NY State Senate Bill 2015-S5740

Senate Bill S5740

2015-2016 Legislative Session

Relates to correctional facilities solely for the confinement of individuals aged sixteen and seventeen years

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction
Jun 01, 2015	referred to rules

co-Sponsors

2015-S5740 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§70 & 500-b, Cor L; add §53-e, St Fin L; amd §10.00, Pen L; add §170.75, amd §725.00, CP L

2015-S5740 (ACTIVE) - Summary

Requires the commissioner of corrections and community supervision to establish and maintain one or more correctional facilities solely for the confinement of individuals aged sixteen and seventeen years; requires that within appropriations made available for services and expenses related to raising the age of juvenile jurisdiction, pursuant to chapter 53 of the laws of 2015, a portion of such funds shall be made available to local correctional facilities; relates to proceedings upon information, prosecutor's information and misdemeanor complaint for juvenile offenders.

2015-S5740 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5740

TITLE OF BILL:  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

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 3 of section 70 of the correction law by
adding a new paragraph (c).

Section 2 amends subdivision 4 of section 500-b of the correction law.

Section 3 amends the state finance law by adding a new section 53-3.

Section 4 amends subdivision 18 of section 10.00 the penal law by
adding a new paragraph (3).

Section 5 amends the criminal procedure law by adding a new section
170.75.

Section 6 amends section 725.00 of the criminal procedure law.

Section 7 provides 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.

JUSTIFICATION:

In 2003, Congress passed the Prison Rape Elimination Act (PREA) which
became effective in 2012, and set standards for the housing of
juvenile inmates designed to eliminate rape in facilities. Included in
the standards is a section specifically for juvenile inmates. This
bill ensures that state and local facilities adhere to federal
standards.

Justice is best served when criminal cases are evaluated on a case by
case basis, considering their individual facts and circumstances.
Procedures currently exist under Article 725 of the criminal procedure
law to remove certain criminal cases to family court. This bill would
expand the type of cases that could be removed to family court, by
allowing misdemeanor offenses committed by those 16 and 17 years old
to be removed under current procedures.A clearly articulated
determination by the Judge, upon consent of the District Attorney,
will best serve not only the 16 and 17 year old defendants, but also
community safety, as well as preserve the rights of crime victims.

In order to meet the financial demands that may arise, this bill would
also allocate funds appropriated in the 2015 budget for raising the
age of criminal responsibility to county jails for compliance with
PREA standards addressing juvenile inmates and to provide educational,
mental health and substance abuse services to inmates 16 and 17 years
old. It also provides funds to family court for additional costs that
may arise from an increased caseload.


LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

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.

2015-S5740 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S5740

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Sponsored By

Jack M. Martins