2010 New York Code
EXC - Executive
Article 21 - (575 - 576) NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE
575 - 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: office of temporary and disability  services;
  department  of  health;  education  department; office of mental health;
  office of alcoholism and substance abuse services; division of  criminal
  justice  services;  office  of  probation and correctional alternatives;
  office of children and  family  services;  office  of  victim  services;
  office  of  court  administration; department of labor; state office for
  the aging; department of correctional  services;  and  the  division  of
  parole.
    (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.