senate Bill S65

Amended

Relates to establishing a juvenile justice smart investment program

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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

  • 05 / Jan / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 28 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 21 / Dec / 2011
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 21 / Dec / 2011
    • PRINT NUMBER 65A
  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Creates a juvenile justice smart investment program.

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Bill Details

See Assembly Version of this Bill:
A4292
Versions:
S65
S65A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §531-a, Exec L; add §99-t, St Fin L
Versions Introduced in 2009-2010 Legislative Cycle:
S6710A, A10252

Sponsor Memo

BILL NUMBER:S65

TITLE OF BILL:
An act to amend the executive law and the state finance law, in
relation to establishing a juvenile justice smart investment program
for the purpose of reducing juvenile justice placements through
program modifications and services

PURPOSE OF THE BILL:
To reinvest savings from reduced reliance on juvenile justice
facilities in the Juvenile Justice Smart Investment Program.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the executive law allowing for savings
from the reduced costs of maintaining juvenile justice facilities in
the juvenile justice smart investment program. The fund can only be
used to fund programs and services for youth which avert institutional
placements.

Section 3 is the effective date.

JUSTIFICATION:
The Governor's Task Force on Juvenile Justice report recommends that
savings from juvenile justice facility closures be reinvested in the
juvenile justice system, where it can be utilized to address the needs
of those same children.

Many of the youth who are placed in juvenile justice facilities are
not there because they represent a risk to public safety- indeed, the
majority of these youth have been convicted of misdemeanor offenses.
These youth have been placed in these facilities because there are not
adequate social service or mental health resources available to them
in their communities. As New York transitions away from an over
reliance on costly institutional placements, we should reinvest the
funds in programs that have demonstrated success in addressing the
needs of these youth.

PRIOR LEGISLATIVE HISTORY:
Passed the Senate Committee on Children and Families on February 26,
2010; Referred to and died in Senate Finance on March 9, 2010;
Referred to and died in Assembly Children and Families Committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. Would
potentially result in a cost savings to the state and local
governments because of costly residential placement of juveniles.

EFFECTIVE DATE: April 1, 2011.

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

                                   65

                       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 -- 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 and the state finance law, in relation
  to establishing a juvenile justice smart investment  program  for  the
  purpose  of  reducing  juvenile  justice  placements  through  program
  modifications and services

  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 531-a
to read as follows:
  S 531-A. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM.  1.  THERE  IS
HEREBY  CREATED  A  JUVENILE JUSTICE SMART INVESTMENT PROGRAM. FUNDS FOR
THE JUVENILE JUSTICE SMART  INVESTMENT  PROGRAM  SHALL  BE  APPROPRIATED
PURSUANT  TO  SECTION  NINETY-NINE-T  OF  THE STATE FINANCE LAW. AMOUNTS
APPROPRIATED TO THE JUVENILE JUSTICE SMART INVESTMENT  PROGRAM  PURSUANT
TO  THIS SECTION OR SECTION NINETY-NINE-T OF THE STATE FINANCE LAW SHALL
BE MADE AVAILABLE TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  WHICH
SHALL  ONLY  USE  SUCH  APPROPRIATIONS TO FUND PROGRAMS OR SERVICES THAT
SEEK TO REDUCE THE NUMBER OF JUVENILE  JUSTICE  PLACEMENTS  PURSUANT  TO
SUBDIVISION  THREE  OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT, OR
JUVENILE DETENTION AS DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  FIVE
HUNDRED  TWO  OF THIS ARTICLE. SUCH PROGRAMS AND SERVICES SHALL INCLUDE,
BUT  NOT  BE  LIMITED  TO,  DEMONSTRATED  EFFECTIVE  PROGRAMS  SUCH   AS
EVIDENCE-BASED  PROGRAMS  OR SERVICES THAT PROVIDE ALTERNATIVES, OR SEEK
TO DIVERT YOUTH FROM  DETENTION  AS  DEFINED  IN  SUBDIVISION  THREE  OF
SECTION  FIVE  HUNDRED TWO OF THIS ARTICLE OR RESIDENTIAL PLACEMENT WITH
THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO SUBDIVISION THREE
OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01549-01-1

S. 65                               2

  S 2. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S  99-T.  THE  JUVENILE  JUSTICE SMART INVESTMENT PROGRAM ACCOUNT.  1.
THERE IS HEREBY CREATED A MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN
AS THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT.  THE  JUVENILE
JUSTICE  SMART  INVESTMENT  PROGRAM  ACCOUNT IS ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE.
  2. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT SHALL CONSIST
OF  FIFTY  PERCENT OF THE SAVINGS THE STATE ACHIEVES ANNUALLY, AS CALCU-
LATED IN THE FINANCIAL PLAN AS DEFINED IN SUBDIVISION SEVEN-A OF SECTION
TWO OF THIS CHAPTER, AS A RESULT OF ANY ACTIONS  TAKEN  IN  THE  CURRENT
STATE FISCAL YEAR OR ANY PREVIOUS STATE FISCAL YEARS.
  3.  AMOUNTS  APPROPRIATED  TO  THE  JUVENILE  JUSTICE SMART INVESTMENT
PROGRAM PURSUANT TO THIS SECTION OR PURSUANT  TO  SECTION  FIVE  HUNDRED
THIRTY-ONE-A  OF THE EXECUTIVE LAW SHALL BE MADE AVAILABLE TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES WHICH SHALL ONLY USE SUCH APPROPRIATIONS
TO FUND PROGRAMS OR SERVICES THAT SEEK TO REDUCE THE NUMBER OF  JUVENILE
JUSTICE  PLACEMENTS  PURSUANT  TO  SUBDIVISION  THREE OR FOUR OF SECTION
353.3 OF THE FAMILY COURT ACT,  OR  JUVENILE  DETENTION  AS  DEFINED  IN
SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW. SUCH
PROGRAMS AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, DEMONSTRATED
EFFECTIVE  PROGRAMS  SUCH  AS  EVIDENCE-BASED  PROGRAMS OR SERVICES THAT
PROVIDE ALTERNATIVES, OR SEEK TO DIVERT YOUTH FROM DETENTION AS  DEFINED
IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW OR
RESIDENTIAL  PLACEMENT  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES
PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION  353.3  OF  THE  FAMILY
COURT ACT.
  S 3. This act shall take effect April 1, 2011.

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