New York Laws
Article 35 - Division of Criminal Justice Services
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.

Structure New York Laws