NY State Senate Bill 2011-S973

Senate Bill S973

2011-2012 Legislative Session

Requires limit to maximum length of stay at residential program for victims of domestic violence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to social services
Jan 05, 2011	referred to social services

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2011-S973 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §459-b, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:: S5043

2011-S973 (ACTIVE) - Summary

Requires limit to maximum length of stay at residential program for victims of domestic violence.

2011-S973 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S973               REVISED 01/10/2011

TITLE OF BILL:
An act
to amend the social services law, in relation to residential services
for victims of domestic violence

PURPOSE:
This bill would extend the maximum amount of days victims of domestic
violence may stay in residential programs from 135 days to 180 days,
ensuring additional time for them to secure permanent housing.

DESCRIPTION:
This bill would amend the Social Services Law by amending section
459-b adding an additional clause stating that rules and regulations
regarding length of stay in residence programs for victims of
domestic violence, enforced by the Office of Children and Family
Services, should not be any time less than 180 days.

STATEMENT IN SUPPORT:
New York State is the only-state in the nation that provides welfare
based shelter programs, and to qualify, one must receive public
assistance. It has been shown that victims of domestic violence have
the highest rate of leaving public assistance than any other group,
and that these victims typically use public assistance as a means to
secure permanent housing away from their abuser - which can take as

long as a year.

Currently, domestic violence victims may not stay in residential
programs more than 90 days. under special circumstances, those in
need of emergency shelter, may stay up to an additional 45 days. In
its 2003 Annual Report to the Governor and Legislature, the Office of
Children and Family Services found an overall increase in shelter
denials to domestic violence victims and their families. Recent
studies indicate that approximately 20% of those denied are either
forced out or discharged because they stayed the maximum amount of
days legally allowed (New Destiny Housing Agency) .

In March 2005, the New York City Public Advocate released a report
detailing the many issues facing victims of domestic violence,
including housing. The report highlights the frequent situation women
often face as they are forced to leave residential programs because
they have stayed the maximum amount of days allowed by current law.
As a result, this legislation seeks to address the specific problem
of length of stay by extending the amount of time an eligible
domestic violence victim may
remain in a shelter. According to the New York State Office of
Prevention of Domestic Violence, there is only minimal additional
costs associated with housing victims for an extended period of time,
and domestic violence agencies agree that this legislation is
necessary.

LEGISLATIVE HISTORY:
Senate:
2009-10: S.5043A - Passed Senate
2008:    Referred to Social Services Committee
2006:    Referred to Social Services Committee

Assembly:
2009-10: A.455A (Jacobs) - Referred to Social Services

FISCAL IMPACT:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after becoming a law;
with provisions.

2011-S973 (ACTIVE) - Bill Text download pdf

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

                                   973

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, ADAMS, DIAZ, KRUEGER, MONTGOMERY,
  OPPENHEIMER, PERKINS, SAMPSON, SAVINO -- read twice and ordered print-
  ed, and when printed to  be  committed  to  the  Committee  on  Social
  Services

AN  ACT  to  amend  the  social services law, in relation to residential
  services for victims of domestic violence

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

  Section 1. Section 459-b of the social services law, as added by chap-
ter 169 of the laws of 1994, is amended to read as follows:
  S  459-b.  Residential  services  for victims of domestic violence. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the [department] OFFICE OF CHILDREN AND FAMILY  SERVICES,
a  social services district shall offer and provide necessary and avail-
able emergency shelter and services FOR UP TO NINETY DAYS at a  residen-
tial  program  for  victims of domestic violence to a victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance; PROVIDED, HOWEVER, THAT SUCH  LAW,  RULES  AND  REGU-
LATIONS  SHALL  PERMIT  UP TO TWO EXTENSIONS OF UP TO FORTY-FIVE DAYS OF
NECESSARY AND AVAILABLE EMERGENCY SHELTER AND SERVICES AT A  RESIDENTIAL
PROGRAM  FOR  VICTIMS  OF DOMESTIC VIOLENCE IF NEITHER THE RESIDENT, THE
SOCIAL SERVICES DISTRICT NOR THE RESIDENTIAL PROGRAM IS ABLE  TO  SECURE
ALTERNATIVE HOUSING, AS DEFINED BY REGULATION, FOR THE RESIDENT AND SUCH
HOUSING IS NECESSARY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however,  that  effective  immediately  the
commissioner of the office of children and family services is authorized
and directed to promulgate such rules and regulations as he or she deems
necessary  to  implement  the  provisions  of  this act on or before its
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04266-01-1

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