Relates to the office of children and family services and facilitating the use of alternatives to detention programs.
Ayes (6): Montgomery, Schneiderman, Huntley, Duane, McDonald, Marcellino
Ayes (31): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Johnson O, Volker, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Marcellino, Robach
Ayes W/R (2): Padavan, Maziarz
TITLE OF BILL: An act to amend the executive law, in relation to the office of children and family services and facilitating use of alternatives to detention programs
PURPOSE OR GENERAL IDEA OF BILL: To maximize existing resources with the goal of diverting youth from placement in the juvenile justice system.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would require the Office of Children and Family Services to encourage and provide technical assistance to counties in order to maximize existing alternative to detention and placement programs. The office would also be required to promote inter county utilization of alternative to detention and placement programs wherever feasible, so that one county may use the programs and services of another county.
Section 2 would set an immediate effective date.
JUSTIFICATION: Alternative to detention and alternative to placement programs have proven effective in reducing the number of youth entering the juvenile justice system. Such programs may be administered by entities including the local social services district, the local probation department or a non-for-profit agency. Family Court judges may order the youth attend a program in lieu of placement in residential facilities, where public safety would not be at risk.
The supply of alternative programs varies throughout the State. Particularly in rural regions, few programs exist to prevent a youth from entering placement in a detention facility or State operated residential facility. While a county may lack the resources to prevent placement, a neighboring county may have an appropriate program with an existing slot. This bill would require OCFS to foster discussion among local districts so that such programs may be identified and shared between counties. OCFS would provide technical assistance where necessary to implement inter-county utilization. The goal of this bill is to achieve the maximum utilization of existing alternative programs, so that fewer youth enter placement unnecessarily.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None noted.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 8006 IN SENATE May 28, 2010 ___________Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law, in relation to the office of children and family services and facilitating use of alternatives to detention programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 9, 10, 11, 12, 13, 14, 15 and 16 of section 501 of the executive law, subdivisions 12, 13 and 14 as renumbered by chapter 465 of the laws of 1992, subdivision 16 as renumbered by chapter 170 of the laws of 1994, are renumbered subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 and a new subdivision 9 is added to read as follows: 9. (A) TO ENCOURAGE AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL SOCIAL SERVICES DISTRICTS TO ACHIEVE MAXIMUM UTILIZATION OF ALTERNATIVE TO DETENTION PROGRAMS AND SERVICES FOR PERSONS ALLEGED, OR DETERMINED TO BE, IN NEED OF SUPERVISION, JUVENILE DELINQUENTS OR OTHERWISE AT RISK OF PLACEMENT IN THE JUVENILE JUSTICE SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, SUCH PROGRAMS MAY INCLUDE PROGRAMS WITH THE GOAL OF REDUC- ING RISK BEHAVIORS AMONG YOUTH AND PROMOTING POSITIVE YOUTH DEVELOPMENT. (B) TO FACILITATE, AMONG LOCAL SOCIAL SERVICES DISTRICTS, INTER-COUNTY UTILIZATION OF ALTERNATIVE TO DETENTION PROGRAMS AND SERVICES FOR PERSONS ALLEGED, OR DETERMINED TO BE, IN NEED OF SUPERVISION, JUVENILE DELINQUENTS OR OTHERWISE AT RISK OF PLACEMENT IN THE JUVENILE JUSTICE SYSTEM. INTER-COUNTY UTILIZATION OF PROGRAMS AND SERVICES SHALL BE ENCOURAGED BY THE OFFICE TO THE EXTENT PRACTICABLE AND WOULD PROMOTE THE MAXIMIZATION OF RESOURCES. THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE TO COUNTIES WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, IDENTIFYING PROGRAMS AND SERVICES FOR INTER-COUNTY UTILIZATION, MAKING ANY FEASIBLE PROGRAM MODIFICATIONS NECESSARY TO ACHIEVE INTER-COUNTY UTILIZATION, AND ASSISTING THE COLLABORATION OF COUNTIES AND COUNTY AGENCIES WITHIN A REGIONAL AREA. FOR THE PURPOSES OF THIS SUBDIVISION, INTER-COUNTY UTILI- ZATION SHALL MEAN THE COOPERATIVE SHARING OF ALTERNATIVE TO DETENTION AND PLACEMENT PROGRAMS, SO THAT YOUTH MAY UTILIZE SUCH PROGRAMS OUTSIDE HIS OR HER OWN COUNTY OF RESIDENCE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17330-02-0