What's happening
This bill establishes a mandatory domestic violence accountability program and requires counseling for offenders as a condition of release.
Why it matters
Creates a standardized, statewide program for domestic violence offenders. By mandating at least 26–52 structured sessions, this bill aims to provide consistent and comprehensive intervention, potentially reducing recidivism and improving offender accountability across New York.
Allows for tailored educational and rehabilitative approaches. The executive director has flexibility to develop multiple curriculums to address the varying backgrounds and needs of offenders, possibly increasing the program’s effectiveness for diverse participants.
Links participation to release conditions (probation, parole, conditional discharge). Offenders must complete the program to qualify for these release options, which could serve both as a deterrent and as a mechanism to ensure some rehabilitative effort before rejoining the community.
Sets up a funding mechanism and local provision requirements. The bill establishes fees (with possible municipal support), ensuring the program’s sustainability while requiring statewide access—with provisions for residents in low-incidence counties to attend sessions elsewhere—helping ensure no region is left out.
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Who cares
Headline styles
Mandate Domestic Violence Counseling
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to social services
- Referred to social services
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3955
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. RANZENHOFER, FUNKE, GRIFFO, HELMING, ROBACH, SEPULVEDA, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to establishing the domestic violence accountability program; and to amend the penal law, in relation to mandatory domestic violence counseling
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The social services law is amended by adding a new section 459-i to read as follows:
§ 459-i. Domestic violence accountability program. 1. There is hereby established a domestic violence accountability program within the office for the prevention of domestic violence. The executive director of the office for the prevention of domestic violence, in consultation with providers of domestic violence programs and domestic violence accountability programs and such other professionals as he or she may deem appropriate shall establish, by regulation, the instructional and rehabilitative aspects of the program. Such program shall consist of at least twenty-six and up to fifty-two sessions of one hour to one and one-half hours each and include, but need not be limited to, classroom instruction in areas deemed suitable by the executive director.
2. The form, content and method of presentation of the various aspects of such program shall be established by the executive director. In the development of the form, curriculum and content of such program, the executive director may consult with the office of the attorney general and any other state department or agency and request and receive assistance from them. The executive director is also authorized to develop more than one curriculum and course content for such program in order to meet the varying needs of the participants.
3. A course in such program shall be available in at least every county in the state, except where the executive director determines that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02261-01-9
S. 3955 2
there is not a sufficient number of domestic violence offenses in a county to mandate the establishment of said course, and that provisions be made for the residents of said county to attend a course in another county where a course exists.
4. Participation in the program shall be required for those persons convicted of domestic abuse offenses or persons who have been adjudicated youthful offenders for domestic abuse offenses who satisfy the criteria and meet the requirements for participation as established by this section and the regulations promulgated thereunder. The executive director may exercise discretion, to reject any person from participation referred to such program and nothing contained in this section shall be construed as creating a right to be included in any course or program established under this section.
5. The executive director shall establish a list of approved providers and a schedule of fees to be paid by or on behalf of each participant in the program, and may, from time to time, modify same. Such fees shall defray the ongoing expenses of the program. Provided, however, that pursuant to an agreement with the department a municipality, department, or other agency may conduct a course in such program with all or part of the expense of such course and program being borne by such municipality, department or agency. In no event shall such fee be refundable, either for reasons of the participant's withdrawal or expulsion from such program or otherwise.
§ 2. The penal law is amended by adding a new section 60.38 to read as follows: § 60.38 Mandatory domestic violence counseling.
Any defendant convicted of any of the following offenses, where the defendant and the person against whom the offense was committed were members of the same family or household as defined in subdivision one of section 530.11 of the criminal procedure law and as established pursuant to section 370.15 of the criminal procedure law; any offense listed under title H, title I or title O of part 3 of this chapter; or attempt to commit any of the offenses under title H, title I or title O of part 3 of this chapter, shall be required to enroll and complete a domestic violence accountability program as a condition of conditional discharge, probation or parole.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a 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 are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to establishing the domestic violence accountability program; and to amend the penal law, in relation to mandatory domestic violence counseling
Purpose
To create a counseling and accountability program and to provide for participation in that program for persons convicted of domestic violence.
Summary of provisions
Section 1 - amends the Social Services Law to add a new section 459-1 to create a domestic violence accountability program. The section directs the executive director of the Office for the Prevention of Domestic Violence to establish the program in consultation with experts in the field of domestic violence through regulation and sets forth certain parameters for the program.
Section 2 - amends the Penal Law to add a new section 60.38 mandatory domestic violence counseling. This section provides that any person convicted of certain offenses that also constitute domestic violence shall be required to enroll and complete a domestic violence account- ability program as a condition of conditional discharge, probation or parole.
Section 3 - sets forth the effective date.
Justification
Domestic violence is recognized as a true societal scourge that damages children and adults with lifetime consequences. Persons who are the victims of domestic violence can suffer both physical and mental harm, and other family members who witness such abuse become victims as well.
This bill first provides for a domestic violence accountability program to be developed by the Office for the Prevention of Domestic Violence in consultation with experts in the field, and development of an approved list of providers. The bill also requires that any person convicted of domestic violence as defined in the bill must enter and complete a domestic violence accountability program as a condition of being allowed to receive a conditional discharge, probation or parole. There are private domestic abuse programs being provided by charitable and other organizations, such as Catholic Charities of Buffalo, that have proven to be efficacious in teaching accountability for actions to those who have committed domestic violence as to the harm that their actions cause. In addition to any other penalty or condition that may be ordered by a judge, it is important that this education be mandated to help the individual and protect the members of his or her family and society.
Legislative history
2018 - S.8599/A.10993 - PASSED SENATE/Social Services
Fiscal implications
To be determined. The Commissioner is authorized to charge fees to cover the cost of the program.
Effective date
This act will take effect 180 days after it shall have become law. Effective immediately, the addition, amendment and or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.