2023 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,
including children under twelve years of age who do not fall  under  the
definition  of  juvenile  delinquent  pursuant  to subparagraph (iii) of
paragraph (a) of subdivision one of section 301.2 of  the  family  court
act  and  whose  behavior, but for their age would bring them within the
jurisdiction of the family court pursuant to article three of the family
court act, 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;
(h)   Consult  with  the  state  commission  of  correction  regarding
correctional training programs; and
(i) Develop, maintain and disseminate written policies and  procedures
and  educational  materials  regarding the availability of and procedure
for filing extreme risk protection orders under article sixty-three-A of
the civil practice law and rules, including the requirements for  police
officers   under   section  six  thousand  forty-one  of  such  article,
appropriately instruct any agency that employs police or peace  officers
regarding article sixty-three-A of the civil practice law and rules.
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.
7. The council shall, in addition:
(a)  Develop,  maintain  and  disseminate,  in  collaboration with the
office of victim services, a model law  enforcement  death  notification
policy  setting  forth  recommended  policies  and  procedures regarding
in-person death notifications to a deceased individual's  next  of  kin.
Such  policies  and  procedures  shall make provisions for education and
training  of  current  and  new  police  officers   in   the   planning,
preparation,  and  delivery  of in-person death notifications, including
but not limited to, policies and procedures for:
(i) the identification of the deceased individual, the  collection  of
accurate   information   regarding  the  deceased  individual,  and  the
identification of the deceased individual's next of kin; and
(ii) the actual delivery  of  in-person  death  notifications  to  the
deceased's   next   of   kin  within  twenty-four  hours  following  the
identification of such individual; provided, however, such policies  and
procedures  shall  provide  that,  in  the event that an in-person death
notification cannot be provided to the deceased individual's next of kin
within  such  timeframe, the failure or delay of such notification shall
be documented and such notification shall instead be  made  as  soon  as
practicable.
(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.
(c)  Disseminate  the  model law enforcement death notification policy
promulgated  in  accordance  with  this  subdivision   to   all   police
departments  in  this state and develop a model training program for all
current and new police officers regarding the  policies  and  procedures
established pursuant to such subdivision.