S T A T E O F N E W Y O R K
________________________________________________________________________
5373
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. ERRIGO, BUTLER, KOLB, TOBACCO, WALKER, FINCH --
Multi-Sponsored by -- M. of A. BARCLAY, BURLING, CALHOUN, FITZPATRICK,
HAWLEY, McKEVITT, MOLINARO -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, in relation to periods of place-
ment of juvenile delinquents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 353.3 of the family court act, as
amended by chapter 419 of the laws of 1987, is amended to read as
follows:
5. If the respondent has committed a felony the initial period of
placement shall not exceed [eighteen months.] THE FOLLOWING:
(A) FOR A CLASS A FELONY, FIVE YEARS;
(B) FOR A CLASS B FELONY, THREE YEARS;
(C) FOR A CLASS C FELONY, TWO YEARS;
(D) FOR A CLASS D OR E FELONY, EIGHTEEN MONTHS.
If the respondent has committed a misdemeanor such initial period of
placement shall not exceed twelve months. THE COURT SHALL ALSO ESTABLISH
A MINIMUM INITIAL PERIOD OF PLACEMENT, WHICH SHALL NOT EXCEED ONE-HALF
OF THE MAXIMUM PERIOD OF PLACEMENT. 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.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05821-01-9