A05645 Summary:

BILL NO    A05645 

SAME AS    No same as

SPONSOR    Lopez V (MS)

COSPNSR    Perry, Pretlow

MLTSPNSR   Clark, Rivera P

Amd SS502, 503 & 530, Exec L; amd S218-a, County L; amd SS301.2, 304.1, 350.1,
712 & 720, Fam Ct Act; amd S153, Soc Serv L; amd S677, NYC Chart

Requires development of a home detention program to permit juveniles who are
pending adjudication, disposition or placement by the family court to remain in
the custody of their parents instead of a detention facility if such juvenile
poses minimal risk to the community and the parent or guardian agrees to assume
responsibility; requires supervision of such program and provision of services
by local agencies.

A05645 Actions:

BILL NO    A05645 

02/17/2009 referred to children and families
01/06/2010 referred to children and families

A05645 Votes:

A05645 Memo:

 BILL NUMBER:  A5645

 TITLE OF BILL :  An act to amend the executive law, the county law,
the family court act, the social services law and the New York city
charter, in relation to home detention programs for juveniles

 PURPOSE OR GENERAL IDEA OF BILL :
To provide home detention programs as a constructive and cost
efficient alternative for juveniles placed in a detention facility.
 SUMMARY OF SPECIFIC PROVISIONS :
This bill would amend S 502 of the Executive Law and S 301.2 of the
Family Court Act to expand the definition of detention to include home
detention programs.  It would also amend S503 of the Executive Law to
allow administrative agencies, responsible for juvenile detention, to
establish home detention programs, and S530 of such law to authorize
reimbursement by the State for home detention programs.  In addition,
it would also amend S350.1 of the Family Court Act with respect to the
time for a dispositional hearing for youths in a home detention
program. Finally, the New York City Charter would be amended allowing
the New York City Department of Juvenile Justice to develop home
detention programs.
 JUSTIFICATION :
Administrative agencies responsible for detention of alleged juvenile
delinquents need detention options which enable the agencies to
maximize public safety while at the same time care for juveniles in
the least restrictive environment necessary to ensure their appearance
in court.  Home detention programs are a detention alternative, which
has proven to be effective, economically sound and responsive in other
states such as Florida, Ohio, Wisconsin and Michigan.  Home detention
programs offer a structured and supportive environment without
removing the children from their family or community.  Such programs
teach children to cope with the stresses of their environment and to
develop independence, so that they may become productive citizens in
their own communities.
Home detention programs in New York State would save the State and its
localities the high cost of detention in institutions. One estimate of
the basic cost to supervise a child in a home detention for one day is
only $68.  Based on one estimate of the cost of detention in a
facility at $247 per day per child, home detention would save $179
every day for every child in a home detention program.  This would be
a savings of $89.50 for the locality and $89.50 for New York State per
child per day.
Currently, because the definition of detention requires children to be
detained out of their homes, administrative agencies responsible for
juvenile detention are unable to institute a home detention program.
This bill would amend relevant State and New York City statutes to
include home detention programs and allow agencies the option of using
this rehabilitative, cost-effective alternative to institutional
detention.
 PRIOR LEGISLATIVE HISTORY :
A.2871 of the 2007/08 Session A.4211 of the 2005/06 Session
A.1477 of the 2003/04 Session
A.1235 of the 2001/02 Session
A.1509 of the 1997/98 Session
A.2159 of the 1995/96 Session
 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
This bill would result in savings to the State as a result of avoiding
a greater cost for placement in a detention facility.
 EFFECTIVE DATE :
This act shall take effect immediately.