NY State Senate Bill 2017-S7885

Archive: Last Bill Status - In Assembly 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
Jun 12, 2018	referred to children and families delivered to assembly passed senate ordered to third reading cal.1726 committee discharged and committed to rules
Mar 06, 2018	referred to children and families

Votes

- Jun 12, 2018 - Floor Vote
  S7885
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Jun 12, 2018 - Rules Committee Vote
  S7885
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      LaValle
      
      Little

co-Sponsors

2017-S7885 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§304.1, 350.1, 352.2 & 360.3, Fam Ct Act; amd §510.15, CP L

2017-S7885 (ACTIVE) - Summary

Relates to juvenile delinquency charges of violations in family court.

2017-S7885 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7885

SPONSOR: AVELLA
 
TITLE OF BILL:  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

This measure would amend the Family Court Act and the Criminal Procedure
Law in relation to charges of a violation faced by a juvenile in Family
Court.

The recently enacted legislation raising the age of criminal responsi-
bility in New York State amends the definition of juvenile delinquency
in Family Court Act § 301.2(1), marking the first time that Family
Courts will have jurisdiction over alleged violations (petty offenses),
as defined in subdivision three of section 10.00 of the Penal Law. See
L.2017, c. 59, Pt. WWW. Prior to the new statute, an act of juvenile
delinquency was defined as an act that would be a crime if committed by
an adult. The new jurisdiction is limited to 16-year olds, as of October

1, 2018, and 16 and 17-year olds, as of October 1, 2019, and is only
applicable where a violation arises out of the same transaction or
occurrence as an alleged crime, that is, a misdemeanor commencing in
Family Court or a felony removed to Family Court. Where an adolescent
offender case is prosecuted for a criminal charge in a Youth Part under
Article 722 of the Criminal Procedure Law, a violation that is part of
the same transaction or occurrence as that criminal charge may be heard
with it. In all other cases, violations will continue to be heard by
local criminal courts.

Some cases of older adolescents in Family Court that involve crimes and
violations charged together may result in an adjudication or in a plea
only to the violation. It would contravene the ameliorative goals of the
statute raising the age of criminal responsibility if adolescents in
such cases faced penalties greater than those that they would have faced
had they been prosecuted in a local criminal court. Accordingly, we
propose this measure to amend sections 304.1, 350.1, 352.2 and 360.3 of
the Family Court Act to provide that such adolescents may not be secure-
ly detained, may not be placed on probation and may not be placed out of
their homes as a disposition.  If granted a conditional discharge as a
disposition in suclia case, a youth charged with a violation of the
conditional discharge may not be subject to secure detention pending
adjudication of the violation or placement upon a finding. Additional
conditions, e.g., restitution, community service or participation in a
particular program, may be added as conditions, but neither detention
nor placement would be permissible consequences. Further, this measure
would amend Criminal Procedure Law § 510.15 to preclude secure detention
of a 16- or 17-year old whose sole charge is a violation.

This measure would ensure that adolescents adjudicated for violations
(petty offenses) or charged with, or adjudicated for, violations of
conditional discharges would not be adversely affected by chapter 59 of
the Laws of 2017. Prior to the effective date of the new statute, 16-
and 17-year old offenders convicted of violations would be subject only
to sentences of conditional or unconditional discharge, jail up to 15
days and/or a fine of up to $250. Subdivision three of section 10.00 of
the Penal Law defines a "violation" as "an offense, other than a 'traf-
fic infraction,' for which a sentence to a term of imprisonment in
excess of fifteen days cannot be imposed." Penal Law § 65.00(1)(a)
requires conviction of a "crime," not merely a "violation," for imposi-
tion of a probation sentence and Penal Law § 65.05(1)(a) authorizes
sentences of conditional discharge for up to one year for violations.

By not imposing penalties greater than those warranted by the level of
adjudication, this measure is consistent with widely accepted research
in the juvenile justice field. The "risk principle" delineated in the
Final Report of the Governor's Commission on Youth, Public Safety and
Justice (2015) at 20, provides that:

(S)ervices and supervision should be provided in direct proportion to an
offender's risk of reoffending, with lower-risk youth receiving less-in-
tensive interventions and higher-risk youth receiving interventions of
higher intensity. It also warns against placing youth in settings that
are more restrictive than necessary for their actual level of risk,
which can yield counterproductive results in terms of increased recidiv-
ism. (Footnote omitted). According to this principle, more restrictive
programming and supervision should be concentrated on higher-risk youth.

Enactment of this measure thus is warranted, not only by the need to
foreclose greater punishment than is possible under current law, but
also from a purely practical vantage-point, that is, to protect the
public from the recidivism that may result from over-intervention in
cases of adjudications for conduct that does not rise to the level of a
crime.

This measure, which would have no meaningful fiscal impact on the State,
would take effect on the first day of October, 2018.

 
LEGISLATIVE HISTORY:

None. New proposal.

2017-S7885 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7885
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. Subdivision 3 of section 304.1 of the family court act, as
 amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   3.  The  detention  of  a  child  under  ten  years of age in a secure
 detention facility shall not be directed, NOR SHALL THE DETENTION  OF  A
 CHILD ADJUDICATED SOLELY FOR AN ACT THAT WOULD CONSTITUTE A VIOLATION AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  10.00  OF THE PENAL LAW BE
 DIRECTED, under any of the provisions of this article.
   § 2. Subdivision 1 of section  350.1  of  the  family  court  act,  as
 amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
 follows:
   1. If the respondent is detained  and  has  not  been  found  to  have
 committed  a  designated  felony  act  the  dispositional  hearing shall
 commence not more than ten days after the entry of an order pursuant  to
 subdivision  one  of  section  345.1,  except as provided in subdivision
 three OF THIS SECTION; PROVIDED, HOWEVER, THAT  IF  THE  RESPONDENT  HAS
 SOLELY  BEEN  FOUND TO HAVE COMMITTED A VIOLATION AS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 10.00 OF THE PENAL LAW, THE RESPONDENT  SHALL  NOT
 BE DETAINED PENDING DISPOSITION.
   §  3. Subdivision 4 of section 352.2 of the family court act, as added
 by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:
   4.  Where  a  youth  receives  a juvenile delinquency adjudication for
 conduct committed when the youth was age sixteen  or  older  that  would
 constitute  a violation AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00
 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
 
 disposition  in  accordance with [paragraphs] PARAGRAPH (a) [and (b)] of
 subdivision one of this section. THE COURT SHALL NOT ORDER DETENTION  OR
 PLACEMENT OF A YOUTH SOLELY ADJUDICATED UNDER THIS SUBDIVISION.
   §  4. Subdivision 6 of section 360.3 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   6. At the conclusion of the hearing the court may revoke, continue  or
 modify  the  order  of  probation or conditional discharge. If the court
 revokes the order, it shall order a different  disposition  pursuant  to
 section  352.2  OF  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT IF THE COURT
 FINDS A VIOLATION OF AN ORDER OF CONDITIONAL DISCHARGE WHERE THE  UNDER-
 LYING  FINDING  HAD  BEEN  FOR AN ACT SOLELY CONSTITUTING A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00  OF  THE  PENAL  LAW,  THE
 COURT MAY MODIFY THE CONDITIONS OF THE CONDITIONAL DISCHARGE BUT MAY NOT
 ORDER  ANY OTHER DISPOSITION UNDER SECTION 352.2 OF THIS ARTICLE. If the
 court continues the order of  probation  or  conditional  discharge,  it
 shall dismiss the petition of violation.
   § 5. Subdivision 1 of section 510.15 of the criminal procedure law, as
 amended  by section 36 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   1. When a principal who is under the age of sixteen  is  committed  to
 the  custody  of the sheriff the court must direct that the principal be
 taken to and lodged in a place certified by the office of  children  and
 family  services  as  a juvenile detention facility for the reception of
 children.  When a principal who (a) commencing October first, two  thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two  thousand nineteen, is sixteen or seventeen years of age, is commit-
 ted to the custody of the sheriff, the court must direct that the  prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren  and  family  services  in conjunction with the state commission of
 correction as a specialized secure juvenile detention facility for older
 youth.  Where such a direction is made the  sheriff  shall  deliver  the
 principal  in accordance therewith and such person shall although lodged
 and cared for in a juvenile detention facility continue to be deemed  to
 be  in  the custody of the sheriff. No principal under the age specified
 to whom the provisions of this section may apply shall  be  detained  in
 any  prison, jail, lockup, or other place used for adults convicted of a
 crime or under arrest and charged with the commission of a crime without
 the approval of the office of children and family services  which  shall
 consult  with  the  commission of correction if the principal is sixteen
 years of age or older in the case of each principal and the statement of
 its reasons therefor; NOR SHALL A PRINCIPAL UNDER THE AGE SPECIFIED  WHO
 IS  CHARGED  SOLELY  WITH A VIOLATION AS DEFINED IN SUBDIVISION THREE OF
 SECTION 10.00 OF THE PENAL LAW BE  SUBJECT  TO  DETENTION.  The  sheriff
 shall  not be liable for any acts done to or by such principal resulting
 from negligence in the detention of and care for  such  principal,  when
 the principal is not in the actual custody of the sheriff.
   §  6.  This  act  shall  take  effect on the same date and in the same
 manner as sections thirty-six, fifty-six-b and fifty-nine of part WWW of
 chapter 59 of the laws of 2017,  take  effect;  provided,  however  that
 sections  two and four of this act shall take effect on the same date as
 sections 36, 56-b and 59 of part WWW of chapter 59 of the laws of  2017,
 take effect.

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Senate Bill S7885

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 12, 2018 - Floor Vote

Floor Vote: Jun 12, 2018

Jun 12, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 12, 2018

co-Sponsors

2017-S7885 (ACTIVE) - Details

2017-S7885 (ACTIVE) - Summary

2017-S7885 (ACTIVE) - Sponsor Memo

2017-S7885 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7885

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Velmanette Montgomery

2017-S7885 (ACTIVE) - Details

2017-S7885 (ACTIVE) - Summary

2017-S7885 (ACTIVE) - Sponsor Memo

2017-S7885 (ACTIVE) - Bill Text download pdf

Comments