A10045 Summary:

BILL NOA10045
 
SAME ASNo Same As
 
SPONSORBeephan
 
COSPNSR
 
MLTSPNSR
 
Amd §835, add §845-e, 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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A10045 Actions:

BILL NOA10045
 
05/02/2024referred to codes
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A10045 Committee Votes:

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A10045 Floor Votes:

There are no votes for this bill in this legislative session.
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A10045 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10045
 
SPONSOR: Beephan
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The Safer Communities Grant Program would provide $300 million in fund- ing over ten years to law enforcement agencies for the recruitment, training, and retention of detectives and investigators and enhance the capacity, technology, and practices used for processing evidence.   SUMMARY OF PROVISIONS: Section 1 amends Section 835 of the executive law by adding new five new subdivisions 11, 12, 13, 14 and 15 to define clearance by arrest, clear- ance by exception, clearance rate, eligible entity and program. Section 2 amends the executive law by adding a new section 845-e to create the safer communities grant program and defines specified offenses as homi- cides, rapes, sexual assaults, kidnappings and non-fatal shootings. The program awards grants to eligible entities to improve clearance rates and requires the grantee to submit a report on the activities carried out using the grant. It further requires the division of criminal justice services to conduct an evaluation to identify policies that have improved clearance rates for specified offenses. Section 3 appropriates thirty million dollars for each of the fiscal years 2024 through 2034 for the objective of improving clearance rates for homicides, rapes, sexual assaults, kidnappings and non-fatal shootings. Section 4 states the act shall take effect on the ninetieth day after it shall become law.   JUSTIFICATION: The Safer Communities Grant Program would provide $300 million in fund- ing over ten years ($30 million per year) to law enforcement agencies for the recruitment, training, and retention of detectives and investi- gators and enhance the capacity, technology, and practices used for processing evidence. Furthermore, the legislation would ensure adequate funding and staffing for victim services programs and improve the acces- sibility of critical resources that assist victims. Broadly, the program seeks to, through support, incentives, and accountability, help our law enforcement agencies improve clearance rates for homicides, rapes, sexu- al assaults, kidnappings, and non-fatal shootings. Recent spikes in violent crimes in New York and throughout the nation have highlighted the need to support and improve policing. Placing a greater emphasis on these serious violent crimes will make our communities safer as increas- ing clearance rates will strengthen deterrence. A study of clearance rates for gang/drug gun assaults and gang/drug gun homicides in Boston found a positive connection between increased investigatory resources and higher clearance rates!. This legislation seeks to provide law enforcement agencies with the support they need to increase investigato- ry resources on cases of serious violent crime, including non-fatal shootings. The reason non-fatal shootings are a critical focal point despite their seemingly less serious nature is that often the individ- uals committing such crimes have committed or will commit a homicide. Clearing such cases, with the support of increased investigatory resources, could reduce the number of homicides. There is widespread belief among law enforcement and reformers alike that we ask police officers and agencies to do too much at once and that there is a need to refocus our agencies on reducing and addressing violence. This legis- lation seeks to nudge police agencies in the direction of refocusing by incentivizing agencies to invest more resources in solving homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings. One crit- ical investment it seeks to encourage is the hiring and training of additional investigatory personnel.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: $300 million in state funding over ten years.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. 1 https://www.emerald.com/insighticontent/doi /10.1108/PIJPSM-01-2021-0011/full/html
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A10045 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10045
 
                   IN ASSEMBLY
 
                                       May 2, 2024
                                       ___________
 
        Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
          tee on Codes
 
        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
    23  because  the suspect committed an offense in another jurisdiction and is
    24  being prosecuted for that offense.
    25    14. "Clearance rate", with respect to a law enforcement agency,  means
    26  the  number of offenses cleared by the law enforcement agency, including
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10621-04-4

        A. 10045                            2
 
     1  through clearance by arrest and clearance by exception, divided  by  the
     2  total number of offenses reported to the law enforcement agency.
     3    15.  "Eligible  entity"  means  a  Tribal or municipal law enforcement
     4  agency or prosecuting office, or a group of Tribal law enforcement agen-
     5  cies or Tribal prosecuting offices.
     6    16. "Program" means the grant program established under section  eight
     7  hundred forty-five-e of this article.
     8    §  2.  The  executive  law is amended by adding a new section 845-e to
     9  read as follows:
    10    § 845-e. Safer communities grant program. 1. As used in this  section,
    11  "specified offenses" includes homicides, rapes, sexual assaults, kidnap-
    12  pings and non-fatal shootings.
    13    2.  Not later than one hundred eighty days after the effective date of
    14  this section, the division shall establish the safer  communities  grant
    15  program  to  award  grants to eligible entities for investigative and/or
    16  prosecutorial activities with the specific objective of improving clear-
    17  ance rates for cases involving one or more specified offenses.    Grants
    18  shall  be in such amounts as determined appropriate by the division on a
    19  case-by-case basis.
    20    3. An eligible entity seeking a grant under the program  shall  submit
    21  to the division an application at such time and in such manner as deter-
    22  mined by the division containing or accompanied by:
    23    (a) such information as the division may reasonably require; and
    24    (b)  a  description of each eligible project, as described in subdivi-
    25  sion five of this section, that the grant will fund.
    26    4. The division, in  selecting  a  recipient  of  a  grant  under  the
    27  program, shall consider the specific plan and activities proposed by the
    28  applicant  to  improve  clearance rates for specified offenses. Eligible
    29  applicants that do not receive funding through the Gun Involved Violence
    30  Elimination (GIVE) Initiative administered by the division  of  criminal
    31  justice  services  shall  be  given  priority in the allocation of safer
    32  communities grant program awards.
    33    5. A grant recipient shall use  the  grant  for  activities  with  the
    34  specific  objective  of  improving  clearance  rates for cases involving
    35  specified offenses, including:
    36    (a) ensuring the retention of detectives who are assigned to  investi-
    37  gate  the specified offense or offenses as of the date of receipt of the
    38  grant;
    39    (b) hiring and training additional detectives who will be dedicated to
    40  investigating specified offenses;
    41    (c) developing policies, procedures, and training to improve the abil-
    42  ity of detectives to effectively investigate and solve  cases  involving
    43  specified offenses, including implementing best practices relating to:
    44    (i)  improving  internal  agency cooperation, organizational oversight
    45  and accountability, and supervision of investigations;
    46    (ii) developing specific goals and performance metrics for both inves-
    47  tigators and investigative units;
    48    (iii) establishing or improving relationships with the communities the
    49  agency serves; and
    50    (iv) collaboration with and among other law enforcement  agencies  and
    51  criminal justice organizations;
    52    (d)  training  personnel  to  address  the needs of victims and family
    53  members of victims of specified offenses or collaborating  with  trained
    54  victim advocates and specialists to better meet victims' needs;
    55    (e)  acquiring,  upgrading, or replacing investigative, evidence proc-
    56  essing, or forensic testing technology or equipment;

        A. 10045                            3
 
     1    (f) development and implementation of policies  that  safeguard  civil
     2  rights and civil liberties during the collection, processing, and foren-
     3  sic testing of evidence;
     4    (g)  hiring  or  training  personnel  for  collection, processing, and
     5  forensic testing of evidence;
     6    (h) hiring and training of personnel to analyze violent crime and  the
     7  temporal and geographic trends among specified offenses;
     8    (i)  retaining experts to conduct a detailed analysis of homicides and
     9  shootings using Gun Violence Problem Analysis (commonly known as "GVPA")
    10  or a similar research methodology;
    11    (j) ensuring victims have appropriate access to emergency food,  hous-
    12  ing, clothing, travel, and transportation;
    13    (k)  developing  competitive  and  evidence-based  programs to improve
    14  homicide and non-fatal shooting clearance rates;
    15    (l) developing best practices for improving access to  and  acceptance
    16  of  victim  services, including victim services that promote medical and
    17  psychological wellness, ongoing counseling, legal advice, and  financial
    18  compensation;
    19    (m) training investigators and detectives in trauma-informed interview
    20  techniques;
    21    (n) establishing programs to support officers who experience stress or
    22  trauma  as a result of responding to or investigating shootings or other
    23  violent crime incidents; and/or
    24    (o) ensuring language and disability access supports are  provided  to
    25  victims,  survivors,  and  their  families  so that victims can exercise
    26  their rights and participate in the criminal justice process.
    27    6. A grant made under the program shall not exceed one hundred percent
    28  of the cost of the proposed activity if  the  grant  is  awarded  on  or
    29  before  March thirty-first, two thousand thirty-five or fifty percent of
    30  the cost of the proposed activity if the grant is  awarded  after  March
    31  thirty-first, two thousand thirty-five.
    32    7.  Not later than one year after receiving a grant under the program,
    33  and each year thereafter during which the activity funded by  the  grant
    34  is  carried out, a grant recipient shall submit to the division a report
    35  on the activities carried out using the grant, including, if applicable:
    36  the number of homicide and non-fatal shooting detectives  hired  by  the
    37  grant  recipient;  the  number of evidence-processing personnel hired by
    38  the grant recipient; a description of any training that is  provided  to
    39  existing  (as of the date on which the grant was awarded) or newly hired
    40  homicide and non-fatal shooting detectives and designed to assist in the
    41  solving of crimes and improve clearance rates; any new evidence-process-
    42  ing technology or equipment purchased or any upgrades made  to  existing
    43  (as  of  the date on which the grant was awarded) evidence technology or
    44  equipment, and the associated cost; any assessments of evidence-process-
    45  ing technology or equipment purchased  with  grant  funds  to  determine
    46  whether such technology or equipment satisfies the objectives of the use
    47  of  the  technology  or equipment in increasing clearance rates, and any
    48  policies in place to govern the use of the technology or equipment;  the
    49  internal  policies  and  oversight  used  to  ensure that any technology
    50  purchased through the grant for  the  purposes  of  improving  clearance
    51  rates  does not violate the civil rights and civil liberties of individ-
    52  uals; data regarding clearance rates for homicides, rapes, other  aggra-
    53  vated  felonies,  and  non-fatal shootings, including the rate of clear-
    54  ances by arrest and clearances  by  exception,  and  crime  trends  from
    55  within each jurisdiction in which the grant recipient carried out activ-
    56  ities  supported  by the grant; whether the grant recipient has provided

        A. 10045                            4

     1  grant funds to any victim  services  organizations,  and  if  so,  which
     2  organizations;  the  demographic  information  for victims of homicides,
     3  rapes, other aggravated  felonies,  and  non-fatal  shootings,  and  the
     4  length  and outcomes of each investigation, including whether the inves-
     5  tigation was cleared by arrest or exception; the demographic information
     6  for each victim or family member of a victim who received victim-related
     7  services provided by the grant  recipient;  and  identification  of  the
     8  services  most  used by victims and their families and identification of
     9  additional services needed.
    10    8. No later than two years after the effective date of  this  section,
    11  and  every  two  years  thereafter,  the  division  of  criminal justice
    12  services shall conduct an evaluation of the practices deployed by  grant
    13  recipients  to  identify  policies and procedures that have successfully
    14  improved clearance rates for homicides, rapes, sexual assaults,  kidnap-
    15  pings,  and  non-fatal  shootings;  and  the  efficacy  of  any services
    16  provided to victims and family members of victims of  homicides,  rapes,
    17  sexual  assaults,  kidnappings,  and non-fatal shootings. Not later than
    18  thirty days after completion of an evaluation the division shall  submit
    19  to  the  temporary president of the senate and speaker of the assembly a
    20  report including the results of the evaluation and information  reported
    21  by each grant recipient under subdivision seven of this section.
    22    §  3. The sum of thirty million dollars ($30,000,000) is hereby appro-
    23  priated to the division for each of fiscal years 2025 through  2035  out
    24  of any moneys in the state treasury in the general fund to the credit of
    25  the local assistance account, not otherwise appropriated, and made imme-
    26  diately  available,  for  the  purpose of establishing safer communities
    27  grant program to award grants to eligible entities for  activities  with
    28  the  specific  objective  of  improving  clearance  rates for homicides,
    29  rapes, sexual assaults, kidnappings, and non-fatal shootings.
    30    § 4. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law. Effective immediately, the addition, amendment and/or
    32  repeal  of  any  rule  or regulation necessary for the implementation of
    33  this act on its effective date are authorized to be made  and  completed
    34  on or before such effective date.
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