Bill Text: NY S03955 | 2019-2020 | General Assembly | Introduced

Bill Title: Establishes the domestic violence accountability program; requires mandatory domestic violence counseling.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced) 2019-02-21 - REFERRED TO SOCIAL SERVICES [S03955 Detail]

Download: New_York-2019-S03955-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
        Introduced   by  Sens.  RANZENHOFER,  FUNKE,  GRIFFO,  HELMING,  ROBACH,
          SEPULVEDA, SEWARD -- read twice and ordered printed, and when  printed
          to be committed to the Committee on Social Services
        AN ACT to amend the social services law, in relation to establishing the
          domestic  violence accountability program; and to amend the penal law,
          in relation to mandatory domestic violence counseling
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The social services law is amended by adding a new section
     2  459-i to read as follows:
     3    § 459-i. Domestic violence accountability program. 1. There is  hereby
     4  established a domestic violence accountability program within the office
     5  for  the  prevention of domestic violence. The executive director of the
     6  office for the prevention of domestic  violence,  in  consultation  with
     7  providers  of  domestic violence programs and domestic violence account-
     8  ability programs and such other professionals as  he  or  she  may  deem
     9  appropriate  shall establish, by regulation, the instructional and reha-
    10  bilitative aspects of the program. Such  program  shall  consist  of  at
    11  least  twenty-six  and  up  to fifty-two sessions of one hour to one and
    12  one-half hours each and include, but need not be limited  to,  classroom
    13  instruction in areas deemed suitable by the executive director.
    14    2. The form, content and method of presentation of the various aspects
    15  of  such  program shall be established by the executive director. In the
    16  development of the form, curriculum and content  of  such  program,  the
    17  executive  director  may consult with the office of the attorney general
    18  and any other state department or agency and request and receive assist-
    19  ance from them. The executive director is  also  authorized  to  develop
    20  more than one curriculum and course content for such program in order to
    21  meet the varying needs of the participants.
    22    3. A course in such program shall be available in at least every coun-
    23  ty  in  the  state,  except where the executive director determines that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3955                             2
     1  there is not a sufficient number of  domestic  violence  offenses  in  a
     2  county  to mandate the establishment of said course, and that provisions
     3  be made for the residents of said county to attend a course  in  another
     4  county where a course exists.
     5    4.  Participation  in  the program shall be required for those persons
     6  convicted of domestic abuse offenses or persons who  have  been  adjudi-
     7  cated  youthful  offenders  for  domestic abuse offenses who satisfy the
     8  criteria and meet the requirements for participation as  established  by
     9  this  section  and the regulations promulgated thereunder. The executive
    10  director may exercise discretion, to  reject  any  person  from  partic-
    11  ipation  referred  to such program and nothing contained in this section
    12  shall be construed as creating a right to be included in any  course  or
    13  program established under this section.
    14    5. The executive director shall establish a list of approved providers
    15  and a schedule of fees to be paid by or on behalf of each participant in
    16  the  program,  and may, from time to time, modify same.  Such fees shall
    17  defray the ongoing expenses of  the  program.  Provided,  however,  that
    18  pursuant to an agreement with the department a municipality, department,
    19  or other agency may conduct a course in such program with all or part of
    20  the expense of such course and program being borne by such municipality,
    21  department  or  agency. In no event shall such fee be refundable, either
    22  for reasons of the  participant's  withdrawal  or  expulsion  from  such
    23  program or otherwise.
    24    § 2. The penal law is amended by adding a new section 60.38 to read as
    25  follows:
    26  § 60.38 Mandatory domestic violence counseling.
    27    Any  defendant  convicted  of any of the following offenses, where the
    28  defendant and the person against whom the  offense  was  committed  were
    29  members of the same family or household as defined in subdivision one of
    30  section 530.11 of the criminal procedure law and as established pursuant
    31  to  section  370.15  of  the  criminal procedure law; any offense listed
    32  under title H, title I or title O of part 3 of this chapter; or  attempt
    33  to  commit any of the offenses under title H, title I or title O of part
    34  3 of this chapter, shall be required to enroll and complete  a  domestic
    35  violence accountability program as a condition of conditional discharge,
    36  probation or parole.
    37    § 3. This act shall take effect on the one hundred eightieth day after
    38  it  shall have become a law. Effective immediately, the addition, amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation of this act on its effective date are authorized to be  made  and
    41  completed on or before such effective date.