Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 10, 2022 |
referred to codes |
Senate Bill S9116
2021-2022 Legislative Session
Sponsored By
(D) 42nd Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R, C) 57th Senate District
(D, WF) Senate District
2021-S9116 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10361
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §510.15, CP L; amd §304.1, Fam Ct Act
- Versions Introduced in 2023-2024 Legislative Session:
-
S3352, A5090
2021-S9116 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9116 SPONSOR: SKOUFIS TITLE OF BILL: 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 PURPOSE: Permits the placing of adolescent offenders in adult facilities under situations in which there are no available beds in specialized secure detention facilities or alternative jail placements with 100% sight and sound separation from the adult population. SUMMARY OF PROVISIONS: Section 1: Amends criminal procedure law by adding a new subdivision 3, which allows sheriffs to place juveniles in adult facilities in situ- ation in which there are no beds available in the nearest specialized secure detention facility or alternative jail placement with 100% sight
2021-S9116 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9116 I N S E N A T E May 10, 2022 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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