New York State - Executive - EXC - Article 36
ARTICLE 36 NEIGHBORHOOD PRESERVATION CRIME PREVENTION ACT
Section 846-a. Short title.
846-b. Definitions.
846-c. Contracts with companies.
846-d. Payments to companies for the performance of company activities.
846-e. Periodic review of contract performance; renegotiation and termination of contract.
846-f. Technical services and assistance to companies.
846-g. Rules and regulations to be promulgated by the commissioner.
846-h. Law enforcement agency accreditation council; membership; organization and procedure.
§ 846-a. Short title. This article shall be known and may be cited as the "neighborhood preservation crime prevention act".
§ 846-b. Definitions. As used in this article, the following words and phrases shall have the following meanings:
1. "Commissioner" shall mean the commissioner of the division of criminal justice services.
2. "Division" shall mean the division of criminal justice services.
3. "Municipality" shall mean any city, town or village, incorporated or unincorporated, within the state of New York.
4. "Company" shall mean any organization, incorporated or unincorporated, organized exclusively for a purpose or purposes, not for pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to, or inures to the benefit of, its members, directors (or their equivalent) or officers except to the extent permitted by law, and which is engaged in one or more of the company activities specified in subdivision five of this section.
5. "Company activities" shall mean activities of neighborhood preservation crime prevention, geared towards the heightened awareness and practice of community members in techniques stressing the reduction of opportunities for crimes to occur and the increased possibility of police apprehension of criminals. Company activities should also seek to develop and strengthen a sense of neighborhood identity and a constructive attitude in that neighborhood. Activities may include, but not be limited to, tenant-lobby patrols, auto patrols, street-foot patrols, home and business security surveys, and dispersal of crime prevention literature and equipment; provided, however, that nothing contained herein shall be interpreted to authorize the possession, carrying, use or dissemination of firearms or other deadly weapons regardless of whether the appropriate license has been issued for such activity. Activities may also include the involvement of senior citizens and youth in escort services, auxiliary police services and the utilization of community outreach through publicity of approved anti-crime techniques. All activities must have prior approval from the division.
§ 846-c. Contracts with companies. 1. The commissioner may enter into contracts, either on his own initiative, or upon application of a company or the municipality having jurisdiction over such company, for the performance of company activities. Such contracts shall be entered into, however, only after appropriate findings by the commissioner, subject to the limitations hereinafter set forth.
2. Prior to entering into, renewing, extending or replacing a contract with a company, the commissioner shall have made a finding that said company which proposes to contract with the commissioner is a bona fide organization which shall have been in existence for at least one full year within a three year period immediately prior to application for funding. Its existence shall have been as a corporation or an unincorporated, organized group which has demonstrated by its activities that it has the ability to establish and maintain tenant-lobby, street-foot patrols, or auto patrols or other approved activities in the proposed neighborhood. The commissioner shall also find that the activities proposed are needed by the neighborhood and that the proposed activities utilize resident involvement to the fullest extent possible. A finding shall also be made as to the ability of the company to acquire or gain access to the requisite staff, office facilities, and expertise to enable it to perform the activities which it proposes to undertake pursuant to said contract.
3. a. In determining whether to enter into, renew, extend or replace a contract with a company pursuant to this article, the commissioner shall investigate, to the extent deemed necessary or appropriate, and establish that:
(i) the geographic boundaries proposed by the applicant for such a contract define a recognized or established neighborhood or area within the municipality;
(ii) the activities proposed by the company are reasonably calculated to have a generally positive effect on the prevention of crime and on the reduction of the fear of crime within the neighborhood and are designed to provide additional and particular focus when necessary to address the needs of senior citizens with respect thereto;
(iii) the presence of the company within the neighborhood has not resulted in and will not result in a decrease in the crime prevention activities performed by existing police agencies in such neighborhood;
(iv) the company has coordinated and will continue to coordinate its activities with existing police agencies;
(v) the company's officers, directors and members represent the residents and the legitimate interests of the neighborhood, and they will carry out such a contract in a responsible manner;
(vi) a majority of the directors of the company are residents of the neighborhood;
(vii) the plan submitted by the company demonstrates that the company will recruit and utilize neighborhood volunteers and will, to the extent possible, acquire loaned or donated equipment for the performance of its activities;
(viii) the commissioner shall also find that the plan submitted by the company demonstrates that such company when hiring employees will give priority, to the extent possible, to residents of the neighborhood who are either unemployed or not fully employed.
b. Nothing contained within the contract shall impose liability upon the division or the community for injury incurred during the performance of any approved activities.
4. Contracts entered into hereunder with companies shall be limited in duration to periods of one year, but may thereafter be renewed, extended, or succeeded by new contracts from year to year in the discretion of the commissioner for up to an aggregate of four additional years. Contract awards shall be limited in amount to the sum of sixty thousand dollars in a single year. Each company shall also define with particularity the neighborhood or portion thereof within which the company's activities shall be performed under such contract. The contract shall also set forth the company's obligations to provide training in approved crime prevention techniques, and in community relations, to those who shall perform crime prevention activities for the company.
5. Every such contract shall provide that the company shall maintain books, records and accounts deemed appropriate and open to review by the commissioner and that such accounts shall be currently maintained in conformance with generally accepted accounting principles and practices.
6. Nothing within this article shall preclude a municipality from applying to or contracting with the commissioner on behalf of qualifying auxiliary police services.
§ 846-d. Payments to companies for the performance of company activities. 1. Each contract entered into with a company shall provide for payment to such company for approved activities to be performed by it.
2. Payment to companies pursuant to this article shall be restricted to sums required for the payment of salaries and wages of employees, and for the purchase of necessary equipment for the execution of approved activities. Nothing contained herein shall be interpreted to authorize expenditures leading to the possession, utilization, carrying, or dissemination of firearms or other deadly weapons, regardless of whether the appropriate license has been issued for same. Qualifying equipment expenditures may include, but shall not be limited to, locks and audio warning devices for use by financially needy, victim-prone residents, patrol vehicles (for the exclusive use of volunteers), radios, signs, gasoline, support services for crime victims, publicity and office supplies. Authorized expenditures may not include salaries of, or fees for, the hiring of private guards or charges for or expenses incurred for the use of vehicles for private guards.
3. Payments shall be made by the division to a company, not less frequently than quarter-annually to compensate such company for the company activities which it shall undertake to perform.
4. No company receiving payments from any other funds of the state for activities performed by it under the contract shall receive or be eligible to receive payments pursuant to this article. To the extent other state funds are received in violation of this subdivision payments otherwise due under this article shall be accordingly reduced.
§ 846-e. Periodic review of contract performance; renegotiation and termination of contract. The division shall, by regulation hereinafter promulgated, provide for the review, at periodic intervals, which shall as far as possible be coincidental with payment periods, of the performance of companies under their respective contracts with the commissioner. Such reviews shall, among other things, be for the purposes of ascertaining the quality and quantity of the company activities performed, the conformity thereof to contract provisions and the financial integrity and efficiency of the company. Contracts may be terminated by the commissioner upon a finding of substantial non-performance or other breach by the company, and contracts shall be modified and renegotiated, from time to time, in light of the actual performance, new or changed conditions, or otherwise.
§ 846-f. Technical services and assistance to companies. The division shall render to companies such technical services and assistance as it may possess or as may be available to it to enable such companies to comply with the intent and provisions of this article. The division is authorized to take all steps necessary to encourage the formation, organization and growth of new companies. The division may also, contract with municipal and other public agencies and with private persons, firms and corporations for the provision of such technical services and assistance which may include: preparation and submission of proposals for entering into contracts with the commissioner by qualifying companies; preparation and submission of reports required under such contracts or regulations issued by the commissioner by qualifying companies; internal organization and management of the companies; recruitment and training of personnel of the companies; preparation of plans and projects, negotiation of agreements and compliance with requirements of programs in which companies may become engaged in the course of their company activities; and other technical advice or assistance relating to the performance or rendition of company activities.
§ 846-g. Rules and regulations to be promulgated by the commissioner. The commissioner shall issue and promulgate rules and regulations for the administration of this article, which shall include provisions concerning requirements as to eligibility for contracting with the commissioner; the form of applications for contracts; supervision and evaluation of companies; reporting, budgeting and record keeping requirements; provisions for renegotiation, modification, termination, extension and renewal of contracts; provisions for technical services and assistance to companies and such other matters not inconsistent with the purposes and provisions of this article as the commissioner shall deem necessary, proper or appropriate. The division shall cooperate with all applicants for funding as set forth in this article.
§ 846-h. Law enforcement agency accreditation council; membership; organization and procedure. 1. (a) There shall be, within the division, a law enforcement agency accreditation council.
(b) The council shall develop model standards for law enforcement agencies. Such standards shall be designed:
(i) To increase the effectiveness and efficiency of law enforcement agencies in the delivery of law enforcement services utilizing existing personnel, equipment and facilities to the extent possible;
(ii) To promote increased cooperation and coordination among law enforcement agencies and other agencies of the criminal justice system;
(iii) To ensure the appropriate training of law enforcement personnel, not inconsistent with other provisions of law; and
(iv) To promote public confidence in law enforcement agencies.
(c) The council shall recommend rules and regulations establishing an accreditation process that encourages and provides law enforcement agencies with a voluntary opportunity to demonstrate that they meet the model standards developed by the council. The accreditation process shall provide that applications for accreditation shall be submitted by the chief law enforcement officer of the agency so applying only upon the approval of the chief elected officer, or if there is no chief elected officer, by the local governing body. Such model standards and rules and regulations shall be transmitted to the temporary president of the senate, the speaker of the assembly, every law enforcement agency, mayor and appropriate town and county official in the state on or before April first, nineteen hundred eighty-nine. The rules and regulations in final form shall be transmitted to the governor on or after June first, nineteen hundred eighty-nine and shall be effective following their approval by the governor.
* (d) The council shall create a mandatory certification process for agencies employing police officers, as defined in paragraphs (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s) and (u) of subdivision thirty-four of section 1.20 of the criminal procedure law. Such certification process shall include the promulgation of mandatory standards for hiring practices, which shall incorporate the rules and regulations promulgated by the municipal police training council pursuant to subdivisions two and two-b of section eight hundred forty of this chapter, as well as the reporting requirements under subdivision two of section eight hundred forty-five of this chapter and subdivision five of section seventy-five of this chapter, as may be applicable to such agencies and their personnel.
* NB Effective October 16, 2023
* (e) The council may, on its own or upon referral from the commissioner, revoke or withhold the granting of the certification under paragraph (d) of this subdivision for an agency that fails to adhere to the mandatory standards for hiring practices or reporting requirements of such paragraph.
* NB Effective October 16, 2023
2. (a) The law enforcement agency accreditation council shall consist of:
(i) Two incumbent sheriffs of the state;
(ii) Two incumbent chiefs of police;
(iii) One incumbent deputy sheriff;
(iv) One incumbent police officer;
(v) The superintendent of state police;
(vi) The commissioner of police of the city of New York;
(vii) One incumbent chief executive officer of a county of the state;
(viii) One incumbent mayor of a city or village of the state;
(ix) One incumbent chief executive officer of a town of the state;
(x) One member of a statewide labor organization representing police officers as that term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
(xi) One full-time faculty member of a college or university who teaches in the area of criminal justice or police science;
(xii) Two members appointed pursuant to subparagraph (ix) of paragraph (c) of this subdivision;
(xiii) One 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;
(xiv) One incumbent sheriff in the state from an agency with more than one hundred deputy sheriffs;
(xv) One representative of victims of crime; and
(xvi) One representative from a community with high numbers of police an community interactions.
(b) With the exception of the superintendent of state police and the commissioner of police of the city of New York, each member of the council shall be appointed by the governor to serve a two-year term. Any member appointed by the governor may be reappointed for additional terms.
(c) The governor shall make appointments to the council as follows:
(i) Each member who is an incumbent sheriff of the state shall be chosen from a list of two eligible persons submitted by the New York state sheriffs' association;
(ii) Each member who is an incumbent chief of police shall be chosen from a list of two eligible persons submitted by the New York state association of chiefs of police;
(iii) The member who is an incumbent deputy sheriff shall be chosen from a list of two eligible persons submitted jointly by the New York state sheriffs' association and the New York state deputy sheriffs' association, inc.;
(iv) The member who is an incumbent police officer shall be chosen from a list of two eligible persons submitted jointly by the New York state association of chiefs of police and a statewide labor organization representing police officers as that term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
(v) The member who is an incumbent chief executive officer of a county of the state shall be chosen from a list of two eligible persons submitted by the New York state association of counties;
(vi) The member who is an incumbent mayor of a city or village of the state shall be chosen from a list of two eligible persons submitted by the New York state conference of mayors;
(vii) The member who is an incumbent chief executive officer of a town of the state shall be chosen from a list of two eligible persons submitted by the association of towns of the state of New York;
(viii) The governor may appoint any eligible person to be a member who is an active member of a statewide labor organization representing police officers;
(ix) The temporary president of the senate and the speaker of the assembly shall each nominate one member as provided in subparagraph (xii) of paragraph (a) of this subdivision; and
(x) the members who are listed in subparagraphs (xiii), (xiv), (xv), and (xvi) of paragraph (a) of this subdivision shall be appointed by the governor.
(d) In making such appointments, the governor shall select individuals from municipalities that are representative, to the extent possible, of the varying sizes of communities and law enforcement agencies in the state.
(e) Any member chosen to fill a vacancy, including a vacancy in the chairperson, created otherwise than by expiration of term shall be appointed by the governor for the unexpired term of the member he is to succeed. Any such vacancy shall be filled in the same manner as the original appointment.
(f) Any member who shall cease to hold the position which qualified him for such appointment shall cease to be a member of the council.
3. Each member of the council shall have one vote, which shall not be transferrable; provided, however, that the superintendent of state police may designate a deputy superintendent to attend meetings as his representative and cast his vote and the commissioner of police of the city of New York may designate his first deputy commissioner, chief of department or one of the five bureau chiefs to attend meetings as his representative and cast his vote.
4. The governor shall designate from among the members of the council a chairperson who shall serve at the pleasure of the governor. During a vacancy of the chairperson the commissioner of the division of criminal justice services shall serve as the temporary chairperson.
5. The law enforcement agency accreditation council shall meet at least four times in a year. Special meetings may be called by the chairperson and shall be called by him at the request of the governor or upon the written request of ten members of the council. The council may establish its own quorum rules and procedures with respect to the conduct of its meetings and other affairs not inconsistent with law; provided, however, that recommendations made by the council in accordance with paragraph (c) of subdivision one of this section, or the mandatory standards for hiring practices promulgated in accordance with paragraph (d) of subdivision one of this section shall require the affirmative vote of ten members of the council.
6. Membership on the law enforcement agency accreditation council shall not constitute the holding of a public office, and members of the council shall not be required to take and file oaths of office before serving on the council.
7. The members of the law enforcement agency accreditation 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 law enforcement agency accreditation 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.
9. For the purposes of this section, the following terms shall have the following meanings:
(a) The term "law enforcement agency" shall mean any agency or department of any municipality, any police district, or any agency, department, commission, authority or public benefit corporation of the state of New York employing a police officer or police officers as that term is defined in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s), and (u) of subdivision thirty-four of section 1.20 of the criminal procedure law.
(b) The term "chief of police" shall mean a chief of police, commissioner of police, or other official having equivalent cognizance, jurisdiction, supervision and control of a police department of a municipality of the state.
(c) The term "deputy sheriff" shall mean a deputy sheriff employed by the sheriff's department of any county outside the city of New York who has police officer status as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
(d) The term "police officer" shall mean a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
10. On or before January first, nineteen hundred ninety, and on or before January first of each succeeding year, the commissioner shall report to the governor, temporary president of the senate and speaker of the assembly on the operation and results of the accreditation program. Such report shall identify these law enforcement agencies making application for accreditation, the agencies so accredited, and the fiscal impact on law enforcement agencies that have been accredited.
Section 846-a. Short title.
846-b. Definitions.
846-c. Contracts with companies.
846-d. Payments to companies for the performance of company activities.
846-e. Periodic review of contract performance; renegotiation and termination of contract.
846-f. Technical services and assistance to companies.
846-g. Rules and regulations to be promulgated by the commissioner.
846-h. Law enforcement agency accreditation council; membership; organization and procedure.
§ 846-a. Short title. This article shall be known and may be cited as the "neighborhood preservation crime prevention act".
§ 846-b. Definitions. As used in this article, the following words and phrases shall have the following meanings:
1. "Commissioner" shall mean the commissioner of the division of criminal justice services.
2. "Division" shall mean the division of criminal justice services.
3. "Municipality" shall mean any city, town or village, incorporated or unincorporated, within the state of New York.
4. "Company" shall mean any organization, incorporated or unincorporated, organized exclusively for a purpose or purposes, not for pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to, or inures to the benefit of, its members, directors (or their equivalent) or officers except to the extent permitted by law, and which is engaged in one or more of the company activities specified in subdivision five of this section.
5. "Company activities" shall mean activities of neighborhood preservation crime prevention, geared towards the heightened awareness and practice of community members in techniques stressing the reduction of opportunities for crimes to occur and the increased possibility of police apprehension of criminals. Company activities should also seek to develop and strengthen a sense of neighborhood identity and a constructive attitude in that neighborhood. Activities may include, but not be limited to, tenant-lobby patrols, auto patrols, street-foot patrols, home and business security surveys, and dispersal of crime prevention literature and equipment; provided, however, that nothing contained herein shall be interpreted to authorize the possession, carrying, use or dissemination of firearms or other deadly weapons regardless of whether the appropriate license has been issued for such activity. Activities may also include the involvement of senior citizens and youth in escort services, auxiliary police services and the utilization of community outreach through publicity of approved anti-crime techniques. All activities must have prior approval from the division.
§ 846-c. Contracts with companies. 1. The commissioner may enter into contracts, either on his own initiative, or upon application of a company or the municipality having jurisdiction over such company, for the performance of company activities. Such contracts shall be entered into, however, only after appropriate findings by the commissioner, subject to the limitations hereinafter set forth.
2. Prior to entering into, renewing, extending or replacing a contract with a company, the commissioner shall have made a finding that said company which proposes to contract with the commissioner is a bona fide organization which shall have been in existence for at least one full year within a three year period immediately prior to application for funding. Its existence shall have been as a corporation or an unincorporated, organized group which has demonstrated by its activities that it has the ability to establish and maintain tenant-lobby, street-foot patrols, or auto patrols or other approved activities in the proposed neighborhood. The commissioner shall also find that the activities proposed are needed by the neighborhood and that the proposed activities utilize resident involvement to the fullest extent possible. A finding shall also be made as to the ability of the company to acquire or gain access to the requisite staff, office facilities, and expertise to enable it to perform the activities which it proposes to undertake pursuant to said contract.
3. a. In determining whether to enter into, renew, extend or replace a contract with a company pursuant to this article, the commissioner shall investigate, to the extent deemed necessary or appropriate, and establish that:
(i) the geographic boundaries proposed by the applicant for such a contract define a recognized or established neighborhood or area within the municipality;
(ii) the activities proposed by the company are reasonably calculated to have a generally positive effect on the prevention of crime and on the reduction of the fear of crime within the neighborhood and are designed to provide additional and particular focus when necessary to address the needs of senior citizens with respect thereto;
(iii) the presence of the company within the neighborhood has not resulted in and will not result in a decrease in the crime prevention activities performed by existing police agencies in such neighborhood;
(iv) the company has coordinated and will continue to coordinate its activities with existing police agencies;
(v) the company's officers, directors and members represent the residents and the legitimate interests of the neighborhood, and they will carry out such a contract in a responsible manner;
(vi) a majority of the directors of the company are residents of the neighborhood;
(vii) the plan submitted by the company demonstrates that the company will recruit and utilize neighborhood volunteers and will, to the extent possible, acquire loaned or donated equipment for the performance of its activities;
(viii) the commissioner shall also find that the plan submitted by the company demonstrates that such company when hiring employees will give priority, to the extent possible, to residents of the neighborhood who are either unemployed or not fully employed.
b. Nothing contained within the contract shall impose liability upon the division or the community for injury incurred during the performance of any approved activities.
4. Contracts entered into hereunder with companies shall be limited in duration to periods of one year, but may thereafter be renewed, extended, or succeeded by new contracts from year to year in the discretion of the commissioner for up to an aggregate of four additional years. Contract awards shall be limited in amount to the sum of sixty thousand dollars in a single year. Each company shall also define with particularity the neighborhood or portion thereof within which the company's activities shall be performed under such contract. The contract shall also set forth the company's obligations to provide training in approved crime prevention techniques, and in community relations, to those who shall perform crime prevention activities for the company.
5. Every such contract shall provide that the company shall maintain books, records and accounts deemed appropriate and open to review by the commissioner and that such accounts shall be currently maintained in conformance with generally accepted accounting principles and practices.
6. Nothing within this article shall preclude a municipality from applying to or contracting with the commissioner on behalf of qualifying auxiliary police services.
§ 846-d. Payments to companies for the performance of company activities. 1. Each contract entered into with a company shall provide for payment to such company for approved activities to be performed by it.
2. Payment to companies pursuant to this article shall be restricted to sums required for the payment of salaries and wages of employees, and for the purchase of necessary equipment for the execution of approved activities. Nothing contained herein shall be interpreted to authorize expenditures leading to the possession, utilization, carrying, or dissemination of firearms or other deadly weapons, regardless of whether the appropriate license has been issued for same. Qualifying equipment expenditures may include, but shall not be limited to, locks and audio warning devices for use by financially needy, victim-prone residents, patrol vehicles (for the exclusive use of volunteers), radios, signs, gasoline, support services for crime victims, publicity and office supplies. Authorized expenditures may not include salaries of, or fees for, the hiring of private guards or charges for or expenses incurred for the use of vehicles for private guards.
3. Payments shall be made by the division to a company, not less frequently than quarter-annually to compensate such company for the company activities which it shall undertake to perform.
4. No company receiving payments from any other funds of the state for activities performed by it under the contract shall receive or be eligible to receive payments pursuant to this article. To the extent other state funds are received in violation of this subdivision payments otherwise due under this article shall be accordingly reduced.
§ 846-e. Periodic review of contract performance; renegotiation and termination of contract. The division shall, by regulation hereinafter promulgated, provide for the review, at periodic intervals, which shall as far as possible be coincidental with payment periods, of the performance of companies under their respective contracts with the commissioner. Such reviews shall, among other things, be for the purposes of ascertaining the quality and quantity of the company activities performed, the conformity thereof to contract provisions and the financial integrity and efficiency of the company. Contracts may be terminated by the commissioner upon a finding of substantial non-performance or other breach by the company, and contracts shall be modified and renegotiated, from time to time, in light of the actual performance, new or changed conditions, or otherwise.
§ 846-f. Technical services and assistance to companies. The division shall render to companies such technical services and assistance as it may possess or as may be available to it to enable such companies to comply with the intent and provisions of this article. The division is authorized to take all steps necessary to encourage the formation, organization and growth of new companies. The division may also, contract with municipal and other public agencies and with private persons, firms and corporations for the provision of such technical services and assistance which may include: preparation and submission of proposals for entering into contracts with the commissioner by qualifying companies; preparation and submission of reports required under such contracts or regulations issued by the commissioner by qualifying companies; internal organization and management of the companies; recruitment and training of personnel of the companies; preparation of plans and projects, negotiation of agreements and compliance with requirements of programs in which companies may become engaged in the course of their company activities; and other technical advice or assistance relating to the performance or rendition of company activities.
§ 846-g. Rules and regulations to be promulgated by the commissioner. The commissioner shall issue and promulgate rules and regulations for the administration of this article, which shall include provisions concerning requirements as to eligibility for contracting with the commissioner; the form of applications for contracts; supervision and evaluation of companies; reporting, budgeting and record keeping requirements; provisions for renegotiation, modification, termination, extension and renewal of contracts; provisions for technical services and assistance to companies and such other matters not inconsistent with the purposes and provisions of this article as the commissioner shall deem necessary, proper or appropriate. The division shall cooperate with all applicants for funding as set forth in this article.
§ 846-h. Law enforcement agency accreditation council; membership; organization and procedure. 1. (a) There shall be, within the division, a law enforcement agency accreditation council.
(b) The council shall develop model standards for law enforcement agencies. Such standards shall be designed:
(i) To increase the effectiveness and efficiency of law enforcement agencies in the delivery of law enforcement services utilizing existing personnel, equipment and facilities to the extent possible;
(ii) To promote increased cooperation and coordination among law enforcement agencies and other agencies of the criminal justice system;
(iii) To ensure the appropriate training of law enforcement personnel, not inconsistent with other provisions of law; and
(iv) To promote public confidence in law enforcement agencies.
(c) The council shall recommend rules and regulations establishing an accreditation process that encourages and provides law enforcement agencies with a voluntary opportunity to demonstrate that they meet the model standards developed by the council. The accreditation process shall provide that applications for accreditation shall be submitted by the chief law enforcement officer of the agency so applying only upon the approval of the chief elected officer, or if there is no chief elected officer, by the local governing body. Such model standards and rules and regulations shall be transmitted to the temporary president of the senate, the speaker of the assembly, every law enforcement agency, mayor and appropriate town and county official in the state on or before April first, nineteen hundred eighty-nine. The rules and regulations in final form shall be transmitted to the governor on or after June first, nineteen hundred eighty-nine and shall be effective following their approval by the governor.
* (d) The council shall create a mandatory certification process for agencies employing police officers, as defined in paragraphs (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s) and (u) of subdivision thirty-four of section 1.20 of the criminal procedure law. Such certification process shall include the promulgation of mandatory standards for hiring practices, which shall incorporate the rules and regulations promulgated by the municipal police training council pursuant to subdivisions two and two-b of section eight hundred forty of this chapter, as well as the reporting requirements under subdivision two of section eight hundred forty-five of this chapter and subdivision five of section seventy-five of this chapter, as may be applicable to such agencies and their personnel.
* NB Effective October 16, 2023
* (e) The council may, on its own or upon referral from the commissioner, revoke or withhold the granting of the certification under paragraph (d) of this subdivision for an agency that fails to adhere to the mandatory standards for hiring practices or reporting requirements of such paragraph.
* NB Effective October 16, 2023
2. (a) The law enforcement agency accreditation council shall consist of:
(i) Two incumbent sheriffs of the state;
(ii) Two incumbent chiefs of police;
(iii) One incumbent deputy sheriff;
(iv) One incumbent police officer;
(v) The superintendent of state police;
(vi) The commissioner of police of the city of New York;
(vii) One incumbent chief executive officer of a county of the state;
(viii) One incumbent mayor of a city or village of the state;
(ix) One incumbent chief executive officer of a town of the state;
(x) One member of a statewide labor organization representing police officers as that term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
(xi) One full-time faculty member of a college or university who teaches in the area of criminal justice or police science;
(xii) Two members appointed pursuant to subparagraph (ix) of paragraph (c) of this subdivision;
(xiii) One 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;
(xiv) One incumbent sheriff in the state from an agency with more than one hundred deputy sheriffs;
(xv) One representative of victims of crime; and
(xvi) One representative from a community with high numbers of police an community interactions.
(b) With the exception of the superintendent of state police and the commissioner of police of the city of New York, each member of the council shall be appointed by the governor to serve a two-year term. Any member appointed by the governor may be reappointed for additional terms.
(c) The governor shall make appointments to the council as follows:
(i) Each member who is an incumbent sheriff of the state shall be chosen from a list of two eligible persons submitted by the New York state sheriffs' association;
(ii) Each member who is an incumbent chief of police shall be chosen from a list of two eligible persons submitted by the New York state association of chiefs of police;
(iii) The member who is an incumbent deputy sheriff shall be chosen from a list of two eligible persons submitted jointly by the New York state sheriffs' association and the New York state deputy sheriffs' association, inc.;
(iv) The member who is an incumbent police officer shall be chosen from a list of two eligible persons submitted jointly by the New York state association of chiefs of police and a statewide labor organization representing police officers as that term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
(v) The member who is an incumbent chief executive officer of a county of the state shall be chosen from a list of two eligible persons submitted by the New York state association of counties;
(vi) The member who is an incumbent mayor of a city or village of the state shall be chosen from a list of two eligible persons submitted by the New York state conference of mayors;
(vii) The member who is an incumbent chief executive officer of a town of the state shall be chosen from a list of two eligible persons submitted by the association of towns of the state of New York;
(viii) The governor may appoint any eligible person to be a member who is an active member of a statewide labor organization representing police officers;
(ix) The temporary president of the senate and the speaker of the assembly shall each nominate one member as provided in subparagraph (xii) of paragraph (a) of this subdivision; and
(x) the members who are listed in subparagraphs (xiii), (xiv), (xv), and (xvi) of paragraph (a) of this subdivision shall be appointed by the governor.
(d) In making such appointments, the governor shall select individuals from municipalities that are representative, to the extent possible, of the varying sizes of communities and law enforcement agencies in the state.
(e) Any member chosen to fill a vacancy, including a vacancy in the chairperson, created otherwise than by expiration of term shall be appointed by the governor for the unexpired term of the member he is to succeed. Any such vacancy shall be filled in the same manner as the original appointment.
(f) Any member who shall cease to hold the position which qualified him for such appointment shall cease to be a member of the council.
3. Each member of the council shall have one vote, which shall not be transferrable; provided, however, that the superintendent of state police may designate a deputy superintendent to attend meetings as his representative and cast his vote and the commissioner of police of the city of New York may designate his first deputy commissioner, chief of department or one of the five bureau chiefs to attend meetings as his representative and cast his vote.
4. The governor shall designate from among the members of the council a chairperson who shall serve at the pleasure of the governor. During a vacancy of the chairperson the commissioner of the division of criminal justice services shall serve as the temporary chairperson.
5. The law enforcement agency accreditation council shall meet at least four times in a year. Special meetings may be called by the chairperson and shall be called by him at the request of the governor or upon the written request of ten members of the council. The council may establish its own quorum rules and procedures with respect to the conduct of its meetings and other affairs not inconsistent with law; provided, however, that recommendations made by the council in accordance with paragraph (c) of subdivision one of this section, or the mandatory standards for hiring practices promulgated in accordance with paragraph (d) of subdivision one of this section shall require the affirmative vote of ten members of the council.
6. Membership on the law enforcement agency accreditation council shall not constitute the holding of a public office, and members of the council shall not be required to take and file oaths of office before serving on the council.
7. The members of the law enforcement agency accreditation 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 law enforcement agency accreditation 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.
9. For the purposes of this section, the following terms shall have the following meanings:
(a) The term "law enforcement agency" shall mean any agency or department of any municipality, any police district, or any agency, department, commission, authority or public benefit corporation of the state of New York employing a police officer or police officers as that term is defined in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s), and (u) of subdivision thirty-four of section 1.20 of the criminal procedure law.
(b) The term "chief of police" shall mean a chief of police, commissioner of police, or other official having equivalent cognizance, jurisdiction, supervision and control of a police department of a municipality of the state.
(c) The term "deputy sheriff" shall mean a deputy sheriff employed by the sheriff's department of any county outside the city of New York who has police officer status as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
(d) The term "police officer" shall mean a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
10. On or before January first, nineteen hundred ninety, and on or before January first of each succeeding year, the commissioner shall report to the governor, temporary president of the senate and speaker of the assembly on the operation and results of the accreditation program. Such report shall identify these law enforcement agencies making application for accreditation, the agencies so accredited, and the fiscal impact on law enforcement agencies that have been accredited.