Provides for alternative to detention programs for court-involved children

11 Co-sponsors

• Eric Adams
• Thomas K. Duane
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Liz Krueger
• George Onorato
• Kevin S. Parker
• Diane J. Savino
• Eric T. Schneiderman
• Daniel L. Squadron
• Antoine M. Thompson

Title of bill

An act to amend the executive law, in relation to reimbursement for alternatives to detention and alternative to residential placement programs

Purpose of the bill

To expand the use of alternative to juvenile justice detention and institutional placement programs.

Summary of provisions

Section 1 amends the executive law to establish a reimbursement to localities in order to fund alternative to detention and institutional placement programs.

Section 2 sets the effective date.

Existing law

The state currently provides a 50% reimbursement to counties for the cost of detention and institutional placement, but guarantees no reimbursement for alternative to detention or alternative to placement programs.

Prior legislative history

This is a new bill.

Statement in support

The Governor's Task Force on Transforming Juvenile Justice recommends that New York reduce reliance on placement by encouraging localities to develop high quality alternative to placement programs. This bill responds to that recommendation.

New York reimburses local jurisdictions for 50 percent of the cost of placing a youth in a state operated facility. New York does not guarantee localities a similar reimbursement when youth are assigned to more effective and cheaper community-based alternative to placement programs.

These community-based alternative programs rely on therapeutic approaches to changing youth behaviors. By keeping the youth in the community, and working with the youth's family, these programs achieve better results than institutional placements in state operated facilities, as demonstrated by the lower re-arrest and reconviction rates for participants.

This bill establishes a 65 percent reimbursement for these alternative programs. This level of reimbursement was recommended by the Task Force, and is also the rate used by programs which are familiar to localities and providers, such as Community Optional Prevention Services.

This reimbursement will reduce youth recidivism, provide meaningful life interventions and drastically reduce the costs associated with incarcerating juveniles. Institutional placements are very expensive; indeed, each placement costs approximately $210,000 per child per year. The Task Force estimates that if New York diverted 15% of the. youth in OCFS custody to alternative to placement programs, the State would save nearly $3 million in taxpayer money.

Budget implications

To be determined.

Effective date

Immediately.