2006 New York Code - New York State Office For The Prevention Of Domestic Violence.

 
    § 575. New  York state office for the prevention of domestic violence.
  1.   Establishment of office. There is  hereby  established  within  the
  executive  department  the  "New York state office for the prevention of
  domestic violence", hereinafter in  this  section  referred  to  as  the
  "office".
    2.  Duties  and responsibilities. The office shall advise the governor
  and the legislature on the most effective ways for state  government  to
  respond  to  the  problem  of  domestic  violence.  In  fulfilling  this
  responsibility, the office shall consult with experts, service providers
  and representative organizations in the field of domestic  violence  and
  shall act as an advocate for domestic violence victims and programs.
    3.  Activities.  In  addition,  the office shall develop and implement
  policies and programs designed to assist victims  of  domestic  violence
  and  their  families,  and to provide education and prevention, training
  and technical  assistance.  Such  domestic  violence-related  activities
  shall include, but not be limited to:
    (a) Serving as a clearinghouse for information and materials;
    (b)   Developing   and  coordinating  community  outreach  and  public
  education throughout the state;
    (c) Developing and delivering training to professionals, including but
  not limited to professionals in the fields of:
    (i) domestic violence;
    (ii) health and mental health;
    (iii) social and human services;
    (iv) public education;
    (v) law enforcement and criminal justice;
    (vi) alcohol and substance abuse.
    (d) Developing and promoting school-based prevention programs;
    (e) Providing technical  assistance  to  state  and  local  government
  bodies and other agencies and to private not-for-profit corporations, on
  effective   policies  and  responses  to  domestic  violence,  including
  development  of  a  model  domestic  violence  policies,   pursuant   to
  subdivisions seven, eight and nine of this section;
    (f)  Promoting  and  facilitating  interagency cooperation among state
  agencies and intergovernmental cooperation between different  levels  of
  government in the state in the delivery and/or funding of services;
    (g)  Operating  as  an  advocate  for  domestic  violence services and
  victims;
    (h) Undertaking program and services  needs  assessments  on  its  own
  initiative or at the request of the governor, the legislature or service
  providers;
    (i)  Examining  the  relationship  between domestic violence and other
  problems and making recommendations for effective policy response;
    (j) Collecting data, conducting research, and holding public hearings;
    (k) Making periodic  reports  to  the  governor  and  the  legislature
  recommending  policy and program directions and reviewing the activities
  of the office;
    (l) Any other activities including the making of and  promulgation  of
  rules  and  regulations deemed necessary to facilitate the prevention of
  domestic violence within the scope and purview of this article which are
  not otherwise inconsistent with any other provisions of law.
    4. Advisory council. (a) An advisory council is hereby established  to
  make  recommendations  on domestic violence related issues and effective
  strategies for the prevention of domestic violence,  to  assist  in  the
  development   of  appropriate  policies  and  priorities  for  effective
  intervention, public education  and  advocacy,  and  to  facilitate  and
  assure  communication  and  coordination of efforts among state agencies
  and  between  different  levels  of  government,  state,  federal,   and
  municipal, for the prevention of domestic violence.
    (b)  The  advisory  council shall consist of nine members and fourteen
  ex-officio members. Each member shall be appointed to serve for  a  term
  of  three years and shall continue in office until a successor appointed
  member is made. A member appointed to fill a vacancy shall be  appointed
  for the unexpired term of the member he or she is to succeed. All of the
  members  shall  be  individuals  with  expertise in the area of domestic
  violence. Three members shall be appointed by the governor, two  members
  shall be appointed upon the recommendation of the temporary president of
  the  senate,  two  members shall be appointed upon the recommendation of
  the speaker of the assembly, one member  shall  be  appointed  upon  the
  recommendation  of  the  minority  leader  of the senate, and one member
  shall be appointed upon the recommendation of the minority leader of the
  assembly. The ex-officio members of the advisory board shall consist  of
  one  representative  from  the  staff  of  each  of  the following state
  departments and divisions: department of social services; department  of
  health;  education  department;  office  of  mental  health; division of
  alcoholism and alcohol abuse; division  of  criminal  justice  services;
  division of probation and correctional alternatives; division for women;
  division for youth; crime victims board; office of court administration;
  department of labor; and the empire state development corporation.
    (c)  The  governor  shall  appoint  a  member as chair of the advisory
  council to serve at the pleasure of the governor.
    (d) The advisory council shall meet as often as  deemed  necessary  by
  the  chair or executive director but in no event less than two times per
  year.
    (e) The members of the advisory council shall  receive  no  salary  or
  other   compensation  for  their  services  but  shall  be  entitled  to
  reimbursement  for  actual  and  necessary  expenses  incurred  in   the
  performance   of   their   duties   within  amounts  made  available  by
  appropriation therefor subject to the approval of the  director  of  the
  budget.  The ex-officio members of the advisory council shall receive no
  additional compensation for their services on the advisory council above
  the salary they receive from the  respective  departments  or  divisions
  that employ them.
    5.  Executive  director.  (a)  The governor shall appoint an executive
  director of the office who shall serve at the pleasure of the governor.
    (b) The executive director shall receive an annual salary fixed by the
  governor within the amounts appropriated specifically therefor and shall
  be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
  connection with the performance of the director's duties.
    (c)  The executive director shall appoint staff and perform such other
  functions to ensure the efficient operation of the office.
    6. Assistance of other agencies. The  office  may  request  and  shall
  receive in a timely manner from any department, division, board, bureau,
  commission  or  agency  of the state, such information and assistance as
  shall enable it to properly carry out its powers and duties pursuant  to
  this article.
    7.  Model  domestic violence policy for counties. (a) The office shall
  convene a task force of  county  level  municipal  officials,  municipal
  police  and  members  of  the  judiciary,  or their representatives, and
  directors of domestic violence programs, including representatives  from
  a  statewide  advocacy  organization  for  the  prevention  of  domestic
  violence, to develop a model domestic violence policy for counties.  For
  the  purposes  of this subdivision, "county" shall have the same meaning
  as such term is defined in section three of the county law, except  that
  the  city of New York shall be deemed to be one county. The office shall
  give due consideration to  the  recommendations  of  the  governor,  the
  temporary  president  of  the senate and the speaker of the assembly for
  participation by any person on the task force, and shall make reasonable
  efforts to assure regional balance in membership.
    (b)  The  purpose  of the model policy shall be to provide consistency
  and  coordination  by  and  between  county  agencies  and  departments,
  including   criminal   justice  agencies  and  the  judiciary,  and,  as
  appropriate, by municipalities or other jurisdictions within the  county
  and  other  governmental agencies and departments, by assuring that best
  practices, policies, protocols and procedures are used  to  address  the
  issue  of  domestic  violence,  and  to  secure the safety of the victim
  including, but not limited to:
    (i) response, investigation and arrest policies by police agencies;
    (ii)  response  by  other   criminal   justice   agencies,   including
  disposition   of   domestic   violence   complaints,  the  provision  of
  information and orders of protection;
    (iii) response  by  human  services  and  health  agencies,  including
  identification,  assessment,  intervention  and  referral  policies  and
  responses to victims and the perpetrators of domestic violence;
    (iv) training and  appropriate  and  relevant  measures  for  periodic
  evaluation of community efforts; and
    (v)  other  issues  as  shall be appropriate and relevant for the task
  force to develop such policy.
    (c) Such model policy shall be reviewed by the task  force  to  assure
  consistency  with  existing  law and shall be made the subject of public
  hearings convened by the office throughout the state at  places  and  at
  times which are convenient for attendance by the public, after which the
  policy  shall  be reviewed by the task force and amended as necessary to
  reflect concerns raised at the hearings. If approved by the task  force,
  such  model policy shall be provided as approved with explanation of its
  provisions to the governor and the legislature not later than two  years
  after  the  effective  date  of  this  subdivision.  Notification of the
  availability of such model domestic violence policy shall be made by the
  office to every county in the state, and copies of the policy  shall  be
  made available to them upon request.
    (d)  The  office  in  consultation  with  the task force, providers of
  service, the advisory council and others, including representatives of a
  statewide advocacy organization for the  prevention  domestic  violence,
  shall  provide  technical  support,  information  and  encouragement  to
  counties to implement the provisions of the  model  policy  on  domestic
  violence.
    (e)  Nothing  contained in this subdivision shall be deemed to prevent
  the governing body  of  a  county  from  designating  a  local  advisory
  committee  to  investigate  the  issues, work with providers of domestic
  violence programs and other  interested  parties,  and  to  aid  in  the
  implementation   of  the  policy  required  by  this  subdivision.  Such
  governing body or advisory  committee  may  request  and  shall  receive
  technical  assistance  from  the  office  for  the development of such a
  policy. Implementation of the model domestic violence  policy  may  take
  place  in  a  form  considered  appropriate  by  the governing body of a
  county, including guidelines, regulations and local laws.
    (f) The office shall survey county governments within  four  years  of
  the  effective  date  of  this  subdivision  to  determine  the level of
  compliance with the model domestic violence policy, and shall take  such
  steps   as   shall  be  necessary  to  aid  county  governments  in  the
  implementation of such policy.
    8. State domestic violence policy. (a) The office shall  survey  every
  state  agency to determine any activities, programs, rules, regulations,
  guidelines or statutory requirements that  have  a  direct  or  indirect
  bearing  on  the  state's  efforts and abilities to address the issue of
  domestic violence including,  but  not  limited  to,  the  provision  of
  services  to  victims  and  their  families.  Within  two  years  of the
  effective date of  this  subdivision,  the  office  shall  compile  such
  information   and  provide  a  report,  with  appropriate  comments  and
  recommendations, to the governor and the legislature. For  the  purposes
  of  this subdivision, "state agency" shall have the same meaning as such
  term is defined in section two-a of the state finance law.
    (b) Within three years of the effective date of this  subdivision  the
  office  shall recommend a state domestic violence policy consistent with
  statute and best practice, policies, procedures  and  protocols  to  the
  governor  and the legislature. The purpose of such model policy shall be
  to provide consistency and coordination by and  between  state  agencies
  and departments to address the issue of domestic violence. In developing
  such  model  policy,  the office shall consult with a statewide advocacy
  organization for the prevention of domestic violence, and  shall  assure
  that the advisory council reviews all data and recommendations and shall
  not  submit  such  model  policy until approved by the advisory council.
  Such recommendations shall be provided exclusive of any study or  report
  the office is required to undertake pursuant to a chapter of the laws of
  nineteen  hundred  ninety-four,  entitled  "the  family  protection  and
  domestic violence intervention act of 1994".
    (c) No state agency shall promulgate a  rule  pursuant  to  the  state
  administrative  procedure  act, or adopt a guideline or other procedure,
  including a request for proposals, directly or indirectly affecting  the
  provision  of services to victims of domestic violence, or the provision
  of  services  by  residential  or  non-residential   domestic   violence
  programs, as such terms are defined in section four hundred fifty-nine-a
  of  the  social  services  law, or establish a grant program directly or
  indirectly affecting such victims of domestic violence or  providers  of
  service,  without  first  consulting the office, which shall provide all
  comments in response to such rules, guidelines or procedures in  writing
  directly  to  the  chief  executive  officer  of  such  agency,  to  the
  administrative regulations  review  committee  and  to  the  appropriate
  committees  of the legislature having jurisdiction of the subject matter
  addressed within two weeks of receipt thereof, provided that failure  of
  the  office to respond as required herein shall not otherwise impair the
  ability of such state agency to promulgate a rule. This paragraph  shall
  not  apply  to  an  appropriation  which  finances  a  contract  with  a
  not-for-profit organization which has been identified for a state agency
  without the use of a request for proposals.
    9. Model domestic violence employee awareness and  assistance  policy.
  (a)  The  office  shall  convene  a  task force including members of the
  business community, employees, employee  organizations,  representatives
  from   the   department  of  labor  and  the  empire  state  development
  corporation, and directors  of  domestic  violence  programs,  including
  representatives  of  statewide advocacy organizations for the prevention
  of domestic violence, to develop  a  model  domestic  violence  employee
  awareness and assistance policy for businesses.
    The  office shall give due consideration to the recommendations of the
  governor, the temporary president of the senate, and the speaker of  the
  assembly  for  participation  by any person on the task force, and shall
  make reasonable efforts to assure regional balance in membership.
    (b) The purpose of the model employee awareness and assistance  policy
  shall  be  to  provide  businesses  with  the  best practices, policies,
  protocols and procedures in order that they ascertain domestic  violence
  awareness  in  the  workplace,  assist affected employees, and provide a
  safe  and  helpful  working  environment  for  employees  currently   or
  potentially  experiencing  the  effects  of domestic violence. The model
  plan shall include but not be limited to:
    (i)  the  establishment  of  a  definite  corporate  policy  statement
  recognizing domestic violence as a workplace issue as well as  promoting
  the need to maintain job security for those employees currently involved
  in domestic violence disputes;
    (ii)  policy  and  service publication requirements, including posting
  said policies and service availability  pamphlets  in  break  rooms,  on
  bulletin boards, restrooms and other communication methods;
    (iii)  a listing of current domestic violence community resources such
  as  shelters,  crisis  intervention  programs,   counseling   and   case
  management  programs,  legal  assistance  and advocacy opportunities for
  affected employees;
    (iv) measures to ensure workplace safety including, where appropriate,
  designated  parking  areas,  escort  services  and   other   affirmative
  safeguards;
    (v)  training programs and protocols designed to educate employees and
  managers in how to recognize, approach and assist employees experiencing
  domestic violence, including both victims and batterers; and
    (vi) other issues as shall be appropriate and relevant  for  the  task
  force in developing such model policy.
    (c)  Such  model  policy shall be reviewed by the task force to assure
  consistency with existing law and shall be made the  subject  of  public
  hearings  convened  by  the office throughout the state at places and at
  times which are convenient for attendance by the public, after which the
  policy shall be reviewed by the task force and amended as  necessary  to
  reflect  concerns raised at the hearings. If approved by the task force,
  such model policy shall be provided as approved with explanation of  its
  provisions  to  the governor and the legislature not later than one year
  after the effective date of this  subdivision.  The  office  shall  make
  every  effort  to  notify  businesses  of the availability of such model
  domestic violence employee awareness and assistance policy.
    (d) The office in consultation  with  the  task  force,  providers  of
  services,  the  advisory  council,  the  department of labor, the empire
  state development corporation, and representatives of statewide advocacy
  organizations for the prevention of  domestic  violence,  shall  provide
  technical  support,  information,  and  encouragement  to  businesses to
  implement  the  provisions  of  the  model  domestic  violence  employee
  awareness and assistance policy.
    (e)  Nothing  contained in this subdivision shall be deemed to prevent
  businesses from adopting their own domestic violence employee  awareness
  and assistance policy.
    (f)  The  office  shall  survey  businesses  within  four years of the
  effective date of this section to determine the level  of  model  policy
  adoption  amongst  businesses  and shall take steps necessary to promote
  the further adoption of such policy.
    10. New York state address confidentiality program. The  office  shall
  study  and  issue  a  report  to the governor and the legislature on the
  advisability and feasibility  of  creating  an  address  confidentiality
  program in New York state to allow victims of domestic violence who have
  left abusive relationships to keep new addresses confidential. The study
  shall  include,  but not be limited to, an analysis of the various types
  of public records involved  in  domestic  violence  cases  in  order  to
  determine  the  appropriateness  of  such  records for such program, the
  potential  effects  of  an  address  confidentiality  program   on   the
  record-keeping  practices of state and local agencies, issues concerning
  inter-agency cooperation, enforcement and procedure, the impact  on  the
  court system and any fiscal ramifications. The office shall consult with
  experts, service providers and representative organizations in the field
  of  domestic violence, other states which have created similar programs,
  the  division  of criminal justice services and the department of state.
  The office shall complete such study and report within one year  of  the
  effective date of this subdivision.