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Assembly Bill A5375

2009-2010 Legislative Session

Authorizes the placement of juvenile delinquent for intervening periods in certain nonsecure detention facilities for one week or during school recess

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Archive: Last Bill Status - In Assembly Committee

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2009-A5375 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง353.3, Fam Ct Act

2009-A5375 (ACTIVE) - Summary

Provides that family court may place a person adjudicated a juvenile delinquent in a juvenile detention facility other than a secure detention facility for an intervening week or during vacation or recess periods from school not to exceed 7 days in the aggregate.

2009-A5375 (ACTIVE) - Bill Text download pdf 

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

                                  5375

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. ERRIGO, KOLB, McKEVITT, TOBACCO, WALKER, FINCH --
  Multi-Sponsored  by  --  M.  of  A.  ALFANO, BACALLES, BARRA, BURLING,
  BUTLER, DUPREY, JORDAN, OAKS,  SAYWARD,  TOWNSEND  --  read  once  and
  referred to the Committee on Children and Families

AN  ACT to amend the family court act, in relation to placement of juve-
  nile delinquents

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

  Section  1. Subdivision 1 of section 353.3 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. In accordance with section 352.2, the court may place the  respond-
ent  in  his  own home or in the custody of a suitable relative or other
suitable private person or the commissioner of [social services  or  the
division  for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES pursuant
to article nineteen-G of the executive law, subject to the orders of the
court AND, FOR PURPOSES OF SECTION 352.2 ONLY, MAY ALSO PLACE THE  CHILD
FOR  ONE INTERVENING PERIOD IN A JUVENILE DETENTION FACILITY, OTHER THAN
A SECURE DETENTION FACILITY AS DEFINED IN SECTION SEVEN  HUNDRED  TWENTY
OF THIS ACT, FOR A WEEK OR DURING VACATION OR RECESS FROM SCHOOL BUT NOT
TO EXCEED SEVEN DAYS IN THE AGGREGATE.
  S  2.  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]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION ONE OF THIS
SECTION, IF the respondent has committed a felony the initial period  of
placement  shall  not  exceed  eighteen  months.  If  the respondent has
committed a misdemeanor such  initial  period  of  placement  shall  not
exceed  twelve  months.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05813-01-9

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