NY Exec L § 837 (2021)
2021 New York Laws EXC - Executive Article 35 - Division of Criminal Justice Services 837 - Functions, Powers and Duties of Division.

§ 837. Functions,  powers  and  duties of division. The division shall have the following functions, powers and duties:   1. Advise and assist the governor in developing  policies,  plans  and programs    for   improving   the   coordination,   administration   and effectiveness of the criminal justice system;   2. Make recommendations to agencies in the criminal justice system for improving their administration and effectiveness:   3. Act as the official state planning agency pursuant to  the  federal acts;  in  accordance  therewith, prepare, evaluate and revise statewide crime control and juvenile delinquency prevention and control plans; and receive and disburse funds from the federal government;   4. In cooperation with the state administrator of  the  unified  court system as well as any other public or private agency,  (a)  through  the central data facility collect, analyze, evaluate and disseminate statistical and other information and data; and  (b) undertake research, studies and analyses  and  act  as  a  central repository,  clearinghouse  and  disseminator  of  research  studies, in respect to criminal justice functions and any agency responsible  for  a criminal  justice function, with specific attention to the effectiveness of  existing  programs  and  procedures  for  the  efficient  and   just processing and disposition of criminal cases; and  (b-1)  collect  data  and  undertake research, studies and analyses of judicial diversion programs including but not limited  to  the  judicial diversion  program  described  in  article  two  hundred  sixteen of the criminal procedure law; and  (c) collect and analyze statistical and  other  information  and  data with  respect  to  the  number  of  crimes  reported  or known to police officers or peace officers, the  number  of  persons  arrested  for  the commission  of  offense,  the offense for which the person was arrested, the  county  within  which  the  arrest  was  made  and  the  accusatory instrument   filed,   the   disposition  of  the  accusatory  instrument including, but not limited to, as the case may be, dismissal, acquittal, the offense  to  which  the  defendant  pled  guilty,  the  offense  the defendant  was  convicted  of after trial, and the sentence; and where a firearm as defined in section 265.00 of the penal law  or  machine  gun, rifle  or  shotgun  comes  into  the custody of police officers or peace officers in the course of an investigation of such crime or offense, the make, model type, caliber and magazine or cylinder capacity of any  such firearm  and  whether  possession  of  such  firearm by the defendant is licensed or unlicensed and if  confiscated  at  arrest,  the  style  and manufacturer of any ammunition; and  (d)  Supply  data,  upon  request,  to  federal bureaus or departments engaged in collecting national criminal statistics; and  (e) Supply data, including confidential and  sealed  criminal  history record  information,  for  bona fide research purposes. Such information shall be disseminated in accordance with procedures established  by  the division  to  assure  the  security  and  privacy  of identification and information data, which shall include  the  execution  of  an  agreement which  protects  the  confidentiality  of the information and reasonably protects against data linkage to individuals; and  (e-1) Collect demographic data with respect to persons appointed as  a police   officer,  including  but  not  limited  to  racial  and  gender characteristics; and  (f) Accomplish all of the functions, powers, and duties set  forth  in paragraphs (a), (b), (c) and (d) of this subdivision with respect to the processing  and  disposition  of cases involving violent felony offenses specified in subdivision one of section 70.02 of the penal law.    4-a. In cooperation with the state administrator of the unified  court system  as  well  as  any  other  public  or private agency, collect and analyze statistical and all other information and data with  respect  to the number of environmental crimes and offenses in violation of articles twenty-seven,  thirty-seven  and  forty,  and  titles  twenty-seven  and thirty-seven of article seventy-one of  the  environmental  conservation law  reported  or known to the department of environmental conservation, the division of state police, and all other police  or  peace  officers, the number of persons arrested for the commission of said violation, the offense  for  which the person was arrested, the county within which the arrest was made and the accusatory instrument filed, the disposition  of the  accusatory  instrument filed, including, but not limited to, as the case may be, dismissal, acquittal, the offense to  which  the  defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence or monetary penalty levied, or the civil disposition of the offense if such offense was adjudicated by civil means.   4-b.  In  cooperation  with  any  public  or private agency or entity, collect and analyze statistical data and all other information and  data with  respect  to  the  number  of crimes and offenses committed against employees of the city of New  York  responsible  for  enforcing  certain regulations  in  such  city,  while  such  employees  were  enforcing or attempting to enforce such regulations and reported or known to any  law enforcement agency, the number of persons arrested for the commission of said offenses, the offense for which the person was arrested, the county within  which  the  arrest was made and the accusatory instrument filed, the disposition of the accusatory instrument filed,  including  but  not limited  to,  as  the  case may be, dismissal, acquittal, the offense to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the  sentence  or  other  penalty  levied.  For  the purposes  of  this  subdivision,  an  employee  of  the city of New York responsible for enforcing certain regulations in such city shall mean  a traffic enforcement agent or an employee of the department of sanitation who  is  authorized to issue notices of violation, summons or appearance tickets.   4-c. In cooperation with the chief administrator of the courts as well as any  other  public  or  private  agency,  including  law  enforcement agencies,  collect and analyze statistical and all other information and data  with  respect  to  the  number  of  hate  crimes  reported  to  or investigated  by  the  division of state police, and all other police or peace officers, the number of persons arrested  for  the  commission  of such  crimes,  the offense for which the person was arrested, the county within which the arrest was made and the  accusatory  instrument  filed, the  disposition  of the accusatory instrument filed, including, but not limited to, as the case may be, dismissal,  acquittal,  the  offense  to which the defendant pled guilty, the offense the defendant was convicted of after trial, and the sentence imposed. The division shall include the statistics  and  other  information  required by this subdivision in the annual report submitted to the  governor  and  legislature  pursuant  to subdivision twelve of this section.   5. Conduct studies and analyses of the administration or operations of any  criminal  justice agency when requested by the head of such agency, and make the results thereof available for the benefit of such agency;   5-a. Undertake to furnish or make available to the district  attorneys of  the  state  such supportive services and technical assistance as the commissioner and any one or more of the district attorneys  shall  agree are  appropriate  to  promote  the effective performance of his or their prosecutorial functions.    6.  Establish,  through  electronic  data   processing   and   related procedures, a central data facility with a communication network serving qualified  agencies  anywhere  in the state, so that they may, upon such terms and conditions as the commissioner, and the appropriate  officials of  such  qualified  agencies  shall  agree, contribute information and, except as provided in subdivision two of section  306.2  of  the  family court  act,  have  access  to  information contained in the central data facility, which shall include but not be limited to such information  as criminal  record,  personal  appearance data, fingerprints, photographs, and handwriting samples;   6-a. Upon request, provide an incarcerated individual of the state  or local  correctional  facility, at no charge, with a copy of all criminal history information maintained on file by  the  division  pertaining  to such incarcerated individual.   7.  Receive,  process  and  file  fingerprints,  photographs and other descriptive data for the purpose of establishing identity  and  previous criminal record;   7-a.  Receive,  process  and  file orders granting a change of name to persons convicted of a felony subject to the provisions  of  subdivision two of section sixty-one of the civil rights law;   8.  Adopt  appropriate  measures to assure the security and privacy of identification and information data;   8-a. Charge a fee when, pursuant to statute or the regulations of  the division,  it  conducts  a  search  of  its criminal history records and returns  a  report  thereon  in  connection  with  an  application   for employment or for a license or permit. The division shall adopt and may, from  time  to  time,  amend  a  schedule of such fees which shall be in amounts determined by the division to be reasonably related to the  cost of  conducting  such  searches  and returning reports thereon but, in no event, shall any such fee exceed twenty-five dollars and  an  additional surcharge  of  fifty  dollars.  The  comptroller is hereby authorized to deposit such fees into the general fund,  provided,  however,  that  the monies received by the division of criminal justice services for payment of  the  additional surcharge shall be deposited in equal amounts to the general fund  and  to  the  fingerprint  identification  and  technology account.  Notwithstanding  the foregoing, the division shall not request or accept any fee for searching its records  and  supplying  a  criminal history  report  pursuant  to  section  two  hundred  fifty-one-b of the general business law relating to participating in flight instruction  at any  aeronautical  facility,  flight  school  or  institution  of higher learning.   8-b. Notwithstanding any other  provision  of  law  to  the  contrary, charge  a  fee  for  the provision of agency materials and publications, conferences,  criminal  history  record  reviews,  legal  services,  the provision of services to analyze or prepare data that is not prepared in the  ordinary  course  of  business,  the  provision of information in a computerized  format,  the  application  for  approval  and  renewal  of security  guard  training  schools  and  the  certification  and renewal certification of security guard instructors, the service and  repair  of municipal law enforcement agency equipment and collect reimbursement and other  moneys. Such fees shall be reasonably related to the actual costs incurred, including the costs of salaries, computer time,  shipping  and handling,  as  appropriate.  The  comptroller  is  hereby  authorized to deposit such fees into the general fund effective  August  thirty-first, nineteen hundred ninety-six.   8-c.  Notwithstanding  the  provisions of section one hundred three of the general municipal law, section one hundred seventy-four of the state finance law and any other general, special or local law to the contrary,  any officer, board or agency of a political subdivision or state  agency authorized  to  make  purchases of materials, equipment or supplies, may make such purchases of statewide  automated  fingerprint  identification system-related  materials,  equipment or supplies, through the agreement executed between the division and North American  Morpho  Systems,  Inc. Notwithstanding  any  other  law  to the contrary, the division shall be authorized to enter into voluntary cost-sharing arrangements with  local criminal  justice  agencies for expanded facsimile services and criminal justice  information  access   through   the   criminal   justice   data communications network.   9.  Accept,  agree  to accept and contract as agent of the state, with the approval of the governor, any grant, including  federal  grants,  or any gift for any of the purposes of this article;   10.  Accept, with the approval of the governor, as agent of the state, any gift, grant, devise or bequest, whether conditional or unconditional (notwithstanding the provisions of section eleven of the  state  finance law), including federal grants, for any of the purposes of this article. Any monies 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   monies appropriated for the purposes of this article;   11.   Enter   into  contracts  with  any  person,  firm,  corporation, municipality, or governmental agency;   12. Make an annual report to the governor and  legislature  concerning its  work during the preceding year, and such further interim reports to the governor, or to the governor  and  legislature,  as  it  shall  deem advisable, or as shall be required by the governor;   13.  Adopt,  amend  or  rescind  such  rules and regulations as may be necessary or convenient to the performance of the functions, powers  and duties of the division;   14.  Do  all  other  things  necessary  or convenient to carry out the functions, powers and duties expressly set forth in this article.   15. Promulgate, in  consultation  with  the  superintendent  of  state police and the state office for the prevention of domestic violence, and in  accordance  with paragraph (f) of subdivision three of section eight hundred  forty  of  this  article,  a  standardized  "domestic  violence incident  report  form"  for  use  by  state  and  local law enforcement agencies in the reporting, recording and investigation  of  all  alleged incidents  of domestic violence, regardless of whether an arrest is made as a result of such  investigation.  Such  form  shall  be  prepared  in multiple  parts,  one  of  which  shall  be  immediately provided to the victim, and shall include designated spaces for: the recordation of  the results of the investigation by the law enforcement agency and the basis for  any  action  taken;  the  recordation  of a victim's allegations of domestic violence; the age and gender of  the  victim  and  the  alleged offender  or  offenders; and immediately thereunder a space on which the victim may sign and verify such victim's allegations.  Such  form  shall also include, but not be limited to spaces to identify:  (a)  what  other  services  or  agencies, including but not limited to medical, shelter, advocacy and other supportive  services  are  or  have previously been involved with the victim; and  (b)  whether  the  victim  has  been  provided with the written notice described in subdivision five of section eight  hundred  twelve  of  the family  court  act and subdivision six of section 530.11 of the criminal procedure law.   16. Operate a toll-free twenty-four hour telephone number that members of the public may call to obtain information as to  resources  available to the public to assist in the location and recovery of missing persons.  Such toll-free telephone line may be operated by the division as part of the  toll-free  telephone  line  established  pursuant  to section eight hundred  thirty-seven-f  of  this   article.   Furthermore,   all   such information relating to the locating and recovery of missing persons may be  included  on  the  division homepage established pursuant to section eight hundred forty-three of this article.   17. In consultation with the district attorneys, develop and operate a witness  protection   program.   Within   the   amounts   available   by appropriation,   such  program  shall  provide  assistance  to  district attorneys in protecting witnesses and victims,  including  their  family members,  who  may  suffer  physical  or emotional harm, intimidation or retaliatory violence as a result of the cooperation of  the  witness  or victim  with  law  enforcement, with a particular emphasis on vulnerable witnesses and victims, including witnesses to and  victims  of  domestic violence  and  sexual  exploitation and witnesses and victims testifying against violent or dangerous defendants. Such  assistance  may  include, but  not  be limited to, administrative measures to: (a) facilitate name changes and receipt of new identification documents  for  witnesses  and victims  in  appropriate  cases;  and  (b) provide a range of protective services, including, when necessary, relocating victims  and  witnesses, and their family members. The division may enter into contracts with any person,  firm, corporation, not-for-profit entity or governmental agency to provide administrative oversight and assistance in the  operation  of this  program,  may issue appropriate guidelines and may adopt, amend or rescind any rules and regulations as may be necessary or  convenient  to the  operation  of  the  program. These guidelines and regulations shall include  a  process  by  which  district   attorneys   may   apply   for reimbursement of the costs of providing witness protection services.   18.  In  cooperation  with  any  public  or  private agency or entity, undertake to make and furnish an instructional  video  relating  to  how sexual  predators  lure  children.  The  video  shall  be  geared toward parental information and education. The division shall distribute a copy of the video to all public libraries and police departments  for  public use and viewing.   19.  Receive  names  and  other  non-clinical  identifying information pursuant to section 9.46 of the mental hygiene law;  provided,  however, any  such  information shall be destroyed five years after such receipt, or pursuant to a proceeding brought under article seventy-eight  of  the civil  practice law and rules determining that an individual is eligible for a license pursuant to section 400.00 of the penal law and  otherwise permitted to possess a firearm.   20.  To assist the department of agriculture and markets in developing information  about  animal  cruelty  and  protection  laws  pursuant  to subdivision  forty-eight  of  section  sixteen  of  the  agriculture and markets law.   21. Promulgate a standardized and detailed written  protocol  that  is grounded   in   evidence-based  principles  for  the  administration  of photographic array and live lineup identification procedures for  police agencies  and  standardized  forms  for  use  by  such  agencies  in the reporting and recording of such identification procedure.  The  protocol shall address the following topics:  (a)  the  selection  of  photographic  array  and  live  lineup filler photographs or participants;  (b) instructions given to a witness before conducting  a  photographic array or live lineup identification procedure;  (c)  the  documentation  and preservation of results of a photographic array or live lineup identification procedure;  (d) procedures for eliciting and documenting the witness's  confidence in  his  or  her  identification  following a photographic array or live lineup identification procedure, in the event that an identification  is made; and  (e)  procedures  for administering a photographic array or live lineup identification procedure in a manner designed to  prevent  opportunities to influence the witness.   22.  (a) Maintain and annually update a list of offenses in states and territories of the United States other than New York that include all of the essential elements of a serious offense as  defined  by  subdivision seventeen  of  section  265.00  of  the  penal  law,  to  assist courts, licensing authorities and others in determining which offenses  in  such other  states  and territories qualify as a serious offense for purposes of  article  two  hundred  sixty-five  of  the  penal  law,  subdivision seventeen  of  section 265.00 of the penal law, and subdivision one-a of section 400.00 of the penal law. The division shall append to such  list of  offenses  a  disclaimer  that  such  list shall be for informational purposes only and is not intended to be a substitute for the  advice  of an attorney or counselor-at-law.  (b)  Such  updated  list  shall  be  prominently posted on the website maintained by the division. Each list shall bear the  date  of  posting, and  each posted and dated listing shall be separately maintained by the division as a record available to the public. The  first  list  compiled under  this  subdivision  shall be prominently posted by the division no later than nine months after the effective date of this subdivision.