Section 837-A. Additional functions, powers and duties of the division  


Latest version.
  • In
      addition to the functions, powers and duties otherwise provided by  this
      article, the division shall:
        1. Collect and analyze statistical and other information and data with
      respect  to  the  number  of  persons  charged  with the commission of a
      felony, including, but not limited to, the felony provisions of articles
      twenty-seven,  thirty-seven  and  forty,  and  titles  twenty-seven  and
      thirty-seven  of  article  seventy-one of the environmental conservation
      law, article four of the insurance law, sections 176.15, 176.20,  176.25
      and 176.30 of the penal law relative to insurance fraud, as such term is
      defined  in section 176.05 of such law, by indictment or the filing of a
      superior court information, the felony with which the person was charged
      therein, the county  within  which  the  indictment  or  superior  court
      information  was  filed,  the  disposition  thereof  including,  but not
      limited to, as the case may be, dismissal,  acquittal,  the  offense  to
      which  the  defendant  pleaded  guilty,  the  offense  the defendant was
      convicted of after trial, and the sentence.
        2. Present  to  the  governor,  temporary  president  of  the  senate,
      minority  leader of the senate, speaker of the assembly and the minority
      leader of the assembly a quarterly report containing the statistics  and
      other information required by subdivision one hereof. The initial report
      required  by  this paragraph shall be for the period beginning September
      first, nineteen hundred seventy-three and ending December  thirty-first,
      nineteen  hundred  seventy-three  and  shall  be presented no later than
      January  fifteen,  nineteen  hundred  seventy-four.   Thereafter,   each
      quarterly  report shall be presented no later than thirty days after the
      close of each quarter.
        3. Present  to  the  governor,  temporary  president  of  the  senate,
      minority leader of the senate, speaker of the assembly, and the minority
      leader of the assembly a semi-annual report analyzing the processing and
      disposition  of cases covered by the provisions of a chapter of the laws
      of  nineteen  hundred  seventy-eight  relating  to  the  imposition   of
      mandatory  sentences  of  imprisonment  and plea bargaining restrictions
      upon violent felony  offenders,  second  violent  felony  offenders  and
      persistent  violent felony offenders. The report shall assess the effect
      of such law on the ability of the criminal justice system to  deal  with
      violent  crime,  and its impact on the resources of the criminal justice
      system, and shall make recommendations for any changes in such law which
      may be necessary  to  accomplish  its  objectives.  The  initial  report
      required by this subdivision shall be for the period beginning September
      first,  nineteen hundred seventy-eight and ending February twenty-eight,
      nineteen hundred seventy-nine and shall be presented no later than April
      first,  nineteen  hundred  seventy-nine.  Thereafter,  each  semi-annual
      report  shall  be presented no later than thirty days after the close of
      the six-month period.
        4.  Collect,  analyze  and  maintain  all  reports,   statements   and
      transcripts  forwarded  to  the  division  concerning  the  reasons  for
      imposition of  a  sentence  other  than  an  indeterminate  sentence  of
      imprisonment  upon  an  armed  felony offender as defined in subdivision
      forty-one of section 1.20 of the criminal procedure law; the reasons for
      the removal of an action involving a juvenile offender,  as  defined  in
      subdivision  forty-two of section 1.20 of the criminal procedure law, to
      the family court; and the reasons for a finding that  a  youth  who  has
      been convicted of an armed felony offense is to be treated as a youthful
      offender.  Such  reports,  statements  and  transcripts  shall  be  made
      available for public inspection except that in the case  of  a  juvenile
      offender  or  a  youthful  offender,  those  portions which identify the
      offender shall be deleted.  The commissioner may promulgate  such  rules
    
      and regulations with respect to the form of such reports, statements and
      transcripts.
        5.  Make  certain  that  such  statistical information relating to the
      commission  of  offenses   in   violation   of   article   twenty-seven,
      thirty-seven  or forty, or title twenty-seven or thirty-seven of article
      seventy-one of the environmental conservation law, article four  of  the
      insurance  law,  sections 176.15, 176.20, 176.25 and 176.30 of the penal
      law relative to insurance fraud, as such  term  is  defined  in  section
      176.05  of  such  law,  is  included  and  becomes a part of any and all
      published statistical studies on the occurrence of crime in  this  state
      or  crime  dispositions by the courts of this state or incarcerations in
      the correctional facilities of this state.
        6. Present  to  the  governor,  temporary  president  of  the  senate,
      minority  leader of the senate, speaker of the assembly and the minority
      leader of the assembly  an  annual  report  analyzing  the  disposal  of
      property  forfeited  pursuant to the provisions of article thirteen-A of
      the civil practice law and rules and article four hundred eighty of  the
      penal law.  The initial report required by this subdivision shall be for
      the  period beginning November first, nineteen hundred ninety and ending
      May thirty-first, nineteen hundred ninety-one and shall be presented  no
      later  than  July  first,  nineteen hundred ninety-one. Thereafter, each
      annual report shall be presented  no  later  than  February  first.  The
      commissioner  may  promulgate  rules and regulations with respect to the
      form of such report.
        7. Contract with an  organization  having  substantial  knowledge  and
      experience  in  the  prosecution  of  serious  criminal  matters for the
      development and  provision  of  continuing  legal  education,  training,
      advice  and  assistance  for  prosecutors  in the prosecution of capital
      cases.
        8. Present  to  the  governor,  temporary  president  of  the  senate,
      minority  leader of the senate, speaker of the assembly and the minority
      leader  of  the  assembly  an  annual  report  about  the  function  and
      effectiveness  of  the  Operation  IMPACT  program.  Such  report  shall
      include, but not be limited to, crime data obtained, analyzed  and  used
      by  each  Operation  IMPACT  partnership  in  participating counties and
      affected municipalities including the number  of  arrests  made  by  law
      enforcement as a direct result of the Operation IMPACT program including
      any  available  demographic  information  about the persons arrested and
      prosecuted  and  the  disposition  of  such  matters,  and   any   other
      information  related  to  the program's effectiveness in reducing crime.
      Such  report  shall  also  include  information  about  crime  reduction
      strategies  developed  by  Operation  IMPACT partnerships, the number of
      state police and division of parole personnel participating in Operation
      IMPACT activities, and a  description  of  training  supplied  to  local
      Operation  IMPACT  participants.    The  initial report required by this
      paragraph shall be presented by December thirty-first, two thousand six.
      Thereafter, an annual report shall be presented no later  than  December
      thirty-first of each year.
        * 9.  In  consultation with the state commission of correction and the
      municipal police training council,  establish  and  maintain  basic  and
      other  correctional  training  programs  for  such personnel employed by
      correctional facilities as the commissioner shall deem  necessary.  Such
      basic correctional training program shall be satisfactorily completed by
      such  personnel  prior  to  their undertaking their duties or within one
      year following the date of their appointment or at  such  times  as  the
      commissioner  may  prescribe.  Provided,  however, the commissioner may,
      after consultation with the state commission of correction, exempt  from
      such  requirement personnel employed by any correctional facility which,
    
      in the opinion of  the  commissioner,  maintains  a  basic  correctional
      training  program of a standard equal to or higher than that established
      and maintained by the division; or revoke  in  whole  or  in  part  such
      exemption,  if  in  his  or  her  opinion  the  standards  of  the basic
      correctional training program maintained by such facility are lower than
      those established pursuant to this article.
        * NB Effective October 4, 2009