N.Y. Executive Law § 837-a: Additional functions, powers and duties of the division

§ 837-a. Additional functions, powers and duties of the division. In

addition to the functions, powers and duties otherwise provided by this

article, the division shall:

1. Collect and analyze statistical and other information and data with

respect to the number of persons charged with the commission of a

felony, including, but not limited to, the felony provisions of articles

twenty-seven, thirty-seven and forty, and titles twenty-seven and

thirty-seven of article seventy-one of the environmental conservation

law, article four of the insurance law, sections 176.15, 176.20, 176.25

and 176.30 of the penal law relative to insurance fraud, as such term is

defined in section 176.05 of such law, by indictment or the filing of a

superior court information, the felony with which the person was charged

therein, the county within which the indictment or superior court

information was filed, the disposition thereof including, but not

limited to, as the case may be, dismissal, acquittal, the offense to

which the defendant pleaded guilty, the offense the defendant was

convicted of after trial, and the sentence.

2. Present to the governor, temporary president of the senate,

minority leader of the senate, speaker of the assembly and the minority

leader of the assembly a quarterly report containing the statistics and

other information required by subdivision one hereof. The initial report

required by this paragraph shall be for the period beginning September

first, nineteen hundred seventy-three and ending December thirty-first,

nineteen hundred seventy-three and shall be presented no later than

January fifteen, nineteen hundred seventy-four. Thereafter, each

quarterly report shall be presented no later than thirty days after the

close of each quarter.

3. Present to the governor, temporary president of the senate,

minority leader of the senate, speaker of the assembly, and the minority

leader of the assembly a semi-annual report analyzing the processing and

disposition of cases covered by the provisions of a chapter of the laws

of nineteen hundred seventy-eight relating to the imposition of

mandatory sentences of imprisonment and plea bargaining restrictions

upon violent felony offenders, second violent felony offenders and

persistent violent felony offenders. The report shall assess the effect

of such law on the ability of the criminal justice system to deal with

violent crime, and its impact on the resources of the criminal justice

system, and shall make recommendations for any changes in such law which

may be necessary to accomplish its objectives. The initial report

required by this subdivision shall be for the period beginning September

first, nineteen hundred seventy-eight and ending February twenty-eight,

nineteen hundred seventy-nine and shall be presented no later than April

first, nineteen hundred seventy-nine. Thereafter, each semi-annual

report shall be presented no later than thirty days after the close of

the six-month period.

4. Collect, analyze and maintain all reports, statements and

transcripts forwarded to the division concerning the reasons for

imposition of a sentence other than an indeterminate sentence of

imprisonment upon an armed felony offender as defined in subdivision

forty-one of section 1.20 of the criminal procedure law; the reasons for

the removal of an action involving a juvenile offender, as defined in

subdivision forty-two of section 1.20 of the criminal procedure law, to

the family court; and the reasons for a finding that a youth who has

been convicted of an armed felony offense is to be treated as a youthful

offender. Such reports, statements and transcripts shall be made

available for public inspection except that in the case of a juvenile

offender or a youthful offender, those portions which identify the

offender shall be deleted. The commissioner may promulgate such rules

and regulations with respect to the form of such reports, statements and

transcripts.

5. Make certain that such statistical information relating to the

commission of offenses in violation of article twenty-seven,

thirty-seven or forty, or title twenty-seven or thirty-seven of article

seventy-one of the environmental conservation law, article four of the

insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal

law relative to insurance fraud, as such term is defined in section

176.05 of such law, is included and becomes a part of any and all

published statistical studies on the occurrence of crime in this state

or crime dispositions by the courts of this state or incarcerations in

the correctional facilities of this state.

6. Present to the governor, temporary president of the senate,

minority leader of the senate, speaker of the assembly and the minority

leader of the assembly an annual report analyzing the disposal of

property forfeited pursuant to the provisions of article thirteen-A of

the civil practice law and rules and article four hundred eighty of the

penal law. The initial report required by this subdivision shall be for

the period beginning November first, nineteen hundred ninety and ending

May thirty-first, nineteen hundred ninety-one and shall be presented no

later than July first, nineteen hundred ninety-one. Thereafter, each

annual report shall be presented no later than February first. The

commissioner may promulgate rules and regulations with respect to the

form of such report.

7. Contract with an organization having substantial knowledge and

experience in the prosecution of serious criminal matters for the

development and provision of continuing legal education, training,

advice and assistance for prosecutors in the prosecution of capital

cases and hate crimes.

8. Present to the governor, temporary president of the senate,

minority leader of the senate, speaker of the assembly and the minority

leader of the assembly an annual report about the function and

effectiveness of the Gun Involved Violence Elimination (GIVE) program.

Such report shall include, but not be limited to, crime data obtained,

analyzed and used by each Gun Involved Violence Elimination (GIVE)

partnership in participating counties and affected municipalities

including the number of arrests made by law enforcement as a direct

result of the Gun Involved Violence Elimination (GIVE) program including

any available demographic information about the persons arrested and

prosecuted and the disposition of such matters, and any other

information related to the program's effectiveness in reducing crime.

Such report shall also include information about crime reduction

strategies developed by Gun Involved Violence Elimination (GIVE)

partnerships, the number of state police and department of corrections

and community supervision personnel participating in Gun Involved

Violence Elimination (GIVE) activities, and a description of training

supplied to local Gun Involved Violence Elimination (GIVE) participants.

The initial report required by this paragraph shall be presented by

December thirty-first, two thousand six. Thereafter, an annual report

shall be presented no later than December thirty-first of each year.

9. In consultation with the state commission of correction and the

municipal police training council, establish and maintain basic and

other correctional training programs for such personnel employed by

correctional facilities as the commissioner shall deem necessary. Such

basic correctional training program shall be satisfactorily completed by

such personnel prior to their undertaking their duties or within one

year following the date of their appointment or at such times as the

commissioner may prescribe. Provided, however, the commissioner may,

after consultation with the state commission of correction, exempt from

such requirement personnel employed by any correctional facility which,

in the opinion of the commissioner, maintains a basic correctional

training program of a standard equal to or higher than that established

and maintained by the division; or revoke in whole or in part such

exemption, if in his or her opinion the standards of the basic

correctional training program maintained by such facility are lower than

those established pursuant to this article.