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Assembly Bill A10609

2017-2018 Legislative Session

Relates to the adjustment of juvenile delinquency cases by local departments of probation

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Archive: Last Bill Status - In Assembly Committee

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2017-A10609 (ACTIVE) - Details

See Senate Version of this Bill:
S7887
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§308.1 & 320.6, Fam Ct Act

2017-A10609 (ACTIVE) - Summary

Relates to the adjustment of juvenile delinquency cases by local departments of probation.

2017-A10609 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10609
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act, in relation to adjustment of juve-
   nile delinquency cases by local departments of probation in the family
   court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 8 and 9 of section 308.1 of the family court
 act, subdivision 8 as amended by chapter 398 of the  laws  of  1983  and
 subdivision  9  as added by chapter 920 of the laws of 1982, are amended
 to read as follows:
   8. The probation service [may not prevent any  person  who  wishes  to
 request  that  a petition be filed from having access to the appropriate
 presentment agency for that purpose] SHALL CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER ADJUSTMENT UNDER THIS SECTION WOULD BE SUITABLE.
   9. Efforts at adjustment pursuant to rules of court under this section
 may  not  extend  for  a  period of more than [two] THREE months without
 leave of the court, which may extend the period for  an  additional  two
 months.
   §  2.  Subdivision  2  of  section  320.6  of the family court act, as
 amended by chapter 926 of the laws  of  1982,  is  amended  to  read  as
 follows:
   2.  At  the  initial  appearance  OR AT ANY SUBSEQUENT APPEARANCE, the
 court may[, with the consent  of  the  victim  or  complainant  and  the
 respondent,]  refer  a  case  to  the  probation  service for adjustment
 services.   THE PROBATION  SERVICE  SHALL  CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER  ADJUSTMENT  UNDER  THIS  SECTION WOULD BE SUITABLE. In the case of a
 designated felony petition, the consent of the presentment agency  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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