senate Bill S5494

Amended

Relates to the release of certain juvenile justice records

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / May / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 01 / Jun / 2011
    • 1ST REPORT CAL.925
  • 02 / Jun / 2011
    • 2ND REPORT CAL.
  • 06 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • AMENDED ON THIRD READING 5494A
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 30 / Apr / 2012
    • 1ST REPORT CAL.618
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 08 / May / 2012
    • PASSED SENATE
  • 08 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 08 / May / 2012
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Authorizes the release of certain juvenile justice records.

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Bill Details

Versions:
S5494
S5494A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง372, Soc Serv L

Votes

3
0
3
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S5494

TITLE OF BILL:
An act
to amend the social services law, in relation to juvenile justice
records

SUMMARY OF PROVISIONS:
Section 1. Amends Section 372 of the social services law to allow
sharing of juvenile justice records to individuals leaving the
custody of the NYC Administration for Children's Services and
entering the custody of the NYC Department of Corrections. This
section also forbids redisclosure of said records unless allowed by
law and approval of the Department.

JUSTIFICATION:
Accurate classification of adolescent inmates is crucial in order for
the new York City Department of Corrections (DOC) to maintain a safe
and secure environment and to provide services tailored to
adolescents' needs. Approximately 6,000 adolescents, between the ages
of sixteen and eighteen, are admitted to DOC custody each year;
approximately 250 have had at least one prior admission to the
juvenile justice system within a year prior to their DOC admission.
Adolescents are housed separately from adults and have distinct
programming needs.
The adolescent population has been disproportionately involved in
incidents of violence in the jails; while representing only 7% of the
daily population, its involvement in violent incidents is over 19%.

Access to juvenile justice records would enable the DOC to classify
inmates more accurately, ensuring, for example, that inmates with no
prior history of violence or involvement in the adolescent or adult
justice systems not be housed with inmates who pose a high risk of
violence.
Such classifications protect both adolescent and adult populations as
well as DOC staff.

Juvenile justice records will also enable DOC to enhance existing
adolescent programming and to develop new targeted programming to
address adolescent-specific needs, in order to further ensure the
safety of staff and the adolescent population and reduce the
likelihood of future incarcerations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
None to New York City.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5494

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to juvenile justice
  records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 372 of the social services law is amended by adding
a new subdivision 4-c to read as follows:
  4-C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S  SERVICES  MAY  RELEASE  JUVENILE  JUSTICE
RECORDS,  INCLUDING  JUDICIAL  CASE HISTORIES, HISTORIES OF ADMISSION TO
SECURE AND NON-SECURE DETENTION FACILITIES, AND RECORDS OF  BEHAVIOR  IN
SUCH  FACILITIES, TO THE NEW YORK CITY DEPARTMENT OF CORRECTION, FOR ANY
INDIVIDUAL WHO WAS FORMERLY IN THE CUSTODY OF THE NEW YORK CITY ADMINIS-
TRATION FOR CHILDREN'S SERVICES OR A PREDECESSOR AGENCY AND WHO HAS BEEN
ADMITTED INTO THE CUSTODY OF THE NEW YORK CITY DEPARTMENT OF CORRECTION.
JUVENILE JUSTICE RECORDS RELEASED PURSUANT TO THIS SUBDIVISION SHALL NOT
BE RE-DISCLOSED EXCEPT AS  OTHERWISE  PERMITTED  BY  LAW  AND  UPON  THE
APPROVAL OF THE DEPARTMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-01-1

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