NY Jud L § 216 (2021)
2021 New York Laws JUD - Judiciary Article 7-A - Judicial Administration 216 - Additional Duties of the Chief Administrator; Certain Cases.

§ 216. Additional duties of the chief administrator; certain cases. 1. The  chief  administrator  of the courts shall designate the appropriate persons, including but not limited to district attorneys,  criminal  and family  court  clerks,  corporation  counsels, county attorneys, victims assistance unit staff, probation officers, warrant  officers,  sheriffs, police  officers  or  any other law enforcement officials, to inform any petitioner bringing a proceeding under article eight of the family court act or a complainant  in  an  action  which  would  be  subject  to  the provisions  of section 530.11 of the criminal procedure law, before such proceeding or action is commenced, of the procedures available  for  the institution  of family offense proceedings, including but not limited to the following:  (a) That there is  concurrent  jurisdiction  with  respect  to  family offenses in both family court and the criminal courts;  (b)  That  a  family court proceeding is a civil proceeding and is for the purpose of attempting to keep the family unit intact. Referrals  for counseling,  or counseling services, are available through probation for this purpose;  (c) That a proceeding in the criminal courts is  for  the  purpose  of prosecution  of  the offender and can result in a criminal conviction of the offender;  (d) That a proceeding or action subject  to  the  provisions  of  this section  is  initiated  at  the  time  of  the  filing  of an accusatory instrument or filing a family court petition, not at the time of arrest, or request for arrest, if any;  (f) That an arrest may precede the commencement of a family court or a criminal court proceeding, but  an  arrest  is  not  a  requirement  for commencing either proceeding.   2.  No official or other person designated pursuant to subdivision one of this section shall discourage or prevent any  person  who  wishes  to file  a  petition  or  sign or initiate a proceeding in a criminal court from having access to any court for that purpose.   3. The chief administrator shall  prescribe  an  appropriate  form  to implement subdivision two of this section.   4.  The  chief  administrator  of  the  courts  shall  collect data in relation to the number  of  cases  in  which  the  basic  child  support obligation,  as  defined  in  section  two hundred forty of the domestic relations law and section four hundred thirteen of the family court act, was ordered; the number of cases in which the order deviated  from  such basic  child support obligation and the reasons therefor; the incomes of the parties; the number of children, and the  amount  of  child  support awarded  pursuant  to  the  child  support standards act; and amounts of alimony or maintenance, or allocations of property included in orders or judgments that include a provision for child  support  pursuant  to  the child support standards act, and shall report such data to the temporary president  of  the  senate, speaker of the assembly, chairpersons of the judiciary and children and families committees, and the governor  on  or before the first day of April of each year. In collecting such data, the chief  administrator shall not disclose the identities of the parties or disclose information that would tend to reveal  the  identities  of  the parties.   * 5.  The  chief  administrator of the courts, in conjunction with the division of criminal justice services, shall  collect  data  and  report every six months regarding pretrial release and detention. Such data and report  shall  contain  information  categorized  by  gender, racial and ethnic background;  regarding  the  nature  of  the  criminal  offenses, including the top charge of each case; the number and type of charges in each  defendant's criminal record; the number of individuals released on  recognizance;  the  number  of  individuals  released  on   non-monetary conditions,  including the conditions imposed; the number of individuals committed to the custody of a sheriff  prior  to  trial;  the  rates  of failure   to   appear  and  rearrest;  the  outcome  of  such  cases  or dispositions; the length of the pretrial detention stay  and  any  other such information as the chief administrator and the division of criminal justice  services  may find necessary and appropriate. Such report shall aggregate the data collected by county; court, including city, town  and village  courts;  and judge. The data shall be disaggregated in order to protect the identity of  individual  defendants.  The  report  shall  be released  publicly  and published on the websites of the office of court administration and the division of criminal justice services. The  first report  shall  be  published  twelve months after this subdivision shall have become a law, and shall include data  from  the  first  six  months following  the enactment of this section. Reports for subsequent periods shall be published every six months thereafter.   * NB There are 2 sb 5's   * 5. The chief administrator of the courts, in  conjunction  with  the division  of  criminal  justice  services, shall collect data and report annually regarding the impact of article two hundred forty-five  of  the criminal  procedure  law. Such data and report shall contain information regarding the implementation of article two hundred  forty-five  of  the criminal  procedure  law,  including  procedures  used  to implement the article, resources  needed  for  implementation,  information  regarding cases where discovery obligations are not met, and information regarding case  outcomes.  The  report shall be released publicly and published on the websites of the office of court administration and the  division  of criminal  justice services. The first report shall be published eighteen months after the effective date of this section, and shall include  data from  the  first  twelve months following the enactment of this section. Reports for subsequent years shall published annually thereafter.   * NB There are 2 sb 5's