S T A T E   O F   N E W   Y O R K
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                                   10045
 
                           I N  A S S E M B L Y
 
                                May 2, 2024
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the executive law, in relation to directing the division
   of criminal justice services to establish the safer communities  grant
   program; 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. Section 835 of the executive law is amended by adding  five
 new subdivisions 12, 13, 14, 15 and 16 to read as follows:
   12.  "CLEARANCE  BY  ARREST", WITH RESPECT TO AN OFFENSE REPORTED TO A
 LAW ENFORCEMENT AGENCY, MEANS THE LAW ENFORCEMENT  AGENCY  HAS  ARRESTED
 NOT  LESS  THAN ONE PERSON FOR THE OFFENSE, CHARGED SAID PERSON WITH THE
 COMMISSION OF THE OFFENSE AND REFERRED SAID PERSON FOR  PROSECUTION  FOR
 THE  OFFENSE;  OR  HAS  CITED AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO
 APPEAR IN JUVENILE COURT  OR  BEFORE  ANOTHER  JUVENILE  AUTHORITY  WITH
 RESPECT  TO  THE  OFFENSE,  REGARDLESS  OF  WHETHER  A  PHYSICAL  ARREST
 OCCURRED.
   13. "CLEARANCE BY EXCEPTION", WITH RESPECT TO AN OFFENSE REPORTED TO A
 LAW ENFORCEMENT AGENCY, MEANS THE LAW ENFORCEMENT AGENCY HAS  IDENTIFIED
 NOT  LESS  THAN ONE PERSON SUSPECTED OF THE OFFENSE, AND WITH RESPECT TO
 THE SUSPECT, HAS GATHERED ENOUGH EVIDENCE TO SUPPORT AN  ARREST  OF  THE
 SUSPECT,  MAKE  A  CHARGE AGAINST THE SUSPECT; AND REFER THE SUSPECT FOR
 PROSECUTION; IDENTIFIED THE EXACT LOCATION OF THE SUSPECT  SO  THAT  THE
 SUSPECT  COULD  BE  TAKEN  INTO  CUSTODY  IMMEDIATELY; AND ENCOUNTERED A
 CIRCUMSTANCE OUTSIDE THE CONTROL OF  THE  LAW  ENFORCEMENT  AGENCY  THAT
 PROHIBITS  THE  AGENCY FROM ARRESTING THE SUSPECT, CHARGING THE SUSPECT,
 OR REFERRING THE SUSPECT FOR PROSECUTION, INCLUDING  THE  DEATH  OF  THE
 SUSPECT,  THE  REFUSAL  OF  THE VICTIM TO COOPERATE WITH THE PROSECUTION
 AFTER THE SUSPECT HAS BEEN IDENTIFIED,  OR  THE  DENIAL  OF  EXTRADITION
 BECAUSE  THE SUSPECT COMMITTED AN OFFENSE IN ANOTHER JURISDICTION AND IS
 BEING PROSECUTED FOR THAT OFFENSE.
   14. "CLEARANCE RATE", WITH RESPECT TO A LAW ENFORCEMENT AGENCY,  MEANS
 THE  NUMBER OF OFFENSES CLEARED BY THE LAW ENFORCEMENT AGENCY, INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10621-04-4
              

 A. 10045                            2
 
 THROUGH CLEARANCE BY ARREST AND CLEARANCE BY EXCEPTION, DIVIDED  BY  THE
 TOTAL NUMBER OF OFFENSES REPORTED TO THE LAW ENFORCEMENT AGENCY.
   15.  "ELIGIBLE  ENTITY"  MEANS  A  TRIBAL OR MUNICIPAL LAW ENFORCEMENT
 AGENCY OR PROSECUTING OFFICE, OR A GROUP OF TRIBAL LAW ENFORCEMENT AGEN-
 CIES OR TRIBAL PROSECUTING OFFICES.
   16. "PROGRAM" MEANS THE GRANT PROGRAM ESTABLISHED UNDER SECTION  EIGHT
 HUNDRED FORTY-FIVE-E OF THIS ARTICLE.
   §  2.  The  executive  law is amended by adding a new section 845-e to
 read as follows:
   § 845-E. SAFER COMMUNITIES GRANT PROGRAM. 1. AS USED IN THIS  SECTION,
 "SPECIFIED OFFENSES" INCLUDES HOMICIDES, RAPES, SEXUAL ASSAULTS, KIDNAP-
 PINGS AND NON-FATAL SHOOTINGS.
   2.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, THE DIVISION SHALL ESTABLISH THE SAFER  COMMUNITIES  GRANT
 PROGRAM  TO  AWARD  GRANTS TO ELIGIBLE ENTITIES FOR INVESTIGATIVE AND/OR
 PROSECUTORIAL ACTIVITIES WITH THE SPECIFIC OBJECTIVE OF IMPROVING CLEAR-
 ANCE RATES FOR CASES INVOLVING ONE OR MORE SPECIFIED OFFENSES.    GRANTS
 SHALL  BE IN SUCH AMOUNTS AS DETERMINED APPROPRIATE BY THE DIVISION ON A
 CASE-BY-CASE BASIS.
   3. AN ELIGIBLE ENTITY SEEKING A GRANT UNDER THE PROGRAM  SHALL  SUBMIT
 TO THE DIVISION AN APPLICATION AT SUCH TIME AND IN SUCH MANNER AS DETER-
 MINED BY THE DIVISION CONTAINING OR ACCOMPANIED BY:
   (A) SUCH INFORMATION AS THE DIVISION MAY REASONABLY REQUIRE; AND
   (B)  A  DESCRIPTION OF EACH ELIGIBLE PROJECT, AS DESCRIBED IN SUBDIVI-
 SION FIVE OF THIS SECTION, THAT THE GRANT WILL FUND.
   4. THE DIVISION, IN  SELECTING  A  RECIPIENT  OF  A  GRANT  UNDER  THE
 PROGRAM, SHALL CONSIDER THE SPECIFIC PLAN AND ACTIVITIES PROPOSED BY THE
 APPLICANT  TO  IMPROVE  CLEARANCE RATES FOR SPECIFIED OFFENSES. ELIGIBLE
 APPLICANTS THAT DO NOT RECEIVE FUNDING THROUGH THE GUN INVOLVED VIOLENCE
 ELIMINATION (GIVE) INITIATIVE ADMINISTERED BY THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL  BE  GIVEN  PRIORITY IN THE ALLOCATION OF SAFER
 COMMUNITIES GRANT PROGRAM AWARDS.
   5. A GRANT RECIPIENT SHALL USE  THE  GRANT  FOR  ACTIVITIES  WITH  THE
 SPECIFIC  OBJECTIVE  OF  IMPROVING  CLEARANCE  RATES FOR CASES INVOLVING
 SPECIFIED OFFENSES, INCLUDING:
   (A) ENSURING THE RETENTION OF DETECTIVES WHO ARE ASSIGNED TO  INVESTI-
 GATE  THE SPECIFIED OFFENSE OR OFFENSES AS OF THE DATE OF RECEIPT OF THE
 GRANT;
   (B) HIRING AND TRAINING ADDITIONAL DETECTIVES WHO WILL BE DEDICATED TO
 INVESTIGATING SPECIFIED OFFENSES;
   (C) DEVELOPING POLICIES, PROCEDURES, AND TRAINING TO IMPROVE THE ABIL-
 ITY OF DETECTIVES TO EFFECTIVELY INVESTIGATE AND SOLVE  CASES  INVOLVING
 SPECIFIED OFFENSES, INCLUDING IMPLEMENTING BEST PRACTICES RELATING TO:
   (I)  IMPROVING  INTERNAL  AGENCY COOPERATION, ORGANIZATIONAL OVERSIGHT
 AND ACCOUNTABILITY, AND SUPERVISION OF INVESTIGATIONS;
   (II) DEVELOPING SPECIFIC GOALS AND PERFORMANCE METRICS FOR BOTH INVES-
 TIGATORS AND INVESTIGATIVE UNITS;
   (III) ESTABLISHING OR IMPROVING RELATIONSHIPS WITH THE COMMUNITIES THE
 AGENCY SERVES; AND
   (IV) COLLABORATION WITH AND AMONG OTHER LAW ENFORCEMENT  AGENCIES  AND
 CRIMINAL JUSTICE ORGANIZATIONS;
   (D)  TRAINING  PERSONNEL  TO  ADDRESS  THE NEEDS OF VICTIMS AND FAMILY
 MEMBERS OF VICTIMS OF SPECIFIED OFFENSES OR COLLABORATING  WITH  TRAINED
 VICTIM ADVOCATES AND SPECIALISTS TO BETTER MEET VICTIMS' NEEDS;
   (E)  ACQUIRING,  UPGRADING, OR REPLACING INVESTIGATIVE, EVIDENCE PROC-
 ESSING, OR FORENSIC TESTING TECHNOLOGY OR EQUIPMENT;
 A. 10045                            3
 
   (F) DEVELOPMENT AND IMPLEMENTATION OF POLICIES  THAT  SAFEGUARD  CIVIL
 RIGHTS AND CIVIL LIBERTIES DURING THE COLLECTION, PROCESSING, AND FOREN-
 SIC TESTING OF EVIDENCE;
   (G)  HIRING  OR  TRAINING  PERSONNEL  FOR  COLLECTION, PROCESSING, AND
 FORENSIC TESTING OF EVIDENCE;
   (H) HIRING AND TRAINING OF PERSONNEL TO ANALYZE VIOLENT CRIME AND  THE
 TEMPORAL AND GEOGRAPHIC TRENDS AMONG SPECIFIED OFFENSES;
   (I)  RETAINING EXPERTS TO CONDUCT A DETAILED ANALYSIS OF HOMICIDES AND
 SHOOTINGS USING GUN VIOLENCE PROBLEM ANALYSIS (COMMONLY KNOWN AS "GVPA")
 OR A SIMILAR RESEARCH METHODOLOGY;
   (J) ENSURING VICTIMS HAVE APPROPRIATE ACCESS TO EMERGENCY FOOD,  HOUS-
 ING, CLOTHING, TRAVEL, AND TRANSPORTATION;
   (K)  DEVELOPING  COMPETITIVE  AND  EVIDENCE-BASED  PROGRAMS TO IMPROVE
 HOMICIDE AND NON-FATAL SHOOTING CLEARANCE RATES;
   (L) DEVELOPING BEST PRACTICES FOR IMPROVING ACCESS TO  AND  ACCEPTANCE
 OF  VICTIM  SERVICES, INCLUDING VICTIM SERVICES THAT PROMOTE MEDICAL AND
 PSYCHOLOGICAL WELLNESS, ONGOING COUNSELING, LEGAL ADVICE, AND  FINANCIAL
 COMPENSATION;
   (M) TRAINING INVESTIGATORS AND DETECTIVES IN TRAUMA-INFORMED INTERVIEW
 TECHNIQUES;
   (N) ESTABLISHING PROGRAMS TO SUPPORT OFFICERS WHO EXPERIENCE STRESS OR
 TRAUMA  AS A RESULT OF RESPONDING TO OR INVESTIGATING SHOOTINGS OR OTHER
 VIOLENT CRIME INCIDENTS; AND/OR
   (O) ENSURING LANGUAGE AND DISABILITY ACCESS SUPPORTS ARE  PROVIDED  TO
 VICTIMS,  SURVIVORS,  AND  THEIR  FAMILIES  SO THAT VICTIMS CAN EXERCISE
 THEIR RIGHTS AND PARTICIPATE IN THE CRIMINAL JUSTICE PROCESS.
   6. A GRANT MADE UNDER THE PROGRAM SHALL NOT EXCEED ONE HUNDRED PERCENT
 OF THE COST OF THE PROPOSED ACTIVITY IF  THE  GRANT  IS  AWARDED  ON  OR
 BEFORE  MARCH THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE OR FIFTY PERCENT OF
 THE COST OF THE PROPOSED ACTIVITY IF THE GRANT IS  AWARDED  AFTER  MARCH
 THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE.
   7.  NOT LATER THAN ONE YEAR AFTER RECEIVING A GRANT UNDER THE PROGRAM,
 AND EACH YEAR THEREAFTER DURING WHICH THE ACTIVITY FUNDED BY  THE  GRANT
 IS  CARRIED OUT, A GRANT RECIPIENT SHALL SUBMIT TO THE DIVISION A REPORT
 ON THE ACTIVITIES CARRIED OUT USING THE GRANT, INCLUDING, IF APPLICABLE:
 THE NUMBER OF HOMICIDE AND NON-FATAL SHOOTING DETECTIVES  HIRED  BY  THE
 GRANT  RECIPIENT;  THE  NUMBER OF EVIDENCE-PROCESSING PERSONNEL HIRED BY
 THE GRANT RECIPIENT; A DESCRIPTION OF ANY TRAINING THAT IS  PROVIDED  TO
 EXISTING  (AS OF THE DATE ON WHICH THE GRANT WAS AWARDED) OR NEWLY HIRED
 HOMICIDE AND NON-FATAL SHOOTING DETECTIVES AND DESIGNED TO ASSIST IN THE
 SOLVING OF CRIMES AND IMPROVE CLEARANCE RATES; ANY NEW EVIDENCE-PROCESS-
 ING TECHNOLOGY OR EQUIPMENT PURCHASED OR ANY UPGRADES MADE  TO  EXISTING
 (AS  OF  THE DATE ON WHICH THE GRANT WAS AWARDED) EVIDENCE TECHNOLOGY OR
 EQUIPMENT, AND THE ASSOCIATED COST; ANY ASSESSMENTS OF EVIDENCE-PROCESS-
 ING TECHNOLOGY OR EQUIPMENT PURCHASED  WITH  GRANT  FUNDS  TO  DETERMINE
 WHETHER SUCH TECHNOLOGY OR EQUIPMENT SATISFIES THE OBJECTIVES OF THE USE
 OF  THE  TECHNOLOGY  OR EQUIPMENT IN INCREASING CLEARANCE RATES, AND ANY
 POLICIES IN PLACE TO GOVERN THE USE OF THE TECHNOLOGY OR EQUIPMENT;  THE
 INTERNAL  POLICIES  AND  OVERSIGHT  USED  TO  ENSURE THAT ANY TECHNOLOGY
 PURCHASED THROUGH THE GRANT FOR  THE  PURPOSES  OF  IMPROVING  CLEARANCE
 RATES  DOES NOT VIOLATE THE CIVIL RIGHTS AND CIVIL LIBERTIES OF INDIVID-
 UALS; DATA REGARDING CLEARANCE RATES FOR HOMICIDES, RAPES, OTHER  AGGRA-
 VATED  FELONIES,  AND  NON-FATAL SHOOTINGS, INCLUDING THE RATE OF CLEAR-
 ANCES BY ARREST AND CLEARANCES  BY  EXCEPTION,  AND  CRIME  TRENDS  FROM
 WITHIN EACH JURISDICTION IN WHICH THE GRANT RECIPIENT CARRIED OUT ACTIV-
 ITIES  SUPPORTED  BY THE GRANT; WHETHER THE GRANT RECIPIENT HAS PROVIDED
 A. 10045                            4

 GRANT FUNDS TO ANY VICTIM  SERVICES  ORGANIZATIONS,  AND  IF  SO,  WHICH
 ORGANIZATIONS;  THE  DEMOGRAPHIC  INFORMATION  FOR VICTIMS OF HOMICIDES,
 RAPES, OTHER AGGRAVATED  FELONIES,  AND  NON-FATAL  SHOOTINGS,  AND  THE
 LENGTH  AND OUTCOMES OF EACH INVESTIGATION, INCLUDING WHETHER THE INVES-
 TIGATION WAS CLEARED BY ARREST OR EXCEPTION; THE DEMOGRAPHIC INFORMATION
 FOR EACH VICTIM OR FAMILY MEMBER OF A VICTIM WHO RECEIVED VICTIM-RELATED
 SERVICES PROVIDED BY THE GRANT  RECIPIENT;  AND  IDENTIFICATION  OF  THE
 SERVICES  MOST  USED BY VICTIMS AND THEIR FAMILIES AND IDENTIFICATION OF
 ADDITIONAL SERVICES NEEDED.
   8. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 AND  EVERY  TWO  YEARS  THEREAFTER,  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES SHALL CONDUCT AN EVALUATION OF THE PRACTICES DEPLOYED BY  GRANT
 RECIPIENTS  TO  IDENTIFY  POLICIES AND PROCEDURES THAT HAVE SUCCESSFULLY
 IMPROVED CLEARANCE RATES FOR HOMICIDES, RAPES, SEXUAL ASSAULTS,  KIDNAP-
 PINGS,  AND  NON-FATAL  SHOOTINGS;  AND  THE  EFFICACY  OF  ANY SERVICES
 PROVIDED TO VICTIMS AND FAMILY MEMBERS OF VICTIMS OF  HOMICIDES,  RAPES,
 SEXUAL  ASSAULTS,  KIDNAPPINGS,  AND NON-FATAL SHOOTINGS. NOT LATER THAN
 THIRTY DAYS AFTER COMPLETION OF AN EVALUATION THE DIVISION SHALL  SUBMIT
 TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY A
 REPORT INCLUDING THE RESULTS OF THE EVALUATION AND INFORMATION  REPORTED
 BY EACH GRANT RECIPIENT UNDER SUBDIVISION SEVEN OF THIS SECTION.
   §  3. The sum of thirty million dollars ($30,000,000) is hereby appro-
 priated to the division for each of fiscal years 2025 through  2035  out
 of any moneys in the state treasury in the general fund to the credit of
 the local assistance account, not otherwise appropriated, and made imme-
 diately  available,  for  the  purpose of establishing safer communities
 grant program to award grants to eligible entities for  activities  with
 the  specific  objective  of  improving  clearance  rates for homicides,
 rapes, sexual assaults, kidnappings, and non-fatal shootings.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.