S T A T E   O F   N E W   Y O R K
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                                  1391

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT, ROBINSON, N. RIVERA -- Multi-Sponsored by
  --  M. of A. BRENNAN, COOK, GOTTFRIED, HOOPER, PHEFFER, REILLY -- read
  once and referred to the Committee on Children and Families

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  office  of  children and family services shall determine the community
  reinvestment amount to be invested in alternative services each year

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  16  of  section 501 of the executive law, as
renumbered by chapter 170 of the laws of 1994, is renumbered subdivision
17 and a new subdivision 16 is added to read as follows:
  16. (A) TO DETERMINE THE COMMUNITY REINVESTMENT AMOUNT TO BE  INVESTED
IN  ALTERNATIVE  SERVICES EACH YEAR IN ORDER TO INCLUDE IT IN THE EXECU-
TIVE BUDGET, AND TO RE-ESTIMATE THE AMOUNT, IF IT HAS CHANGED, NOT LATER
THAN THE FIRST DAY OF THE THIRD FULL MONTH NEXT FOLLOWING  THE  ADOPTION
OF  THE  BUDGET.  THE  COMMUNITY  REINVESTMENT  AMOUNT  SHALL CONSIST OF
PROJECTED SAVINGS FROM: (I) THE CLOSURE  OR  REDUCTION  OF  CAPACITY  OF
SECURE,  LIMITED  SECURE,  AND  NON-SECURE FACILITIES OPERATED AND MAIN-
TAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; (II)  A  REDUCTION
FOR ANY REASON IN THE PROJECTED COSTS OF RESIDENTIAL PLACEMENT; OR (III)
THE  COSTS ASSOCIATED WITH MOVING A CHILD FROM PLACEMENT IN OUT-OF-STATE
CONGREGATE RESIDENTIAL PROGRAMS OR RESIDENTIAL SCHOOLS  TO  A  FACILITY,
PROGRAM,  OR HOME WITHIN THE STATE. THE REPORTING OF THE COMMUNITY REIN-
VESTMENT AMOUNT SHALL IDENTIFY AMOUNTS IN DETAIL BY CATEGORY  AND  SHALL
FURTHER  PROVIDE  DETAIL  OF  THE  METHODOLOGY BY WHICH THE AMOUNTS WERE
CALCULATED.   THE COMMISSIONER OF CHILDREN  AND  FAMILY  SERVICES  SHALL
TRANSMIT THE REPORT IN SUCH DETAIL AS IS REQUIRED IN THIS PARAGRAPH, AND
SUCH  ADDITIONAL  DETAIL  AS MAY BE REQUIRED FOR AN UNDERSTANDING BY THE
PUBLIC AND  OTHER  INTERESTED  PARTIES  OF  THE  COMMUNITY  REINVESTMENT
AMOUNT, TO THE DIRECTOR OF THE BUDGET, WHO SHALL INCLUDE IT IN THE BUDG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00472-01-9

A. 1391                             2

ET  SUBMITTED  TO  THE LEGISLATURE PURSUANT TO SECTION TWENTY-TWO OF THE
STATE FINANCE LAW.
  (B) THE COMMUNITY REINVESTMENT AMOUNT SHALL CONSTITUTE THE BASE AMOUNT
FOR  THE  COMMUNITY REINVESTMENT PROGRAM. THE BASE AMOUNT SHALL, SUBJECT
TO APPROPRIATION, BE MADE AVAILABLE AS FOLLOWS: FIFTY PERCENT  SHALL  BE
MADE AVAILABLE TO HOME VISITING PROGRAMS ESTABLISHED PURSUANT TO SECTION
FOUR  HUNDRED  TWENTY-NINE OF THE SOCIAL SERVICES LAW, AND FIFTY PERCENT
SHALL BE MADE AVAILABLE FOR THE PURPOSE OF REDUCING THE OFFICE OF  CHIL-
DREN  AND  FAMILY  SERVICES  INSTITUTIONAL  PLACEMENTS  THROUGH  PROGRAM
MODIFICATIONS AND/OR SERVICES INCLUDING,  BUT  NOT  LIMITED  TO,  MENTAL
HEALTH  AND  SUBSTANCE  ABUSE  PROGRAMS, DEMONSTRATED EFFECTIVE PROGRAMS
SUCH AS EVIDENCE-BASED INITIATIVES TO DIVERT YOUTH AT-RISK OF  PLACEMENT
WITH  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND/OR AS ALTERNATIVES
TO RESIDENTIAL PLACEMENTS WITH SUCH OFFICE.
  (C) THE FIRST REPORT PURSUANT TO THIS SUBDIVISION SHALL BE DUE  WITHIN
THREE  MONTHS  OF  THE  PASSAGE  OF THE BUDGET IN THE YEAR IN WHICH THIS
SECTION SHALL HAVE BECOME A LAW.
  S 2. This act shall take effect immediately.