S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10855
 
                           I N  A S S E M B L Y
 
                               May 24, 2018
                                ___________
 
 Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  notification
   to,  and  engagement  of, parents in proceedings involving sixteen and
   seventeen year old defendants in youth parts in superior courts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 7 of section 120.90 of the criminal procedure
 law, as amended by section 16 of part WWW of chapter 59 of the  laws  of
 2017, is amended to read as follows:
   7.  Upon  arresting  a  juvenile  offender or adolescent offender, the
 police officer shall immediately  notify  the  parent  or  other  person
 legally  responsible  for  his OR HER care or the person with whom he OR
 SHE is domiciled, that the juvenile offender or adolescent offender  has
 been  arrested,  [and]  the  location of the facility where he OR SHE is
 being detained OR QUESTIONED AND THE LOCATION OF THE COURT WHERE  HE  OR
 SHE  WILL  BE  ARRAIGNED  OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE
 TIME IF KNOWN.
   § 2. The opening paragraph of subdivision 6 of section 140.20  of  the
 criminal  procedure law, as amended by section 20 of part WWW of chapter
 59 of the laws of 2017, is amended to read as follows:
   Upon arresting a juvenile offender or a person sixteen  or  commencing
 October  first,  two thousand nineteen, seventeen years of age without a
 warrant, the police officer shall immediately notify the parent or other
 person legally responsible for his or her care or the person  with  whom
 he  or she is domiciled, that such offender or person has been arrested,
 and the location of the facility where he or she is  being  detained  OR
 QUESTIONED  AND  THE  LOCATION  OF  THE  COURT  WHERE  HE OR SHE WILL BE
 ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF  KNOWN.
 If  the  officer  determines that it is necessary to question a juvenile
 offender or such person, the officer must take him or her to a  facility
 designated  by the chief administrator of the courts as a suitable place
 for the questioning of children or, upon the  consent  of  a  parent  or
 other  person  legally  responsible for the care of the juvenile or such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14580-02-8

 A. 10855                            2
 
 person, to his or her residence and there question  him  or  her  for  a
 reasonable  period of time. A juvenile or such person shall not be ques-
 tioned pursuant to this section unless he or she and a  person  required
 to  be  notified  pursuant  to  this  subdivision, if present, have been
 advised:
   § 3. The opening paragraph of subdivision 5 of section 140.27  of  the
 criminal  procedure law, as amended by section 23 of part WWW of chapter
 59 of the laws of 2017, is amended to read as follows:
   Upon arresting a juvenile offender or a person sixteen  or  commencing
 October  first,  two thousand nineteen, seventeen years of age without a
 warrant, the peace officer shall immediately notify the parent or  other
 person  legally  responsible for his or her care or the person with whom
 he or she is domiciled, that such offender or person has been  arrested,
 and  the  location  of the facility where he or she is being detained OR
 QUESTIONED AND THE LOCATION OF  THE  COURT  WHERE  HE  OR  SHE  WILL  BE
 ARRAIGNED  OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF KNOWN.
 If the officer determines that it is necessary to  question  a  juvenile
 offender  or such person, the officer must take him or her to a facility
 designated by the chief administrator of the courts as a suitable  place
 for  the  questioning  of  children  or, upon the consent of a parent or
 other person legally responsible for the care of a juvenile offender  or
 such person, to his or her residence and there question him or her for a
 reasonable  period of time. A juvenile offender or such person shall not
 be questioned pursuant to this section unless the juvenile  offender  or
 such person and a person required to be notified pursuant to this subdi-
 vision, if present, have been advised:
   §  4.  The opening paragraph of subdivision 5 of section 140.40 of the
 criminal procedure law, as amended by section 24 of part WWW of  chapter
 59 of the laws of 2017, is amended to read as follows:
   If  a  police  officer takes an arrested juvenile offender or a person
 sixteen or commencing October first, two [thosuand]  THOUSAND  nineteen,
 seventeen years of age into custody, the police officer shall immediate-
 ly  notify the parent or other person legally responsible for his or her
 care or the person with whom he or she is domiciled, that such  offender
 or  person  has been arrested, and the location of the facility where he
 or she is being detained OR QUESTIONED AND THE  LOCATION  OF  THE  COURT
 WHERE  HE  OR  SHE  WILL BE ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND
 APPROXIMATE TIME IF KNOWN. If the officer determines that it  is  neces-
 sary  to  question  a  juvenile offender or such person the officer must
 take him or her to a facility designated by the chief  administrator  of
 the  courts as a suitable place for the questioning of children or, upon
 the consent of a parent or other person legally responsible for the care
 of the juvenile offender or such person, to his  or  her  residence  and
 there  question  him  or her for a reasonable period of time. A juvenile
 offender or such person shall not be questioned pursuant to this section
 unless he or she and a person required to be notified pursuant  to  this
 subdivision, if present, have been advised:
   § 5. Subdivision 1 of section 722.00 of the criminal procedure law, as
 added  by  section 1-a of part WWW of chapter 59 of the laws of 2017, is
 amended to as follows:
   1. All juvenile offenders and adolescent offenders shall  be  notified
 of  the availability of services through the local probation department.
 Such services shall include the ability of the probation  department  to
 conduct  a risk and needs assessment, utilizing a validated risk assess-
 ment tool, in  order  to  help  determine  suitable  and  individualized
 programming  and referrals. Participation in such risk and needs assess-

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 ment shall be voluntary and the adolescent offender or juvenile offender
 may be accompanied by counsel during any such  assessment.    THE  LOCAL
 PROBATION  DEPARTMENT  SHALL MAKE REASONABLE AND SUBSTANTIAL EFFORTS  TO
 SECURE  THE  PARTICIPATION OF THE PARENT OR OTHER PERSON RESPONSIBLE FOR
 THE CARE OF THE JUVENILE OFFENDER OR ADOLESCENT OFFENDER IN THE RISK AND
 NEEDS ASSESSMENT BUT SHALL NOT  BE  PREVENTED  FROM  PROCEEDING  BY  THE
 ABSENCE  OF  SUCH  PARENT OR PERSON. Based upon the assessment findings,
 the probation department shall refer the adolescent offender or juvenile
 offender to available and appropriate services.
   § 6. Section 722.10 of the criminal procedure law is amended by adding
 a new subdivision 3 to read as follows:
   3. IN ALL PROCEEDINGS UNDER THIS ARTICLE, THE PARENT OR  OTHER  PERSON
 RESPONSIBLE FOR THE CARE OF THE JUVENILE OFFENDER OR ADOLESCENT OFFENDER
 SHALL  BE  PRESENT.  HOWEVER,  THE  COURT  SHALL  NOT  BE PREVENTED FROM
 PROCEEDING BY THE ABSENCE OF SUCH PARENT OR  PERSON  IF  REASONABLE  AND
 SUBSTANTIAL EFFORT HAS BEEN MADE TO NOTIFY SUCH PARENT OR OTHER PERSON.
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 sections one, two, three and four of this act shall take effect  on  the
 same  date  and in the same manner as sections 16, 20, 23 and 24 of part
 WWW of chapter 59 of the laws of 2017,  respectively,  take  effect  and
 sections five and six of this act shall take effect on the same date and
 in  the same manner as section 1-a of part WWW of chapter 59 of the laws
 of 2017, takes effect.