senate Bill S3214B

2013-2014 Legislative Session

Enacts the elderly crime prevention and control trust fund act

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 3214b
amend and recommit to aging
Jan 08, 2014 referred to aging
Jun 05, 2013 reported and committed to finance
May 24, 2013 print number 3214a
amend and recommit to codes
Feb 28, 2013 reported and committed to codes
Jan 31, 2013 referred to aging

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3214 - Bill Details

See Assembly Version of this Bill:
A5558B
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add Art 3 §§301 - 308, Eld L; add §80.20, Pen L; add §420.37, CP L; add §97-llll, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2061, S6223
2009-2010: S2141A

S3214 - Bill Texts

view summary

Establishes an elderly crime prevention and control trust fund to be funded by an initial appropriation and administrative assessment penalties on persons convicted of felonies when an elderly person is a victim; provides that the fund is to be administered by the division of criminal justice services which shall give grants to organizations who will set up programs to prevent crimes against elderly persons.

view sponsor memo
BILL NUMBER:S3214

TITLE OF BILL: An act to amend the elder law, the penal law, the
criminal procedure law and the state finance law, in relation to crime
prevention and control, and providing for the repeal of such
provisions upon expiration thereof

SUMMARY:

Section 1: Establishes the elderly crime prevention and control trust
fund act, sets forth the definitions, legislative findings,
application procedures, provides the commissioner with the power to
promulgate rules and regulations, sets forth reporting requirements,
and legislative hearing requirements.

Section 2: Amends the penal law by adding a new section 80.20
establishing mandatory administrative assessments upon conviction of a
felony where an elderly person is the victim.

Section 3: Amends the criminal procedure law by adding a new section
420.37 governing the commitment of a defendant for failure to pay a
fine.

Section 4: Amends the state finance law by adding a new section
97-1111 establishing the elderly crime prevention and control trust
fund. Such fund shall consist of all money appropriated and received
as a result of mandatory administrative assessments and any other sums
payable to the fund pursuant to section 80.20 of the penal law.

Section 5: This act shall take effect immediately and shall expire
June 30, 2016 when it shall be deemed repealed.

Criminal sanction impact.

JUSTIFICATION: The steady, but no less dramatic, rise in the criminal
victimization of the elderly requires this Legislature to take
affirmative steps to ensure the physical safety and emotional
well-being of this crime-vulnerable population. This increased sense
of responsibility comes at a time when we see the traditional funding
source of elderly crime prevention, detection and enforcement programs
being redirected into tax cuts and national defense spending- This
bill seeks to develop a mechanism to meet the needs of protection for
our elderly by requiring the convicted criminal to bear larger burden
as a result of his/her actions.

By adding a mandatory fine upon conviction, and in turn segregating
these monies in a dedicated fund available principally for crime
prevention, detection and enforcement activities, this legislature can
take a major step toward reaffirming our elderly's safety.
Additionally, this concept enhances the planning and delivery
capabilities of front-line service-providers such as municipal police
departments and community-based organizations. This bill suggests that
with potential annual revenues in the $4-5 million range, a legitimate
and concerted effort can be mounted to obviate the fear and distress
that is forcing our elderly to be prisoners in their own homes.


These themes send a bold message to the criminals who prey upon the
elderly, to the police and support agencies that must deal with these
problems, and to the elderly themselves, that this scourge can, and
will, be dealt with through the full resources and commitment of this
Legislature.

FISCAL IMPLICATIONS: New revenue to the State of approximately $4.5
million.

LEGISLATIVE HISTORY: 2011-12: S.6223 - Referred to Aging 2009-10:
S.2061 - Referred to Aging

EFFECTIVE DATE: Immediately, with provisions.

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

                                  3214

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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

AN ACT to amend the elder law, the penal law, the criminal procedure law
  and the state  finance  law,  in  relation  to  crime  prevention  and
  control,  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1. The elder law is amended by adding a new article 3 to read
as follows:
                                ARTICLE III
           ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT
SECTION 301. SHORT TITLE.
        302. LEGISLATIVE FINDING AND DECLARATION.
        303. DEFINITIONS.
        304. ADMINISTRATION OF TRUST FUND.
        305. APPLICATION PROCEDURES.
        306. RULES AND REGULATIONS.
        307. REPORTING.
        308. LEGISLATIVE HEARINGS.
  S 301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT".
  S  302.  LEGISLATIVE  FINDING  AND  DECLARATION. THIS LEGISLATURE DOES
HEREBY FIND AND DECLARE THAT THE ELDERLY POPULATION OF THIS STATE, WHICH
FOR THE PURPOSES OF THIS ARTICLE IS DEFINED AS INDIVIDUALS OVER THE  AGE
OF SIXTY-TWO YEARS, IS UNIQUELY VULNERABLE TO ACTUAL AND POTENTIAL CRIM-
INAL VICTIMIZATION BY VIRTUE OF PHYSICAL FRAILTY, CONCENTRATIONS IN HIGH
RISK URBAN NEIGHBORHOODS, AND SOCIO-ECONOMIC HOUSEHOLD FACTORS ADVERTIS-
ING  SENIORS  AS  HIGH VISIBILITY CRIME TARGETS. THIS HEIGHTENED VULNER-
ABILITY ACTS AS A PRECURSOR FOR A GENERALIZED AND DEBILITATING SENSE  OF
FEAR  WHICH  IMPACTS  ON MOBILITY, CONCEPTS OF SELF-WORTH, AND ISOLATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06979-01-3

S. 3214                             2

FROM THE LARGER SOCIETY. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT
ON THE BASIS OF AVAILABLE DEMOGRAPHIC  INFORMATION,  THE  ELDERLY  POPU-
LATION  OF  THIS  STATE WILL CONTINUE TO EXPAND, THUS REQUIRING THAT THE
PROBLEM  OF CRIMINAL VICTIMIZATION OF THE ELDERLY BE A FOCUS OF CONTINU-
ING AND PARAMOUNT CONCERN. THIS LEGISLATURE FURTHER FINDS THAT  ALTHOUGH
THE  STATE'S COMMITMENT OF GENERAL REVENUE FUNDS TO THE CRIMINAL JUSTICE
SYSTEM HAS  INCREASED  NEARLY  THREE-FOLD  IN  THE  PAST  DECADE,  CRIME
PREVENTION  AND  CONTROL  ACTIVITIES  TARGETED TO OUR ELDERLY POPULATION
HAVE BEEN WEDDED TO MONEYS ORIGINATING WITHIN THE FEDERAL SYSTEM.  ADDI-
TIONALLY, STATISTICAL TRENDS IN THE CRIMINAL VICTIMIZATION OF THE ELDER-
LY  PROMISE  A  CONTINUED  ESCALATION  IN  SEEMINGLY RAMPANT CRIME RATES
DESPITE THE BEST EFFORTS OF LAW ENFORCEMENT AND COMMUNITY  BASED  ORGAN-
IZATIONS.  THESE FINDINGS, COUPLED WITH THE PHILOSOPHIC SHIFTS OCCURRING
ON  A  NATIONAL  LEVEL,  MANDATE  THAT RESPONSIBILITY FOR THE SAFETY AND
WELL-BEING OF ELDERLY CITIZENS RESTS PRINCIPALLY WITH THIS  LEGISLATURE.
IN  RESPONSE  TO  THAT OBLIGATION, THIS LEGISLATURE DOES HEREBY  DECLARE
AND ENDORSE THE ESTABLISHMENT OF AN EXCLUSIVE DEDICATED  REVENUE  SOURCE
FOR  THE  OPERATION  AND MAINTENANCE OF CRIME PREVENTION, DETECTION, AND
ENFORCEMENT ACTIVITIES FOR THE SOLE BENEFIT OF ELDERLY CITIZENS IN  THIS
STATE.
  S 303. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "ELDERLY PERSON" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
  2.  "COMMISSIONER" MEANS THE CHIEF ADMINISTRATIVE OFFICER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
  3. "GRANT RECIPIENT" MEANS ANY LOCAL GOVERNMENT, TO INCLUDE ANY  TOWN,
CITY,  OR COUNTY WITH A POPULATION IN EXCESS OF ONE HUNDRED THOUSAND, OR
COMBINATION THEREOF, OR ANY LOCAL GOVERNMENT AGENCY THAT  ADMINISTERS  A
CRIME  PREVENTION,  DETECTION OR ENFORCEMENT PROGRAM PRINCIPALLY FOR THE
BENEFIT OF ELDERLY PERSONS.
  S 304. ADMINISTRATION OF TRUST FUND. THE ELDERLY CRIME PREVENTION  AND
CONTROL TRUST FUND, WHICH IS ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
EN-LLLL  OF  THE  STATE FINANCE LAW SHALL BE ADMINISTERED AND SUPERVISED
UNDER THE DIRECTION OF THE COMMISSIONER PURSUANT TO THIS ARTICLE, AND IT
SHALL BE FOR THE ESTABLISHMENT  AND  CONTINUANCE  OF  CRIME  PREVENTION,
DETECTION   OR  ENFORCEMENT  PROGRAMS  PRINCIPALLY  BENEFITTING  ELDERLY
PERSONS.
  S 305. APPLICATION PROCEDURES. FUNDS APPROPRIATED OR AVAILABLE FOR THE
PURPOSES OF THIS ARTICLE MAY BE ALLOCATED FOR THE PURPOSE OF  DESIGNING,
EXPANDING,  OR IMPLEMENTING INTERACTIVE CRIME PREVENTION, DETECTION, AND
ENFORCEMENT ACTIVITIES THAT PRINCIPALLY ENHANCE  THE  SAFETY,  MOBILITY,
PHYSICAL  SECURITY  AND  EMOTIONAL  WELL-BEING  OF  ELDERLY  PERSONS  AS
PROPOSED BY GRANT RECIPIENTS.
  1. GRANT RECIPIENTS SHALL BE SELECTED BY THE COMMISSIONER FROM  APPLI-
CATIONS SUBMITTED.
  2.  THE DIRECTOR SHALL REQUIRE THAT APPLICATIONS SUBMITTED FOR FUNDING
INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
  (A) THE COST OF EACH PROPOSED PROGRAM INCLUDING THE  PROPOSED  COMPEN-
SATION OF EMPLOYEES AND PURCHASE OF SUPPORT SERVICES AND HARDWARE;
  (B)  A DESCRIPTION OF THE PROPOSED COMMUNITY AREA OF SERVICE AND OTHER
CHARACTERISTICS AS DETERMINED BY THE COMMISSIONER;
  (C) A PROGRAM GOAL TO BE ACHIEVED AND AN ASSESSMENT STANDARD MEASURING
ACHIEVEMENT OF THAT GOAL;
  (D) AN ENDORSEMENT OF THE CHIEF ADMINISTRATIVE OFFICER OF THE LOCALITY
IN WHICH THE GRANT RECIPIENT PROPOSES TO OPERATE A  PROGRAM,  THAT  SAID
PROGRAM  IS  IN  CONGRUENCE  WITH  OVERALL  EFFORTS  OF THAT LOCALITY IN

S. 3214                             3

CONTROLLING, CONTAINING OR REDUCING THE CRIMINAL VICTIMIZATION OF ELDER-
LY PERSONS;
  (E) SUCH ADDITIONAL INFORMATION AS IS DETERMINED TO BE RELEVANT BY THE
COMMISSIONER OR THE LEGISLATURE.
  S  306. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS TO EFFECTUATE THE PURPOSES OF  THIS  ARTICLE,  INCLUDING
BUT NOT LIMITED TO:
  1.  PROVISIONS  FOR PERIODIC MONITORING AND EVALUATION OF EACH PROGRAM
AWARDED A GRANT RECIPIENT;
  2. PROVISIONS THAT LIMIT THE EXPENDITURE OF FUNDS  FOR  ADMINISTRATIVE
PURPOSES  TO  FIFTY PER CENTUM OF THE GRANT AWARD; PROVIDED, HOWEVER, IF
THE LOCAL GOVERNMENT, LOCAL GOVERNMENT AGENCY, OR COMMUNITY BASED ORGAN-
IZATION SHALL MATCH THE STATE GRANT AWARD WITH  EQUAL  LOCAL  RESOURCES,
SEVENTY-FIVE PER CENTUM MAY BE USED FOR ADMINISTRATIVE PURPOSES;
  3.  PROVISIONS THAT GRANTS AWARDED TO LOCAL GOVERNMENTS, LOCAL GOVERN-
MENT AGENCIES, OR COMMUNITY BASED ORGANIZATIONS SHALL NOT, EXCEPT IN THE
FIRST YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, EXCEED ONE  HUNDRED
TWENTY-FIVE PER CENTUM OF THE PREVIOUS CALENDAR YEAR MONEYS DERIVED FROM
MANDATORY  ADMINISTRATIVE ASSESSMENTS DERIVED FROM CONVICTIONS IN COURTS
OF COMPETENT JURISDICTION LOCATED WHOLLY WITHIN THE COUNTY OF ORIGIN  OF
THE  GRANT RECIPIENT; PROVIDED, HOWEVER, THAT CONVICTIONS ARISING IN THE
SUPREME COURT SHALL BE CREDITED TO THE  COUNTY  IN  WHICH  THE  ORIGINAL
ARREST OCCURRED.
  S  307.  REPORTING.  GRANT  RECIPIENTS  SHALL  BI-ANNUALLY PROVIDE THE
COMMISSIONER SUCH DATA AS  TO  REASONABLY  REFLECT  THE  FUNDED  PROGRAM
ACTIVITIES  FOR THE INCLUSIVE PERIOD OF JANUARY FIRST THROUGH JUNE THIR-
TIETH, AND JULY FIRST THROUGH DECEMBER  THIRTY-FIRST  OF  EACH  CALENDAR
YEAR IN WHICH FUND MONEYS ARE RECEIVED AND EXPENDED. 1. THE COMMISSIONER
SHALL ANNUALLY REPORT TO THE APPROPRIATE COMMITTEES OF THE LEGISLATURE:
  (A)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS RECEIVED AND FUNDING LEVEL SOUGHT;
  (B) THE NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL  GRANT  APPLICA-
TIONS APPROVED;
  (C)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS DENIED AND A BRIEF EXPLANATION FOR THE BASIS OF DENIAL.
  2. AN ANNUAL REPORT FOR PUBLIC DISTRIBUTION DETAILING  THE  ACTIVITIES
AND  ACCOMPLISHMENTS  OF  PROGRAMS  FUNDED  UNDER THE PROVISIONS OF THIS
ARTICLE SHALL ALSO BE SUBMITTED.
  S 308. LEGISLATIVE HEARINGS. THE LEGISLATURE  SHALL  ANNUALLY  CONDUCT
PUBLIC  HEARINGS  ON  THE  PROPOSED  USE AND DISTRIBUTION OF FUNDS TO BE
PROVIDED UNDER THIS ARTICLE. 1.  THE  COMMISSIONER  SHALL  CAUSE  TO  BE
PREPARED  A DETAILED PLAN, FOR SUBMISSION TO THE APPROPRIATE LEGISLATIVE
COMMITTEES, PROJECTING:
  (A) ANTICIPATED REVENUES AVAILABLE  UNDER  THIS  TRUST  FUND  FOR  THE
FORTHCOMING STATE FISCAL YEAR;
  (B)  UNEXPENDED  FUNDS  FROM THE CURRENT STATE FISCAL YEAR OPERATIONS;
AND
  (C) ENCUMBERED AND CONTRACTED FUNDS  FROM  THE  CURRENT  STATE  FISCAL
YEAR.
  2.  ON  THE  BASIS  OF  THE  PLAN SUBMITTED BY THE COMMISSIONER, JOINT
LEGISLATIVE COMMITTEE HEARINGS SHALL BE CONDUCTED AT  THE  PLEASURE  AND
CONVENIENCE OF THE APPROPRIATE COMMITTEE CHAIRPERSONS.
  3.  EXPENSES  ATTENDANT  TO LEGISLATIVE HEARINGS CONDUCTED PURSUANT TO
THIS ARTICLE  SHALL  BE  BORNE  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.

S. 3214                             4

  S 2. The penal law is amended by adding a new section 80.20 to read as
follows:
S 80.20 MANDATORY ADMINISTRATIVE ASSESSMENTS REQUIRED UPON CONVICTION OF
          A FELONY WHERE AN ELDERLY PERSON IS A VICTIM.
  1.  FOR  PURPOSES  OF  THIS  SECTION  "ELDERLY  PERSON" MEANS A PERSON
SIXTY-TWO YEARS OF AGE OR OLDER.
  2. EVERY PERSON CONVICTED OF A FELONY INVOLVING A  VICTIM  WHO  IS  AN
ELDERLY  PERSON SHALL, IN ADDITION TO ANY SENTENCE IMPOSED BY THE COURT,
PAY A MANDATORY ADMINISTRATIVE ASSESSMENT OF TWO HUNDRED DOLLARS.
  3. A PERSON CONVICTED AND SUBJECT TO THE PROVISIONS SET FORTH IN  THIS
ARTICLE  SHALL  PAY THE MANDATORY ADMINISTRATIVE ASSESSMENT TO THE CLERK
OF THE COURT THAT RENDERED THE CONVICTION. EACH MANDATORY ADMINISTRATIVE
ASSESSMENT COLLECTED BY THE CLERK SHALL BE PAID OVER TO THE STATE  COMP-
TROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION NINETY-SEVEN-LLLL OF
THE STATE FINANCE LAW.
  4. WHEN A PERSON IS CONVICTED OF A FELONY INVOLVING A VICTIM WHO IS AN
ELDERLY PERSON, THE MANDATORY ADMINISTRATIVE ASSESSMENT SHALL BE PAID TO
THE  STATE COMPTROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION NINE-
TY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  5. FOR THE PURPOSES OF THIS SECTION, ADJUDICATION AS A YOUTHFUL OFFEN-
DER SHALL NOT EXEMPT A PERSON FROM THE PROVISIONS OF THIS SECTION.
  6. THE CLERK OF THE COURT, WHEREIN THE CONVICTION OCCURRED,  RESULTING
IN A MANDATORY ADMINISTRATIVE ASSESSMENT BEING COLLECTED, SHALL BE ENTI-
TLED,  ON  BEHALF  OF  THE COURT, TO RETAIN A FEE NOT TO EXCEED FIVE PER
CENTUM OF THE MANDATORY ADMINISTRATIVE ASSESSMENT.
  S 3. The criminal procedure law is amended by  adding  a  new  section
420.37 to read as follows:
S 420.37 MANDATORY    ADMINISTRATIVE   ASSESSMENTS;   APPLICABILITY   TO
           SENTENCES MANDATING PAYMENT OF FINES.
  THE PROVISIONS OF SECTION 430.20 OF THIS TITLE GOVERNING  THE  COMMIT-
MENT  OF  A  DEFENDANT  FOR FAILURE TO PAY A FINE SHALL BE APPLICABLE TO
MANDATORY ADMINISTRATIVE ASSESSMENTS IMPOSED PURSUANT TO  SECTION  80.20
OF THE PENAL LAW.
  S  4. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND.  1.  THERE
IS  HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL
FUND TO BE KNOWN AS THE "ELDERLY  CRIME  PREVENTION  AND  CONTROL  TRUST
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSES
OF  SUCH FUND, AND ALL MONEYS RECEIVED AS A RESULT OF MANDATORY ADMINIS-
TRATIVE ASSESSMENTS AND ANY OTHER SUMS PAYABLE TO THE FUND  PURSUANT  TO
SECTION 80.20 OF THE PENAL LAW.
  3. MONEYS OF THE ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND, WHEN
ALLOCATED,  SHALL  BE  AVAILABLE  TO  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES FOR  THE  PURPOSES  OF  ADMINISTERING  AND  FUNDING  ACTIVITIES
RELATED  TO  THE PREVENTION AND CONTROL OF CRIMINAL VICTIMIZATION OF THE
ELDERLY PURSUANT TO THE PROVISIONS OF ARTICLE THREE OF THE ELDER LAW.
  4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
MONEYS  SHALL BE AVAILABLE FROM THE ELDERLY CRIME PREVENTION AND CONTROL
TRUST FUND UNTIL A CERTIFICATE OF ALLOCATION AND A SCHEDULE  OF  AMOUNTS
TO  BE  AVAILABLE THEREFOR SHALL HAVE BEEN ISSUED BY THE DIRECTOR OF THE
BUDGET, UPON THE RECOMMENDATION OF THE COMMISSIONER OF THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES AND A COPY OF SUCH CERTIFICATE FILED WITH THE
COMPTROLLER, THE CHAIRPERSON OF THE SENATE  FINANCE  COMMITTEE  AND  THE
CHAIRPERSON  OF  THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH CERTIFICATE

S. 3214                             5

MAY BE AMENDED FROM TIME TO TIME BY THE DIRECTOR OF THE BUDGET, UPON THE
RECOMMENDATION OF THE COMMISSIONER OF THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES AND A COPY OF EACH SUCH AMENDMENT SHALL BE FILED WITH THE COMP-
TROLLER,  THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  5. THE MONEYS, WHEN ALLOCATED, SHALL BE PAID OUT OF THE  FUND  ON  THE
AUDIT  AND  WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED
BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  OR  BY
AN  OFFICER  OR  EMPLOYEE  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES
DESIGNATED BY THE COMMISSIONER.
  S 5.  This act shall take effect immediately and shall expire June 30,
2016 when upon such date the provisions of  this  act  shall  be  deemed
repealed.

Co-Sponsors

S3214A - Bill Details

See Assembly Version of this Bill:
A5558B
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add Art 3 §§301 - 308, Eld L; add §80.20, Pen L; add §420.37, CP L; add §97-llll, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2061, S6223
2009-2010: S2141A

S3214A - Bill Texts

view summary

Establishes an elderly crime prevention and control trust fund to be funded by an initial appropriation and administrative assessment penalties on persons convicted of felonies when an elderly person is a victim; provides that the fund is to be administered by the division of criminal justice services which shall give grants to organizations who will set up programs to prevent crimes against elderly persons.

view sponsor memo
BILL NUMBER:S3214A

TITLE OF BILL:
An act
to amend the elder law, the penal law, the criminal procedure
law and the state finance law, in
relation to crime prevention and control,
and providing for the
repeal of such provisions upon expiration thereof

SUMMARY:

Section 1: Establishes the elderly crime prevention and control trust
fund act, sets forth the definitions, legislative findings,
application procedures, provides the commissioner with the power to
promulgate rules and regulations, sets forth reporting requirements,
and legislative hearing requirements.

Section 2: Amends the penal law by adding a new section 80.20
establishing mandatory administrative assessments upon conviction of
a felony where an elderly person is the victim.

Section 3: Amends the criminal procedure law by adding a new section
420.37 governing the commitment of a defendant for failure to pay a
fine.

Section 4: Amends the state finance law by adding a new section
97-1111 establishing the elderly crime prevention and control trust
fund. Such fund shall consist of all money appropriated and received
as a result of mandatory administrative assessments and any other
sums payable to the fund pursuant to section 80.20 of the penal law.

Section 5: This act shall take effect immediately and shall expire
June 30, 2016 when it shall be deemed repealed.
Criminal sanction impact.

JUSTIFICATION:
The steady, but no less dramatic, rise in the criminal victimization
of the elderly requires this Legislature to take affirmative steps to
ensure the physical safety and emotional well-being of this
crime-vulnerable population. This increased sense of responsibility
comes at a time when we see the traditional funding source of elderly
crime prevention, detection and enforcement programs being redirected
into tax cuts and national defense spending. This bill seeks to
develop a mechanism to meet the needs of protection for our elderly
by requiring the convicted criminal to bear larger burden as a result
of his/her actions.

By adding a mandatory fine upon conviction, and in turn segregating
these monies in a dedicated fund available principally for crime
prevention, detection and enforcement activities, this legislature can
take a major step toward reaffirming our elderly's safety.

Additionally, this concept enhances the planning and delivery
capabilities of front-line service-providers such as municipal police
departments and community-based organizations. This bill suggests
that with potential annual revenues in the $4-5 million range, a


legitimate and concerted effort can be mounted to obviate the fear
and distress that is forcing our elderly to be prisoners in their own
homes.

These themes send a bold message to the criminals who prey upon the
elderly, to the police and support agencies that must deal with these
problems, and to the elderly themselves, that this scourge can, and
will, be dealt with through the full resources and commitment of this
Legislature.

FISCAL IMPLICATIONS:
New revenue to the State of approximately $4.5 million.

LEGISLATIVE HISTORY:
2011-12: S.6223 - Referred to Aging
2009-10: S.2061 - Referred to Aging

EFFECTIVE DATE:
Immediately, with provisions.

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

                                 3214--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced by Sens. PARKER, ADAMS -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Aging -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the elder law, the penal law, the criminal procedure law
  and the state  finance  law,  in  relation  to  crime  prevention  and
  control,  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1. The elder law is amended by adding a new article 3 to read
as follows:
                                ARTICLE III
           ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT
SECTION 301. SHORT TITLE.
        302. LEGISLATIVE FINDING AND DECLARATION.
        303. DEFINITIONS.
        304. ADMINISTRATION OF TRUST FUND.
        305. APPLICATION PROCEDURES.
        306. RULES AND REGULATIONS.
        307. REPORTING.
        308. LEGISLATIVE HEARINGS.
  S 301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT".
  S  302.  LEGISLATIVE  FINDING  AND  DECLARATION. THIS LEGISLATURE DOES
HEREBY FIND AND DECLARE THAT THE ELDERLY POPULATION OF THIS STATE, WHICH
FOR THE PURPOSES OF THIS ARTICLE IS DEFINED AS INDIVIDUALS OVER THE  AGE
OF SIXTY-TWO YEARS, IS UNIQUELY VULNERABLE TO ACTUAL AND POTENTIAL CRIM-
INAL VICTIMIZATION BY VIRTUE OF PHYSICAL FRAILTY, CONCENTRATIONS IN HIGH
RISK URBAN NEIGHBORHOODS, AND SOCIO-ECONOMIC HOUSEHOLD FACTORS ADVERTIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06979-02-3

S. 3214--A                          2

ING  SENIORS  AS  HIGH VISIBILITY CRIME TARGETS. THIS HEIGHTENED VULNER-
ABILITY ACTS AS A PRECURSOR FOR A GENERALIZED AND DEBILITATING SENSE  OF
FEAR  WHICH  IMPACTS  ON MOBILITY, CONCEPTS OF SELF-WORTH, AND ISOLATION
FROM THE LARGER SOCIETY. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT
ON  THE  BASIS  OF  AVAILABLE DEMOGRAPHIC INFORMATION, THE ELDERLY POPU-
LATION OF THIS STATE WILL CONTINUE TO EXPAND, THUS  REQUIRING  THAT  THE
PROBLEM  OF CRIMINAL VICTIMIZATION OF THE ELDERLY BE A FOCUS OF CONTINU-
ING AND PARAMOUNT CONCERN. THIS LEGISLATURE FURTHER FINDS THAT  ALTHOUGH
THE  STATE'S COMMITMENT OF GENERAL REVENUE FUNDS TO THE CRIMINAL JUSTICE
SYSTEM HAS  INCREASED  NEARLY  THREE-FOLD  IN  THE  PAST  DECADE,  CRIME
PREVENTION  AND  CONTROL  ACTIVITIES  TARGETED TO OUR ELDERLY POPULATION
HAVE BEEN WEDDED TO MONEYS ORIGINATING WITHIN THE FEDERAL SYSTEM.  ADDI-
TIONALLY, STATISTICAL TRENDS IN THE CRIMINAL VICTIMIZATION OF THE ELDER-
LY  PROMISE  A  CONTINUED  ESCALATION  IN  SEEMINGLY RAMPANT CRIME RATES
DESPITE THE BEST EFFORTS OF LAW ENFORCEMENT AND COMMUNITY  BASED  ORGAN-
IZATIONS.  THESE FINDINGS, COUPLED WITH THE PHILOSOPHIC SHIFTS OCCURRING
ON  A  NATIONAL  LEVEL,  MANDATE  THAT RESPONSIBILITY FOR THE SAFETY AND
WELL-BEING OF ELDERLY CITIZENS RESTS PRINCIPALLY WITH THIS  LEGISLATURE.
IN  RESPONSE  TO  THAT OBLIGATION, THIS LEGISLATURE DOES HEREBY  DECLARE
AND ENDORSE THE ESTABLISHMENT OF AN EXCLUSIVE DEDICATED  REVENUE  SOURCE
FOR  THE  OPERATION  AND MAINTENANCE OF CRIME PREVENTION, DETECTION, AND
ENFORCEMENT ACTIVITIES FOR THE SOLE BENEFIT OF ELDERLY CITIZENS IN  THIS
STATE.
  S 303. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "ELDERLY PERSON" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
  2.  "COMMISSIONER" MEANS THE CHIEF ADMINISTRATIVE OFFICER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
  3. "GRANT RECIPIENT" MEANS ANY LOCAL GOVERNMENT, TO INCLUDE ANY  TOWN,
CITY, OR COUNTY, OR ANY LOCAL GOVERNMENT AGENCY THAT ADMINISTERS A CRIME
PREVENTION, DETECTION OR ENFORCEMENT PROGRAM PRINCIPALLY FOR THE BENEFIT
OF ELDERLY PERSONS.
  S  304. ADMINISTRATION OF TRUST FUND. THE ELDERLY CRIME PREVENTION AND
CONTROL TRUST FUND, WHICH IS ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
EN-LLLL OF THE STATE FINANCE LAW SHALL BE  ADMINISTERED  AND  SUPERVISED
UNDER THE DIRECTION OF THE COMMISSIONER PURSUANT TO THIS ARTICLE, AND IT
SHALL  BE  FOR  THE  ESTABLISHMENT  AND CONTINUANCE OF CRIME PREVENTION,
DETECTION  OR  ENFORCEMENT  PROGRAMS  PRINCIPALLY  BENEFITTING   ELDERLY
PERSONS.
  S 305. APPLICATION PROCEDURES. FUNDS APPROPRIATED OR AVAILABLE FOR THE
PURPOSES  OF THIS ARTICLE MAY BE ALLOCATED FOR THE PURPOSE OF DESIGNING,
EXPANDING, OR IMPLEMENTING INTERACTIVE CRIME PREVENTION, DETECTION,  AND
ENFORCEMENT  ACTIVITIES  THAT  PRINCIPALLY ENHANCE THE SAFETY, MOBILITY,
PHYSICAL  SECURITY  AND  EMOTIONAL  WELL-BEING  OF  ELDERLY  PERSONS  AS
PROPOSED BY GRANT RECIPIENTS.
  1.  GRANT RECIPIENTS SHALL BE SELECTED BY THE COMMISSIONER FROM APPLI-
CATIONS SUBMITTED.
  2. THE DIRECTOR SHALL REQUIRE THAT APPLICATIONS SUBMITTED FOR  FUNDING
INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
  (A)  THE  COST OF EACH PROPOSED PROGRAM INCLUDING THE PROPOSED COMPEN-
SATION OF EMPLOYEES AND PURCHASE OF SUPPORT SERVICES AND HARDWARE;
  (B) A DESCRIPTION OF THE PROPOSED COMMUNITY AREA OF SERVICE AND  OTHER
CHARACTERISTICS AS DETERMINED BY THE COMMISSIONER;
  (C) A PROGRAM GOAL TO BE ACHIEVED AND AN ASSESSMENT STANDARD MEASURING
ACHIEVEMENT OF THAT GOAL;
  (D) AN ENDORSEMENT OF THE CHIEF ADMINISTRATIVE OFFICER OF THE LOCALITY
IN  WHICH  THE  GRANT RECIPIENT PROPOSES TO OPERATE A PROGRAM, THAT SAID

S. 3214--A                          3

PROGRAM IS IN CONGRUENCE  WITH  OVERALL  EFFORTS  OF  THAT  LOCALITY  IN
CONTROLLING, CONTAINING OR REDUCING THE CRIMINAL VICTIMIZATION OF ELDER-
LY PERSONS;
  (E) SUCH ADDITIONAL INFORMATION AS IS DETERMINED TO BE RELEVANT BY THE
COMMISSIONER OR THE LEGISLATURE.
  S  306. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS TO EFFECTUATE THE PURPOSES OF  THIS  ARTICLE,  INCLUDING
BUT NOT LIMITED TO:
  1.  PROVISIONS  FOR PERIODIC MONITORING AND EVALUATION OF EACH PROGRAM
AWARDED A GRANT RECIPIENT;
  2. PROVISIONS THAT LIMIT THE EXPENDITURE OF FUNDS  FOR  ADMINISTRATIVE
PURPOSES  TO  FIFTY PER CENTUM OF THE GRANT AWARD; PROVIDED, HOWEVER, IF
THE LOCAL GOVERNMENT, LOCAL GOVERNMENT AGENCY, OR COMMUNITY BASED ORGAN-
IZATION SHALL MATCH THE STATE GRANT AWARD WITH  EQUAL  LOCAL  RESOURCES,
SEVENTY-FIVE PER CENTUM MAY BE USED FOR ADMINISTRATIVE PURPOSES.
  S  307.  REPORTING.  GRANT  RECIPIENTS  SHALL  BI-ANNUALLY PROVIDE THE
COMMISSIONER SUCH DATA AS  TO  REASONABLY  REFLECT  THE  FUNDED  PROGRAM
ACTIVITIES  FOR THE INCLUSIVE PERIOD OF JANUARY FIRST THROUGH JUNE THIR-
TIETH, AND JULY FIRST THROUGH DECEMBER  THIRTY-FIRST  OF  EACH  CALENDAR
YEAR IN WHICH FUND MONEYS ARE RECEIVED AND EXPENDED. 1. THE COMMISSIONER
SHALL ANNUALLY REPORT TO THE APPROPRIATE COMMITTEES OF THE LEGISLATURE:
  (A)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS RECEIVED AND FUNDING LEVEL SOUGHT;
  (B) THE NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL  GRANT  APPLICA-
TIONS APPROVED;
  (C)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS DENIED AND A BRIEF EXPLANATION FOR THE BASIS OF DENIAL.
  2. AN ANNUAL REPORT FOR PUBLIC DISTRIBUTION DETAILING  THE  ACTIVITIES
AND  ACCOMPLISHMENTS  OF  PROGRAMS  FUNDED  UNDER THE PROVISIONS OF THIS
ARTICLE SHALL ALSO BE SUBMITTED.
  S 308. LEGISLATIVE HEARINGS. THE LEGISLATURE  SHALL  ANNUALLY  CONDUCT
PUBLIC  HEARINGS  ON  THE  PROPOSED  USE AND DISTRIBUTION OF FUNDS TO BE
PROVIDED UNDER THIS ARTICLE. 1.  THE  COMMISSIONER  SHALL  CAUSE  TO  BE
PREPARED  A DETAILED PLAN, FOR SUBMISSION TO THE APPROPRIATE LEGISLATIVE
COMMITTEES, PROJECTING:
  (A) ANTICIPATED REVENUES AVAILABLE  UNDER  THIS  TRUST  FUND  FOR  THE
FORTHCOMING STATE FISCAL YEAR;
  (B)  UNEXPENDED  FUNDS  FROM THE CURRENT STATE FISCAL YEAR OPERATIONS;
AND
  (C) ENCUMBERED AND CONTRACTED FUNDS  FROM  THE  CURRENT  STATE  FISCAL
YEAR.
  2.  ON  THE  BASIS  OF  THE  PLAN SUBMITTED BY THE COMMISSIONER, JOINT
LEGISLATIVE COMMITTEE HEARINGS SHALL BE CONDUCTED AT  THE  PLEASURE  AND
CONVENIENCE OF THE APPROPRIATE COMMITTEE CHAIRPERSONS.
  3.  EXPENSES  ATTENDANT  TO LEGISLATIVE HEARINGS CONDUCTED PURSUANT TO
THIS ARTICLE  SHALL  BE  BORNE  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  S 2. The penal law is amended by adding a new section 80.20 to read as
follows:
S 80.20 MANDATORY ADMINISTRATIVE ASSESSMENTS REQUIRED UPON CONVICTION OF
          A FELONY WHERE AN ELDERLY PERSON IS A VICTIM.
  1.  FOR  PURPOSES  OF  THIS  SECTION  "ELDERLY  PERSON" MEANS A PERSON
SIXTY-TWO YEARS OF AGE OR OLDER.
  2. EVERY PERSON CONVICTED OF A FELONY INVOLVING A  VICTIM  WHO  IS  AN
ELDERLY  PERSON SHALL, IN ADDITION TO ANY SENTENCE IMPOSED BY THE COURT,
PAY A MANDATORY ADMINISTRATIVE ASSESSMENT OF TWO HUNDRED DOLLARS.

S. 3214--A                          4

  3. A PERSON CONVICTED AND SUBJECT TO THE PROVISIONS SET FORTH IN  THIS
ARTICLE  SHALL  PAY THE MANDATORY ADMINISTRATIVE ASSESSMENT TO THE CLERK
OF THE COURT THAT RENDERED THE CONVICTION. EACH MANDATORY ADMINISTRATIVE
ASSESSMENT COLLECTED BY THE CLERK SHALL BE PAID OVER TO THE STATE  COMP-
TROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION NINETY-SEVEN-LLLL OF
THE STATE FINANCE LAW.
  4. WHEN A PERSON IS CONVICTED OF A FELONY INVOLVING A VICTIM WHO IS AN
ELDERLY PERSON, THE MANDATORY ADMINISTRATIVE ASSESSMENT SHALL BE PAID TO
THE  STATE COMPTROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION NINE-
TY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  5. FOR THE PURPOSES OF THIS SECTION, ADJUDICATION AS A YOUTHFUL OFFEN-
DER SHALL NOT EXEMPT A PERSON FROM THE PROVISIONS OF THIS SECTION.
  6. THE CLERK OF THE COURT, WHEREIN THE CONVICTION OCCURRED,  RESULTING
IN A MANDATORY ADMINISTRATIVE ASSESSMENT BEING COLLECTED, SHALL BE ENTI-
TLED,  ON  BEHALF  OF  THE COURT, TO RETAIN A FEE NOT TO EXCEED FIVE PER
CENTUM OF THE MANDATORY ADMINISTRATIVE ASSESSMENT.
  S 3. The criminal procedure law is amended by  adding  a  new  section
420.37 to read as follows:
S 420.37 MANDATORY    ADMINISTRATIVE   ASSESSMENTS;   APPLICABILITY   TO
           SENTENCES MANDATING PAYMENT OF FINES.
  THE PROVISIONS OF SECTION 430.20 OF THIS TITLE GOVERNING  THE  COMMIT-
MENT  OF  A  DEFENDANT  FOR FAILURE TO PAY A FINE SHALL BE APPLICABLE TO
MANDATORY ADMINISTRATIVE ASSESSMENTS IMPOSED PURSUANT TO  SECTION  80.20
OF THE PENAL LAW.
  S  4. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND.  1.  THERE
IS  HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL
FUND TO BE KNOWN AS THE "ELDERLY  CRIME  PREVENTION  AND  CONTROL  TRUST
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSES
OF  SUCH FUND, AND ALL MONEYS RECEIVED AS A RESULT OF MANDATORY ADMINIS-
TRATIVE ASSESSMENTS AND ANY OTHER SUMS PAYABLE TO THE FUND  PURSUANT  TO
SECTION 80.20 OF THE PENAL LAW.
  3. MONEYS OF THE ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND, WHEN
ALLOCATED,  SHALL  BE  AVAILABLE  TO  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES FOR  THE  PURPOSES  OF  ADMINISTERING  AND  FUNDING  ACTIVITIES
RELATED  TO  THE PREVENTION AND CONTROL OF CRIMINAL VICTIMIZATION OF THE
ELDERLY PURSUANT TO THE PROVISIONS OF ARTICLE THREE OF THE ELDER LAW.
  4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
MONEYS  SHALL BE AVAILABLE FROM THE ELDERLY CRIME PREVENTION AND CONTROL
TRUST FUND UNTIL A CERTIFICATE OF ALLOCATION AND A SCHEDULE  OF  AMOUNTS
TO  BE  AVAILABLE THEREFOR SHALL HAVE BEEN ISSUED BY THE DIRECTOR OF THE
BUDGET, UPON THE RECOMMENDATION OF THE COMMISSIONER OF THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES AND A COPY OF SUCH CERTIFICATE FILED WITH THE
COMPTROLLER, THE CHAIRPERSON OF THE SENATE  FINANCE  COMMITTEE  AND  THE
CHAIRPERSON  OF  THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH CERTIFICATE
MAY BE AMENDED FROM TIME TO TIME BY THE DIRECTOR OF THE BUDGET, UPON THE
RECOMMENDATION OF THE COMMISSIONER OF THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES AND A COPY OF EACH SUCH AMENDMENT SHALL BE FILED WITH THE COMP-
TROLLER,  THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  5. THE MONEYS, WHEN ALLOCATED, SHALL BE PAID OUT OF THE  FUND  ON  THE
AUDIT  AND  WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED
BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  OR  BY

S. 3214--A                          5

AN  OFFICER  OR  EMPLOYEE  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES
DESIGNATED BY THE COMMISSIONER.
  S 5.  This act shall take effect immediately and shall expire June 30,
2016  when  upon  such  date  the provisions of this act shall be deemed
repealed.

Co-Sponsors

S3214B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5558B
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add Art 3 §§301 - 308, Eld L; add §80.20, Pen L; add §420.37, CP L; add §97-llll, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2061, S6223
2009-2010: S2141A

S3214B (ACTIVE) - Bill Texts

view summary

Establishes an elderly crime prevention and control trust fund to be funded by an initial appropriation and administrative assessment penalties on persons convicted of felonies when an elderly person is a victim; provides that the fund is to be administered by the division of criminal justice services which shall give grants to organizations who will set up programs to prevent crimes against elderly persons.

view sponsor memo
BILL NUMBER:S3214B

TITLE OF BILL: An act to amend the elder law, the penal law, the
criminal procedure law and the state finance law, in relation to crime
prevention and control, and providing for the repeal of such
provisions upon expiration thereof

SUMMARY:

Section 1: Establishes the elderly crime prevention and control trust
fund act, sets forth the definitions, legislative findings,
application procedures, provides the commissioner with the power to
promulgate rules and regulations, sets forth reporting requirements,
and legislative hearing requirements.

Section 2: Amends the penal law by adding a new section 80.20
establishing mandatory administrative assessments upon conviction of a
felony where an elderly person is the victim.

Section 3: Amends the criminal procedure law by adding a new section
420.37 governing the commitment of a defendant for failure to pay a
fine.

Section 4: Amends the state finance law by adding a new section
97-1111 establishing the elderly crime prevention and control trust
fund. Such fund shall consist of all money appropriated and received
as a result of mandatory administrative assessments and any other sums
payable to the fund pursuant to section 80.20 of the penal law.

Section 5: This act shall take effect immediately and shall expire
June 30, 2016 when it shall be deemed repealed. Criminal sanction
impact.

JUSTIFICATION: The steady, but no less dramatic, rise in the criminal
victimization of the elderly requires this Legislature to take
affirmative steps to ensure the physical safety and emotional
well-being of this crime-vulnerable population. This increased sense
of responsibility comes at a time when we see the traditional funding
source of elderly crime prevention, detection and enforcement programs
being redirected into tax cuts and national defense spending. This
bill seeks to develop a mechanism to meet the needs of protection for
our elderly by requiring the convicted criminal to bear larger burden
as a result of his/her actions.

By adding a mandatory fine upon conviction, and in turn segregating
these monies in a dedicated fund available principally for crime
prevention, detection and enforcement activities, this legislature can
take a major step toward reaffirming our elderly's safety.

Additionally, this concept enhances the planning and delivery
capabilities of front-line service-providers such as municipal police
departments and community-based organizations. This bill suggests that
with potential annual revenues in the $4-5 million range, a legitimate
and concerted effort can be mounted to obviate the fear and distress
that is forcing our elderly to be prisoners in their own homes.


These themes send a bold message to the criminals who prey upon the
elderly, to the police and support agencies that must deal with these
problems, and to the elderly themselves, that this scourge can, and
will, be dealt with through the full resources and commitment of this
Legislature.

FISCAL IMPLICATIONS: New revenue to the State of approximately $4.5
million.

LEGISLATIVE HISTORY: 2011-12: S.6223 - Referred to Aging 2009-10:
S.2061 - Referred to Aging

EFFECTIVE DATE: Immediately, with provisions.

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

                                 3214--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens. PARKER, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Aging -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Aging   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the elder law, the penal law, the criminal procedure law
  and the state  finance  law,  in  relation  to  crime  prevention  and
  control,  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1. The elder law is amended by adding a new article 3 to read
as follows:
                                ARTICLE III
           ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT
SECTION 301. SHORT TITLE.
        302. LEGISLATIVE FINDING AND DECLARATION.
        303. DEFINITIONS.
        304. ADMINISTRATION OF TRUST FUND.
        305. APPLICATION PROCEDURES.
        306. RULES AND REGULATIONS.
        307. REPORTING.
        308. LEGISLATIVE HEARINGS.
  S 301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND ACT".
  S  302.  LEGISLATIVE  FINDING  AND  DECLARATION. THIS LEGISLATURE DOES
HEREBY FIND AND DECLARE THAT THE ELDERLY POPULATION OF THIS STATE, WHICH
FOR THE PURPOSES OF THIS ARTICLE IS DEFINED AS INDIVIDUALS OVER THE  AGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06979-04-4

S. 3214--B                          2

OF SIXTY-TWO YEARS, IS UNIQUELY VULNERABLE TO ACTUAL AND POTENTIAL CRIM-
INAL VICTIMIZATION BY VIRTUE OF PHYSICAL FRAILTY, CONCENTRATIONS IN HIGH
RISK URBAN NEIGHBORHOODS, AND SOCIO-ECONOMIC HOUSEHOLD FACTORS ADVERTIS-
ING  SENIORS  AS  HIGH VISIBILITY CRIME TARGETS. THIS HEIGHTENED VULNER-
ABILITY ACTS AS A PRECURSOR FOR A GENERALIZED AND DEBILITATING SENSE  OF
FEAR  WHICH  IMPACTS  ON MOBILITY, CONCEPTS OF SELF-WORTH, AND ISOLATION
FROM THE LARGER SOCIETY. THE LEGISLATURE FURTHER FINDS AND DECLARES THAT
ON THE BASIS OF AVAILABLE DEMOGRAPHIC  INFORMATION,  THE  ELDERLY  POPU-
LATION  OF  THIS  STATE WILL CONTINUE TO EXPAND, THUS REQUIRING THAT THE
PROBLEM OF CRIMINAL VICTIMIZATION OF THE ELDERLY BE A FOCUS OF  CONTINU-
ING  AND PARAMOUNT CONCERN. THIS LEGISLATURE FURTHER FINDS THAT ALTHOUGH
THE STATE'S COMMITMENT OF GENERAL REVENUE FUNDS TO THE CRIMINAL  JUSTICE
SYSTEM  HAS  INCREASED  NEARLY  THREE-FOLD  IN  THE  PAST  DECADE, CRIME
PREVENTION AND CONTROL ACTIVITIES TARGETED  TO  OUR  ELDERLY  POPULATION
HAVE  BEEN WEDDED TO MONEYS ORIGINATING WITHIN THE FEDERAL SYSTEM. ADDI-
TIONALLY, STATISTICAL TRENDS IN THE CRIMINAL VICTIMIZATION OF THE ELDER-
LY PROMISE A CONTINUED  ESCALATION  IN  SEEMINGLY  RAMPANT  CRIME  RATES
DESPITE  THE  BEST EFFORTS OF LAW ENFORCEMENT AND COMMUNITY BASED ORGAN-
IZATIONS.  THESE FINDINGS, COUPLED WITH THE PHILOSOPHIC SHIFTS OCCURRING
ON A NATIONAL LEVEL, MANDATE THAT  RESPONSIBILITY  FOR  THE  SAFETY  AND
WELL-BEING  OF ELDERLY CITIZENS RESTS PRINCIPALLY WITH THIS LEGISLATURE.
IN RESPONSE TO THAT OBLIGATION, THIS LEGISLATURE DOES  HEREBY    DECLARE
AND  ENDORSE  THE ESTABLISHMENT OF AN EXCLUSIVE DEDICATED REVENUE SOURCE
FOR THE OPERATION AND MAINTENANCE OF CRIME  PREVENTION,  DETECTION,  AND
ENFORCEMENT  ACTIVITIES FOR THE SOLE BENEFIT OF ELDERLY CITIZENS IN THIS
STATE.
  S 303. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "ELDERLY PERSON" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
  2. "COMMISSIONER" MEANS THE CHIEF ADMINISTRATIVE OFFICER OF THE  DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
  3.  "GRANT RECIPIENT" MEANS ANY LOCAL GOVERNMENT, TO INCLUDE ANY TOWN,
CITY, OR COUNTY, OR ANY LOCAL GOVERNMENT AGENCY THAT ADMINISTERS A CRIME
PREVENTION, DETECTION OR ENFORCEMENT PROGRAM PRINCIPALLY FOR THE BENEFIT
OF ELDERLY PERSONS.
  S 304. ADMINISTRATION OF TRUST FUND. THE ELDERLY CRIME PREVENTION  AND
CONTROL TRUST FUND, WHICH IS ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
EN-LLLL  OF  THE  STATE FINANCE LAW SHALL BE ADMINISTERED AND SUPERVISED
UNDER THE DIRECTION OF THE COMMISSIONER PURSUANT TO THIS ARTICLE, AND IT
SHALL BE FOR THE ESTABLISHMENT  AND  CONTINUANCE  OF  CRIME  PREVENTION,
DETECTION   OR  ENFORCEMENT  PROGRAMS  PRINCIPALLY  BENEFITTING  ELDERLY
PERSONS.
  S 305. APPLICATION PROCEDURES. FUNDS APPROPRIATED OR AVAILABLE FOR THE
PURPOSES OF THIS ARTICLE MAY BE ALLOCATED FOR THE PURPOSE OF  DESIGNING,
EXPANDING,  OR IMPLEMENTING INTERACTIVE CRIME PREVENTION, DETECTION, AND
ENFORCEMENT ACTIVITIES THAT PRINCIPALLY ENHANCE  THE  SAFETY,  MOBILITY,
PHYSICAL  SECURITY  AND  EMOTIONAL  WELL-BEING  OF  ELDERLY  PERSONS  AS
PROPOSED BY GRANT RECIPIENTS.
  1. GRANT RECIPIENTS SHALL BE SELECTED BY THE COMMISSIONER FROM  APPLI-
CATIONS SUBMITTED.
  2.  THE DIRECTOR SHALL REQUIRE THAT APPLICATIONS SUBMITTED FOR FUNDING
INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
  (A) THE COST OF EACH PROPOSED PROGRAM INCLUDING THE  PROPOSED  COMPEN-
SATION OF EMPLOYEES AND PURCHASE OF SUPPORT SERVICES AND HARDWARE;
  (B)  A DESCRIPTION OF THE PROPOSED COMMUNITY AREA OF SERVICE AND OTHER
CHARACTERISTICS AS DETERMINED BY THE COMMISSIONER;

S. 3214--B                          3

  (C) A PROGRAM GOAL TO BE ACHIEVED AND AN ASSESSMENT STANDARD MEASURING
ACHIEVEMENT OF THAT GOAL;
  (D) AN ENDORSEMENT OF THE CHIEF ADMINISTRATIVE OFFICER OF THE LOCALITY
IN  WHICH  THE  GRANT RECIPIENT PROPOSES TO OPERATE A PROGRAM, THAT SAID
PROGRAM IS IN CONGRUENCE  WITH  OVERALL  EFFORTS  OF  THAT  LOCALITY  IN
CONTROLLING, CONTAINING OR REDUCING THE CRIMINAL VICTIMIZATION OF ELDER-
LY PERSONS;
  (E) SUCH ADDITIONAL INFORMATION AS IS DETERMINED TO BE RELEVANT BY THE
COMMISSIONER OR THE LEGISLATURE.
  S  306. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS TO EFFECTUATE THE PURPOSES OF  THIS  ARTICLE,  INCLUDING
BUT NOT LIMITED TO:
  1.  PROVISIONS  FOR PERIODIC MONITORING AND EVALUATION OF EACH PROGRAM
AWARDED A GRANT RECIPIENT;
  2. PROVISIONS THAT LIMIT THE EXPENDITURE OF FUNDS  FOR  ADMINISTRATIVE
PURPOSES  TO  FIFTY PER CENTUM OF THE GRANT AWARD; PROVIDED, HOWEVER, IF
THE LOCAL GOVERNMENT, LOCAL GOVERNMENT AGENCY, OR COMMUNITY BASED ORGAN-
IZATION SHALL MATCH THE STATE GRANT AWARD WITH  EQUAL  LOCAL  RESOURCES,
SEVENTY-FIVE PER CENTUM MAY BE USED FOR ADMINISTRATIVE PURPOSES.
  S  307.  REPORTING.  GRANT  RECIPIENTS  SHALL  BI-ANNUALLY PROVIDE THE
COMMISSIONER SUCH DATA AS  TO  REASONABLY  REFLECT  THE  FUNDED  PROGRAM
ACTIVITIES  FOR THE INCLUSIVE PERIOD OF JANUARY FIRST THROUGH JUNE THIR-
TIETH, AND JULY FIRST THROUGH DECEMBER  THIRTY-FIRST  OF  EACH  CALENDAR
YEAR IN WHICH FUND MONEYS ARE RECEIVED AND EXPENDED. 1. THE COMMISSIONER
SHALL ANNUALLY REPORT TO THE APPROPRIATE COMMITTEES OF THE LEGISLATURE:
  (A)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS RECEIVED AND FUNDING LEVEL SOUGHT;
  (B) THE NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL  GRANT  APPLICA-
TIONS APPROVED;
  (C)  THE  NAME, ADDRESS, AND PROGRAM DESCRIPTION OF ALL GRANT APPLICA-
TIONS DENIED AND A BRIEF EXPLANATION FOR THE BASIS OF DENIAL.
  2. AN ANNUAL REPORT FOR PUBLIC DISTRIBUTION DETAILING  THE  ACTIVITIES
AND  ACCOMPLISHMENTS  OF  PROGRAMS  FUNDED  UNDER THE PROVISIONS OF THIS
ARTICLE SHALL ALSO BE SUBMITTED.
  S 308. LEGISLATIVE HEARINGS. THE LEGISLATURE  SHALL  ANNUALLY  CONDUCT
PUBLIC  HEARINGS  ON  THE  PROPOSED  USE AND DISTRIBUTION OF FUNDS TO BE
PROVIDED UNDER THIS ARTICLE. 1.  THE  COMMISSIONER  SHALL  CAUSE  TO  BE
PREPARED  A DETAILED PLAN, FOR SUBMISSION TO THE APPROPRIATE LEGISLATIVE
COMMITTEES, PROJECTING:
  (A) ANTICIPATED REVENUES AVAILABLE  UNDER  THIS  TRUST  FUND  FOR  THE
FORTHCOMING STATE FISCAL YEAR;
  (B)  UNEXPENDED  FUNDS  FROM THE CURRENT STATE FISCAL YEAR OPERATIONS;
AND
  (C) ENCUMBERED AND CONTRACTED FUNDS  FROM  THE  CURRENT  STATE  FISCAL
YEAR.
  2.  ON  THE  BASIS  OF  THE  PLAN SUBMITTED BY THE COMMISSIONER, JOINT
LEGISLATIVE COMMITTEE HEARINGS SHALL BE CONDUCTED AT  THE  PLEASURE  AND
CONVENIENCE OF THE APPROPRIATE COMMITTEE CHAIRPERSONS.
  3.  EXPENSES  ATTENDANT  TO LEGISLATIVE HEARINGS CONDUCTED PURSUANT TO
THIS ARTICLE  SHALL  BE  BORNE  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  S 2. The penal law is amended by adding a new section 80.20 to read as
follows:
S 80.20 MANDATORY ADMINISTRATIVE ASSESSMENTS REQUIRED UPON CONVICTION OF
          A FELONY WHERE AN ELDERLY PERSON IS A VICTIM.

S. 3214--B                          4

  1.  FOR  PURPOSES  OF  THIS  SECTION  "ELDERLY  PERSON" MEANS A PERSON
SIXTY-TWO YEARS OF AGE OR OLDER.
  2.  EVERY  PERSON  CONVICTED  OF A FELONY INVOLVING A VICTIM WHO IS AN
ELDERLY PERSON SHALL, IN ADDITION TO ANY SENTENCE IMPOSED BY THE  COURT,
PAY A MANDATORY ADMINISTRATIVE ASSESSMENT OF TWO HUNDRED DOLLARS.
  3.  A PERSON CONVICTED AND SUBJECT TO THE PROVISIONS SET FORTH IN THIS
ARTICLE SHALL PAY THE MANDATORY ADMINISTRATIVE ASSESSMENT TO  THE  CLERK
OF THE COURT THAT RENDERED THE CONVICTION. EACH MANDATORY ADMINISTRATIVE
ASSESSMENT  COLLECTED BY THE CLERK SHALL BE PAID OVER TO THE STATE COMP-
TROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION NINETY-SEVEN-LLLL OF
THE STATE FINANCE LAW.
  4. WHEN A PERSON IS CONVICTED OF A FELONY INVOLVING A VICTIM WHO IS AN
ELDERLY PERSON, THE MANDATORY ADMINISTRATIVE ASSESSMENT SHALL BE PAID TO
THE STATE COMPTROLLER FOR DEPOSIT UNDER THE PROVISIONS OF SECTION  NINE-
TY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  5. FOR THE PURPOSES OF THIS SECTION, ADJUDICATION AS A YOUTHFUL OFFEN-
DER SHALL NOT EXEMPT A PERSON FROM THE PROVISIONS OF THIS SECTION.
  6.  THE CLERK OF THE COURT, WHEREIN THE CONVICTION OCCURRED, RESULTING
IN A MANDATORY ADMINISTRATIVE ASSESSMENT BEING COLLECTED, SHALL BE ENTI-
TLED, ON BEHALF OF THE COURT, TO RETAIN A FEE NOT  TO  EXCEED  FIVE  PER
CENTUM OF THE MANDATORY ADMINISTRATIVE ASSESSMENT.
  S  3.  The  criminal  procedure law is amended by adding a new section
420.37 to read as follows:
S 420.37 MANDATORY   ADMINISTRATIVE   ASSESSMENTS;   APPLICABILITY    TO
           SENTENCES MANDATING PAYMENT OF FINES.
  THE  PROVISIONS  OF SECTION 430.20 OF THIS TITLE GOVERNING THE COMMIT-
MENT OF A DEFENDANT FOR FAILURE TO PAY A FINE  SHALL  BE  APPLICABLE  TO
MANDATORY  ADMINISTRATIVE  ASSESSMENTS IMPOSED PURSUANT TO SECTION 80.20
OF THE PENAL LAW.
  S 4. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S  97-LLLL. ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND.  1. THERE
IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A  SPECIAL
FUND  TO  BE  KNOWN  AS  THE "ELDERLY CRIME PREVENTION AND CONTROL TRUST
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSES
OF SUCH FUND, AND ALL MONEYS RECEIVED AS A RESULT OF MANDATORY  ADMINIS-
TRATIVE  ASSESSMENTS  AND ANY OTHER SUMS PAYABLE TO THE FUND PURSUANT TO
SECTION 80.20 OF THE PENAL LAW.
  3. MONEYS OF THE ELDERLY CRIME PREVENTION AND CONTROL TRUST FUND, WHEN
ALLOCATED, SHALL BE  AVAILABLE  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  FOR  THE  PURPOSES  OF  ADMINISTERING  AND  FUNDING ACTIVITIES
RELATED TO THE PREVENTION AND CONTROL OF CRIMINAL VICTIMIZATION  OF  THE
ELDERLY PURSUANT TO THE PROVISIONS OF ARTICLE THREE OF THE ELDER LAW.
  4.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE ELDERLY CRIME PREVENTION AND  CONTROL
TRUST  FUND  UNTIL A CERTIFICATE OF ALLOCATION AND A SCHEDULE OF AMOUNTS
TO BE AVAILABLE THEREFOR SHALL HAVE BEEN ISSUED BY THE DIRECTOR  OF  THE
BUDGET,  UPON  THE RECOMMENDATION OF THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND A COPY OF SUCH CERTIFICATE FILED WITH  THE
COMPTROLLER,  THE  CHAIRPERSON  OF  THE SENATE FINANCE COMMITTEE AND THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.  SUCH  CERTIFICATE
MAY BE AMENDED FROM TIME TO TIME BY THE DIRECTOR OF THE BUDGET, UPON THE
RECOMMENDATION  OF  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND A COPY OF EACH SUCH AMENDMENT SHALL BE FILED WITH THE COMP-

S. 3214--B                          5

TROLLER, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE  CHAIR-
PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  5.  THE  MONEYS,  WHEN ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED
BY  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OR BY
AN OFFICER OR EMPLOYEE OF THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
DESIGNATED BY THE COMMISSIONER.
  S  5. This act shall take effect immediately and shall expire June 30,
2017 when upon such date the provisions of  this  act  shall  be  deemed
repealed.

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