840 - Functions, powers and duties of council.
§ 840. Functions, powers and duties of council. 1. The council may recommend to the governor rules and regulations with respect to: (a) The approval, or revocation thereof, of police training schools administered by municipalities; (b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved municipal police training schools; (c) Minimum qualifications for instructors at approved police training schools; (d) The requirements of minimum basic training which police officers appointed to probationary terms shall complete before being eligible for permanent appointment, and the time within which such basic training must be completed following such appointment to a probationary term; (e) The requirements of minimum basic training which police officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, and the time within which such basic training must be completed following such appointment on a non-permanent basis; (f) The requirements of minimum basic training which peace officers must complete before being eligible for certification as peace officers, pursuant to section 2.30 of the criminal procedure law; (g) Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to such categories or classifications; and (h) Exemptions from particular provisions of this article in the case of any city having a population of one million or more, or in the case of the state department of correctional services if in its opinion the standards of police officer or peace officer training established and maintained by such city or department are higher than those established pursuant to this article; or revocation in whole or in part of such exemption, if in its opinion the standards of police officer or peace officer training established and maintained by such city or department are lower than those established pursuant to this article. (i) The establishment, in cooperation with the division of state police, of a formalized consumer product tampering training program for all law enforcement personnel. (j) (1) Development, maintenance and dissemination of written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; (2) establishment and implementation on an ongoing basis, of a training program for all current and new police officers regarding the policies and procedures established pursuant to this paragraph; and (3) establishment of a training program for police officers whose main responsibilities are juveniles and the laws pertaining thereto, which training program shall be successfully completed before such officers are accredited pursuant to section eight hundred forty-six-h of this chapter. (k) Development, maintenance and dissemination of written policies and procedures pursuant to article twenty-six of the agriculture and markets law, section 352.3 of the family court act as it applies to companionanimals, and applicable provisions of the penal law, regarding the investigation and prevention of any act of cruelty to animals. (l) Exemptions from particular provisions of this article in the case of peace officers appointed by the superintendent of state police if in its opinion the standards of peace officer training provided by the division of state police exceed those established pursuant to this article. (m) Establishment and implementation on an ongoing basis, of a training program for all current and new police officers and peace officers regarding the policies and procedures established pursuant to paragraph (k) of this subdivision. 2. The council shall promulgate, and may from time to time amend, such rules and regulations prescribing height, weight and physical fitness requirements for eligibility of persons for provisional or permanent appointment in the competitive class of the civil service as police officers of any county, city, town, village or police district as it deems necessary and proper for the efficient performance of police duties. 2-a. The council, in consultation with the state commission of correction, shall promulgate rules and regulations with respect to: (a) The approval, or revocation thereof, of basic and other correctional training programs administered by municipalities; (b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved basic and other correctional training programs; (c) Minimum qualifications for instructors at approved basic and other correctional training programs; and (d) The requirements of a minimum basic correctional training program required by subdivision nine of section eight hundred thirty-seven-a of this article. 3. The council shall, in addition: (a) Consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in section eight hundred forty-one of this article; (b) Recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section; (c) Visit and inspect any police training school and correctional training programs approved by the commissioner or for which application for such approval has been made; (d) Make recommendations, from time to time, to the commissioner, the governor and the legislature, regarding the carrying out of the purposes of this section; (e) Perform such other acts as may be necessary or appropriate to carry out the functions of the council; (f) Develop, maintain and disseminate, in consultation with the state office for the prevention of domestic violence, written policies and procedures consistent with article eight of the family court act and applicable provisions of the criminal procedure and domestic relations laws, regarding the investigation of and intervention by new and veteran police officers in incidents of family offenses. Such policies and procedures shall make provisions for education and training in the interpretation and enforcement of New York's family offense laws, including but not limited to: (1) intake and recording of victim statements, on a standardized "domestic violence incident report form" promulgated by the division of criminal justice services in consultation with the superintendent of state police, representatives of local police forces and the stateoffice for the prevention of domestic violence, and the investigation thereof so as to ascertain whether a crime has been committed against the victim by a member of the victim's family or household as such terms are defined in section eight hundred twelve of the family court act and section 530.11 of the criminal procedure law; and (2) the need for immediate intervention in family offenses including the arrest and detention of alleged offenders, pursuant to subdivision four of section 140.10 of the criminal procedure law, and notifying victims of their rights, including but not limited to immediately providing the victim with the written notice required in subdivision six of section 530.11 of the criminal procedure law and subdivision five of section eight hundred twelve of the family court act; (g) Develop, maintain and disseminate, in consultation with the state division of human rights and the state civil service department, written policies and procedures to enhance police and correctional officer recruitment efforts and to increase police and correctional officer awareness of racial, ethnic, religious and gender differences, and other diversity issues, in communities served by such police and in correctional facilities; and (h) Consult with the state commission of correction regarding correctional training programs.