Senate Bill S6845

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

                                 6845--A

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at  request of the Office of Victim
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed  to  the  Committee  on  Children  and Families -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the family court act, in  relation  to  restitution  and
  public service orders

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

  Section 1. Paragraph (a) of subdivision 1  of  section  353.6  of  the
family  court  act,  as  amended  by chapter 317 of the laws of 2004, is
amended to read as follows:
  (a) recommend as a condition of placement, or order as a condition  of
probation  or conditional discharge, restitution in an amount represent-
ing 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, not, however, to exceed one  thousand
five  hundred  dollars. In the case of a placement MADE TO AN AUTHORIZED
AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,  the  court  may
recommend  that  the respondent pay out of his or her own funds or earn-
ings the amount of replacement, damage or unreimbursed medical expenses,
either in a lump sum or in periodic payments in amounts set by the agen-
cy with which he or she is placed, IN THE CASE OF A PLACEMENT MADE TO  A
SUITABLE  RELATIVE  OR OTHER SUITABLE PERSON, 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 SET BY THE COURT, 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 set by the court; and/or
  S 2. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14488-04-2
              

S. 6845--A                          2

  2.  If  the  court recommends restitution or requires services for the
public good in conjunction  with  an  order  of  placement  pursuant  to
section  353.3  or  353.5  OF THIS PART, AND the placement [shall be] IS
made [only] to an authorized agency[, including the division for youth,]
OR  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES which has adopted rules
and regulations for the supervision of  such  a  program,  [which]  SUCH
rules  and  regulations[, except in the case of the division for youth,]
OF AN AUTHORIZED AGENCY shall be subject to the approval of  the  [state
department  of  social services] OFFICE OF CHILDREN AND FAMILY SERVICES.
Such rules  and  regulations  shall  include,  but  not  be  limited  to
provisions:   (i) assuring that the conditions of work, including wages,
meet the standards therefor 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 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 3. This act shall take effect immediately.