Bill Text: NY S08544 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates an elder court pilot program to study the effectiveness of senior-specific judicial programming especially involving elder abuse and domestic violence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-09 - REFERRED TO JUDICIARY [S08544 Detail]

Download: New_York-2017-S08544-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8544
                    IN SENATE
                                       May 9, 2018
                                       ___________
        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the judiciary law, in relation to  a  pilot  program  to
          create an elder court
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The judiciary law is amended by adding a new article 5-C to
     2  read as follows:
     3                                 ARTICLE 5-C
     4                          ELDER COURT PILOT PROGRAM
     5  Section 178. Definition.
     6          178-a. Elder court pilot program.
     7    § 178. Definition. For purposes of this article  "elder  court"  shall
     8  refer  to  both of the following when they are simultaneously pending in
     9  the county: an elder abuse, domestic violence, or criminal case  involv-
    10  ing  a  caretaker commenced in a criminal court; and a case commenced in
    11  supreme or family court that involves a party or witness  in  the  elder
    12  abuse,  domestic  violence  or criminal case. The chief administrator of
    13  the courts shall promulgate through  rules  and  regulations  any  other
    14  elder court eligible case.
    15    §  178-a.  Elder  court pilot program. 1. Within amounts appropriated,
    16  the chief administrator of the courts shall  establish  an  elder  court
    17  pilot program to operate in up to six counties in the state to study the
    18  effectiveness  of  senior-specific  judicial  programming  in the state.
    19  Following consultation with and agreement of the presiding judge of  the
    20  judicial  department in which a county is located, the chief administra-
    21  tor, by administrative order, may establish an elder court pilot program
    22  in such county, make monies available for the  operation  of  the  elder
    23  court  pilot  program,  and  assign  one  or  more judges or justices to
    24  preside therein. The chief administrator of the courts  shall  establish
    25  through  rules  and  regulations  each  pilot court so as to ensure that
    26  cases pending before it are identified as elder  court-eligible  at  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15768-01-8
        S. 8544                             2
     1  earliest  possible  time,  and  establish procedures for the transfer of
     2  eligible cases.
     3    2.  The chief administrator of the courts, and participating counties,
     4  may partner with local not-for-profit organizations, universities, muni-
     5  cipalities, TRIAD teams, multi-disciplinary teams,  or  senior  advocacy
     6  groups  to track information, assess service needs, and collect informa-
     7  tion for the pilot program study. Upon completion of the pilot  program,
     8  the  chief  administrator of the courts shall issue a report documenting
     9  the elder court pilot program initiatives  and  include  recommendations
    10  for  the  establishment  of statewide elder court operations. The report
    11  shall include, but not be limited to, recommendations regarding:
    12    a. Judicial officer and court staff training regarding specific  needs
    13  and  issues that may arise in elder cases, including but not limited to,
    14  the development of elder-specific curriculum  and  technical  assistance
    15  materials for judges and court staff;
    16    b. The characteristics and needs of elderly litigants and their cases,
    17  including  but  not  limited  to adjustment of court hours, coordination
    18  with  social  services  or   not-for-profit   entities,   transportation
    19  concerns,  and community support available during the course of the case
    20  and after;
    21    c. Best practices for the establishment of elder courts including, but
    22  not limited to, consideration of administration  policies,  court  prac-
    23  tices, and litigant experiences; and
    24    d.  Policy  and statutory changes that are generalized across programs
    25  and may assist in the prosecution of elder abuse cases.
    26    3. Nothing in this section shall preclude the chief  administrator  of
    27  the  courts  from designating a preexisting program that qualifies as an
    28  elder court from participating in the pilot program. The chief  adminis-
    29  trator  of  the courts shall also, within his or her discretion, utilize
    30  preexisting integrated courts parts for operation  of  the  elder  court
    31  pilot program where compatible.
    32    4.  Nothing  in this section shall preclude the chief administrator of
    33  the courts, or a state entity,  from  applying  for  qualifying  federal
    34  monies  or  private  funds to assist in the operation of the elder court
    35  pilot program.
    36    5. The chief administrator of the courts shall submit  the  report  to
    37  the  governor,  the temporary president of the senate and the speaker of
    38  the assembly within two years of the effective date of this section. The
    39  report shall also be distributed on the office of  court  administration
    40  public website.
    41    § 2. This act shall take effect immediately.