Assembly Bill A10993

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10993
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in relation to establishing the
   domestic  violence rehabilitation program; and to amend the penal law,
   in relation to mandatory domestic violence counseling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 459-i to read as follows:
   § 459-I. DOMESTIC VIOLENCE REHABILITATION PROGRAM. 1. THERE IS  HEREBY
 ESTABLISHED  A  DOMESTIC  VIOLENCE  REHABILITATION  PROGRAM  WITHIN  THE
 DEPARTMENT.   THE  COMMISSIONER  SHALL  ESTABLISH,  BY  REGULATION,  THE
 INSTRUCTIONAL  AND  REHABILITATIVE  ASPECTS OF THE PROGRAM. SUCH PROGRAM
 SHALL CONSIST OF AT LEAST TWENTY-SIX AND UP TO FIFTY-TWO SESSIONS OF ONE
 HOUR TO ONE AND ONE-HALF HOURS EACH AND INCLUDE, BUT NEED NOT BE LIMITED
 TO, CLASSROOM INSTRUCTION IN AREAS DEEMED SUITABLE BY THE COMMISSIONER.
   2. THE FORM, CONTENT AND METHOD OF PRESENTATION OF THE VARIOUS ASPECTS
 OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE COMMISSIONER. IN THE  DEVEL-
 OPMENT  OF THE FORM, CURRICULUM AND CONTENT OF SUCH PROGRAM, THE COMMIS-
 SIONER MAY CONSULT WITH THE COMMISSIONER OF MENTAL HEALTH, THE  DIRECTOR
 OF  THE  DIVISION  OF  ALCOHOLISM AND ALCOHOL ABUSE, THE DIRECTOR OF THE
 DIVISION OF SUBSTANCE ABUSE SERVICES, THE OFFICE OF THE ATTORNEY GENERAL
 AND ANY OTHER STATE DEPARTMENT OR AGENCY AND REQUEST AND RECEIVE ASSIST-
 ANCE FROM THEM. THE COMMISSIONER IS ALSO AUTHORIZED TO DEVELOP MORE THAN
 ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN ORDER TO MEET  THE
 VARYING REHABILITATIVE NEEDS OF THE PARTICIPANTS.
   3. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN AT LEAST EVERY COUN-
 TY  IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETERMINES THAT THERE IS
 NOT A SUFFICIENT NUMBER OF DOMESTIC VIOLENCE OFFENSES  IN  A  COUNTY  TO
 MANDATE  THE  ESTABLISHMENT  OF SAID COURSE, AND THAT PROVISIONS BE MADE
 FOR THE RESIDENTS OF SAID COUNTY TO ATTEND A COURSE  IN  ANOTHER  COUNTY
 WHERE A COURSE EXISTS.
   4.  PARTICIPATION  IN  THE  PROGRAM  SHALL BE LIMITED TO THOSE PERSONS
 CONVICTED OF DOMESTIC ABUSE OFFENSES OR PERSONS WHO  HAVE  BEEN  ADJUDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15812-03-8

 A. 10993                            2

 CATED  YOUTHFUL  OFFENDERS  FOR  DOMESTIC  ABUSE OFFENSES, WHO CHOOSE TO
 PARTICIPATE AND WHO SATISFY THE CRITERIA AND MEET THE  REQUIREMENTS  FOR
 PARTICIPATION AS ESTABLISHED BY THIS SECTION AND THE REGULATIONS PROMUL-
 GATED  THEREUNDER; PROVIDED, HOWEVER, IN THE EXERCISE OF DISCRETION, THE
 JUDGE IMPOSING SENTENCE MAY REQUIRE THE  DEFENDANT  TO  ENROLL  IN  SUCH
 PROGRAM.  THE  COMMISSIONER OR DEPUTY MAY EXERCISE DISCRETION, TO REJECT
 ANY PERSON FROM PARTICIPATION  REFERRED  TO  SUCH  PROGRAM  AND  NOTHING
 CONTAINED  IN  THIS SECTION SHALL BE CONSTRUED AS CREATING A RIGHT TO BE
 INCLUDED IN ANY COURSE OR PROGRAM ESTABLISHED UNDER THIS SECTION.
   5. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE OF FEES TO BE  PAID  BY
 OR  ON  BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM TIME TO
 TIME, MODIFY SAME.  SUCH FEES SHALL DEFRAY THE ONGOING EXPENSES  OF  THE
 PROGRAM.  PROVIDED,  HOWEVER,  THAT  PURSUANT  TO  AN AGREEMENT WITH THE
 DEPARTMENT A MUNICIPALITY, DEPARTMENT, OR OTHER  AGENCY  MAY  CONDUCT  A
 COURSE  IN  SUCH  PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH COURSE
 AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR  AGENCY.  IN
 NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE PARTIC-
 IPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 MANDATORY DOMESTIC VIOLENCE COUNSELING.
   ANY  DEFENDANT  CONVICTED  OF ANY OF THE FOLLOWING OFFENSES, WHERE THE
 DEFENDANT AND THE PERSON AGAINST WHOM THE  OFFENSE  WAS  COMMITTED  WERE
 MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT
 TO  SECTION  370.15  OF  THE  CRIMINAL PROCEDURE LAW; ANY OFFENSE LISTED
 UNDER TITLE H, TITLE I OR TITLE O OF PART 3 OF THIS CHAPTER; OR  ATTEMPT
 TO  COMMIT ANY OF THE OFFENSES UNDER TITLE H, TITLE I OR TITLE O OF PART
 3 OF THIS CHAPTER, SHALL BE REQUIRED TO ENROLL AND COMPLETE  A  DOMESTIC
 VIOLENCE REHABILITATION PROGRAM AS A CONDITION OF CONDITIONAL DISCHARGE,
 PROBATION OR PAROLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.