BILL NUMBER: S1624

SPONSOR: GALLIVAN
 
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 iden-
tify 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outdated.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 infor-
mation, 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 enforce-
ment departments have begun planning for the future and investing in
digitizing their forms and procedures. As a result of this ban, locali-
ties 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:

2019-20: S.529 Referred to Finance

2017-18: S.1143 Referred to Finance

2015-16: S.90 Passed Senate

2013-14: S.101 Referred to Finance

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

 
FISCAL IMPLICATIONS:

To be determined.

 
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 imme-
diately, 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.