1. The Laws of New York
  2. Consolidated Laws
  3. Executive
  4. Article 21: New York State Office For the Prevention of Domestic Violence


Section 576 Batterers project

Executive (EXC)

1. Definitions. As used in this section:

  (a) "Batterers program" means a program approved as provided herein which is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services whose goal is to help clients end abusive behaviors. Components of such programs shall include but not be limited to: an educational instruction and group discussion model to provide information about domestic violence including the illegality of domestic violence, and the responsibility for and the alternative choices to abusive behavior; a long term group whose goal is to help end the violent behavior of its participants; and formal and established linkages to the local criminal justice system and to area domestic violence programs.

  (b) "Client" means a person referred to a batterers program by an order of the family, criminal or supreme court, by a state, local or private agency, or a person who is self-referred, and who is accepted by the batterers program.

  (c) "Domestic violence program" means residential programs defined in subdivision four of section four hundred fifty-nine-a of the social services law.

  (d) "Domestic violence" means acts as referred to in and qualified by section four hundred fifty-nine-a of the social services law.

  (e) "Office" means the New York state office for the prevention of domestic violence established by this article.

  2. Establishment of batterers programs; authorization. (a) The office is hereby authorized to contract, from amounts appropriated therefor, for the provision of not less than five batterers programs in counties as provided herein. No single contract for such a program shall exceed the sum of fifty thousand dollars per annum.

  (b) In approving contracts pursuant to this section, the office shall seek to establish a meaningful balance between rural, urban and suburban counties.

  (c) The office shall not approve contracts for establishment of programs in counties that have no access to domestic violence programs.

  (d) In implementing the project authorized by this section and in carrying out its responsibilities hereunder the office shall consult with such other persons and organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the success of the project.

  3. Establishment of batterers programs; eligibility. Prior to approving contracts authorized by this section, the office shall solicit applications from public or not-for-profit organizations which shall address the following:

  (a) A description of the components of the proposed program, including but not limited to:

  (i) the population to be served;

  (ii) the program objectives;

  (iii) the implementation plan for the prevention and educational services to be provided, including the educational instruction and group discussion model and the long term group;

  (iv) the reporting procedures designed to advise the referring court or agency of the client's attendance and participation in the program;

  (v) the proposed annual budget of the program, including, in the case of any already established program, an assurance that funds received pursuant to this act will not serve to substitute for any other funds ordinarily and customarily received by such organization for the provision of the program;

  (vi) the formal and established or proposed linkages to area domestic violence programs and to the local criminal justice system, including the judiciary, probation and police departments, and the district attorney;

  (vii) the existing or proposed community education component of the program;

  (viii) any other services proposed to be provided; and

  (ix) any other information deemed necessary by the office.

  (b) Assurance of planning, cooperation and coordination with, and support by, the domestic violence program, the criminal justice system, and other appropriate officials and services.

  (c) Assurance that the program will not provide couple counseling or mediation, as such terms shall be defined by the office.

  (d) Assurance that the batterers program shall have policies regarding:

  (i) referrals for whom batterers programs are not appropriate;

  (ii) suicide and homicide threats by clients; and

  (iii) confidentiality, in accordance with standards promulgated by the office.

  (e) Assurance that the batterers program will participate in the designated training program and evaluation process to be provided as required herein by the office.

  4. Establishment of batterers programs; approval. In approving any program for inclusion in the project authorized by this section, the office shall consider the following:

  (a) Whether in the county in which the proposed batterers program is to operate there exists or can be established a coordinated criminal justice response to domestic violence, including the development and coordination of judicial, law enforcement, probation, and prosecutorial policies;

  (b) Whether the establishment of a batterers program has the support of the judiciary, which shall be provided or assured in such manner and form as is acceptable to the office;

  (c) Whether the organization proposing to contract for such batterers program has the capacity to plan for and operate such program;

  (d) Whether the organization proposing to contract for such batterers program has the ability and intention to work cooperatively with the office in operating and evaluating the effectiveness of such program; and

  (e) Such other factors as may be deemed necessary or appropriate by the office to implement the provisions of this section.

  5. Training and technical assistance. (a) The office shall, in conjunction with the office of probation and correctional alternatives, provide or arrange to be provided technical assistance and training as requested or necessary to programs approved pursuant to this act to develop appropriate services and train staff, improve coordination with the domestic violence program, other appropriate support services, the criminal justice system, including the judiciary, the police, the district attorney, and other appropriate officials and services.

  (b) The office shall, in conjunction with the office of probation and correctional alternatives, provide any requested or necessary assistance to local departments of probation to assist in the development of local plans, policies and procedures for case referral, coordination, and monitoring of clients with appropriate agencies and persons.

  6. Evaluation and reports. (a) The office shall evaluate the project. In implementing its responsibilities under this subdivision the office shall consult with such other persons and organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the success of the evaluation. The evaluation shall measure program operation and effectiveness.

  (i) The evaluation of program implementation and operation shall examine the following factors:

  (A) pertinent and appropriate factors concerning clients including but not limited to age, education, income, employment status, marital status, number of children and their ages, alcohol or substance use, and personal history of family violence;

  (B) the total number of clients referred to the program, identified by referral source;

  (C) the total number of persons determined to be inappropriate for services, and the reasons therefor;

  (D) the number of clients enrolled in the program, the number completing the program, the number failing to complete and the reasons therefor;

  (E) the number of classes or group meetings; and

  (F) such other factors as the office may deem necessary and appropriate.

  (ii) The evaluation of program outcome shall include but not be limited to: (A) unofficial, self-reported incidence of domestic violence prior to referral to the program, during program participation, and following program completion at time intervals deemed appropriate during the evaluation process; and (B) such other factors as shall be deemed significant in measuring outcome.

  (b) The office shall develop standardized data collection tools, procedures for data collection and guidelines for confidentiality of the information collected for the evaluation specified in paragraph (a) of this subdivision. The office shall consult with and consider the comments of such other persons and organizations with expertise in the field of domestic violence as may be necessary to assure the appropriateness of such tools, procedures, and guidelines.

  (c) The office shall prepare and submit to the governor, the temporary president of the senate and the speaker of the assembly not later than May fifteenth, nineteen hundred ninety-three, a final report regarding the implementation, operation and evaluation of the project. Such report shall include data on each of the factors specified in paragraph (a) of this subdivision, and any recommendations for change or improvement of the project. In making and preparing such report the office shall consult with and consider the comments of such other persons and organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the completeness of the report.

  (d) In addition, the final report required by paragraph (c) of this subdivision shall include an evaluation analyzing the effectiveness of the programs comprising the project and shall include recommendations regarding the continuation of the programs, based on such evaluation.