Enacts the elderly crime prevention and control trust fund act

BILL NUMBER:S2061

Title of bill

An act to amend the elder law, the penal law, the criminal procedure law and the state finance law, in relation to crime prevention and control, and providing for the repeal of such provisions upon expiration thereof

Summary

Establishes an elderly crime prevention and control trust fund to be funded by an initial appropriation and administrative assessment penalties on persons convicted of felonies when an elderly person is a victim; the fund is to be administered by the division of criminal justice services which shall give grants to organizations who will set up programs to prevent crimes against elderly persons; appropriates $2,000,000 for such purposes. Criminal sanction impact.

Justification

The steady, but no less dramatic, rise in the criminal victimization of the elderly requires this Legislature to take affirmative steps to insure the physical safety and emotional well-being of this crime-vulnerable population. This increased sense of responsibility comes at a time when we see the traditional funding source of elderly crime prevention, detection and enforcement programs being redirected into tax cuts and national defense spending. This bill seeks to develop a mechanism to meet the needs of protection for our elderly by requiring the convicted criminal to bear larger burden as a result of his/her actions. By adding a mandatory fine upon conviction, and in turn segregating these monies in a dedicated fund available principally for crime prevention, detection and enforcement activities, this legislature can take a major stride toward reaffirming our elderly's safety.

Additionally, this concept enhances the planning and delivery capabilities of front-line service-providers such as municipal police departments and community-based organizations. Recent experience with ad-valorem "taxes" suggests that a secure, dedicated funding source must be enacted by statute to provide such services. This legislation recognizes a similar "penalty assessment" initiative by Governor Cuomo in his 1992 Criminal Justice Program. While this program establishes a "Public Safety Improvement Fund", the appropriation of a mere $500,000 does not give credence to the seriousness, or scope, of elderly crime victimization. This bill suggests that with potential annual revenues in the $4-5 million range, a legitimate and concerted effort can be mounted to obviate the fear and distress that is forcing our elderly to be prisoners in their own homes.

These themes send a bold message to the criminals who prey upon the elderly, to the police and support agencies that must deal with these problems, and to the elderly themselves, that this scourge can, and

will, be dealt with through the full resources and commitment of this Legislature.

Fiscal implications

New revenue to the State of approximately $4.5 million.

Effective date

Immediately, with provisions.