Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations

Summary of specific provisions

Section 1.

The executive law is amended by adding a new section 837-s to read as follows:

(a) "Council" means the crime stoppers council established pursuant to subdivision two of section.

(b) Crime Stoppers organization means New York state Crime Stoppers Inc. or any not-for-profit organization which is a crime stoppers program approved for consideration for funding by the New York State Crime Stoppers, Inc., excluding any county of the city of New York.

2.

(a) Establishes a crime stoppers council that is comprised of 6 members. One member shall be the chair of the New York State Crime Stoppers, Inc., or his or her designee. One member shall be a member of a police agency. One member shall be a civilian who is not a member of a crime stoppers organization or a police agency. One member shall be a member of the media. One member shall be an attorney admitted to practice in the state. One member shall be an ex officio member from the office of the governor and shall be appointed by the governor. The initial appointment of the members to the council shall be completed by the commissioner within 60 days of the effective date. In addition, the commissioner shall also choose the chair of the council.

(b) The members shall serve terms of 2 years. The appointment of the member who is the chair of the council shall be permanent, and the ex-officio member from the office of the governor may be reappointed by the governor. A member of the council may be removed by the commissioner after he/she is given an opportunity to be heard in his or her defense.

(c) Any member appointed to fill a vacancy created other than by expiration will be appointed to fill only the unexpired term of the member. Vacancies caused by expiration of the term shall be filled in the same manner of the original appointments.

(d) The members shall not receive Compensation other than necessary and actual expenses incurred while in the performance of his or her duties (e) The council shall meet on a regular basis at the call of the commissioner or the chair. The members shall constitute a quorum for the conduct of business by the council, and no action shall be taken by the council without the approval of a majority of members.

3. The council will have the following functions, powers and duties;

(a) The council shall establish a certification process with regulations and make known which crime stopper organizations are eligible to receive grants pursuant this section.

(b) Provide training to crime stopper organizations.

(c) To require crime stopper organizations maintain separate bank accounts for grant monies awarded.

(d) To require any crime stoppers organization within the state, excluding New York City, to first become a member of New York State Crime Stoppers, Inc. and be approved as a properly functioning crime stoppers organization within the state before such organization can be considered by the council for funding.

(e) With the approval of the commissioner, the council will establish regulations providing grants to certified organization for administrative and training expenses and rewards paid to the general public for information leading to the apprehension of fugitives charged with or convicted of a felony. A schedule of payment shall be established based upon administrative expenses incurred, the types and amounts of training provided, and the severity of the felony with which the apprehended fugitive has been is charged or convicted. Regulations shall establish that grant funding shall be available and distributed to crime stoppers organizations based on the size of population of the area to be served by such organization.

§ 2. The section heading of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, is amended to read as follows:

A mandatory surcharge, sex offender registration fee, DNA data bank fee, supplemental sex offender victim fee, crime stoppers fee and crime victim assistance fee required in certain cases.

§ 3. Subdivision 1 of section 60.35 of the penal law is amended by adding a new paragraph (c) to read as follows:

(c) When a person is convicted of a violation, a misdemeanor or a felony and a sentence of probation is imposed therefore pursuant to article sixty-five of this title, the person convicted shall pay a crime stoppers fee of fifty dollars in addition to the mandatory surcharge and any other fee,

§ 4 Subdivisions 2, 3, 4 and 8 of section 60.53 of the penal law, subdivisions 2, 3, and 4 amended by section 1 of part E of chapter 56 of the laws of 2004 and subdivision 8 as amended by section 121 of

subpart B of part C of chapter 62 of the laws of 2011, are amended to read as follows;

A "crime stoppers fee" is to be included in subdivisions 2, 3, 4, an 8 Subdivision 3.

Within the first ten days of the month following collection of the crime stoppers fee, the collecting authority shall determine the amount of the crime stoppers fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the crime stoppers fund established by section eighty-one of the state finance law.

If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money attributable to the crime stoppers fee to the commissioner of taxation and finance to the credit of the crime stoppers fund established by section eighty-one of the state finance law.

§ 5. The state finance law is amended by adding a new section 81 to read as follow.

§ 81 Crime stoppers fund.

1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "crime stoppers fund".

2. Moneys in the crime stoppers fund shall be kept separately from and not be commingled with any other moneys in the joint or sole custody of the state comptroller or the commissioner of taxation and finance.

3. The crime stoppers fund shall consist of monies received by the state pursuant to paragraph (c) if subdivision one of section 60.35 of the penal law, and all other grants, bequests or other monies credited, appropriated or transferred thereto from any other fund or source.

4. The moneys in such fund, following appropriation by the legislature, shall be made available to the division of criminal justice services for allocation by the crime stoppers council, subject to the approval of the commissioner of such division, pursuant to section eight hundred thirtyseven-s of the executive law. Specifically, (a) twenty percent of such monies shall be disbursed for the administrative expenses of crime stoppers organizations in accordance with such section of the executive law; and (b) eighty percent of such monies shall be disbursed for grants to crime stoppers for rewards paid to members of the general public for the provision of information leading to the apprehension of fugitives charged with or convicted of a felony.

Justification

The Crime Stoppers Organization is collaboration between local, state, and federal law enforcement, the media, and the citizenry to capture

those that have committed crimes. This organization is an important tool used to solve and prevent crime; unfortunately, there is no clear way to successfully finance it. This legislation provides a clear method for generating and distributing certain funds to Crime Stoppers Organizations around New York State.

Crime Stoppers Organizations present an opportunity for New Yorkers to report criminal activity in their communities anonymously. Crime Stoppers encourages participation by providing rewards to those making the call. This transfer of vital information is accomplished by using a Crime Stoppers organization as an intermediary between the person and law enforcement. To see the successes of Crime Stoppers Organizations, we look at other states, such as Florida, Pennsylvania, and Texas, all utilizing Crime Stoppers Organizations.

This legislation advances another tool in our arsenal to fight crime. It provides a revenue stream that is generated by fines incurred by those found to be guilty of committing a felony. It creates a council to distribute those funds to Crime Stoppers Organizations. The council members are appointed by the Commissioner of Corrections and funding is monitored by the New York State Comptroller's Office. This organization is another way to fight crime while keeping the cost of fighting crime to a minimum.

Prior legislative history

2013-14 Latimer S 2955-A REFERRED TO FINANCE A5331-A Lentol; referred to codes 2011-12 Latimer A9316-A - 03/21/12 - amend and recommit to codes 2012 - Klein S.6484-A - 03/23/12 - AMEND AND RECOMMIT TO FINANCE 01/25/13 - 12/31/13 REFERRED TO FINANCE 01/08/14 REFERRED TO FINANCE

Local fiscal implications

To be determined

Fiscal implications

To be determined

Effective date

This act shall take effect on the 180th day after it shall become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.