, studies and analyses of judicial diversion programs including but not limited to the judicial diversion program described in article two hundred sixteen of the criminal procedure law; and
(c) collect and analyze statistical and other information and data with respect to the number of crimes reported or known to police officers or peace officers, the number of persons arrested for the commission of offense, the age of the person or persons arrested, the number of custodial arrests and appearance tickets issued, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence; and where a firearm as defined in section 265.00 of the penal law or machine gun, rifle or shotgun comes into the custody of police officers or peace officers in the course of an investigation of such crime or offense, the make, model type, caliber and magazine or cylinder capacity of any such firearm and whether possession of such firearm by the defendant is licensed or unlicensed and if confiscated at arrest, the style and manufacturer of any ammunition; and
(d) Supply data, upon request, to federal bureaus or departments engaged in collecting national criminal statistics; and
(e) Supply data, including confidential and sealed criminal history record information, for bona fide research purposes. Such information shall be disseminated in accordance with procedures established by the division to assure the security and privacy of identification and information data, which shall include the execution of an agreement which protects the confidentiality of the information and reasonably protects against data linkage to individuals; and
(e-1) Collect demographic data with respect to persons appointed as a police officer, including but not limited to racial and gender characteristics; and
(f) Accomplish all of the functions, powers, and duties set forth in paragraphs (a), (b), (c) and (d) of this subdivision with respect to the processing and disposition of cases involving violent felony offenses specified in subdivision one of section 70.02 of the penal law.
4-a. In cooperation with the state administrator of the unified court system as well as any other public or private agency, collect and analyze statistical and all other information and data with respect to the number of environmental crimes and offenses in violation of articles twenty-seven, thirty-seven and forty, and titles twenty-seven and thirty-seven of article seventy-one of the environmental conservation law reported or known to the department of environmental conservation, the division of state police, and all other police or peace officers, the number of persons arrested for the commission of said violation, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence or monetary penalty levied, or the civil disposition of the offense if such offense was adjudicated by civil means.
4-b. In cooperation with any public or private agency or entity, collect and analyze statistical data and all other information and data with respect to the number of crimes and offenses committed against employees of the city of New York responsible for enforcing certain regulations in such city, while such employees were enforcing or attempting to enforce such regulations and reported or known to any law enforcement agency, the number of persons arrested for the commission of said offenses, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence or other penalty levied. For the purposes of this subdivision, an employee of the city of New York responsible for enforcing certain regulations in such city shall mean a traffic enforcement agent or an employee of the department of sanitation who is authorized to issue notices of violation, summons or appearance tickets.
4-c. (a) In cooperation with the chief administrator of the courts as well as any other public or private agency, including law enforcement agencies, collect, maintain, analyze and make public statistical and all other information and data with respect to the number of hate crimes reported to or investigated by the division of state police, and all other police or peace officers, the number of persons arrested for the commission of such crimes, the offense for which the person was arrested, the demographic data of the victim or victims of such crimes including, but not limited to, race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, the demographic data of the person or persons arrested for the commission of such crimes including, but not limited to, race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence imposed. Data collected shall be used for research or statistical purposes only and shall not contain information that may reveal the identity of any individual. The division shall include the statistics and other information required by this subdivision in an annual report submitted to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly codes committee, the chair of the senate codes committee, the attorney general and the chief administrative judge of the office of court administration. Such annual reports shall be a public record.
(b) The division shall promulgate regulations related to the use and collection of a "hate crime demographic data form". The regulations shall address the appropriate methods and timing of collection of the demographic data included in paragraph (a) of this subdivision. The division shall consider the manner of collection which will be most conducive to respecting victims while collecting necessary information that will assist the state in providing adequate victim support services and additional programming to decrease the likelihood of such hate crimes occurring, and best practices for collection of the data. Information disclosed on the hate crime victim demographic data form or the hate crime defendant demographic data form shall be used only to assist the division in complying with paragraph (a) of this subdivision and shall not be used in any administrative or judicial proceeding.
(c) As used in this section, the term "gender identity or expression" shall have the same meaning as defined in paragraph (c) of subdivision four of section 485.05 of the penal law.
5. Conduct studies and analyses of the administration or operations of any criminal justice agency when requested by the head of such agency, and make the results thereof available for the benefit of such agency;
5-a. Undertake to furnish or make available to the district attorneys of the state such supportive services and technical assistance as the commissioner and any one or more of the district attorneys shall agree are appropriate to promote the effective performance of his or their prosecutorial functions.
6. Establish, through electronic data processing and related procedures, a central data facility with a communication network serving qualified agencies anywhere in the state, so that they may, upon such terms and conditions as the commissioner, and the appropriate officials of such qualified agencies shall agree, contribute information and, except as provided in subdivision two of section 306.2 of the family court act, have access to information contained in the central data facility, which shall include but not be limited to such information as criminal record, personal appearance data, fingerprints, photographs, and handwriting samples;
6-a. Upon request, provide an incarcerated individual of the state or local correctional facility, at no charge, with a copy of all criminal history information maintained on file by the division pertaining to such incarcerated individual.
7. Receive, process and file fingerprints, photographs and other descriptive data for the purpose of establishing identity and previous criminal record;
7-a. Receive, process and file orders granting a change of name to persons convicted of a felony subject to the provisions of subdivision two of section sixty-one of the civil rights law;
8. Adopt appropriate measures to assure the security and privacy of identification and information data;
8-a. Charge a fee when, pursuant to statute or the regulations of the division, it conducts a search of its criminal history records and returns a report thereon in connection with an application for employment or for a license or permit. The division shall adopt and may, from time to time, amend a schedule of such fees which shall be in amounts determined by the division to be reasonably related to the cost of conducting such searches and returning reports thereon but, in no event, shall any such fee exceed twenty-five dollars and an additional surcharge of fifty dollars. The comptroller is hereby authorized to deposit such fees into the general fund, provided, however, that the monies received by the division of criminal justice services for payment of the additional surcharge shall be deposited in equal amounts to the general fund and to the fingerprint identification and technology account. Notwithstanding the foregoing, the division shall not request or accept any fee for searching its records and supplying a criminal history report pursuant to section two hundred fifty-one-b of the general business law relating to participating in flight instruction at any aeronautical facility, flight school or institution of higher learning.
8-b. Notwithstanding any other provision of law to the contrary, charge a fee for the provision of agency materials and publications, conferences, criminal history record reviews, legal services, the provision of services to analyze or prepare data that is not prepared in the ordinary course of business, the provision of information in a computerized format, the application for approval and renewal of security guard training schools and the certification and renewal certification of security guard instructors, the service and repair of municipal law enforcement agency equipment and collect reimbursement and other moneys. Such fees shall be reasonably related to the actual costs incurred, including the costs of salaries, computer time, shipping and handling, as appropriate. The comptroller is hereby authorized to deposit such fees into the general fund effective August thirty-first, nineteen hundred ninety-six.
8-c. Notwithstanding the provisions of section one hundred three of the general municipal law, section one hundred seventy-four of the state finance law and any other general, special or local law to the contrary, any officer, board or agency of a political subdivision or state agency authorized to make purchases of materials, equipment or supplies, may make such purchases of statewide automated fingerprint identification system-related materials, equipment or supplies, through the agreement executed between the division and North American Morpho Systems, Inc. Notwithstanding any other law to the contrary, the division shall be authorized to enter into voluntary cost-sharing arrangements with local criminal justice agencies for expanded facsimile services and criminal justice information access through the criminal justice data communications network.
9. Accept, agree to accept and contract as agent of the state, with the approval of the governor, any grant, including federal grants, or any gift for any of the purposes of this article;
10. Accept, with the approval of the governor, as agent of the state, any gift, grant, devise or bequest, whether conditional or unconditional (notwithstanding the provisions of section eleven of the state finance law), including federal grants, for any of the purposes of this article. Any monies so received may be expended by the division to effectuate any purpose of this article, subject to the same limitations as to approval of expenditures and audit as are prescribed for state monies appropriated for the purposes of this article;
11. Enter into contracts with any person, firm, corporation, municipality, or governmental agency;
12. Make an annual report to the governor and legislature concerning its work during the preceding year, and such further interim reports to the governor, or to the governor and legislature, as it shall deem advisable, or as shall be required by the governor;
13. Adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of the functions, powers and duties of the division;
14. Do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
15. Promulgate, in consultation with the superintendent of state police and the state office for the prevention of domestic violence, and in accordance with paragraph (f) of subdivision three of section eight hundred forty of this article, a standardized "domestic violence incident report form" for use by state and local law enforcement agencies in the reporting, recording and investigation of all alleged incidents of domestic violence, regardless of whether an arrest is made as a result of such investigation. Such form shall be prepared in multiple parts, one of which shall be immediately provided to the victim, and shall include designated spaces for: the recordation of the results of the investigation by the law enforcement agency and the basis for any action taken; the recordation of a victim's allegations of domestic violence; the age and gender of the victim and the alleged offender or offenders; and immediately thereunder a space on which the victim may sign and verify such victim's allegations. Such form shall also include, but not be limited to spaces to identify:
(a) what other services or agencies, including but not limited to medical, shelter, advocacy and other supportive services are or have previously been involved with the victim; and
(b) whether the victim has been provided with the written notice described in subdivision five of section eight hundred twelve of the family court act and subdivision six of section 530.11 of the criminal procedure law.
16. Operate a toll-free twenty-four hour telephone number that members of the public may call to obtain information as to resources available to the public to assist in the location and recovery of missing persons. Such toll-free telephone line may be operated by the division as part of the toll-free telephone line established pursuant to section eight hundred thirty-seven-f of this article. Furthermore, all such information relating to the locating and recovery of missing persons may be included on the division homepage established pursuant to section eight hundred forty-three of this article.
17. In consultation with the district attorneys, develop and operate a witness protection program. Within the amounts available by appropriation, such program shall provide assistance to district attorneys in protecting witnesses and victims, including their family members, who may suffer physical or emotional harm, intimidation or retaliatory violence as a result of the cooperation of the witness or victim with law enforcement, with a particular emphasis on vulnerable witnesses and victims, including witnesses to and victims of domestic violence and sexual exploitation and witnesses and victims testifying against violent or dangerous defendants. Such assistance may include, but not be limited to, administrative measures to: (a) facilitate name changes and receipt of new identification documents for witnesses and victims in appropriate cases; and (b) provide a range of protective services, including, when necessary, relocating victims and witnesses, and their family members. The division may enter into contracts with any person, firm, corporation, not-for-profit entity or governmental agency to provide administrative oversight and assistance in the operation of this program, may issue appropriate guidelines and may adopt, amend or rescind any rules and regulations as may be necessary or convenient to the operation of the program. These guidelines and regulations shall include a process by which district attorneys may apply for reimbursement of the costs of providing witness protection services.
18. In cooperation with any public or private agency or entity, undertake to make and furnish an instructional video relating to how sexual predators lure children. The video shall be geared toward parental information and education. The division shall distribute a copy of the video to all public libraries and police departments for public use and viewing.
19. Receive names and other non-clinical identifying information pursuant to section 9.46 of the mental hygiene law; provided, however, any such information shall be destroyed five years after such receipt, or pursuant to a proceeding brought under article seventy-eight of the civil practice law and rules determining that an individual is eligible for a license pursuant to section 400.00 of the penal law and otherwise permitted to possess a firearm.
20. To assist the department of agriculture and markets in developing information about animal cruelty and protection laws pursuant to subdivision forty-eight of section sixteen of the agriculture and markets law.
21. Promulgate a standardized and detailed written protocol that is grounded in evidence-based principles for the administration of photographic array and live lineup identification procedures for police agencies and standardized forms for use by such agencies in the reporting and recording of such identification procedure. The protocol shall address the following topics:
(a) the selection of photographic array and live lineup filler photographs or participants;
(b) instructions given to a witness before conducting a photographic array or live lineup identification procedure;
(c) the documentation and preservation of results of a photographic array or live lineup identification procedure;
(d) procedures for eliciting and documenting the witness's confidence in his or her identification following a photographic array or live lineup identification procedure, in the event that an identification is made; and
(e) procedures for administering a photographic array or live lineup identification procedure in a manner designed to prevent opportunities to influence the witness.
22. (a) Maintain and annually update a list of offenses in states and territories of the United States other than New York that include all of the essential elements of a serious offense as defined by subdivision seventeen of section 265.00 of the penal law, to assist courts, licensing authorities and others in determining which offenses in such other states and territories qualify as a serious offense for purposes of article two hundred sixty-five of the penal law, subdivision seventeen of section 265.00 of the penal law, and subdivision one-a of section 400.00 of the penal law. The division shall append to such list of offenses a disclaimer that such list shall be for informational purposes only and is not intended to be a substitute for the advice of an attorney or counselor-at-law.
(b) Such updated list shall be prominently posted on the website maintained by the division. Each list shall bear the date of posting, and each posted and dated listing shall be separately maintained by the division as a record available to the public. The first list compiled under this subdivision shall be prominently posted by the division no later than nine months after the effective date of this subdivision.
23. (a) In conjunction with the superintendent of the state police, promulgate policies and procedures with regard to standardization of firearms safety training required under subdivision nineteen of section 400.00 of the penal law, which shall include the approval of course materials and promulgation of proficiency standards for live fire training; and
(b) In conjunction with the superintendent of state police, create an appeals board for the purpose of hearing appeals as provided in subdivision four-a of section 400.00 of the penal law and promulgate rules and regulations governing such appeals.
§ 837-a. Additional functions, powers and duties of the division. In addition to the functions, powers and duties otherwise provided by this article, the division shall:
1. Collect and analyze statistical and other information and data with respect to the number of persons charged with the commission of a felony, including, but not limited to, the felony provisions of articles twenty-seven, thirty-seven and forty, and titles twenty-seven and thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, by indictment or the filing of a superior court information, the felony with which the person was charged therein, the county within which the indictment or superior court information was filed, the disposition thereof including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pleaded guilty, the offense the defendant was convicted of after trial, and the sentence.
2. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly a quarterly report containing the statistics and other information required by subdivision one hereof. The initial report required by this paragraph shall be for the period beginning September first, nineteen hundred seventy-three and ending December thirty-first, nineteen hundred seventy-three and shall be presented no later than January fifteen, nineteen hundred seventy-four. Thereafter, each quarterly report shall be presented no later than thirty days after the close of each quarter.
3. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly, and the minority leader of the assembly a semi-annual report analyzing the processing and disposition of cases covered by the provisions of a chapter of the laws of nineteen hundred seventy-eight relating to the imposition of mandatory sentences of imprisonment and plea bargaining restrictions upon violent felony offenders, second violent felony offenders and persistent violent felony offenders. The report shall assess the effect of such law on the ability of the criminal justice system to deal with violent crime, and its impact on the resources of the criminal justice system, and shall make recommendations for any changes in such law which may be necessary to accomplish its objectives. The initial report required by this subdivision shall be for the period beginning September first, nineteen hundred seventy-eight and ending February twenty-eight, nineteen hundred seventy-nine and shall be presented no later than April first, nineteen hundred seventy-nine. Thereafter, each semi-annual report shall be presented no later than thirty days after the close of the six-month period.
4. Collect, analyze and maintain all reports, statements and transcripts forwarded to the division concerning the reasons for imposition of a sentence other than an indeterminate sentence of imprisonment upon an armed felony offender as defined in subdivision forty-one of section 1.20 of the criminal procedure law; the reasons for the removal of an action involving a juvenile offender, as defined in subdivision forty-two of section 1.20 of the criminal procedure law, to the family court; and the reasons for a finding that a youth who has been convicted of an armed felony offense is to be treated as a youthful offender. Such reports, statements and transcripts shall be made available for public inspection except that in the case of a juvenile offender or a youthful offender, those portions which identify the offender shall be deleted. The commissioner may promulgate such rules and regulations with respect to the form of such reports, statements and transcripts.
5. Make certain that such statistical information relating to the commission of offenses in violation of article twenty-seven, thirty-seven or forty, or title twenty-seven or thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, is included and becomes a part of any and all published statistical studies on the occurrence of crime in this state or crime dispositions by the courts of this state or incarcerations in the correctional facilities of this state.
6. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly an annual report analyzing the disposal of property forfeited pursuant to the provisions of article thirteen-A of the civil practice law and rules and article four hundred eighty of the penal law. The initial report required by this subdivision shall be for the period beginning November first, nineteen hundred ninety and ending May thirty-first, nineteen hundred ninety-one and shall be presented no later than July first, nineteen hundred ninety-one. Thereafter, each annual report shall be presented no later than February first. The commissioner may promulgate rules and regulations with respect to the form of such report.
7. Contract with an organization having substantial knowledge and experience in the prosecution of serious criminal matters for the development and provision of continuing legal education, training, advice and assistance for prosecutors in the prosecution of capital cases and hate crimes.
8. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly an annual report about the function and effectiveness of the Gun Involved Violence Elimination (GIVE) program. Such report shall include, but not be limited to, crime data obtained, analyzed and used by each Gun Involved Violence Elimination (GIVE) partnership in participating counties and affected municipalities including the number of arrests made by law enforcement as a direct result of the Gun Involved Violence Elimination (GIVE) program including any available demographic information about the persons arrested and prosecuted and the disposition of such matters, and any other information related to the program's effectiveness in reducing crime. Such report shall also include information about crime reduction strategies developed by Gun Involved Violence Elimination (GIVE) partnerships, the number of state police and department of corrections and community supervision personnel participating in Gun Involved Violence Elimination (GIVE) activities, and a description of training supplied to local Gun Involved Violence Elimination (GIVE) participants. The initial report required by this paragraph shall be presented by December thirty-first, two thousand six. Thereafter, an annual report shall be presented no later than December thirty-first of each year.
9. In consultation with the state commission of correction and the municipal police training council, establish and maintain basic and other correctional training programs for such personnel employed by correctional facilities as the commissioner shall deem necessary. Such basic correctional training program shall be satisfactorily completed by such personnel prior to their undertaking their duties or within one year following the date of their appointment or at such times as the commissioner may prescribe. Provided, however, the commissioner may, after consultation with the state commission of correction, exempt from such requirement personnel employed by any correctional facility which, in the opinion of the commissioner, maintains a basic correctional training program of a standard equal to or higher than that established and maintained by the division; or revoke in whole or in part such exemption, if in his or her opinion the standards of the basic correctional training program maintained by such facility are lower than those established pursuant to this article.
§ 837-b. Duties of courts and peace officers. 1. It is hereby made the duty of the state administrator of the unified court system; and of every sheriff, county or city commissioner of correction and head of every police department, state, county, or local, and also railroad, steamship, park, aqueduct and tunnel police and town constables, of every district attorney, of every probation agency; and of head of every institution or department, state, county and local, dealing with criminals and of every other officer, person or agency, dealing with crimes or criminals or with delinquency or delinquents, to transmit to the commissioner not later than the fifteenth day of each calendar month, or at such times as provided in the rules and regulations adopted by the commissioner, such information as may be necessary to enable him to comply with subdivision four of section eight hundred thirty-seven. Such reports shall be made upon forms which shall be supplied by the commissioner.
2. Such officers and agencies shall install and maintain records needed for reporting data required by the commissioner and shall give him or his accredited agents access to records for the purpose of inspection.
3. For every neglect to comply with the requirements of this section, the commissioner may apply to the supreme court for an order directed to such person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
§ 837-c. Processing requests submitted by police departments. a. As used in this section, the term "police department" means any police department or sheriff's office of this state or any of its political subdivisions.
b. The police department may forward and the division shall receive, process and, subject to subdivision e of this section, retain fingerprints and such descriptive data as the division may require of persons applying for employment with such department.
c. It shall be the duty of the division to forward to the police department any arrest record involving any person described in subdivision b of this section.
d. It shall be the duty of the police department to notify the division if an applicant for employment by the police department has not been hired, or an employee has died, resigned, retired or been dismissed.
e. Upon receiving notification in accordance with subdivision d of this section, the division shall either return to the police department or destroy all documents forwarded to it pursuant to subdivision b of this section.
§ 837-d. Soft body ballistic armor vests for police officers. 1. As used in this section, the following terms have the following meanings:
(a) "Eligible police officer" means a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law whose regular duties are such as the commissioner determines may expose the officer to serious physical injury which may result in death or disability;
(b) "Vest" means a soft body ballistic armor vest;
(c) "Municipal corporation" means a county, city, town, village or police district;
(d) "Public authority" means an independent autonomous public corporation created by special act of the legislature;
(e) "Public benefit corporation" means a corporation organized to construct or operate a public improvement wholly within the state;
(f) "State agency" means a department, board, bureau, commission, agency or other division of state government;
(g) "Applicant" means a state agency, municipal corporation, public authority, public benefit corporation, or the highest official thereof.
2. An applicant which is authorized to and employs police officers may apply to the commissioner for reimbursement of funds expended for the purchase of vests for eligible police officers.
3. Reimbursement shall be made only for vests which at the time of purchase meet or exceed the minimum standards and specifications in effect on that date as prescribed by rules and regulations promulgated pursuant to subdivisions six and six-a of this section, and shall be limited to the total amount appropriated for such purpose. Reimbursement for any vest shall not exceed an amount which in the judgment of the commissioner would be the cost of a vest conforming to minimum standards and specifications in effect at the time the vest was purchased. Selection of vests shall be a determination to be made by the applicant in accordance with rules and regulations promulgated by the commissioner. Such rules and regulations shall provide that, subject to the provisions of subdivisions six and six-a of this section, the applicant may select from a range of vests including those commonly known or classified as type I, type II-A, type II or type III-A in such standard classification systems as the national institute of justice standards for ballistic resistance of police body armor.
4. The commissioner shall require any applicant seeking reimbursement for vests to apply for any available federal funds. Any applicant failing to do so shall not be entitled to reimbursement under this section. The commissioner may waive such failure for good cause. The commissioner shall maintain a public record of all such waivers and the reasons therefor. Reimbursement may be withheld pending the determination of an application for federal funds.
4-a. An applicant for reimbursement pursuant to this section shall report the name of each eligible police officer for whom reimbursement is sought. The applicant shall report whether such eligible police officer or officers have, at any time during the ten years immediately preceding the application for reimbursement, been provided with any other vest for which reimbursement pursuant to this section was provided, the date of any such prior reimbursement and any other information that the commissioner may require for accurate record-keeping and accountability and for evaluation of performance, wear and officer use of vests.
5. The amount of any reimbursement authorized to be made pursuant to subdivision three of this section shall be reduced by the amount of any federal funds granted to the applicant for the purpose of purchasing vests, and by the amount of any other funds received directly or indirectly for that purpose by the applicant.
6. The commissioner shall promulgate regulations prescribing standards and specifications for vests and procedures for vest selection by and reimbursement to applicants. In promulgating such regulations, the commissioner shall give due consideration to:
(a) the maximum total weight of a vest which provides adequate protection against ballistic penetration and trauma, and which may be worn in comfort throughout an eight hour tour of duty;
(b) the ballistic specifications which the vest or any part thereof must be capable of defeating which shall include, but not be limited to, the ballistic specifications of any firearms considered to be standard issue to eligible police officers;
(c) the testing procedures appropriate to determining the effectiveness of such vests;
(d) the labeling requirements for the vests and component parts thereof; and
(e) the commercial availability of conforming vests.
6-a. In the evaluation of an application for reimbursement, the commissioner shall, at the request of the applicant, give consideration to the ballistic specifications of any firearm or firearms considered by the applicant to be standard issue to its police officers.
7. The contract specifications for bid for the sale of vests shall require that a certificate of insurance evidencing that liability insurance providing a minimum coverage of at least five hundred thousand dollars per occurrence for injury or death suffered as a result of a defect in the manufacture shall be and remain in effect for the projected life of any vest purchased.
8. Neither the state nor the applicant or any employee thereof shall be liable to a police officer or officer's heirs, executors, administrators or assigns, for the death of or injury to the officer resulting from any defect or deficiency in a vest for which reimbursement is made pursuant to this section.
9. A police officer who suffers an injury or death as a result of the officer's failure to wear a vest for which reimbursement is made pursuant to this section, and officer's heirs, executors, administrators or assigns shall not suffer any loss or be denied any benefit or right to which they are otherwise entitled; provided, however, that nothing contained herein shall prevent the officer from being subject to a disciplinary proceeding for failure to obey a lawful order of a superior officer requiring the officer to wear a vest.
10. Nothing contained in this section shall be construed to prohibit an applicant from expending its own funds for vests in amounts exceeding the established state reimbursement limitations.
11. The commissioner is authorized to promulgate rules and regulations to provide for the orderly effectuation of the provisions of this section.
12. The commissioner shall establish and maintain a record containing the name of each eligible police officer who receives a vest for which reimbursement has been provided pursuant to this section, the applicant to whom reimbursement for such vest is provided, the date on which such reimbursement was provided and any other information that the commissioner may require for accurate record-keeping and accountability and for evaluation of performance, wear and officer use of vests.
13. Nothing in this section shall be deemed to supersede the provisions of section three of chapter eight hundred seventy-six of the laws of nineteen hundred eighty applicable to members of the division of state police or to alter a valid labor-management agreement covering employees of the state serving in police officer positions in the security services negotiating unit established pursuant to article fourteen of the civil service law which is in effect on the effective date of this section.
§ 837-e. Statewide central register for missing children. 1. There is hereby established through electronic data processing and related procedures, a statewide central register for missing children which shall be compatible with the national crime information center register maintained pursuant to the federal missing children act of nineteen hundred eighty-two. As used in this article, the term missing child shall mean any person under the age of eighteen years, or any youth, under the age of twenty-one years, that the office of children and family services or a local department of social services has responsibility for placement, care, or supervision, or who is the subject child of a child protective investigation, or is receiving preventive services or services under section 477 of the Social Security Act, or has run away from foster care, where such office or department has reasonable cause to believe that such youth is, or is at risk of being, a sex trafficking victim, who is missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so.
1-a. (a) Upon the entry of a report of a missing child born in New York into the register, the division shall notify the commissioner of the state department of health or if the child was born in the city of New York, the commissioner of the New York city department of health, of such entry and shall provide such commissioner with information concerning the identity of the missing child and request that the birth certificate record of such child be flagged in accordance with section four thousand one hundred of the public health law.
(b) If the division has reason to believe that a missing child has at any time been enrolled in a New York school, it shall notify the last known school at which time the school shall flag the missing child's schooling record in accordance with section three thousand two hundred twenty-two of the education law. If the division has reason to believe that a child who is listed as a missing child is currently enrolled in and attending a New York school, it shall notify the school and upon receiving notification, such school shall immediately notify the statewide central register for missing children within the division of criminal justice services.
(c) Upon learning of the recovery of any missing child whose birth certificate record or schooling record has been flagged as the result of notification made pursuant to this subdivision, the division shall so notify the state commissioner of health or if the child was born in the city of New York, the commissioner of the New York city department of health, and the school as appropriate.
1-b. The division shall transmit the report of the missing child to the National Missing and Unidentified Persons System (NamUs) no later than thirty days after entry of a report of a missing child into the register whenever circumstances indicate that the missing child may be at immediate risk of death or injury, or may be a match to a record maintained in the NamUs unidentified person database and within one hundred eighty days in any other case.
2. The following may make inquiries to determine if any entries in the register or in the national crime information center register could match the subject of the inquiry:
(a) a police or criminal justice agency investigating a report of a missing or unidentified child, whether living or deceased; and
(b) the agency licensing, certifying or registering a family day care home, day care center or head start program funded pursuant to Title V of the Federal Economic Opportunity Act of nineteen hundred sixty-four as amended, when an operator or director of such program has reasonable cause to believe that a child in attendance at the home, center or program may be a missing person provided, however, that upon notification that such child appears to match a child registered herein such agency shall immediately notify such operator or director to contact an appropriate local criminal justice agency; and
(c) a district attorney or a county medical examiner or coroner upon a showing that information contained in the register may be necessary for the determination of an issue regarding a missing or unidentified child; and
(d) an authorized agency or state official pursuant to subdivision seven of section three hundred seventy-two of the social services law; and
(e) a superintendent of schools or his authorized representative pursuant to paragraph a of subdivision two of section three thousand two hundred twelve of the education law. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph.
3. The central register shall contain all available identifying data of any child including, but not limited to, fingerprints, blood types, dental information, and photographs subject to the following conditions:
(a) Except as provided for in paragraph (c) of this subdivision and in section eight hundred thirty-seven-f of this article, the data contained in the register shall be confidential.
(b) Any person who knowingly and intentionally permits the release of any data and information contained in the central register to persons or agencies not permitted by this title shall be guilty of a class A misdemeanor.
(c) Such data may be made available only to:
(i) a police or criminal justice agency investigating a report of a missing child or unidentified child, whether living or deceased;
(ii) the public at large, to expedite the finding of a missing child, when the parent or legal guardian of such a child provides written authorization to the investigating police department for the release of such data except when, according to such department, the release of such data would jeopardize the investigation or the safety of the child. When such department deems the release of such data to be appropriate, it shall transmit such written authorization to the division; and
(iii) any qualified person engaged in bona fide research when approved by the commissioner, provided that the researcher in no event disclose information tending to identify the child or his or her family or caregiver.
4. The commissioner shall promulgate rules and regulations:
(a) insuring the timeliness, completeness and confidentiality of the data contained in the register;
(b) prescribing the manner in which entries to the register shall be made and updated as the investigation progresses;
(c) prescribing the form and manner in which entries and inquiries to the register and notices to other agencies and entities shall be made and processed;
(d) insuring that criminal justice agencies and agencies defined by subdivision seven of section three hundred seventy-two of the social services law making inquiries to the register will be promptly informed if any entries in the statewide central register or in the national crime information center register could match the subject of the inquiry;
(e) insuring the proper disposition of all obsolete register data, provided however that such data for a person who has reached the age of eighteen and remains missing shall be preserved;
(f) linking the register with the national crime information center register; and
(g) establishing procedures for transmitting reports of missing children and adults to the National Missing and Unidentified Persons System (NamUs) pursuant to subdivision one-b of this section and section eight hundred thirty-seven-f-two of this article.
5. The division shall not charge a fee for inquiries made pursuant to this section.
6. When a person previously reported missing has been found alive and there is no ground for criminal action, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other criminal justice agency shall purge and destroy identifying material contained in such records and documents with respect to such person which are made and maintained pursuant to this section and shall report to the division that the person has been found and that the identifying materials contained in such records and documents have been so purged or destroyed. After receiving such a report, the division shall purge identifying material contained in such records with respect to such person and/or destroy any identifying material contained in documents which are maintained pursuant to this section.
§ 837-f. Missing and exploited children clearinghouse. There is hereby established within the division a missing and exploited children clearinghouse to provide a comprehensive and coordinated approach to the tragic problems of missing and exploited children. In addition to the activities of the statewide central register for missing children, the commissioner shall be authorized to:
1. Plan and implement programs to ensure the most effective use of federal, state and local resources in the investigation of missing and exploited children;
2. Exchange information and resources with other states, and within New York state, concerning missing and exploited children;
3. Establish a case data base which will include nonidentifying information on reported children and facts developed in the phases of a search, and analyze such data for the purposes of: assisting law enforcement in their current investigations of missing and exploited children, developing prevention programs and increasing understanding of the nature and extent of the problem; and share the data and analysis on a regular basis with the National Center for Missing and Exploited Children;
4. Disseminate a directory of resources to assist in the locating of missing children;
5. Cooperate with public and private schools and organizations to develop education and prevention programs concerning child safety for communities, parents and children;
6. Provide assistance in returning recovered children who are located out-of-state;
7. By January first, nineteen hundred eighty-seven arrange for the development of a curriculum for the training of law enforcement personnel investigating cases involving missing and exploited children;
8. Assist federal, state and local agencies in the investigation of cases involving missing and exploited children;
9. Utilize available resources to duplicate photographs and posters of children reported as missing by police and with consent of parents, guardians or others legally responsible, disseminate this information throughout the state;
10. Beginning on January first, nineteen hundred eighty-seven, disseminate, on a regular basis, a bulletin containing information on children in the missing children's register to the state education department which shall then forward such bulletin to every public and private school where parents, guardians or others legally responsible for such children have given consent;
10-a. (a) By November first, nineteen hundred ninety-seven prescribe general guidelines to enable the state legislature and state agencies to assist in the location and recovery of missing children. The guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining to missing children including but not limited to biographical data and pictures, sketches or other likenesses may be included in stationery, newsletters and other written or electronic printings;
(ii) appropriate sources from which such materials and information may be obtained;
(iii) the procedures by which such materials and information may be obtained; and
(iv) any other matter the clearinghouse considers appropriate.
(b) By January first, nineteen hundred ninety-eight arrange for the transmission of biographical information and pictures, sketches or other likenesses of missing children to state agencies, departments and the legislature to use in printings.
11. Operate a toll-free twenty-four hour hotline for the public to use to relay information concerning missing children;
12. Submit an annual report to the governor and legislature regarding the activities of the clearinghouse including statistical information involving reported cases of missing children pursuant to section eight hundred thirty-seven-m of this article and a summary of the division's efforts with respect to the use of monies from the missing and exploited children clearinghouse fund created pursuant to section ninety-two-w of the state finance law; and
13. Take such other steps as necessary to assist in education, prevention, service provision and investigation of cases involving missing and exploited children.
14. (a) In consultation with the division of state police and other appropriate agencies, develop, and regularly update and distribute, model missing child prompt response and notification plans, which shall be available for use, in their discretion, as appropriate, by local communities and law enforcement personnel. Such plans shall involve a pro-active, coordinated response, planned in advance, that may be promptly triggered by law enforcement personnel upon confirmation by a police officer, peace officer or police agency of a report of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this article.
(b) Such plans shall, at a minimum, provide that:
(i) the name of such missing child, a description of the child and other pertinent information may be promptly dispatched over the police communication system, pursuant to subdivision three of section two hundred twenty-one of this chapter;
(ii) such information may be immediately provided orally, electronically or by facsimile transmission to one or more radio stations and other broadcast media outlets serving the community including, but not limited to, those which have voluntarily agreed, in advance, to promptly notify other such radio stations and other broadcast media outlets in like manner;
(iii) such information may be immediately provided by electronic mail message to one or more internet service providers and commercial mobile service providers serving the community including, but not limited to, those which have voluntarily agreed, in advance, to promptly notify other such internet service providers in like manner;
(iv) participating radio stations and other participating broadcast media outlets serving the community may voluntarily agree to promptly broadcast a missing child alert providing pertinent details concerning the child's disappearance, breaking into regular programming where appropriate;
(v) participating internet service providers and commercial mobile service providers serving the community may voluntarily agree to promptly provide by electronic mail message a missing child alert providing pertinent details concerning the child's disappearance;
(vi) police agencies not connected with the basic police communication system in use in such jurisdiction may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched, in conformity with the orders, rules or regulations governing the system; and
(vii) no dispatch or transmission of a report concerning a missing child shall be required by such plan if the investigating police department advises, in its discretion, that the release of such information may jeopardize the investigation or the safety of the child, or requests forbearance for any reason.
(c) The commissioner shall also designate a unit within the division that shall assist law enforcement agencies and representatives of radio stations, broadcast media outlets, internet service providers and commercial mobile service providers in the design, implementation and improvement of missing child prompt response and notification plans. Such unit shall make ongoing outreach efforts to local government entities and local law enforcement agencies to assist such entities and agencies in the implementation and operation of such plans with the goal of implementing and operating such plans in every jurisdiction in New York state.
(d) The commissioner shall also maintain and make available to appropriate state and local law enforcement agencies up-to-date information concerning technological advances that may assist in facilitating the recovery of missing children. Such information shall include, but not be limited to, technology using computer assisted imaging to "age enhance" photographs of missing children, and technology that may be used to enter such photographs and other pertinent information concerning missing children into a database accessible to appropriate officials and persons.
§ 837-f-1. Missing vulnerable adults clearinghouse. There is hereby established within the division a missing vulnerable adults clearinghouse to provide a comprehensive and coordinated approach to the problem of missing vulnerable adults.
1. For purposes of this section:
(a) "Vulnerable adult" shall mean an individual eighteen years of age or older who has a cognitive impairment, mental disability, or brain disorder and whose disappearance has been determined by law enforcement to pose a creditable threat of harm to such missing individual.
(b) "Missing vulnerable adult alert" shall mean a method to disseminate information regarding a missing vulnerable adult to the general public in a manner consistent with paragraph (n) of subdivision two of this section.
2. The commissioner shall be authorized to:
(a) plan and implement programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults;
(b) disseminate a directory of resources to assist in locating missing vulnerable adults;
(c) cooperate with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults;
(d) assist federal, state, and local agencies in the investigation of cases involving missing vulnerable adults;
(e) utilize available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminate this information throughout the state;
(f) provide assistance in returning missing vulnerable adults who are located out of state;
(g) develop a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults;
(h) operate a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults;
(i) establish a case database that shall include non-identifying information on reported missing vulnerable adults and facts developed in the phases of a search; and analyze such data for the purposes of assisting law enforcement in their current investigations of missing vulnerable adults, developing prevention programs and increasing understanding of the nature and extent of the problem;
(j) prescribe general guidelines to enable state agencies to assist in the location and recovery of missing vulnerable adults. The guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining to missing vulnerable adults, including, but not limited to, biographical data and pictures, sketches, or other likenesses, may be included in stationary, newsletters, and other written or electronic printings, provided such guidelines are consistent with paragraph (n) of this subdivision;
(ii) appropriate sources from which such materials and information may be obtained;
(iii) the procedures by which such materials and information may be obtained; and
(iv) any other matter the clearinghouse may deem important;
(k) maintain and make available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults;
(l) take such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults;
(m) (i) In consultation with the division of state police and other appropriate agencies, develop, regularly update, and distribute model missing vulnerable adult prompt response and notification plans. Such plans shall be available for use by local communities and law enforcement personnel, and shall involve a proactive, coordinated response that may be promptly triggered by law enforcement personnel upon confirmation by a police officer, peace officer, or police agency of a report of a missing vulnerable adult, as defined in subdivision one of this section.
(ii) Such plans shall, at a minimum, provide that: (A) the name of the missing vulnerable adult, a description of the missing individual, and other pertinent information may be promptly dispatched over the police communication system pursuant to subdivision three of section two hundred twenty-one of this chapter; (B) such information may be immediately provided, in a manner consistent with paragraph (n) of this subdivision, both (1) orally, electronically, or by facsimile transmission to one or more radio stations and other broadcast media outlets serving the community including, but not limited to, those who have voluntarily agreed in advance to promptly notify other such radio stations and broadcast media outlets in like manner and (2) by electronic mail message to one or more internet service providers and commercial mobile service providers serving the community including, but not limited to, those which have voluntarily agreed in advance to promptly notify other such internet service providers in like manner; (C) participating radio stations and other participating broadcast media outlets serving the community may voluntarily agree to promptly broadcast a missing vulnerable adult alert providing pertinent details concerning the missing vulnerable adult's disappearance, breaking into regular programming where appropriate; (D) participating internet service providers and commercial mobile service providers serving the community may voluntarily agree to promptly provide by electronic mail message a missing vulnerable adult alert providing pertinent details concerning the missing vulnerable adult's disappearance; (E) police agencies not connected with the basic police communication system in use in such jurisdiction may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched in conformity with the orders, rules, or regulations governing the system; (F) a statewide response may be initiated as soon as the division deems it is necessary to find the missing vulnerable adult. Such a plan may not require the issuance of an alert if the investigating police department, in its discretion, advises that the release of such information may jeopardize the investigation or the safety of the missing vulnerable adult or the investigating police department requests forbearance for any reason.
(iii) The commissioner shall also designate a unit within the division that shall assist law enforcement agencies and representatives of radio stations, broadcast media outlets, internet service providers, and commercial mobile service providers in the design, implementation, and improvement of missing vulnerable adult response and notification plans. Such unit shall make ongoing outreach efforts to local government entities and local law enforcement agencies to assist such entities and agencies in the implementation and operation of such plans with the goal of implementing and operating such plans in every jurisdiction in New York state.
(n) disseminate specific medical information about a missing vulnerable adult to the extent that such medical information indicates a physical quality or behavioral trait that is readily apparent and contributes to a physical or behavioral description of the missing vulnerable adult, provided that more extensive information relating to the missing vulnerable adult's medical diagnosis and condition may be provided to law enforcement personnel as needed.
3. The commissioner shall submit an annual report to the governor and legislature regarding the activities of the missing vulnerable adults clearinghouse, including statistical information involving reported cases of missing vulnerable adults and a summary of the division's efforts with respect to the activities authorized under subdivision two of this section.
§ 837-f-2. Missing adults. In the event that a police agency receives a report that an adult person is missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by an individual whose relationship with such adult person would place such individual in a position to have knowledge of his or her whereabouts, and that such missing adult person has a proven disability, or may be in physical danger, or is missing after a catastrophe, or may have disappeared involuntarily, or is missing under circumstances where there is a reasonable concern for his or her safety; and such missing adult person does not qualify as either a missing child pursuant to section eight hundred thirty-seven-e of this article or a vulnerable adult pursuant to section eight hundred thirty-seven-f-1 of this article, the police agency shall collect information necessary to file an electronic report regarding the missing adult person with the national crime information center register and submit such electronic report to the national crime information center register.
The division shall transmit the report of the missing adult to the National Missing and Unidentified Persons System (NamUs) within thirty days after entry of a report of a missing adult into the register whenever circumstances indicate that the missing adult may be at immediate risk of death or injury, or may be a match to a record maintained in the NamUs unidentified person database and within one hundred eighty days in any other case.
§ 837-g. Livery vehicle safety training program establishment. There is hereby created within the division a livery vehicle safety program, to be administered by the commissioner, to distribute funds to provider agencies for the provision of program services to eligible drivers of livery vehicles.
§ 837-h. Livery vehicle safety training program; standards; eligibility; reports. 1. The commissioner, in consultation with the division of state police and the local licensing authority as defined in section six hundred twenty-one of this chapter, shall promulgate rules and regulations necessary for the efficient operation of a livery vehicle safety training program. Such rules and regulations issued, adopted or amended must at a minimum provide:
(a) the development of a training program curriculum which includes instruction on:
(i) methods to maximize personal safety, including information on available equipment and technologies;
(ii) effective passenger management and communications skills;
(iii) vehicular and pedestrian safety, including a review of the applicable provisions of the vehicle and traffic law; and
(iv) any other subject relevant to the public health and safety in the operation of livery vehicles;
(b) the procedure by which the provider agencies make application to receive funding to operate a program and the form of the application;
(c) the procedure by which provider agencies report to the commissioner regarding the provision of program services and the form of the report;
(d) the procedure for periodic monitoring and evaluation of the livery vehicle safety training program.
2. Each provider agency shall prepare a plan, to be approved by the commissioner, for the provision of program services to eligible drivers. Such plan shall include, at a minimum, the nature of the services to be rendered, how the services comply with the developed curriculum, the cost associated with rendering such services and a description of how the services will enhance livery vehicle safety. For the purposes of this section the term "provider agency" shall mean a county, municipal, local unit of government or a college or a university or a law enforcement agency or a not-for-profit entity.
3. Each provider agency shall furnish the commissioner a written report in a format and at a time to be determined by the commissioner, subject to standards promulgated pursuant to this section which shall, at a minimum contain:
(a) a description of how the assistance provided, in accordance with the program established herein, enhanced livery vehicle services; and
(b) the nature and costs of program services provided.
4. For the purposes of this section the term "livery vehicle" shall have the same meaning as the term "livery", as defined in section six hundred twenty-one of this chapter.
5. Nothing contained in this section shall impose liability upon the division or the state for death, injury or loss incurred by a driver by reason of that driver having participated in the livery vehicle safety training program.
§ 837-i. Uniform parking ticket. 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traffic law relating to parking violations. Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thirty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.
2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limited to, the parking tickets issued, the dispositions of such tickets and the amount of fines, penalties and mandatory surcharges collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program.
3. The commissioner shall have the power from time to time to adopt such rules and regulations as may be necessary to accomplish the purposes of this section.
* § 837-j. Parking violations enforcement and disposition program. 1. The commissioner and the commissioner of the department of motor vehicles may enter into an agreement to effect the enhanced collection of the mandatory surcharges imposed pursuant to section eighteen hundred nine-a of the vehicle and traffic law. The terms of such agreement shall authorize the exchange between the division and the department of motor vehicles of information concerning outstanding fines, penalties and unpaid mandatory surcharges and identification information concerning persons with adjudicated parking violations subject to the imposition of such fines, penalties and mandatory surcharges.
2. The commissioner and the commissioner of the department of motor vehicles shall enter into any necessary joint enforcement agreements, which agreements shall be consistent with any agreement authorized by subdivision one of this section.
3. The commissioner of the department of motor vehicles shall be authorized to cooperate with traffic and law enforcement agencies of other states and of the United States, to obtain and furnish any assistance or information necessary for the enforcement and collection of fines, penalties and mandatory surcharges for parking violations.
4. The commissioner, in consultation with the commissioner of the department of motor vehicles shall promulgate such rules and regulations as may be necessary to effect the purposes of this section.
* NB Repealed September 1, 2025
§ 837-k. Safe house for children. 1. Within one hundred twenty days after the effective date of this section, the division shall design and adopt an official symbol and sign which may use McGruff as created by the national crime prevention council if practicable, to be used to designate homes and businesses where a child may seek temporary help when he or she is traveling, without adult supervision or protection, in neighborhoods having such homes or businesses.
2. a. Law enforcement agencies:
(i) may voluntarily provide symbols to persons who apply for them;
(ii) may require that persons receiving symbols apply in writing and agree in writing to specific terms and conditions in order to participate in the program;
(iii) shall develop community based selection procedures to assure the suitability of the persons and location which are the subjects of an application prior to issuing symbols after conducting a background check, including, but not limited to, information available in its jurisdiction, and inquiry of the department of social services register of child abuse and maltreatment regarding the applicant and any persons residing at the location. Until such procedures are developed and implemented, law enforcement agencies may access records of the division maintained pursuant to section eight hundred thirty-seven of this article;
(iv) shall maintain a register of locations using the official, sign or symbol and any other known locations using other symbols for similar purposes pursuant to subdivision five of this section;
(v) shall make efforts, themselves or through arrangements with school districts, not-for-profits, or other organizations, to educate children to recognize the correct symbol and the program.
b. For purposes of this subdivision:
(i) the term "law enforcement agency" shall mean any agency or department of any municipality or any police district employing a police officer or police officers as that term is defined in paragraphs (b) and (d) of subdivision thirty-four of section 1.20 of the criminal procedure law; and
(ii) the symbols provided by law enforcement agencies for purposes of this program are the property of said agency.
3. Persons who are issued a symbol by a law enforcement agency shall:
a. display it or any related or similar symbol or sign that is visible from the outside of their building only upon such terms and conditions as may be specified by the law enforcement agency; and
b. return said symbol to the law enforcement agency immediately upon demand therefor by said agency.
4. a. Any person who possesses, uses, or duplicates the symbol or sign created pursuant to subdivision one of this section, or any symbol authorized for use pursuant to subdivision two of this section, without complying with the provisions of this section shall be liable for a civil fine of fifty dollars.
b. Possession, use or duplication of the symbol or sign created pursuant to subdivision one of this section, or any symbol authorized for use pursuant to subdivision two of this section, with the intent to attract children into the location for any purpose other than protecting them when they are threatened is a misdemeanor.
c. No symbol except the symbol authorized in subdivisions one or five of this section shall be used to designate a safe house.
5. Children's safe haven/safe home programs existing on the effective date of this section may continue to use the same symbol on existing or new locations and expand service areas using symbols in use on such date.
§ 837-l. Capital prosecution extraordinary assistance program. There is hereby created within the division a capital prosecution extraordinary assistance program to be administered by the commissioner, to distribute funds to district attorneys for the prosecution of capital cases. Such funds shall be distributed where the commissioner determines, on the basis of a written certification by the applicant district attorney, that due to the nature or number of capital cases being prosecuted by the district attorney a significant financial burden has resulted and financial assistance is necessary in order to fulfill such district attorney's responsibilities; provided, however, that such funds shall not be used to supplant existing resources. Such funds may also be distributed to a district attorney who, upon the request of another district attorney, has provided assistance in the prosecution of a capital case.
* § 837-m. Reporting duties of law enforcement departments with respect to missing children and vulnerable adults. The chief of every police department, each county sheriff and the superintendent of state police shall report, at least semi-annually, to the division with respect to specified cases of missing children that are closed. Such reports shall be in the form and manner prescribed by the division and shall contain such information as the division deems necessary including, but not limited to, information regarding recovered children who were arrested, children who were the victims of criminal activity or exploitation and children who were found deceased and information regarding the alleged abductor or killer of such children. Any law enforcement department referred to in this section may, in its discretion, include in such semi-annual reports information relating to missing vulnerable adults as such term is defined in section eight hundred thirty-seven-f-one of this article.
* NB There are 2 § 837-m's
* § 837-m. Criminal history records search for certain employment, appointments, licenses or permits in the city of New York. 1. As used in this section:
(a) "Department" shall mean the New York city department of investigation.
(b) "Applicant" shall mean a person applying for:
(1) employment with the city of New York in a position providing child day care services, as such term is defined in subdivision one of section three hundred ninety of the social services law, or providing such services through an entity pursuant to a contract between such entity and the city of New York to provide such services or providing such child day care services through an entity required to have a permit for such services issued by the health department of the city of New York; or
(2) employment with the department, or appointment to a senior position in an office of an elected official or agency of the city of New York or of a public authority, board, committee, commission, or public benefit corporation, where such person is to be the subject of a background investigation pursuant to subdivisions (a) and (b) of section seven of executive order number sixteen of the mayor of the city of New York dated July twenty-sixth, nineteen hundred seventy-eight, as amended by section one of executive order seventy-two of the mayor of the city of New York dated April twenty-third, nineteen hundred eighty-four; or
(3) mayoral appointment as a judge of the New York city criminal court or the New York city civil court or the family court of the state of New York within the city of New York; or
(4) a license, certificate of approval, class A photo identification card or employment, pursuant to the following provisions of the administrative code of the city of New York which require the submission of fingerprints:
A. Title 16-A: New York City Trade Waste Commission Section 16-508(b);
B. Title 22: Fulton Fish Market Distribution Area and Other Seafood Distribution Areas, Section 22-216(a)(1); and
C. Title 20: Regulation of Shipboard Gambling, Section 20-954(b)(1), as added to the administrative code of the city of New York by a nineteen ninety-seven local law of the city of New York.
2. As a condition of eligibility for such licenses, certificate of approval, class A photo identification card, contract to provide services, or employment, the department, appointing or issuing agency shall obtain the applicant's fingerprints and submit such fingerprints to the division for purposes of determining the criminal history of the applicant. The department may submit two sets of fingerprints to the division.
3. The first set of fingerprints received by the division shall be used to identify the individual and to conduct a criminal history records search of the division's New York state files to determine whether such individual has been convicted of a criminal offense in this state. The division shall forward the second set of such individual's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has been convicted of a criminal offense in any state or federal jurisdiction.
4. The division shall promptly transmit the reports of these New York state and nationwide criminal records searches to the requesting department, appointing or issuing agency. Such reports, when received by the requesting department, appointing or issuing agency, shall be marked confidential and securely stored, and shall not be disclosed to any person other than the applicant, although the contents of the report may be disclosed to the agency or agencies whose consideration of such applicant prompted the ordering of such reports.
5. (a) Each applicant shall sign a release authorizing the department, appointing or issuing agency to submit such applicant's fingerprints to the division and to receive the results of such criminal history record searches supplied by the division and the federal bureau of investigation. Such release, a copy of which shall be supplied to the applicant, shall also advise the applicant that a criminal history record search will be conducted concerning the applicant and that he or she may obtain a copy of his or her criminal history record and seek correction of any information contained in such record pursuant to regulations promulgated by the division.
(b) Each such applicant shall, in advance, make payment to the division of any reasonable fee required by law which is reasonably related to the cost of conducting the searches authorized by this section. All fingerprints supplied by the applicant shall be returned to the applicant upon termination or denial of the license, certificate of approval, class A photo identification card, contract to provide services, or employment in connection with which such fingerprints were obtained.
* NB There are 2 § 837-m's
§ 837-n. Criminal history information of caregivers; requirements. 1. Definitions. For the purposes of this section:
(a) "Caregiver" shall mean a person employed to provide fifteen or more hours of care per week to a child or children in the home of such a child or children.
(b) "Criminal history information" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services.
2. (a) Upon request, a caregiver may provide a prospective employer with a set of fingerprints, or two such sets of fingerprints if the prospective employer also seeks to obtain a criminal history report from the federal bureau of investigation, in such form and manner as shall be specified by the division of criminal justice services, but in any event, no less than two digit imprints. The prospective employer shall submit the fingerprints to the division of criminal justice services for screening, together with the prescribed processing fee, as set forth in subdivision eight-a of section eight hundred thirty-seven of this article and any fees associated with obtaining fingerprints under this subdivision, provided, however, that the commissioner shall develop a reduced fee based upon the prospective employer's ability to pay. If the prospective employer also seeks to obtain a criminal history report from the FBI, the required fee for such report shall also be included.
(b) Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services. The division of criminal justice services shall compare such fingerprints against the records of such division and upon request of the prospective employer shall forward a set of such fingerprints to the federal bureau of investigation at Washington with a request that the files of the bureau be searched and notification of the results of such search and a report thereon shall be made. The division of criminal justice services shall formulate a standard criminal history information report and the standard form for such reporting. The division of criminal justice services shall forward such criminal history information report to the prospective employer in a timely manner. All such reports processed and sent to such prospective employer pursuant to this paragraph shall not be published or in any way disclosed or redisclosed to persons other than the prospective employer, or the prospective caregiver. Any person who discloses or rediscloses such reports in violation of this section shall be guilty of a class A misdemeanor.
(c) The office of children and family services shall prepare and disseminate information to advise the public of the right to obtain the criminal history information of a prospective caregiver. Such information shall also include, but not be limited to, the following:
(i) the voluntary nature of the criminal history information check;
(ii) the steps necessary to use the criminal history information check, including information on form availability, fingerprinting and fees;
(iii) applicable confidentiality requirements; and
(iv) other information that is available to prospective employers upon the consent of a prospective caregiver including but not limited to department of motor vehicles records, educational records and credit records, including, where relevant and available, phone numbers, addresses and a description of the content and potential uses of such records.
(d) The commissioner of the division of criminal justice services shall promulgate all rules and regulations necessary to implement the provisions of this section.
§ 837-o. Search for arson and sex offense conviction records of volunteer firefighter applicants. 1. Any person who applies for membership in a fire company, as such term is defined in section three of the volunteer firefighters' benefit law, or who seeks to transfer as a member to another fire company, shall be required to authorize the submission of his or her name and other authorized identifying information to the division which shall search its files for records indicating whether the person stands convicted of the crime of arson or a crime which requires the person to register as a sex offender under article six-C of the correction law. The chief of the fire company to which application is made shall provide written notice to the applicant that a search will be conducted, and if the applicant desires to proceed, he or she shall complete a search request on the form provided for this purpose by the division of criminal justice services.
2. Within ten business days of receipt from the applicant, the chief of the fire company shall send the completed search request form to either (i) the sheriff's department of the county in which the fire company is located, or (ii) the office of fire prevention and control, as follows:
(a) the sheriff's department of the county in which the fire company is located shall be responsible for receiving the search requests and processing the search requests with the division within ten business days of receipt from the chief of the fire company, unless the county legislative body adopts and files with the office of fire prevention and control pursuant to the municipal home rule law a local law providing that the sheriff's department shall not have such responsibility;
(b) in all other instances where a county legislative body has adopted a local law pursuant to paragraph (a) of this subdivision, the office of fire prevention and control shall be responsible for receiving search requests and forwarding the search requests to the division. The office of fire prevention and control is hereby authorized to establish a communication network with the division for the purpose of forwarding search requests and receiving search results pursuant to paragraph (b) of this subdivision.
3. (a) All searches concerning the application for membership in a fire company shall be conducted under the provisions of subdivision six of section eight hundred thirty-seven of this article without the assessment of any fee to the applicant or fire company and shall pertain solely to ascertaining whether the applicant stands convicted of arson or a crime which requires the person to register as a sex offender under article six-C of the correction law.
(b) The results of the search shall be communicated in writing, within ten business days of receipt from the division, to the chief of the fire company from which the search request originated by either the sheriff's department or the office of fire prevention and control, and shall be kept confidential by the chief, except as provided in paragraph (c) of this subdivision. The results of the search shall only state either that: (i) the applicant stands convicted of arson and/or a crime which requires the person to register as a sex offender under article six-C of the correction law, or (ii) the applicant has no record of conviction for arson or a crime which requires the person to register as a sex offender under article six-C of the correction law. The results of the search shall not divulge any other information relating to the criminal history of the applicant.
(c) At the time an applicant is advised that he or she is ineligible for membership due to a record of conviction for arson, he or she shall also be advised of the rights to challenge and appeal the information contained in the record of conviction as provided in the rules and regulations of the division. The applicant shall continue to be barred from membership until all administrative and judicial challenges to the accuracy of such information or appeals therefrom, are ultimately resolved in his or her favor, or if such a determination is unchallenged.
(d) If a person is denied election or appointment as a volunteer member of a fire company based in whole or in part on the fact that he or she stands convicted of a crime which requires the person to register as a sex offender under article six-C of the correction law, he or she shall be advised by the fire company of the rights to challenge and appeal the information contained in the record of conviction as provided in the rules and regulations of the division, and provided by the fire company with a copy of the criminal history record received by the fire company and with a copy of sections seven hundred fifty-two and seven hundred fifty-three of the correction law.
§ 837-p. Criminal history records search for certain licenses and registrations in the county of Westchester. 1. As used in this section:
(a) "Commission" shall mean the Westchester county solid waste commission.
(b) "Applicant" shall mean a person applying for a license or registration pursuant to chapter eight hundred twenty-six-a of the laws of Westchester county which requires the submission of fingerprints.
2. As a condition of eligibility for such licenses and/or registrations, the commission shall obtain two sets of the applicant's fingerprints and submit such fingerprints to the division for purposes of determining the criminal history of the applicant.
3. The first set of fingerprints received by the division shall be used to identify the applicant and to conduct a criminal history records search of the division's New York state files to determine whether or not such applicant has a criminal history in this state. The division shall forward the second set of such applicant's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has a criminal history in any state or federal jurisdiction.
4. The division shall promptly transmit the reports of the New York state criminal record search to the executive director of the commission. The federal bureau of investigation reports of nationwide criminal records searches shall be transmitted to the executive director of the commission by the most direct means authorized by federal law, rules and regulations. All such reports, when received by the commission, shall be marked confidential and securely stored, and shall not be disclosed to any person other than the applicant, although the contents of the report may be disclosed to the members of the commission.
5. (a) Each applicant shall sign a release authorizing the commission to submit such applicant's fingerprints to the division and the federal bureau of investigation, and for the executive director of the commission to receive the results of such criminal history record searches supplied by the division and the federal bureau of investigation. Such release shall also advise the applicant that a criminal history record search will be conducted concerning the applicant and that he or she may obtain a copy of his or her criminal history record and seek correction of any information contained in such record pursuant to regulations promulgated by the division.
(b) Each such applicant shall, in advance, make payment to the commission of the fee required pursuant to subdivision eight-a of section eight hundred thirty-seven of this article and any fee imposed by the federal bureau of investigation.
§ 837-q. Payments to Westchester county for policing special parkways. The commissioner of the division of criminal justice services is hereby authorized and directed, pursuant to annual appropriations, to make payments to Westchester county for costs associated with policing special parkways as defined in subdivision two of section seventy of the transportation law.
§ 837-r. Office of sex offender management. 1. Establishment of office. There is hereby established within the division of criminal justice services the office of sex offender management, hereinafter in this section referred to as "the office."
2. Duties and responsibilities. The office, in consultation with the commissioner of mental health, shall be responsible for policy matters relating to sex offenders and the management of their behavior. Its activities as to such matters shall include, but not be limited to:
(a) Studying issues relating to management of sex offender behavior in consultation with experts, service providers and representative organizations in the field of sex offender management;
(b) Serving as a clearinghouse for information and materials including lists of treatment providers and other community resources for sex offender management;
(c) Advising the governor and the legislature on the most effective ways for state government to address issues of sex offender management;
(d) Coordinating and recommending sex offender management policy and interagency initiatives including matters relating to risk assessment; provision of treatment; supervision policy; the use of videoconferencing and other tools to expedite hearings; the use of polygraphs, electronic monitoring, and other supervisory tools; the sharing of information among relevant agencies; residential issues; and other matters relating to re-entry and integration into society;
(e) Developing recommendations as to standards, guidelines, best practices, and qualifications for sex offender assessment, treatment, and supervision;
(f) Acting as an advocate for sex offense victims and programs and coordinating activities of other agencies with related functions;
(g) Developing and implementing campaigns of public awareness, community outreach, and sex offense prevention;
(h) Coordinating programs of training and education for law enforcement and treatment providers, judges, attorneys, and other professionals; and
(i) Developing case management systems and other information technology to support state activities in the management of sex offender behavior.
3. Other state agencies shall provide cooperation and assistance to the office so as to assist it in the effective performance of its duties.
§ 837-s. Search for sex offense conviction records of emergency medical technician and other first responder applicants. 1. The chief officer of any volunteer ambulance company, as such term is defined in subdivision two of section three of the volunteer ambulance workers' benefit law, any proprietary ambulance service, or any other ambulance or emergency medical service providing emergency medical care and transportation of sick or injured persons to health care facilities, shall notify every new applicant for emergency medical technician, paramedic, certified first responder applicant, or any other applicant who would be responsible for providing emergency medical care and transportation of sick or injured persons to health care facilities, including applicants seeking to transfer from one ambulance company or service to another, that their personally identifying information will be checked against the public records of those individuals required to register under article six-C of the correction law.
2. If such applicant desires to proceed, within ten business days of receiving an application, the chief officer shall inquire of the division as to whether such applicant is required to register by calling the special telephone number established pursuant to section one hundred sixty-eight-p of the correction law. Such chief officer may also check the internet posting subdirectory of level two and three sex offenders established pursuant to section one hundred sixty-eight-q of the correction law.
3. Where such search reveals that an applicant is registered under article six-C of the correction law, the chief officer of the ambulance company or service shall determine whether or not such person shall be eligible to be elected or otherwise appointed as a member of such ambulance company or service. Such determination shall be made consistent with article twenty-three-A of the correction law and a copy of such article shall be provided to the applicant.
§ 837-t. Use of force reporting. 1. The chief of every police department, each county sheriff, and the superintendent of state police shall report to the division, in a form and manner as defined in regulations by the division, any instance or occurrence in which a police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, or a peace officer, as defined in section 2.10 of the criminal procedure law, employs the use of force as follows:
a. brandishes, uses or discharges a firearm at or in the direction of another person; or
b. uses a chokehold or similar restraint that applies pressure to the throat or windpipe of a person in a manner that may hinder breathing or reduce intake of air; or
c. displays, uses or deploys a chemical agent, including, but not limited to, oleoresin capsicum, pepper spray or tear gas; or
d. brandishes, uses or deploys an impact weapon, including, but not limited to, a baton or billy; or
e. brandishes, uses or deploys an electronic control weapon, including, but not limited to, an electronic stun gun, flash bomb or long range acoustic device; or
f. engages in conduct which results in the death or serious bodily injury of another person. Serious bodily injury is defined as bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ or mental faculty.
2. On an annual basis, the commissioner shall conspicuously publish on the department's website a comprehensive report including the use of force information received under subdivision one of this section during the preceding year. Such reports shall not identify the names of the individuals involved, but for each event reported, shall list the date of the event, the location disaggregated by county and law enforcement agencies involved, the town or city, and any additional relevant location information, a description of the circumstances of the event, and the race, sex, ethnicity, age, or, if unknown, approximate age of all persons engaging in the use of force or suffering such injury.
§ 837-u. The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annually regarding pretrial release and detention. Such data and report shall contain information categorized by age, gender, racial and ethnic background; regarding the nature of the criminal offenses, including the top charge of each case; the number and type of charges in each defendant's criminal record; whether the prosecutor requested that the court fix bail, the amounts and forms of bail requested by the prosecutor, and the amounts and forms of bail set by the court; the number of individuals released on recognizance; the number of individuals released on non-monetary conditions, including the conditions imposed; the number of individuals committed to the custody of a sheriff prior to trial; the rates of failure to appear and rearrest; the outcome of such cases or dispositions; whether the defendant was represented by counsel at every court appearance regarding the defendant's securing order; the length of the pretrial detention stay and any other such information as the chief administrator and the division of criminal justice services may find necessary and appropriate. Such annual report shall aggregate the data collected by county; court, including city, town and village courts; and judge. The data shall be aggregated in order to protect the identity of individual defendants. The report shall be released publicly and published on the websites of the office of court administration and the division of criminal justice services. The first report shall be published eighteen months after this section shall have become a law, and shall include data from the first twelve months following the enactment of this section. Reports for subsequent years shall be published annually on or before that date thereafter.
* § 837-v. Report of discharge of weapon. 1. Any law enforcement officer or peace officer who discharges his or her weapon while on duty or off duty under circumstances wherein a person could be struck by a bullet from the weapon, including situations wherein such officer discharges his or her weapon in the direction of a person, shall verbally report the incident to his or her superiors within six hours of the occurrence of the incident and shall prepare and file a written report of the incident within forty-eight hours of the occurrence of the incident. Nothing contained in this section shall prevent any officer from invoking his or her constitutional right to avoid self-incrimination.
2. As used in this section "law enforcement officer" means a state or local police officer and "peace officer" means any person designated as a peace officer pursuant to section 2.10 of the criminal procedure law.
* NB There are 2 § 837-v's
* § 837-v. Reporting duties of law enforcement departments with respect to arrest-related deaths. 1. The chief of every police department, each county sheriff, and the superintendent of state police shall promptly report to the division any arrest-related death, disaggregated by county. The data shall include all information the division shall report pursuant to the requirements of subdivision five of this section.
2. The initial report required by this subdivision shall be for the period beginning six months after the effective date of this section and shall be submitted on an annual basis thereafter. Each annual report shall be submitted no later than February first.
3. The division shall make the information required by subdivision one of this section available to the public by posting it on the website of the division. With respect to the information required by subdivision one of this section, the division shall update such information on a monthly basis and such information shall be posted in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
4. The division shall promulgate regulations to effectuate the reporting of data from law enforcement departments sufficient to make the reports required by subdivision five of this section.
5. The division shall submit to the governor and the legislature an annual report of arrest-related deaths disaggregated by county. An arrest-related death is a death that occurs while an individual is in law enforcement custody or during an attempt to establish custody including, but not limited to, deaths caused by any use of force. Such report shall include the following information:
(a) the number of arrest-related deaths;
(b) the race, ethnicity, age, and sex of the individual;
(c) the zip code or location where the death occurred; and
(d) a brief description of the circumstances surrounding the arrest-related death.
* NB There are 2 § 837-v's
* § 837-w. Technological viability of microstamping-enabled firearms. 1. As used in this section, the terms "microstamping-enabled pistols" and "microstamping components" shall have the same meaning as defined in article two hundred sixty-five of the penal law.
2. The division or a designee shall within one hundred eighty days of the effective date of this section:
(a) engage in and complete an investigation to certify the technological viability of microstamping-enabled pistols. This investigation shall include live-fire testing evidence; and
(b) certify or decline to certify that microstamping-enabled pistols are technologically viable.
3. Following a certification by the division or a designee that microstamping-enabled pistols are technologically viable, the division shall:
(a) within three hundred sixty-five days from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish performance standards, qualifying criteria and testing protocols applicable to the examination and verification of microstamping-enabled pistols and microstamping components;
(b) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish and implement verification processes for microstamping-enabled pistols and microstamping components;
(c) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish processes and standards for the training and licensure of persons, associations, partnerships, corporations, or other entities so that such may engage in the business of servicing semi-automatic pistols and their components to ensure compliance with the requirements of article two hundred sixty-five of the penal law; and
(d) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, designate a body to service semiautomatic pistols and their components to ensure compliance with the requirements of article two hundred sixty-five of the penal law.
4. The division shall promulgate any rule or regulation as may be necessary to carry out the provisions of this section.
* NB There are 2 § 837-w's
* § 837-w. Blue alert system. 1. There is established within the division a blue alert system to aid in the identification, location and apprehension of any individual or individuals suspected of killing or seriously wounding any police officer.
2. For the purposes of this section:
(a) The term "blue alert" shall mean information sent through the blue alert system related to:
(i) the serious injury or death of a law enforcement officer in the line of duty;
(ii) an officer who is missing in connection with the officer's official duties; or
(iii) an imminent and credible threat that an individual intends to cause the serious injury or death of a law enforcement officer.
(b) The term "law enforcement agency having jurisdiction" shall mean the chief law enforcement officer of the village, town, city, county, or the division of state police that is investigating an offense necessitating the use of a blue alert.
(c) The term "law enforcement officer" shall mean a state or local police officer.
3. Upon the request of a law enforcement agency having jurisdiction, the division shall issue a blue alert when public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. Such blue alert may be disseminated on a regional or statewide basis. Nothing in this section shall require a law enforcement agency having jurisdiction to request a blue alert in any circumstance described in paragraph (a) of subdivision two of this section or to participate in the dissemination of information under the blue alert system.
4. The division shall coordinate with the department of transportation, the division of state police, and police agencies, and may also coordinate with public commercial television and radio broadcaster organizations, to effectuate notifications under the blue alert system. Information disseminated pursuant to a blue alert may include, but shall not be limited to, a detailed description of the suspect's vehicle or license plate number and the name of the law enforcement agency that requested the alert.
5. The division may coordinate with additional state agencies capable of providing urgent and timely information to the public, together with television and radio broadcasters and other private entities, where appropriate, and if authorized and under conditions permitted by the federal government, that consent to participate in the dissemination of urgent public information.
6. The division shall develop criteria and procedures for activation of the blue alert system, and shall regularly review the function of the blue alert system and revise its criteria and procedures to provide for efficient and effective public notifications.
7. The provisions of this section shall only apply in the event that the division has been designated to use the federally authorized Emergency Alert System for the issuance of blue alerts.
8. The division is hereby authorized to promulgate rules and regulations for the implementation of the blue alert system pursuant to this section.
* NB There are 2 § 837-w's
* § 837-x. Cooperation with certain out-of-state investigations. 1. For purposes of this section, the following terms shall have the following meanings:
(a) "Reproductive health services" shall have the same meaning as paragraph (a) of subdivision one of section 570.17 of the criminal procedure law; and
(b) "Legally protected health activity" shall have the same meaning as paragraph (b) of subdivision one of section 570.17 of the criminal procedure law.
2. No state or local government employee or entity or other person acting on behalf of state or local government shall cooperate with or provide information to any individual or out-of-state agency or department regarding any legally protected health activity in this state, or otherwise expend or use time, moneys, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state. Nothing in this section shall prohibit the investigation of any reproductive health services rendered in violation of the laws of this state, provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual. Nothing in this section shall prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
* NB There are 2 § 837-x's
* § 837-x. Cooperation with certain out-of-state investigations. No state or local law enforcement agency shall cooperate with or provide information to any individual or out-of-state agency or department regarding the provision, seeking, or assistance in provision or seeking of lawful gender-affirming care performed in this state. Nothing in this section shall prohibit the investigation of any criminal activity in this state which may involve the performance of gender-affirming care provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual.
* NB There are 2 § 837-x's
§ 838. Identification of unknown dead and missing persons. 1. Every county medical examiner and coroner shall promptly furnish the division and the National Missing and Unidentified Persons System created by the Office of Justice Program's National Institute of Justice, with copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, personal descriptions and other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner or coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent's identification. The division shall promptly make available personal descriptions and other identifying data, including date and place of death, of such deceased persons to all law enforcement agencies in the state, and upon request, to law enforcement agencies outside of the state.
2. In any case where it is not physically possible to furnish prints of the ten fingers of the deceased, prints or partial prints of any fingers with other identifying data shall be forwarded by the county medical examiner or coroner to the division.
3. In addition to the foregoing provisions of this section, the county medical examiner or coroner shall cause a dentist authorized to practice pursuant to article one hundred thirty-three of the education law or a dental student in a registered school of dentistry in this state to carry out a dental examination of the deceased. The medical examiner or coroner shall forward the dental examination records to the division on a form supplied by the division for that purpose.
4. The division shall compare the fingerprints received from the county medical examiners or coroners to fingerprints on file with the division for purposes of attempting to determine the identity of the deceased. Other descriptive data supplied with the fingerprints shall also be compared to records maintained by the division concerning missing persons. The division shall submit the results of the comparisons to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
5. (a) (i) When any person makes a report of a missing person to a law enforcement authority, the authority shall request a member of the family or next of kin of the missing person to authorize the release to the division of the dental records of the person reported missing. The release shall be on a form supplied by the division. If the person reported missing is still missing thirty days after the report is made, the law enforcement authority shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the division within ten days. The form of such request shall also include means by which the law enforcement authority shall be notified of the delivery of such records.
(ii) When the person reported missing has not been found within thirty days and no family or next of kin exists or can be located, the law enforcement authority may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted, and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a peace officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the division.
(b) Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to the division, where a file shall be maintained concerning persons reported to it as missing and who have not been reported to it as found. The file shall contain dental records and such other information as the division finds to be relevant to assisting in the location of a missing person. The law enforcement authority shall be notified of the delivery of such records.
6. The division shall compare the dental records received from the county medical examiners or coroners to dental records of missing persons on file with the division. The division shall submit the results of the comparison to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
7. (a) When a person previously reported missing has been found, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section and shall report to the division that the person has been found and that the records and documents have been so erased or destroyed. After receiving such a report, the division shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section.
(b) Nothing in paragraph (a) of this subdivision shall be construed as prohibiting law enforcement agencies from maintaining case files relating to vulnerable adults, as defined in section eight hundred thirty-seven-f-one, who were reported missing, provided, however, that any DNA, fingerprints and/or dental records acquired in the course of such investigation shall be erased and/or destroyed in accordance with paragraph (a) of this subdivision after the person previously reported missing has been found.
(c) (i) Notwithstanding the provisions of paragraph (a) of this subdivision, if a vulnerable adult, as defined in section eight hundred thirty-seven-f-one of this article, previously reported missing has been found, the division shall maintain a sealed record of the case file for a period of ten years, after which it shall be erased and/or destroyed. The sealed record shall be unsealed if the individual to whom the record pertains is reported missing on a subsequent occasion or if needed for evidentiary purposes in any civil litigation against the division or its personnel that arises from the investigation. However, in the event that there are grounds for a criminal action arising from the investigation, nothing in this subdivision shall be interpreted as prohibiting the division from allowing such records to remain unsealed until such criminal action is concluded or otherwise resolved.
(ii) The division shall establish rules and regulations relating to the unsealing of records. Such rules and regulations shall require that, pursuant to subparagraph (i) of this paragraph, the process of unsealing such records shall take no longer than two hours from the time the division receives a report that a vulnerable adult, for whom there is a previous record, is missing.
8. The information contained in the division's missing person files shall be made available by it to law enforcement agencies attempting to locate missing persons.
9. Notwithstanding any other provision of law, no criminal justice agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, criminal justice agencies shall make entries of such report to the register in the manner provided by section eight hundred thirty-seven-e of this article.
10. Notwithstanding any other provision of law, no criminal justice agency shall establish or maintain any policy that requires the observance of a waiting period before accepting and investigating a report of a missing vulnerable adult as defined in section eight hundred thirty-seven-f-one of this article. Upon receipt of a report of such missing vulnerable adult, criminal justice agencies shall make entries of such report in the manner provided by subdivision eleven of this section.
11. Whenever a criminal justice agency determines that a person is a missing vulnerable adult, as defined in section eight hundred thirty-seven-f-one of this article, or that an unidentified living person may be a missing vulnerable adult, such criminal justice agency shall enter the report of such missing vulnerable adult in any database of missing persons maintained by the division and the federal government.
§ 838-a. Maintenance of sexual offense evidence kits. 1. The following requirements shall apply to all sexual offense evidence kits surrendered to or collected by, at the request of, or with cooperation of a police agency or prosecutorial agency:
(a) Each such police agency and prosecutorial agency shall submit any sexual offense evidence kits in its custody or control to an appropriate forensic laboratory within ten days of receipt.
(b) Each forensic laboratory receiving sexual offense evidence kits after the effective date of this section shall assess case specific information for Combined DNA Index System (CODIS) eligibility and, if eligible, analyze the kits and attempt to develop CODIS eligible profiles of any potential perpetrators from the evidence submitted. The forensic lab shall report the results to the submitting agency and appropriate prosecutorial entity within ninety days after receipt of a kit.
(c) Each police agency and prosecutorial agency that has one or more sexual offense evidence kit in its custody or control shall, within ninety days after the effective date of this paragraph, inventory such kits and report the total number of such kits to the division and to the forensic laboratory where such kits will be submitted pursuant to paragraph (a) of this subdivision. The division shall provide such inventories to the senate and assembly leaders by March first, two thousand seventeen. Every police and prosecutorial agency shall update this report each month thereafter until paragraph (a) of this subdivision has become effective.
(d) Each police agency and prosecutorial agency that, prior to the effective date of paragraph (a) of this subdivision, has one or more sexual offense evidence kits in its custody or control shall, within thirty days after the effective date of this section, submit all untested kits in its possession or control to an appropriate forensic laboratory.
(e) Each forensic laboratory, within one hundred twenty days after receiving each sexual offense evidence kit pursuant to paragraph (d) of this subdivision shall assess case specific information for CODIS eligibility and, if eligible, analyze the kits and attempt to develop CODIS eligible profiles for any potential perpetrators and shall, within ninety days of such assessment, report the results to the submitting agency and the appropriate prosecutorial entity.
(f) The failure of any such police agency, prosecutorial agency or forensic laboratory to comply with a time limit specified in this section or section eight hundred thirty-eight-b of this article shall not, in and of itself, constitute a basis for a motion to suppress evidence in accordance with section 710.20 of the criminal procedure law.
2. (a) Each forensic laboratory in the state shall report to the division, on a quarterly basis, in writing, on (i) the number of sexual offense evidence kits it received, (ii) the number of such kits processed for the purpose of developing Combined DNA Index System (CODIS) eligible profiles of any potential perpetrators, and (iii) the number of kits not processed for testing, including, the reason such kits were ineligible for processing.
(b) Each police agency and prosecutorial agency shall report to the division on a quarterly basis, in writing, on (i) the number of all the sexual offense evidence kits it received, (ii) the number of such kits it submitted to a forensic laboratory for processing, (iii) the number of kits in its custody or control that have not been processed for testing, and (iv) the length of time between receipt of any such sexual offense evidence kit and the submission of any such kit to the forensic laboratory.
(c) The division shall provide to the senate and assembly leaders such quarterly reports received from the forensic labs and police and prosecutorial agencies pursuant to paragraphs (a) and (b) of this subdivision by January first, two thousand eighteen and annually thereafter.
3. Each police agency, prosecutorial agency and other law enforcement agency within this state shall adopt policies and procedures concerning contact with victims of sexual offenses, and the provision of information to victims upon request, concerning sexual offense evidence collected or received from them. The policies and procedures shall be victim-focused, meaning systematically focused on the needs and concerns of victims to ensure the compassionate and sensitive delivery of services in a nonjudgemental manner, and shall include, at a minimum, a requirement that:
(a) the police agency, prosecutorial agency or other law enforcement agency designate at least one person, who is trained in trauma and victim response through a program meeting minimum standards established by the division of criminal justice services, following appropriate guidelines on evidence-based, trauma-informed practices, which may include guidelines from the Substance Abuse and Mental Health Services Administration, within its agency to receive all inquiries concerning sexual offense evidence kits from victims; and
(b) at the time that a sexual offense evidence kit is collected, a victim shall be provided with: (i) a copy of the victim bill of rights described in subdivision six of section twenty-eight hundred five-i of the public health law; and (ii) contact information, including a name, phone number and e-mail address, for the individual designated pursuant to paragraph (a) of this subdivision at the police agency, prosecutorial agency or other law enforcement agency with jurisdiction over the sexual offense.
4. The division shall undertake actions designed to ensure that all police agencies and prosecutorial agencies in the state and all forensic laboratories are educated and aware of the provisions of this section.
§ 838-b. Victim's right to notice. Each police agency, prosecutorial agency and other law enforcement agency with jurisdiction over a sexual offense shall, upon request of the victim who has consented to report such offense to law enforcement, provide the sexual offense victim with notice of the date and location at which sexual offense evidence collected or received from such victim is assessed for CODIS eligibility and analyzed, whether a CODIS eligible profile was developed and whether or not a DNA match was identified, provided, however, that the police agency, prosecutorial agency or other law enforcement agency serving the jurisdiction may temporarily delay release of such DNA match information to the victim, prior to the arrest of a suspect alleged to have committed such offense, if such agency documents in writing and notifies the victim that release of such information would compromise the successful investigation of such sexual offense. The police or prosecutorial agency or other law enforcement agency in possession of a sexual offense evidence kit shall notify the sexual offense victim at least ninety days prior to the expiration of the twenty-year storage period in accordance with paragraph (k) of subdivision two of section twenty-eight hundred five-i of the public health law.
§ 839. Municipal police training council. 1. There is hereby created within the division a municipal police training council composed of ten members, who shall be selected as follows:
(a) one shall be appointed by the governor who shall be a full-time faculty member of a college or university who teaches in the area of criminal justice or police science;
(b) one shall be appointed by the governor from a list of at least six nominees submitted by the New York state sheriffs' association, who shall be incumbent sheriffs in the state having at least two years of service on the law enforcement training committee of such association or having other specialized experience in connection with police training which, in the opinion of the chairman of such law enforcement training committee, provides the sheriff with at least an equivalent background in the field of police training; and
(c) one shall be appointed by the governor from a list of at least six nominees submitted by the New York state association of chiefs of police, who shall be incumbent chiefs of police or commissioners of police of a municipality in the state having at least two years of service on the police training committee of such association or having other specialized experience in connection with police training which, in the opinion of the chairman of such training committee, provides the chief of police or commissioner of police with at least an equivalent background in the field of police training; and
(d) one shall be the commissioner of police of the city of New York or a member of his department, designated by such commissioner and approved by the governor; and
(e) one shall be the superintendent of the state police; and
(f) one shall be appointed by the governor who shall be an incumbent chief of police or commissioner of police from a municipality in the state with a police department consisting of more than one hundred officers; and
(g) one shall be appointed by the governor who shall be an incumbent sheriff in the state from an agency with more than one hundred deputy sheriffs; and
(h) one shall be appointed by the governor who shall be a representative of victims of crime; and
(i) one shall be appointed by the governor who shall be a representative from a community with high numbers of police and community interactions; and
(j) one shall be appointed by the governor who shall be an incumbent executive from a peace officer employing agency or municipality.
2. The governor shall designate from among the members of the council a chairman who shall serve during the pleasure of the governor.
3. All members of the council appointed by the governor shall be appointed for terms of two years, such terms to commence on April first, and expire on March thirty-first. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled in the same manner as original appointments. Any member may be reappointed for additional terms.
4. Any member of the council appointed pursuant to paragraphs (b) or (c) of subdivision one of this section as an incumbent sheriff, chief of police or commissioner of police, as the case may be, shall immediately upon the termination of his holding of said office or employment, cease to be a member of the council.
5. The council shall meet at least four times in each year. Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of six members of the council. The council may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that all recommendations made by the council to the governor pursuant to subdivision one of section eight hundred forty of this chapter shall require the affirmative vote of six members of the council.
6. Membership on the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign power of the state.
7. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.
8. No member of the council shall be disqualified from holding any public office or employment, nor shall he forfeit any such office or employment, by reason of his appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
§ 840. Functions, powers and duties of council. 1. The council may recommend to the governor rules and regulations with respect to:
(a) The approval, or revocation thereof, of police training schools administered by municipalities;
(b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved municipal police training schools;
(c) Minimum qualifications for instructors at approved police training schools;
(d) The requirements of minimum basic training which police officers appointed to probationary terms shall complete before being eligible for permanent appointment, and the time within which such basic training must be completed following such appointment to a probationary term;
(e) The requirements of minimum basic training which police officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, and the time within which such basic training must be completed following such appointment on a non-permanent basis;
(f) The requirements of minimum basic training which peace officers must complete before being eligible for certification as peace officers, pursuant to section 2.30 of the criminal procedure law;
(g) Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to such categories or classifications; and
(i) The establishment, in cooperation with the division of state police, of a formalized consumer product tampering training program for all law enforcement personnel.
(j) (1) Development, maintenance and dissemination of written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; (2) establishment and implementation on an ongoing basis, of a training program for all current and new police officers regarding the policies and procedures established pursuant to this paragraph; and (3) establishment of a training program for police officers whose main responsibilities are juveniles and the laws pertaining thereto, including children under twelve years of age who do not fall under the definition of juvenile delinquent pursuant to subparagraph (iii) of paragraph (a) of subdivision one of section 301.2 of the family court act and whose behavior, but for their age would bring them within the jurisdiction of the family court pursuant to article three of the family court act, which training program shall be successfully completed before such officers are accredited pursuant to section eight hundred forty-six-h of this chapter.
(k) Development, maintenance and dissemination, in consultation with the department of agriculture and markets, of written policies and procedures pursuant to animal cruelty and protection laws, including, but not limited to, article twenty-six of the agriculture and markets law, section 352.3 of the family court act as it applies to companion animals, and applicable provisions of the penal law, regarding the investigation and prevention of any act of cruelty to animals. The council shall make provisions in such policies and procedures for the education and training in enforcement of such animal cruelty and protection laws.
(l) Exemptions from particular provisions of this article in the case of peace officers appointed by the superintendent of state police if in its opinion the standards of peace officer training provided by the division of state police exceed those established pursuant to this article.
(m) Establishment and implementation on an ongoing basis, of a training program for all current and new police officers and peace officers regarding the policies and procedures established pursuant to paragraph (k) of this subdivision.
2. The council shall promulgate, and may from time to time amend, such rules and regulations prescribing height, weight, physical fitness and psychological requirements for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties.
2-a. The council, in consultation with the state commission of correction, shall promulgate rules and regulations with respect to:
(a) The approval, or revocation thereof, of basic and other correctional training programs administered by municipalities;
(b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved basic and other correctional training programs;
(c) Minimum qualifications for instructors at approved basic and other correctional training programs; and
(d) The requirements of a minimum basic correctional training program required by subdivision nine of section eight hundred thirty-seven-a of this article.
2-b. The council shall promulgate, and may from time to time amend, such rules and regulations concerning background investigations for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties, which shall be incorporated by the law enforcement agency accreditation council as part of the certification process in paragraph (d) of subdivision one of section eight hundred forty-six-h of this chapter.
3. The council shall, in addition: (a) Consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in section eight hundred forty-one of this article;
(b) Recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section;
(c) Visit and inspect any police training school and correctional training programs approved by the commissioner or for which application for such approval has been made;
(d) Make recommendations, from time to time, to the commissioner, the governor and the legislature, regarding the carrying out of the purposes of this section;
(e) Perform such other acts as may be necessary or appropriate to carry out the functions of the council;
(f) Develop, maintain and disseminate, in consultation with the state office for the prevention of domestic violence, written policies and procedures consistent with article eight of the family court act and applicable provisions of the criminal procedure and domestic relations laws, regarding the investigation of and intervention by new and veteran police officers in incidents of family offenses. Such policies and procedures shall make provisions for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(1) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subparagraph three of this paragraph, on a standardized "domestic violence incident report form" promulgated by the division of criminal justice services in consultation with the superintendent of state police, representatives of local police forces and the state office for the prevention of domestic violence, and the investigation thereof so as to ascertain whether a crime has been committed against the victim by a member of the victim's family or household as such terms are defined in section eight hundred twelve of the family court act and section 530.11 of the criminal procedure law; and
(2) the need for immediate intervention in family offenses including the arrest and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the criminal procedure law, and notifying victims of their rights, in their native language, if identified as other than English, in accordance with subparagraph three of this paragraph, including but not limited to immediately providing the victim with the written notice required in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act;
(3) determine, in consultation with the superintendent of state police and the office for the prevention of domestic violence, the languages in which such translation required by subparagraph one of this paragraph, and the notification required by subparagraph two of this paragraph, shall be provided. Such determination shall be based on the size of the New York state population that speaks each language and any other relevant factor. Such written notice required pursuant to subparagraph two of this paragraph shall be made available to all local law enforcement agencies throughout the state. Nothing in this paragraph shall prevent the council from using the determinations made by the superintendent of state police pursuant to subdivision (c) of section two hundred fourteen-b of this chapter;
(f-1) Develop, maintain and disseminate, in consultation with the office of temporary and disability assistance and the division of criminal justice services, written policies and procedures regarding human trafficking victims. Such policies and procedures shall include, but not be limited to the following: (1) the identification of potential victims of human trafficking, as defined under section four hundred eighty-three-aa of the social services law; and (2) information and/or referral to appropriate social and legal services for victims of human trafficking in accordance with section four hundred eighty-three-bb of the social services law;
(g) Develop, maintain and disseminate, in consultation with the state division of human rights and the state civil service department, written policies and procedures to enhance police and correctional officer recruitment efforts and to increase police and correctional officer awareness of racial, ethnic, religious and gender differences, and other diversity issues, in communities served by such police and in correctional facilities;
(h) Consult with the state commission of correction regarding correctional training programs; and
(i) Develop, maintain and disseminate written policies and procedures and educational materials regarding the availability of and procedure for filing extreme risk protection orders under article sixty-three-A of the civil practice law and rules, including the requirements for police officers under section six thousand forty-one of such article, appropriately instruct any agency that employs police or peace officers regarding article sixty-three-A of the civil practice law and rules.
4. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with rape crisis centers experienced in assisting victims in this state, written policies and procedures consistent with applicable provisions of the family court act, domestic relations law, criminal procedure law and the penal law, regarding the investigation of and intervention by new and veteran police officers in crimes involving sexual assault. Such policies and procedures shall make provisions for education and training of new and veteran police officers in the investigation and enforcement of crimes involving sexual assault under state law, including but not limited to:
(1) techniques for interviewing sexual assault victims,
(2) fair treatment standards for crime victims pursuant to article twenty-three of this chapter,
(3) evidence gathering and evidence preservation, and
(4) dissemination of information concerning availability of local services for the victims of such crimes; and
(b) Recommend to the governor, rules and regulations with respect to establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
(c) Disseminate the written policies and procedures promulgated in accordance with subdivision twenty-one of section eight hundred thirty-seven of this article to all police departments in this state and implement a training program for all current and new police officers regarding the policies and procedures established pursuant to such subdivision.
(d)(1) Establish and regularly update a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers.
(2) The model law enforcement use of force policy shall include, but is not limited to:
(i) information on current law as it relates to the use of force by police and peace officers;
(ii) guidelines regarding when use of force is permitted;
(iii) requirements for documenting use of force;
(iv) procedures for investigating use of force incidents;
(v) guidelines regarding excessive use of force including duty to intervene, reporting, and timely medical treatment for injured persons;
(vi) standards for failure to adhere to use of force guidelines;
(vii) training mandates on use of force, conflict prevention, conflict resolution and negotiation, de-escalation techniques and strategies, including, but not limited to, interacting with persons presenting in an agitated condition; and
(viii) prohibited uses of force.
(3) The person in charge of every local police department, local correctional facility, each county sheriff, the superintendent of the division of the state police, the commissioner of the department of corrections and community supervision, and the person in charge of every agency that employs a peace officer in this state shall adopt and implement a use of force policy in the agency of which they are in charge. Such use of force policy shall be consistent with the model law enforcement use of force policy established pursuant to this subdivision, except that such departments, county sheriffs, superintendent, commissioner and agencies that employ a peace officer may impose further and additional restrictions on the use of force, in such use of force policy or otherwise.
(4) The model law enforcement use of force policy and every use of force policy established pursuant to subparagraph three of this paragraph shall be a public document, and shall be made available without charge to any member of the public promptly upon request. Each such current use of force policy shall be conspicuously posted on the public website of the agency that adopted it. Revisions to such use of force policies shall be updated on the agency's public website within seventy-two hours of approval of any amendment.
5. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with the commissioner of the office for people with developmental disabilities, written policies and procedures consistent with section 13.43 of the mental hygiene law, regarding the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities; and
(b) Recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
6. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with the division of human rights and the hate crime task force established pursuant to section two hundred sixteen of this chapter, written policies and procedures regarding the recognition of and response to hate crimes, as defined in article four hundred eighty-five of the penal law. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the recognition of and response to hate crimes; and
(b) Recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers. Such recommended rules and recommendations shall also be submitted to the temporary president of the senate and the speaker of the assembly.
7. The council shall, in addition:
(a) Develop, maintain and disseminate, in collaboration with the office of victim services, a model law enforcement death notification policy setting forth recommended policies and procedures regarding in-person death notifications to a deceased individual's next of kin. Such policies and procedures shall make provisions for education and training of current and new police officers in the planning, preparation, and delivery of in-person death notifications, including but not limited to, policies and procedures for:
(i) the identification of the deceased individual, the collection of accurate information regarding the deceased individual, and the identification of the deceased individual's next of kin; and
(ii) the actual delivery of in-person death notifications to the deceased's next of kin within twenty-four hours following the identification of such individual; provided, however, such policies and procedures shall provide that, in the event that an in-person death notification cannot be provided to the deceased individual's next of kin within such timeframe, the failure or delay of such notification shall be documented and such notification shall instead be made as soon as practicable.
(b) Recommend to the governor rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
(c) Disseminate the model law enforcement death notification policy promulgated in accordance with this subdivision to all police departments in this state and develop a model training program for all current and new police officers regarding the policies and procedures established pursuant to such subdivision.
§ 841. Functions, powers and duties of the commissioner with respect to the council. In addition to the functions, powers and duties otherwise provided by this article, the commissioner shall, with the general advice of the council, and, in the case of subdivisions one, two and three of this section, only in accordance with rules and regulations promulgated by the governor pursuant to section eight hundred forty-two of this article:
1. Approve police training schools administered by municipalities and issue certificates of approval to such schools, and revoke such approval or certificate;
1-a. Approve correctional training programs administered by municipalities and issue certificates of approval to such programs, and revoke such approval or certificate;
2. Certify, as qualified, instructors at approved police training schools and issue appropriate certificates to such instructors;
2-a. Certify, as qualified, instructors at approved correctional training programs and issue appropriate certificates to such instructors;
3. Certify police officers and peace officers who have satisfactorily completed basic training programs and issue certificates to such police officers and peace officers, including the issuance of equivalency certificates for basic training certificates issued to peace officers, where such officers received a certificate for successful completion of a basic training for police officers program or an approved course for state university of New York public safety officers during a period in which such peace officer was not employed as a police officer, upon demonstration of adequate equivalent training, the completion of supervised field training, requisite job-related law enforcement experience as determined by the commissioner, and if deemed necessary, the successful completion of relevant police officer training courses pursuant to section two hundred nine-q of the general municipal law;
3-a. Certify correction officers who have satisfactorily completed basic correctional training programs and issue certificates to such correction officers;
4. Cause studies and surveys to be made relating to the establishment, operation and approval of municipal police training schools and correctional training programs;
5. Consult with and cooperate with municipal police training schools and correctional training programs for the development of advanced in-service training programs for police officers, peace officers, and correction officers and issue appropriate certificates to police officers, peace officers, and correction officers, attesting to their satisfactory completion of such advanced training programs;
6. Consult with and cooperate with universities, colleges and institutes in the state for the development of specialized courses of study for police officers, peace officers, and correction officers in police science, police administration, and criminal justice;
7. Consult with and cooperate with other departments and agencies of the state concerned with police officer and peace officer training;
7-a. Consult with and cooperate with the state commission of correction and other departments and agencies of the state concerned with correction officer training;
7-b. Take such steps as may be necessary to ensure that all police officers and peace officers certified pursuant to subdivision three of this section receive appropriate instruction regarding section 60.49 of the criminal procedure law relating to the introduction of opioid antagonists into evidence in certain cases.
8. Report to the council at each regular meeting of the council and at such other times as may be appropriate; and
9. Prepare, update and distribute to appropriate law enforcement officials the form and content of the written notice required to be given to victims of family offenses pursuant to subdivision five of section eight hundred twelve of the family court act and subdivision six of section 530.11 of the criminal procedure law.
§ 841-a. Security guard advisory council. 1. There is hereby created within the division a security guard advisory council composed of seventeen members who are knowledgeable about the security guard industry. In addition, the council shall include as ex-officio non-voting members, the secretary of state and the commissioner of the division of criminal justice services, or their respective designees. All members shall be residents of the state and shall be selected as follows:
(a) eight shall be appointed by the governor, one of whom shall be a representative of a contractual security company, one of whom shall be a representative of a proprietary security company, one of whom shall be a person actively employed as a security guard for a contractual security company and one of whom shall be a person actively employed as a security guard for a proprietary security company;
(b) three shall be appointed by the governor on the recommendation of the temporary president of the senate;
(c) one shall be appointed by the governor on the recommendation of the minority leader of the senate;
(d) three shall be appointed by the governor on the recommendation of the speaker of the assembly;
(e) one shall be appointed by the governor on the recommendation of the minority leader of the assembly;
(f) one shall be appointed by the governor who shall be a full-time faculty member of a college or university who teaches and whose area of expertise is in the field of security.
2. The governor shall designate from among the members of the council a chairperson and a vice-chairperson who shall each serve at the pleasure of the governor.
3. All members of the council appointed by the governor shall be appointed for terms of three years, such terms to commence on January first, and expire on December thirty-first; provided, however, that of the members first appointed, four shall be appointed for one year terms and four shall be appointed for two year terms. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled in the same manner as original appointments. Any member may be reappointed for additional terms.
4. The council shall meet as frequently as it deems necessary but in no event less than one time in each year. Special meetings may be called by the chairperson and shall be called by him or her at the request of the governor or upon the written request of nine members of the council. The council may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that all recommendations made by the council to the governor pursuant to section eight hundred forty-one-b of this article shall require the affirmative vote of a majority of the council.
5. Membership on the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign powers of the state.
6. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.
7. No member of the council shall be disqualified from holding any public office or employment, nor shall he or she forfeit any such office or employment, by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
§ 841-b. Functions, powers and duties of council. 1. The council shall recommend to the commissioner rules and regulations with respect to:
(a) the approval, or revocation thereof, of security guard training schools and training programs;
(b) minimum courses of study duration, attendance requirements, and equipment and facilities to be required at approved security guard training schools and training programs, taking into account subject matter, the hours each subject is to be taught and special requirements unique to particular assignments, employers and work sites;
(c) minimum qualifications for instructors at approved security guard training schools and training programs; and
(d) the subject matter of all training requirements which security guards and security guard applicants must complete before being registered as unarmed and armed security guards.
2. The council may, in addition:
(a) consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in this section;
(b) recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section;
(c) visit and inspect any security guard training school approved by the commissioner or for which application for such approval has been made;
(d) make recommendations, from time to time, to the commissioner, the governor, the legislature and the secretary of state, with regard to implementation of the purposes of this section and of article seven-A of the general business law; and
(e) perform such other acts as may be necessary or appropriate to carry out the functions of the council.
§ 841-c. Functions, powers and duties of the commissioner with respect to the council. In addition to the functions, powers and duties otherwise provided by this section and article seven-A of the general business law, the commissioner shall, upon the recommendation and with the general advice of the council:
1. prescribe minimum requirements for the eight hours of pre-assignment training; the on-the-job training program to be completed within ninety working days following employment as a security guard; the forty-seven hours of firearms training for a special armed guard registration card; the eight hour annual in-service training course; and the eight hour in-service training course for armed security guards;
2. approve and certify security guard training schools, programs and courses which meet or exceed the minimum requirements prescribed pursuant to subdivision one of this section and issue certificates of approval to such schools, and revoke such approval or certificate provided, however, that the commissioner may permit any such school, program or course in existence on the effective date of this section, to remain in effect for a period of one year following the effective date;
3. certify, as qualified, instructors of security guards and issue appropriate certificates to such instructors;
4. certify security guards or applicants who have satisfactorily completed basic training programs and issue appropriate certificates to such security guards or applicants;
5. cause studies and surveys to be made relating to the establishment, operation and approval of security guard training schools and training programs;
6. consult with and cooperate with approved security guard training schools and programs for the development of advanced in-service training programs for security guards and issue appropriate certificates to security guards, attesting to their satisfactory completion of such advanced training programs;
7. consult with and cooperate with universities, colleges and institutes in the state for the development of specialized courses of study for security guards;
8. consult with and cooperate with other departments and agencies of the state concerned with security guard training;
9. consult with, cooperate with and provide technical assistance to the council and to the department of state on matters concerning security guards;
10. report to the council at each regular meeting of the council and at other such times as may be appropriate;
11. waive the training requirements as specified in article seven-A of the general business law with respect to applicants employed by a security guard company, if the security guard applicant provides appropriate documentation to demonstrate that he or she was or is subject to training requirements which meet or exceed the requirements established pursuant to such article;
12. waive the training requirements as specified in article seven-A of the general business law with respect to applicants employed by a security guard company on a proprietary basis for its own use when such company presents adequate documentation that such training is not directly relevant to the applicant's job responsibilities and such applicant does not, in the course of their employment duties:
(a) wear a uniform or other readily apparent indicia of authority; or
(b) as a requisite of employment, carry a gun, and
(c) have interactions with the public or expend a majority of the time spent in their employment duties in contract with the public; and
13. in consultation with the council, adopt and promulgate any rules and regulations necessary to implement the provisions of this section and sections eight hundred forty-one-a and eight hundred forty-one-b of this article and or article seven-A of the general business law.
§ 841-d. Saving clause. In case it be judicially determined that any phrase, clause, part, paragraph or section of any of the provisions of section eight hundred forty-one-a, eight hundred forty-one-b, or eight hundred forty-one-c of this article is unconstitutional or otherwise invalid, such determination shall not affect the validity or effect of the remaining provisions of the aforementioned sections.
§ 842. Council rules and regulations promulgated by governor. The governor, in his discretion, may adopt and promulgate any or all of the rules and regulations recommended by the council to the governor pursuant to subdivision one of section eight hundred forty. When the governor promulgates any rule or regulation recommended by the council, he shall transmit a certified copy thereof to the secretary of state, in accordance with the requirements of subdivision one of section one hundred two, including a statement as to the effective date of such rules or regulations.
§ 843. Division homepage on the internet. 1. Definitions. For the purposes of this section the following terms shall have the following meanings:
(a) "Internet" shall mean an international computer network of both federal and non-federal interoperable packet switched data networks which users may access through a service provider.
(b) "Homepage" shall mean an individual site or address of a document or file where particular information can be located.
2. The commissioner shall construct, operate and maintain a homepage on the internet for the purpose of providing a mechanism for the wide dissemination of information relating to criminal justice issues.
3. The homepage directed to be created by this section shall include pictures and such other information as the commissioner deems necessary pertaining to missing children who resided in New York at the time of their disappearance or whose parent, parents or legal guardian currently reside in New York state.
4. Such homepage shall also contain pictures and information regarding the ten most wanted criminals in New York state as determined by the superintendent of state police.
5. Such homepage shall also contain the subdirectory maintained pursuant to section one hundred sixty-eight-q of the correction law.
6. The commissioner shall promulgate rules and regulations necessary to carry out the provisions of this section. Such rules and regulations shall include procedures for determining whether issues of confidentiality or constitutionality exist with regard to any information proposed to be included on the homepage created by the division. Where there is a question as to whether the dissemination of certain information by the state would be a violation of confidentiality or of an individual's constitutional rights, such information shall not be included on the division's homepage.
§ 844-b. New York state committee for the coordination of police services to elderly persons. 1. Establishment of the committee. There is hereby established within the division the "New York state committee for the coordination of police services to elderly persons", hereinafter the "committee".
2. Membership of committee. (a) The committee shall consist of a representative of the commissioner, representative of the superintendent of the New York state police, two representatives of the New York state sheriffs association, two representatives of the New York state association of chiefs of police, two representatives of the New York state district attorneys' association, a representative of the attorney general, a representative of the director of the office of victim services, a representative of the director of the state office for the aging, a representative of the commissioner of social services, a representative of the commissioner of the New York city police department, a representative of the New York state crime prevention coalition and two elderly representatives one to be appointed by the temporary president of the senate and the other by the speaker of the assembly. The commissioner shall make appointments to the committee in accordance with nominations submitted by the relevant agencies or organizations. Each member of the committee shall be appointed by the commissioner to serve a two year term. Any member appointed by the commissioner may be reappointed for additional terms. Any vacancies shall be filled in the same manner as the original appointment and vacancies created otherwise than by expiration of term shall be filled for the remainder of that unexpired term.
(b) In the performance of its functions, the committee shall, to the extent possible, solicit the participation and involvement of retired law enforcement personnel.
(c) The representative of the commissioner and the superintendent of the state police shall serve as co-chairpersons of the committee.
(d) Membership of the committee shall not constitute the holding of a public office, and members of the committee shall not be required to take and file oaths of office before serving on the committee.
(e) The members of the committee shall receive no compensation for their services as members.
(f) No member of the committee shall be disqualified from holding any public office or employment, nor shall any member forfeit any employment or office by reason of his or her membership on the committee.
(g) The committee shall meet as often as deemed necessary, but in no event less than two times per year.
3. Duties and responsibilities. The committee shall advise the division, the state police, county sheriffs and other local law enforcement agencies, and senior advocates chosen in consultation with the state office for the aging, in the study and evaluation of effective responses, including "Triad Programs," to the problems of crime against elderly persons. The committee may also consult with experts, service providers and representative organizations engaged in the protection of the elderly and may recommend the development of programs, including "Triad Programs", in the state of New York to assist the elderly to avoid criminal victimization through the coordinated efforts of state and local law enforcement agencies and organizations which provide services for the elderly. The committee may also recommend policies and programs to assist law enforcement agencies to implement such programs, including training and prevention standards and technical assistance. Such recommendations may include the following:
(a) the establishment of statewide and central clearinghouse for information and education materials;
(b) the development of innovative community police programs for the elderly;
(c) providing assistance to the municipal police training council in the development and delivery of training to law enforcement professionals involved in the "Triad Programs" including, but not limited to, the subjects of:
(i) crimes against the elderly and the protection of elderly persons;
(ii) police sensitivity to the needs of elderly persons as victims and witnesses;
(iii) social and human services;
(d) providing assistance to state and local law enforcement officials and to not-for-profit corporations, organizations with respect to effective policies and responses to crimes against elderly persons;
(e) promoting and facilitating cooperation among state agencies and local units of government;
(f) effective advocacy of services to protect elderly persons and elderly victims of crime;
(g) evaluating the relationship between crimes against elderly persons and other problems confronting elderly persons, and making recommendations for effective policy response;
(h) the collection of statistical data and research; and
(i) rules and regulations as may be necessary to carry out the purposes of this section.
3-a. Reports. On or before March first, nineteen hundred ninety-eight and annually thereafter the committee shall report to the temporary president of the senate, the speaker of the assembly, the chair of the assembly committee on aging and the chair of the senate committee on aging, on the incidence of reports of abuse of elderly persons. Such report shall consist of information from reports forwarded to the committee by local law enforcement agencies pursuant to section 140.10 of the criminal procedure law including number of reported incidents, ages of victims and alleged offenders, circumstances of the incident whether arrests were made and the sentence, if any, of the offenders. Such report shall also recommend policies and programs to aid law enforcement agencies, the courts and the New York state office of victim services in efforts to assist elder victims of domestic violence. The report shall also include recommendations designed to assist law enforcement agencies in implementing "Triad Programs".
4. Definition. As used in this section, the term "Triad Program" shall mean the triad cooperative model developed by the American Association of retired Persons, the National Sheriffs' Association and the International Association of Chiefs of Police which calls for the participation of the sheriff, at least one police chief, and a representative of at least one senior citizens' organization within a county and may include participation by general service coalitions of law enforcement, victim service, and senior citizen advocate organizations.
If there is not both a sheriff and a police chief in a county or if the sheriff or a police chief do not participate, a Triad may include in the place of the sheriff or police chief another key law enforcement official in the county such as a district attorney.
§ 845. Central state registry of police officers and peace officers. 1. The division shall collect information to maintain, on a current basis, a registry of all police officers and peace officers in the state. Such registry shall contain, with respect to each officer, his or her name, date of birth, social security number, rank or title, employer, and date of successful completion of training required by section 2.30 of the criminal procedure law and section two hundred nine-q of the general municipal law.
2. (a) Each head of a state or local agency, unit of local government, state or local commission, public authority or other organization which employs police officers or peace officers shall transmit to the division, no later than the fifteenth day of January annually, and in a form and manner prescribed by the division, a list containing the name of every police officer or peace officer employed by his or her agency, government, commission, authority or organization indicating with respect to each officer his or her date of birth, social security number, rank or title, employer, and whether he is employed full-time or part-time. In addition to such annual list, each such head, whenever officers have been newly appointed or have ceased to serve, shall immediately transmit to the division, in a form and manner prescribed by the division, a list containing the names of such officers which, in the instance of new appointees, shall include all the information required to be furnished in the annual listing.
(b) Whenever officers have ceased to serve, each such head shall immediately transmit to the division, in a form and manner prescribed by the division, notification that any such officer has ceased to serve due to a leave of absence, resignation, removal, removal for cause, or removal during a probationary period.
3. (a) The division shall establish rules and regulations to provide for a permanent system of identification for each police and peace officer, which shall include procedures for updating the registry upon an officer's failure to complete required training within the time limitations established in law or regulation.
(b) Such rules and regulations shall also establish procedures, in accordance with the state administrative procedure act, for a process as described in this paragraph. When it shall appear to the commissioner or the commissioner's designee that a notification of the reason such an officer ceased to serve, received by the commissioner pursuant to paragraph (b) of subdivision two of this section, is inaccurate in a material respect, the commissioner shall attempt to resolve such discrepancy by contacting the head of the office that submitted such notification. If such informal efforts do not resolve the discrepancy promptly, the commissioner may issue a notice to such head and the officer who is the subject of such notification of an inquiry into the accuracy of such record. After notice and an opportunity for each to be heard, if the commissioner finds such record to be inaccurate with respect to such matter in a material respect, the commissioner shall provide notice of such determination to each of them and, pursuant to such determination, may correct such record. The commissioner shall maintain a clear documentary record of both the original record and the correction made.
4. Upon the failure or refusal to comply with the requirements of subdivision two of this section, the commissioner may apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
5. The division shall cooperate with the division of state police in making the information in the central registry of police and peace officers available for the purpose of verifying transactions involving firearms.
§ 845-a. Presentment of flags lowered to half-staff in memorial of the death of any police officer or peace officer. In the event the governor orders the flags of the United States and the State of New York to be lowered to half-staff, in memorial of the death of any police officer or peace officer identified in the central state registry of police officers and peace officers established pursuant to section eight hundred forty-five of this article, the commissioner shall, in cooperation with the office of general services, arrange for the procurement of a flag of the United States and a flag of the State of New York, which were flying over the capitol building at the time such flags were lowered to half-staff in compliance with the governor's order. Upon the procurement of such flags, the commissioner, or his or her representative, shall offer the presentment of such flags, without cost, to the person designated to dispose of the remains of the officer, in whose honor such flags were lowered in memorial.
§ 845-b. Requests for criminal history information. 1. Definitions. As used in this section:
(a) "Authorized agency" means a state agency authorized to check criminal history information pursuant to subdivision two of this section.
(b) "Authorized person" means the one individual designated by a provider who is authorized to request, receive and review criminal history information pursuant to this section, except that where the number of applications received by a provider is so great that one person cannot reasonably perform the functions of the authorized person, a provider may designate one or more additional persons to serve as authorized persons pursuant to this section.
(c) "Criminal history information" means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed pursuant to subdivision two of section seven hundred five of the correction law, and which the division is authorized to maintain pursuant to subdivision six of section eight hundred thirty-seven of this article. For the purposes of criminal history information checks authorized pursuant to article twenty-eight-E of the public health law, criminal history information shall also include information from the federal bureau of investigation as a result of a national criminal history record check.
(d) "Subject individual" means a person for whom a provider is authorized to request a check of criminal history information pursuant to subdivision two of this section.
(e) "Provider" means a person or entity authorized to request a check of criminal history information pursuant to subdivision two of this section.
2. Where a provider is authorized or required to request a check of criminal history information by an authorized agency pursuant to section 16.33 or 31.35 of the mental hygiene law, article twenty-eight-E of the public health law or subdivision one of section three hundred seventy-eight-a of the social services law, such provider shall proceed pursuant to the provisions of this section and in a manner consistent with the provisions of article twenty-three-A of the correction law, subdivisions fifteen and sixteen of section two hundred ninety-six of this chapter and all other applicable laws.
3. Procedures for criminal history information check requests by providers. (a) A provider authorized to request a check of criminal history information pursuant to subdivision two of this section shall designate one authorized person who shall request a check of criminal history information on behalf of such provider pursuant to this section and review the results of such check. Only such authorized person or his or her designee and the subject individual to whom such criminal history information relates shall have access to such information; provided, however, that criminal history information received by a provider may be disclosed to other persons who are directly participating in any decision in regard to such subject individual; and provided, further, that such other persons shall also be subject to the confidentiality requirements and all other provisions of this section. In the case of requests made pursuant to article twenty-eight-E of the public health law, only information authorized for disclosure under applicable federal laws shall be transmitted to the provider. Each provider shall specifically identify to the authorized agency in writing, in advance of disclosure, the authorized person and each other such agent or employee of the provider who is authorized to have access to the results of a check of criminal history information pursuant to this section. Any person who willfully permits the release of any confidential criminal history information contained in the report to persons not permitted by this section to receive such information shall be guilty of a misdemeanor.
(b) A provider requesting a check of criminal history information pursuant to this section shall do so by completing a form established for such purpose by the authorized agency in consultation with the division. Such form shall include a sworn statement of the authorized person certifying that:
(i) the person for whose criminal history information a check is requested is a subject individual for whom criminal history information is available by law;
(ii) the specific duties which qualify the provider to request a check of criminal history information;
(iii) the results of such criminal history information check will be used by the provider solely for purposes authorized by law; and
(iv) the provider and its agents and employees are aware of and will abide by the confidentiality requirements and all other provisions of this article.
(c) A provider authorized to request a criminal history information check pursuant to this section may inquire of a subject individual in the manner authorized by subdivision sixteen of section two hundred ninety-six of this chapter. Prior to requesting such information, a provider shall:
(i) inform the subject individual in writing that the provider is authorized or, where applicable, required to request a check of his or her criminal history information and review the results of such check pursuant to this section;
(ii) inform the subject individual that he or she has the right to obtain, review and seek correction of his or her criminal history information under regulations and procedures established by the division;
(iii) obtain the signed, informed consent of the subject individual on a form supplied by the authorized agency which indicates that such person has:
A. been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information;
B. been informed of the reason for the request for his or her criminal history information;
C. consented to such request for a report; and
D. supplied on the form a current mailing or home address.
Upon receiving such written consent, the provider shall receive or obtain two sets of fingerprints of such subject individual pursuant to such regulations as may be necessary to be established by the authorized agency in consultation with the division, and promptly transmit them to the authorized agency.
(d) A subject individual may withdraw his or her application for employment pursuant to this section, without prejudice, at any time before employment is offered or declined, regardless of whether the subject individual or provider has reviewed such subject individual's criminal history information.
4. Procedures for criminal history information checks by authorized agencies. (a) The authorized agency shall pay the processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of this article, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, any fee imposed by the federal bureau of investigation, and shall promptly submit the fingerprints and the processing fee to the division for its full search and retain processing, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, the division shall immediately forward the fingerprints to the federal bureau of investigation for a national criminal history record check. The authorized agency may charge a provider a fee in amount no greater than the fee established pursuant to law by the division for processing such a criminal history information check, in such amounts as may be established by the authorized agency and approved by the director of the division of the budget, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, a fee no greater than any fee imposed by the federal bureau of investigation. Nothing in this section shall prohibit the authorized agency or provider from claiming the cost of such fees and related costs, including administrative costs, as a reimbursable cost under the medical assistance program, Medicare or other payor, to the extent permitted by state and federal law.
(b) The division shall promptly provide requested state criminal history information to the authorized agency and, in accordance with article twenty-eight-E of the public health law, the department of health is authorized also to receive criminal history information from the federal bureau of investigation, after the receipt of a request pursuant to this section if such request is:
(i) made pursuant to a request by an authorized person on behalf of a provider authorized to make such a request pursuant to subdivision two of this section;
(ii) accompanied by the completed form described in this section; and
(iii) accompanied by fingerprints of the subject individual obtained pursuant to this section.
(b-1) The division shall promptly forward a set of the subject individual's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has been convicted of a criminal offense in any state or federal jurisdiction. The division shall forward the results of such nationwide search to the authorized agency in the same form and manner as the criminal history report created and provided by the division pursuant to this section.
(c) Criminal history information provided by the division pursuant to this section shall be furnished only by mail or other method of secure and confidential delivery, addressed to the authorized agency. Such information and the envelope in which it is enclosed, if any, shall be prominently marked "confidential", and shall at all times be maintained by the authorized agency in a secure place.
5. After reviewing any criminal history information provided by the division concerning a subject individual, the authorized agency shall take the following actions:
(a) Where the criminal history information concerning a subject individual reveals a felony conviction at any time for a sex offense, a felony conviction within the past ten years involving violence, or a conviction pursuant to section 260.00, 260.25, 260.32 or 260.34 of the penal law, and in the case of criminal history information obtained pursuant to section twenty-eight hundred ninety-nine-a of the public health law, where the criminal history information concerning a subject individual reveals a conviction at any time of any class A felony; a conviction within the past ten years of any class B or C felony, any class D or E felony defined in article one hundred twenty, one hundred thirty, one hundred fifty-five, one hundred sixty, one hundred seventy-eight or two hundred twenty of the penal law; or any crime defined in section 260.32 or 260.34 of the penal law; or any comparable offense in any other jurisdiction, the authorized agency shall deny or disapprove the application for or renewal of the operating certificate, contract, approval, employment of the subject individual or other authorization to provide services, or direct the provider to deny employment, as applicable, unless the authorized agency determines, in its discretion, that approval of the application or renewal or employment will not in any way jeopardize the health, safety or welfare of the beneficiaries of such services.
(b) Where the criminal history information concerning a subject individual reveals a conviction for a crime other than one set forth in paragraph (a) of this subdivision, the authorized agency may deny the application or renewal, or direct the provider to deny employment of the subject individual, or approve or disapprove the prospective employee's eligibility for employment by the provider, consistent with article twenty-three-A of the correction law.
(c) Where the criminal history information concerning a subject individual reveals a charge for any felony, the authorized agency shall, and for any misdemeanor, the authorized agency may hold the application, renewal or employment in abeyance until the charge is finally resolved.
(d) Prior to making a determination to deny an application or renewal, or directing an employer to deny employment, the authorized agency shall afford the subject individual an opportunity to explain, in writing, why the application should not be denied.
(e) Upon receipt of criminal history information from the division, the authorized agency may request, and is entitled to receive, information pertaining to any crime identified in such criminal history information from any state or local law enforcement agency, district attorney, parole officer, probation officer or court for the purposes of determining whether any ground relating to such crime exists for denying an application, renewal, or employment.
(f) The authorized agency shall thereafter promptly notify the provider concerning whether its check has revealed any criminal history information, and if so, what actions shall or may be taken by the authorized agency and the provider.
(g) Where the authorized agency denies the application for or renewal of an operating certificate, contract, approval or other authorization to provide services, or directs a provider to deny employment of the subject individual on account of the subject individual's criminal history information, the notification by the authorized agency shall include a summary of the criminal history information provided by the division.
(h) Where the authorized agency directs a provider to deny employment based on criminal history information, the provider must notify the subject individual that such information is the basis of the denial.
6. Upon request from an employee who has already been cleared for employment by an authorized agency and who subsequently leaves a particular employer and applies for employment with another, the authorizing agency shall adhere to its previous authorization when the criminal history information is unchanged and the circumstances of employment are substantially similar for the purposes of this section.
7. Any criminal history information provided by the division, and any summary of the criminal history information provided by the authorized agency to an employer pursuant to this section is confidential and shall not be available for public inspection; provided, however, nothing in this subdivision shall prevent an authorized agency or provider from disclosing criminal history information at any administrative or judicial proceeding relating to the denial or revocation of an application, employment, license or registration. Where the authorized agency denies the application for or renewal of an operating certificate, contract, approval or other authorization to provide services, or directs a provider to deny employment of the subject individual, the subject of the criminal history information check conducted pursuant to this section shall be entitled to receive, upon written request, a copy of the summary of the criminal history information provided by the authorized agency to the provider.
8. A provider shall advise the authorized agency when a subject individual is no longer subject to such check. The authorized agency shall inform the division when a subject individual is no longer subject to such check so that the division may terminate its retain processing with regard to such individual. At least once a year, the authorized agency shall be required to conduct a validation of the records maintained by the division, including information obtained from the federal bureau of investigation pursuant to article twenty-eight-E of the public health law and provide such results to the authorized agency for purposes of updating the permanent record of such criminal history information results.
9. Provided that an authorized agency or a provider reasonably and in good faith complies with the provisions of this section, there shall be no criminal or civil liability on the part of and no cause of action for damages shall accrue against any authorized agency, provider or employee thereof on account of, arising out of or relating to criminal history information pursuant to this section, or any act or omission relating to criminal history information pursuant to this section.
10. Fingerprints received by the division pursuant to this section shall be used only to assist the division in providing criminal history information to authorized agencies under this section.
11. An authorized agency or provider authorized to request criminal history information pursuant to this section may temporarily approve an applicant while the results of the criminal history information check are pending, so long as such person does not have unsupervised physical contact with clients, as shall be defined by the authorized agency pursuant to regulation; provided however, that providers subject to the provisions of subdivision ten of section twenty-eight hundred ninety-nine-a of the public health law shall be subject to the supervision requirements provided therein. Such regulation shall recognize the differences in the staffing patterns of various service models and the supervision required to ensure the safety of clients.
12. The authorized agency in consultation with the commissioner shall promulgate any rules and regulations necessary to implement the provisions of this section, which shall include convenient procedures for persons to promptly verify the accuracy of their criminal history information and, to the extent authorized by law, to have access to relevant documents related thereto.
§ 845-c. Criminal history record searches; undisposed cases. 1. When, pursuant to statute or the regulations of the division, the division conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases contained in such criminal history record shall be excluded from such report.
2. For purposes of this section, "undisposed case" shall mean a criminal action or proceeding identified in the division's criminal history record repository, for which there is no record of an unexecuted warrant of arrest, superior court warrant of arrest, or bench warrant, and for which no record of conviction or imposition of sentence or other final disposition, other than the issuance of an apparently unexecuted warrant, has been recorded and with respect to which no entry has been made in the division's criminal history records for a period of at least five years preceding the issuance of such report. When a criminal action in the division's criminal history record repository becomes an undisposed case pursuant to this section, and the action involves class A charges, charges under article one hundred twenty-five of the penal law, or felony charges under article one hundred thirty of the penal law, the division shall notify the district attorney in the county which has jurisdiction. If the district attorney notifies the division that such case is pending and should not meet the definition of an undisposed case, the case shall not be excluded from such report. If the division does not receive a response from the district attorney within six months of providing notice, the case shall be excluded from such report.
3. The provisions of subdivision one of this section shall not apply to criminal history record information: (a) provided by the division to qualified agencies pursuant to subdivision six of section eight hundred thirty-seven of this article, or to federal or state law enforcement agencies, for criminal justice purposes; (b) prepared solely for a bona fide research purpose; or (c) prepared for the internal record keeping or case management purposes of the division.
§ 845-d. Criminal record searches: reports for civil purposes. 1. When, pursuant to statute or the regulations of this division, the division conducts a search of its criminal history records for civil purposes, and returns a report therein, it shall only report any criminal convictions, and any criminal arrests and accompanying criminal actions which are pending.
2. The provisions of subdivision one of this section shall not apply to criminal history records: (a) provided by the division to qualified agencies as defined in subdivision nine of section eight hundred thirty-five of this article; (b) provided to federal or state law enforcement agencies; (c) prepared solely for a bona fide research purpose; or (d) prepared for the internal record keeping or case management purposes of the division.
3. Nothing in this section shall authorize the division to provide criminal history information that is not otherwise authorized by law or that is sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of the criminal procedure law.
* § 846. Programs for the aging. To provide that the interests of the elderly are sufficiently represented in the considerations of the local criminal justice coordinating councils, as may be formed pursuant to the federal omnibus crime control and safe streets act of nineteen hundred sixty-eight, as amended, such councils shall include at least one member who is a representative of persons aged sixty and over.
* NB There are 2 § 846's
* § 846. Programs for the aging. 1. The division, in consultation with the state office for the aging, shall take all necessary and appropriate measures to develop, plan, provide, and implement programs for the protection of persons aged sixty and over, hereafter referred to in this section as elderly persons, from situations and criminal acts which threaten their safety, security, and property, within the resources available to such agencies for such purposes.
2. Pursuant to the requirements of subdivision one of this section, the division, in consultation with the municipal police training council and the New York state committee for the coordination of police services for the elderly, shall develop an in-service training program, designed to address the problems associated with the investigation of crimes against elderly persons, and to reduce the criminal victimization of the elderly and issue an appropriate certificate to such officers attesting to their satisfactory completion of such special training program.
* NB There are 2 § 846's
Section 835. Definitions.
836. Division of criminal justice services; commissioner, organization and employees.
837. Functions, powers and duties of division.
837-a. Additional functions, powers and duties of the division.
837-b. Duties of courts and peace officers.
837-c. Processing requests submitted by police departments.
837-d. Soft body ballistic armor vests for police officers.
837-e. Statewide central register for missing children.
837-f. Missing and exploited children clearinghouse.
837-f-1. Missing vulnerable adults clearinghouse.
837-f-2. Missing adults.
837-g. Livery vehicle safety training program establishment.
837-h. Livery vehicle safety training program; standards; eligibility; reports.
837-i. Uniform parking ticket.
837-j. Parking violations enforcement and disposition program.
837-k. Safe house for children.
837-l. Capital prosecution extraordinary assistance program.
837-m. Reporting duties of law enforcement departments with respect to missing children and vulnerable adults.
837-m*2. Criminal history records search for certain employment, appointments, licenses or permits in the city of New York.
837-n. Criminal history information of caregivers; requirements.
837-o. Search for arson and sex offense conviction records of volunteer firefighter applicants.
837-p. Criminal history records search for certain licenses and registrations in the county of Westchester.
837-q. Payments to Westchester county for policing special parkways.
837-r. Office of sex offender management.
837-s. Search for sex offense conviction records of emergencymedical technician and other first responder applicants.
837-t. Use of force reporting.
837-u. The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annually regarding pretrial release and detention.
837-v. Report of discharge of weapon.
837-v*2. Reporting duties of law enforcement departments with respect to arrest-related deaths.
837-w. Technological viability of microstamping-enabled firearms.
837-w*2. Blue alert system.
837-x. Cooperation with certain out-of-state investigations.
837-x*2. Cooperation with certain out-of-state investigations.
838. Identification of unknown dead and missing persons.
838-a. Maintenance of sexual offense evidence kits.
838-b. Victim's right to notice.
839. Municipal police training council.
840. Functions, powers and duties of council.
841. Functions, powers and duties of the commissioner with respect to the council.
841-a. Security guard advisory council.
841-b. Functions, powers and duties of council.
841-c. Functions, powers and duties of the commissioner with respect to the council.
841-d. Saving clause.
842. Council rules and regulations promulgated by governor.
843. Division homepage on the internet.
844-b. New York state committee for the coordination of police services to elderly persons.
845. Central state registry of police officers and peace officers.
845-a. Presentment of flags lowered to half-staff in memorial of
the death of any police officer or peace officer.
845-b. Requests for criminal history information.
845-c. Criminal history record searches; undisposed cases.
845-d. Criminal record searches: reports for civil purposes.
846. Programs for the aging.
846*2. Programs for the aging.
§ 835. Definitions. 1. "Division" means the division of criminal justice services.
3. "Commissioner" means the commissioner of the division of criminal justice services.
4. "Council" means the municipal police training council.
5. "Federal acts" means the federal omnibus crime control and safe streets act of nineteen hundred sixty-eight, the federal juvenile delinquency prevention and control act of nineteen hundred sixty-eight, and any act or acts amendatory or supplemental thereto.
6. "Municipality" means any county, city, town, park commission, village, or police district in the state.
7. "Police officer" means a member of a police force or other organization of a municipality who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of the state, but shall not include any person serving as such solely by virtue of his occupying any other office or position, nor shall such term include a sheriff, under-sheriff, commissioner of police, deputy or assistant commissioner of police, chief of police, deputy or assistant chief of police or any person having an equivalent title who is appointed or employed by a municipality to exercise equivalent supervisory authority.
7-a. "Police officer," for the purpose of the central state registry, means a person designated as such in subdivision thirty-four of section 1.20 of the criminal procedure law.
7-b. "Peace officer" means a person designated as such in section 2.10 of the criminal procedure law.
8. "Police agency" means any agency or department of any municipality, commission, authority or other public benefit corporation having responsibility for enforcing the criminal laws of the state.
9. "Qualified agencies" means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs' offices, district attorneys' offices, the state department of corrections and community supervision, the department of correction of any municipality, the financial frauds and consumer protection unit of the state department of financial services, the office of professional medical conduct of the state department of health for the purposes of section two hundred thirty of the public health law, the child protective services unit of a local social services district when conducting an investigation pursuant to subdivision six of section four hundred twenty-four of the social services law, the office of Medicaid inspector general, the temporary state commission of investigation, police forces and departments having responsibility for enforcement of the general criminal laws of the state, the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties and the division of forensic services of the Nassau county medical examiner's office when acting within the scope of its law enforcement duties.
10. "Criminal justice function" means the prevention, detection and investigation of the commission of an offense, the apprehension of a person for the alleged commission of an offense, the detention, release on recognizance or bail of a person charged with an offense prior to disposition of the charge, the prosecution and defense of a person charged with an offense, the detention, release on recognizance or bail of a person convicted of an offense prior to sentencing, the sentencing of offenders, probation, incarceration, parole, proceedings in a court subsequent to a judgment of conviction relating thereto and the release of offenders from incarceration.
§ 836. Division of criminal justice services; commissioner, organization and employees. 1. There shall be in the executive department a division of criminal justice services.
2. The head of the division shall be a commissioner, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor by whom he was appointed and until his successor is appointed and qualified. The commissioner shall be the chief executive officer of and in sole charge of the administration of the division. The commissioner shall receive an annual salary to be fixed by the governor within the amount available therefor by appropriation; and he shall be entitled to receive reimbursement for expenses actually and necessarily incurred by him in the performance of his duties.
3. The commissioner may, from time to time, create, abolish, transfer and consolidate bureaus and other units within the division not expressly established by law as he may determine necessary for the efficient operation of the division, subject to the approval of the director of the budget.
4. The commissioner may appoint such deputies, directors, assistants and other officers and employees, committees and consultants as he may deem necessary, prescribe their powers and duties, fix their compensation and provide for reimbursement of their expenses within the amounts appropriated therefor.
5. The commissioner may request and receive from any department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority such assistance, information and data as will enable the division properly to carry out its functions, powers and duties.
6. The principal office of the division shall be in the county of Albany.
7. The functions, powers and duties of the former division of probation and correctional alternatives as established in article twelve of this chapter shall now be considered a function of the division of criminal justice services.
§ 837. Functions, powers and duties of division. The division shall have the following functions, powers and duties:
1. Advise and assist the governor in developing policies, plans and programs for improving the coordination, administration and effectiveness of the criminal justice system;
2. Make recommendations to agencies in the criminal justice system for improving their administration and effectiveness:
3. Act as the official state planning agency pursuant to the federal acts; in accordance therewith, prepare, evaluate and revise statewide crime control and juvenile delinquency prevention and control plans; and receive and disburse funds from the federal government;
4. In cooperation with the state administrator of the unified court system as well as any other public or private agency,
(a) through the central data facility collect, analyze, evaluate and disseminate statistical and other information and data; and
(b) undertake research, studies and analyses and act as a central repository, clearinghouse and disseminator of research studies, in respect to criminal justice functions and any agency responsible for a criminal justice function, with specific attention to the effectiveness of existing programs and procedures for the efficient and just processing and disposition of criminal cases; and
(b-1) collect data and undertake research, studies and analyses of judicial diversion programs including but not limited to the judicial diversion program described in article two hundred sixteen of the criminal procedure law; and
(c) collect and analyze statistical and other information and data with respect to the number of crimes reported or known to police officers or peace officers, the number of persons arrested for the commission of offense, the age of the person or persons arrested, the number of custodial arrests and appearance tickets issued, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence; and where a firearm as defined in section 265.00 of the penal law or machine gun, rifle or shotgun comes into the custody of police officers or peace officers in the course of an investigation of such crime or offense, the make, model type, caliber and magazine or cylinder capacity of any such firearm and whether possession of such firearm by the defendant is licensed or unlicensed and if confiscated at arrest, the style and manufacturer of any ammunition; and
(d) Supply data, upon request, to federal bureaus or departments engaged in collecting national criminal statistics; and
(e) Supply data, including confidential and sealed criminal history record information, for bona fide research purposes. Such information shall be disseminated in accordance with procedures established by the division to assure the security and privacy of identification and information data, which shall include the execution of an agreement which protects the confidentiality of the information and reasonably protects against data linkage to individuals; and
(e-1) Collect demographic data with respect to persons appointed as a police officer, including but not limited to racial and gender characteristics; and
(f) Accomplish all of the functions, powers, and duties set forth in paragraphs (a), (b), (c) and (d) of this subdivision with respect to the processing and disposition of cases involving violent felony offenses specified in subdivision one of section 70.02 of the penal law.
4-a. In cooperation with the state administrator of the unified court system as well as any other public or private agency, collect and analyze statistical and all other information and data with respect to the number of environmental crimes and offenses in violation of articles twenty-seven, thirty-seven and forty, and titles twenty-seven and thirty-seven of article seventy-one of the environmental conservation law reported or known to the department of environmental conservation, the division of state police, and all other police or peace officers, the number of persons arrested for the commission of said violation, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence or monetary penalty levied, or the civil disposition of the offense if such offense was adjudicated by civil means.
4-b. In cooperation with any public or private agency or entity, collect and analyze statistical data and all other information and data with respect to the number of crimes and offenses committed against employees of the city of New York responsible for enforcing certain regulations in such city, while such employees were enforcing or attempting to enforce such regulations and reported or known to any law enforcement agency, the number of persons arrested for the commission of said offenses, the offense for which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence or other penalty levied. For the purposes of this subdivision, an employee of the city of New York responsible for enforcing certain regulations in such city shall mean a traffic enforcement agent or an employee of the department of sanitation who is authorized to issue notices of violation, summons or appearance tickets.
4-c. (a) In cooperation with the chief administrator of the courts as well as any other public or private agency, including law enforcement agencies, collect, maintain, analyze and make public statistical and all other information and data with respect to the number of hate crimes reported to or investigated by the division of state police, and all other police or peace officers, the number of persons arrested for the commission of such crimes, the offense for which the person was arrested, the demographic data of the victim or victims of such crimes including, but not limited to, race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, the demographic data of the person or persons arrested for the commission of such crimes including, but not limited to, race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, the county within which the arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed, including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence imposed. Data collected shall be used for research or statistical purposes only and shall not contain information that may reveal the identity of any individual. The division shall include the statistics and other information required by this subdivision in an annual report submitted to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly codes committee, the chair of the senate codes committee, the attorney general and the chief administrative judge of the office of court administration. Such annual reports shall be a public record.
(b) The division shall promulgate regulations related to the use and collection of a "hate crime demographic data form". The regulations shall address the appropriate methods and timing of collection of the demographic data included in paragraph (a) of this subdivision. The division shall consider the manner of collection which will be most conducive to respecting victims while collecting necessary information that will assist the state in providing adequate victim support services and additional programming to decrease the likelihood of such hate crimes occurring, and best practices for collection of the data. Information disclosed on the hate crime victim demographic data form or the hate crime defendant demographic data form shall be used only to assist the division in complying with paragraph (a) of this subdivision and shall not be used in any administrative or judicial proceeding.
(c) As used in this section, the term "gender identity or expression" shall have the same meaning as defined in paragraph (c) of subdivision four of section 485.05 of the penal law.
5. Conduct studies and analyses of the administration or operations of any criminal justice agency when requested by the head of such agency, and make the results thereof available for the benefit of such agency;
5-a. Undertake to furnish or make available to the district attorneys of the state such supportive services and technical assistance as the commissioner and any one or more of the district attorneys shall agree are appropriate to promote the effective performance of his or their prosecutorial functions.
6. Establish, through electronic data processing and related procedures, a central data facility with a communication network serving qualified agencies anywhere in the state, so that they may, upon such terms and conditions as the commissioner, and the appropriate officials of such qualified agencies shall agree, contribute information and, except as provided in subdivision two of section 306.2 of the family court act, have access to information contained in the central data facility, which shall include but not be limited to such information as criminal record, personal appearance data, fingerprints, photographs, and handwriting samples;
6-a. Upon request, provide an incarcerated individual of the state or local correctional facility, at no charge, with a copy of all criminal history information maintained on file by the division pertaining to such incarcerated individual.
7. Receive, process and file fingerprints, photographs and other descriptive data for the purpose of establishing identity and previous criminal record;
7-a. Receive, process and file orders granting a change of name to persons convicted of a felony subject to the provisions of subdivision two of section sixty-one of the civil rights law;
8. Adopt appropriate measures to assure the security and privacy of identification and information data;
8-a. Charge a fee when, pursuant to statute or the regulations of the division, it conducts a search of its criminal history records and returns a report thereon in connection with an application for employment or for a license or permit. The division shall adopt and may, from time to time, amend a schedule of such fees which shall be in amounts determined by the division to be reasonably related to the cost of conducting such searches and returning reports thereon but, in no event, shall any such fee exceed twenty-five dollars and an additional surcharge of fifty dollars. The comptroller is hereby authorized to deposit such fees into the general fund, provided, however, that the monies received by the division of criminal justice services for payment of the additional surcharge shall be deposited in equal amounts to the general fund and to the fingerprint identification and technology account. Notwithstanding the foregoing, the division shall not request or accept any fee for searching its records and supplying a criminal history report pursuant to section two hundred fifty-one-b of the general business law relating to participating in flight instruction at any aeronautical facility, flight school or institution of higher learning.
8-b. Notwithstanding any other provision of law to the contrary, charge a fee for the provision of agency materials and publications, conferences, criminal history record reviews, legal services, the provision of services to analyze or prepare data that is not prepared in the ordinary course of business, the provision of information in a computerized format, the application for approval and renewal of security guard training schools and the certification and renewal certification of security guard instructors, the service and repair of municipal law enforcement agency equipment and collect reimbursement and other moneys. Such fees shall be reasonably related to the actual costs incurred, including the costs of salaries, computer time, shipping and handling, as appropriate. The comptroller is hereby authorized to deposit such fees into the general fund effective August thirty-first, nineteen hundred ninety-six.
8-c. Notwithstanding the provisions of section one hundred three of the general municipal law, section one hundred seventy-four of the state finance law and any other general, special or local law to the contrary, any officer, board or agency of a political subdivision or state agency authorized to make purchases of materials, equipment or supplies, may make such purchases of statewide automated fingerprint identification system-related materials, equipment or supplies, through the agreement executed between the division and North American Morpho Systems, Inc. Notwithstanding any other law to the contrary, the division shall be authorized to enter into voluntary cost-sharing arrangements with local criminal justice agencies for expanded facsimile services and criminal justice information access through the criminal justice data communications network.
9. Accept, agree to accept and contract as agent of the state, with the approval of the governor, any grant, including federal grants, or any gift for any of the purposes of this article;
10. Accept, with the approval of the governor, as agent of the state, any gift, grant, devise or bequest, whether conditional or unconditional (notwithstanding the provisions of section eleven of the state finance law), including federal grants, for any of the purposes of this article. Any monies so received may be expended by the division to effectuate any purpose of this article, subject to the same limitations as to approval of expenditures and audit as are prescribed for state monies appropriated for the purposes of this article;
11. Enter into contracts with any person, firm, corporation, municipality, or governmental agency;
12. Make an annual report to the governor and legislature concerning its work during the preceding year, and such further interim reports to the governor, or to the governor and legislature, as it shall deem advisable, or as shall be required by the governor;
13. Adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of the functions, powers and duties of the division;
14. Do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
15. Promulgate, in consultation with the superintendent of state police and the state office for the prevention of domestic violence, and in accordance with paragraph (f) of subdivision three of section eight hundred forty of this article, a standardized "domestic violence incident report form" for use by state and local law enforcement agencies in the reporting, recording and investigation of all alleged incidents of domestic violence, regardless of whether an arrest is made as a result of such investigation. Such form shall be prepared in multiple parts, one of which shall be immediately provided to the victim, and shall include designated spaces for: the recordation of the results of the investigation by the law enforcement agency and the basis for any action taken; the recordation of a victim's allegations of domestic violence; the age and gender of the victim and the alleged offender or offenders; and immediately thereunder a space on which the victim may sign and verify such victim's allegations. Such form shall also include, but not be limited to spaces to identify:
(a) what other services or agencies, including but not limited to medical, shelter, advocacy and other supportive services are or have previously been involved with the victim; and
(b) whether the victim has been provided with the written notice described in subdivision five of section eight hundred twelve of the family court act and subdivision six of section 530.11 of the criminal procedure law.
16. Operate a toll-free twenty-four hour telephone number that members of the public may call to obtain information as to resources available to the public to assist in the location and recovery of missing persons. Such toll-free telephone line may be operated by the division as part of the toll-free telephone line established pursuant to section eight hundred thirty-seven-f of this article. Furthermore, all such information relating to the locating and recovery of missing persons may be included on the division homepage established pursuant to section eight hundred forty-three of this article.
17. In consultation with the district attorneys, develop and operate a witness protection program. Within the amounts available by appropriation, such program shall provide assistance to district attorneys in protecting witnesses and victims, including their family members, who may suffer physical or emotional harm, intimidation or retaliatory violence as a result of the cooperation of the witness or victim with law enforcement, with a particular emphasis on vulnerable witnesses and victims, including witnesses to and victims of domestic violence and sexual exploitation and witnesses and victims testifying against violent or dangerous defendants. Such assistance may include, but not be limited to, administrative measures to: (a) facilitate name changes and receipt of new identification documents for witnesses and victims in appropriate cases; and (b) provide a range of protective services, including, when necessary, relocating victims and witnesses, and their family members. The division may enter into contracts with any person, firm, corporation, not-for-profit entity or governmental agency to provide administrative oversight and assistance in the operation of this program, may issue appropriate guidelines and may adopt, amend or rescind any rules and regulations as may be necessary or convenient to the operation of the program. These guidelines and regulations shall include a process by which district attorneys may apply for reimbursement of the costs of providing witness protection services.
18. In cooperation with any public or private agency or entity, undertake to make and furnish an instructional video relating to how sexual predators lure children. The video shall be geared toward parental information and education. The division shall distribute a copy of the video to all public libraries and police departments for public use and viewing.
19. Receive names and other non-clinical identifying information pursuant to section 9.46 of the mental hygiene law; provided, however, any such information shall be destroyed five years after such receipt, or pursuant to a proceeding brought under article seventy-eight of the civil practice law and rules determining that an individual is eligible for a license pursuant to section 400.00 of the penal law and otherwise permitted to possess a firearm.
20. To assist the department of agriculture and markets in developing information about animal cruelty and protection laws pursuant to subdivision forty-eight of section sixteen of the agriculture and markets law.
21. Promulgate a standardized and detailed written protocol that is grounded in evidence-based principles for the administration of photographic array and live lineup identification procedures for police agencies and standardized forms for use by such agencies in the reporting and recording of such identification procedure. The protocol shall address the following topics:
(a) the selection of photographic array and live lineup filler photographs or participants;
(b) instructions given to a witness before conducting a photographic array or live lineup identification procedure;
(c) the documentation and preservation of results of a photographic array or live lineup identification procedure;
(d) procedures for eliciting and documenting the witness's confidence in his or her identification following a photographic array or live lineup identification procedure, in the event that an identification is made; and
(e) procedures for administering a photographic array or live lineup identification procedure in a manner designed to prevent opportunities to influence the witness.
22. (a) Maintain and annually update a list of offenses in states and territories of the United States other than New York that include all of the essential elements of a serious offense as defined by subdivision seventeen of section 265.00 of the penal law, to assist courts, licensing authorities and others in determining which offenses in such other states and territories qualify as a serious offense for purposes of article two hundred sixty-five of the penal law, subdivision seventeen of section 265.00 of the penal law, and subdivision one-a of section 400.00 of the penal law. The division shall append to such list of offenses a disclaimer that such list shall be for informational purposes only and is not intended to be a substitute for the advice of an attorney or counselor-at-law.
(b) Such updated list shall be prominently posted on the website maintained by the division. Each list shall bear the date of posting, and each posted and dated listing shall be separately maintained by the division as a record available to the public. The first list compiled under this subdivision shall be prominently posted by the division no later than nine months after the effective date of this subdivision.
23. (a) In conjunction with the superintendent of the state police, promulgate policies and procedures with regard to standardization of firearms safety training required under subdivision nineteen of section 400.00 of the penal law, which shall include the approval of course materials and promulgation of proficiency standards for live fire training; and
(b) In conjunction with the superintendent of state police, create an appeals board for the purpose of hearing appeals as provided in subdivision four-a of section 400.00 of the penal law and promulgate rules and regulations governing such appeals.
§ 837-a. Additional functions, powers and duties of the division. In addition to the functions, powers and duties otherwise provided by this article, the division shall:
1. Collect and analyze statistical and other information and data with respect to the number of persons charged with the commission of a felony, including, but not limited to, the felony provisions of articles twenty-seven, thirty-seven and forty, and titles twenty-seven and thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, by indictment or the filing of a superior court information, the felony with which the person was charged therein, the county within which the indictment or superior court information was filed, the disposition thereof including, but not limited to, as the case may be, dismissal, acquittal, the offense to which the defendant pleaded guilty, the offense the defendant was convicted of after trial, and the sentence.
2. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly a quarterly report containing the statistics and other information required by subdivision one hereof. The initial report required by this paragraph shall be for the period beginning September first, nineteen hundred seventy-three and ending December thirty-first, nineteen hundred seventy-three and shall be presented no later than January fifteen, nineteen hundred seventy-four. Thereafter, each quarterly report shall be presented no later than thirty days after the close of each quarter.
3. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly, and the minority leader of the assembly a semi-annual report analyzing the processing and disposition of cases covered by the provisions of a chapter of the laws of nineteen hundred seventy-eight relating to the imposition of mandatory sentences of imprisonment and plea bargaining restrictions upon violent felony offenders, second violent felony offenders and persistent violent felony offenders. The report shall assess the effect of such law on the ability of the criminal justice system to deal with violent crime, and its impact on the resources of the criminal justice system, and shall make recommendations for any changes in such law which may be necessary to accomplish its objectives. The initial report required by this subdivision shall be for the period beginning September first, nineteen hundred seventy-eight and ending February twenty-eight, nineteen hundred seventy-nine and shall be presented no later than April first, nineteen hundred seventy-nine. Thereafter, each semi-annual report shall be presented no later than thirty days after the close of the six-month period.
4. Collect, analyze and maintain all reports, statements and transcripts forwarded to the division concerning the reasons for imposition of a sentence other than an indeterminate sentence of imprisonment upon an armed felony offender as defined in subdivision forty-one of section 1.20 of the criminal procedure law; the reasons for the removal of an action involving a juvenile offender, as defined in subdivision forty-two of section 1.20 of the criminal procedure law, to the family court; and the reasons for a finding that a youth who has been convicted of an armed felony offense is to be treated as a youthful offender. Such reports, statements and transcripts shall be made available for public inspection except that in the case of a juvenile offender or a youthful offender, those portions which identify the offender shall be deleted. The commissioner may promulgate such rules and regulations with respect to the form of such reports, statements and transcripts.
5. Make certain that such statistical information relating to the commission of offenses in violation of article twenty-seven, thirty-seven or forty, or title twenty-seven or thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, is included and becomes a part of any and all published statistical studies on the occurrence of crime in this state or crime dispositions by the courts of this state or incarcerations in the correctional facilities of this state.
6. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly an annual report analyzing the disposal of property forfeited pursuant to the provisions of article thirteen-A of the civil practice law and rules and article four hundred eighty of the penal law. The initial report required by this subdivision shall be for the period beginning November first, nineteen hundred ninety and ending May thirty-first, nineteen hundred ninety-one and shall be presented no later than July first, nineteen hundred ninety-one. Thereafter, each annual report shall be presented no later than February first. The commissioner may promulgate rules and regulations with respect to the form of such report.
7. Contract with an organization having substantial knowledge and experience in the prosecution of serious criminal matters for the development and provision of continuing legal education, training, advice and assistance for prosecutors in the prosecution of capital cases and hate crimes.
8. Present to the governor, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly an annual report about the function and effectiveness of the Gun Involved Violence Elimination (GIVE) program. Such report shall include, but not be limited to, crime data obtained, analyzed and used by each Gun Involved Violence Elimination (GIVE) partnership in participating counties and affected municipalities including the number of arrests made by law enforcement as a direct result of the Gun Involved Violence Elimination (GIVE) program including any available demographic information about the persons arrested and prosecuted and the disposition of such matters, and any other information related to the program's effectiveness in reducing crime. Such report shall also include information about crime reduction strategies developed by Gun Involved Violence Elimination (GIVE) partnerships, the number of state police and department of corrections and community supervision personnel participating in Gun Involved Violence Elimination (GIVE) activities, and a description of training supplied to local Gun Involved Violence Elimination (GIVE) participants. The initial report required by this paragraph shall be presented by December thirty-first, two thousand six. Thereafter, an annual report shall be presented no later than December thirty-first of each year.
9. In consultation with the state commission of correction and the municipal police training council, establish and maintain basic and other correctional training programs for such personnel employed by correctional facilities as the commissioner shall deem necessary. Such basic correctional training program shall be satisfactorily completed by such personnel prior to their undertaking their duties or within one year following the date of their appointment or at such times as the commissioner may prescribe. Provided, however, the commissioner may, after consultation with the state commission of correction, exempt from such requirement personnel employed by any correctional facility which, in the opinion of the commissioner, maintains a basic correctional training program of a standard equal to or higher than that established and maintained by the division; or revoke in whole or in part such exemption, if in his or her opinion the standards of the basic correctional training program maintained by such facility are lower than those established pursuant to this article.
§ 837-b. Duties of courts and peace officers. 1. It is hereby made the duty of the state administrator of the unified court system; and of every sheriff, county or city commissioner of correction and head of every police department, state, county, or local, and also railroad, steamship, park, aqueduct and tunnel police and town constables, of every district attorney, of every probation agency; and of head of every institution or department, state, county and local, dealing with criminals and of every other officer, person or agency, dealing with crimes or criminals or with delinquency or delinquents, to transmit to the commissioner not later than the fifteenth day of each calendar month, or at such times as provided in the rules and regulations adopted by the commissioner, such information as may be necessary to enable him to comply with subdivision four of section eight hundred thirty-seven. Such reports shall be made upon forms which shall be supplied by the commissioner.
2. Such officers and agencies shall install and maintain records needed for reporting data required by the commissioner and shall give him or his accredited agents access to records for the purpose of inspection.
3. For every neglect to comply with the requirements of this section, the commissioner may apply to the supreme court for an order directed to such person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
§ 837-c. Processing requests submitted by police departments. a. As used in this section, the term "police department" means any police department or sheriff's office of this state or any of its political subdivisions.
b. The police department may forward and the division shall receive, process and, subject to subdivision e of this section, retain fingerprints and such descriptive data as the division may require of persons applying for employment with such department.
c. It shall be the duty of the division to forward to the police department any arrest record involving any person described in subdivision b of this section.
d. It shall be the duty of the police department to notify the division if an applicant for employment by the police department has not been hired, or an employee has died, resigned, retired or been dismissed.
e. Upon receiving notification in accordance with subdivision d of this section, the division shall either return to the police department or destroy all documents forwarded to it pursuant to subdivision b of this section.
§ 837-d. Soft body ballistic armor vests for police officers. 1. As used in this section, the following terms have the following meanings:
(a) "Eligible police officer" means a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law whose regular duties are such as the commissioner determines may expose the officer to serious physical injury which may result in death or disability;
(b) "Vest" means a soft body ballistic armor vest;
(c) "Municipal corporation" means a county, city, town, village or police district;
(d) "Public authority" means an independent autonomous public corporation created by special act of the legislature;
(e) "Public benefit corporation" means a corporation organized to construct or operate a public improvement wholly within the state;
(f) "State agency" means a department, board, bureau, commission, agency or other division of state government;
(g) "Applicant" means a state agency, municipal corporation, public authority, public benefit corporation, or the highest official thereof.
2. An applicant which is authorized to and employs police officers may apply to the commissioner for reimbursement of funds expended for the purchase of vests for eligible police officers.
3. Reimbursement shall be made only for vests which at the time of purchase meet or exceed the minimum standards and specifications in effect on that date as prescribed by rules and regulations promulgated pursuant to subdivisions six and six-a of this section, and shall be limited to the total amount appropriated for such purpose. Reimbursement for any vest shall not exceed an amount which in the judgment of the commissioner would be the cost of a vest conforming to minimum standards and specifications in effect at the time the vest was purchased. Selection of vests shall be a determination to be made by the applicant in accordance with rules and regulations promulgated by the commissioner. Such rules and regulations shall provide that, subject to the provisions of subdivisions six and six-a of this section, the applicant may select from a range of vests including those commonly known or classified as type I, type II-A, type II or type III-A in such standard classification systems as the national institute of justice standards for ballistic resistance of police body armor.
4. The commissioner shall require any applicant seeking reimbursement for vests to apply for any available federal funds. Any applicant failing to do so shall not be entitled to reimbursement under this section. The commissioner may waive such failure for good cause. The commissioner shall maintain a public record of all such waivers and the reasons therefor. Reimbursement may be withheld pending the determination of an application for federal funds.
4-a. An applicant for reimbursement pursuant to this section shall report the name of each eligible police officer for whom reimbursement is sought. The applicant shall report whether such eligible police officer or officers have, at any time during the ten years immediately preceding the application for reimbursement, been provided with any other vest for which reimbursement pursuant to this section was provided, the date of any such prior reimbursement and any other information that the commissioner may require for accurate record-keeping and accountability and for evaluation of performance, wear and officer use of vests.
5. The amount of any reimbursement authorized to be made pursuant to subdivision three of this section shall be reduced by the amount of any federal funds granted to the applicant for the purpose of purchasing vests, and by the amount of any other funds received directly or indirectly for that purpose by the applicant.
6. The commissioner shall promulgate regulations prescribing standards and specifications for vests and procedures for vest selection by and reimbursement to applicants. In promulgating such regulations, the commissioner shall give due consideration to:
(a) the maximum total weight of a vest which provides adequate protection against ballistic penetration and trauma, and which may be worn in comfort throughout an eight hour tour of duty;
(b) the ballistic specifications which the vest or any part thereof must be capable of defeating which shall include, but not be limited to, the ballistic specifications of any firearms considered to be standard issue to eligible police officers;
(c) the testing procedures appropriate to determining the effectiveness of such vests;
(d) the labeling requirements for the vests and component parts thereof; and
(e) the commercial availability of conforming vests.
6-a. In the evaluation of an application for reimbursement, the commissioner shall, at the request of the applicant, give consideration to the ballistic specifications of any firearm or firearms considered by the applicant to be standard issue to its police officers.
7. The contract specifications for bid for the sale of vests shall require that a certificate of insurance evidencing that liability insurance providing a minimum coverage of at least five hundred thousand dollars per occurrence for injury or death suffered as a result of a defect in the manufacture shall be and remain in effect for the projected life of any vest purchased.
8. Neither the state nor the applicant or any employee thereof shall be liable to a police officer or officer's heirs, executors, administrators or assigns, for the death of or injury to the officer resulting from any defect or deficiency in a vest for which reimbursement is made pursuant to this section.
9. A police officer who suffers an injury or death as a result of the officer's failure to wear a vest for which reimbursement is made pursuant to this section, and officer's heirs, executors, administrators or assigns shall not suffer any loss or be denied any benefit or right to which they are otherwise entitled; provided, however, that nothing contained herein shall prevent the officer from being subject to a disciplinary proceeding for failure to obey a lawful order of a superior officer requiring the officer to wear a vest.
10. Nothing contained in this section shall be construed to prohibit an applicant from expending its own funds for vests in amounts exceeding the established state reimbursement limitations.
11. The commissioner is authorized to promulgate rules and regulations to provide for the orderly effectuation of the provisions of this section.
12. The commissioner shall establish and maintain a record containing the name of each eligible police officer who receives a vest for which reimbursement has been provided pursuant to this section, the applicant to whom reimbursement for such vest is provided, the date on which such reimbursement was provided and any other information that the commissioner may require for accurate record-keeping and accountability and for evaluation of performance, wear and officer use of vests.
13. Nothing in this section shall be deemed to supersede the provisions of section three of chapter eight hundred seventy-six of the laws of nineteen hundred eighty applicable to members of the division of state police or to alter a valid labor-management agreement covering employees of the state serving in police officer positions in the security services negotiating unit established pursuant to article fourteen of the civil service law which is in effect on the effective date of this section.
§ 837-e. Statewide central register for missing children. 1. There is hereby established through electronic data processing and related procedures, a statewide central register for missing children which shall be compatible with the national crime information center register maintained pursuant to the federal missing children act of nineteen hundred eighty-two. As used in this article, the term missing child shall mean any person under the age of eighteen years, or any youth, under the age of twenty-one years, that the office of children and family services or a local department of social services has responsibility for placement, care, or supervision, or who is the subject child of a child protective investigation, or is receiving preventive services or services under section 477 of the Social Security Act, or has run away from foster care, where such office or department has reasonable cause to believe that such youth is, or is at risk of being, a sex trafficking victim, who is missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so.
1-a. (a) Upon the entry of a report of a missing child born in New York into the register, the division shall notify the commissioner of the state department of health or if the child was born in the city of New York, the commissioner of the New York city department of health, of such entry and shall provide such commissioner with information concerning the identity of the missing child and request that the birth certificate record of such child be flagged in accordance with section four thousand one hundred of the public health law.
(b) If the division has reason to believe that a missing child has at any time been enrolled in a New York school, it shall notify the last known school at which time the school shall flag the missing child's schooling record in accordance with section three thousand two hundred twenty-two of the education law. If the division has reason to believe that a child who is listed as a missing child is currently enrolled in and attending a New York school, it shall notify the school and upon receiving notification, such school shall immediately notify the statewide central register for missing children within the division of criminal justice services.
(c) Upon learning of the recovery of any missing child whose birth certificate record or schooling record has been flagged as the result of notification made pursuant to this subdivision, the division shall so notify the state commissioner of health or if the child was born in the city of New York, the commissioner of the New York city department of health, and the school as appropriate.
1-b. The division shall transmit the report of the missing child to the National Missing and Unidentified Persons System (NamUs) no later than thirty days after entry of a report of a missing child into the register whenever circumstances indicate that the missing child may be at immediate risk of death or injury, or may be a match to a record maintained in the NamUs unidentified person database and within one hundred eighty days in any other case.
2. The following may make inquiries to determine if any entries in the register or in the national crime information center register could match the subject of the inquiry:
(a) a police or criminal justice agency investigating a report of a missing or unidentified child, whether living or deceased; and
(b) the agency licensing, certifying or registering a family day care home, day care center or head start program funded pursuant to Title V of the Federal Economic Opportunity Act of nineteen hundred sixty-four as amended, when an operator or director of such program has reasonable cause to believe that a child in attendance at the home, center or program may be a missing person provided, however, that upon notification that such child appears to match a child registered herein such agency shall immediately notify such operator or director to contact an appropriate local criminal justice agency; and
(c) a district attorney or a county medical examiner or coroner upon a showing that information contained in the register may be necessary for the determination of an issue regarding a missing or unidentified child; and
(d) an authorized agency or state official pursuant to subdivision seven of section three hundred seventy-two of the social services law; and
(e) a superintendent of schools or his authorized representative pursuant to paragraph a of subdivision two of section three thousand two hundred twelve of the education law. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph.
3. The central register shall contain all available identifying data of any child including, but not limited to, fingerprints, blood types, dental information, and photographs subject to the following conditions:
(a) Except as provided for in paragraph (c) of this subdivision and in section eight hundred thirty-seven-f of this article, the data contained in the register shall be confidential.
(b) Any person who knowingly and intentionally permits the release of any data and information contained in the central register to persons or agencies not permitted by this title shall be guilty of a class A misdemeanor.
(c) Such data may be made available only to:
(i) a police or criminal justice agency investigating a report of a missing child or unidentified child, whether living or deceased;
(ii) the public at large, to expedite the finding of a missing child, when the parent or legal guardian of such a child provides written authorization to the investigating police department for the release of such data except when, according to such department, the release of such data would jeopardize the investigation or the safety of the child. When such department deems the release of such data to be appropriate, it shall transmit such written authorization to the division; and
(iii) any qualified person engaged in bona fide research when approved by the commissioner, provided that the researcher in no event disclose information tending to identify the child or his or her family or caregiver.
4. The commissioner shall promulgate rules and regulations:
(a) insuring the timeliness, completeness and confidentiality of the data contained in the register;
(b) prescribing the manner in which entries to the register shall be made and updated as the investigation progresses;
(c) prescribing the form and manner in which entries and inquiries to the register and notices to other agencies and entities shall be made and processed;
(d) insuring that criminal justice agencies and agencies defined by subdivision seven of section three hundred seventy-two of the social services law making inquiries to the register will be promptly informed if any entries in the statewide central register or in the national crime information center register could match the subject of the inquiry;
(e) insuring the proper disposition of all obsolete register data, provided however that such data for a person who has reached the age of eighteen and remains missing shall be preserved;
(f) linking the register with the national crime information center register; and
(g) establishing procedures for transmitting reports of missing children and adults to the National Missing and Unidentified Persons System (NamUs) pursuant to subdivision one-b of this section and section eight hundred thirty-seven-f-two of this article.
5. The division shall not charge a fee for inquiries made pursuant to this section.
6. When a person previously reported missing has been found alive and there is no ground for criminal action, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other criminal justice agency shall purge and destroy identifying material contained in such records and documents with respect to such person which are made and maintained pursuant to this section and shall report to the division that the person has been found and that the identifying materials contained in such records and documents have been so purged or destroyed. After receiving such a report, the division shall purge identifying material contained in such records with respect to such person and/or destroy any identifying material contained in documents which are maintained pursuant to this section.
§ 837-f. Missing and exploited children clearinghouse. There is hereby established within the division a missing and exploited children clearinghouse to provide a comprehensive and coordinated approach to the tragic problems of missing and exploited children. In addition to the activities of the statewide central register for missing children, the commissioner shall be authorized to:
1. Plan and implement programs to ensure the most effective use of federal, state and local resources in the investigation of missing and exploited children;
2. Exchange information and resources with other states, and within New York state, concerning missing and exploited children;
3. Establish a case data base which will include nonidentifying information on reported children and facts developed in the phases of a search, and analyze such data for the purposes of: assisting law enforcement in their current investigations of missing and exploited children, developing prevention programs and increasing understanding of the nature and extent of the problem; and share the data and analysis on a regular basis with the National Center for Missing and Exploited Children;
4. Disseminate a directory of resources to assist in the locating of missing children;
5. Cooperate with public and private schools and organizations to develop education and prevention programs concerning child safety for communities, parents and children;
6. Provide assistance in returning recovered children who are located out-of-state;
7. By January first, nineteen hundred eighty-seven arrange for the development of a curriculum for the training of law enforcement personnel investigating cases involving missing and exploited children;
8. Assist federal, state and local agencies in the investigation of cases involving missing and exploited children;
9. Utilize available resources to duplicate photographs and posters of children reported as missing by police and with consent of parents, guardians or others legally responsible, disseminate this information throughout the state;
10. Beginning on January first, nineteen hundred eighty-seven, disseminate, on a regular basis, a bulletin containing information on children in the missing children's register to the state education department which shall then forward such bulletin to every public and private school where parents, guardians or others legally responsible for such children have given consent;
10-a. (a) By November first, nineteen hundred ninety-seven prescribe general guidelines to enable the state legislature and state agencies to assist in the location and recovery of missing children. The guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining to missing children including but not limited to biographical data and pictures, sketches or other likenesses may be included in stationery, newsletters and other written or electronic printings;
(ii) appropriate sources from which such materials and information may be obtained;
(iii) the procedures by which such materials and information may be obtained; and
(iv) any other matter the clearinghouse considers appropriate.
(b) By January first, nineteen hundred ninety-eight arrange for the transmission of biographical information and pictures, sketches or other likenesses of missing children to state agencies, departments and the legislature to use in printings.
11. Operate a toll-free twenty-four hour hotline for the public to use to relay information concerning missing children;
12. Submit an annual report to the governor and legislature regarding the activities of the clearinghouse including statistical information involving reported cases of missing children pursuant to section eight hundred thirty-seven-m of this article and a summary of the division's efforts with respect to the use of monies from the missing and exploited children clearinghouse fund created pursuant to section ninety-two-w of the state finance law; and
13. Take such other steps as necessary to assist in education, prevention, service provision and investigation of cases involving missing and exploited children.
14. (a) In consultation with the division of state police and other appropriate agencies, develop, and regularly update and distribute, model missing child prompt response and notification plans, which shall be available for use, in their discretion, as appropriate, by local communities and law enforcement personnel. Such plans shall involve a pro-active, coordinated response, planned in advance, that may be promptly triggered by law enforcement personnel upon confirmation by a police officer, peace officer or police agency of a report of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this article.
(b) Such plans shall, at a minimum, provide that:
(i) the name of such missing child, a description of the child and other pertinent information may be promptly dispatched over the police communication system, pursuant to subdivision three of section two hundred twenty-one of this chapter;
(ii) such information may be immediately provided orally, electronically or by facsimile transmission to one or more radio stations and other broadcast media outlets serving the community including, but not limited to, those which have voluntarily agreed, in advance, to promptly notify other such radio stations and other broadcast media outlets in like manner;
(iii) such information may be immediately provided by electronic mail message to one or more internet service providers and commercial mobile service providers serving the community including, but not limited to, those which have voluntarily agreed, in advance, to promptly notify other such internet service providers in like manner;
(iv) participating radio stations and other participating broadcast media outlets serving the community may voluntarily agree to promptly broadcast a missing child alert providing pertinent details concerning the child's disappearance, breaking into regular programming where appropriate;
(v) participating internet service providers and commercial mobile service providers serving the community may voluntarily agree to promptly provide by electronic mail message a missing child alert providing pertinent details concerning the child's disappearance;
(vi) police agencies not connected with the basic police communication system in use in such jurisdiction may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched, in conformity with the orders, rules or regulations governing the system; and
(vii) no dispatch or transmission of a report concerning a missing child shall be required by such plan if the investigating police department advises, in its discretion, that the release of such information may jeopardize the investigation or the safety of the child, or requests forbearance for any reason.
(c) The commissioner shall also designate a unit within the division that shall assist law enforcement agencies and representatives of radio stations, broadcast media outlets, internet service providers and commercial mobile service providers in the design, implementation and improvement of missing child prompt response and notification plans. Such unit shall make ongoing outreach efforts to local government entities and local law enforcement agencies to assist such entities and agencies in the implementation and operation of such plans with the goal of implementing and operating such plans in every jurisdiction in New York state.
(d) The commissioner shall also maintain and make available to appropriate state and local law enforcement agencies up-to-date information concerning technological advances that may assist in facilitating the recovery of missing children. Such information shall include, but not be limited to, technology using computer assisted imaging to "age enhance" photographs of missing children, and technology that may be used to enter such photographs and other pertinent information concerning missing children into a database accessible to appropriate officials and persons.
§ 837-f-1. Missing vulnerable adults clearinghouse. There is hereby established within the division a missing vulnerable adults clearinghouse to provide a comprehensive and coordinated approach to the problem of missing vulnerable adults.
1. For purposes of this section:
(a) "Vulnerable adult" shall mean an individual eighteen years of age or older who has a cognitive impairment, mental disability, or brain disorder and whose disappearance has been determined by law enforcement to pose a creditable threat of harm to such missing individual.
(b) "Missing vulnerable adult alert" shall mean a method to disseminate information regarding a missing vulnerable adult to the general public in a manner consistent with paragraph (n) of subdivision two of this section.
2. The commissioner shall be authorized to:
(a) plan and implement programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults;
(b) disseminate a directory of resources to assist in locating missing vulnerable adults;
(c) cooperate with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults;
(d) assist federal, state, and local agencies in the investigation of cases involving missing vulnerable adults;
(e) utilize available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminate this information throughout the state;
(f) provide assistance in returning missing vulnerable adults who are located out of state;
(g) develop a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults;
(h) operate a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults;
(i) establish a case database that shall include non-identifying information on reported missing vulnerable adults and facts developed in the phases of a search; and analyze such data for the purposes of assisting law enforcement in their current investigations of missing vulnerable adults, developing prevention programs and increasing understanding of the nature and extent of the problem;
(j) prescribe general guidelines to enable state agencies to assist in the location and recovery of missing vulnerable adults. The guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining to missing vulnerable adults, including, but not limited to, biographical data and pictures, sketches, or other likenesses, may be included in stationary, newsletters, and other written or electronic printings, provided such guidelines are consistent with paragraph (n) of this subdivision;
(ii) appropriate sources from which such materials and information may be obtained;
(iii) the procedures by which such materials and information may be obtained; and
(iv) any other matter the clearinghouse may deem important;
(k) maintain and make available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults;
(l) take such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults;
(m) (i) In consultation with the division of state police and other appropriate agencies, develop, regularly update, and distribute model missing vulnerable adult prompt response and notification plans. Such plans shall be available for use by local communities and law enforcement personnel, and shall involve a proactive, coordinated response that may be promptly triggered by law enforcement personnel upon confirmation by a police officer, peace officer, or police agency of a report of a missing vulnerable adult, as defined in subdivision one of this section.
(ii) Such plans shall, at a minimum, provide that: (A) the name of the missing vulnerable adult, a description of the missing individual, and other pertinent information may be promptly dispatched over the police communication system pursuant to subdivision three of section two hundred twenty-one of this chapter; (B) such information may be immediately provided, in a manner consistent with paragraph (n) of this subdivision, both (1) orally, electronically, or by facsimile transmission to one or more radio stations and other broadcast media outlets serving the community including, but not limited to, those who have voluntarily agreed in advance to promptly notify other such radio stations and broadcast media outlets in like manner and (2) by electronic mail message to one or more internet service providers and commercial mobile service providers serving the community including, but not limited to, those which have voluntarily agreed in advance to promptly notify other such internet service providers in like manner; (C) participating radio stations and other participating broadcast media outlets serving the community may voluntarily agree to promptly broadcast a missing vulnerable adult alert providing pertinent details concerning the missing vulnerable adult's disappearance, breaking into regular programming where appropriate; (D) participating internet service providers and commercial mobile service providers serving the community may voluntarily agree to promptly provide by electronic mail message a missing vulnerable adult alert providing pertinent details concerning the missing vulnerable adult's disappearance; (E) police agencies not connected with the basic police communication system in use in such jurisdiction may transmit such information to the nearest or most convenient electronic entry point, from which point it may be promptly dispatched in conformity with the orders, rules, or regulations governing the system; (F) a statewide response may be initiated as soon as the division deems it is necessary to find the missing vulnerable adult. Such a plan may not require the issuance of an alert if the investigating police department, in its discretion, advises that the release of such information may jeopardize the investigation or the safety of the missing vulnerable adult or the investigating police department requests forbearance for any reason.
(iii) The commissioner shall also designate a unit within the division that shall assist law enforcement agencies and representatives of radio stations, broadcast media outlets, internet service providers, and commercial mobile service providers in the design, implementation, and improvement of missing vulnerable adult response and notification plans. Such unit shall make ongoing outreach efforts to local government entities and local law enforcement agencies to assist such entities and agencies in the implementation and operation of such plans with the goal of implementing and operating such plans in every jurisdiction in New York state.
(n) disseminate specific medical information about a missing vulnerable adult to the extent that such medical information indicates a physical quality or behavioral trait that is readily apparent and contributes to a physical or behavioral description of the missing vulnerable adult, provided that more extensive information relating to the missing vulnerable adult's medical diagnosis and condition may be provided to law enforcement personnel as needed.
3. The commissioner shall submit an annual report to the governor and legislature regarding the activities of the missing vulnerable adults clearinghouse, including statistical information involving reported cases of missing vulnerable adults and a summary of the division's efforts with respect to the activities authorized under subdivision two of this section.
§ 837-f-2. Missing adults. In the event that a police agency receives a report that an adult person is missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by an individual whose relationship with such adult person would place such individual in a position to have knowledge of his or her whereabouts, and that such missing adult person has a proven disability, or may be in physical danger, or is missing after a catastrophe, or may have disappeared involuntarily, or is missing under circumstances where there is a reasonable concern for his or her safety; and such missing adult person does not qualify as either a missing child pursuant to section eight hundred thirty-seven-e of this article or a vulnerable adult pursuant to section eight hundred thirty-seven-f-1 of this article, the police agency shall collect information necessary to file an electronic report regarding the missing adult person with the national crime information center register and submit such electronic report to the national crime information center register.
The division shall transmit the report of the missing adult to the National Missing and Unidentified Persons System (NamUs) within thirty days after entry of a report of a missing adult into the register whenever circumstances indicate that the missing adult may be at immediate risk of death or injury, or may be a match to a record maintained in the NamUs unidentified person database and within one hundred eighty days in any other case.
§ 837-g. Livery vehicle safety training program establishment. There is hereby created within the division a livery vehicle safety program, to be administered by the commissioner, to distribute funds to provider agencies for the provision of program services to eligible drivers of livery vehicles.
§ 837-h. Livery vehicle safety training program; standards; eligibility; reports. 1. The commissioner, in consultation with the division of state police and the local licensing authority as defined in section six hundred twenty-one of this chapter, shall promulgate rules and regulations necessary for the efficient operation of a livery vehicle safety training program. Such rules and regulations issued, adopted or amended must at a minimum provide:
(a) the development of a training program curriculum which includes instruction on:
(i) methods to maximize personal safety, including information on available equipment and technologies;
(ii) effective passenger management and communications skills;
(iii) vehicular and pedestrian safety, including a review of the applicable provisions of the vehicle and traffic law; and
(iv) any other subject relevant to the public health and safety in the operation of livery vehicles;
(b) the procedure by which the provider agencies make application to receive funding to operate a program and the form of the application;
(c) the procedure by which provider agencies report to the commissioner regarding the provision of program services and the form of the report;
(d) the procedure for periodic monitoring and evaluation of the livery vehicle safety training program.
2. Each provider agency shall prepare a plan, to be approved by the commissioner, for the provision of program services to eligible drivers. Such plan shall include, at a minimum, the nature of the services to be rendered, how the services comply with the developed curriculum, the cost associated with rendering such services and a description of how the services will enhance livery vehicle safety. For the purposes of this section the term "provider agency" shall mean a county, municipal, local unit of government or a college or a university or a law enforcement agency or a not-for-profit entity.
3. Each provider agency shall furnish the commissioner a written report in a format and at a time to be determined by the commissioner, subject to standards promulgated pursuant to this section which shall, at a minimum contain:
(a) a description of how the assistance provided, in accordance with the program established herein, enhanced livery vehicle services; and
(b) the nature and costs of program services provided.
4. For the purposes of this section the term "livery vehicle" shall have the same meaning as the term "livery", as defined in section six hundred twenty-one of this chapter.
5. Nothing contained in this section shall impose liability upon the division or the state for death, injury or loss incurred by a driver by reason of that driver having participated in the livery vehicle safety training program.
§ 837-i. Uniform parking ticket. 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traffic law relating to parking violations. Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thirty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.
2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limited to, the parking tickets issued, the dispositions of such tickets and the amount of fines, penalties and mandatory surcharges collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program.
3. The commissioner shall have the power from time to time to adopt such rules and regulations as may be necessary to accomplish the purposes of this section.
* § 837-j. Parking violations enforcement and disposition program. 1. The commissioner and the commissioner of the department of motor vehicles may enter into an agreement to effect the enhanced collection of the mandatory surcharges imposed pursuant to section eighteen hundred nine-a of the vehicle and traffic law. The terms of such agreement shall authorize the exchange between the division and the department of motor vehicles of information concerning outstanding fines, penalties and unpaid mandatory surcharges and identification information concerning persons with adjudicated parking violations subject to the imposition of such fines, penalties and mandatory surcharges.
2. The commissioner and the commissioner of the department of motor vehicles shall enter into any necessary joint enforcement agreements, which agreements shall be consistent with any agreement authorized by subdivision one of this section.
3. The commissioner of the department of motor vehicles shall be authorized to cooperate with traffic and law enforcement agencies of other states and of the United States, to obtain and furnish any assistance or information necessary for the enforcement and collection of fines, penalties and mandatory surcharges for parking violations.
4. The commissioner, in consultation with the commissioner of the department of motor vehicles shall promulgate such rules and regulations as may be necessary to effect the purposes of this section.
* NB Repealed September 1, 2025
§ 837-k. Safe house for children. 1. Within one hundred twenty days after the effective date of this section, the division shall design and adopt an official symbol and sign which may use McGruff as created by the national crime prevention council if practicable, to be used to designate homes and businesses where a child may seek temporary help when he or she is traveling, without adult supervision or protection, in neighborhoods having such homes or businesses.
2. a. Law enforcement agencies:
(i) may voluntarily provide symbols to persons who apply for them;
(ii) may require that persons receiving symbols apply in writing and agree in writing to specific terms and conditions in order to participate in the program;
(iii) shall develop community based selection procedures to assure the suitability of the persons and location which are the subjects of an application prior to issuing symbols after conducting a background check, including, but not limited to, information available in its jurisdiction, and inquiry of the department of social services register of child abuse and maltreatment regarding the applicant and any persons residing at the location. Until such procedures are developed and implemented, law enforcement agencies may access records of the division maintained pursuant to section eight hundred thirty-seven of this article;
(iv) shall maintain a register of locations using the official, sign or symbol and any other known locations using other symbols for similar purposes pursuant to subdivision five of this section;
(v) shall make efforts, themselves or through arrangements with school districts, not-for-profits, or other organizations, to educate children to recognize the correct symbol and the program.
b. For purposes of this subdivision:
(i) the term "law enforcement agency" shall mean any agency or department of any municipality or any police district employing a police officer or police officers as that term is defined in paragraphs (b) and (d) of subdivision thirty-four of section 1.20 of the criminal procedure law; and
(ii) the symbols provided by law enforcement agencies for purposes of this program are the property of said agency.
3. Persons who are issued a symbol by a law enforcement agency shall:
a. display it or any related or similar symbol or sign that is visible from the outside of their building only upon such terms and conditions as may be specified by the law enforcement agency; and
b. return said symbol to the law enforcement agency immediately upon demand therefor by said agency.
4. a. Any person who possesses, uses, or duplicates the symbol or sign created pursuant to subdivision one of this section, or any symbol authorized for use pursuant to subdivision two of this section, without complying with the provisions of this section shall be liable for a civil fine of fifty dollars.
b. Possession, use or duplication of the symbol or sign created pursuant to subdivision one of this section, or any symbol authorized for use pursuant to subdivision two of this section, with the intent to attract children into the location for any purpose other than protecting them when they are threatened is a misdemeanor.
c. No symbol except the symbol authorized in subdivisions one or five of this section shall be used to designate a safe house.
5. Children's safe haven/safe home programs existing on the effective date of this section may continue to use the same symbol on existing or new locations and expand service areas using symbols in use on such date.
§ 837-l. Capital prosecution extraordinary assistance program. There is hereby created within the division a capital prosecution extraordinary assistance program to be administered by the commissioner, to distribute funds to district attorneys for the prosecution of capital cases. Such funds shall be distributed where the commissioner determines, on the basis of a written certification by the applicant district attorney, that due to the nature or number of capital cases being prosecuted by the district attorney a significant financial burden has resulted and financial assistance is necessary in order to fulfill such district attorney's responsibilities; provided, however, that such funds shall not be used to supplant existing resources. Such funds may also be distributed to a district attorney who, upon the request of another district attorney, has provided assistance in the prosecution of a capital case.
* § 837-m. Reporting duties of law enforcement departments with respect to missing children and vulnerable adults. The chief of every police department, each county sheriff and the superintendent of state police shall report, at least semi-annually, to the division with respect to specified cases of missing children that are closed. Such reports shall be in the form and manner prescribed by the division and shall contain such information as the division deems necessary including, but not limited to, information regarding recovered children who were arrested, children who were the victims of criminal activity or exploitation and children who were found deceased and information regarding the alleged abductor or killer of such children. Any law enforcement department referred to in this section may, in its discretion, include in such semi-annual reports information relating to missing vulnerable adults as such term is defined in section eight hundred thirty-seven-f-one of this article.
* NB There are 2 § 837-m's
* § 837-m. Criminal history records search for certain employment, appointments, licenses or permits in the city of New York. 1. As used in this section:
(a) "Department" shall mean the New York city department of investigation.
(b) "Applicant" shall mean a person applying for:
(1) employment with the city of New York in a position providing child day care services, as such term is defined in subdivision one of section three hundred ninety of the social services law, or providing such services through an entity pursuant to a contract between such entity and the city of New York to provide such services or providing such child day care services through an entity required to have a permit for such services issued by the health department of the city of New York; or
(2) employment with the department, or appointment to a senior position in an office of an elected official or agency of the city of New York or of a public authority, board, committee, commission, or public benefit corporation, where such person is to be the subject of a background investigation pursuant to subdivisions (a) and (b) of section seven of executive order number sixteen of the mayor of the city of New York dated July twenty-sixth, nineteen hundred seventy-eight, as amended by section one of executive order seventy-two of the mayor of the city of New York dated April twenty-third, nineteen hundred eighty-four; or
(3) mayoral appointment as a judge of the New York city criminal court or the New York city civil court or the family court of the state of New York within the city of New York; or
(4) a license, certificate of approval, class A photo identification card or employment, pursuant to the following provisions of the administrative code of the city of New York which require the submission of fingerprints:
A. Title 16-A: New York City Trade Waste Commission Section 16-508(b);
B. Title 22: Fulton Fish Market Distribution Area and Other Seafood Distribution Areas, Section 22-216(a)(1); and
C. Title 20: Regulation of Shipboard Gambling, Section 20-954(b)(1), as added to the administrative code of the city of New York by a nineteen ninety-seven local law of the city of New York.
2. As a condition of eligibility for such licenses, certificate of approval, class A photo identification card, contract to provide services, or employment, the department, appointing or issuing agency shall obtain the applicant's fingerprints and submit such fingerprints to the division for purposes of determining the criminal history of the applicant. The department may submit two sets of fingerprints to the division.
3. The first set of fingerprints received by the division shall be used to identify the individual and to conduct a criminal history records search of the division's New York state files to determine whether such individual has been convicted of a criminal offense in this state. The division shall forward the second set of such individual's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has been convicted of a criminal offense in any state or federal jurisdiction.
4. The division shall promptly transmit the reports of these New York state and nationwide criminal records searches to the requesting department, appointing or issuing agency. Such reports, when received by the requesting department, appointing or issuing agency, shall be marked confidential and securely stored, and shall not be disclosed to any person other than the applicant, although the contents of the report may be disclosed to the agency or agencies whose consideration of such applicant prompted the ordering of such reports.
5. (a) Each applicant shall sign a release authorizing the department, appointing or issuing agency to submit such applicant's fingerprints to the division and to receive the results of such criminal history record searches supplied by the division and the federal bureau of investigation. Such release, a copy of which shall be supplied to the applicant, shall also advise the applicant that a criminal history record search will be conducted concerning the applicant and that he or she may obtain a copy of his or her criminal history record and seek correction of any information contained in such record pursuant to regulations promulgated by the division.
(b) Each such applicant shall, in advance, make payment to the division of any reasonable fee required by law which is reasonably related to the cost of conducting the searches authorized by this section. All fingerprints supplied by the applicant shall be returned to the applicant upon termination or denial of the license, certificate of approval, class A photo identification card, contract to provide services, or employment in connection with which such fingerprints were obtained.
* NB There are 2 § 837-m's
§ 837-n. Criminal history information of caregivers; requirements. 1. Definitions. For the purposes of this section:
(a) "Caregiver" shall mean a person employed to provide fifteen or more hours of care per week to a child or children in the home of such a child or children.
(b) "Criminal history information" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services.
2. (a) Upon request, a caregiver may provide a prospective employer with a set of fingerprints, or two such sets of fingerprints if the prospective employer also seeks to obtain a criminal history report from the federal bureau of investigation, in such form and manner as shall be specified by the division of criminal justice services, but in any event, no less than two digit imprints. The prospective employer shall submit the fingerprints to the division of criminal justice services for screening, together with the prescribed processing fee, as set forth in subdivision eight-a of section eight hundred thirty-seven of this article and any fees associated with obtaining fingerprints under this subdivision, provided, however, that the commissioner shall develop a reduced fee based upon the prospective employer's ability to pay. If the prospective employer also seeks to obtain a criminal history report from the FBI, the required fee for such report shall also be included.
(b) Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services. The division of criminal justice services shall compare such fingerprints against the records of such division and upon request of the prospective employer shall forward a set of such fingerprints to the federal bureau of investigation at Washington with a request that the files of the bureau be searched and notification of the results of such search and a report thereon shall be made. The division of criminal justice services shall formulate a standard criminal history information report and the standard form for such reporting. The division of criminal justice services shall forward such criminal history information report to the prospective employer in a timely manner. All such reports processed and sent to such prospective employer pursuant to this paragraph shall not be published or in any way disclosed or redisclosed to persons other than the prospective employer, or the prospective caregiver. Any person who discloses or rediscloses such reports in violation of this section shall be guilty of a class A misdemeanor.
(c) The office of children and family services shall prepare and disseminate information to advise the public of the right to obtain the criminal history information of a prospective caregiver. Such information shall also include, but not be limited to, the following:
(i) the voluntary nature of the criminal history information check;
(ii) the steps necessary to use the criminal history information check, including information on form availability, fingerprinting and fees;
(iii) applicable confidentiality requirements; and
(iv) other information that is available to prospective employers upon the consent of a prospective caregiver including but not limited to department of motor vehicles records, educational records and credit records, including, where relevant and available, phone numbers, addresses and a description of the content and potential uses of such records.
(d) The commissioner of the division of criminal justice services shall promulgate all rules and regulations necessary to implement the provisions of this section.
§ 837-o. Search for arson and sex offense conviction records of volunteer firefighter applicants. 1. Any person who applies for membership in a fire company, as such term is defined in section three of the volunteer firefighters' benefit law, or who seeks to transfer as a member to another fire company, shall be required to authorize the submission of his or her name and other authorized identifying information to the division which shall search its files for records indicating whether the person stands convicted of the crime of arson or a crime which requires the person to register as a sex offender under article six-C of the correction law. The chief of the fire company to which application is made shall provide written notice to the applicant that a search will be conducted, and if the applicant desires to proceed, he or she shall complete a search request on the form provided for this purpose by the division of criminal justice services.
2. Within ten business days of receipt from the applicant, the chief of the fire company shall send the completed search request form to either (i) the sheriff's department of the county in which the fire company is located, or (ii) the office of fire prevention and control, as follows:
(a) the sheriff's department of the county in which the fire company is located shall be responsible for receiving the search requests and processing the search requests with the division within ten business days of receipt from the chief of the fire company, unless the county legislative body adopts and files with the office of fire prevention and control pursuant to the municipal home rule law a local law providing that the sheriff's department shall not have such responsibility;
(b) in all other instances where a county legislative body has adopted a local law pursuant to paragraph (a) of this subdivision, the office of fire prevention and control shall be responsible for receiving search requests and forwarding the search requests to the division. The office of fire prevention and control is hereby authorized to establish a communication network with the division for the purpose of forwarding search requests and receiving search results pursuant to paragraph (b) of this subdivision.
3. (a) All searches concerning the application for membership in a fire company shall be conducted under the provisions of subdivision six of section eight hundred thirty-seven of this article without the assessment of any fee to the applicant or fire company and shall pertain solely to ascertaining whether the applicant stands convicted of arson or a crime which requires the person to register as a sex offender under article six-C of the correction law.
(b) The results of the search shall be communicated in writing, within ten business days of receipt from the division, to the chief of the fire company from which the search request originated by either the sheriff's department or the office of fire prevention and control, and shall be kept confidential by the chief, except as provided in paragraph (c) of this subdivision. The results of the search shall only state either that: (i) the applicant stands convicted of arson and/or a crime which requires the person to register as a sex offender under article six-C of the correction law, or (ii) the applicant has no record of conviction for arson or a crime which requires the person to register as a sex offender under article six-C of the correction law. The results of the search shall not divulge any other information relating to the criminal history of the applicant.
(c) At the time an applicant is advised that he or she is ineligible for membership due to a record of conviction for arson, he or she shall also be advised of the rights to challenge and appeal the information contained in the record of conviction as provided in the rules and regulations of the division. The applicant shall continue to be barred from membership until all administrative and judicial challenges to the accuracy of such information or appeals therefrom, are ultimately resolved in his or her favor, or if such a determination is unchallenged.
(d) If a person is denied election or appointment as a volunteer member of a fire company based in whole or in part on the fact that he or she stands convicted of a crime which requires the person to register as a sex offender under article six-C of the correction law, he or she shall be advised by the fire company of the rights to challenge and appeal the information contained in the record of conviction as provided in the rules and regulations of the division, and provided by the fire company with a copy of the criminal history record received by the fire company and with a copy of sections seven hundred fifty-two and seven hundred fifty-three of the correction law.
§ 837-p. Criminal history records search for certain licenses and registrations in the county of Westchester. 1. As used in this section:
(a) "Commission" shall mean the Westchester county solid waste commission.
(b) "Applicant" shall mean a person applying for a license or registration pursuant to chapter eight hundred twenty-six-a of the laws of Westchester county which requires the submission of fingerprints.
2. As a condition of eligibility for such licenses and/or registrations, the commission shall obtain two sets of the applicant's fingerprints and submit such fingerprints to the division for purposes of determining the criminal history of the applicant.
3. The first set of fingerprints received by the division shall be used to identify the applicant and to conduct a criminal history records search of the division's New York state files to determine whether or not such applicant has a criminal history in this state. The division shall forward the second set of such applicant's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has a criminal history in any state or federal jurisdiction.
4. The division shall promptly transmit the reports of the New York state criminal record search to the executive director of the commission. The federal bureau of investigation reports of nationwide criminal records searches shall be transmitted to the executive director of the commission by the most direct means authorized by federal law, rules and regulations. All such reports, when received by the commission, shall be marked confidential and securely stored, and shall not be disclosed to any person other than the applicant, although the contents of the report may be disclosed to the members of the commission.
5. (a) Each applicant shall sign a release authorizing the commission to submit such applicant's fingerprints to the division and the federal bureau of investigation, and for the executive director of the commission to receive the results of such criminal history record searches supplied by the division and the federal bureau of investigation. Such release shall also advise the applicant that a criminal history record search will be conducted concerning the applicant and that he or she may obtain a copy of his or her criminal history record and seek correction of any information contained in such record pursuant to regulations promulgated by the division.
(b) Each such applicant shall, in advance, make payment to the commission of the fee required pursuant to subdivision eight-a of section eight hundred thirty-seven of this article and any fee imposed by the federal bureau of investigation.
§ 837-q. Payments to Westchester county for policing special parkways. The commissioner of the division of criminal justice services is hereby authorized and directed, pursuant to annual appropriations, to make payments to Westchester county for costs associated with policing special parkways as defined in subdivision two of section seventy of the transportation law.
§ 837-r. Office of sex offender management. 1. Establishment of office. There is hereby established within the division of criminal justice services the office of sex offender management, hereinafter in this section referred to as "the office."
2. Duties and responsibilities. The office, in consultation with the commissioner of mental health, shall be responsible for policy matters relating to sex offenders and the management of their behavior. Its activities as to such matters shall include, but not be limited to:
(a) Studying issues relating to management of sex offender behavior in consultation with experts, service providers and representative organizations in the field of sex offender management;
(b) Serving as a clearinghouse for information and materials including lists of treatment providers and other community resources for sex offender management;
(c) Advising the governor and the legislature on the most effective ways for state government to address issues of sex offender management;
(d) Coordinating and recommending sex offender management policy and interagency initiatives including matters relating to risk assessment; provision of treatment; supervision policy; the use of videoconferencing and other tools to expedite hearings; the use of polygraphs, electronic monitoring, and other supervisory tools; the sharing of information among relevant agencies; residential issues; and other matters relating to re-entry and integration into society;
(e) Developing recommendations as to standards, guidelines, best practices, and qualifications for sex offender assessment, treatment, and supervision;
(f) Acting as an advocate for sex offense victims and programs and coordinating activities of other agencies with related functions;
(g) Developing and implementing campaigns of public awareness, community outreach, and sex offense prevention;
(h) Coordinating programs of training and education for law enforcement and treatment providers, judges, attorneys, and other professionals; and
(i) Developing case management systems and other information technology to support state activities in the management of sex offender behavior.
3. Other state agencies shall provide cooperation and assistance to the office so as to assist it in the effective performance of its duties.
§ 837-s. Search for sex offense conviction records of emergency medical technician and other first responder applicants. 1. The chief officer of any volunteer ambulance company, as such term is defined in subdivision two of section three of the volunteer ambulance workers' benefit law, any proprietary ambulance service, or any other ambulance or emergency medical service providing emergency medical care and transportation of sick or injured persons to health care facilities, shall notify every new applicant for emergency medical technician, paramedic, certified first responder applicant, or any other applicant who would be responsible for providing emergency medical care and transportation of sick or injured persons to health care facilities, including applicants seeking to transfer from one ambulance company or service to another, that their personally identifying information will be checked against the public records of those individuals required to register under article six-C of the correction law.
2. If such applicant desires to proceed, within ten business days of receiving an application, the chief officer shall inquire of the division as to whether such applicant is required to register by calling the special telephone number established pursuant to section one hundred sixty-eight-p of the correction law. Such chief officer may also check the internet posting subdirectory of level two and three sex offenders established pursuant to section one hundred sixty-eight-q of the correction law.
3. Where such search reveals that an applicant is registered under article six-C of the correction law, the chief officer of the ambulance company or service shall determine whether or not such person shall be eligible to be elected or otherwise appointed as a member of such ambulance company or service. Such determination shall be made consistent with article twenty-three-A of the correction law and a copy of such article shall be provided to the applicant.
§ 837-t. Use of force reporting. 1. The chief of every police department, each county sheriff, and the superintendent of state police shall report to the division, in a form and manner as defined in regulations by the division, any instance or occurrence in which a police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, or a peace officer, as defined in section 2.10 of the criminal procedure law, employs the use of force as follows:
a. brandishes, uses or discharges a firearm at or in the direction of another person; or
b. uses a chokehold or similar restraint that applies pressure to the throat or windpipe of a person in a manner that may hinder breathing or reduce intake of air; or
c. displays, uses or deploys a chemical agent, including, but not limited to, oleoresin capsicum, pepper spray or tear gas; or
d. brandishes, uses or deploys an impact weapon, including, but not limited to, a baton or billy; or
e. brandishes, uses or deploys an electronic control weapon, including, but not limited to, an electronic stun gun, flash bomb or long range acoustic device; or
f. engages in conduct which results in the death or serious bodily injury of another person. Serious bodily injury is defined as bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ or mental faculty.
2. On an annual basis, the commissioner shall conspicuously publish on the department's website a comprehensive report including the use of force information received under subdivision one of this section during the preceding year. Such reports shall not identify the names of the individuals involved, but for each event reported, shall list the date of the event, the location disaggregated by county and law enforcement agencies involved, the town or city, and any additional relevant location information, a description of the circumstances of the event, and the race, sex, ethnicity, age, or, if unknown, approximate age of all persons engaging in the use of force or suffering such injury.
§ 837-u. The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annually regarding pretrial release and detention. Such data and report shall contain information categorized by age, gender, racial and ethnic background; regarding the nature of the criminal offenses, including the top charge of each case; the number and type of charges in each defendant's criminal record; whether the prosecutor requested that the court fix bail, the amounts and forms of bail requested by the prosecutor, and the amounts and forms of bail set by the court; the number of individuals released on recognizance; the number of individuals released on non-monetary conditions, including the conditions imposed; the number of individuals committed to the custody of a sheriff prior to trial; the rates of failure to appear and rearrest; the outcome of such cases or dispositions; whether the defendant was represented by counsel at every court appearance regarding the defendant's securing order; the length of the pretrial detention stay and any other such information as the chief administrator and the division of criminal justice services may find necessary and appropriate. Such annual report shall aggregate the data collected by county; court, including city, town and village courts; and judge. The data shall be aggregated in order to protect the identity of individual defendants. The report shall be released publicly and published on the websites of the office of court administration and the division of criminal justice services. The first report shall be published eighteen months after this section shall have become a law, and shall include data from the first twelve months following the enactment of this section. Reports for subsequent years shall be published annually on or before that date thereafter.
* § 837-v. Report of discharge of weapon. 1. Any law enforcement officer or peace officer who discharges his or her weapon while on duty or off duty under circumstances wherein a person could be struck by a bullet from the weapon, including situations wherein such officer discharges his or her weapon in the direction of a person, shall verbally report the incident to his or her superiors within six hours of the occurrence of the incident and shall prepare and file a written report of the incident within forty-eight hours of the occurrence of the incident. Nothing contained in this section shall prevent any officer from invoking his or her constitutional right to avoid self-incrimination.
2. As used in this section "law enforcement officer" means a state or local police officer and "peace officer" means any person designated as a peace officer pursuant to section 2.10 of the criminal procedure law.
* NB There are 2 § 837-v's
* § 837-v. Reporting duties of law enforcement departments with respect to arrest-related deaths. 1. The chief of every police department, each county sheriff, and the superintendent of state police shall promptly report to the division any arrest-related death, disaggregated by county. The data shall include all information the division shall report pursuant to the requirements of subdivision five of this section.
2. The initial report required by this subdivision shall be for the period beginning six months after the effective date of this section and shall be submitted on an annual basis thereafter. Each annual report shall be submitted no later than February first.
3. The division shall make the information required by subdivision one of this section available to the public by posting it on the website of the division. With respect to the information required by subdivision one of this section, the division shall update such information on a monthly basis and such information shall be posted in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
4. The division shall promulgate regulations to effectuate the reporting of data from law enforcement departments sufficient to make the reports required by subdivision five of this section.
5. The division shall submit to the governor and the legislature an annual report of arrest-related deaths disaggregated by county. An arrest-related death is a death that occurs while an individual is in law enforcement custody or during an attempt to establish custody including, but not limited to, deaths caused by any use of force. Such report shall include the following information:
(a) the number of arrest-related deaths;
(b) the race, ethnicity, age, and sex of the individual;
(c) the zip code or location where the death occurred; and
(d) a brief description of the circumstances surrounding the arrest-related death.
* NB There are 2 § 837-v's
* § 837-w. Technological viability of microstamping-enabled firearms. 1. As used in this section, the terms "microstamping-enabled pistols" and "microstamping components" shall have the same meaning as defined in article two hundred sixty-five of the penal law.
2. The division or a designee shall within one hundred eighty days of the effective date of this section:
(a) engage in and complete an investigation to certify the technological viability of microstamping-enabled pistols. This investigation shall include live-fire testing evidence; and
(b) certify or decline to certify that microstamping-enabled pistols are technologically viable.
3. Following a certification by the division or a designee that microstamping-enabled pistols are technologically viable, the division shall:
(a) within three hundred sixty-five days from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish performance standards, qualifying criteria and testing protocols applicable to the examination and verification of microstamping-enabled pistols and microstamping components;
(b) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish and implement verification processes for microstamping-enabled pistols and microstamping components;
(c) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, establish processes and standards for the training and licensure of persons, associations, partnerships, corporations, or other entities so that such may engage in the business of servicing semi-automatic pistols and their components to ensure compliance with the requirements of article two hundred sixty-five of the penal law; and
(d) within two years from the date of certification of the viability of such technology by division or a designee pursuant to subdivision one of this section, designate a body to service semiautomatic pistols and their components to ensure compliance with the requirements of article two hundred sixty-five of the penal law.
4. The division shall promulgate any rule or regulation as may be necessary to carry out the provisions of this section.
* NB There are 2 § 837-w's
* § 837-w. Blue alert system. 1. There is established within the division a blue alert system to aid in the identification, location and apprehension of any individual or individuals suspected of killing or seriously wounding any police officer.
2. For the purposes of this section:
(a) The term "blue alert" shall mean information sent through the blue alert system related to:
(i) the serious injury or death of a law enforcement officer in the line of duty;
(ii) an officer who is missing in connection with the officer's official duties; or
(iii) an imminent and credible threat that an individual intends to cause the serious injury or death of a law enforcement officer.
(b) The term "law enforcement agency having jurisdiction" shall mean the chief law enforcement officer of the village, town, city, county, or the division of state police that is investigating an offense necessitating the use of a blue alert.
(c) The term "law enforcement officer" shall mean a state or local police officer.
3. Upon the request of a law enforcement agency having jurisdiction, the division shall issue a blue alert when public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. Such blue alert may be disseminated on a regional or statewide basis. Nothing in this section shall require a law enforcement agency having jurisdiction to request a blue alert in any circumstance described in paragraph (a) of subdivision two of this section or to participate in the dissemination of information under the blue alert system.
4. The division shall coordinate with the department of transportation, the division of state police, and police agencies, and may also coordinate with public commercial television and radio broadcaster organizations, to effectuate notifications under the blue alert system. Information disseminated pursuant to a blue alert may include, but shall not be limited to, a detailed description of the suspect's vehicle or license plate number and the name of the law enforcement agency that requested the alert.
5. The division may coordinate with additional state agencies capable of providing urgent and timely information to the public, together with television and radio broadcasters and other private entities, where appropriate, and if authorized and under conditions permitted by the federal government, that consent to participate in the dissemination of urgent public information.
6. The division shall develop criteria and procedures for activation of the blue alert system, and shall regularly review the function of the blue alert system and revise its criteria and procedures to provide for efficient and effective public notifications.
7. The provisions of this section shall only apply in the event that the division has been designated to use the federally authorized Emergency Alert System for the issuance of blue alerts.
8. The division is hereby authorized to promulgate rules and regulations for the implementation of the blue alert system pursuant to this section.
* NB There are 2 § 837-w's
* § 837-x. Cooperation with certain out-of-state investigations. 1. For purposes of this section, the following terms shall have the following meanings:
(a) "Reproductive health services" shall have the same meaning as paragraph (a) of subdivision one of section 570.17 of the criminal procedure law; and
(b) "Legally protected health activity" shall have the same meaning as paragraph (b) of subdivision one of section 570.17 of the criminal procedure law.
2. No state or local government employee or entity or other person acting on behalf of state or local government shall cooperate with or provide information to any individual or out-of-state agency or department regarding any legally protected health activity in this state, or otherwise expend or use time, moneys, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state. Nothing in this section shall prohibit the investigation of any reproductive health services rendered in violation of the laws of this state, provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual. Nothing in this section shall prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
* NB There are 2 § 837-x's
* § 837-x. Cooperation with certain out-of-state investigations. No state or local law enforcement agency shall cooperate with or provide information to any individual or out-of-state agency or department regarding the provision, seeking, or assistance in provision or seeking of lawful gender-affirming care performed in this state. Nothing in this section shall prohibit the investigation of any criminal activity in this state which may involve the performance of gender-affirming care provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual.
* NB There are 2 § 837-x's
§ 838. Identification of unknown dead and missing persons. 1. Every county medical examiner and coroner shall promptly furnish the division and the National Missing and Unidentified Persons System created by the Office of Justice Program's National Institute of Justice, with copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, personal descriptions and other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner or coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent's identification. The division shall promptly make available personal descriptions and other identifying data, including date and place of death, of such deceased persons to all law enforcement agencies in the state, and upon request, to law enforcement agencies outside of the state.
2. In any case where it is not physically possible to furnish prints of the ten fingers of the deceased, prints or partial prints of any fingers with other identifying data shall be forwarded by the county medical examiner or coroner to the division.
3. In addition to the foregoing provisions of this section, the county medical examiner or coroner shall cause a dentist authorized to practice pursuant to article one hundred thirty-three of the education law or a dental student in a registered school of dentistry in this state to carry out a dental examination of the deceased. The medical examiner or coroner shall forward the dental examination records to the division on a form supplied by the division for that purpose.
4. The division shall compare the fingerprints received from the county medical examiners or coroners to fingerprints on file with the division for purposes of attempting to determine the identity of the deceased. Other descriptive data supplied with the fingerprints shall also be compared to records maintained by the division concerning missing persons. The division shall submit the results of the comparisons to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
5. (a) (i) When any person makes a report of a missing person to a law enforcement authority, the authority shall request a member of the family or next of kin of the missing person to authorize the release to the division of the dental records of the person reported missing. The release shall be on a form supplied by the division. If the person reported missing is still missing thirty days after the report is made, the law enforcement authority shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the division within ten days. The form of such request shall also include means by which the law enforcement authority shall be notified of the delivery of such records.
(ii) When the person reported missing has not been found within thirty days and no family or next of kin exists or can be located, the law enforcement authority may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted, and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a peace officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the division.
(b) Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to the division, where a file shall be maintained concerning persons reported to it as missing and who have not been reported to it as found. The file shall contain dental records and such other information as the division finds to be relevant to assisting in the location of a missing person. The law enforcement authority shall be notified of the delivery of such records.
6. The division shall compare the dental records received from the county medical examiners or coroners to dental records of missing persons on file with the division. The division shall submit the results of the comparison to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
7. (a) When a person previously reported missing has been found, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section and shall report to the division that the person has been found and that the records and documents have been so erased or destroyed. After receiving such a report, the division shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section.
(b) Nothing in paragraph (a) of this subdivision shall be construed as prohibiting law enforcement agencies from maintaining case files relating to vulnerable adults, as defined in section eight hundred thirty-seven-f-one, who were reported missing, provided, however, that any DNA, fingerprints and/or dental records acquired in the course of such investigation shall be erased and/or destroyed in accordance with paragraph (a) of this subdivision after the person previously reported missing has been found.
(c) (i) Notwithstanding the provisions of paragraph (a) of this subdivision, if a vulnerable adult, as defined in section eight hundred thirty-seven-f-one of this article, previously reported missing has been found, the division shall maintain a sealed record of the case file for a period of ten years, after which it shall be erased and/or destroyed. The sealed record shall be unsealed if the individual to whom the record pertains is reported missing on a subsequent occasion or if needed for evidentiary purposes in any civil litigation against the division or its personnel that arises from the investigation. However, in the event that there are grounds for a criminal action arising from the investigation, nothing in this subdivision shall be interpreted as prohibiting the division from allowing such records to remain unsealed until such criminal action is concluded or otherwise resolved.
(ii) The division shall establish rules and regulations relating to the unsealing of records. Such rules and regulations shall require that, pursuant to subparagraph (i) of this paragraph, the process of unsealing such records shall take no longer than two hours from the time the division receives a report that a vulnerable adult, for whom there is a previous record, is missing.
8. The information contained in the division's missing person files shall be made available by it to law enforcement agencies attempting to locate missing persons.
9. Notwithstanding any other provision of law, no criminal justice agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, criminal justice agencies shall make entries of such report to the register in the manner provided by section eight hundred thirty-seven-e of this article.
10. Notwithstanding any other provision of law, no criminal justice agency shall establish or maintain any policy that requires the observance of a waiting period before accepting and investigating a report of a missing vulnerable adult as defined in section eight hundred thirty-seven-f-one of this article. Upon receipt of a report of such missing vulnerable adult, criminal justice agencies shall make entries of such report in the manner provided by subdivision eleven of this section.
11. Whenever a criminal justice agency determines that a person is a missing vulnerable adult, as defined in section eight hundred thirty-seven-f-one of this article, or that an unidentified living person may be a missing vulnerable adult, such criminal justice agency shall enter the report of such missing vulnerable adult in any database of missing persons maintained by the division and the federal government.
§ 838-a. Maintenance of sexual offense evidence kits. 1. The following requirements shall apply to all sexual offense evidence kits surrendered to or collected by, at the request of, or with cooperation of a police agency or prosecutorial agency:
(a) Each such police agency and prosecutorial agency shall submit any sexual offense evidence kits in its custody or control to an appropriate forensic laboratory within ten days of receipt.
(b) Each forensic laboratory receiving sexual offense evidence kits after the effective date of this section shall assess case specific information for Combined DNA Index System (CODIS) eligibility and, if eligible, analyze the kits and attempt to develop CODIS eligible profiles of any potential perpetrators from the evidence submitted. The forensic lab shall report the results to the submitting agency and appropriate prosecutorial entity within ninety days after receipt of a kit.
(c) Each police agency and prosecutorial agency that has one or more sexual offense evidence kit in its custody or control shall, within ninety days after the effective date of this paragraph, inventory such kits and report the total number of such kits to the division and to the forensic laboratory where such kits will be submitted pursuant to paragraph (a) of this subdivision. The division shall provide such inventories to the senate and assembly leaders by March first, two thousand seventeen. Every police and prosecutorial agency shall update this report each month thereafter until paragraph (a) of this subdivision has become effective.
(d) Each police agency and prosecutorial agency that, prior to the effective date of paragraph (a) of this subdivision, has one or more sexual offense evidence kits in its custody or control shall, within thirty days after the effective date of this section, submit all untested kits in its possession or control to an appropriate forensic laboratory.
(e) Each forensic laboratory, within one hundred twenty days after receiving each sexual offense evidence kit pursuant to paragraph (d) of this subdivision shall assess case specific information for CODIS eligibility and, if eligible, analyze the kits and attempt to develop CODIS eligible profiles for any potential perpetrators and shall, within ninety days of such assessment, report the results to the submitting agency and the appropriate prosecutorial entity.
(f) The failure of any such police agency, prosecutorial agency or forensic laboratory to comply with a time limit specified in this section or section eight hundred thirty-eight-b of this article shall not, in and of itself, constitute a basis for a motion to suppress evidence in accordance with section 710.20 of the criminal procedure law.
2. (a) Each forensic laboratory in the state shall report to the division, on a quarterly basis, in writing, on (i) the number of sexual offense evidence kits it received, (ii) the number of such kits processed for the purpose of developing Combined DNA Index System (CODIS) eligible profiles of any potential perpetrators, and (iii) the number of kits not processed for testing, including, the reason such kits were ineligible for processing.
(b) Each police agency and prosecutorial agency shall report to the division on a quarterly basis, in writing, on (i) the number of all the sexual offense evidence kits it received, (ii) the number of such kits it submitted to a forensic laboratory for processing, (iii) the number of kits in its custody or control that have not been processed for testing, and (iv) the length of time between receipt of any such sexual offense evidence kit and the submission of any such kit to the forensic laboratory.
(c) The division shall provide to the senate and assembly leaders such quarterly reports received from the forensic labs and police and prosecutorial agencies pursuant to paragraphs (a) and (b) of this subdivision by January first, two thousand eighteen and annually thereafter.
3. Each police agency, prosecutorial agency and other law enforcement agency within this state shall adopt policies and procedures concerning contact with victims of sexual offenses, and the provision of information to victims upon request, concerning sexual offense evidence collected or received from them. The policies and procedures shall be victim-focused, meaning systematically focused on the needs and concerns of victims to ensure the compassionate and sensitive delivery of services in a nonjudgemental manner, and shall include, at a minimum, a requirement that:
(a) the police agency, prosecutorial agency or other law enforcement agency designate at least one person, who is trained in trauma and victim response through a program meeting minimum standards established by the division of criminal justice services, following appropriate guidelines on evidence-based, trauma-informed practices, which may include guidelines from the Substance Abuse and Mental Health Services Administration, within its agency to receive all inquiries concerning sexual offense evidence kits from victims; and
(b) at the time that a sexual offense evidence kit is collected, a victim shall be provided with: (i) a copy of the victim bill of rights described in subdivision six of section twenty-eight hundred five-i of the public health law; and (ii) contact information, including a name, phone number and e-mail address, for the individual designated pursuant to paragraph (a) of this subdivision at the police agency, prosecutorial agency or other law enforcement agency with jurisdiction over the sexual offense.
4. The division shall undertake actions designed to ensure that all police agencies and prosecutorial agencies in the state and all forensic laboratories are educated and aware of the provisions of this section.
§ 838-b. Victim's right to notice. Each police agency, prosecutorial agency and other law enforcement agency with jurisdiction over a sexual offense shall, upon request of the victim who has consented to report such offense to law enforcement, provide the sexual offense victim with notice of the date and location at which sexual offense evidence collected or received from such victim is assessed for CODIS eligibility and analyzed, whether a CODIS eligible profile was developed and whether or not a DNA match was identified, provided, however, that the police agency, prosecutorial agency or other law enforcement agency serving the jurisdiction may temporarily delay release of such DNA match information to the victim, prior to the arrest of a suspect alleged to have committed such offense, if such agency documents in writing and notifies the victim that release of such information would compromise the successful investigation of such sexual offense. The police or prosecutorial agency or other law enforcement agency in possession of a sexual offense evidence kit shall notify the sexual offense victim at least ninety days prior to the expiration of the twenty-year storage period in accordance with paragraph (k) of subdivision two of section twenty-eight hundred five-i of the public health law.
§ 839. Municipal police training council. 1. There is hereby created within the division a municipal police training council composed of ten members, who shall be selected as follows:
(a) one shall be appointed by the governor who shall be a full-time faculty member of a college or university who teaches in the area of criminal justice or police science;
(b) one shall be appointed by the governor from a list of at least six nominees submitted by the New York state sheriffs' association, who shall be incumbent sheriffs in the state having at least two years of service on the law enforcement training committee of such association or having other specialized experience in connection with police training which, in the opinion of the chairman of such law enforcement training committee, provides the sheriff with at least an equivalent background in the field of police training; and
(c) one shall be appointed by the governor from a list of at least six nominees submitted by the New York state association of chiefs of police, who shall be incumbent chiefs of police or commissioners of police of a municipality in the state having at least two years of service on the police training committee of such association or having other specialized experience in connection with police training which, in the opinion of the chairman of such training committee, provides the chief of police or commissioner of police with at least an equivalent background in the field of police training; and
(d) one shall be the commissioner of police of the city of New York or a member of his department, designated by such commissioner and approved by the governor; and
(e) one shall be the superintendent of the state police; and
(f) one shall be appointed by the governor who shall be an incumbent chief of police or commissioner of police from a municipality in the state with a police department consisting of more than one hundred officers; and
(g) one shall be appointed by the governor who shall be an incumbent sheriff in the state from an agency with more than one hundred deputy sheriffs; and
(h) one shall be appointed by the governor who shall be a representative of victims of crime; and
(i) one shall be appointed by the governor who shall be a representative from a community with high numbers of police and community interactions; and
(j) one shall be appointed by the governor who shall be an incumbent executive from a peace officer employing agency or municipality.
2. The governor shall designate from among the members of the council a chairman who shall serve during the pleasure of the governor.
3. All members of the council appointed by the governor shall be appointed for terms of two years, such terms to commence on April first, and expire on March thirty-first. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled in the same manner as original appointments. Any member may be reappointed for additional terms.
4. Any member of the council appointed pursuant to paragraphs (b) or (c) of subdivision one of this section as an incumbent sheriff, chief of police or commissioner of police, as the case may be, shall immediately upon the termination of his holding of said office or employment, cease to be a member of the council.
5. The council shall meet at least four times in each year. Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of six members of the council. The council may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that all recommendations made by the council to the governor pursuant to subdivision one of section eight hundred forty of this chapter shall require the affirmative vote of six members of the council.
6. Membership on the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign power of the state.
7. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.
8. No member of the council shall be disqualified from holding any public office or employment, nor shall he forfeit any such office or employment, by reason of his appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
§ 840. Functions, powers and duties of council. 1. The council may recommend to the governor rules and regulations with respect to:
(a) The approval, or revocation thereof, of police training schools administered by municipalities;
(b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved municipal police training schools;
(c) Minimum qualifications for instructors at approved police training schools;
(d) The requirements of minimum basic training which police officers appointed to probationary terms shall complete before being eligible for permanent appointment, and the time within which such basic training must be completed following such appointment to a probationary term;
(e) The requirements of minimum basic training which police officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, and the time within which such basic training must be completed following such appointment on a non-permanent basis;
(f) The requirements of minimum basic training which peace officers must complete before being eligible for certification as peace officers, pursuant to section 2.30 of the criminal procedure law;
(g) Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to such categories or classifications; and
(i) The establishment, in cooperation with the division of state police, of a formalized consumer product tampering training program for all law enforcement personnel.
(j) (1) Development, maintenance and dissemination of written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; (2) establishment and implementation on an ongoing basis, of a training program for all current and new police officers regarding the policies and procedures established pursuant to this paragraph; and (3) establishment of a training program for police officers whose main responsibilities are juveniles and the laws pertaining thereto, including children under twelve years of age who do not fall under the definition of juvenile delinquent pursuant to subparagraph (iii) of paragraph (a) of subdivision one of section 301.2 of the family court act and whose behavior, but for their age would bring them within the jurisdiction of the family court pursuant to article three of the family court act, which training program shall be successfully completed before such officers are accredited pursuant to section eight hundred forty-six-h of this chapter.
(k) Development, maintenance and dissemination, in consultation with the department of agriculture and markets, of written policies and procedures pursuant to animal cruelty and protection laws, including, but not limited to, article twenty-six of the agriculture and markets law, section 352.3 of the family court act as it applies to companion animals, and applicable provisions of the penal law, regarding the investigation and prevention of any act of cruelty to animals. The council shall make provisions in such policies and procedures for the education and training in enforcement of such animal cruelty and protection laws.
(l) Exemptions from particular provisions of this article in the case of peace officers appointed by the superintendent of state police if in its opinion the standards of peace officer training provided by the division of state police exceed those established pursuant to this article.
(m) Establishment and implementation on an ongoing basis, of a training program for all current and new police officers and peace officers regarding the policies and procedures established pursuant to paragraph (k) of this subdivision.
2. The council shall promulgate, and may from time to time amend, such rules and regulations prescribing height, weight, physical fitness and psychological requirements for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties.
2-a. The council, in consultation with the state commission of correction, shall promulgate rules and regulations with respect to:
(a) The approval, or revocation thereof, of basic and other correctional training programs administered by municipalities;
(b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved basic and other correctional training programs;
(c) Minimum qualifications for instructors at approved basic and other correctional training programs; and
(d) The requirements of a minimum basic correctional training program required by subdivision nine of section eight hundred thirty-seven-a of this article.
2-b. The council shall promulgate, and may from time to time amend, such rules and regulations concerning background investigations for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties, which shall be incorporated by the law enforcement agency accreditation council as part of the certification process in paragraph (d) of subdivision one of section eight hundred forty-six-h of this chapter.
3. The council shall, in addition: (a) Consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in section eight hundred forty-one of this article;
(b) Recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section;
(c) Visit and inspect any police training school and correctional training programs approved by the commissioner or for which application for such approval has been made;
(d) Make recommendations, from time to time, to the commissioner, the governor and the legislature, regarding the carrying out of the purposes of this section;
(e) Perform such other acts as may be necessary or appropriate to carry out the functions of the council;
(f) Develop, maintain and disseminate, in consultation with the state office for the prevention of domestic violence, written policies and procedures consistent with article eight of the family court act and applicable provisions of the criminal procedure and domestic relations laws, regarding the investigation of and intervention by new and veteran police officers in incidents of family offenses. Such policies and procedures shall make provisions for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(1) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subparagraph three of this paragraph, on a standardized "domestic violence incident report form" promulgated by the division of criminal justice services in consultation with the superintendent of state police, representatives of local police forces and the state office for the prevention of domestic violence, and the investigation thereof so as to ascertain whether a crime has been committed against the victim by a member of the victim's family or household as such terms are defined in section eight hundred twelve of the family court act and section 530.11 of the criminal procedure law; and
(2) the need for immediate intervention in family offenses including the arrest and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the criminal procedure law, and notifying victims of their rights, in their native language, if identified as other than English, in accordance with subparagraph three of this paragraph, including but not limited to immediately providing the victim with the written notice required in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act;
(3) determine, in consultation with the superintendent of state police and the office for the prevention of domestic violence, the languages in which such translation required by subparagraph one of this paragraph, and the notification required by subparagraph two of this paragraph, shall be provided. Such determination shall be based on the size of the New York state population that speaks each language and any other relevant factor. Such written notice required pursuant to subparagraph two of this paragraph shall be made available to all local law enforcement agencies throughout the state. Nothing in this paragraph shall prevent the council from using the determinations made by the superintendent of state police pursuant to subdivision (c) of section two hundred fourteen-b of this chapter;
(f-1) Develop, maintain and disseminate, in consultation with the office of temporary and disability assistance and the division of criminal justice services, written policies and procedures regarding human trafficking victims. Such policies and procedures shall include, but not be limited to the following: (1) the identification of potential victims of human trafficking, as defined under section four hundred eighty-three-aa of the social services law; and (2) information and/or referral to appropriate social and legal services for victims of human trafficking in accordance with section four hundred eighty-three-bb of the social services law;
(g) Develop, maintain and disseminate, in consultation with the state division of human rights and the state civil service department, written policies and procedures to enhance police and correctional officer recruitment efforts and to increase police and correctional officer awareness of racial, ethnic, religious and gender differences, and other diversity issues, in communities served by such police and in correctional facilities;
(h) Consult with the state commission of correction regarding correctional training programs; and
(i) Develop, maintain and disseminate written policies and procedures and educational materials regarding the availability of and procedure for filing extreme risk protection orders under article sixty-three-A of the civil practice law and rules, including the requirements for police officers under section six thousand forty-one of such article, appropriately instruct any agency that employs police or peace officers regarding article sixty-three-A of the civil practice law and rules.
4. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with rape crisis centers experienced in assisting victims in this state, written policies and procedures consistent with applicable provisions of the family court act, domestic relations law, criminal procedure law and the penal law, regarding the investigation of and intervention by new and veteran police officers in crimes involving sexual assault. Such policies and procedures shall make provisions for education and training of new and veteran police officers in the investigation and enforcement of crimes involving sexual assault under state law, including but not limited to:
(1) techniques for interviewing sexual assault victims,
(2) fair treatment standards for crime victims pursuant to article twenty-three of this chapter,
(3) evidence gathering and evidence preservation, and
(4) dissemination of information concerning availability of local services for the victims of such crimes; and
(b) Recommend to the governor, rules and regulations with respect to establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
(c) Disseminate the written policies and procedures promulgated in accordance with subdivision twenty-one of section eight hundred thirty-seven of this article to all police departments in this state and implement a training program for all current and new police officers regarding the policies and procedures established pursuant to such subdivision.
(d)(1) Establish and regularly update a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers.
(2) The model law enforcement use of force policy shall include, but is not limited to:
(i) information on current law as it relates to the use of force by police and peace officers;
(ii) guidelines regarding when use of force is permitted;
(iii) requirements for documenting use of force;
(iv) procedures for investigating use of force incidents;
(v) guidelines regarding excessive use of force including duty to intervene, reporting, and timely medical treatment for injured persons;
(vi) standards for failure to adhere to use of force guidelines;
(vii) training mandates on use of force, conflict prevention, conflict resolution and negotiation, de-escalation techniques and strategies, including, but not limited to, interacting with persons presenting in an agitated condition; and
(viii) prohibited uses of force.
(3) The person in charge of every local police department, local correctional facility, each county sheriff, the superintendent of the division of the state police, the commissioner of the department of corrections and community supervision, and the person in charge of every agency that employs a peace officer in this state shall adopt and implement a use of force policy in the agency of which they are in charge. Such use of force policy shall be consistent with the model law enforcement use of force policy established pursuant to this subdivision, except that such departments, county sheriffs, superintendent, commissioner and agencies that employ a peace officer may impose further and additional restrictions on the use of force, in such use of force policy or otherwise.
(4) The model law enforcement use of force policy and every use of force policy established pursuant to subparagraph three of this paragraph shall be a public document, and shall be made available without charge to any member of the public promptly upon request. Each such current use of force policy shall be conspicuously posted on the public website of the agency that adopted it. Revisions to such use of force policies shall be updated on the agency's public website within seventy-two hours of approval of any amendment.
5. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with the commissioner of the office for people with developmental disabilities, written policies and procedures consistent with section 13.43 of the mental hygiene law, regarding the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the handling of emergency situations involving individuals with autism spectrum disorder and other developmental disabilities; and
(b) Recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
6. The council shall, in addition:
(a) Develop, maintain and disseminate, in consultation with the division of human rights and the hate crime task force established pursuant to section two hundred sixteen of this chapter, written policies and procedures regarding the recognition of and response to hate crimes, as defined in article four hundred eighty-five of the penal law. Such policies and procedures shall make provisions for the education and training of new and veteran police officers on the recognition of and response to hate crimes; and
(b) Recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers. Such recommended rules and recommendations shall also be submitted to the temporary president of the senate and the speaker of the assembly.
7. The council shall, in addition:
(a) Develop, maintain and disseminate, in collaboration with the office of victim services, a model law enforcement death notification policy setting forth recommended policies and procedures regarding in-person death notifications to a deceased individual's next of kin. Such policies and procedures shall make provisions for education and training of current and new police officers in the planning, preparation, and delivery of in-person death notifications, including but not limited to, policies and procedures for:
(i) the identification of the deceased individual, the collection of accurate information regarding the deceased individual, and the identification of the deceased individual's next of kin; and
(ii) the actual delivery of in-person death notifications to the deceased's next of kin within twenty-four hours following the identification of such individual; provided, however, such policies and procedures shall provide that, in the event that an in-person death notification cannot be provided to the deceased individual's next of kin within such timeframe, the failure or delay of such notification shall be documented and such notification shall instead be made as soon as practicable.
(b) Recommend to the governor rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
(c) Disseminate the model law enforcement death notification policy promulgated in accordance with this subdivision to all police departments in this state and develop a model training program for all current and new police officers regarding the policies and procedures established pursuant to such subdivision.
§ 841. Functions, powers and duties of the commissioner with respect to the council. In addition to the functions, powers and duties otherwise provided by this article, the commissioner shall, with the general advice of the council, and, in the case of subdivisions one, two and three of this section, only in accordance with rules and regulations promulgated by the governor pursuant to section eight hundred forty-two of this article:
1. Approve police training schools administered by municipalities and issue certificates of approval to such schools, and revoke such approval or certificate;
1-a. Approve correctional training programs administered by municipalities and issue certificates of approval to such programs, and revoke such approval or certificate;
2. Certify, as qualified, instructors at approved police training schools and issue appropriate certificates to such instructors;
2-a. Certify, as qualified, instructors at approved correctional training programs and issue appropriate certificates to such instructors;
3. Certify police officers and peace officers who have satisfactorily completed basic training programs and issue certificates to such police officers and peace officers, including the issuance of equivalency certificates for basic training certificates issued to peace officers, where such officers received a certificate for successful completion of a basic training for police officers program or an approved course for state university of New York public safety officers during a period in which such peace officer was not employed as a police officer, upon demonstration of adequate equivalent training, the completion of supervised field training, requisite job-related law enforcement experience as determined by the commissioner, and if deemed necessary, the successful completion of relevant police officer training courses pursuant to section two hundred nine-q of the general municipal law;
3-a. Certify correction officers who have satisfactorily completed basic correctional training programs and issue certificates to such correction officers;
4. Cause studies and surveys to be made relating to the establishment, operation and approval of municipal police training schools and correctional training programs;
5. Consult with and cooperate with municipal police training schools and correctional training programs for the development of advanced in-service training programs for police officers, peace officers, and correction officers and issue appropriate certificates to police officers, peace officers, and correction officers, attesting to their satisfactory completion of such advanced training programs;
6. Consult with and cooperate with universities, colleges and institutes in the state for the development of specialized courses of study for police officers, peace officers, and correction officers in police science, police administration, and criminal justice;
7. Consult with and cooperate with other departments and agencies of the state concerned with police officer and peace officer training;
7-a. Consult with and cooperate with the state commission of correction and other departments and agencies of the state concerned with correction officer training;
7-b. Take such steps as may be necessary to ensure that all police officers and peace officers certified pursuant to subdivision three of this section receive appropriate instruction regarding section 60.49 of the criminal procedure law relating to the introduction of opioid antagonists into evidence in certain cases.
8. Report to the council at each regular meeting of the council and at such other times as may be appropriate; and
9. Prepare, update and distribute to appropriate law enforcement officials the form and content of the written notice required to be given to victims of family offenses pursuant to subdivision five of section eight hundred twelve of the family court act and subdivision six of section 530.11 of the criminal procedure law.
§ 841-a. Security guard advisory council. 1. There is hereby created within the division a security guard advisory council composed of seventeen members who are knowledgeable about the security guard industry. In addition, the council shall include as ex-officio non-voting members, the secretary of state and the commissioner of the division of criminal justice services, or their respective designees. All members shall be residents of the state and shall be selected as follows:
(a) eight shall be appointed by the governor, one of whom shall be a representative of a contractual security company, one of whom shall be a representative of a proprietary security company, one of whom shall be a person actively employed as a security guard for a contractual security company and one of whom shall be a person actively employed as a security guard for a proprietary security company;
(b) three shall be appointed by the governor on the recommendation of the temporary president of the senate;
(c) one shall be appointed by the governor on the recommendation of the minority leader of the senate;
(d) three shall be appointed by the governor on the recommendation of the speaker of the assembly;
(e) one shall be appointed by the governor on the recommendation of the minority leader of the assembly;
(f) one shall be appointed by the governor who shall be a full-time faculty member of a college or university who teaches and whose area of expertise is in the field of security.
2. The governor shall designate from among the members of the council a chairperson and a vice-chairperson who shall each serve at the pleasure of the governor.
3. All members of the council appointed by the governor shall be appointed for terms of three years, such terms to commence on January first, and expire on December thirty-first; provided, however, that of the members first appointed, four shall be appointed for one year terms and four shall be appointed for two year terms. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled in the same manner as original appointments. Any member may be reappointed for additional terms.
4. The council shall meet as frequently as it deems necessary but in no event less than one time in each year. Special meetings may be called by the chairperson and shall be called by him or her at the request of the governor or upon the written request of nine members of the council. The council may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that all recommendations made by the council to the governor pursuant to section eight hundred forty-one-b of this article shall require the affirmative vote of a majority of the council.
5. Membership on the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign powers of the state.
6. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.
7. No member of the council shall be disqualified from holding any public office or employment, nor shall he or she forfeit any such office or employment, by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
§ 841-b. Functions, powers and duties of council. 1. The council shall recommend to the commissioner rules and regulations with respect to:
(a) the approval, or revocation thereof, of security guard training schools and training programs;
(b) minimum courses of study duration, attendance requirements, and equipment and facilities to be required at approved security guard training schools and training programs, taking into account subject matter, the hours each subject is to be taught and special requirements unique to particular assignments, employers and work sites;
(c) minimum qualifications for instructors at approved security guard training schools and training programs; and
(d) the subject matter of all training requirements which security guards and security guard applicants must complete before being registered as unarmed and armed security guards.
2. The council may, in addition:
(a) consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in this section;
(b) recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section;
(c) visit and inspect any security guard training school approved by the commissioner or for which application for such approval has been made;
(d) make recommendations, from time to time, to the commissioner, the governor, the legislature and the secretary of state, with regard to implementation of the purposes of this section and of article seven-A of the general business law; and
(e) perform such other acts as may be necessary or appropriate to carry out the functions of the council.
§ 841-c. Functions, powers and duties of the commissioner with respect to the council. In addition to the functions, powers and duties otherwise provided by this section and article seven-A of the general business law, the commissioner shall, upon the recommendation and with the general advice of the council:
1. prescribe minimum requirements for the eight hours of pre-assignment training; the on-the-job training program to be completed within ninety working days following employment as a security guard; the forty-seven hours of firearms training for a special armed guard registration card; the eight hour annual in-service training course; and the eight hour in-service training course for armed security guards;
2. approve and certify security guard training schools, programs and courses which meet or exceed the minimum requirements prescribed pursuant to subdivision one of this section and issue certificates of approval to such schools, and revoke such approval or certificate provided, however, that the commissioner may permit any such school, program or course in existence on the effective date of this section, to remain in effect for a period of one year following the effective date;
3. certify, as qualified, instructors of security guards and issue appropriate certificates to such instructors;
4. certify security guards or applicants who have satisfactorily completed basic training programs and issue appropriate certificates to such security guards or applicants;
5. cause studies and surveys to be made relating to the establishment, operation and approval of security guard training schools and training programs;
6. consult with and cooperate with approved security guard training schools and programs for the development of advanced in-service training programs for security guards and issue appropriate certificates to security guards, attesting to their satisfactory completion of such advanced training programs;
7. consult with and cooperate with universities, colleges and institutes in the state for the development of specialized courses of study for security guards;
8. consult with and cooperate with other departments and agencies of the state concerned with security guard training;
9. consult with, cooperate with and provide technical assistance to the council and to the department of state on matters concerning security guards;
10. report to the council at each regular meeting of the council and at other such times as may be appropriate;
11. waive the training requirements as specified in article seven-A of the general business law with respect to applicants employed by a security guard company, if the security guard applicant provides appropriate documentation to demonstrate that he or she was or is subject to training requirements which meet or exceed the requirements established pursuant to such article;
12. waive the training requirements as specified in article seven-A of the general business law with respect to applicants employed by a security guard company on a proprietary basis for its own use when such company presents adequate documentation that such training is not directly relevant to the applicant's job responsibilities and such applicant does not, in the course of their employment duties:
(a) wear a uniform or other readily apparent indicia of authority; or
(b) as a requisite of employment, carry a gun, and
(c) have interactions with the public or expend a majority of the time spent in their employment duties in contract with the public; and
13. in consultation with the council, adopt and promulgate any rules and regulations necessary to implement the provisions of this section and sections eight hundred forty-one-a and eight hundred forty-one-b of this article and or article seven-A of the general business law.
§ 841-d. Saving clause. In case it be judicially determined that any phrase, clause, part, paragraph or section of any of the provisions of section eight hundred forty-one-a, eight hundred forty-one-b, or eight hundred forty-one-c of this article is unconstitutional or otherwise invalid, such determination shall not affect the validity or effect of the remaining provisions of the aforementioned sections.
§ 842. Council rules and regulations promulgated by governor. The governor, in his discretion, may adopt and promulgate any or all of the rules and regulations recommended by the council to the governor pursuant to subdivision one of section eight hundred forty. When the governor promulgates any rule or regulation recommended by the council, he shall transmit a certified copy thereof to the secretary of state, in accordance with the requirements of subdivision one of section one hundred two, including a statement as to the effective date of such rules or regulations.
§ 843. Division homepage on the internet. 1. Definitions. For the purposes of this section the following terms shall have the following meanings:
(a) "Internet" shall mean an international computer network of both federal and non-federal interoperable packet switched data networks which users may access through a service provider.
(b) "Homepage" shall mean an individual site or address of a document or file where particular information can be located.
2. The commissioner shall construct, operate and maintain a homepage on the internet for the purpose of providing a mechanism for the wide dissemination of information relating to criminal justice issues.
3. The homepage directed to be created by this section shall include pictures and such other information as the commissioner deems necessary pertaining to missing children who resided in New York at the time of their disappearance or whose parent, parents or legal guardian currently reside in New York state.
4. Such homepage shall also contain pictures and information regarding the ten most wanted criminals in New York state as determined by the superintendent of state police.
5. Such homepage shall also contain the subdirectory maintained pursuant to section one hundred sixty-eight-q of the correction law.
6. The commissioner shall promulgate rules and regulations necessary to carry out the provisions of this section. Such rules and regulations shall include procedures for determining whether issues of confidentiality or constitutionality exist with regard to any information proposed to be included on the homepage created by the division. Where there is a question as to whether the dissemination of certain information by the state would be a violation of confidentiality or of an individual's constitutional rights, such information shall not be included on the division's homepage.
§ 844-b. New York state committee for the coordination of police services to elderly persons. 1. Establishment of the committee. There is hereby established within the division the "New York state committee for the coordination of police services to elderly persons", hereinafter the "committee".
2. Membership of committee. (a) The committee shall consist of a representative of the commissioner, representative of the superintendent of the New York state police, two representatives of the New York state sheriffs association, two representatives of the New York state association of chiefs of police, two representatives of the New York state district attorneys' association, a representative of the attorney general, a representative of the director of the office of victim services, a representative of the director of the state office for the aging, a representative of the commissioner of social services, a representative of the commissioner of the New York city police department, a representative of the New York state crime prevention coalition and two elderly representatives one to be appointed by the temporary president of the senate and the other by the speaker of the assembly. The commissioner shall make appointments to the committee in accordance with nominations submitted by the relevant agencies or organizations. Each member of the committee shall be appointed by the commissioner to serve a two year term. Any member appointed by the commissioner may be reappointed for additional terms. Any vacancies shall be filled in the same manner as the original appointment and vacancies created otherwise than by expiration of term shall be filled for the remainder of that unexpired term.
(b) In the performance of its functions, the committee shall, to the extent possible, solicit the participation and involvement of retired law enforcement personnel.
(c) The representative of the commissioner and the superintendent of the state police shall serve as co-chairpersons of the committee.
(d) Membership of the committee shall not constitute the holding of a public office, and members of the committee shall not be required to take and file oaths of office before serving on the committee.
(e) The members of the committee shall receive no compensation for their services as members.
(f) No member of the committee shall be disqualified from holding any public office or employment, nor shall any member forfeit any employment or office by reason of his or her membership on the committee.
(g) The committee shall meet as often as deemed necessary, but in no event less than two times per year.
3. Duties and responsibilities. The committee shall advise the division, the state police, county sheriffs and other local law enforcement agencies, and senior advocates chosen in consultation with the state office for the aging, in the study and evaluation of effective responses, including "Triad Programs," to the problems of crime against elderly persons. The committee may also consult with experts, service providers and representative organizations engaged in the protection of the elderly and may recommend the development of programs, including "Triad Programs", in the state of New York to assist the elderly to avoid criminal victimization through the coordinated efforts of state and local law enforcement agencies and organizations which provide services for the elderly. The committee may also recommend policies and programs to assist law enforcement agencies to implement such programs, including training and prevention standards and technical assistance. Such recommendations may include the following:
(a) the establishment of statewide and central clearinghouse for information and education materials;
(b) the development of innovative community police programs for the elderly;
(c) providing assistance to the municipal police training council in the development and delivery of training to law enforcement professionals involved in the "Triad Programs" including, but not limited to, the subjects of:
(i) crimes against the elderly and the protection of elderly persons;
(ii) police sensitivity to the needs of elderly persons as victims and witnesses;
(iii) social and human services;
(d) providing assistance to state and local law enforcement officials and to not-for-profit corporations, organizations with respect to effective policies and responses to crimes against elderly persons;
(e) promoting and facilitating cooperation among state agencies and local units of government;
(f) effective advocacy of services to protect elderly persons and elderly victims of crime;
(g) evaluating the relationship between crimes against elderly persons and other problems confronting elderly persons, and making recommendations for effective policy response;
(h) the collection of statistical data and research; and
(i) rules and regulations as may be necessary to carry out the purposes of this section.
3-a. Reports. On or before March first, nineteen hundred ninety-eight and annually thereafter the committee shall report to the temporary president of the senate, the speaker of the assembly, the chair of the assembly committee on aging and the chair of the senate committee on aging, on the incidence of reports of abuse of elderly persons. Such report shall consist of information from reports forwarded to the committee by local law enforcement agencies pursuant to section 140.10 of the criminal procedure law including number of reported incidents, ages of victims and alleged offenders, circumstances of the incident whether arrests were made and the sentence, if any, of the offenders. Such report shall also recommend policies and programs to aid law enforcement agencies, the courts and the New York state office of victim services in efforts to assist elder victims of domestic violence. The report shall also include recommendations designed to assist law enforcement agencies in implementing "Triad Programs".
4. Definition. As used in this section, the term "Triad Program" shall mean the triad cooperative model developed by the American Association of retired Persons, the National Sheriffs' Association and the International Association of Chiefs of Police which calls for the participation of the sheriff, at least one police chief, and a representative of at least one senior citizens' organization within a county and may include participation by general service coalitions of law enforcement, victim service, and senior citizen advocate organizations.
If there is not both a sheriff and a police chief in a county or if the sheriff or a police chief do not participate, a Triad may include in the place of the sheriff or police chief another key law enforcement official in the county such as a district attorney.
§ 845. Central state registry of police officers and peace officers. 1. The division shall collect information to maintain, on a current basis, a registry of all police officers and peace officers in the state. Such registry shall contain, with respect to each officer, his or her name, date of birth, social security number, rank or title, employer, and date of successful completion of training required by section 2.30 of the criminal procedure law and section two hundred nine-q of the general municipal law.
2. (a) Each head of a state or local agency, unit of local government, state or local commission, public authority or other organization which employs police officers or peace officers shall transmit to the division, no later than the fifteenth day of January annually, and in a form and manner prescribed by the division, a list containing the name of every police officer or peace officer employed by his or her agency, government, commission, authority or organization indicating with respect to each officer his or her date of birth, social security number, rank or title, employer, and whether he is employed full-time or part-time. In addition to such annual list, each such head, whenever officers have been newly appointed or have ceased to serve, shall immediately transmit to the division, in a form and manner prescribed by the division, a list containing the names of such officers which, in the instance of new appointees, shall include all the information required to be furnished in the annual listing.
(b) Whenever officers have ceased to serve, each such head shall immediately transmit to the division, in a form and manner prescribed by the division, notification that any such officer has ceased to serve due to a leave of absence, resignation, removal, removal for cause, or removal during a probationary period.
3. (a) The division shall establish rules and regulations to provide for a permanent system of identification for each police and peace officer, which shall include procedures for updating the registry upon an officer's failure to complete required training within the time limitations established in law or regulation.
(b) Such rules and regulations shall also establish procedures, in accordance with the state administrative procedure act, for a process as described in this paragraph. When it shall appear to the commissioner or the commissioner's designee that a notification of the reason such an officer ceased to serve, received by the commissioner pursuant to paragraph (b) of subdivision two of this section, is inaccurate in a material respect, the commissioner shall attempt to resolve such discrepancy by contacting the head of the office that submitted such notification. If such informal efforts do not resolve the discrepancy promptly, the commissioner may issue a notice to such head and the officer who is the subject of such notification of an inquiry into the accuracy of such record. After notice and an opportunity for each to be heard, if the commissioner finds such record to be inaccurate with respect to such matter in a material respect, the commissioner shall provide notice of such determination to each of them and, pursuant to such determination, may correct such record. The commissioner shall maintain a clear documentary record of both the original record and the correction made.
4. Upon the failure or refusal to comply with the requirements of subdivision two of this section, the commissioner may apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
5. The division shall cooperate with the division of state police in making the information in the central registry of police and peace officers available for the purpose of verifying transactions involving firearms.
§ 845-a. Presentment of flags lowered to half-staff in memorial of the death of any police officer or peace officer. In the event the governor orders the flags of the United States and the State of New York to be lowered to half-staff, in memorial of the death of any police officer or peace officer identified in the central state registry of police officers and peace officers established pursuant to section eight hundred forty-five of this article, the commissioner shall, in cooperation with the office of general services, arrange for the procurement of a flag of the United States and a flag of the State of New York, which were flying over the capitol building at the time such flags were lowered to half-staff in compliance with the governor's order. Upon the procurement of such flags, the commissioner, or his or her representative, shall offer the presentment of such flags, without cost, to the person designated to dispose of the remains of the officer, in whose honor such flags were lowered in memorial.
§ 845-b. Requests for criminal history information. 1. Definitions. As used in this section:
(a) "Authorized agency" means a state agency authorized to check criminal history information pursuant to subdivision two of this section.
(b) "Authorized person" means the one individual designated by a provider who is authorized to request, receive and review criminal history information pursuant to this section, except that where the number of applications received by a provider is so great that one person cannot reasonably perform the functions of the authorized person, a provider may designate one or more additional persons to serve as authorized persons pursuant to this section.
(c) "Criminal history information" means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed pursuant to subdivision two of section seven hundred five of the correction law, and which the division is authorized to maintain pursuant to subdivision six of section eight hundred thirty-seven of this article. For the purposes of criminal history information checks authorized pursuant to article twenty-eight-E of the public health law, criminal history information shall also include information from the federal bureau of investigation as a result of a national criminal history record check.
(d) "Subject individual" means a person for whom a provider is authorized to request a check of criminal history information pursuant to subdivision two of this section.
(e) "Provider" means a person or entity authorized to request a check of criminal history information pursuant to subdivision two of this section.
2. Where a provider is authorized or required to request a check of criminal history information by an authorized agency pursuant to section 16.33 or 31.35 of the mental hygiene law, article twenty-eight-E of the public health law or subdivision one of section three hundred seventy-eight-a of the social services law, such provider shall proceed pursuant to the provisions of this section and in a manner consistent with the provisions of article twenty-three-A of the correction law, subdivisions fifteen and sixteen of section two hundred ninety-six of this chapter and all other applicable laws.
3. Procedures for criminal history information check requests by providers. (a) A provider authorized to request a check of criminal history information pursuant to subdivision two of this section shall designate one authorized person who shall request a check of criminal history information on behalf of such provider pursuant to this section and review the results of such check. Only such authorized person or his or her designee and the subject individual to whom such criminal history information relates shall have access to such information; provided, however, that criminal history information received by a provider may be disclosed to other persons who are directly participating in any decision in regard to such subject individual; and provided, further, that such other persons shall also be subject to the confidentiality requirements and all other provisions of this section. In the case of requests made pursuant to article twenty-eight-E of the public health law, only information authorized for disclosure under applicable federal laws shall be transmitted to the provider. Each provider shall specifically identify to the authorized agency in writing, in advance of disclosure, the authorized person and each other such agent or employee of the provider who is authorized to have access to the results of a check of criminal history information pursuant to this section. Any person who willfully permits the release of any confidential criminal history information contained in the report to persons not permitted by this section to receive such information shall be guilty of a misdemeanor.
(b) A provider requesting a check of criminal history information pursuant to this section shall do so by completing a form established for such purpose by the authorized agency in consultation with the division. Such form shall include a sworn statement of the authorized person certifying that:
(i) the person for whose criminal history information a check is requested is a subject individual for whom criminal history information is available by law;
(ii) the specific duties which qualify the provider to request a check of criminal history information;
(iii) the results of such criminal history information check will be used by the provider solely for purposes authorized by law; and
(iv) the provider and its agents and employees are aware of and will abide by the confidentiality requirements and all other provisions of this article.
(c) A provider authorized to request a criminal history information check pursuant to this section may inquire of a subject individual in the manner authorized by subdivision sixteen of section two hundred ninety-six of this chapter. Prior to requesting such information, a provider shall:
(i) inform the subject individual in writing that the provider is authorized or, where applicable, required to request a check of his or her criminal history information and review the results of such check pursuant to this section;
(ii) inform the subject individual that he or she has the right to obtain, review and seek correction of his or her criminal history information under regulations and procedures established by the division;
(iii) obtain the signed, informed consent of the subject individual on a form supplied by the authorized agency which indicates that such person has:
A. been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information;
B. been informed of the reason for the request for his or her criminal history information;
C. consented to such request for a report; and
D. supplied on the form a current mailing or home address.
Upon receiving such written consent, the provider shall receive or obtain two sets of fingerprints of such subject individual pursuant to such regulations as may be necessary to be established by the authorized agency in consultation with the division, and promptly transmit them to the authorized agency.
(d) A subject individual may withdraw his or her application for employment pursuant to this section, without prejudice, at any time before employment is offered or declined, regardless of whether the subject individual or provider has reviewed such subject individual's criminal history information.
4. Procedures for criminal history information checks by authorized agencies. (a) The authorized agency shall pay the processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of this article, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, any fee imposed by the federal bureau of investigation, and shall promptly submit the fingerprints and the processing fee to the division for its full search and retain processing, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, the division shall immediately forward the fingerprints to the federal bureau of investigation for a national criminal history record check. The authorized agency may charge a provider a fee in amount no greater than the fee established pursuant to law by the division for processing such a criminal history information check, in such amounts as may be established by the authorized agency and approved by the director of the division of the budget, and in the case of the authorized agency pursuant to article twenty-eight-E of the public health law, a fee no greater than any fee imposed by the federal bureau of investigation. Nothing in this section shall prohibit the authorized agency or provider from claiming the cost of such fees and related costs, including administrative costs, as a reimbursable cost under the medical assistance program, Medicare or other payor, to the extent permitted by state and federal law.
(b) The division shall promptly provide requested state criminal history information to the authorized agency and, in accordance with article twenty-eight-E of the public health law, the department of health is authorized also to receive criminal history information from the federal bureau of investigation, after the receipt of a request pursuant to this section if such request is:
(i) made pursuant to a request by an authorized person on behalf of a provider authorized to make such a request pursuant to subdivision two of this section;
(ii) accompanied by the completed form described in this section; and
(iii) accompanied by fingerprints of the subject individual obtained pursuant to this section.
(b-1) The division shall promptly forward a set of the subject individual's fingerprints to the federal bureau of investigation for the purpose of a nationwide criminal history record check to determine whether such applicant has been convicted of a criminal offense in any state or federal jurisdiction. The division shall forward the results of such nationwide search to the authorized agency in the same form and manner as the criminal history report created and provided by the division pursuant to this section.
(c) Criminal history information provided by the division pursuant to this section shall be furnished only by mail or other method of secure and confidential delivery, addressed to the authorized agency. Such information and the envelope in which it is enclosed, if any, shall be prominently marked "confidential", and shall at all times be maintained by the authorized agency in a secure place.
5. After reviewing any criminal history information provided by the division concerning a subject individual, the authorized agency shall take the following actions:
(a) Where the criminal history information concerning a subject individual reveals a felony conviction at any time for a sex offense, a felony conviction within the past ten years involving violence, or a conviction pursuant to section 260.00, 260.25, 260.32 or 260.34 of the penal law, and in the case of criminal history information obtained pursuant to section twenty-eight hundred ninety-nine-a of the public health law, where the criminal history information concerning a subject individual reveals a conviction at any time of any class A felony; a conviction within the past ten years of any class B or C felony, any class D or E felony defined in article one hundred twenty, one hundred thirty, one hundred fifty-five, one hundred sixty, one hundred seventy-eight or two hundred twenty of the penal law; or any crime defined in section 260.32 or 260.34 of the penal law; or any comparable offense in any other jurisdiction, the authorized agency shall deny or disapprove the application for or renewal of the operating certificate, contract, approval, employment of the subject individual or other authorization to provide services, or direct the provider to deny employment, as applicable, unless the authorized agency determines, in its discretion, that approval of the application or renewal or employment will not in any way jeopardize the health, safety or welfare of the beneficiaries of such services.
(b) Where the criminal history information concerning a subject individual reveals a conviction for a crime other than one set forth in paragraph (a) of this subdivision, the authorized agency may deny the application or renewal, or direct the provider to deny employment of the subject individual, or approve or disapprove the prospective employee's eligibility for employment by the provider, consistent with article twenty-three-A of the correction law.
(c) Where the criminal history information concerning a subject individual reveals a charge for any felony, the authorized agency shall, and for any misdemeanor, the authorized agency may hold the application, renewal or employment in abeyance until the charge is finally resolved.
(d) Prior to making a determination to deny an application or renewal, or directing an employer to deny employment, the authorized agency shall afford the subject individual an opportunity to explain, in writing, why the application should not be denied.
(e) Upon receipt of criminal history information from the division, the authorized agency may request, and is entitled to receive, information pertaining to any crime identified in such criminal history information from any state or local law enforcement agency, district attorney, parole officer, probation officer or court for the purposes of determining whether any ground relating to such crime exists for denying an application, renewal, or employment.
(f) The authorized agency shall thereafter promptly notify the provider concerning whether its check has revealed any criminal history information, and if so, what actions shall or may be taken by the authorized agency and the provider.
(g) Where the authorized agency denies the application for or renewal of an operating certificate, contract, approval or other authorization to provide services, or directs a provider to deny employment of the subject individual on account of the subject individual's criminal history information, the notification by the authorized agency shall include a summary of the criminal history information provided by the division.
(h) Where the authorized agency directs a provider to deny employment based on criminal history information, the provider must notify the subject individual that such information is the basis of the denial.
6. Upon request from an employee who has already been cleared for employment by an authorized agency and who subsequently leaves a particular employer and applies for employment with another, the authorizing agency shall adhere to its previous authorization when the criminal history information is unchanged and the circumstances of employment are substantially similar for the purposes of this section.
7. Any criminal history information provided by the division, and any summary of the criminal history information provided by the authorized agency to an employer pursuant to this section is confidential and shall not be available for public inspection; provided, however, nothing in this subdivision shall prevent an authorized agency or provider from disclosing criminal history information at any administrative or judicial proceeding relating to the denial or revocation of an application, employment, license or registration. Where the authorized agency denies the application for or renewal of an operating certificate, contract, approval or other authorization to provide services, or directs a provider to deny employment of the subject individual, the subject of the criminal history information check conducted pursuant to this section shall be entitled to receive, upon written request, a copy of the summary of the criminal history information provided by the authorized agency to the provider.
8. A provider shall advise the authorized agency when a subject individual is no longer subject to such check. The authorized agency shall inform the division when a subject individual is no longer subject to such check so that the division may terminate its retain processing with regard to such individual. At least once a year, the authorized agency shall be required to conduct a validation of the records maintained by the division, including information obtained from the federal bureau of investigation pursuant to article twenty-eight-E of the public health law and provide such results to the authorized agency for purposes of updating the permanent record of such criminal history information results.
9. Provided that an authorized agency or a provider reasonably and in good faith complies with the provisions of this section, there shall be no criminal or civil liability on the part of and no cause of action for damages shall accrue against any authorized agency, provider or employee thereof on account of, arising out of or relating to criminal history information pursuant to this section, or any act or omission relating to criminal history information pursuant to this section.
10. Fingerprints received by the division pursuant to this section shall be used only to assist the division in providing criminal history information to authorized agencies under this section.
11. An authorized agency or provider authorized to request criminal history information pursuant to this section may temporarily approve an applicant while the results of the criminal history information check are pending, so long as such person does not have unsupervised physical contact with clients, as shall be defined by the authorized agency pursuant to regulation; provided however, that providers subject to the provisions of subdivision ten of section twenty-eight hundred ninety-nine-a of the public health law shall be subject to the supervision requirements provided therein. Such regulation shall recognize the differences in the staffing patterns of various service models and the supervision required to ensure the safety of clients.
12. The authorized agency in consultation with the commissioner shall promulgate any rules and regulations necessary to implement the provisions of this section, which shall include convenient procedures for persons to promptly verify the accuracy of their criminal history information and, to the extent authorized by law, to have access to relevant documents related thereto.
§ 845-c. Criminal history record searches; undisposed cases. 1. When, pursuant to statute or the regulations of the division, the division conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases contained in such criminal history record shall be excluded from such report.
2. For purposes of this section, "undisposed case" shall mean a criminal action or proceeding identified in the division's criminal history record repository, for which there is no record of an unexecuted warrant of arrest, superior court warrant of arrest, or bench warrant, and for which no record of conviction or imposition of sentence or other final disposition, other than the issuance of an apparently unexecuted warrant, has been recorded and with respect to which no entry has been made in the division's criminal history records for a period of at least five years preceding the issuance of such report. When a criminal action in the division's criminal history record repository becomes an undisposed case pursuant to this section, and the action involves class A charges, charges under article one hundred twenty-five of the penal law, or felony charges under article one hundred thirty of the penal law, the division shall notify the district attorney in the county which has jurisdiction. If the district attorney notifies the division that such case is pending and should not meet the definition of an undisposed case, the case shall not be excluded from such report. If the division does not receive a response from the district attorney within six months of providing notice, the case shall be excluded from such report.
3. The provisions of subdivision one of this section shall not apply to criminal history record information: (a) provided by the division to qualified agencies pursuant to subdivision six of section eight hundred thirty-seven of this article, or to federal or state law enforcement agencies, for criminal justice purposes; (b) prepared solely for a bona fide research purpose; or (c) prepared for the internal record keeping or case management purposes of the division.
§ 845-d. Criminal record searches: reports for civil purposes. 1. When, pursuant to statute or the regulations of this division, the division conducts a search of its criminal history records for civil purposes, and returns a report therein, it shall only report any criminal convictions, and any criminal arrests and accompanying criminal actions which are pending.
2. The provisions of subdivision one of this section shall not apply to criminal history records: (a) provided by the division to qualified agencies as defined in subdivision nine of section eight hundred thirty-five of this article; (b) provided to federal or state law enforcement agencies; (c) prepared solely for a bona fide research purpose; or (d) prepared for the internal record keeping or case management purposes of the division.
3. Nothing in this section shall authorize the division to provide criminal history information that is not otherwise authorized by law or that is sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of the criminal procedure law.
* § 846. Programs for the aging. To provide that the interests of the elderly are sufficiently represented in the considerations of the local criminal justice coordinating councils, as may be formed pursuant to the federal omnibus crime control and safe streets act of nineteen hundred sixty-eight, as amended, such councils shall include at least one member who is a representative of persons aged sixty and over.
* NB There are 2 § 846's
* § 846. Programs for the aging. 1. The division, in consultation with the state office for the aging, shall take all necessary and appropriate measures to develop, plan, provide, and implement programs for the protection of persons aged sixty and over, hereafter referred to in this section as elderly persons, from situations and criminal acts which threaten their safety, security, and property, within the resources available to such agencies for such purposes.
2. Pursuant to the requirements of subdivision one of this section, the division, in consultation with the municipal police training council and the New York state committee for the coordination of police services for the elderly, shall develop an in-service training program, designed to address the problems associated with the investigation of crimes against elderly persons, and to reduce the criminal victimization of the elderly and issue an appropriate certificate to such officers attesting to their satisfactory completion of such special training program.
* NB There are 2 § 846's
