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Memo

BILL NUMBER:S5494A

TITLE OF BILL: An act to amend the social services law, in relation to juvenile justice records

SUMMARY OF PROVISIONS: Section 1. Amends Section 372 of the social services law to allow sharing of certain juvenile justice records to individuals leaving the custody of the NYC Administration for Children's Services and entering the custody of the NYC Department of Corrections. This section also forbids redisclosure of these records unless allowed by law and approval of the Department, or if said records are dated earlier than 10 years prior to the information request.

JUSTIFICATION: Accurate classification of adolescent inmates is crucial in order for the new York City Department of Corrections (DOC) to maintain a safe and secure environment and to provide services tailored to adolescents' needs. Approximately 6,000 adolescents, between the ages of sixteen and eighteen, are admitted to DOC custody each year; approximately 250 have had at least one prior admission to the juvenile justice system within a year prior to their DOC admission. Adolescents are housed separately from adults and have distinct programming needs. The adolescent population has been disproportionately involved in incidents of violence in the jails; while representing only 7% of the daily population, its involvement in violent incidents is over 19%.

Access to juvenile justice records would enable the DOC to classify inmates more accurately, ensuring, for example, that inmates with no prior history of violence or involvement in the adolescent or adult justice systems not be housed with inmates who pose a high risk of violence. Such classifications protect both adolescent and adult populations as well as DOC staff.

Juvenile justice records will also enable DOC to enhance existing adolescent programming and to develop new targeted programming to address adolescent-specific needs, in order to further ensure the safety of staff and the adolescent population and reduce the likelihood of future incarcerations.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

LOCAL FISCAL IMPLICATIONS: None to New York City.

EFFECTIVE DATE: This act shall take effect immediately.

 

Text

STATE OF NEW YORK
________________________________________________________________________

5494--A
Cal. No. 925

2011-2012 Regular Sessions

IN SENATE

May 25, 2011
___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the social services law, in relation to juvenile justice
  records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 372 of the social services law is amended by adding
a new subdivision 4-c to read as follows:
  4-C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  NEW  YORK  CITY
ADMINISTRATION  FOR  CHILDREN'S  SERVICES MAY RELEASE RECORDS OF ARRESTS
AND  CONVICTIONS,  HISTORIES  OF  ADMISSION  TO  SECURE  AND  NON-SECURE
DETENTION FACILITIES, AND RECORDS OF BEHAVIOR IN SUCH FACILITIES, TO THE
NEW  YORK  CITY DEPARTMENT OF CORRECTION UPON ITS REQUEST, FOR ANY INDI-
VIDUAL WHO WAS FORMERLY IN THE CUSTODY OF THE  NEW  YORK  CITY  ADMINIS-
TRATION FOR CHILDREN'S SERVICES OR A PREDECESSOR AGENCY AND WHO HAS BEEN
ADMITTED INTO THE CUSTODY OF THE NEW YORK CITY DEPARTMENT OF CORRECTION.
NOTWITHSTANDING  THE  PROVISIONS  OF THIS SUBDIVISION, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES SHALL NOT RELEASE TO THE NEW YORK
CITY DEPARTMENT OF CORRECTION ANY SUCH RECORD THAT IS DATED EARLIER THAN
TEN YEARS PRIOR TO THE DATE OF SUCH REQUEST, EXCEPT  THAT  A  RECORD  OF
ESCAPE  OR  ATTEMPTED  ESCAPE  MAY BE RELEASED REGARDLESS OF THE DATE OF
SUCH RECORD. RECORDS RELEASED PURSUANT TO THIS SUBDIVISION SHALL NOT  BE
REDISCLOSED  EXCEPT  AS OTHERWISE PERMITTED BY LAW AND UPON THE APPROVAL
OF THE DEPARTMENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-02-1