Bill Text: NY S07885 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to juvenile delinquency charges of violations in family court.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2018-06-12 - referred to children and families [S07885 Detail]

Download: New_York-2017-S07885-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7885
                    IN SENATE
                                      March 6, 2018
                                       ___________
        Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
          tration)  --  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 and the criminal procedure law,  in
          relation  to  juvenile delinquency charges of violations in the family
          court
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 3 of section 304.1 of the family court act, as
     2  amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
     3  amended to read as follows:
     4    3.  The  detention  of  a  child  under  ten  years of age in a secure
     5  detention facility shall not be directed, nor shall the detention  of  a
     6  child adjudicated solely for an act that would constitute a violation as
     7  defined  in  subdivision  three  of  section  10.00  of the penal law be
     8  directed, under any of the provisions of this article.
     9    § 2. Subdivision 1 of section  350.1  of  the  family  court  act,  as
    10  amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
    11  follows:
    12    1. If the respondent is detained  and  has  not  been  found  to  have
    13  committed  a  designated  felony  act  the  dispositional  hearing shall
    14  commence not more than ten days after the entry of an order pursuant  to
    15  subdivision  one  of  section  345.1,  except as provided in subdivision
    16  three of this section; provided, however, that  if  the  respondent  has
    17  solely  been  found to have committed a violation as defined in subdivi-
    18  sion three of section 10.00 of the penal law, the respondent  shall  not
    19  be detained pending disposition.
    20    §  3. Subdivision 4 of section 352.2 of the family court act, as added
    21  by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
    22  amended to read as follows:
    23    4.  Where  a  youth  receives  a juvenile delinquency adjudication for
    24  conduct committed when the youth was age sixteen  or  older  that  would
    25  constitute  a violation as defined in subdivision three of section 10.00
    26  of the penal law, the court shall have the power to enter  an  order  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14579-01-8
        S. 7885                             2
     1  disposition  in  accordance with [paragraphs] paragraph (a) [and (b)] of
     2  subdivision one of this section. The court shall not order detention  or
     3  placement of a youth solely adjudicated under this subdivision.
     4    §  4. Subdivision 6 of section 360.3 of the family court act, as added
     5  by chapter 920 of the laws of 1982, is amended to read as follows:
     6    6. At the conclusion of the hearing the court may revoke, continue  or
     7  modify  the  order  of  probation or conditional discharge. If the court
     8  revokes the order, it shall order a different  disposition  pursuant  to
     9  section  352.2  of  this  article,  provided, however, that if the court
    10  finds a violation of an order of conditional discharge where the  under-
    11  lying  finding  had  been  for an act solely constituting a violation as
    12  defined in subdivision three of section 10.00  of  the  penal  law,  the
    13  court may modify the conditions of the conditional discharge but may not
    14  order  any other disposition under section 352.2 of this article. If the
    15  court continues the order of  probation  or  conditional  discharge,  it
    16  shall dismiss the petition of violation.
    17    § 5. Subdivision 1 of section 510.15 of the criminal procedure law, as
    18  amended  by section 36 of part WWW of chapter 59 of the laws of 2017, is
    19  amended to read as follows:
    20    1. When a principal who is under the age of sixteen  is  committed  to
    21  the  custody  of the sheriff the court must direct that the principal be
    22  taken to and lodged in a place certified by the office of  children  and
    23  family  services  as  a juvenile detention facility for the reception of
    24  children.  When a principal who (a) commencing October first, two  thou-
    25  sand eighteen, is sixteen years of age; or (b) commencing October first,
    26  two  thousand nineteen, is sixteen or seventeen years of age, is commit-
    27  ted to the custody of the sheriff, the court must direct that the  prin-
    28  cipal be taken to and lodged in a place certified by the office of chil-
    29  dren  and  family  services  in conjunction with the state commission of
    30  correction as a specialized secure juvenile detention facility for older
    31  youth.  Where such a direction is made the  sheriff  shall  deliver  the
    32  principal  in accordance therewith and such person shall although lodged
    33  and cared for in a juvenile detention facility continue to be deemed  to
    34  be  in  the custody of the sheriff. No principal under the age specified
    35  to whom the provisions of this section may apply shall  be  detained  in
    36  any  prison, jail, lockup, or other place used for adults convicted of a
    37  crime or under arrest and charged with the commission of a crime without
    38  the approval of the office of children and family services  which  shall
    39  consult  with  the  commission of correction if the principal is sixteen
    40  years of age or older in the case of each principal and the statement of
    41  its reasons therefor; nor shall a principal under the age specified  who
    42  is  charged  solely  with a violation as defined in subdivision three of
    43  section 10.00 of the penal law be  subject  to  detention.  The  sheriff
    44  shall  not be liable for any acts done to or by such principal resulting
    45  from negligence in the detention of and care for  such  principal,  when
    46  the principal is not in the actual custody of the sheriff.
    47    §  6.  This  act  shall  take  effect on the same date and in the same
    48  manner as sections thirty-six, fifty-six-b and fifty-nine of part WWW of
    49  chapter 59 of the laws of 2017,  take  effect;  provided,  however  that
    50  sections  two and four of this act shall take effect on the same date as
    51  sections 36, 56-b and 59 of part WWW of chapter 59 of the laws of  2017,
    52  take effect.