S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    996
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. ROLISON, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 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:
 
   Section  1. Section 835 of the executive law is amended by adding five
 new subdivisions 12, 13, 14, 15 and 16 to read as follows:
   12. "CLEARANCE BY ARREST", WITH RESPECT TO AN OFFENSE  REPORTED  TO  A
 LAW  ENFORCEMENT  AGENCY,  MEANS THE LAW ENFORCEMENT AGENCY HAS ARRESTED
 NOT LESS THAN ONE PERSON FOR THE OFFENSE, CHARGED SAID PERSON  WITH  THE
 COMMISSION  OF  THE OFFENSE AND REFERRED SAID PERSON FOR PROSECUTION FOR
 THE OFFENSE; OR HAS CITED AN INDIVIDUAL UNDER THE  AGE  OF  EIGHTEEN  TO
 APPEAR  IN  JUVENILE  COURT  OR  BEFORE  ANOTHER JUVENILE AUTHORITY WITH
 RESPECT  TO  THE  OFFENSE,  REGARDLESS  OF  WHETHER  A  PHYSICAL  ARREST
 OCCURRED.
   13. "CLEARANCE BY EXCEPTION", WITH RESPECT TO AN OFFENSE REPORTED TO A
 LAW  ENFORCEMENT AGENCY, MEANS THE LAW ENFORCEMENT AGENCY HAS IDENTIFIED
 NOT LESS THAN ONE PERSON SUSPECTED OF THE OFFENSE, AND WITH  RESPECT  TO
 THE  SUSPECT,  HAS  GATHERED ENOUGH EVIDENCE TO SUPPORT AN ARREST OF THE
 SUSPECT, MAKE A CHARGE AGAINST THE SUSPECT; AND REFER  THE  SUSPECT  FOR
 PROSECUTION;  IDENTIFIED  THE  EXACT LOCATION OF THE SUSPECT SO THAT THE
 SUSPECT COULD BE TAKEN  INTO  CUSTODY  IMMEDIATELY;  AND  ENCOUNTERED  A
 CIRCUMSTANCE  OUTSIDE  THE  CONTROL  OF  THE LAW ENFORCEMENT AGENCY THAT
 PROHIBITS THE AGENCY FROM ARRESTING THE SUSPECT, CHARGING  THE  SUSPECT,
 OR  REFERRING  THE  SUSPECT  FOR PROSECUTION, INCLUDING THE DEATH OF THE
 SUSPECT, THE REFUSAL OF THE VICTIM TO  COOPERATE  WITH  THE  PROSECUTION
 AFTER  THE  SUSPECT  HAS  BEEN  IDENTIFIED, OR THE DENIAL OF EXTRADITION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01579-01-5
              

 S. 996                              2
 
 BECAUSE THE SUSPECT COMMITTED AN OFFENSE IN ANOTHER JURISDICTION AND  IS
 BEING PROSECUTED FOR THAT OFFENSE.
   14.  "CLEARANCE RATE", WITH RESPECT TO A LAW ENFORCEMENT AGENCY, MEANS
 THE NUMBER OF OFFENSES CLEARED BY THE LAW ENFORCEMENT AGENCY,  INCLUDING
 THROUGH  CLEARANCE  BY ARREST AND CLEARANCE BY EXCEPTION, DIVIDED BY THE
 TOTAL NUMBER OF OFFENSES REPORTED TO THE LAW ENFORCEMENT AGENCY.
   15. "ELIGIBLE ENTITY" MEANS A  TRIBAL  OR  MUNICIPAL  LAW  ENFORCEMENT
 AGENCY OR PROSECUTING OFFICE, OR A GROUP OF TRIBAL LAW ENFORCEMENT AGEN-
 CIES OR TRIBAL PROSECUTING OFFICES.
   16.  "PROGRAM" MEANS THE GRANT PROGRAM ESTABLISHED UNDER SECTION EIGHT
 HUNDRED FORTY-FIVE-F OF THIS ARTICLE.
   § 2. The executive law is amended by adding a  new  section  845-f  to
 read as follows:
   §  845-F. SAFER COMMUNITIES GRANT PROGRAM. 1. AS USED IN THIS SECTION,
 "SPECIFIED OFFENSES" INCLUDES HOMICIDES, RAPES, SEXUAL ASSAULTS, KIDNAP-
 PINGS AND NON-FATAL SHOOTINGS.
   2. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE  OF
 THIS  SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ESTABLISH
 THE SAFER COMMUNITIES GRANT PROGRAM TO AWARD GRANTS TO ELIGIBLE ENTITIES
 FOR INVESTIGATIVE AND/OR  PROSECUTORIAL  ACTIVITIES  WITH  THE  SPECIFIC
 OBJECTIVE  OF  IMPROVING CLEARANCE RATES FOR CASES INVOLVING ONE OR MORE
 SPECIFIED OFFENSES.   GRANTS SHALL BE  IN  SUCH  AMOUNTS  AS  DETERMINED
 APPROPRIATE  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES ON A CASE-BY-
 CASE BASIS.
   3. AN ELIGIBLE ENTITY SEEKING A GRANT UNDER THE PROGRAM  SHALL  SUBMIT
 TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AN APPLICATION AT SUCH TIME
 AND  IN  SUCH  MANNER  AS DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE
 SERVICES CONTAINING OR ACCOMPANIED BY:
   (A) SUCH INFORMATION AS THE DIVISION OF CRIMINAL JUSTICE SERVICES  MAY
 REASONABLY REQUIRE; AND
   (B)  A  DESCRIPTION OF EACH ELIGIBLE PROJECT, AS DESCRIBED IN SUBDIVI-
 SION FIVE OF THIS SECTION, THAT THE GRANT WILL FUND.
   4. THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN SELECTING A RECIPIENT
 OF A GRANT UNDER THE PROGRAM,  SHALL  CONSIDER  THE  SPECIFIC  PLAN  AND
 ACTIVITIES  PROPOSED  BY  THE  APPLICANT  TO IMPROVE CLEARANCE RATES FOR
 SPECIFIED OFFENSES. ELIGIBLE APPLICANTS  THAT  DO  NOT  RECEIVE  FUNDING
 THROUGH THE GUN INVOLVED VIOLENCE ELIMINATION (GIVE) INITIATIVE ADMINIS-
 TERED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE GIVEN PRIOR-
 ITY IN THE ALLOCATION OF SAFER COMMUNITIES GRANT PROGRAM AWARDS.
   5.  A  GRANT  RECIPIENT  SHALL  USE  THE GRANT FOR ACTIVITIES WITH THE
 SPECIFIC OBJECTIVE OF IMPROVING  CLEARANCE  RATES  FOR  CASES  INVOLVING
 SPECIFIED OFFENSES, INCLUDING:
   (A)  ENSURING THE RETENTION OF DETECTIVES WHO ARE ASSIGNED TO INVESTI-
 GATE THE SPECIFIED OFFENSE OR OFFENSES AS OF THE DATE OF RECEIPT OF  THE
 GRANT;
   (B) HIRING AND TRAINING ADDITIONAL DETECTIVES WHO WILL BE DEDICATED TO
 INVESTIGATING SPECIFIED OFFENSES;
   (C) DEVELOPING POLICIES, PROCEDURES, AND TRAINING TO IMPROVE THE ABIL-
 ITY  OF  DETECTIVES TO EFFECTIVELY INVESTIGATE AND SOLVE CASES INVOLVING
 SPECIFIED OFFENSES, INCLUDING IMPLEMENTING BEST PRACTICES RELATING TO:
   (I) IMPROVING INTERNAL AGENCY  COOPERATION,  ORGANIZATIONAL  OVERSIGHT
 AND ACCOUNTABILITY, AND SUPERVISION OF INVESTIGATIONS;
   (II) DEVELOPING SPECIFIC GOALS AND PERFORMANCE METRICS FOR BOTH INVES-
 TIGATORS AND INVESTIGATIVE UNITS;
   (III) ESTABLISHING OR IMPROVING RELATIONSHIPS WITH THE COMMUNITIES THE
 AGENCY SERVES; AND
 S. 996                              3
 
   (IV)  COLLABORATION  WITH AND AMONG OTHER LAW ENFORCEMENT AGENCIES AND
 CRIMINAL JUSTICE ORGANIZATIONS;
   (D)  TRAINING  PERSONNEL  TO  ADDRESS  THE NEEDS OF VICTIMS AND FAMILY
 MEMBERS OF VICTIMS OF SPECIFIED OFFENSES OR COLLABORATING  WITH  TRAINED
 VICTIM ADVOCATES AND SPECIALISTS TO BETTER MEET VICTIMS' NEEDS;
   (E)  ACQUIRING,  UPGRADING, OR REPLACING INVESTIGATIVE, EVIDENCE PROC-
 ESSING, OR FORENSIC TESTING TECHNOLOGY OR EQUIPMENT;
   (F) DEVELOPMENT AND IMPLEMENTATION OF POLICIES  THAT  SAFEGUARD  CIVIL
 RIGHTS AND CIVIL LIBERTIES DURING THE COLLECTION, PROCESSING, AND FOREN-
 SIC TESTING OF EVIDENCE;
   (G)  HIRING  OR  TRAINING  PERSONNEL  FOR  COLLECTION, PROCESSING, AND
 FORENSIC TESTING OF EVIDENCE;
   (H) HIRING AND TRAINING OF PERSONNEL TO ANALYZE VIOLENT CRIME AND  THE
 TEMPORAL AND GEOGRAPHIC TRENDS AMONG SPECIFIED OFFENSES;
   (I)  RETAINING EXPERTS TO CONDUCT A DETAILED ANALYSIS OF HOMICIDES AND
 SHOOTINGS USING GUN VIOLENCE PROBLEM ANALYSIS (COMMONLY KNOWN AS "GVPA")
 OR A SIMILAR RESEARCH METHODOLOGY;
   (J) ENSURING VICTIMS HAVE APPROPRIATE ACCESS TO EMERGENCY FOOD,  HOUS-
 ING, CLOTHING, TRAVEL, AND TRANSPORTATION;
   (K)  DEVELOPING  COMPETITIVE  AND  EVIDENCE-BASED  PROGRAMS TO IMPROVE
 HOMICIDE AND NON-FATAL SHOOTING CLEARANCE RATES;
   (L) DEVELOPING BEST PRACTICES FOR IMPROVING ACCESS TO  AND  ACCEPTANCE
 OF  VICTIM  SERVICES, INCLUDING VICTIM SERVICES THAT PROMOTE MEDICAL AND
 PSYCHOLOGICAL WELLNESS, ONGOING COUNSELING, LEGAL ADVICE, AND  FINANCIAL
 COMPENSATION;
   (M) TRAINING INVESTIGATORS AND DETECTIVES IN TRAUMA-INFORMED INTERVIEW
 TECHNIQUES;
   (N) ESTABLISHING PROGRAMS TO SUPPORT OFFICERS WHO EXPERIENCE STRESS OR
 TRAUMA  AS A RESULT OF RESPONDING TO OR INVESTIGATING SHOOTINGS OR OTHER
 VIOLENT CRIME INCIDENTS; AND/OR
   (O) ENSURING LANGUAGE AND DISABILITY ACCESS SUPPORTS ARE  PROVIDED  TO
 VICTIMS,  SURVIVORS,  AND  THEIR  FAMILIES  SO THAT VICTIMS CAN EXERCISE
 THEIR RIGHTS AND PARTICIPATE IN THE CRIMINAL JUSTICE PROCESS.
   6. A GRANT MADE UNDER THE PROGRAM SHALL NOT EXCEED ONE HUNDRED PERCENT
 OF THE COST OF THE PROPOSED ACTIVITY IF  THE  GRANT  IS  AWARDED  ON  OR
 BEFORE  MARCH  THIRTY-FIRST, TWO THOUSAND THIRTY-SIX OR FIFTY PERCENT OF
 THE COST OF THE PROPOSED ACTIVITY IF THE GRANT IS  AWARDED  AFTER  MARCH
 THIRTY-FIRST, TWO THOUSAND THIRTY-SIX.
   7.  NOT LATER THAN ONE YEAR AFTER RECEIVING A GRANT UNDER THE PROGRAM,
 AND EACH YEAR THEREAFTER DURING WHICH THE ACTIVITY FUNDED BY  THE  GRANT
 IS CARRIED OUT, A GRANT RECIPIENT SHALL SUBMIT TO THE DIVISION OF CRIMI-
 NAL  JUSTICE  SERVICES  A REPORT ON THE ACTIVITIES CARRIED OUT USING THE
 GRANT, INCLUDING, IF APPLICABLE:  THE NUMBER OF HOMICIDE  AND  NON-FATAL
 SHOOTING  DETECTIVES  HIRED  BY  THE  GRANT  RECIPIENT;  THE  NUMBER  OF
 EVIDENCE-PROCESSING  PERSONNEL  HIRED  BY   THE   GRANT   RECIPIENT;   A
 DESCRIPTION OF ANY TRAINING THAT IS PROVIDED TO EXISTING (AS OF THE DATE
 ON  WHICH  THE  GRANT WAS AWARDED) OR NEWLY HIRED HOMICIDE AND NON-FATAL
 SHOOTING DETECTIVES AND DESIGNED TO ASSIST IN THE SOLVING OF CRIMES  AND
 IMPROVE  CLEARANCE  RATES;  ANY  NEW  EVIDENCE-PROCESSING  TECHNOLOGY OR
 EQUIPMENT PURCHASED OR ANY UPGRADES MADE TO EXISTING (AS OF THE DATE  ON
 WHICH  THE  GRANT WAS AWARDED) EVIDENCE TECHNOLOGY OR EQUIPMENT, AND THE
 ASSOCIATED COST; ANY ASSESSMENTS OF  EVIDENCE-PROCESSING  TECHNOLOGY  OR
 EQUIPMENT PURCHASED WITH GRANT FUNDS TO DETERMINE WHETHER SUCH TECHNOLO-
 GY OR EQUIPMENT SATISFIES THE OBJECTIVES OF THE USE OF THE TECHNOLOGY OR
 EQUIPMENT  IN  INCREASING  CLEARANCE RATES, AND ANY POLICIES IN PLACE TO
 GOVERN THE USE OF THE TECHNOLOGY OR EQUIPMENT; THE INTERNAL POLICIES AND
 S. 996                              4
 
 OVERSIGHT USED TO ENSURE THAT ANY TECHNOLOGY PURCHASED THROUGH THE GRANT
 FOR THE PURPOSES OF IMPROVING CLEARANCE RATES DOES NOT VIOLATE THE CIVIL
 RIGHTS AND CIVIL LIBERTIES  OF  INDIVIDUALS;  DATA  REGARDING  CLEARANCE
 RATES  FOR  HOMICIDES,  RAPES,  OTHER AGGRAVATED FELONIES, AND NON-FATAL
 SHOOTINGS, INCLUDING THE RATE OF CLEARANCES BY ARREST AND CLEARANCES  BY
 EXCEPTION,  AND  CRIME TRENDS FROM WITHIN EACH JURISDICTION IN WHICH THE
 GRANT RECIPIENT CARRIED OUT ACTIVITIES SUPPORTED BY THE  GRANT;  WHETHER
 THE  GRANT  RECIPIENT  HAS  PROVIDED  GRANT FUNDS TO ANY VICTIM SERVICES
 ORGANIZATIONS, AND IF SO, WHICH ORGANIZATIONS; THE DEMOGRAPHIC  INFORMA-
 TION  FOR  VICTIMS  OF  HOMICIDES, RAPES, OTHER AGGRAVATED FELONIES, AND
 NON-FATAL SHOOTINGS, AND THE LENGTH AND OUTCOMES OF EACH  INVESTIGATION,
 INCLUDING  WHETHER THE INVESTIGATION WAS CLEARED BY ARREST OR EXCEPTION;
 THE DEMOGRAPHIC INFORMATION FOR EACH VICTIM OR FAMILY MEMBER OF A VICTIM
 WHO RECEIVED VICTIM-RELATED SERVICES PROVIDED BY  THE  GRANT  RECIPIENT;
 AND  IDENTIFICATION OF THE SERVICES MOST USED BY VICTIMS AND THEIR FAMI-
 LIES AND IDENTIFICATION OF ADDITIONAL SERVICES NEEDED.
   8. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 AND  EVERY  TWO  YEARS  THEREAFTER,  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES SHALL CONDUCT AN EVALUATION OF THE PRACTICES DEPLOYED BY  GRANT
 RECIPIENTS  TO  IDENTIFY  POLICIES AND PROCEDURES THAT HAVE SUCCESSFULLY
 IMPROVED CLEARANCE RATES FOR HOMICIDES, RAPES, SEXUAL ASSAULTS,  KIDNAP-
 PINGS,  AND  NON-FATAL  SHOOTINGS;  AND  THE  EFFICACY  OF  ANY SERVICES
 PROVIDED TO VICTIMS AND FAMILY MEMBERS OF VICTIMS OF  HOMICIDES,  RAPES,
 SEXUAL  ASSAULTS,  KIDNAPPINGS,  AND NON-FATAL SHOOTINGS. NOT LATER THAN
 THIRTY DAYS AFTER COMPLETION OF AN EVALUATION THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE
 AND SPEAKER OF THE ASSEMBLY A REPORT INCLUDING THE RESULTS OF THE EVALU-
 ATION AND INFORMATION REPORTED BY EACH GRANT RECIPIENT UNDER SUBDIVISION
 SEVEN OF THIS SECTION.
   § 3. The sum of thirty million dollars ($30,000,000) is hereby  appro-
 priated  to  the division for each of fiscal years 2026 through 2036 out
 of any moneys in the state treasury in the general fund to the credit of
 the local assistance account, not otherwise appropriated, and made imme-
 diately available, for the purpose  of  establishing  safer  communities
 grant  program  to award grants to eligible entities for activities with
 the specific objective  of  improving  clearance  rates  for  homicides,
 rapes, sexual assaults, kidnappings, and non-fatal shootings.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.