S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6212--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2023
                                ___________
 
 Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 11, 12, 13, 14 and 15 to read as follows:
   11. "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.
   12. "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10621-02-3
              

 S. 6212--A                          2
 
 BECAUSE THE SUSPECT COMMITTED AN OFFENSE IN ANOTHER JURISDICTION AND  IS
 BEING PROSECUTED FOR THAT OFFENSE.
   13.  "CLEARANCE RATE", WITH RESPECT TO A LAW ENFORCEMENT AGENCY, MEANS
 THE NUMBER OF OFFENSES CLEARED BY THE LAW ENFORCEMENT AGENCY,  INCLUDING
 THROUGH  CLEARANCE  BY ARREST AND CLEARANCE BY EXCEPTION, DIVIDED BY THE
 TOTAL NUMBER OF OFFENSES REPORTED TO THE LAW ENFORCEMENT AGENCY.
   14. "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.
   15.  "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;
 S. 6212--A                          3
 
   (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;
   (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-FOUR OR FIFTY PERCENT OF
 THE COST OF THE PROPOSED ACTIVITY IF THE GRANT IS  AWARDED  AFTER  MARCH
 THIRTY-FIRST, TWO THOUSAND THIRTY-FOUR.
   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-
 S. 6212--A                          4
 
 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
 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 2024 through  2034  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.