Relates to restitution or public service under orders for placement of certain juveniles

BILL NUMBER:S6845A

Title of bill

An act to amend the family court act, in relation to restitution and public service orders

Purpose of bill

This bill would amend the Family Court Act ("FCA") to authorize judges to recommend that a juvenile delinquent be required to pay restitution regardless of whether the youth is placed with an authorized agency or with family members.

Summary of provisions

Section 1 of the bill would amend FCA § 353.6(1)(a) to provide that when a juvenile delinquent is placed with a suitable relative or other suitable person, the judge may recommend that the juvenile delinquent be required to pay restitution out of his or her own funds or earnings, either in a lump sum or in periodic payments in amounts set by the court.

Section 2 of the bill would amend Family Court Act § 353.6(2) to eliminate language that allows a family court judge to recommend restitution only for juvenile delinquents who are placed with an authorized agency.

Section 3 of the bill contains the effective date.

Existing law

Under current law, a family court judge may only recommend restitution in instances where a juvenile delinquent is placed with an authorized agency but may not do so when such individual is placed with a suitable relative or other person (See Matter of Dylan AA, 19 Misc.3d 206 (Fam. Ct. Clinton Co. 2008)).

Prior legislative history

This is a new bill.

Statement in support

This bill would give a family court judge who wants to recommend that a juvenile delinquent pay restitution. the option of placing that youth with his or her family or with another suitable person, rather than requiring the judge to place such a youth with an authorized agency. As noted by the judge in Matter of Dylan AA, 19 Misc.3d at 208, "[i]f after considering the best interest of the child and the need for protection of the community, the court concludes that placement with a relative is the best alternative, the court should not have to choose between the best alternative and the ability to, at least, recommend restitution." The

judge in Dylan AA also recommended that legislature "remedy this statutory void." Id.

This bill would fill the statutory void by allowing judges to recommend restitution whether the juvenile delinquent is placed with an authorized agency or with a family member or other person. It would not only remove a disincentive for a judge to place a youth with his or her family, but it would also enable all victims to receive restitution for their losses. It would not constitute a financial obligation of the family member or other person with which a juvenile is placed.

Budget implications

This bill would have no negative fiscal impact.

Effective date

The bill would become effective immediately.