NY State Senate Bill 2021-S1049

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 06, 2021	referred to crime victims, crime and correction

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2021-S1049 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Add Art 22-A §§637-a - 637-c, Exec L; add §97-bbbbb, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S7976

2021-S1049 (ACTIVE) - Summary

Establishes the Community Violence Intervention and Prevention Act; provides findings for evidence-based and evidence-informed health programs from hospital-based and community-based programs.

2021-S1049 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1049

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the executive law and the state finance law, in relation
to the community violence intervention and prevention act

 
PURPOSE:

To create a stable funding source for hospital and community-based
violence interruption and intervention programs.

 
SUMMARY OF PROVISIONS:

Section 1. The short title of this bill is the "Community Violence
Intervention and Prevention Act" (C-VIPA).

§ 2. Amends the Executive Law by adding a new article 22-A, which
contains the following provisions in summary form:

§ 637-a. Legislative Findings that the level of gun violence and other
forms of violence have reached a stage of crisis that poses a serious
threat to the health and quality of life of all residents of the state
of New York and particularly the residents of many urban area and that
funds from the Victims of Crime Act ("VOCA") should be used to support
hospital based violence intervention programs and community based
violence intervention programs.

§ 637-b. Contains definitions of terms such as "Evidence-based health
program," "Hospital-based violence intervention program," "Crime," etc.

§ 637-c. deals with "Community violence intervention and prevention
grants."

§ 3. Amends the State Finance Law by adding a new section 97-bbbbb,
which contains the following provisions in summary form:

§ 97-bbb. Establishes the Community Violence Intervention and Prevention
Fund," in the joint custody of the State Comptroller and the Commission-
er of Taxation and Finance," and provides a the source of money for the
Fund.

§ 4. Severability clause.

§ 5. This act shall take effect immediately.

 
JUSTIFICATION:

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. There are evidence-based programs designed to
interrupt cycles of violence by intervening when violent clashes occur.
These programs are sometimes hospital-based, which provides an opportu-
nity for critical early intervention. Other programs are community-
based, which provides opportunities for holistic and continued outreach.
Despite mounting evidence supporting the efficacy of both models in
reducing gun violence, these programs remain subject to fluctuating
funding amounts every year. This instability hampers their ability to
plan for long-term solutions while forcing them to compete with each
other for shrinking resources. These programs deserve a stable funding
source.

This bill will create a mechanism for distributing federal funds to
provide stable support to hospital based violence intervention programs
("HVIPs") and community based violence intervention programs ("VIPs").
Through the federal Victims of Crime Act ("VOCA"), funding is provided
to the Victims of Crime Act Fund, administered by the office of Victims
Services. For the year 2016, the federal award amount to New York was
$133,904,016.00, of which $10,939,366.00 was distributed, leaving
$122,964,650.00 remaining in the fund. By requiring that $10,000,000.00,
or ten percent, whichever is greater, of the monies from these grants be
given to HVIPs and VIPs, this bill aims to recognize the public health
crisis that is gun violence by adequately funding its prevention.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately,

2021-S1049 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1049
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the executive law and the state finance law, in relation
   to the community violence intervention and prevention act

   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. The executive law is amended by adding a new article 22-A to read
 as follows:
                                ARTICLE 22-A
            COMMUNITY VIOLENCE INTERVENTION AND PREVENTION ACT
 SECTION 637-A. LEGISLATIVE FINDINGS.
         637-B. DEFINITIONS.
         637-C. COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS.
   §  637-A.  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.
   § 637-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, 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.
                                                            LBD02491-02-1

 S. 1049                             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 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 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 THIS CHAPTER.
   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.
   §  637-C.  COMMUNITY  VIOLENCE INTERVENTION AND PREVENTION GRANTS.  1.
 THE OFFICE OF VICTIM SERVICES SHALL PROMULGATE REGULATIONS  RELATING  TO
 COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS FOR HOSPITAL-BASED
 VIOLENCE INTERVENTION PROGRAMS AND COMMUNITY-BASED VIOLENCE INTERVENTION
 PROGRAMS, WHICH SHALL BE FUNDED FROM THE COMMUNITY VIOLENCE INTERVENTION
 AND  PREVENTION  FUND  ESTABLISHED  BY SECTION NINETY-SEVEN-BBBBB OF THE
 STATE FINANCE LAW.
   (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;

 S. 1049                             3
 
   (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO AID INDIVIDUALS WHO
 ARE RECOVERING  FROM  INJURIES  RESULTING  FROM  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. COMMUNITY VIOLENCE INTERVENTION AND  PREVENTION  FUND.  1.
 THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN
 AS THE "COMMUNITY VIOLENCE INTERVENTION AND PREVENTION FUND".
   2.  THE  COMMUNITY  VIOLENCE  INTERVENTION  AND  PREVENTION FUND SHALL
 CONSIST OF AT LEAST TEN MILLION DOLLARS OR TEN  PERCENT  OF  ALL  MONIES
 RECEIVED  UNDER  THE  FEDERAL VICTIMS OF CRIME ACT OF 1984, WHICHEVER IS
 GREATER; AND ALL MONIES APPROPRIATED, CREDITED, OR  TRANSFERRED  THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONIES OF THE COMMUNITY VIOLENCE INTERVENTION AND PREVENTION FUND,
 FOLLOWING APPROPRIATION BY THE LEGISLATURE SHALL BE EXPENDED ONLY:
   (A) PURSUANT TO ARTICLE TWENTY-TWO-A OF THE EXECUTIVE 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; AND
   (C) FOR THE  EVALUATION  OF  THE  EFFICACY  OF  EVIDENCE-BASED  HEALTH
 PROGRAMS OR EVIDENCE-INFORMED HEALTH PROGRAMS AWARDED GRANTS THROUGH THE
 FUND.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF TAXATION AND FINANCE.
   §  4. If any provision or clause of this act or application thereof to
 any person or circumstances is held invalid, such invalidity  shall  not
 affect  other  provisions or applications of this act which can be given
 effect without the invalid provision or application, and to this end the
 provisions of this act are declared to be severable.
   § 5. This act shall take effect immediately.

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Senate Bill S1049

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S1049 (ACTIVE) - Details

2021-S1049 (ACTIVE) - Summary

2021-S1049 (ACTIVE) - Sponsor Memo

2021-S1049 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1049

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S1049 (ACTIVE) - Details

2021-S1049 (ACTIVE) - Summary

2021-S1049 (ACTIVE) - Sponsor Memo

2021-S1049 (ACTIVE) - Bill Text download pdf

Comments