Section 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
    (h)  Exemptions from particular provisions of this article in the case
  of any city having a population of one million or more, or in  the  case
  of  the  state department of correctional services if in its opinion the
  standards of police officer or peace officer  training  established  and
  maintained  by such city or department are higher than those established
  pursuant to this article; or revocation in whole  or  in  part  of  such
  exemption,  if  in  its opinion the standards of police officer or peace
  officer training established and maintained by such city  or  department
  are lower than those established pursuant to this article.
    (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.
    (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.
    2. The council shall promulgate, and may from time to time amend, such
  rules  and  regulations  prescribing height, weight and physical fitness
  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.
    * NB Effective October 4, 2009
    * 3. The council shall, in addition:
    (a) Consult with, advise and make recommendations to the  commissioner
  with  respect to the exercise of his 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  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,  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,  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; and
    (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  officer  recruitment  efforts
  and to increase police awareness of racial, ethnic, religious and gender
  differences,  and  other diversity issues, in communities served by such
  police.
    * NB Effective until October 4, 2009
    * 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, 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,  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;
    (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.
    * NB Effective October 4, 2009