Senate Bill S7251

2009-2010 Legislative Session

Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings

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Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7251 (ACTIVE) - Details

See Assembly Version of this Bill:
A2406
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§351.1 & 353.4, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S2764, A822
2013-2014: S3329, A2066
2015-2016: S2046, A1228
2017-2018: S3348, A1034
2019-2020: S2567, A2335
2021-2022: S3378
2023-2024: S1595

2009-S7251 (ACTIVE) - Summary

Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.

2009-S7251 (ACTIVE) - Sponsor Memo

2009-S7251 (ACTIVE) - Bill Text download pdf

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

                                  7251

                            I N  S E N A T E

                             March 25, 2010
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families

AN ACT to amend the family court act, in relation to probation, investi-
  gation  and diagnostic assessment of juvenile delinquents or any other
  juvenile delinquent whom the court reasonably finds, on the record, to
  have a demonstrable need for a remediation of a discernible  handicap-
  ping condition

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

  Section 1. Subdivision 1 of section 351.1 of the family court act,  as
amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
follows:
  1. Following a determination that a respondent has committed a  desig-
nated felony act OR ANY OTHER JUVENILE DELINQUENT WHOM THE COURT REASON-
ABLY FINDS, ON THE RECORD, TO HAVE A DEMONSTRABLE NEED FOR A REMEDIATION
OF  A  DISCERNIBLE HANDICAPPING CONDITION and prior to the dispositional
hearing, the judge shall order a probation investigation and a  diagnos-
tic assessment. For the purposes of this article, the probation investi-
gation shall include, but not be limited to, the history of the juvenile
including  previous  conduct, the family situation, any previous psycho-
logical and psychiatric  reports,  school  adjustment,  previous  social
assistance  provided by voluntary or public agencies and the response of
the juvenile to such assistance. For the purposes of this  article,  the
diagnostic  assessment  shall include, but not be limited to, psycholog-
ical tests and psychiatric interviews to determine mental  capacity  and
achievement,  emotional  stability  and  mental  disabilities.  It shall
include a clinical assessment 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.
  S  2. Subdivision 3 of section 351.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05664-01-9
              

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