senate Bill S4940B

Signed By Governor
2011-2012 Legislative Session

Enacts the juvenile justice worker protection act relating to the definition of public employers

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Archive: Last Bill Status Via A2129 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.504
Sep 12, 2011 delivered to governor
Jun 13, 2011 returned to assembly
passed senate
3rd reading cal.821
substituted for s4940b
Jun 13, 2011 substituted by a2129b
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.821
May 19, 2011 print number 4940b
amend and recommit to labor
May 05, 2011 print number 4940a
amend (t) and recommit to labor
May 02, 2011 referred to labor

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4940 - Bill Details

See Assembly Version of this Bill:
A2129B
Law Section:
Labor Law
Laws Affected:
Amd §27-b, Lab L

S4940 - Bill Texts

view summary

Enacts the juvenile justice worker protection act relating to the definition of public employers.

view sponsor memo
BILL NUMBER:S4940

TITLE OF BILL:
An act
to amend the labor law, in relation to enactment of the juvenile justice
community facility violence prevention act

PURPOSE OR GENERAL IDEA OF BILL:
To include not for profit juvenile justice facilities in New York
state under the "Workplace Violence prevention Law."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles the bill the "juvenile justice community facility
violence prevention act."

Section 2 presents the legislative findings regarding the danger of
workplace violence in privately run juvenile justice facilities in
New York state.

Section 3 amends paragraph (a) of subdivision 2 of section 27-b of
the labor law as added by chapter B2 of the laws of 2006 by adding
facilities that accept children adjudicated delinquent to the list of
employers that are required to design and implement a workplace
violence protection program to prevent and minimize the hazard of
workplace violence to employees.

Section 4 provides that the act shall take effect immediately.

JUSTIFICATION:
More judges statewide are sending juveniles adjudicated delinquent to
less secure, privately run residential programs in lieu of state-run
juvenile justice facilities. This shift raises safety concerns for
youth placed in the facilities, visitors, staff, and the community
surrounding the centers. Implementing violence prevention programs in
privately run juvenile justice facilities would greatly improve
facility security by requiring facility management to identify risks
of violence and undertake the means to abate those risks.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days following enactment.

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

                                  4940

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to enactment of the  juvenile
  justice community facility violence prevention act

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

  Section 1. This act shall be known and may be cited as  the  "juvenile
justice community facility violence prevention act".
  S 2. Legislative findings. According to Child Welfare Watch, a project
for the New School for Management and Urban Policy, "Family Court Judges
are  sending  more  juvenile  delinquents  to non-profit run residential
treatment centers, with 813 such admissions in  2008,  up  from  539  in
2001."  The  shift  to  less  secure, privately run residential programs
raises safety concerns for youth placed  in  the  facilities,  visitors,
staff,  and  the community surrounding the centers. As documented in the
Assembly Subcommittee on Workplace Safety's report, "Workplace Safety in
the New York State Juvenile Justice System,"  in  June  2009,  community
residence worker Renee Greco was murdered by a youth placed in a private
residential  center by the Office of Children and Family Services (OCFS)
in Lockport, New York and in January 2009 police officer Anthony  DiPon-
zio  was shot in the head by a youth who went AWOL from private residen-
tial community placement in Rochester, New York.
  Currently, one-third of youth sent to  community  based  programs  are
subsequently redirected to OCFS residential facilities, as determined by
OCFS,  either because they prove to be too dangerous for private facili-
ties to handle or because private facilities do not have  the  tools  to
rehabilitate youth.
  Implementing  violence  prevention  programs in privately run juvenile
justice facilities would greatly benefit the community both  inside  and
outside  the  facilities. These programs would allow facility management

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-01-1

S. 4940                             2

to identify risks of violence and undertake the  means  to  abate  those
risks.
  S 3. Paragraph a of subdivision 2 of section 27-b of the labor law, as
added by chapter 82 of the laws of 2006, is amended to read as follows:
  a. "Employer" means: (1) the state; (2) a political subdivision of the
state,  provided,  however  that  this  subdivision  shall  not mean any
employer as defined in section twenty-eight hundred one-a of the  educa-
tion law; [and] (3) a public authority, a public benefit corporation, or
any  other  governmental  agency  or instrumentality thereof; AND (4) AN
AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH  (A)  OF  SUBDIVISION  TEN  OF
SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW THAT
ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE FAMI-
LY COURT ACT.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.

S4940A - Bill Details

See Assembly Version of this Bill:
A2129B
Law Section:
Labor Law
Laws Affected:
Amd §27-b, Lab L

S4940A - Bill Texts

view summary

Enacts the juvenile justice worker protection act relating to the definition of public employers.

view sponsor memo
BILL NUMBER:S4940A

TITLE OF BILL:

An act
to amend the labor law, in relation to the definition of public employers

PURPOSE OR GENERAL IDEA OF BILL:

To include not for profit juvenile justice facilities in New York
State under the "Workplace Violence Prevention Law."

SUMMARY OF SPECIFIC PROVISIONS

Section 1 amends paragraph (a) of subdivision 3 of Section 27-b of the
labor law as added by chapter 82 of the laws of 2006 by adding
facilities that accept children adjudicated delinquent to the list
of employers that are required to design and implement a workplace
violence protection program to prevent and minimize the hazard of
workplace violence to employees.

Section 2 states the effective date.

JUSTIFICATION:

More judges statewide are sending juveniles adjudicated delinquent to
less secure, privately run residential programs in lieu of state-run
juvenile justice facilities. This shift raises safety concerns for
youth placed in the facilities, visitors, staff, and the community
surrounding the centers. Implementing violence prevention programs in
privately run juvenile justice facilities would greatly improve
facility security by requiring facility management to identify risks
of violence and undertake the means to abate those risks.

PRIOR LEGISLATIVE HISTORY:

New Legislation.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

120 days following enactment.

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

                                 4940--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the labor law, in relation to the definition of public
  employers

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

  Section  1.  Paragraph a of subdivision 2 of section 27-b of the labor
law, as added by chapter 82 of the laws of 2006, is amended to  read  as
follows:
  a. "Employer" means: (1) the state; (2) a political subdivision of the
state,  provided,  however  that  this  subdivision  shall  not mean any
employer as defined in section twenty-eight hundred one-a of the  educa-
tion law; [and] (3) a public authority, a public benefit corporation, or
any  other  governmental  agency  or instrumentality thereof; AND (4) AN
AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH  (A)  OF  SUBDIVISION  TEN  OF
SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW THAT
ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE FAMI-
LY COURT ACT.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-03-1

S4940B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2129B
Law Section:
Labor Law
Laws Affected:
Amd §27-b, Lab L

S4940B (ACTIVE) - Bill Texts

view summary

Enacts the juvenile justice worker protection act relating to the definition of public employers.

view sponsor memo
BILL NUMBER:S4940B

TITLE OF BILL:
An act
to amend the labor law, in relation to the definition of public employers

PURPOSE OR GENERAL IDEA OF BILL:
To include not for profit juvenile justice facilities in New York
State under the "Workplace Violence Prevention Law."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles the bill the "Juvenile Justice Worker Protection Act."

Section 2 amends paragraph (a) of subdivision 3 of section 27-b of the
labor law as added by chapter 82 of the laws of 2006 by adding
facilities that accept children adjudicated delinquent to the list of
employers that are required to design and implement a workplace
violence protection program to prevent and minimize the hazard of
workplace violence to employees.

Section 3 states the effective date.

JUSTIFICATION:
More judges statewide are sending juveniles adjudicated delinquent to
less secure, privately run residential programs in lieu of state-run
juvenile justice facilities. This shift raises safety concerns for
youth placed in the facilities, visitors, staff, and the community
surrounding the centers.

For this reason, these private facilities should be required to
implement the same safety planning 'programs that is required of
state operated facilities. This will result in a safer and more
appropriate environment for both the youth and the employees of these
private facilities by requiring facility management to identify risks
of violence and undertake the means to abate those risks.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days following enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4940--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, in relation to the definition  of  public
  employers

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

  Section 1. This act shall be known and may be cited as  the  "juvenile
justice worker protection act."
  S 2. Paragraph a of subdivision 2 of section 27-b of the labor law, as
added by chapter 82 of the laws of 2006, is amended to read as follows:
  a. "Employer" means: (1) the state; (2) a political subdivision of the
state,  provided,  however  that  this  subdivision  shall  not mean any
employer as defined in section twenty-eight hundred one-a of the  educa-
tion law; [and] (3) a public authority, a public benefit corporation, or
any  other  governmental  agency  or instrumentality thereof; AND (4) AN
AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH  (A)  OF  SUBDIVISION  TEN  OF
SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW THAT
ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE FAMI-
LY COURT ACT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-05-1

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