N.Y. Exec. Law § 840

§ 840. Functions, powers and duties of council. 1. The council may\nrecommend to the governor rules and regulations with respect to:\n (a) The approval, or revocation thereof, of police training schools\nadministered by municipalities;\n (b) Minimum courses of study, attendance requirements, and equipment\nand facilities to be required at approved municipal police training\nschools;\n (c) Minimum qualifications for instructors at approved police training\nschools;\n (d) The requirements of minimum basic training which police officers\nappointed to probationary terms shall complete before being eligible for\npermanent appointment, and the time within which such basic training\nmust be completed following such appointment to a probationary term;\n (e) The requirements of minimum basic training which police officers\nnot appointed for probationary terms but appointed on other than a\npermanent basis shall complete in order to be eligible for continued\nemployment or permanent appointment, and the time within which such\nbasic training must be completed following such appointment on a\nnon-permanent basis;\n (f) The requirements of minimum basic training which peace officers\nmust complete before being eligible for certification as peace officers,\npursuant to section 2.30 of the criminal procedure law;\n (g) Categories or classifications of advanced in-service training\nprograms and minimum courses of study and attendance requirements with\nrespect to such categories or classifications; and\n (h) Exemptions from particular provisions of this article in the case\nof any city having a population of one million or more, or in the case\nof the state department of corrections and community supervision if in\nits opinion the standards of police officer or peace officer training\nestablished and maintained by such city or department are higher than\nthose established pursuant to this article; or revocation in whole or in\npart of such exemption, if in its opinion the standards of police\nofficer or peace officer training established and maintained by such\ncity or department are lower than those established pursuant to this\narticle.\n (i) The establishment, in cooperation with the division of state\npolice, of a formalized consumer product tampering training program for\nall law enforcement personnel.\n (j) (1) Development, maintenance and dissemination of written policies\nand procedures pursuant to title six of article six of the social\nservices law and applicable provisions of article ten of the family\ncourt act, regarding the mandatory reporting of child abuse or neglect,\nreporting procedures and obligations of persons required to report,\nprovisions for taking a child into protective custody, mandatory\nreporting of deaths, immunity from liability, penalties for failure to\nreport and obligations for the provision of services and procedures\nnecessary to safeguard the life or health of the child; (2)\nestablishment and implementation on an ongoing basis, of a training\nprogram for all current and new police officers regarding the policies\nand procedures established pursuant to this paragraph; and (3)\nestablishment of a training program for police officers whose main\nresponsibilities are juveniles and the laws pertaining thereto, which\ntraining program shall be successfully completed before such officers\nare accredited pursuant to section eight hundred forty-six-h of this\nchapter.\n (k) Development, maintenance and dissemination, in consultation with\nthe department of agriculture and markets, of written policies and\nprocedures pursuant to animal cruelty and protection laws, including,\nbut not limited to, article twenty-six of the agriculture and markets\nlaw, section 352.3 of the family court act as it applies to companion\nanimals, and applicable provisions of the penal law, regarding the\ninvestigation and prevention of any act of cruelty to animals. The\ncouncil shall make provisions in such policies and procedures for the\neducation and training in enforcement of such animal cruelty and\nprotection laws.\n (l) Exemptions from particular provisions of this article in the case\nof peace officers appointed by the superintendent of state police if in\nits opinion the standards of peace officer training provided by the\ndivision of state police exceed those established pursuant to this\narticle.\n (m) Establishment and implementation on an ongoing basis, of a\ntraining program for all current and new police officers and peace\nofficers regarding the policies and procedures established pursuant to\nparagraph (k) of this subdivision.\n 2. The council shall promulgate, and may from time to time amend, such\nrules and regulations prescribing height, weight and physical fitness\nrequirements for eligibility of persons for provisional or permanent\nappointment in the competitive class of the civil service as police\nofficers of any county, city, town, village or police district as it\ndeems necessary and proper for the efficient performance of police\nduties.\n 2-a. The council, in consultation with the state commission of\ncorrection, shall promulgate rules and regulations with respect to:\n (a) The approval, or revocation thereof, of basic and other\ncorrectional training programs administered by municipalities;\n (b) Minimum courses of study, attendance requirements, and equipment\nand facilities to be required at approved basic and other correctional\ntraining programs;\n (c) Minimum qualifications for instructors at approved basic and other\ncorrectional training programs; and\n (d) The requirements of a minimum basic correctional training program\nrequired by subdivision nine of section eight hundred thirty-seven-a of\nthis article.\n 3. The council shall, in addition: (a) Consult with, advise and make\nrecommendations to the commissioner with respect to the exercise of his\nor her functions, powers and duties as set forth in section eight\nhundred forty-one of this article;\n (b) Recommend studies, surveys and reports to be made by the\ncommissioner regarding the carrying out of the objectives and purposes\nof this section;\n (c) Visit and inspect any police training school and correctional\ntraining programs approved by the commissioner or for which application\nfor such approval has been made;\n (d) Make recommendations, from time to time, to the commissioner, the\ngovernor and the legislature, regarding the carrying out of the purposes\nof this section;\n (e) Perform such other acts as may be necessary or appropriate to\ncarry out the functions of the council;\n * (f) Develop, maintain and disseminate, in consultation with the\nstate office for the prevention of domestic violence, written policies\nand procedures consistent with article eight of the family court act and\napplicable provisions of the criminal procedure and domestic relations\nlaws, regarding the investigation of and intervention by new and veteran\npolice officers in incidents of family offenses. Such policies and\nprocedures shall make provisions for education and training in the\ninterpretation and enforcement of New York's family offense laws,\nincluding but not limited to:\n (1) intake and recording of victim statements, on a standardized\n"domestic violence incident report form" promulgated by the division of\ncriminal justice services in consultation with the superintendent of\nstate police, representatives of local police forces and the state\noffice for the prevention of domestic violence, and the investigation\nthereof so as to ascertain whether a crime has been committed against\nthe victim by a member of the victim's family or household as such terms\nare defined in section eight hundred twelve of the family court act and\nsection 530.11 of the criminal procedure law; and\n (2) the need for immediate intervention in family offenses including\nthe arrest and detention of alleged offenders, pursuant to subdivision\nfour of section 140.10 of the criminal procedure law, and notifying\nvictims of their rights, including but not limited to immediately\nproviding the victim with the written notice required in subdivision six\nof section 530.11 of the criminal procedure law and subdivision five of\nsection eight hundred twelve of the family court act;\n * NB Effective until February 18, 2016\n * (f) Develop, maintain and disseminate, in consultation with the\nstate office for the prevention of domestic violence, written policies\nand procedures consistent with article eight of the family court act and\napplicable provisions of the criminal procedure and domestic relations\nlaws, regarding the investigation of and intervention by new and veteran\npolice officers in incidents of family offenses. Such policies and\nprocedures shall make provisions for education and training in the\ninterpretation and enforcement of New York's family offense laws,\nincluding but not limited to:\n (1) intake and recording of victim statements, and the prompt\ntranslation of such statements if made in a language other than English,\nin accordance with subparagraph three of this paragraph, on a\nstandardized "domestic violence incident report form" promulgated by the\ndivision of criminal justice services in consultation with the\nsuperintendent of state police, representatives of local police forces\nand the state office for the prevention of domestic violence, and the\ninvestigation thereof so as to ascertain whether a crime has been\ncommitted against the victim by a member of the victim's family or\nhousehold as such terms are defined in section eight hundred twelve of\nthe family court act and section 530.11 of the criminal procedure law;\nand\n (2) the need for immediate intervention in family offenses including\nthe arrest and detention of alleged offenders, pursuant to subdivision\nfour of section 140.10 of the criminal procedure law, and notifying\nvictims of their rights, in their native language, if identified as\nother than English, in accordance with subparagraph three of this\nparagraph, including but not limited to immediately providing the victim\nwith the written notice required in subdivision six of section 530.11 of\nthe criminal procedure law and subdivision five of section eight hundred\ntwelve of the family court act;\n (3) determine, in consultation with the superintendent of state police\nand the office for the prevention of domestic violence, the languages in\nwhich such translation required by subparagraph one of this paragraph,\nand the notification required by subparagraph two of this paragraph,\nshall be provided. Such determination shall be based on the size of the\nNew York state population that speaks each language and any other\nrelevant factor. Such written notice required pursuant to subparagraph\ntwo of this paragraph shall be made available to all local law\nenforcement agencies throughout the state. Nothing in this paragraph\nshall prevent the council from using the determinations made by the\nsuperintendent of state police pursuant to subdivision (c) of section\ntwo hundred fourteen-b of this chapter;\n * NB Effective February 18, 2016\n * (f-1) Develop, maintain and disseminate, in consultation with the\noffice of temporary and disability assistance and the division of\ncriminal justice services, written policies and procedures regarding\nhuman trafficking victims. Such policies and procedures shall include,\nbut not be limited to the following: (1) the identification of potential\nvictims of human trafficking, as defined under section four hundred\neighty-three-aa of the social services law; and (2) information and/or\nreferral to appropriate social and legal services for victims of human\ntrafficking in accordance with section four hundred eighty-three-bb of\nthe social services law;\n * NB Effective January 19, 2016\n (g) Develop, maintain and disseminate, in consultation with the state\ndivision of human rights and the state civil service department, written\npolicies and procedures to enhance police and correctional officer\nrecruitment efforts and to increase police and correctional officer\nawareness of racial, ethnic, religious and gender differences, and other\ndiversity issues, in communities served by such police and in\ncorrectional facilities; and\n (h) Consult with the state commission of correction regarding\ncorrectional training programs.\n 4. The council shall, in addition:\n (a) Develop, maintain and disseminate, in consultation with rape\ncrisis centers experienced in assisting victims in this state, written\npolicies and procedures consistent with applicable provisions of the\nfamily court act, domestic relations law, criminal procedure law and the\npenal law, regarding the investigation of and intervention by new and\nveteran police officers in crimes involving sexual assault. Such\npolicies and procedures shall make provisions for education and training\nof new and veteran police officers in the investigation and enforcement\nof crimes involving sexual assault under state law, including but not\nlimited to:\n (1) techniques for interviewing sexual assault victims,\n (2) fair treatment standards for crime victims pursuant to article\ntwenty-three of this chapter,\n (3) evidence gathering and evidence preservation, and\n (4) dissemination of information concerning availability of local\nservices for the victims of such crimes; and\n (b) Recommend to the governor, rules and regulations with respect to\nestablishment and implementation on an ongoing basis of a training\nprogram for all current and new police officers regarding the policies\nand procedures established pursuant to this subdivision, along with\nrecommendations for periodic retraining of police officers.\n