LBD04515-01-5
A. 2703 2
amend the executive law, the navigation law, the penal law, the
correction law and the criminal procedure law, in relation to youth
detention and allowing the county greater control of where youths are
sent for detention; and to repeal certain provisions of the criminal
procedure law, the vehicle and traffic law, and the penal law relating
thereto (Part H); and to amend the retirement and social security law,
in relation to allowing additional contributions to be made by members
who joined the retirement system after July 27, 1976 and to preclude
overtime hours from being calculated in retirement allowances (Part I)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to enact the New York state mandate relief for coun-
ties act. Each component is wholly contained within a Part identified as
Parts A through I. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of this act sets forth the general
effective date of this act.
S 2. This act shall be known and may be cited as the "New York state
mandate relief for counties act".
PART A
Section 1. Section 368-a of the social services law is REPEALED and a
new section 368-a is added to read as follows:
S 368-A. STATE REIMBURSEMENT. THE DEPARTMENT SHALL REVIEW THE EXPENDI-
TURES MADE BY SOCIAL SERVICES DISTRICTS FOR MEDICAL ASSISTANCE FOR NEEDY
PERSONS, AND THE ADMINISTRATION THEREOF, BEFORE MAKING REIMBURSEMENT.
BEFORE APPROVING SUCH EXPENDITURES FOR REIMBURSEMENT, THE DEPARTMENT
SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE REVIEWS AND AUDITS
CONDUCTED BY THE DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-FOUR OF THIS TITLE. IF APPROVED BY THE
DEPARTMENT, SUCH EXPENDITURES SHALL NOT BE SUBJECT TO REIMBURSEMENT BY
THE STATE PURSUANT TO SECTION ONE HUNDRED FIFTY-THREE OF THIS ARTICLE OR
ANY PROVISION OF THIS CHAPTER OTHER THAN THIS SECTION, BUT SHALL BE
SUBJECT TO REIMBURSEMENT BY THE STATE IN ACCORDANCE WITH THIS SECTION
AND THE REGULATIONS OF THE DEPARTMENT, AS FOLLOWS:
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BY JANUARY FIRST, TWO
THOUSAND NINETEEN THE STATE SHALL ASSUME ONE HUNDRED PERCENT OF THE
NON-FEDERAL SHARE OF COSTS FOR BENEFITS AND SERVICES PROVIDED UNDER THE
STATE'S MEDICAID PROGRAM PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE
HUNDRED SIXTY-EIGHT-AA OF THIS TITLE.
S 2. The social services law is amended by adding a new section 368-aa
to read as follows:
S 368-AA. STATE ASSUMPTION OF NON-FEDERAL SHARE MEDICAID COSTS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE STATE SHALL ASSUME ONE
HUNDRED PERCENT OF THE NON-FEDERAL SHARE OF MEDICAID COSTS BY JANUARY
FIRST, TWO THOUSAND NINETEEN.
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2. (A)(I) BEGINNING STATE FISCAL YEAR TWO THOUSAND FIFTEEN THE MEDICAL
ASSISTANCE EXPENDITURE AMOUNT FOR THE SOCIAL SERVICES DISTRICTS SHALL BE
CAPPED, FOR A PERIOD OF FIVE YEARS, AT AN AMOUNT EQUAL TO THE PREVIOUS
CALENDAR YEAR'S MEDICAL ASSISTANCE EXPENDITURE AMOUNT.
(II) THE STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO OVERRIDE SUCH
CAP DURING THE YEARS TWO THOUSAND FIFTEEN--TWO THOUSAND TWENTY, HOWEVER
ANY INCREASES TO EXPENDITURES APPROVED BY THE GOVERNOR SHALL BE FUNDED
THROUGH THE STATE BUDGET.
(B)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND SIXTEEN THE LOCAL
SHARE/COUNTY SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY TEN
PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
(II) COMMENCING STATE FISCAL YEAR TWO THOUSAND SIXTEEN THE STATE SHARE
OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT FOR
SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY TEN PERCENT OVER THE
PREVIOUS YEAR'S EXPENDITURE.
(C)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND SEVENTEEN THE LOCAL
SHARE/COUNTY SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY
TWENTY PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
(II) COMMENCING STATE FISCAL YEAR TWO THOUSAND SEVENTEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT
FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY TWENTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
(D)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND EIGHTEEN THE LOCAL
SHARE/COUNTY SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY
FIFTY PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
(II) COMMENCING STATE FISCAL YEAR TWO THOUSAND EIGHTEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT
FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY FIFTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
(E)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND NINETEEN THE LOCAL
SHARE/COUNTY SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY
SEVENTY-FIVE PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
(II) COMMENCING STATE FISCAL YEAR TWO THOUSAND NINETEEN THE STATE
SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT
FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY SEVENTY PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE.
(F)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND TWENTY THE LOCAL
SHARE/COUNTY SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL
ASSISTANCE AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY ONE
HUNDRED PERCENT UNDER THE PREVIOUS YEAR'S EXPENDITURE.
(II) COMMENCING STATE FISCAL YEAR TWO THOUSAND TWENTY THE STATE SHARE
OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT FOR
SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY ONE HUNDRED PERCENT OVER
THE PREVIOUS YEAR'S EXPENDITURE RESULTING IN THE ENTIRE EXPENDITURE FOR
MEDICAID COST BEING FUNDED BY THE STATE.
(G) THE STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO OVERRIDE THE
CAP ESTABLISHED IN THIS SECTION AFTER THE YEAR TWO THOUSAND TWENTY
HOWEVER ANY INCREASES TO EXPENDITURES APPROVED BY THE GOVERNOR SHALL BE
FUNDED THROUGH THE STATE BUDGET.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS: (1) LOCAL SHARE/COUNTY SHARE SHALL MEAN THE PORTION OF ANY
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EXPENSES COVERED BY COUNTIES FOR THE ADMINISTRATION, BENEFITS AND
SERVICE PROVIDED UNDER THE STATE'S MEDICAID PROGRAM.
S 3. Subdivision (c-1) of section 1 of part C of chapter 58 of the
laws of 2005 authorizing reimbursements for expenditures made by or on
behalf of social services districts for medical assistance for needy
persons and the administration thereof, as added by section 1 of part F
of chapter 56 of the laws of 2012, is amended to read as follows:
(c-1) Notwithstanding any provisions of subdivision (c) of this
section to the contrary, effective April 1, 2013, for the period January
1, 2013 through December 31, 2013 and for each calendar year thereafter,
the medical assistance expenditure amount for the social services
district for such period shall be equal to the previous calendar year's
medical assistance expenditure amount[, except that:
(1) for the period January 1, 2013 through December 31, 2013, the
previous calendar year medical assistance expenditure amount will be
increased by 2%;
(2) for the period January 1, 2014 through December 31, 2014, the
previous calendar year medical assistance expenditure amount will be
increased by 1%]. ANY INCREASES TO EXPENDITURES REQUIRED AFTER THE YEAR
2015 SHALL BE MADE PURSUANT TO THE PROVISIONS OF SECTION 368-AA OF THE
SOCIAL SERVICES LAW.
S 4. This act shall take effect immediately.
PART B
Section 1. Subdivision 1 of section 158 of the social services law, as
added by section 44 of part B of chapter 436 of the laws of 1997 and
paragraph (f) as amended by chapter 214 of the laws of 1998, is amended
to read as follows:
1. A person is eligible for safety net assistance who is financially
needy as determined in accordance with title one of this article and the
regulations promulgated thereunder, is not in sanction status for a
program authorized by this chapter and:
(a) resides in a family which is ineligible for family assistance or
other assistance funded by the federal temporary assistance for needy
families block grant because an adult in the family has exceeded the
maximum durational limits on such assistance contained in section three
hundred fifty of this chapter, or
(b) [is an adult who would otherwise be eligible for family assistance
except that he or she does not reside with a dependent child, or
(c)] resides in a family that would otherwise be eligible for family
assistance except that at least one adult or minor head of household has
been determined in accordance with section one hundred thirty-two of
this article to be abusing illegal substances or engaging in the habitu-
al and excessive consumption of alcoholic beverages, or
[(d)] (C) is under the age of eighteen, not living with his or her
child and has no adult relatives with whom to reside, or
[(e)] (D) resides in a family in which a person required to submit to
screening or evaluation for use of illegal drugs or excess alcohol
consumption pursuant to section one hundred thirty-two of this article
refused to comply, or
[(f)] (E) resides in a family which includes a person disqualified
from receiving assistance pursuant to paragraph (f) of subdivision four
of section one hundred thirty-two of this article, or
[(g)] (F) is a qualified alien who is ineligible to receive assistance
funded under the temporary assistance for needy families block grant
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solely because of section four hundred three of the federal personal
responsibility and work opportunity reconciliation act of 1996 (P.L.
104-193) or is an alien who is permanently residing under color of law
but is not a qualified alien.
S 2. Section 350-j of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY ANY
EMERGENCY ASSISTANCE PROVIDED UNDER THIS SECTION SHALL COUNT TOWARDS THE
TOTAL AMOUNT OF ASSISTANCE A FAMILY MAY BE ELIGIBLE FOR UNDER ANY OTHER
PROGRAM IN THIS CHAPTER.
S 3. This act shall take effect immediately.
PART C
Section 1. The social services law is amended by adding a new section
416-a to read as follows:
S 416-A. REPEATED UNFOUNDED INVESTIGATIONS. THE COMMISSIONER SHALL
DEVELOP A PROTOCOL FOR EACH COUNTY AND THE CITY OF NEW YORK WHERE THERE
HAVE BEEN REPEATED UNFOUNDED INVESTIGATIONS AGAINST A FAMILY OR INDIVID-
UAL. SUCH PROTOCOL SHALL AIM TO REDUCE THE AMOUNT OF TIME SPENT UNNECES-
SARILY INVESTIGATING SO THAT CASEWORKERS MAY WORK MORE EFFICIENTLY.
S 2. Subdivision 8 of section 34-a of the social services law, as
added by chapter 543 of the laws of 2006, is amended to read as follows:
8. The commissioner of the office of children and family services
shall, in conjunction with the commissioner of education, develop model
practices and procedures for local social services districts and school
districts regarding the reporting and investigation of educational
neglect. Such model practices and procedures shall be available to
social services districts and school districts and shall be posted on
the office of children and family services website and the state depart-
ment of education website by September first, two thousand seven. Each
social services district shall, in conjunction with local school
districts within its district, submit written policies and procedures
regarding the reporting of educational neglect by each school district
within such social services district and the investigation of educa-
tional neglect allegations by child protective services PROVIDED, HOWEV-
ER, INVESTIGATION SHALL NOT BE REQUIRED WHEN THE CHILD IS OVER THE AGE
OF TWELVE. Such policies and procedures shall be submitted to the
office of children and family services for review by January first, two
thousand eight and the office shall approve or disapprove such local
policies and procedures, based upon the model practices and procedures
established in conjunction with the state department of education, with-
in sixty days of submission.
S 3. The social services law is amended by adding a new section 412-b
to read as follows:
S 412-B. STAFFING AND PERFORMANCE CRITERIA. COMMENCING JANUARY FIRST,
TWO THOUSAND FIFTEEN THE COUNTIES AND THE CITY OF NEW YORK SHALL BE
ALLOWED TO REEVALUATE AND ESTABLISH THEIR STAFFING AND PERFORMANCE
CRITERIA. THE GOAL OF SUCH REEVALUATION SHALL BE TO ALLOW LOCALS GREATER
FLEXIBILITY AND WORK MORE EFFICIENTLY AND DEVELOP IMPROVED MODELS OF
SERVICE.
S 4. The social services law is amended by adding a new section 427-b
to read as follows:
S 427-B. ADOPTION INCENTIVES BOARD AND PILOT PROGRAM. EACH COUNTY AND
THE CITY OF NEW YORK SHALL DEVELOP AN ADOPTION INCENTIVE BOARD AND PILOT
PROGRAM. SUCH BOARD SHALL MAKE SUGGESTIONS IN THE FORM OF A REPORT TO
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THE COMMISSIONER ON VIABLE INCENTIVES TO ENCOURAGE ADOPTION WITHIN THEIR
COUNTY OR THE CITY OF NEW YORK BY MAY FIFTEENTH, TWO THOUSAND FIFTEEN.
THE COMMISSIONER SHALL THEN EVALUATE SUCH SUGGESTIONS AND WORK WITH THE
COUNTIES TO IMPLEMENT SUGGESTIONS THROUGH AN ADOPTION INCENTIVES PILOT
PROGRAM AT A LOCAL LEVEL BY JANUARY FIRST, TWO THOUSAND FIFTEEN.
S 5. This act shall take effect immediately.
PART D
Section 1. Paragraph d of subdivision 10 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, subparagraph
(ii) as amended by section 58 of part H of chapter 83 of the laws of
2002 and subparagraph (iii) as amended by section 63 of part A of chap-
ter 60 of the laws of 2000, is amended to read as follows:
d. (i) At the beginning of the school year, the commissioner shall
allocate funds for reimbursement of allowable administrative costs, as
defined in regulations of the commissioner, incurred by a board pursuant
to this section. Such allocation shall be in an amount equal to a school
district's pro rata share of the statewide base year count of preschool
children as a percent of federal funds available for such reimbursement,
as determined by the commissioner. In January of any school year in
which additional federal funds are determined by the commissioner to be
available for such reimbursement, the commissioner shall equitably allo-
cate such funds for reimbursement of allowable administrative costs, in
a manner determined by the commissioner which is consistent with federal
statutes and regulations governing the use of federal funds, to school
districts which have demonstrated a need for such additional funds. At
the close of the school year for which such funds were allocated, each
board shall submit, in a form prescribed by the commissioner, a state-
ment of the allowable administrative costs incurred pursuant to this
section. [A board may, subject to approval of the commissioner, submit
any allowable administrative costs for which federal funds are not allo-
cated to that school district pursuant to this subdivision to the appro-
priate municipality or municipalities for reimbursement pursuant to
subdivision eleven of this section.]
(ii) Boards may submit reasonable costs incurred pursuant to para-
graphs a through d of subdivision seven of this section to the [appro-
priate municipality] COMMISSIONER for reimbursement. Boards may also
submit to the [appropriate municipality] COMMISSIONER for reimbursement
of reasonable costs incurred pursuant to paragraph e of subdivision
seven of this section: (A) in an action or proceeding brought by another
party or (B) in an action or proceeding brought by the board, other than
an action or proceeding brought against the state, a department, board
or agency of the state or a state officer, except where such state
defendant is joined as a necessary party to such action or proceeding,
if, upon final disposition of the action or proceeding, the board
receives a judgment in its favor annulling the determination or order of
the state review officer. The municipality shall be reimbursed for
payment of such costs pursuant to subdivision eleven of this section.
(iii) On or after July first, nineteen hundred ninety, and annually
thereafter until June thirtieth, two thousand one, municipalities shall
be eligible for reimbursement for administrative costs incurred during
the preceding year of fifty dollars for each eligible preschool child
served in such year pursuant to this section. On or after July first,
two thousand one, and annually thereafter, municipalities shall be
eligible for reimbursement for ALL administrative costs incurred during
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the preceding year [of seventy-five dollars for each eligible preschool
child served in such year pursuant to this section]. Each municipality
shall submit a claim in a form prescribed by the commissioner. Upon
approval, reimbursement shall be made by the commissioner from appropri-
ations available therefor. Such reimbursement shall be made in the first
instance from any federal funds designated under federal law for local
use, as determined by the commissioner, that are available after satis-
fying the provisions of subparagraph (i) of this paragraph. To the
extent that such federal funds are not sufficient or available to reim-
burse a municipality for such costs, reimbursement shall be made with
state funds.
S 2. Paragraph a of subdivision 11 of section 4410 of the education
law, as amended by chapter 474 of the laws of 1996, is amended to read
as follows:
a. The approved costs for a preschool child who receives services
pursuant to this section shall be a charge upon the municipality wherein
such child resides. COMMENCING THE BEGINNING OF THE SCHOOL YEAR IN THE
YEAR TWO THOUSAND FIFTEEN THE MUNICIPALITY IS HEREBY AUTHORIZED TO
REQUIRE FINANCIAL PARTICIPATION BY THE PARENT OR LEGAL GUARDIAN OF ANY
CHILD ENROLLED IN A PROGRAM UNDER THIS SECTION. SUCH FINANCIAL PARTIC-
IPATION COLLECTED BY THE MUNICIPALITY SHALL BE UTILIZED TO FUND ONE
HUNDRED PERCENT OF THE MUNICIPALITY'S NON-ADMINISTRATIVE COSTS FOR THE
OPERATION OF PROGRAMS IN THIS SECTION. THE COMMISSIONER IN CONJUNCTION
WITH THE LOCAL BOARDS SHALL DEVELOP AN INCOME BASED FINANCIAL PARTIC-
IPATION SCHEDULE FOR TUITION WHICH SHALL BE PAID BY THE PARENT OR LEGAL
GUARDIAN OF ANY CHILD ENROLLED IN A PROGRAM UNDER THIS SECTION. THE
COMMISSIONER IN CONJUNCTION WITH THE LOCAL BOARDS SHALL ADDITIONALLY
INVESTIGATE THE FEASIBILITY OF ACCEPTING THIRD PARTY INSURANCE PAYMENTS
FOR SERVICES RENDERED UNDER THIS SECTION AND WHERE APPLICABLE BILL SUCH
THIRD PARTY INSURANCE FOR SERVICES RENDERED UNDER THIS SECTION. All
approved costs shall be paid in the first instance and at least quarter-
ly by the appropriate governing body or officer of the municipality upon
vouchers presented and audited in the same manner as the case of other
claims against the municipality. Notwithstanding any inconsistent
provisions of this section, upon notification by the commissioner, a
municipality may withhold payments due any provider for services
rendered to preschool children in a program for which the commissioner
has been unable to establish a tuition rate due to the failure of the
provider to file complete and accurate reports for such purpose, as
required by the commissioner.
S 3. This act shall take effect immediately.
PART E
Section 1. Section 722-e of the county law, as added by chapter 878 of
the laws of 1965, is amended to read as follows:
S 722-e. Expenses. 1. EXPENSES. All expenses for providing counsel
and services other than counsel hereunder shall be a county charge or in
the case of a county wholly located within a city a city charge to be
paid out of an appropriation for such purposes.
2. RATES. THE RATES PAID TO INDIVIDUALLY ASSIGNED ATTORNEYS PROVIDING
REPRESENTATION UNDER THIS ARTICLE SHALL BE SET BY THE COUNTY AND SHALL
BE EVALUATED PERIODICALLY FOR COST OF LIVING INCREASES.
3. DETERMINING INDIGENCE. THE COUNTY SHALL HAVE THE AUTHORITY TO
DETERMINE AND ESTABLISH GUIDELINES FOR DETERMINING THE INDIGENCE STATUS
OF PERSONS APPLYING FOR ASSISTANCE UNDER THIS ARTICLE. SUCH GUIDELINES
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SHALL NOT BE LESS THAN ONE HUNDRED AND TWENTY-FIVE PERCENT OF THE FEDER-
AL POVERTY GUIDELINES AS DEFINED BY THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES. FURTHER, THE COUNTY SHALL HAVE THE ABILITY TO COLLECT
ANY FUNDS EXPENDED UNDER THIS ARTICLE FROM THE FUTURE EARNINGS OF
FORMERLY QUALIFYING INDIGENT PERSONS.
S 2. Section 580-313 of the family court act, as added by chapter 398
of the laws of 1997, is amended to read as follows:
S 580-313. Costs and fees. (a) The petitioner [may not] SHALL be
required to pay a filing fee [or other costs] UP TO, BUT NOT MORE THAN,
TWENTY-FIVE DOLLARS. SUCH FEE SHALL BE UTILIZED TO SUPPORT INDIGENT
DEFENSE SERVICES WITHIN THE COURT.
(b) If an obligee prevails, a responding tribunal may assess against
an obligor filing fees, reasonable attorney's fees, other costs, and
necessary travel and other reasonable expenses incurred by the obligee
and the obligee's witnesses. The tribunal may not assess fees, costs,
or expenses against the obligee or the support enforcement agency of
either the initiating or the responding state, except as provided by
other law. Attorney's fees may be taxed as costs, and may be ordered
paid directly to the attorney, who may enforce the order in the attor-
ney's own name. Payment of support owed to the obligee has priority
over fees, costs and expenses.
(c) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested primarily
for delay. In a proceeding under part six of this article (enforcement
and modification of support order after registration), a hearing is
presumed to have been requested primarily for delay if a registered
support order is confirmed or enforced without change.
S 3. Section 8018 of the civil practice law and rules is amended by
adding a new subdivision (e) to read as follows:
(E) THE FAMILY COURT OF ANY JURISDICTION SHALL REQUIRE THE PETITIONER
TO PAY A FILING FEE UP TO, BUT NOT MORE THAN TWENTY-FIVE DOLLARS FOR ALL
ACTIONS COMMENCED UNDER THE FAMILY COURT'S JURISDICTION. SUCH FEE SHALL
BE UTILIZED TO SUPPORT INDIGENT DEFENSE SERVICES WITHIN THE COURT.
S 4. This act shall take effect immediately.
PART F
Section 1. Section 257-c of the executive law, as added by chapter 55
of the laws of 1992, subdivision 5 as amended by section 58 of part A of
chapter 56 of the laws of 2010, is amended to read as follows:
S 257-c. Probation administrative fee. 1. Notwithstanding any other
provision of law, every county and the city of New York, may adopt a
local law requiring individuals currently serving or who shall be
sentenced to a period of probation upon conviction of any crime under
article thirty-one of the vehicle and traffic law to pay to the local
probation department with the responsibility of supervising the proba-
tioner an administrative fee of thirty dollars per month. The LOCAL
PROBATION department shall waive all or part of such fee where, because
of the indigence of the offender, the payment of said surcharge would
work an unreasonable hardship on the person convicted, his or her imme-
diate family, or any other person who is dependent on such person for
financial support.
2. The provisions of subdivision six of section 420.10 of the criminal
procedure law shall govern for purposes of collection of the administra-
tive fee.
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3. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY COUNTY AND
THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS WHO
SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME
TO PAY A TWENTY-FIVE DOLLAR PROBATIONER REGISTRATION FEE. IN ADDITION,
EVERY COUNTY AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING
INDIVIDUALS CURRENTLY SERVING, OR WHO SHALL BE SENTENCED TO A PERIOD OF
PROBATION UPON CONVICTION OF ANY CRIME, AN ADMINISTRATIVE FEE OF THIRTY
DOLLARS A MONTH.
B. EVERY COUNTY AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW
REQUIRING INDIVIDUALS THAT UTILIZE, OR ARE REQUIRED TO UTILIZE, CERTAIN
SERVICES AND ARE SENTENCED TO A PERIOD OF PROBATION, TO PAY AN ADDI-
TIONAL MONTHLY FEE OF TEN DOLLARS A MONTH. SUCH SERVICES MAY INCLUDE BUT
NOT BE LIMITED TO AN ALCOHOL AND DRUG TESTING FEE OR AN ELECTRONIC
ENHANCEMENTS BENEFIT FEE. THE LOCAL PROBATION DEPARTMENT SHALL WAIVE ALL
OR PART OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE
PAYMENT OF SAID SURCHARGE WOULD WORK AN UNREASONABLE HARDSHIP ON THE
PERSON CONVICTED, HIS OR HER IMMEDIATELY FAMILY, OR ANY OTHER PERSON WHO
IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
[3.] 4. The probation administrative fee authorized by this section
shall not constitute nor be imposed as a condition of probation.
[4.] 5. In the event of non-payment of any fees which have not been
waived by the local probation department, the county or the city of New
York may seek to enforce payment in any manner permitted by law for
enforcement of a debt.
[5.] 6. Monies collected pursuant to this section shall be utilized
for probation services by the local probation department. Such moneys
shall not be considered by the division when determining state aid
pursuant to section two hundred forty-six of [the executive law] THIS
CHAPTER. Monies collected shall not be used to replace federal funds
otherwise utilized for probation services.
S 2. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part E of chapter 55 of
the laws of 2013, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two[, three
hundred eighty-three] and three hundred eighty-four of this act shall
expire on September 1, 2015;
S 3. This act shall take effect immediately and any revenue generated
by the administrative fees authorized by this act shall be retained by
every county or the city of New York to support probation services with-
in the jurisdiction.
PART G
Section 1. Section 2556 of the public health law, as added by chapter
428 of the laws of 1992, is amended to read as follows:
S 2556. Administrative costs. On or after July first, nineteen
hundred ninety-four, and annually thereafter, municipalities shall be
eligible for reimbursement for administrative costs exclusive of due
process costs incurred during the preceding year pursuant to this title.
Such reimbursement shall be made in the first instance from any federal
funds available for such purpose, as determined by the commissioner. To
the extent that such federal funds are not sufficient or available to
reimburse a municipality for such administrative costs, reimbursement
shall be made with state funds [in an amount up to, but not exceeding,
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one hundred dollars] for each eligible child served in such preceding
year.
S 2. Subdivision 1 of section 2557 of the public health law, as
amended by section 4 of part C of chapter 1 of the laws of 2002, is
amended to read as follows:
1. The approved costs for an eligible child who receives an evaluation
and early intervention services pursuant to this title shall be a charge
upon the municipality wherein the eligible child resides or, where the
services are covered by the medical assistance program, upon the social
services district of fiscal responsibility with respect to those eligi-
ble children who are also eligible for medical assistance OR TO A THIRD
PARTY INSURANCE PLAN THROUGH WHICH THE ELIGIBLE CHILD IS A COVERED
MEMBER. All approved costs shall be paid in the first instance THROUGH
A THIRD PARTY INSURANCE PLAN OF WHICH THE ELIGIBLE CHILD IS A COVERED
MEMBER and at least quarterly, AND THEN by the appropriate governing
body or officer of the municipality upon vouchers presented and audited
in the same manner as the case of other claims against the municipality.
Notwithstanding the insurance law or regulations thereunder relating to
the permissible exclusion of payments for services under governmental
programs, OR PRIVATE THIRD PARTY INSURANCE THROUGH WHICH THE ELIGIBLE
CHILD IS A COVERED MEMBER no such exclusion shall apply with respect to
payments made pursuant to this title. [Notwithstanding the insurance law
or any other law or agreement to the contrary, benefits under this title
shall be considered secondary to any plan of insurance or state govern-
ment benefit program under which an eligible child may have coverage.]
Nothing in this section shall increase or enhance coverages provided for
within an insurance contract subject to the provisions of this title.
S 3. Subdivision 2 of section 2557 of the public health law, as
amended by section 9-a of part A of chapter 56 of the laws of 2012, is
amended to read as follows:
2. The department shall reimburse the approved costs paid by a munici-
pality for the purposes of this title, other than those reimbursable by
the medical assistance program or by third party payors, in an amount of
[fifty] ONE HUNDRED percent of the amount expended in accordance with
the rules and regulations of the commissioner[; provided, however, that
in the discretion of the department and with the approval of the direc-
tor of the division of the budget, the department may reimburse munici-
palities in an amount greater than fifty percent of the amount
expended]. Such state reimbursement to the municipality shall not be
paid prior to April first of the year in which the approved costs are
paid by the municipality, provided, however that, subject to the
approval of the director of the budget, the department may pay such
state aid reimbursement to the municipality prior to such date.
S 4. Section 2559-a of the public health law, as added by chapter 428
of the laws of 1992, is amended to read as follows:
S 2559-a. Transportation. The municipality in which an eligible child
resides shall, beginning with the first day of service, provide either
directly, by contract, or through reimbursement at a mileage rate
authorized by the municipality for the use of a private vehicle or for
other reasonable transportation costs, for suitable transportation
pursuant to section twenty-five hundred forty-five of this title
PROVIDED, HOWEVER, THAT THE MUNICIPALITY SHALL FIRST MAKE EVERY EFFORT
TO COORDINATE TRANSPORTATION SERVICES WITH OTHER HEALTH AND HUMAN
SERVICES PROGRAMS OPERATED WITHIN THE MUNICIPALITY. All contracts for
transportation of such children shall be provided pursuant to the proce-
dures set forth in section two hundred thirty-six of the family court
A. 2703 11
act, using the date on which the child's IFSP is implemented, in lieu of
the date the court order was issued; provided, however, that the city of
New York shall provide such transportation in accordance with the
provisions of chapter one hundred thirty of the laws of nineteen hundred
ninety-two, if applicable.
S 5. This act shall take effect immediately.
PART H
Section 1. Subdivisions 1, 2, 3, 5, 7 and 8 of section 503 of the
executive law, subdivisions 1, 2, 3, 5 and 8 as amended by chapter 465
of the laws of 1992, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 as amended by section 2 of subpart B of part Q of chapter 58 of
the laws of 2011, are amended to read as follows:
1. The division shall establish regulations for the operation of
secure [and non-secure] detention facilities pursuant to this article
and section two hundred eighteen-a of the county law. DETENTION SHALL
ONLY BE AVAILABLE AS A COURT MANDATED OPTION FOR YOUTH WHO ARE DEEMED TO
BE A DANGER TO THEMSELVES OR OTHERS. IN THE ABSENCE OF SUCH A FINDING
THE YOUTH SHALL BE PLACED WITH A COMMUNITY BASED VOLUNTARY AGENCY, OR
ALLOWED TO REMAIN WITH THEIR PARENT OR GUARDIAN PROVIDED, THE YOUTH IS
ADDITIONALLY ENROLLED IN COUNSELING OR UNDERGOING ADDICTION SERVICES AND
AGREES TO WEAR AN ANKLE MONITORING DEVICE.
2. To assure that adequate, suitable and conveniently accessible
accommodations and proper care will be available when required for
detention, the division may contract for or establish, operate, maintain
and certify secure [and non-secure] detention facilities if funds shall
have been made available for the lease or purchase and maintenance and
operation of appropriate facilities.
3. Each social services district may establish, operate and maintain
secure [and non-secure] detention facilities for the purposes defined in
section five hundred two of this article. Each such detention facility
shall be established, operated and maintained in compliance with this
article and the regulations of the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES.
5. No detention facility shall receive or care for children detained
pursuant to [the family court act or] the criminal procedure law unless
certified by the division, which certification shall include a maximum-
capacity which shall not be exceeded. No certification shall be issued
or renewed unless such a facility has developed and implemented a proce-
dure, consistent with appropriate collective bargaining agreements and
applicable provisions of the civil service law, for reviewing and evalu-
ating the backgrounds of and the information supplied by any person
applying to be an employee, volunteer or consultant, which shall include
but not be limited to the following requirements: that the applicant set
forth his or her employment history, provide personal and employment
references and sign a sworn statement indicating whether the applicant,
to the best of his or her knowledge, has ever been convicted of a crime
in this state or any other jurisdiction. CHILDREN DETAINED AS JUVENILE
OFFENDERS SHALL BE PLACED AT FACILITIES DEEMED BY THE COUNTY OR CITY OF
NEW YORK TO BE MOST APPROPRIATE TO ACCOMMODATE THE INDIVIDUAL CHILD'S
NEEDS, SUCH AS COMMUNITY BASED VOLUNTARY AGENCIES OR WHERE APPROPRIATE
SECURE DETENTION FACILITIES. COMMUNITY BASED VOLUNTARY AGENCIES OFFERING
PLACEMENT SERVICES MUST BE CERTIFIED BY THE COUNTY PURSUANT TO THE
PROVISIONS OF THIS SECTION PRIOR TO ACCEPTING PLACEMENTS.
A. 2703 12
(a) The division shall promulgate regulations governing procedures for
certification of detention facilities AND COMMUNITY BASED VOLUNTARY
AGENCIES and for renewal, suspension and revocation of such certif-
ications. Such regulations shall provide for a hearing prior to the
suspension or revocation of a certification.
(b) The office of children and family services OR THE COUNTY OR CITY
OF NEW YORK may suspend a certification for good cause shown. [Suspen-
sion shall mean that no persons coming within the provisions of article
three or seven of the family court act and no alleged or convicted juve-
nile offender may be received for care in a detention facility, but
persons already in care may remain in care.] The office OR THE COUNTY OR
CITY OF NEW YORK may impose such conditions in the event of a suspension
as it shall deem necessary and proper.
(c) Such office OR THE COUNTY OR CITY OF NEW YORK may revoke a certif-
ication for good cause shown. Revocation shall mean that no persons
[coming within the provisions of article three or seven of the family
court act and no alleged or convicted juvenile offender] may be received
for care nor remain at the detention facility OR COMMUNITY BASED VOLUN-
TARY AGENCY.
7. The person in charge of each detention facility OR COMMUNITY BASED
VOLUNTARY AGENCY shall keep a record of all time spent in such facility
for each youth in care. The detention facility shall deliver a certified
transcript of such record to the office, social services district, COUN-
TY OR CITY OF NEW YORK or other agency taking custody of the youth
pursuant to article three or seven of the family court act, before, or
at the same time as the youth is delivered to the office, district or
other agency, as is appropriate.
8. The division AND COUNTY OR CITY OF NEW YORK shall list all facili-
ties certified for the detention of children and shall file a copy of
that list periodically with the clerk of the family court in each coun-
ty, the clerk of the criminal court of the city of New York, the clerk
of the supreme court in each county within the city of New York and the
clerk of the county court in each county outside the city of New York.
S 2. Article 720 of the criminal procedure law is REPEALED.
S 3. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, [or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law,] or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law, in connection with the licensing, employ-
ment or providing of credit or insurance to such individual; provided,
further, that no person shall be required to divulge information
pertaining to any arrest or criminal accusation of such individual not
then pending against that individual which was followed by a termination
of that criminal action or proceeding in favor of such individual, as
A. 2703 13
defined in subdivision two of section 160.50 of the criminal procedure
law, [or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law,] or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law. The provisions of this subdivision shall
not apply to the licensing activities of governmental bodies in relation
to the regulation of guns, firearms and other deadly weapons or in
relation to an application for employment as a police officer or peace
officer as those terms are defined in subdivisions thirty-three and
thirty-four of section 1.20 of the criminal procedure law; [provided
further that the provisions of this subdivision shall not apply to an
application for employment or membership in any law enforcement agency
with respect to any arrest or criminal accusation which was followed by
a youthful offender adjudication, as defined in subdivision one of
section 720.35 of the criminal procedure law,] or by a conviction for a
violation sealed pursuant to section 160.55 of the criminal procedure
law, or by a conviction which is sealed pursuant to section 160.58 of
the criminal procedure law.
S 4. Subdivision 8 of section 508 of the executive law, as added by
chapter 560 of the laws of 1984 and such section as renumbered by chap-
ter 465 of the laws of 1992, is amended to read as follows:
8. Whenever a juvenile offender [or a juvenile offender adjudicated a
youthful offender] shall be delivered to the [director] COMMISSIONER of
[a division for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES facil-
ity pursuant to a commitment to the [director] COMMISSIONER of [the
division for youth] THE OFFICE OF CHILDREN AND FAMILY SERVICES, the
officer so delivering such person shall deliver to such facility direc-
tor a certified copy of the sentence received by such officer from the
clerk of the court by which such person shall have been sentenced, a
copy of the report of the probation officer's investigation and report,
any other pre-sentence memoranda filed with the court, a copy of the
person's fingerprint records, a detailed summary of available medical
records, psychiatric records and reports relating to assaults, or other
violent acts, attempts at suicide or escape by the person while in the
custody of a local detention facility.
S 5. Subdivisions 2 and 3 of section 510-c of the executive law,
subdivision 2 as amended by section 98 of subpart B of part C of chapter
62 of the laws of 2011 and subdivision 3 as amended by chapter 465 of
the laws of 1992, are amended to read as follows:
2. Except as provided in subdivision three of this section, any child
who has been placed with the office of children and family services
shall be deemed to have been discharged therefrom if, during the period
provided in the order of placement or extension thereof, the child is
convicted of a crime [or adjudicated a youthful offender,] and is
committed to an institution in the department of corrections and commu-
nity supervision or department of mental hygiene, or receives a one year
sentence in a local correctional facility.
3. A child placed with the division pursuant to a restrictive place-
ment under the family court act shall not be discharged solely by reason
of conviction for a crime [or adjudication as a juvenile delinquent or
youthful offender], nor shall any such child be discharged except pursu-
ant to section 353.5 of the family court act.
S 6. Subdivision 4 of section 837-a of the executive law, as added by
chapter 481 of the laws of 1978, is amended to read as follows:
A. 2703 14
4. Collect, analyze and maintain all reports, statements and tran-
scripts forwarded to the division concerning the reasons for imposition
of a sentence other than an indeterminate sentence of imprisonment upon
an armed felony offender as defined in subdivision forty-one of section
1.20 of the criminal procedure law; the reasons for the removal of an
action involving a juvenile offender, as defined in subdivision forty-
two of section 1.20 of the criminal procedure law, AND to the family
court[; and the reasons for a finding that a youth who has been
convicted of an armed felony offense is to be treated as a youthful
offender]. Such reports, statements and transcripts shall be made avail-
able for public inspection except that in the case of a juvenile offen-
der [or a youthful offender], those portions which identify the offender
shall be deleted. The commissioner may promulgate such rules and regu-
lations with respect to the form of such reports, statements and tran-
scripts.
S 7. Subparagraph 1 of paragraph (d) of subdivision 7 of section 49-a
of the navigation law, as amended by chapter 391 of the laws of 1998, is
amended to read as follows:
(1) Any privilege to operate a vessel which has been suspended pursu-
ant to paragraph (c) of this subdivision shall not be restored for six
months after such suspension. However, no such privilege shall be
restored for at least one year after such suspension in any case where
the person was under the age of twenty-one at the time of the offense,
has had a prior suspension resulting from refusal to submit to a chemi-
cal test pursuant to this subdivision or subdivision six of section
forty-nine-b of this article, or has been convicted of a violation of
any paragraph of subdivision two of this section not arising out of the
same incident, within the five years immediately preceding the date of
such suspension; provided, however, a prior finding that a person under
the age of twenty-one has refused to submit to a chemical test pursuant
to such subdivision six of section forty-nine-b of this article shall
have the same effect as a prior finding of a refusal pursuant to this
subdivision solely for the purpose of determining the length of any
suspension required to be imposed under any provision of this article,
provided that the subsequent offense or refusal is committed or occurred
prior to the expiration of the retention period for such prior refusal
as set forth in paragraph (k) of subdivision one of section two hundred
one of the vehicle and traffic law. Notwithstanding any provision of
this paragraph to the contrary, any privilege to operate a vessel which
has been suspended pursuant to paragraph (c) of this subdivision, where
the person was under the age of twenty-one at the time of the refusal,
and such person under the age of twenty-one has a prior finding[,] OR
conviction [or youthful offender adjudication] resulting from a
violation of this section or section forty-nine-b of this article, not
arising from the same incident, shall not be restored for at least one
year or until such person reaches the age of twenty-one years, whichever
is the greater period of time.
S 8. Paragraph (d) of subdivision 6 and paragraph (b) of subdivision 9
of section 49-b of the navigation law, as added by chapter 391 of the
laws of 1998, are amended to read as follows:
(d) Any privilege which has been suspended pursuant to paragraph (c)
of this subdivision shall not be restored for one year after such
suspension. Where such person under the age of twenty-one years has a
prior finding[,] OR conviction [or youthful offender adjudication]
resulting from a violation of this section or section forty-nine-a of
this article, not arising from the same incident, such privilege shall
A. 2703 15
not be restored for at least one year or until such person reaches the
age of twenty-one years, whichever is the greater period of time.
(b) The suspension of operating privileges pursuant to this subdivi-
sion shall be for one year or until such person reaches the age of twen-
ty-one, whichever is the greater period of time, where such person has
been found to have operated a vessel after having consumed alcohol in
violation of this section, and has previously been found to have oper-
ated a vessel after having consumed alcohol in violation of this section
or has previously been convicted of[, or adjudicated a youthful offender
for] any violation of section forty-nine-a of this article not arising
out of the same incident.
S 9. Subdivision 7 of section 201 of the vehicle and traffic law is
REPEALED.
S 10. Section 60.02 of the penal law is REPEALED.
S 11. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
1. When a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section 70.05
[or sentence him upon a youthful offender finding in accordance with
section 60.02] of this chapter.
2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of a conviction of a juvenile
offender, [other than a juvenile offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the criminal procedure
law,] as a previous or predicate felony offender under section 70.04,
70.06, 70.08 or 70.10, when sentencing a person who commits a felony
[after he has reached the age of sixteen].
S 12. Subdivision 10 of section 60.35 of the penal law is REPEALED.
S 13. Paragraph (h) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 508 of the laws of 2001, is amended to read
as follows:
(h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution or agency, including but not limited to services
for the [division of] OFFICE OF ALCOHOLISM AND substance abuse services,
services in an appropriate community program for removal of graffiti
from public or private property, including any property damaged in the
underlying offense, or services for the maintenance and repair of real
or personal property maintained as a cemetery plot, grave, burial place
or other place of interment of human remains. Provided however, that the
performance of any such services shall not result in the displacement of
employed workers or in the impairment of existing contracts for
services, nor shall the performance of any such services be required or
permitted in any establishment involved in any labor strike or lockout.
The court may establish provisions for the early termination of a
sentence of probation or conditional discharge pursuant to the
provisions of subdivision three of section 410.90 of the criminal proce-
dure law after such services have been completed. Such sentence may only
be imposed upon conviction of a misdemeanor, violation, or class D or
class E felony, [or a youthful offender finding replacing any such
conviction,] where the defendant has consented to the amount and condi-
tions of such service;
A. 2703 16
S 14. Paragraphs (a) and (b) of subdivision 4 of section 70.20 of the
penal law, as amended by section 124 of subpart B of part C of chapter
62 of the laws of 2011, are amended to read as follows:
(a) Notwithstanding any other provision of law to the contrary, a
juvenile offender[, or a juvenile offender who is adjudicated a youthful
offender and] given an indeterminate or a definite sentence, shall be
committed to the custody of the commissioner of the office of children
and family services who shall arrange for the confinement of such offen-
der in secure facilities of the office. The release or transfer of such
offenders from the office of children and family services shall be
governed by section five hundred eight of the executive law.
(b) The court in committing a juvenile offender [and youthful offen-
der] to the custody of the office of children and family services shall
inquire as to whether the parents or legal guardian of the youth, if
present, will consent for the office of children and family services to
provide routine medical, dental and mental health services and treat-
ment.
S 15. Subdivision 1 of section 205.00 of the penal law, as amended by
chapter 207 of the laws of 1972, is amended to read as follows:
1. "Detention Facility" means any place used for the confinement,
pursuant to an order of a court, of a person (a) charged with or
convicted of an offense, or (b) charged with being or adjudicated a
[youthful offender,] person in need of supervision or juvenile delin-
quent, or (c) held for extradition or as a material witness, or (d)
otherwise confined pursuant to an order of a court.
S 16. Subdivision 3 of section 205.10 of the penal law is REPEALED.
S 17. Subdivision 3 of section 205.15 of the penal law is REPEALED.
S 18. Subdivision 1 of section 402 of the correction law, as added by
chapter 766 of the laws of 1976, is amended to read as follows:
1. Whenever the physician of any correctional facility, any county
penitentiary, county jail or workhouse, any reformatory for women, or of
any other correctional institution, shall report in writing to the
superintendent that any person undergoing a sentence of imprisonment [or
adjudicated to be a youthful offender] or juvenile delinquent confined
therein is, in his opinion, mentally ill, such superintendent shall
apply to a judge of the county court or justice of the supreme court in
the county to cause an examination to be made of such person by two
examining physicians. Such physicians shall be designated by the judge
to whom the application is made. Each such physician, if satisfied,
after a personal examination, that such inmate is mentally ill and in
need of care and treatment, shall make a certificate to such effect.
Before making such certificate, however, he shall consider alternative
forms of care and treatment available during confinement in such correc-
tional facility, penitentiary, jail, reformatory or correctional insti-
tution that might be adequate to provide for such inmate's needs without
requiring hospitalization. If the examining physician knows that the
person he is examining has been under prior treatment, he shall, insofar
as possible, consult with the physician or psychologist furnishing such
prior treatment prior to making his certificate.
S 19. Subdivision 1 of section 160.30 of the criminal procedure law,
as amended by chapter 920 of the laws of 1982, is amended to read as
follows:
1. Upon receiving fingerprints from a police officer or agency pursu-
ant to section 160.20 of this chapter, the division of criminal justice
services must, except as provided in subdivision two of this section,
classify them and search its records for information concerning a previ-
A. 2703 17
ous record of the defendant, including any adjudication as a juvenile
delinquent pursuant to article three of the family court act, [or as a
youthful offender pursuant to article seven hundred twenty of this chap-
ter,] and promptly transmit to such forwarding police officer or agency
a report containing all information on file with respect to such defend-
ant's previous record, if any, or stating that the defendant has no
previous record according to its files. Such a report, if certified,
constitutes presumptive evidence of the facts so certified.
S 20. Subdivision 1 of section 170.56 of the criminal procedure law,
as amended by chapter 360 of the laws of 1977, is amended to read as
follows:
1. Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts charge a violation or violations of
section 221.05, 221.10, 221.15, 221.35 or 221.40 of the penal law and
before the entry of a plea of guilty thereto or commencement of a trial
thereof, the court, upon motion of a defendant, may order that all
proceedings be suspended and the action adjourned in contemplation of
dismissal, or upon a finding that adjournment would not be necessary or
appropriate and the setting forth in the record of the reasons for such
findings, may dismiss in furtherance of justice the accusatory instru-
ment; provided, however, that the court may not order such adjournment
in contemplation of dismissal or dismiss the accusatory instrument if:
(a) the defendant has previously been granted such adjournment in
contemplation of dismissal, or (b) the defendant has previously been
granted a dismissal under this section, or (c) the defendant has previ-
ously been convicted of any offense involving controlled substances, or
(d) the defendant has previously been convicted of a crime and the
district attorney does not consent [or (e) the defendant has previously
been adjudicated a youthful offender on the basis of any act or acts
involving controlled substances and the district attorney does not
consent].
S 21. Subparagraph (i) of paragraph (a) of subdivision 3 of section
216.05 of the criminal procedure law is REPEALED.
S 22. Subparagraph (i) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law, as amended by chapter 410 of the
laws of 1979, is amended to read as follows:
(i) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class A felony, may not be
accepted on the condition that it constitutes a complete disposition of
one or more other indictments against the defendant wherein is charged a
class A-I felony as defined in article two hundred twenty of the penal
law or the attempt to commit any such class A-I felony[, except that an
eligible youth, as defined in subdivision two of section 720.10, may
plea to a class B felony, upon consent of the district attorney, for
purposes of adjudication as a youthful offender].
S 23. Subdivision 7 of section 340.40 of the criminal procedure law is
REPEALED.
S 24. Paragraph (b) of subdivision 1 of section 390.15 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
(b) For the purposes of this section, the [terms "defendant",
"conviction" and "sentence" mean and include, respectively, an "eligible
youth," a "youthful offender finding" and a "youthful offender sentence"
as those terms are defined in section 720.10 of this chapter. The] term
"victim" means the person with whom the defendant engaged in an act of
A. 2703 18
"sexual intercourse", "oral sexual conduct" or "anal sexual conduct", as
those terms are defined in section 130.00 of the penal law, where such
conduct with such victim was the basis for the defendant's conviction of
an offense specified in paragraph (a) of this subdivision.
S 25. Subparagraph (v) of paragraph (a) of subdivision 2 of section
510.30 of the criminal procedure law, as amended by chapter 920 of the
laws of 1982, is amended to read as follows:
(v) His record of previous adjudication as a juvenile delinquent, as
retained pursuant to section 354.2 of the family court act, or, of pend-
ing cases where fingerprints are retained pursuant to section 306.1 of
such act[, or a youthful offender, if any]; and
S 26. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by section 1 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction for any crime or violation between
spouses, between a parent and child, or between members of the same
family or household as defined in subdivision one of section 530.11 of
this article, the court may in addition to any other disposition,
including a conditional discharge [or youthful offender adjudication,]
enter an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for issuing or
not issuing an order of protection. The duration of such an order shall
be fixed by the court and: (A) in the case of a felony conviction, shall
not exceed the greater of: (i) eight years from the date of such
sentencing, or (ii) eight years from the date of the expiration of the
maximum term of an indeterminate or the term of a determinate sentence
of imprisonment actually imposed; or (B) in the case of a conviction for
a class A misdemeanor, shall not exceed the greater of: (i) five years
from the date of such sentencing, or (ii) five years from the date of
the expiration of the maximum term of a definite or intermittent term
actually imposed; or (C) in the case of a conviction for any other
offense, shall not exceed the greater of: (i) two years from the date of
sentencing, or (ii) two years from the date of the expiration of the
maximum term of a definite or intermittent term actually imposed. [For
purposes of determining the duration of an order of protection entered
pursuant to this subdivision, a conviction shall be deemed to include a
conviction that has been replaced by a youthful offender adjudication.]
In addition to any other conditions, such an order may require the
defendant:
S 27. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by section 2 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction for any crime or violation between
spouses, between a parent and child, or between members of the same
family or household as defined in subdivision one of section 530.11 of
this article, the court may in addition to any other disposition,
[including a conditional discharge or youthful offender adjudication,]
enter an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for issuing or
not issuing an order of protection. The duration of such an order shall
be fixed by the court and, in the case of a felony conviction, shall not
exceed the greater of: (i) five years from the date of such sentencing,
or (ii) three years from the date of the expiration of the maximum term
of an indeterminate sentence of imprisonment actually imposed; or in the
case of a conviction for a class A misdemeanor, shall not exceed three
years from the date of such sentencing; or in the case of a conviction
A. 2703 19
for any other offense, shall not exceed one year from the date of
sentencing. [For purposes of determining the duration of an order of
protection entered pursuant to this subdivision, a conviction shall be
deemed to include a conviction that has been replaced by a youthful
offender adjudication.] In addition to any other conditions, such an
order may require the defendant:
S 28. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 3 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction for any offense, where the court has
not issued an order of protection pursuant to section 530.12 of this
article, the court may, in addition to any other disposition, [including
a conditional discharge or youthful offender adjudication,] enter an
order of protection. Where a temporary order of protection was issued,
the court shall state on the record the reasons for issuing or not issu-
ing an order of protection. The duration of such an order shall be fixed
by the court and; (A) in the case of a felony conviction, shall not
exceed the greater of: (i) eight years from the date of such sentencing,
or (ii) eight years from the date of the expiration of the maximum term
of an indeterminate or the term of a determinate sentence of imprison-
ment actually imposed; or (B) in the case of a conviction for a class A
misdemeanor, shall not exceed the greater of: (i) five years from the
date of such sentencing, or (ii) five years from the date of the expira-
tion of the maximum term of a definite or intermittent term actually
imposed; or (C) in the case of a conviction for any other offense, shall
not exceed the greater of: (i) two years from the date of sentencing, or
(ii) two years from the date of the expiration of the maximum term of a
definite or intermittent term actually imposed. [For purposes of deter-
mining the duration of an order of protection entered pursuant to this
subdivision, a conviction shall be deemed to include a conviction that
has been replaced by a youthful offender adjudication.] In addition to
any other conditions such an order may require that the defendant:
S 29. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 4 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction for any offense, where the court has
not issued an order of protection pursuant to section 530.12 of this
article, the court may, in addition to any other disposition, [including
a conditional discharge or youthful offender adjudication,] enter an
order of protection. Where a temporary order of protection was issued,
the court shall state on the record the reasons for issuing or not issu-
ing an order of protection. The duration of such an order shall be fixed
by the court and, in the case of a felony conviction, shall not exceed
the greater of: (i) five years from the date of such sentencing, or (ii)
three years from the date of the expiration of the maximum term of an
indeterminate sentence of imprisonment actually imposed; or in the case
of a conviction for a class A misdemeanor, shall not exceed three years
from the date of such sentencing; or in the case of a conviction for any
other offense, shall not exceed one year from the date of sentencing.
[For purposes of determining the duration of an order of protection
entered pursuant to this subdivision, a conviction shall be deemed to
include a conviction that has been replaced by a youthful offender adju-
dication.] In addition to any other conditions such an order may require
that the defendant:
S 30. This act shall take effect immediately, provided that the amend-
ments to the opening paragraph of subdivision 5 of section 530.12 of the
A. 2703 20
criminal procedure law made by section twenty-six of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
subdivision d of section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section twenty-seven of
this act shall take effect; provided further, that, the amendments to
the opening paragraph of subdivision 4 of section 530.13 of the criminal
procedure law made by section twenty-eight of this act shall be subject
to the expiration and reversion of such paragraph pursuant to subdivi-
sion d of section 74 of chapter 3 of the laws of 1995, as amended, when
upon such date the provisions of section twenty-nine of this act shall
take effect.
PART I
Section 1. Section 1323 of the retirement and social security law, as
added by chapter 18 of the laws of 2012, is amended to read as follows:
S 1323. Additional member contributions. A. Upon election by the city
of New York, the retirement system shall require additional member
contributions to be paid by all eligible employees. The additional
member contributions to be paid by eligible employees shall be of a
level so that no additional contributions shall be paid by the city of
New York to cover the cost of such additional benefits. Additional
member contributions made pursuant to this section shall be in addition
to member contributions paid pursuant to other provisions of this chap-
ter.
B. ANY MEMBER WHO BECAME A MEMBER ON OR AFTER JULY TWENTY-SEVENTH,
NINETEEN HUNDRED SEVENTY-SIX, MAY ELECT TO MAKE ADDITIONAL CONTRIBUTIONS
OVER THE THREE PERCENT REQUIREMENT.
S 2. Section 100 of the retirement and social security law is amended
to read as follows:
S 100. Payment of retirement allowances. A. Retirement allowances
shall be payable on the first day of each and every month beginning on
the first day of the month following the effective date of retirement.
Upon the death of a retired member, however, the retirement allowance
due for that part of the month prior to his death shall be paid forth-
with.
B. RETIREMENT ALLOWANCES SHALL ONLY BE BASED UPON THE SALARY OF A
MEMBER. MEMBERS WHO ARE ALLOWED TO WORK OVERTIME HOURS WILL NOT BE
ELIGIBLE TO APPLY ANY OF THE OVERTIME HOURS WORKED TOWARDS THEIR RETIRE-
MENT.
S 3. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective dates of Parts A through I of this act shall be
as specifically set forth in the last section of such Parts.