Relates to restitution or public service under orders for placement of certain juveniles.

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S6845-2011 Actions

• Jun 12, 2012: referred to judiciary
• Jun 12, 2012: DELIVERED TO ASSEMBLY
• Jun 12, 2012: PASSED SENATE
• Jun 12, 2012: ORDERED TO THIRD READING CAL.1155
• Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 5, 2012: PRINT NUMBER 6845A
• Jun 5, 2012: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
• Mar 28, 2012: REFERRED TO CHILDREN AND FAMILIES

S6845-2011 Votes

S6845-2011 Memo

BILL NUMBER:S6845

TITLE OF BILL:

An act
to amend the family court act, in relation to restitution and public
service orders

PURPOSE OF BILL:

This bill would amend the Family Court Act ("FCA") to authorize judges
to recommend that a juvenile delinquent be required to pay restitution
regardless of whether the youth is placed with an authorized agency
or with family members.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend FCA � 353.6(1)(a) to provide that
when a juvenile delinquent is placed with a suitable relative or
other suitable person, the judge may recommend that the juvenile
delinquent be required to pay restitution out of his or her own funds
or earnings, either in a lump sum or in periodic payments in amounts
set by the court.

Section 2 of the bill would amend Family Court Act � 353.6(2) to
eliminate language that allows a family court judge to recommend
restitution only for juvenile delinquents who are placed with an
authorized agency.

Section 3 of the bill contains the effective date.

EXISTING LAW:

Under current law, a family court judge may only recommend restitution
in instances where a juvenile delinquent is placed with an authorized
agency but may not do so when such individual is placed with a
suitable relative or other person (See Matter of Dylan AA, 19 Misc.3d
206 (Fam. Ct. Clinton Co. 2008)).

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

This bill would give a family court judge who wants to recommend that
a juvenile delinquent pay restitution. the option of placing that youth
with his or her family or with another suitable person, rather than
requiring the judge to place such a youth with an authorized agency.
As noted by the judge in Matter of Dylan AA, 19 Misc.3d at 208, "[i]f
after considering the best interest of the child and the need for
protection of the community,
the court concludes that placement with a relative is the best
alternative, the court should not have to choose between the best
alternative and the ability to, at least, recommend restitution." The


judge in Dylan AA also recommended that legislature "remedy this
statutory void." Id.

This bill would fill the statutory void by allowing judges to
recommend restitution whether the juvenile delinquent is placed with
an authorized agency or with a family member or other person. It
would not only remove a disincentive for a judge to place a youth
with his or her family, but it would also enable all victims to
receive restitution for their losses. It would not constitute a
financial obligation of the family member or other person with which
a juvenile is placed.

BUDGET IMPLICATIONS:

This bill would have no negative fiscal impact.

EFFECTIVE DATE:

The bill would become effective immediately.

S6845-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6845

                              I N  SENATE

                               March 28, 2012
                                 ___________

  Introduced  by  Sen.  NOZZOLIO  --  (at  request of the Office of Victim
    Services) -- 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 restitution and
    public service orders

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


    Section  1.  Paragraph  (a)  of  subdivision 1 of section 353.6 of the
  family court act, as amended by chapter 317 of  the  laws  of  2004,  is
  amended to read as follows:

    (a)  recommend as a condition of placement, or order as a condition of
  probation or conditional discharge, restitution in an amount  represent-
  ing  a  fair  and  reasonable  cost  to replace the property, repair the
  damage caused by the respondent or provide the victim with  compensation
  for  unreimbursed medical expenses, not, however, to exceed one thousand
  five hundred dollars. In the case of a placement MADE TO  AN  AUTHORIZED
  AGENCY  OR  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, the court may
  recommend that the respondent pay out of his or her own funds  or  earn-
  ings the amount of replacement, damage or unreimbursed medical expenses,
  either in a lump sum or in periodic payments in amounts set by the agen-
  cy  with which he or she is placed, IN THE CASE OF A PLACEMENT MADE TO A
  SUITABLE RELATIVE OR OTHER SUITABLE PERSON, THE COURT MAY  REQUIRE  THAT
  THE RESPONDENT PAY OUT OF HIS OR HER OWN FUNDS OR EARNINGS THE AMOUNT OF
  REPLACEMENT,  DAMAGE  OR UNREIMBURSED MEDICAL EXPENSES, EITHER IN A LUMP
  SUM OR IN PERIODIC PAYMENTS IN AMOUNTS SET BY THE COURT, and in the case
  of probation or conditional discharge, the court may  require  that  the
  respondent  pay  out  of  his or her own funds or earnings the amount of
  replacement, damage or unreimbursed medical expenses, either in  a  lump
  sum or in periodic payments in amounts set by the court; and/or
    S  2. Subdivision 2 of section 353.6 of the family court act, as added
  by chapter 920 of the laws of 1982, is amended to read as follows:

    2. If the court recommends restitution or requires  services  for  the
  public  good  in  conjunction  with  an  order  of placement pursuant to
  section 353.3 or 353.5 OF THIS PART, AND the  placement  [shall  be]  IS

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14488-03-2

 S. 6845                             2

  made [only] to an authorized agency[, including the division for youth,]
  OR  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES which has adopted rules
  and regulations for the supervision of such  a  program[,  which].  SUCH
  rules  and  regulations[, except in the case of the division for youth,]
  OF AN AUTHORIZED AGENCY shall be subject to the approval of  the  [state
  department  of  social services] OFFICE OF CHILDREN AND FAMILY SERVICES.
  Such rules  and  regulations  shall  include,  but  not  be  limited  to
  provisions:   (i) assuring that the conditions of work, including wages,
  meet the standards therefor prescribed pursuant to the labor  law;  (ii)
  affording coverage to the respondent under the workers' compensation law
  as  an  employee  of  such  agency, department, division or institution;
  (iii) assuring that the entity receiving such services shall not utilize
  the same to replace  its  regular  employees;  and  (iv)  providing  for
  reports to the court not less frequently than every six months.
    S 3. This act shall take effect immediately.