N.Y. Exec. Law § 576

§ 576. Batterers project. 1. Definitions. As used in this section:\n (a) "Batterers program" means a program approved as provided herein\nwhich is operated by a public or not-for-profit organization for the\npurpose of providing battering prevention and educational services whose\ngoal is to help clients end abusive behaviors. Components of such\nprograms shall include but not be limited to: an educational instruction\nand group discussion model to provide information about domestic\nviolence including the illegality of domestic violence, and the\nresponsibility for and the alternative choices to abusive behavior; a\nlong term group whose goal is to help end the violent behavior of its\nparticipants; and formal and established linkages to the local criminal\njustice system and to area domestic violence programs.\n (b) "Client" means a person referred to a batterers program by an\norder of the family, criminal or supreme court, by a state, local or\nprivate agency, or a person who is self-referred, and who is accepted by\nthe batterers program.\n (c) "Domestic violence program" means residential programs defined in\nsubdivision four of section four hundred fifty-nine-a of the social\nservices law.\n (d) "Domestic violence" means acts as referred to in and qualified by\nsection four hundred fifty-nine-a of the social services law.\n (e) "Office" means the New York state office for the prevention of\ndomestic violence established by this article.\n 2. Establishment of batterers programs; authorization. (a) The office\nis hereby authorized to contract, from amounts appropriated therefor,\nfor the provision of not less than five batterers programs in counties\nas provided herein. No single contract for such a program shall exceed\nthe sum of fifty thousand dollars per annum.\n (b) In approving contracts pursuant to this section, the office shall\nseek to establish a meaningful balance between rural, urban and suburban\ncounties.\n (c) The office shall not approve contracts for establishment of\nprograms in counties that have no access to domestic violence programs.\n (d) In implementing the project authorized by this section and in\ncarrying out its responsibilities hereunder the office shall consult\nwith such other persons and organizations with expertise in the field of\ndomestic violence as may be necessary or appropriate to assure the\nsuccess of the project.\n 3. Establishment of batterers programs; eligibility. Prior to\napproving contracts authorized by this section, the office shall solicit\napplications from public or not-for-profit organizations which shall\naddress the following:\n (a) A description of the components of the proposed program, including\nbut not limited to:\n (i) the population to be served;\n (ii) the program objectives;\n (iii) the implementation plan for the prevention and educational\nservices to be provided, including the educational instruction and group\ndiscussion model and the long term group;\n (iv) the reporting procedures designed to advise the referring court\nor agency of the client's attendance and participation in the program;\n (v) the proposed annual budget of the program, including, in the case\nof any already established program, an assurance that funds received\npursuant to this act will not serve to substitute for any other funds\nordinarily and customarily received by such organization for the\nprovision of the program;\n (vi) the formal and established or proposed linkages to area domestic\nviolence programs and to the local criminal justice system, including\nthe judiciary, probation and police departments, and the district\nattorney;\n (vii) the existing or proposed community education component of the\nprogram;\n (viii) any other services proposed to be provided; and\n (ix) any other information deemed necessary by the office.\n (b) Assurance of planning, cooperation and coordination with, and\nsupport by, the domestic violence program, the criminal justice system,\nand other appropriate officials and services.\n (c) Assurance that the program will not provide couple counseling or\nmediation, as such terms shall be defined by the office.\n (d) Assurance that the batterers program shall have policies\nregarding:\n (i) referrals for whom batterers programs are not appropriate;\n (ii) suicide and homicide threats by clients; and\n (iii) confidentiality, in accordance with standards promulgated by the\noffice.\n (e) Assurance that the batterers program will participate in the\ndesignated training program and evaluation process to be provided as\nrequired herein by the office.\n 4. Establishment of batterers programs; approval. In approving any\nprogram for inclusion in the project authorized by this section, the\noffice shall consider the following:\n (a) Whether in the county in which the proposed batterers program is\nto operate there exists or can be established a coordinated criminal\njustice response to domestic violence, including the development and\ncoordination of judicial, law enforcement, probation, and prosecutorial\npolicies;\n (b) Whether the establishment of a batterers program has the support\nof the judiciary, which shall be provided or assured in such manner and\nform as is acceptable to the office;\n (c) Whether the organization proposing to contract for such batterers\nprogram has the capacity to plan for and operate such program;\n (d) Whether the organization proposing to contract for such batterers\nprogram has the ability and intention to work cooperatively with the\noffice in operating and evaluating the effectiveness of such program;\nand\n (e) Such other factors as may be deemed necessary or appropriate by\nthe office to implement the provisions of this section.\n 5. Training and technical assistance. (a) The office shall, in\nconjunction with the office of probation and correctional alternatives,\nprovide or arrange to be provided technical assistance and training as\nrequested or necessary to programs approved pursuant to this act to\ndevelop appropriate services and train staff, improve coordination with\nthe domestic violence program, other appropriate support services, the\ncriminal justice system, including the judiciary, the police, the\ndistrict attorney, and other appropriate officials and services.\n (b) The office shall, in conjunction with the office of probation and\ncorrectional alternatives, provide any requested or necessary assistance\nto local departments of probation to assist in the development of local\nplans, policies and procedures for case referral, coordination, and\nmonitoring of clients with appropriate agencies and persons.\n 6. Evaluation and reports. (a) The office shall evaluate the project.\nIn implementing its responsibilities under this subdivision the office\nshall consult with such other persons and organizations with expertise\nin the field of domestic violence as may be necessary or appropriate to\nassure the success of the evaluation. The evaluation shall measure\nprogram operation and effectiveness.\n (i) The evaluation of program implementation and operation shall\nexamine the following factors:\n (A) pertinent and appropriate factors concerning clients including but\nnot limited to age, education, income, employment status, marital\nstatus, number of children and their ages, alcohol or substance use, and\npersonal history of family violence;\n (B) the total number of clients referred to the program, identified by\nreferral source;\n (C) the total number of persons determined to be inappropriate for\nservices, and the reasons therefor;\n (D) the number of clients enrolled in the program, the number\ncompleting the program, the number failing to complete and the reasons\ntherefor;\n (E) the number of classes or group meetings; and\n (F) such other factors as the office may deem necessary and\nappropriate.\n (ii) The evaluation of program outcome shall include but not be\nlimited to: (A) unofficial, self-reported incidence of domestic violence\nprior to referral to the program, during program participation, and\nfollowing program completion at time intervals deemed appropriate during\nthe evaluation process; and (B) such other factors as shall be deemed\nsignificant in measuring outcome.\n (b) The office shall develop standardized data collection tools,\nprocedures for data collection and guidelines for confidentiality of the\ninformation collected for the evaluation specified in paragraph (a) of\nthis subdivision. The office shall consult with and consider the\ncomments of such other persons and organizations with expertise in the\nfield of domestic violence as may be necessary to assure the\nappropriateness of such tools, procedures, and guidelines.\n (c) The office shall prepare and submit to the governor, the temporary\npresident of the senate and the speaker of the assembly not later than\nMay fifteenth, nineteen hundred ninety-three, a final report regarding\nthe implementation, operation and evaluation of the project. Such report\nshall include data on each of the factors specified in paragraph (a) of\nthis subdivision, and any recommendations for change or improvement of\nthe project. In making and preparing such report the office shall\nconsult with and consider the comments of such other persons and\norganizations with expertise in the field of domestic violence as may be\nnecessary or appropriate to assure the completeness of the report.\n (d) In addition, the final report required by paragraph (c) of this\nsubdivision shall include an evaluation analyzing the effectiveness of\nthe programs comprising the project and shall include recommendations\nregarding the continuation of the programs, based on such evaluation.\n