senate Bill S64

Provides for alternative to detention programs for court-involved children

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 05 / Jan / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 28 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Provides for reimbursement for alternatives to detention and residential placement programs for youth by the office of children and family services.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4214
Versions:
S64
Legislative Cycle:
2011-2012
Current Committee:
Senate Children And Families
Law Section:
Executive Law
Laws Affected:
Add ยง529-b, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S6711B, A10253A

Sponsor Memo

BILL NUMBER:S64

TITLE OF BILL:
An act
to amend the executive law, in relation to reimbursement for alternatives
to detention and alternative to residential placement programs

PURPOSE OF THE BILL:
To expand the use of alternative to juvenile justice detention and
institutional placement programs.

SUMMARY OF PROVISIONS:
Section 1 amends the executive law to establish a reimbursement to
localities in order to fund alternative to detention and
institutional placement programs.

Section 2 sets the effective date.

EXISTING LAW:
The state currently provides a 50% reimbursement to counties for the
cost of detention and institutional placement, but guarantees no
reimbursement for alternative to detention or alternative to
placement programs.

PRIOR LEGISLATIVE HISTORY:
Passed the Senate on June 22, 2010; Passed the Assembly Children and
Families Committee; Died in Assembly Ways and Means Committee

STATEMENT IN SUPPORT:
The Governor's Task Force on Transforming Juvenile Justice recommends
that New York reduce reliance on placement by encouraging localities
to develop high quality alternative to placement programs. This bill
responds to that recommendation.

New York reimburses local jurisdictions for 50 percent of the cost of
placing a youth in a state operated facility. New York does not
guarantee localities a similar reimbursement when youth are assigned
to more effective and cheaper community-based alternative to
placement programs.

These community-based alternative programs rely on therapeutic
approaches to changing youth behaviors. By keeping the youth in the
community, and working with the youth's family, these programs
achieve better results than institutional placements in state
operated facilities, as demonstrated by the lower re-arrest and
reconviction rates for participants.

This bill establishes a 65 percent reimbursement for these alternative
programs. This level of reimbursement was recommended by the Task
Force, and is also the rate used by programs which are familiar to
localities and providers, such as Community Optional Prevention
Services.

This reimbursement will reduce youth recidivism, provide meaningful
life interventions and drastically reduce the costs associated with
incarcerating juveniles. Institutional placements are very expensive;


indeed,each placement costs approximately $210,000 per child per
year. The Task Force estimates that if New York diverted 15% of the.
youth in OCFS custody to alternative to placement programs, the State
would save nearly $3 million in taxpayer money.

FISCAL IMPACT:
This legislation, if enacted, would significantly reduce placements in
OCFS operated facilities. Each OCFS placement costs more than two
hundred thousand dollars, for which the State reimburses the local
government for fifty percent of the cost. Even a modest reduction in
placements would save the State and local governments millions of
dollars.

EFFECTIVE DATE:
Immediately and shall be deemed to have been in full force on and
after April 1, 2011.

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

                                   64

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
  PARKER,  SAVINO,  SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the executive law,  in  relation  to  reimbursement  for
  alternatives  to  detention  and  alternative to residential placement
  programs

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

  Section  1. The executive law is amended by adding a new section 529-b
to read as follows:
  S 529-B. REIMBURSEMENT FOR ALTERNATIVES TO DETENTION  AND  ALTERNATIVE
TO  RESIDENTIAL PLACEMENT PROGRAMS.  1. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, TO THE EXTENT FUNDS ARE SPECIFICALLY   APPROPRIATED
THEREFOR,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REIMBURSE A
POLITICAL SUBDIVISION, OR COUNTY  OUTSIDE  OF  THE  CITY  OF  NEW  YORK,
SIXTY-FIVE  PERCENT  OF  FUNDS EXPENDED IN ALTERNATIVES TO DETENTION AND
ALTERNATIVE TO RESIDENTIAL PLACEMENT PROGRAMS.
  2. AS USED IN THIS SECTION, THE TERM ALTERNATIVES TO  DETENTION  SHALL
MEAN  COMMUNITY BASED SERVICES, APPROVED BY THE POLITICAL SUBDIVISION OR
COUNTY, WHICH ARE MEANT TO HELP KEEP  YOUTH  AWAITING  TRIAL  IN  FAMILY
COURT  PURSUANT  TO  ARTICLE  THREE OR SEVEN OF THE FAMILY COURT ACT, OR
AWAITING TRIAL IN CRIMINAL COURT, OUT OF DETENTION.  SUCH  SERVICES  MAY
INCLUDE, BUT NOT BE LIMITED TO:
  (A)  SERVICES  OR PROGRAMS WHICH ARE AIMED AT HELPING DETER YOUTH FROM
COMMITTING ACTS, THAT IF COMMITTED BY AN ADULT WOULD CONSTITUTE A  CRIME
UNDER THE PENAL LAW;
  (B)  SERVICES  OR  PROGRAMS WHICH ARE AIMED AT HELPING ENSURE THAT THE
YOUTH APPEARS IN COURT ON SCHEDULED RETURN DATES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01553-01-1

S. 64                               2

  (C) SERVICES OR PROGRAMS  WHICH  PROVIDE  OR  FACILITATE  SUPPORT  FOR
MENTAL  HEALTH DISORDERS, SUBSTANCE ABUSE PROBLEMS OR LEARNING DISABILI-
TIES;
  (D) SERVICES OR PROGRAMS WHICH ARE FAMILY-FOCUSED;
  (E)  SERVICES  OR  PROGRAMS  WHICH  ARE  CAPABLE OF REPLICATION ACROSS
MULTIPLE SITES;
  (F) SERVICES OR PROGRAMS WHICH ARE AIMED AT REDUCING ARREST  RATES  OF
YOUTH PARTICIPATING IN SUCH PROGRAMS; AND
  (G)  SERVICES  OR  PROGRAMS  WHICH  ARE  AIMED  AT  PRODUCING POSITIVE
OUTCOMES FROM YOUTH PARTICIPATING IN SUCH PROGRAMS.
  3. AS USED IN THIS SECTION, THE TERM ALTERNATIVE TO RESIDENTIAL PLACE-
MENT PROGRAMS SHALL MEAN, COMMUNITY BASED PROGRAMS OR SERVICES, APPROVED
BY A POLITICAL SUBDIVISION OR COUNTY OUTSIDE OF THE CITY  OF  NEW  YORK,
WHICH  ARE  MEANT TO PREVENT RESIDENTIAL PLACEMENTS OF YOUTH PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 352.2 OF  THE  FAMILY  COURT
ACT. SUCH SERVICES OR PROGRAMS MAY INCLUDE BUT NOT BE LIMITED TO:
  (A)  SERVICES  OR  PROGRAMS  WHICH  PROVIDE  OR FACILITATE SUPPORT FOR
MENTAL HEALTH DISORDERS, SUBSTANCE ABUSE PROBLEMS AND LEARNING DISABILI-
TIES;
  (B) SERVICES OR PROGRAMS WHICH PROVIDE POST-RELEASE SUPPORT WITHIN THE
YOUTH'S COMMUNITY;
  (C) SERVICES OR PROGRAMS  WHICH  ARE  CAPABLE  OF  REPLICATION  ACROSS
MULTIPLE SITES;
  (D) SERVICES OR PROGRAMS WHICH ARE FAMILY-FOCUSED;
  (E) SERVICES OR PROGRAMS AIMED AT REDUCING RECIDIVISM;
  (F)  SERVICES  OR PROGRAMS WHICH ARE AIMED AT REDUCING ARREST RATES OF
YOUTH PARTICIPATING IN SUCH PROGRAMS; AND
  (G) SERVICES  OR  PROGRAMS  WHICH  ARE  AIMED  AT  PRODUCING  POSITIVE
OUTCOMES FROM YOUTH PARTICIPATING IN SUCH PROGRAMS.
  4.  (A)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A POLI-
TICAL SUBDIVISION OR COUNTY OUTSIDE OF THE CITY OF  NEW  YORK  SHALL  BE
ELIGIBLE  FOR  PROSPECTIVE  REIMBURSEMENT IN ACCORDANCE WITH SUBDIVISION
ONE OF THIS SECTION, FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
ALTERNATIVES TO  DETENTION  AND  ALTERNATIVE  TO  RESIDENTIAL  PLACEMENT
PROGRAMS FUNDED BY SUCH POLITICAL SUBDIVISION OR COUNTY.
  (B)  (I)  IN  ORDER  FOR  A POLITICAL SUBDIVISION OR COUNTY TO RECEIVE
PROSPECTIVE REIMBURSEMENT PURSUANT TO THIS SUBDIVISION,  SUCH  POLITICAL
SUBDIVISION  OR  COUNTY MUST SUBMIT A PLAN TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES DETAILING HOW ALTERNATIVES TO DETENTION AND  ALTERNATIVE
TO RESIDENTIAL PLACEMENT SERVICES SHALL BE PROVIDED WITHIN THE POLITICAL
SUBDIVISION OR COUNTY.
  (II)  PROVIDED HOWEVER, THAT EACH YEAR FOLLOWING THE IMPLEMENTATION OF
THIS SECTION, THE POLITICAL SUBDIVISION OR COUNTY SHALL  SUBMIT  IN  THE
PLAN  REQUIRED  PURSUANT  TO  THIS  SUBDIVISION INFORMATION FOR THE MOST
RECENT PRECEDING YEAR FOR WHICH SUCH  POLITICAL  SUBDIVISION  OR  COUNTY
RECEIVED  FUNDING  PURSUANT  TO  THIS  SECTION.  SUCH  INFORMATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE NUMBER OF YOUTH SERVED IN ALTERNATIVE TO DETENTION OR RESIDEN-
TIAL PLACEMENT PROGRAMS WHICH RECEIVE FUNDING PURSUANT TO THIS  SECTION,
IF KNOWN; AND
  (B)  THE NUMBER OF REDUCTIONS IN DETENTION AND RESIDENTIAL PLACEMENTS,
THAT RESULTED FROM SERVICES OR PROGRAMS FUNDED PURSUANT TO THIS SECTION,
IF KNOWN.
  (C) THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  SHALL  REVIEW  PLANS
SUBMITTED  PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION AND APPROVE OR
DISAPPROVE OF SUCH PLANS SUBMITTED.

S. 64                               3

  (I) IF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  DISAPPROVES  OF  A
PLAN  SUBMITTED PURSUANT TO THIS PARAGRAPH, THE POLITICAL SUBDIVISION OR
COUNTY SHALL HAVE SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
  (II)  UPON  APPROVAL  OF  SUCH PLAN, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL:
  (A) MAKE ALLOCATIONS TO A POLITICAL SUBDIVISION OR COUNTY  IN  ACCORD-
ANCE WITH SUBDIVISION ONE OF THIS SECTION; AND
  (B)  POST  ON  THEIR  WEBSITE  THE  POLITICAL  SUBDIVISION OR COUNTY'S
APPROVED PLAN.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2011; provided
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.