Assembly Bill A5373

2009-2010 Legislative Session

Extends periods of time of placement for juvenile delinquents

download bill text pdf

Sponsored By

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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2009-A5373 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §353.3, Fam Ct Act

2009-A5373 (ACTIVE) - Summary

Extends maximum periods of time of placement for juvenile delinquents; class A felonies shall not exceed five years, class B felonies shall not exceed three years, class C felonies shall not exceed two years and class D or E felonies shall not exceed eighteen months; provides for a minimum not to exceed half the maximum.

2009-A5373 (ACTIVE) - Bill Text download pdf 

                            
                    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
                               ___________

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

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