NY Exec L § 840 (2021)
2021 New York Laws EXC - Executive Article 35 - Division of Criminal Justice Services 840 - Functions, Powers and Duties of Council.

§ 840. Functions,  powers  and  duties  of council. 1. The council may recommend to the governor rules and regulations with respect to:  (a) The approval, or revocation thereof, of  police  training  schools administered by municipalities;  (b)  Minimum  courses of study, attendance requirements, and equipment and facilities to be required  at  approved  municipal  police  training schools;  (c) Minimum qualifications for instructors at approved police training schools;  (d)  The  requirements of minimum basic training which police officers appointed to probationary terms shall complete before being eligible for permanent appointment, and the time within  which  such  basic  training must be completed following such appointment to a probationary term;  (e)  The  requirements of minimum basic training which police officers not appointed for probationary terms  but  appointed  on  other  than  a permanent  basis  shall  complete  in order to be eligible for continued employment or permanent appointment, and  the  time  within  which  such basic  training  must  be  completed  following  such  appointment  on a non-permanent basis;  (f) The requirements of minimum basic training  which  peace  officers must complete before being eligible for certification as peace officers, pursuant to section 2.30 of the criminal procedure law;  (g)  Categories  or  classifications  of  advanced in-service training programs and minimum courses of study and attendance  requirements  with respect to such categories or classifications; and  (i)  The  establishment,  in  cooperation  with  the division of state police, of a formalized consumer product tampering training program  for all law enforcement personnel.  (j) (1) Development, maintenance and dissemination of written policies and  procedures  pursuant  to  title  six  of  article six of the social services law and applicable provisions of  article  ten  of  the  family court  act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations  of  persons  required  to  report, provisions  for  taking  a  child  into  protective  custody,  mandatory reporting of deaths, immunity from liability, penalties for  failure  to report  and  obligations  for  the  provision of services and procedures necessary  to  safeguard  the  life  or  health  of   the   child;   (2) establishment  and  implementation  on  an  ongoing basis, of a training program for all current and new police officers regarding  the  policies and   procedures   established  pursuant  to  this  paragraph;  and  (3) establishment of a training  program  for  police  officers  whose  main responsibilities  are  juveniles  and the laws pertaining thereto, which training program shall be successfully completed  before  such  officers are  accredited  pursuant  to  section eight hundred forty-six-h of this chapter.  (k) Development, maintenance and dissemination, in  consultation  with the  department  of  agriculture  and  markets,  of written policies and procedures pursuant to animal cruelty and  protection  laws,  including, but  not  limited  to, article twenty-six of the agriculture and markets law, section 352.3 of the family court act as it  applies  to  companion animals,  and  applicable  provisions  of  the  penal law, regarding the investigation and prevention of any  act  of  cruelty  to  animals.  The council  shall  make  provisions in such policies and procedures for the education and  training  in  enforcement  of  such  animal  cruelty  and protection laws.  (l)  Exemptions from particular provisions of this article in the case of peace officers appointed by the superintendent of state police if  in its  opinion  the  standards  of  peace officer training provided by the  division of state police  exceed  those  established  pursuant  to  this article.  (m)  Establishment  and  implementation  on  an  ongoing  basis,  of a training program for all current  and  new  police  officers  and  peace officers  regarding  the policies and procedures established pursuant to paragraph (k) of this subdivision.   2. The council shall promulgate, and may from time to time amend, such rules and regulations prescribing height, weight, physical  fitness  and psychological requirements for eligibility of persons for provisional or permanent  appointment  in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient  performance  of  police duties.   2-a.  The  council,  in  consultation  with  the  state  commission of correction, shall promulgate rules and regulations with respect to:  (a)  The  approval,  or  revocation  thereof,  of  basic   and   other correctional training programs administered by municipalities;  (b)  Minimum  courses of study, attendance requirements, and equipment and facilities to be required at approved basic and  other  correctional training programs;  (c) Minimum qualifications for instructors at approved basic and other correctional training programs; and  (d)  The requirements of a minimum basic correctional training program required by subdivision nine of section eight hundred thirty-seven-a  of this article.   2-b.  The  council  shall promulgate, and may from time to time amend, such rules and  regulations  concerning  background  investigations  for eligibility  of  persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and  proper for   the  efficient  performance  of  police  duties,  which  shall  be incorporated by the law enforcement agency accreditation council as part of the certification process in paragraph  (d)  of  subdivision  one  of section eight hundred forty-six-h of this chapter.   3.  The  council shall, in addition: (a) Consult with, advise and make recommendations to the commissioner with respect to the exercise of  his or  her  functions,  powers  and  duties  as  set forth in section eight hundred forty-one of this article;  (b)  Recommend  studies,  surveys  and  reports  to  be  made  by  the commissioner  regarding  the carrying out of the objectives and purposes of this section;  (c) Visit and inspect any  police  training  school  and  correctional training  programs approved by the commissioner or for which application for such approval has been made;  (d) Make recommendations, from time to time, to the commissioner,  the governor and the legislature, regarding the carrying out of the purposes of this section;  (e)  Perform  such  other  acts  as may be necessary or appropriate to carry out the functions of the council;  (f) Develop, maintain and disseminate, in consultation with the  state office  for  the  prevention  of domestic violence, written policies and procedures consistent with article eight of the  family  court  act  and applicable  provisions  of the criminal procedure and domestic relations laws, regarding the investigation of and intervention by new and veteran police officers in incidents  of  family  offenses.  Such  policies  and procedures  shall  make  provisions  for  education  and training in the interpretation and  enforcement  of  New  York's  family  offense  laws, including but not limited to:  (1)  intake  and  recording  of  victim  statements,  and  the  prompt translation of such statements if made in a language other than English, in  accordance  with  subparagraph  three  of  this  paragraph,   on   a standardized "domestic violence incident report form" promulgated by the division   of   criminal  justice  services  in  consultation  with  the superintendent of state police, representatives of local  police  forces and  the  state  office for the prevention of domestic violence, and the investigation thereof so as  to  ascertain  whether  a  crime  has  been committed  against  the  victim  by  a  member of the victim's family or household as such terms are defined in section eight hundred  twelve  of the  family  court act and section 530.11 of the criminal procedure law; and  (2) the need for immediate intervention in family  offenses  including the  arrest  and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the  criminal  procedure  law,  and  notifying victims  of  their  rights,  in  their native language, if identified as other than English,  in  accordance  with  subparagraph  three  of  this paragraph, including but not limited to immediately providing the victim with the written notice required in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act;  (3) determine, in consultation with the superintendent of state police and the office for the prevention of domestic violence, the languages in which  such  translation required by subparagraph one of this paragraph, and the notification required by subparagraph  two  of  this  paragraph, shall  be provided. Such determination shall be based on the size of the New York state population  that  speaks  each  language  and  any  other relevant  factor.  Such written notice required pursuant to subparagraph two of  this  paragraph  shall  be  made  available  to  all  local  law enforcement  agencies  throughout  the  state. Nothing in this paragraph shall prevent the council from using  the  determinations  made  by  the superintendent  of  state  police pursuant to subdivision (c) of section two hundred fourteen-b of this chapter;  (f-1) Develop, maintain and  disseminate,  in  consultation  with  the office  of  temporary  and  disability  assistance  and  the division of criminal justice services, written  policies  and  procedures  regarding human  trafficking  victims. Such policies and procedures shall include, but not be limited to the following: (1) the identification of potential victims of human trafficking, as  defined  under  section  four  hundred eighty-three-aa  of  the social services law; and (2) information and/or referral to appropriate social and legal services for victims  of  human trafficking  in  accordance with section four hundred eighty-three-bb of the social services law;  (g) Develop, maintain and disseminate, in consultation with the  state division of human rights and the state civil service department, written policies  and  procedures  to  enhance  police  and correctional officer recruitment efforts and to  increase  police  and  correctional  officer awareness of racial, ethnic, religious and gender differences, and other diversity   issues,   in  communities  served  by  such  police  and  in correctional facilities; and  (h)  Consult  with  the  state  commission  of  correction   regarding correctional training programs.   4. The council shall, in addition:  (a)  Develop,  maintain  and  disseminate,  in  consultation with rape crisis centers experienced in assisting victims in this  state,  written policies  and  procedures  consistent  with applicable provisions of the family court act, domestic relations law, criminal procedure law and the penal law, regarding the investigation of and intervention  by  new  and  veteran  police  officers  in  crimes  involving  sexual  assault.  Such policies and procedures shall make provisions for education and training of new and veteran police officers in the investigation and  enforcement of  crimes  involving  sexual assault under state law, including but not limited to:  (1) techniques for interviewing sexual assault victims,  (2) fair treatment standards for crime  victims  pursuant  to  article twenty-three of this chapter,  (3) evidence gathering and evidence preservation, and  (4)  dissemination  of  information  concerning  availability of local services for the victims of such crimes; and  (b) Recommend to the governor, rules and regulations with  respect  to establishment  and  implementation  on  an  ongoing  basis of a training program for all current and new police officers regarding  the  policies and  procedures  established  pursuant  to  this subdivision, along with recommendations for periodic retraining of police officers.  (c) Disseminate the written policies  and  procedures  promulgated  in accordance   with   subdivision  twenty-one  of  section  eight  hundred thirty-seven of this article to all police departments in this state and implement a training program for all current  and  new  police  officers regarding  the  policies  and  procedures  established  pursuant to such subdivision.  (d)(1) Establish and regularly update a model law enforcement  use  of force  policy suitable for adoption by any agency that employs police or peace officers.  (2) The model law enforcement use of force policy shall  include,  but is not limited to:  (i)  information  on  current law as it relates to the use of force by police and peace officers;  (ii) guidelines regarding when use of force is permitted;  (iii) requirements for documenting use of force;  (iv) procedures for investigating use of force incidents;  (v) guidelines regarding excessive use  of  force  including  duty  to intervene, reporting, and timely medical treatment for injured persons;  (vi) standards for failure to adhere to use of force guidelines;  (vii) training mandates on use of force, conflict prevention, conflict resolution  and  negotiation,  de-escalation  techniques and strategies, including, but not limited to, interacting with persons presenting in an agitated condition; and  (viii) prohibited uses of force.  (3) The person in charge  of  every  local  police  department,  local correctional  facility,  each  county sheriff, the superintendent of the division of the state police, the  commissioner  of  the  department  of corrections and community supervision, and the person in charge of every agency  that  employs  a  peace  officer  in  this state shall adopt and implement a use of force policy in the  agency  of  which  they  are  in charge.  Such use of force policy shall be consistent with the model law enforcement  use  of  force  policy   established   pursuant   to   this subdivision,    except   that   such   departments,   county   sheriffs, superintendent, commissioner and agencies that employ  a  peace  officer may  impose  further and additional restrictions on the use of force, in such use of force policy or otherwise.  (4) The model law enforcement use of force policy  and  every  use  of force   policy  established  pursuant  to  subparagraph  three  of  this paragraph shall be a  public  document,  and  shall  be  made  available without  charge  to any member of the public promptly upon request. Each such current use of force policy shall be conspicuously  posted  on  the public  website  of the agency that adopted it. Revisions to such use of  force policies shall be updated on the agency's  public  website  within seventy-two hours of approval of any amendment.   5. The council shall, in addition:  (a)  Develop,  maintain  and  disseminate,  in  consultation  with the commissioner of the office for people with  developmental  disabilities, written  policies  and  procedures  consistent with section 13.43 of the mental hygiene law,  regarding  the  handling  of  emergency  situations involving   individuals   with   autism   spectrum  disorder  and  other developmental disabilities. Such  policies  and  procedures  shall  make provisions  for  the  education  and  training of new and veteran police officers on the handling of emergency situations  involving  individuals with autism spectrum disorder and other developmental disabilities; and  (b)  Recommend  to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of  a  training program  for  all current and new police officers regarding the policies and procedures established pursuant  to  this  subdivision,  along  with recommendations for periodic retraining of police officers.   6. The council shall, in addition:  (a)  Develop,  maintain  and  disseminate,  in  consultation  with the division of human rights and  the  hate  crime  task  force  established pursuant  to  section  two  hundred  sixteen  of  this  chapter, written policies and procedures regarding the recognition  of  and  response  to hate crimes, as defined in article four hundred eighty-five of the penal law.  Such  policies  and  procedures  shall  make  provisions  for  the education and training  of  new  and  veteran  police  officers  on  the recognition of and response to hate crimes; and  (b)  Recommend  to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of  a  training program  for  all current and new police officers regarding the policies and procedures established pursuant  to  this  subdivision,  along  with recommendations   for  periodic  retraining  of  police  officers.  Such recommended rules and recommendations shall also  be  submitted  to  the temporary president of the senate and the speaker of the assembly.