Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 13, 2022 |
referred to codes |
Assembly Bill A10361
2021-2022 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-A10361 (ACTIVE) - Details
2021-A10361 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10361 I N A S S E M B L Y May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gunther) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to permitting the detention of juveniles with adults in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 510.15 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE EVENT THERE IS NO CAPACITY AT THE CLOSEST FACILITY CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION AS A SPECIALIZED SECURE JUVENILE DETENTION FACILITY TO THE SHERIFF'S DEPARTMENT, AS DETERMINED BY MEASURING THE DIRECT DISTANCE BETWEEN SUCH FACILITY AND SUCH SHERIFF'S DEPARTMENT, THEN THE COURT SHALL, IN THE INTEREST OF JUSTICE, DIRECT THAT THE PRINCIPAL BE LODGED IN A FACILITY APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION WITH ONE HUNDRED PERCENT SIGHT AND SOUND SEPARATION FROM THE ADULT POPULATION. SHOULD THERE BE NO FACILITIES WITHIN A REASONABLE DISTANCE THAT HAVE ONE HUNDRED PERCENT SIGHT AND SOUND SEPARATION FROM THE ADULT POPULATION, THEN THE COURT SHALL, IN THE INTEREST OF JUSTICE, DIRECT THE PRINCIPAL BE LODGED IN AN ADULT FACILITY UNTIL SUCH BED IS MADE AVAILABLE AT SUCH FACILITY OR THE CLOSEST SPECIALIZED SECURE JUVENILE DETENTION FACILITY AS DETERMINED BY MEASURING THE DIRECT DISTANCE BETWEEN SUCH FACILITY AND SUCH SHERIFF'S DEPARTMENT. FOR THE PURPOSES OF THIS SECTION, "REASON- ABLE DISTANCE" SHALL MEAN WITHIN FIFTY MILES. § 2. Section 304.1 of the family court act is amended by adding a new subdivision 5 to read as follows: 5. A DETENTION FACILITY, AS CERTIFIED BY THIS SECTION, THAT RECEIVES AUTHORIZATION FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES AS AN ALTERNATIVE JAIL PLACEMENT FOR AN ADOLESCENT OFFENDER SHALL BE GRANTED RIGHT OF FIRST REFUSAL IN CIRCUMSTANCES IN WHICH THERE ARE NO PLACEMENTS AVAILABLE AT THE CLOSEST SPECIALIZED SECURE JUVENILE DETENTION FACILITY, AS DETERMINED BY MEASURING THE DIRECT DISTANCE TO ANY SUCH FACILITIES, INCLUDING A FORTY-EIGHT-HOUR HOLDOVER FACILITY. § 3. This act shall take effect immediately.
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