Relates to funding for alternative-to-detention and alternative-to-placement programs for juveniles; repealer

§ 2 of the bill, repeals subdivision 2 and 2-a of section 530 of the executive law and create a new subdivision 2; and

§ 3 of the bill, amend section 529 of the executive law by adding a new subdivision 3 that requires:

* Each county and the city of New York to prepare and submit a comprehensive detention plan, after deliberation with relevant stakeholders, to the office of children and family services. The plan is to outline a three year strategy to reduce the usage of non-secure detention facilities and post-disposition placements.

* Requires the submission of an implementation plan for approval to the office of children and family services.

* Create a 65/35 reimbursement mechanism for counties that reduce their usage of detention and incarceration facilities for juveniles by twenty-five percent.

* Requires the implementation of outcome and accountability measures that ensure only successful alternative programs will be funded through the alternative-to-detention per diem account.

§ 4 of the bill, creates the alternative-to-detention program per diem account and requires that half of the savings from counties, who uses alternative-to-detention programs, will be directed into this account. Funds from this account will be used for reinvestment in community-based alternative programs and community-based prevention and early prevention programs.

§ 5 of the bill, amend subdivision 1 of section 352.2 of the family court act, as added by chapter 920 of the laws of 1982, by adding a new paragraph (f) that will allow a family court judge to consider as a placement option, an evidence based alternative-to-placement program.

§ 6 creates an effective date of July 1, 2010.

Effects of present law which this bill would alter

JUSTIFICATION : The Legislature finds that New York State could simultaneously realize fiscal savings and positively impact the lives of court-involved children by encouraging counties to expand access to alternative-to-detention/placement programs. The average costs per bed for pre-trial detention range from $150,000 outside of New York City and over $200,000 inside New York City. The cost to incarcerate a child in an Office of Children and Family Services placement is approximately $150,000 a year. These expenditures have yielded dismal results as evidenced by the forty-six percent re-admission rate within one year for youth in the custody of the New York City Department of Juvenile Justice and the 76% recidivism rate for youth released from the office of children and family services facilities.

Currently, counties throughout the state receive a fifty-percent reimbursement for the costs of detaining a youth pre-trial. However, there is no similar fiscal arrangement for counties choosing to implement alternatives to detention and placement for juveniles. There exists significant purpose and public interest in the expansion of alternative-to-placement programs that reduce youth recidivism, provide meaningful life interventions, and drastically reduce the costs associated with incarcerating juveniles. A sixty-five percent reimbursement rate for youth diverted into alternative programs would encourage the statewide expansion of such programs. The reimbursement plan would also help counties build and maintain a community-based and results-proven infrastructure that works toward the positive support of youth and the prevention of juvenile delinquency.

Prior legislative history

New bill.

Fiscal implications for state and local governments

To be determined.

Effective date

July 1, 2010