State Codes and Statutes

Statutes > New-york > Exc > Article-35 > 840

§ 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  companionanimals,  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  stateoffice  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.

State Codes and Statutes

Statutes > New-york > Exc > Article-35 > 840

§ 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  companionanimals,  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  stateoffice  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-35 > 840

§ 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  companionanimals,  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  stateoffice  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.