Bill Text: NY S07018 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a domestic violence fatality review team; adds members to the advisory council on domestic violence.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-05-22 - REPORTED AND COMMITTED TO FINANCE [S07018 Detail]
Download: New_York-2011-S07018-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7018 I N S E N A T E April 23, 2012 ___________ Introduced by Sens. SALAND, SAVINO -- (at request of the Office for Prevention of Domestic Violence) -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the executive law, in relation to establishing a domes- tic violence fatality review team, adding members to the advisory council, and repealing agency mandates that have been completed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 4 of section 575 of the executive law, as added 2 by chapter 463 of the laws of 1992, paragraph (b) as amended by section 3 99 of subpart B of part C of chapter 62 of the laws of 2011, paragraphs 4 (c), (d), and (e) as amended by chapter 396 of the laws of 1994, is 5 amended to read as follows: 6 4. Advisory council. (a) An advisory council is hereby established to 7 make recommendations on domestic violence related issues and effective 8 strategies for the prevention of domestic violence, to assist in the 9 development of appropriate policies and priorities for effective inter- 10 vention, public education and advocacy, and to facilitate and assure 11 communication and coordination of efforts among state agencies and 12 between different levels of government, state, federal, and municipal, 13 for the prevention of domestic violence. 14 (b) The advisory council shall consist of nine members and [thirteen] 15 FIFTEEN ex-officio members. Each member shall be appointed to serve for 16 a term of three years and shall continue in office until a successor 17 appointed member is made. A member appointed to fill a vacancy shall be 18 appointed for the unexpired term of the member he or she is to succeed. 19 All of the members shall be individuals with expertise in the area of 20 domestic violence. Three members shall be appointed by the governor, two 21 members shall be appointed upon the recommendation of the temporary 22 president of the senate, two members shall be appointed upon the recom- 23 mendation of the speaker of the assembly, one member shall be appointed 24 upon the recommendation of the minority leader of the senate, and one 25 member shall be appointed upon the recommendation of the minority leader 26 of the assembly. The ex-officio members of the advisory board shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14470-01-2 S. 7018 2 1 consist of [one representative from the staff of each of the following 2 state departments and divisions:] THE DIRECTOR OF THE OFFICE, WHO SHALL 3 CHAIR THE COUNCIL, AND THE FOLLOWING MEMBERS OR THEIR DESIGNEES: THE 4 COMMISSIONER OF THE office of temporary and disability [services] 5 ASSISTANCE; THE COMMISSIONER OF THE department of health; THE COMMIS- 6 SIONER OF THE education department; THE COMMISSIONER OF THE office of 7 mental health; THE COMMISSIONER OF THE office of alcoholism and 8 substance abuse services; THE COMMISSIONER OF THE division of criminal 9 justice services; THE DIRECTOR OF THE office of probation and correc- 10 tional alternatives; THE COMMISSIONER OF THE office of children and 11 family services; THE DIRECTOR OF THE office of victim services; THE 12 CHIEF ADMINISTRATIVE JUDGE OF THE office of court administration; THE 13 COMMISSIONER OF THE department of labor; THE DIRECTOR OF THE state 14 office for the aging; [and] THE COMMISSIONER OF THE department of 15 corrections and community supervision; THE CHIEF EXECUTIVE OFFICER OF 16 THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE; AND THE EXECU- 17 TIVE DIRECTOR OF THE NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT. 18 (c) [The governor shall appoint a member as chair of the advisory 19 council to serve at the pleasure of the governor. 20 (d)] The advisory council shall meet as often as deemed necessary by 21 the chair [or executive director] but in no event less than two times 22 per year. 23 [(e)] (D) The members of the advisory council shall receive no salary 24 or other compensation for their services but shall be entitled to 25 reimbursement for actual and necessary expenses incurred in the perform- 26 ance of their duties within amounts made available by appropriation 27 therefor subject to the approval of the director of the budget. The 28 ex-officio members of the advisory council shall receive no additional 29 compensation for their services on the advisory council above the salary 30 they receive from the respective departments or divisions that employ 31 them. 32 S 2. Subdivision 7 of section 575 of the executive law is REPEALED. 33 S 3. Subdivision 8 of section 575 of the executive law, as added by 34 chapter 396 of the laws of 1994, is renumbered subdivision 7 and amended 35 to read as follows: 36 7. [State domestic violence policy. (a) The office shall survey every 37 state agency to determine any activities, programs, rules, regulations, 38 guidelines or statutory requirements that have a direct or indirect 39 bearing on the state's efforts and abilities to address the issue of 40 domestic violence including, but not limited to, the provision of 41 services to victims and their families. Within two years of the effec- 42 tive date of this subdivision, the office shall compile such information 43 and provide a report, with appropriate comments and recommendations, to 44 the governor and the legislature. For the purposes of this subdivision, 45 "state agency" shall have the same meaning as such term is defined in 46 section two-a of the state finance law. 47 (b) Within three years of the effective date of this subdivision the 48 office shall recommend a state domestic violence policy consistent with 49 statute and best practice, policies, procedures and protocols to the 50 governor and the legislature. The purpose of such model policy shall be 51 to provide consistency and coordination by and between state agencies 52 and departments to address the issue of domestic violence. In developing 53 such model policy, the office shall consult with a statewide advocacy 54 organization for the prevention of domestic violence, and shall assure 55 that the advisory council reviews all data and recommendations and shall 56 not submit such model policy until approved by the advisory council. S. 7018 3 1 Such recommendations shall be provided exclusive of any study or report 2 the office is required to undertake pursuant to a chapter of the laws of 3 nineteen hundred ninety-four, entitled "the family protection and domes- 4 tic violence intervention act of 1994". 5 (c)] No state agency shall promulgate a rule pursuant to the state 6 administrative procedure act, or adopt a guideline or other procedure, 7 including a request for proposals, directly or indirectly affecting the 8 provision of services to victims of domestic violence, or the provision 9 of services by residential or non-residential domestic violence 10 programs, as such terms are defined in section four hundred fifty-nine-a 11 of the social services law, or establish a grant program directly or 12 indirectly affecting such victims of domestic violence or providers of 13 service, without first consulting the office, which shall provide all 14 comments in response to such rules, guidelines or procedures in writing 15 directly to the chief executive officer of such agency, to the adminis- 16 trative regulations review committee and to the appropriate committees 17 of the legislature having jurisdiction of the subject matter addressed 18 within two weeks of receipt thereof, provided that failure of the office 19 to respond as required herein shall not otherwise impair the ability of 20 such state agency to promulgate a rule. This paragraph shall not apply 21 to an appropriation which finances a contract with a not-for-profit 22 organization which has been identified for a state agency without the 23 use of a request for proposals. 24 S 4. Section 575 of the executive law is amended by adding a new 25 subdivision 8 to read as follows: 26 8. FATALITY REVIEW TEAM. (A) THERE SHALL BE ESTABLISHED WITHIN THE 27 OFFICE A FATALITY REVIEW TEAM FOR THE PURPOSE OF ANALYZING, IN CONJUNC- 28 TION WITH LOCAL REPRESENTATION, THE DOMESTIC VIOLENCE-RELATED DEATH OR 29 NEAR DEATH OF INDIVIDUALS, WITH THE GOAL OF: 30 (I) EXAMINING THE TRENDS AND PATTERNS OF DOMESTIC VIOLENCE-RELATED 31 FATALITIES IN NEW YORK STATE; 32 (II) EDUCATING THE PUBLIC, SERVICE PROVIDERS, AND POLICYMAKERS ABOUT 33 DOMESTIC VIOLENCE FATALITIES AND STRATEGIES FOR INTERVENTION AND 34 PREVENTION; AND 35 (III) RECOMMENDING POLICIES, PRACTICES, PROCEDURES, AND SERVICES TO 36 REDUCE FATALITIES DUE TO DOMESTIC VIOLENCE. 37 (B) A DOMESTIC VIOLENCE-RELATED DEATH OR NEAR DEATH SHALL MEAN ANY 38 DEATH OR NEAR DEATH CAUSED BY A FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN 39 SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 40 OF THE CRIMINAL PROCEDURE LAW, EXCEPT THAT THERE SHALL BE NO REVIEW OF 41 THE DEATH OF A CHILD FOR THOSE CASES IN WHICH THE OFFICE OF CHILDREN AND 42 FAMILY SERVICES IS REQUIRED TO ISSUE A FATALITY REPORT IN ACCORDANCE 43 WITH SUBDIVISION FIVE OF SECTION TWENTY OF THE SOCIAL SERVICES LAW. 44 (C) THE TEAM SHALL REVIEW FATALITIES IN CASES THAT HAVE BEEN ADJUDI- 45 CATED AND HAVE RECEIVED A FINAL JUDGMENT AND THAT ARE NOT UNDER INVESTI- 46 GATION. 47 (D) MEMBERS OF A DOMESTIC VIOLENCE FATALITY REVIEW TEAM SHALL BE 48 APPOINTED BY THE EXECUTIVE DIRECTOR, IN CONSULTATION WITH THE ADVISORY 49 COUNCIL, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ONE REPRESENTATIVE 50 FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY 51 AND DISABILITY ASSISTANCE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, 52 THE STATE POLICE, THE DEPARTMENT OF HEALTH, THE OFFICE OF COURT ADMINIS- 53 TRATION, THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE 54 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AT LEAST ONE REPRE- 55 SENTATIVE FROM LOCAL LAW ENFORCEMENT, A COUNTY PROSECUTOR'S OFFICE, A 56 LOCAL SOCIAL SERVICES DISTRICT, A MEMBER OF THE JUDICIARY, AND A DOMES- S. 7018 4 1 TIC VIOLENCE SERVICES PROGRAM APPROVED BY THE OFFICE OF CHILDREN AND 2 FAMILY SERVICES. A DOMESTIC VIOLENCE FATALITY REVIEW TEAM MAY ALSO 3 INCLUDE REPRESENTATIVES FROM SEXUAL ASSAULT SERVICES PROGRAMS, PUBLIC 4 HEALTH, MENTAL HEALTH AND SUBSTANCE ABUSE AGENCIES, HOSPITALS, CLERGY, 5 LOCAL SCHOOL DISTRICTS, LOCAL DIVISIONS OF PROBATION, LOCAL OFFICES OF 6 THE DIVISION OF PAROLE, THE OFFICE OF THE MEDICAL EXAMINER OR CORONER, 7 ANY LOCAL DOMESTIC VIOLENCE TASK FORCE, COORDINATING COUNCIL OR OTHER 8 INTERAGENCY ENTITY THAT MEETS REGULARLY TO SUPPORT A COORDINATED COMMU- 9 NITY RESPONSE TO DOMESTIC VIOLENCE, ANY OTHER PROGRAM THAT PROVIDES 10 SERVICES TO DOMESTIC VIOLENCE VICTIMS, OR ANY OTHER PERSON NECESSARY TO 11 THE WORK OF THE TEAM, INCLUDING SURVIVORS OF DOMESTIC VIOLENCE. 12 (E) THE TEAM SHALL IDENTIFY POTENTIAL CASES AND SHALL SELECT WHICH 13 FATALITIES WILL BE REVIEWED EACH YEAR. LOCALITIES MAY REQUEST THAT THE 14 TEAM CONDUCT A REVIEW OF A PARTICULAR FATALITY. 15 (F) THE TEAM SHALL WORK WITH OFFICIALS AND ORGANIZATIONS WITHIN THE 16 COMMUNITY WHERE THE FATALITY OCCURRED TO CONDUCT EACH REVIEW. 17 (G) TEAM MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT ARE ENTITLED TO 18 BE REIMBURSED FOR TRAVEL EXPENSES TO THE LOCALITIES WHERE A FATALITY 19 REVIEW WILL BE CONDUCTED AND MEMBERS WHO ARE FULL-TIME SALARIED OFFICERS 20 OR EMPLOYEES OF THE STATE OR OF ANY POLITICAL SUBDIVISION OF THE STATE 21 ARE ENTITLED TO THEIR REGULAR COMPENSATION. 22 (H) TO THE EXTENT CONSISTENT WITH FEDERAL LAW, UPON REQUEST THE TEAM 23 SHALL BE PROVIDED CLIENT-IDENTIFIABLE INFORMATION AND RECORDS NECESSARY 24 FOR THE INVESTIGATION OF A DOMESTIC VIOLENCE-RELATED DEATH OR NEAR DEATH 25 INCIDENT, INCLUDING, BUT NOT LIMITED TO: 26 (I) RECORDS MAINTAINED BY A LOCAL SOCIAL SERVICES DISTRICT; 27 (II) LAW ENFORCEMENT RECORDS, EXCEPT WHERE THE PROVISION OF SUCH 28 RECORDS WOULD INTERFERE WITH AN ONGOING LAW ENFORCEMENT INVESTIGATION OR 29 IDENTIFY A CONFIDENTIAL SOURCE OR ENDANGER THE SAFETY OR WELFARE OF AN 30 INDIVIDUAL; 31 (III) COURT RECORDS; 32 (IV) PROBATION AND PAROLE RECORDS; 33 (V) RECORDS FROM DOMESTIC VIOLENCE RESIDENTIAL OR NON-RESIDENTIAL 34 PROGRAMS; 35 (VI) RECORDS FROM ANY RELEVANT SERVICE PROVIDER, PROGRAM OR ORGANIZA- 36 TION; AND 37 (VII) ALL OTHER RELEVANT RECORDS IN THE POSSESSION OF STATE AND LOCAL 38 OFFICIALS OR AGENCIES. 39 (I) ANY INFORMATION OR RECORDS OTHERWISE CONFIDENTIAL AND PRIVILEGED 40 IN ACCORDANCE WITH STATE LAW WHICH ARE PROVIDED TO THE TEAM SHALL REMAIN 41 CONFIDENTIAL AS OTHERWISE PROVIDED BY LAW. ALL RECORDS RECEIVED, MEET- 42 INGS CONDUCTED, REPORTS AND RECORDS MADE AND MAINTAINED AND ALL BOOKS 43 AND PAPERS OBTAINED BY THE TEAM SHALL BE CONFIDENTIAL AND SHALL NOT BE 44 OPEN OR MADE AVAILABLE, EXCEPT BY COURT ORDER OR AS SET FORTH IN PARA- 45 GRAPHS (K) AND (L) OF THIS SUBDIVISION. 46 (J) ANY PERSON WHO RELEASES OR PERMITS THE RELEASE OF ANY INFORMATION 47 PROTECTED UNDER PARAGRAPH (I) OF THIS SUBDIVISION TO PERSONS OR AGENCIES 48 NOT AUTHORIZED TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A CLASS A 49 MISDEMEANOR. 50 (K) TEAM MEMBERS AND PERSONS WHO PRESENT INFORMATION TO THE TEAM SHALL 51 NOT BE COMPELLED TO DISCLOSE INFORMATION ABOUT THE REVIEW PROCESS OR ANY 52 DISCUSSION, DETERMINATION, CONCLUSION OR RECOMMENDATION OF THE TEAM 53 THROUGH DISCOVERY OR TESTIMONY IN A CIVIL OR CRIMINAL PROCEEDING. NOTH- 54 ING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A PERSON FROM TESTIFY- 55 ING AS TO INFORMATION WHICH IS OBTAINED INDEPENDENTLY OF THE TEAM OR 56 INFORMATION WHICH IS PUBLIC. S. 7018 5 1 (L) TEAM MEMBERS ARE NOT LIABLE FOR DAMAGES OR OTHER RELIEF IN ANY 2 ACTION BROUGHT BY REASON OF THE PERFORMANCE OF A DUTY, FUNCTION, OR 3 ACTIVITY OF THE TEAM. 4 (M) CONSISTENT WITH ALL FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS, 5 THE TEAM MAY PROVIDE RECOMMENDATIONS TO ANY INDIVIDUAL OR ENTITY FOR 6 APPROPRIATE ACTIONS TO IMPROVE A COMMUNITY'S RESPONSE TO DOMESTIC 7 VIOLENCE. 8 (N) THE TEAM SHALL PERIODICALLY SUBMIT A CUMULATIVE REPORT TO THE 9 GOVERNOR AND THE LEGISLATURE INCORPORATING THE AGGREGATE DATA AND A 10 SUMMARY OF THE GENERAL FINDINGS AND RECOMMENDATIONS RESULTING FROM THE 11 DOMESTIC VIOLENCE FATALITY REVIEWS COMPLETED PURSUANT TO THIS SUBDIVI- 12 SION. THE CUMULATIVE REPORT MAY THEREAFTER BE MADE AVAILABLE TO THE 13 PUBLIC, CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS. 14 S 5. Subdivision 9 of section 575 of the executive law is REPEALED. 15 S 6. Subdivision 10 of section 575 of the executive law is REPEALED. 16 S 7. This act shall take effect on the one hundred eightieth day after 17 it shall have become law.