What's happening
This bill requires courts to mandate professional counseling for domestic violence offenders as a condition of probation or sentence suspension.
Why it matters
Prioritizes rehabilitation over punishment. by making professional counseling a mandatory part of probation or sentence suspension for domestic violence offenders, aiming to address root causes of abusive behavior and reduce repeat offenses.
Ensures counseling is conducted by qualified experts. , specifying that only professionals with demonstrated expertise in domestic violence counseling can provide these services, which may improve the effectiveness of interventions.
Increases accountability and oversight. by requiring offenders to provide documentation of counseling attendance to the court, making it harder to evade mandated treatment and strengthening compliance.
May impact both court resources and offender outcomes. , as courts will need to monitor compliance and possibly appoint counseling sources, while offenders could face meaningful behavioral interventions rather than just punitive measures.
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Who cares
Headline styles
Mandate Counseling for Abusers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3225
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring counseling for certain domestic violence offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 65.10 of the penal law is amended by adding a new subdivision 6 to read as follows:
6. Mandatory conditions for domestic violence cases. When imposing a sentence of probation for a crime or offense involving domestic violence, the court shall require, in addition to any other conditions imposed pursuant to this section, the defendant to receive professional counseling from either a private source or a source appointed by the court, but in either case, such counseling shall be conducted by a person who has demonstrated expertise in individual or group domestic violence counseling. The court shall require the defendant to provide documentation of attendance at such professional counseling.
§ 2. The penal law is amended by adding a new section 60.38 to read as follows: § 60.38 Mandatory counseling for domestic violence cases.
In any case where the court suspends the imposition of a sentence for a crime or offense involving domestic violence, the court shall require, in addition to any other conditions imposed pursuant to this chapter, the defendant to receive professional counseling from either a private source or a source appointed by the court, but in either case, such counseling shall be conducted by a person who has demonstrated expertise in individual or group domestic violence counseling. The court shall require the defendant to provide documentation of attendance at such professional counseling.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09136-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to requiring counseling for certain domestic violence offenders
Purpose
To make counseling a requirement for individuals guilty of offensive involving domestic violence.
Summary of provisions
Section 1 amends the penal law by adding a subsection 6 to section 65.10 which states a mandatory condition of counseling when imposing a sentence of probation for a crime or offense involving domestic violence. The defendant can receive professional counseling from either a private or court appointed source. The court will require documenta- tion of attendance of such professional counseling.
Section 2 amends the penal law by adding a new section 60.38 which states a mandatory condition of counseling when suspending the imposi- tion of a sentence for a crime or offense involving domestic violence. The defendant can receive professional counseling from either a private or court appointed source. The court will require documentation of attendance of such professional counseling.
Section 3 provides the act shall take effect immediately.
Existing law
None
Justification
The National Coalition Against Domestic Violence reports one in three women and one in four men have been victims of physical violence by an intimate partner. Domestic violence affects people from all walks of life. It can destroy the institution of marriage, tear families apart and ruin careers. It is a compelling interest of the state to ensure perpetrators of domestic violence receive the professional help they need break the cycle.
Legislative history
02/29/16REFERRED TO CODES
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.