2012 New York Consolidated Laws
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) Developing and promoting senior center based prevention programs;
    (m) 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 thirteen
  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; and department of corrections and community supervision.
    (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.
    * NB Effective until April 23, 2013
    * 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 fifteen
  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
  the  director  of  the  office,  who  shall  chair  the council, and the
  following members or their designees: the commissioner of the office  of
  temporary  and disability assistance; the commissioner of the department
  of  health;  the  commissioner  of   the   education   department;   the
  commissioner  of  the  office  of mental health; the commissioner of the
  office of alcoholism and substance abuse services; the  commissioner  of
  the division of criminal justice services; the director of the office of
  probation  and correctional alternatives; the commissioner of the office
  of children and family services; the director of the  office  of  victim
  services;  the  chief  administrative  judge  of  the  office  of  court
  administration;  the  commissioner  of  the  department  of  labor;  the
  director  of  the  state  office  for the aging; the commissioner of the
  department of corrections and community supervision; the chief executive
  officer of the New York state coalition against domestic  violence;  and
  the  executive  director  of the New York state coalition against sexual
  assault.
    (c) The advisory council shall meet as often as  deemed  necessary  by
  the chair but in no event less than two times per year.
    (d)  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.
    * NB Effective April 23, 2013
    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.
    * NB Effective until April 23, 2013

    * 10.  Fatality review team. (a) There shall be established within the
  office  a  fatality  review  team  for  the  purpose  of  analyzing,  in
  conjunction  with  local  representation,  the domestic violence-related
  death or near death of individuals, with the goal of:
    (i)  examining  the  trends  and patterns of domestic violence-related
  fatalities in New York state;
    (ii) educating the public, service providers, and  policymakers  about
  domestic   violence  fatalities  and  strategies  for  intervention  and
  prevention; and
    (iii) recommending policies, practices, procedures,  and  services  to
  reduce fatalities due to domestic violence.
    (b)  A  domestic  violence-related  death or near death shall mean any
  death or near death caused by a family or household member as defined in
  section eight hundred twelve of the family court act or  section  530.11
  of  the  criminal procedure law, except that there shall be no review of
  the death or near death of a child for those cases in which  the  office
  of  children  and family services is required to issue a fatality report
  in accordance with subdivision five of  section  twenty  of  the  social
  services law.
    (c)  The  team  shall  review deaths or near deaths in cases that have
  been adjudicated and have received a final judgment  and  that  are  not
  under investigation.
    (d)  Members  of  a  domestic  violence  fatality review team shall be
  appointed by the executive director, in consultation with  the  advisory
  council,  and  shall  include, but not be limited to, one representative
  from the office of children and family services, the office of temporary
  and disability assistance, the division of  criminal  justice  services,
  the  state  police,  the  department  of  health,  the  office  of court
  administration, the office of probation and  correctional  alternatives,
  the  department  of  corrections and community supervision, at least one
  representative from local law enforcement, a county prosecutor's office,
  a local social services district, a  member  of  the  judiciary,  and  a
  domestic  violence  services  program approved by the office of children
  and family services. A domestic violence fatality review team  may  also
  include  representatives  from  sexual assault services programs, public
  health, mental health and substance abuse agencies,  hospitals,  clergy,
  local  school  districts, local divisions of probation, local offices of
  the department of corrections and community supervision, the  office  of
  the medical examiner or coroner, any local domestic violence task force,
  coordinating council or other interagency entity that meets regularly to
  support a coordinated community response to domestic violence, any other
  program  that  provides  services  to  domestic violence victims, or any
  other person necessary to the work of the team, including  survivors  of
  domestic violence.
    (e)  The  team  shall  identify potential cases and shall select which
  deaths or near deaths will be reviewed each year. Localities may request
  that the team conduct a review of a particular death or near death.
    (f) The team shall work with officials and  organizations  within  the
  community where the death or near death occurred to conduct each review.
    (g)  Team members shall serve without compensation but are entitled to
  be reimbursed for travel expenses to the  localities  where  a  fatality
  review will be conducted and members who are full-time salaried officers
  or  employees  of the state or of any political subdivision of the state
  are entitled to their regular compensation.
    (h) To the extent consistent with federal law, upon request  the  team
  shall  be provided client-identifiable information and records necessary
  for the investigation of a domestic violence-related death or near death
  incident, including, but not limited to:

    (i) records maintained by a local social services district;
    (ii)  law  enforcement  records,  except  where  the provision of such
  records would interfere with an ongoing law enforcement investigation or
  identify a confidential source or endanger the safety or welfare  of  an
  individual;
    (iii) court records;
    (iv) probation and parole records;
    (v)  records  from  domestic  violence  residential or non-residential
  programs;
    (vi)  records  from  any  relevant  service   provider,   program   or
  organization; and
    (vii)  all other relevant records in the possession of state and local
  officials or agencies provided, however, no official or agency shall  be
  required  to provide information or records concerning a person charged,
  investigated or convicted in such death or near death  in  violation  of
  such person's attorney-client privilege.
    (i)  Any  information or records otherwise confidential and privileged
  in accordance with state law which are provided to the team shall remain
  confidential  as  otherwise  provided  by  law.  All  records  received,
  meetings  conducted,  reports  and  records  made and maintained and all
  books and papers obtained by the team shall be  confidential  and  shall
  not  be open or made available, except by court order or as set forth in
  paragraphs (k) and (l) of this subdivision.
    (j) Any person who releases or permits the release of any  information
  protected under paragraph (i) of this subdivision to persons or agencies
  not  authorized to receive such information shall be guilty of a class A
  misdemeanor.
    (k) Team members and persons who present information to the team shall
  not be questioned in any civil  or  criminal  proceeding  regarding  any
  opinions  formed  as  a result of a meeting of the team. Nothing in this
  section shall be construed to prevent a person  from  testifying  as  to
  information  which  is obtained independently of the team or information
  which is public.
    (l) Team members are not liable for damages or  other  relief  in  any
  action brought by reason of the reasonable and good faith performance of
  a duty, function, or activity of the team.
    (m) Consistent with all federal and state confidentiality protections,
  the  team  may  provide  recommendations to any individual or entity for
  appropriate actions  to  improve  a  community's  response  to  domestic
  violence.
    (n)  The  team  shall  periodically  submit a cumulative report to the
  governor and the legislature incorporating  the  aggregate  data  and  a
  summary  of  the general findings and recommendations resulting from the
  domestic  violence  fatality  reviews   completed   pursuant   to   this
  subdivision. The cumulative report shall thereafter be made available to
  the   public,   consistent   with   federal  and  state  confidentiality
  protections.
    * NB Effective April 23, 2013