The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5505
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation to the community violence intervention and prevention act; to
   repeal  certain  provisions of the public health law relating thereto;
   and making an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "community violence intervention and prevention act".
   § 2. Title 3 of article 25 of the public health law is REPEALED and  a
 new title 3 is added to read as follows:
                                  TITLE III
            COMMUNITY VIOLENCE INTERVENTION AND PREVENTION ACT
 SECTION 2560. LEGISLATIVE FINDINGS.
         2561. DEFINITIONS.
         2562. COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS.
   §  2560.  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  HEREBY  FINDS  AND
 DECLARES THAT GUN VIOLENCE AND OTHER  FORMS  OF  VIOLENCE  CONSTITUTE  A
 CRISIS  THAT POSES A SERIOUS THREAT TO THE HEALTH AND QUALITY OF LIFE OF
 ALL RESIDENTS OF THE STATE OF NEW YORK. AN EPIDEMIC OF VIOLENCE IS TEAR-
 ING AT THE FABRIC OF LIFE IN MANY URBAN AREAS. THE  LEGISLATURE  FURTHER
 FINDS THAT FUNDS FROM THE VICTIMS OF CRIME ACT SHOULD BE USED TO SUPPORT
 HOSPITAL  BASED  VIOLENCE  INTERVENTION  PROGRAMS  AND  COMMUNITY  BASED
 VIOLENCE INTERVENTION PROGRAMS.
   § 2561. DEFINITIONS. FOR THE PURPOSES OF  THIS  TITLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EVIDENCE-BASED  HEALTH  PROGRAM" MEANS A PROGRAM OR AN INITIATIVE
 THAT:
   (A) IS DEVELOPED AND EVALUATED THROUGH SCIENTIFIC  RESEARCH  AND  DATA
 COLLECTION;

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

                                                            LBD02491-01-1

 A. 5505                             2
 
   (B) USES PUBLIC HEALTH PRINCIPLES THAT DEMONSTRATE MEASURABLE POSITIVE
 OUTCOMES IN PREVENTING GUN VIOLENCE; AND
   (C) IS IMPLEMENTED BY A NONPROFIT ORGANIZATION OR PUBLIC AGENCY.
   2. "EVIDENCE-INFORMED HEALTH PROGRAM" MEANS A PROGRAM, AN APPROACH, OR
 AN INITIATIVE THAT IS:
   (A) BASED ON PUBLIC HEALTH PRINCIPLES;
   (B)  CAPABLE  OF BEING STUDIED AND EVALUATED THROUGH RESEARCH AND DATA
 COLLECTION;
   (C) FOR THE PURPOSE OF REDUCING GUN VIOLENCE;
   (D) DIRECTED TO INFLUENCE FACTORS DETERMINED TO AFFECT  GUN  VIOLENCE;
 AND
   (E) IMPLEMENTED BY A NONPROFIT ORGANIZATION OR PUBLIC AGENCY.
   3.  "HOSPITAL-BASED  VIOLENCE  INTERVENTION  PROGRAM" MEANS A VIOLENCE
 INTERVENTION PROGRAM THAT:
   (A) IS OPERATED BY:
   (I) A HOSPITAL; OR
   (II) AN INDIVIDUAL OR ENTITY IN COLLABORATION WITH A HOSPITAL; AND
   (B)  PROVIDES  INTENSIVE  COUNSELING,  CASE  MANAGEMENT,  AND   SOCIAL
 SERVICES  TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM
 VIOLENCE OR WHO HAVE COMMITTED ACTS OF VIOLENCE OR WHO WERE WITNESSES TO
 ACTS OF VIOLENCE.
   4. "COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAM"  MEANS  A  VIOLENCE
 INTERVENTION PROGRAM THAT IS OPERATED BY:
   (A) A NONPROFIT ORGANIZATION; AND
   (B)   PROVIDES  INTENSIVE  COUNSELING,  CASE  MANAGEMENT,  AND  SOCIAL
 SERVICES TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING  FROM
 VIOLENCE OR WHO HAVE COMMITTED ACTS OF VIOLENCE OR WHO WERE WITNESSES TO
 ACTS OF VIOLENCE.
   5.  "DIRECTOR" SHALL MEAN THE HEAD OF THE OFFICE OF VICTIM SERVICES AS
 SET FORTH BY SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
   6. "CRIME" SHALL MEAN:
   (A) AN ACT COMMITTED IN NEW YORK STATE WHICH WOULD, IF COMMITTED BY  A
 MENTALLY  COMPETENT  CRIMINALLY  RESPONSIBLE  ADULT,  WHO  HAS  NO LEGAL
 EXEMPTION OR DEFENSE, CONSTITUTE A CRIME AS DEFINED IN AND PROSCRIBED BY
 LAW; OR
   (B) AN ACT COMMITTED OUTSIDE THE STATE OF NEW YORK AGAINST A  RESIDENT
 OF  THE  STATE  OF  NEW  YORK WHICH WOULD BE COMPENSABLE HAD IT OCCURRED
 WITHIN THE STATE OF NEW YORK AND WHICH OCCURRED IN A  STATE  WHICH  DOES
 NOT  HAVE  AN ELIGIBLE CRIME VICTIM COMPENSATION PROGRAM AS SUCH TERM IS
 DEFINED IN THE FEDERAL VICTIMS OF CRIME ACT OF 1984; OR
   (C) AN ACT OF TERRORISM, AS DEFINED  IN  SECTION  2331  OF  TITLE  18,
 UNITED  STATES  CODE,  COMMITTED  OUTSIDE OF THE UNITED STATES AGAINST A
 RESIDENT OF NEW YORK STATE.
   7. "ELDERLY VICTIM" SHALL MEAN A PERSON SIXTY YEARS OF  AGE  OR  OLDER
 WHO SUFFERS LOSS OR DAMAGE AS A DIRECT RESULT OF A CRIME.
   § 2562. COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS.  1. THE
 VICTIM AND WITNESS ASSISTANCE UNIT (GRANTS UNIT) OF THE OFFICE OF VICTIM
 SERVICES,  THROUGH  THE DIRECTOR, SHALL MAKE GRANTS TO PROVIDE FUNDS FOR
 HOSPITAL-BASED  VIOLENCE  INTERVENTION  PROGRAMS   AND   COMMUNITY-BASED
 VIOLENCE  INTERVENTION  PROGRAMS,  FROM  THE  VIOLENCE  INTERVENTION AND
 PREVENTION FUND ESTABLISHED BY SECTION NINETY-SEVEN-BBBBB OF  THE  STATE
 FINANCE  LAW,  TO  PROVIDE  SERVICES  TO  CRIME VICTIMS, PERPETRATORS OF
 CRIMES OF VIOLENCE AND WITNESSES.
   2. SUCH VIOLENCE INTERVENTION PROGRAMS SHALL BE OPERATED BY  HOSPITALS
 AND AT THE COMMUNITY LEVEL BY NOT-FOR-PROFIT ORGANIZATIONS.

 A. 5505                             3
 
   3.  THE  DIRECTOR  SHALL  PROMULGATE  REGULATIONS,  RELATING  TO THESE
 GRANTS, INCLUDING GUIDELINES FOR ITS DETERMINATIONS.
   (A) THESE REGULATIONS SHALL BE DESIGNED TO PROMOTE:
   (I)  ALTERNATIVE FUNDING SOURCES OTHER THAN THE STATE, INCLUDING LOCAL
 GOVERNMENT AND PRIVATE SOURCES AS  WELL  AS  FUNDING  FROM  THE  FEDERAL
 VICTIMS OF CRIME ACT OF 1984;
   (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO AID INDIVIDUALS WHO
 ARE RECOVERING FROM INJURIES RESULTING FROM VIOLENCE OR WHO HAVE COMMIT-
 TED ACTS OF VIOLENCE OR WHO WERE WITNESSES TO ACTS OF VIOLENCE; AND
   (III)  LONG RANGE DEVELOPMENT OF SERVICES TO VICTIMS OF VIOLENT CRIMES
 IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES AND TO WITNESSES  OF
 VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS.
   (B) THESE REGULATIONS SHALL ALSO PROVIDE FOR:
   (I) CLEARLY DEFINED AND MEASURABLE OBJECTIVES;
   (II)  EVIDENCE  THAT  THE  PROPOSED  EVIDENCE-BASED HEALTH PROGRAMS OR
 EVIDENCE-INFORMED HEALTH PROGRAMS WOULD LIKELY REDUCE GUN VIOLENCE;
   (III) A DESCRIPTION OF HOW THE LOCAL GOVERNMENT OR NONPROFIT ORGANIZA-
 TION PROPOSES TO USE THE FUNDING TO REDUCE RATES OF GUN VIOLENCE BY:
   (A)  ESTABLISHING  OR  ENHANCING  EVIDENCE-BASED  HEALTH  PROGRAMS  OR
 EVIDENCE-INFORMED HEALTH PROGRAMS;
   (B)  ENHANCING  COORDINATION  OF  EXISTING  VIOLENCE  INTERVENTION AND
 PREVENTION PROGRAMS, IF ANY, TO MINIMIZE DUPLICATION OF SERVICES; AND
   (C) A PLAN FOR THE COLLECTION OF RELEVANT DATA; AND
   (IV) OUTREACH TO THE COMMUNITY  AND  EDUCATION  AND  TRAINING  OF  LAW
 ENFORCEMENT AND OTHER CRIMINAL JUSTICE OFFICIALS TO THE NEEDS OF VICTIMS
 OF  VIOLENT  CRIMES  IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES
 AND TO WITNESSES OF VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS.
   § 3. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   § 97-BBBBB. VIOLENCE INTERVENTION AND PREVENTION  FUND.  1.  THERE  IS
 HEREBY  ESTABLISHED  IN  THE  CUSTODY  OF  THE DIRECTOR OF THE OFFICE OF
 VICTIM SERVICES A FUND TO BE KNOWN AS  THE  "VIOLENCE  INTERVENTION  AND
 PREVENTION FUND".
   2.  SUCH  FUND  SHALL CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY:
   (A) PURSUANT TO TITLE THREE  OF  ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC
 HEALTH LAW;
   (B)  TO  SUPPORT  EFFECTIVE VIOLENCE REDUCTION STRATEGIES BY PROVIDING
 GRANTS  TO  LOCAL  GOVERNMENTS  AND  NONPROFIT  ORGANIZATIONS  TO   FUND
 EVIDENCE-BASED HEALTH PROGRAMS OR EVIDENCE-INFORMED HEALTH PROGRAMS;
   (C)  FOR  THE  EVALUATION  OF  THE  EFFICACY  OF EVIDENCE-BASED HEALTH
 PROGRAMS OR EVIDENCE-INFORMED HEALTH PROGRAMS AWARDED GRANTS THROUGH THE
 FUND; AND
   (D) FOR ADMINISTRATIVE COSTS ASSOCIATED WITH:
   (I) OVERSIGHT OF THE FUND;
   (II) PUBLIC OUTREACH AND EDUCATION ABOUT THE FUND; AND
   (III) TECHNICAL ASSISTANCE AND BEST PRACTICE EDUCATION FOR GRANTEES.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON  VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
 THE OFFICE OF VICTIM SERVICES.
   § 4. The sum of ten million dollars ($10,000,000) or  ten  percent  of
 the  monies  from grants under the federal Victims of Crime Act of 1984,
 whichever is greater, is hereby annually appropriated  to  the  violence
 intervention  and  prevention fund as established by section 97-bbbbb of
 the state finance law out of any monies in the  state  treasury  in  the

 A. 5505                             4
 
 general  fund to the credit of the state purposes account, not otherwise
 appropriated, and made immediately available, for the purpose of  carry-
 ing out the provisions of this act.  Such monies shall be payable on the
 audit  and  warrant of the comptroller on vouchers certified or approved
 by the  director  of  the  office  of  victim  services  in  the  manner
 prescribed by law.
   § 5. This act shall take effect immediately.