NY State Senate Bill 2019-S1360

Archive: Last Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 14, 2019	referred to judiciary

2019-S1360 (ACTIVE) - Details

See Assembly Version of this Bill:: A8792
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add Art 5-C §§178 - 178-a, Judy L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8544, A11136
2021-2022: S6946, A4508
2023-2024: A2730

2019-S1360 (ACTIVE) - Summary

Creates an elder court pilot program to study the effectiveness of senior-specific judicial programming especially involving elder abuse and domestic violence.

2019-S1360 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1360

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to a pilot program to
create an elder court

 
PURPOSE:

To establish an elder court pilot program to study the effectiveness of
senior-specific judicial programming.

 
SUMMARY OF PROVISIONS:

Section 1: Instructs the chief administrator of the courts to establish
an elder court pilot program in up to six counties in the state to deal
with cases of elder abuse, domestic violence, or other criminal cases
against the elderly. The chief administrator would be tasked with estab-
lishing rules and regulations to ensure cases pending before each pilot
court are identified as elder court-eligible and transfer procedures for

eligible cases.

Various groups that deal with crimes against the elderly would be
allowed to partner with the chief administrator and participating coun-
ties to track and collect information, as well as assess service needs
for the pilot study.

A report would be issued upon the completion of the study, and would
include recommendations regarding training regarding specific needs and
issues that may arise in elder cases, characteristics and needs of
elderly litigants, best practices for the establishment of elder courts
and policy and statutory changes that may assist in the prosecution of
elder abuse cases.

Section 2: Provides the effective date.

 
JUSTIFICATION:

Specialized courts have shown promising successes with respect to domes-
tic violence and drug courts. For domestic violence courts in partic-
ular, the assignment of a single judge to hear all of a family's cases
has proven to be significant to the resolution of complex and interre-
lated cases that can compromise the welfare of domestic violence victims
and their children. In a similar vein to domestic violence, most elder
abuse cases touch on family dynamics that present a host of concerns
related to the physical, mental, and financial well-being of the senior
and can impact their safety, and even mortality rates.

To date, elder abuse has been considered one of the most underreported
crimes due to many complex factors, including but not limited to, the
concerns a senior may have about reporting a family member, the diffi-
cult personal acknowledgement that they may have been taken advantage of
by those closest to them, and even long-term considerations of where and
with whom they will live. In addition, the prosecution of elder abuse
cases has also proven difficult given the administrative requirements
for victims (including multiple hearings and filings as well as trans-
portation concerns), the stress and pressure that accompanies liti-
gation, as well as the lack of evidence in certain cases. In a similar
vein to domestic violence, these types of cases require unique consider-
ation and require contact across all parts of the judicial system
including criminal court, family court, and even probate court.

As such, some localities in New York have begun instituting senior
friendly court procedures and even elder abuse units within their
District Attorney offices. These units have special training on how
certain administrative processes may be eased for senior clients (earli-
er hours or transportation services), intervention services for elder
abuse victims, identification of all types of abuse including physical,
sexual, emotional, and financial, as well as sensitivities to the unique
needs of abuse victims. In other states, efforts have extended beyond
elder abuse units to elder courts which have been shown to ease pres-
sures on elder abuse victims and lead to more effective resolutions to
elder abuse cases.

This legislation builds on these previous models to create an elder
court pilot program through the Chief Administrator of the Court. In
much the same way that the Integrated Domestic Violence Courts system
has met the multi-faceted needs of its target population, we believe
that elder courts have the potential to do the same for some of the most
vulnerable adults in the state. This legislation will be the first step
towards establishing elder courts and could be used in the future as a
statewide model to help serve our rapidly aging population.

 
LEGISLATIVE HISTORY:

2018: S.8544 Referred to Judiciary

 
FISCAL IMPLICATIONS:

Subject to appropriation.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1360 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1360
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  a  pilot  program  to
   create an elder court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The judiciary law is amended by adding a new article 5-C to
 read as follows:
 
                                ARTICLE 5-C
                         ELDER COURT PILOT PROGRAM
 
 SECTION 178. DEFINITION.
         178-A. ELDER COURT PILOT PROGRAM.
   § 178. DEFINITION. FOR PURPOSES OF THIS ARTICLE  "ELDER  COURT"  SHALL
 REFER  TO  BOTH OF THE FOLLOWING WHEN THEY ARE SIMULTANEOUSLY PENDING IN
 THE COUNTY: AN ELDER ABUSE, DOMESTIC VIOLENCE, OR CRIMINAL CASE  INVOLV-
 ING  A  CARETAKER COMMENCED IN A CRIMINAL COURT; AND A CASE COMMENCED IN
 SUPREME OR FAMILY COURT THAT INVOLVES A PARTY OR WITNESS  IN  THE  ELDER
 ABUSE,  DOMESTIC  VIOLENCE  OR CRIMINAL CASE. THE CHIEF ADMINISTRATOR OF
 THE COURTS SHALL PROMULGATE THROUGH  RULES  AND  REGULATIONS  ANY  OTHER
 ELDER COURT ELIGIBLE CASE.
   §  178-A.  ELDER  COURT PILOT PROGRAM. 1. WITHIN AMOUNTS APPROPRIATED,
 THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  ESTABLISH  AN  ELDER  COURT
 PILOT PROGRAM TO OPERATE IN UP TO SIX COUNTIES IN THE STATE TO STUDY THE
 EFFECTIVENESS  OF  SENIOR-SPECIFIC  JUDICIAL  PROGRAMMING  IN THE STATE.
 FOLLOWING CONSULTATION WITH AND AGREEMENT OF THE PRESIDING JUDGE OF  THE
 JUDICIAL  DEPARTMENT IN WHICH A COUNTY IS LOCATED, THE CHIEF ADMINISTRA-
 TOR, BY ADMINISTRATIVE ORDER, MAY ESTABLISH AN ELDER COURT PILOT PROGRAM
 IN SUCH COUNTY, MAKE MONIES AVAILABLE FOR THE  OPERATION  OF  THE  ELDER
 COURT  PILOT  PROGRAM,  AND  ASSIGN  ONE  OR  MORE JUDGES OR JUSTICES TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06819-01-9

 S. 1360                             2
 
 PRESIDE THEREIN. THE CHIEF ADMINISTRATOR OF THE COURTS  SHALL  ESTABLISH
 THROUGH  RULES  AND  REGULATIONS  EACH  PILOT COURT SO AS TO ENSURE THAT
 CASES PENDING BEFORE IT ARE IDENTIFIED AS ELDER  COURT-ELIGIBLE  AT  THE
 EARLIEST  POSSIBLE  TIME,  AND  ESTABLISH PROCEDURES FOR THE TRANSFER OF
 ELIGIBLE CASES.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS, AND PARTICIPATING  COUNTIES,
 MAY PARTNER WITH LOCAL NOT-FOR-PROFIT ORGANIZATIONS, UNIVERSITIES, MUNI-
 CIPALITIES,  TRIAD  TEAMS,  MULTI-DISCIPLINARY TEAMS, OR SENIOR ADVOCACY
 GROUPS TO TRACK INFORMATION, ASSESS SERVICE NEEDS, AND COLLECT  INFORMA-
 TION  FOR THE PILOT PROGRAM STUDY. UPON COMPLETION OF THE PILOT PROGRAM,
 THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ISSUE A  REPORT  DOCUMENTING
 THE  ELDER  COURT  PILOT PROGRAM INITIATIVES AND INCLUDE RECOMMENDATIONS
 FOR THE ESTABLISHMENT OF STATEWIDE ELDER COURT  OPERATIONS.  THE  REPORT
 SHALL INCLUDE, BUT NOT BE LIMITED TO, RECOMMENDATIONS REGARDING:
   A.  JUDICIAL OFFICER AND COURT STAFF TRAINING REGARDING SPECIFIC NEEDS
 AND ISSUES THAT MAY ARISE IN ELDER CASES, INCLUDING BUT NOT LIMITED  TO,
 THE  DEVELOPMENT  OF  ELDER-SPECIFIC CURRICULUM AND TECHNICAL ASSISTANCE
 MATERIALS FOR JUDGES AND COURT STAFF;
   B. THE CHARACTERISTICS AND NEEDS OF ELDERLY LITIGANTS AND THEIR CASES,
 INCLUDING BUT NOT LIMITED TO ADJUSTMENT  OF  COURT  HOURS,  COORDINATION
 WITH   SOCIAL   SERVICES   OR  NOT-FOR-PROFIT  ENTITIES,  TRANSPORTATION
 CONCERNS, AND COMMUNITY SUPPORT AVAILABLE DURING THE COURSE OF THE  CASE
 AND AFTER;
   C. BEST PRACTICES FOR THE ESTABLISHMENT OF ELDER COURTS INCLUDING, BUT
 NOT  LIMITED  TO,  CONSIDERATION OF ADMINISTRATION POLICIES, COURT PRAC-
 TICES, AND LITIGANT EXPERIENCES; AND
   D. POLICY AND STATUTORY CHANGES THAT ARE GENERALIZED  ACROSS  PROGRAMS
 AND MAY ASSIST IN THE PROSECUTION OF ELDER ABUSE CASES.
   3.  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CHIEF ADMINISTRATOR OF
 THE COURTS FROM DESIGNATING A PREEXISTING PROGRAM THAT QUALIFIES  AS  AN
 ELDER  COURT FROM PARTICIPATING IN THE PILOT PROGRAM. THE CHIEF ADMINIS-
 TRATOR OF THE COURTS SHALL ALSO, WITHIN HIS OR HER  DISCRETION,  UTILIZE
 PREEXISTING  INTEGRATED  COURTS  PARTS  FOR OPERATION OF THE ELDER COURT
 PILOT PROGRAM WHERE COMPATIBLE.
   4. NOTHING IN THIS SECTION SHALL PRECLUDE THE CHIEF  ADMINISTRATOR  OF
 THE  COURTS,  OR  A  STATE  ENTITY, FROM APPLYING FOR QUALIFYING FEDERAL
 MONIES OR PRIVATE FUNDS TO ASSIST IN THE OPERATION OF  THE  ELDER  COURT
 PILOT PROGRAM.
   5.  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL SUBMIT THE REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
 THE ASSEMBLY WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION. THE
 REPORT  SHALL  ALSO BE DISTRIBUTED ON THE OFFICE OF COURT ADMINISTRATION
 PUBLIC WEBSITE.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1360

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S1360 (ACTIVE) - Details

2019-S1360 (ACTIVE) - Summary

2019-S1360 (ACTIVE) - Sponsor Memo

2019-S1360 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1360

Share this bill

Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S1360 (ACTIVE) - Details

2019-S1360 (ACTIVE) - Summary

2019-S1360 (ACTIVE) - Sponsor Memo

2019-S1360 (ACTIVE) - Bill Text download pdf

Comments