Enacts the elderly crime prevention and control trust fund act

1 Co-sponsor

• John L. Sampson

BILL NUMBER:S3214B

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

Section 1: Establishes the elderly crime prevention and control trust fund act, sets forth the definitions, legislative findings, application procedures, provides the commissioner with the power to promulgate rules and regulations, sets forth reporting requirements, and legislative hearing requirements.

Section 2: Amends the penal law by adding a new section 80.20 establishing mandatory administrative assessments upon conviction of a felony where an elderly person is the victim.

Section 3: Amends the criminal procedure law by adding a new section 420.37 governing the commitment of a defendant for failure to pay a fine.

Section 4: Amends the state finance law by adding a new section 97-1111 establishing the elderly crime prevention and control trust fund. Such fund shall consist of all money appropriated and received as a result of mandatory administrative assessments and any other sums payable to the fund pursuant to section 80.20 of the penal law.

Section 5: This act shall take effect immediately and shall expire June 30, 2016 when it shall be deemed repealed. 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 ensure 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 step 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. 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.

Legislative history

2011-12: S.6223 - Referred to Aging 2009-10: S.2061 - Referred to Aging

Effective date

Immediately, with provisions.