senate Bill S5494A

2011-2012 Legislative Session

Relates to the release of certain juvenile justice records

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2012 referred to children and families
delivered to assembly
passed senate
May 02, 2012 advanced to third reading
May 01, 2012 2nd report cal.
Apr 30, 2012 1st report cal.618
Jan 04, 2012 referred to children and families
returned to senate
died in assembly
Jun 17, 2011 referred to judiciary
delivered to assembly
passed senate
Jun 14, 2011 amended on third reading 5494a
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.925
May 25, 2011 referred to children and families

Votes

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Apr 30, 2012 - Children and Families committee Vote

S5494A
4
1
committee
4
Aye
1
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 30, 2012

nay (1)
absent (1)

Jun 1, 2011 - Children and Families committee Vote

S5494
3
0
committee
3
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 1, 2011

aye (3)
aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S5494 - Bill Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §372, Soc Serv L

S5494 - Bill Texts

view summary

Authorizes the release of certain juvenile justice records.

view sponsor memo
BILL NUMBER:S5494

TITLE OF BILL:
An act
to amend the social services law, in relation to juvenile justice
records

SUMMARY OF PROVISIONS:
Section 1. Amends Section 372 of the social services law to allow
sharing of juvenile justice records to individuals leaving the
custody of the NYC Administration for Children's Services and
entering the custody of the NYC Department of Corrections. This
section also forbids redisclosure of said records unless allowed by
law and approval of the Department.

JUSTIFICATION:
Accurate classification of adolescent inmates is crucial in order for
the new York City Department of Corrections (DOC) to maintain a safe
and secure environment and to provide services tailored to
adolescents' needs. Approximately 6,000 adolescents, between the ages
of sixteen and eighteen, are admitted to DOC custody each year;
approximately 250 have had at least one prior admission to the
juvenile justice system within a year prior to their DOC admission.
Adolescents are housed separately from adults and have distinct
programming needs.
The adolescent population has been disproportionately involved in
incidents of violence in the jails; while representing only 7% of the
daily population, its involvement in violent incidents is over 19%.

Access to juvenile justice records would enable the DOC to classify
inmates more accurately, ensuring, for example, that inmates with no
prior history of violence or involvement in the adolescent or adult
justice systems not be housed with inmates who pose a high risk of
violence.
Such classifications protect both adolescent and adult populations as
well as DOC staff.

Juvenile justice records will also enable DOC to enhance existing
adolescent programming and to develop new targeted programming to
address adolescent-specific needs, in order to further ensure the
safety of staff and the adolescent population and reduce the
likelihood of future incarcerations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
None to New York City.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  5494

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

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

AN ACT to amend the social services law, in relation to juvenile justice
  records

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

  Section 1. Section 372 of the social services law is amended by adding
a new subdivision 4-c to read as follows:
  4-C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S  SERVICES  MAY  RELEASE  JUVENILE  JUSTICE
RECORDS,  INCLUDING  JUDICIAL  CASE HISTORIES, HISTORIES OF ADMISSION TO
SECURE AND NON-SECURE DETENTION FACILITIES, AND RECORDS OF  BEHAVIOR  IN
SUCH  FACILITIES, TO THE NEW YORK CITY DEPARTMENT OF CORRECTION, FOR ANY
INDIVIDUAL WHO WAS FORMERLY IN THE CUSTODY OF THE NEW YORK CITY ADMINIS-
TRATION FOR CHILDREN'S SERVICES OR A PREDECESSOR AGENCY AND WHO HAS BEEN
ADMITTED INTO THE CUSTODY OF THE NEW YORK CITY DEPARTMENT OF CORRECTION.
JUVENILE JUSTICE RECORDS RELEASED PURSUANT TO THIS SUBDIVISION SHALL NOT
BE RE-DISCLOSED EXCEPT AS  OTHERWISE  PERMITTED  BY  LAW  AND  UPON  THE
APPROVAL OF THE DEPARTMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-01-1

S5494A (ACTIVE) - Bill Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §372, Soc Serv L

S5494A (ACTIVE) - Bill Texts

view summary

Authorizes the release of certain juvenile justice records.

view sponsor memo
BILL NUMBER:S5494A

TITLE OF BILL:
An act
to amend the social services law, in relation to juvenile justice
records

SUMMARY OF PROVISIONS:
Section 1. Amends Section 372 of the social services law to allow
sharing of certain juvenile justice records to individuals leaving
the custody of the NYC Administration for Children's Services and
entering the custody of the NYC Department of Corrections. This
section also forbids redisclosure of these records unless allowed by
law and approval of the Department, or if said records are dated
earlier than 10 years prior to the information request.

JUSTIFICATION:
Accurate classification of adolescent inmates is crucial in order for
the new York City Department of Corrections (DOC) to maintain a safe
and secure environment and to provide services tailored to
adolescents' needs. Approximately 6,000 adolescents, between the ages
of sixteen and eighteen, are admitted to DOC custody each year;
approximately 250 have had at least one prior admission to the
juvenile justice system within a year prior to their DOC admission.
Adolescents are housed separately from adults and have distinct
programming needs. The adolescent population has been
disproportionately involved in incidents of violence in the jails;
while representing only 7% of the daily population, its involvement
in violent incidents is over 19%.

Access to juvenile justice records would enable the DOC to classify
inmates more accurately, ensuring, for example, that inmates with no
prior history of violence or involvement in the adolescent or adult
justice systems not be housed with inmates who pose a high risk of
violence. Such classifications protect both adolescent and adult
populations as well as DOC staff.

Juvenile justice records will also enable DOC to enhance existing
adolescent programming and to develop new targeted programming to
address adolescent-specific needs, in order to further ensure the
safety of staff and the adolescent population and reduce the
likelihood of future incarcerations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
None to New York City.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                 5494--A
    Cal. No. 925

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the social services law, in relation to juvenile justice
  records

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

  Section 1. Section 372 of the social services law is amended by adding
a new subdivision 4-c to read as follows:
  4-C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  NEW  YORK  CITY
ADMINISTRATION  FOR  CHILDREN'S  SERVICES MAY RELEASE RECORDS OF ARRESTS
AND  CONVICTIONS,  HISTORIES  OF  ADMISSION  TO  SECURE  AND  NON-SECURE
DETENTION FACILITIES, AND RECORDS OF BEHAVIOR IN SUCH FACILITIES, TO THE
NEW  YORK  CITY DEPARTMENT OF CORRECTION UPON ITS REQUEST, FOR ANY INDI-
VIDUAL WHO WAS FORMERLY IN THE CUSTODY OF THE  NEW  YORK  CITY  ADMINIS-
TRATION FOR CHILDREN'S SERVICES OR A PREDECESSOR AGENCY AND WHO HAS BEEN
ADMITTED INTO THE CUSTODY OF THE NEW YORK CITY DEPARTMENT OF CORRECTION.
NOTWITHSTANDING  THE  PROVISIONS  OF THIS SUBDIVISION, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES SHALL NOT RELEASE TO THE NEW YORK
CITY DEPARTMENT OF CORRECTION ANY SUCH RECORD THAT IS DATED EARLIER THAN
TEN YEARS PRIOR TO THE DATE OF SUCH REQUEST, EXCEPT  THAT  A  RECORD  OF
ESCAPE  OR  ATTEMPTED  ESCAPE  MAY BE RELEASED REGARDLESS OF THE DATE OF
SUCH RECORD. RECORDS RELEASED PURSUANT TO THIS SUBDIVISION SHALL NOT  BE
REDISCLOSED  EXCEPT  AS OTHERWISE PERMITTED BY LAW AND UPON THE APPROVAL
OF THE DEPARTMENT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-02-1

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