BILL NUMBER:S4248

TITLE OF BILL:  An act to amend the executive law, in relation to the
statewide computerized registry

Purpose of Bill:

This bill would amend the Executive Law to give employees of the
Department of Corrections and Community Supervision (DOCCS) and local
correctional facilities the authority to access the statewide
computerized registry of orders of protection and warrants, to assist
them in monitoring individuals in their custody or under their
supervision.

Summary of Provisions:

Section one of the bill would amend Executive Law § 221-a(4) to grant
employees of DOCCS and local correctional facilities access to the
statewide computerized registry of orders of protection and warrants.

Section two of the bill provides that it takes effect 30 days after
enactment.

Existing Law:

Executive Law § 221-a requires the Superintendent of State Police, in
              

consultation with the Division of Criminal Justice Services (DCJS),
the Office of Court Administration and the Office for the Prevention
of Domestic Violence, to create and maintain a registry of all orders
of protection and warrants issued in domestic violence cases. The
purpose of this registry is to ascertain the existence of orders of
protection, temporary orders of protection, warrants and special
orders of conditions, and to assist law enforcement officers in
ascertaining whether an arrest is authorized based on a violation of a
duly served order of protection or order of special conditions.  Under
subdivision four of section 221-a, only courts and law enforcement
officials, including probation officers, have the authority to access
and disclose information from the registry, subject to statutory
restrictions concerning confidentiality, sealing and the expungement
of records.

Prior Legislative History:

This is a new bill.

Statement in Support:

For an order of protection to be more effective in protecting domestic
violence victims, the officials monitoring or supervising those who
are subject to such an order must know of its existence and any
special conditions established by the courts. If an offender is under
the supervision of DOCCS or a local correctional facility, DOCCS and
local correctional staff should be informed if the individual is the
subject of such an order of protection. Because of the restrictions on
access to information in the registry contained in Executive Law
221-a(4), these correctional staff may not obtain this information
from the registry.


Although previsions in the Family Court Act and the Criminal Procedure
Law (see Criminal Procedure Law §§ 380.65, 530.12; Family Court Act
842), require courts to attach an order of protection to an
individual's commitment papers so that it can be transmitted to the
local or state correctional facility where the individual will be
detained or incarcerated, the orders are not always transmitted. This
information is critical to correctional staff, which must make
programming, assignment, temporary release and re-entry decisions that
could impact the safety of specific victims and the community at
large.

For instance, early identification at DOCCS reception centers is
essential for assessing risk at the start of an inmate's
incarceration. Incarcerated abusers may attempt to contact their
victims by phone or mail to continue harassing or threatening them.

Order of protection information can be used when reviewing and
approving who may visit an inmate and to whom the inmate may telephone
or correspond via mail.

Order of protection information is also a critical factor in screening
for appropriate participation in programs inside the facility that
promote contact with family members on the outside, such as the
tele-visiting program and the Family Reunion Program. Equally critical
awareness is needed in DOCCS programs that grant temporary release
into the community -for work or home visits.

Moreover, when an inmate is released into the community on parole, it
is imperative for a parole officer to know of any existing order of
protection and conditions. Parole must monitor the residence,
whereabouts and activities of the parolee, and it is impossible to
hold a parolee accountable if the order is not available to the parole
officer.

Budget Implications:

Access to the registry can be executed with minimal technological
adjustments, with no cost to DCJS, DOCCS or local jails.

Effective Date:

This bill would take effect 30 days after it becomes law.