The New York State Senate

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

                                  5740

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced by Sens. MARTINS, GALLIVAN, NOZZOLIO, YOUNG -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Rules

AN ACT to amend the correction law, the state finance law, the penal law
  and the criminal procedure law, in relation to correctional facilities
  solely for the confinement of individuals aged sixteen  and  seventeen
  years

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

  Section 1. Subdivision 3 of  section  70  of  the  correction  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN ONE OR MORE CORREC-
TIONAL FACILITIES SOLELY FOR THE CONFINEMENT OF THOSE  INDIVIDUALS  AGED
SIXTEEN AND SEVENTEEN YEARS COMMITTED TO THE CUSTODY OF THE DEPARTMENT.
  S  2. Subdivision 4 of section 500-b of the correction law, as amended
by section 1 of part M of chapter 55 of the laws of 2014, is amended  to
read as follows:
  4.  No  person  under eighteen years of age shall be placed or kept or
allowed to be at any time with any prisoner or prisoners eighteen  years
of  age  or older, in any room, dormitory, cell or tier of the buildings
of such institution unless  separately  grouped  to  prevent  access  to
persons  under  eighteen years of age by prisoners eighteen years of age
or older.  WHEN AT ALL PRACTICABLE, IN AREAS OUTSIDE OF  HOUSING  UNITS,
MAINTAIN SIGHT AND SOUND SEPARATION BETWEEN INMATES UNDER EIGHTEEN YEARS
OLD  AND ADULT INMATES OR PROVIDE DIRECT STAFF SUPERVISION WHEN YOUTHFUL
INMATES AND ADULT INMATES HAVE SIGHT, SOUND, OR  PHYSICAL  CONTACT.  THE
CHIEF  ADMINISTRATIVE  OFFICER  SHALL MAKE BEST EFFORTS TO AVOID PLACING
INMATES UNDER EIGHTEEN YEARS  OLD  IN  ISOLATION  TO  COMPLY  WITH  THIS
PROVISION.
  S  3. The state finance law is amended by adding a new section 53-e to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11458-02-5

S. 5740                             2

  S 53-E. CONFINEMENT OF YOUTH. 1. WITHIN THE APPROPRIATION MADE  AVAIL-
ABLE  FOR  SERVICES  AND EXPENSES RELATED TO RAISING THE AGE OF JUVENILE
JURISDICTION, PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF  TWO  THOU-
SAND  FIFTEEN,  A PORTION OF SUCH FUNDS SHALL BE MADE AVAILABLE TO LOCAL
CORRECTIONAL  FACILITIES,  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
TWO OF THE CORRECTION LAW, FOR SUCH NEEDS  AS  MAY  ARISE  IN  ORDER  TO
COMPLY WITH SUBDIVISION FOUR OF SECTION FIVE HUNDRED-B OF THE CORRECTION
LAW.
  2.  WITHIN  THE APPROPRIATION MADE AVAILABLE FOR SERVICES AND EXPENSES
RELATED TO RAISING THE AGE OF JUVENILE JURISDICTION, PURSUANT TO CHAPTER
FIFTY-THREE OF THE LAWS OF TWO THOUSAND FIFTEEN, A PORTION OF SUCH FUNDS
SHALL BE MADE AVAILABLE TO LOCAL CORRECTIONAL FACILITIES, AS DEFINED  BY
SUBDIVISION  SIXTEEN  OF SECTION TWO OF THE CORRECTION LAW, FOR SERVICES
INCLUDING BUT NOT LIMITED TO EDUCATIONAL NEEDS, MENTAL HEALTH  TREATMENT
AND SUBSTANCE ABUSE SERVICES.
  3.  WITHIN  THE APPROPRIATION MADE AVAILABLE FOR SERVICES AND EXPENSES
RELATED TO RAISING THE AGE OF JUVENILE JURISDICTION, PURSUANT TO CHAPTER
FIFTY-THREE OF THE LAWS OF TWO THOUSAND FIFTEEN, A PORTION OF SUCH FUNDS
SHALL BE MADE AVAILABLE TO  THE  FAMILY  COURT  SYSTEM,  FOR  ADDITIONAL
NEEDS,  INCLUDING  BUT  NOT  LIMITED  TO  ADMINISTRATIVE COSTS, EXTENDED
HOURS, AND CASELOAD MANAGEMENT  THAT  ARISE  FROM  ADDITIONAL  CASES  OF
SIXTEEN AND SEVENTEEN YEAR OLDS.
  S  4.  Subdivision  18 of section 10.00 of the penal law is amended by
adding a new paragraph 3 to read as follows:
  (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY  RESPON-
SIBLE FOR ACTS CONSTITUTING ANY CRIMES WHICH ARE CLASSIFIED AS MISDEMEA-
NOR OFFENSES IN THIS CHAPTER.
  S  5.  The  criminal  procedure law is amended by adding a new section
170.75 to read as follows:
S 170.75 PROCEEDINGS  UPON  INFORMATION,  PROSECUTOR'S  INFORMATION  AND
           MISDEMEANOR COMPLAINT; JUVENILE OFFENDER.
  1. A LOCAL CRIMINAL COURT SHALL, AT THE REQUEST OF THE DISTRICT ATTOR-
NEY, ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER TO THE FAMI-
LY   COURT,   PURSUANT  TO  THE  PROVISIONS  OF  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THIS CHAPTER IF, UPON CONSIDERATION OF  THE  FACTORS  SET
FORTH  IN  SUBDIVISION  TWO OF SECTION 210.43 OF THIS CHAPTER, THE COURT
DETERMINED THAT REMOVAL OF THE ACTION TO THE FAMILY COURT  WOULD  BE  IN
THE INTERESTS OF JUSTICE.
  2.  IF,  BASED  ON THE REQUIREMENTS SET FORTH UNDER SUBDIVISION ONE OF
THIS SECTION, THE COURT ORDERS REMOVAL OF THE ACTION TO FAMILY COURT, IT
SHALL STATE ON THE RECORD THE FACTOR OR FACTORS UPON WHICH ITS  DETERMI-
NATION  IS  BASED,  AND  THE COURT SHALL GIVE ITS REASONS FOR REMOVAL IN
DETAIL AND NOT IN CONCLUSORY TERMS.
  S 6. Section 725.00 of the criminal procedure law, as amended by chap-
ter 411 of the laws of 1979, is amended to read as follows:
S 725.00  Applicability.
  The provisions of this article apply in any case where a court directs
that an action or charge is to be removed  to  the  family  court  under
section 170.75, 180.75, 190.71, 210.43, 220.10, 310.85 or 330.25 of this
chapter.
  S  7.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 4 of section 500-b of the  correction  law
made  by  section  two  of  this act shall not affect the repeal of such
section and shall be deemed to repeal therewith.