Establishes a postretirement law enforcement officer cold case grant program within the division of state police; appropriation

Summary of provisions

Section 1. The executive law is amended by adding anew section 232 to read as follows: § 232. Postretirement law enforcement officer cold case grant program. 1. There is hereby established with the division a postretirement law enforcement officer cold case grant program. A local law enforcement agency may apply to the division for a grant to fund the hiring of a retired law enforcement officer or officers at a salary of thirty thousand dollars per year for the purposes listed in subdivision two of this section . 2. A law enforcement officer position funded by this section shall be dedicated to work on unsolved cases, including, but not limited to, the following: (a) collection and recovery of evidence, including DNA samples; (b) interviewing witnesses and people of interest; (c) researching unsolved cases to determine potential connections and leads; (d) providing knowledge and expertise in evaluating criminal behavior relevant to particular cases; and (e) data entry an analysis. 3. The division shall administer the grant program established by this section and shall establish by regulation the guidelines it deems necessary for the administration of the program. Such regulations shall set forth the terms and conditions upon which the division is prepared to offer grant of funds. All applications shall be reviewed and evaluated by the division and grants shall be awarded on the basis of need, consistency with the requirements of this section, and division rules and regulations. 4. (a) All grant funds received by applicants shall be used to fund officer positions and shall not supplant local funds. Administrative costs associated with a position funded by the grant program shall be absorbed by the applicant. (b) A grant award to a particular local law enforcement agency shall not exceed one hundred thousand dollars. (c) The service, compensation or any other limits that are imposed on a person receiving a pension benefit shall not apply to a law enforcement officer whose position is funded by a grant awarded pursuant to this section.

Existing law

No

Justification

This bill is part of a three (3) bill packet of legislation that will be going forward, referred to as the "Benny Lyde Packet" addressing the ever rising volume of youth violence in certain high risk areas; due to a failure to provide of accurate information to our high risk youth, mental health issues surrounding past traumas and a lack of

psychological anchors and adequate mentoring during key periods in certain youths development. The packet will also address the lack of man-power to investigate and see to fruition the capture of those guilty of committing such crimes.

Benny Lyde, was an up and coming young man who had studied business and accounting and had aspirations of going into politics. Benny was shot and 3 months later died at the age of 21 in 2005.

The police determined that he had been shot in retaliation for something in which he was not involved. A friend had beaten someone up; that person's friend couldn't find him, so he found Benny instead. The police and his parents investigated and searched for his killer for 2 and 1/2 years. Benny's younger brother Prince, who was inseparable from him - spent many days watching his brother lying in the hospital, and began coming to the conclusion that doing the right thing "didn't pay off."

Communities need all of the pieces to address this ongoing problem. They need counselors to assist when violence does strike home and they need their youth educated with the correct information, they need mentors for the children to talk to and assist them with the correct way to mediate disagreements and problems that may arise. They need manpower to assist in finding the culprits who commit these acts (This particular legislative piece addresses this portion). We are in hopes that this bill along with the other two bills incorporated in this packet will begin that process.

Legislative history

New Bill

Fiscal implications

The sum of two million dollars ($2,000,000) Annual appropriation from the general fund for administration of grants to qualified applicants selected by the division of the state police.

Local fiscal implications

Local law enforcement can apply for up to, but not exceed one hundred thousand ($100,000) annually

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided, however, 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 is authorized and directed to be made and completed by the superintendent of state police on or before such effective date.