Bill Text: NY A04571 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "Community Violence Intervention and Prevention Act"; provides findings for evidence-based and evidence-informed health programs from hospital-based and community-based programs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to health [A04571 Detail]
Download: New_York-2023-A04571-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4571 2023-2024 Regular Sessions IN ASSEMBLY February 17, 2023 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Health AN ACT to amend the executive law and the state finance law, in relation to enacting the "community violence intervention and prevention act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "community violence intervention and prevention act". 3 § 2. The executive law is amended by adding a new article 22-A to read 4 as follows: 5 ARTICLE 22-A 6 COMMUNITY VIOLENCE INTERVENTION AND PREVENTION ACT 7 Section 637-a. Legislative findings. 8 637-b. Definitions. 9 637-c. Community violence intervention and prevention grants. 10 § 637-a. Legislative findings. The legislature hereby finds and 11 declares that gun violence and other forms of violence constitute a 12 crisis that poses a serious threat to the health and quality of life of 13 all residents of the state of New York. An epidemic of violence is tear- 14 ing at the fabric of life in many urban areas. The legislature further 15 finds that funds from the Victims of Crime Act should be used to support 16 hospital based violence intervention programs and community based 17 violence intervention programs. 18 § 637-b. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings: 20 1. "Evidence-based health program" means a program or an initiative 21 that: 22 (a) is developed and evaluated through scientific research and data 23 collection; 24 (b) uses public health principles that demonstrate measurable positive 25 outcomes in preventing gun violence; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07713-01-3A. 4571 2 1 (c) is implemented by a nonprofit organization or public agency. 2 2. "Evidence-informed health program" means a program, an approach, or 3 an initiative that is: 4 (a) based on public health principles; 5 (b) capable of being studied and evaluated through research and data 6 collection; 7 (c) for the purpose of reducing gun violence; 8 (d) directed to influence factors determined to affect gun violence; 9 and 10 (e) implemented by a nonprofit organization or public agency. 11 3. "Hospital-based violence intervention program" means a violence 12 intervention program that: 13 (a) is operated by: 14 (i) a hospital; or 15 (ii) an individual or entity in collaboration with a hospital; and 16 (b) provides intensive counseling, case management, and social 17 services to individuals who are recovering from injuries resulting from 18 violence or who were witnesses to acts of violence. 19 4. "Community-based violence intervention program" means a violence 20 intervention program that is operated by: 21 (a) a nonprofit organization; and 22 (b) provides intensive counseling, case management, and social 23 services to individuals who are recovering from injuries resulting from 24 violence or who were witnesses to acts of violence. 25 5. "Director" shall mean the head of the office of victim services as 26 set forth by section six hundred twenty-two of this chapter. 27 6. "Crime" shall mean: 28 (a) an act committed in New York state which would, if committed by a 29 mentally competent criminally responsible adult, who has no legal 30 exemption or defense, constitute a crime as defined in and proscribed by 31 law; or 32 (b) an act committed outside the state of New York against a resident 33 of the state of New York which would be compensable had it occurred 34 within the state of New York and which occurred in a state which does 35 not have an eligible crime victim compensation program as such term is 36 defined in the federal Victims of Crime Act of 1984; or 37 (c) an act of terrorism, as defined in section 2331 of title 18, 38 United States Code, committed outside of the United States against a 39 resident of New York state. 40 7. "Elderly victim" shall mean a person sixty years of age or older 41 who suffers loss or damage as a direct result of a crime. 42 § 637-c. Community violence intervention and prevention grants. 1. 43 The office of victim services shall promulgate regulations relating to 44 community violence intervention and prevention grants for hospital-based 45 violence intervention programs and community-based violence intervention 46 programs, which shall be funded from the community violence intervention 47 and prevention fund established by section ninety-seven-bbbbb of the 48 state finance law. 49 (a) These regulations shall be designed to promote: 50 (i) alternative funding sources other than the state, including local 51 government and private sources as well as funding from the federal 52 Victims of Crime Act of 1984; 53 (ii) coordination of public and private efforts to aid individuals who 54 are recovering from injuries resulting from violence or who were 55 witnesses to acts of violence; andA. 4571 3 1 (iii) long range development of services to victims of violent crimes 2 in the community, to perpetrators of violent crimes and to witnesses of 3 violent crimes involved in criminal prosecutions. 4 (b) These regulations shall also provide for: 5 (i) clearly defined and measurable objectives; 6 (ii) evidence that the proposed evidence-based health programs or 7 evidence-informed health programs would likely reduce gun violence; 8 (iii) a description of how the local government or nonprofit organiza- 9 tion proposes to use the funding to reduce rates of gun violence by: 10 (A) establishing or enhancing evidence-based health programs or 11 evidence-informed health programs; 12 (B) enhancing coordination of existing violence intervention and 13 prevention programs, if any, to minimize duplication of services; and 14 (C) a plan for the collection of relevant data; and 15 (iv) outreach to the community and education and training of law 16 enforcement and other criminal justice officials to the needs of victims 17 of violent crimes in the community, to perpetrators of violent crimes 18 and to witnesses of violent crimes involved in criminal prosecutions. 19 § 3. The state finance law is amended by adding a new section 97-bbbbb 20 to read as follows: 21 § 97-bbbbb. Community violence intervention and prevention fund. 1. 22 There is hereby established in the joint custody of the state comp- 23 troller and the commissioner of taxation and finance a fund to be known 24 as the "community violence intervention and prevention fund". 25 2. The community violence intervention and prevention fund shall 26 consist of at least ten million dollars or ten percent of all monies 27 received under the federal Victims of Crime Act of 1984, whichever is 28 greater; and all monies appropriated, credited, or transferred thereto 29 from any other fund or source pursuant to law. 30 3. Monies of the community violence intervention and prevention fund, 31 following appropriation by the legislature shall be expended only: 32 (a) pursuant to article twenty-two-A of the executive law; 33 (b) to support effective violence reduction strategies by providing 34 grants to local governments and nonprofit organizations to fund 35 evidence-based health programs or evidence-informed health programs; and 36 (c) for the evaluation of the efficacy of evidence-based health 37 programs or evidence-informed health programs awarded grants through the 38 fund. 39 4. Monies shall be payable from the fund on the audit and warrant of 40 the comptroller on vouchers approved and certified by the commissioner 41 of taxation and finance. 42 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 43 sion, section or part of this act shall be adjudged by any court of 44 competent jurisdiction to be invalid, such judgment shall not affect, 45 impair, or invalidate the remainder thereof, but shall be confined in 46 its operation to the clause, sentence, paragraph, subdivision, section 47 or part thereof directly involved in the controversy in which such judg- 48 ment shall have been rendered. It is hereby declared to be the intent of 49 the legislature that this act would have been enacted even if such 50 invalid provisions had not been included herein. 51 § 5. This act shall take effect immediately.
