Relates to orders of protection in youthful offender cases.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Hassell-Thomps, Montgomery, Sampson
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend the criminal procedure law, in relation to orders of protection in youthful offender cases
JUSTIFICATION: This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.
This measure would amend section 720.35 of the Criminal Procedure Law ("CPL") to insure that a final order of protection issued in connection with a youthful offender adjudication is not sealed for law enforcement purposes.
When a defendant is adjudicated a youthful offender, CPL 720.35(2) provides that "all official records and papers, whether on file with the court, a police agency or the division of criminal justice services, relating to a case... are confidential and may not be made available to any person or public or private agency..." In 1996, however, the Legislature provided a limited exception to this confidentiality provision as follows:
"...provided, however, that information regarding an order of protection or temporary order of protection issued pursuant to section 530.12 of this chapter or a warrant issued in connection therewith may be maintained on the statewide automated order of protection and warrant registry established pursuant to section two hundred twenty-one-a of the executive law during the period that such order of protection or temporary order of protection is in full force and effect or during which such warrant may be executed. Such confidential information may be available pursuant to law only for purposes of adjudicating or enforcing such order of protection or temporary order of protection."
By expressly excepting from the confidentiality provisions only those orders of protection issued pursuant to 530.12, all orders of protection issued outside the limited exception (i.e., orders of protection issued under CPL 530.13) are still required to be kept confidential. This results in the sealing of the order of protection itself, even while the order of protection is in effect.
Consequently, a final order of protection issued against a youthful offender in a non-family context is difficult to execute, and the present law could frustrate the very purpose of the order; namely, to protect the safety and welfare of the person for whom it is issued.
This measure maintains the general rule that records regarding youthful offender adjudication should remain confidential in most instances. Notably, the measure does not broaden dissemination of any information to the public regarding the youthful offender adjudication. Disclosure is permitted only to the extent that, if applicable, the order of protection may be maintained on the statewide registry of orders of protection and may only be disclosed for the purposes of adjudicating or enforcing the order. Thus, the measure appropriately balances the salutary effect of keeping records of youthful offenders confidential with the legitimate safety concerns of those for whom the order is issued.
This measure, which would have no meaningful fiscal impact on the State, would take effect immediately.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4052--A 2011-2012 Regular Sessions IN SENATE March 15, 2011 ___________Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to orders of protection in youthful offender cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 720.35 of the criminal procedure law, as amended by section 87 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. Except where specifically required or permitted by statute or upon specific authorization of the court, all official records and papers, whether on file with the court, a police agency or the division of crim- inal justice services, relating to a case involving a youth who has been adjudicated a youthful offender, are confidential and may not be made available to any person or public or private agency, other than the designated educational official of the public or private elementary or secondary school in which the youth is enrolled as a student provided that such local educational official shall only have made available a notice of such adjudication and shall not have access to any other offi- cial records and papers, such youth or such youth's designated agent (but only where the official records and papers sought are on file with a court and request therefor is made to that court or to a clerk there- of), an institution to which such youth has been committed, the depart- ment of corrections and community supervision and a probation department of this state that requires such official records and papers for the purpose of carrying out duties specifically authorized by law; provided, however, that information regarding an order of protection or temporaryEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09513-02-2 S. 4052--A 2
order of protection issued pursuant to section 530.12 OR 530.13 of this
[chapter]PART or a warrant issued in connection therewith may be main- tained on the statewide automated order of protection and warrant regis- try established pursuant to section two hundred twenty-one-a of the executive law during the period that such order of protection or tempo- rary order of protection is in full force and effect or during which such warrant may be executed. Such confidential information may be made available pursuant to law only for purposes of adjudicating or enforcing such order of protection or temporary order of protection and, where provided to a designated educational official, as defined in section 380.90 of this chapter, for purposes related to the execution of the student's educational plan, where applicable, successful school adjust- ment and reentry into the community. Such notification shall be kept separate and apart from such student's school records and shall be accessible only by the designated educational official. Such notifica- tion shall not be part of such student's permanent school record and shall not be appended to or included in any documentation regarding such student and shall be destroyed at such time as such student is no longer enrolled in the school district. At no time shall such notification be used for any purpose other than those specified in this subdivision. S 2. This act shall take effect immediately.