US Laws, Codes, Statutes & Cases

 
    §  19.  Office  to  combat  domestic violence. a. The city of New York
  recognizes  that  domestic  violence  is  a  public  health  issue  that
  threatens  hundreds  of  thousands  of  households  each  year  and that
  respects  no  boundaries  of  race,  ethnicity,  age,   gender,   sexual
  orientation  or economic status. The city of New York further recognizes
  that  the  problems  posed  by  domestic  violence   fall   within   the
  jurisdiction  and  programs  of  various  City  agencies  and  that  the
  development of  an  integrated  approach  to  the  problem  of  domestic
  violence,  which  coordinates existing services and systems, is critical
  to the success of the city of New York's efforts in this area.
    b. There shall be, in the executive office of the mayor, an office  to
  combat  domestic violence. The office shall be headed by a director, who
  shall be appointed by the mayor.
    c. The director of the office to combat domestic violence  shall  have
  the power and duty to:
    1. coordinate domestic violence services;
    2. formulate policies and programs relating to all aspects of services
  and protocols for victims of domestic violence;
    3. develop methods to improve the coordination of systems and services
  for domestic violence;
    4.  develop  and  maintain  mechanisms to improve the response of city
  agencies to domestic violence situations and improve coordination  among
  such agencies; and
    5.  implement  public  education  campaigns  to  heighten awareness of
  domestic violence and its effects on  society  and  perform  such  other
  functions as may be appropriate regarding the problems posed by domestic
  violence.
    d. 1. For purposes of this subdivision, the following terms shall have
  the following meanings:
    (i)  "Agency"  shall  mean  a  city, county, borough, or other office,
  position,  administration,  department,  division,  bureau,   board   or
  commission,  or  a corporation, institution or agency of government, the
  expenses of which are paid in whole or in part from the city treasury.
    (ii) "Domestic violence fatality" shall mean a death of  a  family  or
  household member, resulting from an act or acts of violence committed by
  another family or household member, not including acts of self-defense.
    (iii)   "Family   or   household  member"  shall  mean  the  following
  individuals:
    (a) persons related by consanguinity or affinity;
    (b) persons legally married to one another;
    (c) persons formerly married to one another regardless of whether they
  still reside in the same household;
    (d) persons who have a child in  common  regardless  of  whether  such
  persons have been married or have lived together at any time;
    (e)  persons  not  legally married, but currently living together in a
  family-type relationship; and
    (f) persons not legally married, but who have formerly lived  together
  in a family-type relationship.
    Such term, as described in (e) and (f) of this subparagraph, therefore
  includes  "common  law" marriages, same sex couples, registered domestic
  partners,  different  generations  of  the  same  family,  siblings  and
  in-laws.
    (iv)  "Perpetrator"  shall  mean  a  family  or  household  member who
  committed an act or acts of violence resulting in  a  domestic  violence
  fatality.
    (v)  "Victim"  shall  mean  a  family  or household member whose death
  constitutes a domestic violence fatality.

    2. There shall be a domestic violence  fatality  review  committee  to
  examine  aggregate  information relating to domestic violence fatalities
  in the city of New York. Such committee  shall  develop  recommendations
  for  the  consideration of the director of the office to combat domestic
  violence  regarding  the  coordination  and  improvement of services for
  victims  of  domestic  violence  provided  by   agencies   and   private
  organizations  that provide such services pursuant to a contract with an
  agency. The committee shall be convened by the director of the office to
  combat domestic violence, or his or her designee, and shall  consist  of
  the  director  of  the office to combat domestic violence, or his or her
  designee, the commissioner of the  police  department,  or  his  or  her
  designee,  the  commissioner  of  the  department  of  health and mental
  hygiene, or his or her designee, the commissioner of the  department  of
  social  services/human resources administration, or his or her designee,
  the commissioner of the department of homeless services, or his  or  her
  designee  and  the  commissioner  of  the  administration for children's
  services, or his or her designee. The committee shall  also  consist  of
  two representatives of programs that provide social or legal services to
  victims   of   domestic  violence  and  two  individuals  with  personal
  experience with domestic violence. The director of the office to  combat
  domestic violence, or his or her designee, shall serve as chairperson of
  the committee. At the discretion of the director of the office to combat
  domestic  violence,  the  committee may also include a representative of
  any of the offices of the district attorney of any of the five  boroughs
  and/or  a  representative  of  the New York city housing authority. Each
  member of the committee other than any member serving in an  ex  officio
  capacity shall be appointed by the mayor.
    (i)  The  service  of each member other than a member serving in an ex
  officio capacity shall be for a term of two  years  to  commence  ninety
  days  after  the  effective  date  of  the  local  law  that  added this
  subdivision. Any vacancy occurring other  than  by  expiration  of  term
  shall be filled by the mayor in the same manner as the original position
  was  filled.  A  person  filling  such  a  vacancy  shall  serve for the
  unexpired portion of the term of the member succeeded. New  terms  shall
  begin on the next day after the expiration date of the preceding term.
    (ii) Members of the committee shall serve without compensation.
    (iii)  No  person  shall be ineligible for membership on the committee
  because such person holds any other public office, employment or  trust,
  nor  shall  any  person  be  made ineligible to or forfeit such person's
  right to any public office,  employment  or  trust  by  reason  of  such
  appointment.
    (iv) The committee shall meet at least four times a year.
    3.  The  committee's  work  shall  include,  but  not  be  limited to,
  reviewing statistical data relating  to  domestic  violence  fatalities;
  analyzing   aggregate   information   relating   to   domestic  violence
  fatalities, including, non-identifying data with respect to victims  and
  perpetrators  involved  in domestic violence fatalities, such as gender,
  age,  race  and  familial  or  other  relationship  involved,  and,   if
  available,  religion,  ethnicity  and  employment  status; examining any
  factors indicating a  high-risk  of  involvement  in  domestic  violence
  fatalities;  and  developing  recommendations  for  the  director of the
  mayor's office to combat domestic violence  regarding  the  coordination
  and improvement of services for victims of domestic violence provided by
  agencies  and  private organizations that provide such services pursuant
  to a contract with an agency.
    4. The committee may request and receive information from  any  agency
  as  may be necessary to carry out the provisions of this subdivision, in
  accordance with applicable laws, rules and regulations,  including,  but

  not limited to, the exceptions to disclosure of agency records contained
  in  the  public  officers  law.  Nothing  in  this  subdivision shall be
  construed as limiting any right or obligation of  agencies  pursuant  to
  the  public  officers  law,  including  the  exceptions to disclosure of
  agency records contained in such law,  with  respect  to  access  to  or
  disclosure  of  records  or  portions  thereof.  The  committee may also
  request from any private organization  providing  services  to  domestic
  violence  victims  pursuant  to  a  contract  with an agency information
  necessary to carry out the provisions of this subdivision. To the extent
  provided by  law,  the  committee  shall  protect  the  privacy  of  all
  individuals   involved  in  any  domestic  violence  fatality  that  the
  committee may receive information on in carrying out the  provisions  of
  this subdivision.
    5.  The  committee shall submit to the mayor and to the speaker of the
  city council, on an annual basis, a report including,  but  not  limited
  to, the number of domestic violence fatality cases which occurred in the
  city  of  New  York  during  the  previous  year; the number of domestic
  violence fatality cases reviewed by the committee  during  the  previous
  year,  if  any;  any  non-identifying  data  with respect to victims and
  perpetrators involved in domestic violence fatalities, such  as  gender,
  age,   race  and  familial  or  other  relationship  involved,  and,  if
  available,  religion,  ethnicity  and  employment  status;  any  factors
  indicating  a  high risk of involvement in domestic violence fatalities;
  and  recommendations  regarding  the  coordination  and  improvement  of
  services  for  victims  of  domestic  violence  provided by agencies and
  private organizations that provide such services pursuant to a  contract
  with an agency.