NY State Senate Bill 2009-S2010

Senate Bill S2010

2009-2010 Legislative Session

Establishes the office of children and family services shall determine the community reinvestment amount to be invested in alternative services each year

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Feb 10, 2009	referred to children and families

co-Sponsors

2009-S2010 (ACTIVE) - Details

See Assembly Version of this Bill:: A1391
Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Amd §501, Exec L

2009-S2010 (ACTIVE) - Summary

Establishes the office of children and family services shall determine the community reinvestment amount to be invested in alternative services each year.

2009-S2010 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2010

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA :

To require savings achieved in certain areas in the budget of the
Office of Children and Family to be reinvested in alternatives to
incarceration programs. The reinvestment amount is called the
community reinvestment amount.

 SUMMARY OF PROVISIONS :

Adds a new subdivision 16 to section 501 of the executive law to make
determination of the community reinvestment a duty of the commissioner
of the Office of Children and Families.

The community reinvestment amount consist of projected savings from:
(i) the closure or reduction of capacity of secure, limited secure,
and non-secure facilities operated and maintained by the office of
children and family services; (ii) a reduction for any reason in the

projected costs of residential placement; and (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 commissioner of OPCFS is required to report these amounts in
detail by category and to provide detail of the methodology by which
the amounts were calculated.  The first report is due within three
months of the passage of the budget. The report is updated
periodically throughout the year, and must be included in the budget
submitted to the legislature pursuant to section twenty-two of the
state finance law. The first report is due within three months of the
passage of the budget in the year in which this section shall have
become a law.

(b) The community reinvestment amount then constitutes the base amount
for the community reinvestment program. The base amount shall, subject
to appropriation, be made available as follows: 50% for home visiting
programs, and 50% for the purpose of reducing OCFS 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 and/or as alternatives to
residential placements with such office.

 JUSTIFICATION :

It is widely acknowledged that the best way to avoid incarcerating
youth is to provide alternatives to incarceration programs, and other
initiatives that encourage good parenting. Sadly, the State has failed
in these areas, even going so far in this budget year as to reduce
alternatives programs while at the same time taking savings from other
programs and reinvesting them in other agencies. This compounds a
problem: For those youths whose problems stem in part from neglect by
parent, are now being also neglected by the agency which should be
helping them.

This bill does a simple thing. Each time a bed is closed, or savings
is achieved for any reason in a residential program, or children are
returned from out of state placement (Billy's Law), the funds are
reinvested on a 50/50 basis in alternatives to incarceration and home
visiting programs.

Importantly, the mechanisms created in this bill allow for a level of
transparency to the Legislature and reporting to the public which has
otherwise been unavailable from this agency.

 LEGISLATIVE HISTORY :
S.7227:  2007-08 Referred to Social Services & Children and Families,
Passed

 FISCAL IMPACT :
None to the state.

 EFFECTIVE DATE :
Immediate.

2009-S2010 (ACTIVE) - Bill Text download pdf

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

                                  2010

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  LARKIN, MORAHAN, PADAVAN, VOLKER -- read
  twice and ordered printed, and when printed to  be  committed  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

S. 2010                             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.

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Senate Bill S2010

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

William Larkin

Thomas P. Morahan

Frank Padavan

Dale M. Volker

2009-S2010 (ACTIVE) - Details

2009-S2010 (ACTIVE) - Summary

2009-S2010 (ACTIVE) - Sponsor Memo

2009-S2010 (ACTIVE) - Bill Text download pdf

Comments