§ 837-A — Additional functions, powers and duties of the division

§ 837-a. Additional functions, powers and duties of the division. In\naddition to the functions, powers and duties otherwise provided by this\narticle, the division shall:\n 1. Collect and analyze statistical and other information and data with\nrespect to the number of persons charged with the commission of a\nfelony, including, but not limited to, the felony provisions of articles\ntwenty-seven, thirty-seven and forty, and titles twenty-seven and\nthirty-seven of article seventy-one of the environmental conservation\nlaw, article four of the insurance law, sections 176.15, 176.20, 176.25\nand 176.30 of the penal law relative to insurance fraud, as such term is\ndefined in section 176.05 of such law, by indictment or the filing of a\nsuperior court information, the felony with which the person was charged\ntherein, the county within which the indictment or superior court\ninformation was filed, the disposition thereof including, but not\nlimited to, as the case may be, dismissal, acquittal, the offense to\nwhich the defendant pleaded guilty, the offense the defendant was\nconvicted of after trial, and the sentence.\n 2. Present to the governor, temporary president of the senate,\nminority leader of the senate, speaker of the assembly and the minority\nleader of the assembly a quarterly report containing the statistics and\nother information required by subdivision one hereof. The initial report\nrequired by this paragraph shall be for the period beginning September\nfirst, nineteen hundred seventy-three and ending December thirty-first,\nnineteen hundred seventy-three and shall be presented no later than\nJanuary fifteen, nineteen hundred seventy-four. Thereafter, each\nquarterly report shall be presented no later than thirty days after the\nclose of each quarter.\n 3. Present to the governor, temporary president of the senate,\nminority leader of the senate, speaker of the assembly, and the minority\nleader of the assembly a semi-annual report analyzing the processing and\ndisposition of cases covered by the provisions of a chapter of the laws\nof nineteen hundred seventy-eight relating to the imposition of\nmandatory sentences of imprisonment and plea bargaining restrictions\nupon violent felony offenders, second violent felony offenders and\npersistent violent felony offenders. The report shall assess the effect\nof such law on the ability of the criminal justice system to deal with\nviolent crime, and its impact on the resources of the criminal justice\nsystem, and shall make recommendations for any changes in such law which\nmay be necessary to accomplish its objectives. The initial report\nrequired by this subdivision shall be for the period beginning September\nfirst, nineteen hundred seventy-eight and ending February twenty-eight,\nnineteen hundred seventy-nine and shall be presented no later than April\nfirst, nineteen hundred seventy-nine. Thereafter, each semi-annual\nreport shall be presented no later than thirty days after the close of\nthe six-month period.\n 4. Collect, analyze and maintain all reports, statements and\ntranscripts forwarded to the division concerning the reasons for\nimposition of a sentence other than an indeterminate sentence of\nimprisonment upon an armed felony offender as defined in subdivision\nforty-one of section 1.20 of the criminal procedure law; the reasons for\nthe removal of an action involving a juvenile offender, as defined in\nsubdivision forty-two of section 1.20 of the criminal procedure law, to\nthe family court; and the reasons for a finding that a youth who has\nbeen convicted of an armed felony offense is to be treated as a youthful\noffender. Such reports, statements and transcripts shall be made\navailable for public inspection except that in the case of a juvenile\noffender or a youthful offender, those portions which identify the\noffender shall be deleted. The commissioner may promulgate such rules\nand regulations with respect to the form of such reports, statements and\ntranscripts.\n 5. Make certain that such statistical information relating to the\ncommission of offenses in violation of article twenty-seven,\nthirty-seven or forty, or title twenty-seven or thirty-seven of article\nseventy-one of the environmental conservation law, article four of the\ninsurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal\nlaw relative to insurance fraud, as such term is defined in section\n176.05 of such law, is included and becomes a part of any and all\npublished statistical studies on the occurrence of crime in this state\nor crime dispositions by the courts of this state or incarcerations in\nthe correctional facilities of this state.\n 6. Present to the governor, temporary president of the senate,\nminority leader of the senate, speaker of the assembly and the minority\nleader of the assembly an annual report analyzing the disposal of\nproperty forfeited pursuant to the provisions of article thirteen-A of\nthe civil practice law and rules and article four hundred eighty of the\npenal law. The initial report required by this subdivision shall be for\nthe period beginning November first, nineteen hundred ninety and ending\nMay thirty-first, nineteen hundred ninety-one and shall be presented no\nlater than July first, nineteen hundred ninety-one. Thereafter, each\nannual report shall be presented no later than February first. The\ncommissioner may promulgate rules and regulations with respect to the\nform of such report.\n 7. Contract with an organization having substantial knowledge and\nexperience in the prosecution of serious criminal matters for the\ndevelopment and provision of continuing legal education, training,\nadvice and assistance for prosecutors in the prosecution of capital\ncases and hate crimes.\n 8. Present to the governor, temporary president of the senate,\nminority leader of the senate, speaker of the assembly and the minority\nleader of the assembly an annual report about the function and\neffectiveness of the Gun Involved Violence Elimination (GIVE) program.\nSuch report shall include, but not be limited to, crime data obtained,\nanalyzed and used by each Gun Involved Violence Elimination (GIVE)\npartnership in participating counties and affected municipalities\nincluding the number of arrests made by law enforcement as a direct\nresult of the Gun Involved Violence Elimination (GIVE) program including\nany available demographic information about the persons arrested and\nprosecuted and the disposition of such matters, and any other\ninformation related to the program's effectiveness in reducing crime.\nSuch report shall also include information about crime reduction\nstrategies developed by Gun Involved Violence Elimination (GIVE)\npartnerships, the number of state police and department of corrections\nand community supervision personnel participating in Gun Involved\nViolence Elimination (GIVE) activities, and a description of training\nsupplied to local Gun Involved Violence Elimination (GIVE) participants.\nThe initial report required by this paragraph shall be presented by\nDecember thirty-first, two thousand six. Thereafter, an annual report\nshall be presented no later than December thirty-first of each year.\n 9. In consultation with the state commission of correction and the\nmunicipal police training council, establish and maintain basic and\nother correctional training programs for such personnel employed by\ncorrectional facilities as the commissioner shall deem necessary. Such\nbasic correctional training program shall be satisfactorily completed by\nsuch personnel prior to their undertaking their duties or within one\nyear following the date of their appointment or at such times as the\ncommissioner may prescribe. Provided, however, the commissioner may,\nafter consultation with the state commission of correction, exempt from\nsuch requirement personnel employed by any correctional facility which,\nin the opinion of the commissioner, maintains a basic correctional\ntraining program of a standard equal to or higher than that established\nand maintained by the division; or revoke in whole or in part such\nexemption, if in his or her opinion the standards of the basic\ncorrectional training program maintained by such facility are lower than\nthose established pursuant to this article.\n