A05285 Summary:

BILL NOA05285
 
SAME ASNo same as
 
SPONSORHooper (MS)
 
COSPNSR
 
MLTSPNSRClark, Cymbrowitz, Rivera P, Robinson, Schimel, Sweeney, Towns
 
 
Appropriates $44,500,000 for and establishes a street level narcotics enforcement program in the division of criminal justice services for counties not wholly contained within a city and having a population in excess of one million and to villages; directs the division of state police to provide centralized narcotics enforcement training for police officers employed by or under contract with eligible counties or incorporated villages.
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A05285 Actions:

BILL NOA05285
 
02/15/2011referred to ways and means
01/04/2012referred to ways and means
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A05285 Floor Votes:

There are no votes for this bill in this legislative session.
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A05285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5285
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 15, 2011
                                       ___________
 
        Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
          CYMBROWITZ, P. RIVERA, ROBINSON, SCHIMEL, SWEENEY, TOWNS -- read  once
          and referred to the Committee on Ways and Means
 
        AN  ACT  to  establish a street level narcotics enforcement program; and
          making appropriations therefor
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings. The legislature finds that despite
     2  the efforts of law enforcement agencies to control  illegal  trafficking
     3  in  narcotics  in this state, the prevalence of narcotics sales and use,
     4  and the incidence of violent and property crimes directly related to the
     5  narcotics trade remains a serious public safety problem. The legislature
     6  further finds that state and federal resources devoted to  this  problem
     7  have  primarily  been  concentrated  on  efforts to arrest and prosecute
     8  large-scale  narcotics  sellers  and  manufacturers,  and  to  interdict
     9  narcotics  entering the state. This concentration of effort has left few
    10  resources available to assist  a  certain  class  of  communities  which

    11  continue  to  experience severe problems with narcotics sales and use on
    12  street corners and in buildings, often  abandoned  ones,  where  illegal
    13  activities  can take place out of the view of the police and public. The
    14  legislature concludes that the establishment of a street level narcotics
    15  enforcement program is necessary  to  provide  additional  resources  to
    16  certain  communities  of  this  state whose quality of life is seriously
    17  marred by street level narcotics, but whose local fiscal  resources  are
    18  insufficient  to  support  a  suitable  law enforcement response to this
    19  threat.
    20    § 2. a. The division of criminal justice services shall  provide  aid,
    21  within  the  amounts  appropriated  therefor,  to  counties  not  wholly
    22  contained within a city and having a population in excess of one million
    23  and to villages within such counties having populations less than  fifty

    24  thousand  for the purposes of combating street level narcotics traffick-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06870-01-1

        A. 5285                             2
 
     1  ing  or  other  offenses  related to the sale and use of narcotics. Each
     2  county shall be eligible for an amount of  aid  which  is  allocated  in
     3  proportion  to  such  county's population in relation to the total popu-
     4  lation  of  all eligible counties as established by the nineteen hundred
     5  eighty federal census.  Each incorporated village shall be eligible  for
     6  an  amount  of aid which is allocated in proportion to such incorporated
     7  village's population in relation to the total population of all eligible

     8  incorporated villages as established  by  the  nineteen  hundred  eighty
     9  federal census.
    10    b.  Each  eligible county and incorporated village shall file with the
    11  commissioner of the division of criminal justice services an expenditure
    12  plan detailing the uses of its allocation and shall receive approval  of
    13  such plan prior to receiving any funds pursuant to this act.
    14    c.  Approved uses for funds distributed pursuant to this section shall
    15  include, but shall not be limited to, employment of police officers  for
    16  the primary purpose of enforcing narcotics laws; payment of fringe bene-
    17  fits accompanying the employment of such officers; the purchase or lease
    18  of  equipment,  including  automobiles, to be used in narcotics enforce-
    19  ment; and discretionary payments, including the purchase  of  controlled
    20  substances deemed necessary in the investigation of narcotics crimes.

    21    d. Any county or incorporated village receiving funds pursuant to this
    22  section which does not maintain its own police department or which wish-
    23  es  to  augment the resources of its police department may contract with
    24  one or more municipal or county  law  enforcement  agencies  which  have
    25  jurisdiction  within  the  boundaries  of  such  county  or incorporated
    26  village to carry  out  the  provisions  of  the  expenditure  plan.  The
    27  provisions of such contracts shall be disclosed in the expenditure plan.
    28    e.  The  division  of state police shall provide centralized narcotics
    29  enforcement training for police officers employed by or  under  contract
    30  with  eligible  counties  or  incorporated  villages  pursuant  to  this
    31  section.
    32    § 3. a. The division of criminal justice services shall provide grants
    33  to counties and incorporated  villages  eligible  for  aid  pursuant  to

    34  section  two  of  this  act  for  the  purpose of creating demonstration
    35  projects in counties and incorporated villages which display  a  compre-
    36  hensive approach to combating street level narcotics trafficking.
    37    b.  Applications  for grants pursuant to subdivision a of this section
    38  must describe a particular portion or portions of the community in which
    39  street level narcotics  trafficking  is  a  serious  problem,  and  must
    40  propose  an approach to solving the problem which contains elements such
    41  as more frequent uniformed  police  patrols,  the  use  of  police  foot
    42  patrols,  the  interdiction of movement in stolen goods, the securing or
    43  demolition of abandoned buildings,  enforcement  of  housing  codes  and
    44  organizing of neighborhood crime prevention groups.
    45    c. The commissioner of the division of criminal justice services shall

    46  design and conduct evaluations of any programs funded with demonstration
    47  grants,  with an emphasis on determining if the programs are suitable to
    48  be designated as street level narcotics trafficking  enforcement  models
    49  for all law enforcement agencies of the state.
    50    §  4.  The  sum of forty-one million dollars ($41,000,000), or so much
    51  thereof as may be necessary, is hereby appropriated to the  division  of
    52  criminal justice services out of any moneys in the state treasury in the
    53  general  fund  to the credit of the local assistance account, not other-
    54  wise appropriated, and made immediately available, for the  purposes  of
    55  providing  aid  to eligible counties and incorporated villages to combat
    56  street level narcotics trafficking pursuant to subdivision a of  section

        A. 5285                             3
 

     1  two  of  this act. Such moneys shall be payable on the audit and warrant
     2  of the comptroller on vouchers certified or approved by the commissioner
     3  of the division of criminal justice services in the manner prescribed by
     4  law.
     5    § 5. The sum of three million dollars ($3,000,000), or so much thereof
     6  as  may be necessary, is hereby appropriated to the division of criminal
     7  justice services out of any moneys in the state treasury in the  general
     8  fund to the credit of the local assistance account, not otherwise appro-
     9  priated,  and  made  immediately available, for the purposes of carrying
    10  out the provisions of section three of this act. Such  moneys  shall  be
    11  payable  on  the audit and warrant of the comptroller on vouchers certi-
    12  fied or approved by the commissioner of the division of criminal justice
    13  services in the manner prescribed by law.

    14    § 6. The sum of five hundred thousand dollars ($500,000), or  so  much
    15  thereof  as  may be necessary, is hereby appropriated to the division of
    16  state police out of any moneys in the state treasury in the general fund
    17  to the credit of the state purposes account, not otherwise appropriated,
    18  and made immediately available, for the  purpose  of  carrying  out  the
    19  provisions  of  subdivision  e  of  section two of this act. Such moneys
    20  shall be payable on the audit and warrant of the comptroller on vouchers
    21  certified or approved by the superintendent of  the  division  of  state
    22  police in the manner prescribed by law.
    23    § 7.  This act shall take effect immediately.
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