S6845A-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

S6845A-2011 Meetings

S6845A-2011 Calendars

S6845A-2011 Votes

S6845A-2011 Memo

BILL NUMBER:S6845A

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.

S6845A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6845--A
 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 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14488-04-2
 
       S. 6845--A                          2
 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
 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.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!