N.Y. Exec. Law § 837

§ 837. Functions, powers and duties of division. The division shall\nhave the following functions, powers and duties:\n 1. Advise and assist the governor in developing policies, plans and\nprograms for improving the coordination, administration and\neffectiveness of the criminal justice system;\n 2. Make recommendations to agencies in the criminal justice system for\nimproving their administration and effectiveness:\n 3. Act as the official state planning agency pursuant to the federal\nacts; in accordance therewith, prepare, evaluate and revise statewide\ncrime control and juvenile delinquency prevention and control plans; and\nreceive and disburse funds from the federal government;\n 4. In cooperation with the state administrator of the unified court\nsystem as well as any other public or private agency,\n (a) through the central data facility collect, analyze, evaluate and\ndisseminate statistical and other information and data; and\n (b) undertake research, studies and analyses and act as a central\nrepository, clearinghouse and disseminator of research studies, in\nrespect to criminal justice functions and any agency responsible for a\ncriminal justice function, with specific attention to the effectiveness\nof existing programs and procedures for the efficient and just\nprocessing and disposition of criminal cases; and\n (b-1) collect data and undertake research, studies and analyses of\njudicial diversion programs including but not limited to the judicial\ndiversion program described in article two hundred sixteen of the\ncriminal procedure law; and\n (c) collect and analyze statistical and other information and data\nwith respect to the number of crimes reported or known to police\nofficers or peace officers, the number of persons arrested for the\ncommission of offense, the offense for which the person was arrested,\nthe county within which the arrest was made and the accusatory\ninstrument filed, the disposition of the accusatory instrument\nincluding, but not limited to, as the case may be, dismissal, acquittal,\nthe offense to which the defendant pled guilty, the offense the\ndefendant was convicted of after trial, and the sentence; and where a\nfirearm as defined in section 265.00 of the penal law or machine gun,\nrifle or shotgun comes into the custody of police officers or peace\nofficers in the course of an investigation of such crime or offense, the\nmake, model type, caliber and magazine or cylinder capacity of any such\nfirearm and whether possession of such firearm by the defendant is\nlicensed or unlicensed and if confiscated at arrest, the style and\nmanufacturer of any ammunition; and\n (d) Supply data, upon request, to federal bureaus or departments\nengaged in collecting national criminal statistics; and\n (e) Supply data, including confidential and sealed criminal history\nrecord information, for bona fide research purposes. Such information\nshall be disseminated in accordance with procedures established by the\ndivision to assure the security and privacy of identification and\ninformation data, which shall include the execution of an agreement\nwhich protects the confidentiality of the information and reasonably\nprotects against data linkage to individuals; and\n (f) Accomplish all of the functions, powers, and duties set forth in\nparagraphs (a), (b), (c) and (d) of this subdivision with respect to the\nprocessing and disposition of cases involving violent felony offenses\nspecified in subdivision one of section 70.02 of the penal law.\n 4-a. In cooperation with the state administrator of the unified court\nsystem as well as any other public or private agency, collect and\nanalyze statistical and all other information and data with respect to\nthe number of environmental crimes and offenses in violation of articles\ntwenty-seven, thirty-seven and forty, and titles twenty-seven and\nthirty-seven of article seventy-one of the environmental conservation\nlaw reported or known to the department of environmental conservation,\nthe division of state police, and all other police or peace officers,\nthe number of persons arrested for the commission of said violation, the\noffense for which the person was arrested, the county within which the\narrest was made and the accusatory instrument filed, the disposition of\nthe accusatory instrument filed, including, but not limited to, as the\ncase may be, dismissal, acquittal, the offense to which the defendant\npled guilty, the offense the defendant was convicted of after trial, and\nthe sentence or monetary penalty levied, or the civil disposition of the\noffense if such offense was adjudicated by civil means.\n 4-b. In cooperation with any public or private agency or entity,\ncollect and analyze statistical data and all other information and data\nwith respect to the number of crimes and offenses committed against\nemployees of the city of New York responsible for enforcing certain\nregulations in such city, while such employees were enforcing or\nattempting to enforce such regulations and reported or known to any law\nenforcement agency, the number of persons arrested for the commission of\nsaid offenses, the offense for which the person was arrested, the county\nwithin which the arrest was made and the accusatory instrument filed,\nthe disposition of the accusatory instrument filed, including but not\nlimited to, as the case may be, dismissal, acquittal, the offense to\nwhich the defendant pled guilty, the offense the defendant was convicted\nof after trial, and the sentence or other penalty levied. For the\npurposes of this subdivision, an employee of the city of New York\nresponsible for enforcing certain regulations in such city shall mean a\ntraffic enforcement agent or an employee of the department of sanitation\nwho is authorized to issue notices of violation, summons or appearance\ntickets.\n 4-c. In cooperation with the chief administrator of the courts as well\nas any other public or private agency, including law enforcement\nagencies, collect and analyze statistical and all other information and\ndata with respect to the number of hate crimes reported to or\ninvestigated by the division of state police, and all other police or\npeace officers, the number of persons arrested for the commission of\nsuch crimes, the offense for which the person was arrested, the county\nwithin which the arrest was made and the accusatory instrument filed,\nthe disposition of the accusatory instrument filed, including, but not\nlimited to, as the case may be, dismissal, acquittal, the offense to\nwhich the defendant pled guilty, the offense the defendant was convicted\nof after trial, and the sentence imposed. The division shall include the\nstatistics and other information required by this subdivision in the\nannual report submitted to the governor and legislature pursuant to\nsubdivision twelve of this section.\n 5. Conduct studies and analyses of the administration or operations of\nany criminal justice agency when requested by the head of such agency,\nand make the results thereof available for the benefit of such agency;\n 5-a. Undertake to furnish or make available to the district attorneys\nof the state such supportive services and technical assistance as the\ncommissioner and any one or more of the district attorneys shall agree\nare appropriate to promote the effective performance of his or their\nprosecutorial functions.\n 6. Establish, through electronic data processing and related\nprocedures, a central data facility with a communication network serving\nqualified agencies anywhere in the state, so that they may, upon such\nterms and conditions as the commissioner, and the appropriate officials\nof such qualified agencies shall agree, contribute information and,\nexcept as provided in subdivision two of section 306.2 of the family\ncourt act, have access to information contained in the central data\nfacility, which shall include but not be limited to such information as\ncriminal record, personal appearance data, fingerprints, photographs,\nand handwriting samples;\n 6-a. Upon request, provide an inmate of the state or local\ncorrectional facility, at no charge, with a copy of all criminal history\ninformation maintained on file by the division pertaining to such\ninmate.\n 7. Receive, process and file fingerprints, photographs and other\ndescriptive data for the purpose of establishing identity and previous\ncriminal record;\n 7-a. Receive, process and file orders granting a change of name to\npersons convicted of a felony subject to the provisions of subdivision\ntwo of section sixty-one of the civil rights law;\n 8. Adopt appropriate measures to assure the security and privacy of\nidentification and information data;\n 8-a. Charge a fee when, pursuant to statute or the regulations of the\ndivision, it conducts a search of its criminal history records and\nreturns a report thereon in connection with an application for\nemployment or for a license or permit. The division shall adopt and may,\nfrom time to time, amend a schedule of such fees which shall be in\namounts determined by the division to be reasonably related to the cost\nof conducting such searches and returning reports thereon but, in no\nevent, shall any such fee exceed twenty-five dollars and an additional\nsurcharge of fifty dollars. The comptroller is hereby authorized to\ndeposit such fees into the general fund, provided, however, that the\nmonies received by the division of criminal justice services for payment\nof the additional surcharge shall be deposited in equal amounts to the\ngeneral fund and to the fingerprint identification and technology\naccount. Notwithstanding the foregoing, the division shall not request\nor accept any fee for searching its records and supplying a criminal\nhistory report pursuant to section two hundred fifty-one-b of the\ngeneral business law relating to participating in flight instruction at\nany aeronautical facility, flight school or institution of higher\nlearning.\n 8-b. Notwithstanding any other provision of law to the contrary,\ncharge a fee for the provision of agency materials and publications,\nconferences, criminal history record reviews, legal services, the\nprovision of services to analyze or prepare data that is not prepared in\nthe ordinary course of business, the provision of information in a\ncomputerized format, the application for approval and renewal of\nsecurity guard training schools and the certification and renewal\ncertification of security guard instructors, the service and repair of\nmunicipal law enforcement agency equipment and collect reimbursement and\nother moneys. Such fees shall be reasonably related to the actual costs\nincurred, including the costs of salaries, computer time, shipping and\nhandling, as appropriate. The comptroller is hereby authorized to\ndeposit such fees into the general fund effective August thirty-first,\nnineteen hundred ninety-six.\n 8-c. Notwithstanding the provisions of section one hundred three of\nthe general municipal law, section one hundred seventy-four of the state\nfinance law and any other general, special or local law to the contrary,\nany officer, board or agency of a political subdivision or state agency\nauthorized to make purchases of materials, equipment or supplies, may\nmake such purchases of statewide automated fingerprint identification\nsystem-related materials, equipment or supplies, through the agreement\nexecuted between the division and North American Morpho Systems, Inc.\nNotwithstanding any other law to the contrary, the division shall be\nauthorized to enter into voluntary cost-sharing arrangements with local\ncriminal justice agencies for expanded facsimile services and criminal\njustice information access through the criminal justice data\ncommunications network.\n 9. Accept, agree to accept and contract as agent of the state, with\nthe approval of the governor, any grant, including federal grants, or\nany gift for any of the purposes of this article;\n 10. Accept, with the approval of the governor, as agent of the state,\nany gift, grant, devise or bequest, whether conditional or unconditional\n(notwithstanding the provisions of section eleven of the state finance\nlaw), including federal grants, for any of the purposes of this article.\nAny monies so received may be expended by the division to effectuate any\npurpose of this article, subject to the same limitations as to approval\nof expenditures and audit as are prescribed for state monies\nappropriated for the purposes of this article;\n 11. Enter into contracts with any person, firm, corporation,\nmunicipality, or governmental agency;\n 12. Make an annual report to the governor and legislature concerning\nits work during the preceding year, and such further interim reports to\nthe governor, or to the governor and legislature, as it shall deem\nadvisable, or as shall be required by the governor;\n 13. Adopt, amend or rescind such rules and regulations as may be\nnecessary or convenient to the performance of the functions, powers and\nduties of the division;\n 14. Do all other things necessary or convenient to carry out the\nfunctions, powers and duties expressly set forth in this article.\n 15. * Promulgate, in consultation with the superintendent of state\npolice and the state office for the prevention of domestic violence, a\nstandardized "domestic violence incident report form" for use by state\nand local law enforcement agencies in the reporting, recording and\ninvestigation of all alleged incidents of domestic violence, regardless\nof whether an arrest is made as a result of such investigation. Such\nform shall be prepared in multiple parts, one of which shall be\nimmediately provided to the victim, and shall include designated spaces\nfor: the recordation of the results of the investigation by the law\nenforcement agency and the basis for any action taken; the recordation\nof a victim's allegations of domestic violence; the age and gender of\nthe victim and the alleged offender or offenders; and immediately\nthereunder a space on which the victim may sign and verify such victim's\nallegations. Such form shall also include, but not be limited to spaces\nto identify:\n * NB Effective until February 18, 2016\n * Promulgate, in consultation with the superintendent of state police\nand the state office for the prevention of domestic violence, and in\naccordance with paragraph (f) of subdivision three of section eight\nhundred forty of this article, a standardized "domestic violence\nincident report form" for use by state and local law enforcement\nagencies in the reporting, recording and investigation of all alleged\nincidents of domestic violence, regardless of whether an arrest is made\nas a result of such investigation. Such form shall be prepared in\nmultiple parts, one of which shall be immediately provided to the\nvictim, and shall include designated spaces for: the recordation of the\nresults of the investigation by the law enforcement agency and the basis\nfor any action taken; the recordation of a victim's allegations of\ndomestic violence; the age and gender of the victim and the alleged\noffender or offenders; and immediately thereunder a space on which the\nvictim may sign and verify such victim's allegations. Such form shall\nalso include, but not be limited to spaces to identify:\n * NB Effective February 18, 2016\n (a) what other services or agencies, including but not limited to\nmedical, shelter, advocacy and other supportive services are or have\npreviously been involved with the victim; and\n (b) whether the victim has been provided with the written notice\ndescribed in subdivision five of section eight hundred twelve of the\nfamily court act and subdivision six of section 530.11 of the criminal\nprocedure law.\n 16. Operate a toll-free twenty-four hour telephone number that members\nof the public may call to obtain information as to resources available\nto the public to assist in the location and recovery of missing persons.\nSuch toll-free telephone line may be operated by the division as part of\nthe toll-free telephone line established pursuant to section eight\nhundred thirty-seven-f of this article. Furthermore, all such\ninformation relating to the locating and recovery of missing persons may\nbe included on the division homepage established pursuant to section\neight hundred forty-three of this article.\n 17. In consultation with the district attorneys, develop and operate a\nwitness protection program. Within the amounts available by\nappropriation, such program shall provide assistance to district\nattorneys in protecting witnesses and victims, including their family\nmembers, who may suffer physical or emotional harm, intimidation or\nretaliatory violence as a result of the cooperation of the witness or\nvictim with law enforcement, with a particular emphasis on vulnerable\nwitnesses and victims, including witnesses to and victims of domestic\nviolence and sexual exploitation and witnesses and victims testifying\nagainst violent or dangerous defendants. Such assistance may include,\nbut not be limited to, administrative measures to: (a) facilitate name\nchanges and receipt of new identification documents for witnesses and\nvictims in appropriate cases; and (b) provide a range of protective\nservices, including, when necessary, relocating victims and witnesses,\nand their family members. The division may enter into contracts with any\nperson, firm, corporation, not-for-profit entity or governmental agency\nto provide administrative oversight and assistance in the operation of\nthis program, may issue appropriate guidelines and may adopt, amend or\nrescind any rules and regulations as may be necessary or convenient to\nthe operation of the program. These guidelines and regulations shall\ninclude a process by which district attorneys may apply for\nreimbursement of the costs of providing witness protection services.\n 18. In cooperation with any public or private agency or entity,\nundertake to make and furnish an instructional video relating to how\nsexual predators lure children. The video shall be geared toward\nparental information and education. The division shall distribute a copy\nof the video to all public libraries and police departments for public\nuse and viewing.\n 19. Receive names and other non-clinical identifying information\npursuant to section 9.46 of the mental hygiene law; provided, however,\nany such information shall be destroyed five years after such receipt,\nor pursuant to a proceeding brought under article seventy-eight of the\ncivil practice law and rules determining that an individual is eligible\nfor a license pursuant to section 400.00 of the penal law and otherwise\npermitted to possess a firearm.\n 20. To assist the department of agriculture and markets in developing\ninformation about animal cruelty and protection laws pursuant to\nsubdivision forty-eight of section sixteen of the agriculture and\nmarkets law.\n