This bill has been amended

Bill S65-2011

Relates to establishing a juvenile justice smart investment program

Creates a juvenile justice smart investment program.

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  • Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S65

TITLE OF BILL: An act to amend the executive law and the state finance law, in relation to establishing a juvenile justice smart investment program for the purpose of reducing juvenile justice placements through program modifications and services

PURPOSE OF THE BILL: To reinvest savings from reduced reliance on juvenile justice facilities in the Juvenile Justice Smart Investment Program.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the executive law allowing for savings from the reduced costs of maintaining juvenile justice facilities in the juvenile justice smart investment program. The fund can only be used to fund programs and services for youth which avert institutional placements.

Section 3 is the effective date.

JUSTIFICATION: The Governor's Task Force on Juvenile Justice report recommends that savings from juvenile justice facility closures be reinvested in the juvenile justice system, where it can be utilized to address the needs of those same children.

Many of the youth who are placed in juvenile justice facilities are not there because they represent a risk to public safety- indeed, the majority of these youth have been convicted of misdemeanor offenses. These youth have been placed in these facilities because there are not adequate social service or mental health resources available to them in their communities. As New York transitions away from an over reliance on costly institutional placements, we should reinvest the funds in programs that have demonstrated success in addressing the needs of these youth.

PRIOR LEGISLATIVE HISTORY: Passed the Senate Committee on Children and Families on February 26, 2010; Referred to and died in Senate Finance on March 9, 2010; Referred to and died in Assembly Children and Families Committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. Would potentially result in a cost savings to the state and local governments because of costly residential placement of juveniles.

EFFECTIVE DATE: April 1, 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ 65 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law and the state finance law, in relation to establishing a juvenile justice smart investment program for the purpose of reducing juvenile justice placements through program modifications and services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 531-a to read as follows: S 531-A. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM. 1. THERE IS HEREBY CREATED A JUVENILE JUSTICE SMART INVESTMENT PROGRAM. FUNDS FOR THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM SHALL BE APPROPRIATED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW. AMOUNTS APPROPRIATED TO THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM PURSUANT TO THIS SECTION OR SECTION NINETY-NINE-T OF THE STATE FINANCE LAW SHALL BE MADE AVAILABLE TO THE OFFICE OF CHILDREN AND FAMILY SERVICES WHICH SHALL ONLY USE SUCH APPROPRIATIONS TO FUND PROGRAMS OR SERVICES THAT SEEK TO REDUCE THE NUMBER OF JUVENILE JUSTICE PLACEMENTS PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT, OR JUVENILE DETENTION AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE. SUCH PROGRAMS AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, DEMONSTRATED EFFECTIVE PROGRAMS SUCH AS EVIDENCE-BASED PROGRAMS OR SERVICES THAT PROVIDE ALTERNATIVES, OR SEEK TO DIVERT YOUTH FROM DETENTION AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE OR RESIDENTIAL PLACEMENT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT.
S 2. The state finance law is amended by adding a new section 99-t to read as follows: S 99-T. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT. 1. THERE IS HEREBY CREATED A MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN AS THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT IS ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE. 2. THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM ACCOUNT SHALL CONSIST OF FIFTY PERCENT OF THE SAVINGS THE STATE ACHIEVES ANNUALLY, AS CALCU- LATED IN THE FINANCIAL PLAN AS DEFINED IN SUBDIVISION SEVEN-A OF SECTION TWO OF THIS CHAPTER, AS A RESULT OF ANY ACTIONS TAKEN IN THE CURRENT STATE FISCAL YEAR OR ANY PREVIOUS STATE FISCAL YEARS. 3. AMOUNTS APPROPRIATED TO THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM PURSUANT TO THIS SECTION OR PURSUANT TO SECTION FIVE HUNDRED THIRTY-ONE-A OF THE EXECUTIVE LAW SHALL BE MADE AVAILABLE TO THE OFFICE OF CHILDREN AND FAMILY SERVICES WHICH SHALL ONLY USE SUCH APPROPRIATIONS TO FUND PROGRAMS OR SERVICES THAT SEEK TO REDUCE THE NUMBER OF JUVENILE JUSTICE PLACEMENTS PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT, OR JUVENILE DETENTION AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW. SUCH PROGRAMS AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, DEMONSTRATED EFFECTIVE PROGRAMS SUCH AS EVIDENCE-BASED PROGRAMS OR SERVICES THAT PROVIDE ALTERNATIVES, OR SEEK TO DIVERT YOUTH FROM DETENTION AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW OR RESIDENTIAL PLACEMENT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT. S 3. This act shall take effect April 1, 2011.

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