What's happening
This bill requires courts to send orders of protection to probation or parole departments overseeing the defendant.
Why it matters
Improves enforcement and oversight. By requiring courts to send orders of protection directly to probation and parole departments, the bill helps ensure that supervising agencies are fully informed about restrictions placed on individuals under their watch, allowing for more effective monitoring.
Closes communication gaps. The legislation addresses a potential disconnect where probation or parole officers might not be aware of new protective orders, which could otherwise hinder their ability to protect victims or respond to violations.
Facilitates victim safety. By making sure supervising agencies are aware of orders of protection, the law could lead to quicker intervention if the order is breached, thus offering additional security for those seeking protection.
Enables better use of criminal history records. Granting court clerks access to criminal history records for the purpose of identifying individuals under supervision ensures that orders reach the correct agencies, reducing the risk of administrative oversight.
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Who cares
Headline styles
Share Orders with Probation
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
928
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act, in relation to ensuring that the probation department receives a copy of an order of protection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168 of the family court act is amended by adding a new subdivision 2-a to read as follows:
2-a. In any proceeding in which an order of protection has been issued under this section, the clerk of the court shall ensure that a copy of the order of protection is transmitted to the supervising probation department or department of corrections and community supervision where the defendant is under probation or parole, if applicable. The clerk of the court shall be provided access to criminal history record information maintained by the division of criminal justice services for purposes of effectuating this subdivision.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00537-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to ensuring that the probation department receives a copy of an order of protection
Purpose
Upon the issuance of an order of protection, by a family court, against an individual under the supervision of parole or probation, this bill requires the clerk of the court to notify the relevant supervising authority.
Summary of specific provisions
Section one amends the family court act by adding a new subdivision, which provides that upon the issuance of an order of protection against an individual under the supervision of parole or probation, that the clerk of the court shall notify the relevant supervising authority.
Section two provides that this act shall take effect sixty days after becoming law.
Justification
Parole and probation are automatically notified when an individual under their supervision is arrested. However, they are not necessarily notified of the adjudication of a family offense through the family court system, because these are considered civil matters. This bill would provide the clerk of the family court with access to an offenders' criminal history record information, so that they can ascertain whether an individual against whom an order of protection is issued, is currently under the supervision of parole or probation. If the individual is in fact subject to parole or probation, the clerk should notify the relevant supervising authority of the issuance of a final order to protection.
This bill does not pertain to ex parte orders or temporary orders of protection, in order to ensure that the accused has had an opportunity to be heard concerning the issuance of the order.
This bill promotes public safety by providing parole and probation with an additional resource in the monitoring of those they are charged with supervising.
Prior legislative history
New Bill.
Fiscal implications
No additional cost to the state.
Effective date
This act shall take effect sixty days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.