NY Exec L § 575 (2021)
2021 New York Laws EXC - Executive Article 21 - New York State Office for the Prevention of Domestic Violence 575 - New York State Office for the Prevention of Domestic Violence.

§ 575. New  York state office for the prevention of domestic violence. 1.   Establishment of office. There is  hereby  established  within  the executive  department  the  "New York state office for the prevention of domestic violence", hereinafter in  this  section  referred  to  as  the "office".   2.  Duties  and responsibilities. The office shall advise the governor and the legislature on the most effective ways for state  government  to respond  to  the  problem  of  domestic  violence.  In  fulfilling  this responsibility, the office shall consult with experts, service providers and representative organizations in the field of domestic  violence  and shall act as an advocate for domestic violence victims and programs.   3.  Activities.  In  addition,  the office shall develop and implement policies and programs designed to assist victims  of  domestic  violence and  their  families,  and to provide education and prevention, training and technical  assistance.  Such  domestic  violence-related  activities shall include, but not be limited to:  (a) Serving as a clearinghouse for information and materials;  (b)   Developing   and  coordinating  community  outreach  and  public education throughout the state;  (c) Developing and delivering training to professionals, including but not limited to professionals in the fields of:  (i) domestic violence;  (ii) health and mental health;  (iii) social and human services;  (iv) public education;  (v) law enforcement and criminal justice;  (vi) alcohol and substance abuse;  (d) Developing and promoting school-based prevention programs;  (e) Providing technical  assistance  to  state  and  local  government bodies and other agencies and to private not-for-profit corporations, on effective   policies  and  responses  to  domestic  violence,  including development  of  model   domestic   violence   policies,   pursuant   to subdivisions seven, eight and nine of this section;  (f)  Promoting  and  facilitating  interagency cooperation among state agencies and intergovernmental cooperation between different  levels  of government in the state in the delivery and/or funding of services;  (g)  Operating  as  an  advocate  for  domestic  violence services and victims;  (h) Undertaking program and services  needs  assessments  on  its  own initiative or at the request of the governor, the legislature or service providers;  (i)  Examining  the  relationship  between domestic violence and other problems and making recommendations for effective policy response;  (j) Collecting data, conducting research, and holding public hearings;  (k) Making periodic  reports  to  the  governor  and  the  legislature recommending  policy and program directions and reviewing the activities of the office;  (l) Developing and promoting senior center based prevention programs;  (m) promoting best practices for abusive partner intervention;  (n) Administering grant  funds  appropriated  and  made  available  to support  compliance  with  article  one  hundred  twenty-nine-b  of  the education   law;   and   undertaking   such   actions,    duties,    and responsibilities as may be necessary to serve the purpose of article one hundred twenty-nine-b of the education law; and  (o)  Any  other activities including the making of and promulgation of rules and regulations deemed necessary to facilitate the  prevention  of domestic violence within the scope and purview of this article which are not otherwise inconsistent with any other provisions of law.    4.  Advisory council. (a) An advisory council is hereby established to make recommendations on domestic violence related issues  and  effective strategies  for  the  prevention  of domestic violence, to assist in the development  of  appropriate  policies  and  priorities  for   effective intervention,  public  education  and  advocacy,  and  to facilitate and assure communication and coordination of efforts  among  state  agencies and   between  different  levels  of  government,  state,  federal,  and municipal, for the prevention of domestic violence.  (b) The advisory council shall consist of nine members  and  seventeen ex-officio  members.  Each member shall be appointed to serve for a term of three years and shall continue in office until a successor  appointed member  is made. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member he or she is to succeed. All of the members shall be individuals with expertise  in  the  area  of  domestic violence.  Three members shall be appointed by the governor, two members shall be appointed upon the recommendation of the temporary president of the senate, two members shall be appointed upon  the  recommendation  of the  speaker  of  the  assembly,  one member shall be appointed upon the recommendation of the minority leader of  the  senate,  and  one  member shall be appointed upon the recommendation of the minority leader of the assembly.  The ex-officio members of the advisory board shall consist of the director of the  office,  who  shall  chair  the  council,  and  the following  members or their designees: the commissioner of the office of temporary and disability assistance; the commissioner of the  department of   health;   the   commissioner   of  the  education  department;  the commissioner of the office of mental health;  the  commissioner  of  the office  of  addiction  services  and  supports;  the commissioner of the division  of  criminal  justice  services;  the  superintendent  of  the division  of  state  police; the director of the office of probation and correctional alternatives; the commissioner of the  office  of  children and  family services; the director of the office of victim services; the chief administrative judge of the office of  court  administration;  the commissioner  of  the  department  of  labor;  the director of the state office for the aging; the commissioner of the department of  corrections and  community  supervision;  the  commissioner  of  homes and community renewal; the chief executive officer of the  New  York  state  coalition against  domestic  violence;  and the executive director of the New York state coalition against sexual assault.  (c) The advisory council shall meet as often as  deemed  necessary  by the chair but in no event less than two times per year.  (d)  The  members  of  the advisory council shall receive no salary or other  compensation  for  their  services  but  shall  be  entitled   to reimbursement   for  actual  and  necessary  expenses  incurred  in  the performance  of  their  duties  within   amounts   made   available   by appropriation  therefor  subject  to the approval of the director of the budget. The ex-officio members of the advisory council shall receive  no additional compensation for their services on the advisory council above the  salary  they  receive  from the respective departments or divisions that employ them.   5. Executive director. (a) The governor  shall  appoint  an  executive director of the office who shall serve at the pleasure of the governor.  (b) The executive director shall receive an annual salary fixed by the governor within the amounts appropriated specifically therefor and shall be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in connection with the performance of the director's duties.  (c) The director of the office, with the approval of the governor, may accept as agent of the state any grant, including federal grants, or any gift or donation for any of the purposes of this article. Any moneys  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.  (d)  The executive director shall appoint staff and perform such other functions to ensure the efficient operation of the office.   6. Assistance of other agencies. The  office  may  request  and  shall receive in a timely manner from any department, division, board, bureau, commission  or  agency  of the state, such information and assistance as shall enable it to properly carry out its powers and duties pursuant  to this article.   7.  Model  domestic violence policy for counties. (a) The office shall convene a task force of  county  level  municipal  officials,  municipal police  and  members  of  the  judiciary,  or their representatives, and directors of domestic violence programs, including representatives  from a  statewide  advocacy  organization  for  the  prevention  of  domestic violence, to develop a model domestic violence policy for counties.  For the  purposes  of this subdivision, "county" shall have the same meaning as such term is defined in section three of the county law, except  that the  city of New York shall be deemed to be one county. The office shall give due consideration to  the  recommendations  of  the  governor,  the temporary  president  of  the senate and the speaker of the assembly for participation by any person on the task force, and shall make reasonable efforts to assure regional balance in membership.  (b) The purpose of the model policy shall be  to  provide  consistency and  coordination  by  and  between  county  agencies  and  departments, including  criminal  justice  agencies  and  the  judiciary,   and,   as appropriate,  by municipalities or other jurisdictions within the county and other governmental agencies and departments, by assuring  that  best practices,  policies,  protocols  and procedures are used to address the issue of domestic violence, and to  secure  the  safety  of  the  victim including, but not limited to:  (i) response, investigation and arrest policies by police agencies;  (ii)   response   by   other   criminal  justice  agencies,  including disposition  of  domestic  violence   complaints,   the   provision   of information and orders of protection;  (iii)  response  by  human  services  and  health  agencies, including identification,  assessment,  intervention  and  referral  policies  and responses to victims and the perpetrators of domestic violence;  (iv)  training  and  appropriate  and  relevant  measures for periodic evaluation of community efforts; and  (v) other issues as shall be appropriate and  relevant  for  the  task force to develop such policy.  (c)  Such  model  policy shall be reviewed by the task force to assure consistency with existing law and shall be made the  subject  of  public hearings  convened  by  the office throughout the state at places and at times which are convenient for attendance by the public, after which the policy shall be reviewed by the task force and amended as  necessary  to reflect  concerns raised at the hearings. If approved by the task force, such model policy shall be provided as approved with explanation of  its provisions  to the governor and the legislature not later than two years after the effective  date  of  this  subdivision.  Notification  of  the availability of such model domestic violence policy shall be made by the office  to  every county in the state, and copies of the policy shall be made available to them upon request.  (d) The office in consultation  with  the  task  force,  providers  of service, the advisory council and others, including representatives of a statewide  advocacy  organization  for the prevention domestic violence, shall  provide  technical  support,  information  and  encouragement  to  counties  to  implement  the  provisions of the model policy on domestic violence.  (e)  Nothing  contained in this subdivision shall be deemed to prevent the governing body  of  a  county  from  designating  a  local  advisory committee  to  investigate  the  issues, work with providers of domestic violence programs and other  interested  parties,  and  to  aid  in  the implementation   of  the  policy  required  by  this  subdivision.  Such governing body or advisory  committee  may  request  and  shall  receive technical  assistance  from  the  office  for  the development of such a policy. Implementation of the model domestic violence  policy  may  take place  in  a  form  considered  appropriate  by  the governing body of a county, including guidelines, regulations and local laws.  (f) The office shall survey county governments within  four  years  of the  effective  date  of  this  subdivision  to  determine  the level of compliance with the model domestic violence policy, and shall take  such steps   as   shall  be  necessary  to  aid  county  governments  in  the implementation of such policy.   8. State domestic violence policy. (a) The office shall  survey  every state  agency to determine any activities, programs, rules, regulations, guidelines or statutory requirements that  have  a  direct  or  indirect bearing  on  the  state's  efforts and abilities to address the issue of domestic violence including,  but  not  limited  to,  the  provision  of services  to  victims  and  their  families.  Within  two  years  of the effective date of  this  subdivision,  the  office  shall  compile  such information   and  provide  a  report,  with  appropriate  comments  and recommendations, to the governor and the legislature. For  the  purposes of  this subdivision, "state agency" shall have the same meaning as such term is defined in section two-a of the state finance law.  (b) Within three years of the effective date of this  subdivision  the office  shall recommend a state domestic violence policy consistent with statute and best practice, policies, procedures  and  protocols  to  the governor  and the legislature. The purpose of such model policy shall be to provide consistency and coordination by and  between  state  agencies and departments to address the issue of domestic violence. In developing such  model  policy,  the office shall consult with a statewide advocacy organization for the prevention of domestic violence, and  shall  assure that the advisory council reviews all data and recommendations and shall not  submit  such  model  policy until approved by the advisory council. Such recommendations shall be provided exclusive of any study or  report the office is required to undertake pursuant to a chapter of the laws of nineteen  hundred  ninety-four,  entitled  "the  family  protection  and domestic violence intervention act of 1994".  (c) No state agency shall promulgate a  rule  pursuant  to  the  state administrative  procedure  act, or adopt a guideline or other procedure, including a request for proposals, directly or indirectly affecting  the provision  of services to victims of domestic violence, or the provision of  services  by  residential  or  non-residential   domestic   violence programs, as such terms are defined in section four hundred fifty-nine-a of  the  social  services  law, or establish a grant program directly or indirectly affecting such victims of domestic violence or  providers  of service,  without  first  consulting the office, which shall provide all comments in response to such rules, guidelines or procedures in  writing directly  to  the  chief  executive  officer  of  such  agency,  to  the administrative regulations  review  committee  and  to  the  appropriate committees  of the legislature having jurisdiction of the subject matter addressed within two weeks of receipt thereof, provided that failure  of the  office to respond as required herein shall not otherwise impair the ability of such state agency to promulgate a rule. This paragraph  shall  not  apply  to  an  appropriation  which  finances  a  contract  with  a not-for-profit organization which has been identified for a state agency without the use of a request for proposals.   9.  Model  domestic violence employee awareness and assistance policy. (a) The office shall convene a  task  force  including  members  of  the business  community,  employees, employee organizations, representatives from  the  department  of  labor  and  the  empire   state   development corporation,  and  directors  of  domestic  violence programs, including representatives of statewide advocacy organizations for  the  prevention of  domestic  violence,  to  develop  a model domestic violence employee awareness and assistance policy for businesses.   The office shall give due consideration to the recommendations of  the governor,  the temporary president of the senate, and the speaker of the assembly for participation by any person on the task  force,  and  shall make reasonable efforts to assure regional balance in membership.  (b)  The purpose of the model employee awareness and assistance policy shall be to  provide  businesses  with  the  best  practices,  policies, protocols  and procedures in order that they ascertain domestic violence awareness in the workplace, assist affected  employees,  and  provide  a safe   and  helpful  working  environment  for  employees  currently  or potentially experiencing the effects of  domestic  violence.  The  model plan shall include but not be limited to:  (i)  the  establishment  of  a  definite  corporate  policy  statement recognizing domestic violence as a workplace issue as well as  promoting the need to maintain job security for those employees currently involved in domestic violence disputes;  (ii)  policy  and  service publication requirements, including posting said policies and service availability  pamphlets  in  break  rooms,  on bulletin boards, restrooms and other communication methods;  (iii)  a listing of current domestic violence community resources such as  shelters,  crisis  intervention  programs,   counseling   and   case management  programs,  legal  assistance  and advocacy opportunities for affected employees;  (iv) measures to ensure workplace safety including, where appropriate, designated  parking  areas,  escort  services  and   other   affirmative safeguards;  (v)  training programs and protocols designed to educate employees and managers in how to recognize, approach and assist employees experiencing domestic violence, including both victims and batterers; and  (vi) other issues as shall be appropriate and relevant  for  the  task force in developing such model policy.  (c)  Such  model  policy shall be reviewed by the task force to assure consistency with existing law and shall be made the  subject  of  public hearings  convened  by  the office throughout the state at places and at times which are convenient for attendance by the public, after which the policy shall be reviewed by the task force and amended as  necessary  to reflect  concerns raised at the hearings. If approved by the task force, such model policy shall be provided as approved with explanation of  its provisions  to  the governor and the legislature not later than one year after the effective date of this  subdivision.  The  office  shall  make every  effort  to  notify  businesses  of the availability of such model domestic violence employee awareness and assistance policy.  (d) The office in consultation  with  the  task  force,  providers  of services,  the  advisory  council,  the  department of labor, the empire state development corporation, and representatives of statewide advocacy organizations for the prevention of  domestic  violence,  shall  provide technical  support,  information,  and  encouragement  to  businesses to  implement  the  provisions  of  the  model  domestic  violence  employee awareness and assistance policy.  (e)  Nothing  contained in this subdivision shall be deemed to prevent businesses from adopting their own domestic violence employee  awareness and assistance policy.  (f)  The  office  shall  survey  businesses  within  four years of the effective date of this section to determine the level  of  model  policy adoption  amongst  businesses  and shall take steps necessary to promote the further adoption of such policy.   10. Fatality review team. (a) There shall be  established  within  the office  a  fatality  review  team  for  the  purpose  of  analyzing,  in conjunction with local  representation,  the  domestic  violence-related death or near death of individuals, with the goal of:  (i)  examining  the  trends  and patterns of domestic violence-related fatalities in New York state;  (ii) educating the public, service providers, and  policymakers  about domestic   violence  fatalities  and  strategies  for  intervention  and prevention; and  (iii) recommending policies, practices, procedures,  and  services  to reduce fatalities due to domestic violence.  (b)  A  domestic  violence-related  death or near death shall mean any death or near death caused by a family or household member as defined in section eight hundred twelve of the family court act or  section  530.11 of  the  criminal procedure law, except that there shall be no review of the death or near death of a child for those cases in which  the  office of  children  and family services is required to issue a fatality report in accordance with subdivision five of  section  twenty  of  the  social services law.  (c)  The  team  shall  review deaths or near deaths in cases that have been adjudicated and have received a final judgment  and  that  are  not under investigation.  (d)  Members  of  a  domestic  violence  fatality review team shall be appointed by the executive director, in consultation with  the  advisory council,  and  shall  include, but not be limited to, one representative from the office of children and family services, the office of temporary and disability assistance, the division of  criminal  justice  services, the  state  police,  the  department  of  health,  the  office  of court administration, the office of probation and  correctional  alternatives, the  department  of corrections and community supervision, the office of victim services, at least one representative from local law enforcement, a county prosecutor's office, a local social services district, a member of the judiciary, and a domestic violence services program  approved  by the office of children and family services. A domestic violence fatality review  team  may  also  include  representatives  from  sexual  assault services programs, public health,  mental  health  and  substance  abuse agencies,  hospitals, clergy, local school districts, local divisions of probation, local offices of the department of corrections and  community supervision,  the  office  of the medical examiner or coroner, any local domestic violence task force, coordinating council or other  interagency entity  that meets regularly to support a coordinated community response to domestic violence,  any  other  program  that  provides  services  to domestic  violence victims, or any other person necessary to the work of the team, including survivors of domestic violence.  (e) The team shall identify potential cases  and  shall  select  which deaths or near deaths will be reviewed each year. Localities may request that the team conduct a review of a particular death or near death.  (f)  The  team  shall work with officials and organizations within the community where the death or near death occurred to conduct each review.  (g) Team members shall serve without compensation but are entitled  to be  reimbursed  for  travel  expenses to the localities where a fatality review will be conducted and members who are full-time salaried officers or employees of the state or of any political subdivision of  the  state are entitled to their regular compensation.  (h)  To  the extent consistent with federal law, upon request the team shall be provided client-identifiable information and records  necessary for the investigation of a domestic violence-related death or near death incident, including, but not limited to:  (i) records maintained by a local social services district;  (ii)  law  enforcement  records,  except  where  the provision of such records would interfere with an ongoing law enforcement investigation or identify a confidential source or endanger the safety or welfare  of  an individual;  (iii) court records;  (iv) probation and parole records;  (v)  records  from  domestic  violence  residential or non-residential programs;  (vi)  records  from  any  relevant  service   provider,   program   or organization; and  (vii)  all other relevant records in the possession of state and local officials or agencies provided, however, no official or agency shall  be required  to provide information or records concerning a person charged, investigated or convicted in such death or near death  in  violation  of such person's attorney-client privilege.  (i)  Any  information or records otherwise confidential and privileged in accordance with state law which are provided to the team shall remain confidential  as  otherwise  provided  by  law.  All  records  received, meetings  conducted,  reports  and  records  made and maintained and all books and papers obtained by the team shall be  confidential  and  shall not  be open or made available, except by court order or as set forth in paragraphs (k) and (l) of this subdivision.  (j) Any person who releases or permits the release of any  information protected under paragraph (i) of this subdivision to persons or agencies not  authorized to receive such information shall be guilty of a class A misdemeanor.  (k) Team members and persons who present information to the team shall not be questioned in any civil  or  criminal  proceeding  regarding  any opinions  formed  as  a result of a meeting of the team. Nothing in this section shall be construed to prevent a person  from  testifying  as  to information  which  is obtained independently of the team or information which is public.  (l) Team members are not liable for damages or  other  relief  in  any action brought by reason of the reasonable and good faith performance of a duty, function, or activity of the team.  (m) Consistent with all federal and state confidentiality protections, the  team  may  provide  recommendations to any individual or entity for appropriate actions  to  improve  a  community's  response  to  domestic violence.  (n)  The  team  shall  periodically  submit a cumulative report to the governor and the legislature incorporating  the  aggregate  data  and  a summary  of  the general findings and recommendations resulting from the domestic  violence  fatality  reviews   completed   pursuant   to   this subdivision. The cumulative report shall thereafter be made available to the   public,   consistent   with   federal  and  state  confidentiality protections.