senate Bill S2764

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to children and families
Feb 01, 2011 referred to children and families

S2764 - Details

See Assembly Version of this Bill:
A822
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง351.1 & 353.4, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S7251, A2406

S2764 - 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.

S2764 - Sponsor Memo

S2764 - Bill Text download pdf

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

                                  2764

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03214-01-1

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