Directs the division of criminal justice services to accept electronic submission of reports or other information from local law enforcement agencies.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Huntley, Krueger
BILL NUMBER:S6427 REVISED 03/01/12
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: 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.
2. Enacting clause.
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 identify 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The method of transmission of such information, however, is severely outdated.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 information, 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 enforcement departments have begun planning for the future and investing in digitizing their forms and procedures. As a result of this ban, localities 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: New bill.
FISCAL IMPLICATIONS: Initial cost in regards to developing a system to accept electronic records, but greater long-term efficiency savings.
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 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 and directed to be made and completed by the commissioner of the division of criminal justice services on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6427 IN SENATE February 8, 2012 ___________Introduced by Sen. GALLIVAN -- 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 accept electronic submission of reports or other information from local law enforcement agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 837-a of the executive law is amended by adding a new subdivision 10 to read as follows: 10. ACCEPT FROM LOCAL LAW ENFORCEMENT AGENCIES DELIVERY BY ELECTRONIC MEANS OF ALL REPORTS OR OTHER INFORMATION AND DATA WITH RESPECT TO CRIMES, WHICH ARE COLLECTED BY THE DIVISION, INCLUDING, BUT NOT LIMITED TO, UNIFORM CRIME REPORTS, INCIDENT-BASED REPORTS, DOMESTIC INCIDENT REPORTS AND SEX OFFENDER CHANGE OF ADDRESS INFORMATION. TO THE EXTENT OF SUCH TRANSMITTAL OR TRANSMITTALS, SUCH ACTION BY A LOCAL LAW ENFORCEMENT AGENCY SHALL BE DEEMED TO SATISFY RESPONSIBILITIES OTHERWISE IMPOSED UPON SUCH AGENCY BY LAW, RULE OR REGULATION. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law; provided that, effec- tive 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 and directed to be made and completed by the commis- sioner of the division of criminal justice services on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14389-01-2