2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 837-A - Additional Functions, Powers and Duties of the Division.

§ 837-a. Additional  functions,  powers and duties of the division. In
  addition to the functions, powers and duties otherwise provided by  this
  article, the division shall:
1. Collect and analyze statistical and other information and data with
  respect  to  the  number  of  persons  charged  with the commission of a
  felony, including, but not limited to, the felony provisions of articles
  twenty-seven,  thirty-seven  and  forty,  and  titles  twenty-seven  and
  thirty-seven  of  article  seventy-one of the environmental conservation
  law, article four of the insurance law, sections 176.15, 176.20,  176.25
  and 176.30 of the penal law relative to insurance fraud, as such term is
  defined  in section 176.05 of such law, by indictment or the filing of a
  superior court information, the felony with which the person was charged
  therein, the county  within  which  the  indictment  or  superior  court
  information  was  filed,  the  disposition  thereof  including,  but not
  limited to, as the case may be, dismissal,  acquittal,  the  offense  to
  which  the  defendant  pleaded  guilty,  the  offense  the defendant was
  convicted of after trial, and the sentence.
2. Present  to  the  governor,  temporary  president  of  the  senate,
  minority  leader of the senate, speaker of the assembly and the minority
  leader of the assembly a quarterly report containing the statistics  and
  other information required by subdivision one hereof. The initial report
  required  by  this paragraph shall be for the period beginning September
  first, nineteen hundred seventy-three and ending December  thirty-first,
  nineteen  hundred  seventy-three  and  shall  be presented no later than
  January  fifteen,  nineteen  hundred  seventy-four.   Thereafter,   each
  quarterly  report shall be presented no later than thirty days after the
  close of each quarter.
3. Present  to  the  governor,  temporary  president  of  the  senate,
  minority leader of the senate, speaker of the assembly, and the minority
  leader of the assembly a semi-annual report analyzing the processing and
  disposition  of cases covered by the provisions of a chapter of the laws
  of  nineteen  hundred  seventy-eight  relating  to  the  imposition   of
  mandatory  sentences  of  imprisonment  and plea bargaining restrictions
  upon violent felony  offenders,  second  violent  felony  offenders  and
  persistent  violent felony offenders. The report shall assess the effect
  of such law on the ability of the criminal justice system to  deal  with
  violent  crime,  and its impact on the resources of the criminal justice
  system, and shall make recommendations for any changes in such law which
  may be necessary  to  accomplish  its  objectives.  The  initial  report
  required by this subdivision shall be for the period beginning September
  first,  nineteen hundred seventy-eight and ending February twenty-eight,
  nineteen hundred seventy-nine and shall be presented no later than April
  first,  nineteen  hundred  seventy-nine.  Thereafter,  each  semi-annual
  report  shall  be presented no later than thirty days after the close of
  the six-month period.
4.  Collect,  analyze  and  maintain  all  reports,   statements   and
  transcripts  forwarded  to  the  division  concerning  the  reasons  for
  imposition of  a  sentence  other  than  an  indeterminate  sentence  of
  imprisonment  upon  an  armed  felony offender as defined in subdivision
  forty-one of section 1.20 of the criminal procedure law; the reasons for
  the removal of an action involving a juvenile offender,  as  defined  in
  subdivision  forty-two of section 1.20 of the criminal procedure law, to
  the family court; and the reasons for a finding that  a  youth  who  has
  been convicted of an armed felony offense is to be treated as a youthful
  offender.  Such  reports,  statements  and  transcripts  shall  be  made
  available for public inspection except that in the case  of  a  juvenile
  offender  or  a  youthful  offender,  those  portions which identify the
  offender shall be deleted.  The commissioner may promulgate  such  rules

  and regulations with respect to the form of such reports, statements and
  transcripts.
5.  Make  certain  that  such  statistical information relating to the
  commission  of  offenses   in   violation   of   article   twenty-seven,
  thirty-seven  or forty, or title twenty-seven or thirty-seven of article
  seventy-one of the environmental conservation law, article four  of  the
  insurance  law,  sections 176.15, 176.20, 176.25 and 176.30 of the penal
  law relative to insurance fraud, as such  term  is  defined  in  section
  176.05  of  such  law,  is  included  and  becomes a part of any and all
  published statistical studies on the occurrence of crime in  this  state
  or  crime  dispositions by the courts of this state or incarcerations in
  the correctional facilities of this state.
6. Present  to  the  governor,  temporary  president  of  the  senate,
  minority  leader of the senate, speaker of the assembly and the minority
  leader of the assembly  an  annual  report  analyzing  the  disposal  of
  property  forfeited  pursuant to the provisions of article thirteen-A of
  the civil practice law and rules and article four hundred eighty of  the
  penal law.  The initial report required by this subdivision shall be for
  the  period beginning November first, nineteen hundred ninety and ending
  May thirty-first, nineteen hundred ninety-one and shall be presented  no
  later  than  July  first,  nineteen hundred ninety-one. Thereafter, each
  annual report shall be presented  no  later  than  February  first.  The
  commissioner  may  promulgate  rules and regulations with respect to the
  form of such report.
7. Contract with an  organization  having  substantial  knowledge  and
  experience  in  the  prosecution  of  serious  criminal  matters for the
  development and  provision  of  continuing  legal  education,  training,
  advice  and  assistance  for  prosecutors  in the prosecution of capital
  cases and hate crimes.
8. Present  to  the  governor,  temporary  president  of  the  senate,
  minority  leader of the senate, speaker of the assembly and the minority
  leader  of  the  assembly  an  annual  report  about  the  function  and
  effectiveness  of  the Gun Involved Violence Elimination (GIVE) program.
  Such report shall include, but not be limited to, crime  data  obtained,
  analyzed  and  used  by  each  Gun  Involved Violence Elimination (GIVE)
  partnership  in  participating  counties  and  affected   municipalities
  including  the  number  of  arrests  made by law enforcement as a direct
  result of the Gun Involved Violence Elimination (GIVE) program including
  any available demographic information about  the  persons  arrested  and
  prosecuted   and   the  disposition  of  such  matters,  and  any  other
  information related to the program's effectiveness  in  reducing  crime.
  Such  report  shall  also  include  information  about  crime  reduction
  strategies  developed  by  Gun  Involved  Violence  Elimination   (GIVE)
  partnerships,  the  number of state police and department of corrections
  and  community  supervision  personnel  participating  in  Gun  Involved
  Violence  Elimination  (GIVE)  activities, and a description of training
  supplied to local Gun Involved Violence Elimination (GIVE) participants.
  The initial report required by this  paragraph  shall  be  presented  by
  December  thirty-first,  two thousand six.  Thereafter, an annual report
  shall be presented no later than December thirty-first of each year.
9. In consultation with the state commission  of  correction  and  the
  municipal  police  training  council,  establish  and maintain basic and
  other correctional training programs  for  such  personnel  employed  by
  correctional  facilities  as the commissioner shall deem necessary. Such
  basic correctional training program shall be satisfactorily completed by
  such personnel prior to their undertaking their  duties  or  within  one
  year  following  the  date  of their appointment or at such times as the
  commissioner may prescribe. Provided,  however,  the  commissioner  may,

  after  consultation with the state commission of correction, exempt from
  such requirement personnel employed by any correctional facility  which,
  in  the  opinion  of  the  commissioner,  maintains a basic correctional
  training  program of a standard equal to or higher than that established
  and maintained by the division; or revoke  in  whole  or  in  part  such
  exemption,  if  in  his  or  her  opinion  the  standards  of  the basic
  correctional training program maintained by such facility are lower than
  those established pursuant to this article.