Bill Text: NY S06475 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the probation service to consider the views of the complainant and the impact of the alleged act of juvenile delinquency to determine if an adjustment would be suitable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-13 - SIGNED CHAP.310 [S06475 Detail]

Download: New_York-2019-S06475-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6475

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 12, 2019
                                       ___________

        Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Rules

        AN ACT to amend the family court act, in relation to adjustment of juve-
          nile delinquency cases by local departments of probation in the family
          court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 8 and 9 of section 308.1 of the family court
     2  act, subdivision 8 as amended by chapter 398 of the  laws  of  1983  and
     3  subdivision  9  as added by chapter 920 of the laws of 1982, are amended
     4  to read as follows:
     5    8. The probation service [may not prevent any  person  who  wishes  to
     6  request  that  a petition be filed from having access to the appropriate
     7  presentment agency for that purpose] shall consider  the  views  of  the
     8  complainant and the impact of the alleged act or acts of juvenile delin-
     9  quency upon the complainant and upon the community in determining wheth-
    10  er adjustment under this section would be suitable.
    11    9. Efforts at adjustment pursuant to rules of court under this section
    12  may  not  extend  for  a  period of more than [two] three months without
    13  leave of the court, which may extend the period for  an  additional  two
    14  months.
    15    §  2.  Subdivision  2  of  section  320.6  of the family court act, as
    16  amended by chapter 926 of the laws  of  1982,  is  amended  to  read  as
    17  follows:
    18    2.  At  the  initial  appearance  or at any subsequent appearance, the
    19  court may[, with the consent  of  the  victim  or  complainant  and  the
    20  respondent,]  refer  a  case  to  the  probation  service for adjustment
    21  services.   The probation  service  shall  consider  the  views  of  the
    22  complainant and the impact of the alleged act or acts of juvenile delin-
    23  quency upon the complainant and upon the community in determining wheth-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10679-01-9
        S. 6475                             2

     1  er  adjustment  under  this  section would be suitable. In the case of a
     2  designated felony petition, the consent of the presentment agency  shall
     3  [also]  be  required to refer a case to the probation [services] service
     4  for adjustment services.
     5    §  3.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.