S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8599--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  FUNKE,  GRIFFO, HELMING, MARCHIONE,
   ROBACH, SEWARD -- read twice and ordered printed, and when printed  to
   be  committed  to  the  Committee  on  Social  Services  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the social services law, in relation to establishing the
   domestic violence accountability program; and to amend the penal  law,
   in relation to mandatory domestic violence counseling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 459-i to read as follows:
   §  459-I. DOMESTIC VIOLENCE ACCOUNTABILITY PROGRAM. 1. THERE IS HEREBY
 ESTABLISHED A DOMESTIC VIOLENCE ACCOUNTABILITY PROGRAM WITHIN THE OFFICE
 FOR THE PREVENTION OF DOMESTIC VIOLENCE. THE EXECUTIVE DIRECTOR  OF  THE
 OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE, IN CONSULTATION WITH
 PROVIDERS OF DOMESTIC VIOLENCE PROGRAMS AND DOMESTIC  VIOLENCE  ACCOUNT-
 ABILITY  PROGRAMS  AND  SUCH  OTHER  PROFESSIONALS AS HE OR SHE MAY DEEM
 APPROPRIATE SHALL ESTABLISH, BY REGULATION, THE INSTRUCTIONAL AND  REHA-
 BILITATIVE  ASPECTS  OF  THE  PROGRAM.  SUCH PROGRAM SHALL CONSIST OF AT
 LEAST TWENTY-SIX AND UP TO FIFTY-TWO SESSIONS OF ONE  HOUR  TO  ONE  AND
 ONE-HALF  HOURS  EACH AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM
 INSTRUCTION IN AREAS DEEMED SUITABLE BY THE EXECUTIVE DIRECTOR.
   2. THE FORM, CONTENT AND METHOD OF PRESENTATION OF THE VARIOUS ASPECTS
 OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR.  IN  THE
 DEVELOPMENT  OF  THE  FORM,  CURRICULUM AND CONTENT OF SUCH PROGRAM, THE
 EXECUTIVE DIRECTOR MAY CONSULT WITH THE OFFICE OF THE  ATTORNEY  GENERAL
 AND ANY OTHER STATE DEPARTMENT OR AGENCY AND REQUEST AND RECEIVE ASSIST-
 ANCE  FROM  THEM.  THE  EXECUTIVE DIRECTOR IS ALSO AUTHORIZED TO DEVELOP
 MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN ORDER TO
 MEET THE VARYING NEEDS OF THE PARTICIPANTS.
   3. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN AT LEAST EVERY COUN-
 TY IN THE STATE, EXCEPT WHERE THE  EXECUTIVE  DIRECTOR  DETERMINES  THAT
 THERE  IS  NOT  A  SUFFICIENT  NUMBER OF DOMESTIC VIOLENCE OFFENSES IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15812-04-8

 S. 8599--A                          2
 
 COUNTY TO MANDATE THE ESTABLISHMENT OF SAID COURSE, AND THAT  PROVISIONS
 BE  MADE  FOR THE RESIDENTS OF SAID COUNTY TO ATTEND A COURSE IN ANOTHER
 COUNTY WHERE A COURSE EXISTS.
   4.  PARTICIPATION  IN  THE PROGRAM SHALL BE REQUIRED FOR THOSE PERSONS
 CONVICTED OF DOMESTIC ABUSE OFFENSES OR PERSONS WHO  HAVE  BEEN  ADJUDI-
 CATED  YOUTHFUL  OFFENDERS  FOR  DOMESTIC ABUSE OFFENSES WHO SATISFY THE
 CRITERIA AND MEET THE REQUIREMENTS FOR PARTICIPATION AS  ESTABLISHED  BY
 THIS  SECTION  AND THE REGULATIONS PROMULGATED THEREUNDER. THE EXECUTIVE
 DIRECTOR MAY EXERCISE DISCRETION, TO  REJECT  ANY  PERSON  FROM  PARTIC-
 IPATION  REFERRED  TO SUCH PROGRAM AND NOTHING CONTAINED IN THIS SECTION
 SHALL BE CONSTRUED AS CREATING A RIGHT TO BE INCLUDED IN ANY  COURSE  OR
 PROGRAM ESTABLISHED UNDER THIS SECTION.
   5. THE EXECUTIVE DIRECTOR SHALL ESTABLISH A LIST OF APPROVED PROVIDERS
 AND A SCHEDULE OF FEES TO BE PAID BY OR ON BEHALF OF EACH PARTICIPANT IN
 THE  PROGRAM,  AND MAY, FROM TIME TO TIME, MODIFY SAME.  SUCH FEES SHALL
 DEFRAY THE ONGOING EXPENSES OF  THE  PROGRAM.  PROVIDED,  HOWEVER,  THAT
 PURSUANT TO AN AGREEMENT WITH THE DEPARTMENT A MUNICIPALITY, DEPARTMENT,
 OR OTHER AGENCY MAY CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF
 THE EXPENSE OF SUCH COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY,
 DEPARTMENT  OR  AGENCY. IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER
 FOR REASONS OF THE  PARTICIPANT'S  WITHDRAWAL  OR  EXPULSION  FROM  SUCH
 PROGRAM OR OTHERWISE.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 MANDATORY DOMESTIC VIOLENCE COUNSELING.
   ANY  DEFENDANT  CONVICTED  OF ANY OF THE FOLLOWING OFFENSES, WHERE THE
 DEFENDANT AND THE PERSON AGAINST WHOM THE  OFFENSE  WAS  COMMITTED  WERE
 MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT
 TO  SECTION  370.15  OF  THE  CRIMINAL PROCEDURE LAW; ANY OFFENSE LISTED
 UNDER TITLE H, TITLE I OR TITLE O OF PART 3 OF THIS CHAPTER; OR  ATTEMPT
 TO  COMMIT ANY OF THE OFFENSES UNDER TITLE H, TITLE I OR TITLE O OF PART
 3 OF THIS CHAPTER, SHALL BE REQUIRED TO ENROLL AND COMPLETE  A  DOMESTIC
 VIOLENCE ACCOUNTABILITY PROGRAM AS A CONDITION OF CONDITIONAL DISCHARGE,
 PROBATION OR PAROLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.