Senate Bill S9164

                                 
BILL NUMBER: S9164

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting the
detainment of minors with adult detainees

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the detainment of minor juvenile delinquents,
juvenile offenders, and adolescent offenders with adult detainees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the correction law by adding a new section 500-q to
prohibits keeping youth under 18 years old in a facility used for people
18 years of age or older in New York City

Section 2 amends subdivision sixteen of Section 2 of the correction law
by adding a new paragraph (d) which defines "older youth detention
facility" as facilities which house adolescent or juvenile offenders
              

between 18 and 21 years of age operated by NYC Administration for Chil-
dren's Services

Section 3 sets that this act shall take effect on the first of January
next, succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Among other important concerns, Raise the Age Legislation sought to
protect youthful offenders from the violence and criminality often found
Within adult prisons and jails. Separate secure detention facilities
were created throughout New York State for the detainment of adolescent
and juvenile offenders. To this end, Raise the Age legislation specif-
ically prohibited minors within the jurisdiction of New York City from
any detention within the Rikers Island Correctional Facility. Despite
these detaining both minor and adult offenders, housing offenders aged
thirteen through twenty-one. The age disparities found amongst the
detention facility's populations have resulted in decreased rehabili-
tation outcomes for the most vulnerable, while simultaneously exposing
minors to the violent atmospheres Raise the Age legislation sought to
protect them from.  Educational and rehabilitative services vary greatly
among the extended age category that the juvenile detention centers
service, Further, violence against youth detention facility staff has
steadily increased over recent years, resulting in increased, and
severe, job-related injury and absence, further eroding the safety and
security of New York City's juvenile detention facilities.

In order to increase the rates of rehabilitation amongst New York City's
youngest juvenile and adolescent offenders, increase the educational
opportunities afforded to this population while detained and provide
greater safety and security to both detainees and staff working within
the facilities, separation of the adult population from the minor popu-
lation is both necessary and within the original ideology of Raise the
Age legislation.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of January next to succeeding
the date on which it shall have become a Law.