reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6030 - Soft-body Ballistic Armor Vests For Police Officers › Section 6030.9 - Availability of NIJ Standard 0101.3

Current through Register Vol. 46, No. 28, July 10, 2024
NIJ Standard 0101.3, adopted by section
						  6030.3  of
						  this Part, has been published in the form of a pamphlet by the U.S. Department
						  of Justice, National Institute of Justice. It is entitled Ballistic Resistance
						  of Police Body Armor, NIJ Standard 0101.3 (April 1987). In accordance with
						  State Administrative Procedure Act, section 102(1)(c) and regulations adopted
						  by the Secretary of State, copies of NIJ Standard 0101.3 have been filed with
						  the Secretary of State, the New York State Legislative Library and at the 12
						  Supreme Court Libraries designated repositories for such documents by the Chief
						  Administrative Judge of the Unified Court System. Copies of the standard are
						  available to the public and to regulated parties by contacting the Office of
						  Funded Program Assistance, Division of Criminal Justice Services, Executive
						  Park Tower, Stuyvesant Plaza, Albany, NY 12203.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6030 - Soft-body Ballistic Armor Vests For Police Officers › Section 6030.10 - 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 held invalid, such invalidity shall
						  not affect other provisions or applications, and to this end the provisions of
						  this Part are declared to be severable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term law enforcement agency shall
						mean any law enforcement agency or department of any municipality, any police
						district, or any agency, department, commission, authority or public benefit
						corporation of the state of New York employing a police officer or police
						officers as that term is defined in paragraphs (a), (b), (c), (d), (e), (f),
						(j), (k), (1), (o), (p) and (s) of subdivision thirty-four of section
						1.20 
						of the Criminal Procedure Law.
(b)
						The term council shall mean the New York State Law Enforcement Agency
						Accreditation Council.
(c) The term
						program shall mean the New York State Law Enforcement Agency Accreditation
						Program.
(d) The term program staff
						shall mean employees of the New York State Division of Criminal Justice
						Services who have been assigned to work on the New York State Law Enforcement
						Agency Accreditation Program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.2 - New York State Law Enforcement Agency Accreditation Council

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Statement of purpose.
The council shall develop model standards for law
						  enforcement agencies. Such standards shall be designed:
(1) to increase the effectiveness and
						efficiency of law enforcement agencies in the delivery of law enforcement
						services utilizing existing personnel, equipment and facilities to the extent
						possible;
(2) to promote increased
						cooperation and coordination among law enforcement agencies and other agencies
						of the criminal justice system;
(3)
						to ensure the appropriate training of law enforcement personnel not
						inconsistent with other provisions of the law; and
(4) to promote public confidence in law
						enforcement agencies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
						for accreditation shall be submitted by the chief law enforcement officer of
						the law enforcement agency so applying only upon the approval of the chief
						elected officer, or if there is no chief elected officer, by the local
						governing body. The application process may additionally require the law
						enforcement agency to submit background information deemed necessary and
						appropriate by the council.
(b)
						There shall be no application fees or other charges imposed on law enforcement
						agencies desiring to participate in the program. The Division of Criminal
						Justice Services shall provide program manuals, technical assistance and other
						resource materials as available at no cost to the law enforcement
						agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.4 - Waiver of standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Law
						enforcement agencies seeking accreditation shall be expected to comply with all
						applicable program standards. Law enforcement agencies may, however, petition
						the council to waive an applicable standard(s) by submitting a written request
						that includes a detailed description of the reasons for the desired
						waiver.
(b) The council shall grant
						a waiver only upon a finding that compliance with a particular standard by an
						applicant law enforcement agency is impossible or impractical due to a unique
						or unusual circumstance of that law enforcement agency, and only upon a finding
						that the overall objectives of the program will not be compromised by the
						granting of such a waiver.
(c) Upon
						granting a waiver, the council may impose such conditions or alternative
						standards upon the applicant law enforcement agency as it deems necessary to
						assure that the overall objectives of the program are not
						compromised.
(d) A waiver shall be
						granted only when approved by a two-thirds vote of the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.5 - Authority of program staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Program staff shall provide support services to the council and shall be
						responsible for the day-to-day administration of the program.
(b) The council retains the authority to make
						final decisions in all matters that impact on a law enforcement agency's status
						in the program. Program staff shall, however, have the authority to make
						tentative decisions on behalf of the council. Illustrative of these matters are
						the following:
(1) law enforcement agency
						eligibility;
(2) identification of
						applicable standards;
(3)
						interpretation of the standards; and
(4) waiver of applicable standards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.6 - On-site assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
						on-site assessment shall be conducted to verify law enforcement agency
						compliance with program standards prior to the awarding of accreditation
						status. Such assessments shall be done by independent consultants retained by
						the Division of Criminal Justice Services specifically for this purpose. All
						assessors must meet minimum qualifications established by the council and must
						successfully complete a period of training conducted by the program
						staff.
(b) Program staff shall
						assign assessors to review the policies and procedures of participating law
						enforcement agencies in a way that assures the objectivity of the assessment
						process. No member of a law enforcement agency that has been assessed for
						accreditation shall be permitted to participate in the assessment of any law
						enforcement agency employing an individual who served on the assessment team.
						Every effort shall be made to utilize assessors who have worked at a law
						enforcement agency of the same approximate size as the ones that they will be
						assigned to assess.
(c) Program
						staff shall provide law enforcement agencies seeking accreditation with a list
						of potential assessors prior to the on-site assessment. Law enforcement agency
						officials shall have the right to disqualify any individual whose participation
						in the assessment process would represent a conflict of interest. Assessors may
						also be disqualified for other compelling reasons that are brought to the
						attention of program staff.
(d) Law
						enforcement agencies seeking accreditation shall have the burden of proving
						that they are in compliance with all applicable requirements. The council
						reserves the right to review any or all of the documentation shown to the
						program assessors.
(e) Upon
						completion of the assessment, assessors shall meet with the chief executive
						officer of the law enforcement agency or his designee to present a verbal
						summary of the findings and recommendations that will be made to the council.
						Assessors shall prepare a written report of their findings and recommendations
						in a standard format approved by the council. Assessors shall submit this
						report to program staff within 30 calendar days of the assessment. Program
						staff shall mail a copy of the written report to the law enforcement agency as
						well as to each member of the council before the council meets to consider
						accrediting such agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.7 - Council review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Representatives of the law enforcement agencies being considered for
						accreditation shall have the right to address the council, to present evidence
						in their behalf and to respond to concerns raised by the council.
(b) Law enforcement agencies which meet the
						program standards shall be accredited for a period of five years.
(c) If a decision is made to defer a law
						enforcement agency's accreditation, the council shall notify such agency in
						writing of the reasons for its decision and of the steps that must be taken to
						become accredited.
(d) Law
						enforcement agencies whose accreditation is deferred may have their application
						reconsidered at the next meeting of the council by filing a written appeal with
						program staff within 30 calendar days of the initial decision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.8 - Maintaining accreditation status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Accredited law enforcement agencies shall
						be expected to maintain compliance with all applicable program standards in
						effect at the time that they were credited.
(b) Law enforcement agencies that are unable
						to continue complying with any of the standards in effect at the time that they
						were accredited shall notify program staff within 30 days regarding the nature
						of and reason for their non- compliance. The council shall determine what
						action should be taken on a case-to-case basis.
(c) Accredited law enforcement agencies shall
						be required to file an annual report in a standard format approved by the
						council regarding major developments that may affect their accreditation. The
						report may include, but not be limited to the following subjects: the fiscal
						impact of accreditation on the law enforcement agency, information pertaining
						to lawsuits that have been filed against the law enforcement agency, recent
						court orders or consent decrees that affect law enforcement agency operations,
						and any problems relating to the law enforcement agency's continued compliance
						with applicable program standards.
(d) The council shall have the authority to
						suspend or revoke a law enforcement agency's accreditation for disregarding
						applicable standards or committing serious violations of program rules and
						regulations. Law enforcement agency representatives shall be given an
						opportunity to appear before the council prior to any such suspension or
						revocation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6035 - Procedures For Accreditation Of Law Enforcement Agencies › Section 6035.9 - Reaccreditation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Law enforcement
						agencies wishing to be reaccredited must submit a new application in accordance
						with procedures established by the council. The council will accept
						applications for accreditation no more than 12 months prior to the date on
						which a law enforcement agency's accreditation is scheduled to
						expire.
(b) If there is no lapse in
						a law enforcement agency's accreditation status, reaccreditation shall be
						contingent upon the law enforcement agency's compliance with all program
						standards and requirements in effect at the time of the new application and
						upon demonstration that the law enforcement agency was in continual compliance
						with all applicable program standards that were in effect throughout the time
						of the agency's previous accreditation.
(c) The council may vote on a law enforcement
						agency's application for reaccreditation no more than six months prior to the
						date on which the initial accreditation is due to expire. If the council votes
						to reaccredit a law enforcement agency while such agency is still accredited,
						the period of reaccreditation will begin on the date that the initial
						accreditation expires.
(d)
						Reaccreditation shall be granted for a period of five years.
(e) Notwithstanding any other provision to
						the contrary, if there is a lapse in a law enforcement agency's accreditation
						status which does not exceed a period of over 12 months, such law enforcement
						agency seeking accreditation must comply with those accreditation program
						standards and requirements in effect at the time of the new application and
						additionally demonstrate that the law enforcement agency was in continual
						compliance with all applicable program standards that were in effect throughout
						the time of the agency's previous accreditation. If the lapse in a law
						enforcement agency's accreditation status exceeds a 12-month period, such law
						enforcement agency seeking accreditation must comply with those accreditation
						program standards and requirements in effect at the time of the new
						application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6050 - Right Of Individual To Review Own Record; Right To Challenge; Appeals › Section 6050.1 - Individual's right to review own record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person, or a person's attorney who has
				  been duly authorized in writing, upon satisfactory fingerprint identification,
				  or other alternative method of positive identification deemed satisfactory by
				  the Commissioner of the Division of Criminal Justice Services (commissioner),
				  and payment of the required fee, may obtain a copy of the criminal history
				  record information maintained by the Division of Criminal Justice Services
				  (DCJS) pertaining to such person, or a response indicating that there are no
				  records on file, and may challenge the completeness or accuracy of such
				  information. Such criminal history record information shall be transmitted to
				  the address indicated on the request form. If a person is detained or
				  incarcerated in a local or State correctional facility, the criminal history
				  information supplied shall not contain identifying data.
(b) Payment for such information shall be
				  made by postal money order, Western Union, Integrated Payment System,
				  Traveler's Express, or bank money order, made payable to the "New York State
				  Division of Criminal Justice Services." Bank money orders must be issued by an
				  American bank, must be payable in U.S. funds and must be valid for at least 90
				  days from the date of issuance. Remittance, together with a completed
				  fingerprint card and the completed request form shall be directed to DCJS,
				  Record Review Unit, Four Tower Place, Albany, NY 12203. If a person is
				  incarcerated in a local or State correctional facility, payment shall be made
				  in a manner approved by the commissioner. The fee for a copy of the criminal
				  history record information shall be $50. Upon satisfactory proof of financial
				  hardship, however, the commissioner, or his/her designee, may waive all, or a
				  portion, of the fee. Factors to be considered when determining financial
				  hardship may include indigence, available assets, eligibility for, and receipt
				  of, State or Federal aid which is based on income or disability, or
				  unreasonable hardship caused by the payment of such fee. The commissioner, or
				  his or her designee, may require a certain form of payment from an individual
				  or entity if, on prior requests, payment has been uncollectible.
(c) Record review responses do not replace or
				  supplant any statutory or other legal requirements regarding or requiring
				  fingerprint submissions for employment, license, permit or other applications
				  pursuant to Federal, State or local laws.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6050 - Right Of Individual To Review Own Record; Right To Challenge; Appeals › Section 6050.2 - Person's right to challenge own record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person, or a person's attorney who has
				  been duly authorized in writing, may challenge the completeness or accuracy of
				  criminal history record information pertaining to such person by executing a
				  "Statement of Challenge," on forms provided by DCJS, indicating the precise
				  nature of the alleged omission or error, and by filing such Statement of
				  Challenge, by mail or otherwise, with DCJS. In support of the challenge, the
				  person, or the person's attorney who has been duly authorized in writing, may
				  submit any documentation he/she desires and must submit any relevant
				  documentation required by DCJS, including an original or certified copy of a
				  certificate of disposition.
(b)
				  DCJS shall act upon challenges filed pursuant to subdivision (a) of this
				  section within a reasonable time after receipt of all required documentation in
				  support of the person's claim. If the challenge is found to be substantiated by
				  the Director of the Office of Operations, or his/her designee, DCJS shall make
				  the appropriate corrections to the individual's criminal history record
				  information. Upon making such corrections, or upon determining that a challenge
				  is unsubstantiated, DCJS shall provide written notice to the person, or the
				  person's attorney.
(c) After making
				  corrections to its criminal history record information pursuant to a successful
				  challenge, DCJS shall forward the same corrections to those authorized user
				  agencies that were listed on the person's Statement of Challenge or have been
				  requested, in writing by the person, to be notified and direct that such
				  agencies' records be modified to conform with the corrected
				  information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6050 - Right Of Individual To Review Own Record; Right To Challenge; Appeals › Section 6050.3 - Person's right to appeal challenge found to be unsubstantiated

Current through Register Vol. 46, No. 28, July 10, 2024
A person, or a person's attorney who has been duly
					 authorized in writing, whose challenge has been found to be unsubstantiated by
					 the Director of the Office of Operations (Director), or his or her designee,
					 pursuant to section
					 6050.2(b) 
					 of this Part, may file a written notice of appeal of such determination with
					 the commissioner, or his/her designee, within a reasonable time after receipt
					 of such determination. Upon receipt of such notice, the director, or his or her
					 designee, shall promptly transmit to the commissioner, or his/her designee,
					 copies of all records concerning the person along with all the papers and
					 documents filed by the person, or the person's attorney, who has been duly
					 authorized in writing, in support of his/her challenge. The appeal shall be
					 determined upon the records, papers and documents submitted, except that the
					 commissioner, or his/her designee, may request that the director, or his or her
					 designee, or the person furnish such other data as he or she deems necessary
					 for the determination of the appeal. A written notice of appeal to the
					 commissioner, or his/her designee, shall be acted upon within a reasonable time
					 after receipt of the written notice of appeal. The commissioner, or his/her
					 designee, shall notify both the person and the director, or his or her
					 designee, of the decision in writing and, in the event that such decision
					 reverses or modifies that of the director, or his or her designee, the criminal
					 history record information shall be corrected accordingly.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6051 - Access To Criminal History Record Information And Fees For Conducting Criminal History Record Searches › Section 6051.1 - Security, privacy, and limitations on access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division of Criminal Justice Services
				  (DCJS) shall safeguard the security and privacy of criminal history record
				  information (CHRI) and shall not release CHRI in any form that can be
				  identified with the subjects of such CHRI, except in the following
				  circumstances:
(1) When explicitly authorized
				  by a New York statute which specifically authorizes the release of
				  CHRI.
(2) When the release of such
				  information is necessary or appropriate to allow a governmental entity within
				  or without the State to implement or comply with a Federal statute or
				  regulation, or criminal justice site security policy; a statute of this or
				  another state; or a local law or ordinance of a municipality or political
				  subdivision of this State. Determining whether to release CHRI under this
				  paragraph in particular cases is within the commissioner's discretion. The
				  commissioner may consider whether intrusions on privacy outweigh the public
				  need that the provision in question be implemented or followed.
(3) In connection with applications of
				  persons who are required to access DCJS or Federal Bureau of Investigation
				  (FBI) criminal justice information systems or data; engaged in the process of
				  capturing fingerprints for submissions to DCJS or the FBI for criminal history
				  background checks; or responsible for reviewing the results of such
				  fingerprint-based background checks.
(4) When the CHRI concerns a person whose
				  background is being reviewed in connection with executive branch appointment or
				  nomination to a State or judicial office that is not otherwise covered by Civil
				  Service Law, section
				  50(4).
(5) For background checks conducted pursuant
				  to statute, DCJS may, unless otherwise precluded by State statute, notify the
				  print contributor of subsequent arrests of the subject individual.
(6) When CHRI is requested by a qualified
				  agency as defined in Executive Law, section
				  835(9) for an authorized
				  criminal justice function as defined in Executive Law, section
				  835(10) of such
				  agency.
(7) When an individual
				  requests a copy of his or her own CHRI pursuant to Part 6050 of this
				  Title.
(8) When in the
				  commissioner's judgement such release is required in an emergency, or for
				  compelling considerations of public safety, or for other case of extraordinary
				  need.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6051 - Access To Criminal History Record Information And Fees For Conducting Criminal History Record Searches › Section 6051.2 - Access procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Access to CHRI shall be accomplished by execution of a
					 written use and dissemination agreement between DCJS and the agency or
					 organization seeking access, or upon such terms and conditions as DCJS deems
					 necessary and appropriate. Except where otherwise provided by statute, DCJS
					 shall have sole discretion in determining the manner in which services provided
					 shall be furnished.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6051 - Access To Criminal History Record Information And Fees For Conducting Criminal History Record Searches › Section 6051.3 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				  Executive Law, section
				  837(8-a), DCJS shall charge
				  the following fees when it conducts a fingerprint-based search of its criminal
				  history records and returns a report thereon in connection with applications
				  for employment, licenses, or permits:
(1) a
				  basic fee of $25; and
(2) a
				  surcharge in such an amount as authorized by the New York State
				  Legislature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6053 - Processing Juvenile Arrest Records › Section 6053.1 - Juvenile arrest fingerprint card

Current through Register Vol. 46, No. 28, July 10, 2024
Juvenile arrest information reported to DCJS shall be the
					 information required to be entered on form DCJS-2, juvenile arrest fingerprint
					 card.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6053 - Processing Juvenile Arrest Records › Section 6053.2 - Family Court's report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Family Courts within the State of New York shall report to DCJS the final
				  disposition of all petitions wherein:
(1) the
				  original allegation is a charge fingerprintable under the provisions of section 306.1  of the Family Court Act;
(2)
				  an individual originally arrested as a juvenile offender and removed to Family
				  Court, pursuant to article 725 of the Criminal Procedure Law, has at least one
				  charge removed which would constitute a felony if committed by an
				  adult.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6053 - Processing Juvenile Arrest Records › Section 6053.3 - Right to review record information

Current through Register Vol. 46, No. 28, July 10, 2024
The subject of juvenile history record information shall
					 have the same right to review and challenge the contents of his or her own
					 record as an adult has pursuant to Part 6050 of this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6053 - Processing Juvenile Arrest Records › Section 6053.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Fingerprints and related information received and retained
					 by the Division of Criminal Justice Services under the provisions of former
					 section 753-b of The Family Court Act, repealed effective August 31, 1977, are
					 subject to this regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6053 - Processing Juvenile Arrest Records › Section 6053.5 - Latent fingerprint system

Current through Register Vol. 46, No. 28, July 10, 2024
Juvenile arrest fingerprints received and processed by DCJS
					 will be included in the latent fingerprint system. When juvenile arrest
					 fingerprints are destroyed in compliance with the provisions of the Family
					 Court Act, such fingerprint information will also be removed from the latent
					 fingerprint system.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish procedures
					 providing for participation in the Statewide Central Register for Missing
					 Children (hereinafter referred to as the Register).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.2 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information
				  contained in the Register shall be confidential and made available only to
				  those agencies and individuals authorized by section 837-e  of the Executive Law.
(b) Any agency or individual to which
				  Register information is made available will be subject to the rules,
				  regulations and policies of the Division of Criminal Justice Services (DCJS).
				  If such information is made available through the New York State Police
				  Information Network (NYSPIN) and the National Crime Information Center (NCIC),
				  the agency or individual will be subject to the NYSPIN and NCIC rules,
				  regulations and policies dealing with the security and privacy of such
				  information.
Any person who knowingly and intentionally permits the
						release of any information contained in the Register to persons or agencies not
						authorized to receive it, by section 837-e  of the Executive Law, shall be
						guilty of a class A misdemeanor as provided in the
						law
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.3 - Entries into the Register

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Information pertaining to a missing child shall be reported to the Register by
				  criminal justice agencies without delay.
(b) Register information shall be entered
				  through NYSPIN or other telecommunications network approved by DCJS. A DCJS
				  form entitled "Missing Person Data Collection Guide" or equivalent shall be
				  used to assist agencies to facilitate such entry. If an agency does not have
				  access to an approved terminal, the agency shall forward the completed data
				  collection guide to DCJS for entry in the Register.
(c) All available identifying information
				  pertaining to any missing child, including but not limited to fingerprints,
				  blood types, dental information and photographs, shall be forwarded to DCJS for
				  inclusion in the Register.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.4 - Inquiries to the Register

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Inquiries. Inquiries may be made, by those agencies and individuals authorized
				  in section 837-e  of the Executive Law, by any means,
				  including:
(1) the telephone hotline system
				  located at DCJS;
(2) fingerprint
				  cards or correspondence concerning persons under criminal investigation,
				  arrested, incarcerated, applying for employment, licenses, or for any other
				  valid reason; or
(3) terminals
				  located in criminal justice agencies having direct on-line access to the DCJS
				  computer data base, or which have access to the DCJS data base through
				  NYSPIN.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.5 - Disposition of obsolete Register information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All information contained in the DCJS
				  Register shall remain in the Register until cancelled.
(1) Notice of cancellation shall be forwarded
				  to DCJS by the original reporting agency.
(2) Register reports on file at DCJS will
				  also be reviewed periodically to confirm that the subjects of such reports are
				  still missing. Register information will be cancelled if an originating agency
				  fails to reply to a confirmation request issued for this purpose.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.6 - NCIC Register

Current through Register Vol. 46, No. 28, July 10, 2024
DCJS Statewide Register is linked with the NCIC National
					 Register in Washington. All DCJS Register entries, inquiries and cancellations
					 will be automatically transmitted to the NCIC Register and will be processed
					 consistent with NCIC procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter II - Identification And Informational Services › Part 6055 - Central Register For Missing Children › Section 6055.7 - Flagging birth and school records

Current through Register Vol. 46, No. 28, July 10, 2024
Purpose. The purpose of this section is to improve the
					 ability to locate missing children. This section permits agencies of State and
					 local governments to share information that may assist in locating missing
					 children.
(a) Processing.
(1) If there is an indication that a missing
				  child has been forcibly abducted or is categorized as endangered, immediately
				  after entry into the Register, DCJS will notify the Commissioner of the New
				  York State Department of Health, or if the child was born in the city of New
				  York, the Commissioner of the New York City Department of Health, that a child
				  has been reported as missing and request flagging of the appropriate records.
				  If there is no indication that a missing child has been forcibly abducted or
				  categorized as endangered or if a missing child is categorized as a runaway,
				  within 30 days from the date of entry into the Register, DCJS will notify the
				  Commissioner of the New York State Department of Health, or if the child was
				  born in the City of New York, the Commissioner of the New York City Department
				  of Health, that a child has been reported as missing and request flagging of
				  the appropriate records. If DCJS has reason to believe that a missing child has
				  at any time been, or is enrolled in a New York State school, it shall notify
				  the last known school district of the missing child.
(2) Upon learning of the recovery of any
				  missing child whose birth record or school record has been flagged, DCJS shall
				  notify the commissioner of the New York State Department of Health, or the
				  commissioner of the New York City Department of Health if the child was born in
				  the city of New York, and the child's last known school district, as
				  appropriate.
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 6056.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth reporting and
					 recordkeeping procedures to be followed by employers of police and peace
					 officers and by the Division of Criminal Justice Services in maintaining the
					 Central State Registry of Police Officers and Peace Officers, pursuant to
					 section 845  of the Executive Law, and:
(a) to provide for the establishment and
				  maintenance of a permanent system of identification for each police and peace
				  officer whose name is required by law to be entered in the Central State
				  Registry of Police Officers and Peace Officers, pursuant to section 845(3) of
				  such law;
(b) to ensure the
				  accuracy of the information contained in the Central State Registry of Police
				  Officers and Peace Officers and the integrity of the registry as a public
				  record;
(c) to ensure that persons
				  whose names are contained in the Central State Registry of Police Officers and
				  Peace Officers are lawfully appointed; and
(d) to enhance the ability of the Division of
				  Criminal Justice Services to cooperate with the Division of State Police in
				  making information in the Central State Registry of Police Officers and Peace
				  Officers available for the purpose of verifying transactions involving
				  firearms, pursuant to section 845(5) of such law.
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 6056.2 - 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) Employer means the chief executive
				  officer of any State or local agency, unit of local government, State or local
				  commission, public authority, or organization which employs police officers or
				  peace officers.
(d) Police officer
				  means a person designated as such in section
				  1.20(34)  of the Criminal
				  Procedure Law.
(e) Peace officer
				  means a person designated as such in section
				  2.10 and
				  2.16 of the Criminal Procedure Law.
(f) Registry means the Central
				  State Registry of Police Officers and Peace Officers created by section 845  of the Executive Law.
(g) Removal for cause of a full-time or
				  part-time employee means removal for incompetence or misconduct:
(1) pursuant to (a) a hearing held under
				  section 75  of the Civil Service Law; (b) a collective
				  bargaining agreement, or any general, special or local law, or charter
				  provision in accordance with section 76  of the Civil Service Law; or (c) any other
				  applicable law; or
(2) by an
				  employee's resignation or retirement while a disciplinary process has commenced
				  pursuant to paragraph (1) of this subdivision which may result in removal;
				  or
(3) after an employee's waiver
				  of any rights available pursuant to one of the processes described in paragraph
				  (1) of this subdivision which may result in removal.
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 6056.3 - Division responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The division shall maintain the Central State Registry of Police Officers and
				  Peace Officers, pursuant to section 845  of the Executive Law. The division shall
				  enter into such registry all information concerning police or peace officers
				  required to be reported by employers by such law and in accordance with such
				  rules and regulations as the commissioner may adopt to ensure the accuracy of
				  such information and integrity of the registry as a public record.
(b) The division shall not enter the name of
				  any person in the registry if it has knowledge that such person is not lawfully
				  appointed or eligible to be a police or peace officer, notwithstanding the
				  submission of the name of such person by an employer for
				  registration.
(c) Where the
				  division has cause to believe that any person whose name is submitted for entry
				  in the registry or who is registered as a police or peace officer may not be
				  eligible, the division shall proceed pursuant to section
				  6056.6  of
				  this Part.
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 6056.4 - Employer reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each employer shall, in the form set
				  forth in section
				  6056.5  of this
				  Part, with respect to each police or peace officer employed by it, submit or
				  cause to be submitted the following:
(1)
				  name;
(2) social security
				  number;
(3) date of birth;
(4) rank or title;
(5) official station;
(6) whether employed full-time or part-time;
				  and
(7) date of appointment or
				  employment. Employers shall inform police or peace officer employees that
				  disclosure of an employee's social security number is for identification
				  purposes only and is voluntary on the employee's part. A post-office box number
				  shall not be accepted as an employee's permanent residence or
				  domicile.
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 6056.5 - Form for reports

Current through Register Vol. 46, No. 28, July 10, 2024
Information reported in accordance with the provisions of
					 section
					 6056.4 
					 of this Part shall be reported as follows:
(a) Each police officer employer shall
				  complete and submit for each police officer employee the form entitled "Police
				  Officer Registry Entry Form" available on request from the division. Such form
				  shall be submitted to the division at the time of initial
				  appointment.
(b) Each peace officer
				  employer shall complete and submit for each peace officer employee the form
				  entitled "Peace Officer Registry Entry Form" available on request from the
				  division. Such form shall be submitted to the division at the time of initial
				  appointment.
(c) Each employer
				  shall immediately notify the division when an officer's registry information
				  needs to be modified or deleted, including when such officer ceases to serve
				  pursuant to section
				  6056.4(c).
				  Such information shall be submitted on the form entitled "Registry Update
				  Form."
(d) Each employer shall
				  notify the division no later than the 15th day of each January of the names of
				  all police or peace officers who have ceased to be employed by it in the
				  preceding twelve months.
(e) The
				  division may provide each employer with a list of all police or peace officers
				  identified in the registry as employed by it. The employer shall examine such
				  list and return it to the division, deleting therefrom the names of any persons
				  no longer employed by it as police or peace officers. Completion and submission
				  of such a list shall be deemed compliance with the reporting requirements of
				  subdivision (d) of this section.
(f) The commissioner may approve a reporting
				  format other than that set forth in subdivisions (a), (b), (c) or (d) of this
				  section. Such approval shall be granted in writing.