reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6056 - Central State Registry of Police Officers And Peace Officers › Section 6056.6 - Exclusion from registry

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Where the division has cause to believe that any person whose name has been
				  submitted for entry in the registry, or who is already registered as a police
				  or peace officer, may be ineligible under any provision of article 2 or article
				  3 of the Public Officers Law or of article 1 or article 2 of the Criminal
				  Procedure Law to be a police or peace officer, or prohibited from possessing
				  firearms by federal law, the division shall notify the person's employer and
				  the employer shall notify the division within 30 days that the person's name
				  should be deleted from the registry.
(b) The division shall also notify the
				  Division of State Police where questions concerning the lawful possession of
				  firearms are involved, and the Attorney General where questions concerning
				  charitable corporations are involved.
(c) Where the division has cause to believe
				  that a person who is registered as a police or peace officer has not completed
				  the required training in the timeframe prescribed by law or regulation, the
				  division may notify the person's employer and the employer shall notify the
				  division within 30 days that the person's name should be deleted from the
				  registry.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6056 - Central State Registry of Police Officers And Peace Officers › Section 6056.7 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  whose name is not accepted for entry in the registry, or whose name is removed
				  therefrom, shall, on request, be provided the opportunity to review all
				  information in the possession of the division on which such determination was
				  based subject to the requirements and conditions set forth in Part 6050 of this
				  Title, where applicable. Such person may present argument on issues of law and
				  fact to the employer. The employer may then resubmit such person's name for
				  registration, along with a statement of the reasons establishing such person's
				  eligibility to be a police or peace officer.
(b) When such person is removed from the
				  registry pursuant to section 6056. 4(c)(4) or (5) of this Part the division may
				  submit such person's name to the national decertification index.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6056 - Central State Registry of Police Officers And Peace Officers › Section 6056.8 - 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 or
					 circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall govern the division's
					 disclosure of registered sex offender internet identifiers to an authorized
					 internet entity to enable such entity to prescreen or remove sex offenders from
					 its services or advise law enforcement or other governmental entities of
					 potential violations of law or threats to public safety.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term authorized internet entity shall
				  mean any business, organization or other entity providing or offering a service
				  over the internet which permits persons under the age of 18 to access, meet,
				  congregate or communicate with other users for the purpose of social
				  networking. This definition shall not include general e-mail
				  services.
(b) The term internet
				  identifiers shall mean e-mail addresses and designations, including, but not
				  limited to, screen names, used for the purposes of chat, instant messaging,
				  social networking or other similar internet communication.
(c) 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 II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.3 - Requests for access to sex offender internet identifiers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An authorized internet entity's request
				  for a subscription to obtain sex offender internet identifiers must be made in
				  writing.
(b) The request must be on
				  official company letterhead displaying the authorized internet entity's name,
				  address and telephone number. The authorized internet entity must also submit
				  to the division the name of a contact person and his or her e-mail
				  address.
(c) The authorized
				  internet entity must provide the division with documentation concerning its
				  legal nature and corporate status, and the number of registered
				  users.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.4 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a request for a
				  subscription to obtain sex offender internet identifiers, the division shall
				  determine whether the requestor is an authorized internet entity.
(b) If the division determines that the
				  requestor is an authorized internet entity, it shall grant the request and the
				  subscription to access sex offender internet identifiers shall be provided in a
				  format to be determined by the division.
(c) If the division determines that the
				  requestor is not an authorized internet entity, it shall deny the request. The
				  division shall state, in writing, the reason for the denial of the
				  request.
(d) An authorized internet
				  entity shall not disclose or redisclose any information provided to it by the
				  division unless necessary to enable the authorized internet entity to prescreen
				  or remove a sex offender from its services or to advise a law enforcement
				  agency or other governmental agency of potential violations of law or threats
				  to public safety. An authorized internet entity may disclose information
				  provided to it by the division to any person it is seeking to remove from its
				  services or deny access to its services because the authorized internet entity
				  reasonably believes such person is a registered sex offender. An authorized
				  internet entity shall not use the information provided to it by the division to
				  contact any person unless such contact is necessary to prescreen or remove such
				  person from its services.
(e) If
				  the division determines there is reasonable cause to believe that an authorized
				  internet entity is engaged in a pattern or practice of misuse of the sex
				  offender internet identifiers, the division is authorized to terminate an
				  authorized internet entity's subscription to access sex offender internet
				  identifiers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.5 - Receipt of information from an authorized internet entity

Current through Register Vol. 46, No. 28, July 10, 2024
The division may accept any information from an authorized
					 internet entity concerning a sex offender or a registered user of an authorized
					 internet entity and may forward that information to any appropriate law
					 enforcement or supervision agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.6 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall charge a fee to an authorized internet
					 entity for a subscription to access sex offender internet identifiers as
					 follows:
(a) If the authorized
				  internet entity has less than five million registered users the fee shall be
				  $100 per month.
(b) If the
				  authorized internet entity has at least five million registered users but less
				  than 15 million registered users the fee shall be $500 per month.
(c) If the authorized internet entity has at
				  least 15 million registered users but less than 30 million registered users the
				  fee shall be $1,000 per month.
(d)
				  If the authorized internet entity has 30 million or more registered users the
				  fee shall be $2,000 per month.
In its discretion, the division may fully or partially
					 waive the fee when an authorized internet entity demonstrates that the fee
					 would be unreasonably burdensome.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6057 - Office Of Sex Offender Management › Section 6057.7 - 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 any damages related to a registered sex
					 offender's access to services provided by an authorized internet entity or
					 damages related to any person's denial of service by an authorized internet
					 entity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6058 - Use of Force Data Collection, Analysis and Reporting › Section 6058.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
At the forefront of the national discussion involving
					 policing in America is law enforcement use of force, and the lack of
					 statistical data to analyze use of force incidents.
The purpose of this Part is to set forth reporting and
					 recordkeeping procedures, regarding use force pursuant to section 837-t  of the Executive Law, to be followed
					 by the chief of every police department, each county sheriff, and the
					 superintendent of state police which employs police officers or peace officers,
					 and by the Division of Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6058 - Use of Force Data Collection, Analysis and Reporting › Section 6058.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
					 following meanings:
(a) Division means
				  the Division of Criminal Justice Services.
(b) Commissioner means the Commissioner of
				  the Division of Criminal Justice Services, or his or her designee.
(c) FBI means the Federal Bureau of
				  Investigation.
(d) Employer means
				  the chief of every police department, each county sheriff, and the
				  superintendent of state police which employs police officers or peace
				  officers.
(e) Police officer means
				  a person designated as such in section
				  1.20(34)  of the Criminal
				  Procedure Law.
(f) Peace officer
				  means a person designated as such in section
				  2.10  of the Criminal Procedure
				  Law.
(g) Use of force means when a
				  police officer or peace officer does the following:
(1) displays a chemical agent by pointing a
				  chemical agent at a person or persons; or
(2) uses/deploys a chemical agent by
				  operating the chemical agent against a person or persons in a manner capable of
				  causing physical injury as defined in article 10 of the Penal Law; or
(3) brandishes a firearm by pointing a
				  firearm at a person or persons; or
(4) uses/discharges a firearm by discharging
				  a firearm at or in the direction of a person or persons; or
(5) brandishes an electronic control weapon
				  by pointing an electronic control weapon at a person or persons; or
(6) uses/deploys an electronic control weapon
				  by operating an electronic control weapon against a person or persons in a
				  manner capable of causing physical injury as defined in article 10 of the Penal
				  Law; or
(7) brandishes an impact
				  weapon by pointing an impact weapon at a person or persons; or
(8) uses/deploys an impact weapon by
				  operating an impact weapon against a person or persons in a manner capable of
				  causing physical injury as defined in article 10 of the Penal Law; or
(9) uses a chokehold or other similar
				  restraint, which is any application of sustained pressure to the throat or
				  windpipe of a person in a manner that may hinder breathing or reduce intake of
				  air; or
(10) engages in conduct
				  which results in the death or serious bodily injury of another
				  person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6058 - Use of Force Data Collection, Analysis and Reporting › Section 6058.3 - Employer Reporting Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each employer shall, in the form and manner set forth in section 6058.4  of this
				  Part, submit or cause to be submitted any instance or occurrence where a police
				  or peace officer employed by it employs use of force.
(b) Each employer shall, in the form and
				  manner set forth in section 6058.4  of this Part, with respect to each use of
				  force event reported, submit or cause to be submitted the following:
(1) the type of use of force;
(2) the date of the event;
(3) village, town, or city, and county
				  location of the event;
(4) the law
				  enforcement agencies involved;
(5)
				  a description of the circumstances of the event;
(6) the race, sex, ethnicity, and age (or, if
				  unknown, approximate age) of all persons engaging in the use of force;
				  and
(7) the race, sex, ethnicity,
				  and age (or, if unknown, approximate age) of all persons suffering an injury
				  from the use of force.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6058 - Use of Force Data Collection, Analysis and Reporting › Section 6058.4 - Employer Reporting Form

Current through Register Vol. 46, No. 28, July 10, 2024
Each employer shall submit all information required to be
					 reported in accordance with section 6058.3  of this Part to the division in the
					 form and manner as prescribed by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6058 - Use of Force Data Collection, Analysis and Reporting › Section 6058.5 - Division Reporting Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
				  an annual basis, the commissioner shall conspicuously publish on the division's
				  website a comprehensive report including the use of force information received
				  under section 6058.3  of this Part during the preceding year.
(b) Such reports shall not identify the names
				  of the individuals involved, but for each use of force event reported, shall
				  list the following in accordance with section 837-t  of the executive law:
(1) the type of use of force;
(2) the date of the event;
(3) the location of the event disaggregated
				  by county and law enforcement agencies involved;
(4) the town or city where the event
				  occurred;
(5) any additional
				  relevant location information;
(6)
				  a description of the circumstances of the event;
(7) the race, sex, ethnicity, age (or, if
				  unknown, approximate age) of all persons engaging in the use of force;
				  and
(8) the race, sex, ethnicity,
				  age (or, if unknown, approximate age) of all persons suffering an injury from
				  the use of force.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6059 - Firearm Licensing Appeals › Section 6059.1 - Purpose and Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pursuant to subdivision four-a of section 400.00  of the Penal Law,
				  subparagraph b of subdivision twenty-three of section 837  of the Executive Law,
				  and subdivision two of section 235  of the Executive Law, the Division of
				  Criminal Justice Services and the Division of State Police are responsible for
				  promulgating rules and regulations governing the appeals process related to the
				  denial of firearm license applications, renewals, and recertifications, and the
				  revocation of firearm licenses. This Part is jointly adopted by the Division of
				  Criminal Justice Services and the Division of State Police for the purpose of
				  implementing the above-referenced statutory provisions.
(b) The scope of the firearm licensing
				  appeals process established by this Part shall be limited to those
				  jurisdictions in which the licensing officer responsible for the issuance of
				  firearm licenses is a non-judicial licensing officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6059 - Firearm Licensing Appeals › Section 6059.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms are defined as
					 follows:
(a)
Appeals
				  board
means the board established by subparagraph b of subdivision
				  twenty-three of section 837  of the Executive Law and subdivision two of section 235  of the Executive Law, for the purpose of hearing appeals as provided in
				  subdivision four-a of section 400.00  of the Penal Law.
(b)
Licensing officer
has
				  the same meaning as that term is defined in subdivision ten of section
				  265.00 of the New York Penal
				  Law.
(c)
Firearm
has the same meaning as that term is defined in subdivision three of section
				  265.00 of the New York Penal
				  Law.
(d)
Firearm license
				  appeals officer
means a person or persons designated by a
				  non-judicial licensing officer to receive and determine appeals resulting from
				  the denial of firearm license applications, renewals, and recertifications, and
				  the revocation of firearm licenses that arise from the designating licensing
				  officer's jurisdiction.
(e)
License
or
firearm license
means a license
				  issued pursuant to the provisions of section
				  400.00 of the New York Penal
				  Law.
(f)
Non-judicial
				  licensing officer
means any agency or officer of the state or any
				  political subdivision thereof that is a licensing officer but is not a judge or
				  justice of a court of record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6059 - Firearm Licensing Appeals › Section 6059.3 - Composition of the Appeals Board

Current through Register Vol. 46, No. 28, July 10, 2024
The appeals board shall consist of the following
					 members:
(a) The Commissioner of the
				  Division of Criminal Justice Services or their designee.
(b) The Superintendent of the Division of
				  State Police or their designee.
(c)
				  The firearm license appeals officer designated by the non-judicial licensing
				  officers within the State, who shall serve on the Appeals board for appeals
				  that originate from the political subdivision from which they were
				  appointed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6059 - Firearm Licensing Appeals › Section 6059.4 - Appeal Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  request to appeal must be made within ninety days of a firearm license
				  applicant or firearm licensee receiving written notice of the denial of a
				  firearm license application, renewal, or recertification, or the revocation of
				  a firearm license. This ninety-day time limitation shall be computed from the
				  postmarked date of the written notification of denial or revocation issued by
				  the licensing officer.
(b) The
				  request to appeal shall be made in writing by mail or electronic communication
				  as designated on websites of the Division of Criminal Justice Services and the
				  Division of the State Police. The appeal shall be directed to the appropriate
				  firearm license appeal officer for review.
(c) A firearm license appeals officer
				  receiving an appeal from a firearm license applicant or firearm licensee may
				  elect to hold a hearing, if requested, but is not required to hold a hearing
				  and may determine the appeal based upon information received from the person
				  requesting appeal and the licensing officer that denied the firearm license
				  application, renewal, or recertification, or revoked the firearm
				  license.
(d) The Appeals officer
				  shall use the requirements set forth in section 400.00  of the Penal Law to
				  determine the appeal. The determination by the appeals officer, after review
				  and approval of a majority of the appeals board members shall:
1) Issue a final determination affirming the
				  decision by the nonjudicial licensing officer; or
2) Return the application for further review
				  and for a final decision by the non-judicial licensing officer if the appeals
				  officer finds that the application determination was not supported by
				  substantial evidence, along with the reasoning for the finding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6059 - Firearm Licensing Appeals › Section 6059.5 - Informational Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Firearm license appeals officers shall submit quarterly
					 reports to the appeals board indicating, by category, the total number of
					 appeals decided within the quarterly reporting period resulting from:
(i) denials of firearm license
				  applications;
(ii) denials of
				  firearm license renewals;
(iii)
				  denials of firearm license recertifications; and
(iv) revocation of firearm licenses, and the
				  number of such appeal decisions during the quarterly reporting period that
				  affirm the licensing officer's denial of a firearm license application,
				  renewal, or recertification, or the revocation of a firearm license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
					 procedures governing the availability, location, and nature of those records of
					 the Division of Criminal Justice Services subject to the provisions of article
					 6 of the Public Officers Law, known as the Freedom of Information
					 Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term DCJS means the Division of
				  Criminal Justice Services.
(b)
				  Record or records means any information kept, held, filed, produced or
				  reproduced by, with or for an agency or the State Legislature, in any physical
				  form whatsoever, including but not limited to reports, statements,
				  examinations, memoranda, opinions, folders, files, books, manuals, pamphlets,
				  forms, papers, designs, drawings, maps, photos, letters, microfilms, computer
				  tapes or discs, rules, regulations or codes.
(c) The term statistical tabulation means a
				  collection or orderly presentation of numerical data logically arranged in
				  columns and rows or graphically.
(d) The term factual tabulation means a
				  collection of statements of objective information logically arranged which is
				  empirically derived and reflects objective reality, actual existence or an
				  actual occurrence.
(e) The term
				  workday means any day except Saturday, Sunday, a public holiday or, with
				  respect to a particular office of DCJS, a day on which that office is otherwise
				  closed for regular business.
(f)
				  The term commissioner means the Commissioner of the Division of Criminal
				  Justice Services.
(g) The term
				  records access officer means the associate public information specialist and/or
				  any other employees designated by the commissioner to receive and respond to
				  inquiries to inspect or copy records maintained by DCJS.
(h) The term fiscal officer means the
				  administrative officer of DCJS and/or any other employee designated by the
				  commissioner to certify the DCJS payroll.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.3 - Nature of records available to the public

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the exceptions set forth in section
					 6150.4 
					 of this Part, all records maintained by DCJS shall be available for public
					 inspection and copying. These shall include but not be limited to:
(a) Final opinions and orders made in the
				  adjudication of cases;
(b)
				  Statements of policy and interpretations which have been adopted by DCJS and
				  any statistical or factual tabulations which led to the formulation
				  thereof;
(c) Minutes of public
				  meetings of any public boards or committees and any final determinations and
				  dissenting opinions of their members, including a record of the final votes of
				  each member of the governing body;
(d) Minutes of public hearings held by
				  DCJS;
(e) Internal or external
				  audits and statistical or factual tabulations made by or for DCJS;
(f) Administrative staff manuals and
				  instructions to staff that affect members of the public;
(g) An itemized payroll record for DCJS,
				  indicating the name, business address, title, and salary of every officer or
				  employee of DCJS, except that in the case of law enforcement employees the
				  record shall indicate the title and salary only; and
(h) Any other files, records, papers or
				  documents required by any other provision of law to be made available for
				  public inspection.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.4 - Records exempt from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of section
					 6150.3 
					 above, the following types of records shall be exempt from public inspection
					 and/or copying:
(a) Records which are
				  specifically exempt from disclosure by State or Federal statute;
(b) Records constituting information the
				  disclosure of which would result in an unwarranted invasion of personal
				  privacy. An unwarranted invasion of personal privacy shall include, but not be
				  limited to:
(1) disclosure of such personal
				  matters as may have been reported in confidence to DCJS or any other State or
				  local agency or municipality, and the publication of which is not relevant or
				  essential to the ordinary work of DCJS;
(2) disclosure of employment, medical or
				  credit histories or personal references of applicants for employment, unless
				  the applicant has provided a written release permitting such
				  disclosure;
(3) disclosure of items
				  involving the medical or personal records of a client or patient in a hospital
				  or medical facility;
(4) the sale
				  or release of lists of names and addresses in possession of any agency or
				  municipality if such lists are to be used for private, commercial or
				  fund-raising purposes;
(5)
				  disclosure of items of a personal nature which would result in economic or
				  personal hardship to the subject party and when the publication of such records
				  is not relevant or essential to the ordinary work of DCJS; and
(6) disclosure of information contained in
				  the criminal history file, license and employment file and wanted and missing
				  persons file, maintained by DCJS, including any and all information contained
				  in such files;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.5 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
On behalf of DCJS, the records access officer shall
					 maintain and make available for public inspection and copying a current list,
					 by subject matter, of the types of records produced, filed, or first kept by
					 DCJS whether or not available under this act. Such lists shall be in conformity
					 with such regulations as may be promulgated by the State Committee on Public
					 Access to Records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.6 - Procedures for obtaining records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests for access to records maintained by DCJS,
					 other than an itemized payroll record, shall be processed as follows.
(a) Place of request. Any person wishing to
				  inspect and/or copy any record, other than a payroll record, may apply at one
				  of the following locations:
(1) Albany.
				  Records Access Officer, New York State Division of Criminal Justice Services,
				  Executive Park Tower, Stuyvesant Plaza, 5th floor, Albany, N.Y.
				  12203.
(2) New York City. Records
				  Access Officer, New York State Division of Criminal Justice Services, 80 Centre
				  Street, 4th floor, New York, N.Y. 10013
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.7 - Itemized payroll records

Current through Register Vol. 46, No. 28, July 10, 2024
The fiscal officer of DCJS shall be the custodian of the
					 itemized payroll records of DCJS. Any bona fide member of the news media
					 wishing to inspect and/or obtain a copy of such itemized payroll record may
					 apply to the fiscal officer by appearing in person on any workday between the
					 hours of 9:30 a.m. and 3 p.m. at the DCJS Albany offices. Upon receipt of such
					 an application at the appropriate time and on the proper form prescribed by the
					 New York State Comptroller, and upon production by such member of appropriate
					 identification, the fiscal officer shall produce the payroll record for
					 inspection. Upon request, the fiscal officer shall provide the member with a
					 copy of the payroll record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.8 - Fee for copies of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except when a different fee is otherwise prescribed by law, there shall be no
				  fee charged for the following:
(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 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.9 - Deletion of information

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of subdivision 2 of
					 section 89  of the Public Officers Law, section
					 6150.4 
					 of this Part, and in conformance with such guidelines as may be promulgated by
					 the State Committee on Public Access to Records, prior to making a record
					 available for public inspection and/or copying, the records access officer may
					 delete from it any identifying details the disclosure of which would result in
					 an unwarranted invasion of personal privacy. In the event that one or more
					 deletions are so made, the records access officer shall give notice of that
					 fact to the person given access to the record. If the record is such that the
					 personal matters cannot be fully deleted without substantively affecting the
					 record or the identifying details cannot be deleted effectively, the records
					 access officer shall deny access to such record as provided in section
					 6150.10 
					 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.10 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
If the records access officer determines that an
					 application to inspect and/or copy records pertains to information required to
					 be disclosed under section
					 6150.3 
					 of this Part and is not otherwise exempt from disclosure under section
					 6150.4 
					 of this Part, he shall grant the application. If the records access officer
					 determines that an application to inspect and/or copy records pertains to other
					 information not exempt under section
					 6150.4 
					 of this Part, he shall grant the application unless he determines that to do so
					 would adversely affect the public interest. If the records access officer
					 determines that an application to inspect and/or copy records pertains to
					 information specifically exempt under section
					 6150.4 
					 of this Part he shall deny such application. In denying an application, the
					 records access officer shall indicate his reason for such denial and shall
					 advise the applicant of his right to appeal such denial to the
					 commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.11 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person whose application to inspect and/or copy records
					 has been denied pursuant to section
					 6150.10 
					 of this Part may appeal such denial within 30 days of such denial to the
					 commissioner at 80 Centre Street in New York City. Such appeal must be in
					 writing on a form prescribed by DCJS and shall set forth: the name and address
					 of the applicant; the specified record(s) requested; the date of the denial;
					 the reasons given for the denial; and other evidence the applicant deems
					 pertinent. The commissioner shall, upon receipt of a written appeal,
					 immediately review the matter and affirm, modify or reverse the denial. If the
					 commissioner affirms or modifies the denial he shall, within seven days of the
					 receipt of the appeal:
(a)
				  communicate his reasons for such affirmation or modification to the person
				  making the appeal; and
(b) inform
				  such person of his right to appeal such affirmation or modification under
				  article 78 of the Civil Practice Law and Rules. Copies of all appeals and
				  determinations of those appeals will be transmitted to the State Committee on
				  Public Access to Records, Department of State, 162 Washington Avenue, Albany,
				  New York 12231.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter IV - General › Part 6150 - Availability Of Records For Public Inspection And Copying › Section 6150.12 - 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 6151 - Access To Personal Information › Section 6151.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  is the responsibility and the intent of the Division of Criminal Justice
				  Services, hereinafter called the agency, to comply with the provisions of
				  article 6-A of the Public Officers Law, the Personal Privacy Protection
				  Law.
(b) The agency shall maintain
				  in its records only such personal information that is relevant and necessary to
				  accomplish a purpose of the agency that is required to be accomplished by
				  statute or executive order, or to implement a program specifically authorized
				  by law.
(c) Personal information
				  subject to article 6-A of the Public Officers Law will be collected, whenever
				  practicable, directly from the person to whom the information
				  pertains.
(d) The agency seeks to
				  ensure that all records pertaining to or used with respect to individuals are
				  accurate, relevant, timely and complete.
(e) These regulations provide information
				  regarding the procedures by which members of the public may assert rights
				  granted by the Personal Privacy Protection 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 6151.2 - Privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The privacy compliance officer shall be
				  designated by the commissioner of the Division of Criminal Justice
				  Services.
(b) Communications shall
				  be addressed to: Privacy Compliance Officer, Four Tower Place, Albany, NY
				  12203.
(c) The privacy compliance
				  officer is responsible for:
(1) assisting a
				  data subject in identifying and requesting personal information, if
				  necessary;
(2) describing the
				  contents of systems of records orally or in writing in order to enable a data
				  subject to learn if a system of records includes a record or personal
				  information identifiable to a data subject requesting such record or personal
				  information;
(3) taking one of the
				  following actions upon locating the record sought:
(i) make the record available for inspection,
				  in a printed form without codes or symbols, unless an accompanying document
				  explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				  record; or
(iii) deny access to the
				  record in whole or in part, and explain in writing the reasons therefor.
Note: Records maintained pursuant to sections 837, 837-a, 837-b, 837-c, 838, 839, 845 and 845-a  of the Executive Law are
					 public safety agency records, as defined in article 6-A of the Public Officers
					 Law, and are not subject to the provisions of this Part. Any individual may
					 review his or her criminal history record maintained by the agency pursuant to
					 the provisions of Part 6050 of this Title;
(4) making a copy available, upon request,
				  upon payment of or offer to pay established fees, if any;
(5) certifying, upon request, that a copy of
				  a record is a true copy; or
(6)
				  certifying, upon request, that:
(i) the
				  agency does not have possession of the record sought;
(ii) the agency cannot locate the record
				  sought, after having made a diligent search; or
(iii) the information sought cannot be
				  retrieved by use of the description thereof, or by use of the name or other
				  identifier of the data subject, without extraordinary search methods being
				  employed by the agency.
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 6151.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When a request is made in person, or when records are made available in person
				  following a request made by mail, the agency may require appropriate
				  identification, such as a driver license, an identifier assigned to the data
				  subject by the agency, a photograph or similar information that confirms that
				  the record sought pertains to the data subject.
(b) When a request is made by mail, the
				  agency may require verification of a signature or inclusion of an identifier
				  generally known only by a data subject, or similar appropriate
				  identification.
(c) Proof of
				  identity shall not be required regarding a request for a record accessible to
				  the public pursuant to article 6 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 6151.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall accept requests for records and produce
					 records during regular business hours, which are 8:30 a.m. to 5
					 p.m.
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 6151.6 - Request for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  requests shall be made in writing, except that the agency may make records
				  available upon an oral request made in person after the applicant has
				  demonstrated proof of identity.
(b)
				  A request shall reasonably describe the record sought. Whenever possible, the
				  data subject should supply identifying information that assists the agency in
				  locating the records sought.
(c)
				  Requests based upon categories of information described in a notice of a system
				  of records or a privacy impact statement shall be deemed to reasonably describe
				  the record sought.
(d) Within five
				  business days of the receipt of a request, the agency shall provide access to
				  the record, deny access in writing explaining the reasons therefor, or
				  acknowledge the receipt of the request in writing, stating the approximate date
				  when the request will be granted or denied, which date shall not exceed 30 days
				  from the date of the acknowledgment.
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 6151.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request for a data subject for
					 correction or amendment of a record or personal information that is reasonably
					 described and that pertains to the data subject, the agency shall:
(a) make the amendment or correction in whole
				  or in part and inform the data subject that, on request, such correction or
				  amendment will be provided to any person or governmental unit to which the
				  record or personal information has been or is disclosed pursuant to paragraph
				  (d), (i) or (1) of subdivision (1) of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				  refusal to correct or amend the record, including the reasons
				  therefor.
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 6151.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Denial of a request for records or amendment or correction of a record or
				  personal information:
(1) shall be in
				  writing, explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				  may be directed.
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 6151.9 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to amend or correct a record or
				  personal information pursuant to section
				  6151.8 
				  of this Part may, within 30 business days of such denial, appeal to: Deputy
				  Commissioner and Counsel, Office of Legal Services, Division of Criminal
				  Justice Services, Four Tower Place, Albany, NY 12203.
(b) The time for deciding an appeal shall
				  commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				  record or amendment or correction of a record or personal
				  information;
(2) the record that is
				  the subject of the appeal; and
(3)
				  the name and return address of the appellant.