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SECTION 840
Functions, powers and duties of council
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 840. Functions, powers and duties of council. 1. The council may
recommend to the governor rules and regulations with respect to:

(a) The approval, or revocation thereof, of police training schools
administered by municipalities;

(b) Minimum courses of study, attendance requirements, and equipment
and facilities to be required at approved municipal police training
schools;

(c) Minimum qualifications for instructors at approved police training
schools;

(d) The requirements of minimum basic training which police officers
appointed to probationary terms shall complete before being eligible for
permanent appointment, and the time within which such basic training
must be completed following such appointment to a probationary term;

(e) The requirements of minimum basic training which police officers
not appointed for probationary terms but appointed on other than a
permanent basis shall complete in order to be eligible for continued
employment or permanent appointment, and the time within which such
basic training must be completed following such appointment on a
non-permanent basis;

(f) The requirements of minimum basic training which peace officers
must complete before being eligible for certification as peace officers,
pursuant to section 2.30 of the criminal procedure law;

(g) Categories or classifications of advanced in-service training
programs and minimum courses of study and attendance requirements with
respect to such categories or classifications; and

(i) The establishment, in cooperation with the division of state
police, of a formalized consumer product tampering training program for
all law enforcement personnel.

(j) (1) Development, maintenance and dissemination of written policies
and procedures pursuant to title six of article six of the social
services law and applicable provisions of article ten of the family
court act, regarding the mandatory reporting of child abuse or neglect,
reporting procedures and obligations of persons required to report,
provisions for taking a child into protective custody, mandatory
reporting of deaths, immunity from liability, penalties for failure to
report and obligations for the provision of services and procedures
necessary to safeguard the life or health of the child; (2)
establishment and implementation on an ongoing basis, of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this paragraph; and (3)
establishment of a training program for police officers whose main
responsibilities are juveniles and the laws pertaining thereto, which
training program shall be successfully completed before such officers
are accredited pursuant to section eight hundred forty-six-h of this
chapter.

(k) Development, maintenance and dissemination, in consultation with
the department of agriculture and markets, of written policies and
procedures pursuant to animal cruelty and protection laws, including,
but not limited to, article twenty-six of the agriculture and markets
law, section 352.3 of the family court act as it applies to companion
animals, and applicable provisions of the penal law, regarding the
investigation and prevention of any act of cruelty to animals. The
council shall make provisions in such policies and procedures for the
education and training in enforcement of such animal cruelty and
protection laws.

(l) Exemptions from particular provisions of this article in the case
of peace officers appointed by the superintendent of state police if in
its opinion the standards of peace officer training provided by the
division of state police exceed those established pursuant to this
article.

(m) Establishment and implementation on an ongoing basis, of a
training program for all current and new police officers and peace
officers regarding the policies and procedures established pursuant to
paragraph (k) of this subdivision.

2. The council shall promulgate, and may from time to time amend, such
rules and regulations prescribing height, weight, physical fitness and
psychological requirements for eligibility of persons for provisional or
permanent appointment in the competitive class of the civil service as
police officers of any county, city, town, village or police district as
it deems necessary and proper for the efficient performance of police
duties.

2-a. The council, in consultation with the state commission of
correction, shall promulgate rules and regulations with respect to:

(a) The approval, or revocation thereof, of basic and other
correctional training programs administered by municipalities;

(b) Minimum courses of study, attendance requirements, and equipment
and facilities to be required at approved basic and other correctional
training programs;

(c) Minimum qualifications for instructors at approved basic and other
correctional training programs; and

(d) The requirements of a minimum basic correctional training program
required by subdivision nine of section eight hundred thirty-seven-a of
this article.

2-b. The council shall promulgate, and may from time to time amend,
such rules and regulations concerning background investigations for
eligibility of persons for provisional or permanent appointment in the
competitive class of the civil service as police officers of any county,
city, town, village or police district as it deems necessary and proper
for the efficient performance of police duties, which shall be
incorporated by the law enforcement agency accreditation council as part
of the certification process in paragraph (d) of subdivision one of
section eight hundred forty-six-h of this chapter.

3. The council shall, in addition: (a) Consult with, advise and make
recommendations to the commissioner with respect to the exercise of his
or her functions, powers and duties as set forth in section eight
hundred forty-one of this article;

(b) Recommend studies, surveys and reports to be made by the
commissioner regarding the carrying out of the objectives and purposes
of this section;

(c) Visit and inspect any police training school and correctional
training programs approved by the commissioner or for which application
for such approval has been made;

(d) Make recommendations, from time to time, to the commissioner, the
governor and the legislature, regarding the carrying out of the purposes
of this section;

(e) Perform such other acts as may be necessary or appropriate to
carry out the functions of the council;

(f) Develop, maintain and disseminate, in consultation with the state
office for the prevention of domestic violence, written policies and
procedures consistent with article eight of the family court act and
applicable provisions of the criminal procedure and domestic relations
laws, regarding the investigation of and intervention by new and veteran
police officers in incidents of family offenses. Such policies and
procedures shall make provisions for education and training in the
interpretation and enforcement of New York's family offense laws,
including but not limited to:

(1) intake and recording of victim statements, and the prompt
translation of such statements if made in a language other than English,
in accordance with subparagraph three of this paragraph, on a
standardized "domestic violence incident report form" promulgated by the
division of criminal justice services in consultation with the
superintendent of state police, representatives of local police forces
and the state office for the prevention of domestic violence, and the
investigation thereof so as to ascertain whether a crime has been
committed against the victim by a member of the victim's family or
household as such terms are defined in section eight hundred twelve of
the family court act and section 530.11 of the criminal procedure law;
and

(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subparagraph three of this
paragraph, including but not limited to immediately providing the victim
with the written notice required in subdivision six of section 530.11 of
the criminal procedure law and subdivision five of section eight hundred
twelve of the family court act;

(3) determine, in consultation with the superintendent of state police
and the office for the prevention of domestic violence, the languages in
which such translation required by subparagraph one of this paragraph,
and the notification required by subparagraph two of this paragraph,
shall be provided. Such determination shall be based on the size of the
New York state population that speaks each language and any other
relevant factor. Such written notice required pursuant to subparagraph
two of this paragraph shall be made available to all local law
enforcement agencies throughout the state. Nothing in this paragraph
shall prevent the council from using the determinations made by the
superintendent of state police pursuant to subdivision (c) of section
two hundred fourteen-b of this chapter;

(f-1) Develop, maintain and disseminate, in consultation with the
office of temporary and disability assistance and the division of
criminal justice services, written policies and procedures regarding
human trafficking victims. Such policies and procedures shall include,
but not be limited to the following: (1) the identification of potential
victims of human trafficking, as defined under section four hundred
eighty-three-aa of the social services law; and (2) information and/or
referral to appropriate social and legal services for victims of human
trafficking in accordance with section four hundred eighty-three-bb of
the social services law;

(g) Develop, maintain and disseminate, in consultation with the state
division of human rights and the state civil service department, written
policies and procedures to enhance police and correctional officer
recruitment efforts and to increase police and correctional officer
awareness of racial, ethnic, religious and gender differences, and other
diversity issues, in communities served by such police and in
correctional facilities; and

(h) Consult with the state commission of correction regarding
correctional training programs.

4. The council shall, in addition:

(a) Develop, maintain and disseminate, in consultation with rape
crisis centers experienced in assisting victims in this state, written
policies and procedures consistent with applicable provisions of the
family court act, domestic relations law, criminal procedure law and the
penal law, regarding the investigation of and intervention by new and
veteran police officers in crimes involving sexual assault. Such
policies and procedures shall make provisions for education and training
of new and veteran police officers in the investigation and enforcement
of crimes involving sexual assault under state law, including but not
limited to:

(1) techniques for interviewing sexual assault victims,

(2) fair treatment standards for crime victims pursuant to article
twenty-three of this chapter,

(3) evidence gathering and evidence preservation, and

(4) dissemination of information concerning availability of local
services for the victims of such crimes; and

(b) Recommend to the governor, rules and regulations with respect to
establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers.

(c) Disseminate the written policies and procedures promulgated in
accordance with subdivision twenty-one of section eight hundred
thirty-seven of this article to all police departments in this state and
implement a training program for all current and new police officers
regarding the policies and procedures established pursuant to such
subdivision.

(d)(1) Establish and regularly update a model law enforcement use of
force policy suitable for adoption by any agency that employs police or
peace officers.

(2) The model law enforcement use of force policy shall include, but
is not limited to:

(i) information on current law as it relates to the use of force by
police and peace officers;

(ii) guidelines regarding when use of force is permitted;

(iii) requirements for documenting use of force;

(iv) procedures for investigating use of force incidents;

(v) guidelines regarding excessive use of force including duty to
intervene, reporting, and timely medical treatment for injured persons;

(vi) standards for failure to adhere to use of force guidelines;

(vii) training mandates on use of force, conflict prevention, conflict
resolution and negotiation, de-escalation techniques and strategies,
including, but not limited to, interacting with persons presenting in an
agitated condition; and

(viii) prohibited uses of force.

(3) The person in charge of every local police department, local
correctional facility, each county sheriff, the superintendent of the
division of the state police, the commissioner of the department of
corrections and community supervision, and the person in charge of every
agency that employs a peace officer in this state shall adopt and
implement a use of force policy in the agency of which they are in
charge. Such use of force policy shall be consistent with the model law
enforcement use of force policy established pursuant to this
subdivision, except that such departments, county sheriffs,
superintendent, commissioner and agencies that employ a peace officer
may impose further and additional restrictions on the use of force, in
such use of force policy or otherwise.

(4) The model law enforcement use of force policy and every use of
force policy established pursuant to subparagraph three of this
paragraph shall be a public document, and shall be made available
without charge to any member of the public promptly upon request. Each
such current use of force policy shall be conspicuously posted on the
public website of the agency that adopted it. Revisions to such use of
force policies shall be updated on the agency's public website within
seventy-two hours of approval of any amendment.

5. The council shall, in addition:

(a) Develop, maintain and disseminate, in consultation with the
commissioner of the office for people with developmental disabilities,
written policies and procedures consistent with section 13.43 of the
mental hygiene law, regarding the handling of emergency situations
involving individuals with autism spectrum disorder and other
developmental disabilities. Such policies and procedures shall make
provisions for the education and training of new and veteran police
officers on the handling of emergency situations involving individuals
with autism spectrum disorder and other developmental disabilities; and

(b) Recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers.

6. The council shall, in addition:

(a) Develop, maintain and disseminate, in consultation with the
division of human rights and the hate crime task force established
pursuant to section two hundred sixteen of this chapter, written
policies and procedures regarding the recognition of and response to
hate crimes, as defined in article four hundred eighty-five of the penal
law. Such policies and procedures shall make provisions for the
education and training of new and veteran police officers on the
recognition of and response to hate crimes; and

(b) Recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers. Such
recommended rules and recommendations shall also be submitted to the
temporary president of the senate and the speaker of the assembly.