S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2730
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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.
                                                            LBD07341-01-3
              

 A. 2730                             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.