Relates to restitution or public service under orders for placement of certain juveniles.
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.
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.
This bill would have no negative fiscal impact.
The bill would become effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 6845 IN 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]ISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14488-03-2 S. 6845 2
[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.