2023 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 age of the person or persons arrested, the
number of custodial arrests and appearance tickets issued,  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. (a) In cooperation with the chief administrator of the courts  as
well  as  any  other public or private agency, including law enforcement
agencies, collect, maintain, analyze and make public 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 demographic data of the victim or victims of  such  crimes
including,  but  not limited to, race, color, national origin, ancestry,
gender, gender identity or  expression,  religion,  religious  practice,
age,  disability or sexual orientation of a person, the demographic data
of the person or persons arrested for  the  commission  of  such  crimes
including,  but  not limited to, race, color, national origin, ancestry,
gender, gender identity or  expression,  religion,  religious  practice,
age,  disability  or  sexual  orientation of a person, 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. Data collected shall be used
for  research  or  statistical  purposes  only  and  shall  not  contain
information that may reveal the identity of any individual. The division
shall  include  the  statistics  and  other information required by this
subdivision in an annual report submitted to the governor,  the  speaker

of the assembly, the temporary president of the senate, the chair of the
assembly  codes  committee, the chair of the senate codes committee, the
attorney general and the chief administrative judge  of  the  office  of
court administration. Such annual reports shall be a public record.
(b)  The  division shall promulgate regulations related to the use and
collection of a "hate crime  demographic  data  form".  The  regulations
shall  address  the  appropriate methods and timing of collection of the
demographic data included in paragraph  (a)  of  this  subdivision.  The
division  shall  consider  the  manner  of collection which will be most
conducive to respecting victims while collecting  necessary  information
that will assist the state in providing adequate victim support services
and  additional  programming  to  decrease  the  likelihood of such hate
crimes occurring,  and  best  practices  for  collection  of  the  data.
Information  disclosed on the hate crime victim demographic data form or
the hate crime defendant demographic data form shall  be  used  only  to
assist  the division in complying with paragraph (a) of this subdivision
and shall not be used in any administrative or judicial proceeding.
(c) As used in this section, the term "gender identity or  expression"
shall  have  the same meaning as defined in paragraph (c) of subdivision
four of section 485.05 of the penal law.
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.
23. (a) In conjunction with the superintendent of  the  state  police,
promulgate  policies  and  procedures  with regard to standardization of
firearms safety training required under subdivision nineteen of  section
400.00  of  the  penal  law,  which shall include the approval of course
materials and  promulgation  of  proficiency  standards  for  live  fire
training; and
(b)  In conjunction with the superintendent of state police, create an
appeals board  for  the  purpose  of  hearing  appeals  as  provided  in
subdivision  four-a  of  section  400.00 of the penal law and promulgate
rules and regulations governing such appeals.