Additions and Modifications to the Domestic Incident Report (DIR): Version 05/2011
DCJS is distributing the new version Form 3221-05/2011. This latest version of the DIR was published to update the form to accommodate recent changes to the New York State Criminal Procedure Law (CPL) and Family Court Act (FCA).
In conforming to current State law, Form 3221-05/2011 contains new or amended information to the:
- Front cover of the booklet
- Inside cover of the booklet
- DIR Form
Changes to the Front Cover of the Booklet:
- Recent Changes to State Law:
- Effective 12/15/2009: Where the reported incident involved an offense committed by an individual known by the law enforcement officer to be under probation or parole supervision, he or she shall transmit a copy of the report as soon as practicable to the supervising probation department or the Division of Parole. (CPL§ 140.10)
- Effective 11/11/2010: Three offenses have been added to Penal Law Article 121 entitled Strangulation and Related Offenses, designated as family offenses pursuant to: Criminal Obstruction of Breathing or Blood Circulation (PL§ 121.11; A Misdemeanor), Strangulation 1st (PL§ 121.13; C Felony), and Strangulation 2nd (PL§ 121.12; D Felony).
- In the “WHERE TO SEND DIRS” section, the DCJS address has changed.
- All requests for additional DIRs must be made via email to firstname.lastname@example.org. When ordering forms, please provide the agency name and street address for shipment. DIR orders will not be sent to a P.O. Box.
- Important Hotline telephone numbers were added on the bottom right hand corner.
Changes to the Inside Cover of the Booklet:
- Three offenses (Strangulation 1st, Strangulation 2nd, and Criminal Obstruction of Breathing or Blood Circulation) were added to the list of Family Offenses, to conform with the 11/11/2010 addition of Article 121 to the Penal Law.
Changes to the DIR Form:
- The bold box in the Suspect/Party2 section was altered to remove information on Probation and Parole (this was moved to the bottom of the page).
- In the Investigation section:
- Gun information was expanded to include more specific questions and Yes/No answers.
- “Is Suspect on Parole or Probation?” was added to expand responses; Please be sure to forward copies of the DIR to Probation or Parole if the suspect is under supervision.
- “Contacts Initiated by Police” was decreased in size – write-in answers are still allowed for contact types not listed.
- Native American was changed to American Indian (as indicated by the US Census) for both Victim and Suspect sections.
Reminder of Important Victim Rights Notice:
- “Expanded Access to Family Court” law went into effect on 7/21/08. The law added “persons who are or have been in an intimate relationship” to the definition of members of the same family or household, pursuant to CPL § 530.11(1) and FCA § 812(1), thus providing them with the opportunity for assistance from family court, criminal court, or both. This information was added under the What the Courts Can Do heading by expanding the existing statement at the first asterisk and removing the statement at the second asterisk.
What the Courts Can Do:
* If the person who harmed you or threatened you is a relative by blood or marriage, or is someone you’ve had a child with, or is someone with whom you are or have had an intimate relationship, then you have the right to take your case to family court, criminal court or both.
For additional information on the DIR and responding to domestic violence calls for service, visit the criminal justice section of the Office for the Prevention of Domestic Violence Website: http://www.opdv.ny.gov/professionals/criminal_justice/index.html.
For more information on the Domestic Incident Report form, please contact the DCJS Customer Contact Center at CCCenter@dcjs.ny.gov or 800-262-3257