2010 New York Code
EXC - Executive
Article 35 - (835 - 846*2) DIVISION OF CRIMINAL JUSTICE SERVICES
837 - Functions, powers and duties of division.

§ 837. Functions,  powers  and  duties of division. The division shall
  have the following functions, powers and duties:
    1. Advise and assist the governor in developing  policies,  plans  and
  programs    for   improving   the   coordination,   administration   and
  effectiveness of the criminal justice system;
    2. Make recommendations to agencies in the criminal justice system for
  improving their administration and effectiveness:
    3. Act as the official state planning agency pursuant to  the  federal
  acts;  in  accordance  therewith, prepare, evaluate and revise statewide
  crime control and juvenile delinquency prevention and control plans; and
  receive and disburse funds from the federal government;
    4. In cooperation with the state administrator of  the  unified  court
  system as well as any other public or private agency,
    (a)  through  the central data facility collect, analyze, evaluate and
  disseminate statistical and other information and data; and
    (b) undertake research, studies and analyses  and  act  as  a  central
  repository,  clearinghouse  and  disseminator  of  research  studies, in
  respect to criminal justice functions and any agency responsible  for  a
  criminal  justice function, with specific attention to the effectiveness
  of  existing  programs  and  procedures  for  the  efficient  and   just
  processing and disposition of criminal cases; and
    (b-1)  collect  data  and  undertake research, studies and analyses of
  judicial diversion programs including but not limited  to  the  judicial
  diversion  program  described  in  article  two  hundred  sixteen of the
  criminal procedure law; and
    (c) collect and analyze statistical and  other  information  and  data
  with  respect  to  the  number  of  crimes  reported  or known to police
  officers or peace officers, the  number  of  persons  arrested  for  the
  commission  of  offense,  the offense for which the person was arrested,
  the  county  within  which  the  arrest  was  made  and  the  accusatory
  instrument   filed,   the   disposition  of  the  accusatory  instrument
  including, but not limited to, as the case may be, dismissal, acquittal,
  the offense  to  which  the  defendant  pled  guilty,  the  offense  the
  defendant  was  convicted  of after trial, and the sentence; and where a
  firearm as defined in section 265.00 of the penal law  or  machine  gun,
  rifle  or  shotgun  comes  into  the custody of police officers or peace
  officers in the course of an investigation of such crime or offense, the
  make, model type, caliber and magazine or cylinder capacity of any  such
  firearm  and  whether  possession  of  such  firearm by the defendant is
  licensed or unlicensed and if  confiscated  at  arrest,  the  style  and
  manufacturer of any ammunition; and
    (d)  Supply  data,  upon  request,  to  federal bureaus or departments
  engaged in collecting national criminal statistics; and
    (e) Supply data, including confidential and  sealed  criminal  history
  record  information,  for  bona fide research purposes. Such information
  shall be disseminated in accordance with procedures established  by  the
  division  to  assure  the  security  and  privacy  of identification and
  information data, which shall include  the  execution  of  an  agreement
  which  protects  the  confidentiality  of the information and reasonably
  protects against data linkage to individuals; and
    (f) Accomplish all of the functions, powers, and duties set  forth  in
  paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
  processing  and  disposition  of cases involving violent felony offenses
  specified in subdivision one of section 70.02 of the penal law.
    4-a. In cooperation with the state administrator of the unified  court
  system  as  well  as  any  other  public  or private agency, collect and
  analyze statistical and all other information and data with  respect  to
  the number of environmental crimes and offenses in violation of articles

twenty-seven,  thirty-seven  and  forty,  and  titles  twenty-seven  and
  thirty-seven of article seventy-one of  the  environmental  conservation
  law  reported  or known to the department of environmental conservation,
  the  division  of  state police, and all other police or peace officers,
  the number of persons arrested for the commission of said violation, the
  offense for which the person was arrested, the county within  which  the
  arrest  was made and the accusatory instrument filed, the disposition of
  the accusatory instrument filed, including, but not limited to,  as  the
  case  may  be,  dismissal, acquittal, the offense to which the defendant
  pled guilty, the offense the defendant was convicted of after trial, and
  the sentence or monetary penalty levied, or the civil disposition of the
  offense if such offense was adjudicated by civil means.
    4-b. In cooperation with any  public  or  private  agency  or  entity,
  collect  and analyze statistical data and all other information and data
  with respect to the number of  crimes  and  offenses  committed  against
  employees  of  the  city  of  New York responsible for enforcing certain
  regulations in  such  city,  while  such  employees  were  enforcing  or
  attempting  to enforce such regulations and reported or known to any law
  enforcement agency, the number of persons arrested for the commission of
  said offenses, the offense for which the person was arrested, the county
  within which the arrest was made and the  accusatory  instrument  filed,
  the  disposition  of  the accusatory instrument filed, including but not
  limited to, as the case may be, dismissal,  acquittal,  the  offense  to
  which the defendant pled guilty, the offense the defendant was convicted
  of  after  trial,  and  the  sentence  or  other penalty levied. For the
  purposes of this subdivision, an  employee  of  the  city  of  New  York
  responsible  for enforcing certain regulations in such city shall mean a
  traffic enforcement agent or an employee of the department of sanitation
  who is authorized to issue notices of violation, summons  or  appearance
  tickets.
    4-c. In cooperation with the chief administrator of the courts as well
  as  any  other  public  or  private  agency,  including  law enforcement
  agencies, collect and analyze statistical and all other information  and
  data  with  respect  to  the  number  of  hate  crimes  reported  to  or
  investigated by the division of state police, and all  other  police  or
  peace  officers,  the  number  of persons arrested for the commission of
  such crimes, the offense for which the person was arrested,  the  county
  within  which  the  arrest was made and the accusatory instrument filed,
  the disposition of the accusatory instrument filed, including,  but  not
  limited  to,  as  the  case may be, dismissal, acquittal, the offense to
  which the defendant pled guilty, the offense the defendant was convicted
  of after trial, and the sentence imposed. The division shall include the
  statistics and other information required by  this  subdivision  in  the
  annual  report  submitted  to  the  governor and legislature pursuant to
  subdivision twelve of this section.
    5. Conduct studies and analyses of the administration or operations of
  any criminal justice agency when requested by the head of  such  agency,
  and make the results thereof available for the benefit of such agency;
    5-a.  Undertake to furnish or make available to the district attorneys
  of the state such supportive services and technical  assistance  as  the
  commissioner  and  any one or more of the district attorneys shall agree
  are appropriate to promote the effective performance  of  his  or  their
  prosecutorial functions.
    6.   Establish,   through   electronic  data  processing  and  related
  procedures, a central data facility with a communication network serving
  qualified agencies anywhere in the state, so that they  may,  upon  such
  terms  and conditions as the commissioner, and the appropriate officials
  of such qualified agencies  shall  agree,  contribute  information  and,

except  as  provided  in  subdivision two of section 306.2 of the family
  court act, have access to information  contained  in  the  central  data
  facility,  which shall include but not be limited to such information as
  criminal  record,  personal  appearance data, fingerprints, photographs,
  and handwriting samples;
    6-a.  Upon  request,  provide  an  inmate  of  the  state   or   local
  correctional facility, at no charge, with a copy of all criminal history
  information  maintained  on  file  by  the  division  pertaining to such
  inmate.
    7. Receive, process  and  file  fingerprints,  photographs  and  other
  descriptive  data  for the purpose of establishing identity and previous
  criminal record;
    7-a. Receive, process and file orders granting a  change  of  name  to
  persons  convicted  of a felony subject to the provisions of subdivision
  two of section sixty-one of the civil rights law;
    8. Adopt appropriate measures to assure the security  and  privacy  of
  identification and information data;
    8-a.  Charge a fee when, pursuant to statute or the regulations of the
  division, it conducts a search  of  its  criminal  history  records  and
  returns   a  report  thereon  in  connection  with  an  application  for
  employment or for a license or permit. The division shall adopt and may,
  from time to time, amend a schedule of  such  fees  which  shall  be  in
  amounts  determined by the division to be reasonably related to the cost
  of conducting such searches and returning reports  thereon  but,  in  no
  event,  shall  any such fee exceed twenty-five dollars and an additional
  surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to
  deposit  such  fees  into  the general fund, provided, however, that the
  monies received by the division of criminal justice services for payment
  of the additional surcharge shall be deposited in equal amounts  to  the
  general  fund  and  to  the  fingerprint  identification  and technology
  account. Notwithstanding the foregoing, the division shall  not  request
  or  accept  any  fee  for searching its records and supplying a criminal
  history report pursuant  to  section  two  hundred  fifty-one-b  of  the
  general  business law relating to participating in flight instruction at
  any aeronautical  facility,  flight  school  or  institution  of  higher
  learning.
    8-b.  Notwithstanding  any  other  provision  of  law to the contrary,
  charge a fee for the provision of  agency  materials  and  publications,
  conferences,  criminal  history  record  reviews,  legal  services,  the
  provision of services to analyze or prepare data that is not prepared in
  the ordinary course of business,  the  provision  of  information  in  a
  computerized  format,  the  application  for  approval  and  renewal  of
  security guard  training  schools  and  the  certification  and  renewal
  certification  of  security guard instructors, the service and repair of
  municipal law enforcement agency equipment and collect reimbursement and
  other moneys. Such fees shall be reasonably related to the actual  costs
  incurred,  including  the costs of salaries, computer time, shipping and
  handling, as  appropriate.  The  comptroller  is  hereby  authorized  to
  deposit  such  fees into the general fund effective August thirty-first,
  nineteen hundred ninety-six.
    8-c. Notwithstanding the provisions of section one  hundred  three  of
  the general municipal law, section one hundred seventy-four of the state
  finance law and any other general, special or local law to the contrary,
  any  officer, board or agency of a political subdivision or state agency
  authorized to make purchases of materials, equipment  or  supplies,  may
  make  such  purchases  of statewide automated fingerprint identification
  system-related materials, equipment or supplies, through  the  agreement
  executed  between  the  division and North American Morpho Systems, Inc.

Notwithstanding any other law to the contrary,  the  division  shall  be
  authorized  to enter into voluntary cost-sharing arrangements with local
  criminal justice agencies for expanded facsimile services  and  criminal
  justice   information   access   through   the   criminal  justice  data
  communications network.
    9. Accept, agree to accept and contract as agent of  the  state,  with
  the  approval  of  the governor, any grant, including federal grants, or
  any gift for any of the purposes of this article;
    10. Accept, with the approval of the governor, as agent of the  state,
  any gift, grant, devise or bequest, whether conditional or unconditional
  (notwithstanding  the  provisions of section eleven of the state finance
  law), including federal grants, for any of the purposes of this article.
  Any monies so received may be expended by the division to effectuate any
  purpose of this article, subject to the same limitations as to  approval
  of   expenditures   and   audit  as  are  prescribed  for  state  monies
  appropriated for the purposes of this article;
    11.  Enter  into  contracts  with  any  person,   firm,   corporation,
  municipality, or governmental agency;
    12.  Make  an annual report to the governor and legislature concerning
  its work during the preceding year, and such further interim reports  to
  the  governor,  or  to  the  governor  and legislature, as it shall deem
  advisable, or as shall be required by the governor;
    13. Adopt, amend or rescind such  rules  and  regulations  as  may  be
  necessary  or convenient to the performance of the functions, powers and
  duties of the division;
    14. Do all other things necessary  or  convenient  to  carry  out  the
  functions, powers and duties expressly set forth in this article.
    15.  Promulgate,  in  consultation  with  the  superintendent of state
  police and the state office for the prevention of domestic  violence,  a
  standardized  "domestic  violence incident report form" for use by state
  and local law enforcement  agencies  in  the  reporting,  recording  and
  investigation  of all alleged incidents of domestic violence, regardless
  of whether an arrest is made as a result  of  such  investigation.  Such
  form  shall  be  prepared  in  multiple  parts,  one  of  which shall be
  immediately provided to the victim, and shall include designated  spaces
  for:  the  recordation  of  the  results of the investigation by the law
  enforcement agency and the basis for any action taken;  the  recordation
  of  a  victim's  allegations of domestic violence; the age and gender of
  the victim and  the  alleged  offender  or  offenders;  and  immediately
  thereunder a space on which the victim may sign and verify such victim's
  allegations.  Such form shall also include, but not be limited to spaces
  to identify:
    (a) what other services or agencies,  including  but  not  limited  to
  medical,  shelter,  advocacy  and  other supportive services are or have
  previously been involved with the victim; and
    (b) whether the victim has  been  provided  with  the  written  notice
  described  in  subdivision  five  of section eight hundred twelve of the
  family court act and subdivision six of section 530.11 of  the  criminal
  procedure law.
    16. Operate a toll-free twenty-four hour telephone number that members
  of  the  public may call to obtain information as to resources available
  to the public to assist in the location and recovery of missing persons.
  Such toll-free telephone line may be operated by the division as part of
  the toll-free telephone  line  established  pursuant  to  section  eight
  hundred   thirty-seven-f   of   this   article.  Furthermore,  all  such
  information relating to the locating and recovery of missing persons may
  be included on the division homepage  established  pursuant  to  section
  eight hundred forty-three of this article.

17. In consultation with the district attorneys, develop and operate a
  witness   protection   program.   Within   the   amounts   available  by
  appropriation,  such  program  shall  provide  assistance  to   district
  attorneys  in  protecting  witnesses and victims, including their family
  members,  who  may  suffer  physical  or emotional harm, intimidation or
  retaliatory violence as a result of the cooperation of  the  witness  or
  victim  with  law  enforcement, with a particular emphasis on vulnerable
  witnesses and victims, including witnesses to and  victims  of  domestic
  violence  and  sexual  exploitation and witnesses and victims testifying
  against violent or dangerous defendants. Such  assistance  may  include,
  but  not  be limited to, administrative measures to: (a) facilitate name
  changes and receipt of new identification documents  for  witnesses  and
  victims  in  appropriate  cases;  and  (b) provide a range of protective
  services, including, when necessary, relocating victims  and  witnesses,
  and their family members. The division may enter into contracts with any
  person,  firm, corporation, not-for-profit entity or governmental agency
  to provide administrative oversight and assistance in the  operation  of
  this  program,  may issue appropriate guidelines and may adopt, amend or
  rescind any rules and regulations as may be necessary or  convenient  to
  the  operation  of  the  program. These guidelines and regulations shall
  include  a  process  by  which  district   attorneys   may   apply   for
  reimbursement of the costs of providing witness protection services.
    18.  In  cooperation  with  any  public  or  private agency or entity,
  undertake to make and furnish an instructional  video  relating  to  how
  sexual  predators  lure  children.  The  video  shall  be  geared toward
  parental information and education. The division shall distribute a copy
  of the video to all public libraries and police departments  for  public
  use and viewing.