§ 575. New York state office for the prevention of domestic violence.
1. Establishment of office. There is hereby established within the
executive department the "New York state office for the prevention of
domestic violence", hereinafter in this section referred to as the
"office".

2. Duties and responsibilities. The office shall advise the governor
and the legislature on the most effective ways for state government to
respond to the problem of domestic violence. In fulfilling this
responsibility, the office shall consult with experts, service providers
and representative organizations in the field of domestic violence and
shall act as an advocate for domestic violence victims and programs.

3. Activities. In addition, the office shall develop and implement
policies and programs designed to assist victims of domestic violence
and their families, and to provide education and prevention, training
and technical assistance. Such domestic violence-related activities
shall include, but not be limited to:

(a) Serving as a clearinghouse for information and materials;

(b) Developing and coordinating community outreach and public
education throughout the state;

(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:

(i) domestic violence;

(ii) health and mental health;

(iii) social and human services;

(iv) public education;

(v) law enforcement and criminal justice;

(vi) alcohol and substance abuse;

(d) Developing and promoting school-based prevention programs;

(e) Providing technical assistance to state and local government
bodies and other agencies and to private not-for-profit corporations, on
effective policies and responses to domestic violence, including
development of model domestic violence policies, pursuant to
subdivisions seven, eight and nine of this section;

(f) Promoting and facilitating interagency cooperation among state
agencies and intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of services;

(g) Operating as an advocate for domestic violence services and
victims;

(h) Undertaking program and services needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;

(i) Examining the relationship between domestic violence and other
problems and making recommendations for effective policy response;

(j) Collecting data, conducting research, and holding public hearings;

(k) Making periodic reports to the governor and the legislature
recommending policy and program directions and reviewing the activities
of the office;

(l) Developing and promoting senior center based prevention programs;

(m) promoting best practices for abusive partner intervention;

(n) Administering grant funds appropriated and made available to
support compliance with article one hundred twenty-nine-b of the
education law; and undertaking such actions, duties, and
responsibilities as may be necessary to serve the purpose of article one
hundred twenty-nine-b of the education law; and

(o) (i) Within amounts appropriated for such purpose, the office shall
contract with an organization designated by the federal department of
health and human services to coordinate statewide improvements within
local communities, social services systems, and programming regarding
the prevention and intervention of domestic violence in New York state
to mutually develop a training program as described in this paragraph.
The office and such organization shall be responsible for providing such
training to psychiatrists, psychologists and social workers who are
licensed in the state of New York, so that such individuals may conduct
court ordered forensic evaluations, involving child custody and
visitation pursuant to paragraph (a-3) of subdivision one of section two
hundred forty of the domestic relations law; for consulting with
domestic violence service providers and representative organizations in
the field of domestic violence when such training is provided in their
communities; and for reviewing and updating training topics at least
once every two years. Such training shall include, but not be limited
to, a review of: relevant statutes; case law and psychological
definitions of domestic violence; coercive control and child abuse; the
dynamics and effects of domestic violence and child abuse, including but
not limited to, emotional, financial, physical, technological and sexual
abuse; the barriers and fears associated with reporting domestic
violence and child abuse and why victims may not have documented
evidence of abuse; tactics commonly used by one party to induce fear in
another party or child, including verbal, emotional, psychological,
and/or economic abuse, isolating techniques, coercive control, and
monitoring of a partner's location and activities; litigation abuse and
demands for custody or joint custody in order to pressure the partner to
return or punish the partner for leaving; trauma, particularly as it
relates to sexual abuse and the risks posed to children and the
long-term dangers and impacts imposed by the presence of adverse
childhood experiences; the increased risk of escalating violence that
occurs during child custody proceedings; and the danger of basing child
custody decisions on claims that a child's deficient or negative
relationship with a parent is caused by the other parent.

(ii) The office, in consultation with the organization designated by
the federal department of health and human services to coordinate
statewide improvements within local communities, social services
systems, and programming regarding the prevention and intervention of
domestic violence in New York state, shall determine a reasonable number
of training-hours that shall be required for the first instance such
program is provided to psychiatrists, psychologists and social workers
and a reasonable number of training-hours that shall be required for
subsequent refresher courses provided to such individuals.

(iii) The organization designated by the federal department of health
and human services to coordinate statewide improvements within local
communities, social services systems, and programming regarding the
prevention and intervention of domestic violence in New York state shall
be responsible for providing a certification of completion to each
psychiatrist, psychologist or social worker who satisfies the
requirements of such training program, so that such individuals may
conduct court ordered forensic evaluations involving child custody and
visitation pursuant to paragraph (a-3) of subdivision one of section two
hundred forty of the domestic relations law; and

(p) Any other activities including the making of and promulgation of
rules and regulations deemed necessary to facilitate the prevention of
domestic violence within the scope and purview of this article which are
not otherwise inconsistent with any other provisions of law.

4. Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues and effective
strategies for the prevention of domestic violence, to assist in the
development of appropriate policies and priorities for effective
intervention, public education and advocacy, and to facilitate and
assure communication and coordination of efforts among state agencies
and between different levels of government, state, federal, and
municipal, for the prevention of domestic violence.

(b) The advisory council shall consist of nine members and seventeen
ex-officio members. Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise in the area of domestic
violence. Three members shall be appointed by the governor, two members
shall be appointed upon the recommendation of the temporary president of
the senate, two members shall be appointed upon the recommendation of
the speaker of the assembly, one member shall be appointed upon the
recommendation of the minority leader of the senate, and one member
shall be appointed upon the recommendation of the minority leader of the
assembly. The ex-officio members of the advisory board shall consist of
the director of the office, who shall chair the council, and the
following members or their designees: the commissioner of the office of
temporary and disability assistance; the commissioner of the department
of health; the commissioner of the education department; the
commissioner of the office of mental health; the commissioner of the
office of addiction services and supports; the commissioner of the
division of criminal justice services; the superintendent of the
division of state police; the director of the office of probation and
correctional alternatives; the commissioner of the office of children
and family services; the director of the office of victim services; the
chief administrative judge of the office of court administration; the
commissioner of the department of labor; the director of the state
office for the aging; the commissioner of the department of corrections
and community supervision; the commissioner of homes and community
renewal; the chief executive officer of the New York state coalition
against domestic violence; and the executive director of the New York
state coalition against sexual assault.

(c) The advisory council shall meet as often as deemed necessary by
the chair but in no event less than two times per year.

(d) The members of the advisory council shall receive no salary or
other compensation for their services but shall be entitled to
reimbursement for actual and necessary expenses incurred in the
performance of their duties within amounts made available by
appropriation therefor subject to the approval of the director of the
budget. The ex-officio members of the advisory council shall receive no
additional compensation for their services on the advisory council above
the salary they receive from the respective departments or divisions
that employ them.

5. Executive director. (a) The governor shall appoint an executive
director of the office who shall serve at the pleasure of the governor.

(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be entitled to reimbursement for reasonable expenses incurred in
connection with the performance of the director's duties.

(c) The director of the office, with the approval of the governor, may
accept as agent of the state any grant, including federal grants, or any
gift or donation for any of the purposes of this article. Any moneys so
received may be expended by the office to effectuate any purpose of this
article, subject to the applicable provisions of the state finance law.

(d) The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.

6. Assistance of other agencies. The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant to
this article.

7. Model domestic violence policy for counties. (a) The office shall
convene a task force of county level municipal officials, municipal
police and members of the judiciary, or their representatives, and
directors of domestic violence programs, including representatives from
a statewide advocacy organization for the prevention of domestic
violence, to develop a model domestic violence policy for counties. For
the purposes of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except that
the city of New York shall be deemed to be one county. The office shall
give due consideration to the recommendations of the governor, the
temporary president of the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.

(b) The purpose of the model policy shall be to provide consistency
and coordination by and between county agencies and departments,
including criminal justice agencies and the judiciary, and, as
appropriate, by municipalities or other jurisdictions within the county
and other governmental agencies and departments, by assuring that best
practices, policies, protocols and procedures are used to address the
issue of domestic violence, and to secure the safety of the victim
including, but not limited to:

(i) response, investigation and arrest policies by police agencies;

(ii) response by other criminal justice agencies, including
disposition of domestic violence complaints, the provision of
information and orders of protection;

(iii) response by human services and health agencies, including
identification, assessment, intervention and referral policies and
responses to victims and the perpetrators of domestic violence;

(iv) training and appropriate and relevant measures for periodic
evaluation of community efforts; and

(v) other issues as shall be appropriate and relevant for the task
force to develop such policy.

(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the
availability of such model domestic violence policy shall be made by the
office to every county in the state, and copies of the policy shall be
made available to them upon request.

(d) The office in consultation with the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the prevention domestic violence,
shall provide technical support, information and encouragement to
counties to implement the provisions of the model policy on domestic
violence.

(e) Nothing contained in this subdivision shall be deemed to prevent
the governing body of a county from designating a local advisory
committee to investigate the issues, work with providers of domestic
violence programs and other interested parties, and to aid in the
implementation of the policy required by this subdivision. Such
governing body or advisory committee may request and shall receive
technical assistance from the office for the development of such a
policy. Implementation of the model domestic violence policy may take
place in a form considered appropriate by the governing body of a
county, including guidelines, regulations and local laws.

(f) The office shall survey county governments within four years of
the effective date of this subdivision to determine the level of
compliance with the model domestic violence policy, and shall take such
steps as shall be necessary to aid county governments in the
implementation of such policy.

8. State domestic violence policy. (a) The office shall survey every
state agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that have a direct or indirect
bearing on the state's efforts and abilities to address the issue of
domestic violence including, but not limited to, the provision of
services to victims and their families. Within two years of the
effective date of this subdivision, the office shall compile such
information and provide a report, with appropriate comments and
recommendations, to the governor and the legislature. For the purposes
of this subdivision, "state agency" shall have the same meaning as such
term is defined in section two-a of the state finance law.

(b) Within three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and
domestic violence intervention act of 1994".

(c) No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or other procedure,
including a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic violence, or the provision
of services by residential or non-residential domestic violence
programs, as such terms are defined in section four hundred fifty-nine-a
of the social services law, or establish a grant program directly or
indirectly affecting such victims of domestic violence or providers of
service, without first consulting the office, which shall provide all
comments in response to such rules, guidelines or procedures in writing
directly to the chief executive officer of such agency, to the
administrative regulations review committee and to the appropriate
committees of the legislature having jurisdiction of the subject matter
addressed within two weeks of receipt thereof, provided that failure of
the office to respond as required herein shall not otherwise impair the
ability of such state agency to promulgate a rule. This paragraph shall
not apply to an appropriation which finances a contract with a
not-for-profit organization which has been identified for a state agency
without the use of a request for proposals.

9. Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the
business community, employees, employee organizations, representatives
from the department of labor and the empire state development
corporation, and directors of domestic violence programs, including
representatives of statewide advocacy organizations for the prevention
of domestic violence, to develop a model domestic violence employee
awareness and assistance policy for businesses.

The office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.

(b) The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies,
protocols and procedures in order that they ascertain domestic violence
awareness in the workplace, assist affected employees, and provide a
safe and helpful working environment for employees currently or
potentially experiencing the effects of domestic violence. The model
plan shall include but not be limited to:

(i) the establishment of a definite corporate policy statement
recognizing domestic violence as a workplace issue as well as promoting
the need to maintain job security for those employees currently involved
in domestic violence disputes;

(ii) policy and service publication requirements, including posting
said policies and service availability pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;

(iii) a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and case
management programs, legal assistance and advocacy opportunities for
affected employees;

(iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and other affirmative
safeguards;

(v) training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and

(vi) other issues as shall be appropriate and relevant for the task
force in developing such model policy.

(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than one year
after the effective date of this subdivision. The office shall make
every effort to notify businesses of the availability of such model
domestic violence employee awareness and assistance policy.

(d) The office in consultation with the task force, providers of
services, the advisory council, the department of labor, the empire
state development corporation, and representatives of statewide advocacy
organizations for the prevention of domestic violence, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model domestic violence employee
awareness and assistance policy.

(e) Nothing contained in this subdivision shall be deemed to prevent
businesses from adopting their own domestic violence employee awareness
and assistance policy.

(f) The office shall survey businesses within four years of the
effective date of this section to determine the level of model policy
adoption amongst businesses and shall take steps necessary to promote
the further adoption of such policy.

10. Fatality review team. (a) There shall be established within the
office a fatality review team for the purpose of analyzing, in
conjunction with local representation, the domestic violence-related
death or near death of individuals, with the goal of:

(i) examining the trends and patterns of domestic violence-related
fatalities in New York state;

(ii) educating the public, service providers, and policymakers about
domestic violence fatalities and strategies for intervention and
prevention; and

(iii) recommending policies, practices, procedures, and services to
reduce fatalities due to domestic violence.

(b) A domestic violence-related death or near death shall mean any
death or near death caused by a family or household member as defined in
section eight hundred twelve of the family court act or section 530.11
of the criminal procedure law, except that there shall be no review of
the death or near death of a child for those cases in which the office
of children and family services is required to issue a fatality report
in accordance with subdivision five of section twenty of the social
services law.

(c) The team shall review deaths or near deaths in cases that have
been adjudicated and have received a final judgment and that are not
under investigation.

(d) Members of a domestic violence fatality review team shall be
appointed by the executive director, in consultation with the advisory
council, and shall include, but not be limited to, one representative
from the office of children and family services, the office of temporary
and disability assistance, the division of criminal justice services,
the state police, the department of health, the office of court
administration, the office of probation and correctional alternatives,
the department of corrections and community supervision, the office of
victim services, at least one representative from local law enforcement,
a county prosecutor's office, a local social services district, a member
of the judiciary, and a domestic violence services program approved by
the office of children and family services. A domestic violence fatality
review team may also include representatives from sexual assault
services programs, public health, mental health and substance abuse
agencies, hospitals, clergy, local school districts, local divisions of
probation, local offices of the department of corrections and community
supervision, the office of the medical examiner or coroner, any local
domestic violence task force, coordinating council or other interagency
entity that meets regularly to support a coordinated community response
to domestic violence, any other program that provides services to
domestic violence victims, or any other person necessary to the work of
the team, including survivors of domestic violence.

(e) The team shall identify potential cases and shall select which
deaths or near deaths will be reviewed each year. Localities may request
that the team conduct a review of a particular death or near death.

(f) The team shall work with officials and organizations within the
community where the death or near death occurred to conduct each review.

(g) Team members shall serve without compensation but are entitled to
be reimbursed for travel expenses to the localities where a fatality
review will be conducted and members who are full-time salaried officers
or employees of the state or of any political subdivision of the state
are entitled to their regular compensation.

(h) To the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:

(i) records maintained by a local social services district;

(ii) law enforcement records, except where the provision of such
records would interfere with an ongoing law enforcement investigation or
identify a confidential source or endanger the safety or welfare of an
individual;

(iii) court records;

(iv) probation and parole records;

(v) records from domestic violence residential or non-residential
programs;

(vi) records from any relevant service provider, program or
organization; and

(vii) all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall be
required to provide information or records concerning a person charged,
investigated or convicted in such death or near death in violation of
such person's attorney-client privilege.

(i) Any information or records otherwise confidential and privileged
in accordance with state law which are provided to the team shall remain
confidential as otherwise provided by law. All records received,
meetings conducted, reports and records made and maintained and all
books and papers obtained by the team shall be confidential and shall
not be open or made available, except by court order or as set forth in
paragraphs (k) and (l) of this subdivision.

(j) Any person who releases or permits the release of any information
protected under paragraph (i) of this subdivision to persons or agencies
not authorized to receive such information shall be guilty of a class A
misdemeanor.

(k) Team members and persons who present information to the team shall
not be questioned in any civil or criminal proceeding regarding any
opinions formed as a result of a meeting of the team. Nothing in this
section shall be construed to prevent a person from testifying as to
information which is obtained independently of the team or information
which is public.

(l) Team members are not liable for damages or other relief in any
action brought by reason of the reasonable and good faith performance of
a duty, function, or activity of the team.

(m) Consistent with all federal and state confidentiality protections,
the team may provide recommendations to any individual or entity for
appropriate actions to improve a community's response to domestic
violence.

(n) The team shall periodically submit a cumulative report to the
governor and the legislature incorporating the aggregate data and a
summary of the general findings and recommendations resulting from the
domestic violence fatality reviews completed pursuant to this
subdivision. The cumulative report shall thereafter be made available to
the public, consistent with federal and state confidentiality
protections.