2012 New York Consolidated Laws
EXC - Executive
Article 21 - (575 - 576) NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE
576 - Batterers project.

 
    § 576. Batterers project. 1. Definitions. As used in this section:
    (a)  "Batterers  program"  means a program approved as provided herein
  which is operated by a public or  not-for-profit  organization  for  the
  purpose of providing battering prevention and educational services whose
  goal  is  to  help  clients  end  abusive  behaviors. Components of such
  programs shall include but not be limited to: an educational instruction
  and  group  discussion  model  to  provide  information  about  domestic
  violence   including  the  illegality  of  domestic  violence,  and  the
  responsibility for and the alternative choices to  abusive  behavior;  a
  long  term  group  whose goal is to help end the violent behavior of its
  participants; and formal and established linkages to the local  criminal
  justice system and to area domestic violence programs.
    (b)  "Client"  means  a  person  referred to a batterers program by an
  order of the family, criminal or supreme court, by  a  state,  local  or
  private agency, or a person who is self-referred, and who is accepted by
  the batterers program.
    (c)  "Domestic violence program" means residential programs defined in
  subdivision four of section four  hundred  fifty-nine-a  of  the  social
  services law.
    (d)  "Domestic violence" means acts as referred to in and qualified by
  section four hundred fifty-nine-a of the social services law.
    (e) "Office" means the New York state office  for  the  prevention  of
  domestic violence established by this article.
    2.  Establishment of batterers programs; authorization. (a) The office
  is hereby authorized to contract, from  amounts  appropriated  therefor,
  for  the  provision of not less than five batterers programs in counties
  as provided herein. No single contract for such a program  shall  exceed
  the sum of fifty thousand dollars per annum.
    (b)  In approving contracts pursuant to this section, the office shall
  seek to establish a meaningful balance between rural, urban and suburban
  counties.
    (c) The office  shall  not  approve  contracts  for  establishment  of
  programs in counties that have no access to domestic violence programs.
    (d)  In  implementing  the  project  authorized by this section and in
  carrying out its responsibilities hereunder  the  office  shall  consult
  with such other persons and organizations with expertise in the field of
  domestic  violence  as  may  be  necessary  or appropriate to assure the
  success of the project.
    3.  Establishment  of  batterers  programs;  eligibility.   Prior   to
  approving contracts authorized by this section, the office shall solicit
  applications  from  public  or  not-for-profit organizations which shall
  address the following:
    (a) A description of the components of the proposed program, including
  but not limited to:
    (i) the population to be served;
    (ii) the program objectives;
    (iii) the implementation  plan  for  the  prevention  and  educational
  services to be provided, including the educational instruction and group
  discussion model and the long term group;
    (iv)  the  reporting procedures designed to advise the referring court
  or agency of the client's attendance and participation in the program;
    (v) the proposed annual budget of the program, including, in the  case
  of  any  already  established  program, an assurance that funds received
  pursuant to this act will not serve to substitute for  any  other  funds
  ordinarily  and  customarily  received  by  such  organization  for  the
  provision of the program;
    (vi) the formal and established or proposed linkages to area  domestic
  violence  programs  and  to the local criminal justice system, including

  the judiciary,  probation  and  police  departments,  and  the  district
  attorney;
    (vii)  the  existing  or proposed community education component of the
  program;
    (viii) any other services proposed to be provided; and
    (ix) any other information deemed necessary by the office.
    (b) Assurance of planning,  cooperation  and  coordination  with,  and
  support  by, the domestic violence program, the criminal justice system,
  and other appropriate officials and services.
    (c) Assurance that the program will not provide couple  counseling  or
  mediation, as such terms shall be defined by the office.
    (d)   Assurance   that  the  batterers  program  shall  have  policies
  regarding:
    (i) referrals for whom batterers programs are not appropriate;
    (ii) suicide and homicide threats by clients; and
    (iii) confidentiality, in accordance with standards promulgated by the
  office.
    (e) Assurance that the  batterers  program  will  participate  in  the
  designated  training  program  and  evaluation process to be provided as
  required herein by the office.
    4. Establishment of batterers programs;  approval.  In  approving  any
  program  for  inclusion  in  the project authorized by this section, the
  office shall consider the following:
    (a) Whether in the county in which the proposed batterers  program  is
  to  operate  there  exists  or can be established a coordinated criminal
  justice response to domestic violence,  including  the  development  and
  coordination  of judicial, law enforcement, probation, and prosecutorial
  policies;
    (b) Whether the establishment of a batterers program has  the  support
  of  the judiciary, which shall be provided or assured in such manner and
  form as is acceptable to the office;
    (c) Whether the organization proposing to contract for such  batterers
  program has the capacity to plan for and operate such program;
    (d)  Whether the organization proposing to contract for such batterers
  program has the ability and intention to  work  cooperatively  with  the
  office  in  operating  and evaluating the effectiveness of such program;
  and
    (e) Such other factors as may be deemed necessary  or  appropriate  by
  the office to implement the provisions of this section.
    5.  Training  and  technical  assistance.  (a)  The  office  shall, in
  conjunction with the office of probation and correctional  alternatives,
  provide  or  arrange to be provided technical assistance and training as
  requested or necessary to programs approved  pursuant  to  this  act  to
  develop  appropriate services and train staff, improve coordination with
  the domestic violence program, other appropriate support  services,  the
  criminal  justice  system,  including  the  judiciary,  the  police, the
  district attorney, and other appropriate officials and services.
    (b) The office shall, in conjunction with the office of probation  and
  correctional alternatives, provide any requested or necessary assistance
  to  local departments of probation to assist in the development of local
  plans, policies and procedures  for  case  referral,  coordination,  and
  monitoring of clients with appropriate agencies and persons.
    6.  Evaluation and reports. (a) The office shall evaluate the project.
  In implementing its responsibilities under this subdivision  the  office
  shall  consult  with such other persons and organizations with expertise
  in the field of domestic violence as may be necessary or appropriate  to
  assure  the  success  of  the  evaluation.  The evaluation shall measure
  program operation and effectiveness.

    (i) The evaluation  of  program  implementation  and  operation  shall
  examine the following factors:
    (A) pertinent and appropriate factors concerning clients including but
  not  limited  to  age,  education,  income,  employment  status, marital
  status, number of children and their ages, alcohol or substance use, and
  personal history of family violence;
    (B) the total number of clients referred to the program, identified by
  referral source;
    (C) the total number of persons determined  to  be  inappropriate  for
  services, and the reasons therefor;
    (D)  the  number  of  clients  enrolled  in  the  program,  the number
  completing the program, the number failing to complete and  the  reasons
  therefor;
    (E) the number of classes or group meetings; and
    (F)   such  other  factors  as  the  office  may  deem  necessary  and
  appropriate.
    (ii) The evaluation of  program  outcome  shall  include  but  not  be
  limited to: (A) unofficial, self-reported incidence of domestic violence
  prior  to  referral  to  the  program, during program participation, and
  following program completion at time intervals deemed appropriate during
  the evaluation process; and (B) such other factors as  shall  be  deemed
  significant in measuring outcome.
    (b)  The  office  shall  develop  standardized  data collection tools,
  procedures for data collection and guidelines for confidentiality of the
  information collected for the evaluation specified in paragraph  (a)  of
  this  subdivision.  The  office  shall  consult  with  and  consider the
  comments of such other persons and organizations with expertise  in  the
  field   of   domestic  violence  as  may  be  necessary  to  assure  the
  appropriateness of such tools, procedures, and guidelines.
    (c) The office shall prepare and submit to the governor, the temporary
  president of the senate and the speaker of the assembly not  later  than
  May  fifteenth,  nineteen hundred ninety-three, a final report regarding
  the implementation, operation and evaluation of the project. Such report
  shall include data on each of the factors specified in paragraph (a)  of
  this  subdivision,  and any recommendations for change or improvement of
  the project. In making  and  preparing  such  report  the  office  shall
  consult  with  and  consider  the  comments  of  such  other persons and
  organizations with expertise in the field of domestic violence as may be
  necessary or appropriate to assure the completeness of the report.
    (d) In addition, the final report required by paragraph  (c)  of  this
  subdivision  shall  include an evaluation analyzing the effectiveness of
  the programs comprising the project and  shall  include  recommendations
  regarding the continuation of the programs, based on such evaluation.