Senate Bill S8260

2017-2018 Legislative Session

Relates to notification of and engagement with parents in proceedings involving sixteen and seventeen year old defendants in youth parts of superior courts

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.1010
Apr 24, 2018	referred to codes

Votes

- May 1, 2018 - Codes Committee Vote
  S8260
  
  Aye
  
  12
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 1, 2018
      
      aye (12)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Tedisco
      
      nay (1)
      
      Croci
      
      aye wr (3)
      
      Hoylman-Sigal
      
      Krueger
      
      Serrano

2017-S8260 (ACTIVE) - Details

See Assembly Version of this Bill:: A10855
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20, 140.27, 140.40, 722.00 & 722.10, CP L

2017-S8260 (ACTIVE) - Summary

Relates to notification of and engagement with parents in proceedings involving sixteen and seventeen year old defendants in youth parts of superior courts.

2017-S8260 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8260

SPONSOR: LANZA
 
TITLE OF BILL:

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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

Last year's statute raising the age of criminal responsibility requires
law enforcement, upon the arrests of 16-year olds starting in October,
2018, and 17-year olds starting in October, 2019, to notify parents or
other persons legally responsible for the adolescents' care (1) where
the youth are being held, and (2) if the youth is being interrogated, of
the youth's Miranda rights. See Criminal Procedure Law §§ 1.20(7),
140.20(6), 140.27(5), 140.40(5) (L.  2017, c. 59, Pt. WWW). This
reflects a salutary recognition of the importance of involving parents
and legally responsible individuals involved in adolescents' cases,
since these youth are still minors who are dependent upon their families

both for sustenance and for guidance.

This measure would build upon this recognition by requiring notification
of probation case plan efforts and of details to the extent available
when and where the youth will be arraigned in court.  Similar to Family
Court Act § 341.2(3), this measure also amends section 722.00(1) of the
Criminal Procedure Law to require the presence of parents or other
persons legally responsible at all proceedings in the Youth Part, with
the caveat that the court would "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."

The Final Report of the Governor 's Commission on Youth, Public Safety
and Justice (2015) at 53, 56, noted how critical it is for parents and
family members to be engaged in the adjustment process, to assist youth
when they are interrogated and to be made aware of their arrests. The
Commission noted that current criminal procedures do not include parents
or legally responsible adults:

Because these proceedings follow adult criminal procedures, the youth's
parents are not formally involved in proceedings at arraignment, or at
any point in the court process.

Id, at 56. The Juvenile Delinquency Guidelines issued by the National
Council of Juvenile and Family Court Judges in 2005 included as a "Key
Principle" that:

Juvenile Delinquency System Staff Should Engage Parents and Families at
all. Stages of the Juvenile Delinquency Court Process to Encourage Fami-
ly Members to Participate Fully in the Development and Implementation of
the Youth's Intervention Plan.

Id., at p. 135. The Guidelines explained that "(d)ispositions will only
be effective if the juvenile delinquency court ensures that the youth
and parents, probation, and service providers follow through with court
orders." Id. The Guidelines call for notification and inclusion of
parents and guardians at every stage of the process from arrest, through
probation diversion, detention, disposition and post-disposition
proceedings. Id., pages 68, 69, 89, 91, 96, 133, 135, 140, 141. Like-
wise, the Juvenile Justice Standards promulgated by the American Bar
Association and Institute for Judicial Administration almost 40 years
ago emphasize the need to notify parents and guardians and include them
at every stage. See IJA-ABA Standards Relating to: Adjudication §§ 1.4,
3.7, 4.5; Disposition Procedures § 3.1; Interim Status §§ 5.3 , 6.5;
Juvenile Probation Function § 2.4(E).{1}

In construing Family Court Act § 340.2(3), appellate courts in New York
have repeatedly underscored the importance of involving parents and
legally responsible adults in their children's court proceedings,
reversing Family Court delinquency plea allocutions and dispositions
where insufficient efforts had been made to notify them or, where noti-
fied, to give them a reasonable opportunity to appear in court.  See,
e.g., Matter of Nikim M., 144 A.D.3d 424 (1st Dept., 2016); Matter of
Alexander B., 126 A.D.3d 533 (1st Dept., 2015); Matter of John L., 125
A.D.2d 472 (2nd Dept., 1986); Matter of John D., 104 A.D.2d 885 (2nd
Dept., 1984); Matter of Tracy B., 80 A.D.2d 792 (1St Dept., 1981);
Matter of Smith, 21 A.D.2d 737 (4th Dept., 1964).

Incorporation of provisions similar to those applicable in Family Court
regarding parental notification and engagement both in the adjustment
and in the court process would significantly enhance the capacity of the
newly created Youth Parts to meet their statutory goals of providing
specialized treatment tailored to the needs and to the still-nascent
capacities of adolescents.

This measure, which would have no meaningful fiscal impact on the State,
would take effect on the first day of October, 2018.

 
LEGISLATIVE HISTORY:

None. New proposal.

{1} American Bar Association, IJA-ABA Juvenile Justice Standards Anno-
tated: A Balanced Approach 2, 7, 9, 104, 122, 127, 130, 157 (1996).

2017-S8260 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8260
 
                             I N  S E N A T E
 
                              April 24, 2018
                                ___________
 
 Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
   tration) -- read twice and ordered printed, and  when  printed  to  be
   committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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

 S. 8260                             2
 
 other person legally responsible for the care of the  juvenile  or  such
 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

 S. 8260                             3
 
 programming and referrals. Participation in such risk and needs  assess-
 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.

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Senate Bill S8260

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

May 1, 2018 - Codes Committee Vote

Codes Committee Vote: May 1, 2018

2017-S8260 (ACTIVE) - Details

2017-S8260 (ACTIVE) - Summary

2017-S8260 (ACTIVE) - Sponsor Memo

2017-S8260 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

2017-S8260 (ACTIVE) - Details

2017-S8260 (ACTIVE) - Summary

2017-S8260 (ACTIVE) - Sponsor Memo

2017-S8260 (ACTIVE) - Bill Text download pdf

Comments