Bill S8308-2009

Relates to establishing a gang assessment, intervention, prevention and suppression program

Relates to establishing a gang assessment, intervention, prevention and suppression program.

Details

Actions

  • Jun 24, 2010: SUBSTITUTED BY A11087
  • Jun 24, 2010: ORDERED TO THIRD READING CAL.1207
  • Jun 22, 2010: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 24, 2010
Ayes (21): Smith, Espada, Stachowski, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Johnson O, Volker, Farley, LaValle, Seward, Hannon, Larkin, Saland
Ayes W/R (1): Montgomery
Absent (1): Padavan

Memo

BILL NUMBER:S8308

TITLE OF BILL: An act to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program

PURPOSE OR GENERAL IDEA OF BILL: To require the division of criminal justice services ("DCJS") to deploy the division of state police to develop a coordinated law enforcement response to gang ,related criminal activities in communities across the state.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the executive law by adding a new section 837-s to create a gang assessment, intervention, prevention, and suppression program to be administered by the commissioner of DCJS. The superintendent of the division of state police, in conjunction with local, state, federal law enforcement and county prosecution offices, shall develop a strategy for the suppression of gang related criminal activity. The commissioner shall award grant monies, as available, to district attorneys offices to stop gang related activities in their respective counties. The superintendent shall also establish and maintain, within the division, a gang clearinghouse as a central repository of information relating to gangs operating within the state.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION: The assistance, expertise, and professionalism of DCJS and state police women and men are desperately needed by many communities that find themselves overwhelmed by gang violence and criminality.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 8308 IN SENATE June 22, 2010 ___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. GANG ASSESSMENT, INTERVENTION, PREVENTION AND SUPPRESSION PROGRAM. 1. THERE IS HEREBY CREATED WITHIN THE DIVISION A GANG ASSESS- MENT, INTERVENTION, PREVENTION AND SUPPRESSION PROGRAM TO BE ADMINIS- TERED BY THE COMMISSIONER TO DISTRIBUTE FUNDS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION FOR THE PURPOSE OF ELIMINATING THE SCOURGE OF GANG RELATED CRIMINAL ACTIVITY IN NEW YORK STATE. 2. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, IN COOPERATION WITH ALL LOCAL, STATE AND FEDERAL LAW ENFORCEMENT PERSONNEL, AND THE DISTRICT ATTORNEYS IN NEW YORK STATE, SHALL DEVELOP AND IMPLEMENT A STRATEGY FOR THE SUPPRESSION OF GANG RELATED CRIMINAL ACTIVITY. THE STRATEGY SHALL INCLUDE, BUT NOT BE LIMITED TO, IDENTIFYING AND PROSECUT- ING THE CORE LEADERSHIP OF CRIMINAL STREET GANGS WHO MAY BE VIOLATING FEDERAL, STATE OR LOCAL LAWS, AND COOPERATING WITH ALL FEDERAL LAW ENFORCEMENT AGENCIES AND APPROPRIATE PROSECUTORIAL AGENCIES AND LAW ENFORCEMENT AGENCIES IN OTHER STATES IN THE INVESTIGATION AND ENFORCE- MENT OF OUR PENAL LAWS. DISTRICT ATTORNEYS ARE AUTHORIZED AND DIRECTED TO ENTER INTO COLLABORATIVE AGREEMENTS WITH PROSECUTORIAL AND OTHER GOVERNMENTAL AGENCIES AND ENTITIES IN SUPPLIER STATES IN AN EFFORT TO STOP GANG RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE. 3. THE COMMISSIONER SHALL AWARD GRANT MONIES, AS AVAILABLE, TO DISTRICT ATTORNEYS FOR PROGRAMS WHICH ARE DESIGNATED TO STOP GANG RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE. TO QUALIFY FOR SUCH GRANT MONIES, A DISTRICT ATTORNEY MUST SUBMIT AN APPLICATION TO THE COMMIS- SIONER IN ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE DIVISION. THE APPLICATION SHALL AT A MINIMUM:
(A) INCLUDE AN ASSESSMENT OF GANG RELATED CRIMINAL ACTIVITIES IN THE TARGETED AREA; (B) OFFER A PLAN FOR STATE INTERVENTION AND PREVENTION OF SUCH ACTIV- ITIES; AND (C) PREVIEW A COORDINATED LAW ENFORCEMENT STRATEGY FOR SUPPRESSION OF GANG RELATED ILLEGALITIES WITHIN THE AFFECTED COMMUNITY. FUNDS AWARDED UNDER THIS SECTION MAY BE USED TO SUPPLEMENT FEDERAL, STATE OR LOCAL FUNDS. 4. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ESTABLISH AND MAINTAIN WITHIN THE DIVISION A GANG CLEARINGHOUSE AS A CENTRAL REPOSITORY OF INFORMATION, COMING INTO THE POSSESSION OF ANY STATE OR LOCAL LAW ENFORCEMENT ENTITY, REGARDING ALL CRIMINAL GANGS FOUND TO BE OPERATING WITHIN NEW YORK STATE. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING REPORT- ING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES, INCLUD- ING THE FORM FOR REPORTING SUCH INFORMATION. S 2. This act shall take effect immediately.

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