Слике страница
PDF
ePub
[ocr errors][merged small][merged small]

term

[merged small][ocr errors][ocr errors][ocr errors]

vention, 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 twelve exofficio members. Each member shall be appointed to serve for a

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 ter 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 recomnendation 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 one representative from the staff of each of the following state departments and divisions: department of social services; department of health; education department; office of mental health; division of alcoholism and alcohol abuse; division of criminal justice services; division of probation and correctional alternatives; division for women; division for youth; crime victims board; and office of court administration.

(c) The governor shall appoint a member as chair of the advisory board to serve at the pleasure of the governor.

(d) The advisory board shall meet as often as deemed necessary by the chair or executive director but in no event less than two times per year.

(e) The members of the advisory board 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 board shall receive no additional

compensation for their services the advisory board 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 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.

$ 576. Batterers project. 1. Definitions. As used in this section:
(a) "Batterers program", means a program approved as provided herein
which is operated by a public or
not-for-profit organization for

the purpose of providing battering prevention and educational services whose goal is to help clients end abusive behaviors. Components of such

programs shall include but not be limited to: an educational instruction and group discussion model to provide information about domestic violence including the illegality of domestic violence, and the responsibility for and the alternative choices to abusive behavior; a long term group whose goal is to help end the violent behavior of its participants; and formal and established linkages to the local criminal justice system and to area domestic violence programs;

(0) "Client" means a person referred to a batterers program by an order of the family, criminal or supreme court, by a state, local or pri

a person who is self-referred, and who is accepted by (9) "Domestic violence program" means residential programs defined in subdivision four of section four hundred fifty-nine-a of the social services law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

on

vate agency,

or
the batterers program.

SUC

[ocr errors]

(d) "Domestic violence" means acts as referred to in and qualified by section four hundred fifty-nine-a of the social services law.

(e) "Office" means the New York state office for the prevention of domestic violence established by this article.

2. Establishment of batterer's programs; authorization. (a) The office is hereby authorized to contract, from amounts appropriated therefor, for the provision of not less than five batterers programs in counties as provided herein. No single contract for such a program shall exceed the sum of fifty thousand dollars per annum.

(b) In approving contracts pursuant to this section, the office shall seek to establish a meaningful balance between rural, urban and suburban counties.

(c) The office shall not approve contracts for establishment of programs in counties that have no access to domestic violence programs.

(d) In implementing the project authorized by this section and in carrying out its responsibilities hereunder the office shall consult with such other persons and

organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the cess of the project.

3. Establishment of batterers programs; eligibility: Prior to approving contracts authorized by this section, the office shall solicit applications from public or not-for-profit organizations which shall address the following:

(a) A description of the components of the proposed program, including but not limited to:

(1) the population to be served; (ii) the program objectives;

(iii) the implementation plan for the prevention and educational services to be provided, including the educational instruction and group discussion model and the long term group;

(iv) the reporting procedures designed to advise the referring court or agency of the client's attendance and participation in the program;

(v) the proposed annual budget of the program, including, in the case of any already established program, an assurance that funds received pursuant

to this act will not serve to substitute for any other funds ordinarily and customarily received by such organization for the provision of the program;

(vi) the formal and established or proposed linkages to area domestic violence programs and to the local criminal justice system,

including the judiciary, probation and police departments, and the district attorney;

(vii) the existing or proposed community education component of the prograin;

(viii) any other services proposed to be provided; and
(ix) any other information deemed necessary by the office.

(b) Assurance of planning, cooperation and coordination with, and sup-, port by, the domestic violence program, the criminal justice system,

and other appropriate officials and services.

(c) Assurance that the program will not provide couple counseling or mediation, as such terms shall be defined by the office.

(d) Assurance that the batterers program shall have policies regarding: (i) referrals for whom batterers programs are not appropriate; (ii) suicide and homicide threats by clients; and (iii) confidentiality, in accordance with standards promulgated by the office.

(e) Assurance that the batterers program will participate in the designated training program and evaluation process to be provided required herein by the office.

4. Establishment of batterers programs; approval. In approving any program for inclusion in the project authorized by this section, the office shall consider the following:

(a) Whether in the county in which the proposed batterers program to operate there exists or can be established coordinated criminal justice response

to domestic violence, including the development and coordination of judicial, law enforcement, probation, and prosecutorial policies;

(b) Whether the establishment of a batterers program has the support of the judiciary, which shall be provided or assured in such manner form as is acceptable to the office;

(c) Whether the organization proposing to contract for such batterers program has the capacity to plan for and operate such program;

as

a

and

[ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors]

as

[ocr errors][ocr errors]

(d) Whether the organization proposing to contract for such batterers program has the ability and intention to work cooperatively with the office in operating and evaluating the effectiveness of such program; and

(e) Such other factors as may be deemed necessary or appropriate by the office to implement the provisions of this section.

5. Training and technical assistance. (a) The office shall, in conjunction with the division of probation and correctional alternatives, provide or arrange to be provided technical assistance and training as requested or necessary to programs approved pursuant to this act

to develop appropriate services and train staff, improve coordination with the domestic violence program, other appropriate support services,

the criminal justice system, including the judiciary, the police, the district attorney, and other appropriate officials and services.

(b) The office shall, in conjunction with the division of probation and correctional alternatives, provide any requested or necessary sistance to local departments of probation to assist in the development of local plans, policies and procedures for case referral, coordination, and monitoring of clients with appropriate agencies and persons.

6. Evaluation and reports. (8) The office shall evaluate the project. In implementing its responsibilities under this subdivision the office shall consult with such other persons and organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the success of the evaluation. The evaluation shall measure profram operation and effectiveness.

(i) The evaluation of program implementation and operation shall examine the following factors:

(A) pertinent and appropriate factors concerning clients including but not limited to age,

education,
income, employment

status,

marital status, number of children and their ages, alcohol or substance use, and personal history of family violence;

(B) the total number of clients referred to the program, identified by referral source;

(C), the total number of persons determined to be inappropriate for services, and the reasons therefor;

(D) the number of clients enrolled in the program, the number completing the program, the number failing to complete and the reasons therefor;

(E) the number of classes or group meetings; and (F) such other factors as the office may deem necessary and appropriate. (11) The evaluation of program outcome shall include but not be limited to: (A) unofficial, self-reported incidence of domestic violence prior to referral to the program, during program participation, and following program completion at time intervals deemed appropriate during the evaluation process;

and (B) such other factors as shall be deemed significant in measuring outcome.

(b), The office shall develop, standardized data collection tools, procedures for data collection and guidelines for confidentiality of the information collected for the evaluation specified in paragraph (a) of this subdivision. The office shall consult with and consider the bents of such other persons and organizations with expertise in the field of domestic violence as may be necessary to assure the

appropriateness of such tools, procedures, and guidelines.

(c) The office shall prepare and submit to the governor, the temporary president of the senate and the speaker of the assembly not later than May fifteenth, nineteen hundred ninety-three, a final report regarding the implementation, operation and evaluation of the project. Such report shall include data on each of the factors specified in paragraph (a) of this subdivision, and any recommendations for change or improvement of the project. In making and preparing such report the office shall consult with and consider the comments of such other persons and organizations with expertise in the field of domestic violence as may be necessary or appropriate to assure the completeness of the report.

()In addition, the final report required by paragraph (c) of this subdivision shall include an evaluation analyzing the effectiveness of regarding the continuation of the programs, based on such evaluation.

programs comprising the project and shall include recommendations EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

the

§ 3. Chapter 411 of the laws of 1988, relating to creating a batterers program to be administered by the division of probation and correctional alternatives, is repealed.

§ 4. That part, entitled "DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES", of section i of chapter 53 of the laws of 1992, enacting the aid to localities budget,, is amended by deleting therefrom the items hereinbelow set forth in brackets as follows:

DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES

COMMUNITY CORRECTIONS PROGRAM

General Fund

Local Assistance Account

[For services and expenses, pursuant to a

chapter of the laws of 1992, to continue a pilot program on battering

175,000 For services and expenses, pursuant to a

chapter of the laws of 1992, to continue a pilot program on battering

100,000] § 5. That part, entitled "MISCELLANEOUS", of section 1 of chapter 53 of the laws of 1992, enacting the aid to localities budget,

is amended by adding thereto the items hereinbelow set forth in italics as follows:

MISCELLANEOUS

NOT-FOR-PROFIT SHORT TERM REVOLVING LOAN FUND

Fiduciary Funds

Not-For-Profit Revolving Loan Fund
For the purpose of making loans from the not-for-profit

short term revolving loan fund to eligible not-for

profit organizations The amount of $240,000 is appropriated for transfer from

the not-for-profit short term revolving loan fund to the general fund of any moneys heretofore or hereinafter transferred from the general fund to the not-for-profit short term revolving loan fund in excess of $1,360,000

4,080,000

240,000

NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE

General Fund

Local Assistance Account

а

For services and expenses to continue a

pilot program on battering pursuant to chapter of the laws of 1992, provided however that no more than $66,500 may

be transferred to the office for administrative expenses incurred in the operations of the program

275,000

§. 6. (a) Notwithstanding any provision of law to the contrary, all the rights, powers, obligations and duties previously held or exercised by the previously created office for the prevention of domestic violence and any appropriations made and enacted for such office

pursuant to chapter 50 of the laws

of 1992, constituting the state operations budget,, shall be transferred and assigned to, assumed by, and devolved upon the New York state office for the prevention of domestic violence, as established by this act, and any business or other matter undertaken or commenced by such previously created office may be conducted and completed by the office established by this act; and

(b) the officers and employees of the previously created office shall be transferred without further examination or qualification and shall retain their respective civil service classification and status, provided that any such employee who at the time of such transfer has a temporary provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made, and any employee holding permanent appointment to

or

[merged small][ocr errors][merged small]

a competitive class position who is not transferred pursuant to this section or not otherwise retained in his or her position shall have his or her name entered upon an appropriate preferred list for reinstatement pursuant to the civil service law; and

(c) any other provision of any other law to the contrary notwithstanding, programs previously approved as batterers programs and funded pursuant to chapter 411 of the laws of 1988 are hereby continued under the auspice of the New York state office for the prevention of domestic violence created pursuant to this act; and

(d) notwithstanding any provision of law to the contrary, for the pur-
poses of article XI -B of the state finance law, relating to prompt
tracting with not-for-profit agencies, a fully executed multi-year con-
tract with any not-for-profit agency for the operation of a batterers
program pursuant to chapter 211 of the laws of 1988 shall continue in
full force and effect and without interruption notwithstanding the
change in agency auspice required by this act, and the office shall not
be liable for any interest payments otherwise required by such article
XI-B of the state finance law.

§ 7. This act shall take effect immediately, provided, however, that
the provisions of subdivision (d) of section six of this act shall
pire and be deemed repealed on March 31, 1993.

con

ex

[ocr errors]

CHAPTER 464

COV

[ocr errors]

one

AN ACT to amend the insurance law, in relation to including certain
newly born infants adopted by an insured with "family contract"
erage
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subparagraph (C) of paragraph 4 of subsection (c) of section 3216 of the insurance law, as amended by chapter 131 of the laws of 1992, is amended to read as

follows: (C) Any family coverage shall provide that coverage of newborn infants, including newly born infants adopted by the insured or subscriber if such insured or subscriber takes physical custody of the infant upon such infant's release from the hospital and files a petition pursuant to section hundred fifteen-c of the domestic relations law within thirty days of birth; and provided further that no notice of revocation to the adoption has been filed pursuant to section one hundred fifteen-b of the domestic relations law and consent to the adoption has not been revoked, shall be effective from the moment of birth' for injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities including premature birth, except that in cases of adoption, coverage of the initial hospital stay shall not be required where

a natural parent has insurance coverage available for the infant's care.

In the case of individual coverage the insurer must also permit the person to whom the policy is issued to elect such coverage of newborn infants from the moment of birth. If notification and or payment of an additional premium or contribution is required to make coverage effective for a newborn infant, the coverage may provide that such notice and/or payment be made within no less than thirty days of the day of birth to make

coverage

effective from the moment of birth. This election shall not be required in the case of stu

2. Paragraph 2 of subsection (f) of section 4235 of the insurance law, as amended by chapter 131 of the laws of 1992, is amended to read as follows:

(?). Notwithstanding any rule, regulation of law to the contrary, any family coverage available under this article shall provide that coverage EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors][ocr errors]

dent insurance.

« ПретходнаНастави »