senate Bill S5494A

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

Sponsor Memo

BILL NUMBER:S5494A

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 certain 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 these records unless allowed by
law and approval of the Department, or if said records are dated
earlier than 10 years prior to the information request.

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--A
    Cal. No. 925

                       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  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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 RECORDS OF ARRESTS
AND  CONVICTIONS,  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 UPON ITS REQUEST, FOR ANY INDI-
VIDUAL 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.
NOTWITHSTANDING  THE  PROVISIONS  OF THIS SUBDIVISION, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES SHALL NOT RELEASE TO THE NEW YORK
CITY DEPARTMENT OF CORRECTION ANY SUCH RECORD THAT IS DATED EARLIER THAN
TEN YEARS PRIOR TO THE DATE OF SUCH REQUEST, EXCEPT  THAT  A  RECORD  OF
ESCAPE  OR  ATTEMPTED  ESCAPE  MAY BE RELEASED REGARDLESS OF THE DATE OF
SUCH RECORD. RECORDS RELEASED PURSUANT TO THIS SUBDIVISION SHALL NOT  BE
REDISCLOSED  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.
                                                           LBD11400-02-1

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