New York State - EXC - Executive Code (Court Print)
ARTICLE 1 SHORT TITLE
Section 1. Short title.
§ 1. This chapter shall be known as the "Executive Law."
ARTICLE 2 GOVERNOR
Section 2. Office and residence of governor.
3. Acting governor.
4. Secretary and counsel to the governor.
4-a. Chief diversity officer.
4-b. Chief disability officer.
5. Executive records.
6. Examination and inspection by the governor.
7. Limited operation of holiday.
8. Registration of noncitizens.
9. Lease or loan of state property; temporary transfer of personnel.
11. Indian settlement agreements.
12. Tribal-state compact.
§ 2. Office and residence of governor. The office of the governor shall be known as the executive chamber, and his residence, as the executive mansion.
§ 3. Acting governor. Every provision of law relating to the governor shall extend to the lieutenant-governor, to the president of the senate, and to the speaker of the assembly respectively, while acting as governor in pursuance of law.
§ 4. Secretary and counsel to the governor. A secretary to the governor shall be appointed by the governor, and shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such secretary to assist the governor in matters pertaining to the executive department and perform such duties as the governor may assign to him. The governor may also appoint and at pleasure remove a counsel to the governor who shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such counsel to advise the governor in regard to the constitutionality, consistency and legal effect of bills presented to the governor for his approval and on matters involving the exercise of executive clemency and such other legal matters as may be referred to him by the governor.
§ 4-a. Chief diversity officer. A chief diversity officer for the state shall be appointed by the governor and shall receive a salary to be fixed by the governor within the amount appropriated therefor. The chief diversity officer's responsibilities shall include the following:
1. Advise and assist the governor in formulating policies relating to workforce diversity and minority and women's business enterprises;
2. Work with the director of the division of minority and women's business development to prepare an annual plan for ensuring full compliance with article fifteen-a of the executive law by state agencies and the use of diversity practices by such agencies;
3. Advise the governor and the agencies regarding any measures necessary to ensure full compliance with article fifteen-a of this chapter and use of diversity practices by state public authorities;
5. Serve as the governor's liaison with organizations representing minority and women-owned business enterprises and other organizations related to diversity in the state workforce and in state contracting;
6. Serve as the governor's liaison to the small business advisory council for issues related to the creation of a diverse workforce and state procurement practices relating to minority and women-owned business enterprises;
7. Review and consult with the director of minority and women's business development regarding policies relating to minority and women-owned business enterprise contract specialists at state agencies; and
8. Engage in other actions assigned to him or her by the governor relating to diversity in hiring or promotion of the state workforce and in encouraging diversity practices and compliance with article fifteen-a of this chapter in procurement.
§ 6. Examination and inspection by the governor. The governor is authorized at any time, either in person or by one or more persons appointed by him for the purpose, to examine and investigate the management and affairs of any department, board, bureau or commission of the state. The governor and the persons so appointed by him are empowered to subpoena and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath and to require the production of any books or papers deemed relevant or material. Whenever any person so appointed shall not be regularly in the service of the state his compensation for such services shall be fixed by the governor, and said compensation and all necessary expenses of such examinations and investigations shall be paid from the treasury out of any appropriations made for the purpose upon the order of the governor and the audit and warrant of the comptroller.
Notwithstanding any inconsistent provision of any general, special or local law, charter, administrative code or other statute, service rendered by a person appointed by the governor pursuant to this section shall not constitute or be deemed state service or re-entry into state service under the civil service law, the retirement and social security law or under any charter, administrative code, or other general, special or local law relating to a state or municipal retirement or pension system so as to suspend, impair or otherwise affect or interfere with the pension or retirement status, rights, privileges and benefits of such person under any such system or to interfere with the right of such person or his beneficiary to receive any pension or annuity benefits or death benefits by reason of the selection of any option under any such system.
§ 7. Limited operation of holiday. The governor in issuing any proclamation appointing any day as a holiday or as a day of thanksgiving or fasting and prayer or other religious observance, under section twenty-four of the general construction law is authorized, in his discretion, to limit or restrict the effect and operation of such proclamation to any city or county to be designated by him in such proclamation.
(c) Except as otherwise specifically provided in the compact, the state specifically reserves all its rights, as attributes of its inherent sovereignty, recognized by the tenth and eleventh amendments to the United States Constitution. Nothing in this section shall be construed to affect the existing authority of the governor under the constitution and laws of this state to execute tribal-state compacts.
ARTICLE 2-A REPRIEVES, COMMUTATIONS AND PARDONS
Section 15. Power of governor to grant reprieves, commutations and pardons.
16. His power; in respect to convictions for treason; duty of the legislature, in such cases.
17. Governor to communicate annually to legislature, reprieves, commutations and pardons.
18. Conditional pardon; procedure on violation of.
19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence.
§ 15. Power of governor to grant reprieves, commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this article.
§ 18. Conditional pardon; procedure on violation of. If any person who has been discharged from imprisonment, by virtue of any parole, conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his parole, pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. Determination of the violation of such parole, pardon or commutation and reincarceration therefor shall be had in the manner prescribed in the correction law.
§ 19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence. Upon motion duly made therefor, the judgment of conviction must be set aside and the indictment, information or complaint dismissed by the court in which the defendant was convicted, in a case where the defendant shall receive a pardon from the governor stating that such pardon is issued on the ground of innocence of the crime for which he was convicted and further stating that such finding of innocence is based upon evidence discovered after the judgment of conviction was rendered and after the time within which to make a motion for a new trial on newly discovered evidence had expired. Such setting aside of a judgment of conviction and dismissal of an indictment, information or complaint against a defendant shall place the defendant in the same position as if the indictment, information or complaint had been dismissed at the conclusion of the trial by the court because of the failure to establish the defendant's guilt beyond a reasonable doubt.
ARTICLE 3 EXECUTIVE DEPARTMENT
Section 30. Executive department.
31. Divisions.
32. Authority not to renew.
§ 30. Executive department. There shall continue to be in the state government an executive department. The head of the executive department shall be the governor. The governor may appoint such subordinates and employees as may be necessary for the exercise of his powers and the performance of his duties as head of the executive department, and may prescribe their duties and fix their compensation within the amounts appropriated therefor.
§ 31. Divisions. There shall be in the executive department the following divisions:
1. The division of the budget.
2. The division of military and naval affairs.
3. The office of general services.
4. The division of state police.
5. The division of housing.
6. The division of alcoholic beverage control.
7. The division of human rights.
8. The division of homeland security and emergency services.
9. Office of information technology services.
The governor may establish, consolidate, or abolish additional divisions and bureaus.
ARTICLE 5 DEPARTMENT OF LAW
Section 60. Department of law.
61. Solicitor general.
62. Assistants.
63. General duties.
63-a. Action by attorney-general for forfeiture of public office.
63-b. Action by attorney-general against usurper of office or franchise.
63-c. Action by the people for illegal receipt or disposition of public funds or other property.
63-d. Attorney-general; death penalty prosecutions.
64. Costs recovered.
65. Register.
66. Destruction of certain records, books and other data by the attorney-general.
67. Additional counsel.
70. Deputy attorney-general to act as special district attorney.
70-a. Statewide organized crime task force.
70-b. Office of special investigation.
70-c. Task force on social media and violent extremism.
71. Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto.
72. When costs payable to relator.
73. Power to administer oaths and take acknowledgements.
74. Welfare inspector general.
75. Law enforcement misconduct investigative office.
§ 60. Department of law. There shall continue to be in the state government a department of law. The head of the department of law shall be the attorney-general who shall receive an annual salary of one hundred fifty-one thousand five hundred dollars.
§ 61. Solicitor general. There shall be in the department of law a solicitor general who shall be appointed by the attorney-general and who shall perform such duties in the place and stead of the attorney-general as may lawfully be assigned to him. The attorney-general shall fix his compensation within the amounts appropriated therefor.
§ 62. Assistants. 1. The attorney-general may appoint such assistant attorneys-general, deputy assistant attorneys-general and attorneys as he may deem necessary and fix their compensation within the amounts appropriated therefor. Whenever deputy or deputy attorney-general is referred to or designated in any law, contract or document such references or designations shall be deemed to refer to and include assistant attorneys-general, deputy assistant attorneys-general or attorneys appointed by the attorney-general.
§ 63. General duties. The attorney-general shall:
1. Prosecute and defend all actions and proceedings in which the state is interested, and have charge and control of all the legal business of the departments and bureaus of the state, or of any office thereof which requires the services of attorney or counsel, in order to protect the interest of the state, but this section shall not apply to any of the military department bureaus or military offices of the state. No action or proceeding affecting the property or interests of the state shall be instituted, defended or conducted by any department, bureau, board, council, officer, agency or instrumentality of the state, without a notice to the attorney-general apprising him of the said action or proceeding, the nature and purpose thereof, so that he may participate or join therein if in his opinion the interests of the state so warrant.
2. Whenever required by the governor, attend in person, or by one of his deputies, any term of the supreme court or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury criminal actions or proceedings as shall be specified in such requirement; in which case the attorney-general or his deputy so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which the district attorney would otherwise be authorized or required to exercise or perform; and in any of such actions or proceedings the district attorney shall only exercise such powers and perform such duties as are required of him by the attorney-general or the deputy attorney-general so attending. In all such cases all expenses incurred by the attorney-general, including the salary or other compensation of all deputies employed, shall be a county charge.
3. Upon request of the governor, comptroller, secretary of state, commissioner of transportation, superintendent of financial services, commissioner of taxation and finance, commissioner of motor vehicles, or the state inspector general, or the head of any other department, authority, division or agency of the state, investigate the alleged commission of any indictable offense or offenses in violation of the law which the officer making the request is especially required to execute or in relation to any matters connected with such department, and to prosecute the person or persons believed to have committed the same and any crime or offense arising out of such investigation or prosecution or both, including but not limited to appearing before and presenting all such matters to a grand jury.
4. Cause all persons indicted for corrupting or attempting to corrupt any member or member-elect of the legislature, or the commissioner of general services, to be brought to trial.
8. Whenever in his judgment the public interest requires it, the attorney-general may, with the approval of the governor, and when directed by the governor, shall, inquire into matters concerning the public peace, public safety and public justice. For such purpose he may, in his discretion, and without civil service examination, appoint and employ, and at pleasure remove, such deputies, officers and other persons as he deems necessary, determine their duties and, with the approval of the governor, fix their compensation. All appointments made pursuant to this subdivision shall be immediately reported to the governor, and shall not be reported to any other state officer or department. Payments of salaries and compensation of officers and employees and of the expenses of the inquiry shall be made out of funds provided by the legislature for such purposes, which shall be deposited in a bank or trust company in the names of the governor and the attorney-general, payable only on the draft or check of the attorney-general, countersigned by the governor, and such disbursements shall be subject to no audit except by the governor and the attorney-general. The attorney-general, his deputy, or other officer, designated by him, is empowered to subpoena witnesses, compel their attendance, examine them under oath before himself or a magistrate and require that any books, records, documents or papers relevant or material to the inquiry be turned over to him for inspection, examination or audit, pursuant to the civil practice law and rules. If a person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such inquiry, he shall be guilty of a misdemeanor. It shall be the duty of all public officers, their deputies, assistants and subordinates, clerks and employees, and all other persons, to render and furnish to the attorney-general, his deputy or other designated officer, when requested, all information and assistance in their possession and within their power. Each deputy or other officer appointed or designated to conduct such inquiry shall make a weekly report in detail to the attorney-general, in form to be approved by the governor and the attorney-general, which report shall be in duplicate, one copy of which shall be forthwith, upon its receipt by the attorney-general, transmitted by him to the governor. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who shall disclose to any person other than the governor or the attorney-general the name of any witness examined or any information obtained upon such inquiry, except as directed by the governor or the attorney-general, shall be guilty of a misdemeanor.
9. Bring and prosecute or defend upon request of the commissioner of labor or the state division of human rights, any civil action or proceeding, the institution or defense of which in his judgment is necessary for effective enforcement of the laws of this state against discrimination by reason of age, race, sex, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, citizenship or immigration status, or domestic violence victim status, or for enforcement of any order or determination of such commissioner or division made pursuant to such laws.
10. Prosecute every person charged with the commission of a criminal offense in violation of any of the laws of this state against discrimination because of age, race, sex, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, citizenship or immigration status, or domestic violence victim status, in any case where in his judgment, because of the extent of the offense, such prosecution cannot be effectively carried on by the district attorney of the county wherein the offense or a portion thereof is alleged to have been committed, or where in his judgment the district attorney has erroneously failed or refused to prosecute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform.
13. Prosecute any person for perjury committed during the course of any investigation conducted by the attorney-general pursuant to statute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and exercise all the powers and perform all the duties necessary or required to be exercised or performed in prosecuting any such person for such offense.
15. In any case where the attorney general has authority to institute a civil action or proceeding in connection with the enforcement of a law of this state, in lieu thereof he may accept an assurance of discontinuance of any act or practice in violation of such law from any person engaged or who has engaged in such act or practice. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the reasonable costs and disbursements incurred by the attorney general during the course of his investigation. Evidence of a vi1olation of such assurance shall constitute prima facie proof of violation of the applicable law in any civil action or proceeding thereafter commenced by the attorney general.
§ 63-a. Action by attorney-general for forfeiture of public office. The attorney-general may maintain an action, upon his own information or upon the complaint of a private person, against a public officer, civil or military, who has done or suffered an act which by law works a forfeiture of his office.
§ 63-b. Action by attorney-general against usurper of office or franchise. 1. The attorney-general may maintain an action, upon his own information or upon the complaint of a private person, against a person who usurps, intrudes into, or unlawfully holds or exercises within the state a franchise or a public office, civil or military, or an office in a domestic corporation. The attorney-general may set forth in the complaint, in his discretion, the name of the person rightfully entitled to the office and facts showing his right thereto. Judgment may be rendered upon the right of the defendant and of the party so alleged to be entitled, or only upon the right of the defendant, as justice requires. Where two or more persons claim to be entitled to the same office or franchise, the attorney-general may bring the action against all to determine their respective rights thereto.
3. Where a defendant is adjudged to be guilty of usurping or intruding into or unlawfully holding or exercising an office, franchise or privilege, final judgment shall be rendered, ousting and excluding him therefrom, and in favor of the state or the relator, as the case requires, for the costs of the action. As a part of the final judgment in an action for usurping or intruding into or unlawfully holding or exercising an office, franchise or privilege, the court, in its discretion, also may award that the defendant, or, where there are two or more defendants, that one or more of them, pay to the state a fine not exceeding two thousand dollars. The judgment for the fine may be docketed and execution may be issued thereupon in favor of the state, as if it had been rendered in an action to recover the fine.
4. Where final judgment has been rendered upon the right and in favor of the person alleged in the complaint to be entitled to an office, he may recover, by action against the defendant, the damages which he has sustained in consequence of the defendant's usurpation, intrusion into, unlawful holding or exercise of the office.
§ 63-d. Attorney-general; death penalty prosecutions. 1. The attorney-general shall, whenever required by the governor or his designee after a request of the governor by a district attorney, direct that the resources and personnel of the department of law be used to provide assistance relating to the prosecution or appeal of any case where the defendant may be subject to the penalty of death. Such assistance shall include the use of any department resource or services, which the attorney-general deems proper, and may be performed or provided by the attorney-general or any employee of the department of law. Assistance pursuant to this section may only be provided with respect to proceedings where:
(i) the defendant is represented by counsel appointed pursuant to the provisions of section thirty-five-b of the judiciary law or the defendant is receiving expert, investigative or other services pursuant to such section, or
(ii) the defendant, through counsel retained privately by the defendant through his or her own means or through the means of a person other than the defendant, or through representation by pro bono counsel, is able to marshal substantially greater legal and investigatory resources than those reasonably available to the district attorney.
2. A request of the governor made by a district attorney for assistance in a death penalty case shall be accompanied by a certificate of need stating that as a result of cases where the defendant may be subject to the penalty of death additional resources or personnel are needed to supplement the district attorney's staff and available resources in order to fulfill such district attorney's responsibilities.
§ 70-a. Statewide organized crime task force. 1. There shall be established within the department of law a statewide organized crime task force which, pursuant to the provisions of this section, shall have the duty and power:
(a) To conduct investigations and prosecutions of organized crime activities carried on either between two or more counties of this state or between this state and another jurisdiction;
(b) To cooperate with and assist district attorneys and other local law enforcement officials in their efforts against organized crime.
2. Notwithstanding any other provision of law, the governor and the attorney general may, and without civil service examination, jointly appoint and employ, fix his compensation, and at pleasure remove, a deputy attorney general in charge of the organized crime task force. The attorney general may, and without civil service examination, appoint and employ, and at pleasure remove, such assistant deputies, accountants and other persons as he deems necessary, determine their duties and, with the approval of the governor, fix their compensation. The payments of salaries and compensation of such officers and employees shall be in the same manner as is prescribed in subdivision eight of section sixty-three of this chapter.
3. The deputy attorney general in charge of the organized crime task force may request and shall receive from the division of state police, the state department of taxation and finance, the state department of labor, the temporary state commission of investigation, and from every department, division, board, bureau, commission or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of his duties. Such deputy attorney general may provide technical and other assistance to any district attorney or other local law enforcement official requesting such assistance in the investigation or prosecution of organized crime cases.
4. The deputy attorney general in charge of the organized crime task force is empowered to conduct hearings at any place within the state, to administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence he may deem relevant or material to an investigation. He is empowered to apply for search warrants pursuant to article six hundred ninety of the criminal procedure law, and, except in exigent circumstances, shall give prior notice of the application to the district attorney of the county in which such a warrant is to be executed, and in such circumstances, shall give such notice as soon thereafter as practicable; provided, however, that the failure to give notice of a search warrant application to a district attorney shall not be a ground to suppress the evidence seized in executing the warrant. He may designate an assistant to exercise any such powers. Every witness attending before such deputy attorney general or his assistant shall be examined privately and the particulars of such examination shall not be made public. If a person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such inquiry, he shall be guilty of a class A misdemeanor.
5. Upon the application of the deputy attorney general in charge of the organized crime task force, the supreme court or a justice thereof may impound any exhibit marked in evidence in any hearing held in connection with an investigation conducted by such deputy attorney general, and may order such exhibit to be retained by, or delivered to and placed in the custody of, such deputy. When so impounded, such exhibit shall not be taken from the custody of such deputy except upon further order of the court or a justice thereof made upon five days notice to such deputy, or upon his application or with his consent.
6. In any hearing held in connection with an investigation conducted by the deputy attorney general in charge of the organized crime task force, the attorney general may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law, but only after affording the appropriate district attorney the opportunity to be heard in respect to any objections which he may have to the granting of such immunity.
7. With the approval of the governor and with the approval or upon the request of the appropriate district attorney, the deputy attorney general in charge of the organized crime task force, or one of his assistants, may attend in person any term of the county court or supreme court having appropriate jurisdiction, including an extraordinary special or trial term of the supreme court when one is appointed pursuant to section one hundred forty-nine of the judiciary law, or appear before the grand jury thereof, for the purpose of managing and conducting in such court or before such jury a criminal action or proceeding concerned with an offense where any conduct constituting or requisite to the completion of or in any other manner related to such offense occurred either in two or more counties of this state, or both within and outside this state. In such case, such deputy attorney general or his assistant so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which the district attorney would otherwise be authorized or required to exercise or perform. In any of such actions or proceedings the district attorney shall only exercise such powers and perform such duties as are required of him by such deputy attorney general.
§ 70-b. Office of special investigation. 1. There shall be established within the office of the attorney general an office of special investigation. Notwithstanding any other provision of law, the office of special investigation shall investigate and, if warranted, prosecute any alleged criminal offense or offenses committed by a person, whether or not formally on duty, who is a police officer, as defined insubdivision 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, provided that such peace officer is employed or contracted by an education, public health, social service, parks, housing or corrections agency, or is a peace officer as defined in subdivision twenty-five of section 2.10 of the criminal procedure law, concerning any incident in which the death of a person, whether in custody or not, is caused by an act or omission of such police officer or peace officer or in which the attorney general determines there is a question as to whether the death was in fact caused by an act or omission of such police officer or peace officer.
2. The attorney general has investigative authority and criminal jurisdiction under this section at the time of the death of the person and the attorney general retains investigative authority and criminal jurisdiction over the incident unless the attorney general determines that such incident does not meet the requirements of this section. If the attorney general determines the incident does not meet the requirements for the attorney general to have investigative authority and criminal jurisdiction pursuant to this section, the attorney general shall, as soon as practicable, provide written notice of such determination to the district attorney for the county in which the incident occurred.
3. In connection with any particular incident encompassed by this section, the attorney general shall conduct a full, reasoned and independent investigation, including but not limited to: (a) gathering and analyzing evidence; (b) conducting witness interviews; (c) reviewing and commissioning any necessary investigative and scientific reports; and (d) reviewing audio and video-recordings. The attorney general shall be empowered to subpoena witnesses, compel their attendance, examine them under oath before himself or herself or a magistrate and require that any books, records, documents or papers relevant or material to the inquiry be turned over to him or her for inspection, examination or audit, pursuant to the civil practice law and rules, in connection with such incident.
4. The attorney general shall have criminal jurisdiction over any criminal conduct arising from any incident herein, and shall exercise all of the powers and perform all of the duties with respect to such actions or proceedings that a district attorney would otherwise be authorized or required to exercise or perform, including all the powers necessary to prosecute acts and omissions and alleged acts and omissions to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment arising from the incident. The criminal jurisdiction of the office of special investigation shall displace and supersede the jurisdiction of the district attorney where the incident occurred; and such district attorney shall only have the powers and duties reserved to him or her in writing by the attorney general.
5. The attorney general shall designate a deputy attorney general for special investigation to exercise the powers and duties of the office of special investigation, who shall be in the exempt class of the civil service. The deputy attorney general may designate deputies or assistants, who shall be in the exempt class of the civil service, as necessary and appropriate. The other employees of the office of special investigation within the department of law, who are not otherwise exempt, shall all be in the competitive class of the civil service and shall be considered for purposes of article fourteen of the civil service law to be public employees in the civil service of the state, and shall be assigned to the appropriate collective bargaining unit. Employees serving in positions in newly created titles shall be assigned to the same collective bargaining units as they would have been assigned to were such titles created prior to the establishment of the office of special investigation within the department of law by this chapter. The deputy attorney general for special investigation may appear and conduct proceedings in person or by his or her deputy or assistant before any court or grand jury in connection with proceedings under this section.
6. (a) For any incident under this section, the office of special investigation shall issue a public report and post the report on its website whenever the office of special investigation initiates an investigation and (i) the office of special investigation declines to present evidence to a grand jury or (ii) the office of special investigation does present evidence to a grand jury but the grand jury declines to return indictment on any charges. The report will include, to the extent possible and lawful, the results of the investigation of the incident.
(b) The report shall also include: (i) with respect to subparagraph (i) of paragraph (a) of this subdivision, an explanation as to why the office of special investigation declined to present evidence to a grand jury; and (ii) any recommendations for systemic or other reforms arising from the investigation.
7. Six months after this subdivision takes effect, and annually on such date thereafter, the office of special investigation shall issue a report, which shall be made available to the public and posted on the website of the department of law, which shall provide information on the matters investigated by such office during such reporting period. The information presented shall include, but not be limited to: the county and geographic location of each matter investigated; a description of the circumstances of each case; racial, ethnic, age, gender and other demographic information concerning the persons involved or alleged to be involved; information concerning whether a criminal charge or charges were filed against any person involved or alleged to be involved in such matter; the nature of such charges; and the status or, where applicable, outcome with respect to all such criminal charges. Such report shall also include recommendations for any systemic or other reforms recommended as a result of such investigations.
§ 70-c. Task force on social media and violent extremism. 1. Establishment and organization. (a) There is hereby established a task force on social media and violent extremism within the department of law.
(b) The attorney general may appoint or assign a deputy attorney general and/or one or more assistants to serve on the task force.
(c) The mission of the task force on social media and violent extremism shall be to study, investigate, and make recommendations relating to the use, operations, policies, programs, and practices of online social media companies and any role they may have in promoting, facilitating, and providing platforms for individuals and groups to plan and promote acts of violence, including but not limited to, the use of such platforms to: initiate threats against public safety or against a specific group of individuals based on an actual or perceived classification or characteristic; communicate or plan for criminal activity, including but not limited to, hate crimes, acts of domestic terrorism, or acts of domestic terrorism motivated by hate; spread extremist content; and aid in the radicalization and mobilization of extremist individuals or groups.
2. Functions and duties. Subject to appropriations made available therefor, the task force shall have the following duties and responsibilities:
(a) to receive and investigate complaints from any source, or upon its own initiative, allegations involving the use and role of social media platforms in broadcasting, streaming, promoting, or otherwise facilitating acts of violence as described in paragraph (c) of subdivision one of this section;
(b) to determine, with respect to such allegations, whether social media companies may be civilly or criminally liable for their role in promoting, facilitating, or providing a platform for individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section, or whether further investigation by the department of law is warranted or whether a referral to an appropriate federal, state or local law enforcement agency is necessary, and to assist in such investigations, if requested by a federal, state, or local law enforcement agency;
(c) to prepare and make public reports regarding the work of the task force, provided, however that such reports shall not include confidential or other protected information or any information that pertains to or may interfere with ongoing or future investigations;
(d) to review and examine periodically the use, operations, policies, programs, and practices of social media companies and any role they may have in promoting, facilitating, and providing platforms for individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section;
(e) to cooperate with and assist the division of homeland security and emergency services or any other state or local agency as may be appropriate in their efforts to counter acts of violence as described in paragraph (c) of subdivision one of this section;
(f) to review the final report of the domestic terrorism task force established pursuant to section six of part R of chapter fifty-five of the laws of two thousand twenty, setting forth the findings, conclusions, recommendations, and activities of the task force, to examine and evaluate how to prevent mass shootings by domestic terrorists in New York state in furtherance of the goals of the task force on social media and violent extremism;
(g) to recommend remedial action to prevent the use of social media platforms by individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section;
(h) on an annual basis, to submit to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, no later than December thirty-first, a report summarizing the activities of the task force and recommending specific changes to state law to further the mission of the task force on social media and violent extremism; and
(i) to perform any other functions and duties that are necessary or appropriate to fulfill the duties and responsibilities of the task force.
3. Powers. In executing its duties under subdivision two of this section, the task force shall have the power to:
(a) subpoena and enforce the attendance of witnesses;
(b) administer oaths or affirmations and examine witnesses under oath;
(c) request and receive from the division of homeland security and emergency services, the division of state police, the division of criminal justice services, and from every department, division, board, bureau, commission or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties;
(d) provide technical and other assistance to any district attorney or other local law enforcement official requesting such assistance in the investigation or prosecution of cases involving the role of social media platforms in broadcasting, streaming, promoting, or otherwise facilitating acts of violence as described in paragraph (c) of subdivision one of this section; and
(e) conduct hearings at any place within the state and require the production of any books, records, documents or other evidence he or she may deem relevant or material to an investigation.
§ 71. Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto. 1. Whenever the constitutionality of a statute, or a rule or regulation adopted pursuant thereto is brought into question upon the trial, hearing or appeal of any action or proceeding, civil or criminal, in any court of record of original or appellate jurisdiction, and proof of the notice of such constitutional challenge, as required by paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, has not been filed, the court or justice before whom such action or proceeding is pending, shall make an order, directing the party desiring to raise such question, to serve notice thereof on the attorney-general, and providing that the attorney-general be permitted to appear at any such trial or hearing in support of the constitutionality of such statute, or rule or regulation adopted pursuant thereto. The court or justice before whom any such action or proceeding is pending may also make such order upon the application of any party thereto, and the court shall make such order in any such action or proceeding upon motion of the attorney-general. When such order has been made in any manner mentioned in this section and notice pursuant to such order has been given, the attorney-general shall be permitted to appear in such action or proceeding in support of the constitutionality of such statute, or a rule or regulation adopted pursuant thereto.
2. In the event the constitutionality of a statute, or rule or regulation adopted pursuant thereto is brought into question and the party questioning such constitutionality, or any other party to the action or proceeding serves the attorney-general pursuant to paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, proof of such service upon the attorney-general shall be accepted by the court in satisfaction of the provisions of subdivision one of this section.
3. The court having jurisdiction in an action or proceeding in which the constitutionality of a statute, rule or regulation is challenged, shall not consider any challenge to the constitutionality of such statute, rule or regulation unless proof of service of the notice required by this section or required by subdivision (b) of section one thousand twelve of the civil practice law and rules is filed with such court.
§ 73. Power to administer oaths and take acknowledgments. The attorney-general of the state of New York and all deputies and assistants appointed by him pursuant to section sixty-two of the executive law, who have duly qualified, shall have the power, while acting as such, to administer oaths and take affidavits and acknowledgments and proofs of written instruments to be read in evidence, anywhere within the state of New York, except such instruments as now are required by law to be recorded to create constructive notice thereof.
§ 75. Law enforcement misconduct investigative office. 1. Jurisdiction. This section shall, subject to the limitations contained in this section, confer upon the law enforcement misconduct investigative office jurisdiction over all covered agencies. For the purposes of this section "covered agency" means an agency of any political subdivision within the state maintaining a police force or police forces of individuals defined as police officers in section 1.20 of the criminal procedure law, provided however, covered agency does not include any agency, public authority, or other entity under the jurisdiction of the state inspector general pursuant to article four-A of the executive law, the metropolitan transportation authority inspector general pursuant to section one thousand two hundred seventy-nine of the public authorities law, or the port authority inspector general pursuant to chapter one hundred fifty-four of the laws of nineteen twenty-one.
2. Establishment and organization. (a) There is hereby established the law enforcement misconduct investigative office in the department of law. The head of the office shall be a deputy attorney general who shall be appointed by the attorney general.
(b) Such deputy attorney general may appoint one or more assistants to serve at his or her pleasure.
(c) The salary for the head of such office shall be established within the limit of funds available therefore; provided, however, such salary shall be no less than the salaries of certain state officers holding the positions indicated in paragraph (a) of subdivision one of section one hundred sixty-nine of this chapter.
(d) The mission of the law enforcement misconduct investigative office shall be to review, study, audit and make recommendations relating to the operations, policies, programs and practices, including ongoing partnerships with other law enforcement agencies, of state and local law enforcement agencies with the goal of enhancing the effectiveness of law enforcement, increasing public safety, protecting civil liberties and civil rights, ensuring compliance with constitutional protections and local, state and federal laws, and increasing the public's confidence i`n law enforcement.
3. Functions and duties. The deputy attorney general shall have the following duties and responsibilities:
(a) receive and investigate complaints from any source, or upon his or her own initiative, concerning allegations of corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse in any covered agency;
(b) inform the heads of covered agencies of such allegations and the progress of investigations related thereto, unless special circumstances require confidentiality;
(b-1) promptly inform the division of criminal justice services, in the form and manner prescribed by the division, of such allegations and the progress of investigations related thereto unless special circumstances require confidentiality. Nothing in this paragraph shall require the division of criminal justice services to participate in the investigation of such allegations or take action or prevent the division of criminal justice services from taking action authorized pursuant to subdivision three of section eight hundred forty-five of this chapterin the time and manner determined by the commissioner of the division of criminal justice services;
(c) determine with respect to such allegations whether disciplinary action, civil or criminal prosecution, or further investigation by an appropriate federal, state or local agency is warranted, and to assist in such investigations, if requested by such federal, state, or local agency;
(d) prepare and release to the public written reports of investigations, as appropriate and to the extent permitted by law, subject to redaction to protect the confidentiality of witnesses and other information that would be exempt from disclosure under article six of the public officers law. The release of all or portions of such reports may be temporarily deferred to protect the confidentiality of ongoing investigations;
(e) review and examine periodically the policies and procedures of covered agencies with regard to the prevention and detection of corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse;
(f) recommend remedial action to prevent or eliminate corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse in covered agencies; and
(g) investigate patterns, practices, systemic issues, or trends identified by analyzing actions, claims, complaints, and investigations, including, but not limited to, any patterns or trends regarding departments, precincts, and commands; and
(h) on an annual basis, submit to the governor, the attorney general, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, no later than December thirty-first, a report summarizing the activities of the office and recommending specific changes to state law to further the mission of the law enforcement misconduct investigative office.
4. Powers. The deputy attorney general shall have the power to:
(a) subpoena and enforce the attendance of witnesses;
(b) administer oaths or affirmations and examine witnesses under oath;
(c) require the production of any books and papers deemed relevant or material to any investigation, examination or review;
(d) notwithstanding any law to the contrary, examine and copy or remove documents or records of any kind prepared, maintained or held by any covered agency;
(e) require any officer or employee in a covered agency to answer questions concerning any matter related to the performance of his or her official duties. No statement or other evidence derived therefrom may be used against such officer or employee in any subsequent criminal prosecution other than for perjury or contempt arising from such testimony. The refusal of any officer or employee to answer questions shall be cause for removal from office or employment or other appropriate penalty;
(f) monitor the implementation by covered agencies of any recommendations made by the law enforcement misconduct investigative office; and
(g) perform any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office.
5. Responsibilities of covered agencies, officers and employees. (a) Every officer or employee in a covered agency shall report promptly to the law enforcement misconduct investigative office any information concerning corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse by another officer or employee relating to his or her office or employment, or by a person having business dealings with a covered agency relating to those dealings. The knowing failure of any officer or employee to so report shall be cause for removal from office or employment or other appropriate penalty. Any officer or employee who acts pursuant to this subdivision by reporting to the law enforcement misconduct investigative office shall not be subject to dismissal, discipline or other adverse personnel action.
(b) Upon receiving at least five complaints from five or more individuals relating to at least five separate incidents involving a certain officer or employee within two years, the head of any covered agency shall refer such complaints to the law enforcement misconduct investigative office for review. The law enforcement misconduct investigative office shall investigate such complaints to determine whether the subject officer or employee has engaged in a pattern or practice of misconduct, use of excessive force, or acts of dishonesty. The referral and investigation pursuant to this subdivision shall be in addition to and shall not supersede any civil, criminal, administrative or other action or proceeding relating to such complaints or the subject officer or employee.
(c) The head of any covered agency shall advise the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly and the division of criminal justice services within ninety days of the issuance of a report by the law enforcement misconduct investigative office as to the remedial action that the agency has taken in response to any recommendation for such action contained in such report.
(d) Nothing in this section shall be construed to impede, infringe, or diminish the rights, privileges, benefits or remedies that accrue to any employee pursuant to any agreement entered into pursuant to article fourteen of the civil service law.
ARTICLE 6 DEPARTMENT OF STATE
Section 90. Department of state; secretary of state.
91. Rules.
92. Deputies.
93. Custody of records.
93-a. Examination of reports.
94. Commission on ethics and lobbying in government.
94-a. Consumer protection division.
94-b. Office for new Americans.
94-c. Major renewable energy development program.
95. Legislative manual.
96. Fees and refunds.
96-a. Fees for services rendered pursuant to the uniform commercial code.
97. Completing unfinished papers.
97-a. Affirmation in lieu of oath.
98. Copies of amendments to rules for admission of attorneys.
99. Central state registry of security guards.
100. Central state registry of armored car guards.
101. Accessibility, rules and regulations.
101-a. Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules.
101-b. Application by municipal corporations for the suspension of certain rules.
102. Filing and publication of codes, rules and regulations.
103. Future editions and supplements of official compilations.
104. Departmental cooperation.
104-a. Departmental cooperation regarding water quality.
105. Changes in codes, rules or regulations.
106. Proof of codes, rules and regulations.
106-a. Internet access to the New York code, rules and regulations.
107. Intergovernmental agreements.
108. Address confidentiality program.
109. Registration of certain service providers.
130. Appointment of notaries public.
131. Procedure of appointment; fees and commissions; fee payment methods.
132. Certificates of official character of notaries public.
133. Certification of notarial signatures.
134. Signature and seal of county clerk.
135. Powers and duties; in general; of notaries public who are attorneys at law.
135-a. Notary public or commissioner of deeds; acting without appointment; fraud in office.
135-b. Advertising by notaries public.
135-c. Electronic notarization.
136. Notarial fees.
137. Statement as to authority of notaries public.
138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation.
139. Commissioners of deeds within the state.
140. Commissioners of deeds in the city of New York.
141. Commissioners of deeds in other states, territories and foreign countries.
142. Powers of such commissioners.
142-a. Validity of act of notaries public and commissioners of deeds notwithstanding certain defects.
143. Fees of such commissioners.
144. Saving clause.
144-a. Eligible professions for the purchase, sale, and use of body armor.
§ 90. Department of state; secretary of state. There shall be in the state government a department of state. The head of the department shall be the secretary of state who shall be appointed by the governor by and with the advice and consent of the senate and hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and has qualified. The secretary of state shall receive an annual salary within the amount appropriated therefor and his reasonable expenses when necessarily absent on public business pertaining to the duties of his office.
In addition to those divisions created and continued within the Department of State by other statutes, the secretary of state may establish such other divisions and bureaus in the department of state as he may deem necessary. He may prescribe the duties and powers of such divisions and bureaus which shall be exercised and performed under his supervision.
§ 91. Rules. Subject to and in conformity with the provisions of the constitution and laws of the state, the secretary of state may adopt and promulgate such rules which shall regulate and control the exercise of the powers of the department of state and the performance of the duties of officers, agents and other employees thereof.
§ 92. Deputies. The secretary of state shall appoint a deputy, who may perform all the duties of the secretary of state. Any such deputy shall receive an annual salary to be fixed by the secretary of state within the amount appropriated therefor. The secretary of state may also appoint and fix the compensation of such other deputies, assistants and employees as he shall deem necessary within the amount appropriated therefor and prescribe their powers and duties.
§ 95. Legislative manual. The secretary of state, at the expense of the state, may in each odd-numbered year prepare and publish the legislative manual. The manual shall contain the constitution of the United States and of the state of New York, diagrams of the senate and assembly chambers, and such other information of the nature heretofore published therein, as the secretary may consider useful, and shall be printed and bound in substantially the same style as heretofore. As soon as printed, the secretary shall deliver a copy of the manual to each member and officer of the legislature, and to each state officer entitled to the session laws.
§ 102. Filing and publication of codes, rules and regulations. 1. a. No code, rule or regulation shall become effective until it is filed with the secretary of state, unless a later date is required by statute or is specified by such code, rule or regulation.
b. Each department, board, bureau, officer, authority, commission or other agency of the state, authorized by statute to adopt codes, rules or regulations shall transmit to the secretary of state a certified copy of every such code, rule and regulation except such as relate solely to the organization or internal management of such department, board, bureau, authority, commission or other agency of the state in force at the time of such transmittal or to become effective thereafter, certified by the head of such department, board, bureau, authority, commission or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, together with a citation of the statutory authority pursuant to which each such code, rule or regulation was adopted.
c. Any code, rule or regulation which includes in the text thereof any United States statute, or code, rule or regulation previously published in the code of federal regulations or in the federal register, or any previously published data, criteria, standards, specifications, techniques, illustrations or other information reasonably available to regulated parties, shall have set forth in its text a precise identification of such material, including but not limited to: applicable titles, dates, editions, page numbers, section numbers, and authors, the names and addresses of the publisher from whom a copy may be obtained, and the designated office or offices of the adopting agency at which such material is available for public inspection and copying.
d. No amendment to any material identified pursuant to paragraph c of this subdivision shall be effective unless adopted in compliance with the applicable provisions of law and filed with the secretary of state pursuant to this section.
e. The secretary of state shall promulgate rules establishing procedure, forms, style and font for submission of every such code, rule and regulation required to be submitted by this section.
2. Immediately upon adopting any new code, rule or regulation including any rule as defined in the state administrative procedure act, or any amendment to or repeal thereof, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, the original thereof shall be filed in the office of the department of state. Attached thereto shall be a certificate, in a form prescribed by the secretary of state, citing the statutory authority including particular sections and subdivisions pursuant to which each such change or new code, rule or regulation was adopted, the date of adoption, and the date of publication in the state register of the notice required under the provisions of the state administrative procedure act as well as the date and manner of publication of any additional prior notice required under any other statute. If the action taken shall be exempt from the provisions of the state administrative procedure act and if no other statutory notice requirement shall be applicable the certificate shall so state. Such certificate shall be signed by the head of the department, board, bureau, authority, commission, or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, or, in lieu of such signatures, it may be signed by a person designated by such head or chairman aforementioned, provided such designation is made in writing, contains therein the signature of the person designated, and is filed with the department of state. The secretary of state shall reject any rule submitted for filing in the event that either the notice required by subdivision five or six of section two hundred two of the state administrative procedure act, or the attached certificate, reveals that the rule was not adopted in substantial compliance with section two hundred two of such act.
3. It shall be the duty of the secretary of state to prepare a master compilation of all such codes, rules and regulations in such form and order as he may determine. He shall not, however, change the language of any existing code, rule or regulation except a title or explanatory caption; but he shall recommend any such change as he may deem advisable to the department, board, bureau, officer, authority, commission or other agency of the state authorized to adopt such code, rule or regulation. Such master compilation shall include all codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in effect on the first day of January, nineteen hundred forty-five, and which he shall certify as a true copy of the master compilation prepared by him.
4. Publication of all such codes, rules and regulations filed with the secretary of state pursuant to this section shall be provided in the following manner:
a. the secretary of state shall make readily available in his office, for public inspection and copying, the full text of the master compilation;
b. each agency shall make readily available at a designated office or offices of the agency, for public inspection and copying, the full text of all codes, rules and regulations adopted by the agency;
c. at the same time material identified pursuant to paragraph c of subdivision one of this section is filed with the secretary of state, an agency shall transmit a copy of all such material except material that is: (i) a United States statute or a code, rule or regulation published in the Code of Federal Regulations or in the Federal Register; or (ii) readily available without charge on the internet to the legislative library and, within each judicial department of the state, one court law library designated by the chief administrator of the courts; provided that for materials readily available on the internet, the agency shall identify the address at which such materials can be accessed;
d. notwithstanding any provisions of law to the contrary, photocopies of any codes, rules and regulations shall be available to the public upon payment of a fee not to exceed twenty-five cents per page; and
e. the secretary of state shall cause such compilation to be printed; however, he may exclude from such printed compilation any previously published portion of a rule which is precisely identified in the text thereof pursuant to paragraph c of subdivision one of this section.
5. The compilation printed pursuant to paragraph e of subdivision four of this section shall be known as the "official compilation of codes, rules and regulations of the state of New York" and shall presumptively establish the codes, rules and regulations of the state of New York, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in force and effect on the first day of January, nineteen hundred forty-five. The official supplements to such compilation published as hereinafter provided shall presumptively establish any changes in such codes, rules and regulations and any new codes, rules or regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, affected by addition, amendment or repeal, or adopted during the period ending on the thirty-first day of December in any year immediately preceding the publication of such supplement. Nothing in such official compilation or any new edition thereof or official supplement thereto shall be construed as repealing or amending any code, rule or regulation adopted by any department, board, bureau, authority, commission or other agency of the state, and in case of any inconsistency arising through omission or otherwise between the official compilation and such codes, rules and regulations as filed in the office of the secretary of state, the latter shall prevail.
§ 103. Future editions and supplements of official compilations. 1. In any year the secretary of state may, whenever he shall believe that the public interest will be served thereby, cause a new edition of such official compilation or any volume thereof to be published, which compilation shall be published as soon as practicable, and shall set forth the codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state on file in the office of the department of state on the date as of which such new edition is published.
2. The secretary of state may, whenever he deems it to be necessary, cause to be published an official supplement to the official compilation, showing all new and all changes in existing codes, rules and regulations adopted since the effective date of the codes, rules and regulations embraced in the latest edition of the official compilation or since the end of the period covered by the preceding supplement.
3. Any new edition of such compilation published as heretofore provided, and any supplementation thereof or thereto, shall presumptively establish that the codes, rules and regulations contained therein are on file in the department of state, and are effective, unless otherwise stated, on the date as of which such new edition, or any volume thereof, or a supplementation thereto, is published.
4. Any code, rule or regulation contained in any new edition of the official compilation, or any volume thereof, or any supplementation thereto, shall not be printed in any official supplement published for any period prior to the date as of which such new edition, volume, or supplementation is published.
§ 104. Departmental cooperation. The secretary of state may advise with the several departments, boards, bureaus, officers, authorities, commissions and other agencies of the state which are authorized by statute to issue codes, rules or regulations, to the end that the same may, so far as possible, be uniform in style and form, be properly numbered and captioned and be free from matter which is obsolete.
§ 105. Changes in codes, rules or regulations. Changes in any code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state shall be made by a department, board, bureau, officer, authority, commission or other agency of the state only by addition, amendment or repeal. Every resolution or order affecting such an addition, amendment or repeal shall refer to the appropriate title and to the appropriate section or paragraph as published in the official compilation or supplement thereto. In the case of a proposed new code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state for which there is no appropriate title, the head of such department, board, bureau, authority, commission or other agency of the state shall confer with the secretary of state and shall, prior to the adoption of any resolution establishing such code, rule or regulation, have his approval in writing of the proposed title, captions and numbers of such code, rule or regulation and any parts, paragraphs or sections thereof.
§ 106. Proof of codes, rules and regulations. Any code, rule or regulation of the state of New York may be read in evidence from the official compilation or supplement thereto. To entitle any copy of a code, rule or regulation published, other than those published in such official compilation or supplement thereto, to be read in evidence there shall be contained in the same book or pamphlet a printed certificate of the secretary of state that such copy is a correct transcript of the text of the code, rule or regulation as published in such official compilation or supplement thereto. For such a certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.
§ 106-a. Internet access to the New York code, rules and regulations. The department of state shall post or maintain a link on its website to an unofficial version of the New York codes, rules, and regulations, which shall be provided at no cost to the end users. All state agencies which have adopted rules and regulations shall maintain a link to the department of state website which contains such link.
§ 107. Intergovernmental agreements. 1. The secretary of state shall compile and keep current a list of all interstate compacts and other intergovernmental agreements between or among states, subdivisions of this state and other states, or between this state or any subdivision thereof and the federal government having the force of law to which this state or any subdivision thereof is party. Such list shall contain the citations to the statutes or other official documents of this state containing the text of any such compact or agreement together with a listing of all other jurisdictions party to the compact or agreement, the date on which each such jurisdiction entered into participation in such compact or agreement with this state or subdivision thereof; the status of each such compact or agreement in respect of withdrawals therefrom and the citations to any act or resolution of the congress of the United States, if any, consenting to such compact or agreement. The list required to be kept pursuant to this subdivision also shall include compacts and agreements adopted by this state or any subdivision thereof but not in effect by reason of the absence of such other parties thereto as may be necessary to make the compact or agreement effective and binding.
2. In any case where the statutes of this state do not contain the full text of a compact or agreement to which subdivision one of this section applies, the secretary of state shall receive a true copy of the compact or agreement and keep the same on file.
3. Any amendment, supplementary agreement or administrative rule or regulation having the force of law implementing, adding to or modifying any such compact or agreement to which this state or a subdivision thereof is party shall be listed or filed in the same manner as the compact or agreement itself.
§ 130. Appointment of notaries public. 1. The secretary of state may appoint and commission as many notaries public for the state of New York as in his or her judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the state. The appointment of a notary public shall be for a term of four years. An application for an appointment as notary public shall be in form and set forth such matters as the secretary of state shall prescribe. Every person appointed as notary public must, at the time of his or her appointment, be a resident of the state of New York or have an office or place of business in New York state. A notary public who is a resident of the state and who moves out of the state but still maintains a place of business or an office in New York state does not vacate his or her office as a notary public. A notary public who is a nonresident and who ceases to have an office or place of business in this state, vacates his or her office as a notary public. A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state shall vacate his or her office as a notary public. A non-resident who accepts the office of notary public in this state thereby appoints the secretary of state as the person upon whom process can be served on his or her behalf. Before issuing to any applicant a commission as notary public, unless he or she be an attorney and counsellor at law duly admitted to practice in this state or a court clerk of the unified court system who has been appointed to such position after taking a civil service promotional examination in the court clerk series of titles, the secretary of state shall satisfy himself or herself that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public; provided, however, that where a notary public applies, before the expiration of his or her term, for reappointment with the county clerk or where a person whose term as notary public shall have expired applies within six months thereafter for reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or was unable to re-apply by reason of his or her induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable, or if the applicant has a qualifying condition, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service, or if the applicant is a discharged LGBT veteran, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service. In any case, the appointment or reappointment of any applicant is in the discretion of the secretary of state. The secretary of state may suspend or remove from office, for misconduct, any notary public appointed by him or her but no such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him or her and have an opportunity of being heard. No person shall be appointed as a notary public under this article who has been convicted, in this state or any other state or territory, of a crime, unless the secretary makes a finding in conformance with all applicable statutory requirements, including those contained in article twenty-three-A of the correction law, that such convictions do not constitute a bar to appointment.
2. A person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the state, may be appointed a notary public and retain his office as such notary public although he resides in or removes to an adjoining state. For the purpose of this and the following sections of this article such person shall be deemed a resident of the county where he maintains such office.
§ 131. Procedure of appointment; fees and commissions; fee payment methods. 1. New appointment. (a) Applicants for a notary public commission shall submit to the secretary of state with their application, the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from applicants for appointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) A notary public identification card indicating the appointee's name, address, county and commission term shall be transmitted to the appointee.
(e) The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and twenty dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk. For purposes of this section, "electronic" shall have the same meaning as set forth in section three hundred two of the state technology law.
(f) The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section.
2. Reappointment. (a) Applicants for reappointment of a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the completeness of the application for reappointment, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from each applicant for reappointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) The commission, duly dated, and a certified or original copy of the oath of office and the official signature, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk.
(e) The county clerk shall make a proper record of commissions transmitted to that office by the secretary of state pursuant to the provisions of this section.
3. Electronic notarization. (a) After registration of the capability to perform electronic notarial acts pursuant to section one hundred thirty-five-c of this article, the secretary of state shall transmit to the county clerk the exemplar of the notary public's electronic signature and any change in commission number or expiration date of the notary public's commission. Transmission may be accomplished by electronic means.
(b) Registration of the capability to perform electronic notarizations shall be treated as a new appointment by the secretary of state.
4. Fees. (a) Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public.
(b) The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces.
(c) The secretary of state shall accept payment for any fee relating to appointment or reappointment as a notary in the form of cash, money order, certified check, company check, bank check or personal check. The secretary of state may provide for accepting payment of any such fee due by credit or debit card, which may include payment through the internet.
§ 132. Certificates of official character of notaries public. The secretary of state or the county clerk of the county in which the commission of a notary public is filed may certify to the official character of such notary public and any notary public may file their autograph signature and a certificate of official character in the office of any county clerk of any county in the state and in any register's office in any county having a register and thereafter such county clerk may certify as to the official character of such notary public. The secretary of state shall collect for each certificate of official character issued the sum of one dollar. The county clerk and register of any county with whom a certificate of official character has been filed shall collect for filing the same the sum of ten dollars. For each certificate of official character issued, with seal attached, by any county clerk, the sum of five dollars shall be collected.
§ 133. Certification of notarial signatures. The county clerk of a county in whose office any notary public has qualified or has filed their autograph signature and a certificate of official character, shall, when so requested and upon payment of a fee of three dollars, affix to any certificate of proof or acknowledgment or oath signed by such notary anywhere in the state of New York, a certificate under their hand and seal, stating that a commission or a certificate of official character of such notary with their autograph signature has been filed in the county clerk's office, and that the county clerk was at the time of taking such proof or acknowledgment or oath duly authorized to take the same; that the county clerk is well acquainted with the handwriting of such notary public or has compared the signature on the certificate of proof or acknowledgment or oath with the autograph signature deposited in their office by such notary public and believes that the signature is genuine. An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this state in respect to which a certificate of a county clerk may be necessary for either purpose. In addition to the foregoing powers, a county clerk of a county in whose office a notary public has qualified may certify the signature of an electronic notary public, registered with the secretary of state pursuant to section one hundred thirty-five-c of this article, provided such county clerk has received from the secretary of state, an exemplar of the notary public's registered electronic signature.
§ 134. Signature and seal of county clerk. The signature and seal of a county clerk, upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds, may be a facsimile, printed, stamped, photographed or engraved thereon.
§ 135. Powers and duties; in general; of notaries public who are attorneys at law. Every notary public duly qualified is hereby authorized and empowered within and throughout the state to administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction.
A notary public who is an attorney at law regularly admitted to practice in this state may, in his discretion, administer an oath or affirmation to or take the affidavit or acknowledgment of his client in respect of any matter, claim, action or proceeding.
For any misconduct by a notary public in the performance of any of his powers such notary public shall be liable to the parties injured for all damages sustained by them. A notary public shall not, directly or indirectly, demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee or reward than seventy-five cents for such protest, and ten cents for each notice, not exceeding five, on any bill or note. Every notary public having a seal shall, except as otherwise provided, and when requested, affix his seal to such protest free of expense.
§ 138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation. A notary public, justice of the supreme court, a judge, clerk, deputy clerk, or special deputy clerk of a court, an official examiner of title, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds, who is a stockholder, director, officer or employee of a corporation may take the acknowledgment or proof of any party to a written instrument executed to or by such corporation, or administer an oath to any other stockholder, director, officer, employee or agent of such corporation, and such notary public may protest for non-acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation; but none of the officers above named shall take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if such officer taking such acknowledgment or proof be a party executing such instrument, either individually or as representative of such corporation, nor shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same. All such acknowledgments or proofs of deeds, mortgages or other written instruments, relating to real property heretofore taken before any of the officers aforesaid are confirmed. This act shall not affect any action or legal proceeding now pending.
§ 141. Commissioners of deeds in other states, territories and foreign countries. The secretary of state may, in his discretion, appoint and commission in any other state, territory or dependency, or in any foreign country, such number of commissioners of deeds as he may think proper, each of whom shall be a resident of or have his place of business in the city, county, municipality or other political subdivision from which chosen, and shall hold office for the term of four years, unless such appointment shall be sooner revoked by the secretary of state, who shall have power to revoke the same. A person applying for appointment as a commissioner of deeds shall state in his application the city, county, municipality or other political subdivision for which he desires to be appointed, and shall enclose with his application the sum of twenty-five dollars, which sum, if a commission shall be granted, shall be paid by the secretary of state into the state treasury, and if such commission shall not be granted, then the same shall be returned to the person making the application. Each commissioner, before performing any of the duties or exercising any of the powers of his office, shall take the constitutional oath of office, if appointed for a city or county within the United States, before a justice of the peace or some other magistrate in such city or county; and if for a territory or dependency, before a judge of a court of record in such territory or dependency; and if for a city, municipality or other political subdivision in a foreign country, before a person authorized by the laws of this state to administer an oath in such country, or before a clerk or judge of a court of record in such foreign country; and shall cause to be prepared an official seal on which shall be designated his name, the words, "commissioner of deeds for the state of New York," and the name of the city or county, and the state, country, municipality or other political subdivision from which appointed, and shall file a clear impression of such seal, his written signature and his oath certified by the officer before whom it was taken, in the office of the department of state. The secretary of state upon receipt of such impression, signature and oath, shall forward to such commissioner instructions and forms, and a copy of the appropriate sections of this chapter.
§ 142. Powers of such commissioners. Every such commissioner shall have authority, within the city, county, municipality or other political subdivision for which he is appointed, and in the manner in which such acts are performed by authorized officers within the state:
2. To administer oaths.
ARTICLE 6-B SERVICES TO LOCALITIES
Section 150. Legislative findings.
151. Definitions.
152. General functions, powers and duties.
153. Specific powers, functions and duties.
§ 150. Legislative findings. The legislature hereby finds and declares that:
1. Strong local government has been a major positive factor in the political, economic and social development of the state;
2. The future welfare of the state depends in large measure on the effectiveness of local government and of its relationships to state government;
3. Population shifts and other economic and social trends have brought new problems to local government;
4. The state has the responsibility toward local government to coordinate state services and information for the benefit of local government, to assist in the solution of its problems, and otherwise to help local government in making itself as strong and effective as possible;
5. The need for a more rational planning process requires a high degree of local, state and interstate cooperation;
6. The need for a single state agency to review and comment on local planning efforts of statewide significance, state agency planning and interstate planning commission programs is recognized;
7. A common data base developed by the official state planning agency in conjunction with planning efforts at all levels of government is essential to effective planning; and
8. State planning and development policies should promote planning programs among state agencies and between levels of government that maximize environmental and economic benefits to the localities.
§ 151. Definitions. As used in this article, the term "municipalities" shall include public corporations as defined in subdivision one of section sixty-six of the general construction law and special districts as defined in subdivision sixteen of section one hundred two of the real property tax law.
§ 152. General functions, powers and duties. The department of state, by and through the secretary of state or duly authorized officers or employees, shall have the following functions, powers and duties:
1. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with municipalities to the end of providing more effective services to such municipalities.
2. To keep the governor informed as to the problems of municipalities and to advise and assist in formulating policies with respect thereto and utilizing the resources of the state government for the benefit of municipalities.
3. To serve as a clearinghouse, for the benefit of municipalities, regarding information relating to their common problems and to the state and federal services available to assist in the solution of those problems.
4. To refer municipalities to the appropriate departments and agencies of the state and federal governments for advice, assistance and available services in connection with particular problems
5. To advise and assist municipalities in the solution of particular problems.
6. To conduct studies and analyses of the problems of municipalities and to make the results thereof available as the secretary may deem appropriate.
7. To encourage and assist cooperative efforts among municipalities in developing among themselves solutions of their common problems.
8. To encourage expansion and improvement of training made available to municipal officials, in cooperation with municipalities and the organizations representing them.
9. To consult with and cooperate with municipalities and officers, organizations, groups and individuals representing them, to the end of more effectively carrying out the functions, powers and duties of the department.
10. To encourage and facilitate cooperation and collaboration among agencies and levels of government, and between government and the private sector, for the protection and development of human, natural and man-made resources.
11. To advise and assist municipalities in the performance of their planning and development activities.
12. To aid and assist, in the provision and coordination of state technical assistance and services in connection with the planning and development activities of municipalities.
13. To provide assistance and guidance to municipalities and, as appropriate, to the private sector, through the compilation, formulation and dissemination of necessary information, projections and techniques relating to development of resources.
14. To undertake any studies, inquiries, surveys or analyses necessary for performance of the functions, powers and duties of the department through the personnel of the department or consultants, or in cooperation with any public or private agencies.
15. To adopt, amend or rescind such rules, regulations and orders as may be necessary or convenient for the performance of its functions, powers and duties under this article.
16. To enter into contracts with any persons, firm, corporation or governmental agency, and to do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
17. To effectuate the purposes of this article, and to enable the department properly to carry out its functions, powers and duties, the secretary of state may request from any state department or agency or from any municipality, and the same are hereby authorized to provide, appropriate assistance, services and data.
22. To prepare and recommend to the legislature and the governor legislative proposals relating to municipalities.
23. With the approval of the governor, to accept and administer as agent of the state any gift, grant, devise or bequest, whether conditional or unconditional, including federal grants, for any of the purposes of this article. Any moneys so received may be expended subject to the same limitations as to approval of expenditures and audits as are prescribed for state moneys.
§ 153. Specific powers, functions and duties. The department of state shall have the following specific powers, functions and duties:
1. (a) To act as the official state planning agency for all of the purposes of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four, as heretofore and hereafter amended, except as otherwise provided by law.
(b) To act as agent for, and enter into contracts and otherwise cooperate with, the federal government in connection with the authority referred to in paragraph (a) of this subdivision, and as such agent to administer any grant or advance of funds for the assistance of any such activities to the state, or through the state to the governing bodies of municipalities, legally constituted metropolitan or regional planning agencies, and tribal councils or other legally constituted tribal bodies for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, complying with the provisions of such grants or advances.
(c) To present any claim, other than claims required by law to be presented by the commissioner of transportation, to the federal government or any agency or official thereof with respect to the funds made available for the purposes specified in paragraphs (a) and (b) of this subdivision.
(d) To enter into a contract or contracts with any municipality, legally constituted metropolitan or regional planning agency, or tribal council or other legally constituted tribal body for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, in connection with the authority provided in paragraph (a) of this subdivision for grants to be made to such municipality, planning agency or tribal council or other legally constituted tribal body by the state, within amounts appropriated therefor, for planning projects approved by the secretary, which contracts shall provide that the approved cost of a planning project, over and above the amount which may be received from federal grants therefor, shall be borne in an amount not to exceed one-half thereof by the state pursuant to such contracts and the remainder thereof out of local funds appropriated therefor by such municipality, planning agency or tribal council or other legally constituted tribal body.
2. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; and to take any further action which may be required under the terms of any such federal act.
3. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal public works and economic development act of nineteen hundred sixty-five, as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; to review and approve overall economic development programs prepared under the provisions of such federal acts as to the qualifications of the area or district organization and the adequacy and reasonableness of such programs, and every political subdivision of the state, or private or public non-profit organization or association submitting an overall economic development program to the federal government must submit such overall economic development program for review by the department of state; to act on behalf of the political subdivisions of the state in connection with making findings that projects for which financial assistance is sought under the provisions of such federal acts are consistent with an overall program for the economic development of the area; and to take any further action which may be required under the terms of any such federal acts, including but not limited to delineating economic development districts and economic development regions and providing for the administration of such districts and regions in any manner deemed appropriate by the department, except that with regard to section three hundred two of such act, the governor shall designate the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of such section.
5. (a) To make or contract to make, within appropriations therefor, state grants to municipalities to cover fifty per centum of the costs to municipalities of preparing applications to the federal government for federal assistance for the planning of comprehensive city demonstration programs as authorized under title one of the demonstration cities and metropolitan development act of nineteen hundred sixty-six as modified by the provisions of title I of the housing and community development act of nineteen hundred seventy-four, and any federal laws as heretofore and hereafter amended, as such costs shall be certified by the municipality and approved by the secretary of state.
(b) In the case of municipalities which have contracted with the federal government for a federal grant to assist in financing the costs of planning comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, to make or contract to make, within appropriations therefor, state grants to such municipalities to cover fifty per centum of the net cost to the municipality of undertaking and completing such planning, exclusive of any federal assistance, as such net cost shall be certified by the municipality and approved by the secretary of state, but in no event shall such state grants exceed one-eighth of the federal grant.
(c) In the case of municipalities which have had applications approved by the federal government for federal assistance for the planning of comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, but for which federal funds are not then available, to make or contract to make, within appropriations therefor, state grants to such municipalities in an amount not to exceed ninety per centum of the reasonably anticipated costs of undertaking and completing such planning, as such costs shall be certified by the municipality and approved by the secretary of state; provided, however, that no such grant shall be made unless the municipality agrees to repay such grant out of federal funds made available to the municipality for such planning, when and to the extent such federal funds are made available.
(d) In carrying out the functions, powers and duties prescribed in paragraphs (a), (b) and (c) of this subdivision and in developing plans and applications under title one of the housing and community development act of nineteen hundred seventy-four, to provide such technical assistance to the municipalities as the secretary of state determines to be appropriate.
6. The department of taxation and finance is hereby designated to accept and receive all grants and advances from the federal government pursuant to the provisions of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four and the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five and the federal public works and economic development act of nineteen hundred sixty-five and the federal fire prevention and control act of nineteen hundred seventy-four, as such acts may be amended from time to time, which are provided for the purposes specified in subdivisions one, two, three, four and five of this section and all moneys so accepted and received shall be deposited by the department of taxation and finance in special funds for use exclusively for the purposes for which such grants or advances were made. Payment from such special funds shall be made upon audit and warrant of the comptroller upon vouchers approved by the secretary.
7. Nothing contained in this section shall be deemed to derogate or detract in any way from the functions, powers and duties prescribed by law of any state department or agency or any municipality, nor to interrupt or preclude the direct relationships of any such department or agency with any such municipality for the carrying out of such functions, powers and duties.
ARTICLE 7 MISCELLANEOUS PROVISIONS
Section 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous.
162. Contracts for professional services of state and municipal employees.
163. Contracts for services of state agencies.
163-a. Contracts with Green Thumb Environmental Beautification, Incorporated.
164. Reports by and to the department.
164-a. Report and publication economy regulations.
164-b. State aid to rural areas; agency reports.
164-c. Printing cost reduction notices.
164-d. Availability of application forms.
165. Commission on uniform state laws; object; membership; term of office; expenses.
166. Record of appearances.
167. Advertising and publicizing summer camps cited as subversive.
168. Notices to attorneys at law by state bodies or officers.
168-a. Designation of days of commemoration.
169. Salaries of certain state officers.
170. Audit of agencies by the state comptroller; reports of corrective action.
170-a. Celebration of Rosa Parks; bus companies.
170-b. Employee loans.
170-b*2. Racial references contained in state and municipal forms.
170-c. Regulatory penalties for small businesses.
170-d. Disclosure of disabled tenants' rights.
170-e. Disclosure of lawful source of income rights to prospective tenants.
170-e*2. Collection of demographic information.
170-f. Website accessibility; contractors and vendors.
171. Discovery and disposition of human remains and funerary objects.
§ 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous. 1. Each of the following officers, to wit: the secretary of state, the comptroller, the commissioner of taxation and finance, the attorney general, the public service commission, the commissioner of agriculture and markets, the commissioner of transportation, the industrial commissioner, the chairman of the state labor relations board, the chairman of the state liquor authority, the superintendent of financial services, the state commissioner of human rights, the commissioner of general services and the commissioner of housing and community renewal may require search to be made, in the office of any of the others, or of a county clerk or of the clerk of a court of record, for any record, document, or paper, where he or she deems it necessary for the discharge of his or her official duties, and a copy thereof, or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge.
2. No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a division or bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a division or bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor; nor shall any court clerk demand or receive from any of said state officers, or from a division or bureau of said state officers, any trial or jury fee upon filing in any court in this state a note of issue or demand for a jury trial.
3. Such salaried officer shall also furnish the services herein specified to any state department or a bureau or agency thereof acting as an agent of the state in the acquisition of real property, without the payment of any fee or charge.
§ 164-d. Availability of application forms. 1. The state and every state agency, department, bureau, board, authority, office, commission, or any other instrumentality of the state shall make the various application forms developed and distributed by such agency or instrumentality for public use that are readily convertible to internet form and are intended to be commonly used by the general public available on the internet.
2. Nothing in this section shall require that an agency or other state entity or instrumentality accept or process application forms submitted through the internet, or post application forms including user-specific data on the internet.
3. The office of information technology services shall promulgate rules and regulations to implement the provisions of this section. Such rules shall at least provide for the prioritization and timing for making application forms available on the internet.
§ 165. Commission on uniform state laws; object; membership; term of office; expenses. The commission on uniform state laws is continued. It shall be the object of the commission to examine various statutes and fields of law and to consult and cooperate with similar commissions in other states with a view to promoting uniform legislation throughout the United States whenever practicable. The commission may recommend such legislation as may accomplish its objective. It shall consist of five members appointed by the governor. The members shall hold office and may be removed at the pleasure of the governor. The commission shall serve without compensation, but each commissioner shall be entitled to receive his actual disbursements for his expenses in performing the duties of his office. The commission may employ such persons and incur such expenses as may be necessary for the performance of its duties within the amounts appropriated therefor. The commission shall report to the legislature whenever the commission deems it necessary and shall report to the legislature upon its request. Such reports shall consist of an account of the transactions of the commission and its advice and recommendations.
§ 166. Record of appearances. Every regulatory agency of the state shall keep a record of appearances before it or its appropriate divisions or bureaus of attorneys, agents and representatives appearing on behalf of any person, firm, corporation or association subject to its regulatory jurisdiction, for which they receive a fee, which record shall be open to public inspection. Each regulatory agency shall file the record with the New York temporary state commission on lobbying on forms prescribed by the commission. The record shall be filed quarterly on the fifteenth day of the month following the end of the quarter. The term "regulatory agency" as used in this section shall mean the department of financial services, department of financial services, state liquor authority, department of agriculture and markets, department of education, department of environmental conservation, department of health, division of housing and community renewal, department of state, other than the division of corporations and state records, department of public service, the industrial board of appeals in the department of labor and the department of law, other than when the attorney general or his agents or employees are performing duties specified in section sixty-three of this chapter.
§ 168. Notices to attorneys at law by state bodies or officers. 1. Whenever a person is involved as a party in a proceeding before any body or officer exercising quasi-judicial or administrative functions, and an attorney at law has filed a notice of appearance in such proceeding on behalf of such person, a copy of all subsequent written communications or notices to such person in such proceeding (other than subpoenas) shall be sent to such attorney at law, and if any such subsequent written communication or notice is sent to the party in the proceeding, a copy of the same shall be sent to the attorney at law at the same time. Every such body or officer is authorized to provide by rule or regulation for the manner in which compliance with the requirements of this section shall be effected, including, but not limited to, the form and content of notices of appearance, the manner in which an attorney at law shall file his notice of appearance in a proceeding, and the manner in which written communications or notices shall be sent to the attorney at law.
2. For the purpose of this section:
(a) "person" shall mean one or more individuals, partnerships, corporations or associations;
(b) "proceeding" shall mean any quasi-judicial or administrative procedure instituted by a written application by a person to a body or officer, by a notice of assessment given by a body or officer to a person, by a written complaint addressed by a body or officer or transmitted by a body or officer to a person, or by a notice of any hearing before a body or officer whether or not such hearing is prescribed by statute.
3. This section shall not apply to preliminary investigations.
§ 168-a. Designation of days of commemoration. 1. A day of commemoration is a calendar day so designated by this section or a calendar day in any one year so designated by a proclamation of the governor or resolution of the Senate and Assembly jointly adopted.
2. A day of commemoration shall not constitute a holiday or half-holiday but shall be a day set aside in recognition and special honor of a person, persons, group ideal or goal.
3. The following days shall be days of commemoration in each year: January sixth, to be known as "Haym Salomon Day", January twenty-seventh, to be known as "Holocaust Remembrance Day", February fourth, to be known as "Rosa Parks Day", February fifteenth, to be known as "Susan B. Anthony Day", February sixteenth, to be known as "Lithuanian Independence Day", February twenty-eighth, to be known as "Gulf War Veterans' Day", March fourth, to be known as "Pulaski Day", March tenth, to be known as "Harriet Tubman Day", March twenty-ninth, to be known as "Vietnam Veterans' Day", April ninth, to be known as "POW Recognition Day", April twenty-seventh, to be known as "Coretta Scott King Day", April twenty-eighth, to be known as "Workers' Memorial Day", the first Tuesday in May to be known as "New York State Teacher Day", May seventeenth, to be known as "Thurgood Marshall Day", the first Sunday in June, to be known as "Children's Day", June second, to be known as "Italian Independence Day", June twelfth, to be known as "Women Veterans Recognition Day", June nineteenth, to be known as "Juneteenth Freedom Day", June twenty-fifth, to be known as "Korean War Veterans' Day", the second Monday in July, to be known as "Abolition Commemoration Day", August twenty-fourth, to be known as "Ukrainian Independence Day", August twenty-sixth, to be known as "Women's Equality Day", September eleventh, to be known as "Battle of Plattsburgh Day" and also to be known as "September 11th Remembrance Day", September thirteenth, to be known as "John Barry Day" and also to be known as "Uncle Sam Day in the State of New York", September seventeenth, to be known as "Friedrich Wilhelm von Steuben Memorial Day", the third Friday in September to be known as "New York State POW/MIA Recognition Day" except if such date of commemoration cannot be observed due to a religious holiday, such observances shall then be conducted on the second Friday of September, the last Saturday in September, to be known as "War of 1812 Day", the fourth Saturday of September, known as "Native-American Day", the last Sunday in September, to be known as "Gold Star Mothers' Day", October fifth, to be known as "Raoul Wallenberg Day", October eleventh, to be known as "New Netherland Day in the State of New York", October eighteenth, to be known as "Disabilities History Day", October twenty-seventh, to be known as "Theodore Roosevelt Day", November ninth, to be known as "Witness for Tolerance Day", November twelfth, to be known as "Elizabeth Cady Stanton Day", the third Tuesday in November to be known as "New York State School-Related Professionals Recognition Day", November thirtieth, to be known as "Shirley Chisholm Day", December third, to be known as "International Day of Persons with Disabilities", December seventh, to be known as "Pearl Harbor Day", December sixteenth, to be known as "Bastogne Day" and that day of the Asian lunar calendar designated as new year to be known as "Asian New Year".
* § 170-b. Racial references contained in state and municipal forms. No form or preprinted document utilized by a state agency or public authority or by a municipality shall use the term "oriental" to identify or denote persons of Asian or Pacific Islander heritage. Any form or preprinted document utilizing such term shall be amended no later than January first, two thousand ten to replace the term "oriental" with the term "Asian" or to otherwise refer to such persons as being Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
* § 170-e. Collection of demographic information. 1. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following Asian and Pacific Islander groups in New York state:
(a) each major Asian group shall include Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the ten most populous Asian groups in the most recent five-year American community survey published by the United States Census Bureau; and
(b) each major Pacific Islander group shall include Native Hawaiian, Guamanian and Chamorro, and Samoan; or
(c) collection categories shall include a category for other Asian or Pacific Island group.
2. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following:
(a) the primary language spoken at home; and
(b) the ethnic group or ancestry.
3. Upon the release of a new five-year American community survey published by the United States Census Bureau, every state agency, board, department or commission shall update their data collection and reporting practices as required by this section and shall continue to collect and report on any demographic group no longer included in the ten most populous groups until the release of the following five-year American community survey, at which time state agencies, boards, departments or commissions may cease to collect and report on such demographic groups provided they remain outside the ten most populous groups.
4. The data collected pursuant to the different collection categories and tabulations described in subdivision one of this section, to the degree that the data quality is sufficient, shall be included in every demographic report on ancestry or ethnic origins of residents of the state of New York by the state agency, board, department, or commission published or released on or after December first, two thousand twenty-three; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet web site of the agency, board, department, or commission on or before December first, two thousand twenty-three, and annually thereafter; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. If the data quality is determined to be insufficient for publication, an explanation of the problem with the data quality shall be included in any report or publication made available to the public. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision one of this section on the agency's internet web site, in the manner prescribed by this section.
5. The requirements of this section shall not apply to the department of labor, the division of criminal justice services, the office of mental health or the office of temporary and disability assistance until two years after this section shall have become a law.
ARTICLE 7-A SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
Section 171-a. Definitions.
172. Registration of charitable organizations.
172-a. Certain persons exempted.
172-b. Reports by registered charitable organizations; registration to be cancelled for failure to file.
172-c. Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process.
172-d. Prohibited activity.
172-e. Disclosure of certain donations by charitable non-profit entities.
172-f. Disclosure of certain activities by non-charitable non-profit entities.
173. Professional fund-raisers, commercial co-venturers and fund raising counsel.
173-a. Contracts of professional fund raisers, fund raising counsel and commercial co-venturers; closing statements; final accountings.
173-b. Professional solicitor.
173-c. Non-resident professional fund-raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secretary of state as agent for service of process; service of process.
174. Solicitation by unregistered charitable organizations, professional fund-raisers or commercial co-venturers a fraud upon the people of the state.
174-a. Contracts with charitable organizations.
174-b. Solicitation.
174-c. Sales advertised to benefit a charitable organization.
174-d. Unauthorized use of names when soliciting or collecting contributions.
175. Enforcement by attorney general.
175-a. Application of article.
175-b. Municipal option.
176. Advisory council.
177. Administration and enforcement by secretary of state.
§ 171-a. Definitions. The following words and phrases as used in this article shall have the following meanings unless a different meaning is required by the context. 1. "Charitable organizations." Any benevolent, philanthropic, patriotic, or eleemosynary person or one purporting to be such or law enforcement support organization as defined in subdivision eleven of this section.
2. "Contribution." The promise or grant of any money or property of any kind or value, whether or not in combination with the sale of goods, services, entertainment or any other thing of value, including a grant or other financial assistance from any agency of government, except payments by members of any organization for membership, for services or other benefit, other than the right to vote for directors or trustees, elect officers, or hold offices.
3. "Person." Any individual, organization, group, association, partnership, corporation, or any combination of them.
4. "Professional fund raiser." Any person who directly or indirectly, by contract, including but not limited to sub-contract, letter or other agreement or other engagement on any basis, for compensation or other consideration (a) plans, manages, conducts, carries on, or assists in connection with a charitable solicitation or who employs or otherwise engages on any basis another person to solicit from persons in this state for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting for such purpose; (b) solicits on behalf of a charitable organization or any other person; or (c) who advertises that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization but is not a commercial co-venturer. A bona fide director, trustee, officer, volunteer or employee of a charitable organization or fund raising counsel shall not be deemed a professional fund raiser.
7. "Secretary." The secretary of state.
9. "Fund raising counsel." Any person who for compensation consults with a charitable organization or who plans, manages, advises, or assists with respect to the solicitation in this state of contributions for or on behalf of a charitable organization, but who does not have access to contributions or other receipts from a solicitation or authority to pay expenses associated with a solicitation and who does not solicit. A bona fide officer, volunteer, or employee of a charitable organization or an attorney at law retained by a charitable organization or an individual engaged solely to draft applications for funding from a governmental agency or an entity exempt from taxation pursuant to section 501(c)(3) of the internal revenue code, shall not be deemed a fund raising counsel.
10. "Solicit." To directly or indirectly make a request for a contribution, whether express or implied, through any medium. A "solicitation" shall be deemed to have taken place whether or not a contribution is made. For purposes of this article, a "solicitation" or a "solicitation of contributions" includes any advertising which represents that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization. Provided, however, that the printing and the mailing of a written solicitation for funds or any other thing of value to benefit a charitable organization shall not alone constitute soliciting on the part of persons who printed and mailed such solicitation if such persons do not otherwise solicit, receive or have access to contributions.
11. "Law enforcement support organization." Any organization, association, union or conference of or purporting to be of current or former law enforcement officers, including, without limitation, peace officers and police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, sheriffs, deputy sheriffs, detectives, investigators or constables or any auxiliary or affiliate of such an organization, association, union or conference composed of one or more such organizations.
12. "Attorney general". The attorney general of the state of New York.
§ 172. Registration of charitable organizations. 1. Every charitable organization, and any charitable organization registered or required to be registered pursuant to article eight of the estates, powers and trusts law, except as otherwise provided in section one hundred seventy-two-a of this article, which intends to solicit contributions from persons in this state or from any governmental agency shall, prior to any solicitation, file with the attorney general a prescribed registration form that includes, but is not limited to, the following information:
(a) The name of the organization and the name or names under which it intends to solicit contributions.
(b) The names and business, residence, or other addresses where each can regularly be found of the officers, directors, trustees, and executive personnel of the organization.
(c) The addresses of the organization and the addresses of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records.
(d) Where and when the organization was established, the form of its organization, its tax exempt status together with a copy of the most recent letter of exemption, if any, issued by the internal revenue service, the most recent communication from the internal revenue service regarding any audit thereby, if any, and a copy of any certificate of incorporation, by-laws, amendments and other operative organizational documents.
(e) A clear description of the specific programs stating whether in existence or planned for which the contributions to be solicited will be used.
(f) The date on which the fiscal year of the organization ends.
(g) Whether the organization is authorized by any other governmental authority to solicit contributions and whether it or any of its present officers, directors, executive personnel or trustees are or have ever been fined or otherwise penalized or enjoined from soliciting contributions or have been found to have engaged in unlawful practices regarding solicitation of contributions or administration of charitable assets and whether its registration or license has been suspended or cancelled by any court or other governmental agency together with the identity of such courts or governmental agencies and the reasons for such fine, penalty, injunction, suspension or cancellation.
(h) The names and addresses of any professional fund raisers, fund raising counsels and commercial co-venturers who are acting or have agreed to act on behalf of the organization.
(i) A copy of its annual report, if any, for the immediately preceding fiscal year in accordance with the requirements of section one hundred seventy-two-b of this article.
(j) The names and addresses of any chapters, branches, affiliates or organizations that share in the contributions or other revenue raised in this state.
2. The registration form shall be signed under penalties for perjury by the president or other authorized officer and the chief fiscal officer of the organization.
3. At the time of filing such registration, each charitable organization shall pay to the attorney general a fee of twenty-five dollars.
4. Any charitable organization required to register with the attorney general pursuant to this article and properly registered pursuant to article eight of the estates, powers and trusts law that has not previously registered pursuant to this article shall not be required to register separately, but shall file with the attorney general a statement that it is registered pursuant to article eight of the estates, powers and trusts law. Such statement shall be accompanied by all additional documents required to complete registration pursuant to this article, including any additional financial filings required by this article.
5. Registration pursuant to this article shall remain in effect unless it is either cancelled as provided in this article, withdrawn by the organization or the organization has failed to file the required financial report and such failure has not been remedied pursuant to subdivision seven of this section.
6. Every registered organization shall file with the attorney general within thirty days of any material change in the information required to be furnished by such organization under subdivision one of this section a prescribed form stating any such changes and signed under penalties for perjury by the president or other authorized officer of the organization.
7. In no event shall a registration of a charitable organization to solicit contributions in New York pursuant to this article continue, or be continued, in effect after the date such organization should have filed, but failed to file, a financial report in accordance with the requirements of section one hundred seventy-two-b of this article, and such organization shall not be eligible to file a new registration pursuant to this article until it shall have filed the required financial report or reports with the attorney general. If any such report is subsequently filed such organization shall file a new registration pursuant to this article, upon the payment of a re-registration fee of one hundred fifty dollars to the attorney general.
8. Forms, financial reports, professional fund raisers' contracts, and other documents required to be filed pursuant to this article become public records of the attorney general, except that where such records are forms including the names, addresses or telephone numbers of contributors and amounts contributed by them, such names, addresses, and telephone numbers of contributors and amounts contributed by them shall not be a public record and shall not be subject to disclosure pursuant to article six of the public officers law, and the attorney general shall keep such information confidential, except when authorized by a court order, and use it solely for the purpose of conducting investigations and litigation to enforce the not-for-profit corporation and religious corporation laws, the provisions of this article, article eight of the estates, powers and trusts law, and the attorney general's other authority to oversee charities and charitable assets.
9. No charitable organization, professional fund raiser, fund raising counsel or commercial co-venturer shall use or exploit the fact of its registration or the registration of any other registrant under this article or article eight of the estates, powers and trusts law so as to lead the public to believe that registration in any manner constitutes an endorsement or approval by the state.
10. To the extent practicable, the attorney general shall develop a single registration and uniform set of reporting forms to be filed in accordance with the requirements of this subdivision and those of section 8-1.4 of the estates, powers and trusts law. These forms shall avoid duplication with and make maximum use of information required in federal reporting forms filed with the attorney general.
§ 172-a. Certain persons exempted. 1. This article shall not apply to corporations organized under the religious corporations law, and other religious agencies and organizations, and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
2. The following persons shall not be required to register with the attorney general:
(a) An educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families.
(b) Fraternal, patriotic, social, alumni, law enforcement support organizations and historical societies chartered by the New York state board of regents when solicitation of contributions is confined to their membership.
§ 172-d. Prohibited activity. Except as exempted pursuant to subdivision one of section one hundred seventy-two-a of this article, in addition to other violations of this article no person shall:
§ 172-e. Disclosure of certain donations by charitable non-profit entities. 1. Definitions. For the purposes of this section:
(a) "Covered entity" shall mean any corporation or entity that is qualified as an exempt organization or entity by the United States Department of the Treasury under I.R.C. 501(c)(3) that is required to report to the department of law pursuant to this section.
(b) "In-kind donation" shall mean donations of staff, staff time, personnel or any other human resources, offices or office supplies, except that an in-kind donation shall not include an in-kind donation made by a person or entity in the course of an activity that is substantially related to accomplishing the covered entity's tax exempt purposes where the in-kind donator is offering or providing goods or services for substantially less than fair market value to individuals, corporations or groups, and those goods or services are actually purchased or consumed by wholly unaffiliated individuals, corporations or groups for no charge or substantially less than fair market value, and may include, but is not limited to, pro bono legal services and other forms of technical assistance.
§ 172-f. Disclosure of certain activities by non-charitable non-profit entities. 1. Definitions. (a) "Covered Entity" means any corporation or entity that is qualified as an exempt organization or entity by the United States Department of the Treasury under I.R.C. 501(c)(4).
§ 175. Enforcement by attorney general. 1. An action for violation of this article may be prosecuted by the attorney general, or his deputy, in the name of the people of the state, and in any such action, the attorney general or his deputy, shall exercise all the powers and perform all duties which the district attorney would otherwise be authorized to exercise or to perform therein.
2. In addition to any other action or proceeding authorized by law and any action or proceeding by the attorney general, the attorney general may bring an action or special proceeding in the supreme court, in the name and in behalf of the people of the state of New York, against a charitable organization and any other persons acting for it or in its behalf to enjoin such organization and/or persons from continuing the solicitation or collection of funds or property or engaging therein or doing any acts in furtherance thereof, and to cancel any registration statement previously filed with the attorney general pursuant to this article and for an order awarding restitution and damages, penalties and costs; and removing any director or other person responsible for the violation of this article; dissolving a corporation and other relief which the court may deem proper, whenever the attorney general shall have reason to believe that the charitable organization or other person:
§ 175-a. Application of article. This article shall not be construed to limit or restrict the exercise of the powers or the performance of the duties of the attorney general or district attorney which they otherwise are authorized to exercise or perform under any other provision of law.
§ 177. Administration and enforcement by attorney general. 1. The attorney general shall make rules and regulations necessary for the administration of this article including, but not limited to regulations and waiver procedures that will ensure that charitable organizations do not have to register twice in relation to the solicitation and administration of assets, and rules or regulations allowing or requiring any submission to the attorney general to be effected by electronic means.
ARTICLE 9 DIVISION OF MILITARY AND NAVAL AFFAIRS
Section 190. Division of military and naval affairs.
191. Restoration and display of New York state's military battle flags.
§ 190. Division of military and naval affairs. 1. Notwithstanding the provisions of any other law, the head of the division of military and naval affairs shall be the adjutant general who shall be appointed by the governor and who, except when any one of such officers shall be in the active service of the United States, shall be the commanding general of the New York army national guard, the commander of the New York air national guard or the commanding officer of the New York naval militia. The governor may exercise and perform his functions, powers and duties as commander-in-chief of the militia of the state in whole or in part through such division.
ARTICLE 10 OFFICE OF GENERAL SERVICES
Section 200. Office of general services.
201. State agency employee vehicle efficiency.
201-a. State clean-fueled vehicle program.
202. General duties.
202-a. Language translation services.
203. Additional duties of the commissioner.
203-a. Additional duties of the commissioner regarding flood related losses.
203-b. Additional duties of the commissioner regarding information on state boards.
§ 200. Office of general services. There is hereby created an office of general services in the executive department. The head of the office of general services shall be the commissioner of general services. He shall be appointed by the governor by and with the advice and consent of the senate and hold office during the pleasure of the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. Such commissioner, subject to rules prescribed by the governor, may establish such bureaus or divisions in the office of general services as he may deem necessary and may appoint such deputies, directors, assistants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal. The principal office of the office of general services shall be in the city of Albany, and branch offices may be established by direction of the governor, subject to appropriations for their maintenance.
Such commissioner may adopt, amend or rescind rules and regulations relating to the discharge of his functions, powers and duties and those of the office of general services as prescribed by law. Nothing contained herein shall limit or impair compliance with the requirements of section one hundred sixty-three of the state finance law, with respect to rules promulgated by the commissioner pursuant to such section.
§ 202. General duties. The office of general services shall provide coordinated services in support of state departments and agencies, and, as specified, authorities, municipalities and not-for-profit organizations, hereafter for the purposes of this section referred to as agencies. Such support services shall (i) serve to conserve state resources, (ii) benefit multiple agencies, and (iii) be consistent with the needs and interests of the agencies receiving those services. Support services may be delivered directly by the office of general services or by other means which ensure the cost effectiveness of those services. The commissioner of general services may recommend to the governor new services which could be offered by the office of general services, and that would reduce state or local expenditures and facilitate the mission of agencies currently receiving or which could receive such services.
§ 202-a. Language translation services. 1. Each state agency that provides direct public services in New York state shall translate all vital documents relevant to services offered by the agency into the twelve most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by United States Census Bureau. Agencies subject to this section, in their discretion, may offer up to four additional languages beyond the twelve most common languages. Such additional languages shall be decided by the state agency in consultation with the office of general services and approved by the office of general services based on the number of limited-English proficient immigrants of five years or less in New York state in need of language translation services according to the American Community Survey, including the growth of recent arrival populations in the geographic regions in which the agency's services are offered, the population of limited-English proficient individuals served by the agency, feedback from impacted community or advocacy groups, and any other relevant data published by the United States Census Bureau.
§ 203. Additional duties of the commissioner. The commissioner of the office of general services is authorized, within amounts appropriated therefor by the legislature and subject to the written approval of the attorney general, to pay and cause to be satisfied and discharged claims for damage to personal or real property or for bodily injuries or wrongful death caused in connection with the operation of a motor vehicle (a) by officers or employees of the state, while acting within the scope of their employment, or (b) by other authorized persons providing service to state government while providing such service, or (c) with relation to motor vehicles which are assigned on a permanent basis with unrestricted use to state officers or employees, when caused by such officer or employee or by a person requested to operate such motor vehicle by such officer or employee in the course of or in connection with the use of such motor vehicle by such officer or employee. Such claims payments shall be made in accordance with a contract with a private firm to process, adjust, investigate, negotiate, settle, pay, and subrogate such claims on behalf of the state, as specified in such contract, provided that such firm is duly licensed to perform such services by the state department of financial services.
Notwithstanding any other provision of law, any such contract may provide for the payment of benefits up to a maximum of fifty thousand dollars for any occurrence in accordance with article fifty-one of the insurance law and for such payments, not based on tort, the attorney general's approval shall not be required. Notwithstanding any other provision of law, any payment of other property damage or bodily injury or wrongful death claims caused by a tort of such officers, employees, or other authorized personnel shall not exceed a maximum of twenty-five thousand dollars for each claimant in accordance with such terms, conditions and requirements as shall be set forth in such contract. Any agency or unit of an agency which is supported by any funding source other than the general fund shall reimburse the general fund for all or any portion of such payments made pursuant to this section which are attributable to the other funding source.
Nothing contained in this section or in any contract provided for herein shall impair any right or obligation in connection with any executed contract of insurance entered into by the state separate and apart from the authority granted herein. No moneys appropriated for the purposes of this section shall be available for expenditure from such appropriation until a certificate of approval has been issued by the director of the budget and copies of such certificate filed with the state comptroller, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee.
§ 203-a. Additional duties of the commissioner regarding flood related losses. In accordance with 44 CFR 75.11 of the code of federal regulations, in the event that state-owned structures and their contents are damaged as the result of flood related losses, flood, and/or flood related hazards occurring in areas identified by the federal insurance administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of general services shall pay an amount not less than the limits of coverage that would be applicable if such state-owned structures and their contents had been covered by standard flood insurance policies, as defined in 44 CFR 59.1, for the repair, restoration, or replacement of such state-owned structures and contents, and shall maintain and update, not less frequently than annually, an inventory of all state-owned structures and their contents within such zones.
* § 203-b. Additional duties of the commissioner regarding information on state boards. 1. As used in this section, "commissioner" means the commissioner of general services and, "board" means any board, commission, committee, council, task force or any similar state public organization, required to be established pursuant to the state constitution, state statutes or executive order, for the exercise of any function of state government and to which members are appointed or elected. "Board" does not include:
a. any informal advisory organization not established by law;
b. any joint standing committee of the legislature or any committee of the assembly and/or senate composed entirely of members of the legislature;
c. any court;
d. the board of trustees of any institution of higher education financially supported in whole or in part by the state;
e. any entity of local government;
f. any public authority or public benefit corporation, a majority of whose members are appointed by the governor or serve as members by virtue of holding state offices to which they were appointed by the governor, or any combination thereof; and
g. any board of elections.
2. The commissioner shall maintain a list of all state boards, including state boards deemed active and regularly meeting on and after the effective date of this section. The commissioner shall keep such list on a website designated by the commissioner for the purpose of public access, and such list shall have a link to the website for each such board established pursuant to subdivision three of this section. The designated website shall be updated annually.
3. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall establish and maintain a website available to the public and provide a link to such website to the commissioner. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall annually on or before January first, update the information on its website.
4. The website established by each board or the state agency that provides administrative support or is otherwise affiliated with a board shall include, but not be limited to:
a. statutory language, executive order or other legal basis or authorization for the establishment of such board;
b. public information including departmental affiliation, contact address, phone number, and website;
c. a brief description of the purpose of the board and its legally required duties, including required reports or other products;
d. the size of board membership, current member names, and any qualifications;
e. whether members of a board are eligible for payment of expenses or other compensation in the performance of their duties as members of such board and information on compensation and expenses incurred in the prior and current fiscal years, as well as projected costs for the coming fiscal year;
f. meeting minutes and agendas, dates and locations of all meetings held, and to be held within six months, or a location, including but not limited to another website, in which such information can be publicly accessed;
g. geographic and other relevant qualifications of all current members of the board, including the county in which the member resides and the background or expertise the member possesses where such background or expertise is required for membership on such board; and
h. any other information the commissioner may require. Nothing in this section shall authorize the release or publication of any board member's residential address.
5. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall update on an annual basis beginning November first, two thousand twenty-three on its website, all vacancies, expired terms, terms expiring within one year, and the process for filling such vacancies on such boards.
6. On or before January first, two thousand twenty-four, the commissioner shall report to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly oversight, analysis and investigation committee and the chair of the senate investigations and government operations committee on the status of the list including but not limited to the number of boards reported and verified. The commissioner shall also report on any impediments to obtaining information.
* NB Effective November 1, 2023
ARTICLE 11 DIVISION OF STATE POLICE
Section 210. Division of state police.
211. Employees.
212. Equipment.
213. Acquisition of real property.
214. Establishment of training school.
214-a. Child abuse prevention.
214-b. Family offense intervention.
214-c. Elder abuse awareness.
214-d. Human trafficking awareness.
214-e. Cardiopulmonary resuscitation training and retraining.
214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities.
214-g. Opioid antagonist awareness.
214-h. Extreme risk protection orders.
214-h*2. Model law enforcement death notification policy.
215. Organization; salaries; qualifications; appointment; term; rules and regulations.
216. Bureau of criminal investigation.
216-a. Scientific crime detection laboratory.
216-b. Salary increments.
216-c. Holiday compensation.
216-d. Consumer product protection.
217. Communication.
218. Installation, operation and maintenance of basic system; personnel.
219. Availability.
220. Orders, rules or regulations.
221. System of criminal justice information.
221-a. Computer system to carry information of orders of protection and warrants of arrest.
221-b. Reporting to New York state violent crimes analysis program.
221-c. Statewide repository of data relating to unlawful methamphetamine laboratories.
221-d. Discovery of an unlawful methamphetamine laboratory.
222. Radio communication system.
223. Duties and powers of the superintendent of state police and of members of the state police.
224. Verification of complaint.
225. Enforcement of conservation law.
225-a. Lost and found property.
226. Employment of state police in towns, villages, police districts.
227. Disability benefits.
227-a. Death benefits.
228. National instant criminal background checks.
229. Retirement for cause.
230. Gun trafficking interdiction program.
231. Uniform identification cards for retired police officers.
232. Sexual assault victims unit.
233. Municipal gun buyback program.
234. New York state police body-worn cameras program.
235. Firearms safety training, and licensing appeals.
§ 210. Division of state police. The division of state police in the executive department shall be known as the "New York State Police." The head of the New York state police shall be the superintendent of state police who shall be appointed by the governor by and with the advice and consent of the senate, and hold office during his or her pleasure. The superintendent shall be a member of the state police, shall receive as salary such sum as may be appropriated by law, and shall accrue such leave credits and be eligible for the same retirement benefits, service credits and other benefits as any other member of the state police. If, prior to appointment, the superintendent served as a member of the state police, he or she, upon appointment, shall be entitled to continue to accrue and receive such credits and benefits as he or she would have been entitled to accrue and receive prior to appointment.
If, prior to his or her appointment, the superintendent shall have served as a member of the State Police for a period of ten years or more, he or she shall, provided he or she is not eligible for retirement, upon termination of service as superintendent, be reappointed, without examination, as a member of the state police in the grade held by him or her prior to appointment as superintendent, notwithstanding the absence of any vacancy in such grade. For the purpose of determining the annual salary to be paid upon such reappointment, the period of service as superintendent shall be counted as service in the grade to which reappointed.
§ 214. Establishment of training school. The superintendent may establish and maintain a training school and make rules and regulations for the conduct thereof; provided, however, that such regulations shall provide that the children or surviving spouse of a state police officer killed in the line of duty shall, if otherwise qualified, have a prior and preferred right over other applicants to appointment to such training school or academy.
§ 214-a. Child abuse prevention. The superintendent shall, for all members of the state police: (1) develop, maintain and disseminate 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; and (2) establish, and implement on an ongoing basis, a training program for all current and new employees regarding the policies and procedures established pursuant to this section.
§ 214-b. Family offense intervention. The superintendent shall, for all members of the state police including new and veteran officers, 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 in incidents of family offenses. Such policies and procedures shall make provision for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subdivision (c) of this section, on a standardized "domestic violence incident report form" promulgated by the state division of criminal justice services in consultation with the superintendent and with 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;
(b) 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 subdivision (c) of this section, including but not limited to immediately providing the victim with the written notice provided 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.
(c) The superintendent, in consultation with the division of criminal justice services and the office for the prevention of domestic violence shall determine the languages in which such translation required by subdivision (a) of this section, and the notification required pursuant to subdivision (b) of this section, 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 subdivision (b) of this section shall be made available to all state police officers in the state.
§ 214-d. Human trafficking awareness. The superintendent, in consultation with the office of temporary and disability assistance and the division of criminal justice services, shall: (1) develop, maintain and disseminate to all members of the state police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for victims of human trafficking, as referenced in section four hundred eighty-three-bb of the social services law; and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters an individual believed to be a victim of human trafficking, which shall include, but not be limited to, the provision of information and/or referral to an appropriate provider of social and legal services to human trafficking victims, in accordance with such section four hundred eighty-three-bb.
§ 214-e. Cardiopulmonary resuscitation training and retraining. 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law.
2. Each member of the division of state police shall be:
(a) trained in cardiopulmonary resuscitation during the training process to become a trooper;
(b) retrained in cardiopulmonary resuscitation every two years; and
(c) required to demonstrate the satisfactory completion of training in cardiopulmonary resuscitation.
§ 214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities. The superintendent shall, for all members of the state police:
1. 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 developmental disabilities; and
2. 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.
2-a. The superintendent may also appoint a division physician who shall be the medical consultant and chief medical examiner of the New York state police, and assistant division physicians each of whom shall be an assistant medical consultant and assistant chief medical examiner of the New York state police.
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
3-a. Notwithstanding any other law, rule or regulation to the contrary, the superintendent shall promulgate rules and regulations subject to approval by the governor for the administration of supplemental competitive examinations, to be given at not less than six month intervals for two years following the application deadline date of the regular competitive examination for the position of trooper, for individuals who, on the application deadline date or on the date of the regular competitive examination, are in the active military service and are otherwise qualified to sit for such exam.
§ 216. Bureau of criminal investigation. 1. The superintendent may continue, within the New York state police, a bureau of criminal investigation and assign to it members of the New York state police in such numbers and appoint to it such investigative specialists in such numbers as may be required for the purpose of preventing, investigating and detecting violations of the criminal laws of the state, and conducting such other investigations as may be provided for by law. Members of the New York state police assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent shall be classified as (a) investigators; (b) senior investigators; (c) lieutenants; (d) captains; provided, however, that investigative specialists appointed to the bureau of criminal investigation may be appointed as investigators or senior investigators at salaries to be determined by the superintendent with the approval of the director of the budget within the range from minimum to maximum provided for in this section for the positions to which appointments are made. Investigative specialists appointed to the bureau of criminal investigation shall be deemed to be members of the New York state police upon the filing by them of the constitutional oath of office, but shall not be eligible for transfer to the uniform force unless otherwise qualified under section two hundred fifteen of this article. The superintendent may employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the bureau and the New York state police in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state. Upon request of the head of any state department, or of any police agency or of any district attorney within the state, the superintendent may assign to such requesting authority members of the state police attached to the bureau of criminal investigation in such numbers and for such periods of time as he may deem necessary for the purpose of investigating and detecting felonies committed within the state. Members of the state police assigned or appointed to the bureau of criminal investigation are empowered to cooperate with departments of the United States government in the investigation of violations of the federal laws of the grade of felony within this state. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the bureau of criminal investigation.
2. (a) There shall be within the bureau of criminal investigation a hate crime task force. The superintendent shall assign to it such personnel as may be required for the purpose of preventing, investigating, and detecting hate crimes as defined in article four hundred eighty-five and sections 240.30 and 240.31 of the penal law. When at all possible, the task force members shall assist and support other law enforcement agencies in preventing, investigating, and detecting offenses committed due to a perception or belief regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person.
(b) The task force shall issue reports and publications, in conjunction with the division of human rights and the division of criminal justice services, in order to inform persons of all available rights and remedies under the penal law as referenced in paragraph (a) of this subdivision, as well as prohibitions against discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, familial status, domestic violence victim status, genetic predisposition status, or marital status as those terms are defined by article fifteen of this chapter.
(c) The first report issued by the hate crimes task force, as required by paragraph (b) of this subdivision, shall be issued within ninety days of the effective date of this subdivision. Subsequent reports shall be issued annually thereafter.
§ 216-a. Scientific crime detection laboratory. 1. The superintendent may maintain a scientific crime detection laboratory, and may appoint, employ or assign a director thereof, and such additional members or employees as he may deem necessary for the proper maintenance and operation of such scientific crime detection laboratory, within the appropriation. The superintendent may also employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the New York state police and the laboratory in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state.
2. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the laboratory.
§ 216-c. Holiday compensation. 1. Notwithstanding the provisions of section one hundred thirty-five of the civil service law, members of the division of state police, other than troopers attending the state police academy for basic training, the division physician, assistant division physicians, inspectors, deputy chief inspectors, confidential assistant to the superintendent, the assistant deputy superintendents, the chief inspector, the counsel, first assistant counsel, assistant counsels, deputy superintendents, first deputy superintendent, state police director of personnel, assistant director of personnel-state police and the state police director of scientific laboratory shall effective April first, nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and effective June thirteenth, nineteen hundred eighty-five for such other members receive annual holiday compensation in an amount to be computed for each member by dividing his annual basic salary by one thousand nine hundred ninety-two hours to obtain an hourly rate of pay and multiplying such hourly rate by fifty-two and four-tenths hours, adjusted to the next higher whole dollar amount. Such compensation shall be in lieu of any other premium which may be paid for work on a legal holiday and shall be included in and be a part of the member's annual basic salary and on and after April first nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen of the civil service law and on and after June thirteenth, nineteen hundred eighty-five for such other members is included in the annual basic salary schedules applicable to such members pursuant to this article.
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall continue to receive holiday compensation, effective April first, two thousand ten, in the amount of fifteen hundred thirty-six dollars. Effective April first, two thousand fourteen, such amount shall be increased to fifteen hundred sixty-seven dollars. Effective April first, two thousand fifteen, such amount shall be increased to fifteen hundred ninety-eight dollars. Effective April first, two thousand sixteen, such amount shall be increased to sixteen hundred twenty-two dollars. Effective April first, two thousand seventeen, such amount shall be increased to sixteen hundred forty-six dollars. Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall receive holiday compensation as follows:
April 1, 2018 $1,646
April 1, 2019 $1,679
April 1, 2020 $1,713
April 1, 2021 $1,747
April 1, 2022 $1,782 Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-d. Consumer product protection. 1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.
2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.
3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:
a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and
d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.
4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.
§ 221. System of criminal justice information. 1. When any peace officer or police agency within this state shall receive a complaint that a felony involving the use of deadly physical force or a deadly weapon has been committed, and if the perpetrator thereof be not apprehended within thirty minutes after such complaint has been received, or, in the case of any other felony, if the perpetrator thereof be not apprehended within five hours, such police agency shall cause information of such felony to be electronically entered into the New York statewide police information network in accordance with the rules for such entry promulgated by the superintendent of state police. Police agencies not directly connected with the New York statewide police information network shall transmit such information to the nearest or most convenient electronic entry point, from which point it will be immediately dispatched, in conformity with the orders, rules or regulations governing the network.
2. Any warrant of arrest, bench warrant or superior court warrant of arrest, as such terms are defined in section 1.20 of the criminal procedure law, relating to any offense defined as a felony in subdivision five of section 10.00 of the penal law, or a probation warrant issued pursuant to section 410.40 of the criminal procedure law, must be entered into the system no later than forty-eight hours from the time it is received by the police officer or peace officer to whom it is addressed if the subject of the warrant has not been apprehended prior to that time.
3. When any police officer, peace officer or police agency in the state shall receive a complaint of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this chapter, such police officer, peace officer or police agency may, in his or her discretion, as appropriate, cause information concerning such missing child to be promptly dispatched over the police communication system. Police agencies not connected with the basic system 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. No dispatch or transmission of a report concerning a missing child shall be required by this subdivision 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.
§ 221-a. Computer system to carry information of orders of protection and warrants of arrest. 1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six, eight and ten of the family court act, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three and seven of such act and section 530.13 of the criminal procedure law shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law.
2. The superintendent shall prescribe standardized forms for warrants issued in connection with orders of protection and special orders of conditions included in the statewide computerized registry. Except for orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, only those standardized forms prescribed herein and pursuant to section eight hundred fourteen-a of the family court act, subdivision three of section two hundred forty of the domestic relations law, and subdivision twelve of section 530.12 and subdivision one of section 530.13 of the criminal procedure law shall be utilized in cases resulting in orders which must be entered into the statewide computerized registry.
3. Whenever any court issues an order of protection or special order of conditions, the sheriff's office or appropriate municipal police department in the county in which the complainant or petitioner resides, or if he or she resides within a city, the police department of such city, which receives a copy of the order of protection or special order of conditions from the clerk of the court or otherwise pursuant to law, shall promptly transmit such information on the order of protection or special order of conditions as required by rule and regulation over the law enforcement communication system, including but not limited to: the names of the parties to the proceeding giving rise to such order, the date such order becomes effective, the date such order was served or whether the defendant or respondent had actual knowledge of such order because he or she was present in court when such order was issued, the date such order is to expire, and the terms and conditions of such order. When any peace officer, acting pursuant to his or her special duties, or police officer receives a warrant issued by family court, supreme court or by a criminal court pertaining to an order of protection or special order of conditions, as described in subdivision one of this section, the officer shall cause specific information on the warrant as required by rule and regulation to be promptly dispatched over the law enforcement communication system. For purposes of this subdivision, municipal shall have the same meaning as municipality, as defined in subdivision six of section eight hundred thirty-five of this chapter. Notwithstanding the provisions of article fifty-four of the civil practice law and rules, a person entitled to protection under an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, may file such order without fee with the clerk of a court in this state having jurisdiction over family, criminal or matrimonial proceedings; such order shall be accompanied by a sworn affidavit that upon information and belief such order is in effect as written and has not been vacated or modified. Upon such filing, information regarding such order shall be transmitted to the statewide computerized registry in accordance with this section, provided, however, that such filing and registry entry shall not be required for enforcement of such order.
4. Courts and law enforcement officials, including probation officers, and employees of local correctional facilities and the department of corrections and community supervision who are responsible for monitoring, supervising or classification of incarcerated individuals or parolees shall have the ability to disclose and share information with respect to such orders and warrants consistent with the purposes of this section, subject to applicable provisions of the family court act, domestic relations law and criminal procedure law concerning the confidentiality, sealing and expungement of records.
5. In no case shall the state or any state or local law enforcement official or court official be held liable for any violations of rules and regulations promulgated under this section, or for damages for any delay or failure to file an order of protection or special order of conditions, or to transmit information to the law enforcement communication network pertaining to such orders or related family court arrest warrants, or for acting in reliance upon such information. For purposes of this subdivision law enforcement official shall include but not be limited to an employee of a sheriff's office, or a municipal police department or a peace officer acting pursuant to his or her special duties.
6. The superintendent shall establish procedures for the prompt removal of orders of protection and special orders of conditions from the active files of the registry upon their expiration. The superintendent shall establish procedures for prompt disclosure of such orders and warrants consistent with the purposes of paragraph (a-1) of subdivision one of section two hundred forty of the domestic relations law and subdivision (e) of section six hundred fifty-one of the family court act.
§ 221-b Reporting to New York state violent crimes analysis program. 1. Every law enforcement agency which receives a report of an actual or attempted abduction or molestation shall notify the New York state violent crimes analysis program, via the requirements of the New York statewide police information network, of such report. Such program shall make comparisons of data in its files, and report to the law enforcement agency making an initial report, any similarities to other reports received by such program. The violent crimes analysis program shall also notify the unit of a law enforcement agency which investigates homicides when a report reveals similarities, patterns or modus operandi which appear in reports of homicides.
2. Notwithstanding any other provision of law to the contrary, every law enforcement agency that accepts responsibility for investigating a homicide or attempted homicide, the discovery of unidentified human remains, a reported missing person case where circumstances indicate a strong possibility of foul play, or a sexual assault or attempted sexual assault, shall make a written report of such investigation to the New York state violent crimes analysis program. Such program shall conduct a computerized commonality analysis and provide the submitting law enforcement agency the results of such analysis. Every written report made to the violent crimes analysis program shall be in form and content as determined and prescribed by such program, upon the approval of the superintendent of state police. An initial written report shall be made to the violent crimes analysis program within thirty days of commencement of an investigation. The results of a computerized commonality analysis shall be provided by such program to the submitting law enforcement agency upon completion of such analysis in a timely manner, as prescribed by the superintendent of state police.
* § 223. Duties and powers of the superintendent of state police and of members of the state police. 1. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services, and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
2. The superintendent may, by written order, designate a police officer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, to assist members of the state police in order to more effectively address the detection of crime and apprehension of criminals within the state and its localities. Police officers so designated, while actively working in conjunction with members of the state police either directly or as part of a specific task force, shall be paid by and remain employees of their particular county, city, town or village, but shall for purposes of the criminal procedure law, have their geographic area of employment deemed to be New York state.
* NB Effective until September 1, 2025
* § 223. Duties and powers of the superintendent of state police and of members of the state police. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
* NB Effective September 1, 2025
§ 224. Verification of complaint. Where a summons has been served by a member of the state police in lieu of arrest, in cases of violation of the vehicle and traffic law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to traffic, or in cases of violations of the navigation law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to navigation, any major, any captain or any lieutenant or sergeant of the state police assigned to the troop in which the service of the summons is reported, is hereby authorized to administer to such member all necessary oaths in connection with the execution of the complaint to be presented in court by such member in the prosecution of such offense.
§ 226. Employment of state police in towns, villages, police districts. 1. The governing board of any police district provided for under article fourteen-a of the town law or of any town or of any village, may from time to time respectively contract upon behalf of said district, town or village with the superintendent of state police upon behalf of the state for the regular assignment of state police to said district, town or village upon the following terms and conditions: The superintendent of state police shall detail such number of state police officers as shall be agreed upon to such district, town or village for a period of one year; the pay, maintenance and other expenses of such detail for a period of one year shall be computed by the superintendent of state police with the approval of the state comptroller pro rata upon the total cost of the pay, maintenance and similar expenses of the whole department; before such contract shall take effect the governing board of said district, town or village shall deposit to the credit of the division of state police in a depository to be designated by the state comptroller with proper sureties, one half the sum of money so computed and upon the first day of the sixth month during the continuance of said contract shall likewise deposit the remainder of said sum; the superintendent of state police, upon audit of the comptroller, shall draw upon said depository for the pay, maintenance and other expenses of said detail when due; said detail shall have all the powers and duties and shall remain at all times under the authority and discipline of the superintendent of state police as provided for state police assigned to regular duty under this article.
2. The superintendent of state police is authorized to appoint temporarily to the regular force provided for in this article, troopers, non-commissioned officers and officers to fill the places of those detailed under such agreements. In police districts the money to be deposited as required hereunder shall be provided for as authorized under article fourteen-a of the town law as added in nineteen hundred and twenty; in towns and villages the money so deposited shall be raised by taxation.
§ 228. National instant criminal background checks. 1. (a) The division is hereby authorized and directed to serve as a state point of contact for implementation of 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.
(b) Upon receiving a request from a licensed dealer pursuant to section eight hundred ninety-six or eight hundred ninety-eight of the general business law, the division shall initiate a background check by (i) contacting the National Instant Criminal Background Check System (NICS) or its successor to initiate a national instant criminal background check, and (ii) consulting the statewide firearms license and records database established pursuant to subdivision three of this section, in order to determine if the purchaser is a person described in sections 400.00 and 400.03 of the penal law, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or ammunition.
2. (a) The division shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal background check system index, denied persons files.
(b) Information provided pursuant to this section shall remain privileged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state law regarding the purchase of firearms or ammunition.
(c) Any background check conducted by the division, or delegated authority, of any applicant for a permit, firearms identification card license, ammunition sale, or registration, in accordance with the requirements of section 400.00 of the penal law, shall not be considered a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such background check, including the applicant. Any application for a permit, firearms identification card, ammunition sale, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any state or municipal governmental agency, shall not be considered a public record and shall not be disclosed to any person not authorized by law to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
3. The division shall create and maintain a statewide firearms license and records database which shall contain records held by the division and any records that it is authorized to request from the division of criminal justice services, office of court administration, New York state department of health, New York state office of mental health, and other local entities. Such database shall be used for the certification and recertification of firearm permits under section 400.02 of the penal law, assault weapon registration under subdivision sixteen-a of section 400.00 of the penal law, and ammunition sales under section 400.03 of the penal law. Such database shall also be used to initiate a national instant criminal background check pursuant to subdivision one of this section upon request from a licensed dealer. The division may create and maintain additional databases as needed to complete background checks pursuant to the requirements of this section.
4. The superintendent shall promulgate a plan to coordinate background checks for firearm and ammunition purchases pursuant to this section and to require any person, firm or corporation that sells, delivers or otherwise transfers any firearm or ammunition to submit a request to the division in order to complete the background checks in compliance with federal and state law, including the National Instant Criminal Background Check System (NICS), in New York state. Such plan shall include, but shall not be limited to, the following features:
(a) The creation of a centralized bureau within the division to receive and process all background check requests, which shall include a contact center unit and an appeals unit. Staff may include but is not limited to: bureau chief, supervisors, managers, different levels of administrative analysts, appeals specialists and administrative personnel. The division shall employ and train such personnel to administer the provisions of this section.
(b) Procedures for carrying out the duties under this section, including hours of operation.
(c) An automated phone system and web-based application system, including a toll-free telephone number and/or web-based application option for any licensed dealer requesting a background check in order to sell, deliver or otherwise transfer a firearm which shall be operational every day that the bureau is open for business for the purpose of responding to requests in accordance with this section.
5. (a) Each licensed dealer that submits a request for a national instant criminal background check pursuant to this section shall pay a fee imposed by the bureau for performing such background check. Such fee shall be allocated to the background check fund established pursuant to section ninety-nine-pp of the state finance law. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.
(b) The bureau shall transmit all moneys collected pursuant to this paragraph to the state comptroller, who shall credit the same to the background check fund.
6. On January fifteenth of each calendar year, the bureau shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly concerning:
a. the number of employees used by the bureau in the preceding year for the purpose of performing background checks pursuant to this section;
b. the number of background check requests received and processed during the preceding calendar year, including the number of "proceed" responses and the number and reasons for denials;
c. the calculations used to determine the amount of the fee imposed pursuant to this paragraph.
7. Within sixty days of the effective date of this section, the superintendent shall notify each licensed dealer holding a permit to sell firearms of the requirement to submit a request to the division to initiate a background check pursuant to this section as well as the following means to be used to apply for background checks:
i. any person, firm or corporation that sells, delivers or otherwise transfers firearms shall obtain a completed ATF 4473 form from the potential buyer or transferee including name, date of birth, gender, race, social security number, or other identification numbers of such potential buyer or transferee and shall have inspected proper identification including an identification containing a photograph of the potential buyer or transferee.
ii. it shall be unlawful for any person, in connection with the sale, acquisition or attempted acquisition of a firearm from any transferor, to willfully make any false, fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or state law. Any person who violates the provisions of this subparagraph shall be guilty of a class A misdemeanor.
8. Any potential buyer or transferee shall have thirty days to appeal the denial of a background check, using a form established by the superintendent. Upon receipt of an appeal, the division shall provide such applicant a reason for a denial within thirty days. Upon receipt of the reason for denial, the appellant may appeal to the attorney general.
§ 230. Gun trafficking interdiction program. 1. There is hereby created within the division of criminal justice services a gun trafficking interdiction program to be administered by the commissioner of the division of criminal justice services to distribute funds in accordance with the provisions of this section for the purpose of interdicting guns and components of guns illegally entering New York with a focus on those "supplier" states from which substantial numbers of guns illegally enter this state.
2. The superintendent of the division of state police, in cooperation with the United States department of treasury, bureau of alcohol, tobacco and firearms and district attorneys in New York state, shall develop and implement a strategy for the interdiction of guns illegally entering New York from supplier states. The strategy shall include identifying and prosecuting gun traffickers and suppliers of such guns who may be violating federal, state or local laws, and cooperating with the United States department of treasury, bureau of alcohol, tobacco and firearms and appropriate prosecutorial agencies and law enforcement agencies in supplier states in the investigation and enforcement of such laws. District attorneys are authorized to enter into collaborative agreements with prosecutorial and other governmental agencies and entities in supplier states in an effort to stop the movement of illegal guns into New York.
3. The commissioner of the division of criminal justice services shall award grant monies to district attorneys for programs which are designed to interdict the flow of illegal guns across New York state borders. In order to qualify for such grant monies, a district attorney must submit an application to the commissioner of the division of criminal justice services in accordance with guidelines prescribed by the division of criminal justice services. The application shall identify a strategy and implementation plan for preventing the entry of illegal guns across New York's borders. Funds awarded under this section shall not be used to supplant federal, state or local funds. No more than fifty percent of the funds available pursuant to this section in any one fiscal year shall be awarded for programs within a single city, county, town or village.
4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commission of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from a crime scene, or is reasonably believed to have been used in or associated with the commission of a crime or is otherwise recovered as an abandoned or discarded gun, the agency shall report such seized or recovered gun to the criminal gun clearinghouse as soon as practicable, but in no case more than twenty-four hours after the agency has taken possession of such gun. Every report made to the criminal gun clearinghouse will result in the prompt submission of a request to the national tracing center of the bureau of alcohol, tobacco, firearms and explosives to trace the movement of the subject gun and such federal agency will be requested to provide the results of such a trace to the superintendent of the division of state police and to the law enforcement agency that submitted the clearinghouse report.
5. All state and local law enforcement agencies shall participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program for the purpose of sharing gun trace reports among all law enforcement agencies in the state on a reciprocal basis.
6. (a) The division of state police, in consultation with the division of criminal justice services, shall publish quarterly reports on their respective websites with information related to firearms, rifles and shotguns used in the commission of crimes in the state of New York, including but not limited to, information pertaining to the county and state of origin of the firearm, rifle or shotgun, the county and state where the firearm, rifle or shotgun was purchased, whether the firearm, rifle or shotgun was purchased by the perpetrator of the crime or by another individual, and whether the perpetrator had a license or permit to possess such firearm, rifle or shotgun.
(b) Each political subdivision, municipality, commission, agency, office, department, board and division in the state, to the extent not inconsistent with other provisions of law, shall cooperate fully with the division of state police and the division of criminal justice services and shall furnish such information and assistance, in the form and manner specified by the division of state police and the division of criminal justice services, as may be required in the performance of their function under this subdivision. If such information is not readily available or accessible, the relevant local law enforcement agency will make efforts to obtain such information, including but not limited to the reporting requirements set forth in subdivision five of this section. Such information shall be provided to the extent allowable by federal, state or any other applicable law.
7. (a) Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from the scene of a crime, or is reasonably believed to have been used or associated with the commission of a crime, or is recovered by the agency as an abandoned or discarded gun, the agency shall arrange for every such gun that is determined to be suitable for test-firing and of a type that is eligible for national integrated ballistic information network data entry and correlation to be test-fired as soon as practicable, and the results of that test-firing shall be submitted forthwith to the national integrated ballistic information network to determine whether the gun is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.
(b) Whenever a state or local law enforcement agency recovers any ammunition cartridge case that is of a type that is eligible for national integrated ballistic information network data entry and correlation at a crime scene, or has reason to believe that such recovered ammunition cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a gun, the agency shall, as soon as practicable, arrange for the ballistics information to be submitted to the national integrated ballistic information network.
8. Whenever a state or local law enforcement agency seizes or recovers any gun, the agency shall promptly enter the make, model, caliber, and serial number of the gun into the national crime information center (NCIC) system to determine whether the gun was reported stolen.
9. The superintendent may adopt rules and regulations to effectuate the provisions of this section.
§ 233. Municipal gun buyback program. 1. There is hereby established within the division of the state police a municipal gun buyback program. Agencies approved by the superintendent may participate subject to available appropriations and funds in the municipal gun buyback fund established pursuant to section ninety-seven-cc of the state finance law.
2. The division of state police shall administer the municipal gun buyback program and promulgate rules and regulations the superintendent deems necessary for the implementation of such program. Such rules shall include, but not be limited to:
(a) the manner in which an agency may apply for funds to support a municipal gun buyback program and the manner in which such funds will be allocated and distributed;
(b) guidelines for the safe storage and disposal of firearms, rifles, shotguns, and ammunition received as part of the program in the possession of the participating agency, return of any recovered stolen property to its rightful owner as appropriate, and retention for evidence of any firearm, rifle, or shotgun suspected to have been used in a crime;
(c) guidelines for an agency participating in the program to coordinate with community groups within its jurisdiction; and
(d) guidelines for allowing individuals to surrender firearms, rifles and shotguns and eligibility for monetary rewards.
3. The provisions of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law shall apply to any person voluntarily surrendering a firearm, rifle or shotgun pursuant to this section.
4. Any agency shall be authorized to develop and implement its own municipal gun buyback program provided it is otherwise permitted by law and conforms to the rules and regulations promulgated by the superintendent and outlined in subdivision two of this section.
5. For purposes of this section "agency" means the police force or department of any county, city, town, or village or a county sheriff.
§ 234. New York state police body-worn cameras program. 1. There is hereby created within the division of state police a New York state police body-worn cameras program. The purpose of the program is to increase accountability and evidence for law enforcement and the residents of the state by providing body-worn cameras to all state police officers while on patrol.
2. The division of state police shall provide body-worn cameras, to be worn by officers at all times, while on patrol. Such cameras shall record:
(a) immediately before an officer exits a patrol vehicle to interact with a person or situation, even if there is a dash camera inside such vehicle which might also be recording the interaction;
(b) all uses of force, including any physical aggression and use of a non-lethal or lethal weapon;
(c) all arrests and summonses;
(d) all interactions with people suspected of criminal activity;
(e) all searches of persons and property;
(f) any call to a crime in progress;
(g) investigative actions where there are interactions with members of the public;
(h) any interaction with an emotionally disturbed person; and
(i) any instances where officers feel any imminent danger or the need to document their time on duty.
3. The attorney general may investigate any instance where body cameras fail to record an event pursuant to this section.
4. At the discretion of the officer, body-worn cameras may not record:
(a) sensitive encounters, including but not limited to speaking with a confidential informant, or conducting a strip search; or
(b) when a member of the public asks such officer to turn off the camera; provided, however, such officer may continue recording if he or she thinks a record of that interaction should be generated.
5. The division of state police shall preserve recordings of such body-worn cameras and perform all upkeep on equipment used in such body-worn cameras. Such duties shall include:
(a) creating a secure record of all instances where there is recorded video or audio footage;
(b) ensuring officers have sufficient storage capacity on their cameras to allow for the recording of interactions required by this section; and
(c) ensuring officers have access to body-worn cameras for the recording of instances required by this section.
§ 235. Firearms safety training, and licensing appeals. 1. The superintendent shall, in conjunction with the commissioner of the division of criminal justice services, 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 the promulgation of proficiency standards for live fire training.
2. The superintendent, in conjunction with the commissioner of the division of criminal justice services, shall 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.
ARTICLE 12 OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
Section 240. Office of probation and correctional alternatives.
242. State probation commission.
243. Supervision of administration of local probation and correctional alternatives.
244. Hostels and foster homes.
245. Probation staff training and development.
246. State aid for probation services.
248. Establishment of probation scholarships.
249. Educational or training leaves of absence.
§ 240. Office of probation and correctional alternatives. 1. There shall be in the division of criminal justice services an office of probation and correctional alternatives, hereinafter referred to in this article as "the office". The head of the office shall be the director of probation and correctional alternatives, who shall be appointed by the commissioner, subject to the approval of the governor.
2. The director shall serve as special advisor to the governor regarding matters pertaining to probation and alternatives to incarceration. The director shall, in consultation with the commissioner, coordinate and make recommendations relating to the type and nature of alternative to incarceration programs needed to reduce incarceration where the purpose of such incarceration can be adequately served by alternative programs and shall work with local probation departments and the commissioner to enhance and develop probation services and alternative to incarceration programs throughout the state.
3. The commissioner, in consultation with the director, shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
4. As used in this article, the term "director" shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services.
§ 242. State probation commission. 1. There shall be a state probation commission. It shall consist of the director and six other members to be selected as follows:
(a) three shall be appointed by the governor from among persons who, as members of the community, have demonstrated an interest and involvement in the field of probation, to hold office at the pleasure of the governor and until their successors are appointed;
(b) two shall be appointed by the governor from among the probation administrators and probation officers actually employed in the field of probation in this state who have demonstrated by work in a statewide professional association, concerned generally with probation affairs throughout the state, outstanding service to the field of probation, to hold office at the pleasure of the governor and until their successors are appointed; and
(c) one shall be the state administrator of the unified court system.
2. The present members of the state probation commission who were appointed to such commission by the governor shall continue as the members of said commission appointed pursuant to paragraph (a) of subdivision one of this section at the pleasure of the governor, and until their successors are appointed and have qualified. The director shall be chairman of the commission. No member of said probation commission shall receive any compensation for his or her services as a member of such commission, but the members shall be entitled to their actual necessary expenses incurred in the performance of their duties. The commissioner may from time to time assign an employee of the division to act as secretary to said probation commission. The duties of the members of said probation commission shall be to attend the meetings of such probation commission, at the time fixed by said commission, or called by the chairman of said commission, and to consider all matters relating to probation in the state, within the jurisdiction of the office, and to advise and consult with the director in regard thereto.
§ 243. Supervision of administration of local probation and correctional alternatives. 1. The office shall exercise general supervision over the administration of probation services throughout the state, including probation in family courts and shall collect statistical and other information and make recommendations regarding the administration of probation services in the courts. The office shall endeavor to secure the effective application of the probation system and the enforcement of the probation laws and the laws relating to family courts throughout the state. After consultation with the state probation commission, the office shall recommend to the commissioner general rules which shall regulate methods and procedure in the administration of probation services, including investigation of defendants prior to sentence, and children prior to adjudication, supervision, case work, record keeping, and accounting, program planning and research so as to secure the most effective application of the probation system and the most efficient enforcement of the probation laws throughout the state. Such rules shall provide that the probation investigations ordered by the court in designated felony act cases under subdivision one of section 351.1 of the family court act shall have priority over other cases arising under articles three and seven of such act. When duly adopted by the commissioner, such rules shall be binding upon all probation officers and when duly adopted shall have the force and effect of law, but shall not supersede rules that may be adopted pursuant to the family court act. The office shall keep informed as to the work of all probation officers and shall from time to time inquire into and report upon their conduct and efficiency. The office may investigate the work of any probation bureau or probation officer and shall have access to all records and probation offices. The office may issue subpoenas to compel the attendance of witnesses or the production of books and papers. The office may administer oaths and examine persons under oath. The office may recommend to the appropriate authorities the removal of any probation officer. The office may from time to time publish reports regarding probation including probation in family courts, and the operation of the probation system including probation in family courts and any other information regarding probation as the office may determine provided expenditures for such purpose are within amounts appropriated therefor.
2. The office shall exercise general supervision over the utilization of correctional alternative programs throughout the state. The office shall collect statistical and other information and make recommendations regarding the availability, identification, coordination and utilization of such programs. The office shall endeavor to facilitate communication and coordination among and between correctional alternative programs and probation services in order to assist in making effective use of such programs. A correctional alternative program shall be deemed to refer to those programs, including eligible programs as defined in paragraph b of subdivision one of section two hundred sixty-one of this chapter, which by themselves, or when used in conjunction with one or more programs or with probation services, may serve as an alternative to a sentence or disposition of incarceration or a portion thereof, and which shall serve the interests of justice. The office shall further exercise general supervision over the administration and implementation of alternatives to incarceration service plans under the provisions of article thirteen-A of this chapter. The office shall recommend to the commissioner general rules and regulations which shall regulate methods and procedures in the administration and funding of alternative to incarceration service plans, and any other correctional alternative program funded by the state through the division, including but not limited to issuance of quarterly reports as specified by section two hundred sixty-three of this chapter. When duly adopted by the commissioner, such rules and regulations shall be binding upon all counties and eligible programs that may be funded in such plans and when duly adopted shall have the force and effect of law. The office shall keep informed as to the development, implementation and utilization of plans and funded eligible programs therein and shall from time to time inquire into and report upon their work and efficiency. The office shall investigate the work of any funded plan or eligible program and shall have access to their records and offices for such purpose.
3. (a) The office shall have the authority to certify to the commissioner those correctional alternative programs subject to supervision of the office and determined to perform a criminal justice function, as defined in subdivision ten of section eight hundred thirty-five of this chapter, for the purpose of permitting access to criminal history records for criminal justice purposes, subject to the approval of the commissioner. Any such correctional alternative program may apply for certification to the office in writing, on forms prescribed by the office. Such application shall specify, at a minimum, the following: the nature and scope of the program; the necessity for access to such records related to their criminal justice function; the names of employees, and their job titles or positions, for whom access is being sought; and any other information the office deems necessary. Certification shall include the designation of those employees of such programs for whom access to such records is authorized. No designated employee shall have access to such records until such person has satisfactorily completed appropriate training, required by the division.
(b) Notwithstanding any other provision of law, probation departments conducting investigations ordered by a court, for purposes of determining custody, adoption, visitation, or guardianship shall have access to criminal history records maintained by state law enforcement agencies for criminal justice purposes.
4. The office shall recommend to the commissioner rules and regulations which shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursuant to article six-C of the correction law. Such regulations shall instruct local probation departments to consider certain factors when investigating and approving the residence of level two or level three sex offenders sentenced to a period of probation. Such factors shall include the following:
(a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;
(b) the number of registered sex offenders residing at a particular property;
(c) the proximity of entities with vulnerable populations;
(d) accessibility to family members, friends or other supportive services, including but not limited to locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient.
§ 244. Hostels and foster homes. 1. The office is hereby authorized to provide or to pay for care in a hostel or foster home approved by the office as suitable for such cases for any probationer or parolee under the age of twenty-one years when the parole board or a judge of a court determines that there is no other suitable home for such probationer or parolee and that such probationer or parolee should be placed in such hostel or foster home. In addition to payment for such care, when ordered by the board or court, the office is authorized to provide or pay for clothing and other necessities, including medical and psychiatric treatment, required for the welfare of such probationer or parolee. The office may also provide or contract for such care in any suitable facility operated by a department of correction or by any other public or voluntary social welfare agency, institution or organization. A court with respect to such a probationer and the parole board with respect to such a parolee shall, subject to regulation by the division control admissions to and discharges from such hostels and foster homes. When placement is made in any hostel or foster home, or in any facility other than a public institution, such placement whenever practicable shall be in a hostel, or facility operated by or in the home of a person or persons of the same religious faith as the probationer or parolee.
2. The office shall have authority and the duty to stimulate programs for the development of hostels and foster homes for the care of probationers and parolees under the age of twenty-one years.
§ 245. Probation staff training and development. The office of probation and correctional alternatives shall conduct training programs for city, county and state probation personnel, prepare and execute programs of information and education to interest persons in the field of probation as a vocation, encourage the development by schools within the state of courses of study in fields related to and bearing upon probation and engage in other activities of an educational or informational nature designed to increase the number of qualified probation personnel and improve the caliber of probation service within the state. In order to effectuate the provisions of this section, the office of probation and correctional alternatives shall be authorized to prepare and disseminate printed materials, utilize media of public information, cooperate with public and private institutions of learning and employ qualified persons as lecturers or consultants on a fee basis to supplement services to be performed by its personnel hereunder. Such fees shall be payable out of funds appropriated for these purposes on the audit and warrant of the comptroller on vouchers certified or approved by the office.
§ 246. State aid for probation services. 1. The program of state aid to county probation services shall be administered by the division of criminal justice services with the advice of the state probation commission and the director of the office of probation and correctional alternatives. Funds appropriated to the division for distribution as state aid to county probation services and to the probation services of New York city shall be distributed by the division in accordance with rules and regulations adopted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives.
2. State aid shall be granted to the city of New York and the respective counties outside the city of New York for expenditures to be incurred by the county or city in maintaining and improving local probation services subject to amounts appropriated for this purpose. State aid grants shall not be used for expenditures for capital additions or improvements, or for debt service costs for capital improvements.
State aid shall be granted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives, provided the respective counties or the city of New York conform to standards relating to the administration of probation services as adopted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives.
3. Applications from counties or the city of New York for state aid under this section shall be made by filing with the division of criminal justice services, a detailed plan, including cost estimates covering probation services for the fiscal year or portion thereof for which aid is requested. Included in such estimates shall be clerical costs and maintenance and operation costs as well as salaries of probation personnel and such other pertinent information as the commissioner of the division of criminal justice services may require. Items for which state aid is requested under this section shall be duly designated in the estimates submitted. The commissioner of the division of criminal justice services, after consultation with the state probation commission and the director of the office of probation and correctional alternatives, shall approve such plan if it conforms to standards relating to the administration of probation services as specified in the rules adopted by him or her.
4. An approved plan and compliance with standards relating to the administration of probation services promulgated by the commissioner of the division of criminal justice services shall be a prerequisite to eligibility for state aid.
* The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. The administration of such additional grants shall be made according to rules and regulations promulgated by the commissioner of the division of criminal justice services. Each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter. The commissioner of the division of criminal justice services shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law. Such additional state aid shall be made in an amount necessary to pay one hundred percent of the expenditures for evidence-based practices and juvenile risk and evidence-based intervention services provided to youth sixteen years of age or older when such services would not otherwise have been provided absent the provisions of a chapter of the laws of two thousand seventeen that increased the age of juvenile jurisdiction.
* NB Effective until September 1, 2025
* The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. The administration of such additional grants shall be made according to rules and regulations promulgated by the commissioner of the division of criminal justice services. Each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter. The commissioner of the division of criminal justice services shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law.
* NB Effective September 1, 2025
* 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official to be at risk of placement into foster care.
* NB Effective until June 30, 2027
* 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official according to standards promulgated pursuant to section three hundred ninety-eight-b of the social services law to be at risk of placement into foster care.
* NB Effective June 30, 2027
6. The director, after consultation with the state probation commission, may authorize or require the comptroller to withhold the payment of state aid to any county, or the city of New York, in the event that such county, or the city of New York, (a) fails to conform to standards of probation administration as formulated by the director pursuant to this section, (b) discontinues or fails to follow an approved plan, or (c) fails to enforce in a satisfactory manner rules promulgated pursuant to this section, or laws now in effect or hereafter adopted which relate in any manner to the administration of probation services.
ARTICLE 12-A PROBATION OFFICERS AND RELATED MATTERS
Section 255. Probation in the city of New York.
256. Local probation departments.
256-a. Providing information to child protection services.
257. Probation personnel; qualifications and duties.
257-a. Civil actions against local department volunteers.
257-b. Conditional releasees; duties of supervision.
257-c. Probation administrative fee.
258. Physical, mental and psychiatric examinations.
§ 256. Local probation departments. 1. Each county shall maintain or provide for a probation agency or agencies to perform probation services therein, including intake, investigation, pre-sentence reports, supervision, conciliation, social treatment and such other functions as are assigned to probation agencies pursuant to law.
2. The board of supervisors or county legislatures of a county may establish a county probation department in which there may be merged and consolidated the responsibility for carrying out the probation work for all matters under the jurisdiction of the family court, the superior courts and the local criminal courts in and for the county. In any county where the board of supervisors or county legislatures does not establish a probation department to perform all probation work in the county, as hereinabove provided, separate probation departments to carry out the probation work for matters under the jurisdiction of particular courts may be established and there may be merged and consolidated therein the probation work for matters under the jurisdiction of two or more courts. Any probation department that does not perform all probation work in the county shall be known as the probation department for the court or courts it is to serve.
3. Two or more counties may by agreement between the local governing bodies thereof provide for the establishment, operation and maintenance of a joint county probation department. Any probation department so established shall have charge of all probation work in and for all the courts in said counties. If any such county or court therein included in the agreement shall already have a probation service, such agreement shall provide that all officers and employees in such service shall retain their civil service status and be transferred to the joint county probation service without further examination or qualification, provided however that, subject to the civil service law, such agreement may provide for the abolition of existing unnecessary offices or positions and the transfer of officers and employees to comparable positions. Any such agreement shall provide for the proportionate cost, including but not limited to salaries and employer's retirement contributions, of such joint county probation service to be borne by each county and may provide that the treasurer of one county participating in such agreement shall be the custodian of the moneys made available for expenditure for the purposes of such joint county probation service and that such treasurer may make payments from such moneys for such purposes upon audit of the appropriate auditing officer or body of such county. Such agreement may provide for such other matters as are necessary and proper to effectuate the purposes of this subdivision.
4. A probation department established pursuant to this section shall consist of a director of probation and such deputies, supervisors, probation officers and other employees as may be appointed pursuant to the provisions of this section and the provisions of section two hundred fifty-seven of this chapter.
5. The director of each probation department, other than a joint county department, shall be appointed by the chief executive officer of the county. The director of a joint county probation department shall be appointed by agreement between the chief executive officers of the counties participating in such agreement or a majority of them and in the event of a deadlock the director of the office of probation and correctional alternatives shall participate in the making of the decision. Where a county has no chief executive officer, the appointment of, or agreement to appoint, the director shall be made by the chairman of the board of supervisors or county legislatures. The director of a probation department shall have the power to appoint all deputies, supervisors, probation officers and other employees in such department within appropriations made available therefor by the board of supervisors or county legislatures. The board of supervisors or county legislatures shall fix the salaries of all personnel in the department and make the necessary appropriations therefor as well as for the expenses actually and necessarily incurred by such officers and employees in the performance of their duties. In the case of a joint county department the salaries of personnel and the amounts of other expenditures to be made available for operation of the department shall be set forth in the agreement between the counties, and the boards of supervisors or county legislatures shall make the appropriations required for the respective proportionate costs thereof.
6. (a) Each probation agency or department and state operated probation services shall provide for intake, investigation, supervision and conciliation services relating to custody, visitation and paternity proceedings and may provide for such services in support proceedings under the provisions of articles four, five, five-A and six of the family court act. For purposes of this subdivision, intake services: (i) relating to support proceedings under article four and relating to paternity proceedings under articles five and five-A of the family court act, shall include referral to the office of temporary and disability assistance's child support enforcement unit in cases where a person is applying for or receiving public assistance or where a person chooses to utilize the services of such unit; (ii) relating to support proceedings under article four of the family court act, shall include services rendered to the payors of support orders seeking to modify such orders.
(b) Each probation agency or department is authorized to enter into a contract with the appropriate local social services district for the performance of the functions of the support collection unit, in accordance with the provisions of section one hundred eleven-h of the social services law.
7. The provisions of this section shall not apply to any county that is located wholly within a city; provided, however, that the provisions of subdivision six of this section shall apply in like manner to any county that is located wholly within a city.
§ 256-a. Providing information to child protection services. Upon a determination by a probation agency or department that its records regarding an individual presently under the supervision of the agency or department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the probation agency or department shall provide the records or portions thereof determined to be relevant to the child protective service conducting the investigation. Each probation agency or department shall make provisions for the transmission of records required to be provided under this section.
§ 257. Probation personnel; qualifications and duties. 1. Except as may be otherwise specified in other provisions of law, all salaried probation officers and their supervisors, including the director, of every probation department, agency or service maintained by any county or city shall be in the competitive class of the civil service. No person shall be eligible for appointment as a probation officer or to a position that involves the duty of supervising a probation officer, who is under twenty-one years of age, or who has not had a high school education, or equivalent education, or who is not physically, mentally and morally fitted. Probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The director of any probation department may appoint non-salaried volunteer probation officers, provided they have the qualifications required of salaried officers. The general rules regulating methods and procedures in the administration of probation, as may be adopted from time to time pursuant to section two hundred forty-three of this chapter, may require additional minimum qualifications for probation personnel and shall set forth procedures, not inconsistent with this or other laws, to be followed in appointment of all probation personnel.
2. The office of probation and correctional alternatives may when necessary certify in writing the need of one or more salaried probation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein a probation department is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of such probation officer and appropriate the necessary funds, as well as provide for the necessary expenses of such officer.
3. Each probation officer who collects or has custody of money, before entering upon the duties of his or her office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the local director of probation with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him or her as such probation officer. In the discretion of the local director of probation, a position scheduled bond covering all such probation officers may be procured and executed in lieu of such individual bonds. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities and the office of probation and correctional alternatives.
4. It shall be the duty of every probation officer to furnish to each of his or her probationers a statement of the conditions of probation, and to instruct him or her with regard thereto; to keep informed concerning his or her conduct, habits, associates, employment, recreation and whereabouts; to contact him or her at least once a month pursuant to rules promulgated by the commissioner of the division of criminal justice services; to aid and encourage him or her by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his or her conduct, condition and general attitude toward society. Probation officers shall report to the head of the probation bureau or department who shall in turn report in writing to the court and the office of probation and correctional alternatives at least monthly or where there is no bureau or department, directly to the court and the office of probation and correctional alternatives concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from probationers; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with such probationer as the court may direct or as required by the general rules adopted pursuant to section two hundred forty-three of this chapter; and make such reports to the office of probation and correctional alternatives as it may require.
4-a. In the event a probationer ceases to participate in or is unsuccessfully terminated from an alcohol or substance abuse program ordered by the court as a condition of a sentence of probation pursuant to section 410.10 of the criminal procedure law or section 65.10 of the penal law, the probation officer shall immediately report said cessation or termination to the local probation director. The local probation director shall report said cessation or termination to the court within ninety days, except where the probationer has resumed participation in an alcohol or substance abuse program with the approval of the local probation director. The local probation director shall include the fact of any such report to the court in the next monthly written report to the court and the state director of probation and correctional alternatives as required pursuant to subdivision four of this section.
4-b. It shall be the duty of every probation officer to provide written notice to probationers under the officer's supervision who may be subject to any requirement to report to the office of victim services any funds of a convicted person as defined in section six hundred thirty-two-a of this chapter, the procedures for such reporting and any potential penalty for a failure to comply.
5. Probation officers may require such reports by probationers as are reasonable or necessary. Probation officers shall be peace officers.
6. (a) Notwithstanding subdivision one of this section, the director of probation in counties with a population of more than three hundred thousand, except counties wholly contained within a city, shall be in the non-competitive class of civil service and shall be appointed by the county executive with the approval of the local governing body. There shall be one deputy director of probation, who shall be in the non-competitive class of civil service. Such deputy shall be appointed by the director of probation.
(b) No person shall be eligible for appointment as a director of probation or deputy director of probation pursuant to subdivision one of this section who does not meet the minimum qualification requirements established for the position by the general rules regulating methods and procedures in the administration of probation.
(c) The provisions of this subdivision shall not apply to any person holding the office of director or deputy director of probation in any such county on the effective date of this subdivision during the term of such office.
§ 257-a. Civil actions against local department volunteers. 1. For the purposes of this section the term "volunteer" means a person authorized by a local probation department's director of the volunteer services program to participate in the local department's volunteer services program.
2. A local probation department may provide an attorney for and pay such attorney fees and expenses necessarily incurred in the defense of a volunteer in any civil action commenced against him by reason of a claim of alleged negligence or other act of such person arising out of and in the course of participating in a local department volunteer services program, and the local probation department may save harmless and indemnify such person from financial loss arising out of any claim, demand, suit of judgment by reason of the alleged negligence or other act by such person provided that, at the time that such claim arose or damages were sustained, such person was acting in the discharge of his duties and within the scope of his authorized duties and that such claim or cause of action or damages sustained did not result from the willful and wrongful act or gross negligence of such person.
3. A local probation department which authorizes indemnification under this section, however, shall not be subject to the obligations imposed by this section unless such volunteer shall, within five days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the local department and unless such person shall cooperate fully with the local probation department in the defense of said claim, demand or suit. Upon such delivery the local probation department may assume control of the representation of such person.
4. This section shall not in any way impair, limit or modify the rights and obligations under any policy of insurance.
5. The benefits of this section shall inure only to volunteers and shall not enlarge or diminish the rights of any other party.
§ 257-b. Conditional releasees; duties of supervision. 1. It shall be the duty of every probation officer to furnish each person who has been ordered to his or her supervision pursuant to subdivision two of section 70.40 of the penal law, with a statement of the conditions of release and to instruct such person with regard thereto; to keep informed concerning such person's conduct, habits, associates, employments, recreation and whereabouts; to contact such person pursuant to rules and regulations promulgated by the division; to aid and encourage such person by friendly advice and admonition and, by such other measures as may seem most suitable, to bring about improvement in such person's conduct, condition and general attitude toward society.
2. Probation officers shall report to the head of the local probation department who shall in turn report in writing to the local conditional release commission having custody of such person at least monthly concerning the conduct and condition of persons conditionally released pursuant to subdivision two of section 70.40 of the penal law; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from such persons; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with the supervision of such persons as may be required by rules and regulations promulgated by the division; and make any other reports to the division as it may require.
3. If at any time during the period of supervision, a probation officer has reasonable cause to believe a person conditionally released pursuant to subdivision two of section 70.40 of the penal law has lapsed into criminal ways or company, or has violated one or more conditions of his or her release, such probation officer shall report such fact to a member of the local conditional release commission having custody of such person.
* § 257-c. Probation administrative fee. 1. Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the probationer an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
2. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
3. The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation.
4. In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
5. Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services.
* NB Expires September 1, 2025
§ 258. Physical, mental and psychiatric examinations. Every county is charged with the duty to provide when practicable clinical facilities, and to adopt necessary rules for the use therefor, for such physical, mental and psychiatric examinations and reports as may be within the required scope of efficient probation investigation and supervision.
ARTICLE 12-B STATE BOARD OF PAROLE
Section 259. Definitions.
259-a. State board of parole; funding.
259-b. State board of parole; organization.
259-c. State board of parole; functions, powers and duties.
259-d. Hearing officers.
259-e. Institutional parole services.
259-h. Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-seven.
259-i. Procedures for the conduct of the work of the state board of parole.
259-j. Discharge of sentence.
259-k. Access to records and institutions.
259-l. Cooperation.
259-m. Compacts with other states for out-of-state parolee supervision.
259-mm. Interstate compact for adult offender supervision.
259-o. Interstate hearings for parole violations.
259-p. Interstate detention.
259-q. Civil actions against division personnel.
259-r. Release on medical parole for terminally ill inmates.
259-s. Release on medical parole for incarcerated individuals suffering significant debilitating illnesses.
259-t. Permitted activities.
259-t*2. Permitted activities.
§ 259. Definitions. When used in this article, the following terms shall have the following meanings:
1. "Board" means the state board of parole.
2. "Commissioner" means the commissioner of the department of corrections and community supervision.
3. "Community supervision" means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole.
4. "Department" means the department of corrections and community supervision.
5. "Releasee" means an individual released from an institution under the jurisdiction of the department into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole.
6. "Technical violation" means any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law.
7. "Non-technical violation" means: (a) the commission of a new felony or misdemeanor offense; or (b) conduct by a releasee who is serving a sentence for an offense defined in article 130 of the penal law or section 255.26 or 255.27 of such law, and such conduct violated a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.
8. "Absconding" means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's assigned community supervision officer or area bureau office and to notify his or her assigned community supervision officer or area bureau office of a change in residence, and reasonable efforts by the assigned community supervision officer to re-engage the releasee have been unsuccessful.
§ 259-b. State board of parole; organization. 1. There shall be in the department a state board of parole which shall possess the powers and duties hereinafter specified. The board shall function independently of the department regarding all of its decision-making functions, as well as any other powers and duties specified in this article, provided, however, that administrative matters of general applicability within the department shall be applicable to the board. Such board shall consist of not more than nineteen members appointed by the governor with the advice and consent of the senate. The term of office of each member of such board shall be for six years; provided, however, that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he is to succeed. In the event of the inability to act of any member, the governor may appoint some competent informed person to act in his stead during the continuance of such disability.
2. Each member of the board shall have been awarded a degree from an accredited four-year college or university or a graduate degree from such college or university or accredited graduate school and shall have had at least five years of experience in one or more of the fields of criminology, administration of criminal justice, law enforcement, sociology, law, social work, corrections, psychology, psychiatry or medicine.
3. The governor shall designate one of the members of the board as chairman to serve in such capacity at the pleasure of the governor or until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs. The chairman shall be responsible for the administrative functions and daily operations of the parole board and its staff, except as otherwise provided by law.
4. The members of the board shall not hold any other public office; nor shall they, at any time of their appointment nor during their incumbency, serve as a representative of any political party on an executive committee or other governing body thereof, nor as an executive officer or employee of any political committee, organization or association.
5. Each member of the board shall receive for his services an annual salary to be fixed by the governor within the amount appropriated therefor. Each member of such board shall also receive his necessary expenses actually incurred in the discharge of his duties.
6. Any member of the board may be removed by the governor for cause after an opportunity to be heard.
7. Except as otherwise provided by law, a majority of the board shall constitute a quorum for the transaction of all business of the board.
8. Members of the board shall devote their full time to their duties and shall hold no other salaried public position.
§ 259-c. State board of parole; functions, powers and duties. The state board of parole shall: * 1. have the power and duty of determining which incarcerated individuals serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or section two hundred fifty-nine-s of this article, and when and under what conditions;
* NB Effective until September 1, 2025
* 1. have the power and duty of determining which incarcerated individuals serving an indeterminate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r of this article, and when and under what conditions;
* NB Effective September 1, 2025
* 2. have the power and duty of determining the conditions of release of the person who may be presumptively released, conditionally released or subject to a period of post-release supervision under an indeterminate or determinate sentence of imprisonment;
* NB Effective until September 1, 2025
* 2. have the power and duty of determining the conditions of release of the person who may be conditionally released or subject to a period of post-release supervision under an indeterminate or reformatory sentence of imprisonment and of determining which incarcerated individuals serving a definite sentence of imprisonment may be conditionally released and when and under what conditions;
* NB Effective September 1, 2025
3. determine, as each incarcerated individual is received by the department, the need for further investigation of the background of such incarcerated individual. Upon such determination, the department shall cause such investigation as may be necessary to be made as soon as practicable, the results of such investigation together with all other information compiled by the department and the complete criminal record and family court record of such incarcerated individual to be filed so as to be readily available when the parole of such incarcerated individual is being considered;
4. establish written procedures for its use in making parole decisions as required by law. Such written procedures shall incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release, and assist members of the state board of parole in determining which incarcerated individuals may be released to parole supervision;
5. through its members, officers and employees, study or cause to be studied the incarcerated individuals confined in institutions over which the board has jurisdiction, so as to determine their ultimate fitness to be paroled;
6. have the power to revoke the community supervision status of any person and to authorize the issuance of a warrant for the re-taking of such persons;
8. have the power and perform the duty, when requested by the governor, of reporting to the governor the facts, circumstances, criminal records and social, physical, mental and psychiatric conditions and histories of incarcerated individuals under consideration by the governor for pardon or commutation of sentence and of applicants for restoration of the rights of citizenship;
9. for the purpose of any investigation in the performance of duties made by it or any member thereof, have the power to issue subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry;
10. have the power to authorize any members thereof and hearing officers to administer oaths and take the testimony of persons under oath;
11. make rules for the conduct of its work, a copy of such rules and of any amendments thereto to be filed by the chairman with the secretary of state;
12. to facilitate the supervision of all incarcerated individuals released on community supervision the chairman of the state board of parole shall consider the implementation of a program of graduated sanctions, including but not limited to the utilization of a risk and needs assessment instrument that would be administered to all incarcerated individuals eligible for parole supervision. Such a program would include various components including the use of alternatives to incarceration for technical parole violations;
13. transmit a report of the work of the state board of parole for the preceding calendar year to the governor and the legislature annually. Such report shall include statistical information regarding the demographics of persons granted release and considered for release to community supervision or deportation, including but not limited to age, gender, race, ethnicity, region of commitment and other relevant categories of classification and commitment;
14. notwithstanding any other provision of law to the contrary, where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty-five or two hundred sixty-three of the penal law or section 255.25, 255.26 or 255.27 of the penal lawand the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as a mandatory condition of such release, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting therewith or has a family member enrolled in such facility or institution, such sentenced offender may, with the written authorization of his or her parole officer and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the parole officer and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
15. Notwithstanding any other provision of law to the contrary, where a person is serving a sentence for an offense for which registration as a sex offender is required pursuant to subdivision two or three of section one hundred sixty-eight-a of the correction law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law or the internet was used to facilitate the commission of the crime, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as mandatory conditions of such release, that such sentenced offender shall be prohibited from using the internet to access pornographic material, access a commercial social networking website, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when such offender is over the age of eighteen, provided that the board may permit an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child. Nothing in this subdivision shall be construed as restricting any other lawful condition of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under eighteen years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communication with other users, such as a chat room or instant messenger; and (iii) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not enumerated herein.
15-a. Notwithstanding any other provision of law, where a person is serving a sentence for a violation of section 120.03, 120.04, 120.04-a, 125.12, 125.13 or 125.14 of the penal law, or a felony as defined in paragraph (c) of subdivision one of section eleven hundred ninety-three of the vehicle and traffic law, if such person is released on parole or conditional release the board shall require as a mandatory condition of such release, that such person install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of the vehicle and traffic law, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such parole or conditional release for such crime. Provided further, however, the board may not otherwise authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of the vehicle and traffic law.
16. determine which incarcerated individuals serving a definite sentence of imprisonment may be conditionally released from an institution in which he or she is confined in accordance with subdivision two of section 70.40 of the penal law.
17. within amounts appropriated, appoint attorneys to serve as its legal advisors. Such attorneys shall report directly to the board, provided, however, that administrative matters of general applicability within the department shall be applicable to such attorneys.
§ 259-d. Hearing officers. 1. The state board of parole shall appoint and shall have the power to remove, in accordance with the provisions of the civil service law, hearing officers who shall be authorized to conduct parole revocation proceedings. Hearing officers shall function independently of the department regarding all of their decision-making functions, and shall report directly to the board, provided, however, that administrative matters of general applicability within the department shall be applicable to all hearing officers. A hearing officer conducting such proceedings shall, when delegated such authority by the board in rules adopted by the board, be required to make a written decision in accordance with standards and rules adopted by the board. Nothing in this article shall be deemed to preclude a member of the state board of parole from exercising all of the functions, powers and duties of a hearing officer upon request of the chairman.
2. The board, acting in cooperation with the civil service commission, shall establish standards, preliminary requisites and requisites to govern the selection, appointment and removal of hearing officers. Such standards and requisites shall be designed to assure that persons selected as hearing officers have the ability to conduct parole revocation proceedings fairly and impartially. Such standards shall not require prior experience as a parole officer. The board shall have the authority to establish procedures necessary to implement this section.
§ 259-e. Institutional parole services. The department shall provide institutional parole services. Such services shall include preparation of reports and other data required by the state board of parole in the exercise of its functions with respect to release on presumptive release, parole, conditional release or post-release supervision of incarcerated individuals. Additionally, the department shall determine which incarcerated individuals are in need of a deaf language interpreter or an English language interpreter, and shall inform the board of such need within a reasonable period of time prior to an incarcerated individual's scheduled appearance before the board. Employees of the department who collect data, interview incarcerated individuals and prepare reports for the state board of parole in institutions under the jurisdiction of the department shall work under the direct supervision of the deputy commissioner of the department in charge of program services. Data and reports submitted to the board shall address the statutory factors to be considered by the board pursuant to the relevant provisions of section two hundred fifty-nine-i of this article.
§ 259-h. Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-seven. 1. The provisions of this subdivision shall apply in any case where a person is under one or more of the following sentences imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven:
(a) Life imprisonment for the crime of murder in the first degree pursuant to section ten hundred forty-five or ten hundred forty-five-a of such law;
(b) Life imprisonment for the crime of kidnapping pursuant to section twelve hundred fifty of such law; or
(c) Death commuted to life imprisonment for the crime of murder in the first degree or for the crime of kidnapping pursuant to one of the above sections.
Any such person who is not otherwise or who will not sooner become eligible for release on parole under such sentence shall be or become eligible for release on parole after service of a minimum period of imprisonment of twenty years.
2. The provisions of this subdivision shall apply in any case where a person is under one or more of the following sentences imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven:
(a) A minimum term of twenty years or more and a maximum of natural life for the crime of murder in the second degree pursuant to section ten hundred forty-eight of such law;
(b) A minimum term of twenty years or more and a maximum of natural life for the crime of kidnapping imposed pursuant to section twelve hundred fifty of such law;
(c) A minimum term of fifteen years or more and a maximum of natural life for a third conviction of a felony under laws relating to narcotic drugs pursuant to section nineteen hundred forty-one of such law; or
(d) A minimum term of fifteen years or more and a maximum of natural life for a fourth conviction of a felony pursuant to section nineteen hundred forty-two of such law.
Any person who is not otherwise or who will not sooner become eligible for release on parole under such sentence shall be or become eligible for release on parole after service of a minimum period of imprisonment of fifteen years.
3. The provisions of this subdivision shall apply in any case where a person is under a sentence imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven, other than a sentence specified in subdivisions one and two of this section. Any person who is not otherwise or who will not sooner become eligible for release on parole shall be or become eligible for release on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.
Notwithstanding the provisions of subdivisions one and two hereof, incarcerated individuals convicted of murder, second degree, and sentenced pursuant to the provisions of the penal law in effect prior to September first, nineteen hundred sixty-seven, who are not otherwise or who will not sooner become eligible for release on parole, shall be eligible for release on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.
4. In calculating time required to be served prior to eligibility for parole under the minimum periods of imprisonment established by this section the following rules shall apply:
(a) Service of such time shall be deemed to have commenced on the day the incarcerated individual was received in an institution under the jurisdiction of the department pursuant to the sentence;
(b) Where an incarcerated individual is under more than one sentence, (i) if the sentences run concurrently, the time served under imprisonment on any of the sentences shall be credited against the minimum periods of all the concurrent sentences, and (ii) if the sentences run consecutively, the minimum periods of imprisonment shall merge in and be satisfied by service of the period that has the longest unexpired time to run;
(c) No credit shall be allowed for "good conduct and efficient and willing performance of duties," under former section two hundred thirty of the correction law, repealed by chapter four hundred seventy-six of the laws of nineteen hundred seventy and continued in effect as to certain incarcerated individuals, or under any other provision of law;
(d) Calculations with respect to "jail time" "time served under vacated sentence" and interruption for "escape" shall be in accordance with the provisions of subdivisions three, five and six of section 70.30 of the penal law as enacted by chapter ten hundred thirty of the laws of nineteen hundred sixty-five, as amended.
5. The provisions of this section shall not be construed as diminishing the discretionary authority of the board of parole to determine whether or not an incarcerated individual is to be paroled.
§ 259-i. Procedures for the conduct of the work of the state board of parole.
2. Parole. * (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order, mandatory surcharge, sex offender registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law. If the incarcerated individual is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release.
(ii) Any incarcerated individual who is scheduled for presumptive release pursuant to section eight hundred six of the correction lawshall not appear before the board as provided in subparagraph (i) of this paragraph unless such incarcerated individual's scheduled presumptive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the incarcerated individual shall appear before the board for release consideration as provided in subparagraph (i) of this paragraph as soon thereafter as is practicable.
* NB Effective until September 1, 2025
* (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally interview an incarcerated individual serving an indeterminate sentence and determine whether he or she should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order and mandatory surcharge previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law. If the incarcerated individual is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release.
* NB Effective September 1, 2025
(b) Persons presumptively released, paroled, conditionally released or released to post-release supervision from an institution under the jurisdiction of the department, the department of mental hygiene or the office of children and family services shall, while on presumptive release, parole, conditional release or post-release supervision, be in the legal custody of the department until expiration of the maximum term or period of sentence, or expiration of the period of supervision, including any period of post-release supervision, or return to imprisonment in the custody of the department, as the case may be.
(c) (A) Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined but after considering if there is a reasonable probability that, if such incarcerated individual is released, he or she will live and remain at liberty without violating the law, and that his or her release is not incompatible with the welfare of society and will not so deprecate the seriousness of his or her crime as to undermine respect for law. In making the parole release decision, the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article shall require that the following be considered: (i) the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interactions with staff and incarcerated individuals; (ii) performance, if any, as a participant in a temporary release program; (iii) release plans including community resources, employment, education and training and support services available to the incarcerated individual; (iv) any deportation order issued by the federal government against the incarcerated individual while in the custody of the department and any recommendation regarding deportation made by the commissioner of the department pursuant to section one hundred forty-seven of the correction law; (v) any current or prior statement made to the board by the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated; (vi) the length of the determinate sentence to which the incarcerated individual would be subject had he or she received a sentence pursuant to section 70.70 or section 70.71 of the penal law for a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law; (vii) the seriousness of the offense with due consideration to the type of sentence, length of sentence and recommendations of the sentencing court, the district attorney, the attorney for the incarcerated individual, the pre-sentence probation report as well as consideration of any mitigating and aggravating factors, and activities following arrest prior to confinement; and (viii) prior criminal record, including the nature and pattern of offenses, adjustment to any previous probation or parole supervision and institutional confinement. The board shall provide toll free telephone access for crime victims. In the case of an oral statement made in accordance with subdivision one of section 440.50 of the criminal procedure law, the parole board member shall present a written report of the statement to the parole board. A crime victim's representative shall mean the crime victim's closest surviving relative, the committee or guardian of such person, or the legal representative of any such person. Such statement submitted by the victim or victim's representative may include information concerning threatening or intimidating conduct toward the victim, the victim's representative, or the victim's family, made by the person sentenced and occurring after the sentencing. Such information may include, but need not be limited to, the threatening or intimidating conduct of any other person who or which is directed by the person sentenced. Any statement by a victim or the victim's representative made to the board shall be maintained by the department in the file provided to the board when interviewing the incarcerated individual in consideration of release. A victim or victim's representative who has submitted a written request to the department for the transcript of such interview shall be provided such transcript as soon as it becomes available.
(B) Where a crime victim or victim's representative as defined in subparagraph (A) of this paragraph, or other person submits to the parole board a written statement concerning the release of an incarcerated individual, the parole board shall keep that individual's name and address confidential.
(d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subdivision, after the incarcerated individual has served his or her minimum period of imprisonment imposed by the court, or at any time after the incarcerated individual's period of imprisonment has commenced for an incarcerated individual serving a determinate or indeterminate term of imprisonment, provided that the incarcerated individual has had a final order of deportation issued against him or her and provided further that the incarcerated individual is not convicted of either an A-I felony offense other than an A-I felony offense as defined in article two hundred twenty of the penal law or a violent felony offense as defined in section 70.02 of the penal law, if the incarcerated individual is subject to deportation by the United States Bureau of Immigration and Customs Enforcement, in addition to the criteria set forth in paragraph (c) of this subdivision, the board may consider, as a factor warranting earlier release, the fact that such incarcerated individual will be deported, and may grant parole from an indeterminate sentence or release for deportation from a determinate sentence to such incarcerated individual conditioned specifically on his or her prompt deportation. The board may make such conditional grant of early parole from an indeterminate sentence or release for deportation from a determinate sentence only where it has received from the United States Bureau of Immigration and Customs Enforcement assurance (A) that an order of deportation will be executed or that proceedings will promptly be commenced for the purpose of deportation upon release of the incarcerated individual from the custody of the department of correctional services, and (B) that the incarcerated individual, if granted parole or release for deportation pursuant to this paragraph, will not be released from the custody of the United States Bureau of Immigration and Customs Enforcement, unless such release be as a result of deportation without providing the board a reasonable opportunity to arrange for execution of its warrant for the retaking of such person.
(ii) An incarcerated individual who has been granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph shall be delivered to the custody of the United States Bureau of Immigration and Customs Enforcement along with the board's warrant for his or her retaking to be executed in the event of his release from such custody other than by deportation. In the event that such person is not deported, the board shall execute the warrant, effect his return to imprisonment in the custody of the department and within sixty days after such return, provided that the person is serving an indeterminate sentence and the minimum period of imprisonment has been served, personally interview him or her to determine whether he or she should be paroled in accordance with the provisions of paragraphs (a), (b) and (c) of this subdivision. The return of a person granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph for the reason set forth herein shall not be deemed to be a parole delinquency and the interruptions specified in subdivision three of section 70.40 of the penal law shall not apply, but the time spent in the custody of the United States Bureau of Immigration and Customs Enforcement shall be credited against the term of the sentence in accordance with the rules specified in paragraph (c) of that subdivision. Notwithstanding any other provision of law, any incarcerated individual granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph who is subsequently committed to imprisonment in the custody of the department for a felony offense committed after release pursuant to this paragraph shall have his parole eligibility date on the indeterminate sentence for the new felony offense, or his or her conditional release date on the determinate sentence for the new felony offense, as the case may be, extended by the amount of time between the date on which such incarcerated individual was released from imprisonment in the custody of the department pursuant to this paragraph and the date on which such incarcerated individual would otherwise have completed service of the minimum period of imprisonment on the prior felony offense.
(e) Notwithstanding the requirements of paragraph (a) of this subdivision, the determination to parole an incarcerated individual who has successfully completed the shock incarceration program pursuant to section eight hundred sixty-seven of the correction law may be made without a personal interview of the incarcerated individual and shall be made in accordance with procedures set forth in the rules of the board. If parole is not granted, the time period for reconsideration shall not exceed the court imposed minimum.
3. Revocation of presumptive release, parole, conditional release and post-release supervision. (a) (i) If the parole officer having charge of a presumptively released, paroled or conditionally released person or a person released to post-release supervision or a person received under the uniform act for out-of-state parolee supervision shall have probable cause to believe that such person has committed a technical violation, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a written notice of violation may be issued according to the terms of subparagraph (iii) of paragraph (c) of this subdivision, and shall be promptly served upon such person. If the releasee has failed to appear as directed in response to a notice of violation and has failed to appear voluntarily within forty-eight hours after such time and the person would be subject to incarceration pursuant to subparagraph (xii) of paragraph (f) of this subdivision should the violation be sustained at a final revocation hearing, a warrant may be issued for the retaking of such person and for his temporary detention pending a recognizance hearing in accordance with the rules of the board. If the person has intentionally failed to appear as directed in response to a notice of violation and has intentionally failed to appear voluntarily within forty-eight hours after such time and the person would not be subject to incarceration pursuant to paragraph (f) of this subdivision should the violation be sustained at a final revocation hearing, no warrant shall issue and the violation shall be deemed sustained. Notice of that decision shall be promptly served upon the releasee. In such case, within one month of the date the notice of decision was served upon the releasee, the releasee may move to vacate such a sustained violation if the releasee can show by a preponderance of the evidence that the notice of violation was not properly served or the failure to appear was otherwise excusable. If the parole officer having charge of a person under community supervision shall have probable cause to believe that such person has committed a non-technical violation, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a notice of violation may be issued or a warrant may be issued for the retaking of such person and for his temporary detention in accordance with the rules of the board. However, if a releasee has been determined to be currently unfit to proceed to trial or is currently subject to a temporary or final order of observation pursuant to article seven hundred thirty of the criminal procedure law, no notice of violation or warrant shall be issued. The issuance of a notice of violation, service of a notice of violation, service of a notice of decision, and the retaking and detention of any person for whom a warrant has been issued pursuant to this subparagraph may be further regulated by rules and regulations of the department not inconsistent with this article. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is delivered to hold in temporary detention the person named therein pending a recognizance hearing pursuant to subparagraph (iv) of this paragraph. It shall not be a condition of parole nor may a notice of violation or a warrant be issued due to a releasee being in the company of or fraternizing with any person the releasee knows has a criminal record or knows has been adjudicated a youthful offender or due to conduct related to cannabis that is lawful pursuant to the laws of New York.
(ii) A warrant issued for a presumptive release, a parole, a conditional release or a post-release supervision violator may be executed by any parole officer or any officer authorized to serve criminal process or any peace officer, who is acting pursuant to his special duties, or police officer. Any such officer to whom such warrant shall be delivered is authorized and required to execute such warrant by taking such person and having him detained as provided in this paragraph.
(iii) Where the alleged violator is detained in another state pursuant to such warrant and is not under parole supervision pursuant to the uniform act for out-of-state parolee supervision or where an alleged violator under parole supervision pursuant to the uniform act for out-of-state parolee supervision is detained in a state other than the receiving state, the warrant will not be deemed to be executed until the alleged violator is detained exclusively on the basis of such warrant and the department has received notification that the alleged violator (A) has formally waived extradition to this state or (B) has been ordered extradited to this state pursuant to a judicial determination. The alleged violator will not be considered to be within the convenience and practical control of the department until the warrant is deemed to be executed.
(iv) Notwithstanding the provisions of any other law, upon execution of a warrant issued pursuant to this section for any releasee alleged to have committed a violation of a condition of release in an important respect in the city of New York, the authorized officer shall present the releasee to the criminal court of the city of New York or the supreme court criminal term in the county where the violation is alleged to have been committed for a recognizance hearing within twenty-four hours of the execution of the warrant. If no such court of record is available to conduct any business of any type within twenty-four hours of the execution of the warrant, the recognizance hearing shall commence on the next day such a court in the jurisdiction is available to conduct any business of any type. For any releasee alleged to have committed a violation of a condition of release in an important respect outside of the city of New York, the authorized officer shall present the releasee to a county court, district court or city court in the county or city where the violation is alleged to have been committed for a recognizance hearing. If no such court of record is available to conduct any business of any type within twenty-four hours of the execution of the warrant, the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.
(v) At a recognizance hearing, the department shall have the burden of demonstrating to the court that the executed warrant was properly issued and served pursuant to this section. The department shall be responsible for presenting information to the court regarding the alleged violation and the releasee's community supervision record. If the alleged violation is the subject of a pending criminal prosecution, the department shall coordinate with the office of the district attorney to ensure information regarding the alleged violation and the releasee's community supervision record is presented to the court. At a recognizance hearing, the department shall have the burden of demonstrating to the court that the executed warrant was properly issued and served pursuant to this section. The department shall be responsible for presenting information to the court regarding the alleged violation and the releasee's community supervision record. If the alleged violation is the subject of a pending criminal prosecution, the department shall coordinate with the office of the district attorney to ensure information regarding the alleged violation and the releasee's community supervision record is presented to the court.
(vi) At a recognizance hearing, the court shall consider all available evidence of the releasee's employment, family and community ties including length of residency in the community, history of reporting in a timely fashion to a parole or supervisory officer, and other indicators of stability. At the conclusion of the recognizance hearing, the court may order that the releasee be detained pending a preliminary or final revocation hearing only upon a finding that the releasee currently presents a substantial risk of willfully failing to appear at the preliminary or final revocation hearings and that no non-monetary condition or combination of conditions in the community will reasonably assure the releasee's appearance at the preliminary or final revocation hearing. Otherwise, the court shall release the releasee on the least restrictive non-monetary conditions that will reasonably assure the releasee's appearance at subsequent preliminary or revocation hearings, with a presumption of release on recognizance. The court shall explain its decision on the record or in writing. If non-monetary conditions of release are imposed, the releasee shall not be required to pay for any part of the cost of such conditions.
(vii) The alleged violator shall have a right to representation by counsel at the recognizance hearing. In any case, including when a court is called upon to evaluate the capacity of an alleged violator to participate in a recognizance proceeding, where such person is financially unable to retain counsel, the court in which any criminal case against the individual is pending, or if there is no such case pending, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is to be held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(viii) If the violation charge involves conduct that would constitute a new felony or misdemeanor offense, such recognizance hearing may be held at the same time as a proceeding pursuant to article five hundred thirty of the criminal procedure law for any warrants issued by the department prior to such proceeding. If at the proceeding pursuant to article five hundred thirty of the criminal procedure law the court imposes bail on the new alleged criminal offense or commits the releasee to the custody of the sheriff pursuant to article five hundred thirty of the criminal procedure law and the releasee secures release by paying bail or under non-monetary conditions or by operation of law, then the releasee shall not be detained further based solely on the warrant issued by the department. If the department issues a warrant for a non-technical violation for alleged criminal conduct that has already been the subject of a court's order pursuant to article five hundred thirty of the criminal procedure law, then within twenty-four hours of execution of the warrant the releasee shall be provided a recognizance hearing pursuant to this subparagraph, provided, however, that if no court as defined in subparagraph (iv) of this paragraph is available to conduct any business of any type within twenty-four hours of the execution of the warrant, then the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.
(b) A person who shall have been taken into custody pursuant to this subdivision for violation of one or more conditions of presumptive release, parole, conditional release or post-release supervision shall, insofar as practicable, be incarcerated in the county or city in which the arrest occurred.
(c) (i) (A) For any alleged technical violation for which a notice of violation was issued or a person was released on recognizance pursuant to subparagraph (iv) of paragraph (a) of this subdivision, the department shall within ten days of the issuance of the notice of violation or the order of release on recognizance afford the person a preliminary revocation hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator. Such hearing shall not be held at a correctional facility, detention center or local correctional facility. The hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(B) For any alleged violation for which a court issued an order detaining a person, within five days of the issuance of such order to detain or execution of a warrant for the violation, the department shall afford such person a preliminary hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator. For any alleged violation for which a person was released on recognizance, within ten days of the issuance of the order of release on recognizance, the department shall afford such person a preliminary revocation hearing.
(ii) The preliminary presumptive release, parole, conditional release or post-release supervision revocation hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(iii) The alleged violator shall, at the time a notice of violation is issued or at the time of a recognizance hearing, be given written notice of the time, place and purpose of the preliminary hearing, or if no preliminary hearing is required pursuant to this section, of the final revocation hearing. The notice shall state what conditions of community supervision are alleged to have been violated, and in what manner; that such person shall have the right to appear and speak in his or her own behalf; that he or she shall have the right to introduce letters and documents; that he or she may present witnesses who can give relevant information to the hearing officer; that he or she has the right to confront the witnesses against him or her; that such person shall have the right to representation by counsel at any preliminary and final revocation hearings; and the name and contact details for institutional defenders or assigned private counsel, as applicable. Adverse witnesses may be compelled to attend the preliminary hearing unless the prisoner has been convicted of a new crime while on supervision or unless the hearing officer finds good cause for their non-attendance. As far as practicable or feasible, any additional documents having been collected or prepared that are relevant to the charge shall be delivered to the alleged violator.
(iv) The standard of proof at the preliminary hearing shall be a preponderance of the evidence to believe that the releasee has violated one or more conditions of his or her community supervision in an important respect. Proof of conviction of a crime committed while under supervision shall constitute prima facie evidence of a violation of a condition of community supervision for the purposes of this subparagraph.
(v) At the preliminary hearing, the hearing officer shall review the violation charges with the alleged violator, direct the presentation of evidence concerning the alleged violation, receive the statements of witnesses and documentary evidence on behalf of the prisoner, and allow cross examination of those witnesses in attendance.
(vi) At the conclusion of the preliminary hearing, the hearing officer shall inform the alleged violator of his or her decision as to whether there is probable cause to believe that the presumptive releasee, parolee, conditional releasee or person on post-release supervision has violated one or more conditions of his or her release in an important respect. Based solely on the evidence adduced at the hearing, the hearing officer shall determine whether there is probable cause to believe that such person has violated his or her presumptive release, parole, conditional release or post-release supervision in an important respect. The hearing officer shall in writing state the reasons for his or her determination and the evidence relied on. A copy of the written findings shall be sent to both the alleged violator and his or her counsel.
(vii) If the hearing officer is satisfied that there is no probable cause to believe that such person has violated one or more conditions of release in an important respect, he or she shall dismiss the notice of violation and direct such person be restored to supervision.
(viii) If the hearing officer is satisfied that there is probable cause to believe that such person has violated one or more conditions of release in an important respect, he or she shall so find.
(ix) If the hearing officer finds by a preponderance of the evidence that such person has violated one or more conditions of community supervision in an important respect, the releasee shall, at the conclusion of the preliminary hearing be given written notice of the time, place and purpose of the final revocation hearing. The notice shall state what conditions of community supervision are alleged to have been violated, when, where and in what manner; that such person shall have the right to representation by counsel at any final revocation hearing; that such person shall have the right to appear and speak in his or her own behalf; that he or she shall have the right to introduce letters and documents; that he or she may present witnesses who can give relevant information to the hearing officer; that he or she has the right to confront the witnesses against him or her; and the name and contact details for institutional defenders or assigned private counsel, as applicable. Any additional documents having been collected or prepared that support the charges shall be delivered to the releasee. Adverse witnesses may be compelled to attend the final revocation hearing unless the prisoner has been convicted of a new crime while on supervision or unless the hearing officer finds good cause for their non-attendance.
(x) The alleged violator shall have a right to representation by counsel at the preliminary hearing. In any case, including when a court is called upon to evaluate the capacity of an alleged violator in a preliminary proceeding, where such person is financially unable to retain counsel, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
* (d) If a finding of probable cause is made pursuant to this subdivision either by a determination at a preliminary hearing or by the waiver thereof, or if the releasee has been convicted of a new crime while under presumptive release, parole, conditional release or post-release supervision, the board's rules shall provide for (i) declaring such person to be delinquent as soon as practicable and shall require reasonable and appropriate action to make a final determination with respect to the alleged violation or (ii) ordering such person to be restored to presumptive release, parole, conditional release or post-release supervision under such circumstances as it may deem appropriate or (iii) when a presumptive releasee, parolee, conditional releasee or person on post-release supervision has been convicted of a new felony committed while under such supervision and a new indeterminate or determinate sentence has been imposed, the board's rules shall provide for a final declaration of delinquency. The incarcerated individual shall then be notified in writing that his or her release has been revoked on the basis of the new conviction and a copy of the commitment shall accompany said notification. The incarcerated individual's next appearance before the board shall be governed by the legal requirements of said new indeterminate or determinate sentence, or shall occur as soon after a final reversal of the conviction as is practicable.
* NB Effective until September 1, 2025
* (d) If a finding of probable cause is made pursuant to this subdivision either by determination at a preliminary hearing or by the waiver thereof, or if the releasee has been convicted of a new crime while under his present parole or conditional release supervision, the board's rules shall provide for (i) declaring such person to be delinquent as soon as practicable and shall require reasonable and appropriate action to make a final determination with respect to the alleged violation or (ii) ordering such person to be restored to parole supervision under such circumstances as it may deem appropriate or (iii) when a parolee or conditional releasee has been convicted of a new felony committed while under his or her present parole or conditional release supervision and a new indeterminate sentence has been imposed, the board's rules shall provide for a final declaration of delinquency. The incarcerated individual shall then be notified in writing that his or her release has been revoked on the basis of the new conviction and a copy of the commitment shall accompany said notification. The incarcerated individual's next appearance before the board shall be governed by the legal requirements of said new indeterminate sentence, or shall occur as soon after a final reversal of the conviction as is practicable.
* NB Effective September 1, 2025
(e) (i) If the alleged violator requests a local revocation hearing, he or she shall be given a revocation hearing reasonably near the place of the alleged violation or arrest if he or she has not been convicted of a crime committed while under supervision. However, the board may, on its own motion, designate a case for a local revocation hearing.
(ii) If there are two or more alleged violations, the hearing may be conducted near the place of the violation chiefly relied upon as a basis for the issuance of the warrant as determined by the board.
(iii) If a local revocation hearing is not ordered pursuant to subparagraph (i) of this paragraph the alleged violator shall be given a revocation hearing upon his or her return to a state correctional facility.
(f) (i) For any releasee charged with a violation at a preliminary hearing:
(A) If a court issued an order detaining a person after a finding by a preponderance of the evidence that such person committed a violation then within thirty days of the finding by a preponderance of the evidence determination at the preliminary hearing, the department shall afford such person a final revocation hearing in person before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator.
(B) (1) If a notice of violation was issued or such person was released on recognizance the department shall within forty-five days of the issuance of the notice of violation or the order of release on recognizance afford the person a final revocation hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator.
(2) The final revocation hearing shall not be held at a correctional facility, detention center or local correctional facility. Such hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(3) The department shall have six months from the date of the effective date of the chapter of the laws of two thousand twenty-one that amended this paragraph to begin to hold such hearings at allowable locations.
(C) However, if an alleged violator requests and receives any postponement of his or her revocation hearing, or consents to a postponed revocation proceeding initiated by the board, or if an alleged violator, by his actions otherwise precludes the prompt conduct of such proceedings, the time limit may be extended.
(ii) The revocation hearing shall be conducted by a presiding officer who may be a member or a hearing officer designated by the board in accordance with rules of the board.
(iii) Both the alleged violator and an attorney who has filed a notice of appearance on his or her behalf in accordance with the rules of the board of parole shall be given written notice of the date, place and time of the hearing pursuant to subparagraph (ix) of paragraph (c) of this subdivision.
(iv) The alleged violator shall be given written notice of the rights enumerated in subparagraph (iii) of paragraph (c) of this subdivision as well as of his or her right to present mitigating evidence relevant to restoration to presumptive release, parole, conditional release or post-release supervision and his or her right to counsel.
(v) The alleged violator shall have a right to representation by counsel at the revocation hearing. In any case, including when a superior court is called upon to evaluate the capacity of an alleged violator in a revocation proceeding, where such person is financially unable to retain counsel, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law. He or she shall have the right to confront and cross-examine adverse witnesses, unless there is good cause for their non-attendance as determined by the presiding officer; present witnesses and documentary evidence in defense of the charges; and present witnesses and documentary evidence relevant to the question whether reincarceration of the alleged violator is appropriate.
(vi) At the revocation hearing, the charges shall be read and the alleged violator shall be permitted to plead not guilty, guilty, guilty with explanation or to stand mute. As to each charge, evidence shall be introduced through witnesses and documents, if any, in support of that charge. At the conclusion of each witness's direct testimony, he or she shall be made available for cross-examination. If the alleged violator intends to present a defense to the charges or to present evidence of mitigating circumstances, the alleged violator shall do so after presentation of all the evidence in support of a violation of presumptive release, parole, conditional release or post-release supervision.
(vii) All persons giving evidence at the revocation hearing shall be sworn before giving any testimony as provided by law.
(viii) At the conclusion of the hearing the presiding officer may sustain any or all of the violation charges or may dismiss any or all violation charges. He or she may sustain a violation charge only if the charge is supported by clear and convincing evidence. Conduct that formed the basis of an arrest shall not form a basis of a sustained parole violation if a court has adjudicated the matter with an acquittal, adjournment in contemplation of dismissal, or violation.
(ix) If the presiding officer is not satisfied that there is clear and convincing evidence in support of the violation, he or she shall dismiss the violation, cancel the delinquency and restore the person to presumptive release, parole, conditional release or post-release supervision.
(x) If the presiding officer is satisfied that there is clear and convincing evidence that the alleged violator violated one or more conditions of release in an important respect, he or she shall so find. For each sustained technical violation the presiding officer shall direct that no earned time credits shall be awarded for the thirty day period commencing from the date of the sustained violation. For any absconding violation found, the presiding officer shall direct that no earned time credits shall be awarded for the entire time period during which a releasee was found to have absconded from supervision.
(xi) Incarceration shall not be imposed for any technical violation, except as provided in subparagraph (xii) of this paragraph.
(xii) For each violation found, the presiding officer may (A) direct that the releasee be restored to supervision; (B) as an alternative to reincarceration, direct the releasee receive re-entry services in the community from qualified nonprofit agencies; or (C) direct the violator's reincarceration and for non-technical violations fix a date for consideration by the board for re-release on presumptive release, or parole or conditional release, as the case may be; or (D) for non-technical violations in the case of persons released to a period of post-release supervision, direct the violator's reincarceration up to the balance of the remaining period of post-release supervision, not to exceed five years; provided, however, that a defendant serving a term of post-release supervision for a conviction of a felony sex offense defined in section 70.80 of the penal law may be subject to a further period of imprisonment up to the balance of the remaining period of post-release supervision, shall apply for technical violations; and the following limitations:
(1) Absconding. For absconding up to seven days reincarceration may be imposed for the first violation, up to fifteen days reincarceration may be imposed for the second violation, and up to thirty days reincarceration may be imposed for the third or any subsequent violation;
(2) Sanctions for certain technical violations. Reincarceration shall not be imposed for a sustained technical violation that involves: (a) violating curfew; (b) alcohol use, provided however that incarceration is permissible for alcohol use if the person is subject to community supervision due to a conviction for driving under the influence of alcohol; (c) drug use, provided, however incarceration is permissible for drug use if the person is subject to community supervision due to a conviction for driving under the influence of drugs; (d) failing to notify parole officer of a change in employment or program status; (e) failing to pay surcharges and fees; (f) obtaining a driver's license or driving a car with a valid driver's license, provided however incarceration is permissible if either action is explicitly prohibited by the person's conviction; (g) failing to notify community supervision officer of contact with any law enforcement agency, provided however, incarceration is permissible if the person intended to hide illegal behavior; (h) failing to obey other special conditions, provided however that incarceration is permissible if the failure cannot be addressed in the community and all reasonable community-based means to address the failure have been exhausted; and
(3) Sanctions for all other technical violations. For all other technical violations, no period of reincarceration may be imposed for the first and second substantiated technical violations for which incarceration may be imposed; up to seven days reincarceration may be imposed for the third substantiated technical violation for which incarceration may be imposed; up to fifteen days reincarceration may be imposed for the fourth substantiated technical violation for which incarceration may be imposed; up to thirty days reincarceration may be imposed for the fifth and subsequent substantiated technical violations for which incarceration may be imposed.
(xiii) If a warrant was executed pursuant to subparagraph (iv) of paragraph (a) of this subdivision by a criminal court and the court released the person pending a preliminary or final revocation hearing, any period of reincarceration imposed pursuant to this paragraph shall be counted from the date of issuance of a determination after a final revocation hearing that the person has violated one or more conditions of community supervision, and the time between execution of the warrant and release of the person pending a preliminary or final revocation hearing shall count toward any period of reincarceration imposed pursuant to this paragraph. If a releasee is committed to the custody of the sheriff pursuant to article five hundred thirty of the criminal procedure law, any time the person spent confined in a correctional facility or local correctional facility shall be credited toward any period of reincarceration imposed pursuant to this paragraph. In all cases, the presiding officer shall impose the least restrictive reasonable sanction. Any periods of reincarceration imposed pursuant to this section shall run concurrently if more than one violation is sustained. If a period of reincarceration is imposed pursuant to this paragraph, the releasee shall be released from custody upon expiration of the period or the end of the releasee's period of community supervision, whichever shall be sooner. For the violator serving an indeterminate sentence who while re-incarcerated has not been found by the department to have committed a serious disciplinary infraction, such violator shall be re-released on the date fixed at the revocation hearing. For the violator serving an indeterminate sentence who has been found by the department to have committed a serious disciplinary infraction while re-incarcerated, the department shall refer the violator to the board for consideration for re-release to community supervision. Upon such referral the board may waive the personal interview between a member or members of the board and the violator to determine the suitability for re-release when the board directs that the violator be re-released upon expiration of the time assessment. The board shall retain the authority to suspend the date fixed for re-release based on the violator's commission of a serious disciplinary infraction and shall in such case require a personal interview be conducted within a reasonable time between a panel of members of the board and the violator to determine suitability for re-release. If an interview is required, the board shall notify the violator in advance of the date and time of such interview in accordance with the rules and regulations of the board.
(xiv) If the presiding officer sustains any violations, such officer must prepare a written statement, to be made available to the alleged violator and his or her counsel, indicating the evidence relied upon and the reasons for revoking presumptive release, parole, conditional release or post-release supervision, and for the disposition made. The presiding officer shall also advise the alleged violator in a written statement that revocation will result in loss of the right to vote while he or she is serving the remainder of his or her felony sentence in a correctional facility and that the right to vote will be restored upon his or her release.
(xv) If at any time during a revocation proceeding the alleged violator, his or her counsel, or an employee of the department contends, or if it reasonably appears to the hearing officer, that the alleged violator is an incapacitated person as that term is defined in subdivision one of section 730.10 of the criminal procedure law and no judicial determination has been made that the alleged violator is an incapacitated person, the revocation proceeding shall be temporarily stayed until the superior court determines whether or not the person is fit to proceed. The matter shall be promptly referred to the superior court for determination of the alleged violator's fitness to proceed in a manner consistent with the provisions of article seven hundred thirty of the criminal procedure law, provided however that the superior court shall immediately appoint counsel for any unrepresented alleged violator eligible for appointed counsel under subparagraph (v) of this paragraph. The court shall decide whether or not the alleged violator is incapacitated within thirty days of the referral from the hearing officer. If the court determines that the alleged violator is not an incapacitated person, the court shall order that the matter be returned to the board of parole for continuation and disposition of the revocation proceeding. If the court determines that the alleged violator is an incapacitated person and if no felony charges are pending against the alleged violator, the court shall issue a final order of observation committing such person to the custody of the commissioner of mental health or the commissioner of developmental disabilities for care and treatment in an appropriate institution in a manner consistent with subdivision one of section 730.40 of the criminal procedure law. If a final order of observation has been issued pursuant to this section, the hearing officer shall dismiss the violation charges and such dismissal shall act as a bar to any further proceeding under this section against the alleged violator for such violations. If felony criminal charges are pending at any time against an alleged violator who has been referred to superior court for a fitness evaluation but before a determination of fitness has been made pursuant to this section, the court shall decide whether or not the alleged violator is incapacitated pursuant to article seven hundred thirty of the criminal procedure law and the revocation proceeding shall be held in abeyance until such decision has been reached. The hearing officer shall adopt the capacity finding of the court and either terminate the revocation process if an order of observation has been made by the court or proceed with the revocation hearing if the alleged violator has been found not to be an incapacitated person.
(g) Revocation of presumptive release, parole, conditional release or post-release supervision shall not prevent re-parole or re-release provided such re-parole or re-release is not inconsistent with any other provisions of law. When there has been a revocation of the period of post-release supervision imposed on a felony sex offender who owes three years or more on such period imposed pursuant to subdivision two-a of section 70.45 of the penal law, and a time assessment of three years or more has been imposed, the violator shall be reviewed by the board of parole and may be restored to post-release supervision only after serving three years of the time assessment, and only upon a determination by the board of parole made in accordance with the procedures set forth in this section. Even if the hearing officer has imposed a time assessment of a certain number of years of three years or more, the violator shall not be released at or before the expiration of that time assessment unless the board authorizes such release, the period of post-release supervision expires, or release is otherwise authorized by law. If a time assessment of less than three years was imposed upon such a defendant, the defendant shall be released upon the expiration of such time assessment, unless he or she is subject to further imprisonment or confinement under any other law.
(h) If the alleged violation is not sustained and the alleged violator is restored to supervision, the interruptions specified in subdivision three of section 70.40 of the penal law shall not apply, but the time spent in custody in any state or local correctional institution shall be credited against the term of the sentence in accordance with the rules specified in paragraph (c) of such subdivision.
(i) Where there is reasonable cause to believe that a presumptive releasee, parolee, conditional releasee or person under post-release supervision has absconded from supervision the board may declare such person to be delinquent. This paragraph shall not be construed to deny such person a preliminary revocation hearing upon his retaking, nor to relieve the department of any obligation it may have to exercise due diligence to retake the alleged absconder, nor to relieve the parolee or releasee of any obligation he may have to comply with the conditions of his release.
4. Appeals. (a) Except for determinations made upon preliminary hearings upon allegations of violation of presumptive release, parole, conditional release or post-release supervision, all determinations made pursuant to this section may be appealed in accordance with rules promulgated by the board. Any board member who participated in the decision from which the appeal is taken may not participate in the resolution of that appeal. The rules of the board may specify a time within which any appeal shall be taken and resolved.
(b) Upon an appeal to the board, the incarcerated individual may be represented by an attorney. Where the incarcerated individual is financially unable to provide for his or her own attorney, upon request an attorney shall be assigned pursuant to the provisions of subparagraph (v) of paragraph (f) of subdivision three of this section.
(c) All board of parole administrative appeal findings and recommendations shall be published within one hundred twenty days of the determination on a publicly accessible website that includes a word-searchable database. The department of corrections and community supervision shall provide electronic or print copies of such findings and recommendations to all correctional facility law libraries on a quarterly basis. Copies of such individual findings and recommendations shall also be made available upon written request to the department of corrections and community supervision. Information which would reveal confidential material that may not be released pursuant to federal or state law shall be redacted from any such website or findings and recommendations.
4-a. Appeals from non-technical violation findings. (a) Notwithstanding the provisions of any other law, when in a violation proceeding brought pursuant to this section, any of the charges sustained by the hearing officer would constitute a misdemeanor or felony if such charge were or had been brought in a criminal court, the releasee may, in lieu of an administrative appeal to the board pursuant to subdivision four of this section, appeal such determination to the lowest level of the following courts serving the jurisdiction in which the hearing was held or in which any such sustained conduct was alleged to have occurred: city court, district court, county court or supreme court; provided, however, that if any such misdemeanor or felony charge was prosecuted in any city, district, county or supreme court, such appeal shall be filed in that court.
(b) The appeal shall be commenced by the filing of a notice of appeal in the same manner as an appeal to the appellate division as set forth in paragraphs (a), (b), (d) and (e) of subdivision one and subdivision six of section 460.10 of the criminal procedure law. Counsel shall be assigned to the individual, if unable to afford counsel, by the court before which the appeal is taken or is to be taken. Such court may stay such determination pending the appeal, in a manner consistent with the provisions of section 460.50 of the criminal procedure law or as otherwise authorized. Within thirty days after receiving such a notice of appeal, the board shall serve on the individual or counsel and file with such court a transcript of the proceedings before the hearing officer prepared pursuant to paragraph (a) of subdivision six of this section, and copies of the documents, photographs and records considered by the hearing officer, and provide access to any other evidence considered by the hearing officer who made such determination.
(c) The appeal shall be perfected in the manner set forth in section 460.70 of the criminal procedure law, other provisions of law generally applicable to criminal appeals, and authorized rules implementing this section promulgated by the chief administrator of the courts. The department shall have responsibility for presenting the department's position through any submissions to the court on the appeal. The department shall coordinate with relevant district attorneys to ensure appropriate information may be provided to the court. The district attorney of the jurisdiction may appear on any such appeal without the necessity of a motion or order of the court.
(d) On such appeal, the reviewing city, district, county or supreme court shall consider de novo the issues raised by the appellant, including but not limited to the following: (a) whether any sustained violation charge should have been sustained; (b) whether reduction or dismissal of the alleged violation charge or charges is warranted, in accordance with the principles set forth in section 170.40 or section 210.40 of the criminal procedure law or otherwise; and (c) whether any time assessment and other authorized sanction imposed by the hearing officer should be vacated, reduced or, notwithstanding any law, rule or regulation to the contrary, ordered to run concurrently with any other sentence, time assessment, or period of reincarceration imposed.
5. Actions of the board. Any action by the board or by a hearing officer pursuant to this article shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
6. Record of proceedings. (a) (i) The board shall provide for the making of a verbatim record of each parole release interview, except where a decision is made to release the incarcerated individual to parole supervision, and each preliminary and final revocation hearing, except when the decision of the presiding officer after such hearings result in a dismissal of all charged violations of parole, conditional release or post release supervision.
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, the board shall provide for the making of a verbatim record of each parole release interview in all proceedings where the incarcerated individual is a detained sex offender as such term is defined in subdivision (g) of section 10.03 of the mental hygiene law. Such record shall be provided to the office of mental health for use by the multidisciplinary staff and the case review panel pursuant to section 10.05 of the mental hygiene law.
(b) The chairman of the board of parole shall maintain records of all parole interviews and hearings for a period of twenty-five years from the date of the parole release interview or until expiration of the maximum term of sentence.
7. Deaf person before the board. Whenever any deaf person participates in an interview, parole release hearing, preliminary hearing or revocation hearing, there shall be appointed a qualified interpreter who is certified by a recognized national or New York state credentialing authority to interpret the proceedings to and the statements or testimony of such deaf person. The department shall determine a reasonable fee for all such interpreting services, the cost of which shall be a charge upon the department.
8. Foreign born or non-English speaking person before the board. Upon notification from the department pursuant to section two hundred fifty-nine-e of this article, or upon the request of any foreign born or non-English speaking person who is scheduled to participate in an interview, parole release hearing, preliminary hearing or revocation hearing, there shall be appointed from the New York state office of general services statewide administrative services contract, a qualified interpreter to interpret the proceedings to and the statements or testimony of such person. The board shall determine a reasonable fee for all such interpreting services, the cost of which shall be a charge upon the board of parole. No such request or appointment shall cause a delay of release from incarceration of such person.
9. The board shall promulgate rules and regulations to facilitate the presence of nonprofit service providers able to offer relevant community-based services to releasees at all preliminary and final revocation hearings for the purpose of helping people subject to community supervision successfully complete such supervision and avoid future such supervision, and to help ensure presiding officers impose the least restrictive reasonable sanction for any violation of community supervision.
§ 259-j. Discharge of sentence. 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. No such discharge shall be granted unless the board is satisfied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.
2. The chairman of the board of parole shall promulgate rules and regulations governing the issuance of discharges from community supervision pursuant to this section to assure that such discharges are consistent with public safety.
3. Notwithstanding any other provision of this section to the contrary, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board: (a) determines that a discharge from post-release supervision is in the best interests of society; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted.
4. Notwithstanding any other provision of law, a person granted discharge pursuant to subdivision one of this section shall be provided a certificate of relief from disabilities pursuant to section seven hundred three of the correction law or a certificate of good conduct pursuant to section seven hundred three-b of the correction law, as applicable.
§ 259-k. Access to records and institutions. 1. All case files shall be maintained by the department for use by the department and board. The department and board and authorized officers and employees thereof shall have complete access to such files and the board of parole shall have the right to make such entries as the board of parole shall deem appropriate in accordance with law.
2. The board shall make rules for the purpose of maintaining the confidentiality of records, information contained therein and information obtained in an official capacity by officers, employees or members of the board of parole.
3. Members of the board and officers and employees of the department providing community supervision services and designated by the commissioner shall have free access to all incarcerated individuals confined in institutions under the jurisdiction of the department, the office of children and family services and the department of mental hygiene in order to enable them to perform their functions, provided, however, that the department of mental hygiene may temporarily restrict such access where it determines, for significant clinical reasons, that such access would interfere with its care and treatment of the mentally ill incarcerated individual. If under the provisions of this subdivision an incarcerated individual is not accessible for release consideration by the board, that incarcerated individual shall be scheduled to see the board in the month immediately subsequent to the month within which he or she was not available.
4. Upon a determination by the department and board of parole that records regarding an individual presently under the supervision of the department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the department and board shall provide the records determined to be relevant to the child protective service conducting the investigation. The department and board shall promulgate rules for the transmission of records required to be provided under this section.
§ 259-l. Cooperation. 1. It shall be the duty of the commissioner of corrections and community supervision to ensure that all officers and employees of the department shall at all times cooperate with the board of parole and shall furnish to such members of the board and employees of the board such information as may be appropriate to enable them to perform their independent decision making functions. It is also his or her duty to ensure that the functions of the board of parole are not hampered in any way, including but not limited to: a restriction of resources including staff assistance; limited access to vital information; and presentation of an incarcerated individual's information in a manner that may inappropriately influence the board in its decision making. Where an incarcerated individual has appeared before the board prior to having completed any program assigned by the department, and such program remains incomplete by no fault of the incarcerated individual, and where the board has denied such incarcerated individual release pursuant to paragraph (a) of subdivision two of section two hundred fifty-nine-i of this article, the department shall prioritize such an incarcerated individual's placement into the assigned program.
2. The official in charge of each institution wherein any person is confined under a definite sentence of imprisonment, all officers and employees thereof and all other public officials shall at all times cooperate with the board of parole, and shall furnish to such board, its officers and employees such information as may be required by the board to perform its functions hereunder. The members of the board, its officers and employees shall at all times be given free access to all persons confined in any such institution under such sentence and shall be furnished with appropriate working space in such institution for such purpose without charge therefor.
3. It shall be the duty of the clerk of the court, the commissioner of mental hygiene and all probation officers and other appropriate officials to send such information as may be in their possession or under their control to the chairman of the board upon request in order to facilitate the work of the board.
§ 259-m. Compacts with other states for out-of-state parolee supervision. 1. The governor is hereby authorized and directed to enter into a compact on behalf of the state of New York with any state of the United States legally joining therein in the form substantially as follows:
A COMPACT
Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
2. The chairman of the board of parole shall have power and shall be charged with the duty of promulgating such rules and regulations as may be deemed necessary to carry out the terms of a compact entered into by the state pursuant to this section.
3. If any section, sentence, subdivision or clause of this section is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section.
4. This section may be cited as the uniform act for out-of-state parolee supervision.
* § 259-mm. Interstate compact for adult offender supervision. The interstate compact for adult offender supervision as set forth in this section is hereby adopted, enacted into law and entered into with all other jurisdictions joining therein. The compact shall be as follows:
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ARTICLE I. Purpose. ARTICLE II. Definitions. ARTICLE III. The compact commission. ARTICLE IV. The state council. ARTICLE V. Powers and duties of the interstate commission. ARTICLE VI. Organization and operation of the interstate commission. ARTICLE VII. Activities of the interstate commission. ARTICLE VIII. Rulemaking functions of the interstate commission. ARTICLE IX. Oversight, enforcement and dispute resolution by the
interstate commission. ARTICLE X. Finance. ARTICLE XI. Compacting states, effective date and amendment. ARTICLE XII. Withdrawal, default, termination and judicial enforcement. ARTICLE XIII. Severability and construction. ARTICLE XIV. Binding effect of compact and other laws.
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created pursuant to this compact, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches, and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated thereto. It is the policy of the compacting states that the activities conducted by the interstate commission created by this compact are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.
(b) "By-laws" means those by-laws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.
(c) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
(d) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(e) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
(g) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(h) "Non-compacting state" means any state which has not enacted the enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.
(j) "Person" means any individual, corporation, business enterprise or other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
(l) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
(m) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the "interstate commission for adult offender supervision". The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its by-laws for such additional, ex-officio, non-voting members as it deems necessary.
Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the interstate commission. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the by-laws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the by-laws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a state council for interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary. In addition to appointment of its commissioner to the national interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state. The compact administrator shall be appointed by the governor in consultation with the temporary president of the senate, the speaker of the assembly and the chief judge of the court of appeals. The state council shall appoint the compact administrator to serve on the interstate commission pursuant to this section.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(a) to adopt a seal and suitable by-laws governing the management and operation of the interstate commission;
(b) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(c) to oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;
(d) to enforce compliance with compact provisions, interstate commission rules, and by-laws using all necessary and proper means, including but not limited to, the use of judicial order;
(e) to establish and maintain offices;
(f) to purchase and maintain insurance and bonds;
(g) to borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs;
(h) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III of this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties pursuant to this compact;
(i) to elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;
(j) to accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same;
(k) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(l) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(m) to establish a budget and make expenditures and levy dues as provided in article X of this compact;
(n) to sue and be sued;
(o) to provide for dispute resolution among compacting states;
(p) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(q) to report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
(r) to coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and
(s) to establish uniform standards for the reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
1. establishing the fiscal year of the interstate commission;
2. establishing an executive committee and such other committees as may be necessary;
3. providing reasonable standards and procedures:
a. for the establishment of committees, and
b. governing any general or specific delegation of any authority or function of the interstate commission;
4. providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
5. establishing the titles and responsibilities of the officers of the interstate commission;
6. providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission;
7. providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
8. providing transition rules for "start up" administration of the compact; and
9. establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b) Officers and staff. The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
(c) Corporate records of the interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the by-laws.
(d) Qualified immunity, defense and indemnification. The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability cause or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; provided, that nothing in this subdivision shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wantonmisconduct of any such person. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.
Except as otherwise provided in this compact and unless a greater percentage is required by the by-laws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.
Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
The interstate commission's by-laws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by a two-thirds vote that an open meeting would be likely to:
(a) relate solely to the interstate commission's internal personnel practices and procedures;
(b) disclose matters specifically exempted from disclosure by statute;
(c) disclose trade secrets or commercial or financial information which is privileged or confidential;
(d) involve accusing any person of a crime, or formally censuring any person;
(e) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) disclose investigatory records compiled for law enforcement purposes;
(g) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(h) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or
(i) specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this article, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its by-laws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter referred to as "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
When promulgating a rule, the interstate commission shall:
(a) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(b) allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;
(c) provide an opportunity for an informal hearing; and
(d) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:
1. notice to victims and opportunity to be heard;
2. offender registration and compliance;
3. violations/returns;
4. transfer procedures and forms;
5. eligibility for transfer;
6. collection of restitution and fees from offenders;
7. data collection and reporting;
8. the level of supervision to be provided by the receiving state;
9. transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and
10. mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact superceded by this compact shall be null and void twelve months after the first meeting of the interstate commission created pursuant to this compact.
Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
(a) Oversight. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute resolution. The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and non-compacting states.
The interstate commission shall enact a by-law or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, subdivision (b), of this compact.
ARTICLE X
FINANCE
The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon compacting states which governs said assessment.
The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July first, two thousand three, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state and in the state of New York, upon enactment of the compact into law by that state. The governors of non-member states or their designees will be invited to participate in interstate commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(a) Withdrawal. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(b) Default. If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the by-laws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:
1. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;
2. Remedial training and technical assistance as directed by the interstate commission;
3. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.
The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission by-laws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
(c) Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
(d) Dissolution of compact. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the by-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws. Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
(b) Binding effect of the compact. All lawful actions of the interstate commission, including all rules and by-laws promulgated by the interstate commission, are binding upon the compacting states.
All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
* NB Repealed September 1, 2025
§ 259-o. Interstate hearings for parole violations. 1. For the purposes of this section, "preliminary violation hearing" means a hearing to determine whether there are reasonable grounds to believe that a person released on parole has violated the conditions of his parole.
2. Whenever there is reasonable cause to believe that a person released on parole in another state but under the parole supervision of this state pursuant to section two hundred fifty-nine-m of this article has violated the conditions thereof, a member or designee of the board of parole, upon request of the sending state, may conduct a preliminary violation hearing unless such hearing is waived by the parolee.
3. Whenever there is reasonable cause to believe that a person released on parole in this state but under the parole supervision of another state pursuant to section two hundred fifty-nine-m of this article has violated the conditions thereof, any person duly authorized in such other state to conduct preliminary violation hearings, upon request of the chairman of the board of parole, may conduct such hearing, unless such hearing is waived by the parolee. The preliminary violation hearing and the determinations made thereat shall have the same force and effect as preliminary violation hearing conducted in this state by the board of parole or a member, hearing officer or panel thereof.
4. Whenever a preliminary violation hearing is conducted in another state pursuant to this section, the alleged violator must be afforded a final hearing within ninety days from the date of his return to this state.
§ 259-p. Interstate detention. (1) Notwithstanding any other provision of law, a defendant subject to section two hundred fifty-nine-mm of this article, may be detained as authorized by the interstate compact for adult offender supervision.
(2) A defendant shall be detained at a local correctional facility, except as otherwise provided in subdivision three of this section.
(3) (a) A defendant sixteen years of age or younger, who allegedly commits a criminal act or violation of his or her supervision on or after October first, two thousand eighteen or (b) a defendant seventeen years of age or younger who allegedly commits a criminal act or violation of his or her supervision on or after October first, two thousand nineteen, shall be detained in a juvenile detention facility.
§ 259-q. Civil actions against board personnel. 1. No civil action shall be brought in any court of the state, except by the attorney general on behalf of the state, against any officer or employee of the board of parole or former division of parole, in his personal capacity, for damages arising out of any act done or the failure to perform any act within the scope of the employment and in the discharge of the duties by such officer or employee.
2. Any claim for damages arising out of any act done or the failure to perform any act within the scope of the employment and in the discharge of the duties of any officer or employee of the board of parole or former division of parole shall be brought and maintained in the court of claims as a claim against the state.
3. The state shall save harmless and indemnify any officer or employee of the board of parole or former division of parole from financial loss resulting from a claim filed in a court of the United States for damages arising out of an act done or the failure to perform any act that was (a) within the scope of the employment and in the discharge of the duties of such officer or employee, and (b) not done or omitted with the intent to violate any rule or regulation of the department, board or former division or of any statute or governing case law of the state or of the United States at the time the damages were sustained; provided that the officer or employee shall comply with the provisions of subdivision four of section seventeen of the public officers law.
4. (a) The provisions of this section shall supplement, and be available in addition to, the provisions of section seventeen of the public officers law and, insofar as this section is inconsistent with section seventeen of the public officers law, the provisions of this section shall be controlling.
(b) The provisions of this section shall not be construed in any way to impair, modify or abrogate any immunity available to any officer or employee of the board of parole or former division of parole under the statutory or decisional law of the state or the United States.
5. This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.
6. The benefits of subdivision three hereof shall inure only to officers and employees of the board of parole or former division of parole and shall not enlarge or diminish the rights of any other party.
7. This section shall apply with respect to claims arising on or after the effective date of this section. Claims arising prior thereto shall be governed by section seventeen of the public officers law or section twenty-four of the correction law as the case may be.
§ 259-r. Release on medical parole for terminally ill incarcerated individuals. 1. * (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
* NB Effective until September 1, 2025
* (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
* NB Effective September 1, 2025
(b) Such release shall be granted only after the board considers whether, in light of the incarcerated individual's medical condition, there is a reasonable probability that the incarcerated individual, if released, will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law, and shall be subject to the limits and conditions specified in subdivision four of this section. Except as set forth in paragraph (a) of this subdivision, such release may be granted at any time during the term of an incarcerated individual's sentence, notwithstanding any other provision of law.
(c) The board shall afford notice to the sentencing court, the district attorney and the attorney for the incarcerated individual that the incarcerated individual is being considered for release pursuant to this section and the parties receiving notice shall have fifteen days to comment on the release of the incarcerated individual. Release on medical parole shall not be granted until the expiration of the comment period provided for in this paragraph.
2. (a) The commissioner, on the commissioner's own initiative or at the request of an incarcerated individual, or an incarcerated individual's spouse, relative or attorney, may, in the exercise of the commissioner's discretion, direct that an investigation be undertaken to determine whether a diagnosis should be made of an incarcerated individual who appears to be suffering from a terminal condition, disease or syndrome. Any such medical diagnosis shall be made by a physician licensed to practice medicine in this state pursuant to section sixty-five hundred twenty-four of the education law. Such physician shall either be employed by the department, shall render professional services at the request of the department, or shall be employed by a hospital or medical facility used by the department for the medical treatment of incarcerated individuals. The diagnosis shall be reported to the commissioner and shall include but shall not be limited to a description of the terminal condition, disease or syndrome suffered by the incarcerated individual, a prognosis concerning the likelihood that the incarcerated individual will not recover from such terminal condition, disease or syndrome, a description of the incarcerated individual's physical or cognitive incapacity which shall include a prediction respecting the likely duration of the incapacity, and a statement by the physician of whether the incarcerated individual is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living. This report also shall include a recommendation of the type and level of services and treatment the incarcerated individual would require if granted medical parole and a recommendation for the types of settings in which the services and treatment should be given.
(b) The commissioner, or the commissioner's designee, shall review the diagnosis and may certify that the incarcerated individual is suffering from such terminal condition, disease or syndrome and that the incarcerated individual is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society. If the commissioner does not so certify then the incarcerated individual shall not be referred to the board for consideration for release on medical parole. If the commissioner does so certify, then the commissioner shall, within seven working days of receipt of such diagnosis, refer the incarcerated individual to the board for consideration for release on medical parole. However, no such referral of an incarcerated individual to the board shall be made unless the incarcerated individual has been examined by a physician and diagnosed as having a terminal condition, disease or syndrome as previously described herein at some time subsequent to such incarcerated individual's admission to a facility operated by the department of correctional services.
(c) When the commissioner refers an incarcerated individual to the board, the commissioner shall provide an appropriate medical discharge plan established by the department. The department is authorized to request assistance from the department of health and from the county in which the incarcerated individual resided and committed his or her crime, which shall provide assistance with respect to the development and implementation of a discharge plan, including potential placements of a releasee. The department and the department of health shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting, based on standards established by the department of health for hospital medical discharge planning. The board may postpone its decision pending completion of an adequate discharge plan, or may deny release based on inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's designee pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
4. (a) Medical parole granted pursuant to this section shall be for a period of six months.
(b) The board shall require as a condition of release on medical parole that the releasee agree to remain under the care of a physician while on medical parole and in a hospital established pursuant to article twenty-eight of the public health law, a hospice established pursuant to article forty of the public health law or any other placement that can provide appropriate medical care as specified in the medical discharge plan required by subdivision two of this section. The medical discharge plan shall state that the availability of the placement has been confirmed, and by whom. Notwithstanding any other provision of law, when an incarcerated individual who qualifies for release under this section is cognitively incapable of signing the requisite documentation to effectuate the medical discharge plan and, after a diligent search no person has been identified who could otherwise be appointed as the incarcerated individual's guardian by a court of competent jurisdiction, then, solely for the purpose of implementing the medical discharge plan, the facility health services director at the facility where the incarcerated individual is currently incarcerated shall be lawfully empowered to act as the incarcerated individual's guardian for the purpose of effectuating the medical discharge.
(c) Where appropriate, the board shall require as a condition of release that medical parolees be supervised on intensive caseloads at reduced supervision ratios.
(d) The board shall require as a condition of release on medical parole that the releasee undergo periodic medical examinations and a medical examination at least one month prior to the expiration of the period of medical parole and, for the purposes of making a decision pursuant to paragraph (e) of this subdivision, that the releasee provide the board with a report, prepared by the treating physician, of the results of such examination. Such report shall specifically state whether or not the parolee continues to suffer from a terminal condition, disease, or syndrome, and to be so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living.
(e) Prior to the expiration of the period of medical parole the board shall review the medical examination report required by paragraph (d) of this subdivision and may again grant medical parole pursuant to this section; provided, however, that the provisions of paragraph (c) of subdivision one and subdivision two of this section shall not apply.
(f) If the updated medical report presented to the board states that a parolee released pursuant to this section is no longer so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society or if the releasee fails to submit the updated medical report then the board may not make a new grant of medical parole pursuant to paragraph (e) of this subdivision. Where the board has not granted medical parole pursuant to such paragraph (e) the board shall promptly conduct through one of its members, or cause to be conducted by a hearing officer designated by the board, a hearing to determine whether the releasee is suffering from a terminal condition, disease or syndrome and is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society and does not present a danger to society. If the board makes such a determination then it may make a new grant of medical parole pursuant to the standards of paragraph (b) of subdivision one of this section. At the hearing, the releasee shall have the right to representation by counsel, including the right, if the releasee is financially unable to retain counsel, to have the appropriate court assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(g) The hearing and determination provided for by paragraph (f) of this subdivision shall be concluded within the six month period of medical parole. If the board does not renew the grant of medical parole, it shall order that the releasee be returned immediately to the custody of the department.
(h) In addition to the procedures set forth in paragraph (f) of this subdivision, medical parole may be revoked at any time upon any of the grounds specified in paragraph (a) of subdivision three of section two hundred fifty-nine-i of this article, and in accordance with the procedures specified in subdivision three of section two hundred fifty-nine-i of this article.
(i) A releasee who is on medical parole and who becomes eligible for parole pursuant to the provisions of subdivision two of section two hundred fifty-nine-i of this article shall be eligible for parole consideration pursuant to such subdivision.
5. A denial of release on medical parole or expiration of medical parole in accordance with the provisions of paragraph (f) of subdivision four of this section shall not preclude the incarcerated individual from reapplying for medical parole or otherwise affect an incarcerated individual's eligibility for any other form of release provided for by law.
6. To the extent that any provision of this section requires disclosure of medical information for the purpose of processing an application or making a decision, regarding release on medical parole or renewal of medical parole, or for the purpose of appropriately supervising a person released on medical parole, and that such disclosure would otherwise be prohibited by article twenty-seven-F of the public health law, the provisions of this section shall be controlling.
7. The commissioner and the chairman of the board shall be authorized to promulgate rules and regulations for their respective agencies to implement the provisions of this section.
8. Any decision made by the board pursuant to this section may be appealed pursuant to subdivision four of section two hundred fifty-nine-i of this article.
9. The chairman shall report annually to the governor, the temporary president of the senate and the speaker of the assembly, the chairpersons of the assembly and senate codes committees, the chairperson of the senate crime and corrections committee, and the chairperson of the assembly corrections committee the number of incarcerated individuals who have applied for medical parole; the number who have been granted medical parole; the nature of the illness of the applicants, the counties to which they have been released and the nature of the placement pursuant to the medical discharge plan; the categories of reasons for denial for those who have been denied; the number of releasees who have been granted an additional period or periods of medical parole and the number of such grants; the number of releasees on medical parole who have been returned to imprisonment in the custody of the department and the reasons for return.
10. Notwithstanding any other provision of law, in the case of an incarcerated individual whose terminal condition, disease or syndrome meets the criteria for medical parole as set forth in paragraph (a) of subdivision one of this section, and who is not serving a sentence for one or more offenses set forth in paragraph (i) of subdivision one of section eight hundred six of the correction law which would render such incarcerated individual ineligible for presumptive release, the granting of medical parole shall be determined by the commissioner provided that a release of such incarcerated individual shall be in accordance with subdivision eleven of this section. In such case, the provisions that would have applied to and the procedures that would have been followed by the board of parole pursuant to this section shall apply to and be followed by the commissioner.
11. (a) After the commissioner has made a determination to grant medical parole pursuant to subdivision ten of this section, the commissioner shall notify the chairperson of the board of parole, or their designee who shall be a member of the board of parole, and provide him or her with all relevant records, files, information and documentation, which includes but is not limited to the criminal history, medical diagnosis and treatment pertaining to the terminally ill incarcerated individual no more than five days from the date of the determination. (b) The chairperson or his or her designee shall either accept the commissioner's grant of medical parole, in which case the incarcerated individual may be released by the commissioner, or conduct further review. This decision or review shall be made within five days of the receipt of the relevant records, files, information and documentation from the commissioner. The chairperson's further review may include, but not be limited to, an appearance by the terminally ill incarcerated individual before the chairperson or his or her designee. (c) After this further review, the chairperson shall either accept the commissioner's grant of medical parole, in which case the incarcerated individual may be released by the commissioner, or the chairperson shall schedule an appearance for the terminally ill incarcerated individual before the board of parole.
In the event the terminally ill incarcerated individual is scheduled to make an appearance before the board of parole pursuant to this subdivision, the matter shall be heard by a panel that does not include the chairperson or any member of the board of parole who was involved in the review of the commissioner's determination.
§ 259-s. Release on medical parole for incarcerated individuals suffering significant debilitating illnesses. 1. (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a significant and permanent non-terminal condition, disease or syndrome that has rendered the incarcerated individual so physically or cognitively debilitated or incapacitated as to create a reasonable probability that he or she does not present any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
(b) Such release shall be granted only after the board considers whether, in light of the incarcerated individual's medical condition, there is a reasonable probability that the incarcerated individual, if released, will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law, and shall be subject to the limits and conditions specified in subdivision four of this section. In making this determination, the board shall consider: (i) the nature and seriousness of the incarcerated individual's crime; (ii) the incarcerated individual's prior criminal record; (iii) the incarcerated individual's disciplinary, behavioral and rehabilitative record during the term of his or her incarceration; (iv) the amount of time the incarcerated individual must serve before becoming eligible for release pursuant to section two hundred fifty-nine-i of this article; (v) the current age of the incarcerated individual and his or her age at the time of the crime; (vi) the recommendations of the sentencing court, the district attorney and the victim or the victim's representative; (vii) the nature of the incarcerated individual's medical condition, disease or syndrome and the extent of medical treatment or care that the incarcerated individual will require as a result of that condition, disease or syndrome; and (viii) any other relevant factor. Except as set forth in paragraph (a) of this subdivision, such release may be granted at any time during the term of an incarcerated individual's sentence, notwithstanding any other provision of law.
(c) The board shall afford notice to the sentencing court, the district attorney, the attorney for the incarcerated individual and, where necessary pursuant to subdivision two of section two hundred fifty-nine-i of this article, the crime victim, that the incarcerated individual is being considered for release pursuant to this section and the parties receiving notice shall have thirty days to comment on the release of the incarcerated individual. Release on medical parole shall not be granted until the expiration of the comment period provided for in this paragraph.
2. (a) The commissioner, on the commissioner's own initiative or at the request of an incarcerated individual, or an incarcerated individual's spouse, relative or attorney, may, in the exercise of the commissioner's discretion, direct that an investigation be undertaken to determine whether a diagnosis should be made of an incarcerated individual who appears to be suffering from a significant and permanent non-terminal and incapacitating condition, disease or syndrome. Any such medical diagnosis shall be made by a physician licensed to practice medicine in this state pursuant to section sixty-five hundred twenty-four of the education law. Such physician shall either be employed by the department, shall render professional services at the request of the department, or shall be employed by a hospital or medical facility used by the department for the medical treatment of incarcerated individuals. The diagnosis shall be reported to the commissioner and shall include but shall not be limited to a description of the condition, disease or syndrome suffered by the incarcerated individual, a prognosis concerning the likelihood that the incarcerated individual will not recover from such condition, disease or syndrome, a description of the incarcerated individual's physical or cognitive incapacity which shall include a prediction respecting the likely duration of the incapacity, and a statement by the physician of whether the incarcerated individual is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living. This report also shall include a recommendation of the type and level of services and treatment the incarcerated individual would require if granted medical parole and a recommendation for the types of settings in which the services and treatment should be given.
(b) The commissioner, or the commissioner's designee, shall review the diagnosis and may certify that the incarcerated individual is suffering from such condition, disease or syndrome and that the incarcerated individual is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society. If the commissioner does not so certify then the incarcerated individual shall not be referred to the board for consideration for release on medical parole. If the commissioner does so certify, then the commissioner shall, within seven working days of receipt of such diagnosis, refer the incarcerated individual to the board for consideration for release on medical parole. However, no such referral of an incarcerated individual to the board of parole shall be made unless the incarcerated individual has been examined by a physician and diagnosed as having a condition, disease or syndrome as previously described herein at some time subsequent to such incarcerated individual's admission to a facility operated by the department.
(c) When the commissioner refers an incarcerated individual to the board, the commissioner shall provide an appropriate medical discharge plan established by the department. The department is authorized to request assistance from the department of health and from the county in which the incarcerated individual resided and committed his or her crime, which shall provide assistance with respect to the development and implementation of a discharge plan, including potential placements of a releasee. The department and the department of health shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting, based on standards established by the department of health for hospital medical discharge planning. The board may postpone its decision pending completion of an adequate discharge plan, or may deny release based on inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's designee pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
4. (a) Medical parole granted pursuant to this section shall be for a period of six months.
(b) The board shall require as a condition of release on medical parole that the releasee agree to remain under the care of a physician while on medical parole and in a hospital established pursuant to article twenty-eight of the public health law, a hospice established pursuant to article forty of the public health law or any other placement, including a residence with family or others, that can provide appropriate medical care as specified in the medical discharge plan required by subdivision two of this section. The medical discharge plan shall state that the availability of the placement has been confirmed, and by whom. Notwithstanding any other provision of law, when an incarcerated individual who qualifies for release under this section is cognitively incapable of signing the requisite documentation to effectuate the medical discharge plan and, after a diligent search no person has been identified who could otherwise be appointed as the incarcerated individual's guardian by a court of competent jurisdiction, then, solely for the purpose of implementing the medical discharge plan, the facility health services director at the facility where the incarcerated individual is currently incarcerated shall be lawfully empowered to act as the incarcerated individual's guardian for the purpose of effectuating the medical discharge.
(c) Where appropriate, the board shall require as a condition of release that medical parolees be supervised on intensive caseloads at reduced supervision ratios.
(d) The board shall require as a condition of release on medical parole that the releasee undergo periodic medical examinations and a medical examination at least one month prior to the expiration of the period of medical parole and, for the purposes of making a decision pursuant to paragraph (e) of this subdivision, that the releasee provide the board with a report, prepared by the treating physician, of the results of such examination. Such report shall specifically state whether or not the parolee continues to suffer from a significant and permanent non-terminal and debilitating condition, disease, or syndrome, and to be so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living.
(e) Prior to the expiration of the period of medical parole the board shall review the medical examination report required by paragraph (d) of this subdivision and may again grant medical parole pursuant to this section; provided, however, that the provisions of paragraph (c) of subdivision one and subdivision two of this section shall not apply.
(f) If the updated medical report presented to the board states that a parolee released pursuant to this section is no longer so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society or if the releasee fails to submit the updated medical report then the board may not make a new grant of medical parole pursuant to paragraph (e) of this subdivision. Where the board has not granted medical parole pursuant to such paragraph (e) the board shall promptly conduct through one of its members, or cause to be conducted by a hearing officer designated by the board, a hearing to determine whether the releasee is suffering from a significant and permanent non-terminal and incapacitating condition, disease or syndrome and is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society and does not present a danger to society. If the board makes such a determination then it may make a new grant of medical parole pursuant to the standards of paragraph (b) of subdivision one of this section. At the hearing, the releasee shall have the right to representation by counsel, including the right, if the releasee is financially unable to retain counsel, to have the appropriate court assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(g) The hearing and determination provided for by paragraph (f) of this subdivision shall be concluded within the six month period of medical parole. If the board does not renew the grant of medical parole, it shall order that the releasee be returned immediately to the custody of the department of correctional services.
(h) In addition to the procedures set forth in paragraph (f) of this subdivision, medical parole may be revoked at any time upon any of the grounds specified in paragraph (a) of subdivision three of section two hundred fifty-nine-i of this article, and in accordance with the procedures specified in subdivision three of section two hundred fifty-nine-i of this article.
(i) A releasee who is on medical parole and who becomes eligible for parole pursuant to the provisions of subdivision two of section two hundred fifty-nine-i of this article shall be eligible for parole consideration pursuant to such subdivision.
5. A denial of release on medical parole or expiration of medical parole in accordance with the provisions of paragraph (f) of subdivision four of this section shall not preclude the incarcerated individual from reapplying for medical parole or otherwise affect an incarcerated individual's eligibility for any other form of release provided for by law.
6. To the extent that any provision of this section requires disclosure of medical information for the purpose of processing an application or making a decision, regarding release on medical parole or renewal of medical parole, or for the purpose of appropriately supervising a person released on medical parole, and that such disclosure would otherwise be prohibited by article twenty-seven-F of the public health law, the provisions of this section shall be controlling.
7. The commissioner and the chair of the board shall be authorized to promulgate rules and regulations for their respective agencies to implement the provisions of this section.
8. Any decision made by the board pursuant to this section may be appealed pursuant to subdivision four of section two hundred fifty-nine-i of this article.
9. The chair of the board shall report annually to the governor, the temporary president of the senate and the speaker of the assembly, the chairpersons of the assembly and senate codes committees, the chairperson of the senate crime and corrections committee, and the chairperson of the assembly corrections committee the number of incarcerated individuals who have applied for medical parole under this section; the number who have been granted medical parole; the nature of the illness of the applicants, the counties to which they have been released and the nature of the placement pursuant to the medical discharge plan; the categories of reasons for denial for those who have been denied; the number of releasees who have been granted an additional period or periods of medical parole and the number of such grants; the number of releasees on medical parole who have been returned to imprisonment in the custody of the department and the reasons for return.
* § 259-t. Permitted activities. Where any person is granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release, the state board of parole shall not deem a person to be in violation of and the state board of parole shall not terminate such granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release solely because such person engaged in bona fide work for an employer, including travel time to or from bona fide work, during curfew times set by conditions of probation, parole, presumptive release, conditional release or release to post-release supervision. For purposes of this section, bona fide work is work performed as an employee for an employer, as defined in section two of the labor law.
* NB There are 2 § 259-t's
* § 259-t. Permitted activities. Where any person is granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release, the state board of parole shall not deem a person to be in violation of and the state board of parole shall not terminate such granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release solely because such person participated in work related labor protests, or in a lawful labor dispute, strike or other concerted stoppage of work or slowdown pursuant to article twenty of the labor law or the national labor relations act (29 U.S.C. sections 151 et. seq.).
* NB There are 2 § 259-t's
ARTICLE 13 DIVISION OF HOUSING
Section 260. Division of housing and community renewal.
§ 260. Division of housing and community renewal. The commissioner of housing and community renewal appointed pursuant to the provisions of the public housing law, shall be the head of the division of housing and community renewal and shall have and exercise all the functions, powers and duties vested in him by that or any other law. The commissioner of housing and community renewal shall receive a salary to be fixed by the governor within the amount appropriated therefor.
* ARTICLE 13-A ALTERNATIVES TO INCARCERATION SERVICE PLANS
Section 261. Alternatives to incarceration service plans.
262. Office assistance; plan; approval.
263. Reports.
264. Noncompliance with plan.
265. Further authority of the office; state assistance.
266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
267. Office reports.
* NB Repealed September 1, 2025
* § 261. Alternatives to incarceration service plans. 1. As used in this article:
a. "Service plan" or "plan" means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. The following factors considered, utilized and incorporated in the plan shall include but not be limited to:
(i) an analysis of the jail population to assist in determining incarceration practices and trends, including, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, an analysis of the relationship between alcohol, drugs and crime and the effects of alcohol and substance abuse on the local criminal justice system and jail, probation and alternatives to incarceration populations, consistent with planning guidelines established by the office; the types and nature of alternative programming needed, and appropriate eligibility requirements;
(ii) an analysis of recent overcrowding problems and measures taken by the county to relieve them;
(iii) a summary of existing alternatives programs and/or related services and previous efforts made by the county to develop alternatives to incarceration and if an approved amendment is submitted, pursuant to section two hundred sixty-six of this article, a summary of existing alcohol and substance abuse programs;
(iv) a comprehensive plan for the development of alternatives programs that addresses the specific needs identified in subparagraph (i) of this paragraph and furthers the county's long-range goals in the area of alternatives to incarceration;
(v) specific proposals for the use of state aid available under this chapter, including a description of services to be provided, characteristics of the target populations, steps to be taken to identify eligible participants, the goals and objectives to be accomplished through the proposals;
(vi) a detailed time frame for the implementation and evaluation of the specific proposals described in subparagraph (v) of this paragraph;
(vii) a summary of those criteria by which the office and the state commission of correction may measure the proposal's impact on jail overcrowding; and
(viii) any other information which the office may request consistent with the purposes of this chapter.
Nothing in this article shall prohibit the development of regional programs by two or more counties.
b. "Eligible programs" means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services which exceed those probation services otherwise required to be performed in accordance with applicable law, rule or regulation of the division of criminal justice services subject to the provisions of this article; a pre-trial alternative to detention program, including a comprehensive pre-arraignment program which screens all defendants and ensures that the court is fully advised of the availability of alternatives based upon the defendant's suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail review program; alternatives to post-adjudicatory incarceration programs, including community service, substance abuse or alcohol intervention programs; and management information systems designed to improve the county's ability to identify appropriate persons for alternatives to detention or incarceration, as well as for improved classification of persons within jail. For purposes of this paragraph, community service programs may place persons performing community service at worksites identified by the commissioner of the department of environmental conservation and the commissioner of the office of parks, recreation and historic preservation.
c. "Eligible alcohol and substance abuse programs" means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. Such services may include, but shall not be limited to programs and services that provide treatment, care or rehabilitative services, either residential or out-patient, to such offenders, or programs and services that provide for the purpose of developing individualized service plans to address such offender's alcohol or substance abuse problem, or programs and services that provide referrals and other linkages to alcohol or substance abuse programs to such offenders.
d. "Inappropriate incarceration" means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration.
e. "Approved plan" means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision.
f. "Approved amendment" means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs.
g. "Advisory board" means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section.
h. "County executive" means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor.
i. "Office" means the office of probation and correctional alternatives.
2. Every advisory board established for purposes of this article shall include the following persons or their representatives:
a. County court judge, as appointed by the administrative judge for that county; in cities with a population of one million or more, a supreme court judge, as appointed by the administrative judge for that city;
b. Police court, district court, town court or village court judge, as appointed by the administrative judge of that county; in cities with a population of one million or more, a criminal court judge, as appointed by the administrative judge for that city;
c. The district attorney; in cities with a population of one million or more, the district attorney shall be selected by the district attorneys of the five boroughs to represent their joint views;
d. A representative of each of the agencies providing legal services to those unable to afford counsel in criminal cases, not to exceed two;
e. County legislator or member of the county board of supervisors or, in cities of one million of more, city councilman who chairs a public safety committee, or the committee best designed to deal with this subject, should such a committee exist;
f. County director of probation; in cities with a population of one million or more, the commissioner of the department of probation;
g. Chief administrative officer;
h. A representative of local police agencies, other than the chief administrative officer, selected by the heads of all such agencies to represent their joint views; in cities with a population of one million or more, the police commissioner;
i. Representative of a private organization operating within a county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, as designated by the county executive;
j. Ex-offender and a crime victim, each designated by the county executive;
k. County executive;
l. The director of community services as defined in section 41.03 of the mental hygiene law; and
m. An individual within a county who provides state certified alcohol and/or substance abuse treatment programs or services.
Prior to any official action by the board, all members shall be designated. The chairperson shall be the county executive or his or her duly designated representative. In cities with a population of one million or more, a single advisory board shall be established.
* NB Repealed September 1, 2025
* § 262. Office assistance; plan; approval. 1. Upon request of either the county executive or the advisory board, through the chairperson, the office shall assist the county in the development of its plan by providing technical assistance either directly or through contract with persons or organizations which have expertise in the area of pre-trial services or alternatives to incarceration programs.
2. Upon development of a proposed plan but at least thirty days prior to approval by the board, public comment shall be solicited for consideration by the board prior to final action.
3. Upon approval by the board, by a majority of its members, any county outside the city of New York acting through its county executive, and upon approval of the local legislative body, may submit a proposed service plan to the office for approval. The city of New York acting through the mayor and upon approval by the board of estimate may submit a proposed service plan to the office for approval.
4. a. Each such plan shall be submitted to the office no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall provide that upon approval it shall become effective. Annual renewals of service plans are required and shall be submitted to the office no later than the first day of April of each year following submission of the original plan. A plan may be amended from time to time by the advisory board, subject to the approval of the local legislative body and the office. The office may recommend amendments to a plan, subject to the approval of the advisory board and the local legislative body. Reasons for such amendments may include but shall not be limited to the addition or deletion of eligible programs with due consideration to their utilization by the court, their effect on diverting the jail bound population, reducing the overcrowding problem and their cost-effectiveness.
b. The office shall either approve or deny the plan no later than sixty days following its submission. If the plan is denied, the office shall notify the county executive in writing of such denial and the reasons therefor and shall specify any measures which should be undertaken to secure the approval of the office. Nothing herein shall prohibit the amendment of a plan to overcome the office's stated reasons for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025
* § 263. Reports. The advisory board, through its chairperson, shall submit to the office a quarterly report relative to the status of compliance with the plan, pursuant to rules and regulations promulgated by the commissioner of the division of criminal justice services upon recommendation of the office. The report shall include, but not be limited to: compliance with specific goals and objectives as reflected in the plan; ability of programs to meet performance criteria; compliance with timetables; utilization by the court of the programs included in the plan; effect of such programs on diverting the jail bound population and reducing the over crowding problem; and any other information requested by the office and available to the advisory board with respect to this article.
* NB Repealed September 1, 2025
* § 264. Noncompliance with plan. 1. If at any time the office determines that a county plan is not being complied with, it shall notify the advisory board through the chairperson and the state commission of correction in writing of such fact, and it shall withhold any portion of state funds not theretofore allocated. Such notice shall state the particular reasons for the determination and demand compliance with the plan within sixty days of the notice, setting forth the specific actions deemed necessary to secure compliance. If compliance is forthcoming the board and the state commission of correction shall be notified of such fact in writing and any state funds heretofore withheld shall be released. If compliance with the plan is not fulfilled within such time or within a thirty day extension period as authorized herein, the office shall notify the advisory board through the chairperson and the state commission of correction. Upon such notification, the county shall be deemed in noncompliance with the approved plan and the provisions of subdivision eight of section five hundred-b of the correction law shall be applied.
An extension may be granted by the office for a thirty day period upon a request by the board through the chairperson, where the office determines it to be appropriate, setting forth specific reasons for a need for an extension and the steps which shall be undertaken to be in compliance at the end of such period.
Any notification by the office of non-compliance pursuant to this section shall be deemed a final determination for purposes of judicial review.
2. The advisory board, through its chairperson, may reapply for continuation of its approved plan or modified plan, provided it certifies that it has complied with the specific actions deemed necessary by the office to secure compliance. Within thirty days of receipt of the application the office shall verify compliance with its notice and notify the board and the state commission of correction of its decision.
* NB Repealed September 1, 2025
* § 265. Further authority of the office; state assistance. 1. In administering the provisions of this article, the office may perform such other and further acts and recommend to the commissioner of the division of criminal justice services such rules and regulations it deems necessary, proper or desirable to carry out the purpose of this article and not otherwise inconsistent with the other provisions of this article, chapter or any other provision of law. This shall include, but not be limited to, the office's consultation with the chief administrative judge of the office of court administration, the chairman of the state commission of correction and the commissioner of alcoholism and substance abuse services.
2. a. For the purpose of carrying out this article state assistance of not less than fourteen million dollars shall be made available to cities with a population of one million or more and to counties outside such cities in amounts to be determined; provided, however, that of the total amount available herein, not less than seven million dollars shall be made available as follows:
(i) for each county with a population under one hundred thousand persons, a minimum of twenty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(ii) for each county with a population over one hundred thousand and under three hundred thousand persons, a minimum of sixty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(iii) for each county with a population over three hundred thousand persons not entirely included within a city, that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census; and
(iv) for each city with a population of one million or more, the amount of the total dollar amount available by this paragraph remaining after the deduction of the amounts apportioned pursuant to the preceding subparagraphs of this paragraph.
b. Except as provided in section two hundred sixty-six of this article, applications for such assistance must be made and submitted no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall be either approved or denied by the office no later than sixty days following such submission. Any part of the moneys so made available and not apportioned pursuant to a plan approved and contract entered into with the office within the time limits required shall be apportioned by the office in its discretion to such a city or counties on a need basis, taking into consideration incarcerated individual population or prior commitment by a county in the development of alternatives to detention or incarceration programs.
3. The office may receive applications from and may enter into contracts with municipalities to undertake implementation of the service plan and any such municipality may enter into a contract with the office and with such private organization or organizations for such purpose. Except as provided in section two hundred sixty-six of this article, any such contract may include such provisions as may be agreed upon by the parties thereto, but shall include in substance at least the following:
a. An estimate of the reasonable cost and need of the programs as approved by the office;
b. In the first year of the approved service plan an agreement by the office to reimburse to the municipality up to fifty percent of the state's share of the costs at the initial approval of the plan; one-half of the remaining fifty percent of the state's share shall be allocated to municipalities during the implementation of the plan, provided there is substantial compliance with timetables and any other provisions of the plan deemed necessary by the office. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office. In any subsequent year, the office shall reimburse to the municipality the state's share of actual costs incurred under the plan. In no event shall the state's share exceed fifty percent of the total cost of the plan, nor shall it be used to replace current expenditures by the municipality for such alternatives programs. However, in determining the amount of the municipal share of the cost of a program, the office shall reduce the amount of the municipal share by an amount equal to the costs incurred by such municipality on implementation of any of the plan's provisions during the year immediately preceding approval of the plan by the office. Any such amount resulting in a reduction of the municipal share shall not be considered in calculating the municipal share of any future program;
c. An agreement by the municipality to provide for the payment of the municipality's share of the cost of the program or programs and to proceed expeditiously with, and complete, the program or programs, as approved by the commission;
d. Any costs in excess of the amount provided for in this subdivision will be the responsibility of the municipality except as otherwise provided in this article;
e. An agreement that, in the event federal assistance, which was not included in the calculation of the state or municipal payment, becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of one-half of such federal assistance and the amount of the municipality's payment shall be recalculated with the inclusion of one-half of such federal assistance; and
f. An agreement that in the event of private financial assistance, which was not included in the calculation of the municipal payment and which becomes available to the municipality, such financial assistance shall result in a reduction of the municipal share by said amount.
* NB Repealed September 1, 2025
* § 266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
1. Counties and the city of New York may submit approved amendments for alcohol and substance abuse programs as defined in this article as part of or in addition to an approved plan. In accordance with this article, nothing in this section shall prohibit the development of regional alcohol and substance abuse programs by two or more counties or cities with a population of one million or more.
2. Such approved amendments shall include a statement by the county or the city of New York indicating such municipality's understanding that funding for eligible alcohol and substance abuse programs shall be in accordance with subdivision four of this section and the municipality's commitment to meet the funding requirements as set forth in such subdivision.
3. For the purposes of carrying out the purpose of this section, of the amount made available in paragraph a of subdivision two of section two hundred sixty-five, state assistance of not less than seven million dollars shall be made available for approved amendments. Of this amount, no more than forty percent shall be made available for such state assistance to cities with a population of one million or more. The remaining amount shall be made available for such state assistance to counties outside such cities. The office shall apportion the amount available for approved amendments on an as needed basis, taking into consideration the analysis of the relationship between alcohol, drugs and crime, as required in this article, as well as other factors as may be required by the office.
4. The office may receive approved amendments and may amend approved plans in accordance with such approved amendments at any time. The office may enter into contracts to undertake the implementation of the approved amendments and any such municipality may enter into contracts with the office and with private organizations for such implementation. Any such contracts may include such provisions as may be agreed upon by the parties thereto, but shall include at least the following:
a. An estimate of the reasonable costs and need for the eligible alcohol and substance abuse programs;
b. An agreement by the office to reimburse the municipality in accordance with the following:
(i) In the first year of implementation and operation of the eligible alcohol and substance abuse program, the office shall reimburse to the municipality one hundred percent of the costs incurred, provided that, upon approval of the contract and consistent with implementation plans approved by the office, up to one-half of the state's share of the cost of such program may be immediately allocated to the municipality for purposes of implementation of the program. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office.
(ii) In the second year of operation of such eligible alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality seventy-five percent of the costs of approved expenditures. Municipalities shall provide at least twenty-five percent of costs of approved expenditures of the contract.
(iii) In the third and any subsequent year of operation of such alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality fifty percent of the costs of approved expenditures. Municipalities shall provide at least fifty percent of costs of approved expenditures of the contract.
In no event shall the state's share be used to replace expenditures previously incurred by the municipality for such alcohol and substance abuse programs;
c. An agreement by the municipality to provide for the payment of the municipality's share of the costs of the alcohol and substance abuse program or programs, and to proceed expeditiously with, and implement, such program or programs, as approved by the office; and
d. Any costs in excess of the amount provided for in this subdivision shall be the responsibility of the municipality, except as otherwise provided in this article.
* NB Repealed September 1, 2025
* § 267. Office reports. The office shall submit to the governor, the temporary president of the senate, the speaker of the assembly, the chairman of the senate crime and correction committee and the chairman of the assembly committee on codes by October first of each year its evaluation and assessment of this alternatives planning and programming effort by the counties. Such report shall include, but not be limited to, the status of the development of such plans, the approval and implementation of such plans, the success of the programs, in terms of their utilization, effect on jail population, results of the analyses provided counties and the city of New York on the relationship between alcohol, drugs and crime and the success of the eligible alcohol and substance abuse programs and sentencing decisions together with any recommendations with respect to the proper operation or improvement of planning and implementation of effective alternatives to detention and alternatives to incarceration programs in counties.
* NB Repealed September 1, 2025
ARTICLE 15 HUMAN RIGHTS LAW
Section 290. Purposes of article.
291. Equality of opportunity a civil right.
292. Definitions.
293. Division of human rights.
294. General policies of division.
294-a. Statewide campaign for the acceptance, inclusion, tolerance and understanding of diversity.
295. General powers and duties of division.
296. Unlawful discriminatory practices.
296-a. Unlawful discriminatory practices in relation to credit.
296-c. Unlawful discriminatory practices relating to interns.
296-d. Unlawful discriminatory practices relating to non-employees.
297. Procedure.
298. Judicial review and enforcement.
298-a. Application of article to certain acts committed outside the state of New York.
299. Penal provision.
300. Construction.
301. Separability.
2. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights.
3. The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. A division in the executive department is hereby created to encourage programs designed to insure that every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the state; to encourage and promote the development and execution by all persons within the state of such state programs; to eliminate and prevent discrimination in employment, in places of public accommodation, resort or amusement, in educational institutions, in public services, in housing accommodations, in commercial space and in credit transactions and to take other actions against discrimination as herein provided; and the division established hereunder is hereby given general jurisdiction and power for such purposes.
§ 291. Equality of opportunity a civil right.
1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, is hereby recognized as and declared to be a civil right.
2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right.
3. The opportunity to obtain medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant born spontaneously.
§ 292. Definitions. When used in this article:
1. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
2. The term "employment agency" includes any person undertaking to procure employees or opportunities to work.
3. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
4. The term "unlawful discriminatory practice" includes only those practices specified in sections two hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of this article.
5. The term "employer" shall include all employers within the state. For the purposes of this article, (a) the state of New York shall be considered an employer of any employee or official, including any elected official, of the New York state executive, legislature, or judiciary, including persons serving in any judicial capacity, and persons serving on the staff of any elected official in New York state,
(b) a city, county, town, village or other political subdivision of the state of New York shall be considered an employer of any employee or official, including any elected official, of such locality's executive, legislature or judiciary, including persons serving in any local judicial capacity, and persons serving on the staff of any local elected official.
6. The term "employee" in this article does not include any individual employed by his or her parents, spouse, or child.
7. The term "commissioner", unless a different meaning clearly appears from the context, means the state commissioner of human rights; and the term "division" means the state division of human rights created by this article.
8. The term "national origin" shall, for the purposes of this article, include "ancestry."
9. The term "place of public accommodation, resort or amusement" shall include, regardless of whether the owner or operator of such place is a state or local government entity or a private individual or entity, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind, dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls, public rooms, public elevators, and any public areas of any building or structure. Such term shall not include kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the state of New York; any such kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subdivision may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private.
No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a New York state championship contest or uses the words "New York state" in its announcements shall be deemed a private exhibition within the meaning of this section.
10. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings.
11. The term "publicly-assisted housing accommodations" shall include all housing accommodations within the state of New York in
(a) public housing,
(b) housing operated by housing companies under the supervision of the commissioner of housing,
(c) housing constructed after July first, nineteen hundred fifty, within the state of New York
(1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
(2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine,
(3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or
(4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance,
(d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
(e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof.
12. The term "multiple dwelling", as herein used, means a dwelling which is occupied, as a rule, for permanent residence purposes and which is either sold, rented, leased, let or hired out, to be occupied as the residence or home of three or more families living independently of each other. A "multiple dwelling" shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term "family," as used herein, means either a person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a family means a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein. Within the context of this definition, the terms "multiple dwelling" and "multi-family dwelling" are interchangeable.
13. The term "commercial space" means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.
14. The term "real estate broker" means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other incumbrance upon or transfer of real estate. In the sale of lots pursuant to the provisions of article nine-a of the real property law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.
15. The term "real estate salesperson" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker.
16. The term "necessary party" means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.
17. The term "parties to the proceeding" means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article.
18. The term "hearing examiner" means an employee of the division who shall be assigned for stated periods to no other work than the conduct of hearings under this article;
19. The term "discrimination" shall include segregation and separation.
20. The term "credit", when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right.
21. The term "disability" means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
21-a. "Predisposing genetic characteristic" shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability.
21-b. "Genetic test" shall mean a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.
21-e. The term "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.
21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article.
22. The term "creditor", when used in this article, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. The term creditor includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors.
23. The term "credit reporting bureau", when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined by subdivision e of section three hundred seventy-one of the general business law.
24. The term "regulated creditor", when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the department of financial services or which is otherwise subject to the supervision of the department of financial services.
25. The term "superintendent", when used in this article, means the head of the department of financial services appointed pursuant to section two hundred two of the financial services law.
26. The term "familial status", when used in this article, means:
(a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or
(b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
(1) a parent or another person having legal custody of such individual or individuals, or
(2) the designee of such parent.
27. The term "sexual orientation" means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived.
28. The term "military status" when used in this article means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law.
29. The term "reserve armed forces", when used in this article, means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve.
30. The term "organized militia of the state", when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard.
34. The term "victim of domestic violence" shall have the same meaning as is ascribed to such term by section four hundred fifty-nine-a of the social services law.
35. The term "gender identity or expression" means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.
36. The term "lawful source of income" shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. The provisions of this subdivision shall not be construed to prohibit the use of criteria or qualifications of eligibility for the sale, rental, leasing or occupancy of publicly-assisted housing accommodations where such criteria or qualifications are required to comply with federal or state law, or are necessary to obtain the benefits of a federal or state program. A publicly assisted housing accommodation may include eligibility criteria in statements, advertisements, publications or applications, and may make inquiry or request information to the extent necessary to determine eligibility.
37. The term "race" shall, for the purposes of this article include traits historically associated with race, including but not limited to, hair texture and protective hairstyles.
38. The term "private employer" as used in section two hundred ninety-seven of this article shall include any person, company, corporation, labor organization or association. It shall not include the state or any local subdivision thereof, or any state or local department, agency, board or commission.
39. The term "protective hairstyles" shall include, but not be limited to, such hairstyles as braids, locks, and twists.
40. The term "educational institution" shall mean:
(a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or
(b) any for-profit entity that operates a college, university, licensed private career school or certified English as a second language school which holds itself out to the public to be non-sectarian and which is not exempt from taxation pursuant to the provisions of article four of the real property tax law; or
(c) any public school, including any school district, board of cooperative educational services, public college or public university.
41. The term "citizenship or immigration status" means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. Nothing in this article shall preclude verification of citizenship or immigration status where required by law, nor shall an adverse action based on verification of citizenship or immigration status be prohibited where such adverse action is required by law.
§ 293. Division of human rights. 1. There is hereby created in the executive department a division of human rights hereinafter in this article called the division. The head of such division shall be a commissioner hereinafter in this article called the commissioner, who shall be appointed by the governor, by and with the advice and consent of the senate and shall hold office at the pleasure of the governor. The commissioner shall be entitled to his or her expenses actually and necessarily incurred by him or her in the performance of his or her duties.
2. The commissioner may establish, consolidate, reorganize or abolish such bureaus and other organizational units within the division as he or she determines to be necessary for efficient operation.
§ 294. General policies of division. The division shall formulate policies to effectuate the purposes of this article and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.
§ 294-a. Statewide campaign for the acceptance, inclusion, tolerance and understanding of diversity. 1. The division shall develop and implement a statewide campaign to increase awareness and promote the acceptance, inclusion, tolerance and understanding of the diversity of people of this state, including, but not limited to diversity based on religion, race, color, creed, sex, ethnicity, national origin, age, disability, sexual orientation, gender identity or expression. In the development and implementation of such campaign, the division shall adopt as its purpose, the combatting of bias, hatred and discrimination in all their forms and the prevention of discrimination based on religion, race, color, creed, sex, ethnicity, national origin, age, disability, sexual orientation, gender identity or expression.
2. In order to effectuate the purpose of the campaign the division shall:
a. coordinate and cooperate with public and private organizations, including, but not limited to, local governments, community groups, school districts, churches, charitable organizations, foundations and other relevant groups;
b. develop educational materials to be published on the website of the division, social media campaigns or other means determined to be the most effective at reaching the public in a cost effective manner;
c. make information regarding such campaign available on the website of the division; and
d. utilize other resources the division deems appropriate and any other resources, private or public, identified by the division.
§ 295. General powers and duties of division. The division, by and through the commissioner or his or her duly authorized officer or employee, shall have the following functions, powers and duties:
1. To establish and maintain its principal office, and such other offices within the state as it may deem necessary.
2. To function at any place within the state.
3. To appoint such officers, attorneys, clerks and other employees and agents, consultants and special committees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
4. To obtain upon request and utilize the services of all governmental departments and agencies.
5. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this article, and the policies and practices of the division in connection therewith.
6. (a) To receive, investigate and pass upon complaints alleging violations of this article.
(b) Upon its own motion, to test and investigate and to make, sign and file complaints alleging violations of this article and to initiate investigations and studies to carry out the purposes of this article.
7. To hold hearings, to provide where appropriate for cross-interrogatories, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the division. The division may make rules as to the issuance of subpoenas which may be issued by the division at any stage of any investigation or proceeding before it.
In any such investigation or hearing, the commissioner, or an officer duly designated by the commissioner to conduct such investigation or hearing, may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law.
8. To create such advisory councils, local, regional or state-wide, as in its judgment will aid in effectuating the purposes of this article and of section eleven of article one of the constitution of this state, and the division may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status and make recommendations to the division for the development of policies and procedures in general and in specific instances. The advisory councils also shall disseminate information about the division's activities to organizations and individuals in their localities. Such advisory councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the division may make provision for technical and clerical assistance to such councils and for the expenses of such assistance.
9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its judgement will tend to inform persons of the rights assured and remedies provided under this article, to promote good-will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status.
10. To render each year to the governor and to the legislature a full written report of all its activities and of its recommendations.
11. To inquire into incidents of and conditions which may lead to tension and conflict among racial, religious and nationality groups and to take such action within the authority granted by law to the division, as may be designed to alleviate such conditions, tension and conflict.
12. To furnish any person with such technical assistance as the division deems appropriate to further compliance with the purposes or provisions of this article.
13. To promote the creation of human rights agencies by counties, cities, villages or towns in circumstances the division deems appropriate.
14. To accept, with the approval of the governor, as agent of the state, any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys 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 moneys appropriated for the purposes of this article.
15. To adopt an official seal.
16. To have concurrent jurisdiction with the New York city commission on human rights over the administration and enforcement of title C of chapter one of the administrative code of the city of New York.
17. To establish a dedicated telephone line to provide assistance to individuals with complaints of housing discrimination. Such assistance shall include, but not be limited to, directing individuals to resources available to the public regarding housing discrimination. The division shall operate such dedicated telephone line during regular business hours and shall post the telephone number for such dedicated phone line on the website of the division. The commissioner is hereby authorized and directed to promulgate rules and regulations to effectuate the purposes of this subdivision.
18. To establish a toll free confidential hotline to provide individuals with complaints of workplace sexual harassment counsel and assistance. The division shall operate this hotline during regular business hours and disseminate information about this hotline in order to ensure public knowledge of the hotline, including by working with the department of labor to ensure that information on the hotline is included in any materials employers must post or provide to employees regarding sexual harassment. The division will work with organizations representing attorneys, including but not limited to the New York state bar association, to recruit attorneys experienced in providing counsel related to sexual harassment matters who can provide pro bono assistance and counsel to individuals that contact the hotline. The hotline shall comply with all of the requirements for a program operated under the New York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in limited pro bono legal service programs). Attorneys may not solicit, or permit employees or agents of the attorneys to solicit on the attorney's behalf, further representation of any individuals they advise through the hotline relating to discussed sexual harassment complaint.
§ 296. Unlawful discriminatory practices. 1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
(b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation or gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
(h) For an employer, licensing agency, employment agency or labor organization to subject any individual to harassment because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or because the individual has opposed any practices forbidden under this article or because the individual has filed a complaint, testified or assisted in any proceeding under this article, regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims. Such harassment is an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions or privileges of employment because of the individual's membership in one or more of these protected categories. The fact that such individual did not make a complaint about the harassment to such employer, licensing agency, employment agency or labor organization shall not be determinative of whether such employer, licensing agency, employment agency or labor organization shall be liable. Nothing in this section shall imply that an employee must demonstrate the existence of an individual to whom the employee's treatment must be compared. It shall be an affirmative defense to liability under this subdivision that the harassing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences.
1-a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence;
(d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
2. (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, or status as a victim of domestic violence, of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited.
(b) Nothing in this subdivision shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodation, resort or amusement if the division grants an exemption based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex.
(c) For the purposes of paragraph (a) of this subdivision, "discriminatory practice" includes:
(i) a refusal to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford facilities, privileges, advantages or accommodations to individuals with disabilities, unless such person can demonstrate that making such modifications would fundamentally alter the nature of such facilities, privileges, advantages or accommodations;
(ii) a refusal to take such steps as may be necessary to ensure that no individual with a disability is excluded or denied services because of the absence of auxiliary aids and services, unless such person can demonstrate that taking such steps would fundamentally alter the nature of the facility, privilege, advantage or accommodation being offered or would result in an undue burden;
(iii) a refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable;
(iv) where such person is a local or state government entity, a refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal does not constitute an undue burden; except as set forth in paragraph (e) of this subdivision; nothing in this section would require a public entity to: necessarily make each of its existing facilities accessible to and usable by individuals with disabilities; take any action that would threaten or destroy the historical significance of an historic property; or to make structural changes in existing facilities where other methods are effective in achieving compliance with this section; and
(v) where such person can demonstrate that the removal of a barrier under subparagraph (iii) of this paragraph is not readily achievable, a failure to make such facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable.
(d) For the purposes of this subdivision:
(i) "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:
(A) the nature and cost of the action needed under this subdivision;
(B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources or the impact otherwise of such action upon the operation of the facility;
(C) the overall financial resources of the place of public accommodation, resort or amusement; the overall size of the business of such a place with respect to the number of its employees; the number, type and location of its facilities; and
(D) the type of operation or operations of the place of public accommodation, resort or amusement, including the composition, structure and functions of the workforce of such place; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to such place.
(ii) "Auxiliary aids and services" include:
(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B) qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments;
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
(iii) "Undue burden" means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered shall include:
(A) The nature and cost of the action needed under this article;
(B) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
(C) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(D) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(E) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
(iv) "Reasonable modifications in policies, practices, procedures" includes modification to permit the use of a service animal by a person with a disability, consistent with federal regulations implementing the Americans with Disabilities Act, Title III, at 28 CFR 36.302(c).
(e) Paragraphs (c) and (d) of this subdivision do not apply to any air carrier, the National Railroad Passenger Corporation, or public transportation facilities, vehicles or services owned, leased or operated by the state, a county, city, town or village, or any agency thereof, or by any public benefit corporation or authority.
2-a. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations:
(a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concerning the race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination.
(d) (1) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including the use of an animal as a reasonable accommodation to alleviate symptoms or effects of a disability, and including reasonable modification to common use portions of the dwelling, or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety-one, a failure to design and construct dwellings in accordance with the accessibility requirements of the New York state uniform fire prevention and building code, to provide that:
(i) The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons with disabilities;
(ii) All the doors are designed in accordance with the New York state uniform fire prevention and building code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
(iii) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code.
(e) Nothing in this subdivision shall restrict the consideration of age in the rental of publicly-assisted housing accommodations if the division grants an exemption based on bona fide considerations of public policy for the purpose of providing for the special needs of a particular age group without the intent of prejudicing other age groups.
(f) Nothing in this subdivision shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same sex.
3. (a) It shall be an unlawful discriminatory practice for an employer, licensing agency, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities, or pregnancy-related conditions, of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program.
(b) Nothing contained in this subdivision shall be construed to require provision of accommodations which can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, employment agency's or labor organization's business, program or enterprise.
In making such a demonstration with regard to undue hardship the factors to be considered include:
(i) The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget;
(ii) The type of operation which the business, program or enterprise is engaged in, including the composition and structure of the workforce; and
(iii) The nature and cost of the accommodation needed.
(c) Nothing in this subdivision regarding "reasonable accommodation" or in the chapter of the laws of two thousand fifteen which added this paragraph shall alter, diminish, increase, or create new or additional requirements to accommodate protected classes pursuant to this article other than the additional requirements as explicitly set forth in such chapter of the laws of two thousand fifteen.
(d) The employee must cooperate in providing medical or other information that is necessary to verify the existence of the disability or pregnancy-related condition, or that is necessary for consideration of the accommodation. The employee has a right to have such medical information kept confidential.
3-a. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency to refuse to hire or employ or license or to bar or to terminate from employment an individual eighteen years of age or older, or to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of employment, because of such individual's age.
(b) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination on account of age respecting individuals eighteen years of age or older, or any intent to make any such limitation, specification, or discrimination.
(c) For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(d) Notwithstanding any other provision of law, no employee shall be subject to termination or retirement from employment on the basis of age, except where age is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business, where the differentiation is based on reasonable factors other than age, or as otherwise specified in paragraphs (e) and (f) of this subdivision or in article fourteen-A of the retirement and social security law.
(e) Nothing contained in this subdivision or in subdivision one of this section shall be construed to prevent the compulsory retirement of any employee who has attained sixty-five years of age, and who, for a two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least forty-four thousand dollars; provided that for the purposes of this paragraph only, the term "employer" includes any employer as otherwise defined in this article but does not include (i) the state of New York, (ii) a county, city, town, village or any other political subdivision or civil division of the state, (iii) a school district or any other governmental entity operating a public school, college or university, (iv) a public improvement or special district, (v) a public authority, commission or public benefit corporation, or (vi) any other public corporation, agency, instrumentality or unit of government which exercises governmental power under the laws of the state. In applying the retirement benefit test of this paragraph, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, such benefit shall be adjusted in accordance with rules and regulations promulgated by the division, after an opportunity for public hearing, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.
(f) Nothing contained in this subdivision, in subdivision one of this section or in article fourteen-A of the retirement and social security law shall be construed to prevent the compulsory retirement of any employee who has attained seventy years of age and is serving under a contract for unlimited tenure, or a similar arrangement providing for unlimited tenure, at a nonpublic institution of higher education. For purposes of such subdivisions or article, the term "institution of higher education" means an educational institution which (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (ii) is lawfully authorized to provide a program of education beyond secondary education, and (iii) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree.
(g) In the event of a conflict between the provisions of this subdivision and the provisions of article fourteen-A of the retirement and social security law, the provisions of article fourteen-A of such law shall be controlling.
But nothing contained in this subdivision, in subdivision one of this section or in article fourteen-A of the retirement and social security law shall be construed to prevent the termination of the employment of any person who, even upon the provision of reasonable accommodations, is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of said subdivisions or said article; nor shall anything in such subdivisions or such article be deemed to preclude the varying of insurance coverages according to an employee's age.
The provisions of this subdivision shall not affect any restriction upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, status as a victim of domestic violence, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, marital status, or status as a victim of domestic violence, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex.
5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. However, such rental property shall no longer be exempt from the provisions of subparagraphs one and two of this paragraph if there is unlawful discriminatory conduct pursuant to subparagraph three of this paragraph.
(ii) The provisions of subparagraphs one, two, and three of this paragraph shall not apply (1) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex, (2) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation, or (3) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available;
(2) To discriminate against any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status; or any intent to make any such limitation, specification or discrimination.
(4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status; or any intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any housing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, convalescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteenentitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership.
6. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so.
7. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. Retaliation may include, but is not limited to, disclosing an employee's personnel files because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article, except where such disclosure is made in the course of commencing or responding to a complaint in any proceeding under this article or any other civil or criminal action or other judicial or administrative proceeding as permitted by applicable law.
8. It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to section two hundred ninety-seven of this article to violate the terms of such agreement.
9. (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members thereof, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire department or fire company therein, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, marital status, status as a victim of domestic violence, or familial status, of such individual.
(b) Upon a complaint to the division, as provided for under subdivision one of section two hundred ninety-seven of this article, and in the event the commissioner finds that an unlawful discriminatory practice has been engaged in, the board of fire commissioners or other body or office having power of appointment of volunteer firefighters shall be served with any order required, under subdivision four of section two hundred ninety-seven of this article, to be served on any or all respondents requiring such respondent or respondents to cease and desist from such unlawful discriminatory practice and to take affirmative action. Such board shall have the duty and power to appoint as a volunteer firefighter, notwithstanding any other statute or provision of law or by-law of any volunteer fire company, any individual whom the commissioner has determined to be the subject of an unlawful discriminatory practice under this subdivision. Unless such board has been found to have engaged in an unlawful discriminatory practice, service upon such board of such order shall not constitute such board or its members as a respondent nor constitute a finding of an unlawful discriminatory practice against such board or its members.
10. (a) It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in this paragraph or paragraph (b) of this subdivision shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
(b) Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his or her place of employment during any day or days or portion thereof that, as a requirement of his or her religion, he or she observes as his or her sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his or her place of employment and his or her home, provided however, that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, provided further, however, that any such absence not so made up or charged, may be treated by the employer of such person as leave taken without pay.
(c) It shall be an unlawful discriminatory practice for an employer to refuse to permit an employee to utilize leave, as provided in paragraph (b) of this subdivision, solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice.
(d) As used in this subdivision: (1) "undue hardship" shall mean an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system). Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to:
(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer;
(ii) the number of individuals who will need the particular accommodation to a sincerely held religious observance or practice; and
(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.
Provided, however, an accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed.
(2) "premium wages" shall include overtime pay and compensatory time off, and additional remuneration for night, weekend or holiday work, or for standby or irregular duty.
(3) "premium benefit" shall mean an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.
In the case of any employer other than the state, any of its political subdivisions or any school district, this subdivision shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic hardship to the employer. In any proceeding in which the applicability of this subdivision is in issue, the burden of proof shall be upon the employer. If any question shall arise whether a particular position or class of positions is excepted from this subdivision by this paragraph, such question may be referred in writing by any party claimed to be aggrieved, in the case of any position of employment by the state or any of its political subdivisions, except by any school district, to the civil service commission, in the case of any position of employment by any school district, to the commissioner of education, who shall determine such question and in the case of any other employer, a party claiming to be aggrieved may file a complaint with the division pursuant to this article. Any such determination by the civil service commission shall be reviewable in the manner provided by article seventy-eight of the civil practice law and rules and any such determination by the commissioner of education shall be reviewable in the manner and to the same extent as other determinations of the commissioner under section three hundred ten of the education law.
11. Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.
12. Notwithstanding the provisions of subdivisions one, one-a and three-a of this section, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the division, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population. Any plan approved under this subdivision shall be in writing and the division's approval thereof shall be for a limited period and may be rescinded at any time by the division.
13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, status as a victim of domestic violence, disability, or familial status, or of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
14. In addition to reasonable modifications in policies, practices, or procedures, including those defined in subparagraph (iv) of paragraph (d) of subdivision two of this section or reasonable accommodations for persons with disabilities as otherwise provided in this section, including the use of an animal as a reasonable accommodation, it shall be an unlawful discriminatory practice for any person engaged in any activity covered by this section to deny access or otherwise to discriminate against a blind person, a person who is deaf or hard of hearing or a person with another disability because he or she is accompanied by a dog that has been trained to work or perform specific tasks for the benefit of such person by a professional guide dog, hearing dog or service dog training center or professional guide dog, hearing dog or service dog trainer, or to discriminate against such professional guide dog, hearing dog or service dog trainer engaged in such training of a dog for use by a person with a disability, whether or not accompanied by the person for whom the dog is being trained.
15. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of "good moral character" which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. Further, there shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that the employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in section seven hundred fifty-two of the correction law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee.
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by an order adjourning the criminal action in contemplation of dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.59 or 160.58 of the criminal procedure law, in connection with the licensing, housing, employment, including volunteer positions, or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by an order adjourning the criminal action in contemplation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law. An individual required or requested to provide information in violation of this subdivision may respond as if the arrest, criminal accusation, or disposition of such arrest or criminal accusation did not occur. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law. For purposes of this subdivision, an action which has been adjourned in contemplation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall not be considered a pending action, unless the order to adjourn in contemplation of dismissal is revoked and the case is restored to the calendar for further prosecution.
17. Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five years of age or older for housing accommodations.
18. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right of ownership of or possession of or the right to rent or lease housing accommodations:
(1) To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford said person with a disability equal opportunity to use and enjoy a dwelling, including the use of an animal as a reasonable accommodation to alleviate symptoms or effects of a disability, and including reasonable modification to common use portions of the dwelling, or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety-one, a failure to design and construct dwellings in accordance with the accessibility requirements for multi-family dwellings found in the New York state uniform fire prevention and building code to provide that:
(i) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;
(ii) All the doors are designed in accordance with the New York state uniform fire prevention and building code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
(iii) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code.
19. (a) Except as provided in paragraph (b) of this subdivision, it shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, licensing agency, or its employees, agents, or members:
(1) to directly or indirectly solicit, require, or administer a genetic test to a person, or solicit or require information from which a predisposing genetic characteristic can be inferred as a condition of employment, preemployment application, labor organization membership, or licensure; or
(2) to buy or otherwise acquire the results or interpretation of an individual's genetic test results or information from which a predisposing genetic characteristic can be inferred or to make an agreement with an individual to take a genetic test or provide genetic test results or such information.
(b) An employer may require a specified genetic test as a condition of employment where such a test is shown to be directly related to the occupational environment, such that the employee or applicant with a particular genetic anomaly might be at an increased risk of disease as a result of working in said environment.
(c) Nothing in this section shall prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(1) pursuant to a workers' compensation claim;
(2) pursuant to civil litigation; or
(3) to determine the employee's susceptibility to potentially carcinogenic, toxic, or otherwise hazardous chemicals or substances found in the workplace environment only if the employer does not terminate the employee or take any other action that adversely affects any term, condition or privilege of employment pursuant to the genetic test results.
(d) If an employee consents to genetic testing for any of the aforementioned allowable reasons, he or she must be given and sign an authorization of consent form which explicitly states the specific purpose, uses and limitations of the genetic tests and the specific traits or characteristics to be tested.
21. Nothing in this section shall prohibit the offer and acceptance of a discount for housing accommodations to a person with a disability, as defined in subdivision twenty-one of section two hundred ninety-two of this article.
22. (a) It shall be an unlawful discriminatory practice for an employer or licensing agency, because of any individual's status as a victim of domestic violence, to refuse to hire or employ or license or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
(b) It shall be an unlawful discriminatory practice for an employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitation, specification or discrimination as to status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination; provided, however, that no provision of this subdivision shall be construed to prohibit the employer from making any inquiry or obtaining information for the purpose of providing assistance to, or a reasonable accommodation in accordance with the provisions of this subdivision to, a victim of domestic violence.
(c)(1) It shall be an unlawful discriminatory practice for an employer to refuse to provide a reasonable accommodation to an employee who is known by the employer to be a victim of domestic violence, limited to those accommodations set forth in subparagraph two of this paragraph, when such employee must be absent from work for a reasonable time, unless such absence would cause an undue hardship to the employer as set forth in subparagraph three of this paragraph, provided, however that the employer may require an employee to charge any time off pursuant to this section against any leave with pay ordinarily granted, where available, unless otherwise provided for in a collective bargaining agreement or existing employee handbook or policy, and any such absence that cannot be charged may be treated as leave without pay. An employee who must be absent from work in accordance with subparagraph two of this paragraph shall be entitled to the continuation of any health insurance coverage provided by the employer, to which the employee is otherwise entitled during any such absence.
(2) An employer is required to provide a reasonable accommodation to an employee who is a victim of domestic violence who must be absent from work for a reasonable time, in accordance with the provisions of subparagraph one of this paragraph, limited to the following:
(i) Seeking medical attention for injuries caused by domestic violence including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child; or
(ii) Obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence; or
(iii) Obtaining psychological counseling related to an incident or incidents of domestic violence, including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child; or
(iv) Participating in safety planning and taking other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or
(v) Obtaining legal services, assisting in the prosecution of the offense, or appearing in court in relation to the incident or incidents of domestic violence.
(3) An employer is required to provide a reasonable accommodation for an employee's absence in accordance with the provisions of subparagraphs one and two of this paragraph unless the employer can demonstrate that the employee's absence would constitute an undue hardship to the employer. A determination of whether such an absence will constitute an undue hardship shall include consideration of factors such as:
(i) The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget; and
(ii) The type of operation in which the business, program or enterprise is engaged, including the composition and structure of the workforce.
(4) An employee who must be absent from work in accordance with the provisions of subparagraph one of this paragraph shall provide the employer with reasonable advance notice of the employee's absence, unless such advance notice is not feasible.
(5) An employee who must be absent from work in accordance with the provisions of subparagraph one of this paragraph and who cannot feasibly give reasonable advance notice of the absence in accordance with subparagraph four of this paragraph must, within a reasonable time after the absence, provide a certification to the employer when requested by the employer.
Such certification shall be in the form of:
(i) A police report indicating that the employee or his or her child was a victim of domestic violence;
(ii) A court order protecting or separating the employee or his or her child from the perpetrator of an act of domestic violence;
(iii) Other evidence from the court or prosecuting attorney that the employee appeared in court; or
(iv) Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee or his or her child was undergoing counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
(6) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, such employee shall be treated in the same manner as an employee with any other disability, pursuant to the provisions of this section which provide that discrimination and refusal to provide reasonable accommodation of disability are unlawful discriminatory practices.
(d) To the extent allowed by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence.
§ 296-a. Unlawful discriminatory practices in relation to credit. 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space to discriminate against any such applicant because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status;
c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning;
e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, childbearing potential, disability, or familial status;
f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness.
3. It shall not be considered discriminatory if credit differentiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, marital status, status as a victim of domestic violence or disability, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future.
3-a. It shall not be an unlawful discriminatory practice to consider age in determining credit worthiness when age has a demonstrable and statistically sound relationship to a determination of credit worthiness.
4. a. If so requested by an applicant for credit, a creditor shall furnish such applicant with a statement of the specific reasons for rejection of the applicant's application for credit.
b. If so requested in writing by an individual who is or was married, a creditor or credit reporting bureau shall maintain in its records a separate credit history for any such individual. Such separate history shall include all obligations as to which such bureau has notice with respect to which any such person is or was individually or jointly liable.
5. No provision of this section providing spouses the right to separately apply for credit, borrow money, or have separate credit histories maintained shall limit or foreclose the right of creditors, under any other provision of law, to hold one spouse legally liable for debts incurred by the other.
6. Any person claiming to be aggrieved by an unlawful discriminatory practice engaged in by a regulated creditor, in lieu of the procedure set forth in section two hundred ninety-seven of this article, may file a verified complaint with the superintendent, as provided hereinafter; provided, however, that the filing of a complaint with either the superintendent or the division shall bar subsequent recourse to the other agency, as well as to any local commission on human rights, with respect to the grievance complained of.
7. In the case of a verified complaint filed with the superintendent the following procedures shall be followed:
a. After receipt of the complaint, the superintendent shall make a determination within thirty days of whether there is probable cause to believe that the person named in the complaint has engaged in or is engaging in an unlawful discriminatory practice. If the superintendent determines there is no such probable cause, the complaint shall be dismissed. If the superintendent determines that there is such probable cause, he or she shall attempt to resolve such complaint by conference and conciliation. If conciliation is achieved, the terms shall be recorded in a written agreement signed by the creditor and complainant, a copy of which shall be forwarded to the commissioner.
b. If conciliation is not achieved, the superintendent or his or her designated representative shall conduct a hearing with respect to the alleged violation of this section. All interested parties shall be entitled to adequate and timely notice of the hearing. Such parties shall have the right to be represented by counsel or by other representatives of their own choosing; to offer evidence and witnesses in their own behalf and to cross-examine other parties and witnesses; to have the power of subpoena exercised in their behalf; and to have access to a written record of such hearing. The superintendent or his or her representative shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken shall be under oath and a record shall be made of the proceedings. A written decision shall be made by the superintendent or his or her designated representative separately setting forth findings of fact and conclusions of law. A copy of such decision shall be forwarded to the commissioner.
c. If the superintendent finds that a violation of this section has occurred, the superintendent shall issue an order which shall do one or more of the following:
(1) impose a fine in an amount not to exceed ten thousand dollars for each violation, to be paid to the people of the state of New York;
(2) award compensatory damages to the person aggrieved by such violation;
(3) for a claim of sex discrimination only, award reasonable attorney's fees attributable to such claim to any prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous. In no case shall attorney's fees be awarded to the department, nor shall the department be liable to a prevailing party for attorney's fees. In order to find the action or proceeding to be frivolous, the superintendent must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
(4) require the regulated creditor to cease and desist from such unlawful discriminatory practices;
(5) require the regulated creditor to take such further affirmative action as will effectuate the purposes of this section, including, but not limited to, granting the credit which was the subject of the complaint.
d. Any complainant, respondent or other person aggrieved by any order or final determination of the superintendent may obtain judicial review thereof.
8. Where the superintendent makes a determination that a regulated creditor has engaged in or is engaging in discriminatory practices, the superintendent is empowered to issue appropriate orders to such creditor pursuant to the banking law. Such orders may be issued without the necessity of a complaint being filed by an aggrieved person.
9. Whenever any creditor makes application to the superintendent of financial services to take any action requiring consideration by the superintendent of the public interest and the needs and convenience thereof, or requiring a finding that the financial responsibility, experience, charter, and general fitness of the applicant, and of the members thereof if the applicant be a co-partnership or association, and of the officers and directors thereof if the applicant be a corporation, are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly, and efficiently, such creditor shall certify to the superintendent compliance with the provisions of this section. In the event that the records of the department of financial services show that such creditor has been found to be in violation of this section, such creditor shall describe what action has been taken with respect to its credit policies and procedures to remedy such violation or violations. The superintendent shall, in approving the foregoing applications and making the foregoing findings, give appropriate weight to compliance with this section.
10. Any complaint filed with the superintendent pursuant to this section shall be so filed within one year after the occurrence of the alleged unlawful discriminatory practice.
11. The superintendent is hereby empowered to promulgate rules and regulations hereunder to effectuate the purposes of this section.
12. The provisions of this section, as they relate to age, shall not apply to persons under the age of eighteen years.
§ 296-c. Unlawful discriminatory practices relating to interns. 1. As used in this section, "Intern" means a person who performs work for an employer for the purpose of training under the following circumstances:
a. the employer is not committed to hire the person performing the work at the conclusion of the training period;
b. the employer and the person performing the work agree that the person performing the work is not entitled to wages for the work performed; and
c. the work performed:
(1) provides or supplements training that may enhance the employability of the intern;
(2) provides experience for the benefit of the person performing the work;
(3) does not displace regular employees; and
(4) is performed under the close supervision of existing staff.
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;
b. discriminate against an intern in receiving, classifying, disposing or otherwise acting upon applications for internships because of the intern's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;
c. print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service internships or examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence;
d. to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
3. It shall be an unlawful discriminatory practice for an employer to:
a. engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of the intern's employment;
(2) submission to or rejection of such conduct by the intern is used as the basis for employment decisions affecting such intern; or
(3) such conduct has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment; or
b. subject an intern to unwelcome harassment based on age, sex, race, creed, color, sexual orientation, military status, disability, predisposing genetic characteristics, marital status, status as a victim of domestic violence, national origin, or citizenship or immigration status, or where such harassment has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment.
4. Nothing in this section shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
5. Nothing in this section shall create an employment relationship between an employer and an intern for the purposes of articles six, seven, eighteen or nineteen of the labor law.
§ 296-d. Unlawful discriminatory practices relating to non-employees. It shall be an unlawful discriminatory practice for an employer to permit unlawful discrimination against non-employees in its workplace. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, with respect to an unlawful discriminatory practice, when the employer, its agents or supervisors knew or should have known that such non-employee was subjected to an unlawful discriminatory practice in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of the person who engaged in the unlawful discriminatory practice shall be considered.
§ 297. Procedure. 1. Any person claiming to be aggrieved by an unlawful discriminatory practice may, by himself or herself or his or her attorney-at-law, make, sign and file with the division a complaint in writing under oath or by declaration which shall state the name and address of the person alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the division. The commissioner of labor or the attorney general, or the executive director of the justice center for the protection of people with special needs, or the division on its own motion may, in like manner, make, sign and file such complaint. In connection with the filing of such complaint, the attorney general is authorized to take proof, issue subpoenas and administer oaths in the manner provided in the civil practice law and rules. Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of this article, may file with the division a verified complaint asking for assistance by conciliation or other remedial action.
2. a. After the filing of any complaint, the division shall promptly serve a copy thereof upon the respondent and all persons it deems to be necessary parties, and make prompt investigation in connection therewith. Within one hundred eighty days after a complaint is filed, the division shall determine whether it has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in an unlawful discriminatory practice. If it finds with respect to any respondent that it lacks jurisdiction or that probable cause does not exist, the commissioner shall issue and cause to be served on the complainant an order dismissing such allegations of the said complaint as to such respondent.
b. Notwithstanding the provisions of paragraph a of this subdivision, with respect to housing discrimination only, after the filing of any complaint, the division shall, within thirty days after receipt, serve a copy thereof upon the respondent and all persons it deems to be necessary parties, and make prompt investigation in connection therewith. Within one hundred days after a complaint is filed, the division shall determine whether it has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in an unlawful discriminatory practice. If it finds with respect to any respondent that it lacks jurisdiction or that probable cause does not exist, the commissioner shall issue and cause to be served on the complainant an order dismissing such allegations of the said complaint as to such respondent.
3. a. If in the judgment of the division the circumstances so warrant, it may, at any time after the filing of the complaint, endeavor to eliminate such unlawful discriminatory practice by conference, conciliation and persuasion. Each conciliation agreement shall include provisions requiring the respondent to refrain from the commission of unlawful discriminatory practices in the future and may contain such further provisions as may be agreed upon by the division, the complainant, and the respondent, including a provision for the entry in the supreme court in any county in the judicial district where the alleged unlawful discriminatory practice was committed, or where any respondent resides or maintains an office for the transaction of business, or where the housing accommodation, land or commercial space specified in the complaint is located, of a consent decree embodying the terms of the conciliation agreement. The division shall not disclose what has transpired in the course of such endeavors.
b. If a conciliation agreement is entered into, the division shall issue an order embodying such agreement and serve a copy of such order upon all parties to the proceeding, and if a party to any such proceeding is a regulated creditor, the division shall forward a copy of the order embodying such agreement to the superintendent.
c. If the division finds that noticing the complaint for hearing would be undesirable, the division may, in its unreviewable discretion, at any time prior to a hearing before a hearing examiner, dismiss the complaint on the grounds of administrative convenience. However, in cases of housing discrimination only, an administrative convenience dismissal will not be rendered without the consent of the complainant. The division may, subject to judicial review, dismiss the complaint on the grounds of untimeliness if the complaint is untimely or on the grounds that the election of remedies is annulled.
4. a. Within two hundred seventy days after a complaint is filed, or within one hundred twenty days after the court has reversed and remanded an order of the division dismissing a complaint for lack of jurisdiction or for want of probable cause, unless the division has dismissed the complaint or issued an order stating the terms of a conciliation agreement not objected to by the complainant, the division shall cause to be issued and served a written notice, together with a copy of such complaint, as the same may have been amended, requiring the respondent or respondents to answer the charges of such complaint and appear at a public hearing before a hearing examiner at a time not less than five nor more than fifteen days after such service and at a place to be fixed by the division and specified in such notice. The place of any such hearing shall be the office of the division or such other place as may be designated by the division. The case in support of the complaint shall be presented by one of the attorneys or agents of the division and, at the option of the complainant, by his or her attorney. With the consent of the division, the case in support of the complainant may be presented solely by his or her attorney. No person who shall have previously made the investigation, engaged in a conciliation proceeding or caused the notice to be issued shall act as a hearing examiner in such case. Attempts at conciliation shall not be received in evidence. At least two business days prior to the hearing the respondent shall, and any necessary party may, file a written answer to the complaint, sworn to subject to the penalties of perjury, with the division and serve a copy upon all other parties to the proceeding. A respondent who has filed an answer, or whose default in answering has been set aside for good cause shown may appear at such hearing in person or otherwise, with or without counsel, cross examine witnesses and the complainant and submit testimony. The complainant and all parties shall be allowed to present testimony in person or by counsel and cross examine witnesses. The hearing examiner may in his or her discretion permit any person who has a substantial personal interest to intervene as a party, and may require that necessary parties not already parties be joined. The division or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent and any other party shall have like power to amend his or her answer. The hearing examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and a record made.
b. If the respondent fails to answer the complaint, the hearing examiner designated to conduct the hearing may enter the default and the hearing shall proceed on the evidence in support of the complaint. Such default may be set aside only for good cause shown upon equitable terms and conditions.
c. Within one hundred eighty days after the commencement of such hearing, a determination shall be made and an order served as hereinafter provided. If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful discriminatory practice as defined in this article, the commissioner shall state findings of fact and shall issue and cause to be served on such respondent an order, based on such findings and setting them forth, and including such of the following provisions as in the judgment of the division will effectuate the purposes of this article: (i) requiring such respondent to cease and desist from such unlawful discriminatory practice; (ii) requiring such respondent to take such affirmative action, including (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons, granting the credit which was the subject of any complaint, evaluating applicants for membership in a place of accommodation without discrimination based on race, creed, color, national origin, sex, disability or marital status, and without retaliation or discrimination based on opposition to practices forbidden by this article or filing a complaint, testifying or assisting in any proceeding under this article; (iii) awarding of compensatory damages to the person aggrieved by such practice; (iv) awarding of punitive damages, in cases of employment discrimination related to private employers, and, in cases of housing discrimination, with damages in housing discrimination cases in an amount not to exceed ten thousand dollars, to the person aggrieved by such practice; (v) requiring payment to the state of profits obtained by a respondent through the commission of unlawful discriminatory acts described in subdivision three-b of section two hundred ninety-six of this article; and (vi) assessing civil fines and penalties, in an amount not to exceed fifty thousand dollars, to be paid to the state by a respondent found to have committed an unlawful discriminatory act, or not to exceed one hundred thousand dollars to be paid to the state by a respondent found to have committed an unlawful discriminatory act which is found to be willful, wanton or malicious; (vii) requiring a report of the manner of compliance. If, upon all the evidence, the commissioner shall find that a respondent has not engaged in any such unlawful discriminatory practice, he or she shall state findings of fact and shall issue and cause to be served on the complainant an order based on such findings and setting them forth dismissing the said complaint as to such respondent. A copy of each order issued by the commissioner shall be delivered in all cases to the attorney general, the secretary of state, if he or she has issued a license to the respondent, and such other public officers as the division deems proper, and if any such order issued by the commissioner concerns a regulated creditor, the commissioner shall forward a copy of any such order to the superintendent. A copy of any complaint filed against any respondent who has previously entered into a conciliation agreement pursuant to paragraph a of subdivision three of this section or as to whom an order of the division has previously been entered pursuant to this paragraph shall be delivered to the attorney general, to the secretary of state if he or she has issued a license to the respondent and to such other public officers as the division deems proper, and if any such respondent is a regulated creditor, the commissioner shall forward a copy of any such complaint to the superintendent.
d. The division shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder.
e. Any civil penalty imposed pursuant to this subdivision shall be separately stated, and shall be in addition to and not reduce or offset any other damages or payment imposed upon a respondent pursuant to this article. In cases of employment discrimination where the employer has fewer than fifty employees, such civil fine or penalty may be paid in reasonable installments, in accordance with regulations promulgated by the division. Such regulations shall require the payment of reasonable interest resulting from the delay, and in no case permit installments to be made over a period longer than three years.
5. Any complaint filed pursuant to this section must be so filed within one year after the alleged unlawful discriminatory practice. In cases of sexual harassment in employment, any complaint filed pursuant to this section must be so filed within three years after the alleged unlawful discriminatory practices.
6. At any time after the filing of a complaint with the division alleging an unlawful discriminatory practice under this article, if the division determines that the respondent is doing or procuring to be done any act tending to render ineffectual any order the commissioner may enter in such proceeding, the commissioner may apply to the supreme court in any county where the alleged unlawful discriminatory practice was committed, or where any respondent resides or maintains an office for the transaction of business, or if the complaint alleges an unlawful discriminatory practice under subdivision two-a or paragraph (a), (b) or (c) of subdivision five of section two hundred ninety-six of this article, where the housing accommodation, land or commercial space specified in the complaint is located, or, if no supreme court justice is available in such county, in any other county within the judicial district, for an order requiring the respondents or any of them to show cause why they should not be enjoined from doing or procuring to be done such act. The order to show cause may contain a temporary restraining order and shall be served in the manner provided therein. On the return date of the order to show cause, and after affording all parties an opportunity to be heard, if the court deems it necessary to prevent the respondents from rendering ineffectual an order relating to the subject matter of the complaint, it may grant appropriate injunctive relief upon such terms and conditions as it deems proper.
7. Not later than one year from the date of a conciliation agreement or an order issued under this section, and at any other times in its discretion, the division shall investigate whether the respondent is complying with the terms of such agreement or order. Upon a finding of non-compliance, the division shall take appropriate action to assure compliance.
8. No officer, agent or employee of the division shall make public with respect to a particular person without his consent information from reports obtained by the division except as necessary to the conduct of a proceeding under this section.
9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of employment discrimination related to private employers and housing discrimination only, punitive damages, and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint hereunder or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this article, provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four of the civil practice law and rules, if a complaint is so annulled by the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the statute of limitations in effect in such court at the time the complaint was initially filed with the division. Any party to a housing discrimination complaint shall have the right within twenty days following a determination of probable cause pursuant to subdivision two of this section to elect to have an action commenced in a civil court, and an attorney representing the division of human rights will be appointed to present the complaint in court, or, with the consent of the division, the case may be presented by complainant's attorney. A complaint filed by the equal employment opportunity commission to comply with the requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a complaint within the meaning of this subdivision. No person who has initiated any action in a court of competent jurisdiction or who has an action pending before any administrative agency under any other law of the state based upon an act which would be an unlawful discriminatory practice under this article, may file a complaint with respect to the same grievance under this section or under section two hundred ninety-six-a of this article. In cases of housing discrimination only, a person whose complaint has been dismissed by the division after investigation for lack of jurisdiction or lack of probable cause may file the same cause of action in a court of appropriate jurisdiction pursuant to this section, unless judicial review of such dismissal has been sought pursuant to section two hundred ninety-eight of this article. The attorney general shall have the power to commence an action or proceeding in the supreme court of the state of New York, if, upon information or belief, the attorney general is of the opinion that an employer has been, is, or is about to violate the provisions regarding unlawful discriminatory retaliation pursuant to subdivision seven of section two hundred ninety-six of this article. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the attorney general or any other person authorized to bring an action under this section.
10. In an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hearing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the division is a party to the action or the proceeding in the division's capacity as an employer. Expert witness fees may be awarded in the same manner as attorney's fees. In cases of employment discrimination, a respondent shall only be liable for attorney's fees under this subdivision if the respondent has been found liable for having committed an unlawful discriminatory practice. In order to find the action or proceeding to be frivolous, the court or the commissioner must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
§ 298. Judicial review and enforcement. Any complainant, respondent or other person aggrieved by an order of the commissioner which is an order after public hearing, a cease and desist order, an order awarding damages, an order dismissing a complaint, or by an order of the division which makes a final disposition of a complaint may obtain judicial review thereof, and the division may obtain an order of court for its enforcement and for the enforcement of any order of the commissioner which has not been appealed to the court, in a proceeding as provided in this section. Such proceeding shall be brought in the supreme court in the county wherein the unlawful discriminatory practice which is the subject of the order occurs or wherein any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Such proceeding shall be initiated by the filing of a notice of petition and petition in such court. Thereafter, at a time and in a manner to be specified by rules of court, the division shall file with the court a written transcript of the record of all prior proceedings. Upon the filing of a notice of petition and petition, the court shall have jurisdiction of the proceeding and of the questions determined therein, except that where the order sought to be reviewed was made as a result of a public hearing held pursuant to paragraph a of subdivision four of section two hundred ninety-seven of this article, the court shall make an order directing that the proceeding be transferred for disposition to the appellate division of the supreme court in the judicial department embracing the county in which the proceeding was commenced. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part such order. No objection that has not been urged in prior proceedings shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Any party may move the court to remit the case to the division in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, provided he or she shows reasonable grounds for the failure to adduce such evidence in prior proceedings. The findings of facts on which such order is based shall be conclusive if supported by sufficient evidence on the record considered as a whole. All such proceedings shall be heard and determined by the court and any appeal taken from its judgment or order shall be reviewed by the appropriate appellate court as expeditiously as possible and with lawful precedence over other matters. The jurisdiction of the courts over these proceedings, as provided for herein, shall be exclusive and their judgments and orders shall be final, subject to appellate review in the same manner and form and with the same effect as provided for appeals from a judgment in a special proceeding. The division's copy of the testimony shall be available at all reasonable times to all parties for examination without cost and for the purposes of judicial review of such order. Any appeal under this section and any proceeding, if instituted under article seventy-eight of the civil practice law and rules to which the division or the board is a party shall be heard on the record without requirement of printing. The division may appear in court by one of its attorneys. A proceeding under this section when instituted by any complainant, respondent or other person aggrieved must be instituted within sixty days after the service of such order. In cases of housing discrimination only, a complaint dismissed after investigation for lack of jurisdiction or lack of probable cause may either be appealed pursuant to this section or the same cause of action may be filed in a court of appropriate jurisdiction pursuant to section two hundred ninety-seven of this article.
§ 298-a. Application of article to certain acts committed outside the state of New York. 1. The provisions of this article shall apply as hereinafter provided to an act committed outside this state against a resident of this state or against a corporation organized under the laws of this state or authorized to do business in this state, if such act would constitute an unlawful discriminatory practice if committed within this state.
2. If a resident person or domestic corporation violates any provision of this article by virtue of the provisions of this section, this article shall apply to such person or corporation in the same manner and to the same extent as such provisions would have applied had such act been committed within this state except that the penal provisions of such article shall not be applicable.
3. If a non-resident person or foreign corporation violates any provision of this article by virtue of the provisions of this section, such person or corporation shall be prohibited from transacting any business within this state. Except as otherwise provided in this subdivision, the provisions of section two hundred ninety-seven of this article governing the procedure for determining and processing unlawful discriminatory practices shall apply to violations defined by this subdivision insofar as such provisions are or can be made applicable. If the division of human rights has reason to believe that a non-resident person or foreign corporation has committed or is about to commit outside of this state an act which if committed within this state would constitute an unlawful discriminatory practice and that such act is in violation of any provision of this article by virtue of the provisions of this section, it shall serve a copy of the complaint upon such person or corporation by personal service either within or without the state or by registered mail, return receipt requested, directed to such person or corporation at his or her or its last known place of residence or business, together with a notice requiring such person or corporation to appear at a hearing, specifying the time and place thereof, and to show cause why a cease and desist order should not be issued against such person or corporation. If such person or corporation shall fail to appear at such hearing or does not show sufficient cause why such order should not be issued, the division shall cause to be issued and served upon such person or corporation an order to cease or desist from the act or acts complained of. Failure to comply with any such order shall be followed by the issuance by the division of an order prohibiting such person or corporation from transacting any business within this state. A person or corporation who or which transacts business in this state in violation of any such order is guilty of a class A misdemeanor. Any order issued pursuant to this subdivision may be vacated by the division upon satisfactory proof of compliance with such order. All orders issued pursuant to this subdivision shall be subject to judicial review in the manner prescribed by article seventy-eight of the civil practice law and rules.
§ 299. Penal provision. Any person, employer, labor organization or employment agency, who or which shall wilfully resist, prevent, impede or interfere with the division or any of its employees or representatives in the performance of duty under this article, or shall wilfully violate an order of the division or commissioner, shall be guilty of a misdemeanor and be punishable by imprisonment in a penitentiary, or county jail, for not more than one year, or by a fine of not more than five hundred dollars, or by both; but procedure for the review of the order shall not be deemed to be such wilful conduct.
§ 300. Construction. The provisions of this article shall be construed liberally for the accomplishment of the remedial purposes thereof, regardless of whether federal civil rights laws, including those laws with provisions worded comparably to the provisions of this article, have been so construed. Exceptions to and exemptions from the provisions of this article shall be construed narrowly in order to maximize deterrence of discriminatory conduct. Nothing contained in this article shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination; but, as to acts declared unlawful by section two hundred ninety-six of this article, the procedure herein provided shall, while pending, be exclusive; and the final determination therein shall exclude any other state civil action based on the same grievance of the individual concerned. If such individual institutes any action based on such grievance without resorting to the procedure provided in this article, he or she may not subsequently resort to the procedure herein.
§ 301. Separability. If any clause, sentence, paragraph or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article.
ARTICLE 15-B NEW YORK STATE MARTIN LUTHER KING, JR. INSTITUTE FOR NONVIOLENCE ACT
Section 320. Legislative findings and declaration.
321. Definitions.
322. The New York state Martin Luther King, Jr. institute for nonviolence.
323. Powers and duties.
324. Fellowships.
325. Grants.
326. Reporting.
327. Contributions to the institute.
§ 320. Legislative findings and declaration. The legislature finds and declares that an institution embodying the heritage, ideals and concerns of the people of the state of New York for peace and social justice as exemplified by the philosophy and nonviolent leadership of Dr. Martin Luther King, Jr. is an appropriate response to the significant public need for the state to develop methods in addition to current law enforcement responses to curb the use of violence and encourage the nonviolent management of social conflict.
It is further found and declared that people throughout the state fear violence and deplore the social injustice that can give rise to violence. New York state citizens are experiencing increasing racial and cultural hostilities stemming from rapid social change and real and perceived conflicts over group and individual interests and they may be disadvantaged by a lack of problem-solving skills for redressing these social conflicts.
It is further found and declared that many potentially destructive conflicts between different societal groups and interests have been resolved constructively and effectively at the national, state and local level through the use of nonviolent methods as were advocated and exemplified by the life of Dr. Martin Luther King, Jr.
It is further found and declared there is a need to examine the history, nature, elements and future of nonviolent processes for conflict resolution, and to develop new techniques to promote nonviolence solutions to economic, political, social and cultural conflicts in the state. Such activities conducted through government, private enterprise, and voluntary associations can be strengthened by a state institution devoted to research, education and training and the provision of information services with respect to nonviolent conflict resolution techniques.
To accomplish these public purposes, it therefore is necessary that the state of New York establish the New York state Martin Luther King, Jr. institute for nonviolence to serve the citizens of the state and their government through education and training opportunities, basic and applied research opportunities, and information services, with respect to the promotion of nonviolent methods and techniques to resolve conflicts among individuals and groups of New York state citizens.
§ 321. Definitions. The following terms as used in this article shall have the following meanings.
1. "Board" shall mean the board of directors of the institute.
2. "Institute" shall mean the New York state Martin Luther King, Jr. institute for nonviolence established by section three hundred twenty-two of this article.
§ 322. The New York state Martin Luther King, Jr. institute for nonviolence. 1. There is hereby created the New York state Martin Luther King, Jr. institute for nonviolence. The institute shall be a public corporation and its membership shall consist of thirteen members as follows: the chancellor of the state university of New York, the commissioner of education of the state of New York, the chairperson of the New York state Martin Luther King, Jr. commission, and ten members to be appointed by the governor. Of the members appointed by the governor, one shall be a member of the New York state senate appointed by the governor on the recommendation of the majority leader, one shall be a member of the New York state senate appointed by the governor on the recommendation of the minority leader, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the speaker of the assembly, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the minority leader; and six shall be members appointed by the governor, no more than three of whom may be members of the same political party.
From among the ten directors appointed by him, the governor shall appoint a chairperson who shall serve for a term of three years.
Members of the board of directors shall serve the following terms of office:
(a) A member of the state legislature appointed to the board shall serve for a single term not to exceed five years and shall serve as a member only while he or she is a member of the legislature.
(b) Of the six directors appointed by the governor who are not members of the legislature, three directors shall serve for terms of four years, two directors shall serve for terms of three years, and one director shall serve for a one year term. Thereafter, each director, except for a director appointed to fill an unexpired term, shall serve for a five year term. No director may serve on the board for more than ten years.
2. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the governor shall appoint a successor, with the advice and consent of the New York state senate, to serve for the balance of the unexpired term.
3. The board of directors shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the corporation, the acts of a majority of the directors present at a meeting at which a quorum is present shall be deemed to be the acts of the board.
4. The board of directors shall adopt by-laws for the corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
5. The directors appointed by the governor shall serve without salary, but each director, including the chairperson shall be entitled to reimbursement for such director's reasonable actual and necessary expenses incurred in the performance of his or her official duties, and except in the case of any director who serves as a member of the legislature or serves in an ex officio capacity, a per diem allowance when rendering services as such director.
6. No member of the board of directors shall participate in a decision on the awarding of any grant or contract to an individual or organization with whom such member is affiliated.
7. Directors other than the chancellor of the state university of New York and the commissioner of education of the state of New York may engage in private employment, or in a profession or business. The corporation, its directors, officers and employees shall be subject to the provisions of sections seventy-three and seventy-four of the public officers law.
§ 323. Powers and duties. The institute shall have the following powers and duties:
1. To conduct research and undertake studies, particularly of an interdisciplinary or of a multi-disciplinary nature, into the causes of violence and other social conflicts, and peace and nonviolence theories, methods, techniques, programs and systems;
2. To develop programs to make research, education and training with respect to nonviolent conflict resolution more available and useful to persons in government, private enterprise, community groups and voluntary associations;
3. To conduct training, provide symposia and develop continuing education and research programs to promote skills in nonviolent conflict resolution;
4. To establish such divisions, programs, schools, and offices as the board deems appropriate to carry out the purposes of this article;
5. To enter into formal and informal relationships with other public or private institutions for purposes of fulfilling the goals of the institute not inconsistent with this article;
6. To establish a clearinghouse and develop and provide other programs and materials, including publications, handbooks, training manuals, and audio-visual materials, for disseminating information on the programs, studies, research, and training and educational opportunities, of the institute;
7. To enter into contracts;
8. To adopt, amend and alter by-laws, not inconsistent with the laws of the state of New York;
9. To charge and collect subscription and other participation costs and fees for its services, including publications, and courses of study;
10. The institute may sue and be sued, complain, and defend in any court of competent jurisdication; and
11. The institute may do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this article.
§ 324. Fellowships. The institute may establish fellowships, through the provisions of financial assistance in the form of stipends, grants or loans or other assistance, to individuals to enable them to pursue scholarly inquiry and study other appropriate forms of strategies for peace and nonviolent conflict resolution. No such assistance shall be provided for a period in excess of two years.
§ 325. Grants. The institute may undertake to provide financial assistance in the form of grants or loans and may contract with public and private educational institutions, including primary and secondary schools and community colleges, and with other public and private entities to carry out the purposes of this article.
§ 326. Reporting. The institute shall provide a report of an audit to the governor of the state of New York and each house of the legislature no later than six months following the close of each fiscal year. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the institute assets and liabilities, surplus or deficit, with reasonable detail, during the year including a schedule of all contracts and grants requiring payments in excess of five thousand dollars and any payments of compensation, salaries, or fees at a rate in excess of five thousand dollars per annum.
§ 327. Contributions to the institute. The institute may receive grants and contributions from any public or private source to the extent authorized by law.
ARTICLE 15-C RELIGIOUS ACCOMMODATION FOR LICENSING EXAMINATIONS
Section 328. Definitions.
328-a. Special administrations.
§ 328. Definitions. When used in this article:
1. "Licensing examination" means any test or examination that is given in New York and used to determine whether an applicant will be licensed, certified, admitted, or otherwise permitted to practice any profession, business, trade, activity, or pursuit.
2. "Test subject" means an individual to whom a test or examination is administered.
3. "Day of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on any test subject's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a sabbath or other holy day or days in accordance with the requirements of his or her religion.
4. "Affected test subject" means a test subject for whom a day of religious observance falls on the day or portion thereof that a licensing exam is administered.
§ 328-a. Special administrations. When any licensing examination is administered on a day of religious observance, a special administration of such licensing examination or an equivalent examination shall be offered to any affected test subject as soon after or before as is possible, at a comparable time, place and cost, provided that in no circumstances shall the special administration be more than thirty days before or after the regular test administration.
ARTICLE 16-A HIGHWAY SAFETY
Section 330. Legislative findings and statement of purpose.
331. Definitions.
332. State highway safety program.
333. Local highway safety programs.
334. Federal aid.
§ 330. Legislative findings and statement of purpose. The rising toll of deaths and injuries resulting from highway accidents is a matter of state concern. Although the state and local governments presently are active in virtually all areas of highway safety, no formal mechanism exists for the integration and coordination of existing safety efforts. The establishment of a statewide highway safety program, under the guidance and direction of the governor, will provide this needed mechanism, and will result in the unification of state and local efforts in the struggle to reduce highway deaths and injuries.
§ 331. Definitions. For the purposes of this article, the following terms shall have the following meanings:
1. "State highway safety program" means all highway safety programs conducted by the state and political subdivisions of the state.
2. "Approved local highway safety program" means a program established by a political subdivision which has been approved pursuant to the provisions of this article.
3. "Political subdivision" means a city or town with a population in excess of fifty thousand, and every county not wholly included within a city, and any combination of the foregoing having at least one common boundary.
4. "Designee" means the public officer or state agency designated by the governor to act in his behalf in carrying out the provisions of this article.
§ 332. State highway safety program. 1. Notwithstanding any inconsistent provision of law, general, special or local, the governor is hereby empowered to contract and to do all other things necessary or convenient in behalf of the state to secure the full benefits available under the federal highway safety act of nineteen hundred sixty-six and any acts amendatory or supplemental thereto. The governor shall coordinate the highway safety activities of state and local agencies, other public and private agencies, and of interested organizations and individuals to effectuate the purposes of that act and shall be the official of this state having the ultimate responsibility of dealing with the federal government with respect to the state highway safety program.
§ 333. Local highway safety programs. 1. The governor or his designee is hereby empowered to promulgate rules and regulations establishing standards and procedures relating to the content, coordination, submission and approval of local highway safety programs. Such rules and regulations may include, but need not be limited to, requirements in the following areas of highway safety:
(a) traffic engineering and control;
(b) traffic enforcement;
(c) emergency medical care;
(d) investigation and surveillance of accident locations; and
(e) highway safety education.
2. To qualify for receipt of federal funds, each political subdivision shall:
(a) If a city or town, appoint, and such political subdivisions are hereby authorized to so appoint, a highway safety committee to coordinate local highway safety efforts. The chairman of such committee shall be responsible for coordinating the local highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(b) If a county, establish a county traffic safety board as authorized by article forty-three of the vehicle and traffic law. The chairman of such board shall be responsible for coordinating the local highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(c) If any combination of a city, town or county having at least one common boundary, appoint, and such political subdivisions are hereby authorized to so appoint, a regional highway safety committee to coordinate regional highway safety efforts. Such committee shall consist of at least one member from each participating city, town or county. The chairman of such committee shall be responsible for coordinating the regional highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(d) Submit to the governor or his designee a local highway safety program in accordance with and meeting the standards established by rules and regulations promulgated pursuant to subdivision one of this section.
(e) Submit to the governor or his designee such other information as may be required to carry out the purposes of this article.
§ 334. Federal aid. 1. The department of taxation and finance shall accept and receive any and all grants of money awarded to the state and its political subdivisions under the federal highway safety act of nineteen hundred sixty-six, and acts amendatory or supplemental thereto. All monies so received shall be deposited by the department of taxation and finance in a special fund or funds and shall be used exclusively for establishing and administering highway safety programs pursuant to the provisions of this article. Such money shall be paid from said fund or funds upon audit and warrant of the comptroller on vouchers of or certification by the governor or his designee.
2. At least forty per cent of the federal funds so received shall be allocated and paid to those political subdivisions which have established approved local highway safety programs. In determining the allocation of such amount among such political subdivisions, the governor or his designee shall consider the following factors:
(a) the relative populations of such political subdivisions;
(b) the total costs of the local highway safety programs;
(c) the amount of state aid and other funds received by such political subdivisions for highway safety purposes; and
(d) the safety value of any special highway safety projects conducted by such political subdivisions.
3. The federal funds remaining after the allocations and payments have been made pursuant to subdivision two of this section shall be utilized for such highway safety purposes as the governor or his designee shall deem appropriate.
ARTICLE 19-A DELINQUENCY AND YOUTH CRIME PREVENTION
Section 411. Purpose of article.
412. Definitions.
419. Rules and regulations.
420. State aid.
421. Withholding state aid.
422. Youth bureaus.
423. Grants; raising and paying over of local funds.
424. Report and recommendations.
425. Interpretation.
426. Constitutionality.
§ 411. Purpose of article. The purpose of this article is to put into effect those measures most suitable to supplement and aid in coordinating the work of existing religious and social institutions for the prevention of delinquency and youth crime, and the advancement of the moral, physical, mental and social well-being of the youth of this state, and to encourage the municipalities of this state to undertake increased activities in this field by assistance and financial aid as provided in this article.
§ 412. Definitions. As used in this article,
1. "Office" shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven.
2. "Commissioner" shall mean the commissioner of children and family services, designated as the head of the office of children and family services by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven.
3. "Youth" shall mean any person under twenty-one years of age.
4. "Municipality" shall mean a county, or a city having a population of one million or more.
5. "Youth development program" shall mean a local program designed to accomplish the broad purposes of this article subject to the rules and regulations of the office; provided however, the term "youth development program" shall not include approved runaway programs or transitional independent living support programs as such terms are defined in section five hundred thirty-two-a of this chapter.
6. "State aid" shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article.
7. "Youth board" shall mean the citizen board of a youth bureau.
8. "Municipal youth bureau" shall mean either:
a. In a city having a population of one million or more, the New York City department of youth and community development, or a successor entity;
b. A youth bureau that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular county; or
c. A youth bureau that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout two or more particular counties, in accordance with subdivision five of section four hundred twenty-two of this article.
9. "Local youth bureau" shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city.
§ 419. Rules and regulations. The office may adopt, amend or rescind all rules and regulations necessary to carry out the provisions of this article, including the objective that state aid hereunder shall be granted uniformly throughout the state, having regard for varying conditions and needs in different parts of the state.
§ 420. State aid. 1. a. (1) Each municipality operating a youth development program approved by the office of children and family services shall be eligible for one hundred percent state reimbursement of its qualified expenditures, subject to available appropriations and exclusive of any federal funds made available therefor, not to exceed the municipality's distribution of state aid under this article.
(2) The state aid appropriated for youth development programs shall be distributed by the office of children and family services to eligible municipalities that have an approved comprehensive plan pursuant to subparagraph two of paragraph c of this subdivision. Such state aid shall be limited to the funds specifically appropriated therefor and shall be based on factors that shall include the number of youth under the age of twenty-one residing in the municipality as shown by the last published federal census certified in the same manner as provided by section fifty-four of the state finance law and may include, but not be limited to, the percentage of youth living in poverty within the municipality or such other factors as provided for in the regulations of the office.
(3) The office shall not reimburse any claims under this section unless they are submitted within twelve months of the calendar quarter in which the expenditure was made. The office may require that such claims be submitted to the office electronically in the manner and format required by the office.
(4) A comprehensive plan developed in accordance with paragraph c of this subdivision may provide for the funding of local youth bureaus that have been approved in accordance with section four hundred twenty-two of this article and municipal youth bureaus. Provided however, that an approved local youth bureau that is not providing, operating, administering or monitoring youth development programs shall not receive funding pursuant to this subdivision. Provided, further that up to fifteen percent of the youth development funds that a municipality determines will be provided to a local youth bureau in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision may be used for administrative functions performed by such local youth bureau.
(5) If a municipality does not allocate youth development funding pursuant to the information contained within the municipality's comprehensive plan in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision, the office may authorize or require the comptroller to withhold the payment of state aid to such municipality in accordance with section four hundred twenty-one of this article.
b. Youth development programs shall provide community-level services designed to promote positive youth development. Such programs may include, but not be limited to: programs that promote physical and emotional wellness, educational achievement or civic, family and community engagement; family support services; services to prevent juvenile delinquency, child abuse and neglect; services to avert family crises; and services to assist youth in need of crisis intervention or respite services. Subject to the regulations of the office, a municipality may enter into contracts to effectuate its youth development program established and approved as provided in this article.
c. Each municipality shall develop, in consultation with the applicable municipal youth bureau, a comprehensive plan to offer youth development programs. Such comprehensive plan shall be subject to the approval of the office of children and family services in accordance with subparagraph two of this paragraph and shall be submitted by each municipality in a manner and at such times and for such periods as the office of children and family services shall determine.
(1) Such comprehensive plan shall:
(i) describe the need in the municipality for youth development programs, and specify, at minimum, how the municipality will address the need for youth development in villages, towns and cities which have a youth population of twenty thousand or more persons;
(ii) detail how the municipality will allocate the funding it receives pursuant to this subdivision, including an accounting of all of the eligible entities within such municipality that will receive funding under this subdivision, the youth development services that such entities will provide, and the amount of funding that each entity will receive;
(iii) specify how the municipality will measure performance outcomes for such services and programs covered under the plan;
(iv) specify the projected performance outcomes for services and programs covered under the plan, including projected positive outcomes for youth who participate in the services and programs; and
(v) provide information on the performance outcomes of services provided under the municipality's most recent plan approved pursuant to this subdivision, including outcome based measures that demonstrate the quality of services provided and program effectiveness of programs funded under such plan.
(2) The office of children and family services may approve all or part of a municipality's comprehensive plan. If the office does not approve a municipality's comprehensive plan, such municipality shall have sixty days from receipt of the notification of disapproval to submit a revised plan.
(3) If the municipality is seeking state aid to provide services for runaway and homeless youth, as defined in article nineteen-H of this chapter, the runaway and homeless youth plan, as required by subdivision two of this section, shall be submitted as part of the comprehensive plan that is required pursuant to this paragraph; provided however, that state aid to provide services for runaway and homeless youth services shall be from, and limited to, funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in this subdivision.
2. Runaway and homeless youth plan; state aid.
a. (1) A municipality may submit to the office of children and family services a plan for the providing of services for runaway and homeless youth, as defined in article nineteen-H of this chapter. Where such municipality is receiving state aid pursuant to paragraph a of subdivision one of this section, such runaway and homeless youth plan shall be submitted as part of the comprehensive plan and shall be consistent with the goals and objectives therein.
(2) A runaway and homeless youth plan shall be developed in consultation with the municipal youth bureau and the county or city department of social services, shall be in accordance with the regulations of the office of children and family services, shall provide for a coordinated range of services for runaway and homeless youth and their families including preventive, temporary shelter, transportation, counseling, and other necessary assistance, and shall provide for the coordination of all available county resources for runaway and homeless youth and their families including services available through the municipal youth bureau, the county or city department of social services, local boards of education, local drug and alcohol programs and organizations or programs which have past experience dealing with runaway and homeless youth.
(3) In its plan a municipality may:
(i) include provisions for transitional independent living support programs and runaway and homeless youth crisis services programs as provided in article nineteen-H of this chapter;
(ii) authorize services under article nineteen-H of this chapter to be provided to homeless young adults, as such term is defined in section five hundred thirty-two-a of this chapter;
(iii) authorize runaway and homeless youth to be served in accordance with any of the following provisions of this chapter:
(A) paragraphs (a) and (b) of subdivision two of section five hundred thirty-two-b;
(B) paragraph (b) of subdivision one of section five hundred thirty-two-d;
(C) paragraph (c) of subdivision two of section five hundred thirty-two-b;
(D) paragraph (c) of subdivision one of section five hundred thirty-two-d;
(E) to allow a youth under the age of sixteen to be served in a transitional independent living support program pursuant to subparagraph (ii) of paragraph (a) of subdivision one of section five hundred thirty-two-d; and
(iv) if a municipality provides shelter in accordance with items (C), (D) and (E) of clause (iii) of this subparagraph, then such municipality shall, within sixty days, notify the office of children and family services in writing of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. If the office determines that such shelter was inappropriate, the office may instruct the program on how to seek a more suitable alternative living arrangement.
(4) Such plan shall also provide for the designation and duties of the runaway and homeless youth service coordinator defined in section five hundred thirty-two-a of this chapter who is available on a twenty-four hour basis and maintains information concerning available shelter space, transportation and services.
(5) Such plan may include provision for the per diem reimbursement for residential care of runaway and homeless youth in certified residential runaway and homeless youth programs which are authorized agencies.
a-1. Each municipality that does not submit a runaway and homeless youth plan in accordance with paragraph a of this subdivision, shall include within their comprehensive plan submitted pursuant to subdivision one of this section, an assessment of the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services. Provided however, that state aid to provide for runaway and homeless youth services shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in subdivision one of this section.
b. Each municipality shall submit to the office of children and family services such additional information as the office shall require, including but not limited to:
(1) A description of the current runaway and homeless population including their age, place of origin, family status, service needs and eventual disposition;
(2) A description of the public and private resources available to serve runaway and homeless youth within the municipality;
(3) A description of new services to be provided and current services to be expanded.
c. The office of children and family services shall review such plan in accordance with subparagraph two of paragraph c of subdivision one of this section and may approve or disapprove such plan or any part, program, or project within such plan, and may propose such modifications and conditions as deemed appropriate and necessary.
d. (1) Municipalities having an approved runaway and homeless youth plan pursuant to this subdivision shall be entitled to reimbursement by the state for sixty percent of the entire amount of the expenditures for programs contained in such plan as approved by the office of children and family services, after first deducting therefrom any federal or other state funds received or to be received on account thereof. All reimbursement pursuant to this subdivision shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set in subdivision one of this section. A municipality's share of the cost of such programs may be met in part by donated private funds or in-kind services, as defined by the office, provided that such private funding or receipt of services shall not in the aggregate be more than fifty percent of such municipality's share.
(2) Notwithstanding any inconsistent provision of law and subject to funds appropriated separately therefor, a municipality having an approved runaway and homeless youth plan which includes provisions for transitional independent living support programs shall be entitled to reimbursement by the state for sixty percent of the entire amount of the approved expenditures for transitional independent living support programs contained in the plan as approved by the office of children and family services. The municipality's share of the cost of such programs may be met by donated private funds or in-kind services, as defined by the office, provided that such receipt of in-kind services shall not in the aggregate be more than fifty percent of such municipality's share.
3. For the purpose of reimbursement by the state, administrative expenses shall include compensation for personal services paid by a municipality, to any employee for the purpose of administering the benefits provided by this article. No state reimbursement shall be made, however, for such compensation paid to any employee who lacks the qualifications necessary for the work or who, after a trial period, is considered by the commissioner unable to do satisfactory work.
4. Moneys appropriated for use of the commissioner shall be paid out of the state treasury on the certificate of the commissioner or of an officer of the office designated by the commissioner, after audit by and upon the warrant of the comptroller.
5. a. Notwithstanding any other provision of law, the office of children and family services shall plan for the statewide implementation by the thirty-first day of December, two thousand eight, of a county child and family services plan that combines the comprehensive plan required by this section and the multi-year consolidated services plan required by section thirty-four-a of the social services law into a single plan.
b. All counties shall implement a county child and family services plan prior to or for the two thousand eight plan year in accordance with a schedule developed by the office of children and family services and shall continue to implement such a plan thereafter. With the approval of such office, a county may implement a child and family services plan before the date required by such schedule.
c. The office of children and family services may waive any regulatory requirements relating to the content and timing of comprehensive plans that may impede the ability of a county to implement a county child and family services plan.
d. Nothing in this subdivision shall be deemed to affect county planning requirements under the mental hygiene law.
§ 421. Withholding state aid. The office may authorize or require the comptroller to withhold the payment of state aid to any municipality in the event such municipality alters or discontinues without the approval of the office the operation of a plan approved by the office, or fails to adopt or change a plan as recommended by the office, or fails to comply with rules or regulations established by the office, or fails to enforce in a manner satisfactory to the office, laws now in effect or hereafter adopted that relate in any manner to the protection and welfare of youth.
§ 422. Youth bureaus. 1. a. Any city, town or village desiring to establish a local youth bureau may apply to the municipality which such city, town or village is located within, for approval of its plans. The application shall be in writing, specifying the nature of the program, and shall contain such information as the municipality shall require.
b. All local youth bureaus approved by the office of children and family services on or before April first, two thousand thirteen shall be deemed approved local youth bureaus for the purpose of this article.
2. No application for the approval of a local youth bureau shall be considered by the municipality that has not been first approved by the governing body of the city, town or village making the application.
3. The municipality may approve or disapprove the proposed local youth bureau.
4. The approval of a local youth bureau shall authorize the city, town or village to establish, operate and maintain the program and will allow the municipality to distribute to such local youth bureau, state aid received in accordance with subdivision one of section four hundred twenty of this article.
5. Two or more municipalities may join together to establish, operate and maintain a municipal youth bureau and may make and perform agreements in connection therewith. Such agreements shall include provisions for the proportionate cost to be borne by each municipality and for the manner of employment of personnel and may provide that a fiscal officer of one such municipality shall be the custodian of the moneys made available for expenditure for such purposes by all such municipalities and that such fiscal officer may make payments therefrom upon audit of the appropriate auditing body or officer of his or her municipality. In making claims for state aid pursuant to subdivision one of section four hundred twenty of this article, each such municipality shall claim for its proportionate share of the total joint expenditures so made. However, where it is provided that there shall be a disbursing municipality, such disbursing municipality shall claim for the total joint program expenditures so made and shall disburse such state aid to each participating municipality based upon the proportionate share of expenditures so made.
6. Notwithstanding any provision of law, rule or regulation to the contrary, no municipal youth bureau serving one or more municipalities with a total youth population of twenty-five thousand or less shall be required under this article, or for purposes of receiving state aid hereunder, to employ a full time executive director for their respective proposed or approved youth programs, as the case may be.
§ 423. Grants; raising and paying over of local funds. 1. The office, with the approval of the governor, may accept as agent of the state any gift or grant for any of the purposes of this article. Any moneys so received may be expended by the office to effectuate any of the purposes of this article, subject to the same limitations as to approval of project, approval of expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article.
2. A board of education, board of trustees or trustee of a school district may raise, appropriate and pay over to a municipality in which it is in whole or in part located moneys to be expended by such municipality for any purpose authorized by this article. Such a municipality may accept and expend moneys so received only for such purpose. Moneys so appropriated and paid over by a school district shall not be included in computing the amount that should be apportioned to such school district pursuant to article seventy-three of the education law.
§ 424. Report and recommendations. The office shall make an annual report to the governor and legislature which shall include its recommendations and program with respect to the provisions of this article.
§ 425. Interpretation. This article shall be liberally construed in order to effectuate its purpose.
§ 426. Constitutionality. If any clause, sentence, paragraph, section or part of this article shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or section or part thereof directly involved in controversy in which such judgment shall have been rendered.
ARTICLE 19-B STATE BINGO CONTROL COMMISSION
Section 430. Short title.
431. Purpose of article.
432. Definitions.
434. Utilization of other agency assistance.
435. Powers and duties of the commission.
436. Hearings; immunity.
437. Place of investigations and hearings; witnesses; books and documents.
438. Privilege against self-incrimination.
439. Filing and availability of rules and regulations.
439-a. Municipality to file copies of local laws and ordinances; reports.
§ 430. Short title. This article shall be known and may be cited as the bingo control law.
§ 431. Purpose of article. The purpose of this article is to implement section nine of article one of the state constitution, as amended by vote of the people at the general election in November, nineteen hundred fifty-seven. The legislature hereby declares that the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious, civic and patriotic causes and undertakings, where the beneficiaries are indefinite, is in the public interest. It hereby finds that, as conducted prior to the enactment of this article, bingo was the subject of exploitation by professional gamblers, promoters, and commercial interests. It is hereby declared to be the policy of the legislature that all phases of the supervision, licensing and the regulation of bingo and of the conduct of bingo games, should be closely controlled and that the laws and regulations pertaining thereto should be strictly construed and rigidly enforced; that the conduct of the game and all attendant activities should be so regulated and adequate controls so instituted as to discourage commercialization in all its forms, including the rental of commercial premises for bingo games, and to ensure a maximum availability of the net proceeds of bingo exclusively for application to the worthy causes and undertakings specified herein; that the only justification for this article is to foster and support such worthy causes and undertakings, and that the mandate of section nine of article one of the state constitution, as amended, should be carried out by rigid regulation to prevent commercialized gambling, prevent participation by criminal and other undesirable elements and prevent the diversion of funds from the purposes herein authorized.
§ 432. Definitions. As used in this article, the following terms shall have the following meanings:
1. "Control commission" or "commission" shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law.
2. "Municipality" shall mean any city, town or village within this state.
3. "Bingo" or "game" shall mean a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
4. "Authorized organization" shall mean any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have as its dominant purpose or purposes one or more of the lawful purposes as defined in the bingo licensing law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in the bingo licensing law, article fourteen-H of the general municipal law, for a period of one year immediately prior to applying for a license under the licensing law.
5. "Bingo licensing law" shall mean article fourteen-h of the general municipal law.
§ 434. Utilization of other agency assistance. To effectuate the purposes of this article, the governor may authorize any department, division, board, bureau, commission or agency of the state or of or in any political subdivision thereof to provide such facilities, assistance and data as will enable the commission properly to carry out its activities and effectuate its purposes hereunder.
§ 435. Powers and duties of the commission. 1. The commission shall have the power and it shall be its duty to:
(a) Supervise the administration of the bingo licensing law and adopt, amend and repeal rules and regulations governing the issuance and amendment of licenses thereunder and the conducting of games under such licenses, which rules and regulations shall have the force and effect of law and shall be binding upon all municipalities issuing licenses, and upon licensees thereunder and licensees of the commission, to the end that such licenses shall be issued to qualified licensees only and that said games shall be fairly and properly conducted for the purposes and in the manner in the said bingo licensing law prescribed and to prevent the games thereby authorized to be conducted from being conducted for commercial purposes or purposes other than those therein authorized, participated in by criminal or other undesirable elements and the funds derived from the games being diverted from the purposes authorized, and, to provide uniformity in the administration of said law throughout the state, the commission shall prescribe forms of application for licenses, licenses, amendment of licenses, reports of the conduct of games and other matters incident to the administration of such law;
(b) Conduct, anywhere within the state, investigations of the administration, enforcement and potential or actual violations of the bingo licensing law and of the rules and regulations of the commission;
(c) Review all determinations and actions of the municipal governing body in issuing an initial license, and it may review the issuance of subsequent licenses and, after hearing, revoke those licenses which do not in all respects meet the requirements of this article, article fourteen-h of the general municipal law and the rules and regulations of the commission;
(d) Suspend or revoke a license, after hearing, for any violation of the provisions of this article, article fourteen-h of the general municipal law or the rules and regulations of the commission;
(e) Hear appeals from the determinations and action of the municipal governing body in connection with the refusing to issue licenses, the suspension and revocation of licenses and the imposition of fines in the manner prescribed by law and the action and determination of the commission upon any such appeal shall be binding upon the municipal governing body and all parties thereto;
(f) Initiate prosecutions for violations of this article and of the bingo licensing law;
(g) Carry on continuous study of the operation of the bingo licensing law to ascertain from time to time defects therein jeopardizing or threatening to jeopardize the purposes of this article, and to formulate and recommend changes in such law and in other laws of the state which the commission may determine to be necessary for the realization of such purposes, and to the same end to make a continuous study of the operation and administration of similar laws which may be in effect in other states of the United States.
(h) Supervise the disposition of all funds derived from the conduct of bingo by authorized organizations not currently licensed to conduct such games;
(i) Issue an identification number to an applicant authorized organization if it shall determine that the applicant satisfies the requirements of the bingo licensing law and the rules and regulations.
2. (a) The commission shall have the power to issue or, after hearing, refuse to issue a license permitting a person, firm or corporation to sell or distribute to any other person, firm or corporation engaged in business as a wholesaler, jobber, distributor or retailer of all cards, boards, sheets, pads and all other supplies, devices and equipment designed for use in the play of bingo by an organization duly licensed to conduct bingo games or to sell or distribute any such materials directly to such an organization. For the purposes of this section the words "sell or distribute" shall include, but shall not be limited to, the following activities; offering for sale, receiving, handling, maintaining, storing the same on behalf of such an organization, distributing or providing the same to such an organization, and offering for sale or lease bingo devices and equipment. Each such license shall be valid for one year.
(b) No person, firm or corporation, other than an organization that is or has been during the preceding twelve months duly licensed to conduct bingo games, shall sell or distribute bingo supplies or equipment without having first obtained a license therefor upon a written or electronic application made, verified and filed with the commission in the form prescribed by the rules and regulations of the commission. As a part of its determination concerning the applicant's suitability for licensing as a bingo supplier, the commission shall require the applicant to furnish to such board two sets of fingerprints. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the education law, and may be submitted to the federal bureau of investigation for a national criminal history record check. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale or distribution of bingo supplies and equipment to duly licensed organizations during the last preceding calendar or fiscal year, and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be a sum equal to twenty-five dollars plus an amount based upon the gross sales, if any, of bingo equipment and supplies to authorized organizations by the applicant during the preceding calendar year, or fiscal year if the applicant maintains his or her accounts on a fiscal year basis, and determined in accordance with the following schedule:
gross sales of $1,000 to $4,999................$10.00
gross sales of $5,000 to $19,999...............$50.00
gross sales of $20,000 to $49,999.............$200.00
gross sales of $50,000 to $100,000............$500.00
gross sales in excess of $100,000...........$1,000.00
(c) The following shall be ineligible for such a license:
(1) a person convicted of a crime if there is a direct relationship between one or more of the previous criminal offenses and the integrity and safety of bingo, considering the factors set forth in article twenty-three-A of the correction law;
(2) a person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;
(3) a public officer or employee;
(4) an operator or proprietor of a commercial hall duly licensed under the bingo licensing law;
(5) a firm or corporation in which a person defined in clause (1), (2), (3) or (4) of this paragraph, or a person married or related in the first degree to such a person, has greater than a ten percent proprietary, equitable or credit interest or in which such a person is active or employed.
(d) The control commission shall have power to examine or cause to be examined the books and records of any applicant for a license, or any licensee, under this section. Any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this article and article fourteen-h of the general municipal law.
(e) Any solicitation of an organization licensed to conduct bingo games, to purchase or induce the purchase of bingo supplies and equipment, or any representation, statement or inquiry designed or reasonably tending to influence such an organization to purchase the same, other than by a person licensed or otherwise authorized pursuant to this section shall constitute a violation of this section.
(f) Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this article or who willfully shall violate any of the provisions of this section or of any license issued hereunder shall be guilty of a misdemeanor and, in addition to the penalties in such case made and provided, shall forfeit any license issued to him or it under this section and be ineligible to apply for a license under this section for one year thereafter.
(g) At the end of the license period, a recapitulation shall be made as between the licensee and the commission in respect of the gross sales actually recorded during the license period and the fee paid therefor, and any deficiency of fee thereby shown to be due shall be paid by the licensee and any excess of fee thereby shown to have been paid shall be credited to said licensee in such manner as the commission by the rules and regulations shall prescribe.
3. The commission shall have the power to approve and establish a standard set of bingo cards comprising a consecutively numbered series and shall by its rules and regulations prescribe the manner in which such cards are to be reproduced and distributed to licensed authorized organizations. The sale or distribution to a licensed authorized organization of any card or cards other than those contained in the standard set of bingo cards shall constitute a violation of this section. Licensed authorized organizations shall not be required to use nor to maintain such cards seriatim excepting that the same may be required in the conduct of limited period bingo games.
§ 436. Hearings; immunity. 1. A hearing upon any investigation or review authorized by this article or by article fourteen-h of the general municipal law may be conducted by two or more members of the commission or by a hearing officer duly designated by the commission, as the commission shall determine.
2. A person who has violated any provision of this article or article fourteen-h of the general municipal law, or of the rules and regulations of the commission, or any term of any license issued under said articles or said rules and regulations, is a competent witness against another person so charged. In any hearing upon any investigation or review authorized by this article or article fourteen-h of the general municipal law, for or relating to a violation of any provision of said articles or of the rules and regulations of the commission or of the term of any such license, the commission, may confer immunity upon such witness in accordance with the provisions of section 50.20 of the criminal procedure law. Such immunity shall be conferred only upon the vote of at least three members of the commission, and only after affording the attorney general and the appropriate district attorney a reasonable opportunity to be heard with respect to any objections which they or either of them may have to the granting of such immunity.
§ 437. Place of investigations and hearings; witnesses; books and documents. The commission may conduct investigations and hearings within or without the state and shall have power to compel the attendance of witnesses, the production of books, records, documents and other evidence by the issuance of a subpoena signed by a member of the commission.
§ 438. Privilege against self-incrimination. The willful refusal to answer a material question or the assertion of privilege against self-incrimination during a hearing upon any investigation or review authorized by this article or by article fourteen-h of the general municipal law by any licensee or any person identified with any licensee as an officer, director, stockholder, partner, member, employee or agent thereof shall constitute sufficient cause for the revocation or suspension of any license issued under this article or under the licensing law, as the commission or as the municipal governing body may determine.
§ 439. Filing and availability of rules and regulations. A copy of every rule and regulation adopted and promulgated by the commission shall be filed in the office of the secretary of state before it shall become effective and copies thereof shall be made available to the various municipalities operating under the bingo licensing law.
§ 439-a. Municipality to file copies of local laws and ordinances; reports. Each municipality in which the bingo licensing law shall be adopted shall file with the commission a copy of each local law or ordinance enacted pursuant thereto within ten days after the same has been approved by a majority of the electors voting on a proposition submitted at a general or special election, or within ten days after the same has been amended or repealed by the common council or other local legislative body, and on or before February first of each year, and at any other time or times which the commission may determine, make a report to the commission of the number of licenses issued therein under the bingo licensing law, the names and addresses of the licensees, the aggregate amount of license fees collected, the names and addresses of all persons detected of violating the bingo licensing law, this law or the rules and regulations adopted by the commission pursuant hereto, and of all persons prosecuted for such violations and the result of each such prosecution, the penalties imposed therein during the preceding calendar year, or the period for which the report is required, which report may contain any recommendations for improvement of the bingo licensing law or the administration thereof which the governing body of the municipality shall deem to be desirable.
ARTICLE 19-F RURAL AFFAIRS ACT
Section 480. Declaration of purpose.
481. Definitions.
482. State office of rural affairs.
483. General functions, powers and duties.
484. Assistance of other state agencies.
485. Functions, powers and duties of other departments and state agencies.
486. Comprehensive grant information.
487. Implementation of services.
488. Participation of federal and local agencies, individuals and corporations.
489. Temporary assignment or permanent transfer of personnel.
490. Reports to the governor and the legislature.
491. Contract authority.
§ 480. Declaration of purpose. The legislature finds and determines that:
1. The public perception of the state's rural regions has been characterized by inaccurate awareness or understanding; therefore many existing laws, regulations, policies and programs have not completely addressed the real needs of people living within the state's rural environs.
2. The state's rural territory is vast in size, exceptionally diverse, possesses abundant natural and cultural resources, and, together with its economic, human and community resources, contributes greatly to the quality and maintenance of life of all people of the state, and hence to a healthier, more prosperous state.
3. The state's rural areas are decentralized and unique; their enhancement and protection require special attention in order to effectively address distinct rural conditions, needs, and strengths.
4. Improvement in the well-being of individuals and families in the state's rural areas has, in many instances, been unbalanced, and characterized by a growing inequality or relative deprivation. Additionally, such indispensable community needs as transportation; housing; public facilities; business and industry; education and culture; governmental and environmental management; health and human services; require further study and state action if proper responses to unique rural needs are to be developed.
5. The state has demonstrated sensitivity to the needs of rural localities and has attempted to preserve the viability and quality of life in rural areas. Such commitments to rural preservation and development have to be continued and broadened to encompass a wide range of rural endeavors.
6. Federal, state, and local resources and individual effort available to address rural needs are often isolated and limited to individual symptoms of blight and deterioration. Related programs are frequently inaccessible to rural residents they are designed to serve. The placement of such programs within the various organizational structures is indistinct and many rural localities have inadequate numbers of managerial, professional or technical personnel to pursue such assistance. Additionally, many public and private agencies also lack adequate staffing to adapt programs and services to the special needs and requirements of rural citizens and their environs. This situation has contributed to a growing confusion and disintegrating force that discourages coordinated individual policy and program development and delivery of services intended to address the needs of rural localities and citizens. Consequently, the energies and resources of the many individual federal, state, and local, and public and private initiatives that could help answer rural needs and capitalize on the strengths of rural areas, are often frustrated or diminished in their effect.
7. An important role and challenge for state government, therefore, is to get diverse groups to work together for the betterment of rural New York, and to combine their efforts in imaginative ways to the end that all regions of the state may always offer the highest possible quality of life, cultural and material standards of living, without sacrificing individual freedom or responsibility. The legislature believes that such individual efforts can be significantly enhanced, and support and sustain each other in the public interest; and many useful and innovative responses to rural needs will be possible, if a more focused and coordinated interdisciplinary approach for addressing rural problems and opportunities is made available through state government.
8. The development of proper responses to rural needs, including the capability to anticipate and respond to individual needs on a broad scale, would also be promoted if a more sharply defined rural affairs avenue within state government was made available to policymakers. Specifically, the legislature seeks to amplify the efforts of existing agencies and individuals who are interested in such rural policy areas as human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing, and community revitalization; local government and management.
9. No permanent state agency has been specifically created, empowered and funded to promote, harmonize or assist such efforts of existing agencies and individuals that address the unique needs, conditions, and strengths of rural areas of the state. It is, therefore, the intent of the legislature to create a state office of rural affairs. The agency shall serve as a one-stop contact point for rural governments, service providers, state and federal agencies, and for individuals interested in rural policies and programs of the state; and strive to promote cooperative and integrated efforts among such agencies and programs that are designed to address rural needs; and shall recommend to the governor and the legislature the suitable use of policies, programs, long-range plans, laws and regulatory mechanisms in order to meet such needs.
§ 481. Definitions. When used in this article:
1. "Office" means the state office of rural affairs created by this article.
2. "Director" means the chief administrative officer of the state office of rural affairs.
3. "State agency" means any department, office, council, or agency of the state, or any public benefit corporation or authority authorized by the laws of the state.
4. "Federal agency" means any department, office, council, or agency of the federal government, or any public benefit corporation or authority authorized by federal statute.
5. "Local agency" means any municipality, or office or department thereof or not-for-profit organization created for the purposes of enhancing the quality of life and revitalization of rural areas.
6. "Municipality" means any county, city, town, village, or school district.
7. "Rural areas" means counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, "rural areas" means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein.
8. "Rural development and revitalization" shall mean those policies, programs, laws, regulations, or other matters having to do with rural areas including, but not limited to, human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing; and local government services and management.
§ 482. State office of rural affairs. 1. There is hereby created in the executive department an office of rural affairs. The head of the office shall be the director of rural affairs who shall be appointed by the governor, with the advice and consent of the senate, and who shall hold office at the pleasure of the governor. The director shall receive an annual salary to be fixed by the governor within the amount available therefor by appropriation. He shall also be entitled to receive reimbursement for expenses actually and necessarily incurred by him in the performance of his duties. The director may appoint such officers and employees, agents, consultants, and special committees as he or she may deem necessary, prescribe their duties, fix their compensation and provide for reimbursement of their expenses within amounts available therefor by appropriation.
2. The director shall prepare and submit annually, on or before February first, a comprehensive report, pursuant to section four hundred ninety of this article.
3. The governor shall direct that all state agencies provide the director with assistance in advancing the purpose of the office and to assure that the activities of the office are fully coordinated with the activities of state agencies providing related services.
§ 483. General functions, powers and duties. The state office of rural affairs by and through the director or his duly authorized officers and employees, shall have the following functions, powers and duties:
1. To serve as a clearinghouse and provide comprehensive information relating to rural development and revitalization upon request to any agency, individual or corporation.
2. To advise and assist agencies, individuals and corporations in answering particular rural revitalization and development needs; including cooperative efforts among such agencies, individuals, and corporations to solve common problems or provide services in rural areas.
3. To receive notification from all state and federal agencies, individuals or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures. The office shall maintain a listing of existing programs and advise local agencies, individuals or corporations of their existence.
4. To assist, upon request, applicant local agencies, individuals or corporations located in rural areas in obtaining timely and efficient responses from state and federal agencies; to assist such applicants in consideration of alternative program grant strategies; to assist state and federal agencies in cooperative approaches to address the needs of such applicants; and to provide technical assistance to agencies in formulating and implementing rural development and revitalization programs.
5. To review application procedures formulated by state agencies and to recommend improvements designed to increase the cost-effectiveness of such procedures for rural revitalization and development efforts; and to enhance the probability such procedures will benefit rural areas.
6. To encourage the assistance of the private sector in effectuating rural development and revitalization.
7. To provide legal consultation concerning local government matters to officials of municipalities located in rural areas on a wide range of problems and programs, including the exercise of home rule powers, reapportionment of local legislative bodies, drafting and revising of local laws including charters, and drafting and implementing of municipal cooperation agreements. All such assistance shall be advisory in nature, and shall not include the actual drafting of final legal documents or the provision of actual legal representation.
8. To assist the governor and the legislature in the integration and formulation of state rural development and revitalization policy and long-range plans for rural areas and in answering needs related thereto.
9. To facilitate efforts of local agencies, individuals and corporations in developing cooperative responses to rural needs. Personnel of the office shall be available to participate in an advisory capacity at local meetings exploring such cooperative agreements; and shall assist in the identification of appropriate state agencies and personnel who may be instrumental in facilitating such efforts.
10. To provide legal advice and assistance concerning rural development and revitalization matters to officials of the executive department and the legislature; and to analyze and make recommendations concerning proposed new state legislation or programs that may affect rural areas.
11. To apply for and receive, consistent with appropriation, notification, and approval requirements of the state finance law, grants or financial assistance from the federal government or other approved agencies, individuals or corporations.
12. To adopt such rules and regulations, procedures, instructions, and forms as are required to carry out the functions, powers and duties imposed upon the office by this article.
13. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with local rural agencies, individuals and corporations in order to provide more effective service to them and to simplify state procedures relating thereto.
14. To keep the governor informed about the problems and needs of agencies, individuals and corporations that are involved with rural development and revitalization; and to assist in formulating policies with respect thereto and utilizing the resources of the executive branch of the state government for the benefit of rural areas.
15. To refer local agencies, individuals and corporations to the appropriate departments and agencies of the state and federal governments for advice, assistance, and available services in connection with particular rural development and revitalization problems or needs.
16. To develop pilot programs or projects and make studies and analyses of the problems or needs of rural areas and to make the results thereof available for the benefit of such agencies as the director may deem appropriate.
17. To encourage the expansion and improvement of in-service training opportunities and to make information available to officials of local agencies in rural areas on matters pertaining to rural development and revitalization.
18. To consult with and cooperate with agencies and officers, organizations, groups, and individuals representing rural areas or doing rural development and revitalization in such manner as the director may determine will effectively carry out the functions, powers, and duties of the office.
19. To do all things necessary or convenient to carry out the functions, powers, and duties expressly set forth in this section.
§ 484. Assistance of other state agencies. To effectuate the purposes of this article, the director may request and shall be entitled to receive from any state agency, and the same are authorized to provide, such assistance, service, facilities, and data as will enable the office to carry out its functions, powers and duties, and such temporarily or permanently assigned personnel as the director of the budget may approve.
§ 485. Functions, powers and duties of other departments and state agencies. Nothing contained in this article shall be deemed to derogate or detract in any way from the functions, powers, or duties prescribed by law of any other department of the state or to interrupt or preclude the direct relationship of any such department or agency with local agencies, individuals or corporations for the carrying out of such functions, powers or duties.
§ 486. Comprehensive grant information. 1. The office shall request such specific information as the director determines to be necessary concerning assistance programs and grants administered by federal, state and local agencies, individuals and corporations designed to enhance rural areas. Such information shall be used to advise local agencies, individuals or corporations for the purpose of promoting coordination in program or grant efforts wherever feasible or proper.
2. Any applicant requesting program grants or assistance in order to address rural development and revitalization needs, conditions or strengths in rural areas may, pursuant to the rules of the director, confer with the office to obtain assistance in the prompt and efficient processing and review of applications.
3. The office shall, so far as possible, render such assistance; and the director may designate an officer or employee of the office to act as an expeditor for the purpose of:
(a) Facilitating contacts for the applicant with state, federal, or local agencies, individuals or corporations responsible for processing and reviewing grant applications;
(b) Arranging conferences to clarify the interest and requirements of any such agency, individual or corporation with respect to grant applications;
(c) Considering with the agency, individual or corporation the feasibility of consolidating hearings and data required of the applicant;
(d) Assisting the applicant in the resolution of outstanding issues identified by the agency, individual or corporation, including delays experienced in application review; and
(e) Coordinating federal, state and local grant application review actions and assistance programs to the extent practicable.
§ 487. Implementation of services. 1. Services rendered by this office shall be made available without charge, provided that nothing contained herein shall relieve an applicant of any part of existing fees or charges established for the review and approval of grant applications by agencies, individuals or corporations.
2. Each state agency involved in the administration of a program grant or technical assistance effort designed to address rural development and revitalization needs in rural areas shall designate an officer or employee to act as program liaison officer to cooperate with and assist the office in carrying out the provisions of this article.
§ 488. Participation of federal and local agencies, individuals and corporations. 1. Federal and local agencies, individuals and corporations involved in the administration of a program grant or technical assistance effort for rural development and revitalization, shall be encouraged to participate in the assistance services of the office and to make information available to applicants through the office with respect to any related program, undertaking, project, or activity which is referred to the office under the provisions of this article.
2. The director shall consult with and seek assistance from officials of federal and local agencies or corporations with respect to coordinating assistance programs for rural areas and shall recommend to the governor and the legislature any policies or programs which would facilitate such coordination.
§ 489. Temporary assignment or permanent transfer of personnel. The director, in consultation with the head of the state agency involved and with the approval of the director of the budget, may provide for the temporary or permanent assignment or transfer of officers and employees of state agencies to the office. Employees permanently transferred shall be transferred without further examination or qualification and shall retain their respective civil service classification and status. Any employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. No existing right or benefit, including retirement benefits or remedy of any character, shall be lost, impaired or affected by reason of this article. The director of the budget shall be responsible for timely notification of all such assignments and transfers to the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Transfer of employees pursuant to this article shall be governed solely and exclusively by the provisions hereof notwithstanding other provisions of the law.
§ 490. Reports to the governor and the legislature. The office shall hereafter make an annual report, to be received on or before February first, to the governor and the legislature concerning the assistance activities undertaken by the office, recommendations for legislative proposals, data concerning program activities in rural areas and other pertinent information which, in the opinion of the director, will indicate the activities conducted by the office in the previous year.
§ 491. Contract authority. The office is hereby empowered to enter into any agreement or contract with any private or public agencies, corporations or individuals necessary or convenient to carry out the provisions of this article.
ARTICLE 21-A EMERGENCY SERVICES COUNCIL
Section 580. Emergency services council.
§ 580. Emergency services council. 1. Creation; members. There is hereby created in the department of state an emergency services council, the members of which shall be the directors of the office of fire prevention and control, the bureau of emergency medical services and the state emergency management office, the superintendent of state police, the commissioner of health, the secretary of state, the director of the state office for the aging and the director of state operations who shall be the chairperson unless otherwise appointed by the governor. There shall also be two representatives appointed by the state emergency medical services council, one of whom shall be a representative of volunteer ambulance service and one of whom shall be a representative of proprietary ambulance service; two representatives appointed by the fire advisory board, one of which shall be representative of volunteer fire service and one of which shall be representative of paid fire service; one representative shall be appointed by the disaster preparedness commission; one physician shall be appointed by the state emergency medical advisory committee; one appointment shall be made by the governor; one appointment shall be made by the temporary president of the senate; and one appointment shall be made by the speaker of the assembly.
2. The role of the council shall be advisory. The purposes of the council shall be to develop and coordinate state emergency services, make recommendations on emergency services policy, and eliminate unnecessary duplication of effort in such a way as to ensure the provision of efficient and effective delivery of such services. The council shall adopt a mission statement consistent with the intent of this legislation and which shall affirm the council's commitment to fostering improved communication, coordination and cooperation among law enforcement, fire protection, emergency medical services and disaster preparedness agencies.
3. Powers and duties. The members of the council shall receive no compensation for their services but shall be allowed actual and necessary expenses incurred in the performance of their duties. The council may request and shall receive from any department, board, bureau, commission, office, agency or other instrumentality of the state, such facilities, assistance and data as it deems necessary or desirable for the proper execution of its powers and duties. The council shall meet at least quarterly and report annually no later then September thirtieth of each year. However should the need arise the council may submit incremental reports as deemed necessary. Such reports shall be submitted to the governor, the temporary president of the senate, the chairperson of the senate finance committee, the speaker of the assembly, and the chairperson of the assembly ways and means committee. The council shall have the power to hold public hearings and solicit testimony on any matter it deems relative to carrying out its mission. The council shall have the power to make non-binding recommendations concerning existing and/or future policy, rules and regulations and have the ability to take up for consideration recommendations submitted by either public or private entities. The council may have the ability to advise the governor, legislature, state agencies and entities, and localities on issues relating to and effecting the coordination and enhancement of emergency response, and public health and safety. Nothing in this section shall be deemed to supersede any established authority, duty and power established by local law, state law or regulation, or otherwise granted to any agency, body or entity.
ARTICLE 22 OFFICE OF VICTIM SERVICES
Section 620. Declaration of policy and legislative intent.
621. Definitions.
622. Office of victim services.
623. Powers and duties of the office.
624. Eligibility.
625. Filing of claims.
625-a. Information relative to claims; application forms.
625-b. Standardized victim notification and verification procedures for police officers.
626. Out-of-pocket loss; definition.
627. Determination of claims.
629. Judicial review.
630. Emergency awards.
631. Awards.
631-a. Crime victim service programs.
632. Manner of payment.
632-a. Crime victims.
633. Confidentiality of records.
634. Subrogation.
635. Severability of provisions.
636. Community violence intervention act.
§ 620. Declaration of policy and legislative intent. The legislature recognizes that many innocent persons suffer personal physical injury or death as a result of criminal acts. Such persons or their dependents may thereby suffer disability, incur financial hardships, or become dependent upon public assistance. The legislature finds and determines that there is a need for government financial assistance for such victims of crime. Accordingly, it is the legislature's intent that aid, care and support be provided by the state, as a matter of grace, for such victims of crime.
§ 621. Definitions. For the purposes of this article:
1. "Office" shall mean the office of victim services.
2. "Claimant" shall mean the person filing a claim pursuant to this article.
3. "Crime" shall mean (a) an act committed in New York state which would, if committed by a mentally competent criminally responsible adult, who has no legal exemption or defense, constitute a crime as defined in and proscribed by law; or
(b) an act committed outside the state of New York against a resident of the state of New York which would be compensable had it occurred within the state of New York and which occurred in a state which does not have an eligible crime victim compensation program as such term is defined in the federal victims of crime act of 1984; or
(c) an act of terrorism, as defined in section 2331 of title 18, United States Code, committed outside of the United States against a resident of New York state.
4. "Family", when used with reference to a person, shall mean (a) any person related to such person within the third degree of consanguinity or affinity, (b) any person maintaining a sexual relationship with such person, or (c) any person residing in the same household with such person.
5. "Victim" shall mean (a) a person who suffers personal physical injury as a direct result of a crime; (b) a person who is the victim of either the crime of (1) unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, (2) kidnapping in the second degree as defined in section 135.20 of the penal law, (3) kidnapping in the first degree as defined in section 135.25 of the penal law, (4) menacing in the first degree as defined in section 120.13 of the penal law, (5) criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, (6) harassment in the second degree as defined in section 240.26 of the penal law, (7) harassment in the first degree as defined in section 240.25 of the penal law, (8) aggravated harassment in the second degree as defined in subdivision three or five of section 240.30 of the penal law, (9) aggravated harassment in the first degree as defined in subdivision two of section 240.31 of the penal law, (10) criminal contempt in the first degree as defined in subdivision (b) or subdivision (c) of section 215.51 of the penal law, (11) stalking in the fourth, third, second or first degree as defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, (12) labor trafficking as defined in section 135.35 of the penal law, (13) sex trafficking as defined in section 230.34 of the penal law; or (14) sex trafficking of a child as defined in section 230.34-a of the penal law; a vulnerable elderly person or an incompetent or physically disabled person as defined in section 260.31 of the penal law who incurs a loss of savings as defined in subdivision twenty-four of this section; or a person who has had a frivolous lawsuit filed against them.
6. "Representative" shall mean one who represents or stands in the place of another person, including but not limited to an agent, an assignee, an attorney, a guardian, a committee, a conservator, a partner, a receiver, an administrator, an executor or an heir of another person, or a parent of a minor.
7. "Good samaritan" shall mean a person who, other than a law enforcement officer, acts in good faith (a) to apprehend a person who has committed a crime in his presence or who has in fact committed a felony, (b) to prevent a crime or an attempted crime from occurring, or (c) to aid a law enforcement officer in effecting an arrest.
8. "Essential personal property" shall mean articles of personal property necessary and essential to the health, welfare or safety of the victim.
9. "Elderly victim" shall mean a person sixty years of age or older who suffers loss, or damage as a direct result of a crime.
10. "Disabled victim" shall mean a person who has (a) physical, mental or medical impairment from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.
11. For purposes of this article "child victim" shall mean a person less than eighteen years of age who suffers physical, mental or emotional injury, or loss or damage, as a direct result of a crime or any violation listed in subdivision twelve of section six hundred thirty-one of this article, or as a result of witnessing a crime or any violation listed in subdivision twelve of section six hundred thirty-one of this article.
12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual who committed a crime against the victim of the crime, found to be frivolous, meritless and commenced to harass, intimidate or menace the victim by a court and costs were imposed upon the plaintiff pursuant to section eighty-three hundred three-a of the civil practice law and rules.
13. "Crime scene cleanup" shall mean removing, or attempting to remove from the crime scene, blood, dirt, stains, debris, odors, or other impurities caused by the crime or the processing of the crime scene and the repair or replacement of permanent fixtures and floor coverings, soiled, damaged, or rendered unusable or uncleanable by the crime, the processing of the crime scene, or by being taken into evidence.
14. "Securing a crime scene" shall mean taking immediate, emergency steps to return the residence where the crime occurred to the level of safety present prior to the crime. It shall include, but not be limited to, the repair or replacement of doors, windows, screens and locks or other points of entry damaged or rendered unusable by the crime.
15. "Livery" shall mean a for-hire vehicle duly licensed by the appropriate local licensing authority, designed to carry no more than five passengers for direct cash payment by such passenger and which is affiliated with a livery car base. The term "livery" shall not include a vehicle driven by a "black car operator", as defined in section one hundred sixty-cc of this chapter.
16. "Livery car base" shall mean a central facility, wherever located, that dispatches the livery operator to both pick-up and discharge passengers in the state.
17. "Livery operator" shall mean the registered owner of a livery, or a driver designated by such registered owner to operate the registered owner's livery as the registered owner's authorized designee, whose status as a livery operator victim arose out of and in the course of providing services while affiliated with a livery car base. The term "livery operator" shall not include a "black car operator", as defined in section one hundred sixty-cc of this chapter.
18. "Livery operator victim" shall mean a livery operator homicide victim or a livery operator assault victim.
19. "Livery operator assault victim" shall mean a livery operator who is the victim of a violent felony offense, as defined in subdivision one of section 70.02 of the penal law, which offense directly results in a serious physical injury, as defined in subdivision ten of section 10.00 of the penal law.
20. "Livery operator homicide victim" shall mean a livery operator who is the victim of a homicide, as defined in article one hundred twenty-five of the penal law.
21. "Local licensing authority" shall mean the governmental agency in the state, if any, that is authorized to license a livery and/or a livery car base.
22. "Financial counselling" shall mean financial services provided by an experienced financial counsellor or adviser which may include, but are not limited to: analysis of a victim's financial situation such as income producing capacity and crime related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance and other benefits, assistance in completing the financial aspects of victim impact statements, and assistance in settling estates and handling guardianship matters.
23. "Relocation expenses" shall mean the cost of relocating a crime victim, when relocation is necessary for the health or safety of the victim. An award for relocation expenses of a victim shall include the reasonable cost of moving and transportation expenses for (a) the victim, which may include the relocation expenses of their spouse and any other person dependent for his or her principal support upon the victim or spouse who lives in the same residence as the victim, or (b) if the victim is a child victim eligible for such an award pursuant to this article, the child victim, which may include the relocation expenses of their parent, stepparent, guardian and any other person dependent for his or her principal support upon such parent, stepparent, and guardian who lives in the same residence as the child victim.
24. "Loss of savings" shall mean the result of any act or series of acts of larceny as defined in article one hundred fifty-five of the penal law, indicated by a criminal justice agency as defined in subdivision one of section six hundred thirty-one of this article, in which cash is stolen from a vulnerable elderly person or an incompetent or physically disabled person as defined in section 260.31 of the penal law.
* 25. "Domestic partner" shall mean a person who, with respect to another person:
(a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be a domestic partner including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become a domestic partner under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons.
Each party to a domestic partnership shall be considered to be the domestic partner of the other party. "Domestic partner" shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner" also shall not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood in a manner that would bar marriage in New York state to a person who is the lawful spouse of the other person.
* NB There are 2 sb 25's
* 25. "Employment-related transportation expenses" shall mean the costs in excess of those normally expended by a victim to get to and from their places of employment, due to the personal physical injuries sustained as a direct result of the crime upon which the claim is based. If required by law, such places of employment shall be reported to the appropriate taxing authority. Such costs shall not include the purchase, lease or rental of a vehicle.
* NB There are 2 sb 25's
§ 622. Office of victim services. There is hereby created in the executive department the office of victim services, hereinafter in this article referred to as the "office". The office shall be headed by a director, who shall be appointed by the governor for a term of three years. The director shall coordinate and recommend policy relating to the provision of services to crime victims. The director shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
§ 623. Powers and duties of the office. The office shall have the following powers and duties:
1. To establish and maintain a principal office and such other offices within the state as it may deem necessary.
2. To appoint a secretary, counsel, clerks and such other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
3. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this article, including rules for the determination of claims, rules for the approval of attorneys' fees for representation before the office and/or before the appellate division upon judicial review as provided for in section six hundred twenty-nine of this article, rules for the definition and reasonable reimbursement of individual items of essential personal property considered essential and necessary for the victim's welfare pursuant to section six hundred thirty-one of this article, and rules for the authorization of qualified persons to assist claimants in the preparation of claims for presentation to the office.
4. To request from the division of state police, from county or municipal police departments and agencies and from any other state or municipal department or agency, or public authority, and the same are hereby authorized to provide, such assistance and data as will enable the office to carry out its functions and duties.
5. To hear and determine all claims for awards filed with the office pursuant to this article, and to reinvestigate or reopen cases as necessary.
6. To direct medical examination of victims.
7. To hold hearings, administer oaths or affirmations, examine any person under oath or affirmation and to issue subpoenas requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subdivision may be delegated by the director to any member or employee of the office. A subpoena issued under this subdivision shall be regulated by the civil practice law and rules.
8. To take or cause to be taken affidavits or depositions within or without the state.
9. To establish and maintain a special investigative unit to expedite processing of claims by senior citizens and special emergency situations, and to promote, in consultation with the office for the aging, the establishment of a volunteer program of home visitation to elderly and invalid victims of violent crime.
10. To advise and assist the governor in developing policies designed to recognize the legitimate rights, needs and interests of crime victims.
11. To coordinate state programs and activities relating to crime victims.
12. To cooperate with and assist political subdivisions of the state and not-for-profit organizations in the development of local programs for crime victims.
13. To study the operation of laws and procedures affecting crime victims and recommend to the governor and legislature proposals to improve the administration and effectiveness of such laws.
14. To establish an advisory council to assist in formulation of policies on the problems of crime victims and to provide recommendations to the director to improve the delivery of services to victims by the office.
15. To work with national associations, statewide coalitions, regional coalitions, victim service providers, and other advocates to address and advance the rights and interests of crime victims of the state.
16. To promote and conduct studies, research, analyses and investigations of matters affecting the interests of crime victims.
17. To coordinate training opportunities for crime victim advocates and service providers.
18. To serve as a clearinghouse for information relating to crime victims' problems and programs.
19. To accept, with the approval of the governor, as agent of the state, any grant including federal grants, any fines or penalties imposed pursuant to section three hundred forty-one or three hundred forty-two-a of the general business law and made payable to the office pursuant to section three hundred forty-seven-a of such law, or any gift for the purposes of this article. Any monies so received may be expended by the office to effectuate any purpose of this article, subject to the applicable provisions of the state finance law.
20. To render each year to the governor and to the legislature, on or before December first of each year, a written report on the office's activities including, but not limited to, specific information on each of the subdivisions of this section. Such report shall also include but not be limited to information regarding crime victim service programs, including:
(1) the programs funded by the office;
(2) other sources of funding for crime victims service programs;
(3) an assessment of the adequacy of the current level of appropriation to the office to meet the reasonable needs of crime victims service programs for funding under section six hundred thirty-one-a of this article; and
(4) an estimate of the reasonable needs of programs in the next fiscal year.
21. To render biennially to the governor and the legislature a written report on the manner in which the rights, needs and interests of crime victims are being addressed by the state's criminal justice system to include, but not be limited to:
(a) Information transmitted by the state office of probation and correctional alternatives under subdivision five of section 390.30 of the criminal procedure law and subdivision seven of section 351.1 of the family court act which the board shall compile, review and make recommendations on how to promote the use of restitution and encourage its enforcement.
(b) Information relating to the implementation of and compliance with article twenty-three of this chapter by the criminal justice agencies and the "crime victim-related agencies" of the state.
22. To make grants to local crime victim service programs and carry out related duties under section six hundred thirty-one-a of this article.
23. To delegate to specified employees of the office the power to disallow claims under circumstances where regulations of the office provide for disallowance without prejudice to the reopening of claims.
§ 624. Eligibility. 1. Except as provided in subdivision two of this section, the following persons shall be eligible for awards pursuant to this article:
(a) a victim of a crime;
(b) a surviving spouse, domestic partner, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child, stepchild or grandchild of a victim of a crime who died as a direct result of such crime;
(c) any other person dependent for his principal support upon a victim of a crime who died as a direct result of such crime;
(d) any person or business represented by a person who has paid for or incurred the burial expenses of a victim who died as a direct result of such crime, except such person shall not be eligible to receive an award for other than burial expenses unless otherwise eligible under paragraph (a), (b) or (c) of this subdivision;
(e) an elderly victim of a crime;
(f) a disabled victim of a crime;
(g) a child victim of a crime;
(h) a parent, stepparent, grandparent, guardian, brother, sister, stepbrother or stepsister of a child victim of a crime;
(i) a surviving spouse of a crime victim who died from causes not directly related to the crime when such victim died prior to filing a claim with the office or subsequent to filing a claim but prior to the rendering of a decision by the office. Such award shall be limited to out-of-pocket loss incurred as a direct result of the crime; and
(j) a spouse, child or stepchild of a victim of a crime who has sustained personal physical injury as a direct result of a crime.
(k) a surviving spouse, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child, stepchild, or grandchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim.
2. A person who is criminally responsible for the crime upon which a claim is based or an accomplice of such person shall not be eligible to receive an award with respect to such claim. A member of the family of a person criminally responsible for the crime upon which a claim is based or a member of the family of an accomplice of such person, shall be eligible to receive an award, unless the office determines pursuant to regulations promulgated to carry out the provisions and purposes of this article, that the person criminally responsible will receive substantial economic benefit or unjust enrichment from the compensation. In such circumstances the award may be reduced or structured in such way as to remove the substantial economic benefit or unjust enrichment to such person or the claim may be denied.
§ 625. Filing of claims. 1. A claim may be filed by a person eligible to receive an award, as provided in section six hundred twenty-four of this article, or, if such person is under the age of eighteen years, an incompetent, or a conservatee, by his relative, guardian, committee, conservator, or attorney.
2. A claim must be filed by the claimant not later than one year after the occurrence or discovery of the crime upon which such claim is based, one year after a court finds a lawsuit to be frivolous, or not later than one year after the death of the victim, provided, however, that upon good cause shown, the office may extend the time for filing. The office shall extend the time for filing where the claimant received no notice pursuant to section six hundred twenty-five-a of this article and had no knowledge of eligibility pursuant to section six hundred twenty-four of this article.
3. Claims shall be filed in person, by mail or electronically, in such manner as the office may prescribe. The office shall accept for filing all claims submitted by persons eligible under subdivision one of this section and alleging the jurisdictional requirements set forth in this article and meeting the requirements as to form in the rules and regulations promulgated to carry out the provisions and purposes of this article.
4. Upon filing of a claim pursuant to this article, the office shall promptly notify the district attorney of the county wherein the crime is alleged to have occurred. If, within ten days after such notification, such district attorney advises the office that a criminal prosecution is pending upon the same alleged crime and requests that action by the office be deferred, the office shall defer all proceedings under this article until such time as such criminal prosecution has been concluded and shall so notify such district attorney and the claimant. When such criminal prosecution has been concluded, such district attorney shall promptly so notify the office. Nothing in this section shall limit the authority of the office to grant emergency awards pursuant to section six hundred thirty of this article.
§ 625-a. Information relative to claims; application forms. 1. Every police station, precinct house, any appropriate location where a crime may be reported and any location required by the rules and regulations of the office shall have available informative booklets, pamphlets and other pertinent written information, including information cards, to be supplied by the office, relating to the availability of crime victims compensation including all necessary application blanks required to be filed with the office and shall display prominently posters giving notification of the existence and general provisions of this article, those provisions of the penal law that prohibit the intimidation of crime victims and the location of the nearest crime victim service program. The office may issue guidelines for the location of such display and shall provide posters, application forms, information cards and general information. Every victim who reports a crime in any manner whatsoever shall be given notice about the rights of crime victims and the existence of all relevant local victim's assistance programs and services pursuant to section six hundred twenty-five-b of this article, and supplied by the person receiving the report with information, application blanks, and information cards which shall clearly state: (a) that crime victims may be eligible for state compensation benefits; (b) the address and phone number of the office; (c) that police and district attorneys can help protect victims against harassment and intimidation; (d) the addresses and phone numbers of local victim service programs, where appropriate, or space for inserting that information; or (e) any other information the office deems appropriate. Such cards shall be designed by the office in consultation with local police, and shall be printed and distributed by the office. The office shall develop a system for distributing a sufficient supply of the information cards referred to in this subdivision, to all the appropriate designated locations, which shall include a schedule for meeting that requirement.
1-a. Every general hospital established under the laws of this state, which maintains facilities for providing out-patient emergency medical care, shall display prominently in its emergency room posters giving notification of the existence and general provisions of this chapter. The board may issue guidelines for the location of such display and shall provide posters, application forms and general information regarding the provision of this chapter to each such hospital.
2. No cause of action of whatever nature or kind arising out of a failure to give or receive the notice required by this section shall accrue to any person against the state or a
Section 1. Short title.
§ 1. This chapter shall be known as the "Executive Law."
ARTICLE 2 GOVERNOR
Section 2. Office and residence of governor.
3. Acting governor.
4. Secretary and counsel to the governor.
4-a. Chief diversity officer.
4-b. Chief disability officer.
5. Executive records.
6. Examination and inspection by the governor.
7. Limited operation of holiday.
8. Registration of noncitizens.
9. Lease or loan of state property; temporary transfer of personnel.
11. Indian settlement agreements.
12. Tribal-state compact.
§ 2. Office and residence of governor. The office of the governor shall be known as the executive chamber, and his residence, as the executive mansion.
§ 3. Acting governor. Every provision of law relating to the governor shall extend to the lieutenant-governor, to the president of the senate, and to the speaker of the assembly respectively, while acting as governor in pursuance of law.
§ 4. Secretary and counsel to the governor. A secretary to the governor shall be appointed by the governor, and shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such secretary to assist the governor in matters pertaining to the executive department and perform such duties as the governor may assign to him. The governor may also appoint and at pleasure remove a counsel to the governor who shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such counsel to advise the governor in regard to the constitutionality, consistency and legal effect of bills presented to the governor for his approval and on matters involving the exercise of executive clemency and such other legal matters as may be referred to him by the governor.
§ 4-a. Chief diversity officer. A chief diversity officer for the state shall be appointed by the governor and shall receive a salary to be fixed by the governor within the amount appropriated therefor. The chief diversity officer's responsibilities shall include the following:
1. Advise and assist the governor in formulating policies relating to workforce diversity and minority and women's business enterprises;
2. Work with the director of the division of minority and women's business development to prepare an annual plan for ensuring full compliance with article fifteen-a of the executive law by state agencies and the use of diversity practices by such agencies;
3. Advise the governor and the agencies regarding any measures necessary to ensure full compliance with article fifteen-a of this chapter and use of diversity practices by state public authorities;
5. Serve as the governor's liaison with organizations representing minority and women-owned business enterprises and other organizations related to diversity in the state workforce and in state contracting;
6. Serve as the governor's liaison to the small business advisory council for issues related to the creation of a diverse workforce and state procurement practices relating to minority and women-owned business enterprises;
7. Review and consult with the director of minority and women's business development regarding policies relating to minority and women-owned business enterprise contract specialists at state agencies; and
8. Engage in other actions assigned to him or her by the governor relating to diversity in hiring or promotion of the state workforce and in encouraging diversity practices and compliance with article fifteen-a of this chapter in procurement.
§ 6. Examination and inspection by the governor. The governor is authorized at any time, either in person or by one or more persons appointed by him for the purpose, to examine and investigate the management and affairs of any department, board, bureau or commission of the state. The governor and the persons so appointed by him are empowered to subpoena and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath and to require the production of any books or papers deemed relevant or material. Whenever any person so appointed shall not be regularly in the service of the state his compensation for such services shall be fixed by the governor, and said compensation and all necessary expenses of such examinations and investigations shall be paid from the treasury out of any appropriations made for the purpose upon the order of the governor and the audit and warrant of the comptroller.
Notwithstanding any inconsistent provision of any general, special or local law, charter, administrative code or other statute, service rendered by a person appointed by the governor pursuant to this section shall not constitute or be deemed state service or re-entry into state service under the civil service law, the retirement and social security law or under any charter, administrative code, or other general, special or local law relating to a state or municipal retirement or pension system so as to suspend, impair or otherwise affect or interfere with the pension or retirement status, rights, privileges and benefits of such person under any such system or to interfere with the right of such person or his beneficiary to receive any pension or annuity benefits or death benefits by reason of the selection of any option under any such system.
§ 7. Limited operation of holiday. The governor in issuing any proclamation appointing any day as a holiday or as a day of thanksgiving or fasting and prayer or other religious observance, under section twenty-four of the general construction law is authorized, in his discretion, to limit or restrict the effect and operation of such proclamation to any city or county to be designated by him in such proclamation.
(c) Except as otherwise specifically provided in the compact, the state specifically reserves all its rights, as attributes of its inherent sovereignty, recognized by the tenth and eleventh amendments to the United States Constitution. Nothing in this section shall be construed to affect the existing authority of the governor under the constitution and laws of this state to execute tribal-state compacts.
ARTICLE 2-A REPRIEVES, COMMUTATIONS AND PARDONS
Section 15. Power of governor to grant reprieves, commutations and pardons.
16. His power; in respect to convictions for treason; duty of the legislature, in such cases.
17. Governor to communicate annually to legislature, reprieves, commutations and pardons.
18. Conditional pardon; procedure on violation of.
19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence.
§ 15. Power of governor to grant reprieves, commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this article.
§ 18. Conditional pardon; procedure on violation of. If any person who has been discharged from imprisonment, by virtue of any parole, conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his parole, pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. Determination of the violation of such parole, pardon or commutation and reincarceration therefor shall be had in the manner prescribed in the correction law.
§ 19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence. Upon motion duly made therefor, the judgment of conviction must be set aside and the indictment, information or complaint dismissed by the court in which the defendant was convicted, in a case where the defendant shall receive a pardon from the governor stating that such pardon is issued on the ground of innocence of the crime for which he was convicted and further stating that such finding of innocence is based upon evidence discovered after the judgment of conviction was rendered and after the time within which to make a motion for a new trial on newly discovered evidence had expired. Such setting aside of a judgment of conviction and dismissal of an indictment, information or complaint against a defendant shall place the defendant in the same position as if the indictment, information or complaint had been dismissed at the conclusion of the trial by the court because of the failure to establish the defendant's guilt beyond a reasonable doubt.
ARTICLE 3 EXECUTIVE DEPARTMENT
Section 30. Executive department.
31. Divisions.
32. Authority not to renew.
§ 30. Executive department. There shall continue to be in the state government an executive department. The head of the executive department shall be the governor. The governor may appoint such subordinates and employees as may be necessary for the exercise of his powers and the performance of his duties as head of the executive department, and may prescribe their duties and fix their compensation within the amounts appropriated therefor.
§ 31. Divisions. There shall be in the executive department the following divisions:
1. The division of the budget.
2. The division of military and naval affairs.
3. The office of general services.
4. The division of state police.
5. The division of housing.
6. The division of alcoholic beverage control.
7. The division of human rights.
8. The division of homeland security and emergency services.
9. Office of information technology services.
The governor may establish, consolidate, or abolish additional divisions and bureaus.
ARTICLE 5 DEPARTMENT OF LAW
Section 60. Department of law.
61. Solicitor general.
62. Assistants.
63. General duties.
63-a. Action by attorney-general for forfeiture of public office.
63-b. Action by attorney-general against usurper of office or franchise.
63-c. Action by the people for illegal receipt or disposition of public funds or other property.
63-d. Attorney-general; death penalty prosecutions.
64. Costs recovered.
65. Register.
66. Destruction of certain records, books and other data by the attorney-general.
67. Additional counsel.
70. Deputy attorney-general to act as special district attorney.
70-a. Statewide organized crime task force.
70-b. Office of special investigation.
70-c. Task force on social media and violent extremism.
71. Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto.
72. When costs payable to relator.
73. Power to administer oaths and take acknowledgements.
74. Welfare inspector general.
75. Law enforcement misconduct investigative office.
§ 60. Department of law. There shall continue to be in the state government a department of law. The head of the department of law shall be the attorney-general who shall receive an annual salary of one hundred fifty-one thousand five hundred dollars.
§ 61. Solicitor general. There shall be in the department of law a solicitor general who shall be appointed by the attorney-general and who shall perform such duties in the place and stead of the attorney-general as may lawfully be assigned to him. The attorney-general shall fix his compensation within the amounts appropriated therefor.
§ 62. Assistants. 1. The attorney-general may appoint such assistant attorneys-general, deputy assistant attorneys-general and attorneys as he may deem necessary and fix their compensation within the amounts appropriated therefor. Whenever deputy or deputy attorney-general is referred to or designated in any law, contract or document such references or designations shall be deemed to refer to and include assistant attorneys-general, deputy assistant attorneys-general or attorneys appointed by the attorney-general.
§ 63. General duties. The attorney-general shall:
1. Prosecute and defend all actions and proceedings in which the state is interested, and have charge and control of all the legal business of the departments and bureaus of the state, or of any office thereof which requires the services of attorney or counsel, in order to protect the interest of the state, but this section shall not apply to any of the military department bureaus or military offices of the state. No action or proceeding affecting the property or interests of the state shall be instituted, defended or conducted by any department, bureau, board, council, officer, agency or instrumentality of the state, without a notice to the attorney-general apprising him of the said action or proceeding, the nature and purpose thereof, so that he may participate or join therein if in his opinion the interests of the state so warrant.
2. Whenever required by the governor, attend in person, or by one of his deputies, any term of the supreme court or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury criminal actions or proceedings as shall be specified in such requirement; in which case the attorney-general or his deputy so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which the district attorney would otherwise be authorized or required to exercise or perform; and in any of such actions or proceedings the district attorney shall only exercise such powers and perform such duties as are required of him by the attorney-general or the deputy attorney-general so attending. In all such cases all expenses incurred by the attorney-general, including the salary or other compensation of all deputies employed, shall be a county charge.
3. Upon request of the governor, comptroller, secretary of state, commissioner of transportation, superintendent of financial services, commissioner of taxation and finance, commissioner of motor vehicles, or the state inspector general, or the head of any other department, authority, division or agency of the state, investigate the alleged commission of any indictable offense or offenses in violation of the law which the officer making the request is especially required to execute or in relation to any matters connected with such department, and to prosecute the person or persons believed to have committed the same and any crime or offense arising out of such investigation or prosecution or both, including but not limited to appearing before and presenting all such matters to a grand jury.
4. Cause all persons indicted for corrupting or attempting to corrupt any member or member-elect of the legislature, or the commissioner of general services, to be brought to trial.
8. Whenever in his judgment the public interest requires it, the attorney-general may, with the approval of the governor, and when directed by the governor, shall, inquire into matters concerning the public peace, public safety and public justice. For such purpose he may, in his discretion, and without civil service examination, appoint and employ, and at pleasure remove, such deputies, officers and other persons as he deems necessary, determine their duties and, with the approval of the governor, fix their compensation. All appointments made pursuant to this subdivision shall be immediately reported to the governor, and shall not be reported to any other state officer or department. Payments of salaries and compensation of officers and employees and of the expenses of the inquiry shall be made out of funds provided by the legislature for such purposes, which shall be deposited in a bank or trust company in the names of the governor and the attorney-general, payable only on the draft or check of the attorney-general, countersigned by the governor, and such disbursements shall be subject to no audit except by the governor and the attorney-general. The attorney-general, his deputy, or other officer, designated by him, is empowered to subpoena witnesses, compel their attendance, examine them under oath before himself or a magistrate and require that any books, records, documents or papers relevant or material to the inquiry be turned over to him for inspection, examination or audit, pursuant to the civil practice law and rules. If a person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such inquiry, he shall be guilty of a misdemeanor. It shall be the duty of all public officers, their deputies, assistants and subordinates, clerks and employees, and all other persons, to render and furnish to the attorney-general, his deputy or other designated officer, when requested, all information and assistance in their possession and within their power. Each deputy or other officer appointed or designated to conduct such inquiry shall make a weekly report in detail to the attorney-general, in form to be approved by the governor and the attorney-general, which report shall be in duplicate, one copy of which shall be forthwith, upon its receipt by the attorney-general, transmitted by him to the governor. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who shall disclose to any person other than the governor or the attorney-general the name of any witness examined or any information obtained upon such inquiry, except as directed by the governor or the attorney-general, shall be guilty of a misdemeanor.
9. Bring and prosecute or defend upon request of the commissioner of labor or the state division of human rights, any civil action or proceeding, the institution or defense of which in his judgment is necessary for effective enforcement of the laws of this state against discrimination by reason of age, race, sex, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, citizenship or immigration status, or domestic violence victim status, or for enforcement of any order or determination of such commissioner or division made pursuant to such laws.
10. Prosecute every person charged with the commission of a criminal offense in violation of any of the laws of this state against discrimination because of age, race, sex, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, citizenship or immigration status, or domestic violence victim status, in any case where in his judgment, because of the extent of the offense, such prosecution cannot be effectively carried on by the district attorney of the county wherein the offense or a portion thereof is alleged to have been committed, or where in his judgment the district attorney has erroneously failed or refused to prosecute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform.
13. Prosecute any person for perjury committed during the course of any investigation conducted by the attorney-general pursuant to statute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and exercise all the powers and perform all the duties necessary or required to be exercised or performed in prosecuting any such person for such offense.
15. In any case where the attorney general has authority to institute a civil action or proceeding in connection with the enforcement of a law of this state, in lieu thereof he may accept an assurance of discontinuance of any act or practice in violation of such law from any person engaged or who has engaged in such act or practice. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the reasonable costs and disbursements incurred by the attorney general during the course of his investigation. Evidence of a vi1olation of such assurance shall constitute prima facie proof of violation of the applicable law in any civil action or proceeding thereafter commenced by the attorney general.
§ 63-a. Action by attorney-general for forfeiture of public office. The attorney-general may maintain an action, upon his own information or upon the complaint of a private person, against a public officer, civil or military, who has done or suffered an act which by law works a forfeiture of his office.
§ 63-b. Action by attorney-general against usurper of office or franchise. 1. The attorney-general may maintain an action, upon his own information or upon the complaint of a private person, against a person who usurps, intrudes into, or unlawfully holds or exercises within the state a franchise or a public office, civil or military, or an office in a domestic corporation. The attorney-general may set forth in the complaint, in his discretion, the name of the person rightfully entitled to the office and facts showing his right thereto. Judgment may be rendered upon the right of the defendant and of the party so alleged to be entitled, or only upon the right of the defendant, as justice requires. Where two or more persons claim to be entitled to the same office or franchise, the attorney-general may bring the action against all to determine their respective rights thereto.
3. Where a defendant is adjudged to be guilty of usurping or intruding into or unlawfully holding or exercising an office, franchise or privilege, final judgment shall be rendered, ousting and excluding him therefrom, and in favor of the state or the relator, as the case requires, for the costs of the action. As a part of the final judgment in an action for usurping or intruding into or unlawfully holding or exercising an office, franchise or privilege, the court, in its discretion, also may award that the defendant, or, where there are two or more defendants, that one or more of them, pay to the state a fine not exceeding two thousand dollars. The judgment for the fine may be docketed and execution may be issued thereupon in favor of the state, as if it had been rendered in an action to recover the fine.
4. Where final judgment has been rendered upon the right and in favor of the person alleged in the complaint to be entitled to an office, he may recover, by action against the defendant, the damages which he has sustained in consequence of the defendant's usurpation, intrusion into, unlawful holding or exercise of the office.
§ 63-d. Attorney-general; death penalty prosecutions. 1. The attorney-general shall, whenever required by the governor or his designee after a request of the governor by a district attorney, direct that the resources and personnel of the department of law be used to provide assistance relating to the prosecution or appeal of any case where the defendant may be subject to the penalty of death. Such assistance shall include the use of any department resource or services, which the attorney-general deems proper, and may be performed or provided by the attorney-general or any employee of the department of law. Assistance pursuant to this section may only be provided with respect to proceedings where:
(i) the defendant is represented by counsel appointed pursuant to the provisions of section thirty-five-b of the judiciary law or the defendant is receiving expert, investigative or other services pursuant to such section, or
(ii) the defendant, through counsel retained privately by the defendant through his or her own means or through the means of a person other than the defendant, or through representation by pro bono counsel, is able to marshal substantially greater legal and investigatory resources than those reasonably available to the district attorney.
2. A request of the governor made by a district attorney for assistance in a death penalty case shall be accompanied by a certificate of need stating that as a result of cases where the defendant may be subject to the penalty of death additional resources or personnel are needed to supplement the district attorney's staff and available resources in order to fulfill such district attorney's responsibilities.
§ 70-a. Statewide organized crime task force. 1. There shall be established within the department of law a statewide organized crime task force which, pursuant to the provisions of this section, shall have the duty and power:
(a) To conduct investigations and prosecutions of organized crime activities carried on either between two or more counties of this state or between this state and another jurisdiction;
(b) To cooperate with and assist district attorneys and other local law enforcement officials in their efforts against organized crime.
2. Notwithstanding any other provision of law, the governor and the attorney general may, and without civil service examination, jointly appoint and employ, fix his compensation, and at pleasure remove, a deputy attorney general in charge of the organized crime task force. The attorney general may, and without civil service examination, appoint and employ, and at pleasure remove, such assistant deputies, accountants and other persons as he deems necessary, determine their duties and, with the approval of the governor, fix their compensation. The payments of salaries and compensation of such officers and employees shall be in the same manner as is prescribed in subdivision eight of section sixty-three of this chapter.
3. The deputy attorney general in charge of the organized crime task force may request and shall receive from the division of state police, the state department of taxation and finance, the state department of labor, the temporary state commission of investigation, and from every department, division, board, bureau, commission or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of his duties. Such deputy attorney general may provide technical and other assistance to any district attorney or other local law enforcement official requesting such assistance in the investigation or prosecution of organized crime cases.
4. The deputy attorney general in charge of the organized crime task force is empowered to conduct hearings at any place within the state, to administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence he may deem relevant or material to an investigation. He is empowered to apply for search warrants pursuant to article six hundred ninety of the criminal procedure law, and, except in exigent circumstances, shall give prior notice of the application to the district attorney of the county in which such a warrant is to be executed, and in such circumstances, shall give such notice as soon thereafter as practicable; provided, however, that the failure to give notice of a search warrant application to a district attorney shall not be a ground to suppress the evidence seized in executing the warrant. He may designate an assistant to exercise any such powers. Every witness attending before such deputy attorney general or his assistant shall be examined privately and the particulars of such examination shall not be made public. If a person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such inquiry, he shall be guilty of a class A misdemeanor.
5. Upon the application of the deputy attorney general in charge of the organized crime task force, the supreme court or a justice thereof may impound any exhibit marked in evidence in any hearing held in connection with an investigation conducted by such deputy attorney general, and may order such exhibit to be retained by, or delivered to and placed in the custody of, such deputy. When so impounded, such exhibit shall not be taken from the custody of such deputy except upon further order of the court or a justice thereof made upon five days notice to such deputy, or upon his application or with his consent.
6. In any hearing held in connection with an investigation conducted by the deputy attorney general in charge of the organized crime task force, the attorney general may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law, but only after affording the appropriate district attorney the opportunity to be heard in respect to any objections which he may have to the granting of such immunity.
7. With the approval of the governor and with the approval or upon the request of the appropriate district attorney, the deputy attorney general in charge of the organized crime task force, or one of his assistants, may attend in person any term of the county court or supreme court having appropriate jurisdiction, including an extraordinary special or trial term of the supreme court when one is appointed pursuant to section one hundred forty-nine of the judiciary law, or appear before the grand jury thereof, for the purpose of managing and conducting in such court or before such jury a criminal action or proceeding concerned with an offense where any conduct constituting or requisite to the completion of or in any other manner related to such offense occurred either in two or more counties of this state, or both within and outside this state. In such case, such deputy attorney general or his assistant so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which the district attorney would otherwise be authorized or required to exercise or perform. In any of such actions or proceedings the district attorney shall only exercise such powers and perform such duties as are required of him by such deputy attorney general.
§ 70-b. Office of special investigation. 1. There shall be established within the office of the attorney general an office of special investigation. Notwithstanding any other provision of law, the office of special investigation shall investigate and, if warranted, prosecute any alleged criminal offense or offenses committed by a person, whether or not formally on duty, who is a police officer, as defined insubdivision 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, provided that such peace officer is employed or contracted by an education, public health, social service, parks, housing or corrections agency, or is a peace officer as defined in subdivision twenty-five of section 2.10 of the criminal procedure law, concerning any incident in which the death of a person, whether in custody or not, is caused by an act or omission of such police officer or peace officer or in which the attorney general determines there is a question as to whether the death was in fact caused by an act or omission of such police officer or peace officer.
2. The attorney general has investigative authority and criminal jurisdiction under this section at the time of the death of the person and the attorney general retains investigative authority and criminal jurisdiction over the incident unless the attorney general determines that such incident does not meet the requirements of this section. If the attorney general determines the incident does not meet the requirements for the attorney general to have investigative authority and criminal jurisdiction pursuant to this section, the attorney general shall, as soon as practicable, provide written notice of such determination to the district attorney for the county in which the incident occurred.
3. In connection with any particular incident encompassed by this section, the attorney general shall conduct a full, reasoned and independent investigation, including but not limited to: (a) gathering and analyzing evidence; (b) conducting witness interviews; (c) reviewing and commissioning any necessary investigative and scientific reports; and (d) reviewing audio and video-recordings. The attorney general shall be empowered to subpoena witnesses, compel their attendance, examine them under oath before himself or herself or a magistrate and require that any books, records, documents or papers relevant or material to the inquiry be turned over to him or her for inspection, examination or audit, pursuant to the civil practice law and rules, in connection with such incident.
4. The attorney general shall have criminal jurisdiction over any criminal conduct arising from any incident herein, and shall exercise all of the powers and perform all of the duties with respect to such actions or proceedings that a district attorney would otherwise be authorized or required to exercise or perform, including all the powers necessary to prosecute acts and omissions and alleged acts and omissions to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment arising from the incident. The criminal jurisdiction of the office of special investigation shall displace and supersede the jurisdiction of the district attorney where the incident occurred; and such district attorney shall only have the powers and duties reserved to him or her in writing by the attorney general.
5. The attorney general shall designate a deputy attorney general for special investigation to exercise the powers and duties of the office of special investigation, who shall be in the exempt class of the civil service. The deputy attorney general may designate deputies or assistants, who shall be in the exempt class of the civil service, as necessary and appropriate. The other employees of the office of special investigation within the department of law, who are not otherwise exempt, shall all be in the competitive class of the civil service and shall be considered for purposes of article fourteen of the civil service law to be public employees in the civil service of the state, and shall be assigned to the appropriate collective bargaining unit. Employees serving in positions in newly created titles shall be assigned to the same collective bargaining units as they would have been assigned to were such titles created prior to the establishment of the office of special investigation within the department of law by this chapter. The deputy attorney general for special investigation may appear and conduct proceedings in person or by his or her deputy or assistant before any court or grand jury in connection with proceedings under this section.
6. (a) For any incident under this section, the office of special investigation shall issue a public report and post the report on its website whenever the office of special investigation initiates an investigation and (i) the office of special investigation declines to present evidence to a grand jury or (ii) the office of special investigation does present evidence to a grand jury but the grand jury declines to return indictment on any charges. The report will include, to the extent possible and lawful, the results of the investigation of the incident.
(b) The report shall also include: (i) with respect to subparagraph (i) of paragraph (a) of this subdivision, an explanation as to why the office of special investigation declined to present evidence to a grand jury; and (ii) any recommendations for systemic or other reforms arising from the investigation.
7. Six months after this subdivision takes effect, and annually on such date thereafter, the office of special investigation shall issue a report, which shall be made available to the public and posted on the website of the department of law, which shall provide information on the matters investigated by such office during such reporting period. The information presented shall include, but not be limited to: the county and geographic location of each matter investigated; a description of the circumstances of each case; racial, ethnic, age, gender and other demographic information concerning the persons involved or alleged to be involved; information concerning whether a criminal charge or charges were filed against any person involved or alleged to be involved in such matter; the nature of such charges; and the status or, where applicable, outcome with respect to all such criminal charges. Such report shall also include recommendations for any systemic or other reforms recommended as a result of such investigations.
§ 70-c. Task force on social media and violent extremism. 1. Establishment and organization. (a) There is hereby established a task force on social media and violent extremism within the department of law.
(b) The attorney general may appoint or assign a deputy attorney general and/or one or more assistants to serve on the task force.
(c) The mission of the task force on social media and violent extremism shall be to study, investigate, and make recommendations relating to the use, operations, policies, programs, and practices of online social media companies and any role they may have in promoting, facilitating, and providing platforms for individuals and groups to plan and promote acts of violence, including but not limited to, the use of such platforms to: initiate threats against public safety or against a specific group of individuals based on an actual or perceived classification or characteristic; communicate or plan for criminal activity, including but not limited to, hate crimes, acts of domestic terrorism, or acts of domestic terrorism motivated by hate; spread extremist content; and aid in the radicalization and mobilization of extremist individuals or groups.
2. Functions and duties. Subject to appropriations made available therefor, the task force shall have the following duties and responsibilities:
(a) to receive and investigate complaints from any source, or upon its own initiative, allegations involving the use and role of social media platforms in broadcasting, streaming, promoting, or otherwise facilitating acts of violence as described in paragraph (c) of subdivision one of this section;
(b) to determine, with respect to such allegations, whether social media companies may be civilly or criminally liable for their role in promoting, facilitating, or providing a platform for individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section, or whether further investigation by the department of law is warranted or whether a referral to an appropriate federal, state or local law enforcement agency is necessary, and to assist in such investigations, if requested by a federal, state, or local law enforcement agency;
(c) to prepare and make public reports regarding the work of the task force, provided, however that such reports shall not include confidential or other protected information or any information that pertains to or may interfere with ongoing or future investigations;
(d) to review and examine periodically the use, operations, policies, programs, and practices of social media companies and any role they may have in promoting, facilitating, and providing platforms for individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section;
(e) to cooperate with and assist the division of homeland security and emergency services or any other state or local agency as may be appropriate in their efforts to counter acts of violence as described in paragraph (c) of subdivision one of this section;
(f) to review the final report of the domestic terrorism task force established pursuant to section six of part R of chapter fifty-five of the laws of two thousand twenty, setting forth the findings, conclusions, recommendations, and activities of the task force, to examine and evaluate how to prevent mass shootings by domestic terrorists in New York state in furtherance of the goals of the task force on social media and violent extremism;
(g) to recommend remedial action to prevent the use of social media platforms by individuals and groups to plan and promote acts of violence as described in paragraph (c) of subdivision one of this section;
(h) on an annual basis, to submit to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, no later than December thirty-first, a report summarizing the activities of the task force and recommending specific changes to state law to further the mission of the task force on social media and violent extremism; and
(i) to perform any other functions and duties that are necessary or appropriate to fulfill the duties and responsibilities of the task force.
3. Powers. In executing its duties under subdivision two of this section, the task force shall have the power to:
(a) subpoena and enforce the attendance of witnesses;
(b) administer oaths or affirmations and examine witnesses under oath;
(c) request and receive from the division of homeland security and emergency services, the division of state police, the division of criminal justice services, and from every department, division, board, bureau, commission or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties;
(d) provide technical and other assistance to any district attorney or other local law enforcement official requesting such assistance in the investigation or prosecution of cases involving the role of social media platforms in broadcasting, streaming, promoting, or otherwise facilitating acts of violence as described in paragraph (c) of subdivision one of this section; and
(e) conduct hearings at any place within the state and require the production of any books, records, documents or other evidence he or she may deem relevant or material to an investigation.
§ 71. Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto. 1. Whenever the constitutionality of a statute, or a rule or regulation adopted pursuant thereto is brought into question upon the trial, hearing or appeal of any action or proceeding, civil or criminal, in any court of record of original or appellate jurisdiction, and proof of the notice of such constitutional challenge, as required by paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, has not been filed, the court or justice before whom such action or proceeding is pending, shall make an order, directing the party desiring to raise such question, to serve notice thereof on the attorney-general, and providing that the attorney-general be permitted to appear at any such trial or hearing in support of the constitutionality of such statute, or rule or regulation adopted pursuant thereto. The court or justice before whom any such action or proceeding is pending may also make such order upon the application of any party thereto, and the court shall make such order in any such action or proceeding upon motion of the attorney-general. When such order has been made in any manner mentioned in this section and notice pursuant to such order has been given, the attorney-general shall be permitted to appear in such action or proceeding in support of the constitutionality of such statute, or a rule or regulation adopted pursuant thereto.
2. In the event the constitutionality of a statute, or rule or regulation adopted pursuant thereto is brought into question and the party questioning such constitutionality, or any other party to the action or proceeding serves the attorney-general pursuant to paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, proof of such service upon the attorney-general shall be accepted by the court in satisfaction of the provisions of subdivision one of this section.
3. The court having jurisdiction in an action or proceeding in which the constitutionality of a statute, rule or regulation is challenged, shall not consider any challenge to the constitutionality of such statute, rule or regulation unless proof of service of the notice required by this section or required by subdivision (b) of section one thousand twelve of the civil practice law and rules is filed with such court.
§ 73. Power to administer oaths and take acknowledgments. The attorney-general of the state of New York and all deputies and assistants appointed by him pursuant to section sixty-two of the executive law, who have duly qualified, shall have the power, while acting as such, to administer oaths and take affidavits and acknowledgments and proofs of written instruments to be read in evidence, anywhere within the state of New York, except such instruments as now are required by law to be recorded to create constructive notice thereof.
§ 75. Law enforcement misconduct investigative office. 1. Jurisdiction. This section shall, subject to the limitations contained in this section, confer upon the law enforcement misconduct investigative office jurisdiction over all covered agencies. For the purposes of this section "covered agency" means an agency of any political subdivision within the state maintaining a police force or police forces of individuals defined as police officers in section 1.20 of the criminal procedure law, provided however, covered agency does not include any agency, public authority, or other entity under the jurisdiction of the state inspector general pursuant to article four-A of the executive law, the metropolitan transportation authority inspector general pursuant to section one thousand two hundred seventy-nine of the public authorities law, or the port authority inspector general pursuant to chapter one hundred fifty-four of the laws of nineteen twenty-one.
2. Establishment and organization. (a) There is hereby established the law enforcement misconduct investigative office in the department of law. The head of the office shall be a deputy attorney general who shall be appointed by the attorney general.
(b) Such deputy attorney general may appoint one or more assistants to serve at his or her pleasure.
(c) The salary for the head of such office shall be established within the limit of funds available therefore; provided, however, such salary shall be no less than the salaries of certain state officers holding the positions indicated in paragraph (a) of subdivision one of section one hundred sixty-nine of this chapter.
(d) The mission of the law enforcement misconduct investigative office shall be to review, study, audit and make recommendations relating to the operations, policies, programs and practices, including ongoing partnerships with other law enforcement agencies, of state and local law enforcement agencies with the goal of enhancing the effectiveness of law enforcement, increasing public safety, protecting civil liberties and civil rights, ensuring compliance with constitutional protections and local, state and federal laws, and increasing the public's confidence i`n law enforcement.
3. Functions and duties. The deputy attorney general shall have the following duties and responsibilities:
(a) receive and investigate complaints from any source, or upon his or her own initiative, concerning allegations of corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse in any covered agency;
(b) inform the heads of covered agencies of such allegations and the progress of investigations related thereto, unless special circumstances require confidentiality;
(b-1) promptly inform the division of criminal justice services, in the form and manner prescribed by the division, of such allegations and the progress of investigations related thereto unless special circumstances require confidentiality. Nothing in this paragraph shall require the division of criminal justice services to participate in the investigation of such allegations or take action or prevent the division of criminal justice services from taking action authorized pursuant to subdivision three of section eight hundred forty-five of this chapterin the time and manner determined by the commissioner of the division of criminal justice services;
(c) determine with respect to such allegations whether disciplinary action, civil or criminal prosecution, or further investigation by an appropriate federal, state or local agency is warranted, and to assist in such investigations, if requested by such federal, state, or local agency;
(d) prepare and release to the public written reports of investigations, as appropriate and to the extent permitted by law, subject to redaction to protect the confidentiality of witnesses and other information that would be exempt from disclosure under article six of the public officers law. The release of all or portions of such reports may be temporarily deferred to protect the confidentiality of ongoing investigations;
(e) review and examine periodically the policies and procedures of covered agencies with regard to the prevention and detection of corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse;
(f) recommend remedial action to prevent or eliminate corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse in covered agencies; and
(g) investigate patterns, practices, systemic issues, or trends identified by analyzing actions, claims, complaints, and investigations, including, but not limited to, any patterns or trends regarding departments, precincts, and commands; and
(h) on an annual basis, submit to the governor, the attorney general, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, no later than December thirty-first, a report summarizing the activities of the office and recommending specific changes to state law to further the mission of the law enforcement misconduct investigative office.
4. Powers. The deputy attorney general shall have the power to:
(a) subpoena and enforce the attendance of witnesses;
(b) administer oaths or affirmations and examine witnesses under oath;
(c) require the production of any books and papers deemed relevant or material to any investigation, examination or review;
(d) notwithstanding any law to the contrary, examine and copy or remove documents or records of any kind prepared, maintained or held by any covered agency;
(e) require any officer or employee in a covered agency to answer questions concerning any matter related to the performance of his or her official duties. No statement or other evidence derived therefrom may be used against such officer or employee in any subsequent criminal prosecution other than for perjury or contempt arising from such testimony. The refusal of any officer or employee to answer questions shall be cause for removal from office or employment or other appropriate penalty;
(f) monitor the implementation by covered agencies of any recommendations made by the law enforcement misconduct investigative office; and
(g) perform any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office.
5. Responsibilities of covered agencies, officers and employees. (a) Every officer or employee in a covered agency shall report promptly to the law enforcement misconduct investigative office any information concerning corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse by another officer or employee relating to his or her office or employment, or by a person having business dealings with a covered agency relating to those dealings. The knowing failure of any officer or employee to so report shall be cause for removal from office or employment or other appropriate penalty. Any officer or employee who acts pursuant to this subdivision by reporting to the law enforcement misconduct investigative office shall not be subject to dismissal, discipline or other adverse personnel action.
(b) Upon receiving at least five complaints from five or more individuals relating to at least five separate incidents involving a certain officer or employee within two years, the head of any covered agency shall refer such complaints to the law enforcement misconduct investigative office for review. The law enforcement misconduct investigative office shall investigate such complaints to determine whether the subject officer or employee has engaged in a pattern or practice of misconduct, use of excessive force, or acts of dishonesty. The referral and investigation pursuant to this subdivision shall be in addition to and shall not supersede any civil, criminal, administrative or other action or proceeding relating to such complaints or the subject officer or employee.
(c) The head of any covered agency shall advise the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly and the division of criminal justice services within ninety days of the issuance of a report by the law enforcement misconduct investigative office as to the remedial action that the agency has taken in response to any recommendation for such action contained in such report.
(d) Nothing in this section shall be construed to impede, infringe, or diminish the rights, privileges, benefits or remedies that accrue to any employee pursuant to any agreement entered into pursuant to article fourteen of the civil service law.
ARTICLE 6 DEPARTMENT OF STATE
Section 90. Department of state; secretary of state.
91. Rules.
92. Deputies.
93. Custody of records.
93-a. Examination of reports.
94. Commission on ethics and lobbying in government.
94-a. Consumer protection division.
94-b. Office for new Americans.
94-c. Major renewable energy development program.
95. Legislative manual.
96. Fees and refunds.
96-a. Fees for services rendered pursuant to the uniform commercial code.
97. Completing unfinished papers.
97-a. Affirmation in lieu of oath.
98. Copies of amendments to rules for admission of attorneys.
99. Central state registry of security guards.
100. Central state registry of armored car guards.
101. Accessibility, rules and regulations.
101-a. Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules.
101-b. Application by municipal corporations for the suspension of certain rules.
102. Filing and publication of codes, rules and regulations.
103. Future editions and supplements of official compilations.
104. Departmental cooperation.
104-a. Departmental cooperation regarding water quality.
105. Changes in codes, rules or regulations.
106. Proof of codes, rules and regulations.
106-a. Internet access to the New York code, rules and regulations.
107. Intergovernmental agreements.
108. Address confidentiality program.
109. Registration of certain service providers.
130. Appointment of notaries public.
131. Procedure of appointment; fees and commissions; fee payment methods.
132. Certificates of official character of notaries public.
133. Certification of notarial signatures.
134. Signature and seal of county clerk.
135. Powers and duties; in general; of notaries public who are attorneys at law.
135-a. Notary public or commissioner of deeds; acting without appointment; fraud in office.
135-b. Advertising by notaries public.
135-c. Electronic notarization.
136. Notarial fees.
137. Statement as to authority of notaries public.
138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation.
139. Commissioners of deeds within the state.
140. Commissioners of deeds in the city of New York.
141. Commissioners of deeds in other states, territories and foreign countries.
142. Powers of such commissioners.
142-a. Validity of act of notaries public and commissioners of deeds notwithstanding certain defects.
143. Fees of such commissioners.
144. Saving clause.
144-a. Eligible professions for the purchase, sale, and use of body armor.
§ 90. Department of state; secretary of state. There shall be in the state government a department of state. The head of the department shall be the secretary of state who shall be appointed by the governor by and with the advice and consent of the senate and hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and has qualified. The secretary of state shall receive an annual salary within the amount appropriated therefor and his reasonable expenses when necessarily absent on public business pertaining to the duties of his office.
In addition to those divisions created and continued within the Department of State by other statutes, the secretary of state may establish such other divisions and bureaus in the department of state as he may deem necessary. He may prescribe the duties and powers of such divisions and bureaus which shall be exercised and performed under his supervision.
§ 91. Rules. Subject to and in conformity with the provisions of the constitution and laws of the state, the secretary of state may adopt and promulgate such rules which shall regulate and control the exercise of the powers of the department of state and the performance of the duties of officers, agents and other employees thereof.
§ 92. Deputies. The secretary of state shall appoint a deputy, who may perform all the duties of the secretary of state. Any such deputy shall receive an annual salary to be fixed by the secretary of state within the amount appropriated therefor. The secretary of state may also appoint and fix the compensation of such other deputies, assistants and employees as he shall deem necessary within the amount appropriated therefor and prescribe their powers and duties.
§ 95. Legislative manual. The secretary of state, at the expense of the state, may in each odd-numbered year prepare and publish the legislative manual. The manual shall contain the constitution of the United States and of the state of New York, diagrams of the senate and assembly chambers, and such other information of the nature heretofore published therein, as the secretary may consider useful, and shall be printed and bound in substantially the same style as heretofore. As soon as printed, the secretary shall deliver a copy of the manual to each member and officer of the legislature, and to each state officer entitled to the session laws.
§ 102. Filing and publication of codes, rules and regulations. 1. a. No code, rule or regulation shall become effective until it is filed with the secretary of state, unless a later date is required by statute or is specified by such code, rule or regulation.
b. Each department, board, bureau, officer, authority, commission or other agency of the state, authorized by statute to adopt codes, rules or regulations shall transmit to the secretary of state a certified copy of every such code, rule and regulation except such as relate solely to the organization or internal management of such department, board, bureau, authority, commission or other agency of the state in force at the time of such transmittal or to become effective thereafter, certified by the head of such department, board, bureau, authority, commission or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, together with a citation of the statutory authority pursuant to which each such code, rule or regulation was adopted.
c. Any code, rule or regulation which includes in the text thereof any United States statute, or code, rule or regulation previously published in the code of federal regulations or in the federal register, or any previously published data, criteria, standards, specifications, techniques, illustrations or other information reasonably available to regulated parties, shall have set forth in its text a precise identification of such material, including but not limited to: applicable titles, dates, editions, page numbers, section numbers, and authors, the names and addresses of the publisher from whom a copy may be obtained, and the designated office or offices of the adopting agency at which such material is available for public inspection and copying.
d. No amendment to any material identified pursuant to paragraph c of this subdivision shall be effective unless adopted in compliance with the applicable provisions of law and filed with the secretary of state pursuant to this section.
e. The secretary of state shall promulgate rules establishing procedure, forms, style and font for submission of every such code, rule and regulation required to be submitted by this section.
2. Immediately upon adopting any new code, rule or regulation including any rule as defined in the state administrative procedure act, or any amendment to or repeal thereof, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, the original thereof shall be filed in the office of the department of state. Attached thereto shall be a certificate, in a form prescribed by the secretary of state, citing the statutory authority including particular sections and subdivisions pursuant to which each such change or new code, rule or regulation was adopted, the date of adoption, and the date of publication in the state register of the notice required under the provisions of the state administrative procedure act as well as the date and manner of publication of any additional prior notice required under any other statute. If the action taken shall be exempt from the provisions of the state administrative procedure act and if no other statutory notice requirement shall be applicable the certificate shall so state. Such certificate shall be signed by the head of the department, board, bureau, authority, commission, or other agency of the state, or if such head is a board or commission, by the chairman or secretary thereof, or, in lieu of such signatures, it may be signed by a person designated by such head or chairman aforementioned, provided such designation is made in writing, contains therein the signature of the person designated, and is filed with the department of state. The secretary of state shall reject any rule submitted for filing in the event that either the notice required by subdivision five or six of section two hundred two of the state administrative procedure act, or the attached certificate, reveals that the rule was not adopted in substantial compliance with section two hundred two of such act.
3. It shall be the duty of the secretary of state to prepare a master compilation of all such codes, rules and regulations in such form and order as he may determine. He shall not, however, change the language of any existing code, rule or regulation except a title or explanatory caption; but he shall recommend any such change as he may deem advisable to the department, board, bureau, officer, authority, commission or other agency of the state authorized to adopt such code, rule or regulation. Such master compilation shall include all codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in effect on the first day of January, nineteen hundred forty-five, and which he shall certify as a true copy of the master compilation prepared by him.
4. Publication of all such codes, rules and regulations filed with the secretary of state pursuant to this section shall be provided in the following manner:
a. the secretary of state shall make readily available in his office, for public inspection and copying, the full text of the master compilation;
b. each agency shall make readily available at a designated office or offices of the agency, for public inspection and copying, the full text of all codes, rules and regulations adopted by the agency;
c. at the same time material identified pursuant to paragraph c of subdivision one of this section is filed with the secretary of state, an agency shall transmit a copy of all such material except material that is: (i) a United States statute or a code, rule or regulation published in the Code of Federal Regulations or in the Federal Register; or (ii) readily available without charge on the internet to the legislative library and, within each judicial department of the state, one court law library designated by the chief administrator of the courts; provided that for materials readily available on the internet, the agency shall identify the address at which such materials can be accessed;
d. notwithstanding any provisions of law to the contrary, photocopies of any codes, rules and regulations shall be available to the public upon payment of a fee not to exceed twenty-five cents per page; and
e. the secretary of state shall cause such compilation to be printed; however, he may exclude from such printed compilation any previously published portion of a rule which is precisely identified in the text thereof pursuant to paragraph c of subdivision one of this section.
5. The compilation printed pursuant to paragraph e of subdivision four of this section shall be known as the "official compilation of codes, rules and regulations of the state of New York" and shall presumptively establish the codes, rules and regulations of the state of New York, except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, in force and effect on the first day of January, nineteen hundred forty-five. The official supplements to such compilation published as hereinafter provided shall presumptively establish any changes in such codes, rules and regulations and any new codes, rules or regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state, affected by addition, amendment or repeal, or adopted during the period ending on the thirty-first day of December in any year immediately preceding the publication of such supplement. Nothing in such official compilation or any new edition thereof or official supplement thereto shall be construed as repealing or amending any code, rule or regulation adopted by any department, board, bureau, authority, commission or other agency of the state, and in case of any inconsistency arising through omission or otherwise between the official compilation and such codes, rules and regulations as filed in the office of the secretary of state, the latter shall prevail.
§ 103. Future editions and supplements of official compilations. 1. In any year the secretary of state may, whenever he shall believe that the public interest will be served thereby, cause a new edition of such official compilation or any volume thereof to be published, which compilation shall be published as soon as practicable, and shall set forth the codes, rules and regulations except such as relate solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state on file in the office of the department of state on the date as of which such new edition is published.
2. The secretary of state may, whenever he deems it to be necessary, cause to be published an official supplement to the official compilation, showing all new and all changes in existing codes, rules and regulations adopted since the effective date of the codes, rules and regulations embraced in the latest edition of the official compilation or since the end of the period covered by the preceding supplement.
3. Any new edition of such compilation published as heretofore provided, and any supplementation thereof or thereto, shall presumptively establish that the codes, rules and regulations contained therein are on file in the department of state, and are effective, unless otherwise stated, on the date as of which such new edition, or any volume thereof, or a supplementation thereto, is published.
4. Any code, rule or regulation contained in any new edition of the official compilation, or any volume thereof, or any supplementation thereto, shall not be printed in any official supplement published for any period prior to the date as of which such new edition, volume, or supplementation is published.
§ 104. Departmental cooperation. The secretary of state may advise with the several departments, boards, bureaus, officers, authorities, commissions and other agencies of the state which are authorized by statute to issue codes, rules or regulations, to the end that the same may, so far as possible, be uniform in style and form, be properly numbered and captioned and be free from matter which is obsolete.
§ 105. Changes in codes, rules or regulations. Changes in any code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state shall be made by a department, board, bureau, officer, authority, commission or other agency of the state only by addition, amendment or repeal. Every resolution or order affecting such an addition, amendment or repeal shall refer to the appropriate title and to the appropriate section or paragraph as published in the official compilation or supplement thereto. In the case of a proposed new code, rule or regulation except such as relates solely to the organization or internal management of a department, board, bureau, authority, commission or other agency of the state for which there is no appropriate title, the head of such department, board, bureau, authority, commission or other agency of the state shall confer with the secretary of state and shall, prior to the adoption of any resolution establishing such code, rule or regulation, have his approval in writing of the proposed title, captions and numbers of such code, rule or regulation and any parts, paragraphs or sections thereof.
§ 106. Proof of codes, rules and regulations. Any code, rule or regulation of the state of New York may be read in evidence from the official compilation or supplement thereto. To entitle any copy of a code, rule or regulation published, other than those published in such official compilation or supplement thereto, to be read in evidence there shall be contained in the same book or pamphlet a printed certificate of the secretary of state that such copy is a correct transcript of the text of the code, rule or regulation as published in such official compilation or supplement thereto. For such a certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.
§ 106-a. Internet access to the New York code, rules and regulations. The department of state shall post or maintain a link on its website to an unofficial version of the New York codes, rules, and regulations, which shall be provided at no cost to the end users. All state agencies which have adopted rules and regulations shall maintain a link to the department of state website which contains such link.
§ 107. Intergovernmental agreements. 1. The secretary of state shall compile and keep current a list of all interstate compacts and other intergovernmental agreements between or among states, subdivisions of this state and other states, or between this state or any subdivision thereof and the federal government having the force of law to which this state or any subdivision thereof is party. Such list shall contain the citations to the statutes or other official documents of this state containing the text of any such compact or agreement together with a listing of all other jurisdictions party to the compact or agreement, the date on which each such jurisdiction entered into participation in such compact or agreement with this state or subdivision thereof; the status of each such compact or agreement in respect of withdrawals therefrom and the citations to any act or resolution of the congress of the United States, if any, consenting to such compact or agreement. The list required to be kept pursuant to this subdivision also shall include compacts and agreements adopted by this state or any subdivision thereof but not in effect by reason of the absence of such other parties thereto as may be necessary to make the compact or agreement effective and binding.
2. In any case where the statutes of this state do not contain the full text of a compact or agreement to which subdivision one of this section applies, the secretary of state shall receive a true copy of the compact or agreement and keep the same on file.
3. Any amendment, supplementary agreement or administrative rule or regulation having the force of law implementing, adding to or modifying any such compact or agreement to which this state or a subdivision thereof is party shall be listed or filed in the same manner as the compact or agreement itself.
§ 130. Appointment of notaries public. 1. The secretary of state may appoint and commission as many notaries public for the state of New York as in his or her judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the state. The appointment of a notary public shall be for a term of four years. An application for an appointment as notary public shall be in form and set forth such matters as the secretary of state shall prescribe. Every person appointed as notary public must, at the time of his or her appointment, be a resident of the state of New York or have an office or place of business in New York state. A notary public who is a resident of the state and who moves out of the state but still maintains a place of business or an office in New York state does not vacate his or her office as a notary public. A notary public who is a nonresident and who ceases to have an office or place of business in this state, vacates his or her office as a notary public. A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state shall vacate his or her office as a notary public. A non-resident who accepts the office of notary public in this state thereby appoints the secretary of state as the person upon whom process can be served on his or her behalf. Before issuing to any applicant a commission as notary public, unless he or she be an attorney and counsellor at law duly admitted to practice in this state or a court clerk of the unified court system who has been appointed to such position after taking a civil service promotional examination in the court clerk series of titles, the secretary of state shall satisfy himself or herself that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public; provided, however, that where a notary public applies, before the expiration of his or her term, for reappointment with the county clerk or where a person whose term as notary public shall have expired applies within six months thereafter for reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or was unable to re-apply by reason of his or her induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable, or if the applicant has a qualifying condition, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service, or if the applicant is a discharged LGBT veteran, as defined in section one of the veterans' services law, within a period of one year after the applicant has received a discharge other than bad conduct or dishonorable from such service. In any case, the appointment or reappointment of any applicant is in the discretion of the secretary of state. The secretary of state may suspend or remove from office, for misconduct, any notary public appointed by him or her but no such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him or her and have an opportunity of being heard. No person shall be appointed as a notary public under this article who has been convicted, in this state or any other state or territory, of a crime, unless the secretary makes a finding in conformance with all applicable statutory requirements, including those contained in article twenty-three-A of the correction law, that such convictions do not constitute a bar to appointment.
2. A person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the state, may be appointed a notary public and retain his office as such notary public although he resides in or removes to an adjoining state. For the purpose of this and the following sections of this article such person shall be deemed a resident of the county where he maintains such office.
§ 131. Procedure of appointment; fees and commissions; fee payment methods. 1. New appointment. (a) Applicants for a notary public commission shall submit to the secretary of state with their application, the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from applicants for appointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) A notary public identification card indicating the appointee's name, address, county and commission term shall be transmitted to the appointee.
(e) The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and twenty dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk. For purposes of this section, "electronic" shall have the same meaning as set forth in section three hundred two of the state technology law.
(f) The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section.
2. Reappointment. (a) Applicants for reappointment of a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.
(b) Upon being satisfied of the completeness of the application for reappointment, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.
(c) The secretary of state shall receive a non-refundable application fee of sixty dollars from each applicant for reappointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission.
(d) The commission, duly dated, and a certified or original copy of the oath of office and the official signature, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the secretary of state to the county clerk of the county in which the appointee resides by the tenth day of the following month. Transmission may be accomplished by electronic means that results in a submission of such records and fees by the secretary of state to the county clerk.
(e) The county clerk shall make a proper record of commissions transmitted to that office by the secretary of state pursuant to the provisions of this section.
3. Electronic notarization. (a) After registration of the capability to perform electronic notarial acts pursuant to section one hundred thirty-five-c of this article, the secretary of state shall transmit to the county clerk the exemplar of the notary public's electronic signature and any change in commission number or expiration date of the notary public's commission. Transmission may be accomplished by electronic means.
(b) Registration of the capability to perform electronic notarizations shall be treated as a new appointment by the secretary of state.
4. Fees. (a) Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public.
(b) The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces.
(c) The secretary of state shall accept payment for any fee relating to appointment or reappointment as a notary in the form of cash, money order, certified check, company check, bank check or personal check. The secretary of state may provide for accepting payment of any such fee due by credit or debit card, which may include payment through the internet.
§ 132. Certificates of official character of notaries public. The secretary of state or the county clerk of the county in which the commission of a notary public is filed may certify to the official character of such notary public and any notary public may file their autograph signature and a certificate of official character in the office of any county clerk of any county in the state and in any register's office in any county having a register and thereafter such county clerk may certify as to the official character of such notary public. The secretary of state shall collect for each certificate of official character issued the sum of one dollar. The county clerk and register of any county with whom a certificate of official character has been filed shall collect for filing the same the sum of ten dollars. For each certificate of official character issued, with seal attached, by any county clerk, the sum of five dollars shall be collected.
§ 133. Certification of notarial signatures. The county clerk of a county in whose office any notary public has qualified or has filed their autograph signature and a certificate of official character, shall, when so requested and upon payment of a fee of three dollars, affix to any certificate of proof or acknowledgment or oath signed by such notary anywhere in the state of New York, a certificate under their hand and seal, stating that a commission or a certificate of official character of such notary with their autograph signature has been filed in the county clerk's office, and that the county clerk was at the time of taking such proof or acknowledgment or oath duly authorized to take the same; that the county clerk is well acquainted with the handwriting of such notary public or has compared the signature on the certificate of proof or acknowledgment or oath with the autograph signature deposited in their office by such notary public and believes that the signature is genuine. An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this state in respect to which a certificate of a county clerk may be necessary for either purpose. In addition to the foregoing powers, a county clerk of a county in whose office a notary public has qualified may certify the signature of an electronic notary public, registered with the secretary of state pursuant to section one hundred thirty-five-c of this article, provided such county clerk has received from the secretary of state, an exemplar of the notary public's registered electronic signature.
§ 134. Signature and seal of county clerk. The signature and seal of a county clerk, upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds, may be a facsimile, printed, stamped, photographed or engraved thereon.
§ 135. Powers and duties; in general; of notaries public who are attorneys at law. Every notary public duly qualified is hereby authorized and empowered within and throughout the state to administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction.
A notary public who is an attorney at law regularly admitted to practice in this state may, in his discretion, administer an oath or affirmation to or take the affidavit or acknowledgment of his client in respect of any matter, claim, action or proceeding.
For any misconduct by a notary public in the performance of any of his powers such notary public shall be liable to the parties injured for all damages sustained by them. A notary public shall not, directly or indirectly, demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee or reward than seventy-five cents for such protest, and ten cents for each notice, not exceeding five, on any bill or note. Every notary public having a seal shall, except as otherwise provided, and when requested, affix his seal to such protest free of expense.
§ 138. Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation. A notary public, justice of the supreme court, a judge, clerk, deputy clerk, or special deputy clerk of a court, an official examiner of title, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds, who is a stockholder, director, officer or employee of a corporation may take the acknowledgment or proof of any party to a written instrument executed to or by such corporation, or administer an oath to any other stockholder, director, officer, employee or agent of such corporation, and such notary public may protest for non-acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation; but none of the officers above named shall take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if such officer taking such acknowledgment or proof be a party executing such instrument, either individually or as representative of such corporation, nor shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same. All such acknowledgments or proofs of deeds, mortgages or other written instruments, relating to real property heretofore taken before any of the officers aforesaid are confirmed. This act shall not affect any action or legal proceeding now pending.
§ 141. Commissioners of deeds in other states, territories and foreign countries. The secretary of state may, in his discretion, appoint and commission in any other state, territory or dependency, or in any foreign country, such number of commissioners of deeds as he may think proper, each of whom shall be a resident of or have his place of business in the city, county, municipality or other political subdivision from which chosen, and shall hold office for the term of four years, unless such appointment shall be sooner revoked by the secretary of state, who shall have power to revoke the same. A person applying for appointment as a commissioner of deeds shall state in his application the city, county, municipality or other political subdivision for which he desires to be appointed, and shall enclose with his application the sum of twenty-five dollars, which sum, if a commission shall be granted, shall be paid by the secretary of state into the state treasury, and if such commission shall not be granted, then the same shall be returned to the person making the application. Each commissioner, before performing any of the duties or exercising any of the powers of his office, shall take the constitutional oath of office, if appointed for a city or county within the United States, before a justice of the peace or some other magistrate in such city or county; and if for a territory or dependency, before a judge of a court of record in such territory or dependency; and if for a city, municipality or other political subdivision in a foreign country, before a person authorized by the laws of this state to administer an oath in such country, or before a clerk or judge of a court of record in such foreign country; and shall cause to be prepared an official seal on which shall be designated his name, the words, "commissioner of deeds for the state of New York," and the name of the city or county, and the state, country, municipality or other political subdivision from which appointed, and shall file a clear impression of such seal, his written signature and his oath certified by the officer before whom it was taken, in the office of the department of state. The secretary of state upon receipt of such impression, signature and oath, shall forward to such commissioner instructions and forms, and a copy of the appropriate sections of this chapter.
§ 142. Powers of such commissioners. Every such commissioner shall have authority, within the city, county, municipality or other political subdivision for which he is appointed, and in the manner in which such acts are performed by authorized officers within the state:
2. To administer oaths.
ARTICLE 6-B SERVICES TO LOCALITIES
Section 150. Legislative findings.
151. Definitions.
152. General functions, powers and duties.
153. Specific powers, functions and duties.
§ 150. Legislative findings. The legislature hereby finds and declares that:
1. Strong local government has been a major positive factor in the political, economic and social development of the state;
2. The future welfare of the state depends in large measure on the effectiveness of local government and of its relationships to state government;
3. Population shifts and other economic and social trends have brought new problems to local government;
4. The state has the responsibility toward local government to coordinate state services and information for the benefit of local government, to assist in the solution of its problems, and otherwise to help local government in making itself as strong and effective as possible;
5. The need for a more rational planning process requires a high degree of local, state and interstate cooperation;
6. The need for a single state agency to review and comment on local planning efforts of statewide significance, state agency planning and interstate planning commission programs is recognized;
7. A common data base developed by the official state planning agency in conjunction with planning efforts at all levels of government is essential to effective planning; and
8. State planning and development policies should promote planning programs among state agencies and between levels of government that maximize environmental and economic benefits to the localities.
§ 151. Definitions. As used in this article, the term "municipalities" shall include public corporations as defined in subdivision one of section sixty-six of the general construction law and special districts as defined in subdivision sixteen of section one hundred two of the real property tax law.
§ 152. General functions, powers and duties. The department of state, by and through the secretary of state or duly authorized officers or employees, shall have the following functions, powers and duties:
1. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with municipalities to the end of providing more effective services to such municipalities.
2. To keep the governor informed as to the problems of municipalities and to advise and assist in formulating policies with respect thereto and utilizing the resources of the state government for the benefit of municipalities.
3. To serve as a clearinghouse, for the benefit of municipalities, regarding information relating to their common problems and to the state and federal services available to assist in the solution of those problems.
4. To refer municipalities to the appropriate departments and agencies of the state and federal governments for advice, assistance and available services in connection with particular problems
5. To advise and assist municipalities in the solution of particular problems.
6. To conduct studies and analyses of the problems of municipalities and to make the results thereof available as the secretary may deem appropriate.
7. To encourage and assist cooperative efforts among municipalities in developing among themselves solutions of their common problems.
8. To encourage expansion and improvement of training made available to municipal officials, in cooperation with municipalities and the organizations representing them.
9. To consult with and cooperate with municipalities and officers, organizations, groups and individuals representing them, to the end of more effectively carrying out the functions, powers and duties of the department.
10. To encourage and facilitate cooperation and collaboration among agencies and levels of government, and between government and the private sector, for the protection and development of human, natural and man-made resources.
11. To advise and assist municipalities in the performance of their planning and development activities.
12. To aid and assist, in the provision and coordination of state technical assistance and services in connection with the planning and development activities of municipalities.
13. To provide assistance and guidance to municipalities and, as appropriate, to the private sector, through the compilation, formulation and dissemination of necessary information, projections and techniques relating to development of resources.
14. To undertake any studies, inquiries, surveys or analyses necessary for performance of the functions, powers and duties of the department through the personnel of the department or consultants, or in cooperation with any public or private agencies.
15. To adopt, amend or rescind such rules, regulations and orders as may be necessary or convenient for the performance of its functions, powers and duties under this article.
16. To enter into contracts with any persons, firm, corporation or governmental agency, and to do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
17. To effectuate the purposes of this article, and to enable the department properly to carry out its functions, powers and duties, the secretary of state may request from any state department or agency or from any municipality, and the same are hereby authorized to provide, appropriate assistance, services and data.
22. To prepare and recommend to the legislature and the governor legislative proposals relating to municipalities.
23. With the approval of the governor, to accept and administer as agent of the state any gift, grant, devise or bequest, whether conditional or unconditional, including federal grants, for any of the purposes of this article. Any moneys so received may be expended subject to the same limitations as to approval of expenditures and audits as are prescribed for state moneys.
§ 153. Specific powers, functions and duties. The department of state shall have the following specific powers, functions and duties:
1. (a) To act as the official state planning agency for all of the purposes of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four, as heretofore and hereafter amended, except as otherwise provided by law.
(b) To act as agent for, and enter into contracts and otherwise cooperate with, the federal government in connection with the authority referred to in paragraph (a) of this subdivision, and as such agent to administer any grant or advance of funds for the assistance of any such activities to the state, or through the state to the governing bodies of municipalities, legally constituted metropolitan or regional planning agencies, and tribal councils or other legally constituted tribal bodies for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, complying with the provisions of such grants or advances.
(c) To present any claim, other than claims required by law to be presented by the commissioner of transportation, to the federal government or any agency or official thereof with respect to the funds made available for the purposes specified in paragraphs (a) and (b) of this subdivision.
(d) To enter into a contract or contracts with any municipality, legally constituted metropolitan or regional planning agency, or tribal council or other legally constituted tribal body for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, in connection with the authority provided in paragraph (a) of this subdivision for grants to be made to such municipality, planning agency or tribal council or other legally constituted tribal body by the state, within amounts appropriated therefor, for planning projects approved by the secretary, which contracts shall provide that the approved cost of a planning project, over and above the amount which may be received from federal grants therefor, shall be borne in an amount not to exceed one-half thereof by the state pursuant to such contracts and the remainder thereof out of local funds appropriated therefor by such municipality, planning agency or tribal council or other legally constituted tribal body.
2. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; and to take any further action which may be required under the terms of any such federal act.
3. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal public works and economic development act of nineteen hundred sixty-five, as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; to review and approve overall economic development programs prepared under the provisions of such federal acts as to the qualifications of the area or district organization and the adequacy and reasonableness of such programs, and every political subdivision of the state, or private or public non-profit organization or association submitting an overall economic development program to the federal government must submit such overall economic development program for review by the department of state; to act on behalf of the political subdivisions of the state in connection with making findings that projects for which financial assistance is sought under the provisions of such federal acts are consistent with an overall program for the economic development of the area; and to take any further action which may be required under the terms of any such federal acts, including but not limited to delineating economic development districts and economic development regions and providing for the administration of such districts and regions in any manner deemed appropriate by the department, except that with regard to section three hundred two of such act, the governor shall designate the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of such section.
5. (a) To make or contract to make, within appropriations therefor, state grants to municipalities to cover fifty per centum of the costs to municipalities of preparing applications to the federal government for federal assistance for the planning of comprehensive city demonstration programs as authorized under title one of the demonstration cities and metropolitan development act of nineteen hundred sixty-six as modified by the provisions of title I of the housing and community development act of nineteen hundred seventy-four, and any federal laws as heretofore and hereafter amended, as such costs shall be certified by the municipality and approved by the secretary of state.
(b) In the case of municipalities which have contracted with the federal government for a federal grant to assist in financing the costs of planning comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, to make or contract to make, within appropriations therefor, state grants to such municipalities to cover fifty per centum of the net cost to the municipality of undertaking and completing such planning, exclusive of any federal assistance, as such net cost shall be certified by the municipality and approved by the secretary of state, but in no event shall such state grants exceed one-eighth of the federal grant.
(c) In the case of municipalities which have had applications approved by the federal government for federal assistance for the planning of comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, but for which federal funds are not then available, to make or contract to make, within appropriations therefor, state grants to such municipalities in an amount not to exceed ninety per centum of the reasonably anticipated costs of undertaking and completing such planning, as such costs shall be certified by the municipality and approved by the secretary of state; provided, however, that no such grant shall be made unless the municipality agrees to repay such grant out of federal funds made available to the municipality for such planning, when and to the extent such federal funds are made available.
(d) In carrying out the functions, powers and duties prescribed in paragraphs (a), (b) and (c) of this subdivision and in developing plans and applications under title one of the housing and community development act of nineteen hundred seventy-four, to provide such technical assistance to the municipalities as the secretary of state determines to be appropriate.
6. The department of taxation and finance is hereby designated to accept and receive all grants and advances from the federal government pursuant to the provisions of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four and the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five and the federal public works and economic development act of nineteen hundred sixty-five and the federal fire prevention and control act of nineteen hundred seventy-four, as such acts may be amended from time to time, which are provided for the purposes specified in subdivisions one, two, three, four and five of this section and all moneys so accepted and received shall be deposited by the department of taxation and finance in special funds for use exclusively for the purposes for which such grants or advances were made. Payment from such special funds shall be made upon audit and warrant of the comptroller upon vouchers approved by the secretary.
7. Nothing contained in this section shall be deemed to derogate or detract in any way from the functions, powers and duties prescribed by law of any state department or agency or any municipality, nor to interrupt or preclude the direct relationships of any such department or agency with any such municipality for the carrying out of such functions, powers and duties.
ARTICLE 7 MISCELLANEOUS PROVISIONS
Section 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous.
162. Contracts for professional services of state and municipal employees.
163. Contracts for services of state agencies.
163-a. Contracts with Green Thumb Environmental Beautification, Incorporated.
164. Reports by and to the department.
164-a. Report and publication economy regulations.
164-b. State aid to rural areas; agency reports.
164-c. Printing cost reduction notices.
164-d. Availability of application forms.
165. Commission on uniform state laws; object; membership; term of office; expenses.
166. Record of appearances.
167. Advertising and publicizing summer camps cited as subversive.
168. Notices to attorneys at law by state bodies or officers.
168-a. Designation of days of commemoration.
169. Salaries of certain state officers.
170. Audit of agencies by the state comptroller; reports of corrective action.
170-a. Celebration of Rosa Parks; bus companies.
170-b. Employee loans.
170-b*2. Racial references contained in state and municipal forms.
170-c. Regulatory penalties for small businesses.
170-d. Disclosure of disabled tenants' rights.
170-e. Disclosure of lawful source of income rights to prospective tenants.
170-e*2. Collection of demographic information.
170-f. Website accessibility; contractors and vendors.
171. Discovery and disposition of human remains and funerary objects.
§ 161. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous. 1. Each of the following officers, to wit: the secretary of state, the comptroller, the commissioner of taxation and finance, the attorney general, the public service commission, the commissioner of agriculture and markets, the commissioner of transportation, the industrial commissioner, the chairman of the state labor relations board, the chairman of the state liquor authority, the superintendent of financial services, the state commissioner of human rights, the commissioner of general services and the commissioner of housing and community renewal may require search to be made, in the office of any of the others, or of a county clerk or of the clerk of a court of record, for any record, document, or paper, where he or she deems it necessary for the discharge of his or her official duties, and a copy thereof, or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge.
2. No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a division or bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a division or bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor; nor shall any court clerk demand or receive from any of said state officers, or from a division or bureau of said state officers, any trial or jury fee upon filing in any court in this state a note of issue or demand for a jury trial.
3. Such salaried officer shall also furnish the services herein specified to any state department or a bureau or agency thereof acting as an agent of the state in the acquisition of real property, without the payment of any fee or charge.
§ 164-d. Availability of application forms. 1. The state and every state agency, department, bureau, board, authority, office, commission, or any other instrumentality of the state shall make the various application forms developed and distributed by such agency or instrumentality for public use that are readily convertible to internet form and are intended to be commonly used by the general public available on the internet.
2. Nothing in this section shall require that an agency or other state entity or instrumentality accept or process application forms submitted through the internet, or post application forms including user-specific data on the internet.
3. The office of information technology services shall promulgate rules and regulations to implement the provisions of this section. Such rules shall at least provide for the prioritization and timing for making application forms available on the internet.
§ 165. Commission on uniform state laws; object; membership; term of office; expenses. The commission on uniform state laws is continued. It shall be the object of the commission to examine various statutes and fields of law and to consult and cooperate with similar commissions in other states with a view to promoting uniform legislation throughout the United States whenever practicable. The commission may recommend such legislation as may accomplish its objective. It shall consist of five members appointed by the governor. The members shall hold office and may be removed at the pleasure of the governor. The commission shall serve without compensation, but each commissioner shall be entitled to receive his actual disbursements for his expenses in performing the duties of his office. The commission may employ such persons and incur such expenses as may be necessary for the performance of its duties within the amounts appropriated therefor. The commission shall report to the legislature whenever the commission deems it necessary and shall report to the legislature upon its request. Such reports shall consist of an account of the transactions of the commission and its advice and recommendations.
§ 166. Record of appearances. Every regulatory agency of the state shall keep a record of appearances before it or its appropriate divisions or bureaus of attorneys, agents and representatives appearing on behalf of any person, firm, corporation or association subject to its regulatory jurisdiction, for which they receive a fee, which record shall be open to public inspection. Each regulatory agency shall file the record with the New York temporary state commission on lobbying on forms prescribed by the commission. The record shall be filed quarterly on the fifteenth day of the month following the end of the quarter. The term "regulatory agency" as used in this section shall mean the department of financial services, department of financial services, state liquor authority, department of agriculture and markets, department of education, department of environmental conservation, department of health, division of housing and community renewal, department of state, other than the division of corporations and state records, department of public service, the industrial board of appeals in the department of labor and the department of law, other than when the attorney general or his agents or employees are performing duties specified in section sixty-three of this chapter.
§ 168. Notices to attorneys at law by state bodies or officers. 1. Whenever a person is involved as a party in a proceeding before any body or officer exercising quasi-judicial or administrative functions, and an attorney at law has filed a notice of appearance in such proceeding on behalf of such person, a copy of all subsequent written communications or notices to such person in such proceeding (other than subpoenas) shall be sent to such attorney at law, and if any such subsequent written communication or notice is sent to the party in the proceeding, a copy of the same shall be sent to the attorney at law at the same time. Every such body or officer is authorized to provide by rule or regulation for the manner in which compliance with the requirements of this section shall be effected, including, but not limited to, the form and content of notices of appearance, the manner in which an attorney at law shall file his notice of appearance in a proceeding, and the manner in which written communications or notices shall be sent to the attorney at law.
2. For the purpose of this section:
(a) "person" shall mean one or more individuals, partnerships, corporations or associations;
(b) "proceeding" shall mean any quasi-judicial or administrative procedure instituted by a written application by a person to a body or officer, by a notice of assessment given by a body or officer to a person, by a written complaint addressed by a body or officer or transmitted by a body or officer to a person, or by a notice of any hearing before a body or officer whether or not such hearing is prescribed by statute.
3. This section shall not apply to preliminary investigations.
§ 168-a. Designation of days of commemoration. 1. A day of commemoration is a calendar day so designated by this section or a calendar day in any one year so designated by a proclamation of the governor or resolution of the Senate and Assembly jointly adopted.
2. A day of commemoration shall not constitute a holiday or half-holiday but shall be a day set aside in recognition and special honor of a person, persons, group ideal or goal.
3. The following days shall be days of commemoration in each year: January sixth, to be known as "Haym Salomon Day", January twenty-seventh, to be known as "Holocaust Remembrance Day", February fourth, to be known as "Rosa Parks Day", February fifteenth, to be known as "Susan B. Anthony Day", February sixteenth, to be known as "Lithuanian Independence Day", February twenty-eighth, to be known as "Gulf War Veterans' Day", March fourth, to be known as "Pulaski Day", March tenth, to be known as "Harriet Tubman Day", March twenty-ninth, to be known as "Vietnam Veterans' Day", April ninth, to be known as "POW Recognition Day", April twenty-seventh, to be known as "Coretta Scott King Day", April twenty-eighth, to be known as "Workers' Memorial Day", the first Tuesday in May to be known as "New York State Teacher Day", May seventeenth, to be known as "Thurgood Marshall Day", the first Sunday in June, to be known as "Children's Day", June second, to be known as "Italian Independence Day", June twelfth, to be known as "Women Veterans Recognition Day", June nineteenth, to be known as "Juneteenth Freedom Day", June twenty-fifth, to be known as "Korean War Veterans' Day", the second Monday in July, to be known as "Abolition Commemoration Day", August twenty-fourth, to be known as "Ukrainian Independence Day", August twenty-sixth, to be known as "Women's Equality Day", September eleventh, to be known as "Battle of Plattsburgh Day" and also to be known as "September 11th Remembrance Day", September thirteenth, to be known as "John Barry Day" and also to be known as "Uncle Sam Day in the State of New York", September seventeenth, to be known as "Friedrich Wilhelm von Steuben Memorial Day", the third Friday in September to be known as "New York State POW/MIA Recognition Day" except if such date of commemoration cannot be observed due to a religious holiday, such observances shall then be conducted on the second Friday of September, the last Saturday in September, to be known as "War of 1812 Day", the fourth Saturday of September, known as "Native-American Day", the last Sunday in September, to be known as "Gold Star Mothers' Day", October fifth, to be known as "Raoul Wallenberg Day", October eleventh, to be known as "New Netherland Day in the State of New York", October eighteenth, to be known as "Disabilities History Day", October twenty-seventh, to be known as "Theodore Roosevelt Day", November ninth, to be known as "Witness for Tolerance Day", November twelfth, to be known as "Elizabeth Cady Stanton Day", the third Tuesday in November to be known as "New York State School-Related Professionals Recognition Day", November thirtieth, to be known as "Shirley Chisholm Day", December third, to be known as "International Day of Persons with Disabilities", December seventh, to be known as "Pearl Harbor Day", December sixteenth, to be known as "Bastogne Day" and that day of the Asian lunar calendar designated as new year to be known as "Asian New Year".
* § 170-b. Racial references contained in state and municipal forms. No form or preprinted document utilized by a state agency or public authority or by a municipality shall use the term "oriental" to identify or denote persons of Asian or Pacific Islander heritage. Any form or preprinted document utilizing such term shall be amended no later than January first, two thousand ten to replace the term "oriental" with the term "Asian" or to otherwise refer to such persons as being Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
* § 170-e. Collection of demographic information. 1. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following Asian and Pacific Islander groups in New York state:
(a) each major Asian group shall include Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the ten most populous Asian groups in the most recent five-year American community survey published by the United States Census Bureau; and
(b) each major Pacific Islander group shall include Native Hawaiian, Guamanian and Chamorro, and Samoan; or
(c) collection categories shall include a category for other Asian or Pacific Island group.
2. Every state agency, board, department, or commission that directly collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for the following:
(a) the primary language spoken at home; and
(b) the ethnic group or ancestry.
3. Upon the release of a new five-year American community survey published by the United States Census Bureau, every state agency, board, department or commission shall update their data collection and reporting practices as required by this section and shall continue to collect and report on any demographic group no longer included in the ten most populous groups until the release of the following five-year American community survey, at which time state agencies, boards, departments or commissions may cease to collect and report on such demographic groups provided they remain outside the ten most populous groups.
4. The data collected pursuant to the different collection categories and tabulations described in subdivision one of this section, to the degree that the data quality is sufficient, shall be included in every demographic report on ancestry or ethnic origins of residents of the state of New York by the state agency, board, department, or commission published or released on or after December first, two thousand twenty-three; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet web site of the agency, board, department, or commission on or before December first, two thousand twenty-three, and annually thereafter; provided, however, that for the department of labor, division of criminal justice services, office of mental health and office of temporary and disability assistance such requirements shall be effective July first, two thousand twenty-four. If the data quality is determined to be insufficient for publication, an explanation of the problem with the data quality shall be included in any report or publication made available to the public. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision one of this section on the agency's internet web site, in the manner prescribed by this section.
5. The requirements of this section shall not apply to the department of labor, the division of criminal justice services, the office of mental health or the office of temporary and disability assistance until two years after this section shall have become a law.
ARTICLE 7-A SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
Section 171-a. Definitions.
172. Registration of charitable organizations.
172-a. Certain persons exempted.
172-b. Reports by registered charitable organizations; registration to be cancelled for failure to file.
172-c. Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process.
172-d. Prohibited activity.
172-e. Disclosure of certain donations by charitable non-profit entities.
172-f. Disclosure of certain activities by non-charitable non-profit entities.
173. Professional fund-raisers, commercial co-venturers and fund raising counsel.
173-a. Contracts of professional fund raisers, fund raising counsel and commercial co-venturers; closing statements; final accountings.
173-b. Professional solicitor.
173-c. Non-resident professional fund-raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secretary of state as agent for service of process; service of process.
174. Solicitation by unregistered charitable organizations, professional fund-raisers or commercial co-venturers a fraud upon the people of the state.
174-a. Contracts with charitable organizations.
174-b. Solicitation.
174-c. Sales advertised to benefit a charitable organization.
174-d. Unauthorized use of names when soliciting or collecting contributions.
175. Enforcement by attorney general.
175-a. Application of article.
175-b. Municipal option.
176. Advisory council.
177. Administration and enforcement by secretary of state.
§ 171-a. Definitions. The following words and phrases as used in this article shall have the following meanings unless a different meaning is required by the context. 1. "Charitable organizations." Any benevolent, philanthropic, patriotic, or eleemosynary person or one purporting to be such or law enforcement support organization as defined in subdivision eleven of this section.
2. "Contribution." The promise or grant of any money or property of any kind or value, whether or not in combination with the sale of goods, services, entertainment or any other thing of value, including a grant or other financial assistance from any agency of government, except payments by members of any organization for membership, for services or other benefit, other than the right to vote for directors or trustees, elect officers, or hold offices.
3. "Person." Any individual, organization, group, association, partnership, corporation, or any combination of them.
4. "Professional fund raiser." Any person who directly or indirectly, by contract, including but not limited to sub-contract, letter or other agreement or other engagement on any basis, for compensation or other consideration (a) plans, manages, conducts, carries on, or assists in connection with a charitable solicitation or who employs or otherwise engages on any basis another person to solicit from persons in this state for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting for such purpose; (b) solicits on behalf of a charitable organization or any other person; or (c) who advertises that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization but is not a commercial co-venturer. A bona fide director, trustee, officer, volunteer or employee of a charitable organization or fund raising counsel shall not be deemed a professional fund raiser.
7. "Secretary." The secretary of state.
9. "Fund raising counsel." Any person who for compensation consults with a charitable organization or who plans, manages, advises, or assists with respect to the solicitation in this state of contributions for or on behalf of a charitable organization, but who does not have access to contributions or other receipts from a solicitation or authority to pay expenses associated with a solicitation and who does not solicit. A bona fide officer, volunteer, or employee of a charitable organization or an attorney at law retained by a charitable organization or an individual engaged solely to draft applications for funding from a governmental agency or an entity exempt from taxation pursuant to section 501(c)(3) of the internal revenue code, shall not be deemed a fund raising counsel.
10. "Solicit." To directly or indirectly make a request for a contribution, whether express or implied, through any medium. A "solicitation" shall be deemed to have taken place whether or not a contribution is made. For purposes of this article, a "solicitation" or a "solicitation of contributions" includes any advertising which represents that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization. Provided, however, that the printing and the mailing of a written solicitation for funds or any other thing of value to benefit a charitable organization shall not alone constitute soliciting on the part of persons who printed and mailed such solicitation if such persons do not otherwise solicit, receive or have access to contributions.
11. "Law enforcement support organization." Any organization, association, union or conference of or purporting to be of current or former law enforcement officers, including, without limitation, peace officers and police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, sheriffs, deputy sheriffs, detectives, investigators or constables or any auxiliary or affiliate of such an organization, association, union or conference composed of one or more such organizations.
12. "Attorney general". The attorney general of the state of New York.
§ 172. Registration of charitable organizations. 1. Every charitable organization, and any charitable organization registered or required to be registered pursuant to article eight of the estates, powers and trusts law, except as otherwise provided in section one hundred seventy-two-a of this article, which intends to solicit contributions from persons in this state or from any governmental agency shall, prior to any solicitation, file with the attorney general a prescribed registration form that includes, but is not limited to, the following information:
(a) The name of the organization and the name or names under which it intends to solicit contributions.
(b) The names and business, residence, or other addresses where each can regularly be found of the officers, directors, trustees, and executive personnel of the organization.
(c) The addresses of the organization and the addresses of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records.
(d) Where and when the organization was established, the form of its organization, its tax exempt status together with a copy of the most recent letter of exemption, if any, issued by the internal revenue service, the most recent communication from the internal revenue service regarding any audit thereby, if any, and a copy of any certificate of incorporation, by-laws, amendments and other operative organizational documents.
(e) A clear description of the specific programs stating whether in existence or planned for which the contributions to be solicited will be used.
(f) The date on which the fiscal year of the organization ends.
(g) Whether the organization is authorized by any other governmental authority to solicit contributions and whether it or any of its present officers, directors, executive personnel or trustees are or have ever been fined or otherwise penalized or enjoined from soliciting contributions or have been found to have engaged in unlawful practices regarding solicitation of contributions or administration of charitable assets and whether its registration or license has been suspended or cancelled by any court or other governmental agency together with the identity of such courts or governmental agencies and the reasons for such fine, penalty, injunction, suspension or cancellation.
(h) The names and addresses of any professional fund raisers, fund raising counsels and commercial co-venturers who are acting or have agreed to act on behalf of the organization.
(i) A copy of its annual report, if any, for the immediately preceding fiscal year in accordance with the requirements of section one hundred seventy-two-b of this article.
(j) The names and addresses of any chapters, branches, affiliates or organizations that share in the contributions or other revenue raised in this state.
2. The registration form shall be signed under penalties for perjury by the president or other authorized officer and the chief fiscal officer of the organization.
3. At the time of filing such registration, each charitable organization shall pay to the attorney general a fee of twenty-five dollars.
4. Any charitable organization required to register with the attorney general pursuant to this article and properly registered pursuant to article eight of the estates, powers and trusts law that has not previously registered pursuant to this article shall not be required to register separately, but shall file with the attorney general a statement that it is registered pursuant to article eight of the estates, powers and trusts law. Such statement shall be accompanied by all additional documents required to complete registration pursuant to this article, including any additional financial filings required by this article.
5. Registration pursuant to this article shall remain in effect unless it is either cancelled as provided in this article, withdrawn by the organization or the organization has failed to file the required financial report and such failure has not been remedied pursuant to subdivision seven of this section.
6. Every registered organization shall file with the attorney general within thirty days of any material change in the information required to be furnished by such organization under subdivision one of this section a prescribed form stating any such changes and signed under penalties for perjury by the president or other authorized officer of the organization.
7. In no event shall a registration of a charitable organization to solicit contributions in New York pursuant to this article continue, or be continued, in effect after the date such organization should have filed, but failed to file, a financial report in accordance with the requirements of section one hundred seventy-two-b of this article, and such organization shall not be eligible to file a new registration pursuant to this article until it shall have filed the required financial report or reports with the attorney general. If any such report is subsequently filed such organization shall file a new registration pursuant to this article, upon the payment of a re-registration fee of one hundred fifty dollars to the attorney general.
8. Forms, financial reports, professional fund raisers' contracts, and other documents required to be filed pursuant to this article become public records of the attorney general, except that where such records are forms including the names, addresses or telephone numbers of contributors and amounts contributed by them, such names, addresses, and telephone numbers of contributors and amounts contributed by them shall not be a public record and shall not be subject to disclosure pursuant to article six of the public officers law, and the attorney general shall keep such information confidential, except when authorized by a court order, and use it solely for the purpose of conducting investigations and litigation to enforce the not-for-profit corporation and religious corporation laws, the provisions of this article, article eight of the estates, powers and trusts law, and the attorney general's other authority to oversee charities and charitable assets.
9. No charitable organization, professional fund raiser, fund raising counsel or commercial co-venturer shall use or exploit the fact of its registration or the registration of any other registrant under this article or article eight of the estates, powers and trusts law so as to lead the public to believe that registration in any manner constitutes an endorsement or approval by the state.
10. To the extent practicable, the attorney general shall develop a single registration and uniform set of reporting forms to be filed in accordance with the requirements of this subdivision and those of section 8-1.4 of the estates, powers and trusts law. These forms shall avoid duplication with and make maximum use of information required in federal reporting forms filed with the attorney general.
§ 172-a. Certain persons exempted. 1. This article shall not apply to corporations organized under the religious corporations law, and other religious agencies and organizations, and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
2. The following persons shall not be required to register with the attorney general:
(a) An educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families.
(b) Fraternal, patriotic, social, alumni, law enforcement support organizations and historical societies chartered by the New York state board of regents when solicitation of contributions is confined to their membership.
§ 172-d. Prohibited activity. Except as exempted pursuant to subdivision one of section one hundred seventy-two-a of this article, in addition to other violations of this article no person shall:
§ 172-e. Disclosure of certain donations by charitable non-profit entities. 1. Definitions. For the purposes of this section:
(a) "Covered entity" shall mean any corporation or entity that is qualified as an exempt organization or entity by the United States Department of the Treasury under I.R.C. 501(c)(3) that is required to report to the department of law pursuant to this section.
(b) "In-kind donation" shall mean donations of staff, staff time, personnel or any other human resources, offices or office supplies, except that an in-kind donation shall not include an in-kind donation made by a person or entity in the course of an activity that is substantially related to accomplishing the covered entity's tax exempt purposes where the in-kind donator is offering or providing goods or services for substantially less than fair market value to individuals, corporations or groups, and those goods or services are actually purchased or consumed by wholly unaffiliated individuals, corporations or groups for no charge or substantially less than fair market value, and may include, but is not limited to, pro bono legal services and other forms of technical assistance.
§ 172-f. Disclosure of certain activities by non-charitable non-profit entities. 1. Definitions. (a) "Covered Entity" means any corporation or entity that is qualified as an exempt organization or entity by the United States Department of the Treasury under I.R.C. 501(c)(4).
§ 175. Enforcement by attorney general. 1. An action for violation of this article may be prosecuted by the attorney general, or his deputy, in the name of the people of the state, and in any such action, the attorney general or his deputy, shall exercise all the powers and perform all duties which the district attorney would otherwise be authorized to exercise or to perform therein.
2. In addition to any other action or proceeding authorized by law and any action or proceeding by the attorney general, the attorney general may bring an action or special proceeding in the supreme court, in the name and in behalf of the people of the state of New York, against a charitable organization and any other persons acting for it or in its behalf to enjoin such organization and/or persons from continuing the solicitation or collection of funds or property or engaging therein or doing any acts in furtherance thereof, and to cancel any registration statement previously filed with the attorney general pursuant to this article and for an order awarding restitution and damages, penalties and costs; and removing any director or other person responsible for the violation of this article; dissolving a corporation and other relief which the court may deem proper, whenever the attorney general shall have reason to believe that the charitable organization or other person:
§ 175-a. Application of article. This article shall not be construed to limit or restrict the exercise of the powers or the performance of the duties of the attorney general or district attorney which they otherwise are authorized to exercise or perform under any other provision of law.
§ 177. Administration and enforcement by attorney general. 1. The attorney general shall make rules and regulations necessary for the administration of this article including, but not limited to regulations and waiver procedures that will ensure that charitable organizations do not have to register twice in relation to the solicitation and administration of assets, and rules or regulations allowing or requiring any submission to the attorney general to be effected by electronic means.
ARTICLE 9 DIVISION OF MILITARY AND NAVAL AFFAIRS
Section 190. Division of military and naval affairs.
191. Restoration and display of New York state's military battle flags.
§ 190. Division of military and naval affairs. 1. Notwithstanding the provisions of any other law, the head of the division of military and naval affairs shall be the adjutant general who shall be appointed by the governor and who, except when any one of such officers shall be in the active service of the United States, shall be the commanding general of the New York army national guard, the commander of the New York air national guard or the commanding officer of the New York naval militia. The governor may exercise and perform his functions, powers and duties as commander-in-chief of the militia of the state in whole or in part through such division.
ARTICLE 10 OFFICE OF GENERAL SERVICES
Section 200. Office of general services.
201. State agency employee vehicle efficiency.
201-a. State clean-fueled vehicle program.
202. General duties.
202-a. Language translation services.
203. Additional duties of the commissioner.
203-a. Additional duties of the commissioner regarding flood related losses.
203-b. Additional duties of the commissioner regarding information on state boards.
§ 200. Office of general services. There is hereby created an office of general services in the executive department. The head of the office of general services shall be the commissioner of general services. He shall be appointed by the governor by and with the advice and consent of the senate and hold office during the pleasure of the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. Such commissioner, subject to rules prescribed by the governor, may establish such bureaus or divisions in the office of general services as he may deem necessary and may appoint such deputies, directors, assistants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal. The principal office of the office of general services shall be in the city of Albany, and branch offices may be established by direction of the governor, subject to appropriations for their maintenance.
Such commissioner may adopt, amend or rescind rules and regulations relating to the discharge of his functions, powers and duties and those of the office of general services as prescribed by law. Nothing contained herein shall limit or impair compliance with the requirements of section one hundred sixty-three of the state finance law, with respect to rules promulgated by the commissioner pursuant to such section.
§ 202. General duties. The office of general services shall provide coordinated services in support of state departments and agencies, and, as specified, authorities, municipalities and not-for-profit organizations, hereafter for the purposes of this section referred to as agencies. Such support services shall (i) serve to conserve state resources, (ii) benefit multiple agencies, and (iii) be consistent with the needs and interests of the agencies receiving those services. Support services may be delivered directly by the office of general services or by other means which ensure the cost effectiveness of those services. The commissioner of general services may recommend to the governor new services which could be offered by the office of general services, and that would reduce state or local expenditures and facilitate the mission of agencies currently receiving or which could receive such services.
§ 202-a. Language translation services. 1. Each state agency that provides direct public services in New York state shall translate all vital documents relevant to services offered by the agency into the twelve most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by United States Census Bureau. Agencies subject to this section, in their discretion, may offer up to four additional languages beyond the twelve most common languages. Such additional languages shall be decided by the state agency in consultation with the office of general services and approved by the office of general services based on the number of limited-English proficient immigrants of five years or less in New York state in need of language translation services according to the American Community Survey, including the growth of recent arrival populations in the geographic regions in which the agency's services are offered, the population of limited-English proficient individuals served by the agency, feedback from impacted community or advocacy groups, and any other relevant data published by the United States Census Bureau.
§ 203. Additional duties of the commissioner. The commissioner of the office of general services is authorized, within amounts appropriated therefor by the legislature and subject to the written approval of the attorney general, to pay and cause to be satisfied and discharged claims for damage to personal or real property or for bodily injuries or wrongful death caused in connection with the operation of a motor vehicle (a) by officers or employees of the state, while acting within the scope of their employment, or (b) by other authorized persons providing service to state government while providing such service, or (c) with relation to motor vehicles which are assigned on a permanent basis with unrestricted use to state officers or employees, when caused by such officer or employee or by a person requested to operate such motor vehicle by such officer or employee in the course of or in connection with the use of such motor vehicle by such officer or employee. Such claims payments shall be made in accordance with a contract with a private firm to process, adjust, investigate, negotiate, settle, pay, and subrogate such claims on behalf of the state, as specified in such contract, provided that such firm is duly licensed to perform such services by the state department of financial services.
Notwithstanding any other provision of law, any such contract may provide for the payment of benefits up to a maximum of fifty thousand dollars for any occurrence in accordance with article fifty-one of the insurance law and for such payments, not based on tort, the attorney general's approval shall not be required. Notwithstanding any other provision of law, any payment of other property damage or bodily injury or wrongful death claims caused by a tort of such officers, employees, or other authorized personnel shall not exceed a maximum of twenty-five thousand dollars for each claimant in accordance with such terms, conditions and requirements as shall be set forth in such contract. Any agency or unit of an agency which is supported by any funding source other than the general fund shall reimburse the general fund for all or any portion of such payments made pursuant to this section which are attributable to the other funding source.
Nothing contained in this section or in any contract provided for herein shall impair any right or obligation in connection with any executed contract of insurance entered into by the state separate and apart from the authority granted herein. No moneys appropriated for the purposes of this section shall be available for expenditure from such appropriation until a certificate of approval has been issued by the director of the budget and copies of such certificate filed with the state comptroller, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee.
§ 203-a. Additional duties of the commissioner regarding flood related losses. In accordance with 44 CFR 75.11 of the code of federal regulations, in the event that state-owned structures and their contents are damaged as the result of flood related losses, flood, and/or flood related hazards occurring in areas identified by the federal insurance administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of general services shall pay an amount not less than the limits of coverage that would be applicable if such state-owned structures and their contents had been covered by standard flood insurance policies, as defined in 44 CFR 59.1, for the repair, restoration, or replacement of such state-owned structures and contents, and shall maintain and update, not less frequently than annually, an inventory of all state-owned structures and their contents within such zones.
* § 203-b. Additional duties of the commissioner regarding information on state boards. 1. As used in this section, "commissioner" means the commissioner of general services and, "board" means any board, commission, committee, council, task force or any similar state public organization, required to be established pursuant to the state constitution, state statutes or executive order, for the exercise of any function of state government and to which members are appointed or elected. "Board" does not include:
a. any informal advisory organization not established by law;
b. any joint standing committee of the legislature or any committee of the assembly and/or senate composed entirely of members of the legislature;
c. any court;
d. the board of trustees of any institution of higher education financially supported in whole or in part by the state;
e. any entity of local government;
f. any public authority or public benefit corporation, a majority of whose members are appointed by the governor or serve as members by virtue of holding state offices to which they were appointed by the governor, or any combination thereof; and
g. any board of elections.
2. The commissioner shall maintain a list of all state boards, including state boards deemed active and regularly meeting on and after the effective date of this section. The commissioner shall keep such list on a website designated by the commissioner for the purpose of public access, and such list shall have a link to the website for each such board established pursuant to subdivision three of this section. The designated website shall be updated annually.
3. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall establish and maintain a website available to the public and provide a link to such website to the commissioner. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall annually on or before January first, update the information on its website.
4. The website established by each board or the state agency that provides administrative support or is otherwise affiliated with a board shall include, but not be limited to:
a. statutory language, executive order or other legal basis or authorization for the establishment of such board;
b. public information including departmental affiliation, contact address, phone number, and website;
c. a brief description of the purpose of the board and its legally required duties, including required reports or other products;
d. the size of board membership, current member names, and any qualifications;
e. whether members of a board are eligible for payment of expenses or other compensation in the performance of their duties as members of such board and information on compensation and expenses incurred in the prior and current fiscal years, as well as projected costs for the coming fiscal year;
f. meeting minutes and agendas, dates and locations of all meetings held, and to be held within six months, or a location, including but not limited to another website, in which such information can be publicly accessed;
g. geographic and other relevant qualifications of all current members of the board, including the county in which the member resides and the background or expertise the member possesses where such background or expertise is required for membership on such board; and
h. any other information the commissioner may require. Nothing in this section shall authorize the release or publication of any board member's residential address.
5. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall update on an annual basis beginning November first, two thousand twenty-three on its website, all vacancies, expired terms, terms expiring within one year, and the process for filling such vacancies on such boards.
6. On or before January first, two thousand twenty-four, the commissioner shall report to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly oversight, analysis and investigation committee and the chair of the senate investigations and government operations committee on the status of the list including but not limited to the number of boards reported and verified. The commissioner shall also report on any impediments to obtaining information.
* NB Effective November 1, 2023
ARTICLE 11 DIVISION OF STATE POLICE
Section 210. Division of state police.
211. Employees.
212. Equipment.
213. Acquisition of real property.
214. Establishment of training school.
214-a. Child abuse prevention.
214-b. Family offense intervention.
214-c. Elder abuse awareness.
214-d. Human trafficking awareness.
214-e. Cardiopulmonary resuscitation training and retraining.
214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities.
214-g. Opioid antagonist awareness.
214-h. Extreme risk protection orders.
214-h*2. Model law enforcement death notification policy.
215. Organization; salaries; qualifications; appointment; term; rules and regulations.
216. Bureau of criminal investigation.
216-a. Scientific crime detection laboratory.
216-b. Salary increments.
216-c. Holiday compensation.
216-d. Consumer product protection.
217. Communication.
218. Installation, operation and maintenance of basic system; personnel.
219. Availability.
220. Orders, rules or regulations.
221. System of criminal justice information.
221-a. Computer system to carry information of orders of protection and warrants of arrest.
221-b. Reporting to New York state violent crimes analysis program.
221-c. Statewide repository of data relating to unlawful methamphetamine laboratories.
221-d. Discovery of an unlawful methamphetamine laboratory.
222. Radio communication system.
223. Duties and powers of the superintendent of state police and of members of the state police.
224. Verification of complaint.
225. Enforcement of conservation law.
225-a. Lost and found property.
226. Employment of state police in towns, villages, police districts.
227. Disability benefits.
227-a. Death benefits.
228. National instant criminal background checks.
229. Retirement for cause.
230. Gun trafficking interdiction program.
231. Uniform identification cards for retired police officers.
232. Sexual assault victims unit.
233. Municipal gun buyback program.
234. New York state police body-worn cameras program.
235. Firearms safety training, and licensing appeals.
§ 210. Division of state police. The division of state police in the executive department shall be known as the "New York State Police." The head of the New York state police shall be the superintendent of state police who shall be appointed by the governor by and with the advice and consent of the senate, and hold office during his or her pleasure. The superintendent shall be a member of the state police, shall receive as salary such sum as may be appropriated by law, and shall accrue such leave credits and be eligible for the same retirement benefits, service credits and other benefits as any other member of the state police. If, prior to appointment, the superintendent served as a member of the state police, he or she, upon appointment, shall be entitled to continue to accrue and receive such credits and benefits as he or she would have been entitled to accrue and receive prior to appointment.
If, prior to his or her appointment, the superintendent shall have served as a member of the State Police for a period of ten years or more, he or she shall, provided he or she is not eligible for retirement, upon termination of service as superintendent, be reappointed, without examination, as a member of the state police in the grade held by him or her prior to appointment as superintendent, notwithstanding the absence of any vacancy in such grade. For the purpose of determining the annual salary to be paid upon such reappointment, the period of service as superintendent shall be counted as service in the grade to which reappointed.
§ 214. Establishment of training school. The superintendent may establish and maintain a training school and make rules and regulations for the conduct thereof; provided, however, that such regulations shall provide that the children or surviving spouse of a state police officer killed in the line of duty shall, if otherwise qualified, have a prior and preferred right over other applicants to appointment to such training school or academy.
§ 214-a. Child abuse prevention. The superintendent shall, for all members of the state police: (1) develop, maintain and disseminate 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; and (2) establish, and implement on an ongoing basis, a training program for all current and new employees regarding the policies and procedures established pursuant to this section.
§ 214-b. Family offense intervention. The superintendent shall, for all members of the state police including new and veteran officers, 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 in incidents of family offenses. Such policies and procedures shall make provision for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt translation of such statements if made in a language other than English, in accordance with subdivision (c) of this section, on a standardized "domestic violence incident report form" promulgated by the state division of criminal justice services in consultation with the superintendent and with 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;
(b) 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 subdivision (c) of this section, including but not limited to immediately providing the victim with the written notice provided 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.
(c) The superintendent, in consultation with the division of criminal justice services and the office for the prevention of domestic violence shall determine the languages in which such translation required by subdivision (a) of this section, and the notification required pursuant to subdivision (b) of this section, 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 subdivision (b) of this section shall be made available to all state police officers in the state.
§ 214-d. Human trafficking awareness. The superintendent, in consultation with the office of temporary and disability assistance and the division of criminal justice services, shall: (1) develop, maintain and disseminate to all members of the state police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for victims of human trafficking, as referenced in section four hundred eighty-three-bb of the social services law; and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters an individual believed to be a victim of human trafficking, which shall include, but not be limited to, the provision of information and/or referral to an appropriate provider of social and legal services to human trafficking victims, in accordance with such section four hundred eighty-three-bb.
§ 214-e. Cardiopulmonary resuscitation training and retraining. 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law.
2. Each member of the division of state police shall be:
(a) trained in cardiopulmonary resuscitation during the training process to become a trooper;
(b) retrained in cardiopulmonary resuscitation every two years; and
(c) required to demonstrate the satisfactory completion of training in cardiopulmonary resuscitation.
§ 214-f. Emergency situations involving people with autism spectrum disorder and other developmental disabilities. The superintendent shall, for all members of the state police:
1. 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 developmental disabilities; and
2. 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.
2-a. The superintendent may also appoint a division physician who shall be the medical consultant and chief medical examiner of the New York state police, and assistant division physicians each of whom shall be an assistant medical consultant and assistant chief medical examiner of the New York state police.
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
3-a. Notwithstanding any other law, rule or regulation to the contrary, the superintendent shall promulgate rules and regulations subject to approval by the governor for the administration of supplemental competitive examinations, to be given at not less than six month intervals for two years following the application deadline date of the regular competitive examination for the position of trooper, for individuals who, on the application deadline date or on the date of the regular competitive examination, are in the active military service and are otherwise qualified to sit for such exam.
§ 216. Bureau of criminal investigation. 1. The superintendent may continue, within the New York state police, a bureau of criminal investigation and assign to it members of the New York state police in such numbers and appoint to it such investigative specialists in such numbers as may be required for the purpose of preventing, investigating and detecting violations of the criminal laws of the state, and conducting such other investigations as may be provided for by law. Members of the New York state police assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent shall be classified as (a) investigators; (b) senior investigators; (c) lieutenants; (d) captains; provided, however, that investigative specialists appointed to the bureau of criminal investigation may be appointed as investigators or senior investigators at salaries to be determined by the superintendent with the approval of the director of the budget within the range from minimum to maximum provided for in this section for the positions to which appointments are made. Investigative specialists appointed to the bureau of criminal investigation shall be deemed to be members of the New York state police upon the filing by them of the constitutional oath of office, but shall not be eligible for transfer to the uniform force unless otherwise qualified under section two hundred fifteen of this article. The superintendent may employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the bureau and the New York state police in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state. Upon request of the head of any state department, or of any police agency or of any district attorney within the state, the superintendent may assign to such requesting authority members of the state police attached to the bureau of criminal investigation in such numbers and for such periods of time as he may deem necessary for the purpose of investigating and detecting felonies committed within the state. Members of the state police assigned or appointed to the bureau of criminal investigation are empowered to cooperate with departments of the United States government in the investigation of violations of the federal laws of the grade of felony within this state. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the bureau of criminal investigation.
2. (a) There shall be within the bureau of criminal investigation a hate crime task force. The superintendent shall assign to it such personnel as may be required for the purpose of preventing, investigating, and detecting hate crimes as defined in article four hundred eighty-five and sections 240.30 and 240.31 of the penal law. When at all possible, the task force members shall assist and support other law enforcement agencies in preventing, investigating, and detecting offenses committed due to a perception or belief regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person.
(b) The task force shall issue reports and publications, in conjunction with the division of human rights and the division of criminal justice services, in order to inform persons of all available rights and remedies under the penal law as referenced in paragraph (a) of this subdivision, as well as prohibitions against discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, familial status, domestic violence victim status, genetic predisposition status, or marital status as those terms are defined by article fifteen of this chapter.
(c) The first report issued by the hate crimes task force, as required by paragraph (b) of this subdivision, shall be issued within ninety days of the effective date of this subdivision. Subsequent reports shall be issued annually thereafter.
§ 216-a. Scientific crime detection laboratory. 1. The superintendent may maintain a scientific crime detection laboratory, and may appoint, employ or assign a director thereof, and such additional members or employees as he may deem necessary for the proper maintenance and operation of such scientific crime detection laboratory, within the appropriation. The superintendent may also employ, from time to time, within the appropriation, such skilled experts, scientists, technicians or other specially qualified persons as he deems necessary to aid the New York state police and the laboratory in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the state.
2. The superintendent may, from time to time, establish headquarters or stations in such localities of the state as he shall deem most suitable for the efficient operation of the laboratory.
§ 216-c. Holiday compensation. 1. Notwithstanding the provisions of section one hundred thirty-five of the civil service law, members of the division of state police, other than troopers attending the state police academy for basic training, the division physician, assistant division physicians, inspectors, deputy chief inspectors, confidential assistant to the superintendent, the assistant deputy superintendents, the chief inspector, the counsel, first assistant counsel, assistant counsels, deputy superintendents, first deputy superintendent, state police director of personnel, assistant director of personnel-state police and the state police director of scientific laboratory shall effective April first, nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and effective June thirteenth, nineteen hundred eighty-five for such other members receive annual holiday compensation in an amount to be computed for each member by dividing his annual basic salary by one thousand nine hundred ninety-two hours to obtain an hourly rate of pay and multiplying such hourly rate by fifty-two and four-tenths hours, adjusted to the next higher whole dollar amount. Such compensation shall be in lieu of any other premium which may be paid for work on a legal holiday and shall be included in and be a part of the member's annual basic salary and on and after April first nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen of the civil service law and on and after June thirteenth, nineteen hundred eighty-five for such other members is included in the annual basic salary schedules applicable to such members pursuant to this article.
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall continue to receive holiday compensation, effective April first, two thousand ten, in the amount of fifteen hundred thirty-six dollars. Effective April first, two thousand fourteen, such amount shall be increased to fifteen hundred sixty-seven dollars. Effective April first, two thousand fifteen, such amount shall be increased to fifteen hundred ninety-eight dollars. Effective April first, two thousand sixteen, such amount shall be increased to sixteen hundred twenty-two dollars. Effective April first, two thousand seventeen, such amount shall be increased to sixteen hundred forty-six dollars. Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective until certain conditions are met as set forth in chapter 337 of 2019 Part A § 25
* 2. In addition to the compensation provided in subdivision one of this section, members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police, on the payroll on November first of each year, shall receive holiday compensation as follows:
April 1, 2018 $1,646
April 1, 2019 $1,679
April 1, 2020 $1,713
April 1, 2021 $1,747
April 1, 2022 $1,782 Such payments shall be in addition to, and shall not be part of, the member's annual basic salary, except for the purpose of retirement, and shall be made in a separate check during the payroll period which includes December first each year.
* NB Effective upon certain conditions being met as set forth in chapter 337 of 2019 Part A § 25
§ 216-d. Consumer product protection. 1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.
2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.
3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:
a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and
d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.
4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.
§ 221. System of criminal justice information. 1. When any peace officer or police agency within this state shall receive a complaint that a felony involving the use of deadly physical force or a deadly weapon has been committed, and if the perpetrator thereof be not apprehended within thirty minutes after such complaint has been received, or, in the case of any other felony, if the perpetrator thereof be not apprehended within five hours, such police agency shall cause information of such felony to be electronically entered into the New York statewide police information network in accordance with the rules for such entry promulgated by the superintendent of state police. Police agencies not directly connected with the New York statewide police information network shall transmit such information to the nearest or most convenient electronic entry point, from which point it will be immediately dispatched, in conformity with the orders, rules or regulations governing the network.
2. Any warrant of arrest, bench warrant or superior court warrant of arrest, as such terms are defined in section 1.20 of the criminal procedure law, relating to any offense defined as a felony in subdivision five of section 10.00 of the penal law, or a probation warrant issued pursuant to section 410.40 of the criminal procedure law, must be entered into the system no later than forty-eight hours from the time it is received by the police officer or peace officer to whom it is addressed if the subject of the warrant has not been apprehended prior to that time.
3. When any police officer, peace officer or police agency in the state shall receive a complaint of a missing child, as defined in subdivision one of section eight hundred thirty-seven-e of this chapter, such police officer, peace officer or police agency may, in his or her discretion, as appropriate, cause information concerning such missing child to be promptly dispatched over the police communication system. Police agencies not connected with the basic system 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. No dispatch or transmission of a report concerning a missing child shall be required by this subdivision 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.
§ 221-a. Computer system to carry information of orders of protection and warrants of arrest. 1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six, eight and ten of the family court act, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three and seven of such act and section 530.13 of the criminal procedure law shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law.
2. The superintendent shall prescribe standardized forms for warrants issued in connection with orders of protection and special orders of conditions included in the statewide computerized registry. Except for orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, only those standardized forms prescribed herein and pursuant to section eight hundred fourteen-a of the family court act, subdivision three of section two hundred forty of the domestic relations law, and subdivision twelve of section 530.12 and subdivision one of section 530.13 of the criminal procedure law shall be utilized in cases resulting in orders which must be entered into the statewide computerized registry.
3. Whenever any court issues an order of protection or special order of conditions, the sheriff's office or appropriate municipal police department in the county in which the complainant or petitioner resides, or if he or she resides within a city, the police department of such city, which receives a copy of the order of protection or special order of conditions from the clerk of the court or otherwise pursuant to law, shall promptly transmit such information on the order of protection or special order of conditions as required by rule and regulation over the law enforcement communication system, including but not limited to: the names of the parties to the proceeding giving rise to such order, the date such order becomes effective, the date such order was served or whether the defendant or respondent had actual knowledge of such order because he or she was present in court when such order was issued, the date such order is to expire, and the terms and conditions of such order. When any peace officer, acting pursuant to his or her special duties, or police officer receives a warrant issued by family court, supreme court or by a criminal court pertaining to an order of protection or special order of conditions, as described in subdivision one of this section, the officer shall cause specific information on the warrant as required by rule and regulation to be promptly dispatched over the law enforcement communication system. For purposes of this subdivision, municipal shall have the same meaning as municipality, as defined in subdivision six of section eight hundred thirty-five of this chapter. Notwithstanding the provisions of article fifty-four of the civil practice law and rules, a person entitled to protection under an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, may file such order without fee with the clerk of a court in this state having jurisdiction over family, criminal or matrimonial proceedings; such order shall be accompanied by a sworn affidavit that upon information and belief such order is in effect as written and has not been vacated or modified. Upon such filing, information regarding such order shall be transmitted to the statewide computerized registry in accordance with this section, provided, however, that such filing and registry entry shall not be required for enforcement of such order.
4. Courts and law enforcement officials, including probation officers, and employees of local correctional facilities and the department of corrections and community supervision who are responsible for monitoring, supervising or classification of incarcerated individuals or parolees shall have the ability to disclose and share information with respect to such orders and warrants consistent with the purposes of this section, subject to applicable provisions of the family court act, domestic relations law and criminal procedure law concerning the confidentiality, sealing and expungement of records.
5. In no case shall the state or any state or local law enforcement official or court official be held liable for any violations of rules and regulations promulgated under this section, or for damages for any delay or failure to file an order of protection or special order of conditions, or to transmit information to the law enforcement communication network pertaining to such orders or related family court arrest warrants, or for acting in reliance upon such information. For purposes of this subdivision law enforcement official shall include but not be limited to an employee of a sheriff's office, or a municipal police department or a peace officer acting pursuant to his or her special duties.
6. The superintendent shall establish procedures for the prompt removal of orders of protection and special orders of conditions from the active files of the registry upon their expiration. The superintendent shall establish procedures for prompt disclosure of such orders and warrants consistent with the purposes of paragraph (a-1) of subdivision one of section two hundred forty of the domestic relations law and subdivision (e) of section six hundred fifty-one of the family court act.
§ 221-b Reporting to New York state violent crimes analysis program. 1. Every law enforcement agency which receives a report of an actual or attempted abduction or molestation shall notify the New York state violent crimes analysis program, via the requirements of the New York statewide police information network, of such report. Such program shall make comparisons of data in its files, and report to the law enforcement agency making an initial report, any similarities to other reports received by such program. The violent crimes analysis program shall also notify the unit of a law enforcement agency which investigates homicides when a report reveals similarities, patterns or modus operandi which appear in reports of homicides.
2. Notwithstanding any other provision of law to the contrary, every law enforcement agency that accepts responsibility for investigating a homicide or attempted homicide, the discovery of unidentified human remains, a reported missing person case where circumstances indicate a strong possibility of foul play, or a sexual assault or attempted sexual assault, shall make a written report of such investigation to the New York state violent crimes analysis program. Such program shall conduct a computerized commonality analysis and provide the submitting law enforcement agency the results of such analysis. Every written report made to the violent crimes analysis program shall be in form and content as determined and prescribed by such program, upon the approval of the superintendent of state police. An initial written report shall be made to the violent crimes analysis program within thirty days of commencement of an investigation. The results of a computerized commonality analysis shall be provided by such program to the submitting law enforcement agency upon completion of such analysis in a timely manner, as prescribed by the superintendent of state police.
* § 223. Duties and powers of the superintendent of state police and of members of the state police. 1. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services, and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
2. The superintendent may, by written order, designate a police officer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, to assist members of the state police in order to more effectively address the detection of crime and apprehension of criminals within the state and its localities. Police officers so designated, while actively working in conjunction with members of the state police either directly or as part of a specific task force, shall be paid by and remain employees of their particular county, city, town or village, but shall for purposes of the criminal procedure law, have their geographic area of employment deemed to be New York state.
* NB Effective until September 1, 2025
* § 223. Duties and powers of the superintendent of state police and of members of the state police. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall also collect and analyze information relating to prevention and detection of terrorist threats and terrorist activities throughout the state and share all such information subject to paragraph (g) of subdivision two of section seven hundred nine of this chapter among the division of homeland security and emergency services and local, state, and federal law enforcement agencies to ensure the coordination of appropriate intelligence to assist in the early identification of and response to potential terrorist threats and terrorist activities. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail.
* NB Effective September 1, 2025
§ 224. Verification of complaint. Where a summons has been served by a member of the state police in lieu of arrest, in cases of violation of the vehicle and traffic law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to traffic, or in cases of violations of the navigation law or such ordinances, rules or regulations enacted pursuant thereto or pursuant to any other law relating to navigation, any major, any captain or any lieutenant or sergeant of the state police assigned to the troop in which the service of the summons is reported, is hereby authorized to administer to such member all necessary oaths in connection with the execution of the complaint to be presented in court by such member in the prosecution of such offense.
§ 226. Employment of state police in towns, villages, police districts. 1. The governing board of any police district provided for under article fourteen-a of the town law or of any town or of any village, may from time to time respectively contract upon behalf of said district, town or village with the superintendent of state police upon behalf of the state for the regular assignment of state police to said district, town or village upon the following terms and conditions: The superintendent of state police shall detail such number of state police officers as shall be agreed upon to such district, town or village for a period of one year; the pay, maintenance and other expenses of such detail for a period of one year shall be computed by the superintendent of state police with the approval of the state comptroller pro rata upon the total cost of the pay, maintenance and similar expenses of the whole department; before such contract shall take effect the governing board of said district, town or village shall deposit to the credit of the division of state police in a depository to be designated by the state comptroller with proper sureties, one half the sum of money so computed and upon the first day of the sixth month during the continuance of said contract shall likewise deposit the remainder of said sum; the superintendent of state police, upon audit of the comptroller, shall draw upon said depository for the pay, maintenance and other expenses of said detail when due; said detail shall have all the powers and duties and shall remain at all times under the authority and discipline of the superintendent of state police as provided for state police assigned to regular duty under this article.
2. The superintendent of state police is authorized to appoint temporarily to the regular force provided for in this article, troopers, non-commissioned officers and officers to fill the places of those detailed under such agreements. In police districts the money to be deposited as required hereunder shall be provided for as authorized under article fourteen-a of the town law as added in nineteen hundred and twenty; in towns and villages the money so deposited shall be raised by taxation.
§ 228. National instant criminal background checks. 1. (a) The division is hereby authorized and directed to serve as a state point of contact for implementation of 18 U.S.C. sec. 922 (t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.
(b) Upon receiving a request from a licensed dealer pursuant to section eight hundred ninety-six or eight hundred ninety-eight of the general business law, the division shall initiate a background check by (i) contacting the National Instant Criminal Background Check System (NICS) or its successor to initiate a national instant criminal background check, and (ii) consulting the statewide firearms license and records database established pursuant to subdivision three of this section, in order to determine if the purchaser is a person described in sections 400.00 and 400.03 of the penal law, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or ammunition.
2. (a) The division shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal background check system index, denied persons files.
(b) Information provided pursuant to this section shall remain privileged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state law regarding the purchase of firearms or ammunition.
(c) Any background check conducted by the division, or delegated authority, of any applicant for a permit, firearms identification card license, ammunition sale, or registration, in accordance with the requirements of section 400.00 of the penal law, shall not be considered a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such background check, including the applicant. Any application for a permit, firearms identification card, ammunition sale, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any state or municipal governmental agency, shall not be considered a public record and shall not be disclosed to any person not authorized by law to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
3. The division shall create and maintain a statewide firearms license and records database which shall contain records held by the division and any records that it is authorized to request from the division of criminal justice services, office of court administration, New York state department of health, New York state office of mental health, and other local entities. Such database shall be used for the certification and recertification of firearm permits under section 400.02 of the penal law, assault weapon registration under subdivision sixteen-a of section 400.00 of the penal law, and ammunition sales under section 400.03 of the penal law. Such database shall also be used to initiate a national instant criminal background check pursuant to subdivision one of this section upon request from a licensed dealer. The division may create and maintain additional databases as needed to complete background checks pursuant to the requirements of this section.
4. The superintendent shall promulgate a plan to coordinate background checks for firearm and ammunition purchases pursuant to this section and to require any person, firm or corporation that sells, delivers or otherwise transfers any firearm or ammunition to submit a request to the division in order to complete the background checks in compliance with federal and state law, including the National Instant Criminal Background Check System (NICS), in New York state. Such plan shall include, but shall not be limited to, the following features:
(a) The creation of a centralized bureau within the division to receive and process all background check requests, which shall include a contact center unit and an appeals unit. Staff may include but is not limited to: bureau chief, supervisors, managers, different levels of administrative analysts, appeals specialists and administrative personnel. The division shall employ and train such personnel to administer the provisions of this section.
(b) Procedures for carrying out the duties under this section, including hours of operation.
(c) An automated phone system and web-based application system, including a toll-free telephone number and/or web-based application option for any licensed dealer requesting a background check in order to sell, deliver or otherwise transfer a firearm which shall be operational every day that the bureau is open for business for the purpose of responding to requests in accordance with this section.
5. (a) Each licensed dealer that submits a request for a national instant criminal background check pursuant to this section shall pay a fee imposed by the bureau for performing such background check. Such fee shall be allocated to the background check fund established pursuant to section ninety-nine-pp of the state finance law. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.
(b) The bureau shall transmit all moneys collected pursuant to this paragraph to the state comptroller, who shall credit the same to the background check fund.
6. On January fifteenth of each calendar year, the bureau shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly concerning:
a. the number of employees used by the bureau in the preceding year for the purpose of performing background checks pursuant to this section;
b. the number of background check requests received and processed during the preceding calendar year, including the number of "proceed" responses and the number and reasons for denials;
c. the calculations used to determine the amount of the fee imposed pursuant to this paragraph.
7. Within sixty days of the effective date of this section, the superintendent shall notify each licensed dealer holding a permit to sell firearms of the requirement to submit a request to the division to initiate a background check pursuant to this section as well as the following means to be used to apply for background checks:
i. any person, firm or corporation that sells, delivers or otherwise transfers firearms shall obtain a completed ATF 4473 form from the potential buyer or transferee including name, date of birth, gender, race, social security number, or other identification numbers of such potential buyer or transferee and shall have inspected proper identification including an identification containing a photograph of the potential buyer or transferee.
ii. it shall be unlawful for any person, in connection with the sale, acquisition or attempted acquisition of a firearm from any transferor, to willfully make any false, fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or state law. Any person who violates the provisions of this subparagraph shall be guilty of a class A misdemeanor.
8. Any potential buyer or transferee shall have thirty days to appeal the denial of a background check, using a form established by the superintendent. Upon receipt of an appeal, the division shall provide such applicant a reason for a denial within thirty days. Upon receipt of the reason for denial, the appellant may appeal to the attorney general.
§ 230. Gun trafficking interdiction program. 1. There is hereby created within the division of criminal justice services a gun trafficking interdiction program to be administered by the commissioner of the division of criminal justice services to distribute funds in accordance with the provisions of this section for the purpose of interdicting guns and components of guns illegally entering New York with a focus on those "supplier" states from which substantial numbers of guns illegally enter this state.
2. The superintendent of the division of state police, in cooperation with the United States department of treasury, bureau of alcohol, tobacco and firearms and district attorneys in New York state, shall develop and implement a strategy for the interdiction of guns illegally entering New York from supplier states. The strategy shall include identifying and prosecuting gun traffickers and suppliers of such guns who may be violating federal, state or local laws, and cooperating with the United States department of treasury, bureau of alcohol, tobacco and firearms and appropriate prosecutorial agencies and law enforcement agencies in supplier states in the investigation and enforcement of such laws. District attorneys are authorized to enter into collaborative agreements with prosecutorial and other governmental agencies and entities in supplier states in an effort to stop the movement of illegal guns into New York.
3. The commissioner of the division of criminal justice services shall award grant monies to district attorneys for programs which are designed to interdict the flow of illegal guns across New York state borders. In order to qualify for such grant monies, a district attorney must submit an application to the commissioner of the division of criminal justice services in accordance with guidelines prescribed by the division of criminal justice services. The application shall identify a strategy and implementation plan for preventing the entry of illegal guns across New York's borders. Funds awarded under this section shall not be used to supplant federal, state or local funds. No more than fifty percent of the funds available pursuant to this section in any one fiscal year shall be awarded for programs within a single city, county, town or village.
4. The superintendent of the division of state police shall establish and maintain within the division a criminal gun clearinghouse as a central repository of information regarding all guns seized, forfeited, found or otherwise coming into the possession of any state or local law enforcement agency which are believed to have been used in the commission of a crime. The superintendent of the division of state police shall adopt and promulgate regulations prescribing reporting procedures for such state or local law enforcement agencies, including the form for reporting such information. In addition to any other information which the superintendent of the division of state police may require, the form shall require (a) the serial number or other identifying information on the gun, if available and (b) a brief description of the circumstances under which the gun came into the possession of the law enforcement agency, including the crime which was or may have been committed with the gun. Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from a crime scene, or is reasonably believed to have been used in or associated with the commission of a crime or is otherwise recovered as an abandoned or discarded gun, the agency shall report such seized or recovered gun to the criminal gun clearinghouse as soon as practicable, but in no case more than twenty-four hours after the agency has taken possession of such gun. Every report made to the criminal gun clearinghouse will result in the prompt submission of a request to the national tracing center of the bureau of alcohol, tobacco, firearms and explosives to trace the movement of the subject gun and such federal agency will be requested to provide the results of such a trace to the superintendent of the division of state police and to the law enforcement agency that submitted the clearinghouse report.
5. All state and local law enforcement agencies shall participate in the bureau of alcohol, tobacco, firearms and explosives collective data sharing program for the purpose of sharing gun trace reports among all law enforcement agencies in the state on a reciprocal basis.
6. (a) The division of state police, in consultation with the division of criminal justice services, shall publish quarterly reports on their respective websites with information related to firearms, rifles and shotguns used in the commission of crimes in the state of New York, including but not limited to, information pertaining to the county and state of origin of the firearm, rifle or shotgun, the county and state where the firearm, rifle or shotgun was purchased, whether the firearm, rifle or shotgun was purchased by the perpetrator of the crime or by another individual, and whether the perpetrator had a license or permit to possess such firearm, rifle or shotgun.
(b) Each political subdivision, municipality, commission, agency, office, department, board and division in the state, to the extent not inconsistent with other provisions of law, shall cooperate fully with the division of state police and the division of criminal justice services and shall furnish such information and assistance, in the form and manner specified by the division of state police and the division of criminal justice services, as may be required in the performance of their function under this subdivision. If such information is not readily available or accessible, the relevant local law enforcement agency will make efforts to obtain such information, including but not limited to the reporting requirements set forth in subdivision five of this section. Such information shall be provided to the extent allowable by federal, state or any other applicable law.
7. (a) Whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from the scene of a crime, or is reasonably believed to have been used or associated with the commission of a crime, or is recovered by the agency as an abandoned or discarded gun, the agency shall arrange for every such gun that is determined to be suitable for test-firing and of a type that is eligible for national integrated ballistic information network data entry and correlation to be test-fired as soon as practicable, and the results of that test-firing shall be submitted forthwith to the national integrated ballistic information network to determine whether the gun is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.
(b) Whenever a state or local law enforcement agency recovers any ammunition cartridge case that is of a type that is eligible for national integrated ballistic information network data entry and correlation at a crime scene, or has reason to believe that such recovered ammunition cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a gun, the agency shall, as soon as practicable, arrange for the ballistics information to be submitted to the national integrated ballistic information network.
8. Whenever a state or local law enforcement agency seizes or recovers any gun, the agency shall promptly enter the make, model, caliber, and serial number of the gun into the national crime information center (NCIC) system to determine whether the gun was reported stolen.
9. The superintendent may adopt rules and regulations to effectuate the provisions of this section.
§ 233. Municipal gun buyback program. 1. There is hereby established within the division of the state police a municipal gun buyback program. Agencies approved by the superintendent may participate subject to available appropriations and funds in the municipal gun buyback fund established pursuant to section ninety-seven-cc of the state finance law.
2. The division of state police shall administer the municipal gun buyback program and promulgate rules and regulations the superintendent deems necessary for the implementation of such program. Such rules shall include, but not be limited to:
(a) the manner in which an agency may apply for funds to support a municipal gun buyback program and the manner in which such funds will be allocated and distributed;
(b) guidelines for the safe storage and disposal of firearms, rifles, shotguns, and ammunition received as part of the program in the possession of the participating agency, return of any recovered stolen property to its rightful owner as appropriate, and retention for evidence of any firearm, rifle, or shotgun suspected to have been used in a crime;
(c) guidelines for an agency participating in the program to coordinate with community groups within its jurisdiction; and
(d) guidelines for allowing individuals to surrender firearms, rifles and shotguns and eligibility for monetary rewards.
3. The provisions of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law shall apply to any person voluntarily surrendering a firearm, rifle or shotgun pursuant to this section.
4. Any agency shall be authorized to develop and implement its own municipal gun buyback program provided it is otherwise permitted by law and conforms to the rules and regulations promulgated by the superintendent and outlined in subdivision two of this section.
5. For purposes of this section "agency" means the police force or department of any county, city, town, or village or a county sheriff.
§ 234. New York state police body-worn cameras program. 1. There is hereby created within the division of state police a New York state police body-worn cameras program. The purpose of the program is to increase accountability and evidence for law enforcement and the residents of the state by providing body-worn cameras to all state police officers while on patrol.
2. The division of state police shall provide body-worn cameras, to be worn by officers at all times, while on patrol. Such cameras shall record:
(a) immediately before an officer exits a patrol vehicle to interact with a person or situation, even if there is a dash camera inside such vehicle which might also be recording the interaction;
(b) all uses of force, including any physical aggression and use of a non-lethal or lethal weapon;
(c) all arrests and summonses;
(d) all interactions with people suspected of criminal activity;
(e) all searches of persons and property;
(f) any call to a crime in progress;
(g) investigative actions where there are interactions with members of the public;
(h) any interaction with an emotionally disturbed person; and
(i) any instances where officers feel any imminent danger or the need to document their time on duty.
3. The attorney general may investigate any instance where body cameras fail to record an event pursuant to this section.
4. At the discretion of the officer, body-worn cameras may not record:
(a) sensitive encounters, including but not limited to speaking with a confidential informant, or conducting a strip search; or
(b) when a member of the public asks such officer to turn off the camera; provided, however, such officer may continue recording if he or she thinks a record of that interaction should be generated.
5. The division of state police shall preserve recordings of such body-worn cameras and perform all upkeep on equipment used in such body-worn cameras. Such duties shall include:
(a) creating a secure record of all instances where there is recorded video or audio footage;
(b) ensuring officers have sufficient storage capacity on their cameras to allow for the recording of interactions required by this section; and
(c) ensuring officers have access to body-worn cameras for the recording of instances required by this section.
§ 235. Firearms safety training, and licensing appeals. 1. The superintendent shall, in conjunction with the commissioner of the division of criminal justice services, 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 the promulgation of proficiency standards for live fire training.
2. The superintendent, in conjunction with the commissioner of the division of criminal justice services, shall 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.
ARTICLE 12 OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
Section 240. Office of probation and correctional alternatives.
242. State probation commission.
243. Supervision of administration of local probation and correctional alternatives.
244. Hostels and foster homes.
245. Probation staff training and development.
246. State aid for probation services.
248. Establishment of probation scholarships.
249. Educational or training leaves of absence.
§ 240. Office of probation and correctional alternatives. 1. There shall be in the division of criminal justice services an office of probation and correctional alternatives, hereinafter referred to in this article as "the office". The head of the office shall be the director of probation and correctional alternatives, who shall be appointed by the commissioner, subject to the approval of the governor.
2. The director shall serve as special advisor to the governor regarding matters pertaining to probation and alternatives to incarceration. The director shall, in consultation with the commissioner, coordinate and make recommendations relating to the type and nature of alternative to incarceration programs needed to reduce incarceration where the purpose of such incarceration can be adequately served by alternative programs and shall work with local probation departments and the commissioner to enhance and develop probation services and alternative to incarceration programs throughout the state.
3. The commissioner, in consultation with the director, shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
4. As used in this article, the term "director" shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services.
§ 242. State probation commission. 1. There shall be a state probation commission. It shall consist of the director and six other members to be selected as follows:
(a) three shall be appointed by the governor from among persons who, as members of the community, have demonstrated an interest and involvement in the field of probation, to hold office at the pleasure of the governor and until their successors are appointed;
(b) two shall be appointed by the governor from among the probation administrators and probation officers actually employed in the field of probation in this state who have demonstrated by work in a statewide professional association, concerned generally with probation affairs throughout the state, outstanding service to the field of probation, to hold office at the pleasure of the governor and until their successors are appointed; and
(c) one shall be the state administrator of the unified court system.
2. The present members of the state probation commission who were appointed to such commission by the governor shall continue as the members of said commission appointed pursuant to paragraph (a) of subdivision one of this section at the pleasure of the governor, and until their successors are appointed and have qualified. The director shall be chairman of the commission. No member of said probation commission shall receive any compensation for his or her services as a member of such commission, but the members shall be entitled to their actual necessary expenses incurred in the performance of their duties. The commissioner may from time to time assign an employee of the division to act as secretary to said probation commission. The duties of the members of said probation commission shall be to attend the meetings of such probation commission, at the time fixed by said commission, or called by the chairman of said commission, and to consider all matters relating to probation in the state, within the jurisdiction of the office, and to advise and consult with the director in regard thereto.
§ 243. Supervision of administration of local probation and correctional alternatives. 1. The office shall exercise general supervision over the administration of probation services throughout the state, including probation in family courts and shall collect statistical and other information and make recommendations regarding the administration of probation services in the courts. The office shall endeavor to secure the effective application of the probation system and the enforcement of the probation laws and the laws relating to family courts throughout the state. After consultation with the state probation commission, the office shall recommend to the commissioner general rules which shall regulate methods and procedure in the administration of probation services, including investigation of defendants prior to sentence, and children prior to adjudication, supervision, case work, record keeping, and accounting, program planning and research so as to secure the most effective application of the probation system and the most efficient enforcement of the probation laws throughout the state. Such rules shall provide that the probation investigations ordered by the court in designated felony act cases under subdivision one of section 351.1 of the family court act shall have priority over other cases arising under articles three and seven of such act. When duly adopted by the commissioner, such rules shall be binding upon all probation officers and when duly adopted shall have the force and effect of law, but shall not supersede rules that may be adopted pursuant to the family court act. The office shall keep informed as to the work of all probation officers and shall from time to time inquire into and report upon their conduct and efficiency. The office may investigate the work of any probation bureau or probation officer and shall have access to all records and probation offices. The office may issue subpoenas to compel the attendance of witnesses or the production of books and papers. The office may administer oaths and examine persons under oath. The office may recommend to the appropriate authorities the removal of any probation officer. The office may from time to time publish reports regarding probation including probation in family courts, and the operation of the probation system including probation in family courts and any other information regarding probation as the office may determine provided expenditures for such purpose are within amounts appropriated therefor.
2. The office shall exercise general supervision over the utilization of correctional alternative programs throughout the state. The office shall collect statistical and other information and make recommendations regarding the availability, identification, coordination and utilization of such programs. The office shall endeavor to facilitate communication and coordination among and between correctional alternative programs and probation services in order to assist in making effective use of such programs. A correctional alternative program shall be deemed to refer to those programs, including eligible programs as defined in paragraph b of subdivision one of section two hundred sixty-one of this chapter, which by themselves, or when used in conjunction with one or more programs or with probation services, may serve as an alternative to a sentence or disposition of incarceration or a portion thereof, and which shall serve the interests of justice. The office shall further exercise general supervision over the administration and implementation of alternatives to incarceration service plans under the provisions of article thirteen-A of this chapter. The office shall recommend to the commissioner general rules and regulations which shall regulate methods and procedures in the administration and funding of alternative to incarceration service plans, and any other correctional alternative program funded by the state through the division, including but not limited to issuance of quarterly reports as specified by section two hundred sixty-three of this chapter. When duly adopted by the commissioner, such rules and regulations shall be binding upon all counties and eligible programs that may be funded in such plans and when duly adopted shall have the force and effect of law. The office shall keep informed as to the development, implementation and utilization of plans and funded eligible programs therein and shall from time to time inquire into and report upon their work and efficiency. The office shall investigate the work of any funded plan or eligible program and shall have access to their records and offices for such purpose.
3. (a) The office shall have the authority to certify to the commissioner those correctional alternative programs subject to supervision of the office and determined to perform a criminal justice function, as defined in subdivision ten of section eight hundred thirty-five of this chapter, for the purpose of permitting access to criminal history records for criminal justice purposes, subject to the approval of the commissioner. Any such correctional alternative program may apply for certification to the office in writing, on forms prescribed by the office. Such application shall specify, at a minimum, the following: the nature and scope of the program; the necessity for access to such records related to their criminal justice function; the names of employees, and their job titles or positions, for whom access is being sought; and any other information the office deems necessary. Certification shall include the designation of those employees of such programs for whom access to such records is authorized. No designated employee shall have access to such records until such person has satisfactorily completed appropriate training, required by the division.
(b) Notwithstanding any other provision of law, probation departments conducting investigations ordered by a court, for purposes of determining custody, adoption, visitation, or guardianship shall have access to criminal history records maintained by state law enforcement agencies for criminal justice purposes.
4. The office shall recommend to the commissioner rules and regulations which shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursuant to article six-C of the correction law. Such regulations shall instruct local probation departments to consider certain factors when investigating and approving the residence of level two or level three sex offenders sentenced to a period of probation. Such factors shall include the following:
(a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;
(b) the number of registered sex offenders residing at a particular property;
(c) the proximity of entities with vulnerable populations;
(d) accessibility to family members, friends or other supportive services, including but not limited to locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient.
§ 244. Hostels and foster homes. 1. The office is hereby authorized to provide or to pay for care in a hostel or foster home approved by the office as suitable for such cases for any probationer or parolee under the age of twenty-one years when the parole board or a judge of a court determines that there is no other suitable home for such probationer or parolee and that such probationer or parolee should be placed in such hostel or foster home. In addition to payment for such care, when ordered by the board or court, the office is authorized to provide or pay for clothing and other necessities, including medical and psychiatric treatment, required for the welfare of such probationer or parolee. The office may also provide or contract for such care in any suitable facility operated by a department of correction or by any other public or voluntary social welfare agency, institution or organization. A court with respect to such a probationer and the parole board with respect to such a parolee shall, subject to regulation by the division control admissions to and discharges from such hostels and foster homes. When placement is made in any hostel or foster home, or in any facility other than a public institution, such placement whenever practicable shall be in a hostel, or facility operated by or in the home of a person or persons of the same religious faith as the probationer or parolee.
2. The office shall have authority and the duty to stimulate programs for the development of hostels and foster homes for the care of probationers and parolees under the age of twenty-one years.
§ 245. Probation staff training and development. The office of probation and correctional alternatives shall conduct training programs for city, county and state probation personnel, prepare and execute programs of information and education to interest persons in the field of probation as a vocation, encourage the development by schools within the state of courses of study in fields related to and bearing upon probation and engage in other activities of an educational or informational nature designed to increase the number of qualified probation personnel and improve the caliber of probation service within the state. In order to effectuate the provisions of this section, the office of probation and correctional alternatives shall be authorized to prepare and disseminate printed materials, utilize media of public information, cooperate with public and private institutions of learning and employ qualified persons as lecturers or consultants on a fee basis to supplement services to be performed by its personnel hereunder. Such fees shall be payable out of funds appropriated for these purposes on the audit and warrant of the comptroller on vouchers certified or approved by the office.
§ 246. State aid for probation services. 1. The program of state aid to county probation services shall be administered by the division of criminal justice services with the advice of the state probation commission and the director of the office of probation and correctional alternatives. Funds appropriated to the division for distribution as state aid to county probation services and to the probation services of New York city shall be distributed by the division in accordance with rules and regulations adopted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives.
2. State aid shall be granted to the city of New York and the respective counties outside the city of New York for expenditures to be incurred by the county or city in maintaining and improving local probation services subject to amounts appropriated for this purpose. State aid grants shall not be used for expenditures for capital additions or improvements, or for debt service costs for capital improvements.
State aid shall be granted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives, provided the respective counties or the city of New York conform to standards relating to the administration of probation services as adopted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives.
3. Applications from counties or the city of New York for state aid under this section shall be made by filing with the division of criminal justice services, a detailed plan, including cost estimates covering probation services for the fiscal year or portion thereof for which aid is requested. Included in such estimates shall be clerical costs and maintenance and operation costs as well as salaries of probation personnel and such other pertinent information as the commissioner of the division of criminal justice services may require. Items for which state aid is requested under this section shall be duly designated in the estimates submitted. The commissioner of the division of criminal justice services, after consultation with the state probation commission and the director of the office of probation and correctional alternatives, shall approve such plan if it conforms to standards relating to the administration of probation services as specified in the rules adopted by him or her.
4. An approved plan and compliance with standards relating to the administration of probation services promulgated by the commissioner of the division of criminal justice services shall be a prerequisite to eligibility for state aid.
* The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. The administration of such additional grants shall be made according to rules and regulations promulgated by the commissioner of the division of criminal justice services. Each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter. The commissioner of the division of criminal justice services shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law. Such additional state aid shall be made in an amount necessary to pay one hundred percent of the expenditures for evidence-based practices and juvenile risk and evidence-based intervention services provided to youth sixteen years of age or older when such services would not otherwise have been provided absent the provisions of a chapter of the laws of two thousand seventeen that increased the age of juvenile jurisdiction.
* NB Effective until September 1, 2025
* The commissioner of the division of criminal justice services may take into consideration granting additional state aid from an appropriation made for state aid for county probation services for counties or the city of New York when a county or the city of New York demonstrates that additional probation services were dedicated to intensive supervision programs and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. The administration of such additional grants shall be made according to rules and regulations promulgated by the commissioner of the division of criminal justice services. Each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter. The commissioner of the division of criminal justice services shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law.
* NB Effective September 1, 2025
* 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official to be at risk of placement into foster care.
* NB Effective until June 30, 2027
* 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official according to standards promulgated pursuant to section three hundred ninety-eight-b of the social services law to be at risk of placement into foster care.
* NB Effective June 30, 2027
6. The director, after consultation with the state probation commission, may authorize or require the comptroller to withhold the payment of state aid to any county, or the city of New York, in the event that such county, or the city of New York, (a) fails to conform to standards of probation administration as formulated by the director pursuant to this section, (b) discontinues or fails to follow an approved plan, or (c) fails to enforce in a satisfactory manner rules promulgated pursuant to this section, or laws now in effect or hereafter adopted which relate in any manner to the administration of probation services.
ARTICLE 12-A PROBATION OFFICERS AND RELATED MATTERS
Section 255. Probation in the city of New York.
256. Local probation departments.
256-a. Providing information to child protection services.
257. Probation personnel; qualifications and duties.
257-a. Civil actions against local department volunteers.
257-b. Conditional releasees; duties of supervision.
257-c. Probation administrative fee.
258. Physical, mental and psychiatric examinations.
§ 256. Local probation departments. 1. Each county shall maintain or provide for a probation agency or agencies to perform probation services therein, including intake, investigation, pre-sentence reports, supervision, conciliation, social treatment and such other functions as are assigned to probation agencies pursuant to law.
2. The board of supervisors or county legislatures of a county may establish a county probation department in which there may be merged and consolidated the responsibility for carrying out the probation work for all matters under the jurisdiction of the family court, the superior courts and the local criminal courts in and for the county. In any county where the board of supervisors or county legislatures does not establish a probation department to perform all probation work in the county, as hereinabove provided, separate probation departments to carry out the probation work for matters under the jurisdiction of particular courts may be established and there may be merged and consolidated therein the probation work for matters under the jurisdiction of two or more courts. Any probation department that does not perform all probation work in the county shall be known as the probation department for the court or courts it is to serve.
3. Two or more counties may by agreement between the local governing bodies thereof provide for the establishment, operation and maintenance of a joint county probation department. Any probation department so established shall have charge of all probation work in and for all the courts in said counties. If any such county or court therein included in the agreement shall already have a probation service, such agreement shall provide that all officers and employees in such service shall retain their civil service status and be transferred to the joint county probation service without further examination or qualification, provided however that, subject to the civil service law, such agreement may provide for the abolition of existing unnecessary offices or positions and the transfer of officers and employees to comparable positions. Any such agreement shall provide for the proportionate cost, including but not limited to salaries and employer's retirement contributions, of such joint county probation service to be borne by each county and may provide that the treasurer of one county participating in such agreement shall be the custodian of the moneys made available for expenditure for the purposes of such joint county probation service and that such treasurer may make payments from such moneys for such purposes upon audit of the appropriate auditing officer or body of such county. Such agreement may provide for such other matters as are necessary and proper to effectuate the purposes of this subdivision.
4. A probation department established pursuant to this section shall consist of a director of probation and such deputies, supervisors, probation officers and other employees as may be appointed pursuant to the provisions of this section and the provisions of section two hundred fifty-seven of this chapter.
5. The director of each probation department, other than a joint county department, shall be appointed by the chief executive officer of the county. The director of a joint county probation department shall be appointed by agreement between the chief executive officers of the counties participating in such agreement or a majority of them and in the event of a deadlock the director of the office of probation and correctional alternatives shall participate in the making of the decision. Where a county has no chief executive officer, the appointment of, or agreement to appoint, the director shall be made by the chairman of the board of supervisors or county legislatures. The director of a probation department shall have the power to appoint all deputies, supervisors, probation officers and other employees in such department within appropriations made available therefor by the board of supervisors or county legislatures. The board of supervisors or county legislatures shall fix the salaries of all personnel in the department and make the necessary appropriations therefor as well as for the expenses actually and necessarily incurred by such officers and employees in the performance of their duties. In the case of a joint county department the salaries of personnel and the amounts of other expenditures to be made available for operation of the department shall be set forth in the agreement between the counties, and the boards of supervisors or county legislatures shall make the appropriations required for the respective proportionate costs thereof.
6. (a) Each probation agency or department and state operated probation services shall provide for intake, investigation, supervision and conciliation services relating to custody, visitation and paternity proceedings and may provide for such services in support proceedings under the provisions of articles four, five, five-A and six of the family court act. For purposes of this subdivision, intake services: (i) relating to support proceedings under article four and relating to paternity proceedings under articles five and five-A of the family court act, shall include referral to the office of temporary and disability assistance's child support enforcement unit in cases where a person is applying for or receiving public assistance or where a person chooses to utilize the services of such unit; (ii) relating to support proceedings under article four of the family court act, shall include services rendered to the payors of support orders seeking to modify such orders.
(b) Each probation agency or department is authorized to enter into a contract with the appropriate local social services district for the performance of the functions of the support collection unit, in accordance with the provisions of section one hundred eleven-h of the social services law.
7. The provisions of this section shall not apply to any county that is located wholly within a city; provided, however, that the provisions of subdivision six of this section shall apply in like manner to any county that is located wholly within a city.
§ 256-a. Providing information to child protection services. Upon a determination by a probation agency or department that its records regarding an individual presently under the supervision of the agency or department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the probation agency or department shall provide the records or portions thereof determined to be relevant to the child protective service conducting the investigation. Each probation agency or department shall make provisions for the transmission of records required to be provided under this section.
§ 257. Probation personnel; qualifications and duties. 1. Except as may be otherwise specified in other provisions of law, all salaried probation officers and their supervisors, including the director, of every probation department, agency or service maintained by any county or city shall be in the competitive class of the civil service. No person shall be eligible for appointment as a probation officer or to a position that involves the duty of supervising a probation officer, who is under twenty-one years of age, or who has not had a high school education, or equivalent education, or who is not physically, mentally and morally fitted. Probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The director of any probation department may appoint non-salaried volunteer probation officers, provided they have the qualifications required of salaried officers. The general rules regulating methods and procedures in the administration of probation, as may be adopted from time to time pursuant to section two hundred forty-three of this chapter, may require additional minimum qualifications for probation personnel and shall set forth procedures, not inconsistent with this or other laws, to be followed in appointment of all probation personnel.
2. The office of probation and correctional alternatives may when necessary certify in writing the need of one or more salaried probation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein a probation department is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of such probation officer and appropriate the necessary funds, as well as provide for the necessary expenses of such officer.
3. Each probation officer who collects or has custody of money, before entering upon the duties of his or her office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the local director of probation with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him or her as such probation officer. In the discretion of the local director of probation, a position scheduled bond covering all such probation officers may be procured and executed in lieu of such individual bonds. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities and the office of probation and correctional alternatives.
4. It shall be the duty of every probation officer to furnish to each of his or her probationers a statement of the conditions of probation, and to instruct him or her with regard thereto; to keep informed concerning his or her conduct, habits, associates, employment, recreation and whereabouts; to contact him or her at least once a month pursuant to rules promulgated by the commissioner of the division of criminal justice services; to aid and encourage him or her by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his or her conduct, condition and general attitude toward society. Probation officers shall report to the head of the probation bureau or department who shall in turn report in writing to the court and the office of probation and correctional alternatives at least monthly or where there is no bureau or department, directly to the court and the office of probation and correctional alternatives concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from probationers; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with such probationer as the court may direct or as required by the general rules adopted pursuant to section two hundred forty-three of this chapter; and make such reports to the office of probation and correctional alternatives as it may require.
4-a. In the event a probationer ceases to participate in or is unsuccessfully terminated from an alcohol or substance abuse program ordered by the court as a condition of a sentence of probation pursuant to section 410.10 of the criminal procedure law or section 65.10 of the penal law, the probation officer shall immediately report said cessation or termination to the local probation director. The local probation director shall report said cessation or termination to the court within ninety days, except where the probationer has resumed participation in an alcohol or substance abuse program with the approval of the local probation director. The local probation director shall include the fact of any such report to the court in the next monthly written report to the court and the state director of probation and correctional alternatives as required pursuant to subdivision four of this section.
4-b. It shall be the duty of every probation officer to provide written notice to probationers under the officer's supervision who may be subject to any requirement to report to the office of victim services any funds of a convicted person as defined in section six hundred thirty-two-a of this chapter, the procedures for such reporting and any potential penalty for a failure to comply.
5. Probation officers may require such reports by probationers as are reasonable or necessary. Probation officers shall be peace officers.
6. (a) Notwithstanding subdivision one of this section, the director of probation in counties with a population of more than three hundred thousand, except counties wholly contained within a city, shall be in the non-competitive class of civil service and shall be appointed by the county executive with the approval of the local governing body. There shall be one deputy director of probation, who shall be in the non-competitive class of civil service. Such deputy shall be appointed by the director of probation.
(b) No person shall be eligible for appointment as a director of probation or deputy director of probation pursuant to subdivision one of this section who does not meet the minimum qualification requirements established for the position by the general rules regulating methods and procedures in the administration of probation.
(c) The provisions of this subdivision shall not apply to any person holding the office of director or deputy director of probation in any such county on the effective date of this subdivision during the term of such office.
§ 257-a. Civil actions against local department volunteers. 1. For the purposes of this section the term "volunteer" means a person authorized by a local probation department's director of the volunteer services program to participate in the local department's volunteer services program.
2. A local probation department may provide an attorney for and pay such attorney fees and expenses necessarily incurred in the defense of a volunteer in any civil action commenced against him by reason of a claim of alleged negligence or other act of such person arising out of and in the course of participating in a local department volunteer services program, and the local probation department may save harmless and indemnify such person from financial loss arising out of any claim, demand, suit of judgment by reason of the alleged negligence or other act by such person provided that, at the time that such claim arose or damages were sustained, such person was acting in the discharge of his duties and within the scope of his authorized duties and that such claim or cause of action or damages sustained did not result from the willful and wrongful act or gross negligence of such person.
3. A local probation department which authorizes indemnification under this section, however, shall not be subject to the obligations imposed by this section unless such volunteer shall, within five days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the local department and unless such person shall cooperate fully with the local probation department in the defense of said claim, demand or suit. Upon such delivery the local probation department may assume control of the representation of such person.
4. This section shall not in any way impair, limit or modify the rights and obligations under any policy of insurance.
5. The benefits of this section shall inure only to volunteers and shall not enlarge or diminish the rights of any other party.
§ 257-b. Conditional releasees; duties of supervision. 1. It shall be the duty of every probation officer to furnish each person who has been ordered to his or her supervision pursuant to subdivision two of section 70.40 of the penal law, with a statement of the conditions of release and to instruct such person with regard thereto; to keep informed concerning such person's conduct, habits, associates, employments, recreation and whereabouts; to contact such person pursuant to rules and regulations promulgated by the division; to aid and encourage such person by friendly advice and admonition and, by such other measures as may seem most suitable, to bring about improvement in such person's conduct, condition and general attitude toward society.
2. Probation officers shall report to the head of the local probation department who shall in turn report in writing to the local conditional release commission having custody of such person at least monthly concerning the conduct and condition of persons conditionally released pursuant to subdivision two of section 70.40 of the penal law; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from such persons; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with the supervision of such persons as may be required by rules and regulations promulgated by the division; and make any other reports to the division as it may require.
3. If at any time during the period of supervision, a probation officer has reasonable cause to believe a person conditionally released pursuant to subdivision two of section 70.40 of the penal law has lapsed into criminal ways or company, or has violated one or more conditions of his or her release, such probation officer shall report such fact to a member of the local conditional release commission having custody of such person.
* § 257-c. Probation administrative fee. 1. Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the probationer an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
2. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
3. The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation.
4. In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
5. Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services.
* NB Expires September 1, 2025
§ 258. Physical, mental and psychiatric examinations. Every county is charged with the duty to provide when practicable clinical facilities, and to adopt necessary rules for the use therefor, for such physical, mental and psychiatric examinations and reports as may be within the required scope of efficient probation investigation and supervision.
ARTICLE 12-B STATE BOARD OF PAROLE
Section 259. Definitions.
259-a. State board of parole; funding.
259-b. State board of parole; organization.
259-c. State board of parole; functions, powers and duties.
259-d. Hearing officers.
259-e. Institutional parole services.
259-h. Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-seven.
259-i. Procedures for the conduct of the work of the state board of parole.
259-j. Discharge of sentence.
259-k. Access to records and institutions.
259-l. Cooperation.
259-m. Compacts with other states for out-of-state parolee supervision.
259-mm. Interstate compact for adult offender supervision.
259-o. Interstate hearings for parole violations.
259-p. Interstate detention.
259-q. Civil actions against division personnel.
259-r. Release on medical parole for terminally ill inmates.
259-s. Release on medical parole for incarcerated individuals suffering significant debilitating illnesses.
259-t. Permitted activities.
259-t*2. Permitted activities.
§ 259. Definitions. When used in this article, the following terms shall have the following meanings:
1. "Board" means the state board of parole.
2. "Commissioner" means the commissioner of the department of corrections and community supervision.
3. "Community supervision" means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole.
4. "Department" means the department of corrections and community supervision.
5. "Releasee" means an individual released from an institution under the jurisdiction of the department into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole.
6. "Technical violation" means any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law.
7. "Non-technical violation" means: (a) the commission of a new felony or misdemeanor offense; or (b) conduct by a releasee who is serving a sentence for an offense defined in article 130 of the penal law or section 255.26 or 255.27 of such law, and such conduct violated a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.
8. "Absconding" means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's assigned community supervision officer or area bureau office and to notify his or her assigned community supervision officer or area bureau office of a change in residence, and reasonable efforts by the assigned community supervision officer to re-engage the releasee have been unsuccessful.
§ 259-b. State board of parole; organization. 1. There shall be in the department a state board of parole which shall possess the powers and duties hereinafter specified. The board shall function independently of the department regarding all of its decision-making functions, as well as any other powers and duties specified in this article, provided, however, that administrative matters of general applicability within the department shall be applicable to the board. Such board shall consist of not more than nineteen members appointed by the governor with the advice and consent of the senate. The term of office of each member of such board shall be for six years; provided, however, that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he is to succeed. In the event of the inability to act of any member, the governor may appoint some competent informed person to act in his stead during the continuance of such disability.
2. Each member of the board shall have been awarded a degree from an accredited four-year college or university or a graduate degree from such college or university or accredited graduate school and shall have had at least five years of experience in one or more of the fields of criminology, administration of criminal justice, law enforcement, sociology, law, social work, corrections, psychology, psychiatry or medicine.
3. The governor shall designate one of the members of the board as chairman to serve in such capacity at the pleasure of the governor or until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs. The chairman shall be responsible for the administrative functions and daily operations of the parole board and its staff, except as otherwise provided by law.
4. The members of the board shall not hold any other public office; nor shall they, at any time of their appointment nor during their incumbency, serve as a representative of any political party on an executive committee or other governing body thereof, nor as an executive officer or employee of any political committee, organization or association.
5. Each member of the board shall receive for his services an annual salary to be fixed by the governor within the amount appropriated therefor. Each member of such board shall also receive his necessary expenses actually incurred in the discharge of his duties.
6. Any member of the board may be removed by the governor for cause after an opportunity to be heard.
7. Except as otherwise provided by law, a majority of the board shall constitute a quorum for the transaction of all business of the board.
8. Members of the board shall devote their full time to their duties and shall hold no other salaried public position.
§ 259-c. State board of parole; functions, powers and duties. The state board of parole shall: * 1. have the power and duty of determining which incarcerated individuals serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or section two hundred fifty-nine-s of this article, and when and under what conditions;
* NB Effective until September 1, 2025
* 1. have the power and duty of determining which incarcerated individuals serving an indeterminate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r of this article, and when and under what conditions;
* NB Effective September 1, 2025
* 2. have the power and duty of determining the conditions of release of the person who may be presumptively released, conditionally released or subject to a period of post-release supervision under an indeterminate or determinate sentence of imprisonment;
* NB Effective until September 1, 2025
* 2. have the power and duty of determining the conditions of release of the person who may be conditionally released or subject to a period of post-release supervision under an indeterminate or reformatory sentence of imprisonment and of determining which incarcerated individuals serving a definite sentence of imprisonment may be conditionally released and when and under what conditions;
* NB Effective September 1, 2025
3. determine, as each incarcerated individual is received by the department, the need for further investigation of the background of such incarcerated individual. Upon such determination, the department shall cause such investigation as may be necessary to be made as soon as practicable, the results of such investigation together with all other information compiled by the department and the complete criminal record and family court record of such incarcerated individual to be filed so as to be readily available when the parole of such incarcerated individual is being considered;
4. establish written procedures for its use in making parole decisions as required by law. Such written procedures shall incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release, and assist members of the state board of parole in determining which incarcerated individuals may be released to parole supervision;
5. through its members, officers and employees, study or cause to be studied the incarcerated individuals confined in institutions over which the board has jurisdiction, so as to determine their ultimate fitness to be paroled;
6. have the power to revoke the community supervision status of any person and to authorize the issuance of a warrant for the re-taking of such persons;
8. have the power and perform the duty, when requested by the governor, of reporting to the governor the facts, circumstances, criminal records and social, physical, mental and psychiatric conditions and histories of incarcerated individuals under consideration by the governor for pardon or commutation of sentence and of applicants for restoration of the rights of citizenship;
9. for the purpose of any investigation in the performance of duties made by it or any member thereof, have the power to issue subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry;
10. have the power to authorize any members thereof and hearing officers to administer oaths and take the testimony of persons under oath;
11. make rules for the conduct of its work, a copy of such rules and of any amendments thereto to be filed by the chairman with the secretary of state;
12. to facilitate the supervision of all incarcerated individuals released on community supervision the chairman of the state board of parole shall consider the implementation of a program of graduated sanctions, including but not limited to the utilization of a risk and needs assessment instrument that would be administered to all incarcerated individuals eligible for parole supervision. Such a program would include various components including the use of alternatives to incarceration for technical parole violations;
13. transmit a report of the work of the state board of parole for the preceding calendar year to the governor and the legislature annually. Such report shall include statistical information regarding the demographics of persons granted release and considered for release to community supervision or deportation, including but not limited to age, gender, race, ethnicity, region of commitment and other relevant categories of classification and commitment;
14. notwithstanding any other provision of law to the contrary, where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty-five or two hundred sixty-three of the penal law or section 255.25, 255.26 or 255.27 of the penal lawand the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as a mandatory condition of such release, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting therewith or has a family member enrolled in such facility or institution, such sentenced offender may, with the written authorization of his or her parole officer and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the parole officer and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
15. Notwithstanding any other provision of law to the contrary, where a person is serving a sentence for an offense for which registration as a sex offender is required pursuant to subdivision two or three of section one hundred sixty-eight-a of the correction law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law or the internet was used to facilitate the commission of the crime, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as mandatory conditions of such release, that such sentenced offender shall be prohibited from using the internet to access pornographic material, access a commercial social networking website, communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and communicate with a person under the age of eighteen when such offender is over the age of eighteen, provided that the board may permit an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child. Nothing in this subdivision shall be construed as restricting any other lawful condition of supervision that may be imposed on such sentenced offender. As used in this subdivision, a "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons under eighteen years of age to be registered users for the purpose of establishing personal relationships with other users, where such persons under eighteen years of age may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communication with other users, such as a chat room or instant messenger; and (iii) communicate with persons over eighteen years of age; provided, however, that, for purposes of this subdivision, a commercial social networking website shall not include a website that permits users to engage in such other activities as are not enumerated herein.
15-a. Notwithstanding any other provision of law, where a person is serving a sentence for a violation of section 120.03, 120.04, 120.04-a, 125.12, 125.13 or 125.14 of the penal law, or a felony as defined in paragraph (c) of subdivision one of section eleven hundred ninety-three of the vehicle and traffic law, if such person is released on parole or conditional release the board shall require as a mandatory condition of such release, that such person install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of the vehicle and traffic law, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such parole or conditional release for such crime. Provided further, however, the board may not otherwise authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of the vehicle and traffic law.
16. determine which incarcerated individuals serving a definite sentence of imprisonment may be conditionally released from an institution in which he or she is confined in accordance with subdivision two of section 70.40 of the penal law.
17. within amounts appropriated, appoint attorneys to serve as its legal advisors. Such attorneys shall report directly to the board, provided, however, that administrative matters of general applicability within the department shall be applicable to such attorneys.
§ 259-d. Hearing officers. 1. The state board of parole shall appoint and shall have the power to remove, in accordance with the provisions of the civil service law, hearing officers who shall be authorized to conduct parole revocation proceedings. Hearing officers shall function independently of the department regarding all of their decision-making functions, and shall report directly to the board, provided, however, that administrative matters of general applicability within the department shall be applicable to all hearing officers. A hearing officer conducting such proceedings shall, when delegated such authority by the board in rules adopted by the board, be required to make a written decision in accordance with standards and rules adopted by the board. Nothing in this article shall be deemed to preclude a member of the state board of parole from exercising all of the functions, powers and duties of a hearing officer upon request of the chairman.
2. The board, acting in cooperation with the civil service commission, shall establish standards, preliminary requisites and requisites to govern the selection, appointment and removal of hearing officers. Such standards and requisites shall be designed to assure that persons selected as hearing officers have the ability to conduct parole revocation proceedings fairly and impartially. Such standards shall not require prior experience as a parole officer. The board shall have the authority to establish procedures necessary to implement this section.
§ 259-e. Institutional parole services. The department shall provide institutional parole services. Such services shall include preparation of reports and other data required by the state board of parole in the exercise of its functions with respect to release on presumptive release, parole, conditional release or post-release supervision of incarcerated individuals. Additionally, the department shall determine which incarcerated individuals are in need of a deaf language interpreter or an English language interpreter, and shall inform the board of such need within a reasonable period of time prior to an incarcerated individual's scheduled appearance before the board. Employees of the department who collect data, interview incarcerated individuals and prepare reports for the state board of parole in institutions under the jurisdiction of the department shall work under the direct supervision of the deputy commissioner of the department in charge of program services. Data and reports submitted to the board shall address the statutory factors to be considered by the board pursuant to the relevant provisions of section two hundred fifty-nine-i of this article.
§ 259-h. Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-seven. 1. The provisions of this subdivision shall apply in any case where a person is under one or more of the following sentences imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven:
(a) Life imprisonment for the crime of murder in the first degree pursuant to section ten hundred forty-five or ten hundred forty-five-a of such law;
(b) Life imprisonment for the crime of kidnapping pursuant to section twelve hundred fifty of such law; or
(c) Death commuted to life imprisonment for the crime of murder in the first degree or for the crime of kidnapping pursuant to one of the above sections.
Any such person who is not otherwise or who will not sooner become eligible for release on parole under such sentence shall be or become eligible for release on parole after service of a minimum period of imprisonment of twenty years.
2. The provisions of this subdivision shall apply in any case where a person is under one or more of the following sentences imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven:
(a) A minimum term of twenty years or more and a maximum of natural life for the crime of murder in the second degree pursuant to section ten hundred forty-eight of such law;
(b) A minimum term of twenty years or more and a maximum of natural life for the crime of kidnapping imposed pursuant to section twelve hundred fifty of such law;
(c) A minimum term of fifteen years or more and a maximum of natural life for a third conviction of a felony under laws relating to narcotic drugs pursuant to section nineteen hundred forty-one of such law; or
(d) A minimum term of fifteen years or more and a maximum of natural life for a fourth conviction of a felony pursuant to section nineteen hundred forty-two of such law.
Any person who is not otherwise or who will not sooner become eligible for release on parole under such sentence shall be or become eligible for release on parole after service of a minimum period of imprisonment of fifteen years.
3. The provisions of this subdivision shall apply in any case where a person is under a sentence imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven, other than a sentence specified in subdivisions one and two of this section. Any person who is not otherwise or who will not sooner become eligible for release on parole shall be or become eligible for release on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.
Notwithstanding the provisions of subdivisions one and two hereof, incarcerated individuals convicted of murder, second degree, and sentenced pursuant to the provisions of the penal law in effect prior to September first, nineteen hundred sixty-seven, who are not otherwise or who will not sooner become eligible for release on parole, shall be eligible for release on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.
4. In calculating time required to be served prior to eligibility for parole under the minimum periods of imprisonment established by this section the following rules shall apply:
(a) Service of such time shall be deemed to have commenced on the day the incarcerated individual was received in an institution under the jurisdiction of the department pursuant to the sentence;
(b) Where an incarcerated individual is under more than one sentence, (i) if the sentences run concurrently, the time served under imprisonment on any of the sentences shall be credited against the minimum periods of all the concurrent sentences, and (ii) if the sentences run consecutively, the minimum periods of imprisonment shall merge in and be satisfied by service of the period that has the longest unexpired time to run;
(c) No credit shall be allowed for "good conduct and efficient and willing performance of duties," under former section two hundred thirty of the correction law, repealed by chapter four hundred seventy-six of the laws of nineteen hundred seventy and continued in effect as to certain incarcerated individuals, or under any other provision of law;
(d) Calculations with respect to "jail time" "time served under vacated sentence" and interruption for "escape" shall be in accordance with the provisions of subdivisions three, five and six of section 70.30 of the penal law as enacted by chapter ten hundred thirty of the laws of nineteen hundred sixty-five, as amended.
5. The provisions of this section shall not be construed as diminishing the discretionary authority of the board of parole to determine whether or not an incarcerated individual is to be paroled.
§ 259-i. Procedures for the conduct of the work of the state board of parole.
2. Parole. * (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order, mandatory surcharge, sex offender registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law. If the incarcerated individual is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release.
(ii) Any incarcerated individual who is scheduled for presumptive release pursuant to section eight hundred six of the correction lawshall not appear before the board as provided in subparagraph (i) of this paragraph unless such incarcerated individual's scheduled presumptive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the incarcerated individual shall appear before the board for release consideration as provided in subparagraph (i) of this paragraph as soon thereafter as is practicable.
* NB Effective until September 1, 2025
* (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally interview an incarcerated individual serving an indeterminate sentence and determine whether he or she should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the parolee comply with any restitution order and mandatory surcharge previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law. If the incarcerated individual is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release.
* NB Effective September 1, 2025
(b) Persons presumptively released, paroled, conditionally released or released to post-release supervision from an institution under the jurisdiction of the department, the department of mental hygiene or the office of children and family services shall, while on presumptive release, parole, conditional release or post-release supervision, be in the legal custody of the department until expiration of the maximum term or period of sentence, or expiration of the period of supervision, including any period of post-release supervision, or return to imprisonment in the custody of the department, as the case may be.
(c) (A) Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined but after considering if there is a reasonable probability that, if such incarcerated individual is released, he or she will live and remain at liberty without violating the law, and that his or her release is not incompatible with the welfare of society and will not so deprecate the seriousness of his or her crime as to undermine respect for law. In making the parole release decision, the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article shall require that the following be considered: (i) the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interactions with staff and incarcerated individuals; (ii) performance, if any, as a participant in a temporary release program; (iii) release plans including community resources, employment, education and training and support services available to the incarcerated individual; (iv) any deportation order issued by the federal government against the incarcerated individual while in the custody of the department and any recommendation regarding deportation made by the commissioner of the department pursuant to section one hundred forty-seven of the correction law; (v) any current or prior statement made to the board by the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated; (vi) the length of the determinate sentence to which the incarcerated individual would be subject had he or she received a sentence pursuant to section 70.70 or section 70.71 of the penal law for a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law; (vii) the seriousness of the offense with due consideration to the type of sentence, length of sentence and recommendations of the sentencing court, the district attorney, the attorney for the incarcerated individual, the pre-sentence probation report as well as consideration of any mitigating and aggravating factors, and activities following arrest prior to confinement; and (viii) prior criminal record, including the nature and pattern of offenses, adjustment to any previous probation or parole supervision and institutional confinement. The board shall provide toll free telephone access for crime victims. In the case of an oral statement made in accordance with subdivision one of section 440.50 of the criminal procedure law, the parole board member shall present a written report of the statement to the parole board. A crime victim's representative shall mean the crime victim's closest surviving relative, the committee or guardian of such person, or the legal representative of any such person. Such statement submitted by the victim or victim's representative may include information concerning threatening or intimidating conduct toward the victim, the victim's representative, or the victim's family, made by the person sentenced and occurring after the sentencing. Such information may include, but need not be limited to, the threatening or intimidating conduct of any other person who or which is directed by the person sentenced. Any statement by a victim or the victim's representative made to the board shall be maintained by the department in the file provided to the board when interviewing the incarcerated individual in consideration of release. A victim or victim's representative who has submitted a written request to the department for the transcript of such interview shall be provided such transcript as soon as it becomes available.
(B) Where a crime victim or victim's representative as defined in subparagraph (A) of this paragraph, or other person submits to the parole board a written statement concerning the release of an incarcerated individual, the parole board shall keep that individual's name and address confidential.
(d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subdivision, after the incarcerated individual has served his or her minimum period of imprisonment imposed by the court, or at any time after the incarcerated individual's period of imprisonment has commenced for an incarcerated individual serving a determinate or indeterminate term of imprisonment, provided that the incarcerated individual has had a final order of deportation issued against him or her and provided further that the incarcerated individual is not convicted of either an A-I felony offense other than an A-I felony offense as defined in article two hundred twenty of the penal law or a violent felony offense as defined in section 70.02 of the penal law, if the incarcerated individual is subject to deportation by the United States Bureau of Immigration and Customs Enforcement, in addition to the criteria set forth in paragraph (c) of this subdivision, the board may consider, as a factor warranting earlier release, the fact that such incarcerated individual will be deported, and may grant parole from an indeterminate sentence or release for deportation from a determinate sentence to such incarcerated individual conditioned specifically on his or her prompt deportation. The board may make such conditional grant of early parole from an indeterminate sentence or release for deportation from a determinate sentence only where it has received from the United States Bureau of Immigration and Customs Enforcement assurance (A) that an order of deportation will be executed or that proceedings will promptly be commenced for the purpose of deportation upon release of the incarcerated individual from the custody of the department of correctional services, and (B) that the incarcerated individual, if granted parole or release for deportation pursuant to this paragraph, will not be released from the custody of the United States Bureau of Immigration and Customs Enforcement, unless such release be as a result of deportation without providing the board a reasonable opportunity to arrange for execution of its warrant for the retaking of such person.
(ii) An incarcerated individual who has been granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph shall be delivered to the custody of the United States Bureau of Immigration and Customs Enforcement along with the board's warrant for his or her retaking to be executed in the event of his release from such custody other than by deportation. In the event that such person is not deported, the board shall execute the warrant, effect his return to imprisonment in the custody of the department and within sixty days after such return, provided that the person is serving an indeterminate sentence and the minimum period of imprisonment has been served, personally interview him or her to determine whether he or she should be paroled in accordance with the provisions of paragraphs (a), (b) and (c) of this subdivision. The return of a person granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph for the reason set forth herein shall not be deemed to be a parole delinquency and the interruptions specified in subdivision three of section 70.40 of the penal law shall not apply, but the time spent in the custody of the United States Bureau of Immigration and Customs Enforcement shall be credited against the term of the sentence in accordance with the rules specified in paragraph (c) of that subdivision. Notwithstanding any other provision of law, any incarcerated individual granted parole from an indeterminate sentence or release for deportation from a determinate sentence pursuant to this paragraph who is subsequently committed to imprisonment in the custody of the department for a felony offense committed after release pursuant to this paragraph shall have his parole eligibility date on the indeterminate sentence for the new felony offense, or his or her conditional release date on the determinate sentence for the new felony offense, as the case may be, extended by the amount of time between the date on which such incarcerated individual was released from imprisonment in the custody of the department pursuant to this paragraph and the date on which such incarcerated individual would otherwise have completed service of the minimum period of imprisonment on the prior felony offense.
(e) Notwithstanding the requirements of paragraph (a) of this subdivision, the determination to parole an incarcerated individual who has successfully completed the shock incarceration program pursuant to section eight hundred sixty-seven of the correction law may be made without a personal interview of the incarcerated individual and shall be made in accordance with procedures set forth in the rules of the board. If parole is not granted, the time period for reconsideration shall not exceed the court imposed minimum.
3. Revocation of presumptive release, parole, conditional release and post-release supervision. (a) (i) If the parole officer having charge of a presumptively released, paroled or conditionally released person or a person released to post-release supervision or a person received under the uniform act for out-of-state parolee supervision shall have probable cause to believe that such person has committed a technical violation, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a written notice of violation may be issued according to the terms of subparagraph (iii) of paragraph (c) of this subdivision, and shall be promptly served upon such person. If the releasee has failed to appear as directed in response to a notice of violation and has failed to appear voluntarily within forty-eight hours after such time and the person would be subject to incarceration pursuant to subparagraph (xii) of paragraph (f) of this subdivision should the violation be sustained at a final revocation hearing, a warrant may be issued for the retaking of such person and for his temporary detention pending a recognizance hearing in accordance with the rules of the board. If the person has intentionally failed to appear as directed in response to a notice of violation and has intentionally failed to appear voluntarily within forty-eight hours after such time and the person would not be subject to incarceration pursuant to paragraph (f) of this subdivision should the violation be sustained at a final revocation hearing, no warrant shall issue and the violation shall be deemed sustained. Notice of that decision shall be promptly served upon the releasee. In such case, within one month of the date the notice of decision was served upon the releasee, the releasee may move to vacate such a sustained violation if the releasee can show by a preponderance of the evidence that the notice of violation was not properly served or the failure to appear was otherwise excusable. If the parole officer having charge of a person under community supervision shall have probable cause to believe that such person has committed a non-technical violation, such parole officer shall report such fact to a member of the board, or to any officer of the department designated by the board, and thereupon a notice of violation may be issued or a warrant may be issued for the retaking of such person and for his temporary detention in accordance with the rules of the board. However, if a releasee has been determined to be currently unfit to proceed to trial or is currently subject to a temporary or final order of observation pursuant to article seven hundred thirty of the criminal procedure law, no notice of violation or warrant shall be issued. The issuance of a notice of violation, service of a notice of violation, service of a notice of decision, and the retaking and detention of any person for whom a warrant has been issued pursuant to this subparagraph may be further regulated by rules and regulations of the department not inconsistent with this article. A warrant issued pursuant to this section shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is delivered to hold in temporary detention the person named therein pending a recognizance hearing pursuant to subparagraph (iv) of this paragraph. It shall not be a condition of parole nor may a notice of violation or a warrant be issued due to a releasee being in the company of or fraternizing with any person the releasee knows has a criminal record or knows has been adjudicated a youthful offender or due to conduct related to cannabis that is lawful pursuant to the laws of New York.
(ii) A warrant issued for a presumptive release, a parole, a conditional release or a post-release supervision violator may be executed by any parole officer or any officer authorized to serve criminal process or any peace officer, who is acting pursuant to his special duties, or police officer. Any such officer to whom such warrant shall be delivered is authorized and required to execute such warrant by taking such person and having him detained as provided in this paragraph.
(iii) Where the alleged violator is detained in another state pursuant to such warrant and is not under parole supervision pursuant to the uniform act for out-of-state parolee supervision or where an alleged violator under parole supervision pursuant to the uniform act for out-of-state parolee supervision is detained in a state other than the receiving state, the warrant will not be deemed to be executed until the alleged violator is detained exclusively on the basis of such warrant and the department has received notification that the alleged violator (A) has formally waived extradition to this state or (B) has been ordered extradited to this state pursuant to a judicial determination. The alleged violator will not be considered to be within the convenience and practical control of the department until the warrant is deemed to be executed.
(iv) Notwithstanding the provisions of any other law, upon execution of a warrant issued pursuant to this section for any releasee alleged to have committed a violation of a condition of release in an important respect in the city of New York, the authorized officer shall present the releasee to the criminal court of the city of New York or the supreme court criminal term in the county where the violation is alleged to have been committed for a recognizance hearing within twenty-four hours of the execution of the warrant. If no such court of record is available to conduct any business of any type within twenty-four hours of the execution of the warrant, the recognizance hearing shall commence on the next day such a court in the jurisdiction is available to conduct any business of any type. For any releasee alleged to have committed a violation of a condition of release in an important respect outside of the city of New York, the authorized officer shall present the releasee to a county court, district court or city court in the county or city where the violation is alleged to have been committed for a recognizance hearing. If no such court of record is available to conduct any business of any type within twenty-four hours of the execution of the warrant, the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.
(v) At a recognizance hearing, the department shall have the burden of demonstrating to the court that the executed warrant was properly issued and served pursuant to this section. The department shall be responsible for presenting information to the court regarding the alleged violation and the releasee's community supervision record. If the alleged violation is the subject of a pending criminal prosecution, the department shall coordinate with the office of the district attorney to ensure information regarding the alleged violation and the releasee's community supervision record is presented to the court. At a recognizance hearing, the department shall have the burden of demonstrating to the court that the executed warrant was properly issued and served pursuant to this section. The department shall be responsible for presenting information to the court regarding the alleged violation and the releasee's community supervision record. If the alleged violation is the subject of a pending criminal prosecution, the department shall coordinate with the office of the district attorney to ensure information regarding the alleged violation and the releasee's community supervision record is presented to the court.
(vi) At a recognizance hearing, the court shall consider all available evidence of the releasee's employment, family and community ties including length of residency in the community, history of reporting in a timely fashion to a parole or supervisory officer, and other indicators of stability. At the conclusion of the recognizance hearing, the court may order that the releasee be detained pending a preliminary or final revocation hearing only upon a finding that the releasee currently presents a substantial risk of willfully failing to appear at the preliminary or final revocation hearings and that no non-monetary condition or combination of conditions in the community will reasonably assure the releasee's appearance at the preliminary or final revocation hearing. Otherwise, the court shall release the releasee on the least restrictive non-monetary conditions that will reasonably assure the releasee's appearance at subsequent preliminary or revocation hearings, with a presumption of release on recognizance. The court shall explain its decision on the record or in writing. If non-monetary conditions of release are imposed, the releasee shall not be required to pay for any part of the cost of such conditions.
(vii) The alleged violator shall have a right to representation by counsel at the recognizance hearing. In any case, including when a court is called upon to evaluate the capacity of an alleged violator to participate in a recognizance proceeding, where such person is financially unable to retain counsel, the court in which any criminal case against the individual is pending, or if there is no such case pending, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is to be held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(viii) If the violation charge involves conduct that would constitute a new felony or misdemeanor offense, such recognizance hearing may be held at the same time as a proceeding pursuant to article five hundred thirty of the criminal procedure law for any warrants issued by the department prior to such proceeding. If at the proceeding pursuant to article five hundred thirty of the criminal procedure law the court imposes bail on the new alleged criminal offense or commits the releasee to the custody of the sheriff pursuant to article five hundred thirty of the criminal procedure law and the releasee secures release by paying bail or under non-monetary conditions or by operation of law, then the releasee shall not be detained further based solely on the warrant issued by the department. If the department issues a warrant for a non-technical violation for alleged criminal conduct that has already been the subject of a court's order pursuant to article five hundred thirty of the criminal procedure law, then within twenty-four hours of execution of the warrant the releasee shall be provided a recognizance hearing pursuant to this subparagraph, provided, however, that if no court as defined in subparagraph (iv) of this paragraph is available to conduct any business of any type within twenty-four hours of the execution of the warrant, then the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.
(b) A person who shall have been taken into custody pursuant to this subdivision for violation of one or more conditions of presumptive release, parole, conditional release or post-release supervision shall, insofar as practicable, be incarcerated in the county or city in which the arrest occurred.
(c) (i) (A) For any alleged technical violation for which a notice of violation was issued or a person was released on recognizance pursuant to subparagraph (iv) of paragraph (a) of this subdivision, the department shall within ten days of the issuance of the notice of violation or the order of release on recognizance afford the person a preliminary revocation hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator. Such hearing shall not be held at a correctional facility, detention center or local correctional facility. The hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(B) For any alleged violation for which a court issued an order detaining a person, within five days of the issuance of such order to detain or execution of a warrant for the violation, the department shall afford such person a preliminary hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator. For any alleged violation for which a person was released on recognizance, within ten days of the issuance of the order of release on recognizance, the department shall afford such person a preliminary revocation hearing.
(ii) The preliminary presumptive release, parole, conditional release or post-release supervision revocation hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(iii) The alleged violator shall, at the time a notice of violation is issued or at the time of a recognizance hearing, be given written notice of the time, place and purpose of the preliminary hearing, or if no preliminary hearing is required pursuant to this section, of the final revocation hearing. The notice shall state what conditions of community supervision are alleged to have been violated, and in what manner; that such person shall have the right to appear and speak in his or her own behalf; that he or she shall have the right to introduce letters and documents; that he or she may present witnesses who can give relevant information to the hearing officer; that he or she has the right to confront the witnesses against him or her; that such person shall have the right to representation by counsel at any preliminary and final revocation hearings; and the name and contact details for institutional defenders or assigned private counsel, as applicable. Adverse witnesses may be compelled to attend the preliminary hearing unless the prisoner has been convicted of a new crime while on supervision or unless the hearing officer finds good cause for their non-attendance. As far as practicable or feasible, any additional documents having been collected or prepared that are relevant to the charge shall be delivered to the alleged violator.
(iv) The standard of proof at the preliminary hearing shall be a preponderance of the evidence to believe that the releasee has violated one or more conditions of his or her community supervision in an important respect. Proof of conviction of a crime committed while under supervision shall constitute prima facie evidence of a violation of a condition of community supervision for the purposes of this subparagraph.
(v) At the preliminary hearing, the hearing officer shall review the violation charges with the alleged violator, direct the presentation of evidence concerning the alleged violation, receive the statements of witnesses and documentary evidence on behalf of the prisoner, and allow cross examination of those witnesses in attendance.
(vi) At the conclusion of the preliminary hearing, the hearing officer shall inform the alleged violator of his or her decision as to whether there is probable cause to believe that the presumptive releasee, parolee, conditional releasee or person on post-release supervision has violated one or more conditions of his or her release in an important respect. Based solely on the evidence adduced at the hearing, the hearing officer shall determine whether there is probable cause to believe that such person has violated his or her presumptive release, parole, conditional release or post-release supervision in an important respect. The hearing officer shall in writing state the reasons for his or her determination and the evidence relied on. A copy of the written findings shall be sent to both the alleged violator and his or her counsel.
(vii) If the hearing officer is satisfied that there is no probable cause to believe that such person has violated one or more conditions of release in an important respect, he or she shall dismiss the notice of violation and direct such person be restored to supervision.
(viii) If the hearing officer is satisfied that there is probable cause to believe that such person has violated one or more conditions of release in an important respect, he or she shall so find.
(ix) If the hearing officer finds by a preponderance of the evidence that such person has violated one or more conditions of community supervision in an important respect, the releasee shall, at the conclusion of the preliminary hearing be given written notice of the time, place and purpose of the final revocation hearing. The notice shall state what conditions of community supervision are alleged to have been violated, when, where and in what manner; that such person shall have the right to representation by counsel at any final revocation hearing; that such person shall have the right to appear and speak in his or her own behalf; that he or she shall have the right to introduce letters and documents; that he or she may present witnesses who can give relevant information to the hearing officer; that he or she has the right to confront the witnesses against him or her; and the name and contact details for institutional defenders or assigned private counsel, as applicable. Any additional documents having been collected or prepared that support the charges shall be delivered to the releasee. Adverse witnesses may be compelled to attend the final revocation hearing unless the prisoner has been convicted of a new crime while on supervision or unless the hearing officer finds good cause for their non-attendance.
(x) The alleged violator shall have a right to representation by counsel at the preliminary hearing. In any case, including when a court is called upon to evaluate the capacity of an alleged violator in a preliminary proceeding, where such person is financially unable to retain counsel, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
* (d) If a finding of probable cause is made pursuant to this subdivision either by a determination at a preliminary hearing or by the waiver thereof, or if the releasee has been convicted of a new crime while under presumptive release, parole, conditional release or post-release supervision, the board's rules shall provide for (i) declaring such person to be delinquent as soon as practicable and shall require reasonable and appropriate action to make a final determination with respect to the alleged violation or (ii) ordering such person to be restored to presumptive release, parole, conditional release or post-release supervision under such circumstances as it may deem appropriate or (iii) when a presumptive releasee, parolee, conditional releasee or person on post-release supervision has been convicted of a new felony committed while under such supervision and a new indeterminate or determinate sentence has been imposed, the board's rules shall provide for a final declaration of delinquency. The incarcerated individual shall then be notified in writing that his or her release has been revoked on the basis of the new conviction and a copy of the commitment shall accompany said notification. The incarcerated individual's next appearance before the board shall be governed by the legal requirements of said new indeterminate or determinate sentence, or shall occur as soon after a final reversal of the conviction as is practicable.
* NB Effective until September 1, 2025
* (d) If a finding of probable cause is made pursuant to this subdivision either by determination at a preliminary hearing or by the waiver thereof, or if the releasee has been convicted of a new crime while under his present parole or conditional release supervision, the board's rules shall provide for (i) declaring such person to be delinquent as soon as practicable and shall require reasonable and appropriate action to make a final determination with respect to the alleged violation or (ii) ordering such person to be restored to parole supervision under such circumstances as it may deem appropriate or (iii) when a parolee or conditional releasee has been convicted of a new felony committed while under his or her present parole or conditional release supervision and a new indeterminate sentence has been imposed, the board's rules shall provide for a final declaration of delinquency. The incarcerated individual shall then be notified in writing that his or her release has been revoked on the basis of the new conviction and a copy of the commitment shall accompany said notification. The incarcerated individual's next appearance before the board shall be governed by the legal requirements of said new indeterminate sentence, or shall occur as soon after a final reversal of the conviction as is practicable.
* NB Effective September 1, 2025
(e) (i) If the alleged violator requests a local revocation hearing, he or she shall be given a revocation hearing reasonably near the place of the alleged violation or arrest if he or she has not been convicted of a crime committed while under supervision. However, the board may, on its own motion, designate a case for a local revocation hearing.
(ii) If there are two or more alleged violations, the hearing may be conducted near the place of the violation chiefly relied upon as a basis for the issuance of the warrant as determined by the board.
(iii) If a local revocation hearing is not ordered pursuant to subparagraph (i) of this paragraph the alleged violator shall be given a revocation hearing upon his or her return to a state correctional facility.
(f) (i) For any releasee charged with a violation at a preliminary hearing:
(A) If a court issued an order detaining a person after a finding by a preponderance of the evidence that such person committed a violation then within thirty days of the finding by a preponderance of the evidence determination at the preliminary hearing, the department shall afford such person a final revocation hearing in person before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator.
(B) (1) If a notice of violation was issued or such person was released on recognizance the department shall within forty-five days of the issuance of the notice of violation or the order of release on recognizance afford the person a final revocation hearing before a hearing officer designated by the department. Such hearing officer shall not have had any prior supervisory involvement over the alleged violator.
(2) The final revocation hearing shall not be held at a correctional facility, detention center or local correctional facility. Such hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.
(3) The department shall have six months from the date of the effective date of the chapter of the laws of two thousand twenty-one that amended this paragraph to begin to hold such hearings at allowable locations.
(C) However, if an alleged violator requests and receives any postponement of his or her revocation hearing, or consents to a postponed revocation proceeding initiated by the board, or if an alleged violator, by his actions otherwise precludes the prompt conduct of such proceedings, the time limit may be extended.
(ii) The revocation hearing shall be conducted by a presiding officer who may be a member or a hearing officer designated by the board in accordance with rules of the board.
(iii) Both the alleged violator and an attorney who has filed a notice of appearance on his or her behalf in accordance with the rules of the board of parole shall be given written notice of the date, place and time of the hearing pursuant to subparagraph (ix) of paragraph (c) of this subdivision.
(iv) The alleged violator shall be given written notice of the rights enumerated in subparagraph (iii) of paragraph (c) of this subdivision as well as of his or her right to present mitigating evidence relevant to restoration to presumptive release, parole, conditional release or post-release supervision and his or her right to counsel.
(v) The alleged violator shall have a right to representation by counsel at the revocation hearing. In any case, including when a superior court is called upon to evaluate the capacity of an alleged violator in a revocation proceeding, where such person is financially unable to retain counsel, the criminal court of the city of New York, the county court or district court in the county where the violation is alleged to have occurred or where the hearing is held, shall assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law. He or she shall have the right to confront and cross-examine adverse witnesses, unless there is good cause for their non-attendance as determined by the presiding officer; present witnesses and documentary evidence in defense of the charges; and present witnesses and documentary evidence relevant to the question whether reincarceration of the alleged violator is appropriate.
(vi) At the revocation hearing, the charges shall be read and the alleged violator shall be permitted to plead not guilty, guilty, guilty with explanation or to stand mute. As to each charge, evidence shall be introduced through witnesses and documents, if any, in support of that charge. At the conclusion of each witness's direct testimony, he or she shall be made available for cross-examination. If the alleged violator intends to present a defense to the charges or to present evidence of mitigating circumstances, the alleged violator shall do so after presentation of all the evidence in support of a violation of presumptive release, parole, conditional release or post-release supervision.
(vii) All persons giving evidence at the revocation hearing shall be sworn before giving any testimony as provided by law.
(viii) At the conclusion of the hearing the presiding officer may sustain any or all of the violation charges or may dismiss any or all violation charges. He or she may sustain a violation charge only if the charge is supported by clear and convincing evidence. Conduct that formed the basis of an arrest shall not form a basis of a sustained parole violation if a court has adjudicated the matter with an acquittal, adjournment in contemplation of dismissal, or violation.
(ix) If the presiding officer is not satisfied that there is clear and convincing evidence in support of the violation, he or she shall dismiss the violation, cancel the delinquency and restore the person to presumptive release, parole, conditional release or post-release supervision.
(x) If the presiding officer is satisfied that there is clear and convincing evidence that the alleged violator violated one or more conditions of release in an important respect, he or she shall so find. For each sustained technical violation the presiding officer shall direct that no earned time credits shall be awarded for the thirty day period commencing from the date of the sustained violation. For any absconding violation found, the presiding officer shall direct that no earned time credits shall be awarded for the entire time period during which a releasee was found to have absconded from supervision.
(xi) Incarceration shall not be imposed for any technical violation, except as provided in subparagraph (xii) of this paragraph.
(xii) For each violation found, the presiding officer may (A) direct that the releasee be restored to supervision; (B) as an alternative to reincarceration, direct the releasee receive re-entry services in the community from qualified nonprofit agencies; or (C) direct the violator's reincarceration and for non-technical violations fix a date for consideration by the board for re-release on presumptive release, or parole or conditional release, as the case may be; or (D) for non-technical violations in the case of persons released to a period of post-release supervision, direct the violator's reincarceration up to the balance of the remaining period of post-release supervision, not to exceed five years; provided, however, that a defendant serving a term of post-release supervision for a conviction of a felony sex offense defined in section 70.80 of the penal law may be subject to a further period of imprisonment up to the balance of the remaining period of post-release supervision, shall apply for technical violations; and the following limitations:
(1) Absconding. For absconding up to seven days reincarceration may be imposed for the first violation, up to fifteen days reincarceration may be imposed for the second violation, and up to thirty days reincarceration may be imposed for the third or any subsequent violation;
(2) Sanctions for certain technical violations. Reincarceration shall not be imposed for a sustained technical violation that involves: (a) violating curfew; (b) alcohol use, provided however that incarceration is permissible for alcohol use if the person is subject to community supervision due to a conviction for driving under the influence of alcohol; (c) drug use, provided, however incarceration is permissible for drug use if the person is subject to community supervision due to a conviction for driving under the influence of drugs; (d) failing to notify parole officer of a change in employment or program status; (e) failing to pay surcharges and fees; (f) obtaining a driver's license or driving a car with a valid driver's license, provided however incarceration is permissible if either action is explicitly prohibited by the person's conviction; (g) failing to notify community supervision officer of contact with any law enforcement agency, provided however, incarceration is permissible if the person intended to hide illegal behavior; (h) failing to obey other special conditions, provided however that incarceration is permissible if the failure cannot be addressed in the community and all reasonable community-based means to address the failure have been exhausted; and
(3) Sanctions for all other technical violations. For all other technical violations, no period of reincarceration may be imposed for the first and second substantiated technical violations for which incarceration may be imposed; up to seven days reincarceration may be imposed for the third substantiated technical violation for which incarceration may be imposed; up to fifteen days reincarceration may be imposed for the fourth substantiated technical violation for which incarceration may be imposed; up to thirty days reincarceration may be imposed for the fifth and subsequent substantiated technical violations for which incarceration may be imposed.
(xiii) If a warrant was executed pursuant to subparagraph (iv) of paragraph (a) of this subdivision by a criminal court and the court released the person pending a preliminary or final revocation hearing, any period of reincarceration imposed pursuant to this paragraph shall be counted from the date of issuance of a determination after a final revocation hearing that the person has violated one or more conditions of community supervision, and the time between execution of the warrant and release of the person pending a preliminary or final revocation hearing shall count toward any period of reincarceration imposed pursuant to this paragraph. If a releasee is committed to the custody of the sheriff pursuant to article five hundred thirty of the criminal procedure law, any time the person spent confined in a correctional facility or local correctional facility shall be credited toward any period of reincarceration imposed pursuant to this paragraph. In all cases, the presiding officer shall impose the least restrictive reasonable sanction. Any periods of reincarceration imposed pursuant to this section shall run concurrently if more than one violation is sustained. If a period of reincarceration is imposed pursuant to this paragraph, the releasee shall be released from custody upon expiration of the period or the end of the releasee's period of community supervision, whichever shall be sooner. For the violator serving an indeterminate sentence who while re-incarcerated has not been found by the department to have committed a serious disciplinary infraction, such violator shall be re-released on the date fixed at the revocation hearing. For the violator serving an indeterminate sentence who has been found by the department to have committed a serious disciplinary infraction while re-incarcerated, the department shall refer the violator to the board for consideration for re-release to community supervision. Upon such referral the board may waive the personal interview between a member or members of the board and the violator to determine the suitability for re-release when the board directs that the violator be re-released upon expiration of the time assessment. The board shall retain the authority to suspend the date fixed for re-release based on the violator's commission of a serious disciplinary infraction and shall in such case require a personal interview be conducted within a reasonable time between a panel of members of the board and the violator to determine suitability for re-release. If an interview is required, the board shall notify the violator in advance of the date and time of such interview in accordance with the rules and regulations of the board.
(xiv) If the presiding officer sustains any violations, such officer must prepare a written statement, to be made available to the alleged violator and his or her counsel, indicating the evidence relied upon and the reasons for revoking presumptive release, parole, conditional release or post-release supervision, and for the disposition made. The presiding officer shall also advise the alleged violator in a written statement that revocation will result in loss of the right to vote while he or she is serving the remainder of his or her felony sentence in a correctional facility and that the right to vote will be restored upon his or her release.
(xv) If at any time during a revocation proceeding the alleged violator, his or her counsel, or an employee of the department contends, or if it reasonably appears to the hearing officer, that the alleged violator is an incapacitated person as that term is defined in subdivision one of section 730.10 of the criminal procedure law and no judicial determination has been made that the alleged violator is an incapacitated person, the revocation proceeding shall be temporarily stayed until the superior court determines whether or not the person is fit to proceed. The matter shall be promptly referred to the superior court for determination of the alleged violator's fitness to proceed in a manner consistent with the provisions of article seven hundred thirty of the criminal procedure law, provided however that the superior court shall immediately appoint counsel for any unrepresented alleged violator eligible for appointed counsel under subparagraph (v) of this paragraph. The court shall decide whether or not the alleged violator is incapacitated within thirty days of the referral from the hearing officer. If the court determines that the alleged violator is not an incapacitated person, the court shall order that the matter be returned to the board of parole for continuation and disposition of the revocation proceeding. If the court determines that the alleged violator is an incapacitated person and if no felony charges are pending against the alleged violator, the court shall issue a final order of observation committing such person to the custody of the commissioner of mental health or the commissioner of developmental disabilities for care and treatment in an appropriate institution in a manner consistent with subdivision one of section 730.40 of the criminal procedure law. If a final order of observation has been issued pursuant to this section, the hearing officer shall dismiss the violation charges and such dismissal shall act as a bar to any further proceeding under this section against the alleged violator for such violations. If felony criminal charges are pending at any time against an alleged violator who has been referred to superior court for a fitness evaluation but before a determination of fitness has been made pursuant to this section, the court shall decide whether or not the alleged violator is incapacitated pursuant to article seven hundred thirty of the criminal procedure law and the revocation proceeding shall be held in abeyance until such decision has been reached. The hearing officer shall adopt the capacity finding of the court and either terminate the revocation process if an order of observation has been made by the court or proceed with the revocation hearing if the alleged violator has been found not to be an incapacitated person.
(g) Revocation of presumptive release, parole, conditional release or post-release supervision shall not prevent re-parole or re-release provided such re-parole or re-release is not inconsistent with any other provisions of law. When there has been a revocation of the period of post-release supervision imposed on a felony sex offender who owes three years or more on such period imposed pursuant to subdivision two-a of section 70.45 of the penal law, and a time assessment of three years or more has been imposed, the violator shall be reviewed by the board of parole and may be restored to post-release supervision only after serving three years of the time assessment, and only upon a determination by the board of parole made in accordance with the procedures set forth in this section. Even if the hearing officer has imposed a time assessment of a certain number of years of three years or more, the violator shall not be released at or before the expiration of that time assessment unless the board authorizes such release, the period of post-release supervision expires, or release is otherwise authorized by law. If a time assessment of less than three years was imposed upon such a defendant, the defendant shall be released upon the expiration of such time assessment, unless he or she is subject to further imprisonment or confinement under any other law.
(h) If the alleged violation is not sustained and the alleged violator is restored to supervision, the interruptions specified in subdivision three of section 70.40 of the penal law shall not apply, but the time spent in custody in any state or local correctional institution shall be credited against the term of the sentence in accordance with the rules specified in paragraph (c) of such subdivision.
(i) Where there is reasonable cause to believe that a presumptive releasee, parolee, conditional releasee or person under post-release supervision has absconded from supervision the board may declare such person to be delinquent. This paragraph shall not be construed to deny such person a preliminary revocation hearing upon his retaking, nor to relieve the department of any obligation it may have to exercise due diligence to retake the alleged absconder, nor to relieve the parolee or releasee of any obligation he may have to comply with the conditions of his release.
4. Appeals. (a) Except for determinations made upon preliminary hearings upon allegations of violation of presumptive release, parole, conditional release or post-release supervision, all determinations made pursuant to this section may be appealed in accordance with rules promulgated by the board. Any board member who participated in the decision from which the appeal is taken may not participate in the resolution of that appeal. The rules of the board may specify a time within which any appeal shall be taken and resolved.
(b) Upon an appeal to the board, the incarcerated individual may be represented by an attorney. Where the incarcerated individual is financially unable to provide for his or her own attorney, upon request an attorney shall be assigned pursuant to the provisions of subparagraph (v) of paragraph (f) of subdivision three of this section.
(c) All board of parole administrative appeal findings and recommendations shall be published within one hundred twenty days of the determination on a publicly accessible website that includes a word-searchable database. The department of corrections and community supervision shall provide electronic or print copies of such findings and recommendations to all correctional facility law libraries on a quarterly basis. Copies of such individual findings and recommendations shall also be made available upon written request to the department of corrections and community supervision. Information which would reveal confidential material that may not be released pursuant to federal or state law shall be redacted from any such website or findings and recommendations.
4-a. Appeals from non-technical violation findings. (a) Notwithstanding the provisions of any other law, when in a violation proceeding brought pursuant to this section, any of the charges sustained by the hearing officer would constitute a misdemeanor or felony if such charge were or had been brought in a criminal court, the releasee may, in lieu of an administrative appeal to the board pursuant to subdivision four of this section, appeal such determination to the lowest level of the following courts serving the jurisdiction in which the hearing was held or in which any such sustained conduct was alleged to have occurred: city court, district court, county court or supreme court; provided, however, that if any such misdemeanor or felony charge was prosecuted in any city, district, county or supreme court, such appeal shall be filed in that court.
(b) The appeal shall be commenced by the filing of a notice of appeal in the same manner as an appeal to the appellate division as set forth in paragraphs (a), (b), (d) and (e) of subdivision one and subdivision six of section 460.10 of the criminal procedure law. Counsel shall be assigned to the individual, if unable to afford counsel, by the court before which the appeal is taken or is to be taken. Such court may stay such determination pending the appeal, in a manner consistent with the provisions of section 460.50 of the criminal procedure law or as otherwise authorized. Within thirty days after receiving such a notice of appeal, the board shall serve on the individual or counsel and file with such court a transcript of the proceedings before the hearing officer prepared pursuant to paragraph (a) of subdivision six of this section, and copies of the documents, photographs and records considered by the hearing officer, and provide access to any other evidence considered by the hearing officer who made such determination.
(c) The appeal shall be perfected in the manner set forth in section 460.70 of the criminal procedure law, other provisions of law generally applicable to criminal appeals, and authorized rules implementing this section promulgated by the chief administrator of the courts. The department shall have responsibility for presenting the department's position through any submissions to the court on the appeal. The department shall coordinate with relevant district attorneys to ensure appropriate information may be provided to the court. The district attorney of the jurisdiction may appear on any such appeal without the necessity of a motion or order of the court.
(d) On such appeal, the reviewing city, district, county or supreme court shall consider de novo the issues raised by the appellant, including but not limited to the following: (a) whether any sustained violation charge should have been sustained; (b) whether reduction or dismissal of the alleged violation charge or charges is warranted, in accordance with the principles set forth in section 170.40 or section 210.40 of the criminal procedure law or otherwise; and (c) whether any time assessment and other authorized sanction imposed by the hearing officer should be vacated, reduced or, notwithstanding any law, rule or regulation to the contrary, ordered to run concurrently with any other sentence, time assessment, or period of reincarceration imposed.
5. Actions of the board. Any action by the board or by a hearing officer pursuant to this article shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
6. Record of proceedings. (a) (i) The board shall provide for the making of a verbatim record of each parole release interview, except where a decision is made to release the incarcerated individual to parole supervision, and each preliminary and final revocation hearing, except when the decision of the presiding officer after such hearings result in a dismissal of all charged violations of parole, conditional release or post release supervision.
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, the board shall provide for the making of a verbatim record of each parole release interview in all proceedings where the incarcerated individual is a detained sex offender as such term is defined in subdivision (g) of section 10.03 of the mental hygiene law. Such record shall be provided to the office of mental health for use by the multidisciplinary staff and the case review panel pursuant to section 10.05 of the mental hygiene law.
(b) The chairman of the board of parole shall maintain records of all parole interviews and hearings for a period of twenty-five years from the date of the parole release interview or until expiration of the maximum term of sentence.
7. Deaf person before the board. Whenever any deaf person participates in an interview, parole release hearing, preliminary hearing or revocation hearing, there shall be appointed a qualified interpreter who is certified by a recognized national or New York state credentialing authority to interpret the proceedings to and the statements or testimony of such deaf person. The department shall determine a reasonable fee for all such interpreting services, the cost of which shall be a charge upon the department.
8. Foreign born or non-English speaking person before the board. Upon notification from the department pursuant to section two hundred fifty-nine-e of this article, or upon the request of any foreign born or non-English speaking person who is scheduled to participate in an interview, parole release hearing, preliminary hearing or revocation hearing, there shall be appointed from the New York state office of general services statewide administrative services contract, a qualified interpreter to interpret the proceedings to and the statements or testimony of such person. The board shall determine a reasonable fee for all such interpreting services, the cost of which shall be a charge upon the board of parole. No such request or appointment shall cause a delay of release from incarceration of such person.
9. The board shall promulgate rules and regulations to facilitate the presence of nonprofit service providers able to offer relevant community-based services to releasees at all preliminary and final revocation hearings for the purpose of helping people subject to community supervision successfully complete such supervision and avoid future such supervision, and to help ensure presiding officers impose the least restrictive reasonable sanction for any violation of community supervision.
§ 259-j. Discharge of sentence. 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. No such discharge shall be granted unless the board is satisfied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.
2. The chairman of the board of parole shall promulgate rules and regulations governing the issuance of discharges from community supervision pursuant to this section to assure that such discharges are consistent with public safety.
3. Notwithstanding any other provision of this section to the contrary, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board: (a) determines that a discharge from post-release supervision is in the best interests of society; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted.
4. Notwithstanding any other provision of law, a person granted discharge pursuant to subdivision one of this section shall be provided a certificate of relief from disabilities pursuant to section seven hundred three of the correction law or a certificate of good conduct pursuant to section seven hundred three-b of the correction law, as applicable.
§ 259-k. Access to records and institutions. 1. All case files shall be maintained by the department for use by the department and board. The department and board and authorized officers and employees thereof shall have complete access to such files and the board of parole shall have the right to make such entries as the board of parole shall deem appropriate in accordance with law.
2. The board shall make rules for the purpose of maintaining the confidentiality of records, information contained therein and information obtained in an official capacity by officers, employees or members of the board of parole.
3. Members of the board and officers and employees of the department providing community supervision services and designated by the commissioner shall have free access to all incarcerated individuals confined in institutions under the jurisdiction of the department, the office of children and family services and the department of mental hygiene in order to enable them to perform their functions, provided, however, that the department of mental hygiene may temporarily restrict such access where it determines, for significant clinical reasons, that such access would interfere with its care and treatment of the mentally ill incarcerated individual. If under the provisions of this subdivision an incarcerated individual is not accessible for release consideration by the board, that incarcerated individual shall be scheduled to see the board in the month immediately subsequent to the month within which he or she was not available.
4. Upon a determination by the department and board of parole that records regarding an individual presently under the supervision of the department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the department and board shall provide the records determined to be relevant to the child protective service conducting the investigation. The department and board shall promulgate rules for the transmission of records required to be provided under this section.
§ 259-l. Cooperation. 1. It shall be the duty of the commissioner of corrections and community supervision to ensure that all officers and employees of the department shall at all times cooperate with the board of parole and shall furnish to such members of the board and employees of the board such information as may be appropriate to enable them to perform their independent decision making functions. It is also his or her duty to ensure that the functions of the board of parole are not hampered in any way, including but not limited to: a restriction of resources including staff assistance; limited access to vital information; and presentation of an incarcerated individual's information in a manner that may inappropriately influence the board in its decision making. Where an incarcerated individual has appeared before the board prior to having completed any program assigned by the department, and such program remains incomplete by no fault of the incarcerated individual, and where the board has denied such incarcerated individual release pursuant to paragraph (a) of subdivision two of section two hundred fifty-nine-i of this article, the department shall prioritize such an incarcerated individual's placement into the assigned program.
2. The official in charge of each institution wherein any person is confined under a definite sentence of imprisonment, all officers and employees thereof and all other public officials shall at all times cooperate with the board of parole, and shall furnish to such board, its officers and employees such information as may be required by the board to perform its functions hereunder. The members of the board, its officers and employees shall at all times be given free access to all persons confined in any such institution under such sentence and shall be furnished with appropriate working space in such institution for such purpose without charge therefor.
3. It shall be the duty of the clerk of the court, the commissioner of mental hygiene and all probation officers and other appropriate officials to send such information as may be in their possession or under their control to the chairman of the board upon request in order to facilitate the work of the board.
§ 259-m. Compacts with other states for out-of-state parolee supervision. 1. The governor is hereby authorized and directed to enter into a compact on behalf of the state of New York with any state of the United States legally joining therein in the form substantially as follows:
A COMPACT
Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
2. The chairman of the board of parole shall have power and shall be charged with the duty of promulgating such rules and regulations as may be deemed necessary to carry out the terms of a compact entered into by the state pursuant to this section.
3. If any section, sentence, subdivision or clause of this section is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section.
4. This section may be cited as the uniform act for out-of-state parolee supervision.
* § 259-mm. Interstate compact for adult offender supervision. The interstate compact for adult offender supervision as set forth in this section is hereby adopted, enacted into law and entered into with all other jurisdictions joining therein. The compact shall be as follows:
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ARTICLE I. Purpose. ARTICLE II. Definitions. ARTICLE III. The compact commission. ARTICLE IV. The state council. ARTICLE V. Powers and duties of the interstate commission. ARTICLE VI. Organization and operation of the interstate commission. ARTICLE VII. Activities of the interstate commission. ARTICLE VIII. Rulemaking functions of the interstate commission. ARTICLE IX. Oversight, enforcement and dispute resolution by the
interstate commission. ARTICLE X. Finance. ARTICLE XI. Compacting states, effective date and amendment. ARTICLE XII. Withdrawal, default, termination and judicial enforcement. ARTICLE XIII. Severability and construction. ARTICLE XIV. Binding effect of compact and other laws.
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created pursuant to this compact, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches, and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated thereto. It is the policy of the compacting states that the activities conducted by the interstate commission created by this compact are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.
(b) "By-laws" means those by-laws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.
(c) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
(d) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(e) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
(g) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(h) "Non-compacting state" means any state which has not enacted the enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.
(j) "Person" means any individual, corporation, business enterprise or other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
(l) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
(m) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the "interstate commission for adult offender supervision". The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its by-laws for such additional, ex-officio, non-voting members as it deems necessary.
Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the interstate commission. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the by-laws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the by-laws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a state council for interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary. In addition to appointment of its commissioner to the national interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state. The compact administrator shall be appointed by the governor in consultation with the temporary president of the senate, the speaker of the assembly and the chief judge of the court of appeals. The state council shall appoint the compact administrator to serve on the interstate commission pursuant to this section.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(a) to adopt a seal and suitable by-laws governing the management and operation of the interstate commission;
(b) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(c) to oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;
(d) to enforce compliance with compact provisions, interstate commission rules, and by-laws using all necessary and proper means, including but not limited to, the use of judicial order;
(e) to establish and maintain offices;
(f) to purchase and maintain insurance and bonds;
(g) to borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs;
(h) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III of this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties pursuant to this compact;
(i) to elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;
(j) to accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same;
(k) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(l) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(m) to establish a budget and make expenditures and levy dues as provided in article X of this compact;
(n) to sue and be sued;
(o) to provide for dispute resolution among compacting states;
(p) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(q) to report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
(r) to coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and
(s) to establish uniform standards for the reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
1. establishing the fiscal year of the interstate commission;
2. establishing an executive committee and such other committees as may be necessary;
3. providing reasonable standards and procedures:
a. for the establishment of committees, and
b. governing any general or specific delegation of any authority or function of the interstate commission;
4. providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
5. establishing the titles and responsibilities of the officers of the interstate commission;
6. providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission;
7. providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
8. providing transition rules for "start up" administration of the compact; and
9. establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b) Officers and staff. The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
(c) Corporate records of the interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the by-laws.
(d) Qualified immunity, defense and indemnification. The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability cause or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; provided, that nothing in this subdivision shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wantonmisconduct of any such person. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.
Except as otherwise provided in this compact and unless a greater percentage is required by the by-laws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.
Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
The interstate commission's by-laws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by a two-thirds vote that an open meeting would be likely to:
(a) relate solely to the interstate commission's internal personnel practices and procedures;
(b) disclose matters specifically exempted from disclosure by statute;
(c) disclose trade secrets or commercial or financial information which is privileged or confidential;
(d) involve accusing any person of a crime, or formally censuring any person;
(e) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) disclose investigatory records compiled for law enforcement purposes;
(g) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(h) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or
(i) specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this article, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its by-laws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter referred to as "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
When promulgating a rule, the interstate commission shall:
(a) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(b) allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;
(c) provide an opportunity for an informal hearing; and
(d) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:
1. notice to victims and opportunity to be heard;
2. offender registration and compliance;
3. violations/returns;
4. transfer procedures and forms;
5. eligibility for transfer;
6. collection of restitution and fees from offenders;
7. data collection and reporting;
8. the level of supervision to be provided by the receiving state;
9. transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and
10. mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact superceded by this compact shall be null and void twelve months after the first meeting of the interstate commission created pursuant to this compact.
Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
(a) Oversight. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute resolution. The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and non-compacting states.
The interstate commission shall enact a by-law or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, subdivision (b), of this compact.
ARTICLE X
FINANCE
The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon compacting states which governs said assessment.
The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July first, two thousand three, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state and in the state of New York, upon enactment of the compact into law by that state. The governors of non-member states or their designees will be invited to participate in interstate commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(a) Withdrawal. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(b) Default. If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the by-laws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:
1. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;
2. Remedial training and technical assistance as directed by the interstate commission;
3. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.
The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission by-laws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
(c) Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
(d) Dissolution of compact. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the by-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws. Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
(b) Binding effect of the compact. All lawful actions of the interstate commission, including all rules and by-laws promulgated by the interstate commission, are binding upon the compacting states.
All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
* NB Repealed September 1, 2025
§ 259-o. Interstate hearings for parole violations. 1. For the purposes of this section, "preliminary violation hearing" means a hearing to determine whether there are reasonable grounds to believe that a person released on parole has violated the conditions of his parole.
2. Whenever there is reasonable cause to believe that a person released on parole in another state but under the parole supervision of this state pursuant to section two hundred fifty-nine-m of this article has violated the conditions thereof, a member or designee of the board of parole, upon request of the sending state, may conduct a preliminary violation hearing unless such hearing is waived by the parolee.
3. Whenever there is reasonable cause to believe that a person released on parole in this state but under the parole supervision of another state pursuant to section two hundred fifty-nine-m of this article has violated the conditions thereof, any person duly authorized in such other state to conduct preliminary violation hearings, upon request of the chairman of the board of parole, may conduct such hearing, unless such hearing is waived by the parolee. The preliminary violation hearing and the determinations made thereat shall have the same force and effect as preliminary violation hearing conducted in this state by the board of parole or a member, hearing officer or panel thereof.
4. Whenever a preliminary violation hearing is conducted in another state pursuant to this section, the alleged violator must be afforded a final hearing within ninety days from the date of his return to this state.
§ 259-p. Interstate detention. (1) Notwithstanding any other provision of law, a defendant subject to section two hundred fifty-nine-mm of this article, may be detained as authorized by the interstate compact for adult offender supervision.
(2) A defendant shall be detained at a local correctional facility, except as otherwise provided in subdivision three of this section.
(3) (a) A defendant sixteen years of age or younger, who allegedly commits a criminal act or violation of his or her supervision on or after October first, two thousand eighteen or (b) a defendant seventeen years of age or younger who allegedly commits a criminal act or violation of his or her supervision on or after October first, two thousand nineteen, shall be detained in a juvenile detention facility.
§ 259-q. Civil actions against board personnel. 1. No civil action shall be brought in any court of the state, except by the attorney general on behalf of the state, against any officer or employee of the board of parole or former division of parole, in his personal capacity, for damages arising out of any act done or the failure to perform any act within the scope of the employment and in the discharge of the duties by such officer or employee.
2. Any claim for damages arising out of any act done or the failure to perform any act within the scope of the employment and in the discharge of the duties of any officer or employee of the board of parole or former division of parole shall be brought and maintained in the court of claims as a claim against the state.
3. The state shall save harmless and indemnify any officer or employee of the board of parole or former division of parole from financial loss resulting from a claim filed in a court of the United States for damages arising out of an act done or the failure to perform any act that was (a) within the scope of the employment and in the discharge of the duties of such officer or employee, and (b) not done or omitted with the intent to violate any rule or regulation of the department, board or former division or of any statute or governing case law of the state or of the United States at the time the damages were sustained; provided that the officer or employee shall comply with the provisions of subdivision four of section seventeen of the public officers law.
4. (a) The provisions of this section shall supplement, and be available in addition to, the provisions of section seventeen of the public officers law and, insofar as this section is inconsistent with section seventeen of the public officers law, the provisions of this section shall be controlling.
(b) The provisions of this section shall not be construed in any way to impair, modify or abrogate any immunity available to any officer or employee of the board of parole or former division of parole under the statutory or decisional law of the state or the United States.
5. This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.
6. The benefits of subdivision three hereof shall inure only to officers and employees of the board of parole or former division of parole and shall not enlarge or diminish the rights of any other party.
7. This section shall apply with respect to claims arising on or after the effective date of this section. Claims arising prior thereto shall be governed by section seventeen of the public officers law or section twenty-four of the correction law as the case may be.
§ 259-r. Release on medical parole for terminally ill incarcerated individuals. 1. * (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
* NB Effective until September 1, 2025
* (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
* NB Effective September 1, 2025
(b) Such release shall be granted only after the board considers whether, in light of the incarcerated individual's medical condition, there is a reasonable probability that the incarcerated individual, if released, will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law, and shall be subject to the limits and conditions specified in subdivision four of this section. Except as set forth in paragraph (a) of this subdivision, such release may be granted at any time during the term of an incarcerated individual's sentence, notwithstanding any other provision of law.
(c) The board shall afford notice to the sentencing court, the district attorney and the attorney for the incarcerated individual that the incarcerated individual is being considered for release pursuant to this section and the parties receiving notice shall have fifteen days to comment on the release of the incarcerated individual. Release on medical parole shall not be granted until the expiration of the comment period provided for in this paragraph.
2. (a) The commissioner, on the commissioner's own initiative or at the request of an incarcerated individual, or an incarcerated individual's spouse, relative or attorney, may, in the exercise of the commissioner's discretion, direct that an investigation be undertaken to determine whether a diagnosis should be made of an incarcerated individual who appears to be suffering from a terminal condition, disease or syndrome. Any such medical diagnosis shall be made by a physician licensed to practice medicine in this state pursuant to section sixty-five hundred twenty-four of the education law. Such physician shall either be employed by the department, shall render professional services at the request of the department, or shall be employed by a hospital or medical facility used by the department for the medical treatment of incarcerated individuals. The diagnosis shall be reported to the commissioner and shall include but shall not be limited to a description of the terminal condition, disease or syndrome suffered by the incarcerated individual, a prognosis concerning the likelihood that the incarcerated individual will not recover from such terminal condition, disease or syndrome, a description of the incarcerated individual's physical or cognitive incapacity which shall include a prediction respecting the likely duration of the incapacity, and a statement by the physician of whether the incarcerated individual is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living. This report also shall include a recommendation of the type and level of services and treatment the incarcerated individual would require if granted medical parole and a recommendation for the types of settings in which the services and treatment should be given.
(b) The commissioner, or the commissioner's designee, shall review the diagnosis and may certify that the incarcerated individual is suffering from such terminal condition, disease or syndrome and that the incarcerated individual is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society. If the commissioner does not so certify then the incarcerated individual shall not be referred to the board for consideration for release on medical parole. If the commissioner does so certify, then the commissioner shall, within seven working days of receipt of such diagnosis, refer the incarcerated individual to the board for consideration for release on medical parole. However, no such referral of an incarcerated individual to the board shall be made unless the incarcerated individual has been examined by a physician and diagnosed as having a terminal condition, disease or syndrome as previously described herein at some time subsequent to such incarcerated individual's admission to a facility operated by the department of correctional services.
(c) When the commissioner refers an incarcerated individual to the board, the commissioner shall provide an appropriate medical discharge plan established by the department. The department is authorized to request assistance from the department of health and from the county in which the incarcerated individual resided and committed his or her crime, which shall provide assistance with respect to the development and implementation of a discharge plan, including potential placements of a releasee. The department and the department of health shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting, based on standards established by the department of health for hospital medical discharge planning. The board may postpone its decision pending completion of an adequate discharge plan, or may deny release based on inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's designee pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
4. (a) Medical parole granted pursuant to this section shall be for a period of six months.
(b) The board shall require as a condition of release on medical parole that the releasee agree to remain under the care of a physician while on medical parole and in a hospital established pursuant to article twenty-eight of the public health law, a hospice established pursuant to article forty of the public health law or any other placement that can provide appropriate medical care as specified in the medical discharge plan required by subdivision two of this section. The medical discharge plan shall state that the availability of the placement has been confirmed, and by whom. Notwithstanding any other provision of law, when an incarcerated individual who qualifies for release under this section is cognitively incapable of signing the requisite documentation to effectuate the medical discharge plan and, after a diligent search no person has been identified who could otherwise be appointed as the incarcerated individual's guardian by a court of competent jurisdiction, then, solely for the purpose of implementing the medical discharge plan, the facility health services director at the facility where the incarcerated individual is currently incarcerated shall be lawfully empowered to act as the incarcerated individual's guardian for the purpose of effectuating the medical discharge.
(c) Where appropriate, the board shall require as a condition of release that medical parolees be supervised on intensive caseloads at reduced supervision ratios.
(d) The board shall require as a condition of release on medical parole that the releasee undergo periodic medical examinations and a medical examination at least one month prior to the expiration of the period of medical parole and, for the purposes of making a decision pursuant to paragraph (e) of this subdivision, that the releasee provide the board with a report, prepared by the treating physician, of the results of such examination. Such report shall specifically state whether or not the parolee continues to suffer from a terminal condition, disease, or syndrome, and to be so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living.
(e) Prior to the expiration of the period of medical parole the board shall review the medical examination report required by paragraph (d) of this subdivision and may again grant medical parole pursuant to this section; provided, however, that the provisions of paragraph (c) of subdivision one and subdivision two of this section shall not apply.
(f) If the updated medical report presented to the board states that a parolee released pursuant to this section is no longer so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society or if the releasee fails to submit the updated medical report then the board may not make a new grant of medical parole pursuant to paragraph (e) of this subdivision. Where the board has not granted medical parole pursuant to such paragraph (e) the board shall promptly conduct through one of its members, or cause to be conducted by a hearing officer designated by the board, a hearing to determine whether the releasee is suffering from a terminal condition, disease or syndrome and is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society and does not present a danger to society. If the board makes such a determination then it may make a new grant of medical parole pursuant to the standards of paragraph (b) of subdivision one of this section. At the hearing, the releasee shall have the right to representation by counsel, including the right, if the releasee is financially unable to retain counsel, to have the appropriate court assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(g) The hearing and determination provided for by paragraph (f) of this subdivision shall be concluded within the six month period of medical parole. If the board does not renew the grant of medical parole, it shall order that the releasee be returned immediately to the custody of the department.
(h) In addition to the procedures set forth in paragraph (f) of this subdivision, medical parole may be revoked at any time upon any of the grounds specified in paragraph (a) of subdivision three of section two hundred fifty-nine-i of this article, and in accordance with the procedures specified in subdivision three of section two hundred fifty-nine-i of this article.
(i) A releasee who is on medical parole and who becomes eligible for parole pursuant to the provisions of subdivision two of section two hundred fifty-nine-i of this article shall be eligible for parole consideration pursuant to such subdivision.
5. A denial of release on medical parole or expiration of medical parole in accordance with the provisions of paragraph (f) of subdivision four of this section shall not preclude the incarcerated individual from reapplying for medical parole or otherwise affect an incarcerated individual's eligibility for any other form of release provided for by law.
6. To the extent that any provision of this section requires disclosure of medical information for the purpose of processing an application or making a decision, regarding release on medical parole or renewal of medical parole, or for the purpose of appropriately supervising a person released on medical parole, and that such disclosure would otherwise be prohibited by article twenty-seven-F of the public health law, the provisions of this section shall be controlling.
7. The commissioner and the chairman of the board shall be authorized to promulgate rules and regulations for their respective agencies to implement the provisions of this section.
8. Any decision made by the board pursuant to this section may be appealed pursuant to subdivision four of section two hundred fifty-nine-i of this article.
9. The chairman shall report annually to the governor, the temporary president of the senate and the speaker of the assembly, the chairpersons of the assembly and senate codes committees, the chairperson of the senate crime and corrections committee, and the chairperson of the assembly corrections committee the number of incarcerated individuals who have applied for medical parole; the number who have been granted medical parole; the nature of the illness of the applicants, the counties to which they have been released and the nature of the placement pursuant to the medical discharge plan; the categories of reasons for denial for those who have been denied; the number of releasees who have been granted an additional period or periods of medical parole and the number of such grants; the number of releasees on medical parole who have been returned to imprisonment in the custody of the department and the reasons for return.
10. Notwithstanding any other provision of law, in the case of an incarcerated individual whose terminal condition, disease or syndrome meets the criteria for medical parole as set forth in paragraph (a) of subdivision one of this section, and who is not serving a sentence for one or more offenses set forth in paragraph (i) of subdivision one of section eight hundred six of the correction law which would render such incarcerated individual ineligible for presumptive release, the granting of medical parole shall be determined by the commissioner provided that a release of such incarcerated individual shall be in accordance with subdivision eleven of this section. In such case, the provisions that would have applied to and the procedures that would have been followed by the board of parole pursuant to this section shall apply to and be followed by the commissioner.
11. (a) After the commissioner has made a determination to grant medical parole pursuant to subdivision ten of this section, the commissioner shall notify the chairperson of the board of parole, or their designee who shall be a member of the board of parole, and provide him or her with all relevant records, files, information and documentation, which includes but is not limited to the criminal history, medical diagnosis and treatment pertaining to the terminally ill incarcerated individual no more than five days from the date of the determination. (b) The chairperson or his or her designee shall either accept the commissioner's grant of medical parole, in which case the incarcerated individual may be released by the commissioner, or conduct further review. This decision or review shall be made within five days of the receipt of the relevant records, files, information and documentation from the commissioner. The chairperson's further review may include, but not be limited to, an appearance by the terminally ill incarcerated individual before the chairperson or his or her designee. (c) After this further review, the chairperson shall either accept the commissioner's grant of medical parole, in which case the incarcerated individual may be released by the commissioner, or the chairperson shall schedule an appearance for the terminally ill incarcerated individual before the board of parole.
In the event the terminally ill incarcerated individual is scheduled to make an appearance before the board of parole pursuant to this subdivision, the matter shall be heard by a panel that does not include the chairperson or any member of the board of parole who was involved in the review of the commissioner's determination.
§ 259-s. Release on medical parole for incarcerated individuals suffering significant debilitating illnesses. 1. (a) The board shall have the power to release on medical parole any incarcerated individual serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a significant and permanent non-terminal condition, disease or syndrome that has rendered the incarcerated individual so physically or cognitively debilitated or incapacitated as to create a reasonable probability that he or she does not present any danger to society, provided, however, that no incarcerated individual serving a sentence imposed upon a conviction for murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no incarcerated individual serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of the sentence and in the case of a determinate sentence he or she has served at least one-half of the term of his or her determinate sentence: murder in the second degree, manslaughter in the first degree, any offense defined in article one hundred thirty of the penal law or an attempt to commit any of these offenses. Solely for the purpose of determining medical parole eligibility pursuant to this section, such one-half of the minimum period of the indeterminate sentence and one-half of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
(b) Such release shall be granted only after the board considers whether, in light of the incarcerated individual's medical condition, there is a reasonable probability that the incarcerated individual, if released, will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law, and shall be subject to the limits and conditions specified in subdivision four of this section. In making this determination, the board shall consider: (i) the nature and seriousness of the incarcerated individual's crime; (ii) the incarcerated individual's prior criminal record; (iii) the incarcerated individual's disciplinary, behavioral and rehabilitative record during the term of his or her incarceration; (iv) the amount of time the incarcerated individual must serve before becoming eligible for release pursuant to section two hundred fifty-nine-i of this article; (v) the current age of the incarcerated individual and his or her age at the time of the crime; (vi) the recommendations of the sentencing court, the district attorney and the victim or the victim's representative; (vii) the nature of the incarcerated individual's medical condition, disease or syndrome and the extent of medical treatment or care that the incarcerated individual will require as a result of that condition, disease or syndrome; and (viii) any other relevant factor. Except as set forth in paragraph (a) of this subdivision, such release may be granted at any time during the term of an incarcerated individual's sentence, notwithstanding any other provision of law.
(c) The board shall afford notice to the sentencing court, the district attorney, the attorney for the incarcerated individual and, where necessary pursuant to subdivision two of section two hundred fifty-nine-i of this article, the crime victim, that the incarcerated individual is being considered for release pursuant to this section and the parties receiving notice shall have thirty days to comment on the release of the incarcerated individual. Release on medical parole shall not be granted until the expiration of the comment period provided for in this paragraph.
2. (a) The commissioner, on the commissioner's own initiative or at the request of an incarcerated individual, or an incarcerated individual's spouse, relative or attorney, may, in the exercise of the commissioner's discretion, direct that an investigation be undertaken to determine whether a diagnosis should be made of an incarcerated individual who appears to be suffering from a significant and permanent non-terminal and incapacitating condition, disease or syndrome. Any such medical diagnosis shall be made by a physician licensed to practice medicine in this state pursuant to section sixty-five hundred twenty-four of the education law. Such physician shall either be employed by the department, shall render professional services at the request of the department, or shall be employed by a hospital or medical facility used by the department for the medical treatment of incarcerated individuals. The diagnosis shall be reported to the commissioner and shall include but shall not be limited to a description of the condition, disease or syndrome suffered by the incarcerated individual, a prognosis concerning the likelihood that the incarcerated individual will not recover from such condition, disease or syndrome, a description of the incarcerated individual's physical or cognitive incapacity which shall include a prediction respecting the likely duration of the incapacity, and a statement by the physician of whether the incarcerated individual is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living. This report also shall include a recommendation of the type and level of services and treatment the incarcerated individual would require if granted medical parole and a recommendation for the types of settings in which the services and treatment should be given.
(b) The commissioner, or the commissioner's designee, shall review the diagnosis and may certify that the incarcerated individual is suffering from such condition, disease or syndrome and that the incarcerated individual is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society. If the commissioner does not so certify then the incarcerated individual shall not be referred to the board for consideration for release on medical parole. If the commissioner does so certify, then the commissioner shall, within seven working days of receipt of such diagnosis, refer the incarcerated individual to the board for consideration for release on medical parole. However, no such referral of an incarcerated individual to the board of parole shall be made unless the incarcerated individual has been examined by a physician and diagnosed as having a condition, disease or syndrome as previously described herein at some time subsequent to such incarcerated individual's admission to a facility operated by the department.
(c) When the commissioner refers an incarcerated individual to the board, the commissioner shall provide an appropriate medical discharge plan established by the department. The department is authorized to request assistance from the department of health and from the county in which the incarcerated individual resided and committed his or her crime, which shall provide assistance with respect to the development and implementation of a discharge plan, including potential placements of a releasee. The department and the department of health shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting, based on standards established by the department of health for hospital medical discharge planning. The board may postpone its decision pending completion of an adequate discharge plan, or may deny release based on inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's designee pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
4. (a) Medical parole granted pursuant to this section shall be for a period of six months.
(b) The board shall require as a condition of release on medical parole that the releasee agree to remain under the care of a physician while on medical parole and in a hospital established pursuant to article twenty-eight of the public health law, a hospice established pursuant to article forty of the public health law or any other placement, including a residence with family or others, that can provide appropriate medical care as specified in the medical discharge plan required by subdivision two of this section. The medical discharge plan shall state that the availability of the placement has been confirmed, and by whom. Notwithstanding any other provision of law, when an incarcerated individual who qualifies for release under this section is cognitively incapable of signing the requisite documentation to effectuate the medical discharge plan and, after a diligent search no person has been identified who could otherwise be appointed as the incarcerated individual's guardian by a court of competent jurisdiction, then, solely for the purpose of implementing the medical discharge plan, the facility health services director at the facility where the incarcerated individual is currently incarcerated shall be lawfully empowered to act as the incarcerated individual's guardian for the purpose of effectuating the medical discharge.
(c) Where appropriate, the board shall require as a condition of release that medical parolees be supervised on intensive caseloads at reduced supervision ratios.
(d) The board shall require as a condition of release on medical parole that the releasee undergo periodic medical examinations and a medical examination at least one month prior to the expiration of the period of medical parole and, for the purposes of making a decision pursuant to paragraph (e) of this subdivision, that the releasee provide the board with a report, prepared by the treating physician, of the results of such examination. Such report shall specifically state whether or not the parolee continues to suffer from a significant and permanent non-terminal and debilitating condition, disease, or syndrome, and to be so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living.
(e) Prior to the expiration of the period of medical parole the board shall review the medical examination report required by paragraph (d) of this subdivision and may again grant medical parole pursuant to this section; provided, however, that the provisions of paragraph (c) of subdivision one and subdivision two of this section shall not apply.
(f) If the updated medical report presented to the board states that a parolee released pursuant to this section is no longer so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society or if the releasee fails to submit the updated medical report then the board may not make a new grant of medical parole pursuant to paragraph (e) of this subdivision. Where the board has not granted medical parole pursuant to such paragraph (e) the board shall promptly conduct through one of its members, or cause to be conducted by a hearing officer designated by the board, a hearing to determine whether the releasee is suffering from a significant and permanent non-terminal and incapacitating condition, disease or syndrome and is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society and does not present a danger to society. If the board makes such a determination then it may make a new grant of medical parole pursuant to the standards of paragraph (b) of subdivision one of this section. At the hearing, the releasee shall have the right to representation by counsel, including the right, if the releasee is financially unable to retain counsel, to have the appropriate court assign counsel in accordance with the county or city plan for representation placed in operation pursuant to article eighteen-B of the county law.
(g) The hearing and determination provided for by paragraph (f) of this subdivision shall be concluded within the six month period of medical parole. If the board does not renew the grant of medical parole, it shall order that the releasee be returned immediately to the custody of the department of correctional services.
(h) In addition to the procedures set forth in paragraph (f) of this subdivision, medical parole may be revoked at any time upon any of the grounds specified in paragraph (a) of subdivision three of section two hundred fifty-nine-i of this article, and in accordance with the procedures specified in subdivision three of section two hundred fifty-nine-i of this article.
(i) A releasee who is on medical parole and who becomes eligible for parole pursuant to the provisions of subdivision two of section two hundred fifty-nine-i of this article shall be eligible for parole consideration pursuant to such subdivision.
5. A denial of release on medical parole or expiration of medical parole in accordance with the provisions of paragraph (f) of subdivision four of this section shall not preclude the incarcerated individual from reapplying for medical parole or otherwise affect an incarcerated individual's eligibility for any other form of release provided for by law.
6. To the extent that any provision of this section requires disclosure of medical information for the purpose of processing an application or making a decision, regarding release on medical parole or renewal of medical parole, or for the purpose of appropriately supervising a person released on medical parole, and that such disclosure would otherwise be prohibited by article twenty-seven-F of the public health law, the provisions of this section shall be controlling.
7. The commissioner and the chair of the board shall be authorized to promulgate rules and regulations for their respective agencies to implement the provisions of this section.
8. Any decision made by the board pursuant to this section may be appealed pursuant to subdivision four of section two hundred fifty-nine-i of this article.
9. The chair of the board shall report annually to the governor, the temporary president of the senate and the speaker of the assembly, the chairpersons of the assembly and senate codes committees, the chairperson of the senate crime and corrections committee, and the chairperson of the assembly corrections committee the number of incarcerated individuals who have applied for medical parole under this section; the number who have been granted medical parole; the nature of the illness of the applicants, the counties to which they have been released and the nature of the placement pursuant to the medical discharge plan; the categories of reasons for denial for those who have been denied; the number of releasees who have been granted an additional period or periods of medical parole and the number of such grants; the number of releasees on medical parole who have been returned to imprisonment in the custody of the department and the reasons for return.
* § 259-t. Permitted activities. Where any person is granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release, the state board of parole shall not deem a person to be in violation of and the state board of parole shall not terminate such granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release solely because such person engaged in bona fide work for an employer, including travel time to or from bona fide work, during curfew times set by conditions of probation, parole, presumptive release, conditional release or release to post-release supervision. For purposes of this section, bona fide work is work performed as an employee for an employer, as defined in section two of the labor law.
* NB There are 2 § 259-t's
* § 259-t. Permitted activities. Where any person is granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release, the state board of parole shall not deem a person to be in violation of and the state board of parole shall not terminate such granted presumptive release, parole, conditional release, release to post-release supervision or any other type of supervised release solely because such person participated in work related labor protests, or in a lawful labor dispute, strike or other concerted stoppage of work or slowdown pursuant to article twenty of the labor law or the national labor relations act (29 U.S.C. sections 151 et. seq.).
* NB There are 2 § 259-t's
ARTICLE 13 DIVISION OF HOUSING
Section 260. Division of housing and community renewal.
§ 260. Division of housing and community renewal. The commissioner of housing and community renewal appointed pursuant to the provisions of the public housing law, shall be the head of the division of housing and community renewal and shall have and exercise all the functions, powers and duties vested in him by that or any other law. The commissioner of housing and community renewal shall receive a salary to be fixed by the governor within the amount appropriated therefor.
* ARTICLE 13-A ALTERNATIVES TO INCARCERATION SERVICE PLANS
Section 261. Alternatives to incarceration service plans.
262. Office assistance; plan; approval.
263. Reports.
264. Noncompliance with plan.
265. Further authority of the office; state assistance.
266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
267. Office reports.
* NB Repealed September 1, 2025
* § 261. Alternatives to incarceration service plans. 1. As used in this article:
a. "Service plan" or "plan" means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. The following factors considered, utilized and incorporated in the plan shall include but not be limited to:
(i) an analysis of the jail population to assist in determining incarceration practices and trends, including, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, an analysis of the relationship between alcohol, drugs and crime and the effects of alcohol and substance abuse on the local criminal justice system and jail, probation and alternatives to incarceration populations, consistent with planning guidelines established by the office; the types and nature of alternative programming needed, and appropriate eligibility requirements;
(ii) an analysis of recent overcrowding problems and measures taken by the county to relieve them;
(iii) a summary of existing alternatives programs and/or related services and previous efforts made by the county to develop alternatives to incarceration and if an approved amendment is submitted, pursuant to section two hundred sixty-six of this article, a summary of existing alcohol and substance abuse programs;
(iv) a comprehensive plan for the development of alternatives programs that addresses the specific needs identified in subparagraph (i) of this paragraph and furthers the county's long-range goals in the area of alternatives to incarceration;
(v) specific proposals for the use of state aid available under this chapter, including a description of services to be provided, characteristics of the target populations, steps to be taken to identify eligible participants, the goals and objectives to be accomplished through the proposals;
(vi) a detailed time frame for the implementation and evaluation of the specific proposals described in subparagraph (v) of this paragraph;
(vii) a summary of those criteria by which the office and the state commission of correction may measure the proposal's impact on jail overcrowding; and
(viii) any other information which the office may request consistent with the purposes of this chapter.
Nothing in this article shall prohibit the development of regional programs by two or more counties.
b. "Eligible programs" means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services which exceed those probation services otherwise required to be performed in accordance with applicable law, rule or regulation of the division of criminal justice services subject to the provisions of this article; a pre-trial alternative to detention program, including a comprehensive pre-arraignment program which screens all defendants and ensures that the court is fully advised of the availability of alternatives based upon the defendant's suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail review program; alternatives to post-adjudicatory incarceration programs, including community service, substance abuse or alcohol intervention programs; and management information systems designed to improve the county's ability to identify appropriate persons for alternatives to detention or incarceration, as well as for improved classification of persons within jail. For purposes of this paragraph, community service programs may place persons performing community service at worksites identified by the commissioner of the department of environmental conservation and the commissioner of the office of parks, recreation and historic preservation.
c. "Eligible alcohol and substance abuse programs" means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. Such services may include, but shall not be limited to programs and services that provide treatment, care or rehabilitative services, either residential or out-patient, to such offenders, or programs and services that provide for the purpose of developing individualized service plans to address such offender's alcohol or substance abuse problem, or programs and services that provide referrals and other linkages to alcohol or substance abuse programs to such offenders.
d. "Inappropriate incarceration" means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration.
e. "Approved plan" means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision.
f. "Approved amendment" means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs.
g. "Advisory board" means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section.
h. "County executive" means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor.
i. "Office" means the office of probation and correctional alternatives.
2. Every advisory board established for purposes of this article shall include the following persons or their representatives:
a. County court judge, as appointed by the administrative judge for that county; in cities with a population of one million or more, a supreme court judge, as appointed by the administrative judge for that city;
b. Police court, district court, town court or village court judge, as appointed by the administrative judge of that county; in cities with a population of one million or more, a criminal court judge, as appointed by the administrative judge for that city;
c. The district attorney; in cities with a population of one million or more, the district attorney shall be selected by the district attorneys of the five boroughs to represent their joint views;
d. A representative of each of the agencies providing legal services to those unable to afford counsel in criminal cases, not to exceed two;
e. County legislator or member of the county board of supervisors or, in cities of one million of more, city councilman who chairs a public safety committee, or the committee best designed to deal with this subject, should such a committee exist;
f. County director of probation; in cities with a population of one million or more, the commissioner of the department of probation;
g. Chief administrative officer;
h. A representative of local police agencies, other than the chief administrative officer, selected by the heads of all such agencies to represent their joint views; in cities with a population of one million or more, the police commissioner;
i. Representative of a private organization operating within a county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, as designated by the county executive;
j. Ex-offender and a crime victim, each designated by the county executive;
k. County executive;
l. The director of community services as defined in section 41.03 of the mental hygiene law; and
m. An individual within a county who provides state certified alcohol and/or substance abuse treatment programs or services.
Prior to any official action by the board, all members shall be designated. The chairperson shall be the county executive or his or her duly designated representative. In cities with a population of one million or more, a single advisory board shall be established.
* NB Repealed September 1, 2025
* § 262. Office assistance; plan; approval. 1. Upon request of either the county executive or the advisory board, through the chairperson, the office shall assist the county in the development of its plan by providing technical assistance either directly or through contract with persons or organizations which have expertise in the area of pre-trial services or alternatives to incarceration programs.
2. Upon development of a proposed plan but at least thirty days prior to approval by the board, public comment shall be solicited for consideration by the board prior to final action.
3. Upon approval by the board, by a majority of its members, any county outside the city of New York acting through its county executive, and upon approval of the local legislative body, may submit a proposed service plan to the office for approval. The city of New York acting through the mayor and upon approval by the board of estimate may submit a proposed service plan to the office for approval.
4. a. Each such plan shall be submitted to the office no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall provide that upon approval it shall become effective. Annual renewals of service plans are required and shall be submitted to the office no later than the first day of April of each year following submission of the original plan. A plan may be amended from time to time by the advisory board, subject to the approval of the local legislative body and the office. The office may recommend amendments to a plan, subject to the approval of the advisory board and the local legislative body. Reasons for such amendments may include but shall not be limited to the addition or deletion of eligible programs with due consideration to their utilization by the court, their effect on diverting the jail bound population, reducing the overcrowding problem and their cost-effectiveness.
b. The office shall either approve or deny the plan no later than sixty days following its submission. If the plan is denied, the office shall notify the county executive in writing of such denial and the reasons therefor and shall specify any measures which should be undertaken to secure the approval of the office. Nothing herein shall prohibit the amendment of a plan to overcome the office's stated reasons for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025
* § 263. Reports. The advisory board, through its chairperson, shall submit to the office a quarterly report relative to the status of compliance with the plan, pursuant to rules and regulations promulgated by the commissioner of the division of criminal justice services upon recommendation of the office. The report shall include, but not be limited to: compliance with specific goals and objectives as reflected in the plan; ability of programs to meet performance criteria; compliance with timetables; utilization by the court of the programs included in the plan; effect of such programs on diverting the jail bound population and reducing the over crowding problem; and any other information requested by the office and available to the advisory board with respect to this article.
* NB Repealed September 1, 2025
* § 264. Noncompliance with plan. 1. If at any time the office determines that a county plan is not being complied with, it shall notify the advisory board through the chairperson and the state commission of correction in writing of such fact, and it shall withhold any portion of state funds not theretofore allocated. Such notice shall state the particular reasons for the determination and demand compliance with the plan within sixty days of the notice, setting forth the specific actions deemed necessary to secure compliance. If compliance is forthcoming the board and the state commission of correction shall be notified of such fact in writing and any state funds heretofore withheld shall be released. If compliance with the plan is not fulfilled within such time or within a thirty day extension period as authorized herein, the office shall notify the advisory board through the chairperson and the state commission of correction. Upon such notification, the county shall be deemed in noncompliance with the approved plan and the provisions of subdivision eight of section five hundred-b of the correction law shall be applied.
An extension may be granted by the office for a thirty day period upon a request by the board through the chairperson, where the office determines it to be appropriate, setting forth specific reasons for a need for an extension and the steps which shall be undertaken to be in compliance at the end of such period.
Any notification by the office of non-compliance pursuant to this section shall be deemed a final determination for purposes of judicial review.
2. The advisory board, through its chairperson, may reapply for continuation of its approved plan or modified plan, provided it certifies that it has complied with the specific actions deemed necessary by the office to secure compliance. Within thirty days of receipt of the application the office shall verify compliance with its notice and notify the board and the state commission of correction of its decision.
* NB Repealed September 1, 2025
* § 265. Further authority of the office; state assistance. 1. In administering the provisions of this article, the office may perform such other and further acts and recommend to the commissioner of the division of criminal justice services such rules and regulations it deems necessary, proper or desirable to carry out the purpose of this article and not otherwise inconsistent with the other provisions of this article, chapter or any other provision of law. This shall include, but not be limited to, the office's consultation with the chief administrative judge of the office of court administration, the chairman of the state commission of correction and the commissioner of alcoholism and substance abuse services.
2. a. For the purpose of carrying out this article state assistance of not less than fourteen million dollars shall be made available to cities with a population of one million or more and to counties outside such cities in amounts to be determined; provided, however, that of the total amount available herein, not less than seven million dollars shall be made available as follows:
(i) for each county with a population under one hundred thousand persons, a minimum of twenty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(ii) for each county with a population over one hundred thousand and under three hundred thousand persons, a minimum of sixty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(iii) for each county with a population over three hundred thousand persons not entirely included within a city, that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census; and
(iv) for each city with a population of one million or more, the amount of the total dollar amount available by this paragraph remaining after the deduction of the amounts apportioned pursuant to the preceding subparagraphs of this paragraph.
b. Except as provided in section two hundred sixty-six of this article, applications for such assistance must be made and submitted no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall be either approved or denied by the office no later than sixty days following such submission. Any part of the moneys so made available and not apportioned pursuant to a plan approved and contract entered into with the office within the time limits required shall be apportioned by the office in its discretion to such a city or counties on a need basis, taking into consideration incarcerated individual population or prior commitment by a county in the development of alternatives to detention or incarceration programs.
3. The office may receive applications from and may enter into contracts with municipalities to undertake implementation of the service plan and any such municipality may enter into a contract with the office and with such private organization or organizations for such purpose. Except as provided in section two hundred sixty-six of this article, any such contract may include such provisions as may be agreed upon by the parties thereto, but shall include in substance at least the following:
a. An estimate of the reasonable cost and need of the programs as approved by the office;
b. In the first year of the approved service plan an agreement by the office to reimburse to the municipality up to fifty percent of the state's share of the costs at the initial approval of the plan; one-half of the remaining fifty percent of the state's share shall be allocated to municipalities during the implementation of the plan, provided there is substantial compliance with timetables and any other provisions of the plan deemed necessary by the office. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office. In any subsequent year, the office shall reimburse to the municipality the state's share of actual costs incurred under the plan. In no event shall the state's share exceed fifty percent of the total cost of the plan, nor shall it be used to replace current expenditures by the municipality for such alternatives programs. However, in determining the amount of the municipal share of the cost of a program, the office shall reduce the amount of the municipal share by an amount equal to the costs incurred by such municipality on implementation of any of the plan's provisions during the year immediately preceding approval of the plan by the office. Any such amount resulting in a reduction of the municipal share shall not be considered in calculating the municipal share of any future program;
c. An agreement by the municipality to provide for the payment of the municipality's share of the cost of the program or programs and to proceed expeditiously with, and complete, the program or programs, as approved by the commission;
d. Any costs in excess of the amount provided for in this subdivision will be the responsibility of the municipality except as otherwise provided in this article;
e. An agreement that, in the event federal assistance, which was not included in the calculation of the state or municipal payment, becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of one-half of such federal assistance and the amount of the municipality's payment shall be recalculated with the inclusion of one-half of such federal assistance; and
f. An agreement that in the event of private financial assistance, which was not included in the calculation of the municipal payment and which becomes available to the municipality, such financial assistance shall result in a reduction of the municipal share by said amount.
* NB Repealed September 1, 2025
* § 266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
1. Counties and the city of New York may submit approved amendments for alcohol and substance abuse programs as defined in this article as part of or in addition to an approved plan. In accordance with this article, nothing in this section shall prohibit the development of regional alcohol and substance abuse programs by two or more counties or cities with a population of one million or more.
2. Such approved amendments shall include a statement by the county or the city of New York indicating such municipality's understanding that funding for eligible alcohol and substance abuse programs shall be in accordance with subdivision four of this section and the municipality's commitment to meet the funding requirements as set forth in such subdivision.
3. For the purposes of carrying out the purpose of this section, of the amount made available in paragraph a of subdivision two of section two hundred sixty-five, state assistance of not less than seven million dollars shall be made available for approved amendments. Of this amount, no more than forty percent shall be made available for such state assistance to cities with a population of one million or more. The remaining amount shall be made available for such state assistance to counties outside such cities. The office shall apportion the amount available for approved amendments on an as needed basis, taking into consideration the analysis of the relationship between alcohol, drugs and crime, as required in this article, as well as other factors as may be required by the office.
4. The office may receive approved amendments and may amend approved plans in accordance with such approved amendments at any time. The office may enter into contracts to undertake the implementation of the approved amendments and any such municipality may enter into contracts with the office and with private organizations for such implementation. Any such contracts may include such provisions as may be agreed upon by the parties thereto, but shall include at least the following:
a. An estimate of the reasonable costs and need for the eligible alcohol and substance abuse programs;
b. An agreement by the office to reimburse the municipality in accordance with the following:
(i) In the first year of implementation and operation of the eligible alcohol and substance abuse program, the office shall reimburse to the municipality one hundred percent of the costs incurred, provided that, upon approval of the contract and consistent with implementation plans approved by the office, up to one-half of the state's share of the cost of such program may be immediately allocated to the municipality for purposes of implementation of the program. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office.
(ii) In the second year of operation of such eligible alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality seventy-five percent of the costs of approved expenditures. Municipalities shall provide at least twenty-five percent of costs of approved expenditures of the contract.
(iii) In the third and any subsequent year of operation of such alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality fifty percent of the costs of approved expenditures. Municipalities shall provide at least fifty percent of costs of approved expenditures of the contract.
In no event shall the state's share be used to replace expenditures previously incurred by the municipality for such alcohol and substance abuse programs;
c. An agreement by the municipality to provide for the payment of the municipality's share of the costs of the alcohol and substance abuse program or programs, and to proceed expeditiously with, and implement, such program or programs, as approved by the office; and
d. Any costs in excess of the amount provided for in this subdivision shall be the responsibility of the municipality, except as otherwise provided in this article.
* NB Repealed September 1, 2025
* § 267. Office reports. The office shall submit to the governor, the temporary president of the senate, the speaker of the assembly, the chairman of the senate crime and correction committee and the chairman of the assembly committee on codes by October first of each year its evaluation and assessment of this alternatives planning and programming effort by the counties. Such report shall include, but not be limited to, the status of the development of such plans, the approval and implementation of such plans, the success of the programs, in terms of their utilization, effect on jail population, results of the analyses provided counties and the city of New York on the relationship between alcohol, drugs and crime and the success of the eligible alcohol and substance abuse programs and sentencing decisions together with any recommendations with respect to the proper operation or improvement of planning and implementation of effective alternatives to detention and alternatives to incarceration programs in counties.
* NB Repealed September 1, 2025
ARTICLE 15 HUMAN RIGHTS LAW
Section 290. Purposes of article.
291. Equality of opportunity a civil right.
292. Definitions.
293. Division of human rights.
294. General policies of division.
294-a. Statewide campaign for the acceptance, inclusion, tolerance and understanding of diversity.
295. General powers and duties of division.
296. Unlawful discriminatory practices.
296-a. Unlawful discriminatory practices in relation to credit.
296-c. Unlawful discriminatory practices relating to interns.
296-d. Unlawful discriminatory practices relating to non-employees.
297. Procedure.
298. Judicial review and enforcement.
298-a. Application of article to certain acts committed outside the state of New York.
299. Penal provision.
300. Construction.
301. Separability.
2. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights.
3. The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. A division in the executive department is hereby created to encourage programs designed to insure that every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the state; to encourage and promote the development and execution by all persons within the state of such state programs; to eliminate and prevent discrimination in employment, in places of public accommodation, resort or amusement, in educational institutions, in public services, in housing accommodations, in commercial space and in credit transactions and to take other actions against discrimination as herein provided; and the division established hereunder is hereby given general jurisdiction and power for such purposes.
§ 291. Equality of opportunity a civil right.
1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, is hereby recognized as and declared to be a civil right.
2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right.
3. The opportunity to obtain medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant born spontaneously.
§ 292. Definitions. When used in this article:
1. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
2. The term "employment agency" includes any person undertaking to procure employees or opportunities to work.
3. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
4. The term "unlawful discriminatory practice" includes only those practices specified in sections two hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of this article.
5. The term "employer" shall include all employers within the state. For the purposes of this article, (a) the state of New York shall be considered an employer of any employee or official, including any elected official, of the New York state executive, legislature, or judiciary, including persons serving in any judicial capacity, and persons serving on the staff of any elected official in New York state,
(b) a city, county, town, village or other political subdivision of the state of New York shall be considered an employer of any employee or official, including any elected official, of such locality's executive, legislature or judiciary, including persons serving in any local judicial capacity, and persons serving on the staff of any local elected official.
6. The term "employee" in this article does not include any individual employed by his or her parents, spouse, or child.
7. The term "commissioner", unless a different meaning clearly appears from the context, means the state commissioner of human rights; and the term "division" means the state division of human rights created by this article.
8. The term "national origin" shall, for the purposes of this article, include "ancestry."
9. The term "place of public accommodation, resort or amusement" shall include, regardless of whether the owner or operator of such place is a state or local government entity or a private individual or entity, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind, dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls, public rooms, public elevators, and any public areas of any building or structure. Such term shall not include kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the state of New York; any such kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subdivision may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private.
No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a New York state championship contest or uses the words "New York state" in its announcements shall be deemed a private exhibition within the meaning of this section.
10. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings.
11. The term "publicly-assisted housing accommodations" shall include all housing accommodations within the state of New York in
(a) public housing,
(b) housing operated by housing companies under the supervision of the commissioner of housing,
(c) housing constructed after July first, nineteen hundred fifty, within the state of New York
(1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
(2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine,
(3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or
(4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance,
(d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
(e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof.
12. The term "multiple dwelling", as herein used, means a dwelling which is occupied, as a rule, for permanent residence purposes and which is either sold, rented, leased, let or hired out, to be occupied as the residence or home of three or more families living independently of each other. A "multiple dwelling" shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term "family," as used herein, means either a person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a family means a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein. Within the context of this definition, the terms "multiple dwelling" and "multi-family dwelling" are interchangeable.
13. The term "commercial space" means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.
14. The term "real estate broker" means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other incumbrance upon or transfer of real estate. In the sale of lots pursuant to the provisions of article nine-a of the real property law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.
15. The term "real estate salesperson" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker.
16. The term "necessary party" means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.
17. The term "parties to the proceeding" means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article.
18. The term "hearing examiner" means an employee of the division who shall be assigned for stated periods to no other work than the conduct of hearings under this article;
19. The term "discrimination" shall include segregation and separation.
20. The term "credit", when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right.
21. The term "disability" means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
21-a. "Predisposing genetic characteristic" shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability.
21-b. "Genetic test" shall mean a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.
21-e. The term "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.
21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article.
22. The term "creditor", when used in this article, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. The term creditor includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors.
23. The term "credit reporting bureau", when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined by subdivision e of section three hundred seventy-one of the general business law.
24. The term "regulated creditor", when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the department of financial services or which is otherwise subject to the supervision of the department of financial services.
25. The term "superintendent", when used in this article, means the head of the department of financial services appointed pursuant to section two hundred two of the financial services law.
26. The term "familial status", when used in this article, means:
(a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or
(b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
(1) a parent or another person having legal custody of such individual or individuals, or
(2) the designee of such parent.
27. The term "sexual orientation" means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived.
28. The term "military status" when used in this article means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law.
29. The term "reserve armed forces", when used in this article, means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve.
30. The term "organized militia of the state", when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard.
34. The term "victim of domestic violence" shall have the same meaning as is ascribed to such term by section four hundred fifty-nine-a of the social services law.
35. The term "gender identity or expression" means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.
36. The term "lawful source of income" shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. The provisions of this subdivision shall not be construed to prohibit the use of criteria or qualifications of eligibility for the sale, rental, leasing or occupancy of publicly-assisted housing accommodations where such criteria or qualifications are required to comply with federal or state law, or are necessary to obtain the benefits of a federal or state program. A publicly assisted housing accommodation may include eligibility criteria in statements, advertisements, publications or applications, and may make inquiry or request information to the extent necessary to determine eligibility.
37. The term "race" shall, for the purposes of this article include traits historically associated with race, including but not limited to, hair texture and protective hairstyles.
38. The term "private employer" as used in section two hundred ninety-seven of this article shall include any person, company, corporation, labor organization or association. It shall not include the state or any local subdivision thereof, or any state or local department, agency, board or commission.
39. The term "protective hairstyles" shall include, but not be limited to, such hairstyles as braids, locks, and twists.
40. The term "educational institution" shall mean:
(a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or
(b) any for-profit entity that operates a college, university, licensed private career school or certified English as a second language school which holds itself out to the public to be non-sectarian and which is not exempt from taxation pursuant to the provisions of article four of the real property tax law; or
(c) any public school, including any school district, board of cooperative educational services, public college or public university.
41. The term "citizenship or immigration status" means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. Nothing in this article shall preclude verification of citizenship or immigration status where required by law, nor shall an adverse action based on verification of citizenship or immigration status be prohibited where such adverse action is required by law.
§ 293. Division of human rights. 1. There is hereby created in the executive department a division of human rights hereinafter in this article called the division. The head of such division shall be a commissioner hereinafter in this article called the commissioner, who shall be appointed by the governor, by and with the advice and consent of the senate and shall hold office at the pleasure of the governor. The commissioner shall be entitled to his or her expenses actually and necessarily incurred by him or her in the performance of his or her duties.
2. The commissioner may establish, consolidate, reorganize or abolish such bureaus and other organizational units within the division as he or she determines to be necessary for efficient operation.
§ 294. General policies of division. The division shall formulate policies to effectuate the purposes of this article and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.
§ 294-a. Statewide campaign for the acceptance, inclusion, tolerance and understanding of diversity. 1. The division shall develop and implement a statewide campaign to increase awareness and promote the acceptance, inclusion, tolerance and understanding of the diversity of people of this state, including, but not limited to diversity based on religion, race, color, creed, sex, ethnicity, national origin, age, disability, sexual orientation, gender identity or expression. In the development and implementation of such campaign, the division shall adopt as its purpose, the combatting of bias, hatred and discrimination in all their forms and the prevention of discrimination based on religion, race, color, creed, sex, ethnicity, national origin, age, disability, sexual orientation, gender identity or expression.
2. In order to effectuate the purpose of the campaign the division shall:
a. coordinate and cooperate with public and private organizations, including, but not limited to, local governments, community groups, school districts, churches, charitable organizations, foundations and other relevant groups;
b. develop educational materials to be published on the website of the division, social media campaigns or other means determined to be the most effective at reaching the public in a cost effective manner;
c. make information regarding such campaign available on the website of the division; and
d. utilize other resources the division deems appropriate and any other resources, private or public, identified by the division.
§ 295. General powers and duties of division. The division, by and through the commissioner or his or her duly authorized officer or employee, shall have the following functions, powers and duties:
1. To establish and maintain its principal office, and such other offices within the state as it may deem necessary.
2. To function at any place within the state.
3. To appoint such officers, attorneys, clerks and other employees and agents, consultants and special committees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
4. To obtain upon request and utilize the services of all governmental departments and agencies.
5. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this article, and the policies and practices of the division in connection therewith.
6. (a) To receive, investigate and pass upon complaints alleging violations of this article.
(b) Upon its own motion, to test and investigate and to make, sign and file complaints alleging violations of this article and to initiate investigations and studies to carry out the purposes of this article.
7. To hold hearings, to provide where appropriate for cross-interrogatories, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the division. The division may make rules as to the issuance of subpoenas which may be issued by the division at any stage of any investigation or proceeding before it.
In any such investigation or hearing, the commissioner, or an officer duly designated by the commissioner to conduct such investigation or hearing, may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law.
8. To create such advisory councils, local, regional or state-wide, as in its judgment will aid in effectuating the purposes of this article and of section eleven of article one of the constitution of this state, and the division may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status and make recommendations to the division for the development of policies and procedures in general and in specific instances. The advisory councils also shall disseminate information about the division's activities to organizations and individuals in their localities. Such advisory councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the division may make provision for technical and clerical assistance to such councils and for the expenses of such assistance.
9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its judgement will tend to inform persons of the rights assured and remedies provided under this article, to promote good-will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status.
10. To render each year to the governor and to the legislature a full written report of all its activities and of its recommendations.
11. To inquire into incidents of and conditions which may lead to tension and conflict among racial, religious and nationality groups and to take such action within the authority granted by law to the division, as may be designed to alleviate such conditions, tension and conflict.
12. To furnish any person with such technical assistance as the division deems appropriate to further compliance with the purposes or provisions of this article.
13. To promote the creation of human rights agencies by counties, cities, villages or towns in circumstances the division deems appropriate.
14. To accept, with the approval of the governor, as agent of the state, any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys 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 moneys appropriated for the purposes of this article.
15. To adopt an official seal.
16. To have concurrent jurisdiction with the New York city commission on human rights over the administration and enforcement of title C of chapter one of the administrative code of the city of New York.
17. To establish a dedicated telephone line to provide assistance to individuals with complaints of housing discrimination. Such assistance shall include, but not be limited to, directing individuals to resources available to the public regarding housing discrimination. The division shall operate such dedicated telephone line during regular business hours and shall post the telephone number for such dedicated phone line on the website of the division. The commissioner is hereby authorized and directed to promulgate rules and regulations to effectuate the purposes of this subdivision.
18. To establish a toll free confidential hotline to provide individuals with complaints of workplace sexual harassment counsel and assistance. The division shall operate this hotline during regular business hours and disseminate information about this hotline in order to ensure public knowledge of the hotline, including by working with the department of labor to ensure that information on the hotline is included in any materials employers must post or provide to employees regarding sexual harassment. The division will work with organizations representing attorneys, including but not limited to the New York state bar association, to recruit attorneys experienced in providing counsel related to sexual harassment matters who can provide pro bono assistance and counsel to individuals that contact the hotline. The hotline shall comply with all of the requirements for a program operated under the New York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in limited pro bono legal service programs). Attorneys may not solicit, or permit employees or agents of the attorneys to solicit on the attorney's behalf, further representation of any individuals they advise through the hotline relating to discussed sexual harassment complaint.
§ 296. Unlawful discriminatory practices. 1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
(b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation or gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
(h) For an employer, licensing agency, employment agency or labor organization to subject any individual to harassment because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or because the individual has opposed any practices forbidden under this article or because the individual has filed a complaint, testified or assisted in any proceeding under this article, regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims. Such harassment is an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions or privileges of employment because of the individual's membership in one or more of these protected categories. The fact that such individual did not make a complaint about the harassment to such employer, licensing agency, employment agency or labor organization shall not be determinative of whether such employer, licensing agency, employment agency or labor organization shall be liable. Nothing in this section shall imply that an employee must demonstrate the existence of an individual to whom the employee's treatment must be compared. It shall be an affirmative defense to liability under this subdivision that the harassing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences.
1-a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence;
(d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status, marital status, or status as a victim of domestic violence, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
2. (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, or status as a victim of domestic violence, of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited.
(b) Nothing in this subdivision shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodation, resort or amusement if the division grants an exemption based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex.
(c) For the purposes of paragraph (a) of this subdivision, "discriminatory practice" includes:
(i) a refusal to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford facilities, privileges, advantages or accommodations to individuals with disabilities, unless such person can demonstrate that making such modifications would fundamentally alter the nature of such facilities, privileges, advantages or accommodations;
(ii) a refusal to take such steps as may be necessary to ensure that no individual with a disability is excluded or denied services because of the absence of auxiliary aids and services, unless such person can demonstrate that taking such steps would fundamentally alter the nature of the facility, privilege, advantage or accommodation being offered or would result in an undue burden;
(iii) a refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable;
(iv) where such person is a local or state government entity, a refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal does not constitute an undue burden; except as set forth in paragraph (e) of this subdivision; nothing in this section would require a public entity to: necessarily make each of its existing facilities accessible to and usable by individuals with disabilities; take any action that would threaten or destroy the historical significance of an historic property; or to make structural changes in existing facilities where other methods are effective in achieving compliance with this section; and
(v) where such person can demonstrate that the removal of a barrier under subparagraph (iii) of this paragraph is not readily achievable, a failure to make such facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable.
(d) For the purposes of this subdivision:
(i) "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:
(A) the nature and cost of the action needed under this subdivision;
(B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources or the impact otherwise of such action upon the operation of the facility;
(C) the overall financial resources of the place of public accommodation, resort or amusement; the overall size of the business of such a place with respect to the number of its employees; the number, type and location of its facilities; and
(D) the type of operation or operations of the place of public accommodation, resort or amusement, including the composition, structure and functions of the workforce of such place; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to such place.
(ii) "Auxiliary aids and services" include:
(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B) qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments;
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
(iii) "Undue burden" means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered shall include:
(A) The nature and cost of the action needed under this article;
(B) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
(C) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(D) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(E) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
(iv) "Reasonable modifications in policies, practices, procedures" includes modification to permit the use of a service animal by a person with a disability, consistent with federal regulations implementing the Americans with Disabilities Act, Title III, at 28 CFR 36.302(c).
(e) Paragraphs (c) and (d) of this subdivision do not apply to any air carrier, the National Railroad Passenger Corporation, or public transportation facilities, vehicles or services owned, leased or operated by the state, a county, city, town or village, or any agency thereof, or by any public benefit corporation or authority.
2-a. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations:
(a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concerning the race, creed, color, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, status as a victim of domestic violence, lawful source of income or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination.
(d) (1) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including the use of an animal as a reasonable accommodation to alleviate symptoms or effects of a disability, and including reasonable modification to common use portions of the dwelling, or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety-one, a failure to design and construct dwellings in accordance with the accessibility requirements of the New York state uniform fire prevention and building code, to provide that:
(i) The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons with disabilities;
(ii) All the doors are designed in accordance with the New York state uniform fire prevention and building code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
(iii) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code.
(e) Nothing in this subdivision shall restrict the consideration of age in the rental of publicly-assisted housing accommodations if the division grants an exemption based on bona fide considerations of public policy for the purpose of providing for the special needs of a particular age group without the intent of prejudicing other age groups.
(f) Nothing in this subdivision shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same sex.
3. (a) It shall be an unlawful discriminatory practice for an employer, licensing agency, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities, or pregnancy-related conditions, of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program.
(b) Nothing contained in this subdivision shall be construed to require provision of accommodations which can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, employment agency's or labor organization's business, program or enterprise.
In making such a demonstration with regard to undue hardship the factors to be considered include:
(i) The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget;
(ii) The type of operation which the business, program or enterprise is engaged in, including the composition and structure of the workforce; and
(iii) The nature and cost of the accommodation needed.
(c) Nothing in this subdivision regarding "reasonable accommodation" or in the chapter of the laws of two thousand fifteen which added this paragraph shall alter, diminish, increase, or create new or additional requirements to accommodate protected classes pursuant to this article other than the additional requirements as explicitly set forth in such chapter of the laws of two thousand fifteen.
(d) The employee must cooperate in providing medical or other information that is necessary to verify the existence of the disability or pregnancy-related condition, or that is necessary for consideration of the accommodation. The employee has a right to have such medical information kept confidential.
3-a. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency to refuse to hire or employ or license or to bar or to terminate from employment an individual eighteen years of age or older, or to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of employment, because of such individual's age.
(b) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination on account of age respecting individuals eighteen years of age or older, or any intent to make any such limitation, specification, or discrimination.
(c) For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(d) Notwithstanding any other provision of law, no employee shall be subject to termination or retirement from employment on the basis of age, except where age is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business, where the differentiation is based on reasonable factors other than age, or as otherwise specified in paragraphs (e) and (f) of this subdivision or in article fourteen-A of the retirement and social security law.
(e) Nothing contained in this subdivision or in subdivision one of this section shall be construed to prevent the compulsory retirement of any employee who has attained sixty-five years of age, and who, for a two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least forty-four thousand dollars; provided that for the purposes of this paragraph only, the term "employer" includes any employer as otherwise defined in this article but does not include (i) the state of New York, (ii) a county, city, town, village or any other political subdivision or civil division of the state, (iii) a school district or any other governmental entity operating a public school, college or university, (iv) a public improvement or special district, (v) a public authority, commission or public benefit corporation, or (vi) any other public corporation, agency, instrumentality or unit of government which exercises governmental power under the laws of the state. In applying the retirement benefit test of this paragraph, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, such benefit shall be adjusted in accordance with rules and regulations promulgated by the division, after an opportunity for public hearing, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.
(f) Nothing contained in this subdivision, in subdivision one of this section or in article fourteen-A of the retirement and social security law shall be construed to prevent the compulsory retirement of any employee who has attained seventy years of age and is serving under a contract for unlimited tenure, or a similar arrangement providing for unlimited tenure, at a nonpublic institution of higher education. For purposes of such subdivisions or article, the term "institution of higher education" means an educational institution which (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (ii) is lawfully authorized to provide a program of education beyond secondary education, and (iii) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree.
(g) In the event of a conflict between the provisions of this subdivision and the provisions of article fourteen-A of the retirement and social security law, the provisions of article fourteen-A of such law shall be controlling.
But nothing contained in this subdivision, in subdivision one of this section or in article fourteen-A of the retirement and social security law shall be construed to prevent the termination of the employment of any person who, even upon the provision of reasonable accommodations, is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of said subdivisions or said article; nor shall anything in such subdivisions or such article be deemed to preclude the varying of insurance coverages according to an employee's age.
The provisions of this subdivision shall not affect any restriction upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, status as a victim of domestic violence, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, marital status, or status as a victim of domestic violence, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex.
5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. However, such rental property shall no longer be exempt from the provisions of subparagraphs one and two of this paragraph if there is unlawful discriminatory conduct pursuant to subparagraph three of this paragraph.
(ii) The provisions of subparagraphs one, two, and three of this paragraph shall not apply (1) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex, (2) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation, or (3) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available;
(2) To discriminate against any person because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, or familial status; or any intent to make any such limitation, specification or discrimination.
(4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status; or any intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any housing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, convalescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteenentitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership.
6. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so.
7. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. Retaliation may include, but is not limited to, disclosing an employee's personnel files because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article, except where such disclosure is made in the course of commencing or responding to a complaint in any proceeding under this article or any other civil or criminal action or other judicial or administrative proceeding as permitted by applicable law.
8. It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to section two hundred ninety-seven of this article to violate the terms of such agreement.
9. (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members thereof, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire department or fire company therein, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, marital status, status as a victim of domestic violence, or familial status, of such individual.
(b) Upon a complaint to the division, as provided for under subdivision one of section two hundred ninety-seven of this article, and in the event the commissioner finds that an unlawful discriminatory practice has been engaged in, the board of fire commissioners or other body or office having power of appointment of volunteer firefighters shall be served with any order required, under subdivision four of section two hundred ninety-seven of this article, to be served on any or all respondents requiring such respondent or respondents to cease and desist from such unlawful discriminatory practice and to take affirmative action. Such board shall have the duty and power to appoint as a volunteer firefighter, notwithstanding any other statute or provision of law or by-law of any volunteer fire company, any individual whom the commissioner has determined to be the subject of an unlawful discriminatory practice under this subdivision. Unless such board has been found to have engaged in an unlawful discriminatory practice, service upon such board of such order shall not constitute such board or its members as a respondent nor constitute a finding of an unlawful discriminatory practice against such board or its members.
10. (a) It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in this paragraph or paragraph (b) of this subdivision shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
(b) Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his or her place of employment during any day or days or portion thereof that, as a requirement of his or her religion, he or she observes as his or her sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his or her place of employment and his or her home, provided however, that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, provided further, however, that any such absence not so made up or charged, may be treated by the employer of such person as leave taken without pay.
(c) It shall be an unlawful discriminatory practice for an employer to refuse to permit an employee to utilize leave, as provided in paragraph (b) of this subdivision, solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice.
(d) As used in this subdivision: (1) "undue hardship" shall mean an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system). Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to:
(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer;
(ii) the number of individuals who will need the particular accommodation to a sincerely held religious observance or practice; and
(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.
Provided, however, an accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed.
(2) "premium wages" shall include overtime pay and compensatory time off, and additional remuneration for night, weekend or holiday work, or for standby or irregular duty.
(3) "premium benefit" shall mean an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.
In the case of any employer other than the state, any of its political subdivisions or any school district, this subdivision shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic hardship to the employer. In any proceeding in which the applicability of this subdivision is in issue, the burden of proof shall be upon the employer. If any question shall arise whether a particular position or class of positions is excepted from this subdivision by this paragraph, such question may be referred in writing by any party claimed to be aggrieved, in the case of any position of employment by the state or any of its political subdivisions, except by any school district, to the civil service commission, in the case of any position of employment by any school district, to the commissioner of education, who shall determine such question and in the case of any other employer, a party claiming to be aggrieved may file a complaint with the division pursuant to this article. Any such determination by the civil service commission shall be reviewable in the manner provided by article seventy-eight of the civil practice law and rules and any such determination by the commissioner of education shall be reviewable in the manner and to the same extent as other determinations of the commissioner under section three hundred ten of the education law.
11. Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.
12. Notwithstanding the provisions of subdivisions one, one-a and three-a of this section, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the division, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population. Any plan approved under this subdivision shall be in writing and the division's approval thereof shall be for a limited period and may be rescinded at any time by the division.
13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, status as a victim of domestic violence, disability, or familial status, or of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
14. In addition to reasonable modifications in policies, practices, or procedures, including those defined in subparagraph (iv) of paragraph (d) of subdivision two of this section or reasonable accommodations for persons with disabilities as otherwise provided in this section, including the use of an animal as a reasonable accommodation, it shall be an unlawful discriminatory practice for any person engaged in any activity covered by this section to deny access or otherwise to discriminate against a blind person, a person who is deaf or hard of hearing or a person with another disability because he or she is accompanied by a dog that has been trained to work or perform specific tasks for the benefit of such person by a professional guide dog, hearing dog or service dog training center or professional guide dog, hearing dog or service dog trainer, or to discriminate against such professional guide dog, hearing dog or service dog trainer engaged in such training of a dog for use by a person with a disability, whether or not accompanied by the person for whom the dog is being trained.
15. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of "good moral character" which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. Further, there shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that the employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in section seven hundred fifty-two of the correction law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee.
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by an order adjourning the criminal action in contemplation of dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.59 or 160.58 of the criminal procedure law, in connection with the licensing, housing, employment, including volunteer positions, or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by an order adjourning the criminal action in contemplation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law. An individual required or requested to provide information in violation of this subdivision may respond as if the arrest, criminal accusation, or disposition of such arrest or criminal accusation did not occur. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law. For purposes of this subdivision, an action which has been adjourned in contemplation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall not be considered a pending action, unless the order to adjourn in contemplation of dismissal is revoked and the case is restored to the calendar for further prosecution.
17. Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five years of age or older for housing accommodations.
18. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right of ownership of or possession of or the right to rent or lease housing accommodations:
(1) To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford said person with a disability equal opportunity to use and enjoy a dwelling, including the use of an animal as a reasonable accommodation to alleviate symptoms or effects of a disability, and including reasonable modification to common use portions of the dwelling, or
(3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety-one, a failure to design and construct dwellings in accordance with the accessibility requirements for multi-family dwellings found in the New York state uniform fire prevention and building code to provide that:
(i) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;
(ii) All the doors are designed in accordance with the New York state uniform fire prevention and building code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
(iii) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code.
19. (a) Except as provided in paragraph (b) of this subdivision, it shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, licensing agency, or its employees, agents, or members:
(1) to directly or indirectly solicit, require, or administer a genetic test to a person, or solicit or require information from which a predisposing genetic characteristic can be inferred as a condition of employment, preemployment application, labor organization membership, or licensure; or
(2) to buy or otherwise acquire the results or interpretation of an individual's genetic test results or information from which a predisposing genetic characteristic can be inferred or to make an agreement with an individual to take a genetic test or provide genetic test results or such information.
(b) An employer may require a specified genetic test as a condition of employment where such a test is shown to be directly related to the occupational environment, such that the employee or applicant with a particular genetic anomaly might be at an increased risk of disease as a result of working in said environment.
(c) Nothing in this section shall prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(1) pursuant to a workers' compensation claim;
(2) pursuant to civil litigation; or
(3) to determine the employee's susceptibility to potentially carcinogenic, toxic, or otherwise hazardous chemicals or substances found in the workplace environment only if the employer does not terminate the employee or take any other action that adversely affects any term, condition or privilege of employment pursuant to the genetic test results.
(d) If an employee consents to genetic testing for any of the aforementioned allowable reasons, he or she must be given and sign an authorization of consent form which explicitly states the specific purpose, uses and limitations of the genetic tests and the specific traits or characteristics to be tested.
21. Nothing in this section shall prohibit the offer and acceptance of a discount for housing accommodations to a person with a disability, as defined in subdivision twenty-one of section two hundred ninety-two of this article.
22. (a) It shall be an unlawful discriminatory practice for an employer or licensing agency, because of any individual's status as a victim of domestic violence, to refuse to hire or employ or license or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
(b) It shall be an unlawful discriminatory practice for an employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitation, specification or discrimination as to status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination; provided, however, that no provision of this subdivision shall be construed to prohibit the employer from making any inquiry or obtaining information for the purpose of providing assistance to, or a reasonable accommodation in accordance with the provisions of this subdivision to, a victim of domestic violence.
(c)(1) It shall be an unlawful discriminatory practice for an employer to refuse to provide a reasonable accommodation to an employee who is known by the employer to be a victim of domestic violence, limited to those accommodations set forth in subparagraph two of this paragraph, when such employee must be absent from work for a reasonable time, unless such absence would cause an undue hardship to the employer as set forth in subparagraph three of this paragraph, provided, however that the employer may require an employee to charge any time off pursuant to this section against any leave with pay ordinarily granted, where available, unless otherwise provided for in a collective bargaining agreement or existing employee handbook or policy, and any such absence that cannot be charged may be treated as leave without pay. An employee who must be absent from work in accordance with subparagraph two of this paragraph shall be entitled to the continuation of any health insurance coverage provided by the employer, to which the employee is otherwise entitled during any such absence.
(2) An employer is required to provide a reasonable accommodation to an employee who is a victim of domestic violence who must be absent from work for a reasonable time, in accordance with the provisions of subparagraph one of this paragraph, limited to the following:
(i) Seeking medical attention for injuries caused by domestic violence including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child; or
(ii) Obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence; or
(iii) Obtaining psychological counseling related to an incident or incidents of domestic violence, including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child; or
(iv) Participating in safety planning and taking other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or
(v) Obtaining legal services, assisting in the prosecution of the offense, or appearing in court in relation to the incident or incidents of domestic violence.
(3) An employer is required to provide a reasonable accommodation for an employee's absence in accordance with the provisions of subparagraphs one and two of this paragraph unless the employer can demonstrate that the employee's absence would constitute an undue hardship to the employer. A determination of whether such an absence will constitute an undue hardship shall include consideration of factors such as:
(i) The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget; and
(ii) The type of operation in which the business, program or enterprise is engaged, including the composition and structure of the workforce.
(4) An employee who must be absent from work in accordance with the provisions of subparagraph one of this paragraph shall provide the employer with reasonable advance notice of the employee's absence, unless such advance notice is not feasible.
(5) An employee who must be absent from work in accordance with the provisions of subparagraph one of this paragraph and who cannot feasibly give reasonable advance notice of the absence in accordance with subparagraph four of this paragraph must, within a reasonable time after the absence, provide a certification to the employer when requested by the employer.
Such certification shall be in the form of:
(i) A police report indicating that the employee or his or her child was a victim of domestic violence;
(ii) A court order protecting or separating the employee or his or her child from the perpetrator of an act of domestic violence;
(iii) Other evidence from the court or prosecuting attorney that the employee appeared in court; or
(iv) Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee or his or her child was undergoing counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
(6) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, such employee shall be treated in the same manner as an employee with any other disability, pursuant to the provisions of this section which provide that discrimination and refusal to provide reasonable accommodation of disability are unlawful discriminatory practices.
(d) To the extent allowed by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence.
§ 296-a. Unlawful discriminatory practices in relation to credit. 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space to discriminate against any such applicant because of the race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status;
c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning;
e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, childbearing potential, disability, or familial status;
f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, sex, marital status, status as a victim of domestic violence, disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness.
3. It shall not be considered discriminatory if credit differentiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, marital status, status as a victim of domestic violence or disability, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future.
3-a. It shall not be an unlawful discriminatory practice to consider age in determining credit worthiness when age has a demonstrable and statistically sound relationship to a determination of credit worthiness.
4. a. If so requested by an applicant for credit, a creditor shall furnish such applicant with a statement of the specific reasons for rejection of the applicant's application for credit.
b. If so requested in writing by an individual who is or was married, a creditor or credit reporting bureau shall maintain in its records a separate credit history for any such individual. Such separate history shall include all obligations as to which such bureau has notice with respect to which any such person is or was individually or jointly liable.
5. No provision of this section providing spouses the right to separately apply for credit, borrow money, or have separate credit histories maintained shall limit or foreclose the right of creditors, under any other provision of law, to hold one spouse legally liable for debts incurred by the other.
6. Any person claiming to be aggrieved by an unlawful discriminatory practice engaged in by a regulated creditor, in lieu of the procedure set forth in section two hundred ninety-seven of this article, may file a verified complaint with the superintendent, as provided hereinafter; provided, however, that the filing of a complaint with either the superintendent or the division shall bar subsequent recourse to the other agency, as well as to any local commission on human rights, with respect to the grievance complained of.
7. In the case of a verified complaint filed with the superintendent the following procedures shall be followed:
a. After receipt of the complaint, the superintendent shall make a determination within thirty days of whether there is probable cause to believe that the person named in the complaint has engaged in or is engaging in an unlawful discriminatory practice. If the superintendent determines there is no such probable cause, the complaint shall be dismissed. If the superintendent determines that there is such probable cause, he or she shall attempt to resolve such complaint by conference and conciliation. If conciliation is achieved, the terms shall be recorded in a written agreement signed by the creditor and complainant, a copy of which shall be forwarded to the commissioner.
b. If conciliation is not achieved, the superintendent or his or her designated representative shall conduct a hearing with respect to the alleged violation of this section. All interested parties shall be entitled to adequate and timely notice of the hearing. Such parties shall have the right to be represented by counsel or by other representatives of their own choosing; to offer evidence and witnesses in their own behalf and to cross-examine other parties and witnesses; to have the power of subpoena exercised in their behalf; and to have access to a written record of such hearing. The superintendent or his or her representative shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken shall be under oath and a record shall be made of the proceedings. A written decision shall be made by the superintendent or his or her designated representative separately setting forth findings of fact and conclusions of law. A copy of such decision shall be forwarded to the commissioner.
c. If the superintendent finds that a violation of this section has occurred, the superintendent shall issue an order which shall do one or more of the following:
(1) impose a fine in an amount not to exceed ten thousand dollars for each violation, to be paid to the people of the state of New York;
(2) award compensatory damages to the person aggrieved by such violation;
(3) for a claim of sex discrimination only, award reasonable attorney's fees attributable to such claim to any prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous. In no case shall attorney's fees be awarded to the department, nor shall the department be liable to a prevailing party for attorney's fees. In order to find the action or proceeding to be frivolous, the superintendent must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
(4) require the regulated creditor to cease and desist from such unlawful discriminatory practices;
(5) require the regulated creditor to take such further affirmative action as will effectuate the purposes of this section, including, but not limited to, granting the credit which was the subject of the complaint.
d. Any complainant, respondent or other person aggrieved by any order or final determination of the superintendent may obtain judicial review thereof.
8. Where the superintendent makes a determination that a regulated creditor has engaged in or is engaging in discriminatory practices, the superintendent is empowered to issue appropriate orders to such creditor pursuant to the banking law. Such orders may be issued without the necessity of a complaint being filed by an aggrieved person.
9. Whenever any creditor makes application to the superintendent of financial services to take any action requiring consideration by the superintendent of the public interest and the needs and convenience thereof, or requiring a finding that the financial responsibility, experience, charter, and general fitness of the applicant, and of the members thereof if the applicant be a co-partnership or association, and of the officers and directors thereof if the applicant be a corporation, are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly, and efficiently, such creditor shall certify to the superintendent compliance with the provisions of this section. In the event that the records of the department of financial services show that such creditor has been found to be in violation of this section, such creditor shall describe what action has been taken with respect to its credit policies and procedures to remedy such violation or violations. The superintendent shall, in approving the foregoing applications and making the foregoing findings, give appropriate weight to compliance with this section.
10. Any complaint filed with the superintendent pursuant to this section shall be so filed within one year after the occurrence of the alleged unlawful discriminatory practice.
11. The superintendent is hereby empowered to promulgate rules and regulations hereunder to effectuate the purposes of this section.
12. The provisions of this section, as they relate to age, shall not apply to persons under the age of eighteen years.
§ 296-c. Unlawful discriminatory practices relating to interns. 1. As used in this section, "Intern" means a person who performs work for an employer for the purpose of training under the following circumstances:
a. the employer is not committed to hire the person performing the work at the conclusion of the training period;
b. the employer and the person performing the work agree that the person performing the work is not entitled to wages for the work performed; and
c. the work performed:
(1) provides or supplements training that may enhance the employability of the intern;
(2) provides experience for the benefit of the person performing the work;
(3) does not displace regular employees; and
(4) is performed under the close supervision of existing staff.
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;
b. discriminate against an intern in receiving, classifying, disposing or otherwise acting upon applications for internships because of the intern's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;
c. print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service internships or examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence;
d. to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
3. It shall be an unlawful discriminatory practice for an employer to:
a. engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of the intern's employment;
(2) submission to or rejection of such conduct by the intern is used as the basis for employment decisions affecting such intern; or
(3) such conduct has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment; or
b. subject an intern to unwelcome harassment based on age, sex, race, creed, color, sexual orientation, military status, disability, predisposing genetic characteristics, marital status, status as a victim of domestic violence, national origin, or citizenship or immigration status, or where such harassment has the purpose or effect of unreasonably interfering with the intern's work performance by creating an intimidating, hostile, or offensive working environment.
4. Nothing in this section shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.
5. Nothing in this section shall create an employment relationship between an employer and an intern for the purposes of articles six, seven, eighteen or nineteen of the labor law.
§ 296-d. Unlawful discriminatory practices relating to non-employees. It shall be an unlawful discriminatory practice for an employer to permit unlawful discrimination against non-employees in its workplace. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, with respect to an unlawful discriminatory practice, when the employer, its agents or supervisors knew or should have known that such non-employee was subjected to an unlawful discriminatory practice in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of the person who engaged in the unlawful discriminatory practice shall be considered.
§ 297. Procedure. 1. Any person claiming to be aggrieved by an unlawful discriminatory practice may, by himself or herself or his or her attorney-at-law, make, sign and file with the division a complaint in writing under oath or by declaration which shall state the name and address of the person alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the division. The commissioner of labor or the attorney general, or the executive director of the justice center for the protection of people with special needs, or the division on its own motion may, in like manner, make, sign and file such complaint. In connection with the filing of such complaint, the attorney general is authorized to take proof, issue subpoenas and administer oaths in the manner provided in the civil practice law and rules. Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of this article, may file with the division a verified complaint asking for assistance by conciliation or other remedial action.
2. a. After the filing of any complaint, the division shall promptly serve a copy thereof upon the respondent and all persons it deems to be necessary parties, and make prompt investigation in connection therewith. Within one hundred eighty days after a complaint is filed, the division shall determine whether it has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in an unlawful discriminatory practice. If it finds with respect to any respondent that it lacks jurisdiction or that probable cause does not exist, the commissioner shall issue and cause to be served on the complainant an order dismissing such allegations of the said complaint as to such respondent.
b. Notwithstanding the provisions of paragraph a of this subdivision, with respect to housing discrimination only, after the filing of any complaint, the division shall, within thirty days after receipt, serve a copy thereof upon the respondent and all persons it deems to be necessary parties, and make prompt investigation in connection therewith. Within one hundred days after a complaint is filed, the division shall determine whether it has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in an unlawful discriminatory practice. If it finds with respect to any respondent that it lacks jurisdiction or that probable cause does not exist, the commissioner shall issue and cause to be served on the complainant an order dismissing such allegations of the said complaint as to such respondent.
3. a. If in the judgment of the division the circumstances so warrant, it may, at any time after the filing of the complaint, endeavor to eliminate such unlawful discriminatory practice by conference, conciliation and persuasion. Each conciliation agreement shall include provisions requiring the respondent to refrain from the commission of unlawful discriminatory practices in the future and may contain such further provisions as may be agreed upon by the division, the complainant, and the respondent, including a provision for the entry in the supreme court in any county in the judicial district where the alleged unlawful discriminatory practice was committed, or where any respondent resides or maintains an office for the transaction of business, or where the housing accommodation, land or commercial space specified in the complaint is located, of a consent decree embodying the terms of the conciliation agreement. The division shall not disclose what has transpired in the course of such endeavors.
b. If a conciliation agreement is entered into, the division shall issue an order embodying such agreement and serve a copy of such order upon all parties to the proceeding, and if a party to any such proceeding is a regulated creditor, the division shall forward a copy of the order embodying such agreement to the superintendent.
c. If the division finds that noticing the complaint for hearing would be undesirable, the division may, in its unreviewable discretion, at any time prior to a hearing before a hearing examiner, dismiss the complaint on the grounds of administrative convenience. However, in cases of housing discrimination only, an administrative convenience dismissal will not be rendered without the consent of the complainant. The division may, subject to judicial review, dismiss the complaint on the grounds of untimeliness if the complaint is untimely or on the grounds that the election of remedies is annulled.
4. a. Within two hundred seventy days after a complaint is filed, or within one hundred twenty days after the court has reversed and remanded an order of the division dismissing a complaint for lack of jurisdiction or for want of probable cause, unless the division has dismissed the complaint or issued an order stating the terms of a conciliation agreement not objected to by the complainant, the division shall cause to be issued and served a written notice, together with a copy of such complaint, as the same may have been amended, requiring the respondent or respondents to answer the charges of such complaint and appear at a public hearing before a hearing examiner at a time not less than five nor more than fifteen days after such service and at a place to be fixed by the division and specified in such notice. The place of any such hearing shall be the office of the division or such other place as may be designated by the division. The case in support of the complaint shall be presented by one of the attorneys or agents of the division and, at the option of the complainant, by his or her attorney. With the consent of the division, the case in support of the complainant may be presented solely by his or her attorney. No person who shall have previously made the investigation, engaged in a conciliation proceeding or caused the notice to be issued shall act as a hearing examiner in such case. Attempts at conciliation shall not be received in evidence. At least two business days prior to the hearing the respondent shall, and any necessary party may, file a written answer to the complaint, sworn to subject to the penalties of perjury, with the division and serve a copy upon all other parties to the proceeding. A respondent who has filed an answer, or whose default in answering has been set aside for good cause shown may appear at such hearing in person or otherwise, with or without counsel, cross examine witnesses and the complainant and submit testimony. The complainant and all parties shall be allowed to present testimony in person or by counsel and cross examine witnesses. The hearing examiner may in his or her discretion permit any person who has a substantial personal interest to intervene as a party, and may require that necessary parties not already parties be joined. The division or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent and any other party shall have like power to amend his or her answer. The hearing examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and a record made.
b. If the respondent fails to answer the complaint, the hearing examiner designated to conduct the hearing may enter the default and the hearing shall proceed on the evidence in support of the complaint. Such default may be set aside only for good cause shown upon equitable terms and conditions.
c. Within one hundred eighty days after the commencement of such hearing, a determination shall be made and an order served as hereinafter provided. If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful discriminatory practice as defined in this article, the commissioner shall state findings of fact and shall issue and cause to be served on such respondent an order, based on such findings and setting them forth, and including such of the following provisions as in the judgment of the division will effectuate the purposes of this article: (i) requiring such respondent to cease and desist from such unlawful discriminatory practice; (ii) requiring such respondent to take such affirmative action, including (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons, granting the credit which was the subject of any complaint, evaluating applicants for membership in a place of accommodation without discrimination based on race, creed, color, national origin, sex, disability or marital status, and without retaliation or discrimination based on opposition to practices forbidden by this article or filing a complaint, testifying or assisting in any proceeding under this article; (iii) awarding of compensatory damages to the person aggrieved by such practice; (iv) awarding of punitive damages, in cases of employment discrimination related to private employers, and, in cases of housing discrimination, with damages in housing discrimination cases in an amount not to exceed ten thousand dollars, to the person aggrieved by such practice; (v) requiring payment to the state of profits obtained by a respondent through the commission of unlawful discriminatory acts described in subdivision three-b of section two hundred ninety-six of this article; and (vi) assessing civil fines and penalties, in an amount not to exceed fifty thousand dollars, to be paid to the state by a respondent found to have committed an unlawful discriminatory act, or not to exceed one hundred thousand dollars to be paid to the state by a respondent found to have committed an unlawful discriminatory act which is found to be willful, wanton or malicious; (vii) requiring a report of the manner of compliance. If, upon all the evidence, the commissioner shall find that a respondent has not engaged in any such unlawful discriminatory practice, he or she shall state findings of fact and shall issue and cause to be served on the complainant an order based on such findings and setting them forth dismissing the said complaint as to such respondent. A copy of each order issued by the commissioner shall be delivered in all cases to the attorney general, the secretary of state, if he or she has issued a license to the respondent, and such other public officers as the division deems proper, and if any such order issued by the commissioner concerns a regulated creditor, the commissioner shall forward a copy of any such order to the superintendent. A copy of any complaint filed against any respondent who has previously entered into a conciliation agreement pursuant to paragraph a of subdivision three of this section or as to whom an order of the division has previously been entered pursuant to this paragraph shall be delivered to the attorney general, to the secretary of state if he or she has issued a license to the respondent and to such other public officers as the division deems proper, and if any such respondent is a regulated creditor, the commissioner shall forward a copy of any such complaint to the superintendent.
d. The division shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder.
e. Any civil penalty imposed pursuant to this subdivision shall be separately stated, and shall be in addition to and not reduce or offset any other damages or payment imposed upon a respondent pursuant to this article. In cases of employment discrimination where the employer has fewer than fifty employees, such civil fine or penalty may be paid in reasonable installments, in accordance with regulations promulgated by the division. Such regulations shall require the payment of reasonable interest resulting from the delay, and in no case permit installments to be made over a period longer than three years.
5. Any complaint filed pursuant to this section must be so filed within one year after the alleged unlawful discriminatory practice. In cases of sexual harassment in employment, any complaint filed pursuant to this section must be so filed within three years after the alleged unlawful discriminatory practices.
6. At any time after the filing of a complaint with the division alleging an unlawful discriminatory practice under this article, if the division determines that the respondent is doing or procuring to be done any act tending to render ineffectual any order the commissioner may enter in such proceeding, the commissioner may apply to the supreme court in any county where the alleged unlawful discriminatory practice was committed, or where any respondent resides or maintains an office for the transaction of business, or if the complaint alleges an unlawful discriminatory practice under subdivision two-a or paragraph (a), (b) or (c) of subdivision five of section two hundred ninety-six of this article, where the housing accommodation, land or commercial space specified in the complaint is located, or, if no supreme court justice is available in such county, in any other county within the judicial district, for an order requiring the respondents or any of them to show cause why they should not be enjoined from doing or procuring to be done such act. The order to show cause may contain a temporary restraining order and shall be served in the manner provided therein. On the return date of the order to show cause, and after affording all parties an opportunity to be heard, if the court deems it necessary to prevent the respondents from rendering ineffectual an order relating to the subject matter of the complaint, it may grant appropriate injunctive relief upon such terms and conditions as it deems proper.
7. Not later than one year from the date of a conciliation agreement or an order issued under this section, and at any other times in its discretion, the division shall investigate whether the respondent is complying with the terms of such agreement or order. Upon a finding of non-compliance, the division shall take appropriate action to assure compliance.
8. No officer, agent or employee of the division shall make public with respect to a particular person without his consent information from reports obtained by the division except as necessary to the conduct of a proceeding under this section.
9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of employment discrimination related to private employers and housing discrimination only, punitive damages, and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint hereunder or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this article, provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four of the civil practice law and rules, if a complaint is so annulled by the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the statute of limitations in effect in such court at the time the complaint was initially filed with the division. Any party to a housing discrimination complaint shall have the right within twenty days following a determination of probable cause pursuant to subdivision two of this section to elect to have an action commenced in a civil court, and an attorney representing the division of human rights will be appointed to present the complaint in court, or, with the consent of the division, the case may be presented by complainant's attorney. A complaint filed by the equal employment opportunity commission to comply with the requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a complaint within the meaning of this subdivision. No person who has initiated any action in a court of competent jurisdiction or who has an action pending before any administrative agency under any other law of the state based upon an act which would be an unlawful discriminatory practice under this article, may file a complaint with respect to the same grievance under this section or under section two hundred ninety-six-a of this article. In cases of housing discrimination only, a person whose complaint has been dismissed by the division after investigation for lack of jurisdiction or lack of probable cause may file the same cause of action in a court of appropriate jurisdiction pursuant to this section, unless judicial review of such dismissal has been sought pursuant to section two hundred ninety-eight of this article. The attorney general shall have the power to commence an action or proceeding in the supreme court of the state of New York, if, upon information or belief, the attorney general is of the opinion that an employer has been, is, or is about to violate the provisions regarding unlawful discriminatory retaliation pursuant to subdivision seven of section two hundred ninety-six of this article. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the attorney general or any other person authorized to bring an action under this section.
10. In an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hearing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the division is a party to the action or the proceeding in the division's capacity as an employer. Expert witness fees may be awarded in the same manner as attorney's fees. In cases of employment discrimination, a respondent shall only be liable for attorney's fees under this subdivision if the respondent has been found liable for having committed an unlawful discriminatory practice. In order to find the action or proceeding to be frivolous, the court or the commissioner must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
§ 298. Judicial review and enforcement. Any complainant, respondent or other person aggrieved by an order of the commissioner which is an order after public hearing, a cease and desist order, an order awarding damages, an order dismissing a complaint, or by an order of the division which makes a final disposition of a complaint may obtain judicial review thereof, and the division may obtain an order of court for its enforcement and for the enforcement of any order of the commissioner which has not been appealed to the court, in a proceeding as provided in this section. Such proceeding shall be brought in the supreme court in the county wherein the unlawful discriminatory practice which is the subject of the order occurs or wherein any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Such proceeding shall be initiated by the filing of a notice of petition and petition in such court. Thereafter, at a time and in a manner to be specified by rules of court, the division shall file with the court a written transcript of the record of all prior proceedings. Upon the filing of a notice of petition and petition, the court shall have jurisdiction of the proceeding and of the questions determined therein, except that where the order sought to be reviewed was made as a result of a public hearing held pursuant to paragraph a of subdivision four of section two hundred ninety-seven of this article, the court shall make an order directing that the proceeding be transferred for disposition to the appellate division of the supreme court in the judicial department embracing the county in which the proceeding was commenced. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part such order. No objection that has not been urged in prior proceedings shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Any party may move the court to remit the case to the division in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, provided he or she shows reasonable grounds for the failure to adduce such evidence in prior proceedings. The findings of facts on which such order is based shall be conclusive if supported by sufficient evidence on the record considered as a whole. All such proceedings shall be heard and determined by the court and any appeal taken from its judgment or order shall be reviewed by the appropriate appellate court as expeditiously as possible and with lawful precedence over other matters. The jurisdiction of the courts over these proceedings, as provided for herein, shall be exclusive and their judgments and orders shall be final, subject to appellate review in the same manner and form and with the same effect as provided for appeals from a judgment in a special proceeding. The division's copy of the testimony shall be available at all reasonable times to all parties for examination without cost and for the purposes of judicial review of such order. Any appeal under this section and any proceeding, if instituted under article seventy-eight of the civil practice law and rules to which the division or the board is a party shall be heard on the record without requirement of printing. The division may appear in court by one of its attorneys. A proceeding under this section when instituted by any complainant, respondent or other person aggrieved must be instituted within sixty days after the service of such order. In cases of housing discrimination only, a complaint dismissed after investigation for lack of jurisdiction or lack of probable cause may either be appealed pursuant to this section or the same cause of action may be filed in a court of appropriate jurisdiction pursuant to section two hundred ninety-seven of this article.
§ 298-a. Application of article to certain acts committed outside the state of New York. 1. The provisions of this article shall apply as hereinafter provided to an act committed outside this state against a resident of this state or against a corporation organized under the laws of this state or authorized to do business in this state, if such act would constitute an unlawful discriminatory practice if committed within this state.
2. If a resident person or domestic corporation violates any provision of this article by virtue of the provisions of this section, this article shall apply to such person or corporation in the same manner and to the same extent as such provisions would have applied had such act been committed within this state except that the penal provisions of such article shall not be applicable.
3. If a non-resident person or foreign corporation violates any provision of this article by virtue of the provisions of this section, such person or corporation shall be prohibited from transacting any business within this state. Except as otherwise provided in this subdivision, the provisions of section two hundred ninety-seven of this article governing the procedure for determining and processing unlawful discriminatory practices shall apply to violations defined by this subdivision insofar as such provisions are or can be made applicable. If the division of human rights has reason to believe that a non-resident person or foreign corporation has committed or is about to commit outside of this state an act which if committed within this state would constitute an unlawful discriminatory practice and that such act is in violation of any provision of this article by virtue of the provisions of this section, it shall serve a copy of the complaint upon such person or corporation by personal service either within or without the state or by registered mail, return receipt requested, directed to such person or corporation at his or her or its last known place of residence or business, together with a notice requiring such person or corporation to appear at a hearing, specifying the time and place thereof, and to show cause why a cease and desist order should not be issued against such person or corporation. If such person or corporation shall fail to appear at such hearing or does not show sufficient cause why such order should not be issued, the division shall cause to be issued and served upon such person or corporation an order to cease or desist from the act or acts complained of. Failure to comply with any such order shall be followed by the issuance by the division of an order prohibiting such person or corporation from transacting any business within this state. A person or corporation who or which transacts business in this state in violation of any such order is guilty of a class A misdemeanor. Any order issued pursuant to this subdivision may be vacated by the division upon satisfactory proof of compliance with such order. All orders issued pursuant to this subdivision shall be subject to judicial review in the manner prescribed by article seventy-eight of the civil practice law and rules.
§ 299. Penal provision. Any person, employer, labor organization or employment agency, who or which shall wilfully resist, prevent, impede or interfere with the division or any of its employees or representatives in the performance of duty under this article, or shall wilfully violate an order of the division or commissioner, shall be guilty of a misdemeanor and be punishable by imprisonment in a penitentiary, or county jail, for not more than one year, or by a fine of not more than five hundred dollars, or by both; but procedure for the review of the order shall not be deemed to be such wilful conduct.
§ 300. Construction. The provisions of this article shall be construed liberally for the accomplishment of the remedial purposes thereof, regardless of whether federal civil rights laws, including those laws with provisions worded comparably to the provisions of this article, have been so construed. Exceptions to and exemptions from the provisions of this article shall be construed narrowly in order to maximize deterrence of discriminatory conduct. Nothing contained in this article shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination; but, as to acts declared unlawful by section two hundred ninety-six of this article, the procedure herein provided shall, while pending, be exclusive; and the final determination therein shall exclude any other state civil action based on the same grievance of the individual concerned. If such individual institutes any action based on such grievance without resorting to the procedure provided in this article, he or she may not subsequently resort to the procedure herein.
§ 301. Separability. If any clause, sentence, paragraph or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article.
ARTICLE 15-B NEW YORK STATE MARTIN LUTHER KING, JR. INSTITUTE FOR NONVIOLENCE ACT
Section 320. Legislative findings and declaration.
321. Definitions.
322. The New York state Martin Luther King, Jr. institute for nonviolence.
323. Powers and duties.
324. Fellowships.
325. Grants.
326. Reporting.
327. Contributions to the institute.
§ 320. Legislative findings and declaration. The legislature finds and declares that an institution embodying the heritage, ideals and concerns of the people of the state of New York for peace and social justice as exemplified by the philosophy and nonviolent leadership of Dr. Martin Luther King, Jr. is an appropriate response to the significant public need for the state to develop methods in addition to current law enforcement responses to curb the use of violence and encourage the nonviolent management of social conflict.
It is further found and declared that people throughout the state fear violence and deplore the social injustice that can give rise to violence. New York state citizens are experiencing increasing racial and cultural hostilities stemming from rapid social change and real and perceived conflicts over group and individual interests and they may be disadvantaged by a lack of problem-solving skills for redressing these social conflicts.
It is further found and declared that many potentially destructive conflicts between different societal groups and interests have been resolved constructively and effectively at the national, state and local level through the use of nonviolent methods as were advocated and exemplified by the life of Dr. Martin Luther King, Jr.
It is further found and declared there is a need to examine the history, nature, elements and future of nonviolent processes for conflict resolution, and to develop new techniques to promote nonviolence solutions to economic, political, social and cultural conflicts in the state. Such activities conducted through government, private enterprise, and voluntary associations can be strengthened by a state institution devoted to research, education and training and the provision of information services with respect to nonviolent conflict resolution techniques.
To accomplish these public purposes, it therefore is necessary that the state of New York establish the New York state Martin Luther King, Jr. institute for nonviolence to serve the citizens of the state and their government through education and training opportunities, basic and applied research opportunities, and information services, with respect to the promotion of nonviolent methods and techniques to resolve conflicts among individuals and groups of New York state citizens.
§ 321. Definitions. The following terms as used in this article shall have the following meanings.
1. "Board" shall mean the board of directors of the institute.
2. "Institute" shall mean the New York state Martin Luther King, Jr. institute for nonviolence established by section three hundred twenty-two of this article.
§ 322. The New York state Martin Luther King, Jr. institute for nonviolence. 1. There is hereby created the New York state Martin Luther King, Jr. institute for nonviolence. The institute shall be a public corporation and its membership shall consist of thirteen members as follows: the chancellor of the state university of New York, the commissioner of education of the state of New York, the chairperson of the New York state Martin Luther King, Jr. commission, and ten members to be appointed by the governor. Of the members appointed by the governor, one shall be a member of the New York state senate appointed by the governor on the recommendation of the majority leader, one shall be a member of the New York state senate appointed by the governor on the recommendation of the minority leader, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the speaker of the assembly, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the minority leader; and six shall be members appointed by the governor, no more than three of whom may be members of the same political party.
From among the ten directors appointed by him, the governor shall appoint a chairperson who shall serve for a term of three years.
Members of the board of directors shall serve the following terms of office:
(a) A member of the state legislature appointed to the board shall serve for a single term not to exceed five years and shall serve as a member only while he or she is a member of the legislature.
(b) Of the six directors appointed by the governor who are not members of the legislature, three directors shall serve for terms of four years, two directors shall serve for terms of three years, and one director shall serve for a one year term. Thereafter, each director, except for a director appointed to fill an unexpired term, shall serve for a five year term. No director may serve on the board for more than ten years.
2. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the governor shall appoint a successor, with the advice and consent of the New York state senate, to serve for the balance of the unexpired term.
3. The board of directors shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the corporation, the acts of a majority of the directors present at a meeting at which a quorum is present shall be deemed to be the acts of the board.
4. The board of directors shall adopt by-laws for the corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
5. The directors appointed by the governor shall serve without salary, but each director, including the chairperson shall be entitled to reimbursement for such director's reasonable actual and necessary expenses incurred in the performance of his or her official duties, and except in the case of any director who serves as a member of the legislature or serves in an ex officio capacity, a per diem allowance when rendering services as such director.
6. No member of the board of directors shall participate in a decision on the awarding of any grant or contract to an individual or organization with whom such member is affiliated.
7. Directors other than the chancellor of the state university of New York and the commissioner of education of the state of New York may engage in private employment, or in a profession or business. The corporation, its directors, officers and employees shall be subject to the provisions of sections seventy-three and seventy-four of the public officers law.
§ 323. Powers and duties. The institute shall have the following powers and duties:
1. To conduct research and undertake studies, particularly of an interdisciplinary or of a multi-disciplinary nature, into the causes of violence and other social conflicts, and peace and nonviolence theories, methods, techniques, programs and systems;
2. To develop programs to make research, education and training with respect to nonviolent conflict resolution more available and useful to persons in government, private enterprise, community groups and voluntary associations;
3. To conduct training, provide symposia and develop continuing education and research programs to promote skills in nonviolent conflict resolution;
4. To establish such divisions, programs, schools, and offices as the board deems appropriate to carry out the purposes of this article;
5. To enter into formal and informal relationships with other public or private institutions for purposes of fulfilling the goals of the institute not inconsistent with this article;
6. To establish a clearinghouse and develop and provide other programs and materials, including publications, handbooks, training manuals, and audio-visual materials, for disseminating information on the programs, studies, research, and training and educational opportunities, of the institute;
7. To enter into contracts;
8. To adopt, amend and alter by-laws, not inconsistent with the laws of the state of New York;
9. To charge and collect subscription and other participation costs and fees for its services, including publications, and courses of study;
10. The institute may sue and be sued, complain, and defend in any court of competent jurisdication; and
11. The institute may do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this article.
§ 324. Fellowships. The institute may establish fellowships, through the provisions of financial assistance in the form of stipends, grants or loans or other assistance, to individuals to enable them to pursue scholarly inquiry and study other appropriate forms of strategies for peace and nonviolent conflict resolution. No such assistance shall be provided for a period in excess of two years.
§ 325. Grants. The institute may undertake to provide financial assistance in the form of grants or loans and may contract with public and private educational institutions, including primary and secondary schools and community colleges, and with other public and private entities to carry out the purposes of this article.
§ 326. Reporting. The institute shall provide a report of an audit to the governor of the state of New York and each house of the legislature no later than six months following the close of each fiscal year. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the institute assets and liabilities, surplus or deficit, with reasonable detail, during the year including a schedule of all contracts and grants requiring payments in excess of five thousand dollars and any payments of compensation, salaries, or fees at a rate in excess of five thousand dollars per annum.
§ 327. Contributions to the institute. The institute may receive grants and contributions from any public or private source to the extent authorized by law.
ARTICLE 15-C RELIGIOUS ACCOMMODATION FOR LICENSING EXAMINATIONS
Section 328. Definitions.
328-a. Special administrations.
§ 328. Definitions. When used in this article:
1. "Licensing examination" means any test or examination that is given in New York and used to determine whether an applicant will be licensed, certified, admitted, or otherwise permitted to practice any profession, business, trade, activity, or pursuit.
2. "Test subject" means an individual to whom a test or examination is administered.
3. "Day of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on any test subject's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a sabbath or other holy day or days in accordance with the requirements of his or her religion.
4. "Affected test subject" means a test subject for whom a day of religious observance falls on the day or portion thereof that a licensing exam is administered.
§ 328-a. Special administrations. When any licensing examination is administered on a day of religious observance, a special administration of such licensing examination or an equivalent examination shall be offered to any affected test subject as soon after or before as is possible, at a comparable time, place and cost, provided that in no circumstances shall the special administration be more than thirty days before or after the regular test administration.
ARTICLE 16-A HIGHWAY SAFETY
Section 330. Legislative findings and statement of purpose.
331. Definitions.
332. State highway safety program.
333. Local highway safety programs.
334. Federal aid.
§ 330. Legislative findings and statement of purpose. The rising toll of deaths and injuries resulting from highway accidents is a matter of state concern. Although the state and local governments presently are active in virtually all areas of highway safety, no formal mechanism exists for the integration and coordination of existing safety efforts. The establishment of a statewide highway safety program, under the guidance and direction of the governor, will provide this needed mechanism, and will result in the unification of state and local efforts in the struggle to reduce highway deaths and injuries.
§ 331. Definitions. For the purposes of this article, the following terms shall have the following meanings:
1. "State highway safety program" means all highway safety programs conducted by the state and political subdivisions of the state.
2. "Approved local highway safety program" means a program established by a political subdivision which has been approved pursuant to the provisions of this article.
3. "Political subdivision" means a city or town with a population in excess of fifty thousand, and every county not wholly included within a city, and any combination of the foregoing having at least one common boundary.
4. "Designee" means the public officer or state agency designated by the governor to act in his behalf in carrying out the provisions of this article.
§ 332. State highway safety program. 1. Notwithstanding any inconsistent provision of law, general, special or local, the governor is hereby empowered to contract and to do all other things necessary or convenient in behalf of the state to secure the full benefits available under the federal highway safety act of nineteen hundred sixty-six and any acts amendatory or supplemental thereto. The governor shall coordinate the highway safety activities of state and local agencies, other public and private agencies, and of interested organizations and individuals to effectuate the purposes of that act and shall be the official of this state having the ultimate responsibility of dealing with the federal government with respect to the state highway safety program.
§ 333. Local highway safety programs. 1. The governor or his designee is hereby empowered to promulgate rules and regulations establishing standards and procedures relating to the content, coordination, submission and approval of local highway safety programs. Such rules and regulations may include, but need not be limited to, requirements in the following areas of highway safety:
(a) traffic engineering and control;
(b) traffic enforcement;
(c) emergency medical care;
(d) investigation and surveillance of accident locations; and
(e) highway safety education.
2. To qualify for receipt of federal funds, each political subdivision shall:
(a) If a city or town, appoint, and such political subdivisions are hereby authorized to so appoint, a highway safety committee to coordinate local highway safety efforts. The chairman of such committee shall be responsible for coordinating the local highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(b) If a county, establish a county traffic safety board as authorized by article forty-three of the vehicle and traffic law. The chairman of such board shall be responsible for coordinating the local highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(c) If any combination of a city, town or county having at least one common boundary, appoint, and such political subdivisions are hereby authorized to so appoint, a regional highway safety committee to coordinate regional highway safety efforts. Such committee shall consist of at least one member from each participating city, town or county. The chairman of such committee shall be responsible for coordinating the regional highway safety program with the state program in the manner required by the rules and regulations of the governor or his designee.
(d) Submit to the governor or his designee a local highway safety program in accordance with and meeting the standards established by rules and regulations promulgated pursuant to subdivision one of this section.
(e) Submit to the governor or his designee such other information as may be required to carry out the purposes of this article.
§ 334. Federal aid. 1. The department of taxation and finance shall accept and receive any and all grants of money awarded to the state and its political subdivisions under the federal highway safety act of nineteen hundred sixty-six, and acts amendatory or supplemental thereto. All monies so received shall be deposited by the department of taxation and finance in a special fund or funds and shall be used exclusively for establishing and administering highway safety programs pursuant to the provisions of this article. Such money shall be paid from said fund or funds upon audit and warrant of the comptroller on vouchers of or certification by the governor or his designee.
2. At least forty per cent of the federal funds so received shall be allocated and paid to those political subdivisions which have established approved local highway safety programs. In determining the allocation of such amount among such political subdivisions, the governor or his designee shall consider the following factors:
(a) the relative populations of such political subdivisions;
(b) the total costs of the local highway safety programs;
(c) the amount of state aid and other funds received by such political subdivisions for highway safety purposes; and
(d) the safety value of any special highway safety projects conducted by such political subdivisions.
3. The federal funds remaining after the allocations and payments have been made pursuant to subdivision two of this section shall be utilized for such highway safety purposes as the governor or his designee shall deem appropriate.
ARTICLE 19-A DELINQUENCY AND YOUTH CRIME PREVENTION
Section 411. Purpose of article.
412. Definitions.
419. Rules and regulations.
420. State aid.
421. Withholding state aid.
422. Youth bureaus.
423. Grants; raising and paying over of local funds.
424. Report and recommendations.
425. Interpretation.
426. Constitutionality.
§ 411. Purpose of article. The purpose of this article is to put into effect those measures most suitable to supplement and aid in coordinating the work of existing religious and social institutions for the prevention of delinquency and youth crime, and the advancement of the moral, physical, mental and social well-being of the youth of this state, and to encourage the municipalities of this state to undertake increased activities in this field by assistance and financial aid as provided in this article.
§ 412. Definitions. As used in this article,
1. "Office" shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven.
2. "Commissioner" shall mean the commissioner of children and family services, designated as the head of the office of children and family services by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven.
3. "Youth" shall mean any person under twenty-one years of age.
4. "Municipality" shall mean a county, or a city having a population of one million or more.
5. "Youth development program" shall mean a local program designed to accomplish the broad purposes of this article subject to the rules and regulations of the office; provided however, the term "youth development program" shall not include approved runaway programs or transitional independent living support programs as such terms are defined in section five hundred thirty-two-a of this chapter.
6. "State aid" shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article.
7. "Youth board" shall mean the citizen board of a youth bureau.
8. "Municipal youth bureau" shall mean either:
a. In a city having a population of one million or more, the New York City department of youth and community development, or a successor entity;
b. A youth bureau that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular county; or
c. A youth bureau that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout two or more particular counties, in accordance with subdivision five of section four hundred twenty-two of this article.
9. "Local youth bureau" shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city.
§ 419. Rules and regulations. The office may adopt, amend or rescind all rules and regulations necessary to carry out the provisions of this article, including the objective that state aid hereunder shall be granted uniformly throughout the state, having regard for varying conditions and needs in different parts of the state.
§ 420. State aid. 1. a. (1) Each municipality operating a youth development program approved by the office of children and family services shall be eligible for one hundred percent state reimbursement of its qualified expenditures, subject to available appropriations and exclusive of any federal funds made available therefor, not to exceed the municipality's distribution of state aid under this article.
(2) The state aid appropriated for youth development programs shall be distributed by the office of children and family services to eligible municipalities that have an approved comprehensive plan pursuant to subparagraph two of paragraph c of this subdivision. Such state aid shall be limited to the funds specifically appropriated therefor and shall be based on factors that shall include the number of youth under the age of twenty-one residing in the municipality as shown by the last published federal census certified in the same manner as provided by section fifty-four of the state finance law and may include, but not be limited to, the percentage of youth living in poverty within the municipality or such other factors as provided for in the regulations of the office.
(3) The office shall not reimburse any claims under this section unless they are submitted within twelve months of the calendar quarter in which the expenditure was made. The office may require that such claims be submitted to the office electronically in the manner and format required by the office.
(4) A comprehensive plan developed in accordance with paragraph c of this subdivision may provide for the funding of local youth bureaus that have been approved in accordance with section four hundred twenty-two of this article and municipal youth bureaus. Provided however, that an approved local youth bureau that is not providing, operating, administering or monitoring youth development programs shall not receive funding pursuant to this subdivision. Provided, further that up to fifteen percent of the youth development funds that a municipality determines will be provided to a local youth bureau in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision may be used for administrative functions performed by such local youth bureau.
(5) If a municipality does not allocate youth development funding pursuant to the information contained within the municipality's comprehensive plan in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision, the office may authorize or require the comptroller to withhold the payment of state aid to such municipality in accordance with section four hundred twenty-one of this article.
b. Youth development programs shall provide community-level services designed to promote positive youth development. Such programs may include, but not be limited to: programs that promote physical and emotional wellness, educational achievement or civic, family and community engagement; family support services; services to prevent juvenile delinquency, child abuse and neglect; services to avert family crises; and services to assist youth in need of crisis intervention or respite services. Subject to the regulations of the office, a municipality may enter into contracts to effectuate its youth development program established and approved as provided in this article.
c. Each municipality shall develop, in consultation with the applicable municipal youth bureau, a comprehensive plan to offer youth development programs. Such comprehensive plan shall be subject to the approval of the office of children and family services in accordance with subparagraph two of this paragraph and shall be submitted by each municipality in a manner and at such times and for such periods as the office of children and family services shall determine.
(1) Such comprehensive plan shall:
(i) describe the need in the municipality for youth development programs, and specify, at minimum, how the municipality will address the need for youth development in villages, towns and cities which have a youth population of twenty thousand or more persons;
(ii) detail how the municipality will allocate the funding it receives pursuant to this subdivision, including an accounting of all of the eligible entities within such municipality that will receive funding under this subdivision, the youth development services that such entities will provide, and the amount of funding that each entity will receive;
(iii) specify how the municipality will measure performance outcomes for such services and programs covered under the plan;
(iv) specify the projected performance outcomes for services and programs covered under the plan, including projected positive outcomes for youth who participate in the services and programs; and
(v) provide information on the performance outcomes of services provided under the municipality's most recent plan approved pursuant to this subdivision, including outcome based measures that demonstrate the quality of services provided and program effectiveness of programs funded under such plan.
(2) The office of children and family services may approve all or part of a municipality's comprehensive plan. If the office does not approve a municipality's comprehensive plan, such municipality shall have sixty days from receipt of the notification of disapproval to submit a revised plan.
(3) If the municipality is seeking state aid to provide services for runaway and homeless youth, as defined in article nineteen-H of this chapter, the runaway and homeless youth plan, as required by subdivision two of this section, shall be submitted as part of the comprehensive plan that is required pursuant to this paragraph; provided however, that state aid to provide services for runaway and homeless youth services shall be from, and limited to, funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in this subdivision.
2. Runaway and homeless youth plan; state aid.
a. (1) A municipality may submit to the office of children and family services a plan for the providing of services for runaway and homeless youth, as defined in article nineteen-H of this chapter. Where such municipality is receiving state aid pursuant to paragraph a of subdivision one of this section, such runaway and homeless youth plan shall be submitted as part of the comprehensive plan and shall be consistent with the goals and objectives therein.
(2) A runaway and homeless youth plan shall be developed in consultation with the municipal youth bureau and the county or city department of social services, shall be in accordance with the regulations of the office of children and family services, shall provide for a coordinated range of services for runaway and homeless youth and their families including preventive, temporary shelter, transportation, counseling, and other necessary assistance, and shall provide for the coordination of all available county resources for runaway and homeless youth and their families including services available through the municipal youth bureau, the county or city department of social services, local boards of education, local drug and alcohol programs and organizations or programs which have past experience dealing with runaway and homeless youth.
(3) In its plan a municipality may:
(i) include provisions for transitional independent living support programs and runaway and homeless youth crisis services programs as provided in article nineteen-H of this chapter;
(ii) authorize services under article nineteen-H of this chapter to be provided to homeless young adults, as such term is defined in section five hundred thirty-two-a of this chapter;
(iii) authorize runaway and homeless youth to be served in accordance with any of the following provisions of this chapter:
(A) paragraphs (a) and (b) of subdivision two of section five hundred thirty-two-b;
(B) paragraph (b) of subdivision one of section five hundred thirty-two-d;
(C) paragraph (c) of subdivision two of section five hundred thirty-two-b;
(D) paragraph (c) of subdivision one of section five hundred thirty-two-d;
(E) to allow a youth under the age of sixteen to be served in a transitional independent living support program pursuant to subparagraph (ii) of paragraph (a) of subdivision one of section five hundred thirty-two-d; and
(iv) if a municipality provides shelter in accordance with items (C), (D) and (E) of clause (iii) of this subparagraph, then such municipality shall, within sixty days, notify the office of children and family services in writing of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. If the office determines that such shelter was inappropriate, the office may instruct the program on how to seek a more suitable alternative living arrangement.
(4) Such plan shall also provide for the designation and duties of the runaway and homeless youth service coordinator defined in section five hundred thirty-two-a of this chapter who is available on a twenty-four hour basis and maintains information concerning available shelter space, transportation and services.
(5) Such plan may include provision for the per diem reimbursement for residential care of runaway and homeless youth in certified residential runaway and homeless youth programs which are authorized agencies.
a-1. Each municipality that does not submit a runaway and homeless youth plan in accordance with paragraph a of this subdivision, shall include within their comprehensive plan submitted pursuant to subdivision one of this section, an assessment of the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services. Provided however, that state aid to provide for runaway and homeless youth services shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in subdivision one of this section.
b. Each municipality shall submit to the office of children and family services such additional information as the office shall require, including but not limited to:
(1) A description of the current runaway and homeless population including their age, place of origin, family status, service needs and eventual disposition;
(2) A description of the public and private resources available to serve runaway and homeless youth within the municipality;
(3) A description of new services to be provided and current services to be expanded.
c. The office of children and family services shall review such plan in accordance with subparagraph two of paragraph c of subdivision one of this section and may approve or disapprove such plan or any part, program, or project within such plan, and may propose such modifications and conditions as deemed appropriate and necessary.
d. (1) Municipalities having an approved runaway and homeless youth plan pursuant to this subdivision shall be entitled to reimbursement by the state for sixty percent of the entire amount of the expenditures for programs contained in such plan as approved by the office of children and family services, after first deducting therefrom any federal or other state funds received or to be received on account thereof. All reimbursement pursuant to this subdivision shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set in subdivision one of this section. A municipality's share of the cost of such programs may be met in part by donated private funds or in-kind services, as defined by the office, provided that such private funding or receipt of services shall not in the aggregate be more than fifty percent of such municipality's share.
(2) Notwithstanding any inconsistent provision of law and subject to funds appropriated separately therefor, a municipality having an approved runaway and homeless youth plan which includes provisions for transitional independent living support programs shall be entitled to reimbursement by the state for sixty percent of the entire amount of the approved expenditures for transitional independent living support programs contained in the plan as approved by the office of children and family services. The municipality's share of the cost of such programs may be met by donated private funds or in-kind services, as defined by the office, provided that such receipt of in-kind services shall not in the aggregate be more than fifty percent of such municipality's share.
3. For the purpose of reimbursement by the state, administrative expenses shall include compensation for personal services paid by a municipality, to any employee for the purpose of administering the benefits provided by this article. No state reimbursement shall be made, however, for such compensation paid to any employee who lacks the qualifications necessary for the work or who, after a trial period, is considered by the commissioner unable to do satisfactory work.
4. Moneys appropriated for use of the commissioner shall be paid out of the state treasury on the certificate of the commissioner or of an officer of the office designated by the commissioner, after audit by and upon the warrant of the comptroller.
5. a. Notwithstanding any other provision of law, the office of children and family services shall plan for the statewide implementation by the thirty-first day of December, two thousand eight, of a county child and family services plan that combines the comprehensive plan required by this section and the multi-year consolidated services plan required by section thirty-four-a of the social services law into a single plan.
b. All counties shall implement a county child and family services plan prior to or for the two thousand eight plan year in accordance with a schedule developed by the office of children and family services and shall continue to implement such a plan thereafter. With the approval of such office, a county may implement a child and family services plan before the date required by such schedule.
c. The office of children and family services may waive any regulatory requirements relating to the content and timing of comprehensive plans that may impede the ability of a county to implement a county child and family services plan.
d. Nothing in this subdivision shall be deemed to affect county planning requirements under the mental hygiene law.
§ 421. Withholding state aid. The office may authorize or require the comptroller to withhold the payment of state aid to any municipality in the event such municipality alters or discontinues without the approval of the office the operation of a plan approved by the office, or fails to adopt or change a plan as recommended by the office, or fails to comply with rules or regulations established by the office, or fails to enforce in a manner satisfactory to the office, laws now in effect or hereafter adopted that relate in any manner to the protection and welfare of youth.
§ 422. Youth bureaus. 1. a. Any city, town or village desiring to establish a local youth bureau may apply to the municipality which such city, town or village is located within, for approval of its plans. The application shall be in writing, specifying the nature of the program, and shall contain such information as the municipality shall require.
b. All local youth bureaus approved by the office of children and family services on or before April first, two thousand thirteen shall be deemed approved local youth bureaus for the purpose of this article.
2. No application for the approval of a local youth bureau shall be considered by the municipality that has not been first approved by the governing body of the city, town or village making the application.
3. The municipality may approve or disapprove the proposed local youth bureau.
4. The approval of a local youth bureau shall authorize the city, town or village to establish, operate and maintain the program and will allow the municipality to distribute to such local youth bureau, state aid received in accordance with subdivision one of section four hundred twenty of this article.
5. Two or more municipalities may join together to establish, operate and maintain a municipal youth bureau and may make and perform agreements in connection therewith. Such agreements shall include provisions for the proportionate cost to be borne by each municipality and for the manner of employment of personnel and may provide that a fiscal officer of one such municipality shall be the custodian of the moneys made available for expenditure for such purposes by all such municipalities and that such fiscal officer may make payments therefrom upon audit of the appropriate auditing body or officer of his or her municipality. In making claims for state aid pursuant to subdivision one of section four hundred twenty of this article, each such municipality shall claim for its proportionate share of the total joint expenditures so made. However, where it is provided that there shall be a disbursing municipality, such disbursing municipality shall claim for the total joint program expenditures so made and shall disburse such state aid to each participating municipality based upon the proportionate share of expenditures so made.
6. Notwithstanding any provision of law, rule or regulation to the contrary, no municipal youth bureau serving one or more municipalities with a total youth population of twenty-five thousand or less shall be required under this article, or for purposes of receiving state aid hereunder, to employ a full time executive director for their respective proposed or approved youth programs, as the case may be.
§ 423. Grants; raising and paying over of local funds. 1. The office, with the approval of the governor, may accept as agent of the state any gift or grant for any of the purposes of this article. Any moneys so received may be expended by the office to effectuate any of the purposes of this article, subject to the same limitations as to approval of project, approval of expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article.
2. A board of education, board of trustees or trustee of a school district may raise, appropriate and pay over to a municipality in which it is in whole or in part located moneys to be expended by such municipality for any purpose authorized by this article. Such a municipality may accept and expend moneys so received only for such purpose. Moneys so appropriated and paid over by a school district shall not be included in computing the amount that should be apportioned to such school district pursuant to article seventy-three of the education law.
§ 424. Report and recommendations. The office shall make an annual report to the governor and legislature which shall include its recommendations and program with respect to the provisions of this article.
§ 425. Interpretation. This article shall be liberally construed in order to effectuate its purpose.
§ 426. Constitutionality. If any clause, sentence, paragraph, section or part of this article shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or section or part thereof directly involved in controversy in which such judgment shall have been rendered.
ARTICLE 19-B STATE BINGO CONTROL COMMISSION
Section 430. Short title.
431. Purpose of article.
432. Definitions.
434. Utilization of other agency assistance.
435. Powers and duties of the commission.
436. Hearings; immunity.
437. Place of investigations and hearings; witnesses; books and documents.
438. Privilege against self-incrimination.
439. Filing and availability of rules and regulations.
439-a. Municipality to file copies of local laws and ordinances; reports.
§ 430. Short title. This article shall be known and may be cited as the bingo control law.
§ 431. Purpose of article. The purpose of this article is to implement section nine of article one of the state constitution, as amended by vote of the people at the general election in November, nineteen hundred fifty-seven. The legislature hereby declares that the raising of funds for the promotion of bona fide charitable, educational, scientific, health, religious, civic and patriotic causes and undertakings, where the beneficiaries are indefinite, is in the public interest. It hereby finds that, as conducted prior to the enactment of this article, bingo was the subject of exploitation by professional gamblers, promoters, and commercial interests. It is hereby declared to be the policy of the legislature that all phases of the supervision, licensing and the regulation of bingo and of the conduct of bingo games, should be closely controlled and that the laws and regulations pertaining thereto should be strictly construed and rigidly enforced; that the conduct of the game and all attendant activities should be so regulated and adequate controls so instituted as to discourage commercialization in all its forms, including the rental of commercial premises for bingo games, and to ensure a maximum availability of the net proceeds of bingo exclusively for application to the worthy causes and undertakings specified herein; that the only justification for this article is to foster and support such worthy causes and undertakings, and that the mandate of section nine of article one of the state constitution, as amended, should be carried out by rigid regulation to prevent commercialized gambling, prevent participation by criminal and other undesirable elements and prevent the diversion of funds from the purposes herein authorized.
§ 432. Definitions. As used in this article, the following terms shall have the following meanings:
1. "Control commission" or "commission" shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law.
2. "Municipality" shall mean any city, town or village within this state.
3. "Bingo" or "game" shall mean a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
4. "Authorized organization" shall mean any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have as its dominant purpose or purposes one or more of the lawful purposes as defined in the bingo licensing law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in the bingo licensing law, article fourteen-H of the general municipal law, for a period of one year immediately prior to applying for a license under the licensing law.
5. "Bingo licensing law" shall mean article fourteen-h of the general municipal law.
§ 434. Utilization of other agency assistance. To effectuate the purposes of this article, the governor may authorize any department, division, board, bureau, commission or agency of the state or of or in any political subdivision thereof to provide such facilities, assistance and data as will enable the commission properly to carry out its activities and effectuate its purposes hereunder.
§ 435. Powers and duties of the commission. 1. The commission shall have the power and it shall be its duty to:
(a) Supervise the administration of the bingo licensing law and adopt, amend and repeal rules and regulations governing the issuance and amendment of licenses thereunder and the conducting of games under such licenses, which rules and regulations shall have the force and effect of law and shall be binding upon all municipalities issuing licenses, and upon licensees thereunder and licensees of the commission, to the end that such licenses shall be issued to qualified licensees only and that said games shall be fairly and properly conducted for the purposes and in the manner in the said bingo licensing law prescribed and to prevent the games thereby authorized to be conducted from being conducted for commercial purposes or purposes other than those therein authorized, participated in by criminal or other undesirable elements and the funds derived from the games being diverted from the purposes authorized, and, to provide uniformity in the administration of said law throughout the state, the commission shall prescribe forms of application for licenses, licenses, amendment of licenses, reports of the conduct of games and other matters incident to the administration of such law;
(b) Conduct, anywhere within the state, investigations of the administration, enforcement and potential or actual violations of the bingo licensing law and of the rules and regulations of the commission;
(c) Review all determinations and actions of the municipal governing body in issuing an initial license, and it may review the issuance of subsequent licenses and, after hearing, revoke those licenses which do not in all respects meet the requirements of this article, article fourteen-h of the general municipal law and the rules and regulations of the commission;
(d) Suspend or revoke a license, after hearing, for any violation of the provisions of this article, article fourteen-h of the general municipal law or the rules and regulations of the commission;
(e) Hear appeals from the determinations and action of the municipal governing body in connection with the refusing to issue licenses, the suspension and revocation of licenses and the imposition of fines in the manner prescribed by law and the action and determination of the commission upon any such appeal shall be binding upon the municipal governing body and all parties thereto;
(f) Initiate prosecutions for violations of this article and of the bingo licensing law;
(g) Carry on continuous study of the operation of the bingo licensing law to ascertain from time to time defects therein jeopardizing or threatening to jeopardize the purposes of this article, and to formulate and recommend changes in such law and in other laws of the state which the commission may determine to be necessary for the realization of such purposes, and to the same end to make a continuous study of the operation and administration of similar laws which may be in effect in other states of the United States.
(h) Supervise the disposition of all funds derived from the conduct of bingo by authorized organizations not currently licensed to conduct such games;
(i) Issue an identification number to an applicant authorized organization if it shall determine that the applicant satisfies the requirements of the bingo licensing law and the rules and regulations.
2. (a) The commission shall have the power to issue or, after hearing, refuse to issue a license permitting a person, firm or corporation to sell or distribute to any other person, firm or corporation engaged in business as a wholesaler, jobber, distributor or retailer of all cards, boards, sheets, pads and all other supplies, devices and equipment designed for use in the play of bingo by an organization duly licensed to conduct bingo games or to sell or distribute any such materials directly to such an organization. For the purposes of this section the words "sell or distribute" shall include, but shall not be limited to, the following activities; offering for sale, receiving, handling, maintaining, storing the same on behalf of such an organization, distributing or providing the same to such an organization, and offering for sale or lease bingo devices and equipment. Each such license shall be valid for one year.
(b) No person, firm or corporation, other than an organization that is or has been during the preceding twelve months duly licensed to conduct bingo games, shall sell or distribute bingo supplies or equipment without having first obtained a license therefor upon a written or electronic application made, verified and filed with the commission in the form prescribed by the rules and regulations of the commission. As a part of its determination concerning the applicant's suitability for licensing as a bingo supplier, the commission shall require the applicant to furnish to such board two sets of fingerprints. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the education law, and may be submitted to the federal bureau of investigation for a national criminal history record check. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale or distribution of bingo supplies and equipment to duly licensed organizations during the last preceding calendar or fiscal year, and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be a sum equal to twenty-five dollars plus an amount based upon the gross sales, if any, of bingo equipment and supplies to authorized organizations by the applicant during the preceding calendar year, or fiscal year if the applicant maintains his or her accounts on a fiscal year basis, and determined in accordance with the following schedule:
gross sales of $1,000 to $4,999................$10.00
gross sales of $5,000 to $19,999...............$50.00
gross sales of $20,000 to $49,999.............$200.00
gross sales of $50,000 to $100,000............$500.00
gross sales in excess of $100,000...........$1,000.00
(c) The following shall be ineligible for such a license:
(1) a person convicted of a crime if there is a direct relationship between one or more of the previous criminal offenses and the integrity and safety of bingo, considering the factors set forth in article twenty-three-A of the correction law;
(2) a person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;
(3) a public officer or employee;
(4) an operator or proprietor of a commercial hall duly licensed under the bingo licensing law;
(5) a firm or corporation in which a person defined in clause (1), (2), (3) or (4) of this paragraph, or a person married or related in the first degree to such a person, has greater than a ten percent proprietary, equitable or credit interest or in which such a person is active or employed.
(d) The control commission shall have power to examine or cause to be examined the books and records of any applicant for a license, or any licensee, under this section. Any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this article and article fourteen-h of the general municipal law.
(e) Any solicitation of an organization licensed to conduct bingo games, to purchase or induce the purchase of bingo supplies and equipment, or any representation, statement or inquiry designed or reasonably tending to influence such an organization to purchase the same, other than by a person licensed or otherwise authorized pursuant to this section shall constitute a violation of this section.
(f) Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this article or who willfully shall violate any of the provisions of this section or of any license issued hereunder shall be guilty of a misdemeanor and, in addition to the penalties in such case made and provided, shall forfeit any license issued to him or it under this section and be ineligible to apply for a license under this section for one year thereafter.
(g) At the end of the license period, a recapitulation shall be made as between the licensee and the commission in respect of the gross sales actually recorded during the license period and the fee paid therefor, and any deficiency of fee thereby shown to be due shall be paid by the licensee and any excess of fee thereby shown to have been paid shall be credited to said licensee in such manner as the commission by the rules and regulations shall prescribe.
3. The commission shall have the power to approve and establish a standard set of bingo cards comprising a consecutively numbered series and shall by its rules and regulations prescribe the manner in which such cards are to be reproduced and distributed to licensed authorized organizations. The sale or distribution to a licensed authorized organization of any card or cards other than those contained in the standard set of bingo cards shall constitute a violation of this section. Licensed authorized organizations shall not be required to use nor to maintain such cards seriatim excepting that the same may be required in the conduct of limited period bingo games.
§ 436. Hearings; immunity. 1. A hearing upon any investigation or review authorized by this article or by article fourteen-h of the general municipal law may be conducted by two or more members of the commission or by a hearing officer duly designated by the commission, as the commission shall determine.
2. A person who has violated any provision of this article or article fourteen-h of the general municipal law, or of the rules and regulations of the commission, or any term of any license issued under said articles or said rules and regulations, is a competent witness against another person so charged. In any hearing upon any investigation or review authorized by this article or article fourteen-h of the general municipal law, for or relating to a violation of any provision of said articles or of the rules and regulations of the commission or of the term of any such license, the commission, may confer immunity upon such witness in accordance with the provisions of section 50.20 of the criminal procedure law. Such immunity shall be conferred only upon the vote of at least three members of the commission, and only after affording the attorney general and the appropriate district attorney a reasonable opportunity to be heard with respect to any objections which they or either of them may have to the granting of such immunity.
§ 437. Place of investigations and hearings; witnesses; books and documents. The commission may conduct investigations and hearings within or without the state and shall have power to compel the attendance of witnesses, the production of books, records, documents and other evidence by the issuance of a subpoena signed by a member of the commission.
§ 438. Privilege against self-incrimination. The willful refusal to answer a material question or the assertion of privilege against self-incrimination during a hearing upon any investigation or review authorized by this article or by article fourteen-h of the general municipal law by any licensee or any person identified with any licensee as an officer, director, stockholder, partner, member, employee or agent thereof shall constitute sufficient cause for the revocation or suspension of any license issued under this article or under the licensing law, as the commission or as the municipal governing body may determine.
§ 439. Filing and availability of rules and regulations. A copy of every rule and regulation adopted and promulgated by the commission shall be filed in the office of the secretary of state before it shall become effective and copies thereof shall be made available to the various municipalities operating under the bingo licensing law.
§ 439-a. Municipality to file copies of local laws and ordinances; reports. Each municipality in which the bingo licensing law shall be adopted shall file with the commission a copy of each local law or ordinance enacted pursuant thereto within ten days after the same has been approved by a majority of the electors voting on a proposition submitted at a general or special election, or within ten days after the same has been amended or repealed by the common council or other local legislative body, and on or before February first of each year, and at any other time or times which the commission may determine, make a report to the commission of the number of licenses issued therein under the bingo licensing law, the names and addresses of the licensees, the aggregate amount of license fees collected, the names and addresses of all persons detected of violating the bingo licensing law, this law or the rules and regulations adopted by the commission pursuant hereto, and of all persons prosecuted for such violations and the result of each such prosecution, the penalties imposed therein during the preceding calendar year, or the period for which the report is required, which report may contain any recommendations for improvement of the bingo licensing law or the administration thereof which the governing body of the municipality shall deem to be desirable.
ARTICLE 19-F RURAL AFFAIRS ACT
Section 480. Declaration of purpose.
481. Definitions.
482. State office of rural affairs.
483. General functions, powers and duties.
484. Assistance of other state agencies.
485. Functions, powers and duties of other departments and state agencies.
486. Comprehensive grant information.
487. Implementation of services.
488. Participation of federal and local agencies, individuals and corporations.
489. Temporary assignment or permanent transfer of personnel.
490. Reports to the governor and the legislature.
491. Contract authority.
§ 480. Declaration of purpose. The legislature finds and determines that:
1. The public perception of the state's rural regions has been characterized by inaccurate awareness or understanding; therefore many existing laws, regulations, policies and programs have not completely addressed the real needs of people living within the state's rural environs.
2. The state's rural territory is vast in size, exceptionally diverse, possesses abundant natural and cultural resources, and, together with its economic, human and community resources, contributes greatly to the quality and maintenance of life of all people of the state, and hence to a healthier, more prosperous state.
3. The state's rural areas are decentralized and unique; their enhancement and protection require special attention in order to effectively address distinct rural conditions, needs, and strengths.
4. Improvement in the well-being of individuals and families in the state's rural areas has, in many instances, been unbalanced, and characterized by a growing inequality or relative deprivation. Additionally, such indispensable community needs as transportation; housing; public facilities; business and industry; education and culture; governmental and environmental management; health and human services; require further study and state action if proper responses to unique rural needs are to be developed.
5. The state has demonstrated sensitivity to the needs of rural localities and has attempted to preserve the viability and quality of life in rural areas. Such commitments to rural preservation and development have to be continued and broadened to encompass a wide range of rural endeavors.
6. Federal, state, and local resources and individual effort available to address rural needs are often isolated and limited to individual symptoms of blight and deterioration. Related programs are frequently inaccessible to rural residents they are designed to serve. The placement of such programs within the various organizational structures is indistinct and many rural localities have inadequate numbers of managerial, professional or technical personnel to pursue such assistance. Additionally, many public and private agencies also lack adequate staffing to adapt programs and services to the special needs and requirements of rural citizens and their environs. This situation has contributed to a growing confusion and disintegrating force that discourages coordinated individual policy and program development and delivery of services intended to address the needs of rural localities and citizens. Consequently, the energies and resources of the many individual federal, state, and local, and public and private initiatives that could help answer rural needs and capitalize on the strengths of rural areas, are often frustrated or diminished in their effect.
7. An important role and challenge for state government, therefore, is to get diverse groups to work together for the betterment of rural New York, and to combine their efforts in imaginative ways to the end that all regions of the state may always offer the highest possible quality of life, cultural and material standards of living, without sacrificing individual freedom or responsibility. The legislature believes that such individual efforts can be significantly enhanced, and support and sustain each other in the public interest; and many useful and innovative responses to rural needs will be possible, if a more focused and coordinated interdisciplinary approach for addressing rural problems and opportunities is made available through state government.
8. The development of proper responses to rural needs, including the capability to anticipate and respond to individual needs on a broad scale, would also be promoted if a more sharply defined rural affairs avenue within state government was made available to policymakers. Specifically, the legislature seeks to amplify the efforts of existing agencies and individuals who are interested in such rural policy areas as human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing, and community revitalization; local government and management.
9. No permanent state agency has been specifically created, empowered and funded to promote, harmonize or assist such efforts of existing agencies and individuals that address the unique needs, conditions, and strengths of rural areas of the state. It is, therefore, the intent of the legislature to create a state office of rural affairs. The agency shall serve as a one-stop contact point for rural governments, service providers, state and federal agencies, and for individuals interested in rural policies and programs of the state; and strive to promote cooperative and integrated efforts among such agencies and programs that are designed to address rural needs; and shall recommend to the governor and the legislature the suitable use of policies, programs, long-range plans, laws and regulatory mechanisms in order to meet such needs.
§ 481. Definitions. When used in this article:
1. "Office" means the state office of rural affairs created by this article.
2. "Director" means the chief administrative officer of the state office of rural affairs.
3. "State agency" means any department, office, council, or agency of the state, or any public benefit corporation or authority authorized by the laws of the state.
4. "Federal agency" means any department, office, council, or agency of the federal government, or any public benefit corporation or authority authorized by federal statute.
5. "Local agency" means any municipality, or office or department thereof or not-for-profit organization created for the purposes of enhancing the quality of life and revitalization of rural areas.
6. "Municipality" means any county, city, town, village, or school district.
7. "Rural areas" means counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, "rural areas" means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein.
8. "Rural development and revitalization" shall mean those policies, programs, laws, regulations, or other matters having to do with rural areas including, but not limited to, human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing; and local government services and management.
§ 482. State office of rural affairs. 1. There is hereby created in the executive department an office of rural affairs. The head of the office shall be the director of rural affairs who shall be appointed by the governor, with the advice and consent of the senate, and who shall hold office at the pleasure of the governor. The director shall receive an annual salary to be fixed by the governor within the amount available therefor by appropriation. He shall also be entitled to receive reimbursement for expenses actually and necessarily incurred by him in the performance of his duties. The director may appoint such officers and employees, agents, consultants, and special committees as he or she may deem necessary, prescribe their duties, fix their compensation and provide for reimbursement of their expenses within amounts available therefor by appropriation.
2. The director shall prepare and submit annually, on or before February first, a comprehensive report, pursuant to section four hundred ninety of this article.
3. The governor shall direct that all state agencies provide the director with assistance in advancing the purpose of the office and to assure that the activities of the office are fully coordinated with the activities of state agencies providing related services.
§ 483. General functions, powers and duties. The state office of rural affairs by and through the director or his duly authorized officers and employees, shall have the following functions, powers and duties:
1. To serve as a clearinghouse and provide comprehensive information relating to rural development and revitalization upon request to any agency, individual or corporation.
2. To advise and assist agencies, individuals and corporations in answering particular rural revitalization and development needs; including cooperative efforts among such agencies, individuals, and corporations to solve common problems or provide services in rural areas.
3. To receive notification from all state and federal agencies, individuals or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures. The office shall maintain a listing of existing programs and advise local agencies, individuals or corporations of their existence.
4. To assist, upon request, applicant local agencies, individuals or corporations located in rural areas in obtaining timely and efficient responses from state and federal agencies; to assist such applicants in consideration of alternative program grant strategies; to assist state and federal agencies in cooperative approaches to address the needs of such applicants; and to provide technical assistance to agencies in formulating and implementing rural development and revitalization programs.
5. To review application procedures formulated by state agencies and to recommend improvements designed to increase the cost-effectiveness of such procedures for rural revitalization and development efforts; and to enhance the probability such procedures will benefit rural areas.
6. To encourage the assistance of the private sector in effectuating rural development and revitalization.
7. To provide legal consultation concerning local government matters to officials of municipalities located in rural areas on a wide range of problems and programs, including the exercise of home rule powers, reapportionment of local legislative bodies, drafting and revising of local laws including charters, and drafting and implementing of municipal cooperation agreements. All such assistance shall be advisory in nature, and shall not include the actual drafting of final legal documents or the provision of actual legal representation.
8. To assist the governor and the legislature in the integration and formulation of state rural development and revitalization policy and long-range plans for rural areas and in answering needs related thereto.
9. To facilitate efforts of local agencies, individuals and corporations in developing cooperative responses to rural needs. Personnel of the office shall be available to participate in an advisory capacity at local meetings exploring such cooperative agreements; and shall assist in the identification of appropriate state agencies and personnel who may be instrumental in facilitating such efforts.
10. To provide legal advice and assistance concerning rural development and revitalization matters to officials of the executive department and the legislature; and to analyze and make recommendations concerning proposed new state legislation or programs that may affect rural areas.
11. To apply for and receive, consistent with appropriation, notification, and approval requirements of the state finance law, grants or financial assistance from the federal government or other approved agencies, individuals or corporations.
12. To adopt such rules and regulations, procedures, instructions, and forms as are required to carry out the functions, powers and duties imposed upon the office by this article.
13. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with local rural agencies, individuals and corporations in order to provide more effective service to them and to simplify state procedures relating thereto.
14. To keep the governor informed about the problems and needs of agencies, individuals and corporations that are involved with rural development and revitalization; and to assist in formulating policies with respect thereto and utilizing the resources of the executive branch of the state government for the benefit of rural areas.
15. To refer local agencies, individuals and corporations to the appropriate departments and agencies of the state and federal governments for advice, assistance, and available services in connection with particular rural development and revitalization problems or needs.
16. To develop pilot programs or projects and make studies and analyses of the problems or needs of rural areas and to make the results thereof available for the benefit of such agencies as the director may deem appropriate.
17. To encourage the expansion and improvement of in-service training opportunities and to make information available to officials of local agencies in rural areas on matters pertaining to rural development and revitalization.
18. To consult with and cooperate with agencies and officers, organizations, groups, and individuals representing rural areas or doing rural development and revitalization in such manner as the director may determine will effectively carry out the functions, powers, and duties of the office.
19. To do all things necessary or convenient to carry out the functions, powers, and duties expressly set forth in this section.
§ 484. Assistance of other state agencies. To effectuate the purposes of this article, the director may request and shall be entitled to receive from any state agency, and the same are authorized to provide, such assistance, service, facilities, and data as will enable the office to carry out its functions, powers and duties, and such temporarily or permanently assigned personnel as the director of the budget may approve.
§ 485. Functions, powers and duties of other departments and state agencies. Nothing contained in this article shall be deemed to derogate or detract in any way from the functions, powers, or duties prescribed by law of any other department of the state or to interrupt or preclude the direct relationship of any such department or agency with local agencies, individuals or corporations for the carrying out of such functions, powers or duties.
§ 486. Comprehensive grant information. 1. The office shall request such specific information as the director determines to be necessary concerning assistance programs and grants administered by federal, state and local agencies, individuals and corporations designed to enhance rural areas. Such information shall be used to advise local agencies, individuals or corporations for the purpose of promoting coordination in program or grant efforts wherever feasible or proper.
2. Any applicant requesting program grants or assistance in order to address rural development and revitalization needs, conditions or strengths in rural areas may, pursuant to the rules of the director, confer with the office to obtain assistance in the prompt and efficient processing and review of applications.
3. The office shall, so far as possible, render such assistance; and the director may designate an officer or employee of the office to act as an expeditor for the purpose of:
(a) Facilitating contacts for the applicant with state, federal, or local agencies, individuals or corporations responsible for processing and reviewing grant applications;
(b) Arranging conferences to clarify the interest and requirements of any such agency, individual or corporation with respect to grant applications;
(c) Considering with the agency, individual or corporation the feasibility of consolidating hearings and data required of the applicant;
(d) Assisting the applicant in the resolution of outstanding issues identified by the agency, individual or corporation, including delays experienced in application review; and
(e) Coordinating federal, state and local grant application review actions and assistance programs to the extent practicable.
§ 487. Implementation of services. 1. Services rendered by this office shall be made available without charge, provided that nothing contained herein shall relieve an applicant of any part of existing fees or charges established for the review and approval of grant applications by agencies, individuals or corporations.
2. Each state agency involved in the administration of a program grant or technical assistance effort designed to address rural development and revitalization needs in rural areas shall designate an officer or employee to act as program liaison officer to cooperate with and assist the office in carrying out the provisions of this article.
§ 488. Participation of federal and local agencies, individuals and corporations. 1. Federal and local agencies, individuals and corporations involved in the administration of a program grant or technical assistance effort for rural development and revitalization, shall be encouraged to participate in the assistance services of the office and to make information available to applicants through the office with respect to any related program, undertaking, project, or activity which is referred to the office under the provisions of this article.
2. The director shall consult with and seek assistance from officials of federal and local agencies or corporations with respect to coordinating assistance programs for rural areas and shall recommend to the governor and the legislature any policies or programs which would facilitate such coordination.
§ 489. Temporary assignment or permanent transfer of personnel. The director, in consultation with the head of the state agency involved and with the approval of the director of the budget, may provide for the temporary or permanent assignment or transfer of officers and employees of state agencies to the office. Employees permanently transferred shall be transferred without further examination or qualification and shall retain their respective civil service classification and status. Any employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. No existing right or benefit, including retirement benefits or remedy of any character, shall be lost, impaired or affected by reason of this article. The director of the budget shall be responsible for timely notification of all such assignments and transfers to the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Transfer of employees pursuant to this article shall be governed solely and exclusively by the provisions hereof notwithstanding other provisions of the law.
§ 490. Reports to the governor and the legislature. The office shall hereafter make an annual report, to be received on or before February first, to the governor and the legislature concerning the assistance activities undertaken by the office, recommendations for legislative proposals, data concerning program activities in rural areas and other pertinent information which, in the opinion of the director, will indicate the activities conducted by the office in the previous year.
§ 491. Contract authority. The office is hereby empowered to enter into any agreement or contract with any private or public agencies, corporations or individuals necessary or convenient to carry out the provisions of this article.
ARTICLE 21-A EMERGENCY SERVICES COUNCIL
Section 580. Emergency services council.
§ 580. Emergency services council. 1. Creation; members. There is hereby created in the department of state an emergency services council, the members of which shall be the directors of the office of fire prevention and control, the bureau of emergency medical services and the state emergency management office, the superintendent of state police, the commissioner of health, the secretary of state, the director of the state office for the aging and the director of state operations who shall be the chairperson unless otherwise appointed by the governor. There shall also be two representatives appointed by the state emergency medical services council, one of whom shall be a representative of volunteer ambulance service and one of whom shall be a representative of proprietary ambulance service; two representatives appointed by the fire advisory board, one of which shall be representative of volunteer fire service and one of which shall be representative of paid fire service; one representative shall be appointed by the disaster preparedness commission; one physician shall be appointed by the state emergency medical advisory committee; one appointment shall be made by the governor; one appointment shall be made by the temporary president of the senate; and one appointment shall be made by the speaker of the assembly.
2. The role of the council shall be advisory. The purposes of the council shall be to develop and coordinate state emergency services, make recommendations on emergency services policy, and eliminate unnecessary duplication of effort in such a way as to ensure the provision of efficient and effective delivery of such services. The council shall adopt a mission statement consistent with the intent of this legislation and which shall affirm the council's commitment to fostering improved communication, coordination and cooperation among law enforcement, fire protection, emergency medical services and disaster preparedness agencies.
3. Powers and duties. The members of the council shall receive no compensation for their services but shall be allowed actual and necessary expenses incurred in the performance of their duties. The council may request and shall receive from any department, board, bureau, commission, office, agency or other instrumentality of the state, such facilities, assistance and data as it deems necessary or desirable for the proper execution of its powers and duties. The council shall meet at least quarterly and report annually no later then September thirtieth of each year. However should the need arise the council may submit incremental reports as deemed necessary. Such reports shall be submitted to the governor, the temporary president of the senate, the chairperson of the senate finance committee, the speaker of the assembly, and the chairperson of the assembly ways and means committee. The council shall have the power to hold public hearings and solicit testimony on any matter it deems relative to carrying out its mission. The council shall have the power to make non-binding recommendations concerning existing and/or future policy, rules and regulations and have the ability to take up for consideration recommendations submitted by either public or private entities. The council may have the ability to advise the governor, legislature, state agencies and entities, and localities on issues relating to and effecting the coordination and enhancement of emergency response, and public health and safety. Nothing in this section shall be deemed to supersede any established authority, duty and power established by local law, state law or regulation, or otherwise granted to any agency, body or entity.
ARTICLE 22 OFFICE OF VICTIM SERVICES
Section 620. Declaration of policy and legislative intent.
621. Definitions.
622. Office of victim services.
623. Powers and duties of the office.
624. Eligibility.
625. Filing of claims.
625-a. Information relative to claims; application forms.
625-b. Standardized victim notification and verification procedures for police officers.
626. Out-of-pocket loss; definition.
627. Determination of claims.
629. Judicial review.
630. Emergency awards.
631. Awards.
631-a. Crime victim service programs.
632. Manner of payment.
632-a. Crime victims.
633. Confidentiality of records.
634. Subrogation.
635. Severability of provisions.
636. Community violence intervention act.
§ 620. Declaration of policy and legislative intent. The legislature recognizes that many innocent persons suffer personal physical injury or death as a result of criminal acts. Such persons or their dependents may thereby suffer disability, incur financial hardships, or become dependent upon public assistance. The legislature finds and determines that there is a need for government financial assistance for such victims of crime. Accordingly, it is the legislature's intent that aid, care and support be provided by the state, as a matter of grace, for such victims of crime.
§ 621. Definitions. For the purposes of this article:
1. "Office" shall mean the office of victim services.
2. "Claimant" shall mean the person filing a claim pursuant to this article.
3. "Crime" shall mean (a) an act committed in New York state which would, if committed by a mentally competent criminally responsible adult, who has no legal exemption or defense, constitute a crime as defined in and proscribed by law; or
(b) an act committed outside the state of New York against a resident of the state of New York which would be compensable had it occurred within the state of New York and which occurred in a state which does not have an eligible crime victim compensation program as such term is defined in the federal victims of crime act of 1984; or
(c) an act of terrorism, as defined in section 2331 of title 18, United States Code, committed outside of the United States against a resident of New York state.
4. "Family", when used with reference to a person, shall mean (a) any person related to such person within the third degree of consanguinity or affinity, (b) any person maintaining a sexual relationship with such person, or (c) any person residing in the same household with such person.
5. "Victim" shall mean (a) a person who suffers personal physical injury as a direct result of a crime; (b) a person who is the victim of either the crime of (1) unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, (2) kidnapping in the second degree as defined in section 135.20 of the penal law, (3) kidnapping in the first degree as defined in section 135.25 of the penal law, (4) menacing in the first degree as defined in section 120.13 of the penal law, (5) criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, (6) harassment in the second degree as defined in section 240.26 of the penal law, (7) harassment in the first degree as defined in section 240.25 of the penal law, (8) aggravated harassment in the second degree as defined in subdivision three or five of section 240.30 of the penal law, (9) aggravated harassment in the first degree as defined in subdivision two of section 240.31 of the penal law, (10) criminal contempt in the first degree as defined in subdivision (b) or subdivision (c) of section 215.51 of the penal law, (11) stalking in the fourth, third, second or first degree as defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, (12) labor trafficking as defined in section 135.35 of the penal law, (13) sex trafficking as defined in section 230.34 of the penal law; or (14) sex trafficking of a child as defined in section 230.34-a of the penal law; a vulnerable elderly person or an incompetent or physically disabled person as defined in section 260.31 of the penal law who incurs a loss of savings as defined in subdivision twenty-four of this section; or a person who has had a frivolous lawsuit filed against them.
6. "Representative" shall mean one who represents or stands in the place of another person, including but not limited to an agent, an assignee, an attorney, a guardian, a committee, a conservator, a partner, a receiver, an administrator, an executor or an heir of another person, or a parent of a minor.
7. "Good samaritan" shall mean a person who, other than a law enforcement officer, acts in good faith (a) to apprehend a person who has committed a crime in his presence or who has in fact committed a felony, (b) to prevent a crime or an attempted crime from occurring, or (c) to aid a law enforcement officer in effecting an arrest.
8. "Essential personal property" shall mean articles of personal property necessary and essential to the health, welfare or safety of the victim.
9. "Elderly victim" shall mean a person sixty years of age or older who suffers loss, or damage as a direct result of a crime.
10. "Disabled victim" shall mean a person who has (a) physical, mental or medical impairment from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.
11. For purposes of this article "child victim" shall mean a person less than eighteen years of age who suffers physical, mental or emotional injury, or loss or damage, as a direct result of a crime or any violation listed in subdivision twelve of section six hundred thirty-one of this article, or as a result of witnessing a crime or any violation listed in subdivision twelve of section six hundred thirty-one of this article.
12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual who committed a crime against the victim of the crime, found to be frivolous, meritless and commenced to harass, intimidate or menace the victim by a court and costs were imposed upon the plaintiff pursuant to section eighty-three hundred three-a of the civil practice law and rules.
13. "Crime scene cleanup" shall mean removing, or attempting to remove from the crime scene, blood, dirt, stains, debris, odors, or other impurities caused by the crime or the processing of the crime scene and the repair or replacement of permanent fixtures and floor coverings, soiled, damaged, or rendered unusable or uncleanable by the crime, the processing of the crime scene, or by being taken into evidence.
14. "Securing a crime scene" shall mean taking immediate, emergency steps to return the residence where the crime occurred to the level of safety present prior to the crime. It shall include, but not be limited to, the repair or replacement of doors, windows, screens and locks or other points of entry damaged or rendered unusable by the crime.
15. "Livery" shall mean a for-hire vehicle duly licensed by the appropriate local licensing authority, designed to carry no more than five passengers for direct cash payment by such passenger and which is affiliated with a livery car base. The term "livery" shall not include a vehicle driven by a "black car operator", as defined in section one hundred sixty-cc of this chapter.
16. "Livery car base" shall mean a central facility, wherever located, that dispatches the livery operator to both pick-up and discharge passengers in the state.
17. "Livery operator" shall mean the registered owner of a livery, or a driver designated by such registered owner to operate the registered owner's livery as the registered owner's authorized designee, whose status as a livery operator victim arose out of and in the course of providing services while affiliated with a livery car base. The term "livery operator" shall not include a "black car operator", as defined in section one hundred sixty-cc of this chapter.
18. "Livery operator victim" shall mean a livery operator homicide victim or a livery operator assault victim.
19. "Livery operator assault victim" shall mean a livery operator who is the victim of a violent felony offense, as defined in subdivision one of section 70.02 of the penal law, which offense directly results in a serious physical injury, as defined in subdivision ten of section 10.00 of the penal law.
20. "Livery operator homicide victim" shall mean a livery operator who is the victim of a homicide, as defined in article one hundred twenty-five of the penal law.
21. "Local licensing authority" shall mean the governmental agency in the state, if any, that is authorized to license a livery and/or a livery car base.
22. "Financial counselling" shall mean financial services provided by an experienced financial counsellor or adviser which may include, but are not limited to: analysis of a victim's financial situation such as income producing capacity and crime related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance and other benefits, assistance in completing the financial aspects of victim impact statements, and assistance in settling estates and handling guardianship matters.
23. "Relocation expenses" shall mean the cost of relocating a crime victim, when relocation is necessary for the health or safety of the victim. An award for relocation expenses of a victim shall include the reasonable cost of moving and transportation expenses for (a) the victim, which may include the relocation expenses of their spouse and any other person dependent for his or her principal support upon the victim or spouse who lives in the same residence as the victim, or (b) if the victim is a child victim eligible for such an award pursuant to this article, the child victim, which may include the relocation expenses of their parent, stepparent, guardian and any other person dependent for his or her principal support upon such parent, stepparent, and guardian who lives in the same residence as the child victim.
24. "Loss of savings" shall mean the result of any act or series of acts of larceny as defined in article one hundred fifty-five of the penal law, indicated by a criminal justice agency as defined in subdivision one of section six hundred thirty-one of this article, in which cash is stolen from a vulnerable elderly person or an incompetent or physically disabled person as defined in section 260.31 of the penal law.
* 25. "Domestic partner" shall mean a person who, with respect to another person:
(a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be a domestic partner including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become a domestic partner under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons.
Each party to a domestic partnership shall be considered to be the domestic partner of the other party. "Domestic partner" shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner" also shall not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood in a manner that would bar marriage in New York state to a person who is the lawful spouse of the other person.
* NB There are 2 sb 25's
* 25. "Employment-related transportation expenses" shall mean the costs in excess of those normally expended by a victim to get to and from their places of employment, due to the personal physical injuries sustained as a direct result of the crime upon which the claim is based. If required by law, such places of employment shall be reported to the appropriate taxing authority. Such costs shall not include the purchase, lease or rental of a vehicle.
* NB There are 2 sb 25's
§ 622. Office of victim services. There is hereby created in the executive department the office of victim services, hereinafter in this article referred to as the "office". The office shall be headed by a director, who shall be appointed by the governor for a term of three years. The director shall coordinate and recommend policy relating to the provision of services to crime victims. The director shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
§ 623. Powers and duties of the office. The office shall have the following powers and duties:
1. To establish and maintain a principal office and such other offices within the state as it may deem necessary.
2. To appoint a secretary, counsel, clerks and such other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
3. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this article, including rules for the determination of claims, rules for the approval of attorneys' fees for representation before the office and/or before the appellate division upon judicial review as provided for in section six hundred twenty-nine of this article, rules for the definition and reasonable reimbursement of individual items of essential personal property considered essential and necessary for the victim's welfare pursuant to section six hundred thirty-one of this article, and rules for the authorization of qualified persons to assist claimants in the preparation of claims for presentation to the office.
4. To request from the division of state police, from county or municipal police departments and agencies and from any other state or municipal department or agency, or public authority, and the same are hereby authorized to provide, such assistance and data as will enable the office to carry out its functions and duties.
5. To hear and determine all claims for awards filed with the office pursuant to this article, and to reinvestigate or reopen cases as necessary.
6. To direct medical examination of victims.
7. To hold hearings, administer oaths or affirmations, examine any person under oath or affirmation and to issue subpoenas requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subdivision may be delegated by the director to any member or employee of the office. A subpoena issued under this subdivision shall be regulated by the civil practice law and rules.
8. To take or cause to be taken affidavits or depositions within or without the state.
9. To establish and maintain a special investigative unit to expedite processing of claims by senior citizens and special emergency situations, and to promote, in consultation with the office for the aging, the establishment of a volunteer program of home visitation to elderly and invalid victims of violent crime.
10. To advise and assist the governor in developing policies designed to recognize the legitimate rights, needs and interests of crime victims.
11. To coordinate state programs and activities relating to crime victims.
12. To cooperate with and assist political subdivisions of the state and not-for-profit organizations in the development of local programs for crime victims.
13. To study the operation of laws and procedures affecting crime victims and recommend to the governor and legislature proposals to improve the administration and effectiveness of such laws.
14. To establish an advisory council to assist in formulation of policies on the problems of crime victims and to provide recommendations to the director to improve the delivery of services to victims by the office.
15. To work with national associations, statewide coalitions, regional coalitions, victim service providers, and other advocates to address and advance the rights and interests of crime victims of the state.
16. To promote and conduct studies, research, analyses and investigations of matters affecting the interests of crime victims.
17. To coordinate training opportunities for crime victim advocates and service providers.
18. To serve as a clearinghouse for information relating to crime victims' problems and programs.
19. To accept, with the approval of the governor, as agent of the state, any grant including federal grants, any fines or penalties imposed pursuant to section three hundred forty-one or three hundred forty-two-a of the general business law and made payable to the office pursuant to section three hundred forty-seven-a of such law, or any gift for the purposes of this article. Any monies so received may be expended by the office to effectuate any purpose of this article, subject to the applicable provisions of the state finance law.
20. To render each year to the governor and to the legislature, on or before December first of each year, a written report on the office's activities including, but not limited to, specific information on each of the subdivisions of this section. Such report shall also include but not be limited to information regarding crime victim service programs, including:
(1) the programs funded by the office;
(2) other sources of funding for crime victims service programs;
(3) an assessment of the adequacy of the current level of appropriation to the office to meet the reasonable needs of crime victims service programs for funding under section six hundred thirty-one-a of this article; and
(4) an estimate of the reasonable needs of programs in the next fiscal year.
21. To render biennially to the governor and the legislature a written report on the manner in which the rights, needs and interests of crime victims are being addressed by the state's criminal justice system to include, but not be limited to:
(a) Information transmitted by the state office of probation and correctional alternatives under subdivision five of section 390.30 of the criminal procedure law and subdivision seven of section 351.1 of the family court act which the board shall compile, review and make recommendations on how to promote the use of restitution and encourage its enforcement.
(b) Information relating to the implementation of and compliance with article twenty-three of this chapter by the criminal justice agencies and the "crime victim-related agencies" of the state.
22. To make grants to local crime victim service programs and carry out related duties under section six hundred thirty-one-a of this article.
23. To delegate to specified employees of the office the power to disallow claims under circumstances where regulations of the office provide for disallowance without prejudice to the reopening of claims.
§ 624. Eligibility. 1. Except as provided in subdivision two of this section, the following persons shall be eligible for awards pursuant to this article:
(a) a victim of a crime;
(b) a surviving spouse, domestic partner, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child, stepchild or grandchild of a victim of a crime who died as a direct result of such crime;
(c) any other person dependent for his principal support upon a victim of a crime who died as a direct result of such crime;
(d) any person or business represented by a person who has paid for or incurred the burial expenses of a victim who died as a direct result of such crime, except such person shall not be eligible to receive an award for other than burial expenses unless otherwise eligible under paragraph (a), (b) or (c) of this subdivision;
(e) an elderly victim of a crime;
(f) a disabled victim of a crime;
(g) a child victim of a crime;
(h) a parent, stepparent, grandparent, guardian, brother, sister, stepbrother or stepsister of a child victim of a crime;
(i) a surviving spouse of a crime victim who died from causes not directly related to the crime when such victim died prior to filing a claim with the office or subsequent to filing a claim but prior to the rendering of a decision by the office. Such award shall be limited to out-of-pocket loss incurred as a direct result of the crime; and
(j) a spouse, child or stepchild of a victim of a crime who has sustained personal physical injury as a direct result of a crime.
(k) a surviving spouse, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child, stepchild, or grandchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim.
2. A person who is criminally responsible for the crime upon which a claim is based or an accomplice of such person shall not be eligible to receive an award with respect to such claim. A member of the family of a person criminally responsible for the crime upon which a claim is based or a member of the family of an accomplice of such person, shall be eligible to receive an award, unless the office determines pursuant to regulations promulgated to carry out the provisions and purposes of this article, that the person criminally responsible will receive substantial economic benefit or unjust enrichment from the compensation. In such circumstances the award may be reduced or structured in such way as to remove the substantial economic benefit or unjust enrichment to such person or the claim may be denied.
§ 625. Filing of claims. 1. A claim may be filed by a person eligible to receive an award, as provided in section six hundred twenty-four of this article, or, if such person is under the age of eighteen years, an incompetent, or a conservatee, by his relative, guardian, committee, conservator, or attorney.
2. A claim must be filed by the claimant not later than one year after the occurrence or discovery of the crime upon which such claim is based, one year after a court finds a lawsuit to be frivolous, or not later than one year after the death of the victim, provided, however, that upon good cause shown, the office may extend the time for filing. The office shall extend the time for filing where the claimant received no notice pursuant to section six hundred twenty-five-a of this article and had no knowledge of eligibility pursuant to section six hundred twenty-four of this article.
3. Claims shall be filed in person, by mail or electronically, in such manner as the office may prescribe. The office shall accept for filing all claims submitted by persons eligible under subdivision one of this section and alleging the jurisdictional requirements set forth in this article and meeting the requirements as to form in the rules and regulations promulgated to carry out the provisions and purposes of this article.
4. Upon filing of a claim pursuant to this article, the office shall promptly notify the district attorney of the county wherein the crime is alleged to have occurred. If, within ten days after such notification, such district attorney advises the office that a criminal prosecution is pending upon the same alleged crime and requests that action by the office be deferred, the office shall defer all proceedings under this article until such time as such criminal prosecution has been concluded and shall so notify such district attorney and the claimant. When such criminal prosecution has been concluded, such district attorney shall promptly so notify the office. Nothing in this section shall limit the authority of the office to grant emergency awards pursuant to section six hundred thirty of this article.
§ 625-a. Information relative to claims; application forms. 1. Every police station, precinct house, any appropriate location where a crime may be reported and any location required by the rules and regulations of the office shall have available informative booklets, pamphlets and other pertinent written information, including information cards, to be supplied by the office, relating to the availability of crime victims compensation including all necessary application blanks required to be filed with the office and shall display prominently posters giving notification of the existence and general provisions of this article, those provisions of the penal law that prohibit the intimidation of crime victims and the location of the nearest crime victim service program. The office may issue guidelines for the location of such display and shall provide posters, application forms, information cards and general information. Every victim who reports a crime in any manner whatsoever shall be given notice about the rights of crime victims and the existence of all relevant local victim's assistance programs and services pursuant to section six hundred twenty-five-b of this article, and supplied by the person receiving the report with information, application blanks, and information cards which shall clearly state: (a) that crime victims may be eligible for state compensation benefits; (b) the address and phone number of the office; (c) that police and district attorneys can help protect victims against harassment and intimidation; (d) the addresses and phone numbers of local victim service programs, where appropriate, or space for inserting that information; or (e) any other information the office deems appropriate. Such cards shall be designed by the office in consultation with local police, and shall be printed and distributed by the office. The office shall develop a system for distributing a sufficient supply of the information cards referred to in this subdivision, to all the appropriate designated locations, which shall include a schedule for meeting that requirement.
1-a. Every general hospital established under the laws of this state, which maintains facilities for providing out-patient emergency medical care, shall display prominently in its emergency room posters giving notification of the existence and general provisions of this chapter. The board may issue guidelines for the location of such display and shall provide posters, application forms and general information regarding the provision of this chapter to each such hospital.
2. No cause of action of whatever nature or kind arising out of a failure to give or receive the notice required by this section shall accrue to any person against the state or a