senate Bill S3180

Signed By Governor
2013-2014 Legislative Session

Amends chapter 29 of the laws of 2011 in relation to the effectiveness thereof

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Archive: Last Bill Status Via A4105 - 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
Aug 31, 2013 signed chap.335
Aug 30, 2013 delivered to governor
May 20, 2013 returned to assembly
passed senate
3rd reading cal.524
substituted for s3180
May 20, 2013 substituted by a4105
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.524
Jan 31, 2013 referred to finance

Votes

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S3180 - Bill Details

See Assembly Version of this Bill:
A4105
Law Section:
Executive
Laws Affected:
Amd §8, Chap 29 of 2011

S3180 - Bill Texts

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Extends the expiration of the provisions of chapter 29 of the laws of 2011 from September 1, 2013 to September 1, 2015.

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BILL NUMBER:S3180

TITLE OF BILL: An act to amend chapter 29 of the laws of 2011 amending
the executive law relating to the adoption of the interstate compact for
juveniles by the state of New York, in relation to the effectiveness
thereof

PURPOSE: This bill would extend the Interstate Compact for Juveniles,
which governs the management, monitoring, and supervision of juveniles,
delinquents and status offenders who are on probation or parole and the
return of those who have absconded, escaped or run away to another
state; and provide for the return of non-adjudicated juveniles who have
run away from home to another state.

SUMMARY OF PROVISIONS:

§ 1- Amends section 8 of chapter 29 of the laws of 2011 amending the
executive law relating to the adoption of the interstate compact for
juveniles by the state of New York by changing the date deemed repealed
from September 1, 2013 to September 1, 2015.

§ 2- Effective date.

JUSTIFICATION: New York and other states have entered into several
interstate compacts that coordinate state activities affecting other
states. In addition to the 1955 ICJ, these compacts include the Inter-
state Compact on the Placement of Children and the Interstate Compact
for Adult supervision. Each compact member state must enact uniform
legislation providing for joint and cooperative action among the states
regarding the subject matter of that compact.

By its terms, the New ICJ became effective in 2008 when the 35th state
enacted the new ICJ legislation. Similar to the 1955 ICJ, the primary
purpose of the New ICJ is to manage the relationship between states that
send and states that receive adjudicated juveniles and status offenders
who are on parole or probation regarding the provision of services and
supervision. The New ICJ also governs the return of a juvenile who
absconds to another state while under supervision or after being accused
of a crime. The New ICJ additionally provides for the return of a non-
adjudicated juvenile who runs away from his or her state of residence.
The New ICJ creates an Interstate Commission for Juveniles (Commission)
to oversee, supervise and coordinate the interstate movement of juve-
niles. The Commission is made up of "commissioners" who are the Compact
administrators or designees from each of the member states. Member
states pay dues for the operation and staffing of the Commission. Only
member states may vote on Commission matters, but nonmember states may
attend Commission meetings. The Commission is permanently staffed to
perform its duties.

In December of 2008, the Commission adopted by-laws for the Commission's
operation and transitional rules for the year 2009. Some topics

addressed in the 1955 Interstate Compact, such as the obligations and
allocation of costs between the sending and receiving states, are now
addressed through the Commission's rules.

New York enacted the New ICJ in 2011, but will expire in September of
2013. If New York State does not extend the New ICJ and the transition
rules are not continued, New York will no longer have an agreed-upon
process for sending and receiving juveniles for supervision, or for
returning runaways, except where the other state also is not a New ICJ
member state. In addition, as a non-member state, New York will not be
able to vote on proposed Commission rules or bylaws.

LEGISLATIVE HISTORY: New Bill. Extends Chapter 29 of 2011.

FISCAL IMPLICATIONS: ICJ member states are assessed annual dues to
support the Commission. The amount of dues is set based on the popu-
lation of the member state and the frequency of the state's use of the
ICJ. This cost may be offset by savings associated with the state being
able to take advantage of the ICJ rate for the transport of youth and
not needing to negotiate individual rates with other states.

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
________________________________________________________________________

                                  3180

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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

AN ACT to amend chapter 29 of the laws of 2011  amending  the  executive
  law  relating  to the adoption of the interstate compact for juveniles
  by the state of New York, in relation to the effectiveness thereof

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

  Section  1.  Section  8 of chapter 29 of the laws of 2011 amending the
executive law relating to the adoption of  the  interstate  compact  for
juveniles by the state of New York, is amended to read as follows:
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire September 1, [2013]  2015  when  upon
such date the provisions of this act shall be deemed repealed; provided,
however, that notwithstanding the provisions of article 5 of the general
construction  law, on September 1, [2013] 2015 the provisions of chapter
155 of the laws of 1955, as repealed by section one  of  this  act,  are
hereby  revived  and  shall  continue  in  full force and effect as such
provisions existed on June 1, 2010; provided,  further,  nothing  herein
shall  disrupt services, supervision or return of juveniles, delinquents
and status offenders  agreed  to  under  the  repealed  1955  interstate
compact on juveniles prior to such effective date, or preclude the state
of  New  York from entering into appropriate agreements with non-compact
member states for the proper supervision or return of juveniles,  delin-
quents  and status offenders who are on probation or parole and who have
absconded, escaped or run away from supervision and control  and  in  so
doing have endangered their own safety and the safety of others.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07475-01-3

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