NY State Senate Bill 2023-S9956

Senate Bill S9956

2023-2024 Legislative Session

Relates to certain required disclosures upon the release of a juvenile or adolescent offender from an office of children and family services facility

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 04, 2024	referred to rules

2023-S9956 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §508, Exec L; amd §149, Cor L

2023-S9956 (ACTIVE) - Summary

Relates to the required disclosure upon the release of a juvenile or adolescent offender from the custody of the office of children and family services of certain records that are necessary to ascertain the nature of such offender's conviction and would be beneficial in identifying and mitigating any risk that such offender could pose if released.

2023-S9956 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9956

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law and the correction law, in relation to
certain required disclosures by the office of children and family
services upon the release or discharge of a juvenile offender or adoles-
cent offender

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure information regarding the release of a juvenile or adolescent
offender who has been convicted of a felony from an Office of Children
and Family Services (OCFS) facility is shared between OCFS, Department
of Correction and Community Supervision (DOCCS), school districts, and
local law enforcement.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 508 of the executive law by adding two new
subdivisions 10 and 11. Subdivision 10 provides that where a juvenile

offender or adolescent offender less than eighteen years of age is being
released or discharged from the custody of OCFS following
 a term of commitment or placement imposed pursuant to a felony
conviction, OCFS shall provide the DOCCS with any and all records that
are necessary to ascertain the nature of such offender's conviction and
would be beneficial in identifying and mitigating any risk that such
offender could pose to the community if released or discharged. Subdivi-
sion 11 requires that DOCCS notify the school district where a juvenile
or adolescent offender will reside following their release 30 days prior
to their release and provide the school district with records necessary
to ascertain the nature of such offender's conviction and would be bene-
ficial in identifying and mitigating any risk that such offender could
pose to such school district if released or discharged.

Section 2: Amends section 149 of the correction law to require that
DOCCS and OCFS, at least 48 hours prior to the release of a juvenile or
adolescent offender convicted of a felony, notify local law enforcement
of such offender's release. This section also allows law enforcement to
request a report containing a summary of such offender's criminal record
from the division of criminal justice services.

Section 3: Provides for an immediate effective date

 
JUSTIFICATION:

Under current state law, DOCCS provides notification to local law
enforcement regarding the release of offenders over the age of 18 from
its custody. However, similar notifications are not required when minors
are released from OCFS facilities. This poses a signific ant threat to
school and community safety, especially in cases where minors with
violent felony convictions are released from OCFS facilities with no
prior warning to the school district in which they intend to seek educa-
tional services or local law enforcement.

In one instance in the 54th Senate District, a 15-year-old student
brought a loaded firearm to school, held a school principal hostage for
several hours, and was subsequently convicted of multiple felonies. He
was sentenced to serve three to nine years in an OCFS facility. After
serving roughly two and a half years in an OCFS facility, the student,
who was still a minor at the time, was released from OCFS custody back
into the same community where he had committed his previous crime.

Neither the school district nor local law enforcement were notified.
They were only made aware of the situation when the student's mother
left the school a voicemail message requesting educational services for
her son after he had been released. Thankfully, due to the efforts of
the school superintendent, district personnel, and local law enforce-
ment, a plan was quickly implemented to protect the school and community
and prevent a potential tragedy.

This lack of communication by OCFS and DOCCS is unacceptable. Despite
heightened concerns around youth violence and school safety, current
state law does not allow our school districts and local law enforcement
access to critical information which would help them keep our students,
teachers, and communities safe.

The Governor has previously issued an executive order (Executive Order
No. 18) requiring local law enforcement to develop threat assessment
plans and strategies. Millions of dollars have been allocated to support
these efforts. To further support threat assessment capabilities at the
local level, we must ensure that state law allows the timely sharing of
critical information regarding potential threats between OCFS, DOCCS,
schools and local law enforcement.

This legislation would ensure schools and local law enforcement have
access to this information by requiring OCFS and DOCCS to notify school
districts and local law enforcement prior to the release of a minor who
has been convicted of a serious felony from OCFS custody.  It would also
allow school districts and law enforcement to obtain information regard-
ing an individual's record to better inform their threat assessment and
strategies for ensuring public safety.

Under this approach, the privacy of youthful offenders will still be
protected, as school districts are also subject to Health Insurance
Portability and Accountability Act (HIPAA) and Family Educational Rights
and Privacy Act (FERPA) standards which prevent the unauthorized sharing
of private information.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9956 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9956
 
                             I N  S E N A T E
 
                             December 4, 2024
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the correction law, in relation to
   certain required disclosures by the  office  of  children  and  family
   services  upon  the  release  or  discharge  of a juvenile offender or
   adolescent offender

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 508 of the executive law is amended by adding two
 new subdivisions 10 and 11 to read as follows:
   10. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 WHERE A JUVENILE OFFENDER OR  ADOLESCENT  OFFENDER  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE  IS  BEING RELEASED OR DISCHARGED FROM THE CUSTODY OF THE
 OFFICE FOLLOWING A TERM OF COMMITMENT OR PLACEMENT IMPOSED PURSUANT TO A
 FELONY  CONVICTION,  THE  OFFICE  SHALL  PROVIDE   THE   DEPARTMENT   OF
 CORRECTIONS  AND COMMUNITY SUPERVISION WITH ANY AND ALL RECORDS THAT ARE
 NECESSARY TO ASCERTAIN THE NATURE  OF  SUCH  OFFENDER'S  CONVICTION  AND
 WOULD  BE  BENEFICIAL  IN  IDENTIFYING AND MITIGATING ANY RISK THAT SUCH
 OFFENDER COULD POSE TO THE COMMUNITY IF RELEASED OR DISCHARGED.
   11. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 THIRTY DAYS PRIOR TO RELEASING A JUVENILE OFFENDER OR ADOLESCENT  OFFEN-
 DER,  THE  OFFICE AND THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION SHALL NOTIFY THE SCHOOL DISTRICT WHERE SUCH OFFENDER SHALL RESIDE
 OF  SUCH  OFFENDER'S  SCHEDULED  RELEASE  OR  DISCHARGE  DATE  AND  SUCH
 OFFENDER'S  ELIGIBILITY  TO  ENROLL. TO THE EXTENT AUTHORIZED BY FEDERAL
 LAW, PRIOR TO THE RELEASE OR DISCHARGE  OF  SUCH  OFFENDER,  THE  OFFICE
 SHALL  PROVIDE  SUCH  SCHOOL  DISTRICT WITH ANY AND ALL RECORDS THAT ARE
 NECESSARY TO ASCERTAIN THE NATURE  OF  SUCH  OFFENDER'S  CONVICTION  AND
 WOULD  BE  BENEFICIAL  IN  IDENTIFYING AND MITIGATING ANY RISK THAT SUCH
 OFFENDER COULD POSE TO SUCH SCHOOL DISTRICT IF RELEASED OR DISCHARGED.
   § 2. Section 149 of the correction law, as amended by chapter  322  of
 the laws of 2021, is amended to read as follows:
   §  149.  Released  incarcerated  individuals; notification to sheriff,
 police, and district attorney. 1. In the case of any incarcerated  indi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16394-01-4
 S. 9956                             2

 vidual convicted of a felony, it shall be the duty of the department, at
 least  forty-eight  hours  prior to the release of any such incarcerated
 individual from a correctional facility, to notify the chief  of  police
 both  of the city, town or village in which such incarcerated individual
 proposes to reside and of the city, town or village in which such incar-
 cerated individual resided at the time of [his or her] SUCH INCARCERATED
 INDIVIDUAL'S conviction and the district attorney of  the  county  where
 the  offense  for  which the incarcerated individual is incarcerated was
 prosecuted, of the contemplated release of such incarcerated individual,
 informing such chief of police and the district attorney of the name and
 aliases of the incarcerated individual, the address at which [he or she]
 SUCH INCARCERATED INDIVIDUAL proposes to  reside,  the  amount  of  time
 remaining  to  be served, if any, on the full term for which [he or she]
 SUCH INCARCERATED INDIVIDUAL was sentenced, and the nature of the  crime
 for which [he or she] SUCH INCARCERATED INDIVIDUAL was sentenced, trans-
 mitting at the same time to the chief of police a copy of such incarcer-
 ated  individual's  fingerprints and photograph. Where such incarcerated
 individual proposes to reside outside of a city, such notification shall
 be sent to the sheriff of the county in which such incarcerated individ-
 ual proposes to reside. Such notification may be provided by  electronic
 transmission  to those willing jurisdictions that have the capability of
 receiving electronic transmission notification. Any chief of  police  or
 sheriff  who receives notification of a released incarcerated individual
 pursuant to this [section] SUBDIVISION may request and receive from  the
 division  of  criminal justice services a report containing a summary of
 such incarcerated individual's criminal record.
   2. IN THE  CASE  OF  ANY  JUVENILE  OFFENDER  OR  ADOLESCENT  OFFENDER
 CONVICTED  OF  A  FELONY, IT SHALL BE THE DUTY OF THE DEPARTMENT AND THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, AT LEAST FORTY-EIGHT HOURS PRIOR
 TO THE RELEASE OF ANY SUCH OFFENDER FROM A CORRECTIONAL FACILITY  OR  AN
 OFFICE  OF CHILDREN AND FAMILY SERVICES FACILITY, TO NOTIFY THE CHIEF OF
 POLICE BOTH OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH OFFENDER PROPOSES
 TO RESIDE AND OF THE CITY,  TOWN  OR  VILLAGE  IN  WHICH  SUCH  OFFENDER
 RESIDED  AT  THE  TIME  OF  SUCH  OFFENDER'S CONVICTION AND THE DISTRICT
 ATTORNEY OF THE COUNTY WHERE THE OFFENSE  FOR  WHICH  SUCH  OFFENDER  IS
 COMMITTED  OR PLACED IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES WAS PROSECUTED, OF THE CONTEMPLATED RELEASE OF  SUCH  OFFENDER,
 INFORMING SUCH CHIEF OF POLICE AND THE DISTRICT ATTORNEY OF THE NAME AND
 ALIASES OF SUCH OFFENDER, THE ADDRESS AT WHICH SUCH OFFENDER PROPOSES TO
 RESIDE,  THE  AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL
 TERM FOR WHICH SUCH OFFENDER WAS SENTENCED, AND THE NATURE OF THE  CRIME
 FOR  WHICH SUCH OFFENDER WAS SENTENCED, TRANSMITTING AT THE SAME TIME TO
 THE CHIEF OF POLICE A COPY OF SUCH OFFENDER'S  FINGERPRINTS  AND  PHOTO-
 GRAPH.  WHERE  A  JUVENILE  OFFENDER  OR ADOLESCENT OFFENDER PROPOSES TO
 RESIDE OUTSIDE OF A CITY, SUCH NOTIFICATION SHALL BE SENT TO THE SHERIFF
 OF THE COUNTY IN WHICH SUCH OFFENDER PROPOSES TO RESIDE. SUCH  NOTIFICA-
 TION  MAY BE PROVIDED BY ELECTRONIC TRANSMISSION TO THOSE WILLING JURIS-
 DICTIONS THAT HAVE THE CAPABILITY OF RECEIVING  ELECTRONIC  TRANSMISSION
 NOTIFICATION.  ANY  CHIEF OF POLICE OR SHERIFF WHO RECEIVES NOTIFICATION
 OF A RELEASED OR DISCHARGED OFFENDER PURSUANT TO  THIS  SUBDIVISION  MAY
 REQUEST  AND  RECEIVE  FROM  THE DIVISION OF CRIMINAL JUSTICE SERVICES A
 REPORT CONTAINING A SUMMARY OF SUCH OFFENDER'S CRIMINAL RECORD.
   § 3. This act shall take effect immediately.

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