S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3955
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced   by  Sens.  RANZENHOFER,  FUNKE,  GRIFFO,  HELMING,  ROBACH,
   SEPULVEDA, SEWARD -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Social Services
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02261-01-9

 S. 3955                             2
 
 THERE IS NOT A SUFFICIENT NUMBER OF  DOMESTIC  VIOLENCE  OFFENSES  IN  A
 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.