Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in family court.
TITLE OF BILL: An act to amend the family court act, in relation to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.
This measure would clarify and fill gaps in the statutory framework with respect to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings.
First, this measure would clarify that an adjournment in contemplation ("ACOD") may be ordered either before entry of a fact-finding order or before entry of a final disposition. It would maintain current law permitting an ACOD to be ordered upon consent of the parties and child's attorney prior to entry of a fact-finding order. Preserving a 1990 amendment to Family Court Act .1039(e) that followed from the Court of Appeals decision in Matter of Marie B., 62 N.Y.2d 352 (1984), if Family Court finds a violation of the conditions of the adjournment and restores the matter to its calendar, the parent would be entitled to a fact-finding hearing on the original child abuse or neglect petition prior to the case advancing to the dispositional stage. Eliminating the confusing and overly limiting phrase "upon a fact-finding hearing," this measure makes clear that an ACOD may instead be ordered' (a)fter the entry of a fact-finding order but prior to the entry of a dispositional order" also upon motion by any party or the child's attorney. In such event, consent of the petitioner child protective agency and child's attorney would not be required but both would have a right to be heard regarding their positions. Where the matter is restored to the Family Court calendar as a result of a violation of the conditions of the adjournment, the matter would proceed to disposition no later than thirty days after the application to restore the matter to the calendar, unless an extension for "good cause" is granted by the Court. In all cases, Family Court must state reasons on the record for adjourning a case in contemplation of dismissal.
This measure also clarifies that an ACOD may be extended for up to one year, either upon consent of the parties and child's attorney (if prior to fact-finding) or for good cause upon the respondent's consent (if after fact-finding and prior to disposition). If a violation of the conditions of the adjournment is alleged, the adjournment period is tolled pending a determination regarding the alleged violation. Additionally, sixty days prior to expiration of the ACOD, the child protective agency must report to the Family Court, parties and child's attorney regarding compliance with the conditions. If there has been no violation of the ACOD and it has not been extended, the petition would be deemed dismissed and, in the case of a post-fact-finding ACOD, the fact-finding itself would be deemed vacated. If the court finds a violation, it may extend the ACOD, possibly with new or different conditions, or may restore the matter to the calendar for
fact-finding (for pre-fact-finding ACOD's) or for disposition (for post-fact-finding ACOD's).
During the period of an ACOD, Family Court could not place the child pursuant to Family Court Act § 1055 and the ACOD may not be conditioned upon the child's voluntary placement pursuant to Social Services Law §358-a. Except as necessary under sections 1024 or 1027 of the Family Court Act, the child could not be removed from home during the adjournment period. These amendments are necessary in light of the fact that children remanded or placed in foster care, notwithstanding ACOD of the underlying proceeding, are not eligible for Federal foster care reimbursement under Title IV-E of the Social Security Act. It goes without saying that if the case warrants dismissal following a period of adjournment, the Court could not find that retention in the home would be contrary to the child's best interests, as is required by the New York State and Federal Adoption and Safe Families Acts for Federal foster care eligibility. See Family Court Act §1027(b); Social Services Law §358-a(3); Public Law 105-89.
Like the provisions regarding ACODs, the dispositional alternative of suspended judgment in child protective cases has long generated confusion, because the Family Court Act is largely silent regarding procedures for its issuance, as well as its ultimate consequences. Similar to statutory amendments made in 2005 and 2006 to Family Court Act §633,(1) the suspended judgment provisions applicable to permanent neglect cases, this measure would amend Family Court Act § 1053 to require that the order suspending judgment contain its duration, terms and conditions. The order also would require a warning in conspicuous print that failure to comply may lead to its revocation and to issuance of any other order of disposition that might have been made under Family Court Act § 1052 at the time the judgment was suspended. A copy of the order must be furnished to the respondent.
This measure would clarify procedures applicable when a parent has successfully complied with the conditions of a suspended judgment. The order suspending judgment must include a date for a review by the court and parties of the parent's compliance no later than 30 days prior to the expiration of the suspended judgment period. In addition to existing requirements for progress reports 90 days after issuance of the order and as ordered by the court, this measure would require a report no later than 60 days prior to the suspended judgment's expiration.
Consistent with the observation of the Appellate Division, Third Department, in Matter of Baby Girl W., 245 A.D.2d 830 (3rd Dept., 1997), this measure provides that, at the end of a successful period of a suspended judgment, the underlying order of factfinding would not automatically be vacated; nor would the report on the Statewide Central Register of Child Abuse and Maltreatment automatically be sealed or expunged. Rather, as in Matter of Makynli N., 17 Misc.3d 1127, (Fam. Ct., Monroe Co., 2007) (Unreported), a parent could apply to Family Court, pursuant to Family Court Act §1061, for an order vacating the order of fact-finding and dismissing the proceeding in accordance with Family Court Act § 1051(c) on the ground that the court's aid is no longer required and that the dismissal would be in the children's best interests. Such a dismissal would then provide the parent with grounds to seek administrative relief in terms of sealing
or expungement of the State Central Register report. As the Family Court, Monroe County, noted in its earlier opinion in the case,
(A) suspended judgment neither condones Respondent's neglectful action, nor does it necessarily eradicate the finding. (Citation omitted).
Matter of MN, 16 Misc.3d 499,506 (Fam. Ct., Monroe Co., 2007). Significantly, it is the requirement of this procedural step, i.e., the motion under Family Court Act § 1061, that distinguishes the outcome of a successful suspended judgment from that of an adjournment in contemplation of dismissal. A suspended judgment may thus be an appropriate disposition in cases in which the Court determines that a full dismissal of the proceedings, including vacatur of the fact-finding, should not be automatic.
Concomitantly, this measure amends the procedures to be followed in the event that the parent does not comply with the conditions of a suspended judgment. While chapter 519 of the Laws of 2008 amended Family Court Act §1052(a) to clarify that a disposition of suspended judgment may not be combined with that of placement of a child, there may be cases where temporary removal of a child may be necessary pending the outcome of a motion or order to show cause alleging a violation of a suspended judgment. Thus, just as Family Court may remove a child from home if necessary for the child's protection pending disposition of a child protective proceeding, pursuant to Family Court Act § 1027(a)(iii), so, too, this measure would permit the convening of a hearing and, if needed, temporary removal of child from his or her home pending the resolution of a violation proceeding.
This measure, which would have no fiscal impact on the State, would take effect 90 days after becoming law.
LEGISLATIVE HISTORY: Senate 8235-A (Sen. Montgomery) (Rules) Assembly 11506 (M. of A. Weinstein) (PASSED)
FOOTNOTE: (1) See L. 2005, c. 3; L. 2006, c. 437.
STATE OF NEW YORK ________________________________________________________________________ 6678 IN SENATE March 8, 2012 ___________Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1039 of the family court act, as amended by chapter 707 of the laws of 1975, subdivisions (a), (b), (c), (d) and (e) as amended by chapter 41 of the laws of 2010 and subdivision (f) as amended by chapter 601 of the laws of 1985, is amended to read as follows: S 1039. Adjournment in contemplation of dismissal. (a) (I) Prior to
[or upon]THE ENTRY OF a fact-finding [hearing]ORDER, the court may, upon a motion by [the petitioner with the consent of the respondent and]ANY PARTY OR the child's attorney WITH THE CONSENT OF ALL PARTIES AND THE CHILD'S ATTORNEY, or upon its own motion with the consent of [the petitioner, the respondent]ALL PARTIES and the child's attorney, order that the proceeding be ["]adjourned in contemplation of dismissal [". Under no circumstances shall the court order any party to consent to an order under this section]. (II) AFTER ENTRY OF A FACT-FINDING ORDER BUT PRIOR TO THE ENTRY OF A DISPOSITIONAL ORDER, THE COURT MAY, WITH CONSENT OF THE RESPONDENT AND UPON MOTION OF ANY PARTY OR THE CHILD'S ATTORNEY OR UPON ITS OWN MOTION WITHOUT REQUIRING THE CONSENT OF THE PETITIONER OR ATTORNEY FOR THE CHILD, ORDER THAT THE PROCEEDING BE ADJOURNED IN CONTEMPLATION OF DISMISSAL. THE PETITIONER, RESPONDENT AND ATTORNEY FOR THE CHILD HAVE A RIGHT TO BE HEARD WITH RESPECT TO THE MOTION. (III) The court may make [such]AN order UNDER THIS SECTION only after it has apprised the respondent of the provisions of this section and it is satisfied that the respondent understands the effect of such provisions. UNDER NO CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO CONSENT TO AN ORDER UNDER THIS SECTION. THE COURT SHALL STATE ITSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11106-01-1 S. 6678 2
REASONS ON THE RECORD FOR ORDERING AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL UNDER THIS SECTION. (b) An adjournment in contemplation of dismissal is an adjournment of the proceeding for a period not to exceed one year with a view to ulti- mate dismissal of the petition in furtherance of justice. IN THE CASE OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AFTER THE ENTRY OF A FACT-FINDING ORDER, SUCH DISMISSAL INCLUDES VACATUR OF THE FACT-FINDING ORDER. (I) Upon the consent of the petitioner, the respondent and the child's attorney, the court may issue an order extending
[such]THE period OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION (A) OF THIS SECTION PRIOR TO THE ENTRY OF A FACT-FINDING ORDER for such time and upon such conditions as may be agreeable to the parties. (II) FOR GOOD CAUSE SHOWN AND WITH THE CONSENT OF THE RESPONDENT, THE COURT MAY, ON ITS OWN MOTION OR ON MOTION OF ANY PARTY OR THE ATTORNEY FOR THE CHILD AND AFTER PROVIDING NOTICE AND AN OPPORTUNITY TO BE HEARD TO ALL PARTIES AND THE ATTORNEY FOR THE CHILD, ISSUE AN ORDER EXTENDING AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED PURSUANT TO PARA- GRAPH (II) OF SUBDIVISION (A) OF THIS SECTION AFTER ENTRY OF A FACT-FINDING ORDER FOR SUCH TIME AND UPON SUCH CONDITIONS AS MAY BE IN THE BEST INTERESTS OF THE CHILD OR CHILDREN WHO ARE THE SUBJECTS OF THE PROCEEDING. (III) THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR EXTENDING AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL UNDER THIS SUBDIVISION, INCLUDING ITS REASONS FOR CHANGES IN THE TERMS AND CONDITIONS, IF ANY. (c) [Such]THE order [may]SHALL include terms and conditions [agree- able to the parties and to the court, provided that such terms and conditions]IN FURTHERANCE OF THE BEST INTERESTS OF THE CHILD OR CHIL- DREN WHO ARE THE SUBJECTS OF THE PROCEEDING AND shall include, BUT NOT BE LIMITED TO, a requirement that the child and the respondent be under the supervision of a child protective agency during the adjournment period. EXCEPT AS PROVIDED IN SUBDIVISION (G) OF THIS SECTION, AN ORDER PURSUANT TO SECTION ONE THOUSAND SEVENTEEN, OR SECTION ONE THOUSAND FIFTY-FIVE OF THIS ARTICLE SHALL NOT BE MADE IN ANY CASE ADJOURNED UNDER THIS SECTION; NOR SHALL AN ORDER UNDER THIS SECTION CONTAIN A CONDITION REQUIRING THE CHILD OR CHILDREN TO BE PLACED VOLUNTARILY PURSUANT TO SECTIONS THREE HUNDRED FIFTY-EIGHT AND THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL SERVICES LAW. In any order issued pursuant to this section, [such agency]THE PETITIONER shall be directed to make a progress report to the court, the parties and the child's attorney on the implementation of such order, no later than ninety days after the issuance of such order [, unless the court determines that the facts and circumstances of the case do not require such reports to be made]AND SHALL SUBMIT A REPORT PURSUANT TO SECTION ONE THOUSAND FIFTY-EIGHT OF THIS ARTICLE NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF THE ORDER. The [child protective agency]PETITIONER shall make further reports to the court, the parties and the child's attorney in such manner and at such times as the court may direct. (d) Upon application of the respondent, the petitioner [,]OR the child's attorney or upon the court's own motion, made at any time during the duration of the order, if the child protective agency has failed substantially to provide the respondent with adequate supervision or to observe the terms and conditions of the order, the court may direct the child protective agency to observe such terms and conditions and provideS. 6678 3
adequate supervision or may make any order authorized pursuant to section two hundred fifty-five OR ONE THOUSAND FIFTEEN-A of this act. (e)
[Upon application of]IF, PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, A MOTION OR ORDER TO SHOW CAUSE IS FILED BY the petitioner or the child's attorney or upon the court's own motion, made at any time during the duration of the order, [the]THAT ALLEGES A VIOLATION OF THE TERMS AND CONDITIONS OF THE ADJOURNMENT, THE PERIOD OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL IS TOLLED AS OF THE DATE OF SUCH FILING UNTIL THE ENTRY OF AN ORDER DISPOSING OF THE MOTION OR ORDER TO SHOW CAUSE. THE court may REVOKE THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND restore the matter to the calendar OR THE COURT MAY EXTEND THE PERIOD OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL PURSUANT TO SUBDIVISION (B) OF THIS SECTION, if the court finds after a hearing ON THE ALLEGED VIOLATION that the respondent has failed substantially to observe the terms and conditions of the order or to cooperate with the supervising child protective agen- cy. [In such event]WHERE THE COURT HAS REVOKED THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND RESTORED THE MATTER TO THE CALENDAR: (I) IN THE CASE OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED PRIOR TO THE ENTRY OF A FACT-FINDING ORDER, unless the parties consent to an order pursuant to section one thousand fifty-one of this [act]ARTICLE or unless the petition is dismissed upon the consent of the petitioner, the court shall thereupon proceed to a fact-finding hearing under this article no later than sixty days after [such]THE application TO RESTORE THE MATTER TO THE CALENDAR, unless such period is extended by the court for good cause shown; OR (II) IN THE CASE OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED AFTER THE ENTRY OF A FACT-FINDING ORDER, THE COURT SHALL THEREUP- ON PROCEED TO A DISPOSITIONAL HEARING UNDER THIS ARTICLE NO LATER THAN THIRTY DAYS AFTER THE APPLICATION TO RESTORE THE MATTER TO THE CALENDAR, UNLESS SUCH PERIOD IS EXTENDED BY THE COURT FOR GOOD CAUSE SHOWN. (III) THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR REVOKING AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND RESTORING THE MATTER TO THE CALENDAR UNDER THIS SUBDIVISION. (f) If the proceeding is not [so]restored to the calendar AS A RESULT OF A FINDING OF AN ALLEGED VIOLATION PURSUANT TO SUBDIVISION (E) OF THIS SECTION AND IF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL IS NOT EXTENDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, the petition is, at the expiration of the adjournment IN CONTEMPLATION OF DISMISSAL peri- od, deemed to have been dismissed by the court in furtherance of justice [unless an application is pending pursuant to subdivision (e) of this section]. If [such application is granted]THE COURT FINDS A VIOLATION PURSUANT TO SUBDIVISION (E) OF THIS SECTION, the petition shall not be dismissed and shall proceed in accordance with the provisions of such subdivision (e). (g) Notwithstanding the provisions of this section, IF A MOTION OR ORDER TO SHOW CAUSE IS FILED ALLEGING A VIOLATION PURSUANT TO SUBDIVI- SION (E) OF THIS SECTION AND THE COURT FINDS THAT REMOVAL OF THE CHILD FROM THE HOME IS NECESSARY PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN OF THIS ARTICLE DURING THE PENDENCY OF THE VIOLATION MOTION OR ORDER TO SHOW CAUSE, the court [,]may, at any time prior to dismissal of the petition pursuant to subdivision (f) OF THIS SECTION, issue an order authorized pursuant to section one thousand twenty-seven OF THIS ARTI- CLE. NOTHING IN THIS SECTION SHALL PRECLUDE THE CHILD PROTECTIVE AGENCY FROM TAKING EMERGENCY ACTION PURSUANT TO SECTION ONE THOUSAND TWENTY-FOUR OF THIS ARTICLE WHERE COMPELLED BY THE TERMS OF THATS. 6678 4
SECTION. IF THE VIOLATION IS FOUND AND THE MATTER IS RESTORED TO THE CALENDAR, THE COURT MAY MAKE FURTHER ORDERS IN ACCORDANCE WITH SUBDIVI- SION (E) OF THIS SECTION. S 2. Section 1053 of the family court act, as added by chapter 962 of the laws of 1970 and subdivision (c) as amended by chapter 41 of the laws of 2010, is amended to read as follows: S 1053. Suspended judgment. (a) Rules of court shall define permissi- ble terms and conditions of a suspended judgment. These terms and condi- tions shall relate to the acts or omissions of the parent or other person legally responsible for the care of the child. (b) The maximum duration of any term or condition of a suspended judg- ment is one year, unless the court finds at the conclusion of that peri- od, upon a hearing, that exceptional circumstances require an extension thereof for A PERIOD OF UP TO an additional year. THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR EXTENDING A PERIOD OF SUSPENDED JUDGMENT UNDER THIS SUBDIVISION, INCLUDING ITS REASONS FOR CHANGES IN THE TERMS AND CONDITIONS, IF ANY. (c) Except as provided for herein, in any order issued pursuant to this section, the court may require the child protective agency to make progress reports to the court, the parties, and the child's attorney on the implementation of such order. Where the order of disposition is issued upon the consent of the parties and the child's attorney, such agency shall report to the court, the parties and the child's attorney no later than ninety days after the issuance of the order, unless the court determines that the facts and circumstances of the case do not require such report to be made. (D) THE ORDER OF SUSPENDED JUDGMENT MUST SET FORTH THE DURATION, TERMS AND CONDITIONS OF THE SUSPENDED JUDGMENT, AND MUST CONTAIN A DATE CERTAIN FOR A COURT REVIEW NOT LATER THAN THIRTY DAYS PRIOR TO THE EXPI- RATION OF THE PERIOD OF SUSPENDED JUDGMENT. THE ORDER OF SUSPENDED JUDG- MENT ALSO MUST STATE IN CONSPICUOUS PRINT THAT A FAILURE TO OBEY THE ORDER MAY LEAD TO ITS REVOCATION AND TO THE ISSUANCE OF ANY ORDER THAT MIGHT HAVE BEEN MADE AT THE TIME JUDGMENT WAS SUSPENDED. A COPY OF THE ORDER OF SUSPENDED JUDGMENT MUST BE FURNISHED TO THE RESPONDENT. (E) NOT LATER THAN SIXTY DAYS BEFORE THE EXPIRATION OF THE PERIOD OF SUSPENDED JUDGMENT, THE PETITIONER SHALL FILE A REPORT, PURSUANT TO SECTION ONE THOUSAND FIFTY-EIGHT OF THIS ARTICLE, WITH THE FAMILY COURT AND ALL PARTIES, INCLUDING THE RESPONDENT AND HIS OR HER ATTORNEY, THE ATTORNEY FOR THE CHILD AND INTERVENORS, IF ANY, REGARDING THE RESPOND- ENT'S COMPLIANCE WITH THE TERMS OF THE SUSPENDED JUDGMENT. THE REPORT SHALL BE REVIEWED BY THE COURT ON THE SCHEDULED COURT DATE. UNLESS A MOTION OR ORDER TO SHOW CAUSE HAS BEEN FILED PRIOR TO THE EXPIRATION OF THE PERIOD OF SUSPENDED JUDGMENT ALLEGING A VIOLATION OR SEEKING AN EXTENSION OF THE PERIOD OF THE SUSPENDED JUDGMENT, THE TERMS OF THE DISPOSITION OF SUSPENDED JUDGMENT SHALL BE DEEMED SATISFIED. IN SUCH EVENT, THE COURT'S JURISDICTION OVER THE PROCEEDING SHALL BE TERMINATED. HOWEVER, THE ORDER OF FACT-FINDING AND THE PRESUMPTIVE EFFECT OF SUCH FINDING UPON RETENTION OF THE REPORT OF SUSPECTED ABUSE AND NEGLECT ON THE STATE CENTRAL REGISTER IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVI- SION EIGHT OF SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES LAW SHALL REMAIN IN EFFECT UNLESS THE COURT GRANTS A MOTION BY THE RESPOND- ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND SIXTY-ONE OF THIS ARTICLE. S 3. Section 1071 of the family court act, as amended by chapter 437 of the laws of 2006, is amended to read as follows:S. 6678 5
S 1071. Failure to comply with terms and conditions of suspended judg- ment. If, prior to the expiration of the period of the suspended judg- ment, a motion or order to show cause is filed that alleges that a parent or other person legally responsible for a child's care violated the terms and conditions of a suspended judgment issued under section one thousand fifty-three of this article, the period of the suspended judgment shall be tolled AS OF THE DATE OF SUCH FILING pending disposi- tion of the motion or order to show cause. IF A MOTION OR ORDER TO SHOW CAUSE ALLEGING A VIOLATION HAS BEEN FILED AND THE COURT FINDS THAT REMOVAL OF THE CHILD FROM THE HOME PENDING DISPOSITION OF THE MOTION OR ORDER TO SHOW CAUSE IS NECESSARY PURSUANT TO SECTION ONE THOUSAND TWEN- TY-SEVEN OF THIS ARTICLE, THE COURT MAY ISSUE AN ORDER PURSUANT TO SUCH SECTION ONE THOUSAND TWENTY-SEVEN. NOTHING IN THIS SECTION SHALL PRECLUDE THE CHILD PROTECTIVE AGENCY FROM TAKING EMERGENCY ACTION PURSU- ANT TO SECTION ONE THOUSAND TWENTY-FOUR OF THIS ARTICLE WHERE COMPELLED BY THE TERMS OF THAT SECTION. If, after A hearing ON THE ALLEGED VIOLATION, the court is satisfied by competent proof that the parent or other person violated the order of suspended judgment, the court may revoke the suspension of judgment and enter any order that might have been made at the time judgment was suspended OR MAY EXTEND THE PERIOD OF SUSPENDED JUDGMENT PURSUANT TO SUBDIVISION (B) OF SECTION ONE THOUSAND FIFTY-THREE OF THIS ARTICLE. THE COURT SHALL STATE ITS REASONS FOR REVOKING OR EXTENDING A PERIOD OF SUSPENDED JUDGMENT UNDER THIS SECTION. S 4. This act shall take effect on the ninetieth day after it shall have become a law.