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

§ 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.
    (k) Development, maintenance and dissemination of written policies and
  procedures pursuant to article twenty-six of the agriculture and markets
  law, section 352.3 of the family court act as it  applies  to  companion

animals,  and  applicable  provisions  of  the  penal law, regarding the
  investigation and prevention of any act of cruelty to animals.
    (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.
    (m)  Establishment  and  implementation  on  an  ongoing  basis,  of a
  training program for all current  and  new  police  officers  and  peace
  officers  regarding  the policies and procedures established pursuant to
  paragraph (k) of this subdivision.
    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.
    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.

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