Bill Text: NY A05375 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the family court act, in relation to placement of juvenile delinquents

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2010-01-06 - referred to children and families [A05375 Detail]

Download: New_York-2009-A05375-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5375
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced by M. of A. ERRIGO, KOLB, McKEVITT, TOBACCO, WALKER, FINCH --
         Multi-Sponsored  by  --  M.  of  A.  ALFANO, BACALLES, BARRA, BURLING,
         BUTLER, DUPREY, JORDAN, OAKS,  SAYWARD,  TOWNSEND  --  read  once  and
         referred to the Committee on Children and Families
       AN  ACT to amend the family court act, in relation to placement of juve-
         nile delinquents
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 353.3 of the family court act, as
    2  added by chapter 920 of the laws of 1982, is amended to read as follows:
    3    1. In accordance with section 352.2, the court may place the  respond-
    4  ent  in  his  own home or in the custody of a suitable relative or other
    5  suitable private person or the commissioner of [social services  or  the
    6  division  for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES pursuant
    7  to article nineteen-G of the executive law, subject to the orders of the
    8  court AND, FOR PURPOSES OF SECTION 352.2 ONLY, MAY ALSO PLACE THE  CHILD
    9  FOR  ONE INTERVENING PERIOD IN A JUVENILE DETENTION FACILITY, OTHER THAN
   10  A SECURE DETENTION FACILITY AS DEFINED IN SECTION SEVEN  HUNDRED  TWENTY
   11  OF THIS ACT, FOR A WEEK OR DURING VACATION OR RECESS FROM SCHOOL BUT NOT
   12  TO EXCEED SEVEN DAYS IN THE AGGREGATE.
   13    S  2.  Subdivision  5  of  section  353.3  of the family court act, as
   14  amended by chapter 419 of the laws  of  1987,  is  amended  to  read  as
   15  follows:
   16    5.  [If]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION ONE OF THIS
   17  SECTION, IF the respondent has committed a felony the initial period  of
   18  placement  shall  not  exceed  eighteen  months.  If  the respondent has
   19  committed a misdemeanor such  initial  period  of  placement  shall  not
   20  exceed  twelve  months.  If the respondent has been in detention pending
   21  disposition, the initial period of placement ordered under this  section
   22  shall be credited with and diminished by the amount of time spent by the
   23  respondent  in  detention  prior  to  the  commencement of the placement
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05813-01-9
       A. 5375                             2
    1  unless the court finds that all or part of such credit would  not  serve
    2  the  needs  and  best  interests  of  the  respondent  or  the  need for
    3  protection of the  community.
    4    S  3.  This act shall take effect on the first of July next succeeding
    5  the date on which it shall have become a law.
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