S T A T E O F N E W Y O R K
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4341
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
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Introduced by M. of A. PERRY, COLTON, CAMARA -- Multi-Sponsored by -- M.
of A. ROBINSON -- read once and referred to the Committee on Children
and Families
AN ACT to amend the executive law, in relation to enacting the TREAT Act
defining a bill of rights for juveniles in the juvenile justice system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that research based on
national data from 2000 has shown that up to eighty percent of juveniles
in juvenile justice systems have a nexus to substance abuse: 18.2
percent are under the influence of alcohol or drugs while committing
their offenses, 53.9 percent test positive for drugs at the time of
arrest, 12.1 percent are arrested for committing an alcohol or drug
offense, 62.5 percent report having substance abuse problems, and many
exhibit some combination of these characteristics; while forty-four
percent of arrested juveniles meet clinical criteria for substance use
disorder requiring medical treatment, only 3.6 percent of arrested juve-
nile offenders with substance abuse and addiction problems receive any
form of substance abuse treatment according to the National Center on
Addiction and Substance Abuse (CASA); while up to seventy-five percent
of all incarcerated juveniles have some diagnosable mental health disor-
der, mental health services remain scarce; that incarcerated juveniles
have an increased need for basic and special education, but they are
progressively left behind in systems that use uncredentialed teachers,
crowded and inadequate facilities and which fail to create an educa-
tional environment conducive to learning and development; that juveniles
who drink and use drugs are more likely to be arrested multiple times,
with each conviction raising the likelihood of the juvenile being proc-
essed through adult court and subject to an eventual adult felony
conviction, and such juveniles recidivate faster with more serious
offenses than those retained in juvenile court; and that a substantial
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08554-01-1
A. 4341 2
percentage of adults in prison for felony crimes were incarcerated as
juveniles.
The legislature further finds and declares that, with comprehensive
screening, the needs of juveniles can be identified and appropriate care
provided while maintaining the safety of the community; and that, with
appropriate care, juvenile offenders will recidivate less, and can
become productive, healthy and law-abiding members of society. The
legislature therefore declares that the provisions of this act are
necessary to protect the public health, safety and general welfare. The
necessity in the public interest for the provisions hereinafter enacted
is hereby declared as a matter of legislative determination.
S 2. This act shall be known and may be cited as the "TREAT Act" or
the "youth treatment, rehabilitation, education and training act".
S 3. The executive law is amended by adding a new section 511 to read
as follows:
S 511. BILL OF RIGHTS FOR YOUTHS IN THE JUVENILE JUSTICE SYSTEM. 1.
ALL YOUTHS IN THE SYSTEM HAVE THE FOLLOWING RIGHTS:
(A) RIGHT TO REHABILITATION: IN THE HANDLING OF EACH JUVENILE CASE,
THE STATE SHALL USE ITS BEST EFFORTS TO REHABILITATE THE YOUTH, IN
FURTHERANCE OF WHICH, A COMPREHENSIVE ASSESSMENT SHALL BE MADE OF EACH
YOUTH'S SUBSTANCE USE, MEDICAL AND MENTAL HEALTH, EDUCATION AND FAMILY
ISSUES THAT MAY BE LINKED TO THE DELINQUENCY;
(B) RIGHT TO TREATMENT: ALL YOUTHS IN THE SYSTEM HAVE THE RIGHT TO
EFFECTIVE, EVIDENCE-BASED TREATMENT SERVICES FOR SUBSTANCE ABUSE PROB-
LEMS AND DISORDERS AS WELL AS HEALTH (MEDICAL, MENTAL, DENTAL) ISSUES,
BASED ON THE MANDATED COMPREHENSIVE ASSESSMENT OF THEIR NEEDS, AND
PROVIDED BY TRAINED PROFESSIONALS;
(C) RIGHT TO EDUCATION: ALL YOUTHS IN THE SYSTEM HAVE THE RIGHT TO A
PUBLIC EDUCATION, INCLUDING SPECIAL EDUCATION WHERE NEEDED, THAT MEETS
CRITERIA AS ESTABLISHED BY THE STATE EDUCATION DEPARTMENT; THE CREDITS
ISSUED FOR THIS COURSEWORK MUST BE CREDITED BY PUBLIC SCHOOL DISTRICTS
AND DIPLOMAS AWARDED FOR CREDIT COMPLETION BY THE CHILD'S HOME PUBLIC
SCHOOL DISTRICT AS DETERMINED BY PERMANENT ADDRESS;
(D) RIGHT TO FAMILY AND SOCIAL SERVICES: ALL YOUTHS IN THE SYSTEM HAVE
THE RIGHT TO SERVICES TO IMPROVE FAMILY AND SOCIAL FUNCTIONING;
(E) RIGHT TO LEAST RESTRICTIVE ALTERNATIVES: ALL YOUTHS IN THE SYSTEM
SHALL BE ENTITLED TO THE LEAST RESTRICTIVE MEANS APPROPRIATE TO THEIR
INDIVIDUAL CASES THROUGHOUT THEIR CONTACT WITH THE JUVENILE JUSTICE
SYSTEM. AT NO TIME SHALL A YOUTH BE SUBJECT TO MORE RESTRICTIVE MEANS
THAN HIS OR HER CASE OTHERWISE WARRANTS IN ORDER TO SECURE APPROPRIATE
SERVICES;
(F) RIGHT TO REINTEGRATION: ALL YOUTHS IN THE SYSTEM HAVE THE RIGHT TO
BE PROVIDED WITH APPROPRIATE AFTERCARE TO SUPPORT SUCCESSFUL REENTRY
INTO THE COMMUNITY THAT INCORPORATES A CONTINUITY OF CARE FROM PLACEMENT
THROUGH RELEASE. EACH CHILD ENTERING STATE CARE POST-ADJUDICATION WILL
HAVE A PLAN INDIVIDUALLY DEVELOPED FOR HIM OR HER BASED ON THE COMPRE-
HENSIVE ASSESSMENT. THERE SHALL BE PERIODIC REASSESSMENTS AT LEAST EVERY
ONE HUNDRED TWENTY DAYS. THIS PLAN SHALL CONTINUE UNINTERRUPTED THROUGH-
OUT THE STATE'S CARE OF THE CHILD, INCLUDING DURING PROBATION, AND
AFTERCARE RELEASE;
(G) RIGHT TO NON-DISCRIMINATION: ALL YOUTHS IN THE SYSTEM HAVE THE
RIGHT TO HAVE ALL DETERMINATIONS IN THEIR CASES MADE WITHOUT REGARD TO
RELIGION, RACE, NATIONAL ORIGIN, ETHNICITY, GENDER OR SEXUAL ORIEN-
TATION;
(H) RIGHT TO SAFETY AND SECURITY: ALL YOUTHS IN THE SYSTEM HAVE THE
RIGHT TO BE HOUSED IN SAFE, DEDICATED JUVENILE FACILITIES, TO BE KEPT
A. 4341 3
FREE FROM ANY FORM OF ABUSE, INCLUDING PROTECTION FROM DISPROPORTIONATE
MEANS AND THE USE OF FORCE;
(I) RIGHT TO COUNSEL: ALL YOUTHS IN THE SYSTEM HAVE THE RIGHT TO FREE,
COMPETENT COUNSEL AT ALL STAGES OF PROCEEDINGS;
(J) RIGHT TO PROTECTION FROM SELF-INCRIMINATION: ALL YOUTHS IN THE
SYSTEM HAVE THE RIGHT TO APPROPRIATE SAFEGUARDS AGAINST SELF-INCRIMINA-
TION, INCLUDING THE VESTING IN THE YOUTH OF A PRIVILEGE FOR ANY STATE-
MENT BY THE YOUTH GIVEN IN FURTHERANCE OF TREATMENT OR ASSESSMENT FOR
TREATMENT;
(K) RIGHT TO EVIDENCE-BASED PRACTICE: THE STATE SHALL TRACK AND EVALU-
ATE THE EFFECTIVENESS OF TREATMENT AND ASSESSMENTS OVER TIME TO ENSURE
THAT THE MEANS EMPLOYED ARE SCIENTIFICALLY SUPPORTED AND IMPROVED; AND
(L) RIGHT TO SPEEDY REVIEW: ALL YOUTHS IN THE SYSTEM HAVE THE RIGHT TO
HAVE THEIR CASES PROCESSED FAIRLY AND QUICKLY.
2. NONE OF THE FOREGOING RIGHTS SHALL ABRIDGE OR ABROGATE ANY OTHER
RECOGNIZED RIGHTS, ENTITLEMENTS OR PRIVILEGES ENJOYED BY THOSE IN WHOM
THESE RIGHTS ARE VESTED.
3. EACH DIVISION FACILITY HOUSING OR PROVIDING SERVICES TO YOUTHS
TRANSFERRED TO THE CUSTODY OF THE DIVISION PURSUANT TO THE FAMILY COURT
ACT OR THE PENAL LAW SHALL POST, IN AT LEAST ONE PROMINENT PLACE AND
READILY ACCESSIBLE TO THE GENERAL PUBLIC, INCLUDING YOUTHS IN THE CARE
OR CUSTODY OF THE FACILITY, A LEGIBLE STATEMENT SETTING FORTH THE RIGHTS
ENUMERATED IN SUBDIVISION ONE OF THIS SECTION, TOGETHER WITH A STATEMENT
DESCRIBING THE PROCESS FOR FILING COMPLAINTS WITH THE DIVISION CONCERN-
ING ANY VIOLATION OF SUCH RIGHTS. SUCH POSTED STATEMENT SHALL BE WRITTEN
IN BOTH ENGLISH AND SPANISH, SHALL BE TITLED, IN LETTERING NO SMALLER
THAN TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE PHRASE
"PROCESS FOR REGISTERING COMPLAINTS" AND SHALL CONTAIN THE NAME AND
TELEPHONE NUMBER OF THE OFFICE WITH WHICH TO REGISTER COMPLAINTS,
TOGETHER WITH SUCH OTHER INFORMATION AS THE DIVISION DEEMS TO BE NECES-
SARY.
4. COMPLAINTS REGARDING VIOLATIONS OF THE RIGHTS ENUMERATED IN SUBDI-
VISION ONE OF THIS SECTION MAY BE MADE DIRECTLY TO THE DIVISION OR TO
THE DIVISION FACILITY WHERE THE VIOLATION OCCURRED. ALL COMPLAINTS MADE
TO THE DIVISION FACILITY SHALL BE RECORDED BY THE FACILITY ADMINIS-
TRATION, AND SHALL IMMEDIATELY BE REFERRED TO THE DIVISION FOR INVESTI-
GATION. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS AS HE OR SHE
DEEMS NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SECTION.
5. (A) THE RIGHT TO REHABILITATION SHALL INCLUDE THE RIGHT TO A
COMPREHENSIVE ASSESSMENT OF THE YOUTH'S MEDICAL AND PSYCHOLOGICAL
HEALTH, AND EDUCATIONAL, FAMILY AND SUBSTANCE ABUSE ISSUES PRIOR TO THE
TIME THE YOUTH ENTERS INTO THE CUSTODY OR CARE OF THE JUVENILE JUSTICE
SYSTEM. YOUTHS SHALL BE PLACED IN A DIVISION FACILITY ONLY AFTER ASSESS-
MENT AND A DETERMINATION THAT THE PLACEMENT IS THE LEAST RESTRICTIVE AND
MOST APPROPRIATE FACILITY AVAILABLE. IN CASES INVOLVING THE TRANSFER OF
A YOUTH WITH SUBSTANCE ABUSE PROBLEMS TO THE CUSTODY OF THE DIVISION
PURSUANT TO THE PENAL LAW, PRIORITY SHALL BE GIVEN TO TREATING SUBSTANCE
ABUSE ISSUES.
(B) THE RIGHT TO TREATMENT SHALL INCLUDE THE RIGHT TO BE ASSIGNED TO
AND HAVE ACCESS TO APPROPRIATE COUNSELORS AND TREATMENT PROGRAMS. ANY
YOUTH WHO WAS FOUND TO HAVE SUBSTANCE ABUSE ISSUES SHALL UNDERGO TREAT-
MENT PROGRAMS WHILE IN THE JUVENILE JUSTICE SYSTEM.
(C) THE RIGHT TO EDUCATION SHALL INCLUDE THE RIGHT TO BE TAUGHT BY
LICENSED, GRADE APPROPRIATE TEACHERS IN ACCORDANCE WITH THE YOUTH'S
GRADE LEVEL AND TO EARN TRANSFERABLE SCHOOL CREDIT EQUIVALENT TO THAT
WHICH THE YOUTH WOULD HAVE HAD THE OPPORTUNITY TO OBTAIN AT A REGULAR
A. 4341 4
FULL-TIME SCHOOL, AS WELL AS TO RECEIVE CAREER EDUCATION AS PROVIDED BY
SECTION FIVE HUNDRED THIRTEEN OF THIS SUBTITLE, WHERE APPROPRIATE.
(D) THE RIGHT TO REINTEGRATION SHALL INCLUDE THE RIGHT TO A COMPREHEN-
SIVE ASSESSMENT OF THE YOUTH'S MEDICAL AND PSYCHOLOGICAL HEALTH, AND
EDUCATIONAL, FAMILY AND SUBSTANCE ABUSE ISSUES IMMEDIATELY PRIOR TO THE
TIME THE YOUTH IS RELEASED FROM THE DIVISION FACILITIES, THE RIGHT TO
HAVE A COUNSELOR ASSIGNED TO SUPPORT THE YOUTH'S RE-ENTRY INTO THE
COMMUNITY AND THE RIGHT TO RECEIVE A MINIMUM OF TWO HOURS OF COUNSELING
PER WEEK FOR UP TO A YEAR AFTER THE YOUTH IS DISCHARGED FROM THE FACILI-
TY. ANY YOUTH WHO WAS FOUND TO HAVE SUBSTANCE ABUSE ISSUES SHALL UNDERGO
TREATMENT PROGRAMS, AS NEEDED, FOR UP TO TWO YEARS AFTER LEAVING THE
FACILITY.
(E) THE RIGHT TO SAFETY AND SECURITY SHALL INCLUDE: (I) THE RIGHT TO
BE HOUSED IN FACILITIES SEPARATE AND APART FROM FACILITIES USED TO HOUSE
ADULT INMATES OF THE JUSTICE SYSTEM. NO YOUTH IN THE JUVENILE JUSTICE
SYSTEM SHALL HAVE CONTACT WITH ADULT INMATES OF THE JUSTICE SYSTEM OR BE
HELD IN ANY PRISON OR OTHER FACILITY DESIGNATED FOR USE BY ADULT INMATES
OF THE JUSTICE SYSTEM WHEN THE FACILITY IS UTILIZED BY ADULT INMATES;
AND
(II) THE RIGHT TO HAVE ACCESS TO A COUNSELOR WHO IS NOT AFFILIATED
WITH THE DIVISION FACILITY IN WHICH THE YOUTH RESIDES OR FROM WHICH THE
YOUTH RECEIVES TREATMENT, TO HAVE ALLEGATIONS OF MISTREATMENT BY FACILI-
TY STAFF PROMPTLY INVESTIGATED AND TO HAVE A COMPLETE RECORD OF THE
INVESTIGATION AND THE DISPOSITION OF THE MATTER FILED WITH THE COMMIS-
SIONER'S OFFICE. A YOUTH SHALL BE IMMEDIATELY REMOVED FROM A DIVISION
FACILITY FOLLOWING A COMPLAINT OF ABUSE OF THE YOUTH BY FACILITY STAFF
AND SUCH YOUTH SHALL NOT BE RETURNED TO THE FACILITY WHERE THE ABUSE WAS
ALLEGED TO HAVE OCCURRED UNLESS AND UNTIL THE COMPLAINT IS INVESTIGATED
AND THE CASE IS CLOSED WITH A FINDING THAT THE ALLEGATIONS OF ABUSE WERE
FALSE. IF ABUSE WAS FOUND TO HAVE OCCURRED, THE YOUTH SHALL BE PLACED
AT A DIFFERENT DIVISION FACILITY FOR THE DURATION OF HIS OR HER TIME IN
THE JUVENILE JUSTICE SYSTEM.
S 4. This act shall take effect immediately.