Senate Bill S8811

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8811
 
                             I N  S E N A T E
 
                              April 19, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 civil practice law and rules,
   in relation to establishing a mandatory training certification for all
   domestic and gender-based victim advocates and creating the  New  York
   state  gender-based  violence training institute within the office for
   the prevention of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of section 643 of the executive law, as
 amended by section 11 of part PP of chapter 56 of the laws of  2022,  is
 amended to read as follows:
   1.  As  used  in this section, "crime victim-related agency" means any
 agency of state government which provides services to or deals  directly
 with  crime  victims,  including  (a)  the office of children and family
 services,  the  office  for  the  aging,  the  department  of  veterans'
 services,  the  office  of  probation and correctional alternatives, the
 department of corrections  and  community  supervision,  the  office  of
 victim services, THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, the
 department  of  motor vehicles, the office of vocational rehabilitation,
 the workers' compensation board, the department of health, the  division
 of  criminal justice services, the office of mental health, every trans-
 portation authority and the division of state police, and (b) any  other
 agency so designated by the governor within ninety days of the effective
 date of this section.
   §  2.  Paragraphs  4  and  5 of subdivision (a) of section 4510 of the
 civil practice law and rules, as added by chapter 309  of  the  laws  of
 2021, are amended to read as follows:
   4. "Domestic violence program" means a residential program for victims
 of  domestic violence or a non-residential program for victims of domes-
 tic violence as defined in section  four  hundred  fifty-nine-a  of  the
 social  services  law  [or],  any  similar program operated by an Indian
 tribe, as defined by section two of the Indian law, OR ANY OTHER PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15027-02-2
 S. 8811                             2
 
 OPERATED BY A  NOT-FOR-PROFIT  ORGANIZATION  OR  LOCAL  SOCIAL  SERVICES
 DISTRICT,  FOR  THE  PURPOSE  OF  PROVIDING  NON-RESIDENTIAL SERVICES TO
 VICTIMS OF DOMESTIC VIOLENCE, INCLUDING, BUT NOT LIMITED TO, INFORMATION
 AND REFERRAL SERVICES, ADVOCACY, COUNSELING, AND COMMUNITY EDUCATION AND
 OUTREACH ACTIVITIES AND PROVIDING OR ARRANGING FOR HOTLINE SERVICES.
   5.  "Domestic  violence advocate" means any person who is acting under
 the direction and supervision of  a  [licensed  and  approved]  domestic
 violence  program  and  has satisfied the training standards required by
 the office of children and  family  services  AND  THE  OFFICE  FOR  THE
 PREVENTION OF DOMESTIC VIOLENCE.
   §  3.  Section 575 of the executive law is amended by adding three new
 subdivisions 11, 12 and 13 to read as follows:
   11. DOMESTIC VIOLENCE ADVOCATE CERTIFICATION. (A) THE OFFICE SHALL, IN
 COORDINATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE
 OF VICTIM SERVICES, AND THE DEPARTMENT OF HEALTH,  AND  IN  CONSULTATION
 WITH  THE  NEW  YORK  STATE COALITION AGAINST DOMESTIC VIOLENCE, THE NEW
 YORK STATE COALITION AGAINST SEXUAL ASSAULT, AND STATE  ADVOCACY  ORGAN-
 IZATIONS  FOR  THE  PREVENTION  OF  DOMESTIC  AND GENDER-BASED VIOLENCE,
 PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH MINIMUM TRAINING STAND-
 ARDS FOR DOMESTIC VIOLENCE ADVOCATES.
   (B) MINIMUM TRAINING STANDARDS ESTABLISHED BY THE OFFICE SHALL INCLUDE
 THIRTY HOURS OF PRE-SERVICE TRAINING AND AT LEAST TEN HOURS  OF  IN-SER-
 VICE  TRAINING  FOR  DOMESTIC  VIOLENCE  COUNSELORS TO BE COMPLETED ON A
 BI-ANNUAL BASIS.   THIS TRAINING SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 COURSES AND/OR INSTRUCTION ON THE FOLLOWING:
   (I) CLIENT-COUNSELOR CONFIDENTIALITY REQUIREMENTS;
   (II) CHILD ABUSE AND MALTREATMENT IDENTIFICATION AND REPORTING RESPON-
 SIBILITIES;
   (III) THE DYNAMICS OF DOMESTIC AND GENDER-BASED VIOLENCE;
   (IV) CRISIS INTERVENTION TECHNIQUES;
   (V)  COMMUNICATION  SKILLS AND INTERVENTION TECHNIQUES WITH A FOCUS ON
 TRAUMA INFORMED SERVICE DELIVERY;
   (VI) AN OVERVIEW OF THE STATE CRIMINAL JUSTICE SYSTEM;
   (VII) AN UPDATE AND REVIEW OF STATE LAWS ON DOMESTIC VIOLENCE,  SEXUAL
 OFFENSES, SEXUAL ABUSE AND INCEST;
   (VIII) THE AVAILABILITY OF PUBLICLY-FUNDED AND COMMUNITY RESOURCES FOR
 CLIENTS;
   (IX)    ACCESSING  AND  APPLYING FOR STATE AND FEDERAL FUNDING STREAMS
 DEDICATED TO THE PROVISION OF SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE;
   (X) DIVERSITY AND INCLUSION WHICH INCLUDES UNDERSTANDING HOW  CULTURE,
 ETHNICITY,  RELIGION,  SEXUALITY  AND/OR  GENDER IDENTITY/EXPRESSION CAN
 INFLUENCE/IMPACT DOMESTIC VIOLENCE VICTIMS, AND HOW TO PROVIDE  SERVICES
 TO  VICTIMS  IN  A  RESPECTFUL  MANNER  SO AS TO INCREASE THE QUALITY OF
 SERVICES AND PROVIDE BETTER OUTCOMES; AND
   (XI) INFORMATION ON THE AVAILABILITY OF MEDICAL AND  LEGAL  ASSISTANCE
 FOR SUCH CLIENTS.
   12.  ADMINISTRATION  OF TRAINING. (A) THE OFFICE, IN CONSULTATION WITH
 THE NEW YORK STATE COALITION AGAINST DOMESTIC  VIOLENCE,  THE  NEW  YORK
 STATE COALITION AGAINST SEXUAL ASSAULT, AND STATE ADVOCACY ORGANIZATIONS
 FOR THE PREVENTION OF DOMESTIC VIOLENCE, SHALL ESTABLISH HOURLY REQUIRE-
 MENTS  FOR EACH SUBJECT SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION ELEVEN
 OF THIS SECTION; TRAINER QUALIFICATIONS, INCLUDING  THIRD-PARTY  TRAINER
 QUALIFICATIONS  AND  STANDARDS;  THE METHOD AND MANNER IN WHICH TRAINING
 MAY BE ADMINISTERED; AND CRITERIA FOR DOCUMENTING COMPLETION OF TRAINING
 REQUIREMENTS.
 S. 8811                             3
 
   (B) TO FULFILL REQUIRED TRAINING HOURS, THE OFFICE,  IN  COLLABORATION
 WITH  THE  NEW  YORK  STATE COALITION AGAINST DOMESTIC VIOLENCE, THE NEW
 YORK STATE COALITION AGAINST SEXUAL ASSAULT, AND STATE  ADVOCACY  ORGAN-
 IZATIONS  FOR  THE PREVENTION OF DOMESTIC AND GENDER-BASED VIOLENCE, MAY
 ADMINISTER TRAINING TO DOMESTIC VIOLENCE SERVICE PROVIDERS AND/OR DOMES-
 TIC  VIOLENCE  ADVOCATES  IN A MANNER CONSISTENT WITH PARAGRAPHS (A) AND
 (B) OF SUBDIVISION ELEVEN OF THIS SECTION.
   (I) ANY DOMESTIC VIOLENCE SERVICE PROVIDER OR DOMESTIC VIOLENCE  ADVO-
 CACY  ORGANIZATION,  WITH  APPROVAL  FROM  THE  OFFICE, MAY OFFER AND/OR
 PROVIDE THEIR OWN INSTRUCTION OR TRAINING IN A  MANNER  CONSISTENT  WITH
 PARAGRAPHS (A) AND (B) OF SUBDIVISION ELEVEN OF THIS SECTION.
   (II)  TRAINING AND INSTRUCTION MAY BE PROVIDED BY A THIRD-PARTY DOMES-
 TIC VIOLENCE PROFESSIONAL, PROVIDED THAT SUCH  THIRD-PARTY  PROFESSIONAL
 IS  SUBJECT  TO AND MEETS THE QUALIFICATION REQUIREMENTS SET FORTH IN AN
 APPROVAL QUALIFICATION PROCESS THAT SHALL BE ESTABLISHED BY THE OFFICE.
   (III) ANY DOMESTIC VIOLENCE SERVICE PROVIDER  THAT  INDICATES  TO  THE
 OFFICE  THAT SUCH PROVIDER LACKS CAPACITY AND/OR RESOURCES TO FACILITATE
 OR CONDUCT ITS OWN TRAINING, IN WHOLE OR IN PART, SHALL RECEIVE TRAINING
 FACILITATED AND/OR ADMINISTERED BY THE OFFICE.
   (C) TRAINING MAY BE CONDUCTED IN PERSON, IN A  CLASSROOM  SETTING,  OR
 VIA  ANY  ELECTRONIC  OR  ONLINE METHOD APPROVED BY THE OFFICE, PROVIDED
 THAT SUCH METHODS MAY INCLUDE BUT NOT BE LIMITED TO  VIDEO  CONFERENCES,
 AND/OR ONLINE COURSEWORK, WEBINARS, INTERACTIVE WEBSITES, OR EDUCATIONAL
 CHAT SESSIONS.
   13.  DOMESTIC  VIOLENCE ADVOCATE CERTIFICATION. (A) UPON COMPLETION OF
 THE MINIMUM TRAINING STANDARDS SET FORTH IN PARAGRAPHS (A)  AND  (B)  OF
 SUBDIVISION ELEVEN OF THIS SECTION, THE DOMESTIC VIOLENCE ADVOCATE SHALL
 RECEIVE A CERTIFICATE OF COMPLETION.
   (B) THE OFFICE SHALL ESTABLISH PROCEDURES FOR CERTIFICATION OF CURRENT
 AND  FUTURE  DOMESTIC VIOLENCE ADVOCATES, INCLUDING VOLUNTEER ADVOCATES,
 PROVIDED THAT SUCH DOMESTIC VIOLENCE  ADVOCATES  HAVE  MET  THE  MINIMUM
 TRAINING STANDARDS AS SET FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION
 ELEVEN OF THIS SECTION.
   (C)  (I)  THE  OFFICE MAY PROVIDE FOR COURSE SUBSTITUTION OR WAIVER OF
 THE SUBJECT MATTER COURSES OR INSTRUCTION SPECIFIED IN PARAGRAPH (B)  OF
 SUBDIVISION  ELEVEN  OF THIS SECTION FOR STAFF OR VOLUNTEERS WHO CERTIFY
 THAT THEY HAVE PREVIOUSLY COMPLETED COMPARABLE  TRAINING  THROUGH  OTHER
 DOMESTIC  VIOLENCE AND/OR SEXUAL ASSAULT PROGRAMS OR VOLUNTEER TRAININGS
 WITHIN THE BI-ANNUAL CALENDAR  YEAR  IN  WHICH  THEY  ARE  APPLYING  FOR
 CERTIFICATION.
   (II)  THE  OFFICE  MAY  PROVIDE  FOR  SUBSTITUTION OF CERTAIN STAFF OR
 VOLUNTEER EXPERIENCE FOR CERTAIN PROVISIONS OF  THE  TRAINING  STANDARDS
 SPECIFIED IN THIS SECTION.
   (III) THE OFFICE SHALL ESTABLISH RULES, REGULATIONS, AND PROCEDURES TO
 DETERMINE ELIGIBILITY FOR SUBSTITUTIONS AND/OR WAIVERS.
   (D) MINIMUM TRAINING STANDARDS ESTABLISHED BY THE OFFICE SHALL PROVIDE
 THAT  ANY  PERSON  WHO  HAS  BEEN  CERTIFIED  BY AN APPROVED RAPE CRISIS
 PROGRAM AS HAVING SATISFIED THE TRAINING STANDARDS SPECIFIED IN SUBDIVI-
 SION FIFTEEN OF SECTION TWO HUNDRED SIX OF THE  PUBLIC  HEALTH  LAW,  AS
 ADDED BY CHAPTER FOUR HUNDRED THIRTY-TWO OF THE LAWS OF NINETEEN HUNDRED
 NINETY-THREE,  BE  DEEMED TO HAVE MET THE MINIMUM TRAINING STANDARDS FOR
 DOMESTIC VIOLENCE ADVOCATES.
   (E) DOMESTIC VIOLENCE SERVICE PROVIDERS AND ADVOCATES  SHALL  DOCUMENT
 THE  NUMBER  OF  HOURS  OF  INSTRUCTION AND TYPE OF INSTRUCTION RECEIVED
 DURING TRAINING EACH BI-ANNUAL CALENDAR YEAR  AND  SHALL  TRANSMIT  SUCH
 S. 8811                             4
 
 DOCUMENTATION  TO  THE OFFICE IN A MANNER AND METHOD TO BE DETERMINED BY
 THE OFFICE.
   §  4.  The  office of children and family services, the office for the
 prevention of domestic violence, and the New York  state  department  of
 health  shall  review  all  rules and regulations related to training of
 domestic violence  advocates,  rape  crisis  counselors,  and  staff  of
 licensed  and  approved  domestic  violence  programs  and  rape  crisis
 programs, and ensure such rules and regulations are  updated  consistent
 with  the provisions of section three of this act no later than one year
 after it shall have become a law.
   § 5. This act shall take effect one year after it shall have become  a
 law.