Extends the expiration of the provisions of chapter 29 of the laws of 2011 from September 1, 2013 to September 1, 2015.
Ayes (35): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Sampson
Excused (1): Krueger
TITLE OF BILL: An act to amend chapter 29 of the laws of 2011 amending the executive law relating to the adoption of the interstate compact for juveniles by the state of New York, in relation to the effectiveness thereof
PURPOSE: This bill would extend the Interstate Compact for Juveniles, which governs the management, monitoring, and supervision of juveniles, delinquents and status offenders who are on probation or parole and the return of those who have absconded, escaped or run away to another state; and provide for the return of non-adjudicated juveniles who have run away from home to another state.
SUMMARY OF PROVISIONS:
§ 1- Amends section 8 of chapter 29 of the laws of 2011 amending the executive law relating to the adoption of the interstate compact for juveniles by the state of New York by changing the date deemed repealed from September 1, 2013 to September 1, 2015.
§ 2- Effective date.
JUSTIFICATION: New York and other states have entered into several interstate compacts that coordinate state activities affecting other states. In addition to the 1955 ICJ, these compacts include the Interstate Compact on the Placement of Children and the Interstate Compact for Adult supervision. Each compact member state must enact uniform legislation providing for joint and cooperative action among the states regarding the subject matter of that compact.
By its terms, the New ICJ became effective in 2008 when the 35th state enacted the new ICJ legislation. Similar to the 1955 ICJ, the primary purpose of the New ICJ is to manage the relationship between states that send and states that receive adjudicated juveniles and status offenders who are on parole or probation regarding the provision of services and supervision. The New ICJ also governs the return of a juvenile who absconds to another state while under supervision or after being accused of a crime. The New ICJ additionally provides for the return of a nonadjudicated juvenile who runs away from his or her state of residence. The New ICJ creates an Interstate Commission for Juveniles (Commission) to oversee, supervise and coordinate the interstate movement of juveniles. The Commission is made up of "commissioners" who are the Compact administrators or designees from each of the member states. Member states pay dues for the operation and staffing of the Commission. Only member states may vote on Commission matters, but nonmember states may attend Commission meetings. The Commission is permanently staffed to perform its duties.
In December of 2008, the Commission adopted by-laws for the Commission's operation and transitional rules for the year 2009. Some topics
addressed in the 1955 Interstate Compact, such as the obligations and allocation of costs between the sending and receiving states, are now addressed through the Commission's rules.
New York enacted the New ICJ in 2011, but will expire in September of 2013. If New York State does not extend the New ICJ and the transition rules are not continued, New York will no longer have an agreed-upon process for sending and receiving juveniles for supervision, or for returning runaways, except where the other state also is not a New ICJ member state. In addition, as a non-member state, New York will not be able to vote on proposed Commission rules or bylaws.
LEGISLATIVE HISTORY: New Bill. Extends Chapter 29 of 2011.
FISCAL IMPLICATIONS: ICJ member states are assessed annual dues to support the Commission. The amount of dues is set based on the population of the member state and the frequency of the state's use of the ICJ. This cost may be offset by savings associated with the state being able to take advantage of the ICJ rate for the transport of youth and not needing to negotiate individual rates with other states.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3180 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend chapter 29 of the laws of 2011 amending the executive law relating to the adoption of the interstate compact for juveniles by the state of New York, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8 of chapter 29 of the laws of 2011 amending the executive law relating to the adoption of the interstate compact for juveniles by the state of New York, is amended to read as follows: S 8. This act shall take effect on the thirtieth day after it shall have become a law and shall expire September 1,
2015 when upon such date the provisions of this act shall be deemed repealed; provided, however, that notwithstanding the provisions of article 5 of the general construction law, on September 1, 2015 the provisions of chapter 155 of the laws of 1955, as repealed by section one of this act, are hereby revived and shall continue in full force and effect as such provisions existed on June 1, 2010; provided, further, nothing herein shall disrupt services, supervision or return of juveniles, delinquents and status offenders agreed to under the repealed 1955 interstate compact on juveniles prior to such effective date, or preclude the state of New York from entering into appropriate agreements with non-compact member states for the proper supervision or return of juveniles, delin- quents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07475-01-3