Actions

Memo

BILL NUMBER:S65A

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

SUMMARY OF 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

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: 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, 2012

Text

STATE OF NEW YORK
________________________________________________________________________

65--A

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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-U OF  THE  STATE  FINANCE  LAW.  AMOUNTS
APPROPRIATED  TO  THE JUVENILE JUSTICE SMART INVESTMENT PROGRAM PURSUANT
TO THIS SECTION OR SECTION NINETY-NINE-U 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01549-02-1
S. 65--A                            2

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-u to
read as follows:
  S 99-U. 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, 2012.