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.