Relates to correctional facilities solely for the confinement of individuals aged sixteen and seventeen years

3 Co-sponsors

• Patrick M. Gallivan
• Michael F. Nozzolio
• Catharine Young

BILL NUMBER:S5740

Title of bill

An act to amend the correction law, the state finance law, the penal law and the criminal procedure law, in relation to correctional facilities solely for the confinement of individuals aged sixteen and seventeen years

Summary of provisions

Section 1 amends subdivision 3 of section 70 of the correction law by adding a new paragraph (c).

Section 2 amends subdivision 4 of section 500-b of the correction law.

Section 3 amends the state finance law by adding a new section 53-3.

Section 4 amends subdivision 18 of section 10.00 the penal law by adding a new paragraph (3).

Section 5 amends the criminal procedure law by adding a new section 170.75.

Section 6 amends section 725.00 of the criminal procedure law.

Section 7 provides this act shall take effect immediately; provided, however that the amendments to subdivision 4 of section 500-b of the correction law made by section two of this act shall not affect the repeal of such section and shall be deemed to repeal therewith.

Justification

In 2003, Congress passed the Prison Rape Elimination Act (PREA) which became effective in 2012, and set standards for the housing of juvenile inmates designed to eliminate rape in facilities. Included in the standards is a section specifically for juvenile inmates. This bill ensures that state and local facilities adhere to federal standards.

Justice is best served when criminal cases are evaluated on a case by case basis, considering their individual facts and circumstances. Procedures currently exist under Article 725 of the criminal procedure law to remove certain criminal cases to family court. This bill would expand the type of cases that could be removed to family court, by allowing misdemeanor offenses committed by those 16 and 17 years old to be removed under current procedures.A clearly articulated determination by the Judge, upon consent of the District Attorney, will best serve not only the 16 and 17 year old defendants, but also community safety, as well as preserve the rights of crime victims.

In order to meet the financial demands that may arise, this bill would also allocate funds appropriated in the 2015 budget for raising the age of criminal responsibility to county jails for compliance with PREA standards addressing juvenile inmates and to provide educational, mental health and substance abuse services to inmates 16 and 17 years old. It also provides funds to family court for additional costs that may arise from an increased caseload.

Legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately; provided, however that the amendments to subdivision 4 of section 500-b of the correction law made by section two of this act shall not affect the repeal of such section and shall be deemed to repeal therewith.