§ 837 — Functions, powers and duties of division

New York § 837

• Jurisdiction: New York
• Law EXC: Executive
• Art. 35: Division of Criminal Justice Services

Text

§ 837. Functions, powers and duties of division. The division shall\nhave the following functions, powers and duties:\n 1. Advise and assist the governor in developing policies, plans and\nprograms for improving the coordination, administration and\neffectiveness of the criminal justice system;\n 2. Make recommendations to agencies in the criminal justice system for\nimproving their administration and effectiveness:\n 3. Act as the official state planning agency pursuant to the federal\nacts; in accordance therewith, prepare, evaluate and revise statewide\ncrime control and juvenile delinquency prevention and control plans; and\nreceive and disburse funds from the federal government;\n 4. In cooperation with the state administrator of the unified court\nsystem as well as any other public or private agency,\n (a) through the central data facility collect, analyze, evaluate and\ndisseminate statistical and other information and data; and\n (b) undertake research, studies and analyses and act as a central\nrepository, clearinghouse and disseminator of research studies, in\nrespect to criminal justice functions and any agency responsible for a\ncriminal justice function, with specific attention to the effectiveness\nof existing programs and procedures for the efficient and just\nprocessing and disposition of criminal cases; and\n (b-1) collect data and undertake research, studies and analyses of\njudicial diversion programs including but not limited to the judicial\ndiversion program described in article two hundred sixteen of the\ncriminal procedure law; and\n (c) collect and analyze statistical and other information and data\nwith respect to the number of crimes reported or known to police\nofficers or peace officers, the number of persons arrested for the\ncommission of offense, the age of the person or persons arrested, the\nnumber of custodial arrests and appearance tickets issued, the offense\nfor which the person was arrested, the county within which the arrest\nwas made and the accusatory instrument filed, the disposition of the\naccusatory instrument including, but not limited to, as the case may be,\ndismissal, acquittal, the offense to which the defendant pled guilty,\nthe offense the defendant was convicted of after trial, and the\nsentence; and where a firearm as defined in section 265.00 of the penal\nlaw or machine gun, rifle or shotgun comes into the custody of police\nofficers or peace officers in the course of an investigation of such\ncrime or offense, the make, model type, caliber and magazine or cylinder\ncapacity of any such firearm and whether possession of such firearm by\nthe defendant is licensed or unlicensed and if confiscated at arrest,\nthe style and manufacturer of any ammunition; and\n (d) Supply data, upon request, to federal bureaus or departments\nengaged in collecting national criminal statistics; and\n (e) Supply data, including confidential and sealed criminal history\nrecord information, for bona fide research purposes. Such information\nshall be disseminated in accordance with procedures established by the\ndivision to assure the security and privacy of identification and\ninformation data, which shall include the execution of an agreement\nwhich protects the confidentiality of the information and reasonably\nprotects against data linkage to individuals; and\n (e-1) Collect demographic data with respect to persons appointed as a\npolice officer, including but not limited to racial and gender\ncharacteristics; and\n (f) Accomplish all of the functions, powers, and duties set forth in\nparagraphs (a), (b), (c) and (d) of this subdivision with respect to the\nprocessing and disposition of cases involving violent felony offenses\nspecified in subdivision one of section 70.02 of the penal law.\n 4-a. In cooperation with the state administrator of the unified court\nsystem as well as any other public or private agency, collect and\nanalyze statistical and all other information and data with respect to\nthe number of environmental crimes and offenses in violation of articles\ntwenty-seven, thirty-seven and forty, and titles twenty-seven and\nthirty-seven of article seventy-one of the environmental conservation\nlaw reported or known to the department of environmental conservation,\nthe division of state police, and all other police or peace officers,\nthe number of persons arrested for the commission of said violation, the\noffense for which the person was arrested, the county within which the\narrest was made and the accusatory instrument filed, the disposition of\nthe accusatory instrument filed, including, but not limited to, as the\ncase may be, dismissal, acquittal, the offense to which the defendant\npled guilty, the offense the defendant was convicted of after trial, and\nthe sentence or monetary penalty levied, or the civil disposition of the\noffense if such offense was adjudicated by civil means.\n 4-b. In cooperation with any public or private agency or entity,\ncollect and analyze statistical data and all other information and data\nwith respect to the number of crimes and offenses committed against\nemployees of the city of New York responsible for enforcing certain\nregulations in such city, while such employees were enforcing or\nattempting to enforce such regulations and reported or known to any law\nenforcement agency, the number of persons arrested for the commission of\nsaid offenses, the offense for which the person was arrested, the county\nwithin which the arrest was made and the accusatory instrument filed,\nthe disposition of the accusatory instrument filed, including but not\nlimited to, as the case may be, dismissal, acquittal, the offense to\nwhich the defendant pled guilty, the offense the defendant was convicted\nof after trial, and the sentence or other penalty levied. For the\npurposes of this subdivision, an employee of the city of New York\nresponsible for enforcing certain regulations in such city shall mean a\ntraffic enforcement agent or an employee of the department of sanitation\nwho is authorized to issue notices of violation, summons or appearance\ntickets.\n 4-c. (a) In cooperation with the chief administrator of the courts as\nwell as any other public or private agency, including law enforcement\nagencies, collect, maintain, analyze and make public statistical and all\nother information and data with respect to the number of hate crimes\nreported to or investigated by the division of state police, and all\nother police or peace officers, the number of persons arrested for the\ncommission of such crimes, the offense for which the person was\narrested, the demographic data of the victim or victims of such crimes\nincluding, but not limited to, race, color, national origin, ancestry,\ngender, gender identity or expression, religion, religious practice,\nage, disability or sexual orientation of a person, the demographic data\nof the person or persons arrested for the commission of such crimes\nincluding, but not limited to, race, color, national origin, ancestry,\ngender, gender identity or expression, religion, religious practice,\nage, disability or sexual orientation of a person, the county within\nwhich the arrest was made and the accusatory instrument filed, the\ndisposition of the accusatory instrument filed, including, but not\nlimited to, as the case may be, dismissal, acquittal, the offense to\nwhich the defendant pled guilty, the offense the defendant was convicted\nof after trial, and the sentence imposed. Data collected shall be used\nfor research or statistical purposes only and shall not contain\ninformation that may reveal the identity of any individual. The division\nshall include the statistics and other information required by this\nsubdivision in an annual report submitted to the governor, the speaker\nof the assembly, the temporary president of the senate, the chair of the\nassembly codes committee, the chair of the senate codes committee, the\nattorney general and the chief administrative judge of the office of\ncourt administration. Such annual reports shall be a public record.\n (b) The division shall promulgate regulations related to the use and\ncollection of a "hate crime demographic data form". The regulations\nshall address the appropriate methods and timing of collection of the\ndemographic data included in paragraph (a) of this subdivision. The\ndivision shall consider the manner of collection which will be most\nconducive to respecting victims while collecting necessary information\nthat will assist the state in providing adequate victim support services\nand additional programming to decrease the likelihood of such hate\ncrimes occurring, and best practices for collection of the data.\nInformation disclosed on the hate crime victim demographic data form or\nthe hate crime defendant demographic data form shall be used only to\nassist the division in complying with paragraph (a) of this subdivision\nand shall not be used in any administrative or judicial proceeding.\n (c) As used in this section, the term "gender identity or expression"\nshall have the same meaning as defined in paragraph (c) of subdivision\nfour of section 485.05 of the penal law.\n 5. Conduct studies and analyses of the administration or operations of\nany criminal justice agency when requested by the head of such agency,\nand make the results thereof available for the benefit of such agency;\n 5-a. Undertake to furnish or make available to the district attorneys\nof the state such supportive services and technical assistance as the\ncommissioner and any one or more of the district attorneys shall agree\nare appropriate to promote the effective performance of his or their\nprosecutorial functions.\n 6. Establish, through electronic data processing and related\nprocedures, a central data facility with a communication network serving\nqualified agencies anywhere in the state, so that they may, upon such\nterms and conditions as the commissioner, and the appropriate officials\nof such qualified agencies shall agree, contribute information and,\nexcept as provided in subdivision two of section 306.2 of the family\ncourt act, have access to information contained in the central data\nfacility, which shall include but not be limited to such information as\ncriminal record, personal appearance data, fingerprints, photographs,\nand handwriting samples;\n 6-a. Upon request, provide an incarcerated individual of the state or\nlocal correctional facility, at no charge, with a copy of all criminal\nhistory information maintained on file by the division pertaining to\nsuch incarcerated individual.\n 7. Receive, process and file fingerprints, photographs and other\ndescriptive data for the purpose of establishing identity and previous\ncriminal record;\n 7-a. Receive, process and file orders granting a change of name to\npersons convicted of a felony subject to the provisions of subdivision\ntwo of section sixty-one of the civil rights law;\n 8. Adopt appropriate measures to assure the security and privacy of\nidentification and information data;\n 8-a. Charge a fee when, pursuant to statute or the regulations of the\ndivision, it conducts a search of its criminal history records and\nreturns a report thereon in connection with an application for\nemployment or for a license or permit. The division shall adopt and may,\nfrom time to time, amend a schedule of such fees which shall be in\namounts determined by the division to be reasonably related to the cost\nof conducting such searches and returning reports thereon but, in no\nevent, shall any such fee exceed twenty-five dollars and an additional\nsurcharge of fifty dollars. The comptroller is hereby authorized to\ndeposit such fees into the general fund, provided, however, that the\nmonies received by the division of criminal justice services for payment\nof the additional surcharge shall be deposited in equal amounts to the\ngeneral fund and to the fingerprint identification and technology\naccount. Notwithstanding the foregoing, the division shall not request\nor accept any fee for searching its records and supplying a criminal\nhistory report pursuant to section two hundred fifty-one-b of the\ngeneral business law relating to participating in flight instruction at\nany aeronautical facility, flight school or institution of higher\nlearning.\n 8-b. Notwithstanding any other provision of law to the contrary,\ncharge a fee for the provision of agency materials and publications,\nconferences, criminal history record reviews, legal services, the\nprovision of services to analyze or prepare data that is not prepared in\nthe ordinary course of business, the provision of information in a\ncomputerized format, the application for approval and renewal of\nsecurity guard training schools and the certification and renewal\ncertification of security guard instructors, the service and repair of\nmunicipal law enforcement agency equipment and collect reimbursement and\nother moneys. Such fees shall be reasonably related to the actual costs\nincurred, including the costs of salaries, computer time, shipping and\nhandling, as appropriate. The comptroller is hereby authorized to\ndeposit such fees into the general fund effective August thirty-first,\nnineteen hundred ninety-six.\n 8-c. Notwithstanding the provisions of section one hundred three of\nthe general municipal law, section one hundred seventy-four of the state\nfinance law and any other general, special or local law to the contrary,\nany officer, board or agency of a political subdivision or state agency\nauthorized to make purchases of materials, equipment or supplies, may\nmake such purchases of statewide automated fingerprint identification\nsystem-related materials, equipment or supplies, through the agreement\nexecuted between the division and North American Morpho Systems, Inc.\nNotwithstanding any other law to the contrary, the division shall be\nauthorized to enter into voluntary cost-sharing arrangements with local\ncriminal justice agencies for expanded facsimile services and criminal\njustice information access through the criminal justice data\ncommunications network.\n 9. Accept, agree to accept and contract as agent of the state, with\nthe approval of the governor, any grant, including federal grants, or\nany gift for any of the purposes of this article;\n 10. Accept, with the approval of the governor, as agent of the state,\nany gift, grant, devise or bequest, whether conditional or unconditional\n(notwithstanding the provisions of section eleven of the state finance\nlaw), including federal grants, for any of the purposes of this article.\nAny monies so received may be expended by the division to effectuate any\npurpose of this article, subject to the same limitations as to approval\nof expenditures and audit as are prescribed for state monies\nappropriated for the purposes of this article;\n 11. Enter into contracts with any person, firm, corporation,\nmunicipality, or governmental agency;\n 12. Make an annual report to the governor and legislature concerning\nits work during the preceding year, and such further interim reports to\nthe governor, or to the governor and legislature, as it shall deem\nadvisable, or as shall be required by the governor;\n 13. Adopt, amend or rescind such rules and regulations as may be\nnecessary or convenient to the performance of the functions, powers and\nduties of the division;\n 14. Do all other things necessary or convenient to carry out the\nfunctions, powers and duties expressly set forth in this article.\n 15. Promulgate, in consultation with the superintendent of state\npolice and the state office for the prevention of domestic violence, and\nin accordance with paragraph (f) of subdivision three of section eight\nhundred forty of this article, a standardized "domestic violence\nincident report form" for use by state and local law enforcement\nagencies in the reporting, recording and investigation of all alleged\nincidents of domestic violence, regardless of whether an arrest is made\nas a result of such investigation. Such form shall be prepared in\nmultiple parts, one of which shall be immediately provided to the\nvictim, and shall include designated spaces for: the recordation of the\nresults of the investigation by the law enforcement agency and the basis\nfor any action taken; the recordation of a victim's allegations of\ndomestic violence; the age and gender of the victim and the alleged\noffender or offenders; and immediately thereunder a space on which the\nvictim may sign and verify such victim's allegations. Such form shall\nalso include, but not be limited to spaces to identify:\n (a) what other services or agencies, including but not limited to\nmedical, shelter, advocacy and other supportive services are or have\npreviously been involved with the victim; and\n (b) whether the victim has been provided with the written notice\ndescribed in subdivision five of section eight hundred twelve of the\nfamily court act and subdivision six of section 530.11 of the criminal\nprocedure law.\n 16. Operate a toll-free twenty-four hour telephone number that members\nof the public may call to obtain information as to resources available\nto the public to assist in the location and recovery of missing persons.\nSuch toll-free telephone line may be operated by the division as part of\nthe toll-free telephone line established pursuant to section eight\nhundred thirty-seven-f of this article. Furthermore, all such\ninformation relating to the locating and recovery of missing persons may\nbe included on the division homepage established pursuant to section\neight hundred forty-three of this article.\n 17. In consultation with the district attorneys, develop and operate a\nwitness protection program. Within the amounts available by\nappropriation, such program shall provide assistance to district\nattorneys in protecting witnesses and victims, including their family\nmembers, who may suffer physical or emotional harm, intimidation or\nretaliatory violence as a result of the cooperation of the witness or\nvictim with law enforcement, with a particular emphasis on vulnerable\nwitnesses and victims, including witnesses to and victims of domestic\nviolence and sexual exploitation and witnesses and victims testifying\nagainst violent or dangerous defendants. Such assistance may include,\nbut not be limited to, administrative measures to: (a) facilitate name\nchanges and receipt of new identification documents for witnesses and\nvictims in appropriate cases; and (b) provide a range of protective\nservices, including, when necessary, relocating victims and witnesses,\nand their family members. The division may enter into contracts with any\nperson, firm, corporation, not-for-profit entity or governmental agency\nto provide administrative oversight and assistance in the operation of\nthis program, may issue appropriate guidelines and may adopt, amend or\nrescind any rules and regulations as may be necessary or convenient to\nthe operation of the program. These guidelines and regulations shall\ninclude a process by which district attorneys may apply for\nreimbursement of the costs of providing witness protection services.\n 18. In cooperation with any public or private agency or entity,\nundertake to make and furnish an instructional video relating to how\nsexual predators lure children. The video shall be geared toward\nparental information and education. The division shall distribute a copy\nof the video to all public libraries and police departments for public\nuse and viewing.\n 19. Receive names and other non-clinical identifying information\npursuant to section 9.46 of the mental hygiene law; provided, however,\nany such information shall be destroyed five years after such receipt,\nor pursuant to a proceeding brought under article seventy-eight of the\ncivil practice law and rules determining that an individual is eligible\nfor a license pursuant to section 400.00 of the penal law and otherwise\npermitted to possess a firearm.\n 20. To assist the department of agriculture and markets in developing\ninformation about animal cruelty and protection laws pursuant to\nsubdivision forty-eight of section sixteen of the agriculture and\nmarkets law.\n 21. Promulgate a standardized and detailed written protocol that is\ngrounded in evidence-based principles for the administration of\nphotographic array and live lineup identification procedures for police\nagencies and standardized forms for use by such agencies in the\nreporting and recording of such identification procedure. The protocol\nshall address the following topics:\n (a) the selection of photographic array and live lineup filler\nphotographs or participants;\n (b) instructions given to a witness before conducting a photographic\narray or live lineup identification procedure;\n (c) the documentation and preservation of results of a photographic\narray or live lineup identification procedure;\n (d) procedures for eliciting and documenting the witness's confidence\nin his or her identification following a photographic array or live\nlineup identification procedure, in the event that an identification is\nmade; and\n (e) procedures for administering a photographic array or live lineup\nidentification procedure in a manner designed to prevent opportunities\nto influence the witness.\n 22. (a) Maintain and annually update a list of offenses in states and\nterritories of the United States other than New York that include all of\nthe essential elements of a serious offense as defined by subdivision\nseventeen of section 265.00 of the penal law, to assist courts,\nlicensing authorities and others in determining which offenses in such\nother states and territories qualify as a serious offense for purposes\nof article two hundred sixty-five of the penal law, subdivision\nseventeen of section 265.00 of the penal law, and subdivision one-a of\nsection 400.00 of the penal law. The division shall append to such list\nof offenses a disclaimer that such list shall be for informational\npurposes only and is not intended to be a substitute for the advice of\nan attorney or counselor-at-law.\n (b) Such updated list shall be prominently posted on the website\nmaintained by the division. Each list shall bear the date of posting,\nand each posted and dated listing shall be separately maintained by the\ndivision as a record available to the public. The first list compiled\nunder this subdivision shall be prominently posted by the division no\nlater than nine months after the effective date of this subdivision.\n 23. (a) In conjunction with the superintendent of the state police,\npromulgate policies and procedures with regard to standardization of\nfirearms safety training required under subdivision nineteen of section\n400.00 of the penal law, which shall include the approval of course\nmaterials and promulgation of proficiency standards for live fire\ntraining; and\n (b) In conjunction with the superintendent of state police, create an\nappeals board for the purpose of hearing appeals as provided in\nsubdivision four-a of section 400.00 of the penal law and promulgate\nrules and regulations governing such appeals.\n 24. In furtherance of the responsibilities of the office of gun\nviolence prevention set forth in section eight hundred thirty-seven-y of\nthis article, the division shall:\n (a) create and disseminate resources and training materials on gun\nviolence intervention and prevention strategies and best practices; and\nmay, if practicable, provide technical assistance, additional resources,\nand direct training to professionals focused on gun violence\nintervention and prevention strategies.\n (b) where appropriate, facilitate response activities among political\nsubdivisions of the state and not-for-profit organizations to assist\ncommunities that are impacted by incidents of mass gun violence. For the\npurposes of this section, mass gun violence shall include a "mass\nshooting" as defined in subdivision eleven of section eight hundred\nthirty-five of this article; a single shooting incident that results in\ninjury to three or more people; or multiple related shooting incidents\nresulting in injuries to three or more individuals, occurring within a\ncommunity over a period of up to seven calendar days.\n