senate Bill S3329

2013-2014 Legislative Session

Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Feb 01, 2013 referred to children and families

Co-Sponsors

S3329 - Details

See Assembly Version of this Bill:
A2066
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง351.1 & 353.4, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2764, A822
2009-2010: S7251, A2406

S3329 - Summary

Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.

S3329 - Sponsor Memo

S3329 - Bill Text download pdf

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

                                  3329

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, KRUEGER, MONTGOMERY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Children and Families

AN ACT to amend the family court act, in relation to probation, investi-
  gation and diagnostic assessment of juvenile delinquents or any  other
  juvenile delinquent whom the court reasonably finds, on the record, to
  have  a demonstrable need for a remediation of a discernible handicap-
  ping condition

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

  Section  1. Subdivision 1 of section 351.1 of the family court act, as
amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
follows:
  1.  Following a determination that a respondent has committed a desig-
nated felony act OR ANY OTHER JUVENILE DELINQUENT WHOM THE COURT REASON-
ABLY FINDS, ON THE RECORD, TO HAVE A DEMONSTRABLE NEED FOR A REMEDIATION
OF A DISCERNIBLE HANDICAPPING CONDITION and prior to  the  dispositional
hearing,  the judge shall order a probation investigation and a diagnos-
tic assessment. For the purposes of this article, the probation investi-
gation shall include, but not be limited to, the history of the juvenile
including previous conduct, the family situation, any  previous  psycho-
logical  and  psychiatric  reports,  school  adjustment, previous social
assistance provided by voluntary or public agencies and the response  of
the  juvenile  to such assistance. For the purposes of this article, the
diagnostic assessment shall include, but not be limited  to,  psycholog-
ical  tests  and psychiatric interviews to determine mental capacity and
achievement, emotional  stability  and  mental  disabilities.  It  shall
include  a  clinical assessment of the situational factors that may have
contributed to the act or acts. When feasible, expert opinion  shall  be
rendered  as to the risk presented by the juvenile to others or himself,
with a recommendation as to the need for a restrictive placement.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03488-01-3

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