Assembly Bill A2335

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A2335 (ACTIVE) - Details

See Senate Version of this Bill:
S2567
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
2017-2018: A1034, S3348
2021-2022: S3378
2023-2024: S1595

2019-A2335 (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.

2019-A2335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2335
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
                                                            LBD00725-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.