Bill Text: NY S04051 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age; establishes differential response programs for children under the age of twelve.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2021-12-29 - APPROVAL MEMO.159 [S04051 Detail]
Download: New_York-2021-S04051-Introduced.html
Bill Title: Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age; establishes differential response programs for children under the age of twelve.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2021-12-29 - APPROVAL MEMO.159 [S04051 Detail]
Download: New_York-2021-S04051-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4051 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, the social services law and the executive law, in relation to raising the lower age of juvenile delin- quency jurisdiction from age seven to age twelve and to establish differential response programs for children under the age of twelve The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 301.2 of the family court act, as 2 amended by section 56 of part WWW of chapter 59 of the laws of 2017, is 3 amended to read as follows: 4 1. "Juvenile delinquent" means a person [over seven and less than5sixteen years of age, or commencing on October first, two thousand eigh-6teen a person over seven and less than seventeen years of age, and7commencing October first, two thousand nineteen a person over seven] at 8 least twelve and less than eighteen years of age, who, having committed 9 an act that would constitute a crime, or a violation, where such 10 violation is alleged to have occurred in the same transaction or occur- 11 rence of the alleged criminal act, if committed by an adult, (a) is not 12 criminally responsible for such conduct by reason of infancy, or (b) is 13 the defendant in an action ordered removed from a criminal court to the 14 family court pursuant to article seven hundred twenty-five of the crimi- 15 nal procedure law. 16 § 2. Subdivision 8 of section 301.2 of the family court act, as 17 amended by section 57 of part WWW of chapter 59 of the laws of 2017, is 18 amended to read as follows: 19 8. "Designated felony act" means an act which, if done by an adult, 20 would be a crime: (i) defined in sections 125.27 (murder in the first 21 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 22 first degree); or 150.20 (arson in the first degree) of the penal law 23 committed by a person thirteen, fourteen, fifteen, [or] sixteen, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08217-01-1S. 4051 2 1 [commencing October first, two thousand nineteen,] seventeen years of 2 age; or such conduct committed as a sexually motivated felony, where 3 authorized pursuant to section 130.91 of the penal law; (ii) defined in 4 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 5 the first degree); 130.35 (rape in the first degree); 130.50 (criminal 6 sexual act in the first degree); 130.70 (aggravated sexual abuse in the 7 first degree); 135.20 (kidnapping in the second degree) but only where 8 the abduction involved the use or threat of use of deadly physical 9 force; 150.15 (arson in the second degree) or 160.15 (robbery in the 10 first degree) of the penal law committed by a person thirteen, fourteen, 11 fifteen, [or] sixteen, or[, commencing October first, two thousand nine-12teen,] seventeen years of age; or such conduct committed as a sexually 13 motivated felony, where authorized pursuant to section 130.91 of the 14 penal law; (iii) defined in the penal law as an attempt to commit murder 15 in the first or second degree or kidnapping in the first degree commit- 16 ted by a person thirteen, fourteen, fifteen, [or] sixteen, or [commenc-17ing October first, two thousand nineteen,] seventeen years of age; or 18 such conduct committed as a sexually motivated felony, where authorized 19 pursuant to section 130.91 of the penal law; (iv) defined in section 20 140.30 (burglary in the first degree); subdivision one of section 140.25 21 (burglary in the second degree); subdivision two of section 160.10 22 (robbery in the second degree) of the penal law; or section 265.03 of 23 the penal law, where such machine gun or such firearm is possessed on 24 school grounds, as that phrase is defined in subdivision fourteen of 25 section 220.00 of the penal law committed by a person fourteen or 26 fifteen years of age; or such conduct committed as a sexually motivated 27 felony, where authorized pursuant to section 130.91 of the penal law; 28 (v) defined in section 120.05 (assault in the second degree) or 160.10 29 (robbery in the second degree) of the penal law committed by a person 30 fourteen, fifteen, [or] sixteen or[, commencing October first, two thou-31sand nineteen,] seventeen years of age but only where there has been a 32 prior finding by a court that such person has previously committed an 33 act which, if committed by an adult, would be the crime of assault in 34 the second degree, robbery in the second degree or any designated felony 35 act specified in paragraph (i), (ii), or (iii) of this subdivision 36 regardless of the age of such person at the time of the commission of 37 the prior act; (vi) other than a misdemeanor committed by a person at 38 least [seven but less than seventeen years of age, and commencing Octo-39ber first, two thousand nineteen, a person at least seven] twelve but 40 less than eighteen years of age, but only where there [has] have been 41 two prior findings by the court that such person has committed a prior 42 felony. 43 § 3. Subdivision 3 of section 304.1 of the family court act, as 44 amended by section 59 of part WWW of chapter 59 of the laws of 2017, is 45 amended to read as follows: 46 3. The detention of a child under [ten] thirteen years of age in a 47 secure detention facility shall not be directed under any of the 48 provisions of this article. 49 § 4. Paragraph (a) of subdivision 1 of section 306.1 of the family 50 court act, as amended by chapter 645 of the laws of 1996, is amended to 51 read as follows: 52 (a) the child is [eleven] at least twelve years of age [or older] and 53 the crime which is the subject of the arrest or which is charged in the 54 petition constitutes a class A or B felony; or 55 § 5. Subdivision 12 of section 308.1 of the family court act, as 56 added by chapter 920 of the laws of 1982, is amended to read as follows:S. 4051 3 1 12. The probation service shall certify to the division of criminal 2 justice services and to the appropriate police department or law 3 enforcement agency whenever it adjusts a case in which the potential 4 respondent's fingerprints were taken pursuant to section 306.1 in any 5 manner other than the filing of a petition for juvenile delinquency for 6 an act which, if committed by an adult, would constitute a felony, 7 provided, however, in the case of a child [eleven or] twelve years of 8 age, such certification shall be made only if the act would constitute a 9 class A or B felony. 10 § 6. Paragraph (f) of subdivision 2 of section 353.2 of the family 11 court act, as amended by chapter 124 of the laws of 1993, is amended to 12 read as follows: 13 (f) make restitution or perform services for the public good pursuant 14 to section 353.6[, provided the respondent is over ten years of age]; 15 § 7. The opening paragraph of subdivision 1 of section 353.6 of the 16 family court act, as amended by chapter 877 of the laws of 1983, is 17 amended to read as follows: 18 At the conclusion of the dispositional hearing [in cases involving19respondents over ten years of age] the court may: 20 § 8. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family court 21 act, subdivision 1 as added by chapter 920 of the laws of 1982 and 22 subdivisions 2, 6 and 7 as amended by chapter 645 of the laws of 1996, 23 are amended to read as follows: 24 1. If a person whose fingerprints, palmprints or photographs were 25 taken pursuant to section 306.1 or was initially fingerprinted as a 26 juvenile offender and the action is subsequently removed to a family 27 court pursuant to article seven hundred twenty-five of the criminal 28 procedure law is adjudicated to be a juvenile delinquent for a felony, 29 the family court shall forward or cause to be forwarded to the division 30 of criminal justice services notification of such adjudication and such 31 related information as may be required by such division, provided, 32 however, in the case of a person [eleven or] twelve years of age such 33 notification shall be provided only if the act upon which the adjudi- 34 cation is based would constitute a class A or B felony. 35 2. If a person whose fingerprints, palmprints or photographs were 36 taken pursuant to section 306.1 or was initially fingerprinted as a 37 juvenile offender and the action is subsequently removed to family court 38 pursuant to article seven hundred twenty-five of the criminal procedure 39 law has had all petitions disposed of by the family court in any manner 40 other than an adjudication of juvenile delinquency for a felony, but in 41 the case of acts committed when such person was [eleven or] twelve years 42 of age which would constitute a class A or B felony only, all such fing- 43 erprints, palmprints, photographs, and copies thereof, and all informa- 44 tion relating to such allegations obtained by the division of criminal 45 justice services pursuant to section 306.1 shall be destroyed forthwith. 46 The clerk of the court shall notify the commissioner of the division of 47 criminal justice services and the heads of all police departments and 48 law enforcement agencies having copies of such records, who shall 49 destroy such records without unnecessary delay. 50 6. If a person fingerprinted pursuant to section 306.1 and subsequent- 51 ly adjudicated a juvenile delinquent for a felony, but in the case of 52 acts committed when such a person was [eleven or] twelve years of age 53 which would constitute a class A or B felony only, is subsequently 54 convicted of a crime, all fingerprints and related information obtained 55 by the division of criminal justice services pursuant to such section 56 and not destroyed pursuant to subdivisions two, five and seven or subdi-S. 4051 4 1 vision twelve of section 308.1 shall become part of such division's 2 permanent adult criminal record for that person, notwithstanding section 3 381.2 or 381.3. 4 7. When a person fingerprinted pursuant to section 306.1 and subse- 5 quently adjudicated a juvenile delinquent for a felony, but in the case 6 of acts committed when such person was [eleven or] twelve years of age 7 which would constitute a class A or B felony only, reaches the age of 8 twenty-one, or has been discharged from placement under this act for at 9 least three years, whichever occurs later, and has no criminal 10 convictions or pending criminal actions which ultimately terminate in a 11 criminal conviction, all fingerprints, palmprints, photographs, and 12 related information and copies thereof obtained pursuant to section 13 306.1 in the possession of the division of criminal justice services, 14 any police department, law enforcement agency or any other agency shall 15 be destroyed forthwith. The division of criminal justice services shall 16 notify the agency or agencies which forwarded fingerprints to such divi- 17 sion pursuant to section 306.1 of their obligation to destroy those 18 records in their possession. In the case of a pending criminal action 19 which does not terminate in a criminal conviction, such records shall be 20 destroyed forthwith upon such determination. 21 § 9. Paragraph (a) of subdivision 1 of section 409-a of the social 22 services law, as amended by chapter 87 of the laws of 1993, subparagraph 23 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) 24 as amended by section 22 of part C of chapter 83 of the laws of 2002, is 25 amended to read as follows: 26 (a) A social services official shall provide preventive services to a 27 child and his or her family, in accordance with the family's service 28 plan as required by section four hundred nine-e of this chapter and the 29 social services district's child welfare services plan submitted and 30 approved pursuant to section four hundred nine-d of this chapter, upon a 31 finding by such official that (i) the child will be placed, returned to 32 or continued in foster care unless such services are provided and that 33 it is reasonable to believe that by providing such services the child 34 will be able to remain with or be returned to his or her family, and for 35 a former foster care youth under the age of twenty-one who was previous- 36 ly placed in the care and custody or custody and guardianship of the 37 local commissioner of social services or other officer, board or depart- 38 ment authorized to receive children as public charges where it is 39 reasonable to believe that by providing such services the former foster 40 care youth will avoid a return to foster care or (ii) the child is the 41 subject of a petition under article seven of the family court act[, or42has been determined by the assessment service established pursuant to43section two hundred forty-three-a of the executive law,] or by the 44 probation service [where no such assessment service has been desig-45nated], to be at risk of being the subject of such a petition, and the 46 social services official determines that the child is at risk of place- 47 ment into foster care or (iii) the child is under the age of twelve, and 48 their behavior but for their age would bring them within the jurisdic- 49 tion of the family court pursuant to article three of the family court 50 act, and the social services official determines that the child is at 51 risk of placement into foster care. Such finding shall be entered in the 52 child's uniform case record established and maintained pursuant to 53 section four hundred nine-f of this [chapter] article. The commissioner 54 shall promulgate regulations to assist social services officials in 55 making determinations of eligibility for mandated preventive services 56 pursuant to this subparagraph.S. 4051 5 1 § 10. Article 6 of the social services law is amended by adding a new 2 title 12-A to read as follows: 3 TITLE 12-A 4 DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE 5 Section 458-o. Differential response programs for children under twelve. 6 § 458-o. Differential response programs for children under twelve. 1. 7 Each local social services district, upon the approval of the office of 8 children and family services, shall establish a program that implements 9 differential responses to provide services to children under twelve 10 years of age whose behavior, but for their age, would bring them within 11 the jurisdiction of the family court pursuant to article three of the 12 family court act. Such programs shall establish and utilize appropriate 13 assessments and services for youth, in order to help reduce future 14 interaction with the juvenile justice and/or child welfare systems. Such 15 assessments shall be used to determine what, if any, services are need- 16 ed, and such services shall utilize the least restrictive intervention 17 protocols available. Notwithstanding any other provision of law to the 18 contrary, the provisions of this section shall apply only to those cases 19 involving children under twelve years of age whose behavior but for 20 their age would bring them within the jurisdiction of the family court 21 pursuant to article three of the family court act. 22 2. To establish a differential response program, each local social 23 services district, as part of their district-wide child welfare services 24 plan, as defined in section four hundred nine-d of this article, shall 25 include a plan to serve the youth described in subdivision one of this 26 section while utilizing certain criteria to be promulgated in regulation 27 by the office of children and family services including but not limited 28 to the following: 29 (a) the types of assessment to determine whether services are neces- 30 sary, services and interventions to be provided to children and families 31 included in the differential response program for such children and a 32 description of how the services will be offered. Such services shall 33 include, but not be limited to, those services set forth in section four 34 hundred nine-a of this article and section four hundred fifty-eight-m of 35 this article; 36 (b) a description of the process to be followed for planning and moni- 37 toring the services provided under the differential responses; 38 (c) a description of how the differential response program will 39 enhance the ability of the district to reduce future interactions with 40 the juvenile justice and child welfare systems, ensure the safety and 41 well-being of such children, and ways to ensure such program addresses 42 adverse impacts on minority communities; 43 (d) a description of the training that will be provided to district 44 and any non-district staff to be used in the differential response 45 program including, but not limited to, a description of the training set 46 forth in section eight hundred forty of the executive law for police 47 officers whose main responsibilities are juveniles and the laws pertain- 48 ing thereto; and 49 (e) a description of any additional funding that may be utilized to 50 enhance the differential response program. 51 3. (a) All records created as part of the differential response 52 program for children described in subdivision one of this section shall 53 include, but not be limited to, the initial and any subsequent reasons 54 why a differential response is recommended for a child, documentation of 55 all services offered and accepted by such child and their family, theS. 4051 6 1 plan for supportive services for the child and their family, and all 2 evaluations and assessments of the child's progress. 3 (b) Records created under the differential response program for the 4 children described in subdivision one of this section shall be main- 5 tained for five years after a child is referred to a local social 6 services district for intervention as described in this section or until 7 the child reaches the age of twelve, whichever is sooner. 8 (c) All reports assigned to, and records created under, the differen- 9 tial response program, including but not limited to reports made or 10 written as well as any other information obtained or photographs taken 11 concerning such reports or records shall be confidential, shall be made 12 available only to an entity listed below which has been involved in the 13 particular youth's service delivery, and shall not be redisclosed, 14 except as authorized pursuant to subparagraph (vi) of this paragraph, 15 utilizing non-identifying aggregated information. Such entities shall 16 include: 17 (i) staff of the office of children and family services and persons 18 designated by the office of children and family services; 19 (ii) the social services district responsible for the differential 20 response program for children described in subdivision one of this 21 section; 22 (iii) a community-based agency that has a contract with the social 23 services district to carry out activities for the district under the 24 differential response program; 25 (iv) a provider of services under the differential response program; 26 (v) the child, or to their parent or legal guardian, and the attorney 27 for the child; and 28 (vi) the office of children and family services and social services 29 districts for the sole purpose of preparing the report required pursuant 30 to subdivision five of this section. 31 4. Expenditures by a social services district pursuant to this section 32 shall be reimbursable from the annual appropriations available for 33 social services district expenditures for child welfare services which 34 shall include, but not be limited to, preventive services provided 35 pursuant to section four hundred nine-a of this article, funding for 36 family support services programs as set forth in section four hundred 37 fifty-eight-n of this article and supervision and treatment services for 38 juveniles program as set forth in section five hundred twenty-nine-b of 39 the executive law. Nothing shall preclude a social services district 40 from seeking private funds for support of their differential response 41 programs. 42 5. The office of children and family services shall report on the 43 differential response programs established pursuant to this section, 44 including the local social services district's efforts to reduce future 45 interactions with the juvenile justice and child welfare systems, how 46 the local social districts are ensuring the safety and well-being of 47 such children, and how the program is addressing adverse impacts on 48 minority communities, on an annual basis beginning one year from the 49 start of every local social services district's differential response 50 program. 51 § 11. Subdivision 1 of section 458-m of the social services law, as 52 added by section 18-b of part K of chapter 56 of the laws of 2019, is 53 amended to read as follows: 54 1. As used in this title, the term "family support services programs" 55 shall mean a program established pursuant to this title to provide 56 community-based supportive services to children and families with theS. 4051 7 1 goal of (i) preventing a child from being adjudicated a person in need 2 of supervision and help prevent the out of home placements of such youth 3 or (ii) preventing a petition from being filed under article seven of 4 the family court act, or (iii) to help reduce future interaction with 5 the juvenile justice and/or child welfare system for children under 6 twelve years of age whose behavior but for their age would bring them 7 within the jurisdiction of the family court pursuant to article three of 8 the family court act. 9 § 12. Paragraph (j) of subdivision 1 of section 840 of the executive 10 law, as amended by chapter 617 of the laws of 1990, is amended to read 11 as follows: 12 (j) (1) Development, maintenance and dissemination of written policies 13 and procedures pursuant to title six of article six of the social 14 services law and applicable provisions of article ten of the family 15 court act, regarding the mandatory reporting of child abuse or neglect, 16 reporting procedures and obligations of persons required to report, 17 provisions for taking a child into protective custody, mandatory report- 18 ing of deaths, immunity from liability, penalties for failure to report 19 and obligations for the provision of services and procedures necessary 20 to safeguard the life or health of the child; (2) establishment and 21 implementation on an ongoing basis, of a training program for all 22 current and new police officers regarding the policies and procedures 23 established pursuant to this paragraph; and (3) establishment of a 24 training program for police officers whose main responsibilities are 25 juveniles and the laws pertaining thereto, including children under 26 twelve years of age whose behavior but for their age would bring them 27 within the jurisdiction of the family court pursuant to article three of 28 the family court act, which training program shall be successfully 29 completed before such officers are accredited pursuant to section eight 30 hundred forty-six-h of this chapter. 31 § 13. This act shall take effect one year after it shall have become 32 a law; provided, however, that the amendments to subparagraph (ii) of 33 paragraph (a) of subdivision 1 of section 409-a of the social services 34 law made by section nine of this act shall not affect the expiration of 35 such subparagraph and shall be deemed to expire therewith.
