Enacts the juvenile justice worker protection act relating to the definition of public employers.
TITLE OF BILL: An act to amend the labor law, in relation to the definition of public employers
PURPOSE OR GENERAL IDEA OF BILL: To include not for profit juvenile justice facilities in New York State under the "Workplace Violence Prevention Law."
SUMMARY OF SPECIFIC PROVISIONS: Section 1 titles the bill the "Juvenile Justice Worker Protection Act."
Section 2 amends paragraph (a) of subdivision 3 of section 27-b of the labor law as added by chapter 82 of the laws of 2006 by adding facilities that accept children adjudicated delinquent to the list of employers that are required to design and implement a workplace violence protection program to prevent and minimize the hazard of workplace violence to employees.
Section 3 states the effective date.
JUSTIFICATION: More judges statewide are sending juveniles adjudicated delinquent to less secure, privately run residential programs in lieu of state-run juvenile justice facilities. This shift raises safety concerns for youth placed in the facilities, visitors, staff, and the community surrounding the centers.
For this reason, these private facilities should be required to implement the same safety planning 'programs that is required of state operated facilities. This will result in a safer and more appropriate environment for both the youth and the employees of these private facilities by requiring facility management to identify risks of violence and undertake the means to abate those risks.
PRIOR LEGISLATIVE HISTORY: New Legislation.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 120 days following enactment.
STATE OF NEW YORK ________________________________________________________________________ 4940--B 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the definition of public employers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "juvenile justice worker protection act." S 2. Paragraph a of subdivision 2 of section 27-b of the labor law, as added by chapter 82 of the laws of 2006, is amended to read as follows: a. "Employer" means: (1) the state; (2) a political subdivision of the state, provided, however that this subdivision shall not mean any employer as defined in section twenty-eight hundred one-a of the educa- tion law;
[and](3) a public authority, a public benefit corporation, or any other governmental agency or instrumentality thereof; AND (4) AN AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW THAT ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE FAMI- LY COURT ACT. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07749-05-1