S T A T E O F N E W Y O R K
________________________________________________________________________
3223
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. JOHN,
MAGEE, MAYERSOHN -- read once and referred to the Committee on Chil-
dren and Families
AN ACT to amend the family court act, in relation to lengthening the
time of placement for certain youthful offenders and to repeal certain
provisions of such act relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and subparagraphs (i), (ii) and (iii)
of paragraph (a) of subdivision 4 of section 353.5 of the family court
act, the opening paragraph and subparagraphs (ii) and (iii) of paragraph
(a) as added by chapter 920 of the laws of 1982 and subparagraph (i) of
paragraph (a) as amended by chapter 419 of the laws of 1987, are amended
to read as follows:
When the order is for a restrictive placement [in the case of a youth
found to have committed a designated class A felony act],
(i) the respondent shall be placed with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES for an initial period of:
(A) five years FOR A CLASS A DESIGNATED FELONY ACT;
(B) FOUR YEARS FOR A CLASS B OR C DESIGNATED FELONY ACT; AND
(C) THREE YEARS FOR A CLASS D OR E DESIGNATED FELONY ACT.
If the respondent has been in detention pending disposition, the
initial period of placement ordered under this section shall be credited
with and diminished by the amount of time spent by the respondent in
detention prior to the commencement of the placement unless the court
finds that all or part of such credit would not serve the needs and best
interests of the respondent or the need for protection of the community.
(ii) the respondent shall initially be confined in a secure facility
for a period set by the order, to be:
(A) not less than [twelve] EIGHTEEN nor more than [eighteen]
TWENTY-FOUR months FOR A CLASS A DESIGNATED FELONY ACT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02426-01-9
A. 3223 2
(B) NOT LESS THAN TWELVE NOR MORE THAN EIGHTEEN MONTHS FOR A CLASS B
OR C DESIGNATED FELONY ACT; AND
(C) NOT LESS THAN SIX MONTHS NOR MORE THAN TWELVE MONTHS FOR A CLASS D
OR E DESIGNATED FELONY ACT; provided, however, where the order of the
court [is made in compliance with subdivision five] INVOLVES A CLASS A
DESIGNATED FELONY, the respondent shall initially be confined in a
secure facility for [eighteen] TWENTY-FOUR months.
(iii) after the period set under [clause] SUBPARAGRAPH (ii), the
respondent shall be placed in a residential facility for:
(A) a period of [twelve] TWENTY-FOUR months FOR A CLASS A DESIGNATED
FELONY ACT;
(B) A PERIOD OF EIGHTEEN MONTHS FOR A CLASS B OR C DESIGNATED FELONY
ACT; AND
(C) A PERIOD TO BE NOT LESS THAN SIX NOR MORE THAN TWELVE MONTHS FOR A
CLASS D OR E DESIGNATED FELONY ACT.
S 2. Paragraph (b) of subdivision 4 of section 353.5 of the family
court act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
(b) Notwithstanding any other provision of law, during the [first
twelve months of the respondent's placement] PERIOD OF THE RESPONDENT'S
INITIAL CONFINEMENT PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A), no
motion, hearing or order may be made, held or granted pursuant to
section 355.1; provided, however, that during such period a motion to
vacate the order may be made pursuant to SECTION 355.1, but only upon
grounds set forth in section 440.10 of the criminal procedure law.
S 3. Subparagraph (iv) of paragraph (c) of subdivision 4 of section
353.5 of the family court act is REPEALED.
S 4. Subdivision 5 of section 353.5 of the family court act is
REPEALED.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the provisions of this act
shall apply to offenses committed on or after the date on which this act
shall have become a law.