BILL NUMBER:S101

TITLE OF BILL:
An act
to amend the executive law, in relation to directing the division of
criminal justice services to accept electronic submission of reports or
other information from local law enforcement agencies

PURPOSE:
To ensure that DCJS improves its operations by working with local
police departments that are streamlining and improving their
operations through electronic record-keeping and transmittal.

SUMMARY OF PROVISIONS:
Section 1: Directs DCJS to take steps to be able to accept electronic
versions of uniform crime reports, incident-based reports, domestic
incident reports and sex offender change of address forms.

Section 2: Effective date.

JUSTIFICATION:
DCJS currently serves as a central repository for criminal justice
information throughout New York State. pursuant to that mission,
copies of a variety of records maintained by local police departments
and jurisdictions must be transmitted to DCJS, where they are used to
identify and forecast trends, research and to share information with
              

the public, other states, and the federal government and between law
enforcement jurisdictions.

The method of transmission of such information, however, is severely
outdated. Local law enforcement agencies must submit paper copies of
uniform crime reports, incident-based reports, domestic incident
reports and sex offender change of address forms in print format
only. This necessitates law enforcement agencies paying for postage
and using up staff time to make copies and address envelopes. And
once these forms arrive at DCJS, they must be routed to their
appropriate destinations, where DCJS staff spends time manually
inputting these paper copies into DCJS systems. This is a
labor-intensive, time-consuming process that is wasteful,
unnecessary, causes days or weeks of delay in updating information,
and as a result harms victims and the interests of justice.

Most problematically, DCJS forbids the aforementioned records to be
transmitted electronically.
This is the case even if local law enforcement departments have begun
planning for the future
and investing in digitizing their forms and procedures. As a result of
this ban, localities do not reap the full benefits and cost savings
of their information technology improvements. In effect, DCJS's
refusal to accept electronic records is discouraging innovation in
law enforcement record-keeping throughout New York State.

On December 14, 2011, DCJS announced the launch of a Domestic Incident
Report (DIR) Repository, which allows law enforcement agencies access
to information critical to identifying patterns of threats and abuse
within the home, even when individuals move between different law


enforcement jurisdictions. This action by DCJS signals the importance
of providing law enforcement the most up-to-date information to be
able to charge abusers and remove victims from harm's path. However,
DCJS has failed to make commensurate improvements in how the
information is actually uploaded into the Repository.

This legislation asks the DCJS Commissioner to look towards the future
and to layout a comprehensive plan whereby DCJS will actively work
with localities to reduce the time and cost associated with criminal
justice record transmission. This will lead to more up-to-date
information available to law enforcement, improve the administration
of justice and lead to improved outcomes for victims of domestic
violence and other crimes.

LEGISLATIVE HISTORY:
2011-12: S.6427/A.9340 Passed Senate/Referred to Codes

FISCAL IMPLICATIONS:
Initial cost in regards to developing a system to accept electronic
records, but greater long-term efficiency savings.

LOCAL FISCAL IMPLICATIONS:
Savings for localities throughout New York State having to do with not
mailing physical copies of records to DCJS.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law; provided that,
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed by the commissioner of the division of criminal justice
services on or before such effective date.