reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6151 - Access To Personal Information › Section 6151.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				  personal information is denied in whole or in part upon appeal, the
				  determination rendered pursuant to the appeal shall inform the data subject of
				  the right to:
(1) file with the agency a
				  statement of reasonable length setting forth the data subject's reasons for
				  disagreement with the determination;
(2) request that such a statement of
				  disagreement be provided to any person or governmental unit to which the record
				  has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision
				  (1) of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6151 - Access To Personal Information › Section 6151.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				  otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6151 - Access To Personal Information › Section 6151.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstance is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons and
					 circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of chapter 50 of the Laws
					 of 1989 this Part will establish the policy for setting fees to be paid for
					 publications and other services provided by the Division of Criminal Justice
					 Services, Bureau of Prosecution Services. The actual fee structure will be
					 subject to approval by the Director of the New York State Division of the
					 Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.2 - Publications and videotapes

Current through Register Vol. 46, No. 28, July 10, 2024
Fees for copies of Bureau of Prosecution Services'
					 publications and videotapes shall be in amounts not to exceed the estimated
					 cost of developing, printing and reproducing such materials, plus postage or
					 shipping, where applicable. A list of current publications available and costs
					 therefor will be furnished upon request. Contact the Bureau of Prosecution
					 Services at the Division of Criminal Justice Services, Executive Park Tower,
					 Stuyvesant Plaza, Albany, NY 12203, (518) 457-8413.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.3 - Seminars

Current through Register Vol. 46, No. 28, July 10, 2024
The fee to be charged for attending any seminar conducted
					 or sponsored by the Bureau of Prosecution Services shall be in an amount not to
					 exceed the projected per capita cost of conducting each seminar. Such fee shall
					 also include the cost of all seminar-related printed
					 material.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.4 - Appellate representation services

Current through Register Vol. 46, No. 28, July 10, 2024
A graduated fee, based on the projected cost of preparing
					 individual appellate briefs or for other related appellate representation
					 services, will be quoted and assessed in advance of providing such services.
					 The fee to be assessed for appellate representation services will be based on
					 the complexity and number of legal issues raised and the length of the
					 transcripts contained in the record on appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.5 - Payment

Current through Register Vol. 46, No. 28, July 10, 2024
Payment for publications, seminars, and other services
					 provided by the Bureau of Prosecution Services shall be made by government
					 check, government voucher, or attorney's check only, payable to the Division of
					 Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6155 - Bureau Of Prosecution Services-fees › Section 6155.6 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of the Division of Criminal Justice
					 Services in the exercise of discretion may waive any fee or portion thereof
					 upon the showing of good cause.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6157 - Limits On Administrative Expenses And Executive Compensation › Section 6157.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement Executive Order
					 No. 38, issued by Governor Andrew Cuomo on January 18, 2012, by exercising the
					 authority of the Commissioner of the Division of Criminal Justice Services to
					 issue regulations governing the use of State funds and State-authorized
					 payments in connection with providing program services to members of the
					 public. E.O. No. 38 provides for a limit on administrative expenses and
					 executive compensation of providers of program services in order to meet the
					 State's ongoing obligation to ensure the proper use of taxpayer dollars and the
					 most effective provision of such services to the public.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6157 - Limits On Administrative Expenses And Executive Compensation › Section 6157.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Administrative expenses are those
				  expenses authorized and allowable pursuant to applicable agency regulations,
				  contracts or other rules that govern reimbursement with State funds or
				  State-authorized payments that are incurred in connection with the covered
				  provider's overall management and necessary overhead that cannot be attributed
				  directly to the provision of program services.
(1) Such expenses include, but are not
				  limited to the following expenses, if otherwise authorized and allowable
				  pursuant to applicable agency regulations, contracts or other rules that govern
				  reimbursement with State funds or State-authorized payments:
(i) that portion of the salaries and benefits
				  of staff performing administrative and coordination functions that cannot be
				  attributed to particular program services, including but not limited to the
				  executive director or chief executive officer, financial officers such as the
				  chief financial officer or controller and accounting personnel, billing,
				  claiming or accounts payable and receivable personnel, human resources
				  personnel, public relations personnel, administrative office support personnel,
				  and information technology personnel, where such expenses cannot be attributed
				  directly to the provision of program services;
(ii) that portion of legal expenses that
				  cannot be attributed directly to the provision of program services;
				  and
(iii) that portion of expenses
				  for office operations that cannot be attributed directly to the provision of
				  program services, including telephones, computer systems and networks,
				  professional and organizational dues, licenses, permits, subscriptions,
				  publications, audit services, postage, office supplies, conference expenses,
				  publicity and annual reports, insurance premiums, interest charges and
				  equipment that is expensed (rather than depreciated) in cost reports, where
				  such expenses cannot be attributed directly to the provision of program
				  services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6157 - Limits On Administrative Expenses And Executive Compensation › Section 6157.4 - Limits on executive compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Limits on executive compensation. Except
				  if a covered provider has obtained a waiver pursuant to section
				  6157.5  of this Part, a
				  covered provider as defined in this regulation shall not use State funds or
				  State-authorized payments for executive compensation given directly or
				  indirectly to a covered executive in an amount greater than $199,000 per annum,
				  provided, however, that the division shall review this figure annually to
				  determine whether adjustment is necessary based on appropriate factors and
				  subject to the approval of the Director of the Division of the Budget.
				  Commencing on July 1, 2013, the limits on executive compensation pursuant to
				  this Part shall be effective and applicable to each covered provide on the
				  first day of each cover provider's respective covered period.
(b) Except if a covered provider has obtained
				  a waiver pursuant to section
				  6157.5  of this Part,
				  where a covered provider's executive compensation given to a covered executive
				  is greater than $199,000 per annum (including not only State funds and
				  State-authorized payments but also any other sources of funding), and either:
(1) greater than the 75th percentile of that
				  compensation provided to comparable executives in other providers of the same
				  size and within the same program service sector and the same or comparable
				  geographic area as established by a compensation survey identified, provided,
				  or recognized by the division and the Director of the Division of the Budget;
				  or
(2) was not reviewed and
				  approved by the covered provider's board of directors or equivalent governing
				  body (if such a board or body exists) including at least two independent
				  directors or voting members, (or, where a duly authorized compensation
				  committee including at least two independent directors or voting members
				  conducted such review on behalf of the full board, such actions were not
				  reviewed and ratified by such board), or such review did not include an
				  assessment of appropriate comparability data;
then such covered provider shall be subject to the
					 penalties set forth in section
					 6157.7  of this Part. To
					 determine whether a covered provider may be subject to penalties, such provider
					 shall provide, upon request by the commissioner or his or her designee,
					 contemporaneous documentation in a form and level of detail sufficient to allow
					 such determination to be made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6157 - Limits On Administrative Expenses And Executive Compensation › Section 6157.6 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting by
				  covered providers. Beginning after the effective date of this regulation,
				  covered providers shall complete and submit an E.O. No. 38 disclosure form for
				  each covered reporting period. Such form shall be submitted no later than 180
				  calendar days following the covered reporting period, unless otherwise
				  directed. Such form shall be submitted in the manner and form specified by the
				  commissioner or his or her designee. Covered providers shall further provide
				  the information requested in that form, and any other information requested,
				  upon the request of the commissioner or his or her designee at any time during
				  the term of or prior to the execution of any contract or agreement with such
				  provider.
(b) Covered providers
				  receiving State funds or State-authorized payments from county or local
				  government or from entity contracting on its behalf of such government must
				  report directly to the division as required by this section. The county or
				  local government shall advise such covered providers of their obligation to
				  report directly to the division under this section, but shall not be
				  responsible for receiving or forwarding such reports to the
				  department.
(c) Failure to report.
				  A covered provider's failure to submit a completed E.O. No. 38 disclosure form,
				  or to provide additional or clarifying information at the request of the
				  commissioner or his or her designee, may result in the termination or
				  non-renewal of a contract or agreement for State funds or State-authorized
				  payments.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter V - Neighborhood Preservation Crime Prevention Act › Part 6160 - Neighborhood Preservation Crime Prevention Act Guidelines › Section 6160.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Both types of applicants must also meet financial
					 eligibility as described in section
					 6160.4 
					 of this Part:
(a) any incorporated or
				  incorporated not-for-profit group within New York State which has been in
				  existence for at least one year within the three-year period prior to this
				  application, and which can demonstrate its ability to establish and maintain a
				  crime prevention program;
(b) any
				  municipality (incorporated or unincorporated city, town, or village in New York
				  State) which is applying for funds for auxiliary police crime prevention
				  activities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter V - Neighborhood Preservation Crime Prevention Act › Part 6160 - Neighborhood Preservation Crime Prevention Act Guidelines › Section 6160.3 - Types of activities fundable

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant must be seeking funds for development of new
					 programs or for continuation of existing successful ones. Whether new or old,
					 the program must address a high-priority crime problem which is of an
					 opportunistic, preventable nature. The high-priority crime problem will be
					 defined locally. The activities funded by this act should be designed to
					 heighten awareness of, and participation in, crime prevention by community
					 members. These crime prevention activities will stress the reduction of
					 opportunity for crime to occur and the increase of possibility for police
					 apprehension of criminals. Fundable activities by community members include,
					 but are not limited to:
neighborhood watch
business watch
tenant patrols
lobby patrols
auto, foot and street patrols
home, business security surveys
dissemination of crime prevention literature and
					 equipment
escort services
community outreach through publicity of anti-crime
					 techniques
postal alert
reassurance projects
safe house or block parent projects
school watch
operation I.D.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter V - Neighborhood Preservation Crime Prevention Act › Part 6160 - Neighborhood Preservation Crime Prevention Act Guidelines › Section 6160.4 - Prohibitions on funding and activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No funds awarded under this act shall be
				  spent to purchase firearms or other deadly weapons. No authorization exists
				  under this act for the possession, carrying, utilization, dissemination or
				  acquisition of firearms or other deadly weapons. These prohibitions apply
				  regardless of any appropriate licenses that may have been issued.
(b) No funds awarded under this act may be
				  spent on private guard services, including salaries, fees or expenses incurred
				  for the hiring of or for use by private guards. No funds may be spent to
				  purchase guard dogs or guard dog services.
(c) No funds awarded under this act may be
				  spent to pay for the drafting or execution of project proposals.
(d) No applicant receiving funds from any
				  other funds of the State will be eligible to receive funds under this act for
				  the same activities. No applicant receiving or eligible to receive funds for
				  support of crime prevention activities under a State-funded "umbrella" program
				  may receive funds under this act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To provide objective standards for the fair and uniform
					 treatment of crime victims by criminal justice agencies in order to enhance
					 delivery of needed services to crime victims, encourage increased public
					 cooperation and support of the criminal justice process, improve the overall
					 effectiveness of the criminal justice system as it concerns crime victims and
					 the public in general, help insure that criminal justice agencies treat crime
					 victims and witnesses with dignity and understanding, and serve as a model for
					 the treatment of victims and witnesses by all agencies of
					 government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Criminal
				  justice agency includes any agency or department of the State or any political
				  subdivision thereof which performs a criminal justice function.
(b) Crime shall mean a misdemeanor or a
				  felony as defined in the Penal Law or section 1192  of the Vehicle and Traffic
				  Law.
(c) Criminal justice function
				  shall include the prevention, detection and investigation of the commission of
				  a crime; the apprehension of a person for the alleged commission of a crime;
				  the detention of a person charged with a crime prior to the disposition of the
				  charge; the release on recognizance or bail of such person by a law enforcement
				  agency; the prosecution of a person charged with a crime; the detention of a
				  person convicted of a crime prior to sentencing; probation, incarceration,
				  and/or parole; and the prosecution of proceedings in a court subsequent to a
				  judgment of conviction relating thereto.
(d) Crime victim shall mean a natural person
				  against whom any crime as defined in this section has been committed or
				  attempted. Crime victim shall include the immediate family of a homicide victim
				  or the immediate family or guardian of a minor who is a crime victim. In no
				  case shall a victim include a defense witness or an individual reasonably
				  believe to have been involved in the commission of the crime.
(e) Witness shall mean a natural person who
				  has evidence or information concerning a crime and who provides such evidence
				  or information to a criminal justice agency. Where the witness is a minor,
				  witness shall include an immediate family member or guardian. In no case shall
				  a witness include defense witnesses or those individuals reasonably believed to
				  have been involved in the commission of the crime.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.4 - Criminal justice agency responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
The primary agency shall be the criminal justice agency
					 which has contact with the victim.
(a)
(1) For applicable cases in which no arrest
				  has been made, the police agency having responsibility for the case shall
				  generally be the primary agency responsible for implementation of these
				  standards.
(2) For applicable cases
				  in which an arrest has been made, primary responsibility for implementation of
				  these standards shall generally remain with the police agency responsible for
				  the case until the accused is brought before a court. Subsequent to this
				  appearance of the accused in court, the prosecutor's office or other criminal
				  justice agency having responsibility for the case shall generally be the
				  primary agency responsible for implementation of these standards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.5 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
Victim assistance education and training shall be given to
					 persons taking courses at State law enforcement training facilities and by
					 district attorneys so that victims may be promptly, properly and completely
					 assisted.
(a) The provisions of this
				  section shall apply to State-run and State-mandated general, comprehensive law
				  enforcement training programs, including basic and supervisory programs. The
				  provisions of this section shall also apply to similar comprehensive programs
				  given by district attorneys and by the Bureau of Prosecution and Defense
				  Services of the Division of Criminal Justice Services.
(b) Such training shall include, but not be
				  limited to, instruction in: crime victim compensation laws and procedures; laws
				  regarding victim and witness tampering and intimidation; restitution laws and
				  procedures; assessment of emergency needs of victims' assistance; the Fair
				  Treatment Standards for Crime Victims; as well as any other relevant
				  training.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.6 - Implementation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner of the Division of Criminal Justice Services and the chairman of
				  the Crime Victims Board shall assist criminal justice agencies in implementing
				  these standards.
(b) Nothing herein
				  shall prevent a criminal justice agency from using the services of another
				  public or private agency to assist them in implementing these
				  standards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6170 - Fair Treatment Standards For Crime Victims › Section 6170.7 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall be construed as creating a cause
					 of action for damages or injunctive relief against the State or any of its
					 political subdivisions or officers or any agency thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall apply to the funding of programs providing services to
				  eligible witnesses and to families of eligible witnesses to the extent
				  appropriate to achieve or maintain their security.
(b) Funds available for disbursement pursuant
				  to this Part shall include those funds appropriated by the State Legislature
				  and funds received by the State from any public or private agency or person,
				  including the Federal government for the purposes of crime witness protection
				  program services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				  witness. A victim of or a witness to a crime who has the need for witness
				  protection program services.
(b)
				  Family of eligible witness. Any person related to such person within the third
				  degree of consanguinity or affinity; any person maintaining a sexual
				  relationship with such person; or any person residing in the same household
				  with such person.
(c) Provider
				  agency. A partnership, corporation, association, municipality, governmental
				  agency, public or private organization of any character, including but not
				  limited to a police agency, the office of district attorney, or a
				  victim-witness assistance program, who provides one or more program services as
				  defined by this Part.
(d) Program
				  services. Those services necessary for the prevention of intimidation and the
				  protection of an eligible witness which may include, but shall not be limited
				  to: temporary relocation, changes in employment, transportation to and from
				  court, moving assistance, personal protection services, temporary lodging and
				  support services. Program services shall also mean services provided to the
				  family of an eligible witness where and to the extent appropriate to achieve or
				  maintain their security. The provider agencies shall consider, among other
				  factors, whether providing witness protection program services is likely to
				  ensure the availability of victims or witnesses to provide information to law
				  enforcement in the investigation and/or prosecution of the relevant crime or
				  crimes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.3 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  provider agency seeking funding pursuant to this Part shall prepare an
				  application on the form prescribed by the commissioner of the Division of
				  Criminal Justice Services. An original and four copies shall be submitted to
				  the contracts unit of the Division of Criminal Justice Services. All
				  applications must have the signed approval of the county executive or his
				  equivalent and be submitted through the criminal justice planner of the county
				  or region. If the county does not have such a planner, it must be submitted
				  through the county executive or an equivalent office. District attorneys may
				  submit applications directly to the Division of Criminal Justice Services upon
				  notification thereof to their respective county executives or criminal justice
				  planners. Only those applications which are totally completed will be
				  considered for funding.
(b)
				  Preference. Preference will be given to victim service agencies that provide
				  those services, including but not limited to temporary relocation, changes in
				  employment, transportation to and from court, moving assistance, temporary
				  lodging and support services necessary for the prevention of intimidation and
				  protection of eligible witnesses.
(c) Nonsupplantation. Funds provided to
				  successful applicants under this program shall be used to augment, not to
				  supplant, applicant's current funding for victim assistance or witness
				  protection services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.4 - Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner of the Division of Criminal Justice Services in consultation with
				  the Crime Victims Board shall select programs for funding pursuant to this Part
				  and shall determine the amount of funds to be disbursed for each program within
				  available appropriations.
(b) In
				  addition to the preference pursuant to section
				  6171.3(b) 
				  of this Part, the selection process shall require, but not be limited to,
				  consideration of these factors:
(1) the need
				  for the program in the geographical area served or to be served;
(2) the availability of other sources of
				  funding;
(3) whether such program
				  is likely to ensure the availability of victims or witnesses to provide
				  information to law enforcement in the investigation and/or prosecution of
				  relevant crime or crimes;
(4) the
				  established cooperation and coordination with the components of the criminal
				  justice system (i.e., police, district attorneys, courts, etc.);
(5) the established cooperation and
				  coordination with other service providers within the service area;
(6) how the nature of the services to be
				  rendered will enhance existing witness protection efforts;
(7) the nature of the services to be
				  rendered, the target population to be served by such services, and the cost
				  associated with rendering such services;
(8) the ability of applicant to administer
				  the program;
(9) the qualifications
				  and relevant experience of personnel administering the program (e.g., board of
				  directors), and the personnel staffing the program;
(10) the adequacy and costs of program
				  facilities; and
(11) established
				  fiscal controls which guarantee the proper handling and recording of program
				  funds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.5 - Payment

Current through Register Vol. 46, No. 28, July 10, 2024
Payment of funds pursuant to this Part shall be made
					 pursuant to contract entered into between the Division of Criminal Justice
					 Services and the award recipient service provider agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.6 - Program evaluation and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division of Criminal Justice Services
				  shall monitor and evaluate the effectiveness of each program receiving funds
				  pursuant to this Part.
(b) Each
				  grant recipient shall provide to the Division of Criminal Justice Services a
				  quarterly report which must contain certain, but not be limited to the
				  following, information concerning its program:
(1) total service requests
				  received;
(2) aggregate statistics
				  containing nonidentifying information regarding the number of eligible
				  witnesses served, and basic demographic information (e.g., age, sex,
				  ethnicity);
(3) referrals to other
				  agencies;
(4) the nature of the
				  cases for which services were provided and the outcome of the prosecution of
				  such cases;
(5) the types and costs
				  of the services provided and the justification for the specific services
				  selected;
(6) the amount of and
				  purpose for which monies were expended;
(7) a description of how the assistance
				  provided enhanced witness protection services;
(8) any information from the eligible
				  witnesses serviced, the police, victim-witness assistance programs or the
				  district attorney concerning the value of the services rendered and suggestions
				  for further improvements; and
(9)
				  any other information as required by the commissioner of the Division of
				  Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.7 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				  witness information. Information, files and records created pursuant to this
				  Part in the possession of provider agencies and related solely to service
				  provided by such agency are confidential and may not be disclosed by any
				  person. Such information, files and records are not subject to disclosure in
				  any judicial or administrative proceeding unless the court in which the
				  criminal proceeding is pending or was disposed of, upon notice to the district
				  attorney and an opportunity to be heard, determines that such disclosure would
				  not endanger the health, welfare or safety of the witness or the family of the
				  witness and is compelled by the interests of justice.
(b) Funding prohibition.
(1) No funds awarded pursuant to this Part
				  shall be used to purchase firearms or other deadly weapons. No authorization
				  exists under this Part for the possession, carrying, utilization, dissemination
				  or acquisition of firearms or other deadly weapons.
(2) No funds awarded pursuant to this Part
				  may be used on private guard services, including salaries, fees or expenses
				  incurred for hiring of or for use of private guards. No funds may be used to
				  purchase guard dogs or guard dog services.
(3) No funds awarded pursuant to this Part
				  may be used to pay for the preparation of project proposals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6171 - Crime Witness Protection Program › Section 6171.8 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall impose liability upon
					 the commissioner of the Division of Criminal Justice Services, the Crime
					 Victims Board or the State for death, injury or loss incurred by eligible
					 witnesses or their families while such persons are receiving program service
					 through the witness protection program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall govern the funding of provider agencies to offer livery
				  vehicle safety training programs to eligible drivers.
(b) Funds available for disbursement pursuant
				  to this Part shall include those funds appropriated by the State Legislature
				  and funds received by the State from any public or private agency or person,
				  including the Federal government, for purposes of the Livery Vehicle Safety
				  Training Program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term provider agency shall mean a
				  county, municipality, unit of local government, college or university, law
				  enforcement agency, or not-for-profit entity.
(b) The term eligible driver shall mean the
				  driver of a livery vehicle.
(c) The
				  term livery vehicle shall have the same meaning as set forth in section 837-h (4)  of the Executive
				  Law.
(d) The term commissioner
				  shall mean the commissioner of the Division of Criminal Justice
				  Services.
(e) The term division
				  shall mean the Division of Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.3 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application for funding pursuant to this Part shall be in a form and manner
				  prescribed by the commissioner and must include a plan for the provision of
				  program services to eligible drivers that addresses, at a minimum:
(1) the nature of the program services to be
				  rendered;
(2) how the program
				  services comply with section
				  6173.6 
				  of this Part;
(3) the cost
				  associated with rendering the program services; and
(4) a description of how the program services
				  will enhance livery vehicle safety.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider
				  agency receiving funds pursuant to this Part shall provide to the division a
				  quarterly report which shall include, at a minimum:
(1) the number of livery vehicle drivers
				  served;
(2) the nature of the
				  program services provided; and
(3)
				  the costs of the program services provided.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.5 - Program monitoring and evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall monitor and evaluate
				  the effectiveness of the program services provided by a provider agency
				  receiving funds pursuant to this Part.
(b) The division shall have the right and
				  authority to review the performance of a provider agency receiving funds
				  pursuant to this Part. Such review may take the form of site visits, records
				  inspections, correspondence, telephone communication, or other methods deemed
				  necessary by the commissioner to ascertain the quality and quantity of provider
				  agency activities according to its contract.
(c) A provider agency that receives funds
				  pursuant to this Part shall keep books, ledgers, receipts, work records,
				  consultant agreements, and inventory records pertinent to the program services
				  it provided. All such accounts and documentation shall be kept in generally
				  accepted fashion and shall be open to review by the division or the State
				  Comptroller, or both.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.6 - Training program curriculum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Livery Vehicle Safety Training Program
				  offered by a provider agency utilizing funds received pursuant to this Part
				  shall follow a curriculum that is consistent with the provisions of this
				  section.
(b) A Livery Vehicle
				  Safety Training Program shall provide at least four hours of instruction and
				  shall include the following subjects:
(1)
				  methods to maximize personal safety, including information on available
				  equipment and technologies;
(2)
				  effective passenger management and communication skills;
(3) vehicular and pedestrian safety,
				  including a review of the applicable provisions of the Vehicle and Traffic Law
				  and applicable local regulations; and
(4) any other subject relevant to the public
				  health and safety in the operation of livery vehicles.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6173 - Livery Vehicle Safety Training Program › Section 6173.7 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall impose liability upon
					 the division or the State for death, injury, or loss incurred by an eligible
					 driver by reason of that driver having participated in the Livery Driver Safety
					 Training Program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6174 - Confirmation As A Victim Of Human Trafficking › Section 6174.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall govern the division's
					 determination whether an individual appears to meet the criteria for
					 certification as a victim of a severe form of trafficking in persons as defined
					 in section 7105 of title 22 of the United States Code or appears to be
					 otherwise eligible for any Federal, State or local benefits and services and,
					 if so, referral for services, as provided in Social Services Law, section
					 483-c c.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6174 - Confirmation As A Victim Of Human Trafficking › Section 6174.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term human trafficking victim shall
				  mean a person who is a victim of sex trafficking as defined in section 230.34 
				  of the Penal Law or a victim of labor trafficking as defined in section 135.35 
				  of the Penal Law.
(b) The term
				  division shall mean the Division of Criminal Justice Services.
(c) The term commissioner shall mean the
				  commissioner of the Division of Criminal Justice Services.
(d) The term Human Trafficking Director shall
				  mean the Human Trafficking Director within the Division of Criminal Justice
				  Services.
(e) The term office shall
				  mean the Office of Temporary and Disability Assistance.
(f) The term statutory referral source shall
				  mean either (i) the law enforcement agency or district attorney's office, or
				  (ii) an established provider of social or legal services designated by the
				  office, the Office for the Prevention of Domestic Violence, or the Office of
				  Victim Services that, as soon as practicable after a first encounter with a
				  person who reason- ably appears to be a human trafficking victim, refers such
				  human trafficking victim to the division and the office for assessment as a
				  State-confirmed human trafficking victim. Provided, however, in the case of an
				  established provider of social or legal services, such established provider
				  shall make a referral if the victim consents to seeking services pursuant to
				  Article 10-D of the Social Services Law
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6174 - Confirmation As A Victim Of Human Trafficking › Section 6174.3 - Confirmation as a human trafficking victim

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
				  soon as practicable after a first encounter with a person who reasonably
				  appears to a statutory referral source to be a human trafficking victim, that
				  agency, office or provider shall notify the Human Trafficking Director and the
				  Office on a form and in a manner prescribed by the Commissioner. Provided,
				  however, in the case of an established provider of social or legal services,
				  such established provider shall make the notification if the victim consents to
				  seeking services pursuant to Article 10-D of the Social Services Law.
(b) Within three business days
				  after receipt of such referral, the Human Trafficking Director, after
				  consultation with the office, shall make a determination whether the person
				  appears to either:
(1) meet the criteria for
				  certification as a victim of a severe form of trafficking in persons as defined
				  in section 7105 of title 22 of the United States Code; or
(2) be otherwise eligible for any Federal,
				  State, or local benefits and services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6174 - Confirmation As A Victim Of Human Trafficking › Section 6174.4 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  determination by the Human Trafficking Director that the person does not appear
				  to either meet the criteria for certification as a victim of a severe form of
				  trafficking in persons as defined in section 7105 of title 22 of the United States Code or be otherwise eligible for any Federal, State, or local benefits
				  and services may be appealed to the commissioner.
(b) Such appeal shall set forth the reasons
				  why the appellant believes the determination rendered by the Human Trafficking
				  Director was incorrect, and shall be filed with the commissioner in writing
				  within 20 business days of issuance of the Human Trafficking Director's written
				  explanation.
(c) The Commissioner,
				  after consultation with the Office, shall issue a written response to the
				  appellant, the Office, and the statutory referral source within 15 business
				  days of receipt of the written appeal. If the Commissioner determines that the
				  appellant does appear to either meet the criteria for certification as a victim
				  of a severe form of trafficking in persons as defined in section 7105 of title 22 of the United States Code or be otherwise eligible for any Federal, State,
				  or local benefits and services, the Office may assist the victim and statutory
				  referral source in receiving services.