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SECTION 837
Functions, powers and duties of division
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 837. Functions, powers and duties of division. The division shall
have the following functions, powers and duties:

1. Advise and assist the governor in developing policies, plans and
programs for improving the coordination, administration and
effectiveness of the criminal justice system;

2. Make recommendations to agencies in the criminal justice system for
improving their administration and effectiveness:

3. Act as the official state planning agency pursuant to the federal
acts; in accordance therewith, prepare, evaluate and revise statewide
crime control and juvenile delinquency prevention and control plans; and
receive and disburse funds from the federal government;

4. In cooperation with the state administrator of the unified court
system as well as any other public or private agency,

(a) through the central data facility collect, analyze, evaluate and
disseminate statistical and other information and data; and

(b) undertake research, studies and analyses and act as a central
repository, clearinghouse and disseminator of research studies, in
respect to criminal justice functions and any agency responsible for a
criminal justice function, with specific attention to the effectiveness
of existing programs and procedures for the efficient and just
processing and disposition of criminal cases; and

(b-1) collect data and undertake research, studies and analyses of
judicial diversion programs including but not limited to the judicial
diversion program described in article two hundred sixteen of the
criminal procedure law; and

(c) collect and analyze statistical and other information and data
with respect to the number of crimes reported or known to police
officers or peace officers, the number of persons arrested for the
commission of offense, the offense for which the person was arrested,
the county within which the arrest was made and the accusatory
instrument filed, the disposition of the accusatory instrument
including, but not limited to, as the case may be, dismissal, acquittal,
the offense to which the defendant pled guilty, the offense the
defendant was convicted of after trial, and the sentence; and where a
firearm as defined in section 265.00 of the penal law or machine gun,
rifle or shotgun comes into the custody of police officers or peace
officers in the course of an investigation of such crime or offense, the
make, model type, caliber and magazine or cylinder capacity of any such
firearm and whether possession of such firearm by the defendant is
licensed or unlicensed and if confiscated at arrest, the style and
manufacturer of any ammunition; and

(d) Supply data, upon request, to federal bureaus or departments
engaged in collecting national criminal statistics; and

(e) Supply data, including confidential and sealed criminal history
record information, for bona fide research purposes. Such information
shall be disseminated in accordance with procedures established by the
division to assure the security and privacy of identification and
information data, which shall include the execution of an agreement
which protects the confidentiality of the information and reasonably
protects against data linkage to individuals; and

* (e-1) Collect demographic data with respect to persons appointed as
a police officer, including but not limited to racial and gender
characteristics; and

* NB Effective October 16, 2021

(f) Accomplish all of the functions, powers, and duties set forth in
paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
processing and disposition of cases involving violent felony offenses
specified in subdivision one of section 70.02 of the penal law.

4-a. In cooperation with the state administrator of the unified court
system as well as any other public or private agency, collect and
analyze statistical and all other information and data with respect to
the number of environmental crimes and offenses in violation of articles
twenty-seven, thirty-seven and forty, and titles twenty-seven and
thirty-seven of article seventy-one of the environmental conservation
law reported or known to the department of environmental conservation,
the division of state police, and all other police or peace officers,
the number of persons arrested for the commission of said violation, the
offense for which the person was arrested, the county within which the
arrest was made and the accusatory instrument filed, the disposition of
the accusatory instrument filed, including, but not limited to, as the
case may be, dismissal, acquittal, the offense to which the defendant
pled guilty, the offense the defendant was convicted of after trial, and
the sentence or monetary penalty levied, or the civil disposition of the
offense if such offense was adjudicated by civil means.

4-b. In cooperation with any public or private agency or entity,
collect and analyze statistical data and all other information and data
with respect to the number of crimes and offenses committed against
employees of the city of New York responsible for enforcing certain
regulations in such city, while such employees were enforcing or
attempting to enforce such regulations and reported or known to any law
enforcement agency, the number of persons arrested for the commission of
said offenses, the offense for which the person was arrested, the county
within which the arrest was made and the accusatory instrument filed,
the disposition of the accusatory instrument filed, including but not
limited to, as the case may be, dismissal, acquittal, the offense to
which the defendant pled guilty, the offense the defendant was convicted
of after trial, and the sentence or other penalty levied. For the
purposes of this subdivision, an employee of the city of New York
responsible for enforcing certain regulations in such city shall mean a
traffic enforcement agent or an employee of the department of sanitation
who is authorized to issue notices of violation, summons or appearance
tickets.

4-c. In cooperation with the chief administrator of the courts as well
as any other public or private agency, including law enforcement
agencies, collect and analyze statistical and all other information and
data with respect to the number of hate crimes reported to or
investigated by the division of state police, and all other police or
peace officers, the number of persons arrested for the commission of
such crimes, the offense for which the person was arrested, the county
within which the arrest was made and the accusatory instrument filed,
the disposition of the accusatory instrument filed, including, but not
limited to, as the case may be, dismissal, acquittal, the offense to
which the defendant pled guilty, the offense the defendant was convicted
of after trial, and the sentence imposed. The division shall include the
statistics and other information required by this subdivision in the
annual report submitted to the governor and legislature pursuant to
subdivision twelve of this section.

5. Conduct studies and analyses of the administration or operations of
any criminal justice agency when requested by the head of such agency,
and make the results thereof available for the benefit of such agency;

5-a. Undertake to furnish or make available to the district attorneys
of the state such supportive services and technical assistance as the
commissioner and any one or more of the district attorneys shall agree
are appropriate to promote the effective performance of his or their
prosecutorial functions.

6. Establish, through electronic data processing and related
procedures, a central data facility with a communication network serving
qualified agencies anywhere in the state, so that they may, upon such
terms and conditions as the commissioner, and the appropriate officials
of such qualified agencies shall agree, contribute information and,
except as provided in subdivision two of section 306.2 of the family
court act, have access to information contained in the central data
facility, which shall include but not be limited to such information as
criminal record, personal appearance data, fingerprints, photographs,
and handwriting samples;

6-a. Upon request, provide an incarcerated individual of the state or
local correctional facility, at no charge, with a copy of all criminal
history information maintained on file by the division pertaining to
such incarcerated individual.

7. Receive, process and file fingerprints, photographs and other
descriptive data for the purpose of establishing identity and previous
criminal record;

7-a. Receive, process and file orders granting a change of name to
persons convicted of a felony subject to the provisions of subdivision
two of section sixty-one of the civil rights law;

8. Adopt appropriate measures to assure the security and privacy of
identification and information data;

8-a. Charge a fee when, pursuant to statute or the regulations of the
division, it conducts a search of its criminal history records and
returns a report thereon in connection with an application for
employment or for a license or permit. The division shall adopt and may,
from time to time, amend a schedule of such fees which shall be in
amounts determined by the division to be reasonably related to the cost
of conducting such searches and returning reports thereon but, in no
event, shall any such fee exceed twenty-five dollars and an additional
surcharge of fifty dollars. The comptroller is hereby authorized to
deposit such fees into the general fund, provided, however, that the
monies received by the division of criminal justice services for payment
of the additional surcharge shall be deposited in equal amounts to the
general fund and to the fingerprint identification and technology
account. Notwithstanding the foregoing, the division shall not request
or accept any fee for searching its records and supplying a criminal
history report pursuant to section two hundred fifty-one-b of the
general business law relating to participating in flight instruction at
any aeronautical facility, flight school or institution of higher
learning.

8-b. Notwithstanding any other provision of law to the contrary,
charge a fee for the provision of agency materials and publications,
conferences, criminal history record reviews, legal services, the
provision of services to analyze or prepare data that is not prepared in
the ordinary course of business, the provision of information in a
computerized format, the application for approval and renewal of
security guard training schools and the certification and renewal
certification of security guard instructors, the service and repair of
municipal law enforcement agency equipment and collect reimbursement and
other moneys. Such fees shall be reasonably related to the actual costs
incurred, including the costs of salaries, computer time, shipping and
handling, as appropriate. The comptroller is hereby authorized to
deposit such fees into the general fund effective August thirty-first,
nineteen hundred ninety-six.

8-c. Notwithstanding the provisions of section one hundred three of
the general municipal law, section one hundred seventy-four of the state
finance law and any other general, special or local law to the contrary,
any officer, board or agency of a political subdivision or state agency
authorized to make purchases of materials, equipment or supplies, may
make such purchases of statewide automated fingerprint identification
system-related materials, equipment or supplies, through the agreement
executed between the division and North American Morpho Systems, Inc.
Notwithstanding any other law to the contrary, the division shall be
authorized to enter into voluntary cost-sharing arrangements with local
criminal justice agencies for expanded facsimile services and criminal
justice information access through the criminal justice data
communications network.

9. Accept, agree to accept and contract as agent of the state, with
the approval of the governor, any grant, including federal grants, or
any gift for any of the purposes of this article;

10. Accept, with the approval of the governor, as agent of the state,
any gift, grant, devise or bequest, whether conditional or unconditional
(notwithstanding the provisions of section eleven of the state finance
law), including federal grants, for any of the purposes of this article.
Any monies so received may be expended by the division to effectuate any
purpose of this article, subject to the same limitations as to approval
of expenditures and audit as are prescribed for state monies
appropriated for the purposes of this article;

11. Enter into contracts with any person, firm, corporation,
municipality, or governmental agency;

12. Make an annual report to the governor and legislature concerning
its work during the preceding year, and such further interim reports to
the governor, or to the governor and legislature, as it shall deem
advisable, or as shall be required by the governor;

13. Adopt, amend or rescind such rules and regulations as may be
necessary or convenient to the performance of the functions, powers and
duties of the division;

14. Do all other things necessary or convenient to carry out the
functions, powers and duties expressly set forth in this article.

15. Promulgate, in consultation with the superintendent of state
police and the state office for the prevention of domestic violence, and
in accordance with paragraph (f) of subdivision three of section eight
hundred forty of this article, a standardized "domestic violence
incident report form" for use by state and local law enforcement
agencies in the reporting, recording and investigation of all alleged
incidents of domestic violence, regardless of whether an arrest is made
as a result of such investigation. Such form shall be prepared in
multiple parts, one of which shall be immediately provided to the
victim, and shall include designated spaces for: the recordation of the
results of the investigation by the law enforcement agency and the basis
for any action taken; the recordation of a victim's allegations of
domestic violence; the age and gender of the victim and the alleged
offender or offenders; and immediately thereunder a space on which the
victim may sign and verify such victim's allegations. Such form shall
also include, but not be limited to spaces to identify:

(a) what other services or agencies, including but not limited to
medical, shelter, advocacy and other supportive services are or have
previously been involved with the victim; and

(b) whether the victim has been provided with the written notice
described in subdivision five of section eight hundred twelve of the
family court act and subdivision six of section 530.11 of the criminal
procedure law.

16. Operate a toll-free twenty-four hour telephone number that members
of the public may call to obtain information as to resources available
to the public to assist in the location and recovery of missing persons.
Such toll-free telephone line may be operated by the division as part of
the toll-free telephone line established pursuant to section eight
hundred thirty-seven-f of this article. Furthermore, all such
information relating to the locating and recovery of missing persons may
be included on the division homepage established pursuant to section
eight hundred forty-three of this article.

17. In consultation with the district attorneys, develop and operate a
witness protection program. Within the amounts available by
appropriation, such program shall provide assistance to district
attorneys in protecting witnesses and victims, including their family
members, who may suffer physical or emotional harm, intimidation or
retaliatory violence as a result of the cooperation of the witness or
victim with law enforcement, with a particular emphasis on vulnerable
witnesses and victims, including witnesses to and victims of domestic
violence and sexual exploitation and witnesses and victims testifying
against violent or dangerous defendants. Such assistance may include,
but not be limited to, administrative measures to: (a) facilitate name
changes and receipt of new identification documents for witnesses and
victims in appropriate cases; and (b) provide a range of protective
services, including, when necessary, relocating victims and witnesses,
and their family members. The division may enter into contracts with any
person, firm, corporation, not-for-profit entity or governmental agency
to provide administrative oversight and assistance in the operation of
this program, may issue appropriate guidelines and may adopt, amend or
rescind any rules and regulations as may be necessary or convenient to
the operation of the program. These guidelines and regulations shall
include a process by which district attorneys may apply for
reimbursement of the costs of providing witness protection services.

18. In cooperation with any public or private agency or entity,
undertake to make and furnish an instructional video relating to how
sexual predators lure children. The video shall be geared toward
parental information and education. The division shall distribute a copy
of the video to all public libraries and police departments for public
use and viewing.

19. Receive names and other non-clinical identifying information
pursuant to section 9.46 of the mental hygiene law; provided, however,
any such information shall be destroyed five years after such receipt,
or pursuant to a proceeding brought under article seventy-eight of the
civil practice law and rules determining that an individual is eligible
for a license pursuant to section 400.00 of the penal law and otherwise
permitted to possess a firearm.

20. To assist the department of agriculture and markets in developing
information about animal cruelty and protection laws pursuant to
subdivision forty-eight of section sixteen of the agriculture and
markets law.

21. Promulgate a standardized and detailed written protocol that is
grounded in evidence-based principles for the administration of
photographic array and live lineup identification procedures for police
agencies and standardized forms for use by such agencies in the
reporting and recording of such identification procedure. The protocol
shall address the following topics:

(a) the selection of photographic array and live lineup filler
photographs or participants;

(b) instructions given to a witness before conducting a photographic
array or live lineup identification procedure;

(c) the documentation and preservation of results of a photographic
array or live lineup identification procedure;

(d) procedures for eliciting and documenting the witness's confidence
in his or her identification following a photographic array or live
lineup identification procedure, in the event that an identification is
made; and

(e) procedures for administering a photographic array or live lineup
identification procedure in a manner designed to prevent opportunities
to influence the witness.

22. (a) Maintain and annually update a list of offenses in states and
territories of the United States other than New York that include all of
the essential elements of a serious offense as defined by subdivision
seventeen of section 265.00 of the penal law, to assist courts,
licensing authorities and others in determining which offenses in such
other states and territories qualify as a serious offense for purposes
of article two hundred sixty-five of the penal law, subdivision
seventeen of section 265.00 of the penal law, and subdivision one-a of
section 400.00 of the penal law. The division shall append to such list
of offenses a disclaimer that such list shall be for informational
purposes only and is not intended to be a substitute for the advice of
an attorney or counselor-at-law.

(b) Such updated list shall be prominently posted on the website
maintained by the division. Each list shall bear the date of posting,
and each posted and dated listing shall be separately maintained by the
division as a record available to the public. The first list compiled
under this subdivision shall be prominently posted by the division no
later than nine months after the effective date of this subdivision.