NY State Assembly Bill 2009-A455

Assembly Bill A455

2009-2010 Legislative Session

Requires limit to maximum length of stay at residential program for victims of domestic violence

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2010	print number 455a
Jun 14, 2010	amend and recommit to social services
Jan 06, 2010	referred to social services
Jan 07, 2009	referred to social services

Bill Amendments

Original

A (Active)

2009-A455 - Details

Current Committee:: Assembly Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §459-b, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A2651

2009-A455 - Summary

Requires limit to maximum length of stay at residential program for victims of domestic violence to not less than 180 days.

2009-A455 - Sponsor Memo

                                BILL NUMBER:A455

TITLE  OF BILL:  An act to amend the social services law, in relation to
residential services for victims of domestic violence

PURPOSE: This bill would extend the maximum amount of  days  victims  of
domestic  violence may stay in residential programs from 135 days to 180
days, ensuring additional time for them to secure permanent housing.

DESCRIPTION:  This bill would amend the Social Services Law by  amending
section  459-b  adding an additional clause stating that rules and regu-
lations regarding length of stay in residence programs  for  victims  of
domestic  violence,  enforced  by  the  Office  of  Children  and Family
Services, should not be any time less than 180 days.

STATEMENT IN SUPPORT: New York State is the only  state  in  the  nation
that  provides  welfare-based shelter programs, and to qualify, one must
receive public assistance. It has been shown that  victims  of  domestic
violence  have  the  highest  rate of leaving public assistance than any
other group, and that these victims typically use public assistance as a
means to secure permanent housing away from their  abuser  -  which  can
take as long as a year.

Currently,  domestic  violence  victims  may  not  stay  in  residential
programs more than 90 days. Under special circumstances, those  in  need
of  emergency shelter, may stay up to an additional 45 days. In its 2003

Annual Report to the governor and Legislature, the  Office  of  Children
and  Family  Services  found  an  overall increase in shelter denials to
domestic violence victims and their families.  Recent  studies  indicate
that  approximately  20%  of  those  denied  are  either  forced  out or
discharged because they  stayed  the  maximum  amount  of  days  legally
allowed (New Destiny Housing Agency).

In  March  2005,  the  New  York  City Public Advocate released a report
detailing the many issues facing victims of domestic violence, including
housing. The report highlights the frequent situation women  often  face
as  they  are  forced  to  leave  residential programs because they have
stayed the maximum amount of days allowed by current law. As  a  result,
this legislation seeks to address the specific problem of length of stay
by extending the amount of time an eligible domestic violence victim may
remain  in  a  shelter.  According  to  the  New  York  State  Office of
Prevention of Domestic Violence, there is only minimal additional  costs
'associated  with  housing  victims  for an extended period of time, and
domestic violence agencies agree that this legislation is necessary.

LEGISLATIVE HISTORY:  2008 - referred to Social Services Committee  2006
- referred to Social Services Committee

FISCAL IMPACT: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A455 - Bill Text download pdf

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

                                   455

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JACOBS -- read once and referred to the Committee
  on Social Services

AN  ACT  to  amend  the  social services law, in relation to residential
  services for victims of domestic violence

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

  Section 1. Section 459-b of the social services law, as added by chap-
ter 169 of the laws of 1994, is amended to read as follows:
  S  459-b.  Residential  services  for victims of domestic violence. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the [department] OFFICE OF CHILDREN AND FAMILY  SERVICES,
a  social services district shall offer and provide necessary and avail-
able emergency shelter and services at a residential program for victims
of domestic violence to a victim of domestic violence who  was  residing
in  the  social  services  district  at the time of the alleged domestic
violence whether or not such victim is eligible for  public  assistance;
PROVIDED,  HOWEVER, THAT SUCH LAW, RULES AND REGULATIONS SHALL NOT LIMIT
THE MAXIMUM LENGTH OF STAY OF VICTIMS AT SUCH  RESIDENTIAL  PROGRAMS  TO
LESS THAN ONE HUNDRED EIGHTY DAYS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02198-01-9

co-Sponsors

multi-Sponsors

2009-A455A (ACTIVE) - Details

Current Committee:: Assembly Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §459-b, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A2651

2009-A455A (ACTIVE) - Summary

Requires limit to maximum length of stay at residential program for victims of domestic violence to not less than 180 days.

2009-A455A (ACTIVE) - Bill Text download pdf

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

                                 455--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. JACOBS -- Multi-Sponsored by -- M. of A. WEIN-
  STEIN -- read once and referred to the Committee on Social Services --
  recommitted to the Committee on Social  Services  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  social services law, in relation to residential
  services for victims of domestic violence

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

  Section 1. Section 459-b of the social services law, as added by chap-
ter 169 of the laws of 1994, is amended to read as follows:
  S  459-b.  Residential  services  for victims of domestic violence. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the [department] OFFICE OF CHILDREN AND FAMILY  SERVICES,
a  social services district shall offer and provide necessary and avail-
able emergency shelter and services FOR UP TO NINETY DAYS at a  residen-
tial  program  for  victims of domestic violence to a victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance; PROVIDED, HOWEVER, THAT SUCH  LAW,  RULES  AND  REGU-
LATIONS  SHALL  PERMIT  UP TO TWO EXTENSIONS OF UP TO FORTY-FIVE DAYS OF
NECESSARY AND AVAILABLE EMERGENCY SHELTER AND SERVICES AT A  RESIDENTIAL
PROGRAM  FOR  VICTIMS  OF DOMESTIC VIOLENCE IF NEITHER THE RESIDENT, THE
SOCIAL SERVICES DISTRICT NOR THE RESIDENTIAL PROGRAM IS ABLE  TO  SECURE
ALTERNATIVE HOUSING, AS DEFINED BY REGULATION, FOR THE RESIDENT AND SUCH
HOUSING IS NECESSARY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however,  that  effective  immediately  the
commissioner of the office of children and family services is authorized
and directed to promulgate such rules and regulations as he or she deems
necessary  to  implement  the  provisions  of  this act on or before its
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02198-02-0

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Assembly Bill A455

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JACOBS