What's happening
This bill allows juvenile and adolescent offenders to be immediately transferred to family court with district attorney consent if the youth part is not in session.
Why it matters
Provides a faster route to family court for youth. By allowing immediate transfer of juvenile or adolescent offenders to family court (with district attorney consent) when the youth part is not in session, the bill aims to avoid unnecessary delays in addressing cases involving young people.
Gives district attorneys more discretion. The requirement for DA consent means prosecutors have increased influence over whether a young person’s case can bypass the youth part for family court, potentially leading to more tailored decisions based on the specifics of each case.
Potential for less punitive outcomes. Family courts typically focus more on rehabilitation and support rather than punishment. This change could result in more youth offenders receiving services and interventions rather than entering the adult criminal justice system.
Streamlines early case handling. By allowing orders to appear before family court or probation (not just the next youth part session), the bill could reduce pretrial detention and uncertainty for young defendants and their families, leading to faster access to appropriate resources.
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Who cares
Juvenile and adolescent offenders
The bill would allow their cases to be moved immediately to family court when the youth part is not in session, with the district attorney’s consent.
District attorneys
Their consent would be required before a designated magistrate could immediately move these cases to family court.
Designated magistrates and family courts
The bill would let magistrates acting in place of an unavailable youth part immediately transfer these cases to family court rather than only determine detention.
Local probation departments
Adolescent offenders who are not detained could be ordered to appear at the local probation department instead of the next session of the youth part.
Headline styles
Send More Juveniles to Family Court
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S6550
- Ordered to third reading rules cal.534
- Rules report cal.534
- Reported
- Reported referred to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Move Youth Cases to Family Court
Signed by Governor · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8315
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to proceedings against juvenile and adolescent offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 722.20 of the criminal procedure law, as added by section 1-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
1. When a juvenile offender is arraigned before a youth part, the provisions of this section shall apply. If the youth part is not in session, the defendant shall be brought before the most accessible magistrate designated by the appellate division of the supreme court to act as a youth part for the purpose of making a determination whether such juvenile shall be detained or, with the consent of the district attorney, immediately removed to family court. If the defendant is ordered to be detained, he or she shall be brought before the next session of the youth part. If the defendant is not detained, he or she shall be ordered to appear at the next session of the youth part or the family court.
§ 2. Subdivision 1 of section 722.21 of the criminal procedure law, as added by section 1-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
1. When an adolescent offender is arraigned before a youth part, the provisions of this section shall apply. If the youth part is not in session, the defendant shall be brought before the most accessible magistrate designated by the appellate division of the supreme court to act as a youth part for the purpose of making a determination whether such adolescent offender shall be detained or, with the consent of the district attorney, immediately removed to family court. If the defendant is ordered to be detained, he or she shall be brought before the next
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13353-02-9
A. 8315 2
session of the youth part. If the defendant is not detained, he or she shall be ordered to appear at the next session of the youth part, family court or the local probation department.
§ 3. This act shall take effect on the same date and in the same manner as section 1-a of part WWW of chapter 59 of the laws of 2017, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.