A. 5422 2
sexual act in the first degree); 130.70 (aggravated sexual abuse in the
first degree); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree); 215.17 (INTIMIDATING A VICTIM OR WITNESS
IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST
DEGREE); OR 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE) of
the penal law; or section 265.03 of the penal law, where such machine
gun or such firearm is possessed on school grounds, as that phrase is
defined in subdivision fourteen of section 220.00 of the penal law; or
defined in the penal law as an attempt to commit [murder in the second
degree or kidnapping in the first degree, or such conduct as a sexually
motivated felony, where authorized pursuant to section 130.91 of the
penal law] ANY OF THE FOREGOING CRIMES.
S 3. Subdivision 3 of section 10.10 of the criminal procedure law is
amended to read as follows:
3. "Local criminal court" means:
(a) A district court; or
(b) The New York City criminal court; or
(c) A city court; or
(d) A town court; or
(e) A village court; or
(f) A supreme court justice sitting as a local criminal court; or
(g) A county judge sitting as a local criminal court; OR
(H) A FAMILY COURT, BUT ONLY FOR THE PURPOSE OF ARTICLE SIX HUNDRED
NINETY OF THIS CHAPTER.
S 4. Subdivisions (a) and (b) of section 190.71 of the criminal proce-
dure law, subdivision (a) as amended by chapter 7 of the laws of 2007
and subdivision (b) as added by chapter 481 of the laws of 1978, are
amended to read as follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict [(i)] a person [thirteen] LESS THAN
SIXTEEN years of age [for any conduct or crime other than conduct
constituting a crime defined in subdivisions one and two of section
125.25 (murder in the second degree) or such conduct as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (ii) a person fourteen or fifteen years of age for any conduct or
crime other than conduct constituting a crime defined in subdivisions
one and two of section 125.25 (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the murder charge is one for which such person is criminally responsi-
ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree); subdivisions one and two of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section 160.10 (robbery in the
second degree) of the penal law; subdivision four of section 265.02 of
the penal law, where such firearm is possessed on school grounds, as
that phrase is defined in subdivision fourteen of section 220.00 of the
penal law; or section 265.03 of the penal law, where such machine gun or
A. 5422 3
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law; or defined
in the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law] AT
THE TIME THE OFFENSE WAS COMMITTED OTHER THAN A JUVENILE OFFENDER AS
DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER.
(b) A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person TWELVE, thirteen, fourteen or
fifteen years of age did an act which, if done by a person over the age
of sixteen, would constitute a crime provided (1) such act is one for
which it may not indict; (2) it does not indict such person for a crime;
and (3) the evidence before it is legally sufficient to establish that
such person did such act and competent and admissible evidence before it
provides reasonable cause to believe that such person did such act.
S 5. Subdivision 7 of section 210.30 of the criminal procedure law, as
added by chapter 136 of the laws of 1980, is amended to read as follows:
7. Notwithstanding any other provision of law, where the indictment is
filed against a juvenile offender, the court shall dismiss the indict-
ment or count thereof where the evidence before the grand jury was not
legally sufficient to establish the offense charged or any lesser
included offense for which the defendant is criminally responsible.
Upon such dismissal, unless the court shall authorize the people to
resubmit the charge to a subsequent grand jury, and upon a finding that
there was sufficient evidence to believe defendant is a juvenile delin-
quent as defined in subdivision [(a)] ONE of section [seven hundred
twelve] 301.2 of the family court act and upon specifying the act or
acts it found sufficient evidence to believe defendant committed, the
court may direct that such matter be removed to family court in accord-
ance with the provisions of article seven hundred twenty-five of this
chapter.
S 6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
(b) with the consent of the district attorney, order removal of an
action involving an indictment charging a juvenile offender with [murder
in the second degree as defined in section 125.25 of the penal law; rape
in the first degree, as defined in subdivision one of section 130.35 of
the penal law; criminal sexual act in the first degree, as defined in
subdivision one of section 130.50 of the penal law;] A CLASS A OR B
FELONY or an armed felony as defined in [paragraph (a) of] subdivision
forty-one of section 1.20, to the family court pursuant to the
provisions of article seven hundred twenty-five of this chapter if the
court finds one or more of the following factors: (i) mitigating circum-
stances that bear directly upon the manner in which the crime was
committed; (ii) where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii) possi-
ble deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two of this section, the court
determined that removal of the action to the family court would be in
the interests of justice.
S 7. Subparagraph (iii) and the second undesignated paragraph of para-
graph (g) of subdivision 5 of section 220.10 of the criminal procedure
law, subparagraph (iii) as amended by chapter 264 of the laws of 2003
A. 5422 4
and the second undesignated paragraph as amended by chapter 920 of the
laws of 1982, are amended to read as follows:
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a TWELVE OR thirteen year old with the crime of
murder in the second degree, or a fourteen or fifteen year old with the
crimes of rape in the first degree as defined in subdivision one of
section 130.35 of the penal law, or criminal sexual act in the first
degree as defined in subdivision one of section 130.50 of the penal law,
or an armed felony as defined in paragraph (a) of subdivision forty-one
of section 1.20 of this chapter specific factors, one or more of which
reasonably supports the recommendation, showing, (i) mitigating circum-
stances that bear directly upon the manner in which the crime was
committed, or (ii) where the defendant was not the sole participant in
the crime, that the defendant's participation was relatively minor
although not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime, or (iv) where the
juvenile offender has no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
If the court is of the opinion based on specific factors set forth in
the district attorney's memorandum that the interests of justice would
best be served by removal of the action to the family court, a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a TWELVE OR thirteen year old charged with the
crime of murder in the second degree may only plead to a designated
felony act, as defined in subdivision eight of section 301.2 of the
family court act.
S 8. Subdivisions 4 and 5 of section 380.50 of the criminal procedure
law, as added by chapter 7 of the laws of 2007, are amended to read as
follows:
4. Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is committed to
the custody of the department of correctional services OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES upon a sentence of imprisonment for
conviction of a violent felony offense as defined in section 70.02 of
the penal law or a felony defined in article one hundred twenty-five of
such law, or a sex offense as defined in subdivision (p) of section
10.03 of the mental hygiene law OR FOR CONVICTION AS A JUVENILE OFFENDER
AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THE PENAL LAW,
within sixty days of the imposition of sentence the prosecutor shall
provide the victim with a form, prepared and distributed by the commis-
sioner of the department of correctional services, on which the victim
may indicate a demand to be informed of the escape, absconding,
discharge, parole, conditional release, release to post-release super-
vision, transfer to the custody of the office of mental health pursuant
to article ten of the mental hygiene law, or release from confinement
under article ten of the mental hygiene law of the person so imprisoned.
A. 5422 5
If the victim submits a completed form to the prosecutor, it shall be
the duty of the prosecutor to mail promptly such form to the department
of correctional services. WHERE A DEFENDANT IS COMMITTED TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONAL SERVICES
SHALL RETAIN A COPY OF THE FORM FOR ITS FILES AND PROMPTLY FORWARD A
COPY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
5. Following the receipt of such form from the prosecutor, it shall be
the duty of the department of correctional services OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES or, where the person is committed to the
custody of the office of mental health, at the time such person is
discharged, paroled, conditionally released, released to post-release
supervision, or released from confinement under article ten of the
mental hygiene law, to notify the victim of such occurrence by certified
mail directed to the address provided by the victim. In the event such
person escapes or absconds from a facility under the jurisdiction of the
department of correctional services OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES, it shall be the duty of such department OR OFFICE to notify
immediately the victim of such occurrence at the most current address or
telephone number provided by the victim in the most reasonable and expe-
dient possible manner. In the event such escapee or absconder is subse-
quently taken into custody by the department of correctional services OR
THE OFFICE OF CHILDREN AND FAMILY SERVICES, it shall be the duty of such
department OR OFFICE to notify the victim of such occurrence by certi-
fied mail directed to the address provided by the victim within forty-
eight hours of regaining such custody. In the case of a person who
escapes or absconds from confinement under article ten of the mental
hygiene law, the office of mental health shall notify the victim or
victims in accordance with the procedures set forth in subdivision (g)
of section 10.10 of the mental hygiene law. In no case shall the state
be held liable for failure to provide any notice required by this subdi-
vision.
S 9. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
(a) the conviction to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii) A CLASS B VIOLENT
FELONY AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW,
EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, OR (III) an
armed felony as defined in subdivision forty-one of section 1.20, except
as provided in subdivision three OF THIS SECTION, [or (iii) rape in the
first degree, criminal sexual act in the first degree, or aggravated
sexual abuse, except as provided in subdivision three,] or
S 10. Subdivision 3 of section 720.10 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
3. Notwithstanding the provisions of subdivision two, a youth who has
been convicted of A CLASS B VIOLENT FELONY AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW OR an armed felony
offense [or of rape in the first degree, criminal sexual act in the
first degree, or aggravated sexual abuse] AS DEFINED IN SUBDIVISION
FORTY-ONE OF SECTION 1.20 OF THIS CHAPTER is an eligible youth if the
court determines that one or more of the following factors exist: (i)
mitigating circumstances that bear directly upon the manner in which the
crime was committed; or (ii) where the defendant was not the sole
participant in the crime, the defendant's participation was relatively
minor although not so minor as to constitute a defense to the prose-
A. 5422 6
cution. Where the court determines that the eligible youth is a youthful
offender, the court shall make a statement on the record of the reasons
for its determination, a transcript of which shall be forwarded to the
state division of criminal justice services, to be kept in accordance
with the provisions of subdivision three of section eight hundred thir-
ty-seven-a of the executive law.
S 11. Section 720.15 of the criminal procedure law is REPEALED.
S 12. Paragraph (a) of subdivision 1 of section 720.20 of the criminal
procedure law, as amended by chapter 652 of the laws of 1974, is amended
to read as follows:
(a) If in the opinion of the court the interest of justice would be
served by relieving the eligible youth from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment [of]
more than [four years] THAT AUTHORIZED PURSUANT TO SUBDIVISIONS TWO AND
TWO-A OF SECTION 60.02 OF THE PENAL LAW, the court may, in its
discretion, find the eligible youth is a youthful offender; and
S 13. Subdivision 4 of section 720.20 of the criminal procedure law is
REPEALED.
S 14. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 452 of the laws of 1992, is amended to read as
follows:
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disquali-
fication of any person so adjudged to hold public office or public
employment or to receive any license granted by public authority but
shall be deemed a conviction [only] (I) for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m of
the executive law OR (II) FOR THE PURPOSE OF DETERMINING WHETHER THE
PERSON IS SUBJECT TO SENTENCE PURSUANT TO SECTION 70.04, 70.06, 70.08 OR
70.10 OF THE PENAL LAW, WHENEVER THE PERSON HAS COMMITTED A VIOLENT
FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE
PENAL LAW, WITHIN FIVE YEARS OF THE DATE ON WHICH HE OR SHE WAS ADJUDI-
CATED A YOUTHFUL OFFENDER FOR A FELONY OFFENSE, AND HAS BEEN CONVICTED
OF SUCH VIOLENT FELONY OFFENSE.
S 15. Subdivision 2 of section 720.35 of the criminal procedure law,
as amended by chapter 412 of the laws of 2001, is amended to read as
follows:
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may not be made
available to any person or public or private agency, other than (A) ANY
STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE ISSUANCE OF
LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICATION FOR SUCH
LICENSE; OR (B) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE
OFFICER AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND
THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICA-
TION FOR EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED,
HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSITION OF
POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THEREOF; OR (C) the designated educational official
of the public or private elementary or secondary school in which the
youth is enrolled as a student provided that such local educational
official shall only have made available a notice of such adjudication
A. 5422 7
and shall not have access to any other official records and papers, such
youth or such youth's designated agent (but only where the official
records and papers sought are on file with a court and request therefor
is made to that court or to a clerk thereof), an institution to which
such youth has been committed, the division of parole and a probation
department of this state that requires such official records and papers
for the purpose of carrying out duties specifically authorized by law;
provided, however, that information regarding an order of protection or
temporary order of protection issued pursuant to section 530.12 of this
chapter or a warrant issued in connection therewith may be maintained on
the statewide automated order of protection and warrant registry estab-
lished pursuant to section two hundred twenty-one-a of the executive law
during the period that such order of protection or temporary order of
protection is in full force and effect or during which such warrant may
be executed. Such confidential information may be made available pursu-
ant to law only for purposes of adjudicating or enforcing such order of
protection or temporary order of protection and, where provided to a
designated educational official, as defined in section 380.90 of this
chapter, for purposes related to the execution of the student's educa-
tional plan, where applicable, successful school adjustment and reentry
into the community. Such notification shall be kept separate and apart
from such student's school records and shall be accessible only by the
designated educational official. Such notification shall not be part of
such student's permanent school record and shall not be appended to or
included in any documentation regarding such student and shall be
destroyed at such time as such student is no longer enrolled in the
school district. At no time shall such notification be used for any
purpose other than those specified in this subdivision.
S 16. Section 720.35 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A PERSON
STANDS CONVICTED OF A FELONY OFFENSE COMMITTED WITHIN FIVE YEARS OF THE
DATE ON WHICH HE OR SHE WAS ADJUDICATED A YOUTHFUL OFFENDER FOR A FELONY
OFFENSE, ALL RECORDS PERTAINING TO THE YOUTHFUL OFFENDER ADJUDICATION
SHALL NO LONGER BE CONFIDENTIAL.
S 17. Section 725.00 of the criminal procedure law, as amended by
chapter 411 of the laws of 1979, is amended to read as follows:
S 725.00 Applicability.
The provisions of this article apply in any case where a court directs
that an action or charge is to be removed to the family court under
section 180.75, 190.71, 210.30, 210.43, 220.10, 310.85 or 330.25 of this
chapter.
S 18. Subdivision 2 of section 259-a of the executive law, as amended
by chapter 7 of the laws of 2007, is amended to read as follows:
2. The division shall cause complete records to be kept of every
person on presumptive release, parole, conditional release or post-re-
lease supervision. Such records shall contain the aliases and photograph
of each such person, and the other information referred to in subdivi-
sion one of this section, as well as all reports of parole officers in
relation to such persons. Such records shall be maintained by the divi-
sion and may be made available as deemed appropriate by the chairman for
use by the department of correctional services, THE OFFICE OF CHILDREN
AND FAMILY SERVICES, the commissioner of mental health, the commissioner
of mental retardation and developmental disabilities, the case review
panel, and the attorney general pursuant to section 10.05 of the mental
hygiene law, the division, and the board of parole. Such records shall
A. 5422 8
be organized in accordance with methods of filing and indexing designed
to insure the immediate availability of complete information about such
persons.
S 19. Subdivision 1 of section 501-c of the executive law is amended
by adding a new paragraph (e) to read as follows:
(E) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT ACCESS TO
PHOTOGRAPHS TAKEN OF A YOUTH AS AUTHORIZED BY SUBDIVISION THREE OF
SECTION FIVE HUNDRED SEVEN-A OF THIS ARTICLE.
S 20. Subdivision 1 of section 504-a of the executive law, as amended
by chapter 283 of the laws of 1977 and such section as renumbered by
chapter 465 of the laws of 1992, is amended to read as follows:
1. As used in this article, "secure facility" means a residential
facility in which a juvenile delinquent may be placed OR TO WHICH A
JUVENILE OFFENDER MAY BE SENTENCED under this article, which is charac-
terized by physically restricting construction, hardware and procedures,
and is designated as a secure facility by the [division] OFFICE OF CHIL-
DREN AND FAMILY SERVICES under this section. AS USED IN THIS SECTION
"MAXIMUM SECURE FACILITY" MEANS A SECURE FACILITY DESIGNATED BY THE
COMMISSIONER FOR THE PURPOSE OF HOUSING YOUTHS PLACED UNDER THIS ARTICLE
WHO BY REASON OF THEIR CONDUCT DURING PLACEMENT OR BY REASON OF THE ACT
OR ACTS WHICH THEY COMMITTED REQUIRE MORE INTENSIVE STRUCTURE, SECURITY
AND SUPERVISION THAN MAY BE PROVIDED IN A STANDARD SECURE FACILITY. IN
PLACING SUCH YOUTHS IN A MAXIMUM SECURE FACILITY, THE COMMISSIONER SHALL
CONSIDER THE NEED FOR SEGREGATING THEM FROM OTHER YOUTHS PLACED IN
SECURE FACILITIES.
S 21. Subdivision 3 of section 504-a of the executive law, as amended
by chapter 204 of the laws of 1977, paragraph (a) as amended by chapter
920 of the laws of 1982 and such section as renumbered by chapter 465 of
the laws of 1992, is amended to read as follows:
3. A youth shall be placed in, COMMITTED TO, or transferred to a
secure facility only:
(a) by order of the family court pursuant to PARAGRAPH (A) OF SUBDIVI-
SION THREE OF SECTION 353.3 OR section 353.5 of the family court act; or
(b) after a hearing pursuant to regulations of the [division] OFFICE
OF CHILDREN AND FAMILY SERVICES, with the written approval of the
[director] COMMISSIONER of [the division] SUCH OFFICE or his or her
designee[.]; OR
(C) UPON BEING SENTENCED AS A JUVENILE OFFENDER TO IMPRISONMENT PURSU-
ANT TO THE PENAL LAW.
S 22. The opening paragraph of subdivision 4 and subdivision 5 of
section 504-a of the executive law, the opening paragraph of subdivision
4 as amended by chapter 555 of the laws of 1978 and subdivision 5 as
added by chapter 478 of the laws of 1978 and such section as renumbered
by chapter 465 of the laws of 1992, are amended to read as follows:
The [division] OFFICE OF CHILDREN AND FAMILY SERVICES, shall promul-
gate regulations governing secure facilities, INCLUDING MAXIMUM SECURE
FACILITIES, of [the division] SUCH OFFICE, including but not limited to:
5. A juvenile delinquent OR A JUVENILE OFFENDER residing in a facility
operated pursuant to this title may be maintained in group confinement
if he OR SHE constitutes a serious and evident danger to himself OR
HERSELF or other persons, if such confinement is clearly necessary to
prevent escape, if the child demonstrates by his OR HER behavior that he
OR SHE is in need of special care and attention in a living unit sepa-
rate from his OR HER normal surroundings, or if such confinement is
necessary for purposes of the child's own protection. A JUVENILE DELIN-
QUENT OR JUVENILE OFFENDER RESIDING IN A FACILITY OPERATED PURSUANT TO
A. 5422 9
THIS TITLE MAY BE CONFINED IN A MAXIMUM SECURE FACILITY IF THE COMMIS-
SIONER DETERMINES IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION
THAT SUCH CONFINEMENT IS REQUIRED. The [division] OFFICE OF CHILDREN AND
FAMILY SERVICES shall promulgate regulations providing for a procedure
governing transfers to group confinement AND CONFINEMENT IN MAXIMUM
SECURE FACILITIES and periodic review of such confinement.
S 23. Subdivision 3 of section 507-a of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may photo-
graph any youth in its custody. Such photograph may be used [only] for
the purpose of assisting in the return of conditionally released chil-
dren and runaways pursuant to section five hundred ten-b of this arti-
cle. Such photograph shall be destroyed immediately upon the discharge
of the youth from [division] OFFICE OF CHILDREN AND FAMILY SERVICES
custody. UPON A WRITTEN REQUEST, A COPY OF THE PHOTOGRAPH MAY BE
PROVIDED TO ANY POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY, DISTRICT
ATTORNEY, PRESENTMENT AGENCY OR COURT FOR THE PURPOSE OF ASSISTING IN AN
ONGOING INVESTIGATION.
S 24. The section heading and subdivision 7 of section 508 of the
executive law, the section heading as added by chapter 481 of the laws
of 1978 and subdivision 7 as separately amended by chapters 308 and 316
of the laws of 1983 and such section as renumbered by chapter 465 of the
laws of 1992, are amended to read as follows:
Juvenile offender [facilities] COMMITMENTS.
7. While in the custody of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, an offender shall be subject to the rules and regu-
lations of [the division] SUCH OFFICE except that his OR HER RELEASE TO
THE SUPERVISION OF THE DIVISION OF parole, temporary release and
discharge shall be governed by the laws applicable to inmates of state
correctional facilities and his OR HER transfer to state hospitals in
the office of mental health shall be governed by section five hundred
seventeen of this [chapter] ARTICLE. The [director] COMMISSIONER of the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall,
however, establish and operate temporary release programs at [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES facilities for eligi-
ble juvenile offenders and contract with the division of parole for the
provision of parole supervision services for temporary releasees. The
rules and regulations for these programs shall not be inconsistent with
the laws for temporary release applicable to inmates of state correc-
tional facilities. For the purposes of temporary release programs for
juvenile offenders only, when referred to or defined in article twenty-
six of the correction law, "institution" shall mean any facility desig-
nated by the [director] COMMISSIONER of the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, "department" shall mean the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, "inmate" shall mean a
juvenile offender residing in [a division for youth] AN OFFICE OF CHIL-
DREN AND FAMILY SERVICES facility, and "commissioner" shall mean the
[director] COMMISSIONER of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES. Time spent in [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES facilities and in juvenile detention facilities
shall be credited towards the sentence imposed in the same manner and to
the same extent applicable to inmates of state correctional facilities.
S 25. Subdivision 1 of section 510-a of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may condi-
tionally release any youth placed with the [division] OFFICE OF CHILDREN
A. 5422 10
AND FAMILY SERVICES to aftercare whenever it deems such conditional
release to be in the best interest of the youth, that suitable care and
supervision can be provided and that there is a reasonable probability
that the youth can be conditionally released without endangering the
public safety; provided, however, that no youth while absent from a
facility or program without the consent of the director of such facility
or program shall be conditionally released by the [division] OFFICE OF
CHILDREN AND FAMILY SERVICES solely by reason of the absence. ANY YOUTH
RELEASED FROM A RESIDENTIAL FACILITY PURSUANT TO THIS SECTION SHALL BE
SUBJECT TO CONDITIONS OF RELEASE, WHICH MAY INCLUDE THAT THE YOUTH
COMPLY WITH A CURFEW, ATTEND SCHOOL REGULARLY OR OBTAIN REGULAR EMPLOY-
MENT, AVOID INJURIOUS, DELINQUENT OR CRIMINAL CONDUCT, COOPERATE WITH
ANY MENTAL HEALTH, SOCIAL SERVICES OR OTHER APPROPRIATE COMMUNITY FACIL-
ITY OR AGENCY TO WHICH THE YOUTH MAY BE REFERRED, OBEY ALL REASONABLE
COMMANDS OF THE PARENT OR OTHER PERSON OR AGENCY LEGALLY RESPONSIBLE FOR
THE YOUTH'S CARE AND COMPLY WITH ANY OTHER REASONABLE CONDITIONS IMPOSED
BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE YOUTH'S PARENT OR
OTHER LEGALLY RESPONSIBLE PERSON MAY BE REQUESTED TO PARTICIPATE IN THE
AFTERCARE PROGRAM PROVIDED TO SUCH YOUTH AND TO ASSIST IN THE YOUTH'S
COMPLIANCE WITH THE CONDITIONS OF RELEASE. THE OFFICE OF CHILDREN AND
FAMILY SERVICES MAY CONSIDER THE WILLINGNESS OF SUCH LEGALLY RESPONSIBLE
PERSON TO COMPLY WITH SUCH REQUESTS IN DETERMINING WHETHER TO CONDI-
TIONALLY RELEASE THE YOUTH TO THE HOME OR TO RETURN A CONDITIONALLY
RELEASED YOUTH TO A RESIDENTIAL PROGRAM; PROVIDED HOWEVER, THE UNWILL-
INGNESS OF SUCH PERSON TO PARTICIPATE SHALL NOT BE THE SOLE REASON TO
RETURN A CONDITIONALLY RELEASED YOUTH TO A RESIDENTIAL PROGRAM. The
[division] OFFICE OF CHILDREN AND FAMILY SERVICES may establish regu-
lations in connection with such conditional release.
S 26. Subdivision 2 of section 510-c of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
2. Except as provided in subdivision three of this section, any child
who has been placed with the [division] OFFICE OF CHILDREN AND FAMILY
SERVICES shall be deemed to have been discharged therefrom if, during
the period provided in the order of placement or extension thereof, the
child is TRANSFERRED TO THE DEPARTMENT OF CORRECTIONAL SERVICES OR IS
convicted of a crime or adjudicated a youthful offender, and is commit-
ted to an institution in the department of correctional services or
department of mental hygiene, or receives a one year sentence in a local
correctional facility.
S 27. Subdivision 4 of section 510-c of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
4. [Upon the placement of any child eighteen years of age or over, or
upon the eighteenth birthday of any child placed in the custody of the
division for an adjudication of juvenile delinquency for having commit-
ted an act which if committed by an adult would constitute a felony, and
still in the custody of the division, the division shall notify the
division of criminal justice services of such placement or birthday
provided, however, in the case of a child eleven or twelve years of age,
at the time the act or acts were committed, the division of criminal
justice services shall not be provided with the child's name, unless the
acts committed by such child would constitute a class A or B felony.]
Upon the [subsequent] discharge of [said child it shall be the duty of]
ANY YOUTH (A) PLACED IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES FOR AN ADJUDICATION OF JUVENILE DELINQUENCY AFTER HAVING BEEN
ARRESTED FOR AN ACT WHICH WAS FINGERPRINTABLE PURSUANT TO SUBDIVISION
ONE OF SECTION 306.1 OF THE FAMILY COURT ACT; OR (B) COMMITTED TO THE
A. 5422 11
CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THE
PENAL LAW, the [division to] OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL notify the division of criminal justice services WITHIN A REASON-
ABLE TIME PERIOD of [that fact] SUCH DISCHARGE and the date [of
discharge. For the purposes of this subdivision, a child's age shall be
determined to be the age stated in the placement order] THEREOF.
S 28. The opening paragraph of subdivision (b) of section 117 of the
family court act, as amended by chapter 7 of the laws of 2007, is
amended to read as follows:
For every juvenile delinquency proceeding under article three involv-
ing [an allegation of an act committed by a person which, if done by an
adult, would be a crime (i) defined in sections 125.27 (murder in the
first degree); 125.25 (murder in the second degree); 135.25 (kidnapping
in the first degree); or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) defined in sections
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); 130.35 (rape in the first degree); 130.50 ( criminal sexual act
in the first degree); 135.20 (kidnapping in the second degree), but only
where the abduction involved the use or threat of use of deadly physical
force; 150.15 (arson in the second degree); or 160.15 (robbery in the
first degree) of the penal law committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iii) defined in the penal law as an attempt to commit murder in
the first or second degree or kidnapping in the first degree committed
by a person thirteen, fourteen or fifteen years of age; or such conduct
committed as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; (iv) defined in section 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law committed by a person fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(v) defined in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed by a person
fourteen or fifteen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at least seven
but less than sixteen years of age, but only where there has been two
prior findings by the court that such person has committed a prior act
which, if committed by an adult would be a felony] A DESIGNATED FELONY
ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2 OF THIS ACT:
S 29. Section 301.1 of the family court act, as added by chapter 920
of the laws of 1982, is amended to read as follows:
S 301.1. Purpose. The purpose of this article is to establish proce-
dures in accordance with due process of law (a) to determine whether a
person is a juvenile delinquent and (b) to issue an appropriate order of
A. 5422 12
disposition for any person who is adjudged a juvenile delinquent. In
any proceeding under this article, the court shall consider the needs
and best interests of the respondent [as well as], the need for
protection of the community, AND THE NEED FOR JUVENILE ACCOUNTABILITY
AND PARENTAL SUPPORT THEREFOR.
S 30. Subdivision 7 of section 301.2 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended to read as
follows:
7. "Dispositional hearing" means a hearing to determine [whether the
respondent requires supervision, treatment or confinement] THE APPROPRI-
ATE DISPOSITION TO BE ORDERED BY THE COURT.
S 31. Subdivision 8 of section 301.2 of the family court act is
REPEALED and a new subdivision 8 is added to read as follows:
8. "DESIGNATED FELONY ACT" MEANS
(A) AN ACT COMMITTED BY A PERSON TWELVE YEARS OF AGE WHICH, IF DONE BY
AN ADULT, WOULD BE A CRIME DEFINED AS A CLASS A FELONY IN SECTION 125.27
(MURDER IN THE FIRST DEGREE); 125.25 (MURDER IN THE SECOND DEGREE);
135.25 (KIDNAPPING IN THE FIRST DEGREE); OR 150.20 (ARSON IN THE FIRST
DEGREE) OF THE PENAL LAW; OR
(B) AN ACT COMMITTED BY A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS
OF AGE WHICH, IF DONE BY AN ADULT, WOULD BE A CRIME DEFINED AS A:
(I) CLASS A FELONY IN SECTION 125.27 (MURDER IN THE FIRST DEGREE);
125.25 (MURDER IN THE SECOND DEGREE); 135.25 (KIDNAPPING IN THE FIRST
DEGREE); OR 150.20 (ARSON IN THE FIRST DEGREE) OF THE PENAL LAW;
(II) CLASS B FELONY IN SECTION 120.07 (GANG ASSAULT IN THE FIRST
DEGREE); 120.10 (ASSAULT IN THE FIRST DEGREE); 120.11 (AGGRAVATED
ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.20 (MANSLAUGHTER
IN THE FIRST DEGREE); 130.35 (RAPE IN THE FIRST DEGREE); 130.50 (CRIMI-
NAL SEXUAL ACT IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN
THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN
THE FIRST DEGREE); 135.20 (KIDNAPPING IN THE SECOND DEGREE); 140.30
(BURGLARY IN THE FIRST DEGREE); 150.15 (ARSON IN THE SECOND DEGREE);
160.15 (ROBBERY IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR
WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN
THE FIRST DEGREE); OR 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST
DEGREE) OF THE PENAL LAW; OR AN ATTEMPT TO COMMIT ANY OF THE CLASS A
FELONIES SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH;
(III) CLASS C FELONY IN SECTION 120.08 (ASSAULT ON A PEACE OFFICER,
POLICE OFFICER, FIREMAN OR EMERGENCY MEDICAL SERVICES PROFESSIONAL);
130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 140.25 (BURGLARY
IN THE SECOND DEGREE); 160.10 (ROBBERY IN THE SECOND DEGREE); 265.03
(CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE); 265.08 (CRIMINAL
USE OF A FIREARM IN THE SECOND DEGREE); OR 265.13 (CRIMINAL SALE OF A
FIREARM IN THE FIRST DEGREE) OF THE PENAL LAW; OR AN ATTEMPT TO COMMIT
ANY OF THE CLASS B FELONIES SET FORTH IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH;
(IV) CLASS D FELONY IN SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);
130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE); 130.80 (COURSE OF SEXUAL CONDUCT AGAINST A
CHILD IN THE SECOND DEGREE); 215.16 (INTIMIDATING A VICTIM OR WITNESS IN
THE SECOND DEGREE); SUBDIVISION FIVE OF SECTION 265.02 (CRIMINAL
POSSESSION OF A WEAPON IN THE THIRD DEGREE); OR SECTION 265.03 (CRIMINAL
POSSESSION OF A WEAPON IN THE SECOND DEGREE) OF THE PENAL LAW, WHERE
SUCH MACHINE GUN OR SUCH FIREARM IS POSSESSED ON SCHOOL GROUNDS, AS THAT
PHRASE IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL
LAW; 265.12 (CRIMINAL SALE OF A FIREARM IN THE SECOND DEGREE); OR AN
A. 5422 13
ATTEMPT TO COMMIT ANY OF THE CLASS C FELONIES SET FORTH ABOVE IN SUBPAR-
AGRAPH (III) OF THIS PARAGRAPH; OR
(V) CLASS E FELONY WHERE SUCH ACT IS AN ATTEMPT TO COMMIT ANY CLASS D
FELONY ACT SPECIFIED IN SUBDIVISION FIVE OF SECTION 265.02 (CRIMINAL
POSSESSION OF A WEAPON IN THE THIRD DEGREE) OF THE PENAL LAW AS A LESSER
INCLUDED OFFENSE OF THAT SECTION AS DEFINED IN SECTION 220.20 OF THE
CRIMINAL PROCEDURE LAW;
(C) A CRIMINAL ACT OTHER THAN A MISDEMEANOR COMMITTED BY A PERSON AT
LEAST SEVEN BUT LESS THAN SIXTEEN YEARS OF AGE, BUT ONLY WHERE THERE HAS
BEEN A PRIOR FINDING BY THE COURT THAT SUCH PERSON HAS COMMITTED A FELO-
NY.
S 32. Subdivision 9 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
9. "Designated class A felony act" means a designated felony act
defined in paragraph (A) AND SUBPARAGRAPH (i) OF PARAGRAPH (B) of subdi-
vision eight.
S 33. Subdivision 4 of section 304.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
4. A detention facility which receives a child under subdivision
[four] TWO of section 305.2 shall immediately notify the child's parent
or other person legally responsible for his OR HER care or, if such
legally responsible person is unavailable the person with whom the child
resides, that he OR SHE has been placed in detention.
S 34. Subdivision 1 of section 304.2 of the family court act, as
added by chapter 683 of the laws of 1984, is amended to read as follows:
(1) Upon application by the presentment agency, the court may issue a
temporary order of protection against a respondent for good cause shown,
ex parte or upon notice, at any time after a juvenile is taken into
custody, pursuant to section 305.1 [or 305.2], 305.1-A OR 305.1-B or
upon the issuance of an appearance ticket pursuant to section 307.1 or
upon the filing of a petition pursuant to section 310.1.
S 35. The family court act is amended by adding a new section 304.3 to
read as follows:
S 304.3. SEARCH WARRANTS. UNDER CIRCUMSTANCES PRESCRIBED IN ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, A FAMILY COURT JUDGE
MAY ISSUE A SEARCH WARRANT UPON APPLICATION OF A POLICE OFFICER, AN
APPROPRIATE PRESENTMENT AGENCY OR OTHER PUBLIC SERVANT ACTING IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES.
S 36. The family court act is amended by adding a new section 305.1-a
to read as follows:
S 305.1-A. CUSTODY BY A PEACE OFFICER OR A POLICE OFFICER WITHOUT A
WARRANT. 1. FOR PURPOSES OF THIS SECTION AND SECTION 305.2 THE WORD
"OFFICER" MEANS A PEACE OFFICER OR A POLICE OFFICER.
2. AN OFFICER MAY TAKE A CHILD UNDER THE AGE OF SIXTEEN INTO CUSTODY
WITHOUT A WARRANT IN CASES IN WHICH HE OR SHE MAY ARREST A PERSON FOR A
CRIME UNDER ARTICLE ONE HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW.
S 37. The family court act is amended by adding a new section 305.1-b
to read as follows:
S 305.1-B. CUSTODY BY A POLICE OFFICER WITH A WARRANT. 1. BEFORE A
PETITION HAS BEEN FILED, THE COURT MAY, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, ISSUE A WARRANT OF ARREST DIRECTING A POLICE
OFFICER TO TAKE A CHILD INTO CUSTODY.
2. WHEN THE PRESENTMENT AGENCY HAS FILED A SWORN AFFIDAVIT PROVIDING
REASONABLE CAUSE TO BELIEVE THAT A CHILD HAS COMMITTED AN ACT THAT WOULD
CONSTITUTE A FELONY OFFENSE IF COMMITTED BY AN ADULT, THE COURT IN THE
COUNTY IN WHICH THE OFFENSE ALLEGEDLY OCCURRED MAY ISSUE A WARRANT OF
A. 5422 14
ARREST FOR SUCH CHILD. WHERE NO FAMILY COURT JUDGE IS AVAILABLE, THE
APPLICATION MAY BE MADE TO THE LOCAL CRIMINAL COURT; THEREAFTER THE
MATTER SHALL BE RETURNABLE TO THE FAMILY COURT. EVEN THOUGH SUCH AFFIDA-
VIT IS SUFFICIENT ON ITS FACE, THE COURT MAY REFUSE TO ISSUE A WARRANT
OF ARREST BASED THEREON UNTIL IT HAS FURTHER SATISFIED ITSELF, BY
INQUIRY OR EXAMINATION OF WITNESSES, THAT THERE IS REASONABLE CAUSE TO
BELIEVE THAT THE CHILD HAS COMMITTED A FELONY OFFENSE. UPON SUCH
INQUIRY OR EXAMINATION, THE COURT MAY EXAMINE, UNDER OATH OR OTHERWISE,
ANY AVAILABLE PERSON WHO IT BELIEVES MAY POSSESS KNOWLEDGE CONCERNING
THE SUBJECT MATTER OF THE CHARGE. MOREOVER, IF A SUMMONS MAY BE ISSUED
IN LIEU OF A WARRANT OF ARREST PURSUANT TO SECTION 312.1, AND IF THE
COURT IS SATISFIED THE CHILD WILL RESPOND THERETO, IT MAY NOT ISSUE A
WARRANT OF ARREST.
3. "REASONABLE CAUSE TO BELIEVE THAT A CHILD HAS COMMITTED AN ACT THAT
WOULD CONSTITUTE A FELONY OFFENSE IF COMMITTED BY AN ADULT" EXISTS WHEN
EVIDENCE OR INFORMATION WHICH APPEARS RELIABLE DISCLOSES FACTS OR
CIRCUMSTANCES WHICH ARE COLLECTIVELY OF SUCH WEIGHT AND PERSUASIVENESS
AS TO CONVINCE A PERSON OF ORDINARY INTELLIGENCE, JUDGMENT AND EXPERI-
ENCE THAT IT IS REASONABLY LIKELY THAT SUCH FELONY OFFENSE WAS COMMITTED
AND THAT SUCH PERSON COMMITTED IT. SUCH APPARENTLY RELIABLE EVIDENCE MAY
INCLUDE OR CONSIST OF HEARSAY.
4. A WARRANT OF ARREST MUST BE SUBSCRIBED BY THE ISSUING JUDGE AND
MUST STATE OR CONTAIN (A) THE NAME OF THE ISSUING COURT, (B) THE DATE OF
ISSUANCE OF THE WARRANT, (C) THE NAME OF THE FELONY OFFENSE CHARGED IN
THE UNDERLYING AFFIDAVIT, (D) THE NAME OF THE CHILD TO BE TAKEN INTO
CUSTODY, OR IF SUCH BE UNKNOWN, ANY NAME OR DESCRIPTION BY WHICH HE OR
SHE CAN BE IDENTIFIED WITH REASONABLE CERTAINTY, AND (E) THE POLICE
OFFICER OR OFFICERS TO WHOM THE WARRANT IS ADDRESSED. A WARRANT OF
ARREST MAY BE ADDRESSED TO A CLASSIFICATION OF POLICE OFFICERS, OR TO
TWO OR MORE CLASSIFICATIONS, AS WELL AS TO A DESIGNATED INDIVIDUAL
POLICE OFFICER OR OFFICERS.
5. A POLICE OFFICER TO WHOM A WARRANT IS ADDRESSED MAY DELEGATE ANOTH-
ER POLICE OFFICER TO WHOM IT IS NOT ADDRESSED TO EXECUTE SUCH WARRANT AS
HIS OR HER AGENT WHEN HE OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE
CHILD IS IN A PARTICULAR COUNTY OTHER THAN THE ONE IN WHICH THE WARRANT
WAS ISSUED. THE POLICE OFFICER TO WHOM THE WARRANT IS ADDRESSED MAY
INFORM THE DELEGATED POLICE OFFICER OF THE ISSUANCE OF THE WARRANT, OF
THE FELONY OFFENSE CHARGED IN THE UNDERLYING AFFIDAVIT AND OF ALL OTHER
PERTINENT DETAILS, AND MAY REQUEST THE DELEGATED OFFICER TO ACT AS HIS
OR HER AGENT IN ARRESTING THE CHILD PURSUANT TO SUCH WARRANT. UPON SUCH
REQUEST, THE DELEGATED POLICE OFFICER IS TO THE SAME EXTENT AS THE
DELEGATING OFFICER AUTHORIZED TO TAKE THE CHILD INTO CUSTODY PURSUANT TO
THE ARREST WARRANT WITHIN THE GEOGRAPHICAL AREA OF SUCH DELEGATED OFFI-
CER'S EMPLOYMENT.
6. A WARRANT OF ARREST ISSUED PURSUANT TO THIS SECTION SHALL BE
EXECUTED IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE-A OF THIS
ACT AND MAY BE EXECUTED ANYWHERE IN THE STATE; PROVIDED, HOWEVER, (A)
THAT WHERE THE PREMISES IN WHICH AN OFFICER REASONABLY BELIEVES THE
CHILD TO BE PRESENT IS THE DWELLING OF A THIRD PARTY WHO IS NOT THE
SUBJECT OF THE ARREST WARRANT, THE OFFICER SHALL PROCEED IN THE MANNER
SPECIFIED IN ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW
AND (B) THAT THE OFFICER MAY ENTER PREMISES, BY BREAKING IF NECESSARY,
WITHOUT MAKING REASONABLE EFFORT TO GIVE NOTICE OF HIS OR HER AUTHORITY
AND PURPOSE IF THERE IS REASONABLE CAUSE TO BELIEVE THAT GIVING SUCH
NOTICE WILL RESULT IN THE CHILD ESCAPING OR ATTEMPTING TO ESCAPE, OR
WILL ENDANGER THE LIFE OR SAFETY OF THE OFFICER OR ANOTHER PERSON, OR
A. 5422 15
WILL RESULT IN THE DESTRUCTION, DAMAGING OR SECRETION OF MATERIAL
EVIDENCE.
7. IF A CHILD IS TAKEN INTO CUSTODY PURSUANT TO A WARRANT OF ARREST,
THE OFFICER SHALL PROCEED IN ACCORDANCE WITH SECTION 305.2.
S 38. Section 305.2 of the family court act, as added by chapter 920
of the laws of 1982, the opening paragraph of subdivision 4, subdivi-
sions 5, 7 and 8 as amended by chapter 398 of the laws of 1983 and para-
graph (b) of subdivision 4 as amended by chapter 492 of the laws of
1987, is amended to read as follows:
S 305.2. [Custody by a peace officer or a police officer without a
warrant] PROCEDURES UPON TAKING A CHILD INTO CUSTODY. 1. [For purposes
of this section, the word "officer" means a peace officer or a police
officer.
2. An officer may take a child under the age of sixteen into custody
without a warrant in cases in which he may arrest a person for a crime
under article one hundred forty of the criminal procedure law.
3.] If an officer takes such child into custody or if a child is
delivered to him OR HER under section 305.1, he OR SHE shall immediately
notify the parent or other person legally responsible for the child's
care, or if such legally responsible person is unavailable the person
with whom the child resides, that the child has been taken into custody.
[4.] 2. After making every reasonable effort to give notice under
subdivision [three] ONE, the officer shall:
(a) release the child to the custody of his OR HER parents or other
person legally responsible for his OR HER care upon the issuance in
accordance with section 307.1 of a family court appearance ticket to the
child and the person to whose custody the child is released; or
(b) forthwith and with all reasonable speed take the child directly,
and without his OR HER first being taken to the police station house, to
the family court located in the county in which the act occasioning the
taking into custody allegedly was committed, unless the officer deter-
mines that it is necessary to question the child, in which case he OR
SHE may take the child to a facility designated by the chief administra-
tor of the courts as a suitable place for the questioning of children
or, upon the consent of a parent or other person legally responsible for
the care of the child, to the child's residence and there question him
OR HER for a reasonable period of time; or
(c) take the child to a place certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile detention
facility for the reception of children.
[5.] 3. If such child has allegedly committed a designated felony act
as defined in subdivision eight of section 301.2, and the family court
in the county is in session, the officer shall forthwith take the child
directly to such family court, unless the officer takes the child to a
facility for questioning in accordance with paragraph (b) of subdivision
[four] TWO. If such child has not allegedly committed a designated
felony act and such family court is in session, the officer shall either
forthwith take the child directly to such family court, unless the offi-
cer takes the child to a facility for questioning in accordance with
paragraph (b) of subdivision [four] TWO or release the child in accord-
ance with paragraph (a) of subdivision [four] TWO.
[6.] 4. In all other cases, and in the absence of special circum-
stances, the officer shall release the child in accordance with para-
graph (a) of subdivision [four] TWO.
A. 5422 16
[7.] 5. A child shall not be questioned pursuant to this section
unless he OR SHE and a person required to be notified pursuant to subdi-
vision [three] ONE if present, have been advised:
(a) of the child's right to remain silent;
(b) that the statements made by the child may be used in a court of
law;
(c) of the child's right to have an attorney present at such question-
ing; and
(d) of the child's right to have an attorney provided for him OR HER
without charge if he OR SHE is indigent.
[8.] 6. In determining the suitability of questioning and determining
the reasonable period of time for questioning such a child, the child's
age, the presence or absence of his OR HER parents or other persons
legally responsible for his OR HER care and notification pursuant to
subdivision [three] ONE shall be included among relevant considerations.
S 39. Subdivision 3 of section 306.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
3. Upon receipt of a report of the division of criminal justice
services pursuant to this section, the recipient office or agency must
promptly transmit ONE COPY OF SUCH REPORT TO THE APPROPRIATE PROBATION
SERVICE, two copies of such report to the family court in which the
proceeding may be originated and two copies thereof to the presentment
agency who shall furnish a copy thereof to counsel for the respondent or
to the respondent's law guardian.
S 40. Subdivision 2 of section 308.1 of the family court act, as
amended by chapter 252 of the laws of 1988, is amended to read as
follows:
2. Except as provided in subdivisions three and four, the probation
service may, in accordance with rules of court, adjust suitable cases
before a petition is filed.
[The] (A) THE PROBATION SERVICE MAY, AS A CONDITION OF ADJUSTMENT IN A
CASE INVOLVING A RESPONDENT OVER TEN YEARS OF AGE, REQUIRE THAT THE
RESPONDENT (I) MAKE RESTITUTION OF THE FRUITS OF THE OFFENSE OR REPARA-
TION FOR THE ACTUAL OUT-OF-POCKET LOSS CAUSED THEREBY TO THE VICTIM,
PROVIDED THAT THE inability of the respondent or his or her family to
make restitution OR REPARATION shall not be a factor in a decision to
adjust a case or in a recommendation to the presentment agency pursuant
to subdivision six of this section; AND/OR (II) PERFORM SERVICES FOR THE
PUBLIC GOOD, TAKING INTO CONSIDERATION THE NATURE OF THE CRIME AND THE
AGE AND PHYSICAL CONDITION OF THE RESPONDENT.
Nothing in this section shall prohibit the probation service or the
court from directing a respondent to obtain employment and to make
restitution OR REPARATION from the earnings from such employment. ANY
PAYMENT MADE AS RESTITUTION OR REPARATION PURSUANT TO THIS SECTION SHALL
NOT LIMIT, PRECLUDE OR IMPAIR ANY LIABILITY FOR DAMAGES IN ANY CIVIL
ACTION OR PROCEEDING FOR AN AMOUNT IN EXCESS OF SUCH PAYMENT. THE
PROBATION SERVICE SHALL, WHERE APPROPRIATE, ADVISE THE VICTIM OF HIS OR
HER RIGHT TO SEEK DAMAGES IN EXCESS OF SUCH PAYMENTS, PURSUANT TO
SECTION 3-112 OF THE GENERAL OBLIGATIONS LAW, FROM A PARENT, LEGAL GUAR-
DIAN OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE.
(B) THE PROBATION SERVICE MAY, AS A CONDITION OF ADJUSTMENT, REQUIRE A
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE TO COOP-
ERATE WITH THE PROBATION SERVICE AND ANY MENTAL HEALTH, SOCIAL SERVICE
OR OTHER APPROPRIATE COMMUNITY FACILITY OR AGENCY TO WHICH THE CHILD MAY
BE REFERRED, TO PARTICIPATE IN APPROPRIATE PROGRAMS PROVIDED TO THE
CHILD, AND TO ASSIST IN THE CHILD'S COMPLIANCE WITH THE CONDITIONS OF
A. 5422 17
ADJUSTMENT. THE UNWILLINGNESS OR FAILURE OF THE PARENT OR OTHER LEGALLY
RESPONSIBLE PERSON TO FULFILL SUCH REQUIREMENT SHALL BE CONSIDERED IN
THE DECISION TO REFER THE CASE TO THE PRESENTMENT AGENCY.
S 41. Subdivision 3 of section 308.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
3. The probation service shall not adjust a case in which the child
has allegedly committed a designated felony act unless it has received
the written approval of the court AND THE APPROPRIATE PRESENTMENT
AGENCY.
S 42. Subdivision 4 of section 308.1 of the family court act, as
amended by chapter 264 of the laws of 2003, is amended to read as
follows:
4. The probation service shall not adjust a case in which the child
has allegedly committed [a delinquent] AN act which [would be a crime
defined in section 120.25, (reckless endangerment in the first degree),
subdivision one of section 125.15, (manslaughter in the second degree),
subdivision one of section 130.25, (rape in the third degree), subdivi-
sion one of section 130.40, (criminal sexual act in the third degree),
subdivision one or two of section 130.65, (sexual abuse in the first
degree), section 135.65, (coercion in the first degree), section 140.20,
(burglary in the third degree), section 150.10, (arson in the third
degree), section 160.05, (robbery in the third degree), subdivision two,
three or four of section 265.02, (criminal possession of a weapon in the
third degree), section 265.03, (criminal possession of a weapon in the
second degree), or section 265.04, (criminal possession of a dangerous
weapon in the first degree) of the penal law] IF COMMITTED BY AN ADULT
WOULD CONSTITUTE A FELONY where the child has previously had [one or
more adjustments] AN ADJUSTMENT, ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL, OR JUVENILE DELINQUENCY ADJUDICATION of a case in which such
child allegedly committed an act which [would be a crime specified in
this subdivision] IF COMMITTED BY AN ADULT WOULD CONSTITUTE A FELONY
unless it has received written approval from the court and the appropri-
ate presentment agency.
S 43. Subdivision 9 of section 308.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
9. Efforts at adjustment pursuant to rules of court under this section
may not extend for a period of more than [two] THREE months without
leave of the court, which may extend the period for an additional [two]
THREE months.
S 44. Subdivision 2 of section 311.4 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
2. At the conclusion of the dispositional hearing the court, upon
motion of the respondent or its own motion, may in its discretion and
with the consent of the respondent AND THE PRESENTMENT AGENCY, substi-
tute a finding that the respondent is a person in need of supervision
for a finding that the respondent is a juvenile delinquent.
S 45. Subdivisions 1 and 2 of section 312.1 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
1. After a petition has been filed, the court may cause a copy thereof
and a summons to be issued, requiring the respondent personally and his
OR HER parent or other person legally responsible for his OR HER care,
or, if such legally responsible person is not available, a person with
whom he OR SHE resides, to appear for the initial appearance as defined
by section 320.1 at a time and place named. The summons shall be signed
by a judge or by the clerk of the court.
A. 5422 18
2. Service of a summons and petition shall be made by delivery of a
true copy thereof to the person summoned at least twenty-four hours
before the time stated therein for appearance. SUCH PERSONAL SERVICE
SHALL BE REQUIRED ONLY IN THOSE INSTANCES WHEREIN THE RESPONDENT WAS NOT
SERVED WITH A FAMILY COURT APPEARANCE TICKET PURSUANT TO SECTION 307.1
OR WHERE THE RESPONDENT WAS NOT TAKEN INTO CUSTODY PURSUANT TO SECTION
305.1-A OR 305.1-B. IN ALL OTHER INSTANCES, SERVICE BY MAIL UPON THE
RESPONDENT AND A PERSON LEGALLY RESPONSIBLE FOR SUCH RESPONDENT SHALL BE
DEEMED SUFFICIENT.
S 46. Subdivision 1 of section 312.2 of the family court act, as
amended by chapter 501 of the laws of 1994, is amended to read as
follows:
1. The court may issue a warrant, directing that the respondent
personally, ANY PARENT or other person legally responsible for his or
her care or, if such legally responsible person is not available, a
person with whom he or she resides, be brought before the court, when a
petition has been filed and it appears that:
(a) a summons cannot be served; or
(b) such person has refused to obey a summons or family court appear-
ance ticket; or
(c) the respondent or other person is likely to leave the jurisdic-
tion; or
(d) a summons, in the court's opinion, would be ineffectual; or
(e) a respondent has failed to appear.
S 47. Subdivision 1 of section 315.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. A petition or any part or count thereof may [at any time] be
dismissed in furtherance of justice PRIOR TO THE ACCEPTANCE OF AN ADMIS-
SION OR TO THE ENTRY OF A FINDING PURSUANT TO SUBDIVISION SEVEN OF
SECTION 342.1 when, even though there may be no basis for dismissal as a
matter of law, such dismissal is required as a matter of judicial
discretion by the existence of some compelling further consideration or
circumstances clearly demonstrating that a finding of delinquency or
continued proceedings would constitute or result in injustice. In
determining whether such compelling further consideration or circum-
stances exist, the court shall, to the extent applicable, examine and
consider, individually and collectively, the following:
(a) the seriousness and circumstances of the crime;
(b) the extent of harm caused by the crime;
(c) any exceptionally serious misconduct of law enforcement personnel
in the investigation and arrest of the respondent or in the presentment
of the petition;
(d) the history, character and condition of the respondent;
(e) the needs and best interest of the respondent;
(f) the need for protection of the community; [and]
(g) THE NEED FOR JUVENILE ACCOUNTABILITY AND PARENTAL SUPPORT THERE-
FOR;
(H) THE IMPACT OF THE DISMISSAL UPON THE CONFIDENCE OF THE PUBLIC IN
THE JUVENILE JUSTICE SYSTEM;
(I) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT A
FACT-FINDING HEARING;
(J) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
(K) any other relevant fact indicating that a finding would serve no
useful purpose.
A. 5422 19
S 48. Subdivision 1 of section 315.3 of the family court act, as
amended by chapter 237 of the laws of 1991, is amended to read as
follows:
1. Except where the petition alleges that the respondent has committed
a designated felony act, the court may at any time prior to the entering
of a finding under section [352.1] 345.1 and with the consent of the
respondent AND THE APPROPRIATE PRESENTMENT AGENCY order that the
proceeding be "adjourned in contemplation of dismissal". An adjournment
in contemplation of dismissal is an adjournment of the proceeding, for a
period not to exceed six months FOR A MISDEMEANOR OFFENSE OR TWELVE
MONTHS FOR A FELONY OFFENSE, with a view to ultimate dismissal of the
petition in furtherance of justice. Upon issuing such an order, provid-
ing such terms and conditions as the court deems appropriate, the court
must release the respondent TO A PARENT OR PERSON LEGALLY RESPONSIBLE
FOR THE RESPONDENT'S CARE. The court may, as a condition of an adjourn-
ment in contemplation of dismissal order[,]:
(A) in cases where the record indicates that the consumption of alco-
hol may have been a contributing factor, require the respondent to
attend and complete an alcohol awareness program established pursuant to
[paragraph six-a of] subdivision (a) of section 19.07 of the mental
hygiene law.
(B) REQUIRE THAT A RESPONDENT, IN CASES INVOLVING RESPONDENTS OVER TEN
YEARS OF AGE: (I) MAKE RESTITUTION OF THE FRUITS OF THE OFFENSE OR REPA-
RATION FOR THE ACTUAL OUT-OF-POCKET LOSS CAUSED THEREBY TO THE VICTIM,
PROVIDED THAT THE INABILITY OF THE RESPONDENT OR HIS OR HER FAMILY TO
MAKE RESTITUTION OR REPARATION SHALL NOT BE A FACTOR IN THE DECISION TO
ORDER AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL; AND/OR (II) PERFORM
SERVICES FOR THE PUBLIC GOOD, TAKING INTO CONSIDERATION THE NATURE OF
THE CRIME AND AGE AND PHYSICAL CONDITION OF THE RESPONDENT.
NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT FROM DIRECTING A
RESPONDENT TO OBTAIN EMPLOYMENT AND TO MAKE RESTITUTION OR REPARATION
FROM THE EARNINGS FROM SUCH EMPLOYMENT. ANY PAYMENT MADE AS RESTITUTION
OR REPARATION PURSUANT TO THIS SECTION SHALL NOT LIMIT, PRECLUDE OR
IMPAIR ANY LIABILITY FOR DAMAGES IN ANY CIVIL ACTION OR PROCEEDING FOR
AN AMOUNT IN EXCESS OF SUCH PAYMENT. THE PRESENTMENT AGENCY SHALL,
WHERE APPROPRIATE, ADVISE THE VICTIM OF HIS OR HER RIGHT TO SEEK DAMAGES
IN EXCESS OF SUCH PAYMENTS, PURSUANT TO SECTION 3-112 OF THE GENERAL
OBLIGATIONS LAW, FROM A PARENT, LEGAL GUARDIAN OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE RESPONDENT'S CARE.
IF THE COURT REQUIRES RESTITUTION OR REPARATION OR SERVICES FOR THE
PUBLIC GOOD AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL, IT SHALL PROVIDE THAT AN AGENCY OR PERSON SUPERVISE THE
RESTITUTION OR REPARATION OR SERVICES AND THAT SUCH AGENCY OR PERSON
REPORT TO THE COURT NOT LESS FREQUENTLY THAN EVERY SIX MONTHS.
(C) REQUIRE A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE
RESPONDENT'S CARE TO COOPERATE WITH THE PROBATION SERVICE AND ANY MENTAL
HEALTH, SOCIAL SERVICE OR OTHER APPROPRIATE COMMUNITY FACILITY OR AGENCY
TO WHICH THE RESPONDENT MAY BE REFERRED, TO PARTICIPATE IN APPROPRIATE
PROGRAMS PROVIDED TO THE RESPONDENT, AND TO ASSIST IN THE RESPONDENT'S
COMPLIANCE WITH THE CONDITIONS OF THE ORDER. THE UNWILLINGNESS OR FAIL-
URE OF THE PARENT OR OTHER LEGALLY RESPONSIBLE PERSON TO FULFILL SUCH
REQUIREMENT MAY BE CONSIDERED IN THE DECISION TO ORDER AN ADJOURNMENT IN
CONTEMPLATION OF DISMISSAL OR, WHERE SUCH ADJOURNMENT HAS ALREADY BEEN
GRANTED, MAY BE A BASIS FOR RESTORING THE MATTER TO THE CALENDAR.
Upon ex parte motion by the presentment agency, or upon the court's
own motion, made at the time the order is issued or at any time during
A. 5422 20
its duration, the court may restore the matter to the calendar. If the
proceeding is not restored, the petition is, at the expiration of the
order, deemed to have been dismissed by the court in furtherance of
justice.
S 49. Subdivision 2 of section 320.6 of the family court act, as
amended by chapter 926 of the laws of 1982, is amended to read as
follows:
2. At the initial appearance the court may, with the consent of the
victim or complainant and the respondent, refer a case to the probation
service for adjustment services. In the case of a designated felony
petition OR ANY CASE TO WHICH SUBDIVISION FOUR OF SECTION 308.1 APPLIES,
the consent of the presentment agency shall also be required to refer a
case to probation services for adjustment services.
S 50. Section 321.3 of the family court act is amended by adding a
new subdivision 2-a to read as follows:
2-A. (A) WITH THE PERMISSION OF THE COURT AND THE CONSENT OF THE
PRESENTMENT AGENCY, AN ADMISSION, WHETHER TO THE ENTIRE PETITION OR TO
PART OF THE PETITION, MAY BE ENTERED AND ACCEPTED UPON THE CONDITION
THAT IT CONSTITUTES A COMPLETE DISPOSITION OF ONE OR MORE OTHER
PETITIONS PENDING AGAINST THE RESPONDENT.
(B) IF THE OTHER PETITION OR PETITIONS ARE PENDING IN A DIFFERENT
COURT OR COURTS, THEY SHALL NOT BE DISPOSED OF UNDER THIS SUBDIVISION
UNLESS THE OTHER COURTS AND THE APPROPRIATE PRESENTMENT AGENCIES ALSO
TRANSMIT THEIR WRITTEN PERMISSION AND CONSENT; IN SUCH A CASE THE COURT
IN WHICH THE ADMISSION IS ENTERED SHALL SO NOTIFY THE OTHER COURTS
WHICH, UPON SUCH NOTICE, SHALL DISMISS THE APPROPRIATE PETITIONS PENDING
THEREIN.
S 51. Subdivision 2 of section 321.4 of the family court act, as added
by chapter 920 of the laws of 1982 and as renumbered by chapter 398 of
the laws of 1983, is amended to read as follows:
2. At any time prior to the entry of [a finding] AN ORDER OF DISPOSI-
TION under section [352.1] 352.2 the court in its discretion may permit
a respondent who has entered an admission to the entire petition or to
part of the petition to withdraw such admission, and in such event the
entire petition as it existed at the time of the admission shall be
restored.
S 52. Subdivisions 1, 2 and 3 of section 340.1 of the family court
act, subdivisions 1 and 2 as amended and subdivision 3 as added by chap-
ter 223 of the laws of 1990, are amended to read as follows:
1. If the respondent is in detention and the highest count in the
petition charges the commission of a class A, B, or C felony, the fact-
finding hearing shall commence not more than fourteen days after the
conclusion of the initial appearance except as provided in subdivision
four. If the respondent is in detention and the highest count in such
petition is less than a class C felony the fact-finding hearing shall
commence no more than [three] SIX days after the conclusion of the
initial appearance except as provided in subdivision four. THE FAILURE
TO COMMENCE A FACT-FINDING HEARING WITHIN THE TIME PERIOD SPECIFIED IN
THIS SUBDIVISION SHALL NOT RESULT IN THE DISMISSAL OF THE PETITION, BUT
THE RESPONDENT SHALL BE RELEASED TO HIS OR HER PARENT OR OTHER LEGALLY
RESPONSIBLE PERSON UPON SUCH CONDITIONS AS MAY BE JUST AND REASONABLE.
2. If the respondent is not in detention OR HAS BEEN RELEASED FROM
DETENTION, the fact-finding hearing shall commence not more than sixty
days after the conclusion of the initial appearance except as provided
in subdivision four.
3. For the purposes of this section, in any case:
A. 5422 21
(A) where a proceeding has been removed to the family court pursuant
to an order issued pursuant to section 725.05 of the criminal procedure
law, the date specified in such order for the defendant's appearance in
the family court shall constitute the date of the initial appearance;
AND
(B) WHERE THE RESPONDENT IS TO APPEAR FOR A FACT-FINDING HEARING
FOLLOWING THE WITHDRAWAL OF AN ADMISSION, A DECLARATION OF A MISTRIAL,
AN ORDER FOR A NEW FACT-FINDING HEARING, AN APPEAL OR COLLATERAL ATTACK,
THE JUVENILE DELINQUENCY ACTION AND THE DETENTION OR PLACEMENT, IF ANY,
SHALL BE DEEMED TO HAVE COMMENCED ON THE DATE OF THE WITHDRAWAL OF THE
ADMISSION OR THE DATE THE ORDER OCCASIONING A NEW FACT-FINDING BECOMES
FINAL.
S 53. Paragraph (c) of subdivision 4 of section 340.1 of the family
court act, as amended by chapter 663 of the laws of 1985 and such subdi-
vision as renumbered by chapter 223 of the laws of 1990, is amended to
read as follows:
(c) on its own motion for not more than six months FOR A MISDEMEANOR
OFFENSE OR TWELVE MONTHS FOR A FELONY OFFENSE if the proceeding has been
adjourned in contemplation of dismissal pursuant to section 315.3.
S 54. Subdivision 7 of section 340.1 of the family court act, as
added by chapter 501 of the laws of 1994, is amended to read as follows:
7. [For purposes of this section, if a warrant for the respondent's
arrest has been issued pursuant to section 312.2 of this article due to
the respondent's failure to appear for a scheduled fact-finding hearing,
computation of the time within which such hearing must take place shall
exclude the period extending from the date of issuance of the bench
warrant for respondent's arrest because of his or her failure to appear
to the date the respondent subsequently appears in court pursuant to a
bench warrant or appears voluntarily; provided, however, no period of
time may be excluded hereunder unless the respondent's location cannot
be determined by the exercise of due diligence or, if the respondent's
location is known, his or her presence in court cannot be obtained by
the exercise of due diligence. In determining whether due diligence has
been exercised, the court shall consider, among other factors, the
report presented to the court pursuant to subdivision two of section
312.2 of this article.] IN COMPUTING THE TIME WITHIN WHICH THE
FACT-FINDING HEARING MUST TAKE PLACE PURSUANT TO SUBDIVISIONS ONE AND
TWO OF THIS SECTION, THE FOLLOWING PERIODS MUST BE EXCLUDED:
(A) (I) THE PERIOD OF DELAY RESULTING FROM THE ABSENCE OR UNAVAILABIL-
ITY OF THE RESPONDENT. A RESPONDENT MUST BE CONSIDERED ABSENT WHENEVER
HIS OR HER LOCATION IS UNKNOWN AND HE OR SHE IS ATTEMPTING TO AVOID
APPREHENSION OR COURT PROCEEDINGS, OR HIS OR HER LOCATION CANNOT BE
DETERMINED BY DUE DILIGENCE. A RESPONDENT MUST BE CONSIDERED UNAVAIL-
ABLE WHENEVER HIS OR HER LOCATION IS KNOWN BUT THE RESPONDENT'S PRESENCE
FOR THE FACT-FINDING HEARING CANNOT BE OBTAINED BY DUE DILIGENCE; OR
(II) WHERE THE RESPONDENT HAS EITHER ESCAPED FROM CUSTODY OR HAS FAILED
TO APPEAR WHEN REQUIRED AFTER HAVING PREVIOUSLY BEEN RELEASED ON BAIL OR
ON HIS OR HER OWN RECOGNIZANCE, AND PROVIDED THE RESPONDENT IS NOT IN
CUSTODY ON ANOTHER MATTER, THE PERIOD EXTENDING FROM THE DAY THE COURT
ISSUES A BENCH WARRANT PURSUANT TO SECTION 312.2 BECAUSE OF THE RESPOND-
ENT'S FAILURE TO APPEAR IN COURT WHEN REQUIRED, TO THE DAY THE RESPOND-
ENT SUBSEQUENTLY APPEARS IN THE COURT PURSUANT TO A BENCH WARRANT OR
VOLUNTARILY OR OTHERWISE; OR
(B) A REASONABLE PERIOD OF DELAY RESULTING FROM OTHER PROCEEDINGS
CONCERNING THE RESPONDENT, INCLUDING BUT NOT LIMITED TO: PROCEEDINGS FOR
THE DETERMINATION OF COMPETENCY AND THE PERIOD DURING WHICH RESPONDENT
A. 5422 22
IS INCOMPETENT TO PARTICIPATE IN A FACT-FINDING HEARING; DEMAND TO
PRODUCE; REQUEST FOR A BILL OF PARTICULARS; PRE-TRIAL MOTIONS; APPEALS;
FACT-FINDING HEARING OF OTHER CHARGES; AND THE PERIOD DURING WHICH SUCH
MATTERS ARE UNDER CONSIDERATION BY THE COURT; OR
(C) THE PERIOD OF DELAY RESULTING FROM A CONTINUANCE GRANTED BY THE
COURT AT THE REQUEST OF, OR WITH THE CONSENT OF, THE RESPONDENT OR HIS
OR HER COUNSEL OR LAW GUARDIAN. THE COURT MUST GRANT SUCH A CONTINUANCE
ONLY IF IT IS SATISFIED THAT POSTPONEMENT IS IN THE INTEREST OF JUSTICE,
TAKING INTO ACCOUNT THE PUBLIC INTEREST IN THE PROMPT DISPOSITIONS OF
JUVENILE DELINQUENCY CHARGES; OR
(D) A REASONABLE PERIOD OF DELAY WHEN THE RESPONDENT IS JOINED FOR A
FACT-FINDING HEARING WITH A CO-RESPONDENT AS TO WHOM THE TIME FOR A
FACT-FINDING HEARING PURSUANT TO THIS SECTION HAS NOT RUN AND GOOD CAUSE
IS NOT SHOWN FOR GRANTING A SEVERANCE; OR
(E) THE PERIOD OF DELAY RESULTING FROM DETENTION OF THE RESPONDENT IN
ANOTHER JURISDICTION PROVIDED THE PRESENTMENT AGENCY IS AWARE OF SUCH
DETENTION AND HAS BEEN DILIGENT AND HAS MADE REASONABLE EFFORTS TO
OBTAIN THE PRESENCE OF THE RESPONDENT FOR THE FACT-FINDING HEARING; OR
(F) THE PERIOD DURING WHICH THE RESPONDENT IS WITHOUT A LAW GUARDIAN
OR COUNSEL THROUGH NO FAULT OF THE COURT; OR
(G) OTHER PERIODS OF DELAY OCCASIONED BY EXCEPTIONAL CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO, THE PERIOD OF DELAY RESULTING FROM A
CONTINUANCE GRANTED AT THE REQUEST OF A PRESENTMENT AGENCY IF (I) THE
CONTINUANCE IS GRANTED BECAUSE OF THE UNAVAILABILITY OF EVIDENCE MATERI-
AL TO THE PRESENTMENT AGENCY'S CASE, WHEN THE PRESENTMENT AGENCY HAS
EXERCISED DUE DILIGENCE TO OBTAIN SUCH EVIDENCE AND THERE ARE REASONABLE
GROUNDS TO BELIEVE THAT SUCH EVIDENCE WILL BECOME AVAILABLE IN A REASON-
ABLE PERIOD; OR (II) THE CONTINUANCE IS GRANTED TO ALLOW THE PRESENTMENT
AGENCY ADDITIONAL TIME TO PREPARE THE PRESENTMENT AGENCY'S CASE AND
ADDITIONAL TIME IS JUSTIFIED BY THE EXCEPTIONAL CIRCUMSTANCES OF THE
CASE; OR
(H) THE PERIOD DURING WHICH AN ACTION HAS BEEN ADJOURNED IN CONTEM-
PLATION OF DISMISSAL PURSUANT TO SECTION 315.3.
S 55. Section 341.1 of the family court act, as added by chapter 920
of the laws of 1982, is amended to read as follows:
S 341.1. [Exclusion of general public] ACCESS TO FAMILY COURT
PROCEEDINGS. 1. The general public may NOT be excluded from any
proceeding under this article [and only] ABSENT A DETERMINATION BY THE
COURT THAT EXCEPTIONAL CIRCUMSTANCES EXIST SUCH THAT AN OPEN PROCEEDING
WOULD CAUSE SIGNIFICANT HARM TO A PARTICIPANT OR INTERFERE WITH THE FAIR
ADMINISTRATION OF THE LAW. IF THE COURT DETERMINES TO EXCLUDE THE
GENERAL PUBLIC FROM ALL OR PART OF A PROCEEDING, IT SHALL ISSUE A WRIT-
TEN ORDER SETTING FORTH THE BASIS FOR ITS DETERMINATION, AND PLACE A
COPY OF THE ORDER IN THE FILE OF THE CASE.
2. AN EXCLUSION ORDER PURSUANT TO SUBDIVISION ONE SHALL NOT APPLY TO
such persons and the representatives of authorized agencies as have a
direct interest in the case [shall be admitted thereto].
S 56. Subdivision 7 of section 342.1 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
7. The court must then consider the case and enter a finding WITH
RESPECT TO EACH COUNT OF THE PETITION THAT THE RESPONDENT DID OR DID NOT
COMMIT THE CRIME CHARGED.
S 57. Subdivision 1 of section 345.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. If the allegations of a petition or specific counts of a petition
concerning the commission of a crime or crimes are established, the
A. 5422 23
court shall FIND THAT THE RESPONDENT IS A JUVENILE DELINQUENT, enter an
appropriate order and schedule a dispositional hearing pursuant to
section 350.1. The order shall specify the count or counts of the peti-
tion upon which such order is based and the section or sections of the
penal law or other law under which the act or acts so stated would
constitute a crime if committed by an adult. If the respondent or
respondents are found to have committed a designated felony act, the
order shall so state.
S 58. Section 350.4 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 8 as amended by chapter 398 of the laws
of 1983 and subdivision 9 as renumbered by chapter 926 of the laws of
1982, is amended to read as follows:
S 350.4. Order of procedure. The order of the dispositional hearing
shall be as follows:
1. The court[, with the consent of the parties,] may direct the
probation service to summarize its investigation report [if one has been
prepared] and, in its discretion, deliver any further statement concern-
ing the advisability of specific dispositional alternatives.
2. The court may in its discretion call witnesses, including the
preparer of A probation [reports] REPORT or A diagnostic [studies] STUDY
OR ANY PERSON OR EMPLOYEE OF AN AGENCY AGREEING TO PARTICIPATE IN A
DISPOSITIONAL SERVICES PLAN, to offer evidence concerning the advis-
ability of specific dispositional alternatives. Such witnesses may be
cross-examined by the presentment agency and the respondent.
3. The presentment agency may call witnesses to offer such evidence,
including the preparer of a probation report or a diagnostic study OR
ANY PERSON OR EMPLOYEE OF AN AGENCY AGREEING TO PARTICIPATE IN A DISPO-
SITIONAL SERVICES PLAN.
4. The respondent may call witnesses[,] to offer such evidence,
including the preparer of a probation report or a diagnostic study OR
ANY PERSON OR EMPLOYEE OF AN AGENCY AGREEING TO PARTICIPATE IN A DISPO-
SITIONAL SERVICES PLAN.
5. The court may permit the presentment agency or respondent to offer
such rebuttal or surrebuttal evidence as it may deem appropriate.
5-A. THE VICTIM MAY DELIVER A STATEMENT PURSUANT TO SECTION 350.5.
6. The presentment agency may deliver a statement concerning the
advisability of specific dispositional alternatives.
7. The respondent may deliver such a statement AND RESPOND TO ANY
VICTIM STATEMENT.
8. The court shall then permit rebuttal statements by both the
presentment agency and the respondent. THE COURT SHALL AFFORD THE
RESPONDENT A REASONABLE ADJOURNMENT TO PRESENT INFORMATION TO REBUT
ALLEGATIONS BY THE VICTIM WHERE FAIRNESS SO REQUIRES.
9. The court shall then consider the case and enter a dispositional
order. IN DOING SO, THE COURT SHALL APPROVE, MODIFY OR REJECT ANY
DISPOSITIONAL SERVICES PLAN PREPARED BY THE PROBATION SERVICE. IF
APPROVED OR APPROVED AS MODIFIED, SUCH PLAN SHALL BE INCORPORATED INTO
THE DISPOSITIONAL ORDER.
S 59. The family court act is amended by adding a new section 350.5
to read as follows:
S 350.5. VICTIM STATEMENT AT DISPOSITIONAL HEARING. 1. FOR THE
PURPOSE OF THIS SECTION, THE TERM "VICTIM" SHALL MEAN:
(A) THE VICTIM AS INDICATED IN THE PETITION; OR (B) IF SUCH VICTIM IS
A CHILD UNABLE OR UNWILLING TO EXPRESS HIMSELF OR HERSELF BEFORE THE
COURT OR A PERSON SO MENTALLY OR PHYSICALLY DISABLED AS TO MAKE IT
IMPRACTICABLE TO APPEAR IN COURT IN PERSON OR IF AN ACT ALLEGED IN THE
A. 5422 24
PETITION WAS ONE OF HOMICIDE, A MEMBER OF THE FAMILY OF SUCH VICTIM, OR
THE LEGAL GUARDIAN OR REPRESENTATIVE OF THE LEGAL GUARDIAN OF THE VICTIM
WHERE SUCH GUARDIAN OR REPRESENTATIVE HAS PERSONAL KNOWLEDGE OF AND A
RELATIONSHIP WITH THE VICTIM, UNLESS THE COURT FINDS THAT IT WOULD BE
INAPPROPRIATE FOR SUCH PERSON TO MAKE A STATEMENT ON BEHALF OF THE
VICTIM.
2. IF THE DISPOSITIONAL HEARING RELATES TO A CRIME WHICH WOULD HAVE
CONSTITUTED A FELONY IF COMMITTED BY AN ADULT, THE COURT, IF REQUESTED
AT LEAST THREE DAYS PRIOR TO THE DATE OF THE HEARING, SHALL ACCORD THE
VICTIM THE RIGHT TO MAKE A STATEMENT WITH REGARD TO ANY MATTER RELEVANT
TO THE QUESTION OF DISPOSITION. THE COURT SHALL NOTIFY THE RESPONDENT
NO LESS THAN TWENTY-FOUR HOURS PRIOR TO THE DISPOSITIONAL HEARING OF THE
VICTIM'S INTENT TO MAKE A STATEMENT AT THE DISPOSITIONAL HEARING. IF
THE RESPONDENT DOES NOT RECEIVE TIMELY NOTICE PURSUANT TO THIS SUBDIVI-
SION, THE RESPONDENT MAY REQUEST A REASONABLE ADJOURNMENT.
S 60. The section heading and subdivisions 1, 2 and 3 of section
351.1 of the family court act, the section heading and subdivision 3 as
added by chapter 920 of the laws of 1982, subdivision 1 as amended by
chapter 398 of the laws of 1983 and subdivision 2 as amended by chapter
880 of the laws of 1985, are amended to read as follows:
Probation[,] investigation and diagnostic assessment. 1. Following a
determination that a respondent has committed a designated felony act
and prior to the dispositional hearing, the judge shall order a
probation investigation and a diagnostic assessment. For the purposes
of this article, the probation investigation shall include, but not be
limited to, the history of the juvenile including previous conduct, the
family situation, any previous psychological and psychiatric reports,
school adjustment, previous social assistance provided by voluntary or
public agencies and the response of the juvenile to such assistance.
THE PROBATION INVESTIGATION SHALL ALSO INCLUDE A RECOMMENDATION AS TO
THE APPROPRIATE DISPOSITION OF THE CASE. WHERE THE RECOMMENDATION IS
OTHER THAN PLACEMENT OR WHERE DIRECTED BY THE COURT WHEN THE COURT IS
CONSIDERING A DISPOSITION OTHER THAN PLACEMENT, IT SHALL ALSO INCLUDE A
DISPOSITIONAL SERVICES PLAN CONTAINING:
(A) A STATEMENT OF GOALS AND OBJECTIVES TO BE ACCOMPLISHED BY THE
RESPONDENT WHILE UNDER THE COURT'S JURISDICTION;
(B) THE SPECIFIC PROGRAMS AND SERVICES TO BE MADE AVAILABLE TO THE
RESPONDENT AND THE RESPONDENT'S FAMILY OR OTHER PERSONS LEGALLY RESPON-
SIBLE FOR HIS OR HER CARE TO ACCOMPLISH THE GOALS AND OBJECTIVES OF THE
PLAN, AND THE AGENCIES WHICH HAVE AGREED TO ACCEPT RESPONSIBILITY THERE-
FOR;
(C) THE RESPONSIBILITIES OF THE RESPONDENT'S PARENTS OR OTHER PERSONS
LEGALLY RESPONSIBLE FOR HIS OR HER CARE IN FACILITATING THE GOALS AND
OBJECTIVES SET FORTH IN THE DISPOSITIONAL SERVICES PLAN; AND
(D) A STATEMENT THAT ALL PARTIES TO THE PLAN UNDERSTAND THAT THE PLAN,
IF AGREED TO BY THE COURT, WILL BECOME PART OF THE COURT'S ORDER OF
DISPOSITION.
For the purposes of this article, the diagnostic assessment shall
include, but not be limited to, psychological tests and psychiatric
interviews to determine mental capacity and achievement, emotional
stability and mental disabilities. It shall include a clinical assess-
ment of the situational factors that may have contributed to the act or
acts. When feasible, expert opinion shall be rendered as to the risk
presented by the juvenile to others or himself, with a recommendation as
to the need for a restrictive placement.
A. 5422 25
2. Following a determination that a respondent committed a crime
OTHER THAN A DESIGNATED FELONY ACT and prior to the dispositional hear-
ing, the court shall order a probation investigation and may order a
diagnostic assessment.
3. A [child shall not be placed in accord with section 353.3 unless
the court has ordered a probation investigation prior to the disposi-
tional hearing; a] child shall not be placed in accord with section
353.4 unless the court has ordered a diagnostic assessment prior to
[such] THE DISPOSITIONAL hearing.
S 61. Section 352.1 of the family court act is REPEALED.
S 62. Paragraph (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended to
read as follows:
(a) In determining an appropriate order the court shall consider the
needs and best interests of the respondent [as well as], the need for
protection of the community, AND THE NEED FOR JUVENILE ACCOUNTABILITY
AND PARENTAL SUPPORT THEREFOR. THE COURT SHALL ALSO CONSIDER THE RECOM-
MENDATION OF THE PROBATION SERVICE AND ANY DISPOSITIONAL SERVICES PLAN.
If the respondent has committed a designated felony act the court shall
determine the appropriate disposition in accord with section 353.5. In
all other cases the court shall order the least restrictive available
alternative enumerated in subdivision one which is consistent with the
needs and best interests of the respondent [and], the need for
protection of the community, AND THE NEED FOR JUVENILE ACCOUNTABILITY
AND PARENTAL SUPPORT THEREFOR.
S 63. Subdivision 2 of section 353.1 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended to read as
follows:
2. When the court orders a conditional discharge the respondent shall
be released with respect to the finding upon which such order is based
without placement or probation supervision but subject, during the peri-
od of conditional discharge, to such conditions enumerated in [subdivi-
sion two] SUBDIVISIONS TWO-A, TWO-B AND TWO-C of section 353.2, as the
court may determine. The court shall order the period of conditional
discharge authorized by subdivision three and shall specify the condi-
tions to be complied with. The court may modify or enlarge the condi-
tions at any time prior to the expiration or termination of the period
of conditional discharge. Such action may not, however, be taken unless
the respondent is personally present, except that the respondent need
not be present if the modification consists solely of the elimination or
relaxation of one or more conditions.
S 64. Subdivision 2 of section 353.2 of the family court act is
renumbered subdivision 2-b and two new subdivisions 2-a and 2-c are
added to read as follows:
2-A. WHEN ORDERING A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE
PURSUANT TO SECTION 353.1, IN CASES INVOLVING RESPONDENTS OVER TEN YEARS
OF AGE, THE COURT SHALL, AS A CONDITION OF SUCH ORDER, REQUIRE THAT THE
RESPONDENT MAKE RESTITUTION OR REPARATION OR PERFORM SERVICES FOR THE
PUBLIC GOOD PURSUANT TO SECTION 353.6.
2-C. WHEN ORDERING A PERIOD OF PROBATION OR A CONDITIONAL DISCHARGE
PURSUANT TO SECTION 353.1, THE COURT MAY, AS A CONDITION OF SUCH ORDER,
REQUIRE A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE RESPOND-
ENT'S CARE TO COOPERATE WITH THE PROBATION SERVICE AND WITH ANY MENTAL
HEALTH, SOCIAL SERVICE OR OTHER APPROPRIATE COMMUNITY FACILITY OR AGENCY
TO WHICH THE RESPONDENT MAY BE REFERRED, TO PARTICIPATE IN PROGRAMS
PROVIDED TO THE RESPONDENT, AND TO ASSIST IN THE RESPONDENT'S COMPLIANCE
A. 5422 26
WITH THE CONDITIONS OF THE ORDER. IF THE PARENT OR OTHER LEGALLY
RESPONSIBLE PERSON FAILS TO FULFILL SUCH REQUIREMENT, THE COURT MAY (I)
MODIFY OR REVOKE THE ORDER OF PROBATION OR CONDITIONAL DISCHARGE PURSU-
ANT TO SECTION 360.3, AND/OR (II) CONDUCT A HEARING TO DETERMINE IF SUCH
PARENT OR OTHER LEGALLY RESPONSIBLE PERSON IS IN CONTEMPT OF COURT, AND,
IF SO, IMPOSE SUCH SANCTIONS AS AUTHORIZED BY LAW. AT ANY TIME DURING
THE PENDENCY OF AN ORDER OF PROBATION OR CONDITIONAL DISCHARGE, A PARENT
OR OTHER LEGALLY RESPONSIBLE PERSON MAY PETITION THE COURT TO MODIFY OR
TERMINATE SUCH CONDITION FOR GOOD CAUSE SHOWN.
S 65. Paragraph (c) of subdivision 3 of section 353.3 of the family
court act, as amended by chapter 465 of the laws of 1992, is amended to
read as follows:
(c) place the respondent in a non-secure facility. No respondent
placed pursuant to this paragraph may be transferred by the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES to a secure facility,
EXCEPT THAT A RESPONDENT WHO HAS COMMITTED A DESIGNATED FELONY ACT, AS
DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2, MAY BE TRANSFERRED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES TO EITHER A LIMITED SECURE FACIL-
ITY OR A SECURE FACILITY PURSUANT TO THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND WITH WRITTEN APPROVAL OF THE COMMIS-
SIONER OF SUCH OFFICE OR HIS OR HER DESIGNEE.
S 66. 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 (A) CLASS A felony the initial
period of placement shall not exceed [eighteen] FORTY-EIGHT months[. If
the respondent has committed a];
(B) CLASS B OR C FELONY THE INITIAL PERIOD OF PLACEMENT SHALL NOT
EXCEED THIRTY-SIX MONTHS;
(C) CLASS D OR E FELONY THE INITIAL PERIOD OF PLACEMENT SHALL NOT
EXCEED TWENTY-FOUR MONTHS; OR
(D) 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 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 67. Subdivisions 7, 8 and 9 of section 353.3 of the family court
act, subdivision 7 as amended by chapter 181 of the laws of 2000 and
subdivisions 8 and 9 as added by chapter 920 of the laws of 1982, are
amended to read as follows:
7. The place in which or the person with whom the respondent has been
placed under this section shall, UNLESS OTHERWISE SPECIFIED IN THE
DISPOSITION ORDER, submit [a report] to the court, law guardian or
attorney of record, [and] presentment agency [at] AND PARENTS OR PERSONS
LEGALLY RESPONSIBLE FOR THE RESPONDENT, NOT LESS THAN ONCE EVERY THREE
MONTHS DURING THE PLACEMENT, A REPORT ON THE STATUS, ADJUSTMENT AND
PROGRESS OF THE RESPONDENT AND NOT LESS THAN THIRTY DAYS PRIOR TO A
RESPONDENT'S CONDITIONAL RELEASE TO AFTERCARE, A COMMUNITY REINTEGRATION
AND SERVICES PLAN SHALL BE SUBMITTED FOR THE RESPONDENT INCLUDING: (I) A
STATEMENT OF GOALS AND OBJECTIVES TO BE ACCOMPLISHED BY THE RESPONDENT;
(II) THE SPECIFIC PROGRAMS AND SERVICES TO BE MADE AVAILABLE TO THE
RESPONDENT AND THE RESPONDENT'S FAMILY OR OTHER PERSONS LEGALLY RESPON-
SIBLE FOR HIS OR HER CARE TO ACCOMPLISH THE GOALS AND OBJECTIVES OF THE
A. 5422 27
PLAN, AND THE AGENCIES WHICH HAVE AGREED TO ACCEPT RESPONSIBILITY THERE-
FOR; (III) THE RESPONSIBILITIES OF THE RESPONDENT'S PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE IN FACILITATING THE
GOALS AND OBJECTIVES SET FORTH IN THE PLAN; AND (IV) A STATEMENT THAT
ALL PARTIES TO THE PLAN UNDERSTAND THE RECOMMENDATIONS, TERMS AND CONDI-
TIONS OF THE PLAN. AT the conclusion of the placement period, except as
provided in paragraphs (a) and (b) of this subdivision[. Such], A report
[shall include] INCLUDING recommendations and such supporting data as is
appropriate SHALL BE SUBMITTED. The court may extend a placement pursu-
ant to section 355.3 of this article.
(a) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is not seeking an extension
of the placement pursuant to section 355.3 of this article, such report
shall be submitted not later than thirty days prior to the conclusion of
the placement.
(b) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this article and a permanency
hearing pursuant to section 355.5 of this article, such report shall be
submitted not later than sixty days prior to the date on which the
permanency hearing must be held and shall be annexed to the petition for
a permanency hearing and extension of placement.
(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, to independent living or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this article. If the respondent is subject to arti-
cle sixty-five of the education law or elects to participate in an
educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
8. In its discretion, the court may [recommend] REQUIRE restitution or
REPARATION AND/OR require services for the public good pursuant to
section 353.6 in conjunction with an order of placement.
9. If the court places a respondent with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to this section after
finding that such child committed:
(A) A DESIGNATED FELONY ACT, THE COURT MAY, IN ITS DISCRETION, FURTHER
ORDER THAT SUCH RESPONDENT SHALL BE CONFINED IN A RESIDENTIAL FACILITY
FOR A MINIMUM PERIOD SET BY THE ORDER, NOT TO EXCEED ONE-HALF THE
INITIAL PERIOD OF PLACEMENT; OR
(B) a felony, OTHER THAN A DESIGNATED FELONY ACT, the court may, in
its discretion, further order that such respondent shall be confined in
a residential facility for a minimum period set by the order, not to
exceed:
A. 5422 28
(I) TWELVE MONTHS FOR A CLASS A, B OR C FELONY; AND
(II) six months FOR A CLASS D OR E FELONY.
S 68. Subdivision 3 of section 353.5 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
3. Notwithstanding the provisions of subdivision two, the court shall
order a restrictive placement in any case where the respondent is found
to have committed a designated felony act:
(A) in which the respondent inflicted serious physical injury, as that
term is defined in subdivision ten of section 10.00 of the penal law, OR
DEATH upon another person [who is sixty-two years of age or more.];
(B) AND ANOTHER PERSON COMMITTED ACTS CONSTITUTING A FELONY, FOR WHICH
THE RESPONDENT WOULD BE CRIMINALLY RESPONSIBLE PURSUANT TO THE
PROVISIONS OF ARTICLE TWENTY OF THE PENAL LAW IF THE RESPONDENT WERE AN
ADULT, AN ELEMENT OF WHICH IS CAUSING SERIOUS PHYSICAL INJURY OR DEATH;
PROVIDED HOWEVER, THAT THE COURT NEED NOT ORDER A RESTRICTIVE PLACEMENT
IF IT FINDS THAT AN ALTERNATIVE ORDER OF DISPOSITION IS CONSISTENT WITH
PUBLIC SAFETY AND THE NEED FOR JUVENILE ACCOUNTABILITY AND DOES NOT
DEPRECATE THE SERIOUSNESS OF THE OFFENSE, AND THAT ONE OR MORE OF THE
FOLLOWING FACTORS EXIST: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY
UPON THE MANNER IN WHICH THE OFFENSE WAS COMMITTED; OR (II) THE RESPOND-
ENT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS TO
CONSTITUTE A DEFENSE; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE
RESPONDENT'S COMMISSION OF THE OFFENSE. THE RESPONDENT AND THE PRESENT-
MENT AGENCY SHALL HAVE AN OPPORTUNITY TO PRESENT RELEVANT INFORMATION TO
ASSIST THE COURT IN MAKING A FINDING PURSUANT TO THIS SUBPARAGRAPH. IF
THE COURT FINDS THAT A RESTRICTIVE PLACEMENT SHOULD NOT BE ORDERED, IT
SHALL MAKE A STATEMENT ON THE RECORD OF THE FACTS AND CIRCUMSTANCES UPON
WHICH SUCH FINDING IS BASED. A TRANSCRIPT OF THE COURT'S STATEMENT,
WHICH SHALL SET FORTH THE RECOMMENDATION OF THE PRESENTMENT AGENCY,
SHALL BE FORWARDED TO THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES
ALONG WITH A COPY OF THE PETITION; OR
(C) AND THE RESPONDENT HAS BEEN FOUND BY A COURT TO HAVE COMMITTED A
DESIGNATED FELONY ACT ON A PRIOR OCCASION.
S 69. 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) as added by chap-
ter 920 of the laws of 1982 and subparagraph (i) 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;
A. 5422 29
(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 INVOLVING A CLASS A DESIGNATED FELONY is made in compliance [with
subdivision five] AS OTHERWISE PROVIDED HEREIN the respondent shall
initially be confined in a secure facility for [eighteen] TWENTY-FOUR
months.
(iii) after the period set under clause (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 70. 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) OF
THIS SUBDIVISION, 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 355.1, but
only upon grounds set forth in section 440.10 of the criminal procedure
law.
S 71. Subparagraph (iv) of paragraph (c) of subdivision 4 of section
353.5 of the family court act is REPEALED.
S 72. Subdivision 5 of section 353.5 of the family court act is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6
and subdivision 5, as amended by chapter 398 of the laws of 1983, is
amended to read as follows:
5. When the order is for a restrictive placement in the case of a
youth found to have committed any designated felony act and such youth
has been found by a court to have committed a designated felony act on a
prior occasion, regardless of the age of such youth at the time of
commission of such prior act, the order of the court shall be made
[pursuant to subdivision four] AS IF THE RESPONDENT WAS FOUND TO HAVE
COMMITTED A CLASS A DESIGNATED FELONY ACT.
S 73. Section 353.5 of the family court act is amended by adding a new
subdivision 7 to read as follows:
7. IN ITS DISCRETION, THE COURT MAY REQUIRE RESTITUTION OR REPARATION
AND/OR REQUIRE SERVICES FOR THE PUBLIC GOOD PURSUANT TO SECTION 353.6 IN
CONJUNCTION WITH AN ORDER OF RESTRICTIVE PLACEMENT.
S 74. Section 353.5 of the family court act is amended by adding a new
subdivision 9 to read as follows:
9. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL, UNLESS OTHERWISE
SPECIFIED IN THE DISPOSITIONAL ORDER, SUBMIT TO THE COURT, LAW GUARDIAN
OR ATTORNEY OF RECORD, PRESENTMENT AGENCY, AND PARENTS OR PERSONS LEGAL-
LY RESPONSIBLE FOR THE RESPONDENT:
(A) NOT LESS THAN ONCE EVERY THREE MONTHS DURING THE PLACEMENT A
REPORT ON THE STATUS, ADJUSTMENT AND PROGRESS OF THE RESPONDENT;
(B) NOT LESS THAN THIRTY DAYS PRIOR TO A YOUTH'S CONDITIONAL RELEASE
TO AFTERCARE, A COMMUNITY REINTEGRATION AND SERVICES PLAN FOR THE YOUTH
INCLUDING:
A. 5422 30
(I) A STATEMENT OF GOALS AND OBJECTIVES TO BE ACCOMPLISHED BY THE
RESPONDENT;
(II) THE SPECIFIC PROGRAMS, SERVICES, AND RESOURCES TO BE PROVIDED TO
THE RESPONDENT AND THE RESPONDENT'S FAMILY OR OTHER PERSONS LEGALLY
RESPONSIBLE FOR HIS OR HER CARE TO ACCOMPLISH THE GOALS AND OBJECTIVES
OF THE PLAN, AND THE AGENCIES WHICH HAVE AGREED TO ACCEPT RESPONSIBILITY
THEREFOR;
(III) THE RESPONSIBILITIES OF THE RESPONDENT'S PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE IN FACILITATING THE
GOALS AND OBJECTIVES SET FORTH IN THE PLAN; AND
(IV) A STATEMENT THAT ALL PARTIES TO THE PLAN UNDERSTAND ITS TERMS AND
CONDITIONS; AND
(C) AT THE CONCLUSION OF THE PLACEMENT PERIOD, A REPORT INCLUDING
RECOMMENDATIONS AND SUCH SUPPORTING DATA AS ARE APPROPRIATE. THE COURT
MAY EXTEND A PLACEMENT PURSUANT TO SECTION 355.3.
S 75. The section heading of section 353.6 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
Restitution, REPARATION AND SERVICES FOR THE PUBLIC GOOD.
S 76. Subdivision 1 of section 353.6 of the family court act, as
amended by chapter 877 of the laws of 1983, paragraph (a) as amended by
chapter 317 of the laws of 2004, and paragraph (b) as amended by chapter
575 of the laws of 2007, is amended to read as follows:
1. At the conclusion of the dispositional hearing in cases involving
respondents over ten years of age AND AFTER CONSIDERING ANY VICTIM
IMPACT STATEMENT the court may:
(a) [recommend] REQUIRE as a condition of placement, [or order as a
condition of] probation or conditional discharge, restitution OF THE
FRUITS OF THE OFFENSE OR REPARATION FOR THE ACTUAL OUT-OF-POCKET LOSS
CAUSED THEREBY TO THE VICTIM in an amount [representing a fair and
reasonable cost to replace the property, repair the damage caused by the
respondent or provide the victim with compensation for unreimbursed
medical expenses,] THAT THE RESPONDENT CAN AFFORD TO PAY not, however,
to exceed [one] FIVE thousand [five hundred] dollars. [In the case of a
placement, the] A FINDING AS TO THE DOLLAR AMOUNT OF THE FRUITS OF THE
OFFENSE OR THE ACTUAL OUT-OF-POCKET LOSS MUST BE BASED UPON A PREPONDER-
ANCE OF THE EVIDENCE. THE court [may recommend] SHALL REQUIRE that the
respondent pay [out of his or her own funds or earnings the amount of
replacement, damage or unreimbursed medical expenses,] THE RESTITUTION
OR REPARATION ORDERED THE RESPONDENT either in a lump sum or in periodic
payments [in]. IN THE CASE OF A PLACEMENT, THE amounts OF PERIODIC
PAYMENTS SHALL BE set by the agency with which [he or she] THE RESPOND-
ENT is placed, and in the case of probation or conditional discharge,
the [court may require that the respondent pay out of his or her own
funds or earnings the amount of replacement, damage or unreimbursed
medical expenses, either in a lump sum or in periodic payments in]
amounts OF PERIODIC PAYMENTS SHALL BE set by the court. ANY PAYMENT MADE
AS RESTITUTION OR REPARATION PURSUANT TO THIS SECTION SHALL NOT LIMIT,
PRECLUDE OR IMPAIR ANY LIABILITY FOR DAMAGES IN ANY CIVIL ACTION OR
PROCEEDING FOR AN AMOUNT IN EXCESS OF SUCH PAYMENT. THE PRESENTMENT
AGENCY SHALL, WHERE APPROPRIATE, ADVISE THE VICTIM OF HIS OR HER RIGHT
TO SEEK DAMAGES IN EXCESS OF SUCH PAYMENTS, PURSUANT TO SECTION 3-112 OF
THE GENERAL OBLIGATIONS LAW, FROM A PARENT, LEGAL GUARDIAN OR OTHER
PERSON LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE. IN THE EVENT THAT
THE COURT REQUIRES RESTITUTION OR REPARATION TO BE MADE TO A VICTIM WHO
DIES PRIOR TO THE COMPLETION OF SAID RESTITUTION OR REPARATION, THE
REMAINING PAYMENTS SHALL BE MADE TO THE ESTATE OF THE DECEASED; and/or
A. 5422 31
(b) order as a condition of placement, probation, or conditional
discharge, services for the public good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for the mainte-
nance and repair thereof, taking into consideration THE NATURE OF THE
CRIME AND the age and physical condition of the respondent.
S 77. Subdivision 2 of section 353.6 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
2. If the court [recommends] REQUIRES restitution OR REPARATION or
requires services for the public good in conjunction with an order of
placement pursuant to section 353.3 or 353.5, the placement shall be
made only to an authorized agency, including the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, which has adopted rules and
regulations for the supervision of such a program, which rules and regu-
lations, except in the case of the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, shall be subject to the approval of the state
department of [social services] FAMILY ASSISTANCE. Such rules and regu-
lations shall include, but not be limited to provisions: (i) assuring
that the conditions of work, including wages, meet the standards there-
for prescribed pursuant to the labor law; (ii) affording coverage to the
respondent under the workers' compensation law as an employee of such
agency, department, [division] OFFICE OF CHILDREN AND FAMILY SERVICES or
institution; (iii) assuring that the entity receiving such services
shall not utilize the same to replace its regular employees; and (iv)
providing for reports to the court not less frequently than every six
months.
S 78. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family court
act, subdivision 1 as added by chapter 920 of the laws of 1982 and
subdivisions 2, 6 and 7 as amended by chapter 645 of the laws of 1996,
are amended and a new subdivision 1-a is added to read as follows:
1. If a person whose fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to a family
court pursuant to article seven hundred twenty-five of the criminal
procedure law is adjudicated to be a juvenile delinquent [for a felony],
the family court shall forward or cause to be forwarded to the division
of criminal justice services notification of such adjudication and such
related information as may be required by such division[, provided,
however, in the case of a person eleven or twelve years of age such
notification shall be provided only if the act upon which the adjudi-
cation is based would constitute a class A or B felony].
1-A. IF A PERSON WHOSE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE
TAKEN PURSUANT TO SECTION 306.1 OR WAS INITIALLY FINGERPRINTED AS A
JUVENILE OFFENDER AND THE ACTION IS SUBSEQUENTLY REMOVED TO A FAMILY
COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW HAS A PETITION DISMISSED PURSUANT TO SUBDIVISION TWO-A OF
SECTION 321.3, THE COURT SHALL FORWARD OR CAUSE TO BE FORWARDED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES NOTIFICATION OF SUCH DISMISSAL AND
SUCH RELATED INFORMATION AS MAY BE REQUIRED BY SUCH DIVISION.
2. If a person whose fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency [for a felony, but in
A. 5422 32
the case of acts committed when such person was eleven or twelve years
of age which would constitute a class A or B felony only,] all such
fingerprints, palmprints, photographs, and copies thereof, and all
information relating to such allegations obtained by the division of
criminal justice services pursuant to section 306.1 shall be destroyed
forthwith. The clerk of the court shall notify the commissioner of the
division of criminal justice services and the heads of all police
departments and law enforcement agencies having copies of such records,
who shall destroy such records without unnecessary delay.
6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent [for a felony, but in the case of
acts committed when such a person was eleven or twelve years of age
which would constitute a class A or B felony only,] is subsequently
convicted of a crime, all fingerprints and related information obtained
by the division of criminal justice services pursuant to such section
and not destroyed pursuant to subdivisions two, five and seven or subdi-
vision twelve of section 308.1 shall become part of such division's
permanent adult criminal record for that person, notwithstanding section
381.2 or 381.3.
7. WHEN A PERSON FINGERPRINTED PURSUANT TO SECTION 306.1 AND SUBSE-
QUENTLY ADJUDICATED A JUVENILE DELINQUENT FOR A MISDEMEANOR REACHES THE
AGE OF EIGHTEEN AND HAS NO CRIMINAL CONVICTIONS OR PENDING CRIMINAL
ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER-
PRINTS, PALMPRINTS, PHOTOGRAPHS, AND RELATED INFORMATION AND COPIES
THEREOF OBTAINED PURSUANT TO SECTION 306.1 IN THE POSSESSION OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES, ANY POLICE DEPARTMENT, LAW
ENFORCEMENT AGENCY OR ANY OTHER AGENCY SHALL BE DESTROYED FORTHWITH.
When a person fingerprinted pursuant to section 306.1 and subsequently
adjudicated a juvenile delinquent for a felony[, but in the case of acts
committed when such person was eleven or twelve years of age which would
constitute a class A or B felony only,] reaches the age of twenty-one,
or has been discharged from placement under this act for at least three
years, whichever occurs later, and has no criminal convictions or pend-
ing criminal actions which ultimately terminate in a criminal
conviction, all fingerprints, palmprints, photographs, and related
information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of criminal justice services, any police
department, law enforcement agency or any other agency shall be
destroyed forthwith. The division of criminal justice services shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion pursuant to section 306.1 of their obligation to destroy those
records in their possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
S 79. The opening paragraph of subdivision 1 of section 355.1 of the
family court act, as amended by chapter 398 of the laws of 1983, is
amended and a new subdivision 4 is added to read as follows:
[Upon] EXCEPT AS PROVIDED IN SUBDIVISION FOUR, UPON a showing of a
substantial change of circumstances, the court may on its own motion or
on motion of the respondent or his OR HER parent or person responsible
for his OR HER care:
4. THE COURT MAY GRANT A NEW FACT-FINDING HEARING ONLY UPON GROUNDS
SET FORTH IN SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW.
S 80. Subdivisions 1 and 6 of section 355.3 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983 and subdivi-
A. 5422 33
sion 6 as amended by chapter 663 of the laws of 1985, are amended to
read as follows:
1. In any case in which the respondent has been placed pursuant to
section 353.3 OR 353.5 the respondent, the person with whom the respond-
ent has been placed, the commissioner of [social services, or the divi-
sion for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES may petition
the court to extend such placement. Such petition shall be filed at
least sixty days prior to the expiration of the period of placement,
except for good cause shown but in no event shall such petition be filed
after the original expiration date.
6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued [beyond the respondent's
eighteenth birthday without the child's consent and in no event] past
the child's twenty-first birthday.
S 81. Paragraph (f) of subdivision 2 of section 375.1 of the family
court act is REPEALED and a new paragraph (f) is added to read as
follows:
(F) AFTER THE FILING OF A PETITION, THE COURT REFERS A CASE TO THE
PROBATION SERVICE PURSUANT TO SECTION 320.6 AND THE PROBATION SERVICE
ADJUSTS THE CASE; OR
S 82. Subdivision 1 of section 375.1 of the family court act, as
amended by chapter 645 of the laws of 1996, is amended and a new subdi-
vision 1-a is added to read as follows:
1. [Upon] EXCEPT AS PROVIDED IN SUBDIVISION ONE-A OF THIS SECTION,
UPON termination of a delinquency proceeding against a respondent in
favor of such respondent, unless the presentment agency upon written
motion with not less than eight days notice to such respondent demon-
strates to the satisfaction of the court that the interests of justice
require otherwise or the court on its own motion with not less than
eight days notice to such respondent determines that the interest of
justice require otherwise and states the reason for such determination
on the record, the clerk of the court shall immediately notify the law
guardian or counsel for the child, the director of the appropriate
presentment agency, and the heads of the appropriate probation depart-
ment and police department or other law enforcement agency, that the
proceeding has terminated in favor of the respondent and, unless the
court has directed otherwise, that the records of such action or
proceeding, other than those destroyed pursuant to section 354.1 of this
act, shall be sealed. Upon receipt of such notification all official
records and papers, including judgments and orders of the court, but not
including public court decisions or opinions or records and briefs on
appeal, relating to the arrest, the prosecution and the probation
service proceedings, including all duplicates or copies thereof, on file
with the court, police agency, probation service and presentment agency
shall be sealed and not made available to any person or public or
private agency. Such records shall remain sealed during the pendency of
any motion made pursuant to this subdivision.
1-A. UPON TERMINATION OF A DELINQUENCY PROCEEDING AGAINST A RESPONDENT
BASED ON THE ACCEPTANCE OF AN ADMISSION PURSUANT TO SUBDIVISION TWO-A OF
SECTION 321.3, THE RECORDS OF SUCH PROCEEDING SHALL NOT BE SEALED.
S 83. Subdivision 3 of section 375.1 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended to read as
follows:
3. Records sealed pursuant to subdivision one shall be made available
to the respondent or [his] THE RESPONDENT'S designated agent [and the].
THE SEALED records and papers of a probation service shall be available
A. 5422 34
to any probation service for the purpose of DETERMINING WHETHER A CASE
IS SUITABLE FOR ADJUSTMENT SERVICES AND PLANNING SUCH SERVICES AND TO
THE PRESENTMENT AGENCY AND THE COURT FOR THE PURPOSE OF complying with
[subdivision] SUBDIVISIONS THREE AND four of section 308.1.
S 84. Subdivision 1 of section 375.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
1. If an action has resulted in a finding of delinquency pursuant to
subdivision one of section [352.1] 345.1, other than a finding that the
respondent committed a designated felony act, the court may, in the
interest of justice and upon motion of the respondent, order the sealing
of appropriate records pursuant to subdivision one of section 375.1.
S 85. Section 380.1 of the family court act is amended by adding a
new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE A FINDING OF
JUVENILE DELINQUENCY HAS BEEN ENTERED, THE RECORDS PERTAINING TO SUCH
CASE SHALL BE MADE AVAILABLE TO (A) ANY STATE OR LOCAL OFFICER OR AGENCY
WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN
THE PERSON HAS MADE APPLICATION FOR SUCH LICENSE; OR (B) ANY PROSPECTIVE
EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE DEFINED
IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICATION FOR EMPLOYMENT AS
A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON
WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER
SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARA-
GRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THEREOF.
S 86. Section 381.1 of the family court act, as added by chapter 920
of the laws of 1982, is amended to read as follows:
S 381.1. Transfer of records and information to institutions and
agencies. Whenever a person is placed with an institution suitable for
placement of a person adjudicated a juvenile delinquent maintained by
the state or any subdivision thereof or to an authorized agency includ-
ing the division for youth, the family court placing such person shall
forthwith transmit a copy of the orders of the family court pursuant to
sections [352.1] 345.1 and 352.2 and of the probation report and all
other relevant evaluative records in the possession of the family court
and probation department related to such person, including but not
limited to any diagnostic, educational, medical, psychological and
psychiatric records with respect to such person to such institution or
agency, notwithstanding any contrary provision of law.
S 87. Subdivision 2 of section 381.2 of the family court act, as
amended by chapter 926 of the laws of 1982, is amended to read as
follows:
2. Notwithstanding the provisions of subdivision one, another court,
FOR THE PURPOSE OF MAKING A BAIL, RECOGNIZANCE, OR YOUTHFUL OFFENDER
DETERMINATION OR in imposing sentence upon an adult after conviction may
receive and consider the records and information on file with the family
court, unless such records and information have been sealed pursuant to
section 375.1.
S 88. Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
18. "Juvenile offender" means (1) a person TWELVE OR thirteen years
old who is criminally responsible for acts constituting murder in the
second degree as defined in subdivisions one and two of section 125.25
of this chapter or such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; and
A. 5422 35
(2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in the first degree);
SUBDIVISION TEN OF SECTION 120.05 (ASSAULT IN THE SECOND DEGREE); 120.07
(GANG ASSAULT IN THE FIRST DEGREE); subdivisions one [and], two AND
THREE of section 120.10 (assault in the first degree); 120.11 (AGGRA-
VATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.20
(manslaughter in the first degree); subdivisions one and two of section
130.35 (rape in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 130.75 (COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN
THE SECOND DEGREE; 140.30 (burglary in the first degree); subdivision
one of section 140.25 (burglary in the second degree); 150.15 (arson in
the second degree); 160.15 (robbery in the first degree); subdivision
two of section 160.10 (robbery in the second degree) [of this chapter];
215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); [or]
section 265.03 [of this chapter] (CRIMINAL POSSESSION OF A WEAPON IN THE
SECOND DEGREE), where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; 265.09 (CRIMINAL USE OF A FIREARM IN THE
FIRST DEGREE); 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE);
OR 485.05 (HATE CRIMES) OF THIS CHAPTER PROVIDED THAT THE SPECIFIED
OFFENSE FOR WHICH THE HATE CRIME IS CHARGED IS ONE FOR WHICH SUCH PERSON
IS CRIMINALLY RESPONSIBLE; or defined in this chapter as an attempt to
commit [murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of the penal law] ANY OF THE FOREGOING CRIMES.
S 89. Subdivision 2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
2. A person TWELVE OR thirteen[, fourteen or fifteen] years of age is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 and A PERSON
FOURTEEN OR FIFTEEN YEAR OLD IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
TUTING THE CRIMES DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 125.25
(MURDER IN THE SECOND DEGREE) AND in subdivision three of such section
provided that the underlying crime for the murder charge is one for
which such person is criminally responsible or for such conduct as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; and a person fourteen or fifteen years of age is
criminally responsible for acts constituting the crimes defined in
section 135.25 (kidnapping in the first degree); 150.20 (arson in the
first degree); SUBDIVISION TEN OF SECTION 120.05 (ASSAULT IN THE SECOND
DEGREE); 120.07 (GANG ASSAULT IN THE FIRST DEGREE); subdivisions one and
two of section 120.10 (assault in the first degree); 120.11 (AGGRAVATED
ASSAULT UPON A POLICE OFFICER OR PEACE OFFICER); 125.20 (manslaughter in
the first degree); subdivisions one and two of section 130.35 (rape in
the first degree); subdivisions one and two of section 130.50 (criminal
sexual act in the first degree); 130.70 (aggravated sexual abuse in the
first degree); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
A. 5422 36
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) [of this chapter]; 215.17 (INTIMIDATING A
VICTIM OR WITNESS IN THE FIRST DEGREE); [or] section 265.03 [of this
chapter] (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE), where
such machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of this
chapter; 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.08
(CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); OR 485.05 (HATE
CRIMES) OF THIS CHAPTER PROVIDED THAT THE SPECIFIED OFFENSE FOR WHICH
THE HATE CRIME IS CHARGED IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY
RESPONSIBLE; or defined in this chapter as an attempt to commit [murder
in the second degree or kidnapping in the first degree, or for such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law] ANY OF THE FOREGOING CRIMES.
S 90. Subdivision 2 of section 60.02 of the penal law, as amended by
chapter 471 of the laws of 1980, is amended and a new subdivision 2-a is
added to read as follows:
(2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony OTHER THAN A
CLASS B, C, OR D VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF
THIS TITLE, the court must impose a sentence authorized to be imposed
upon a person convicted of a class E felony provided, however, that the
court must not impose a sentence of conditional discharge or uncondi-
tional discharge if the youthful offender finding was substituted for a
conviction of a felony defined in article two hundred twenty of this
chapter.
(2-A) IF THE SENTENCE IS TO BE IMPOSED UPON A YOUTHFUL OFFENDER FIND-
ING WHICH HAS BEEN SUBSTITUTED FOR A CONVICTION FOR A CLASS B, C, OR D
VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THIS TITLE, THE COURT
MUST IMPOSE A SENTENCE AUTHORIZED TO BE IMPOSED UPON A PERSON CONVICTED
OF A CLASS D FELONY.
S 91. Subdivision 6 of section 70.00 of the penal law, as amended by
chapter 1 of the laws of 1998, is amended to read as follows:
6. Determinate sentence. Except as provided in subdivision four of
this section and subdivisions two and four of section 70.02, when a
person is sentenced as a violent felony offender pursuant to section
70.02 or as a second violent felony offender pursuant to section 70.04
or as a second felony offender on a conviction for a violent felony
offense pursuant to section 70.06 OR WHEN A PERSON IS SENTENCED AS A
JUVENILE OFFENDER PURSUANT TO SECTION 70.05, the court must impose a
determinate sentence of imprisonment in accordance with the provisions
of such sections and such sentence shall include, as a part thereof, a
period of post-release supervision in accordance with section 70.45.
S 92. Subdivisions 2 and 3 of section 70.05 of the penal law, as
added by chapter 481 of the laws of 1978, paragraph (e) of subdivision 2
as added and paragraph (c) of subdivision 3 as amended by chapter 435 of
the laws of 1998 and paragraph (a) of subdivision 3 as amended by chap-
ter 174 of the laws of 2003, are amended to read as follows:
2. Maximum term of sentence. The maximum term of an indeterminate
sentence for a juvenile offender shall be [at least three years and the
term shall be] fixed as follows:
(a) For the class A felony of murder in the second degree, the term
shall be life imprisonment;
(b) For the class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree the term shall be fixed
A. 5422 37
by the court, and shall be at least twelve years but shall not exceed
fifteen years;
(c) For a class B felony, the term shall be fixed by the court, and
shall not exceed ten years;
(d) For a class C felony, the term shall be fixed by the court, and
shall BE AT LEAST FOUR YEARS BUT SHALL not exceed [seven] TEN years; and
(e) For a class D felony, the term shall be fixed by the court and
SHALL BE AT LEAST THREE YEARS BUT shall not exceed [four] SEVEN years.
3. Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a juvenile offender shall be speci-
fied in the sentence as follows:
(a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than [five] TEN years but shall not exceed [nine] EIGHTEEN years
provided, however, that where the sentence is for an offense specified
in subdivision one or two of section 125.25 of this chapter and the
defendant was fourteen or fifteen years old at the time of such offense,
the minimum period of imprisonment shall be not less than seven and
one-half years but shall not exceed fifteen years;
(b) For the class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree, the minimum period of
imprisonment shall be fixed by the court and shall be not less than
[four] EIGHT years but shall not exceed [six] TWELVE years; [and]
(c) For a class B[,] OR C [or D] felony, the minimum period of impri-
sonment shall be fixed by the court at [one-third] ONE-HALF of the maxi-
mum term imposed[.]; AND
(D) FOR A CLASS D FELONY, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE
FIXED BY THE COURT AND SHALL BE NOT LESS THAN ONE AND ONE-HALF YEARS BUT
SHALL NOT EXCEED THREE YEARS.
S 93. Subdivision 4 of section 70.20 of the penal law, as amended by
chapter 479 of the laws of 1992, paragraph (a) as separately amended by
chapter 465 of the laws of 1992 and paragraphs (d) and (e) as relettered
by chapter 516 of the laws of 1995, is amended to read as follows:
4. (a) Notwithstanding any other provision of law to the contrary, a
juvenile offender WHO IS SENTENCED AS A JUVENILE OFFENDER AND GIVEN A
DETERMINATE OR INDETERMINATE SENTENCE, or a juvenile offender who is
adjudicated a youthful offender and given an indeterminate or a definite
sentence, shall be committed to the custody of the [director of the
division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES who shall arrange for the confinement of such offender in
secure facilities of [the division] SUCH OFFICE. The release or trans-
fer of such offenders from the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES shall be governed by section five hundred eight of
the executive law.
(b) The court in committing a juvenile offender and youthful offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall inquire as to whether the parents or legal guardian of
the youth, if present, will consent for the [division] OFFICE to provide
routine medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES in accordance with this section and no
medical consent has been obtained prior to said commitment, the commit-
ment order shall be deemed to grant consent for the [division for youth]
OFFICE to provide for routine medical, dental and mental health services
and treatment to the offender so committed.
A. 5422 38
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from making a
motion on notice to the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES pursuant to article twenty-two of the civil practice law
and rules objecting to routine medical, dental or mental health services
and treatment being provided to such offender under the provisions of
paragraph (b) of this subdivision.
(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the offender is authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
S 94. Paragraph (f) of subdivision 1 of section 70.30 of the penal law
is REPEALED and a new paragraph (f) is added to read as follows:
(F) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A
JUVENILE OFFENDER FOR TWO OR MORE CRIMES, ALL OF WHICH WERE COMMITTED
BEFORE THE JUVENILE OFFENDER REACHED THE AGE OF SIXTEEN AND BEFORE THE
JUVENILE OFFENDER WAS IMPRISONED UNDER ANY SUCH SENTENCES, SHALL BE
CALCULATED AS FOLLOWS, PROVIDED SUCH JUVENILE OFFENDER IS NOT SUBJECT TO
ANY SENTENCE OF IMPRISONMENT FOR THE CLASS A FELONY OF MURDER IN THE
SECOND DEGREE:
(I) WHERE THE JUVENILE OFFENDER'S CONSECUTIVE SENTENCES OF IMPRISON-
MENT ARE ALL INDETERMINATE SENTENCES OF IMPRISONMENT, AND THE AGGREGATE
MAXIMUM TERM OF SUCH SENTENCES EXCEEDS FIFTEEN YEARS, IT SHALL BE DEEMED
TO BE FIFTEEN YEARS; UNLESS ONE OR MORE SUCH CONSECUTIVE SENTENCES IS
IMPOSED FOR THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE OR KIDNAP-
PING IN THE FIRST DEGREE, THE AGGREGATE MAXIMUM TERM SHALL, IF IT
EXCEEDS EIGHTEEN YEARS, BE DEEMED TO BE EIGHTEEN YEARS; AND WHERE THE
AGGREGATE MAXIMUM TERM OF SUCH INDETERMINATE CONSECUTIVE SENTENCES IS
REDUCED PURSUANT TO THIS PROVISION, THE AGGREGATE MINIMUM PERIOD OF
IMPRISONMENT, IF IT EXCEEDS ONE-HALF OF THE AGGREGATE MAXIMUM TERM AS SO
REDUCED, SHALL BE DEEMED TO BE ONE-HALF OF THE AGGREGATE MAXIMUM TERM AS
SO REDUCED.
(II) WHERE ALL SUCH CONSECUTIVE SENTENCES ARE DETERMINATE SENTENCES OF
IMPRISONMENT, AND THE AGGREGATE DETERMINATE TERM EXCEEDS FIFTEEN YEARS,
THE JUVENILE OFFENDER IS DEEMED TO BE SERVING AN AGGREGATE DETERMINATE
TERM OF FIFTEEN YEARS.
(III) WHERE THE JUVENILE OFFENDER'S CONSECUTIVE SENTENCES OF IMPRISON-
MENT INCLUDE AT LEAST ONE INDETERMINATE SENTENCE AND ONE DETERMINATE
SENTENCE:
(A) IF THE AGGREGATE MAXIMUM TERM OF THE DETERMINATE SENTENCES IS
FIFTEEN YEARS OR MORE, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
ING A DETERMINATE SENTENCE OF FIFTEEN YEARS. IF, HOWEVER, THE AGGREGATE
DETERMINATE TERM IS LESS THAN FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL
BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE WITH AN AGGREGATE
MAXIMUM TERM OF FIFTEEN YEARS. IN SUCH EVENT, THE MINIMUM SENTENCE SHALL
BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS OF THE AGGRE-
GATE MAXIMUM TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS
GREATER; UNLESS
(B) IF ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS IMPOSED FOR A
CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE OR KIDNAPPING IN THE
FIRST DEGREE, AND THE DETERMINATE SENTENCES RESULT IN AN AGGREGATE
DETERMINATE TERM OF EIGHTEEN YEARS OR MORE, THE JUVENILE OFFENDER SHALL
BE DEEMED TO BE SERVING A DETERMINATE SENTENCE OF EIGHTEEN YEARS. IF,
HOWEVER, THE DETERMINATE SENTENCES RESULT IN AN AGGREGATE MAXIMUM TERM
OF LESS THAN EIGHTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE
SERVING AN INDETERMINATE SENTENCE WITH A MAXIMUM TERM OF EIGHTEEN YEARS.
A. 5422 39
IN SUCH EVENT, THE MINIMUM SENTENCE SHALL BE DEEMED TO BE NINE YEARS OR
SIX-SEVENTHS OF THE AGGREGATE MAXIMUM TERM OF THE DETERMINATE SENTENCES,
WHICHEVER IS GREATER.
S 95. Section 70.45 of the penal law is amended by adding a new subdi-
vision 2-b to read as follows:
2-B. PERIOD OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDER. THE
PERIOD OF POST-RELEASE SUPERVISION FOR A JUVENILE OFFENDER FOR A DETER-
MINATE SENTENCE SHALL BE FIVE YEARS, EXCEPT THAT SUCH PERIOD SHALL BE
THREE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED
PURSUANT TO SECTION 70.05 OF THIS ARTICLE UPON A CONVICTION FOR A CLASS
D FELONY OFFENSE AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00;
PROVIDED, HOWEVER, THAT WHEN A DETERMINATE SENTENCE IS IMPOSED PURSUANT
TO SECTION 70.05 OF THIS ARTICLE, THE COURT, AT THE TIME OF SENTENCE,
MAY SPECIFY A SHORTER PERIOD OF POST-RELEASE SUPERVISION OF NOT LESS
THAN TWO AND ONE-HALF YEARS UPON A CONVICTION FOR A CLASS B OR CLASS C
FELONY OFFENSE AND A SHORTER PERIOD OF POST-RELEASE SUPERVISION OF NOT
LESS THAN ONE AND ONE-HALF YEARS UPON A CONVICTION FOR A CLASS D FELONY
OFFENSE AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00.
S 96. Paragraph (d) of subdivision 3 of section 485.10 of the penal
law, as added by chapter 107 of the laws of 2000, is amended to read as
follows:
(d) the [maximum] term of the [indeterminate] DETERMINATE sentence
must be at least four years if the defendant is sentenced pursuant to
section 70.05 of this chapter; and
S 97. Commission on alternatives to placement and community reinte-
gration programs for juvenile delinquents.
1. There is hereby created a commission to study alternatives to
placement programs and community reintegration programs for juvenile
delinquents. The commission shall consist of seven members appointed as
follows:
(a) three members shall be appointed by the governor;
(b) two members shall be appointed by the chief judge of the court of
appeals;
(c) one such member shall be appointed by the temporary president of
the senate; and
(d) one such member shall be appointed by the speaker of the assembly.
2. The governor shall select a chair of the commission from among the
members, who shall serve at the pleasure of the governor. No member of
the commission shall be disqualified from holding any public office or
employment, nor shall he or she forfeit any such office or employment by
virtue of his or her appointment hereunder. Members of the commission
shall receive no compensation for their services but shall be allowed
their actual and necessary expenses incurred in the performance of their
functions hereunder. All members of the commission shall serve at the
pleasure of the appointing authority and vacancies shall be filled in
the same manner as original appointments.
3. The commission shall:
(a) identify and evaluate the types of alternative disposition
programs used pursuant to section 352.2 of the family court act and
community reintegration programs used pursuant to section 510-a of the
executive law;
(b) determine whether additional programs are needed in New York
state;
(c) identify alternative disposition and community reintegration
programs in other jurisdictions that are worthy of replication in New
York state;
A. 5422 40
(d) examine the probable effect of such programs on out-of-home place-
ments; and
(e) recommend legislative and programmatic changes that will enhance
the use of alternative dispositional programs and ensure that community
reintegration programs provide juveniles with the support needed upon
returning to the community.
4. The commission shall be authorized:
(a) to call upon any agency, department, office, division or public
authority of this state to supply it with such information as it deems
necessary to discharge its responsibilities. Each agency, department,
office, division and public authority of this state shall cooperate with
the commission and furnish such information and assistance as is reason-
ably necessary for it to accomplish its purposes;
(b) to conduct public hearings, hear the testimony of witnesses and
request any documents the commission deems necessary to carry out its
responsibilities;
(c) to contract with any state or private entity for the provision of
such services as the commission determines to be necessary; and
(d) to take such other actions not inconsistent with the purposes of
this section as shall enable the commission to carry out the commis-
sion's functions.
5. The chair shall be authorized:
(a) to appoint such staff as necessary to carry out the commission's
responsibilities; and
(b) to preside at meetings of the commission.
6. The commission shall report to the governor, chief judge of the
court of appeals, temporary president of the senate and the speaker of
the assembly in accordance with the provisions of this section no later
than one year after the date on which this act shall have become a law.
S 98. This act shall take effect on the one hundred twentieth day
after it shall have become a law, except that:
(a) sections three, fifteen, nineteen, twenty-three, thirty-three
through thirty-eight, seventy-nine, eighty-five, eighty-seven and nine-
ty-seven of this act shall take effect immediately;
(b) sections two, four through ten, twelve, fourteen, sixteen, twen-
ty-eight through thirty-two, forty through forty-four, forty-eight,
forty-nine, fifty-three, fifty-seven through fifty-nine, sixty-one
through sixty-seven, sections sixty-eight, seventy, seventy-two, seven-
ty-three, seventy-five through seventy-seven, eighty, and eighty-eight
through ninety-two of this act shall apply to offenses committed on or
after the date on which this act shall have become a law;
(c) sections fifty-two and fifty-four of this act shall apply to cases
commenced on or after the date on which this act shall have become a
law; and
(d) the amendment to subdivision 6 of section 70.00 of the penal law
made by section ninety-one of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith.