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S00996 Summary:

BILL NOS00996
 
SAME ASNo Same As
 
SPONSORROLISON
 
COSPNSRBORRELLO
 
MLTSPNSR
 
Amd §835, add §845-f, Exec L
 
Directs the division of criminal justice services to establish the safer communities grant program making grants available to investigative or prosecutorial entities involved with cases of homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings; requires a report to the legislature; makes an appropriation therefor.
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S00996 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           996
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by Sens. ROLISON, BORRELLO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance
 
        AN ACT to amend the executive law, in relation to directing the division
          of  criminal justice services to establish the safer communities grant
          program; and making an appropriation therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 835 of the executive law is amended by adding five
     2  new subdivisions 12, 13, 14, 15 and 16 to read as follows:
     3    12. "Clearance by arrest", with respect to an offense  reported  to  a
     4  law  enforcement  agency,  means the law enforcement agency has arrested
     5  not less than one person for the offense, charged said person  with  the
     6  commission  of  the offense and referred said person for prosecution for
     7  the offense; or has cited an individual under the  age  of  eighteen  to
     8  appear  in  juvenile  court  or  before  another juvenile authority with
     9  respect  to  the  offense,  regardless  of  whether  a  physical  arrest
    10  occurred.
    11    13. "Clearance by exception", with respect to an offense reported to a
    12  law  enforcement agency, means the law enforcement agency has identified
    13  not less than one person suspected of the offense, and with  respect  to
    14  the  suspect,  has  gathered enough evidence to support an arrest of the
    15  suspect, make a charge against the suspect; and refer  the  suspect  for
    16  prosecution;  identified  the  exact location of the suspect so that the
    17  suspect could be taken  into  custody  immediately;  and  encountered  a
    18  circumstance  outside  the  control  of  the law enforcement agency that
    19  prohibits the agency from arresting the suspect, charging  the  suspect,
    20  or  referring  the  suspect  for prosecution, including the death of the
    21  suspect, the refusal of the victim to  cooperate  with  the  prosecution
    22  after  the  suspect  has  been  identified, or the denial of extradition
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01579-01-5

        S. 996                              2
 
     1  because the suspect committed an offense in another jurisdiction and  is
     2  being prosecuted for that offense.
     3    14.  "Clearance rate", with respect to a law enforcement agency, means
     4  the number of offenses cleared by the law enforcement agency,  including
     5  through  clearance  by arrest and clearance by exception, divided by the
     6  total number of offenses reported to the law enforcement agency.
     7    15. "Eligible entity" means a  Tribal  or  municipal  law  enforcement
     8  agency or prosecuting office, or a group of Tribal law enforcement agen-
     9  cies or Tribal prosecuting offices.
    10    16.  "Program" means the grant program established under section eight
    11  hundred forty-five-f of this article.
    12    § 2. The executive law is amended by adding a  new  section  845-f  to
    13  read as follows:
    14    §  845-f. Safer communities grant program. 1. As used in this section,
    15  "specified offenses" includes homicides, rapes, sexual assaults, kidnap-
    16  pings and non-fatal shootings.
    17    2. Not later than one hundred eighty days after the effective date  of
    18  this  section, the division of criminal justice services shall establish
    19  the safer communities grant program to award grants to eligible entities
    20  for investigative and/or  prosecutorial  activities  with  the  specific
    21  objective  of  improving clearance rates for cases involving one or more
    22  specified offenses.   Grants shall be  in  such  amounts  as  determined
    23  appropriate  by  the division of criminal justice services on a case-by-
    24  case basis.
    25    3. An eligible entity seeking a grant under the program  shall  submit
    26  to the division of criminal justice services an application at such time
    27  and  in  such  manner  as determined by the division of criminal justice
    28  services containing or accompanied by:
    29    (a) such information as the division of criminal justice services  may
    30  reasonably require; and
    31    (b)  a  description of each eligible project, as described in subdivi-
    32  sion five of this section, that the grant will fund.
    33    4. The division of criminal justice services, in selecting a recipient
    34  of a grant under the program,  shall  consider  the  specific  plan  and
    35  activities  proposed  by  the  applicant  to improve clearance rates for
    36  specified offenses. Eligible applicants  that  do  not  receive  funding
    37  through the Gun Involved Violence Elimination (GIVE) Initiative adminis-
    38  tered by the division of criminal justice services shall be given prior-
    39  ity in the allocation of safer communities grant program awards.
    40    5.  A  grant  recipient  shall  use  the grant for activities with the
    41  specific objective of improving  clearance  rates  for  cases  involving
    42  specified offenses, including:
    43    (a)  ensuring the retention of detectives who are assigned to investi-
    44  gate the specified offense or offenses as of the date of receipt of  the
    45  grant;
    46    (b) hiring and training additional detectives who will be dedicated to
    47  investigating specified offenses;
    48    (c) developing policies, procedures, and training to improve the abil-
    49  ity  of  detectives to effectively investigate and solve cases involving
    50  specified offenses, including implementing best practices relating to:
    51    (i) improving internal agency  cooperation,  organizational  oversight
    52  and accountability, and supervision of investigations;
    53    (ii) developing specific goals and performance metrics for both inves-
    54  tigators and investigative units;
    55    (iii) establishing or improving relationships with the communities the
    56  agency serves; and

        S. 996                              3
 
     1    (iv)  collaboration  with and among other law enforcement agencies and
     2  criminal justice organizations;
     3    (d)  training  personnel  to  address  the needs of victims and family
     4  members of victims of specified offenses or collaborating  with  trained
     5  victim advocates and specialists to better meet victims' needs;
     6    (e)  acquiring,  upgrading, or replacing investigative, evidence proc-
     7  essing, or forensic testing technology or equipment;
     8    (f) development and implementation of policies  that  safeguard  civil
     9  rights and civil liberties during the collection, processing, and foren-
    10  sic testing of evidence;
    11    (g)  hiring  or  training  personnel  for  collection, processing, and
    12  forensic testing of evidence;
    13    (h) hiring and training of personnel to analyze violent crime and  the
    14  temporal and geographic trends among specified offenses;
    15    (i)  retaining experts to conduct a detailed analysis of homicides and
    16  shootings using Gun Violence Problem Analysis (commonly known as "GVPA")
    17  or a similar research methodology;
    18    (j) ensuring victims have appropriate access to emergency food,  hous-
    19  ing, clothing, travel, and transportation;
    20    (k)  developing  competitive  and  evidence-based  programs to improve
    21  homicide and non-fatal shooting clearance rates;
    22    (l) developing best practices for improving access to  and  acceptance
    23  of  victim  services, including victim services that promote medical and
    24  psychological wellness, ongoing counseling, legal advice, and  financial
    25  compensation;
    26    (m) training investigators and detectives in trauma-informed interview
    27  techniques;
    28    (n) establishing programs to support officers who experience stress or
    29  trauma  as a result of responding to or investigating shootings or other
    30  violent crime incidents; and/or
    31    (o) ensuring language and disability access supports are  provided  to
    32  victims,  survivors,  and  their  families  so that victims can exercise
    33  their rights and participate in the criminal justice process.
    34    6. A grant made under the program shall not exceed one hundred percent
    35  of the cost of the proposed activity if  the  grant  is  awarded  on  or
    36  before  March  thirty-first, two thousand thirty-six or fifty percent of
    37  the cost of the proposed activity if the grant is  awarded  after  March
    38  thirty-first, two thousand thirty-six.
    39    7.  Not later than one year after receiving a grant under the program,
    40  and each year thereafter during which the activity funded by  the  grant
    41  is carried out, a grant recipient shall submit to the division of crimi-
    42  nal  justice  services  a report on the activities carried out using the
    43  grant, including, if applicable:  the number of homicide  and  non-fatal
    44  shooting  detectives  hired  by  the  grant  recipient;  the  number  of
    45  evidence-processing  personnel  hired  by   the   grant   recipient;   a
    46  description of any training that is provided to existing (as of the date
    47  on  which  the  grant was awarded) or newly hired homicide and non-fatal
    48  shooting detectives and designed to assist in the solving of crimes  and
    49  improve  clearance  rates;  any  new  evidence-processing  technology or
    50  equipment purchased or any upgrades made to existing (as of the date  on
    51  which  the  grant was awarded) evidence technology or equipment, and the
    52  associated cost; any assessments of  evidence-processing  technology  or
    53  equipment purchased with grant funds to determine whether such technolo-
    54  gy or equipment satisfies the objectives of the use of the technology or
    55  equipment  in  increasing  clearance rates, and any policies in place to
    56  govern the use of the technology or equipment; the internal policies and

        S. 996                              4
 
     1  oversight used to ensure that any technology purchased through the grant
     2  for the purposes of improving clearance rates does not violate the civil
     3  rights and civil liberties  of  individuals;  data  regarding  clearance
     4  rates  for  homicides,  rapes,  other aggravated felonies, and non-fatal
     5  shootings, including the rate of clearances by arrest and clearances  by
     6  exception,  and  crime trends from within each jurisdiction in which the
     7  grant recipient carried out activities supported by the  grant;  whether
     8  the  grant  recipient  has  provided  grant funds to any victim services
     9  organizations, and if so, which organizations; the demographic  informa-
    10  tion  for  victims  of  homicides, rapes, other aggravated felonies, and
    11  non-fatal shootings, and the length and outcomes of each  investigation,
    12  including  whether the investigation was cleared by arrest or exception;
    13  the demographic information for each victim or family member of a victim
    14  who received victim-related services provided by  the  grant  recipient;
    15  and  identification of the services most used by victims and their fami-
    16  lies and identification of additional services needed.
    17    8. No later than two years after the effective date of  this  section,
    18  and  every  two  years  thereafter,  the  division  of  criminal justice
    19  services shall conduct an evaluation of the practices deployed by  grant
    20  recipients  to  identify  policies and procedures that have successfully
    21  improved clearance rates for homicides, rapes, sexual assaults,  kidnap-
    22  pings,  and  non-fatal  shootings;  and  the  efficacy  of  any services
    23  provided to victims and family members of victims of  homicides,  rapes,
    24  sexual  assaults,  kidnappings,  and non-fatal shootings. Not later than
    25  thirty days after completion of an evaluation the division  of  criminal
    26  justice  services  shall submit to the temporary president of the senate
    27  and speaker of the assembly a report including the results of the evalu-
    28  ation and information reported by each grant recipient under subdivision
    29  seven of this section.
    30    § 3. The sum of thirty million dollars ($30,000,000) is hereby  appro-
    31  priated  to  the division for each of fiscal years 2026 through 2036 out
    32  of any moneys in the state treasury in the general fund to the credit of
    33  the local assistance account, not otherwise appropriated, and made imme-
    34  diately available, for the purpose  of  establishing  safer  communities
    35  grant  program  to award grants to eligible entities for activities with
    36  the specific objective  of  improving  clearance  rates  for  homicides,
    37  rapes, sexual assaults, kidnappings, and non-fatal shootings.
    38    §  4.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law. Effective immediately, the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this  act  on its effective date are authorized to be made and completed
    42  on or before such effective date.
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