Bill Text: NY S07589 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 7589 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to probation in child support, delinquency, persons in need of supervision and family offense proceedings.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-19 - SUBSTITUTED BY A10415A [S07589 Detail]

Download: New_York-2011-S07589-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7589
                                   I N  S E N A T E
                                     June 5, 2012
                                      ___________
       Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
         tration)  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Rules
       AN ACT to amend the family court act, in relation to probation in  child
         support,  juvenile  delinquency,  persons  in  need of supervision and
         family offense proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 171 of the family court act is amended to read as
    2  follows:
    3    S 171. Enforcement or modification of orders in  other  county.    [A]
    4  EXCEPT  FOR  PROCEEDINGS  FOR ENFORCEMENT OR MODIFICATION OF AN ORDER OF
    5  PROBATION IN CASES BROUGHT UNDER ARTICLE THREE OR  SEVEN  OF  THIS  ACT,
    6  WHICH  SHALL  BE  SUBJECT TO THE TERMS OF SUBDIVISION TWO OF SECTION ONE
    7  HUNDRED SEVENTY-SIX OF THIS PART, A lawful order of the family court  in
    8  any  county  may be enforced or modified in that county or in the family
    9  court in any other county in which  the  party  affected  by  the  order
   10  resides or is found.
   11    S  2.  Section  173  of  the  family  court  act is amended to read as
   12  follows:
   13    S 173. Transfer of papers to other county.  If  the  family  court  in
   14  which  an  enforcement  or modification proceeding is brought under this
   15  article does not transfer it under section one hundred  seventy-four  OF
   16  THIS PART, it shall advise the family court that issued the order sought
   17  to  be  enforced or modified of the commencement of such proceedings and
   18  shall request that court to forward to it BY ELECTRONIC OR OTHER MEANS a
   19  copy of all or any of the papers [on which] WITH RESPECT  TO  the  order
   20  [was based] SOUGHT TO BE ENFORCED OR MODIFIED. The requested court shall
   21  forthwith comply with the request.
   22    S  3.  Section  175  of  the  family  court  act is amended to read as
   23  follows:
   24    S 175. Violation of probation in other county. [If] EXCEPT  FOR  CASES
   25  BROUGHT  UNDER  ARTICLES  THREE  AND  SEVEN  OF  THIS ACT WHICH SHALL BE
   26  SUBJECT TO THE TERMS OF SUBDIVISION TWO OF SECTION ONE HUNDRED  SEVENTY-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14890-02-2
       S. 7589                             2
    1  SIX OF THIS PART, IF an act or omission which constitutes a violation of
    2  the  terms  of probation allegedly occurs in a county other than the one
    3  in which the order of probation was made, the  family  court  in  either
    4  county  may hear the allegation of a violation of the terms of probation
    5  and proceed in accordance with the provisions of this act.
    6    S 4. Section 176 of the family court act, as amended by section  4  of
    7  subpart  C  of  part  C of chapter 97 of the laws of 2011, is amended to
    8  read as follows:
    9    S 176. Inter-county probation. 1. TRANSFER OF  PROBATION  SUPERVISION.
   10  Where a person placed on probation resides in another jurisdiction with-
   11  in  the  state at the time of the order of disposition, the family court
   12  which placed him or her on probation MAY, AND, IN THE CASE OF ORDERS  OF
   13  PROBATION  ISSUED UNDER ARTICLE THREE OR SEVEN OF THIS ACT, shall trans-
   14  fer PROBATION supervision to the probation department in  the  jurisdic-
   15  tion  in  which the person resides. Where, after a probation disposition
   16  is pronounced, a probationer [requests to reside in] RELOCATES TO anoth-
   17  er jurisdiction within the state, the family court which placed  him  or
   18  her  on probation may, [in its discretion, approve a change in residency
   19  and, upon approval,] AND, IN THE CASE  OF  ORDERS  OF  PROBATION  ISSUED
   20  UNDER ARTICLE THREE OR SEVEN OF THIS ACT, SHALL shall transfer PROBATION
   21  supervision to the probation department [serving] IN the [county] JURIS-
   22  DICTION  of  the probationer's [proposed] new residence. UPON COMPLETION
   23  OF A TRANSFER OF PROBATION SUPERVISION AS AUTHORIZED  PURSUANT  TO  THIS
   24  SUBDIVISION,  THE  PROBATION  DEPARTMENT  IN  THE RECEIVING JURISDICTION
   25  SHALL ASSUME ALL POWERS AND DUTIES OF THE PROBATION  DEPARTMENT  IN  THE
   26  JURISDICTION  OF  THE  FAMILY  COURT  WHICH  PLACED  THE  PROBATIONER ON
   27  PROBATION. Any transfer under this subdivision  must  be  in  accordance
   28  with  rules  adopted  by  the  commissioner  of the division of criminal
   29  justice services.
   30    2. [Upon completion of a transfer as authorized pursuant  to  subdivi-
   31  sion  one  of  this section, the family court within the jurisdiction of
   32  the receiving probation department shall assume all powers and duties of
   33  the family court which placed the probationer  on  probation  and  shall
   34  have  sole  jurisdiction  in the case. The family court which placed the
   35  probationer on probation  shall  immediately  forward  its  entire  case
   36  record to the receiving court] FOR ALL CASES BROUGHT UNDER ARTICLE THREE
   37  OR  SEVEN  OF THIS ACT, WHERE PROBATION SUPERVISION HAS BEEN TRANSFERRED
   38  UNDER SUBDIVISION ONE OF THIS SECTION, THE FAMILY COURT IN THE RECEIVING
   39  JURISDICTION SHALL HEAR ANY PROCEEDINGS TO ENFORCE OR MODIFY  THE  ORDER
   40  OF PROBATION, UNLESS THE RECEIVING FAMILY COURT DETERMINES THAT THERE IS
   41  GOOD  CAUSE  TO  RETURN  THE  PROCEEDING TO THE SENDING FAMILY COURT FOR
   42  ADJUDICATION, IN WHICH CASE THE PROCEEDING  SHALL  BE  RETURNED  TO  THE
   43  SENDING FAMILY COURT FOR ADJUDICATION.
   44    3.  [Upon  completion of a transfer as authorized pursuant to subdivi-
   45  sion one of this section, the  probation  department  in  the  receiving
   46  jurisdiction shall assume all powers and duties of the probation depart-
   47  ment in the jurisdiction of the family court which placed the probation-
   48  er  on  probation] FOR THE PURPOSE OF THIS SECTION, "JURISDICTION" SHALL
   49  MEAN A COUNTY OR THE CITY OF NEW YORK.
   50    S 5. This act shall take effect immediately.