senate Bill S4248A

Signed By Governor
2013-2014 Legislative Session

Relates to access to computer systems that carry information of orders of protection and warrants of arrest

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.368
Sep 17, 2013 delivered to governor
Jun 17, 2013 returned to senate
passed assembly
ordered to third reading rules cal.277
substituted for a7690
Jun 10, 2013 referred to codes
delivered to assembly
passed senate
Jun 04, 2013 amended on third reading 4248a
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.655
Mar 15, 2013 referred to finance

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4248 - Bill Details

See Assembly Version of this Bill:
A7690
Law Section:
Executive Law
Laws Affected:
Amd §221-a, Exec L

S4248 - Bill Texts

view summary

Relates to access to computer systems that carry information of orders of protection and warrants of arrest.

view sponsor memo
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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4248

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced by Sen. GOLDEN -- (at request of the Office for Prevention of
  Domestic Violence) -- read twice and ordered printed, and when printed
  to be committed to the Committee on Finance

AN  ACT to amend the executive law, in relation to the statewide comput-
  erized registry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of section 221-a of the executive law, as
amended by section 7 of part D of chapter 56 of the  laws  of  2008,  is
amended to read as follows:
  4. Courts and law enforcement officials, including probation officers,
AND  EMPLOYEES  OF  LOCAL  CORRECTIONAL FACILITIES AND THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION shall have the ability to disclose
and share information with respect to such orders and warrants  consist-
ent  with the purposes of this section, subject to applicable provisions
of the family court act, domestic relations law and  criminal  procedure
law concerning the confidentiality, sealing and expungement of records.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09011-01-3

S4248A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7690
Law Section:
Executive Law
Laws Affected:
Amd §221-a, Exec L

S4248A (ACTIVE) - Bill Texts

view summary

Relates to access to computer systems that carry information of orders of protection and warrants of arrest.

view sponsor memo
BILL NUMBER:S4248A

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 provisions 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,
where-abouts 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 DOS, DOCCS or local
jails.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4248--A
    Cal. No. 655

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced by Sen. GOLDEN -- (at request of the Office for Prevention of
  Domestic Violence) -- read twice and ordered printed, and when printed
  to be committed to the Committee on Finance -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the executive law, in relation to the statewide  comput-
  erized registry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 221-a of  the  executive  law,  as
amended  by  section  7  of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
  4. Courts and law enforcement officials, including probation officers,
AND EMPLOYEES OF LOCAL CORRECTIONAL FACILITIES  AND  THE  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY SUPERVISION WHO ARE RESPONSIBLE FOR MONITOR-
ING, SUPERVISING OR CLASSIFICATION OF INMATES OR PAROLEES shall have the
ability to disclose and share information with respect  to  such  orders
and  warrants  consistent  with the purposes of this section, subject to
applicable provisions of the family court act,  domestic  relations  law
and  criminal  procedure law concerning the confidentiality, sealing and
expungement of records.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09011-02-3

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