Section 576. Batterers project

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   division   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 division 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.