9 NYCRR Part 6035 - Executive Department

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9 NYCRR 6035.1 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

When used in this Part:

(a)The term law enforcement agency shall mean any law enforcement agency or department of any municipality, any police district, or any agency, department, commission, authority or public benefit corporation of the state of New York employing a police officer or police officers as that term is defined in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (1), (o), (p), (s), and (u) of subdivision thirty-four of section 1.20 of the Criminal Procedure Law. For the purposes of this definition, the term shall not include any entity that employs police officers in a capacity which may require the use of their law enforcement authority but is supplementary to the primary official responsibilities for which they have been hired.

(b)The term chief of police shall mean a chief of police, commissioner of police, sheriff, or other official having equivalent cognizance, jurisdiction, supervision and control of a police department of a municipality of the State.

(c)The term council shall mean the New York State Law Enforcement Agency Accreditation Council.

(d)The term program shall mean the New York State Law Enforcement Agency Accreditation Program.

(e)The term program staff shall mean employees of the New York State Division of Criminal Justice Services who have been assigned to work on the New York State Law Enforcement Agency Accreditation Program.

(f)The term assessors shall mean law enforcement officers or practitioners selected to conduct on-site assessments of law enforcement agencies seeking to become or remain accredited.

9 NYCRR 6035.2 - New York State Law Enforcement Agency Accreditation Council

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Statement of purpose.

The council shall develop model standards for law enforcement agencies. Such standards shall be designed:

(1)to increase the effectiveness and efficiency of law enforcement agencies in the delivery of law enforcement services utilizing existing personnel, equipment and facilities to the extent possible;

(2)to promote increased cooperation and coordination among law enforcement agencies and other agencies of the criminal justice system;

(3)to ensure the appropriate training of law enforcement personnel not inconsistent with other provisions of the law; and

(4)to promote public confidence in law enforcement agencies.

(b)The council shall have the sole authority to establish model standards that a law enforcement agency must meet in order to become accredited. The council shall be the sole authority having the power to grant accreditation status.

(c)The council shall additionally recommend rules and regulations establishing an accreditation process that encourages and provides law enforcement agencies with a voluntary opportunity to demonstrate that they meet the model standards developed by the council.

(d)Program standards shall address a variety of topics relevant to the delivery of professional law enforcement services. Standards may fall within categories that include but are not limited to the following: administration, training and operations.

(e)Nothing in this regulation shall limit or be construed as limiting the power of the civil service commission, law enforcement agency, or other agency or department of any county, city, town, village or police district to enable rules and regulations which establish higher standards than required by the accreditation program. Law enforcement agencies are encouraged to exceed program requirements whenever possible.

(f)The accreditation process shall be non-adversarial in nature and shall actively promote the cooperation of the council, program staff and assessors with participating law enforcement agencies.

9 NYCRR 6035.3 - Application

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Applications for accreditation shall be submitted by the chief of police of the law enforcement agency applying and with the approval of the chief elected officer of the municipality in which the applicant agency is located. If there is no chief elected officer, applications may be approved by the local governing body. The requirement to seek approval from the chief elected officer of a municipality shall not apply to a sheriff who is both a countywide elected official and the highest ranking officer in the applicant agency. The application process may additionally require the law enforcement agency to submit background information as deemed necessary and appropriate by the council.

(b)There shall be no direct application fees or other charges imposed on law enforcement agencies desiring to participate in the program. The Division of Criminal Justice Services shall provide program manuals, technical assistance and other resource materials as available at no cost to the law enforcement agency.

9 NYCRR 6035.4 - Waiver of standards

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Law enforcement agencies seeking accreditation shall be expected to comply with all program standards. Law enforcement agencies may, however, petition the council to waive a standard(s) by submitting a written request that includes a detailed description of the reasons for the desired waiver.

(b)The council shall grant a waiver only upon a finding that compliance with a particular standard by an applicant law enforcement agency is impossible or impractical due to a unique or unusual circumstance of that law enforcement agency, and only upon a finding that the overall objectives of the program will not be compromised by the granting of such a waiver.

(c)Upon granting a waiver, the council may impose such conditions or alternative standards upon the applicant law enforcement agency as it deems necessary to assure that the overall objectives of the program are not compromised.

(d)A waiver shall be granted only when approved by a two-thirds vote of the council.

9 NYCRR 6035.5 - Authority of program staff

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Program staff shall provide support services to the council and shall be responsible for the day-to-day administration of the program.

(b)The council retains the authority to make final decisions in all matters that impact a law enforcement agency's status in the program. Program staff shall, however, have the authority to make tentative decisions on behalf of the council. Illustrative of these matters are the following:

(1)law enforcement agency eligibility;

(2)timeline for reaccreditation of agencies (see section 6035.9[b]-[e] of this Part);

(3)identification of non-applicable standards;

(4)interpretation of the standards; and

(5)waiver of standards.

9 NYCRR 6035.6 - On-site assessment

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)An on-site assessment shall be conducted to verify law enforcement agency compliance with program standards prior to the awarding of accreditation status. Such assessments shall be conducted by independent consultants retained by the Division of Criminal Justice Services specifically for this purpose. All assessors must meet minimum qualifications established by the council and must successfully complete a period of training conducted by the program staff.

(b)Program staff shall assign assessors to review the policies and procedures of applicant law enforcement agencies in a way that assures the objectivity of the assessment process. No member of a law enforcement agency that has been assessed for accreditation shall be permitted to participate in the assessment of any law enforcement agency employing an individual who served on the assessment team. Every effort shall be made to utilize at least one assessor who worked at a law enforcement agency of the same approximate size and type as the ones that he or she will be assigned to assess.

(c)Program staff shall provide law enforcement agencies seeking accreditation with a list of potential assessors prior to the on-site assessment. Law enforcement agency officials shall have the right to disqualify any individual whose participation in the assessment process would represent a conflict of interest. Assessors may also be disqualified for other compelling reasons that are brought to the attention of program staff.

(d)Law enforcement agencies seeking to be accredited shall have the burden of proving that they are in compliance with all requirements. Any law enforcement agency granted a waiver on any standard(s), in accordance with section 6035.4 of this Part, shall be required to make such waiver, and any other pertinent information, available to the assessors for their review. The council reserves the right to review any or all of the documentation shown to the program assessors.

(e)Upon completion of the on-site assessment, assessors shall meet with the chief of police of the law enforcement agency or his or her designee to present a verbal summary of the findings and recommendations that will be made to the council. Assessors shall prepare a written report of their findings and recommendations in a standard format approved by the council. Assessors shall submit this report to program staff within 30 calendar days of the assessment. Program staff shall mail a copy of the written report to the law enforcement agency as well as to each member of the council before the council meets to consider accrediting such agency.

9 NYCRR 6035.7 - Council review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Law enforcement agencies that meet the program standards shall be accredited for a period of five years.

(b)Representatives of the law enforcement agencies being considered for accreditation shall have the right to address the council to present evidence of their agency’s compliance with the program standards and to respond to concerns raised by the council.

(c)If a decision is made to defer or deny a law enforcement agency's accreditation, the council shall notify such agency in writing of the reasons for its decision and the steps that must be taken to become accredited.

(d)Law enforcement agencies whose accreditation is deferred or denied may have their request for accreditation reconsidered at the next meeting of the council by filing a written appeal with program staff within 30 calendar days of the initial decision.

9 NYCRR 6035.8 - Maintaining accreditation

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Accredited law enforcement agencies shall be expected to maintain compliance with all program standards in effect at the time that they were accredited, any standards for which they previously received a waiver but which subsequently became applicable due to new agency practices, and any additional standards adopted during their period of accreditation. Accredited agencies will have three months to develop the necessary policy, directive, or procedure as required once a new standard has been added.

(b)Law enforcement agencies that are unable to continue complying with any of the standards in effect at the time that they were accredited shall notify program staff within 30 days regarding the nature of and reason for their non-compliance. The council shall determine what action should be taken on a case-by-case basis.

(c)Accredited law enforcement agencies shall be required to file an annual compliance survey in a standard format approved by the council regarding major developments that may affect their accreditation. The survey may include, but not be limited to the following subjects: the fiscal impact of accreditation on the law enforcement agency, information pertaining to lawsuits that have been filed against the law enforcement agency, recent court orders or consent decrees that affect law enforcement agency operations, and any problems relating to the law enforcement agency's continued compliance with program standards.

(d)The council shall have the authority to suspend or revoke a law enforcement agency's accreditation for disregarding standards or committing serious violations of program rules and regulations. Law enforcement agency representatives shall be given an opportunity to appear before the council prior to any such suspension or revocation.

(e)The chief of police or an accredited agency also has the authority to voluntarily withdraw their agency from the accreditation program, thereby relinquishing their agency’s accredited status and agreeing to cease all public promotion of their agency as being accredited.

(f)Agencies that have a lapse in their accredited status, whether that status is revoked by the council or withdrawn voluntarily by the chief of police, must reapply if they wish to be considered for accreditation again.

(1)If an application is submitted within 12 months of their withdrawal or revocation, the agency will be assessed as a reaccreditation and will be required to demonstrate compliance with all program standards that were in effect throughout the time of the previous term of accreditation of the agency.

(2)If an application is submitted more than 12 months after the date of revocation or voluntary withdrawal, the agency will be assessed as an initial accreditation and will be required to demonstrate compliance with all program standards in effect for the three months prior to the date of the new assessment.

9 NYCRR 6035.9 - Reaccreditation

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Law enforcement agencies that can demonstrate that they meet, and have maintained compliance with, all program standards in effect throughout their period of accreditation will be reaccredited for a period of five years.

(b)Certain circumstances may allow for an accredited agency to undergo an assessment for reaccreditation prior to their five year expiration date but only after three years has passed since the date of the most recent accreditation or reaccreditation of such agency.

(c)Circumstances that may necessitate an assessment for early reaccreditation include, but may not be limited to:

(1)a determination by program staff to ensure an agency is in compliance with standards and solidify their standing within the program;

(2)a request by the chief of police of an accredited agency who has identified a compelling need for early reaccredidation; and

(3)budgetary considerations and constraints within the program.

(d)A law enforcement agency that is required to undergo a reaccreditation assessment prior to the end of their current five year term will be given no less than 90 days’ notice of said assessment. The council will develop policies to establish specific procedures for an agency requesting an extension of their early assessment.

(e)If the council votes to reaccredit an agency at an earlier date, the new five year period of reaccreditation will begin on the date of approval by the council.

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