Assembly Bill A1034

2017-2018 Legislative Session

Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1034 (ACTIVE) - Details

See Senate Version of this Bill:
S3348
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§351.1 & 353.4, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A2406, S7251
2011-2012: A822, S2764
2013-2014: A2066, S3329
2015-2016: A1228, S2046
2019-2020: A2335, S2567
2021-2022: S3378
2023-2024: S1595

2017-A1034 (ACTIVE) - Summary

Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.

2017-A1034 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1034
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, in relation to probation, investi-
   gation and diagnostic assessment of juvenile delinquents or any  other
   juvenile delinquent whom the court reasonably finds, on the record, to
   have  a demonstrable need for a remediation of a discernible handicap-
   ping condition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 351.1 of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   1.  Following a determination that a respondent has committed a desig-
 nated felony act OR ANY OTHER JUVENILE DELINQUENT WHOM THE COURT REASON-
 ABLY FINDS, ON THE RECORD, TO HAVE A DEMONSTRABLE NEED FOR A REMEDIATION
 OF A DISCERNIBLE HANDICAPPING CONDITION and prior to  the  dispositional
 hearing,  the judge shall order a probation investigation and a diagnos-
 tic assessment. For the purposes of this article, the probation investi-
 gation shall include, but not be limited to, the history of the juvenile
 including previous conduct, the family situation, any  previous  psycho-
 logical  and  psychiatric  reports,  school  adjustment, previous social
 assistance provided by voluntary or public agencies and the response  of
 the  juvenile  to such assistance. For the purposes of this article, the
 diagnostic assessment shall include, but not be limited  to,  psycholog-
 ical  tests  and psychiatric interviews to determine mental capacity and
 achievement, emotional  stability  and  mental  disabilities.  It  shall
 include  a  clinical assessment of the situational factors that may have
 contributed to the act or acts. When feasible, expert opinion  shall  be
 rendered  as to the risk presented by the juvenile to others or himself,
 with a recommendation as to the need for a restrictive placement.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02041-01-7
              

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