Enacts into law major components of legislation necessary to implement the state fiscal plan relating to education and family assistance; relates to apportionment of school aid, the teachers of tomorrow teacher recruitment and retention program, statewide universal full-day pre-kindergarten and support for English language learning success; to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; and to amend chapter 345 of the laws of 2009 amending the education law relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness thereof; relates to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to extending the effectiveness of such chapter; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; allocates school bus driver training grants to school districts and boards of cooperative education services; allows for eligible school districts to receive special apportionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; to provide for the repayment by the Johnson City central school district of certain excess state payments; in relation to penalties arising from the late filing of certain final cost reports; relates to establishing equalization rates for Greenburgh central school district; allows the city school district of the city of Rochester to purchase services as a non-component school district; to authorize the Tonawanda city school district to pay a certain penalty in installments; to establish a semiconductor manufacturing tax stabilization fund in the Ballston Spa central school district to lessen or prevent increases in the school district's real property tax levy; relates to employee benefit accrued liability reserve funds; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction (Part A); relates to creating the New York state get on your feet loan forgiveness program (Part C); enacts the NYS Dream Act (Part D); standardizes college financial award letter (Part F); authorizes pass-through of supplemental security income cost of living adjustments which become effective on or after January 1, 2016 (Part I); raises the age of juvenile jurisdiction (Part J); relates to state reimbursement and subsidies for the adoption of children (Part K); relates to implementing provisions required by the federal preventing sex trafficking and strengthening families act (Part L); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part M); increases the minimum wage (Part N); provides a leave of absence for healthcare professionals who volunteer to fight the Ebola virus overseas (Part O); relates to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the workers' compensation law relating thereto (Part P); relates to statutory changes to the higher education capital matching program (Part R); relates to establishing the New York state masters-in-education teacher incentive scholarship program (Part S); relates to establishing a science, technology, engineering, and math initiative (Part T); relates to establishing a financial outreach program (Part U); relates to the twelve month work exemption for certain parents or relatives providing child care (Part V); clarifies notice requirements, conciliation procedures and sanctions in cases when the recipient of public assistance programs refuses to comply with employment program requirements (Part W); relates to educational or training work activity requirements (Part X); relates to the amount of tuition assistance program awards (Part Y); relates to investment of contributions to a family tuition account (Part Z); relates to the tuition assistance program for students with disabilities (Part AA); establishes the New York state non-profit infrastructure capital investment program grant (Part BB); amends part I of chapter 58 of the laws of 2014, relating to reducing state aid for administrative costs of certain fair hearings in local social services districts, in relation to requiring social services districts with a population of more than 5,000,000 to submit plans to minimize the backlog of fair hearings (Part CC); establishes a homelessness prevention pilot program (Part DD); creates the New York city housing authority revitalization capital fund (Part EE); relates to the establishment of the foster youth college success initiative (Part FF); relates to conducting an evaluation of supportive housing services statewide (Part GG); relates to requiring the New York state energy research and development authority to continue to offer Green Jobs - Green New York financing (Part HH); establishes the "My Home Mortgage Modification Program" (Part II); relates to the Home Help Mortgage Assistance and Foreclosure Prevention Loan Program (Part JJ).
STATE OF NEW YORK
________________________________________________________________________
6006
2015-2016 Regular Sessions
IN ASSEMBLY
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to apportionment of
school aid, the teachers of tomorrow teacher recruitment and retention
program, statewide universal full-day pre-kindergarten and support for
English language learning success; to amend chapter 91 of the laws of
2002 amending the education law and other laws relating to the reor-
ganization of the New York city school construction authority, board
of education and community boards, in relation to the effectiveness
thereof; and to amend chapter 345 of the laws of 2009 amending the
education law relating to the New York city board of education, chan-
cellor, community councils and community superintendents, in relation
to the effectiveness thereof; to amend the state finance law, in
relation to moneys appropriated from the commercial gaming revenue
fund; to amend chapter 756 of the laws of 1992, relating to funding a
program for work force education conducted by the consortium for work-
er education in New York city, in relation to reimbursements for the
2015-2016 school year; to amend chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by
the consortium for worker education in New York city, in relation to
withholding a portion of employment preparation education aid and in
relation to extending the effectiveness of such chapter; to amend
chapter 169 of the laws of 1994 relating to certain provisions related
to the 1994-95 state operations, aid to localities, capital projects
and debt service budgets; to amend chapter 82 of the laws of 1995,
amending the education law and other laws relating to state aid to
school districts and the appropriation of funds for the support of
government; to amend section 7 of chapter 472 of the laws of 1998
amending the education law relating to the lease of school buses by
school districts; to amend chapter 147 of the laws of 2001 amending
the education law relating to conditional appointment of school
district, charter school or BOCES employees; to amend chapter 425 of
the laws of 2002 amending the education law relating to the provision
of supplemental educational services, attendance at a safe public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD20004-01-5
A. 6006 2
school and the suspension of pupils who bring a firearm to or possess
a firearm at a school, in relation to the effectiveness thereof; to
amend chapter 101 of the laws of 2003 amending the education law
relating to implementation of the No Child Left Behind Act of 2001, in
relation to extending the expiration of certain provisions of such
chapters; allocates school bus driver training grants to school
districts and boards of cooperative education services; allows for
eligible school districts to receive special apportionments for salary
expenses; allows for eligible school districts to receive special
apportionments for public pension accruals; allows any moneys appro-
priated to the state education department to be suballocated to other
state departments or agencies and/or shall be made available for
specific payment of aid; to provide for the repayment by the Johnson
City central school district of certain excess state payments; in
relation to penalties arising from the late filing of certain final
cost reports; to amend the real property tax law, in relation to
establishing equalization rates for Greenburgh central school
district; allows the city school district of the city of Rochester to
purchase services as a non-component school district; to authorize the
Tonawanda city school district to pay a certain penalty in install-
ments; to establish a semiconductor manufacturing tax stabilization
fund in the Ballston Spa central school district to lessen or prevent
increases in the school district's real property tax levy; to amend
the general municipal law, in relation to employee benefit accrued
liability reserve funds; specifies amounts of state funds set aside
for each school district for the purpose of the development, mainte-
nance or expansion of magnet schools or magnet school programs;
prohibits moneys appropriated for the support of public libraries to
be used for library construction (Part A); intentionally omitted (Part
B); to amend the education law, in relation to creating the New York
state get on your feet loan forgiveness program (Part C); to amend the
education law, in relation to creating the New York DREAM fund commis-
sion; eligibility requirements and conditions governing general
awards, academic performance awards and student loans; eligibility
requirements for assistance under the higher education opportunity
programs and the collegiate science and technology entry program;
financial aid opportunities for students of the state university of
New York, the city university of New York and community colleges; and
the program requirements for the New York state college choice tuition
savings program; and to repeal subdivision 3 of section 661 of such
law relating thereto (Part D); intentionally omitted (Part E); to
amend the banking law, in relation to creating a standard financial
aid award letter (Part F); intentionally omitted (Part G); inten-
tionally omitted (Part H); to amend the social services law, in
relation to increasing the standards of monthly need for aged, blind
and disabled persons living in the community (Part I); to amend the
family court act, in relation to family court, the definition of juve-
nile delinquent, the definition of a designated felony act, the proce-
dures regarding the adjustment of cases from criminal courts to family
court, the age at which children may be tried as an adult for various
felonies, the manner in which courts handle juvenile delinquent cases
services provided by family support centers, and successive petitions;
to amend the social services law, in relation to state reimbursement
for expenditures made by social services districts for various
services; to amend the social services law, in relation to the defi-
nitions of juvenile delinquent and persons in need of supervision; to
A. 6006 3
amend the penal law, in relation to the definition of infancy and the
authorized dispositions, and sentences; to amend the criminal proce-
dure law, in relation to the definition of juvenile offender; to amend
the criminal procedure law, in relation to the arrest of a juvenile
offender without a warrant; in relation to the issuance of a uniform
traffic ticket; in relation to proceedings upon felony complaints; in
relation to conditional sealing of certain convictions for offenses
committed by a defendant twenty years of age or younger; in relation
to removal of certain proceedings to family court; in relation to
joinder of offenses and consolidation of indictments; in relation to
pleas; in relation to appearances and hearings for and placements of
certain juvenile offenders; in relation to raising the age for juve-
nile offender status; to amend the correction law, in relation to
requiring that no county jail be used for the confinement of persons
under the age of eighteen; to amend the education law, in relation to
the possession of a gun on school grounds by a student; to amend the
executive law, in relation to persons in need of supervision or youth-
ful offenders; to amend part K of chapter 57 of the laws of 2012,
amending the education law, relating to authorizing the board of coop-
erative educational services to enter into contracts with the commis-
sioner of children and family services to provide certain services, in
relation to a report of the cost effectiveness and programmatic impact
of delivering special education programs; extending such provisions;
to amend the vehicle and traffic law, in relation to certain
convictions of juveniles; and in relation to authorizing family court
judges to suspend, revoke and reissue licenses and registrations; and
to repeal certain provisions of the criminal procedure law and the
correction law relating thereto (Part J); to amend the social services
law, in relation to state reimbursement and subsidies for the adoption
of children (Part K); to amend the social services law, the family
court act, the public health law and the executive law, in relation to
implementing provisions required by the federal preventing sex traf-
ficking and strengthening families act (Part L); to utilize reserves
in the mortgage insurance fund for various housing purposes (Part M);
to amend the labor law, in relation to the minimum wage (Part N); to
amend the labor law, in relation to authorized absences by healthcare
professionals who volunteer to fight the Ebola virus disease overseas
(Part O); to amend the labor law, the workers' compensation law and
chapter 784 of the laws of 1951, constituting the New York state
defense emergency act, in relation to eliminating certain fees charged
by the department of labor; and to repeal certain provisions of the
labor law and the workers' compensation law relating thereto (Part P);
intentionally omitted (Part Q); to amend part U of chapter 57 of the
laws of 2005 relating to the New York state higher education capital
matching grant program for independent colleges, in relation to the
New York state higher education matching grant program for independent
colleges and the effectiveness thereof (Part R); to amend the educa-
tion law, in relation to establishing the New York state masters-in-e-
ducation teacher incentive scholarship program (Part S); to amend the
education law, in relation to establishing a science, technology,
engineering, and math initiative (Part T); to amend the education law,
in relation to establishing a financial outreach program (Part U); to
amend the social services law, in relation to the twelve month work
exemption for certain parents or relatives providing child care (Part
V); to amend the social services law, in relation to clarifying notice
requirements conciliation procedures and sanctions in cases when the
A. 6006 4
recipient of public assistance programs refuses to comply with employ-
ment program requirements (Part W); to amend the social services law,
in relation to educational or training work activity requirements
(Part X); to amend the education law, in relation to the amount of
tuition assistance program awards (Part Y); to amend the education
law, in relation to the investment of contributions to a family
tuition account (Part Z); to amend the education law, in relation to
the tuition assistance program for students with disabilities (Part
AA); in relation to establishing the New York state non-profit infras-
tructure capital investment program grant (Part BB); to amend part I
of chapter 58 of the laws of 2014, relating to reducing state aid for
administrative costs of certain fair hearings in local social services
districts, in relation to requiring social services districts with a
population of more than 5,000,000 to submit plans to minimize the
backlog of fair hearings (Part CC); to amend the social services law,
in relation to establishing a homelessness prevention pilot program
(Part DD); to amend the public housing law, in relation to New York
city housing authority revitalization capital funds (Part EE); to
amend the education law, in relation to the establishment of the
foster youth college success initiative (Part FF); relates to conduct-
ing an evaluation of supportive housing services statewide (Part GG);
requiring the New York state energy research and development authority
to continue to offer Green Jobs - Green New York financing (Part HH);
to establish the "My Home Mortgage Modification Program" (Part II);
and relating to the Home Help Mortgage Assistance and Foreclosure
Prevention Loan Program (Part JJ)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2015-2016
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through JJ. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Paragraph e of subdivision 1 of section 211-d of the
14 education law, as amended by section 1 of part A of chapter 56 of the
15 laws of 2014, is amended to read as follows:
16 e. Notwithstanding paragraphs a and b of this subdivision, a school
17 district that submitted a contract for excellence for the two thousand
18 eight--two thousand nine school year shall submit a contract for excel-
19 lence for the two thousand nine--two thousand ten school year in
20 conformity with the requirements of subparagraph (vi) of paragraph a of
21 subdivision two of this section unless all schools in the district are
22 identified as in good standing and provided further that, a school
23 district that submitted a contract for excellence for the two thousand
A. 6006 5
1 nine--two thousand ten school year, unless all schools in the district
2 are identified as in good standing, shall submit a contract for excel-
3 lence for the two thousand eleven--two thousand twelve school year which
4 shall, notwithstanding the requirements of subparagraph (vi) of para-
5 graph a of subdivision two of this section, provide for the expenditure
6 of an amount which shall be not less than the product of the amount
7 approved by the commissioner in the contract for excellence for the two
8 thousand nine--two thousand ten school year, multiplied by the
9 district's gap elimination adjustment percentage and provided further
10 that, a school district that submitted a contract for excellence for the
11 two thousand eleven--two thousand twelve school year, unless all schools
12 in the district are identified as in good standing, shall submit a
13 contract for excellence for the two thousand twelve--two thousand thir-
14 teen school year which shall, notwithstanding the requirements of
15 subparagraph (vi) of paragraph a of subdivision two of this section,
16 provide for the expenditure of an amount which shall be not less than
17 the amount approved by the commissioner in the contract for excellence
18 for the two thousand eleven--two thousand twelve school year and
19 provided further that, a school district that submitted a contract for
20 excellence for the two thousand twelve--two thousand thirteen school
21 year, unless all schools in the district are identified as in good
22 standing, shall submit a contract for excellence for the two thousand
23 thirteen--two thousand fourteen school year which shall, notwithstanding
24 the requirements of subparagraph (vi) of paragraph a of subdivision two
25 of this section, provide for the expenditure of an amount which shall be
26 not less than the amount approved by the commissioner in the contract
27 for excellence for the two thousand twelve--two thousand thirteen school
28 year and provided further that, a school district that submitted a
29 contract for excellence for the two thousand thirteen--two thousand
30 fourteen school year, unless all schools in the district are identified
31 as in good standing, shall submit a contract for excellence for the two
32 thousand fourteen--two thousand fifteen school year which shall,
33 notwithstanding the requirements of subparagraph (vi) of paragraph a of
34 subdivision two of this section, provide for the expenditure of an
35 amount which shall be not less than the amount approved by the commis-
36 sioner in the contract for excellence for the two thousand thirteen--two
37 thousand fourteen school year; and provided further that, no school
38 district shall be required to submit a contract for excellence for the
39 two thousand fifteen--two thousand sixteen school year and thereafter.
40 For purposes of this paragraph, the "gap elimination adjustment percent-
41 age" shall be calculated as the sum of one minus the quotient of the sum
42 of the school district's net gap elimination adjustment for two thousand
43 ten--two thousand eleven computed pursuant to chapter fifty-three of the
44 laws of two thousand ten, making appropriations for the support of
45 government, plus the school district's gap elimination adjustment for
46 two thousand eleven--two thousand twelve as computed pursuant to chapter
47 fifty-three of the laws of two thousand eleven, making appropriations
48 for the support of the local assistance budget, including support for
49 general support for public schools, divided by the total aid for adjust-
50 ment computed pursuant to chapter fifty-three of the laws of two thou-
51 sand eleven, making appropriations for the local assistance budget,
52 including support for general support for public schools. Provided,
53 further, that such amount shall be expended to support and maintain
54 allowable programs and activities approved in the two thousand nine--two
55 thousand ten school year or to support new or expanded allowable
56 programs and activities in the current year.
A. 6006 6
1 § 1-a. Paragraph b of subdivision 5 of section 1950 of the education
2 law, as amended by section 80-a of part A of chapter 58 of the laws of
3 2011, is amended to read as follows:
4 b. The cost of services herein referred to shall be the amount allo-
5 cated to each component school district by the board of cooperative
6 educational services to defray expenses of such board, except that that
7 part of the salary paid any teacher, supervisor or other employee of the
8 board of cooperative educational services which is in excess of thirty
9 thousand dollars, and for the two thousand fifteen--two thousand sixteen
10 school year and thereafter, in excess of thirty-four thousand dollars,
11 shall not be such an approved expense, and except also that administra-
12 tive and clerical expenses shall not exceed ten percent of the total
13 expenses for purposes of this computation. Any gifts, donations or
14 interest earned by the board of cooperative educational services or on
15 behalf of the board of cooperative educational services by the dormitory
16 authority or any other source shall not be deducted in determining the
17 cost of services allocated to each component school district. Any
18 payments made to a component school district by the board of cooperative
19 educational services pursuant to subdivision eleven of section six-p of
20 the general municipal law attributable to an approved cost of service
21 computed pursuant to this subdivision shall be deducted from the cost of
22 services allocated to such component school district. The expense of
23 transportation provided by the board of cooperative educational services
24 pursuant to paragraph q of subdivision four of this section shall be
25 eligible for aid apportioned pursuant to subdivision seven of section
26 thirty-six hundred two of this chapter and no board of cooperative
27 educational services transportation expense shall be an approved cost of
28 services for the computation of aid under this subdivision. Transporta-
29 tion expense pursuant to paragraph q of subdivision four of this section
30 shall be included in the computation of the ten percent limitation on
31 administrative and clerical expenses.
32 § 2. The closing paragraph of subdivision 5-a of section 3602 of the
33 education law, as amended by section 8 of part A of chapter 57 of the
34 laws of 2013, is amended to read as follows:
35 For the two thousand eight--two thousand nine school year, each school
36 district shall be entitled to an apportionment equal to the product of
37 fifteen percent and the additional apportionment computed pursuant to
38 this subdivision for the two thousand seven--two thousand eight school
39 year. For the two thousand nine--two thousand ten through two thousand
40 [fourteen] sixteen--two thousand [fifteen] seventeen school years, each
41 school district shall be entitled to an apportionment equal to the
42 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
43 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
44 computer listing produced by the commissioner in support of the budget
45 for the two thousand nine--two thousand ten school year and entitled
46 "SA0910".
47 § 3. Subdivision 12 of section 3602 of the education law, as amended
48 by section 10 of part A of chapter 57 of the laws of 2013, is amended to
49 read as follows:
50 12. Academic enhancement aid. A school district that as of April first
51 of the base year has been continuously identified as a district in need
52 of improvement for at least five years shall, for the two thousand
53 eight--two thousand nine school year, be entitled to an additional
54 apportionment equal to the positive remainder, if any, of (a) the lesser
55 of fifteen million dollars or the product of the total foundation aid
56 base, as defined by paragraph j of subdivision one of this section,
A. 6006 7
1 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
2 the sum of the total foundation aid apportioned pursuant to subdivision
3 four of this section and the supplemental educational improvement grants
4 apportioned pursuant to subdivision eight of section thirty-six hundred
5 forty-one of this article, less (ii) the total foundation aid base.
6 For the two thousand nine--two thousand ten through two thousand four-
7 teen--two thousand fifteen school years, each school district shall be
8 entitled to an apportionment equal to the amount set forth for such
9 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
10 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
11 the commissioner in support of the budget for the two thousand nine--two
12 thousand ten school year and entitled "SA0910", and such apportionment
13 shall be deemed to satisfy the state obligation to provide an apportion-
14 ment pursuant to subdivision eight of section thirty-six hundred forty-
15 one of this article.
16 For the two thousand fifteen--two thousand sixteen and the two thou-
17 sand sixteen--two thousand seventeen years, each school district shall
18 be entitled to an apportionment equal to the amount set forth for such
19 school district as "ACADEMIC ENHANCEMENT" under the heading "2014-15
20 ESTIMATED AIDS" in the school aid computer listing produced by the
21 commissioner in support of the budget for the two thousand fourteen--two
22 thousand fifteen school year and entitled "SA141-5", and such apportion-
23 ment shall be deemed to satisfy the state obligation to provide an
24 apportionment pursuant to subdivision eight of section thirty-six
25 hundred forty-one of this article.
26 § 4. The opening paragraph of subdivision 16 of section 3602 of the
27 education law, as amended by section 11 of part A of chapter 57 of the
28 laws of 2013, is amended to read as follows:
29 Each school district shall be eligible to receive a high tax aid
30 apportionment in the two thousand eight--two thousand nine school year,
31 which shall equal the greater of (i) the sum of the tier 1 high tax aid
32 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
33 tax aid apportionment or (ii) the product of the apportionment received
34 by the school district pursuant to this subdivision in the two thousand
35 seven--two thousand eight school year, multiplied by the due-minimum
36 factor, which shall equal, for districts with an alternate pupil wealth
37 ratio computed pursuant to paragraph b of subdivision three of this
38 section that is less than two, seventy percent (0.70), and for all other
39 districts, fifty percent (0.50). Each school district shall be eligible
40 to receive a high tax aid apportionment in the two thousand nine--two
41 thousand ten through two thousand twelve--two thousand thirteen school
42 years in the amount set forth for such school district as "HIGH TAX AID"
43 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
44 listing produced by the commissioner in support of the budget for the
45 two thousand nine--two thousand ten school year and entitled "SA0910".
46 Each school district shall be eligible to receive a high tax aid appor-
47 tionment in the two thousand thirteen--two thousand fourteen [school
48 year and the two thousand fourteen--two thousand fifteen] through two
49 thousand sixteen--two thousand seventeen school [year] years equal to
50 the greater of (1) the amount set forth for such school district as
51 "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school
52 aid computer listing produced by the commissioner in support of the
53 budget for the two thousand nine--two thousand ten school year and enti-
54 tled "SA0910" or (2) the amount set forth for such school district as
55 "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school
A. 6006 8
1 aid computer listing produced by the commissioner in support of the
2 executive budget for the 2013-14 fiscal year and entitled "BT131-4".
3 § 5. The opening paragraph of subdivision 10 of section 3602-e of the
4 education law, as amended by section 21 of part A of chapter 56 of the
5 laws of 2014, is amended to read as follows:
6 Notwithstanding any provision of law to the contrary, for aid payable
7 in the two thousand eight--two thousand nine school year, the grant to
8 each eligible school district for universal prekindergarten aid shall be
9 computed pursuant to this subdivision, and for the two thousand nine--
10 two thousand ten and two thousand ten--two thousand eleven school years,
11 each school district shall be eligible for a maximum grant equal to the
12 amount computed for such school district for the base year in the elec-
13 tronic data file produced by the commissioner in support of the two
14 thousand nine--two thousand ten education, labor and family assistance
15 budget, provided, however, that in the case of a district implementing
16 programs for the first time or implementing expansion programs in the
17 two thousand eight--two thousand nine school year where such programs
18 operate for a minimum of ninety days in any one school year as provided
19 in section 151-1.4 of the regulations of the commissioner, for the two
20 thousand nine--two thousand ten and two thousand ten--two thousand elev-
21 en school years, such school district shall be eligible for a maximum
22 grant equal to the amount computed pursuant to paragraph a of subdivi-
23 sion nine of this section in the two thousand eight--two thousand nine
24 school year, and for the two thousand eleven--two thousand twelve school
25 year each school district shall be eligible for a maximum grant equal to
26 the amount set forth for such school district as "UNIVERSAL PREKINDER-
27 GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid
28 computer listing produced by the commissioner in support of the enacted
29 budget for the 2011-12 school year and entitled "SA111-2", and for two
30 thousand twelve--two thousand thirteen[, two thousand thirteen--two
31 thousand fourteen and two thousand fourteen--two thousand fifteen]
32 through two thousand sixteen--two thousand seventeen school years each
33 school district shall be eligible for a maximum grant equal to the
34 greater of (i) the amount set forth for such school district as
35 "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
36 in the school aid computer listing produced by the commissioner in
37 support of the enacted budget for the 2011-12 school year and entitled
38 "SA111-2", or (ii) the amount set forth for such school district as
39 "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
40 in the school aid computer listing produced by the commissioner on May
41 fifteenth, two thousand eleven pursuant to paragraph b of subdivision
42 twenty-one of section three hundred five of this chapter, and provided
43 further that the maximum grant shall not exceed the total actual grant
44 expenditures incurred by the school district in the current school year
45 as approved by the commissioner.
46 § 5-a. Paragraph b of subdivision 10 of section 3602 of the education
47 law, as amended by section 16 of part B of chapter 57 of the laws of
48 2007, is amended to read as follows:
49 b. Aid for career education. There shall be apportioned to such city
50 school districts and other school districts which were not components of
51 a board of cooperative educational services in the base year for pupils
52 in grades ten through twelve in attendance in career education programs
53 as such programs are defined by the commissioner, subject for the
54 purposes of this paragraph to the approval of the director of the budg-
55 et, an amount for each such pupil to be computed by multiplying the
56 career education aid ratio by three thousand nine hundred dollars, and
A. 6006 9
1 for aid payable in the two thousand fifteen--two thousand sixteen school
2 year and thereafter by four thousand two hundred dollars. Such aid will
3 be payable for weighted pupils attending career education programs oper-
4 ated by the school district and for weighted pupils for whom such school
5 district contracts with boards of cooperative educational services to
6 attend career education programs operated by a board of cooperative
7 educational services. Weighted pupils for the purposes of this paragraph
8 shall mean the sum of the attendance of students in grades ten through
9 twelve in career education sequences in trade, industrial, technical,
10 agricultural or health programs plus the product of sixteen hundredths
11 multiplied by the attendance of students in grades ten through twelve in
12 career education sequences in business and marketing as defined by the
13 commissioner in regulations. The career education aid ratio shall be
14 computed by subtracting from one the product obtained by multiplying
15 fifty-nine percent by the combined wealth ratio. This aid ratio shall be
16 expressed as a decimal carried to three places without rounding, but not
17 less than thirty-six percent.
18 Any school district that receives aid pursuant to this paragraph shall
19 be required to use such amount to support career education programs in
20 the current year.
21 A board of education which spends less than its local funds as defined
22 by regulations of the commissioner for career education in the base year
23 during the current year shall have its apportionment under this subdivi-
24 sion reduced in an amount equal to such deficiency in the current or a
25 succeeding school year, provided however that the commissioner may waive
26 such reduction upon determination that overall expenditures per pupil in
27 support of career education programs were continued at a level equal to
28 or greater than the level of such overall expenditures per pupil in the
29 preceding school year.
30 § 5-b. Subdivision 4 of section 3602 of the education law, as amended
31 by section 3 of part A of chapter 56 of the laws of 2014, is amended to
32 read as follows:
33 4. Total foundation aid. In addition to any other apportionment pursu-
34 ant to this chapter, a school district, other than a special act school
35 district as defined in subdivision eight of section four thousand one of
36 this chapter, shall be eligible for total foundation aid equal to the
37 product of total aidable foundation pupil units multiplied by the
38 district's selected foundation aid, which shall be the greater of five
39 hundred dollars ($500) or foundation formula aid, provided, however that
40 for the two thousand seven--two thousand eight through two thousand
41 eight--two thousand nine school years, no school district shall receive
42 total foundation aid in excess of the sum of the total foundation aid
43 base for aid payable in the two thousand seven--two thousand eight
44 school year computed pursuant to subparagraph (i) of paragraph j of
45 subdivision one of this section, plus the phase-in foundation increase
46 computed pursuant to paragraph b of this subdivision, and provided
47 further that for the two thousand twelve--two thousand thirteen school
48 year, no school district shall receive total foundation aid in excess of
49 the sum of the total foundation aid base for aid payable in the two
50 thousand eleven--two thousand twelve school year computed pursuant to
51 paragraph j of subdivision one of this section, plus the phase-in foun-
52 dation increase computed pursuant to paragraph b of this subdivision,
53 and provided further that for the two thousand thirteen--two thousand
54 fourteen school year and thereafter, no school district shall receive
55 total foundation aid in excess of the sum of the total foundation aid
56 base computed pursuant to paragraph j of subdivision one of this
A. 6006 10
1 section, plus the phase-in foundation increase computed pursuant to
2 paragraph b of this subdivision and provided further that total founda-
3 tion aid shall not be less than the product of the total foundation aid
4 base computed pursuant to paragraph j of subdivision one of this section
5 and the due-minimum percent which shall be, for the two thousand twelve-
6 -two thousand thirteen school year, one hundred and six-tenths percent
7 (1.006) and for the two thousand thirteen--two thousand fourteen school
8 year for city school districts of those cities having populations in
9 excess of one hundred twenty-five thousand and less than one million
10 inhabitants one hundred and one and one hundred and seventy-six thou-
11 sandths percent (1.01176), and for all other districts one hundred and
12 three-tenths percent (1.003), and for the two thousand fourteen--two
13 thousand fifteen school year one hundred and eighty-five hundredths
14 percent (1.0085), and for the two thousand fifteen--two thousand sixteen
15 school year, one hundred and eighty-five hundredths percent (1.0085),
16 subject to allocation pursuant to the provisions of subdivision eighteen
17 of this section and any provisions of a chapter of the laws of New York
18 as described therein, nor more than the product of such total foundation
19 aid base and one hundred fifteen percent, and provided further that for
20 the two thousand nine--two thousand ten through two thousand eleven--two
21 thousand twelve school years, each school district shall receive total
22 foundation aid in an amount equal to the amount apportioned to such
23 school district for the two thousand eight--two thousand nine school
24 year pursuant to this subdivision. Total aidable foundation pupil units
25 shall be calculated pursuant to paragraph g of subdivision two of this
26 section. For the purposes of calculating aid pursuant to this subdivi-
27 sion, aid for the city school district of the city of New York shall be
28 calculated on a citywide basis.
29 a. Foundation formula aid. Foundation formula aid shall equal the
30 remainder when the expected minimum local contribution is subtracted
31 from the product of the foundation amount, the regional cost index, and
32 the pupil need index, or: (foundation amount x regional cost index x
33 pupil need index)- expected minimum local contribution.
34 (1) The foundation amount shall reflect the average per pupil cost of
35 general education instruction in successful school districts, as deter-
36 mined by a statistical analysis of the costs of special education and
37 general education in successful school districts, provided that the
38 foundation amount shall be adjusted annually to reflect the percentage
39 increase in the consumer price index as computed pursuant to section two
40 thousand twenty-two of this chapter, provided that for the two thousand
41 eight--two thousand nine school year, for the purpose of such adjust-
42 ment, the percentage increase in the consumer price index shall be
43 deemed to be two and nine-tenths percent (0.029), and provided further
44 that the foundation amount for the two thousand seven--two thousand
45 eight school year shall be five thousand two hundred fifty-eight
46 dollars, and provided further that for the two thousand seven--two thou-
47 sand eight through two thousand fifteen--two thousand sixteen school
48 years, the foundation amount shall be further adjusted by the phase-in
49 foundation percent established pursuant to paragraph b of this subdivi-
50 sion.
51 (2) The regional cost index shall reflect an analysis of labor market
52 costs based on median salaries in professional occupations that require
53 similar credentials to those of positions in the education field, but
54 not including those occupations in the education field, provided that
55 the regional cost indices for the two thousand seven--two thousand eight
56 school year and thereafter shall be as follows:
A. 6006 11
1 Labor Force Region Index
2 Capital District 1.124
3 Southern Tier 1.045
4 Western New York 1.091
5 Hudson Valley 1.314
6 Long Island/NYC 1.425
7 Finger Lakes 1.141
8 Central New York 1.103
9 Mohawk Valley 1.000
10 North Country 1.000
11 (3) The pupil need index shall equal the sum of one plus the extraor-
12 dinary needs percent, provided, however, that the pupil need index shall
13 not be less than one nor more than two. The extraordinary needs percent
14 shall be calculated pursuant to paragraph w of subdivision one of this
15 section.
16 (4) The expected minimum local contribution shall equal the lesser of
17 (i) the product of (A) the quotient arrived at when the selected actual
18 valuation is divided by total wealth foundation pupil units, multiplied
19 by (B) the product of the local tax factor, multiplied by the income
20 wealth index, or (ii) the product of (A) the product of the foundation
21 amount, the regional cost index, and the pupil need index, multiplied by
22 (B) the positive difference, if any, of one minus the state sharing
23 ratio for total foundation aid. The local tax factor shall be estab-
24 lished by May first of each year by determining the product, computed to
25 four decimal places without rounding, of ninety percent multiplied by
26 the quotient of the sum of the statewide average tax rate as computed by
27 the commissioner for the current year in accordance with the provisions
28 of paragraph e of subdivision one of section thirty-six hundred nine-e
29 of this part plus the statewide average tax rate computed by the commis-
30 sioner for the base year in accordance with such provisions plus the
31 statewide average tax rate computed by the commissioner for the year
32 prior to the base year in accordance with such provisions, divided by
33 three, provided however that for the two thousand seven--two thousand
34 eight school year, such local tax factor shall be sixteen thousandths
35 (0.016), and provided further that for the two thousand eight--two thou-
36 sand nine school year, such local tax factor shall be one hundred
37 fifty-four ten thousandths (0.0154). The income wealth index shall be
38 calculated pursuant to paragraph d of subdivision three of this section,
39 provided, however, that for the purposes of computing the expected mini-
40 mum local contribution the income wealth index shall not be less than
41 sixty-five percent (0.65) and shall not be more than two hundred percent
42 (2.0) and provided however that such income wealth index shall not be
43 more than ninety-five percent (0.95) for the two thousand eight--two
44 thousand nine school year, and provided further that such income wealth
45 index shall not be less than zero for the two thousand thirteen--two
46 thousand fourteen school year. The selected actual valuation shall be
47 calculated pursuant to paragraph c of subdivision one of this section.
48 Total wealth foundation pupil units shall be calculated pursuant to
49 paragraph h of subdivision two of this section.
50 b. Phase-in foundation increase. (1) The phase-in foundation increase
51 shall equal the product of the phase-in foundation increase factor
52 multiplied by the positive difference, if any, of (i) the product of the
53 total aidable foundation pupil units multiplied by the district's
54 selected foundation aid less (ii) the total foundation aid base computed
55 pursuant to paragraph j of subdivision one of this section.
A. 6006 12
1 (2) (i) Phase-in foundation percent. The phase-in foundation percent
2 shall equal one hundred thirteen and fourteen one hundredths percent
3 (1.1314) for the two thousand eleven--two thousand twelve school year,
4 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
5 thousand twelve--two thousand thirteen school year, one hundred seven
6 and sixty-eight hundredths percent (1.0768) for the two thousand thir-
7 teen--two thousand fourteen school year, one hundred five and six
8 hundredths percent (1.0506) for the two thousand fourteen--two thousand
9 fifteen school year, and one hundred two and five tenths percent
10 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
11 (ii) Phase-in foundation increase factor. For the two thousand
12 eleven--two thousand twelve school year, the phase-in foundation
13 increase factor shall equal thirty-seven and one-half percent (0.375)
14 and the phase-in due minimum percent shall equal nineteen and forty-one
15 hundredths percent (0.1941), for the two thousand twelve--two thousand
16 thirteen school year the phase-in foundation increase factor shall equal
17 one and seven-tenths percent (0.017), for the two thousand thirteen--two
18 thousand fourteen school year the phase-in foundation increase factor
19 shall equal (1) for a city school district in a city having a population
20 of one million or more, five and twenty-three hundredths percent
21 (0.0523) or (2) for all other school districts zero percent, for the two
22 thousand fourteen--two thousand fifteen school year the phase-in founda-
23 tion increase factor shall equal (1) for a city school district of a
24 city having a population of one million or more, four and thirty-two
25 hundredths percent (0.0432) or (2) for a school district other than a
26 city school district having a population of one million or more for
27 which (A) the quotient of the positive difference of the foundation
28 formula aid minus the foundation aid base computed pursuant to paragraph
29 j of subdivision one of this section divided by the foundation formula
30 aid is greater than twenty-two percent (0.22) and (B) a combined wealth
31 ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
32 (3) for all other school districts, four and thirty-one hundredths
33 percent (0.0431), and for the two thousand fifteen--two thousand sixteen
34 school year the phase-in foundation increase factor shall equal (1) for
35 a city school district of a city having a population of one million or
36 more, twenty-two and eight-tenths percent (0.2280) or (2) for districts
37 where the quotient arrived at when dividing (i) the difference of (A)
38 total foundation aid less (B) total foundation aid for the base year
39 divided by (ii) total foundation aid is greater than nineteen percent
40 (0.19), and where the district's combined wealth ratio is less than
41 thirty-three hundredths (0.33), thirty percent (0.30) or (3) for
42 districts where the quotient arrived at when dividing (i) the difference
43 of (A) total foundation aid less (B) total foundation aid for the base
44 year divided by (ii) total foundation aid is greater than nineteen
45 percent (0.19), where the district's combined wealth ratio is less than
46 thirty-three hundredths (0.33), and where the positive difference, if
47 any, of the base year public school district enrollment as computed
48 pursuant to subparagraph two of paragraph n of subdivision one of this
49 section for the base year less public school district enrollment for the
50 two thousand eleven--two thousand twelve school year is greater than
51 zero, forty percent (0.40) or (4) for all other school districts,
52 fifteen and ninety-three hundredths percent (0.1593), and for the two
53 thousand sixteen--two thousand seventeen school year and thereafter the
54 commissioner shall annually determine the phase-in foundation increase
55 factor subject to allocation pursuant to the provisions of subdivision
A. 6006 13
1 eighteen of this section and any provisions of a chapter of the laws of
2 New York as described therein.
3 b-1. Notwithstanding any other provision of law to the contrary, for
4 the two thousand seven--two thousand eight school year and thereafter,
5 the additional amount payable to each school district pursuant to this
6 subdivision in the current year as total foundation aid, after deducting
7 the total foundation aid base, shall be deemed a state grant in aid
8 identified by the commissioner for general use for purposes of section
9 seventeen hundred eighteen of this chapter.
10 c. Public excess cost aid setaside. Each school district shall set
11 aside from its total foundation aid computed for the current year pursu-
12 ant to this subdivision an amount equal to the product of: (i) the
13 difference between the amount the school district was eligible to
14 receive in the two thousand six--two thousand seven school year pursuant
15 to or in lieu of paragraph six of subdivision nineteen of this section
16 as such paragraph existed on June thirtieth, two thousand seven, minus
17 the amount such district was eligible to receive pursuant to or in lieu
18 of paragraph five of subdivision nineteen of this section as such para-
19 graph existed on June thirtieth, two thousand seven, in such school
20 year, and (ii) the sum of one and the percentage increase in the consum-
21 er price index for the current year over such consumer price index for
22 the two thousand six--two thousand seven school year, as computed pursu-
23 ant to section two thousand twenty-two of this chapter. Notwithstanding
24 any other provision of law to the contrary, the public excess cost aid
25 setaside shall be paid pursuant to section thirty-six hundred nine-b of
26 this part.
27 d. For the two thousand fourteen--two thousand fifteen school year a
28 city school district of a city having a population of one million or
29 more may use amounts apportioned pursuant to this subdivision for after-
30 school programs.
31 § 5-c. Paragraph b-1 of subdivision 4 of section 3602 of the education
32 law, as amended by section 26 of part A of chapter 58 of the laws of
33 2011, is amended to read as follows:
34 b-1. Notwithstanding any other provision of law to the contrary, for
35 the two thousand seven--two thousand eight through school year and ther-
36 eafter, the additional amount payable to each school district pursuant
37 to this subdivision in the current year as total foundation aid, after
38 deducting the total foundation aid base, shall be deemed a state grant
39 in aid identified by the commissioner for general use for purposes of
40 sections seventeen hundred eighteen and two thousand twenty-three of
41 this chapter.
42 § 5-d. The opening paragraph of paragraph (e) of subdivision 17 of
43 section 3602 of the education law, as amended by section 12 of part A of
44 chapter 57 of the laws of 2013 is amended to read as follows:
45 The gap elimination adjustment restoration amount for the two thousand
46 thirteen--two thousand fourteen school year for a school district shall
47 be computed based on data on file with the commissioner and in the data-
48 base used by the commissioner to produce an updated electronic data file
49 in support of the enacted budget for the two thousand thirteen--two
50 thousand fourteen state fiscal year [end] and entitled "SA131-4" and
51 shall equal the greater of one hundred thousand dollars ($100,000) or
52 the sum of:
53 § 5-e. The opening paragraph of paragraph (f) of subdivision 17 of
54 section 3602 of the education law, as amended by section 2 of part A of
55 chapter 56 of the laws of 2014, is amended to read as follows:
A. 6006 14
1 The gap elimination adjustment restoration amount for the two thousand
2 fourteen--two thousand fifteen school year for a school district shall
3 be computed based on data on file with the commissioner and in the data-
4 base used by the commissioner to produce an updated electronic data file
5 in support of the enacted budget for the two thousand fourteen--two
6 thousand fifteen state fiscal year and entitled "SA141-5" and shall
7 equal the greater of:
8 § 5-f. Paragraph (g) of subdivision 17 of section 3602 of the educa-
9 tion law, as added by section 2 of part A of chapter 56 of the laws of
10 2014, is amended and a new paragraph h is added to read as follows:
11 [(g)] g. The gap elimination adjustment restoration amount for the two
12 thousand fifteen--two thousand sixteen school year [and thereafter shall
13 equal the product of the gap elimination percentage for such district
14 and the gap elimination adjustment restoration allocation established
15 pursuant to subdivision eighteen of this section.] for a school district
16 shall be computed based on data on file with the commissioner and in the
17 database used by the commissioner to produce an updated electronic data
18 file in support of the enacted budget for the two thousand fifteen--two
19 thousand sixteen state fiscal year and entitled "SA151-6" and shall
20 equal the greater of (1) the sum of tiers one through seven, (2) minimum
21 A, or (3) minimum B.
22 (i) Tier 1 shall equal the product of, for school districts with a
23 population of one million or more one hundred five dollars ($105.00),
24 and for all other districts one hundred eighty-five dollars ($185.00)
25 multiplied by the extraordinary needs count computed pursuant to para-
26 graph s of subdivision one of this section multiplied by the concen-
27 tration factor, where the concentration factor shall be the sum of one
28 plus the quotient arrived at when dividing (1) the difference of the
29 extraordinary needs percent computed pursuant to paragraph w of subdivi-
30 sion one of this section less four tenths (0.4) divided by (2) nine
31 hundred two thousandths (0.902), provided, however, that such concen-
32 tration factor shall not be less than one.
33 (ii) Tier 2 shall be the product, for districts with a change in
34 enrollment of greater than two percent, of eight hundred dollars
35 ($800.00) multiplied by the change in enrollment, and for any district
36 with a change in enrollment greater than zero but less than two percent,
37 of six hundred fifty dollars ($650.00) multiplied by the change in
38 enrollment, where the change in enrollment shall be the positive differ-
39 ence, if any, of the base year public school district enrollment as
40 computed pursuant to subparagraph two of paragraph n of subdivision one
41 of this section for the base year less public school district enrollment
42 for the two thousand thirteen--two thousand fourteen school year.
43 (iii) Tier 3 shall be the product, for qualifying districts, of two
44 hundred dollars ($200.00) multiplied by the base year public school
45 district enrollment as computed pursuant to subparagraph two of para-
46 graph n of subdivision one of this section for the base year, where a
47 qualifying district shall (1) have a free and reduced price lunch
48 percent computed pursuant to paragraph p of subdivision one of this
49 section greater than sixty-eight percent (0.68), (2) a base year public
50 school district enrollment as computed pursuant to subparagraph two of
51 paragraph n of subdivision one of this section for the base year greater
52 than one thousand (1,000), (3) a cumulative GEA restoration percent of
53 less than seventy-five percent (0.75), and (4) have a population of less
54 than one million, where the cumulative GEA restoration percent shall be
55 the quotient arrived at when dividing the difference of the 2011-12 GEA
56 less the gap elimination adjustment for the base year divided by the
A. 6006 15
1 2011-12 GEA, where the 2011-12 GEA shall be the absolute value of the
2 amount set forth for such school district as "GAP ELIMINATION ADJUST-
3 MENT" under the heading "2011-12 ESTIMATED AIDS" in the school aid
4 computer listing produced by the commissioner in support of the execu-
5 tive budget request submitted for the two thousand eleven--two thousand
6 twelve state fiscal year and entitled "BT111-2".
7 (iv) Tier 4 shall be the product of, for districts with a population
8 of more than one million, thirty dollars ($30.00) and for all other
9 districts, one hundred sixty-five dollars ($165.00) multiplied by the
10 free and reduced price lunch percent computed pursuant to paragraph p of
11 subdivision one of this section multiplied by the base year public
12 school district enrollment as computed pursuant to subparagraph two of
13 paragraph n of subdivision one of this section for the base year.
14 (v) Tier 5 shall be, for any district other than a district with a
15 population of one million or more, the product of eight hundred dollars
16 ($800.00) multiplied by the limited English proficient count computed
17 pursuant to paragraph o of subdivision one of this section multiplied by
18 the extraordinary needs percent computed pursuant to paragraph w of
19 subdivision one of this section multiplied by the sum of one and the LEP
20 growth percent, where the LEP growth percent shall be the quotient
21 arrived at by dividing the difference of the limited English proficient
22 count for the base year less such count for the year prior to the base
23 year divided by such count for the year prior to the base year.
24 (vi) Tier 6 shall be for school districts that were designated as
25 small city school districts or central school districts whose boundaries
26 include a portion of a small city for the school aid computer listing
27 produced by the commissioner in support of the enacted budget for the
28 two thousand fourteen--two thousand fifteen school year and entitled
29 "SA1415" the product of two hundred seventy-nine dollars ($279.00)
30 multiplied by the base year public school district enrollment as
31 computed pursuant to subparagraph two of paragraph n of subdivision one
32 of this section for the base year.
33 (vii) Tier 7 shall be the product of sixty-five dollars ($65.00)
34 multiplied by the base year public school district enrollment as
35 computed pursuant to subparagraph two of paragraph n of subdivision one
36 of this section for the base year multiplied by the multiplier factor,
37 where the multiplier factor shall be any positive result of the index
38 calculator minus one and two hundredths (1.02), where the index calcu-
39 lation shall be the GEA/TGFE percent divided by one and seventy-nine
40 hundredths percent (0.0179), and where the GEA/TGFE percent shall be gap
41 elimination adjustment for the base year divided by the total general
42 fund expenditures for such district in the base year.
43 (viii) Minimum A shall be the product of the gap elimination adjust-
44 ment for the base year for such districts multiplied by ten percent
45 (0.10).
46 (ix) Minimum B shall be, for districts whose gap elimination adjust-
47 ment for the base year divided by the absolute value of the amount set
48 forth for such school district as "GAP ELIMINATION ADJUSTMENT" under the
49 heading "2011-12 ESTIMATED AIDS" in the school aid computer listing
50 produced by the commissioner in support of the executive budget request
51 submitted for the two thousand eleven--two thousand twelve state fiscal
52 year and entitled "BT111-2" is greater than forty-four percent (0.44),
53 the product of forty-four percent multiplied by such 2011-12 GEA multi-
54 plied by the extraordinary needs percent computed pursuant to paragraph
55 w of subdivision one of this section.
A. 6006 16
1 (x) Provided, however, the no GEA restoration shall be more than the
2 product, for districts that were designated as low need pursuant to
3 clause (c) of subparagraph two of paragraph c of subdivision six of this
4 section for the school aid computer listing produced by the commissioner
5 in support of the enacted budget for the two thousand seven--two thou-
6 sand eight school year and entitled "SA0708" of seventy-five percent
7 (0.75), and for all other districts, ninety percent (0.90) multiplied by
8 the gap elimination adjustment for the base year.
9 h. The gap elimination adjustment restoration amount for the two thou-
10 sand sixteen--two thousand seventeen school year and thereafter shall
11 equal the product of the gap elimination percentage for such district
12 and the gap elimination adjustment restoration allocation established
13 pursuant to subdivision eighteen of this section.
14 § 6. The opening paragraph of section 3609-a of the education law, as
15 amended by section 4 of part A of chapter 56 of the laws of 2014, is
16 amended to read as follows:
17 For aid payable in the two thousand seven--two thousand eight school
18 year through the [two thousand thirteen--two thousand fourteen] two
19 thousand fifteen--two thousand sixteen school year, "moneys apportioned"
20 shall mean the lesser of (i) the sum of one hundred percent of the
21 respective amount set forth for each school district as payable pursuant
22 to this section in the school aid computer listing for the current year
23 produced by the commissioner in support of the budget which includes the
24 appropriation for the general support for public schools for the
25 prescribed payments and individualized payments due prior to April first
26 for the current year plus the apportionment payable during the current
27 school year pursuant to subdivision six-a and subdivision fifteen of
28 section thirty-six hundred two of this part minus any reductions to
29 current year aids pursuant to subdivision seven of section thirty-six
30 hundred four of this part or any deduction from apportionment payable
31 pursuant to this chapter for collection of a school district basic
32 contribution as defined in subdivision eight of section forty-four
33 hundred one of this chapter, less any grants provided pursuant to
34 subparagraph two-a of paragraph b of subdivision four of section nine-
35 ty-two-c of the state finance law, less any grants provided pursuant to
36 subdivision six of section ninety-seven-nnnn of the state finance law,
37 less any grants provided pursuant to subdivision twelve of section thir-
38 ty-six hundred forty-one of this article, or (ii) the apportionment
39 calculated by the commissioner based on data on file at the time the
40 payment is processed; provided however, that for the purposes of any
41 payments made pursuant to this section prior to the first business day
42 of June of the current year, moneys apportioned shall not include any
43 aids payable pursuant to subdivisions six and fourteen, if applicable,
44 of section thirty-six hundred two of this part as current year aid for
45 debt service on bond anticipation notes and/or bonds first issued in the
46 current year or any aids payable for full-day kindergarten for the
47 current year pursuant to subdivision nine of section thirty-six hundred
48 two of this part. The definitions of "base year" and "current year" as
49 set forth in subdivision one of section thirty-six hundred two of this
50 part shall apply to this section. For aid payable in the two thousand
51 [fourteen--two thousand fifteen] fifteen--two thousand sixteen school
52 year, reference to such "school aid computer listing for the current
53 year" shall mean the printouts entitled ["SA141-5"] "SA151-6".
54 § 7. The education law is amended by adding a new section 3609-h to
55 read as follows:
A. 6006 17
1 § 3609-h. Moneys apportioned to school districts for commercial gaming
2 grants pursuant to subdivision six of section ninety-seven-nnnn of the
3 state finance law, when and how payable commencing July first, two thou-
4 sand fourteen. Notwithstanding the provisions of section thirty-six
5 hundred nine-a of this part, apportionments payable pursuant to subdivi-
6 sion six of section ninety-seven-nnnn of the state finance law shall be
7 paid pursuant to this section. The definitions of "base year" and
8 "current year" as set forth in subdivision one of section thirty-six
9 hundred two of this part shall apply to this section.
10 1. The moneys apportioned by the commissioner to school districts
11 pursuant to subdivision six of section ninety-seven-nnnn of the state
12 finance law for the two thousand fourteen-two thousand fifteen school
13 year and thereafter shall be paid as a commercial gaming grant, as
14 computed pursuant to such subdivision, as follows:
15 a. For the two thousand fourteen--two thousand fifteen school year,
16 one hundred percent of such grant shall be paid on the same date as the
17 payment computed pursuant to clause (v) of subparagraph three of para-
18 graph b of subdivision one of section thirty-six hundred nine-a of this
19 article.
20 b. For the two thousand fifteen--two thousand sixteen school year and
21 thereafter, seventy percent of such grant shall be paid on the same date
22 as the payment computed pursuant to clause (ii) of subparagraph three of
23 paragraph b of subdivision one of section thirty-six hundred nine-a of
24 this article, and thirty percent of such grant shall be paid on the same
25 date as the payment computed pursuant to clause (v) of subparagraph
26 three of paragraph b of subdivision one of section thirty-six hundred
27 nine-a of this article.
28 2. Any payment to a school district pursuant to this section shall be
29 general receipts of the district and may be used for any lawful purpose
30 of the district.
31 § 8. Paragraph b of subdivision 2 of section 3612 of the education
32 law, as amended by section 5 of part A of chapter 56 of the laws of
33 2014, is amended to read as follows:
34 b. Such grants shall be awarded to school districts, within the limits
35 of funds appropriated therefor, through a competitive process that takes
36 into consideration the magnitude of any shortage of teachers in the
37 school district, the number of teachers employed in the school district
38 who hold temporary licenses to teach in the public schools of the state,
39 the number of provisionally certified teachers, the fiscal capacity and
40 geographic sparsity of the district, the number of new teachers the
41 school district intends to hire in the coming school year and the number
42 of summer in the city student internships proposed by an eligible school
43 district, if applicable. Grants provided pursuant to this section shall
44 be used only for the purposes enumerated in this section. Notwithstand-
45 ing any other provision of law to the contrary, a city school district
46 in a city having a population of one million or more inhabitants receiv-
47 ing a grant pursuant to this section may use no more than eighty percent
48 of such grant funds for any recruitment, retention and certification
49 costs associated with transitional certification of teacher candidates
50 for the school years two thousand one--two thousand two through [two
51 thousand fourteen--two thousand fifteen] two thousand fifteen--two thou-
52 sand sixteen.
53 § 8-a. Section 3602-ee of the education law, as added by section 1 of
54 part CC of chapter 56 of the laws of 2014, is amended to read as
55 follows:
A. 6006 18
1 § 3602-ee. Statewide universal full-day pre-kindergarten program. 1.
2 The purpose of the universal full-day pre-kindergarten program is to
3 incentivize and fund state-of-the-art innovative pre-kindergarten
4 programs and to encourage program creativity through competition.
5 2. All universal full-day pre-kindergarten programs shall demonstrate
6 quality on the following elements:
7 (a) curriculum;
8 (b) learning environment, materials and supplies;
9 (c) family engagement;
10 (d) staffing patterns;
11 (e) teacher education and experience;
12 (f) facility quality;
13 (g) physical well-being, health and nutrition; and
14 (h) partnerships with non-profit, community and educational insti-
15 tutions.
16 3. (a) The [universal full-day pre-kindergarten program] commissioner
17 shall make awards to (i) consolidated applications submitted by school
18 districts which include pre-kindergarten programs offered by schools,
19 non-profit organizations, community-based organizations, charter
20 schools, libraries and/or museums, which shall demonstrate geographic
21 diversity within the area to be served as well as diversity of provid-
22 ers; and (ii) non-profit organizations, community-based organizations,
23 charter schools, libraries and museums, which may apply individually to
24 the extent allowed under paragraph (b) of this subdivision. Any consol-
25 idated application must include, but is not limited to, the names of
26 individual locations and providers, applicable licenses, facility lease
27 information, and intended staffing plans and certifications.
28 (b) Prior to submission of a consolidated application, a school
29 district shall widely solicit non-profit organizations, community-based
30 organizations, charter schools, libraries and museums located within the
31 school district to be included in its application. The school district
32 shall provide notice to such entities of the timeline for responding to
33 the solicitation and the contents of an entity's application to partic-
34 ipate in the consolidated application. The school district shall notify
35 any applicant who has been denied for inclusion in the consolidated
36 application no later than two weeks prior to submission of such applica-
37 tion. Such eligible providers denied for inclusion may apply individual-
38 ly as provided in paragraph (a) of this subdivision. Provided, however,
39 an eligible provider that does not respond to a school district's solic-
40 itation in a timely manner or fails to submit a complete application in
41 good faith to the school district shall be prohibited from applying
42 individually as provided in paragraph (a) of this subdivision. Upon
43 receipt of an application from an eligible provider, the department
44 shall verify with the local school district that the eligible provider
45 submitted a timely and good faith application, as determined by the
46 school district, for inclusion in the school district's consolidated
47 application.
48 (c) The department [shall] may establish two application periods in
49 advance of a school year.
50 (d) Providers awarded slots under this section that they actually
51 utilized would continue to have such slots renewed in subsequent years
52 provided the program meets quality standards and all applicable require-
53 ments.
54 4. Programs that provide more stimulation, enhance child development
55 and demonstrate creative approaches to improve early childhood education
56 will have a competitive advantage in the application process.
A. 6006 19
1 5. The department shall develop a scoring system, which it shall use
2 to evaluate which applications shall be funded on a competitive basis
3 based on merit and factors including but not limited to the criteria
4 listed above and student and community need. [Upon review of applica-
5 tions, if the program is oversubscribed in any region or regions of the
6 state, the department shall notify the division of the budget, which
7 shall develop a plan for distribution of available slots within any
8 oversubscribed region. The] For grants awarded in the two thousand four-
9 teen--two thousand fifteen school year, the subscription for the New
10 York city region is three hundred million dollars and the subscription
11 for providers other than those in the New York City region shall be
12 forty million dollars. An additional forty million dollars shall be
13 awarded to the New York city region for the two thousand fifteen--two
14 thousand sixteen school year and an additional forty million dollars
15 shall be awarded to any providers other than those in the New York City
16 region for the two thousand fifteen--two thousand sixteen school year.
17 The department shall allocate full-day pre-kindergarten conversion slots
18 and new full-day pre-kindergarten slots based on available funding and
19 [shall make] payments shall be made in the two thousand fifteen--two
20 thousand sixteen school year upon documentation of eligible expenditures
21 in the base year[, which]. Payments shall be [limited to] provided for
22 the actual number of slots operated and paid on a per-pupil basis pursu-
23 ant to subdivision fourteen of this section, along with payments
24 consistent with the supplemental funds criteria in the request for
25 proposal issued by the commissioner in the year two thousand fourteen.
26 (a) For grants that were awarded in the two thousand fourteen--two
27 thousand fifteen school year that continue in the two thousand fifteen-
28 -two thousand sixteen and two thousand sixteen--two thousand seventeen
29 school years: (i) For all awardees statewide, twenty-five percent of a
30 school district's and/or eligible entity's awarded funds shall be made
31 available in the final quarter of the year in which services are
32 provided as an advance on the subsequent school year liabilities; (ii)
33 For any providers other than those in the New York city region, for
34 services provided in the current school year, an additional payment of
35 up to seventy percent, including the aforementioned twenty-five percent
36 advance, shall be made available in the first three quarters of the
37 current school year, with the remaining thirty percent to be paid in the
38 final quarter of the current school year; (iii) Providers in the New
39 York city region shall receive the aforementioned twenty-five percent
40 advance. Remaining payments shall be made upon documentation of eligible
41 expenditures in the base year, including payments consistent with the
42 supplemental funds criteria in such request for proposal issued by the
43 commissioner in the year two thousand fourteen.
44 (b) For additional grants awarded for the two thousand fifteen--two
45 thousand sixteen school year: (i) Any providers other than those in the
46 New York city region receiving a new award shall receive a twenty-five
47 percent advance of awarded funds as soon as feasible in the first quar-
48 ter of the current school year; (ii) For programs outside of the New
49 York city region, payments shall be made on a current year basis, with
50 seventy percent being paid by March thirty-first of the current school
51 year, and the remaining payments made in the final quarter of the
52 current school year; (iii) Providers in the New York city region shall
53 receive payments upon documentation of eligible expenditures in the base
54 year including payments consistent with the supplemental funds criteria
55 in such request for proposal issued by the commissioner in the year two
56 thousand fourteen.
A. 6006 20
1 6. The department shall develop a statewide inspection protocol, which
2 shall provide for annual inspections of all universal full-day pre-kin-
3 dergarten providers, and shall develop a quality assurance protocol and
4 physical plant review protocol for such reviews.
5 7. Statewide universal full-day pre-kindergarten slots shall only be
6 awarded to support programs that provide instruction for at least five
7 hours per school day for the full school year and that otherwise comply
8 with the rules and requirements pursuant to section thirty-six hundred
9 two-e of this part except as otherwise provided in this section. The
10 grant award for programs that provide instruction for less than one
11 hundred eighty days in a school year shall be prorated in accordance
12 with the provisions of subdivision sixteen of section thirty-six hundred
13 two-e of this part.
14 8. All teachers in the universal full-day pre-kindergarten program
15 shall meet the same teacher certification standards applicable to public
16 schools. Pre-kindergarten teachers providing instruction through this
17 section shall possess:
18 (a) a teaching license or certificate valid for service in the early
19 childhood grades; or
20 (b) a teaching license or certificate for students with disabilities
21 valid for service in early childhood grades; or
22 (c) for eligible agencies as defined in paragraph b of subdivision one
23 of section thirty-six hundred two-e of this part that are not schools, a
24 bachelor's degree in early childhood education or a related field and a
25 written plan to obtain a certification valid for service in the early
26 childhood grades as follows:
27 (i) for teachers hired on or after the effective date of this section
28 as the teacher for a universal full-day pre-kindergarten classroom,
29 within three years after commencing employment, at which time such
30 certification shall be required for employment; and
31 (ii) for teachers hired by such provider prior to the effective date
32 of this section for other early childhood care and education programs,
33 no later than June thirtieth, two thousand seventeen, at which time such
34 certification shall be required for employment.
35 9. The process by which applicants submit proposals to collaborate
36 with the school district or individually to the department, and the
37 renewal process for such providers, shall take into account any record
38 of violations of health and safety codes and/or licensure or registra-
39 tion requirements. In addition, any agency that is cited for a violation
40 classified as an "imminent danger" by the office of children and family
41 services or as a "public health hazard" by the New York city department
42 of health and mental hygiene which is not immediately corrected and
43 which is not of a life threatening or of a grave and serious nature
44 shall be suspended from the program and, upon final determination of
45 such violation by the regulating agency, suspended or terminated from
46 participating in the program under this section based on the severity of
47 the violation. Provided further, that eligible agencies with a record of
48 other serious or critical and/or repeated violations that pose a risk to
49 health or safety shall, upon final determination of such violations, be
50 suspended or terminated from participating in the program under this
51 section, and the office of children and family services shall establish
52 statewide standards for determining such grounds for such suspension or
53 termination based on violations issued by the applicable regulatory
54 agency.
55 10. Notwithstanding any provision of law to the contrary, a universal
56 full-day pre-kindergarten provider shall be inspected by the department,
A. 6006 21
1 the school district with which it partners, if any, and its respective
2 licensing, permitting, regulatory, oversight, registration or enrolling
3 agency or entity no fewer than two times per school year, at least one
4 inspection of which shall be performed by the eligible agency's respec-
5 tive licensing, permitting, regulatory, oversight, registration or
6 enrolling agency, as applicable.
7 11. Facilities providing universal full-day pre-kindergarten under
8 this section shall meet all applicable fire safety and building codes
9 and any applicable facility requirements of a state or local licensing
10 or registering agency and at all times shall maintain building and
11 classroom space in a manner that ensures and protects the health and
12 safety of students in all programs statewide, notwithstanding any chang-
13 es in such applicable codes or requirements.
14 12. Notwithstanding paragraph (a) of subdivision one of section twen-
15 ty-eight hundred fifty-four of this chapter and paragraph (c) of subdi-
16 vision two of section twenty-eight hundred fifty-four of this chapter,
17 charter schools shall be eligible to participate in universal full-day
18 pre-kindergarten programs under this section, provided that all such
19 monitoring, programmatic review and operational requirements under this
20 section shall be the responsibility of the charter entity and shall be
21 consistent with the requirements under article fifty-six of this chap-
22 ter. The provisions of paragraph (b) of subdivision two of section twen-
23 ty-eight hundred fifty-four of this chapter shall apply to the admission
24 of pre-kindergarten students, provided however that a student enrolled
25 in a charter school full-day universal pre-kindergarten program shall
26 not be eligible for the returning student enrollment preference, except
27 parents of pre-kindergarten children may submit applications for the two
28 thousand fourteen--two thousand fifteen school year by a date to be
29 determined by the charter school upon selection to participate in the
30 universal full-day pre-kindergarten program. The limitations on the
31 employment of uncertified teachers under paragraph (a-1) of subdivision
32 three of section twenty-eight hundred fifty-four of this chapter shall
33 apply to all teachers from pre-kindergarten through grade twelve.
34 13. Apportionments under this section shall only be used to supplement
35 and not supplant current local expenditures of federal, state or local
36 funds on pre-kindergarten programs and the number of slots in such
37 programs from such sources. Current local expenditures shall include any
38 local expenditures of federal, state or local funds used to supplement
39 or extend services provided directly or via contract to eligible chil-
40 dren enrolled in a universal pre-kindergarten program pursuant to
41 section thirty-six hundred two-e of this part.
42 14. (a) The award per pupil for an eligible entity pursuant to subdi-
43 vision three of this section shall equal: (i) for each new full-day
44 pre-kindergarten placement the lesser of the full-day pre-kindergarten
45 per pupil amount or the total approved expenditures per pupil and (ii)
46 for each existing half-day pre-kindergarten placement converted into a
47 full-day pre-kindergarten placement the lesser of (A) the positive
48 difference of the full-day pre-kindergarten per pupil amount minus the
49 district's selected aid per pre-kindergarten pupil pursuant to subpara-
50 graph (i) of paragraph b of subdivision ten of section thirty-six
51 hundred two-e of this part or (B) the positive difference of the total
52 approved expenditures per pupil minus the district's selected aid per
53 pre-kindergarten pupil pursuant to subparagraph (i) of paragraph b of
54 subdivision ten of section thirty-six hundred two-e of this part. Each
55 participating eligible entity pursuant to subdivision three of this
A. 6006 22
1 section shall provide its expenses under this provision in a format
2 prescribed by the commissioner.
3 (b) For the purposes of this section, "full-day pre-kindergarten per
4 pupil amount" shall mean (i) for pupils enrolled in programs where the
5 teacher of record for such pupil holds a teaching certificate issued by
6 the commissioner in an appropriate certificate title, ten thousand
7 dollars, and (ii) for pupils enrolled in programs where the teacher of
8 record for such pupil does not hold a teaching certificate issued by the
9 commissioner in an appropriate certificate title, seven thousand
10 dollars.
11 (c) For the purposes of this section, "teacher of record" shall mean
12 the teacher who is primarily and directly responsible for a student's
13 learning activities, as reported to the department in a manner
14 prescribed by the commissioner.
15 15. Definitions. For the purpose of this section, the following defi-
16 nitions shall apply:
17 (a) "regions of the state" shall mean:
18 (i) Capital Region: Includes Albany, Columbia, Greene, Rensselaer,
19 Saratoga, Schenectady, Warren, and Washington counties.
20 (ii) Central New York Region: Includes Cayuga, Cortland, Madison,
21 Onondaga and Oswego counties.
22 (iii) Finger Lakes Region: Includes Genesee, Livingston, Monroe,
23 Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties.
24 (iv) Long Island Region: Includes Nassau and Suffolk counties.
25 (v) Mid-Hudson Region: Includes Dutchess, Orange, Putnam, Rockland,
26 Sullivan, Ulster and Westchester counties.
27 (vi) Mohawk Valley Region: Includes Fulton, Herkimer, Montgomery,
28 Oneida, Otsego and Schoharie counties.
29 (vii) New York City Region: Includes Bronx, Kings, New York, Queens
30 and Richmond counties.
31 (viii) North Country Region: Includes Clinton, Essex, Franklin, Hamil-
32 ton, Jefferson, Lewis and St. Lawrence counties.
33 (ix) Southern Tier Region: Includes Broome, Chemung, Chenango, Dela-
34 ware, Schuyler, Steuben, Tioga and Tompkins counties.
35 (x) Western New York Region: Includes Allegany, Cattaraugus, Chautau-
36 qua, Erie and Niagara counties.
37 (b) "community-based organization" shall mean a provider of child care
38 and early education, a day care provider, early childhood program or
39 center, approved preschool special education program, Head Start or
40 other such community-based organization.
41 [16. The authority of the department to administer the universal full-
42 day pre-kindergarten program shall expire June thirtieth, two thousand
43 sixteen; provided that the program shall continue and remain in full
44 effect.]
45 § 8-b. Section 3641 of the education law is amended by adding a new
46 subdivision 17 to read as follows:
47 17. Support for pupils for English language learning success. For the
48 two thousand fifteen-two thousand sixteen school year, eligible school
49 districts shall receive an apportionment from funds appropriated for
50 instructional programs for students designated under paragraph o of
51 subdivision one of section thirty-six hundred two of this article. Such
52 apportionment shall be equal to the product of ten million dollars
53 multiplied by the SPELLS growth quotient.
54 a. "Increase in SPELLS students" shall mean the difference of the
55 pupil count calculated pursuant to paragraph o of subdivision one of
56 section thirty-six hundred two of this article for the two thousand
A. 6006 23
1 fourteen-two thousand fifteen school year as such amount appears on an
2 electronic file produced by the commissioner in support of the database
3 produced in February, two thousand fifteen pursuant to subdivision twen-
4 ty-one of section three hundred five of this chapter and entitled
5 "CL027-A" less the pupil count calculated pursuant to paragraph o of
6 subdivision one of section thirty-six hundred two of this article for
7 the two thousand thirteen-two thousand fourteen school year as such
8 amount appears on an electronic file produced by the commissioner in
9 support of the database produced in May, two thousand fourteen pursuant
10 to subdivision twenty-one of section three hundred five of this chapter
11 and entitled "SA141-A".
12 b. "SPELLS growth quotient" shall mean the quotient arrived at when
13 dividing an eligible district's increase in SPELLS students by the sum
14 of increase in SPELLS students in all eligible districts.
15 c. "Eligible school district" shall mean a district with (1) an
16 increase in SPELLS students greater than or equal to twenty and (2) a
17 combined wealth ratio computed pursuant to paragraph c of subdivision
18 three of section thirty-six hundred two of this article less than or
19 equal to one and one-half.
20 § 8-c. Paragraph c of subdivision 16 of section 3641 of the education
21 law, as added by section 2 of part C of chapter 56 of the laws of 2014,
22 is amended to read as follows:
23 c. Expenditure of money. (1) Smart schools grants. Each school
24 district which has an approved smart schools investment plan including a
25 smart schools project or projects shall be entitled to a grant or grants
26 for the smart schools project or projects included therein in an amount,
27 whether in the aggregate or otherwise, not to exceed the smart schools
28 allocation calculated for such school district. The amount of such allo-
29 cation not expended, disbursed or encumbered for any school year shall
30 be carried over for expenditure and disbursement to the next succeeding
31 school year. Expenditures from the smart schools allocation shall not be
32 eligible for aid under any other provision of this chapter.
33 (2) The amounts determined pursuant to this subdivision to be paid to
34 school districts shall be certified by the commissioner in accordance
35 with this subdivision. If, upon the option of a school district, a smart
36 schools investment plan directs that an amount be transferred or subal-
37 located to a department, agency, or public authority to be spent on
38 behalf of the school district, such amounts shall be transferred or
39 suballocated, consistent with such plan, upon the approval of the direc-
40 tor of the budget. The amounts of money so certified or made available
41 shall be paid by the comptroller in accordance with appropriations
42 therefor, provided, however, that the payment schedule set forth in
43 subdivision one of this section shall not apply to such payments. Such
44 payment shall fulfill any obligation of the state or the commissioner to
45 apportion funds pursuant to this subdivision, and whenever a school
46 district has been apportioned more money pursuant to this subdivision
47 than that to which it is entitled, the commissioner may deduct such
48 amount from the next apportionment to be made to such school district.
49 (3) In implementing and developing guidance to school districts on the
50 smart schools grants, the smart schools review board shall consider the
51 need to make timely awards to school districts, taking into account the
52 budgeting needs of school districts and the impact, if any, on the tax
53 levy.
54 § 9. Subdivision 6 of section 4402 of the education law, as amended by
55 section 9 of part A of chapter 56 of the laws of 2014, is amended to
56 read as follows:
A. 6006 24
1 6. Notwithstanding any other law, rule or regulation to the contrary,
2 the board of education of a city school district with a population of
3 one hundred twenty-five thousand or more inhabitants shall be permitted
4 to establish maximum class sizes for special classes for certain
5 students with disabilities in accordance with the provisions of this
6 subdivision. For the purpose of obtaining relief from any adverse fiscal
7 impact from under-utilization of special education resources due to low
8 student attendance in special education classes at the middle and
9 secondary level as determined by the commissioner, such boards of educa-
10 tion shall, during the school years nineteen hundred ninety-five--nine-
11 ty-six through June thirtieth, two thousand [fifteen] sixteen of the two
12 thousand [fourteen] fifteen--two thousand [fifteen] sixteen school year,
13 be authorized to increase class sizes in special classes containing
14 students with disabilities whose age ranges are equivalent to those of
15 students in middle and secondary schools as defined by the commissioner
16 for purposes of this section by up to but not to exceed one and two
17 tenths times the applicable maximum class size specified in regulations
18 of the commissioner rounded up to the nearest whole number, provided
19 that in a city school district having a population of one million or
20 more, classes that have a maximum class size of fifteen may be increased
21 by no more than one student and provided that the projected average
22 class size shall not exceed the maximum specified in the applicable
23 regulation, provided that such authorization shall terminate on June
24 thirtieth, two thousand. Such authorization shall be granted upon filing
25 of a notice by such a board of education with the commissioner stating
26 the board's intention to increase such class sizes and a certification
27 that the board will conduct a study of attendance problems at the
28 secondary level and will implement a corrective action plan to increase
29 the rate of attendance of students in such classes to at least the rate
30 for students attending regular education classes in secondary schools of
31 the district. Such corrective action plan shall be submitted for
32 approval by the commissioner by a date during the school year in which
33 such board increases class sizes as provided pursuant to this subdivi-
34 sion to be prescribed by the commissioner. Upon at least thirty days
35 notice to the board of education, after conclusion of the school year in
36 which such board increases class sizes as provided pursuant to this
37 subdivision, the commissioner shall be authorized to terminate such
38 authorization upon a finding that the board has failed to develop or
39 implement an approved corrective action plan.
40 § 10. Section 34 of chapter 91 of the laws of 2002 amending the
41 education law and other laws relating to the reorganization of the New
42 York city school construction authority, board of education and communi-
43 ty boards, as amended by chapter 345 of the laws of 2009, is amended to
44 read as follows:
45 § 34. This act shall take effect July 1, 2002; provided, that sections
46 one through twenty, twenty-four, and twenty-six through thirty of this
47 act shall expire and be deemed repealed June 30, [2015] 2022; provided,
48 further, that notwithstanding any provision of article 5 of the general
49 construction law, on June 30, [2015] 2022 the provisions of subdivisions
50 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
51 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
52 2554 of the education law as repealed by section three of this act,
53 subdivision 1 of section 2590-b of the education law as repealed by
54 section six of this act, paragraph (a) of subdivision 2 of section
55 2590-b of the education law as repealed by section seven of this act,
56 section 2590-c of the education law as repealed by section eight of this
A. 6006 25
1 act, paragraph c of subdivision 2 of section 2590-d of the education law
2 as repealed by section twenty-six of this act, subdivision 1 of section
3 2590-e of the education law as repealed by section twenty-seven of this
4 act, subdivision 28 of section 2590-h of the education law as repealed
5 by section twenty-eight of this act, subdivision 30 of section 2590-h of
6 the education law as repealed by section twenty-nine of this act, subdi-
7 vision 30-a of section 2590-h of the education law as repealed by
8 section thirty of this act shall be revived and be read as such
9 provisions existed in law on the date immediately preceding the effec-
10 tive date of this act; provided, however, that sections seven and eight
11 of this act shall take effect on November 30, 2003; provided further
12 that the amendments to subdivision 25 of section 2554 of the education
13 law made by section two of this act shall be subject to the expiration
14 and reversion of such subdivision pursuant to section 12 of chapter 147
15 of the laws of 2001, as amended, when upon such date the provisions of
16 section four of this act shall take effect.
17 § 10-a. Subdivision 12 of section 17 of chapter 345 of the laws of
18 2009 amending the education law relating to the New York city board of
19 education, chancellor, community councils, and community superinten-
20 dents, is amended to read as follows:
21 12. any provision in sections one, two, three, four, five, six, seven,
22 eight, nine, ten and eleven of this act not otherwise set to expire
23 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
24 section 17 of chapter 123 of the laws of 2003, as amended, shall expire
25 and be deemed repealed June 30, [2015] 2022.
26 § 11. Subparagraph (i) of paragraph a of subdivision 10 of section
27 4410 of the education law is amended by adding a new clause (C) to read
28 as follows:
29 (C) Notwithstanding any other provision of law, rule or regulation to
30 the contrary, for the two thousand sixteen--two thousand seventeen
31 school year and thereafter, to be phased-in over no more than four years
32 starting in the two thousand sixteen--two thousand seventeen school
33 year, the commissioner, subject to the approval of the director of the
34 budget, shall establish regional tuition rates for special education
35 itinerant services based on average actual costs in accordance with a
36 methodology established pursuant to subdivision four of section forty-
37 four hundred five of this article.
38 § 11-a. Tuition rates approved for the two thousand fifteen--two thou-
39 sand sixteen school year for special services or programs provided to
40 school-age students by special act school districts and approved private
41 residential or non-residential schools for the education of students
42 with disabilities that are located within the state shall provide for an
43 increase of at least two and four-tenths percent in reimbursable costs.
44 § 12. Section 97-nnnn of the state finance law is amended by adding a
45 new subdivision 6 to read as follows:
46 6. a. Moneys appropriated from the fund for the two thousand four-
47 teen--two thousand fifteen and two thousand fifteen--two thousand
48 sixteen school years, for the purposes of providing aid pursuant to
49 paragraph a of subdivision three of this section shall be apportioned
50 and paid by the education department on or after April first, two thou-
51 sand fifteen.
52 b. Each school district eligible to receive total foundation aid
53 pursuant to section thirty-six hundred two of the education law shall
54 receive a commercial gaming grant in an amount equal to the product of
55 the amount of the appropriation of such commercial gaming grants for the
56 current state fiscal year multiplied by the district's commercial gaming
A. 6006 26
1 ratio. The "commercial gaming ratio" shall be equal to the quotient of
2 the moneys apportioned for such district pursuant to section thirty-six
3 hundred nine-a of the education law as set forth in the school aid
4 computer listing produced by the commissioner in support of the enacted
5 state budget for the current school year, divided by the sum of such
6 moneys apportioned for all school districts as set forth in such school
7 aid computer listing in support of the enacted state budget for the
8 current school year.
9 Moneys to be appropriated from the fund in any state fiscal year,
10 commencing on and after April first, two thousand fifteen, for the
11 purposes of providing aid pursuant to this subparagraph shall be appor-
12 tioned and paid by the education department pursuant to section thirty-
13 six hundred nine-h of the education law.
14 § 13. Subdivision b of section 2 of chapter 756 of the laws of 1992,
15 relating to funding a program for work force education conducted by the
16 consortium for worker education in New York city, as amended by section
17 12 of part A of chapter 56 of the laws of 2014, is amended to read as
18 follows:
19 b. Reimbursement for programs approved in accordance with subdivision
20 a of this section [for the 2011--2012 school year shall not exceed 62.9
21 percent of the lesser of such approvable costs per contact hour or
22 twelve dollars and fifteen cents per contact hour, reimbursement] for
23 the 2012--2013 school year shall not exceed 63.3 percent of the lesser
24 of such approvable costs per contact hour or twelve dollars and thirty-
25 five cents per contact hour, reimbursement for the 2013--2014 school
26 year shall not exceed 62.3 percent of the lesser of such approvable
27 costs per contact hour or twelve dollars and sixty-five cents per
28 contact hour, [and] reimbursement for the 2014--2015 school year shall
29 not exceed 61.6 percent of the lesser of such approvable costs per
30 contact hour or [eight] thirteen dollars per contact hour, and
31 reimbursement for the 2015--2016 school year shall not exceed 60.7
32 percent of the lesser of such approvable costs per contact hour or thir-
33 teen dollars and forty cents per contact hour where a contact hour
34 represents sixty minutes of instruction services provided to an eligible
35 adult. Notwithstanding any other provision of law to the contrary, [for
36 the 2011--2012 school year such contact hours shall not exceed one
37 million seven hundred one thousand five hundred seventy (1,701,570)
38 hours; whereas] for the 2012--2013 school year such contact hours shall
39 not exceed one million six hundred sixty-four thousand five hundred
40 thirty-two (1,664,532) hours; whereas for the 2013--2014 school year
41 such contact hours shall not exceed one million six hundred forty-nine
42 thousand seven hundred forty-six (1,649,746) hours; whereas for the
43 2014--2015 school year such contact hours shall not exceed one million
44 six hundred twenty-five thousand (1,625,000) hours; whereas for the
45 2015--2016 school year such contact hours shall not exceed one million
46 five hundred ninety-nine thousand fifteen (1,599,015) hours. Notwith-
47 standing any other provision of law to the contrary, the apportionment
48 calculated for the city school district of the city of New York pursuant
49 to subdivision 11 of section 3602 of the education law shall be computed
50 as if such contact hours provided by the consortium for worker educa-
51 tion, not to exceed the contact hours set forth herein, were eligible
52 for aid in accordance with the provisions of such subdivision 11 of
53 section 3602 of the education law.
54 § 14. Section 4 of chapter 756 of the laws of 1992, relating to fund-
55 ing a program for work force education conducted by the consortium for
A. 6006 27
1 worker education in New York city, is amended by adding a new subdivi-
2 sion t to read as follows:
3 t. The provisions of this subdivision shall not apply after the
4 completion of payments for the 2015--2016 school year. Notwithstanding
5 any inconsistent provisions of law, the commissioner of education shall
6 withhold a portion of employment preparation education aid due to the
7 city school district of the city of New York to support a portion of the
8 costs of the work force education program. Such moneys shall be credited
9 to the elementary and secondary education fund-local assistance account
10 and shall not exceed thirteen million dollars ($13,000,000).
11 § 15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
12 ing a program for work force education conducted by the consortium for
13 worker education in New York city, as amended by section 14 of part A of
14 chapter 56 of the laws of 2014, is amended to read as follows:
15 § 6. This act shall take effect July 1, 1992, and shall be deemed
16 repealed on June 30, [2015] 2016.
17 § 15-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
18 tion law, as amended by section 14-a of part A of chapter 56 of the laws
19 of 2014, is amended to read as follows:
20 a-1. Notwithstanding the provisions of paragraph a of this subdivi-
21 sion, for aid payable in the school years two thousand--two thousand one
22 through two thousand nine--two thousand ten, and two thousand eleven--
23 two thousand twelve through two thousand [fourteen] fifteen--two thou-
24 sand [fifteen] sixteen, the commissioner may set aside an amount not to
25 exceed two million five hundred thousand dollars from the funds appro-
26 priated for purposes of this subdivision for the purpose of serving
27 persons twenty-one years of age or older who have not been enrolled in
28 any school for the preceding school year, including persons who have
29 received a high school diploma or high school equivalency diploma but
30 fail to demonstrate basic educational competencies as defined in regu-
31 lation by the commissioner, when measured by accepted standardized
32 tests, and who shall be eligible to attend employment preparation educa-
33 tion programs operated pursuant to this subdivision.
34 § 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
35 relating to certain provisions related to the 1994-95 state operations,
36 aid to localities, capital projects and debt service budgets, as amended
37 by section 15 of part A of chapter 56 of the laws of 2014, is amended to
38 read as follows:
39 1. Sections one through seventy of this act shall be deemed to have
40 been in full force and effect as of April 1, 1994 provided, however,
41 that sections one, two, twenty-four, twenty-five and twenty-seven
42 through seventy of this act shall expire and be deemed repealed on March
43 31, 2000; provided, however, that section twenty of this act shall apply
44 only to hearings commenced prior to September 1, 1994, and provided
45 further that section twenty-six of this act shall expire and be deemed
46 repealed on March 31, 1997; and provided further that sections four
47 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
48 twenty-one-a of this act shall expire and be deemed repealed on March
49 31, 1997; and provided further that sections three, fifteen, seventeen,
50 twenty, twenty-two and twenty-three of this act shall expire and be
51 deemed repealed on March 31, [2016] 2017.
52 § 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
53 of 1995, amending the education law and other laws relating to state aid
54 to school districts and the appropriation of funds for the support of
55 government, as amended by section 16 of part A of chapter 56 of the laws
56 of 2014, are amended to read as follows:
A. 6006 28
1 (22) sections one hundred twelve, one hundred thirteen, one hundred
2 fourteen, one hundred fifteen and one hundred sixteen of this act shall
3 take effect on July 1, 1995; provided, however, that section one hundred
4 thirteen of this act shall remain in full force and effect until July 1,
5 [2015] 2016 at which time it shall be deemed repealed;
6 (24) sections one hundred eighteen through one hundred thirty of this
7 act shall be deemed to have been in full force and effect on and after
8 July 1, 1995; provided further, however, that the amendments made pursu-
9 ant to section one hundred twenty-four of this act shall be deemed to be
10 repealed on and after July 1, [2015] 2016;
11 § 18. Section 7 of chapter 472 of the laws of 1998, amending the
12 education law relating to the lease of school buses by school districts,
13 as amended by section 26 of part A of chapter 57 of the laws of 2013, is
14 amended to read as follows:
15 § 7. This act shall take effect September 1, 1998, and shall expire
16 and be deemed repealed September 1, [2015] 2017.
17 § 19. Section 12 of chapter 147 of the laws of 2001, amending the
18 education law relating to conditional appointment of school district,
19 charter school or BOCES employees, as amended by section 18 of part A of
20 chapter 56 of the laws of 2014, is amended to read as follows:
21 § 12. This act shall take effect on the same date as chapter 180 of
22 the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
23 upon such date the provisions of this act shall be deemed repealed.
24 § 20. Section 4 of chapter 425 of the laws of 2002, amending the
25 education law relating to the provision of supplemental educational
26 services, attendance at a safe public school and the suspension of
27 pupils who bring a firearm to or possess a firearm at a school, as
28 amended by section 19 of part A of chapter 56 of the laws of 2014, is
29 amended to read as follows:
30 § 4. This act shall take effect July 1, 2002 and shall expire and be
31 deemed repealed June 30, [2015] 2016.
32 § 21. Section 5 of chapter 101 of the laws of 2003, amending the
33 education law relating to implementation of the No Child Left Behind Act
34 of 2001, as amended by section 20 of part A of chapter 56 of the laws of
35 2014, is amended to read as follows:
36 § 5. This act shall take effect immediately; provided that sections
37 one, two and three of this act shall expire and be deemed repealed on
38 June 30, [2015] 2016.
39 § 22. School bus driver training. In addition to apportionments other-
40 wise provided by section 3602 of the education law, for aid payable in
41 the 2015-2016 school year, the commissioner of education shall allocate
42 school bus driver training grants to school districts and boards of
43 cooperative educational services pursuant to sections 3650-a, 3650-b and
44 3650-c of the education law, or for contracts directly with not-for-pro-
45 fit educational organizations for the purposes of this section. Such
46 payments shall not exceed four hundred thousand dollars ($400,000) per
47 school year.
48 § 23. Special apportionment for salary expenses. a. Notwithstanding
49 any other provision of law, upon application to the commissioner of
50 education, not sooner than the first day of the second full business
51 week of June 2016 and not later than the last day of the third full
52 business week of June 2016, a school district eligible for an apportion-
53 ment pursuant to section 3602 of the education law shall be eligible to
54 receive an apportionment pursuant to this section, for the school year
55 ending June 30, 2016, for salary expenses incurred between April 1 and
56 June 30, 2015 and such apportionment shall not exceed the sum of (i) the
A. 6006 29
1 deficit reduction assessment of 1990--1991 as determined by the commis-
2 sioner of education, pursuant to paragraph f of subdivision 1 of section
3 3602 of the education law, as in effect through June 30, 1993, plus (ii)
4 186 percent of such amount for a city school district in a city with a
5 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
6 such amount for a city school district in a city with a population of
7 more than 195,000 inhabitants and less than 219,000 inhabitants accord-
8 ing to the latest federal census, plus (iv) the net gap elimination
9 adjustment for 2010--2011, as determined by the commissioner of educa-
10 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
11 nation adjustment for 2011--2012 as determined by the commissioner of
12 education pursuant to subdivision 17 of section 3602 of the education
13 law, and provided further that such apportionment shall not exceed such
14 salary expenses. Such application shall be made by a school district,
15 after the board of education or trustees have adopted a resolution to do
16 so and in the case of a city school district in a city with a population
17 in excess of 125,000 inhabitants, with the approval of the mayor of such
18 city.
19 b. The claim for an apportionment to be paid to a school district
20 pursuant to subdivision a of this section shall be submitted to the
21 commissioner of education on a form prescribed for such purpose, and
22 shall be payable upon determination by such commissioner that the form
23 has been submitted as prescribed. Such approved amounts shall be payable
24 on the same day in September of the school year following the year in
25 which application was made as funds provided pursuant to subparagraph
26 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
27 law, on the audit and warrant of the state comptroller on vouchers
28 certified or approved by the commissioner of education in the manner
29 prescribed by law from moneys in the state lottery fund and from the
30 general fund to the extent that the amount paid to a school district
31 pursuant to this section exceeds the amount, if any, due such school
32 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
33 section 3609-a of the education law in the school year following the
34 year in which application was made.
35 c. Notwithstanding the provisions of section 3609-a of the education
36 law, an amount equal to the amount paid to a school district pursuant to
37 subdivisions a and b of this section shall first be deducted from the
38 following payments due the school district during the school year
39 following the year in which application was made pursuant to subpara-
40 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
41 section 3609-a of the education law in the following order: the lottery
42 apportionment payable pursuant to subparagraph (2) of such paragraph
43 followed by the fixed fall payments payable pursuant to subparagraph (4)
44 of such paragraph and then followed by the district's payments to the
45 teachers' retirement system pursuant to subparagraph (1) of such para-
46 graph, and any remainder to be deducted from the individualized payments
47 due the district pursuant to paragraph b of such subdivision shall be
48 deducted on a chronological basis starting with the earliest payment due
49 the district.
50 § 24. Special apportionment for public pension accruals. a. Notwith-
51 standing any other provision of law, upon application to the commission-
52 er of education, not later than June 30, 2016, a school district eligi-
53 ble for an apportionment pursuant to section 3602 of the education law
54 shall be eligible to receive an apportionment pursuant to this section,
55 for the school year ending June 30, 2016 and such apportionment shall
56 not exceed the additional accruals required to be made by school
A. 6006 30
1 districts in the 2004--2005 and 2005--2006 school years associated with
2 changes for such public pension liabilities. The amount of such addi-
3 tional accrual shall be certified to the commissioner of education by
4 the president of the board of education or the trustees or, in the case
5 of a city school district in a city with a population in excess of
6 125,000 inhabitants, the mayor of such city. Such application shall be
7 made by a school district, after the board of education or trustees have
8 adopted a resolution to do so and in the case of a city school district
9 in a city with a population in excess of 125,000 inhabitants, with the
10 approval of the mayor of such city.
11 b. The claim for an apportionment to be paid to a school district
12 pursuant to subdivision a of this section shall be submitted to the
13 commissioner of education on a form prescribed for such purpose, and
14 shall be payable upon determination by such commissioner that the form
15 has been submitted as prescribed. Such approved amounts shall be payable
16 on the same day in September of the school year following the year in
17 which application was made as funds provided pursuant to subparagraph
18 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
19 law, on the audit and warrant of the state comptroller on vouchers
20 certified or approved by the commissioner of education in the manner
21 prescribed by law from moneys in the state lottery fund and from the
22 general fund to the extent that the amount paid to a school district
23 pursuant to this section exceeds the amount, if any, due such school
24 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
25 section 3609-a of the education law in the school year following the
26 year in which application was made.
27 c. Notwithstanding the provisions of section 3609-a of the education
28 law, an amount equal to the amount paid to a school district pursuant to
29 subdivisions a and b of this section shall first be deducted from the
30 following payments due the school district during the school year
31 following the year in which application was made pursuant to subpara-
32 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
33 section 3609-a of the education law in the following order: the lottery
34 apportionment payable pursuant to subparagraph (2) of such paragraph
35 followed by the fixed fall payments payable pursuant to subparagraph (4)
36 of such paragraph and then followed by the district's payments to the
37 teachers' retirement system pursuant to subparagraph (1) of such para-
38 graph, and any remainder to be deducted from the individualized payments
39 due the district pursuant to paragraph b of such subdivision shall be
40 deducted on a chronological basis starting with the earliest payment due
41 the district.
42 § 25. a. Notwithstanding any other law, rule or regulation to the
43 contrary, any moneys appropriated to the state education department may
44 be suballocated to other state departments or agencies, as needed, to
45 accomplish the intent of the specific appropriations contained therein.
46 b. Notwithstanding any other law, rule or regulation to the contrary,
47 moneys appropriated to the state education department from the general
48 fund/aid to localities, local assistance account-001, shall be for
49 payment of financial assistance, as scheduled, net of disallowances,
50 refunds, reimbursement and credits.
51 c. Notwithstanding any other law, rule or regulation to the contrary,
52 all moneys appropriated to the state education department for aid to
53 localities shall be available for payment of aid heretofore or hereafter
54 to accrue and may be suballocated to other departments and agencies to
55 accomplish the intent of the specific appropriations contained therein.
A. 6006 31
1 d. Notwithstanding any other law, rule or regulation to the contrary,
2 moneys appropriated to the state education department for general
3 support for public schools may be interchanged with any other item of
4 appropriation for general support for public schools within the general
5 fund local assistance account office of prekindergarten through grade
6 twelve education programs.
7 § 25-a. Notwithstanding any provision of law to the contrary, state
8 building aid payments in the amount of not more than one million nine
9 hundred eighty-nine thousand eight hundred sixty-seven dollars
10 ($1,989,867) made to the Johnson City central school district in various
11 school years, which included excess payments of which such school
12 district has been notified, and for which a recovery must be made by the
13 state through deduction of future aid payments, shall be reduced through
14 aid deductions totaling such excess payments, by deducting one-sixth of
15 such excess payments from the payments due to such school district and
16 payable in the month of June in the years 2015, 2016, 2017, 2018, 2019
17 and 2020; provided, however, there shall be no interest penalty assessed
18 against such district or collected by the state; and provided, further,
19 that notwithstanding any other provision of this act, any pending
20 payment of moneys due to such district as a prior year adjustment paya-
21 ble pursuant to paragraph c of subdivision 5 of section 3604 of the
22 education law for aid claims that had been previously paid in excess as
23 current year aid payments for which recovery of excess payments is to be
24 made pursuant to this section, shall be reduced at the time of actual
25 payment by any remaining unrecovered balance of such excess payments,
26 and the remaining scheduled deductions of such excess payments pursuant
27 to this section shall be reduced by the commissioner of education to
28 reflect the amount to recovered.
29 § 25-b. Notwithstanding any provision of the law to the contrary, for
30 the Amsterdam city school district having a penalty arising from the
31 late filing of a final cost report pursuant to section 31 of part A of
32 chapter 57 of the laws of 2012 where such penalty exceeds $5,000,000 and
33 also exceeds 9 percent of such district's total general fund expendi-
34 tures for the 2012-13 school year, the commissioner of education shall
35 recover such penalty in five equal annual installments beginning the
36 later of June, 2017 or June of the school year in which such district is
37 notified of the penalty. Provided further that such district may elect
38 to make an initial payment no later than thirty days in advance of the
39 first annual installment which shall reduce the amount of each annual
40 installment.
41 § 25-c. Subdivision 3 of section 1230 of the real property tax law, as
42 amended by section 54 of part A1 of chapter 58 of the laws of 2006, is
43 amended to read as follows:
44 3. Special equalization rates shall be established for the following
45 school districts:
46 Amityville union free school district
47 Brentwood school district
48 Central Islip school district
49 Freeport union free school district
50 Greenburgh central school district
51 Hempstead union free school district
52 Roosevelt union free school district
53 Tuckahoe union free school district
54 Uniondale union free school district
55 Westbury union free school district
56 Wyandanch school district
A. 6006 32
1 § 25-d. For calculation of aid apportioned to the Greenburgh central
2 school district for any project for which aid is first apportioned
3 pursuant to subdivision 6 of section 3602 of the education law on or
4 after July 1, 2015, the district shall compute aid under the provisions
5 of such subdivision using the greater of:
6 a. the building aid ratio computed for use in the current year; or
7 b. a building aid ratio equal to the difference of the selected build-
8 ing aid ratio equivalent computed pursuant to this section, less one-
9 tenth.
10 (1) The selected building aid ratio equivalent shall be the positive
11 difference of:
12 (a) one, less
13 (b) the product, computed to three decimal places without rounding, of
14 (i) the quotient, computed to three decimal places without rounding,
15 of
16 (A) the quotient, computed to the nearest whole number without round-
17 ing, of
18 (I) the actual valuation of the school district, as defined pursuant
19 to subdivision 1 of section 3602 of the education law, divided by
20 (II) the equivalent pupils of the school district
21 (B) divided by the state average actual valuation per pupil computed
22 pursuant to subdivision 3 of section 3602 of the education law, multi-
23 plied by
24 (ii) fifty-one percent.
25 Such aid ratio shall not be less than zero.
26 (2) The equivalent pupils of the school district shall be the
27 quotient, computed to the nearest whole number without rounding, of
28 (a) an equivalent actual valuation equal to the amount that would be
29 computed obtained by taking the assessed valuation of taxable real prop-
30 erty within such district as it appears upon the assessment roll of the
31 town in which such property is located, for the calendar year two years
32 prior to the calendar year in which the base year commenced, after
33 revision as provided by law, and dividing it by the state equalization
34 rate as determined by the state office of real property services, for
35 the assessment roll of such town completed during such preceding calen-
36 dar year, divided by
37 (b) the product, computed to the nearest whole number without round-
38 ing, of
39 (i) the state average actual valuation per pupil computed pursuant to
40 subdivision 3 of section 3602 of the education law, multiplied by
41 (ii) the quotient, computed to three decimals without rounding, of
42 (A) the positive difference of
43 (I) one less
44 (II) the building aid ratio that was used or that would have been used
45 to compute an apportionment pursuant to subdivision 6 of section 3602 of
46 the education law in the 1999--2000 school year, divided by
47 (B) fifty-one one-hundredths.
48 The office of real property services shall determine such equivalent
49 actual valuation and shall report it to the state comptroller and the
50 commissioner of education. Such computations shall be deemed final and
51 not subject to change on or after July 1, 2016.
52 § 26. Notwithstanding the provision of any law, rule, or regulation to
53 the contrary, the city school district of the city of Rochester, upon
54 the consent of the board of cooperative educational services of the
55 supervisory district serving its geographic region may purchase from
A. 6006 33
1 such board for the 2015--2016 school year, as a non-component school
2 district, services required by article 19 of the education law.
3 § 26-a. Notwithstanding any provision of the law to the contrary, for
4 the Tonawanda school district having a penalty arising from the late
5 filing of a final cost report pursuant to section 31 of part A of chap-
6 ter 57 of the laws of 2012 where such penalty exceeds $1,400,000 and
7 also exceeds 5 percent of such district's total general fund expendi-
8 tures for the 2012-13 school year and the district has a combined wealth
9 ratio for 2013-14 aid of .610, the commissioner of education shall
10 recover such penalty in five equal annual installments beginning the
11 later of June, 2017 or June of the school year in which such district is
12 notified of the penalty. Provided, further, that such district may elect
13 to make an initial payment no later than thirty days in advance of the
14 first annual installment which shall reduce the amount of each annual
15 installment.
16 § 26-b. Ballston Spa central school district semiconductor manufactur-
17 ing tax stabilization fund. 1. Legislative findings. The legislature
18 hereby finds that the private development and ownership of a semiconduc-
19 tor manufacturing project or projects located within the Ballston Spa
20 central school district may result in instability in the real property
21 tax base and the budgets of the district due to the uncertainty with the
22 assessments of such semiconductor manufacturing project or projects and
23 the variability of the payments in lieu of taxes prior to and at termi-
24 nation of such payments.
25 2. Definitions. As used in this section:
26 (a) "Board of education" or "board" means the board of education of
27 the Ballston Spa central school district.
28 (b) "Semiconductor manufacturing tax stabilization reserve fund" or
29 "fund" means the semiconductor manufacturing tax stabilization reserve
30 fund established pursuant to this section.
31 (c) "Payments in lieu of taxes" or "payments" means payments in lieu
32 of taxes receivable by the school district pursuant to contracts entered
33 into in accordance with section 412-a of the real property tax law or
34 section 858 of the general municipal law on any semiconductor manufac-
35 turing project or projects located wholly or partially within the Ball-
36 ston Spa central school district.
37 (d) "School district" or "district" means the Ballston Spa central
38 school district.
39 (e) "Semiconductor manufacturing project or projects" shall be defined
40 as in section 412-a of the real property tax law and shall include the
41 land upon which the project is located, buildings for use in the manu-
42 facturing of semiconductors, associated buildings, and the acquisition
43 and installation therein of certain machinery and equipment.
44 3. Semiconductor manufacturing tax stabilization reserve fund. The
45 board of education is hereby authorized to establish a semiconductor
46 manufacturing tax stabilization reserve fund to lessen or prevent
47 increases in the school district's real property tax levy resulting from
48 decreases in revenue due to changes in the amount of or termination of
49 payments in lieu of taxes receivable by the school district provided,
50 however, that no such fund shall be established unless approved by a
51 majority vote of the qualified voters of the district present and voting
52 on a separate ballot proposition therefor at either a special district
53 meeting which the board of education may call for such purposes, or at
54 the annual district meeting and election, to be noticed and conducted in
55 either case in accordance with the provisions of article 41 of the
A. 6006 34
1 education law. Moneys shall be paid into and withdrawn from the fund,
2 and the fund shall be administered, as follows:
3 (a) For any school district fiscal year commencing after the effective
4 date of this section and after the establishment of the semiconductor
5 manufacturing tax stabilization reserve fund, the board of education may
6 determine that there shall be paid into the fund all or any portion of
7 the amount by which the payments in lieu of taxes receivable by the
8 school district for such fiscal year is greater than the amount of such
9 payments received by the school district for the preceding fiscal year,
10 provided that no payment into the reserve fund shall cause the balance
11 of the fund to exceed the amount approved in a ballot proposition
12 described above.
13 (b) Moneys may be withdrawn from the semiconductor manufacturing tax
14 stabilization reserve fund for any fiscal year to be expended for any
15 lawful purpose, provided, however, that no such withdrawal and expendi-
16 ture shall be made unless approved by a majority vote of the qualified
17 voters of the district present and voting on a single proposition as
18 part of the district's budget at the annual district meeting and
19 election, or, on a separate ballot proposition therefor at a special
20 district meeting which the board of education may call for such purpose,
21 to be noticed and conducted in either case in accordance with the
22 provisions of article 41 of the education law.
23 (c) The moneys in the semiconductor manufacturing tax stabilization
24 reserve fund shall be deposited, invested and accounted for in the
25 manner provided for in subdivisions 2 and 6 of section 3651 and section
26 3652 of the education law.
27 § 26-c. Subdivision 10 of section 6-p of the general municipal law, as
28 amended by section 14-b of part A of chapter 56 of the laws of 2014, is
29 amended to read as follows:
30 10. Notwithstanding any provision of law to the contrary, the govern-
31 ing board of a school district may, during the [two thousand fourteen--
32 two thousand fifteen] two thousand fifteen--two thousand sixteen school
33 year, authorize a withdrawal from this fund in an amount not to exceed
34 the lesser of: (a) the dollar value of excess funding in the fund as
35 determined by the comptroller pursuant to section thirty-three of this
36 chapter or (b) the amount of the school district's remaining gap elimi-
37 nation adjustment as calculated by the commissioner of education pursu-
38 ant to subdivision seventeen of section thirty-six hundred two of the
39 education law. Funds withdrawn pursuant to this subdivision may only be
40 used for the purpose of maintaining educational programming during the
41 [two thousand fourteen--two thousand fifteen] two thousand fifteen--two
42 thousand sixteen school year which otherwise would have been reduced as
43 a result of such gap elimination adjustment. Governing boards which make
44 such a withdrawal shall submit, in a form prescribed by the commissioner
45 of education, relevant information about the withdrawal, which shall
46 include but not be limited to, the amount of such withdrawal, the date
47 of withdrawal, and the use of such withdrawn funds.
48 § 27. The amounts specified in this section shall be a set aside from
49 the state funds which each such district is receiving from the total
50 foundation aid: for the purpose of the development, maintenance or
51 expansion of magnet schools or magnet school programs for the 2015--2016
52 school year. To the city school district of the city of New York there
53 shall be paid forty-eight million one hundred seventy-five thousand
54 dollars ($48,175,000) including five hundred thousand dollars ($500,000)
55 for the Andrew Jackson High School; to the Buffalo city school district,
56 twenty-one million twenty-five thousand dollars ($21,025,000); to the
A. 6006 35
1 Rochester city school district, fifteen million dollars ($15,000,000);
2 to the Syracuse city school district, thirteen million dollars
3 ($13,000,000); to the Yonkers city school district, forty-nine million
4 five hundred thousand dollars ($49,500,000); to the Newburgh city school
5 district, four million six hundred forty-five thousand dollars
6 ($4,645,000); to the Poughkeepsie city school district, two million four
7 hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
8 city school district, two million dollars ($2,000,000); to the New
9 Rochelle city school district, one million four hundred ten thousand
10 dollars ($1,410,000); to the Schenectady city school district, one
11 million eight hundred thousand dollars ($1,800,000); to the Port Chester
12 city school district, one million one hundred fifty thousand dollars
13 ($1,150,000); to the White Plains city school district, nine hundred
14 thousand dollars ($900,000); to the Niagara Falls city school district,
15 six hundred thousand dollars ($600,000); to the Albany city school
16 district, three million five hundred fifty thousand dollars
17 ($3,550,000); to the Utica city school district, two million dollars
18 ($2,000,000); to the Beacon city school district, five hundred sixty-six
19 thousand dollars ($566,000); to the Middletown city school district,
20 four hundred thousand dollars ($400,000); to the Freeport union free
21 school district, four hundred thousand dollars ($400,000); to the Green-
22 burgh central school district, three hundred thousand dollars
23 ($300,000); to the Amsterdam city school district, eight hundred thou-
24 sand dollars ($800,000); to the Peekskill city school district, two
25 hundred thousand dollars ($200,000); and to the Hudson city school
26 district, four hundred thousand dollars ($400,000). Notwithstanding the
27 provisions of this section, a school district receiving a grant pursuant
28 to this section may use such grant funds for: (i) any instructional or
29 instructional support costs associated with the operation of a magnet
30 school; or (ii) any instructional or instructional support costs associ-
31 ated with implementation of an alternative approach to reduction of
32 racial isolation and/or enhancement of the instructional program and
33 raising of standards in elementary and secondary schools of school
34 districts having substantial concentrations of minority students. The
35 commissioner of education shall not be authorized to withhold magnet
36 grant funds from a school district that used such funds in accordance
37 with this paragraph, notwithstanding any inconsistency with a request
38 for proposals issued by such commissioner. For the purpose of attendance
39 improvement and dropout prevention for the 2015--2016 school year, for
40 any city school district in a city having a population of more than one
41 million, the setaside for attendance improvement and dropout prevention
42 shall equal the amount set aside in the base year. For the 2015--2016
43 school year, it is further provided that any city school district in a
44 city having a population of more than one million shall allocate at
45 least one-third of any increase from base year levels in funds set aside
46 pursuant to the requirements of this subdivision to community-based
47 organizations. Any increase required pursuant to this subdivision to
48 community-based organizations must be in addition to allocations
49 provided to community-based organizations in the base year. For the
50 purpose of teacher support for the 2015--2016 school year: to the city
51 school district of the city of New York, sixty-two million seven hundred
52 seven thousand dollars ($62,707,000); to the Buffalo city school
53 district, one million seven hundred forty-one thousand dollars
54 ($1,741,000); to the Rochester city school district, one million seven-
55 ty-six thousand dollars ($1,076,000); to the Yonkers city school
56 district, one million one hundred forty-seven thousand dollars
A. 6006 36
1 ($1,147,000); and to the Syracuse city school district, eight hundred
2 nine thousand dollars ($809,000). All funds made available to a school
3 district pursuant to this section shall be distributed among teachers
4 including prekindergarten teachers and teachers of adult vocational and
5 academic subjects in accordance with this section and shall be in addi-
6 tion to salaries heretofore or hereafter negotiated or made available;
7 provided, however, that all funds distributed pursuant to this section
8 for the current year shall be deemed to incorporate all funds distrib-
9 uted pursuant to former subdivision 27 of section 3602 of the education
10 law for prior years. In school districts where the teachers are repres-
11 ented by certified or recognized employee organizations, all salary
12 increases funded pursuant to this section shall be determined by sepa-
13 rate collective negotiations conducted pursuant to the provisions and
14 procedures of article 14 of the civil service law, notwithstanding the
15 existence of a negotiated agreement between a school district and a
16 certified or recognized employee organization.
17 § 28. Support of public libraries. The moneys appropriated for the
18 support of public libraries by a chapter of the laws of 2015 enacting
19 the aid to localities budget shall be apportioned for the 2015-2016
20 state fiscal year in accordance with the provisions of sections 271,
21 272, 273, 282, 284, and 285 of the education law as amended by the
22 provisions of this chapter and the provisions of this section, provided
23 that library construction aid pursuant to section 273-a of the educa-
24 tion law shall not be payable from the appropriations for the support of
25 public libraries and provided further that no library, library system or
26 program, as defined by the commissioner of education, shall receive less
27 total system or program aid than it received for the year 2001-2002
28 except as a result of a reduction adjustment necessary to conform to the
29 appropriations for support of public libraries.
30 Notwithstanding any other provision of law to the contrary the moneys
31 appropriated for the support of public libraries for the year 2015-2016
32 by a chapter of the laws of 2015 enacting the education, labor and fami-
33 ly assistance budget shall fulfill the state's obligation to provide
34 such aid and, pursuant to a plan developed by the commissioner of educa-
35 tion and approved by the director of the budget, the aid payable to
36 libraries and library systems pursuant to such appropriations shall be
37 reduced proportionately to assure that the total amount of aid payable
38 does not exceed the total appropriations for such purpose.
39 § 28-a. Subdivision 3 of section 4204-b of the education law, as
40 amended by section 12-b of part A of chapter 57 of the laws of 2012, is
41 amended to read as follows:
42 3. The state comptroller may deduct from any state funds which become
43 due to a school district for each year in which such child was in
44 attendance at such institution or facility an amount equal to the
45 reimbursement required to be made by such school district in accordance
46 with this section, and the amount so deducted shall not be included in
47 the operating expense of such district for the purposes of computing the
48 [apportionment for] approved operating expense [aid] pursuant to para-
49 graph t of subdivision [eleven] one of section thirty-six hundred two of
50 this chapter.
51 § 29. Severability. The provisions of this act shall be severable, and
52 if the application of any clause, sentence, paragraph, subdivision,
53 section or part of this act to any person or circumstance shall be
54 adjudged by any court of competent jurisdiction to be invalid, such
55 judgment shall not necessarily affect, impair or invalidate the applica-
56 tion of any such clause, sentence, paragraph, subdivision, section, part
A. 6006 37
1 of this act or remainder thereof, as the case may be, to any other
2 person or circumstance, but shall be confined in its operation to the
3 clause, sentence, paragraph, subdivision, section or part thereof
4 directly involved in the controversy in which such judgment shall have
5 been rendered.
6 § 30. This act shall take effect immediately, and shall be deemed to
7 have been in full force and effect on and after April 1, 2015, provided,
8 however, that:
9 1. Sections eight, eight-b, nine, thirteen, fourteen, twenty-two,
10 twenty-six and twenty-seven of this act shall take effect July 1, 2015.
11 2. Sections seven and twelve of this act shall take effect April 1,
12 2014.
13 3. Section six of this act shall take effect July 1, 2014.
14 4. Section eleven of this act shall take effect April 1, 2016 and
15 shall first apply to reimbursement for services and programs provided
16 pursuant to section 4410 of the education law in the 2016-17 school
17 year.
18 4-a. The amendments to paragraph b-1 of section 3602 of the education
19 law made by section five-b of this act shall be subject to the expira-
20 tion and reversion of such paragraph pursuant to section 13 of part A of
21 chapter 97 of the laws of 2011, when upon such date the provisions of
22 section five-c of this act shall take effect.
23 5. The amendments to chapter 756 of the laws of 1992, relating to
24 funding a program for work force education conducted by a consortium for
25 worker education in New York City, made by sections thirteen and four-
26 teen of this act shall not affect the repeal of such chapter and shall
27 be deemed repealed therewith.
28 6. Section seventeen of this act shall take effect immediately and
29 shall be deemed to have been in full force and effect on and after the
30 effective date of section 140 of chapter 82 of the laws of 1995.
31 PART B
32 Intentionally Omitted
33 PART C
34 Section 1. The education law is amended by adding a new section 679-g
35 to read as follows:
36 § 679-g. New York state get on your feet loan forgiveness program. 1.
37 Purpose. The president shall grant student loan forgiveness awards for
38 the purpose of alleviating the burden of federal student loan debt for
39 recent New York state college graduates.
40 2. Eligibility. To be eligible for an award pursuant to this section,
41 an applicant shall: (a) have graduated from a high school located in New
42 York state or attended an approved New York state program for a state
43 high school equivalency diploma and received such high school equivalen-
44 cy diploma; (b) have graduated and obtained an undergraduate degree from
45 a college or university with its headquarters located in New York state
46 in or after the two thousand fourteen--fifteen academic year; (c) apply
47 for this program within two years of college graduation; provided that
48 an applicant who enrolls in a graduate or higher degree program or other
49 professional licensure degree program immediately following college
50 graduation shall apply for this program within two years of completing
51 such degree program; (d) be a participant in a federal income-driven
A. 6006 38
1 repayment plan whose payment amount is generally ten percent of discre-
2 tionary income; (e) have income of less than fifty thousand dollars; (f)
3 be a resident of New York state; and (g) work in New York state, if
4 employed. For purposes of this program, "income" shall be the total
5 adjusted gross income of the applicant.
6 3. Awards. An applicant whose annual income is less than fifty thou-
7 sand dollars shall be eligible to receive an award equal to one hundred
8 percent of his or her monthly federal income-driven repayment plan
9 payments for a period of twenty-four months of repayment under the
10 federal program. Provided, however, that awards granted under this
11 section shall be deferred for an applicant who has been granted a defer-
12 ment or forbearance under the federal income-driven repayment plan. Upon
13 completion of such deferment or forbearance period, such applicant shall
14 be eligible to receive an award for the remaining time period under this
15 subdivision.
16 4. Rules and regulations. The corporation is authorized to promulgate
17 rules and regulations, and may promulgate emergency regulations neces-
18 sary for the implementation of the provisions of this section.
19 § 2. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2015.
21 PART D
22 Section 1. This act shall be known and may be cited as the "New York
23 state DREAM Act".
24 § 2. The education law is amended by adding a new section 609 to read
25 as follows:
26 § 609. New York DREAM fund commission. 1. (a) There shall be created
27 a New York DREAM fund commission which shall be committed to advancing
28 the educational opportunities of the children of immigrants.
29 (b) The New York DREAM fund commission shall be composed of twelve
30 members to be appointed as follows:
31 (i) Four members shall be appointed by the governor;
32 (ii) Three members shall be appointed by the temporary president of
33 the senate;
34 (iii) Three members shall be appointed by the speaker of the assembly;
35 (iv) One member shall be appointed by the minority leader of the
36 senate;
37 (v) One member shall be appointed by the minority leader of the assem-
38 bly;
39 (c) To the extent practicable, members of such commission shall
40 reflect the racial, ethnic, gender, language, and geographic diversity
41 of the state.
42 (d) To the extent practicable, members of such commission shall
43 include college and university administrators and faculty, and other
44 individuals committed to advancing the educational opportunities of the
45 children of immigrants.
46 (e) Members of the New York DREAM fund commission shall receive no
47 compensation for their services.
48 2. (a) The New York DREAM fund commission shall have the power to:
49 (i) Administer the provisions of this section;
50 (ii) Create and raise funds for the New York DREAM fund;
51 (iii) Establish a not-for-profit entity charged with the responsibil-
52 ity of raising funds for the administration of this section and any
53 educational or training programs such commission is tasked with adminis-
A. 6006 39
1 trating and funding scholarships to students who are children of immi-
2 grants to the United States;
3 (iv) Publicize the availability of such scholarships from the New York
4 DREAM fund;
5 (v) Develop criteria and a selection process for the recipients of
6 scholarships from the New York DREAM fund;
7 (vi) Research issues pertaining to the availability of assistance with
8 the costs of higher education for the children of immigrants and other
9 issues regarding access for and the performance of the children of immi-
10 grants within higher education;
11 (vii) Establish, publicize, and administer training programs for high
12 school counselors, admissions officers, and financial aid officers of
13 institutions of higher education. The training programs shall instruct
14 participants on the educational opportunities available to college-bound
15 students who are the children of immigrants, including, but not limited
16 to, in-state tuition and scholarship programs. To the extent practica-
17 ble, the New York DREAM fund commission shall offer the training program
18 to school districts and boards of cooperative educational services
19 throughout the state, provided however, that priority shall be given to
20 school districts and boards of cooperative educational services with
21 larger number of students who are the children of immigrants over school
22 districts and boards of cooperative educational services with lesser
23 number of students who are the children of immigrants;
24 (viii) Establish a public awareness campaign regarding educational
25 opportunities available to college bound students who are the children
26 of immigrants; and
27 (ix) Establish, by rule, procedures for accepting and evaluating
28 applications for scholarships from the children of immigrants and issu-
29 ing scholarships to selected student applicants;
30 (b) To receive a scholarship pursuant to this section, a student
31 applicant must meet the following qualifications:
32 (i) Have resided with his or her parents or guardians while attending
33 a public or private high school in this state;
34 (ii) Have graduated from a public or private high school or received
35 the equivalent of a high school diploma in this state;
36 (iii) Have attended a public or private high school in this state for
37 at least two years as of the date he or she graduated from high school
38 or received the equivalent of a high school diploma;
39 (iv) Have at least one parent or guardian who immigrated to the United
40 States.
41 (c) The New York DREAM fund commission and the New York DREAM fund
42 shall be funded entirely by private contributions and no state funds
43 shall be appropriated to or used by the New York DREAM fund. No funds
44 of the New York DREAM fund or the New York DREAM fund commission shall
45 be transferred to the general fund or any special revenue fund or shall
46 be used for any purpose other than the purposes set forth in this
47 section.
48 3. The New York DREAM fund commission and the New York DREAM fund
49 shall be subject to the provisions of articles six and seven and section
50 seventy-four of the public officers law.
51 § 3. Subdivision 3 of section 661 of the education law is REPEALED.
52 § 4. Paragraph a of subdivision 5 of section 661 of the education law,
53 as amended by chapter 466 of the laws of 1977, is amended to read as
54 follows:
55 a. (i) Except as provided in subdivision two of section six hundred
56 seventy-four of this part and subparagraph (ii) of this paragraph, an
A. 6006 40
1 applicant for an award at the undergraduate level of study must either
2 [(i)] (a) have been a legal resident of the state for at least one year
3 immediately preceding the beginning of the semester, quarter or term of
4 attendance for which application for assistance is made, or [(ii)] (b)
5 be a legal resident of the state and have been a legal resident during
6 his last two semesters of high school either prior to graduation, or
7 prior to admission to college. Provided further that persons shall be
8 eligible to receive awards under section six hundred sixty-eight or
9 section six hundred sixty-nine of this part who are currently legal
10 residents of the state and are otherwise qualified.
11 (ii) An applicant who is not a legal resident of the state eligible
12 pursuant to subparagraph (i) of this paragraph, but is a United States
13 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
14 applicant without lawful immigration status shall be eligible for an
15 award at the undergraduate level of study provided that the student:
16 (a) attended a registered New York state high school for two or more
17 years, graduated from a registered New York state high school and
18 applied for attendance at the institution of higher education for the
19 undergraduate study for which an award is sought within five years of
20 receiving a New York state high school diploma; or
21 (b) attended an approved New York state program for a state high
22 school equivalency diploma, received a state high school equivalency
23 diploma and applied for attendance at the institution of higher educa-
24 tion for the undergraduate study for which an award is sought within
25 five years of receiving a state high school equivalency diploma; or
26 (c) is otherwise eligible for the payment of tuition and fees at a
27 rate no greater than that imposed for resident students of the state
28 university of New York, the city university of New York or community
29 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
30 sion two of section three hundred fifty-five or paragraph (a) of subdi-
31 vision seven of section sixty-two hundred six of this chapter.
32 Provided, further, that a student without lawful immigration status
33 shall also be required to file an affidavit with such institution of
34 higher education stating that the student has filed an application to
35 legalize his or her immigration status, or will file such an application
36 as soon as he or she is eligible to do so.
37 § 5. Paragraph b of subdivision 5 of section 661 of the education law,
38 as amended by chapter 466 of the laws of 1977, is amended to read as
39 follows:
40 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
41 paragraph, an applicant for an award at the graduate level of study must
42 either [(i)] (a) have been a legal resident of the state for at least
43 one year immediately preceding the beginning of the semester, quarter or
44 term of attendance for which application for assistance is made, or
45 [(ii)] (b) be a legal resident of the state and have been a legal resi-
46 dent during his last academic year of undergraduate study and have
47 continued to be a legal resident until matriculation in the graduate
48 program.
49 (ii) An applicant who is not a legal resident of the state eligible
50 pursuant to subparagraph (i) of this paragraph, but is a United States
51 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
52 applicant without lawful immigration status shall be eligible for an
53 award at the undergraduate level of study provided that the student:
54 (a) attended a registered approved New York state high school for two
55 or more years, graduated from a registered New York state high school
56 and applied for attendance at the institution of higher education for
A. 6006 41
1 the graduate study for which an award is sought within ten years of
2 receiving a New York state high school diploma; or
3 (b) attended an approved New York state program for a state high
4 school equivalency diploma, received a state high school equivalency
5 diploma and applied for attendance at the institution of higher educa-
6 tion for the graduate study for which an award is sought within ten
7 years of receiving a state high school equivalency diploma; or
8 (c) is otherwise eligible for the payment of tuition and fees at a
9 rate no greater than that imposed for resident students of the state
10 university of New York, the city university of New York or community
11 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
12 sion two of section three hundred fifty-five or paragraph (a) of subdi-
13 vision seven of section sixty-two hundred six of this chapter.
14 Provided, further, that a student without lawful immigration status
15 shall also be required to file an affidavit with such institution of
16 higher education stating that the student has filed an application to
17 legalize his or her immigration status, or will file such an application
18 as soon as he or she is eligible to do so.
19 § 6. Paragraph d of subdivision 5 of section 661 of the education law,
20 as amended by chapter 844 of the laws of 1975, is amended to read as
21 follows:
22 d. If an applicant for an award allocated on a geographic basis has
23 more than one residence in this state, his or her residence for the
24 purpose of this article shall be his or her place of actual residence
25 during the major part of the year while attending school, as determined
26 by the commissioner; and further provided that an applicant who does not
27 have a residence in this state and is eligible for an award pursuant to
28 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of
29 this subdivision shall be deemed to reside in the geographic area of the
30 institution of higher education in which he or she attends for purposes
31 of an award allocated on a geographic basis.
32 § 7. Paragraph e of subdivision 5 of section 661 of the education law,
33 as added by chapter 630 of the laws of 2005, is amended to read as
34 follows:
35 e. Notwithstanding any other provision of this article to the contra-
36 ry, the New York state [residency] eligibility [requirement] require-
37 ments for receipt of awards [is] set forth in paragraphs a and b of this
38 subdivision are waived for a member, or the spouse or dependent of a
39 member, of the armed forces of the United States on full-time active
40 duty and stationed in this state.
41 § 8. Paragraph h of subdivision 2 of section 355 of the education law
42 is amended by adding a new subparagraph 10 to read as follows:
43 (10) Such regulations shall further provide that any student who is
44 not a legal resident of New York state but is a United States citizen, a
45 permanent lawful resident, a lawful non-immigrant alien or an applicant
46 without lawful immigration status may have the payment of tuition and
47 other fees and charges reduced by state-aided programs, scholarships or
48 other financial assistance awarded under the provisions of articles
49 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
50 that the student meets the requirements set forth in subparagraph (ii)
51 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
52 of section six hundred sixty-one of this chapter, as applicable.
53 § 9. Subdivision 7 of section 6206 of the education law is amended by
54 adding a new paragraph (d) to read as follows:
55 (d) The trustees shall further provide that any student who is not a
56 legal resident of New York state but is a United States citizen, a
A. 6006 42
1 permanent lawful resident, a lawful non-immigrant alien or an applicant
2 without lawful immigration status may have the payment of tuition and
3 other fees and charges reduced by state-aided programs, scholarships or
4 other financial assistance awarded under the provisions of articles
5 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
6 that the student meets the requirements set forth in subparagraph (ii)
7 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
8 of section six hundred sixty-one of this chapter, as applicable.
9 § 10. Section 6305 of the education law is amended by adding a new
10 subdivision 8-a to read as follows:
11 8-a. The payment of tuition and other fees and charges of a student
12 who is attending a community college and who is not a legal resident of
13 New York state but is a United States citizen, a permanent lawful resi-
14 dent, a lawful non-immigrant alien or an applicant without lawful immi-
15 gration status may be reduced by state-aided programs, scholarships and
16 other financial assistance awarded under the provisions of articles
17 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
18 that the student meets the requirements set forth in subparagraph (ii)
19 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
20 of section six hundred sixty-one of this chapter, as applicable.
21 § 11. Paragraph d of subdivision 3 of section 6451 of the education
22 law, as amended by chapter 149 of the laws of 1972, is amended to read
23 as follows:
24 d. Any necessary supplemental financial assistance, which may include
25 the cost of books and necessary maintenance for such enrolled students,
26 including students without lawful immigration status provided that the
27 student meets the requirements set forth in subparagraph (ii) of para-
28 graph a or subparagraph (ii) of paragraph b of subdivision five of
29 section six hundred sixty-one of this chapter, as applicable; provided,
30 however, that such supplemental financial assistance shall be furnished
31 pursuant to criteria promulgated by the commissioner with the approval
32 of the director of the budget.
33 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
34 of the education law, as added by chapter 917 of the laws of 1970, is
35 amended to read as follows:
36 (v) Any necessary supplemental financial assistance, which may include
37 the cost of books and necessary maintenance for such students, including
38 students without lawful immigration status provided that the student
39 meets the requirements set forth in subparagraph (ii) of paragraph a or
40 subparagraph (ii) of paragraph b of subdivision five of section six
41 hundred sixty-one of this chapter, as applicable; provided, however,
42 that such supplemental financial assistance shall be furnished pursuant
43 to criteria promulgated by such universities and approved by the regents
44 and the director of the budget.
45 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education
46 law, as added by chapter 285 of the laws of 1986, is amended to read as
47 follows:
48 (a) (i) Undergraduate science and technology entry program moneys may
49 be used for tutoring, counseling, remedial and special summer courses,
50 supplemental financial assistance, program administration, and other
51 activities which the commissioner may deem appropriate. To be eligible
52 for undergraduate collegiate science and technology entry program
53 support, a student must be a resident of New York [who is], or meet the
54 requirements of subparagraph (ii) of this paragraph, and must be either
55 economically disadvantaged or from a minority group historically under
56 represented in the scientific, technical, health and health-related
A. 6006 43
1 professions, and [who demonstrates] must demonstrate interest in and a
2 potential for a professional career if provided special services. Eligi-
3 ble students must be in good academic standing, enrolled full time in an
4 approved, undergraduate level program of study, as defined by the
5 regents.
6 (ii) An applicant who is not a legal resident of New York state, but
7 who is a United States citizen, a permanent lawful resident, a lawful
8 non-immigrant alien or an applicant without lawful immigration status,
9 shall be eligible for an award at the undergraduate level of study
10 provided that the student:
11 (1) attended a registered New York state high school for two or more
12 years, graduated from a registered New York state high school and
13 applied for attendance at the institution of higher education for the
14 undergraduate study for which an award is sought within five years of
15 receiving a New York state high school diploma; or
16 (2) attended an approved New York state program for a state high
17 school equivalency diploma, received a state high school equivalency
18 diploma and applied for attendance at the institution of higher educa-
19 tion for the undergraduate study for which an award is sought within
20 five years of receiving a state high school equivalency diploma,
21 attended an approved New York state high school for two or more years,
22 graduated from an approved New York state high school and applied for
23 attendance at an institution of higher education within five years of
24 receiving a New York state high school diploma; or
25 (3) is otherwise eligible for the payment of tuition and fees at a
26 rate no greater than that imposed for resident students of the state
27 university of New York, the city university of New York or community
28 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
29 sion two of section three hundred fifty-five or paragraph (a) of subdi-
30 vision seven of section sixty-two hundred six of this chapter.
31 Provided, further, that a student without lawful immigration status
32 shall also be required to file an affidavit with such institution of
33 higher education stating that the student has filed an application to
34 legalize his or her immigration status, or will file such an application
35 as soon as he or she is eligible to do so.
36 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education
37 law, as added by chapter 285 of the laws of 1986, is amended to read as
38 follows:
39 (a) (i) Graduate science and technology entry program moneys may be
40 used for recruitment, academic enrichment, career planning, supplemental
41 financial assistance, review for licensing examinations, program admin-
42 istration, and other activities which the commissioner may deem appro-
43 priate. To be eligible for graduate collegiate science and technology
44 entry program support, a student must be a resident of New York [who
45 is], or meet the requirements of subparagraph (ii) of this paragraph,
46 and must be either economically disadvantaged or from a minority group
47 historically underrepresented in the scientific, technical and health-
48 related professions. Eligible students must be in good academic stand-
49 ing, enrolled full time in an approved graduate level program, as
50 defined by the regents.
51 (ii) An applicant who is not a legal resident of New York state, but
52 either is a United States citizen, a permanent lawful resident, a lawful
53 non-immigrant alien or an applicant without lawful immigration status
54 shall be eligible for an award at the undergraduate level of study
55 provided that the student:
A. 6006 44
1 (1) attended a registered approved New York state high school for two
2 or more years, graduated from a registered New York state high school
3 and applied for attendance at the institution of higher education for
4 the graduate study for which an award is sought within ten years of
5 receiving a New York state high school diploma; or
6 (2) attended an approved New York state program for a state high
7 school equivalency diploma, received a state high school equivalency
8 diploma and applied for attendance at the institution of higher educa-
9 tion for the graduate study for which an award is sought within ten
10 years of receiving a state high school equivalency diploma; or
11 (3) is otherwise eligible for the payment of tuition and fees at a
12 rate no greater than that imposed for resident students of the state
13 university of New York, the city university of New York or community
14 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
15 sion two of section three hundred fifty-five or paragraph (a) of subdi-
16 vision seven of section sixty-two hundred six of this chapter.
17 Provided, further, that a student without lawful immigration status
18 shall also be required to file an affidavit with such institution of
19 higher education stating that the student has filed an application to
20 legalize his or her immigration status, or will file such an application
21 as soon as he or she is eligible to do so.
22 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section
23 695-e of the education law, as amended by chapter 593 of the laws of
24 2003, is amended to read as follows:
25 (i) the name, address and social security number [or], employer iden-
26 tification number, or individual taxpayer identification number of the
27 account owner unless a family tuition account that was in effect prior
28 to the effective date of the chapter of the laws of two thousand fifteen
29 that amended this subparagraph does not allow for a taxpayer identifica-
30 tion number, in which case a taxpayer identification number shall be
31 allowed upon the expiration of the contract;
32 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section
33 695-e of the education law, as amended by chapter 593 of the laws of
34 2003, is amended to read as follows:
35 (iii) the name, address, and social security number, employer iden-
36 tification number, or individual taxpayer identification number of the
37 designated beneficiary, unless a family tuition account that was in
38 effect prior to the effective date of the chapter of the laws of two
39 thousand fifteen that amended this subparagraph does not allow for a
40 taxpayer identification number, in which case a taxpayer identification
41 number shall be allowed upon the expiration of the contract; and
42 § 17. The president of the higher education services corporation, in
43 consultation with the commissioner of education, shall establish an
44 application form and procedures that shall allow a student applicant
45 that meets the requirements set forth in subparagraph (ii) of paragraph
46 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
47 of the education law to apply directly to the higher education services
48 corporation or education department for applicable awards without having
49 to submit information to any other state or federal agency. All informa-
50 tion contained within the applications filed with such corporation or
51 department shall be deemed confidential.
52 § 18. This act shall take effect immediately; provided, however, that:
53 (a) section two of this act shall take effect January 1, 2016;
54 (b) sections fifteen and sixteen of this act shall take effect on the
55 ninetieth day after it shall have become a law; provided, however, that
56 any rule or regulation necessary for the timely implementation of this
A. 6006 45
1 act on its effective date shall be promulgated on or before such effec-
2 tive date; and
3 (c) sections three through fourteen and section seventeen of this act
4 shall take effect on the ninetieth day after the issuance of regulations
5 and the development of an application form by the president of the high-
6 er education services corporation and commissioner of education or on
7 the ninetieth day after it shall have become a law, whichever shall be
8 later; provided, however that effective immediately the addition, amend-
9 ment and/or repeal of any rule or regulation necessary for the implemen-
10 tation of this act on its effective date is authorized and directed to
11 be made and completed on or before such date; provided, further, howev-
12 er, that the president of the higher education services corporation and
13 the commissioner of education shall notify the legislative bill drafting
14 commission upon the occurrence of the issuance of the regulations and
15 the development of an application form in order that the commission may
16 maintain an accurate and timely effective data base of the official text
17 of the laws of the state of New York in furtherance of effectuating the
18 provisions of section 44 of the legislative law and section 70-b of the
19 public officers law.
20 PART E
21 Intentionally Omitted
22 PART F
23 Section 1. The banking law is amended by adding a new section 9-w to
24 read as follows:
25 § 9-w. Standard financial aid award letter. The superintendent of
26 financial services in consultation with the president of the higher
27 education services corporation shall develop a standard financial aid
28 award letter which shall clearly delineate (a) the estimated cost of
29 attendance, including but not limited to, the cost of tuition and fees,
30 room and board, books, and transportation. Such standard letter shall
31 provide the estimated cost of attendance for the current academic year
32 as well as each academic year that the student would need to attend to
33 earn a degree at such institution, (b) all financial aid offered from
34 the federal government, the state, and the institution, with an explana-
35 tion as to which components will require repayment, (c) any expected
36 student and/or family contribution, (d) campus-specific graduation,
37 median borrowing, and loan default rates, and (e) any other information
38 as determined by the superintendent in consultation with the president.
39 Such standard letter shall include a glossary of standard terms and
40 definitions used on such standard letter. The superintendent shall
41 publish and make available such standard letter by December thirty-
42 first, two thousand fifteen and thereafter. Each college, vocational
43 institution, and any other institution that offers an approved program
44 as defined in section six hundred one of the education law shall utilize
45 the standard letter issued by the department of financial services in
46 responding to all financial aid applicants for the two thousand
47 sixteen--two thousand seventeen academic year and thereafter. The super-
48 intendent shall promulgate regulations implementing this section.
49 § 2. This act shall take effect immediately and shall be deemed to
50 have been in full force and effect on and after April 1, 2015.
A. 6006 46
1 PART G
2 Intentionally Omitted
3 PART H
4 Intentionally Omitted
5 PART I
6 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
7 section 131-o of the social services law, as amended by section 1 of
8 part E of chapter 58 of the laws of 2014, are amended to read as
9 follows:
10 (a) in the case of each individual receiving family care, an amount
11 equal to at least [$139.00] $141.00 for each month beginning on or after
12 January first, two thousand [fourteen] fifteen.
13 (b) in the case of each individual receiving residential care, an
14 amount equal to at least [$160.00] $163.00 for each month beginning on
15 or after January first, two thousand [fourteen] fifteen.
16 (c) in the case of each individual receiving enhanced residential
17 care, an amount equal to at least [$190.00] $193.00 for each month
18 beginning on or after January first, two thousand [fourteen] fifteen.
19 (d) for the period commencing January first, two thousand [fifteen]
20 sixteen, the monthly personal needs allowance shall be an amount equal
21 to the sum of the amounts set forth in subparagraphs one and two of this
22 paragraph:
23 (1) the amounts specified in paragraphs (a), (b) and (c) of this
24 subdivision; and
25 (2) the amount in subparagraph one of this paragraph, multiplied by
26 the percentage of any federal supplemental security income cost of
27 living adjustment which becomes effective on or after January first, two
28 thousand [fifteen] sixteen, but prior to June thirtieth, two thousand
29 [fifteen] sixteen, rounded to the nearest whole dollar.
30 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
31 section 209 of the social services law, as amended by section 2 of part
32 E of chapter 58 of the laws of 2014, are amended to read as follows:
33 (a) On and after January first, two thousand [fourteen] fifteen, for
34 an eligible individual living alone, [$808.00] $820.00; and for an
35 eligible couple living alone, [$1186.00] $1204.00.
36 (b) On and after January first, two thousand [fourteen] fifteen, for
37 an eligible individual living with others with or without in-kind
38 income, [$744.00] $756.00; and for an eligible couple living with others
39 with or without in-kind income, [$1128.00] $1146.00.
40 (c) On and after January first, two thousand [fourteen] fifteen, (i)
41 for an eligible individual receiving family care, [$987.48] $999.48 if
42 he or she is receiving such care in the city of New York or the county
43 of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
44 couple receiving family care in the city of New York or the county of
45 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
46 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
47 ual receiving such care in any other county in the state, [$949.48]
48 $961.48; and (iv) for an eligible couple receiving such care in any
A. 6006 47
1 other county in the state, two times the amount set forth in subpara-
2 graph (iii) of this paragraph.
3 (d) On and after January first, two thousand [fourteen] fifteen, (i)
4 for an eligible individual receiving residential care, [$1156.00]
5 $1168.00 if he or she is receiving such care in the city of New York or
6 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
7 eligible couple receiving residential care in the city of New York or
8 the county of Nassau, Suffolk, Westchester or Rockland, two times the
9 amount set forth in subparagraph (i) of this paragraph; or (iii) for an
10 eligible individual receiving such care in any other county in the
11 state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving
12 such care in any other county in the state, two times the amount set
13 forth in subparagraph (iii) of this paragraph.
14 (e) (i) On and after January first, two thousand [fourteen] fifteen,
15 for an eligible individual receiving enhanced residential care,
16 [$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced
17 residential care, two times the amount set forth in subparagraph (i) of
18 this paragraph.
19 (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
20 vision shall be increased to reflect any increases in federal supple-
21 mental security income benefits for individuals or couples which become
22 effective on or after January first, two thousand [fifteen] sixteen but
23 prior to June thirtieth, two thousand [fifteen] sixteen.
24 § 3. This act shall take effect December 31, 2015.
25 PART J
26 Section 1. The opening paragraph of subdivision (b) of section 117 of
27 the family court act, as amended by chapter 7 of the laws of 2007, is
28 amended to read as follows:
29 For every juvenile delinquency proceeding under article three of this
30 act involving an allegation of an act committed by a person which, if
31 done by an adult, would [be a crime (i) defined in sections 125.27
32 (murder in the first degree); 125.25 (murder in the second degree);
33 135.25 (kidnapping in the first degree); or 150.20 (arson in the first
34 degree) of the penal law committed by a person thirteen, fourteen or
35 fifteen years of age; or such conduct committed as a sexually motivated
36 felony, where authorized pursuant to section 130.91 of the penal law;
37 (ii) defined in sections 120.10 (assault in the first degree); 125.20
38 (manslaughter in the first degree); 130.35 (rape in the first degree);
39 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in
40 the second degree), but only where the abduction involved the use or
41 threat of use of deadly physical force; 150.15 (arson in the second
42 degree); or 160.15 (robbery in the first degree) of the penal law
43 committed by a person thirteen, fourteen or fifteen years of age; or
44 such conduct committed as a sexually motivated felony, where authorized
45 pursuant to section 130.91 of the penal law; (iii) defined in the penal
46 law as an attempt to commit murder in the first or second degree or
47 kidnapping in the first degree committed by a person thirteen, fourteen
48 or fifteen years of age; or such conduct committed as a sexually moti-
49 vated felony, where authorized pursuant to section 130.91 of the penal
50 law; (iv) defined in section 140.30 (burglary in the first degree);
51 subdivision one of section 140.25 (burglary in the second degree);
52 subdivision two of section 160.10 (robbery in the second degree) of the
53 penal law; or section 265.03 of the penal law, where such machine gun or
54 such firearm is possessed on school grounds, as that phrase is defined
A. 6006 48
1 in subdivision fourteen of section 220.00 of the penal law committed by
2 a person fourteen or fifteen years of age; or such conduct committed as
3 a sexually motivated felony, where authorized pursuant to section 130.91
4 of the penal law; (v) defined in section 120.05 (assault in the second
5 degree) or 160.10 (robbery in the second degree) of the penal law
6 committed by a person fourteen or fifteen years of age but only where
7 there has been a prior finding by a court that such person has previous-
8 ly committed an act which, if committed by an adult, would be the crime
9 of assault in the second degree, robbery in the second degree or any
10 designated felony act specified in clause (i), (ii) or (iii) of this
11 subdivision regardless of the age of such person at the time of the
12 commission of the prior act; or (vi) other than a misdemeanor, committed
13 by a person at least seven but less than sixteen years of age, but only
14 where there has been two prior findings by the court that such person
15 has committed a prior act which, if committed by an adult would be a
16 felony] constitute a designated felony act as defined in subdivision
17 eight of section 301.2 of such article:
18 § 2. Subdivision (a) of section 158 of the family court act is amended
19 to read as follows:
20 (a) The family court may place in protective custody a person under
21 [sixteen] eighteen years of age who is a material witness, as provided
22 by law.
23 § 3. Subdivision 1 of section 301.2 of the family court act, as added
24 by chapter 920 of the laws of 1982, is amended to read as follows:
25 1. "Juvenile delinquent" means a person [over seven and less than
26 sixteen years of age, who, having committed an act that would constitute
27 a crime if committed by an adult, (a) is not criminally responsible for
28 such conduct by reason of infancy, or (b) is the defendant in an action
29 ordered removed from a criminal court to the family court pursuant to
30 article seven hundred twenty-five of the criminal procedure law]:
31 (a) who is:
32 (i) ten or eleven years of age who committed an act that would consti-
33 tute a crime as defined in section 125.25 (murder in the second degree)
34 of the penal law if committed by an adult; or
35 (ii) at least twelve years of age and less than eighteen years of age
36 who committed an act that would constitute a crime if committed by an
37 adult; or
38 (iii) sixteen or seventeen years of age who committed an act that
39 would constitute disorderly conduct as defined in section 240.20 of the
40 penal law, harassment in the second degree as defined in section 240.26
41 of the penal law or paragraph (a) of subdivision 6 of section 65 of the
42 alcoholic beverage control law if committed by an adult. Provided,
43 however, that where such person has violated section 65-b(6)(a) of the
44 alcoholic beverage control law, he or she shall only be deemed to be a
45 juvenile delinquent for the purposes of imposing license sanctions in
46 accordance with subdivision four of section 352.2 of this article; and
47 (b) who:
48 (i) is not criminally responsible for such conduct by reason of infan-
49 cy;
50 (ii) is the defendant in an action based on such act that has been
51 ordered removed to the family court pursuant to article seven hundred
52 twenty-five of the criminal procedure law; or
53 (iii) could be, but is not, the defendant in an action against a
54 sixteen or seventeen year old authorized by subdivision forty-two of
55 section 1.20 of the criminal procedure law.
A. 6006 49
1 § 4. Subdivision 8 of section 301.2 of the family court act, as
2 amended by chapter 7 of the laws of 2007, is amended to read as follows:
3 8. "Designated felony act" means an act which, if done by an adult,
4 would be a crime: (i) defined in sections [125.27 (murder in the first
5 degree)]; 125.25 (murder in the second degree); 135.25 (kidnapping in
6 the first degree); or 150.20 (arson in the first degree) of the penal
7 law committed by a person thirteen, fourteen [or], fifteen, sixteen or
8 seventeen years of age; or such conduct committed as a sexually moti-
9 vated felony, where authorized pursuant to section 130.91 of the penal
10 law; (ii) defined in sections 120.10 (assault in the first degree);
11 125.20 (manslaughter in the first degree); 130.35 (rape in the first
12 degree); 130.50 (criminal sexual act in the first degree); 130.70
13 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
14 second degree) but only where the abduction involved the use or threat
15 of use of deadly physical force; 150.15 (arson in the second degree) or
16 160.15 (robbery in the first degree) of the penal law committed by a
17 person thirteen, fourteen [or], fifteen, sixteen or seventeen years of
18 age; or such conduct committed as a sexually motivated felony, where
19 authorized pursuant to section 130.91 of the penal law; (iii) defined in
20 the penal law as an attempt to commit murder in the first or second
21 degree or kidnapping in the first degree committed by a person thirteen,
22 fourteen [or], fifteen, sixteen or seventeen years of age; or such
23 conduct committed as a sexually motivated felony, where authorized
24 pursuant to section 130.91 of the penal law; (iv) defined in section
25 140.30 (burglary in the first degree); subdivision one of section 140.25
26 (burglary in the second degree); subdivision two of section 160.10
27 (robbery in the second degree) of the penal law; or section 265.03 of
28 the penal law, where such machine gun or such firearm is possessed on
29 school grounds, as that phrase is defined in subdivision fourteen of
30 section 220.00 of the penal law committed by a person fourteen [or]
31 fifteen, sixteen or seventeen years of age; or such conduct committed as
32 a sexually motivated felony, where authorized pursuant to section 130.91
33 of the penal law; (v) defined in section 120.05 (assault in the second
34 degree) or 160.10 (robbery in the second degree) of the penal law
35 committed by a person fourteen [or], fifteen, sixteen or seventeen years
36 of age but only where there has been a prior finding by a court that
37 such person has previously committed an act which, if committed by an
38 adult, would be the crime of assault in the second degree, robbery in
39 the second degree or any designated felony act specified in paragraph
40 (i), (ii), or (iii) of this subdivision regardless of the age of such
41 person at the time of the commission of the prior act; [or] (vi) other
42 than a misdemeanor committed by a person at least [seven] twelve but
43 less than [sixteen years of age,] eighteen years of age, but only where
44 there has been two prior findings by the court that such person has
45 committed a prior felony; or (vii) defined in section 490.25 (crime of
46 terrorism); 490.45 (criminal possession of a chemical weapon or biolog-
47 ical weapon in the first degree); 490.55 (criminal use of a chemical
48 weapon or biological weapon in the first degree); 490.50 (criminal use
49 of a chemical weapon or a biological weapon in the second degree); or
50 130.95 (predatory sexual assault) of the penal law committed by a person
51 sixteen or seventeen years old.
52 § 5. Section 304.1 of the family court act, as added by chapter 920 of
53 the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
54 1987, is amended to read as follows:
55 § 304.1. Detention. 1. A facility certified by the state [division for
56 youth] office of children and family services as a juvenile detention
A. 6006 50
1 facility must be operated in conformity with the regulations of the
2 state [division for youth and shall be subject to the visitation and
3 inspection of the state board of social welfare] office of children and
4 family services.
5 2. No child to whom the provisions of this article may apply shall be
6 detained in any prison, jail, lockup, or other place used for adults
7 convicted of crime or under arrest and charged with crime without the
8 approval of the state [division for youth] office of children and family
9 services in the case of each child and the statement of its reasons
10 therefor. The state [division for youth] office of children and family
11 services shall promulgate and publish the rules which it shall apply in
12 determining whether approval should be granted pursuant to this subdivi-
13 sion.
14 3. [The detention of a child under ten years of age in a secure
15 detention facility shall not be directed under any of the provisions of
16 this article.
17 4.] A detention facility which receives a child under subdivision four
18 of section 305.2 shall immediately notify the child's parent or other
19 person legally responsible for his or her care or, if such legally
20 responsible person is unavailable the person with whom the child
21 resides, that he or she has been placed in detention.
22 § 6. Subdivision 1 of section 305.1 of the family court act, as added
23 by chapter 920 of the laws of 1982, is amended to read as follows:
24 1. A private person may take a child [under the age of sixteen] who
25 may be subject to the provisions of this article for committing an act
26 that would be a crime if committed by an adult into custody in cases in
27 which [he] such private person may arrest an adult for a crime under
28 section 140.30 of the criminal procedure law.
29 § 7. Subdivision 2 of section 305.2 of the family court act, as added
30 by chapter 920 of the laws of 1982, is amended to read as follows:
31 2. An officer may take a child [under the age of sixteen] who may be
32 subject to the provisions of this article for committing an act that
33 would be a crime if committed by an adult into custody without a warrant
34 in cases in which [he] the officer may arrest a person for a crime under
35 article one hundred forty of the criminal procedure law.
36 § 8. Paragraph (b) of subdivision 4 of section 305.2 of the family
37 court act, as amended by chapter 492 of the laws of 1987, is amended to
38 read as follows:
39 (b) forthwith and with all reasonable speed take the child directly,
40 and without his first being taken to the police station house, to the
41 family court located in the county in which the act occasioning the
42 taking into custody allegedly was committed, or, when the family court
43 is not in session, to the most accessible magistrate, if any, designated
44 by the appellate division of the supreme court in the applicable depart-
45 ment to conduct a hearing under section 307.4 of this part, unless the
46 officer determines that it is necessary to question the child, in which
47 case he or she may take the child to a facility designated by the chief
48 administrator of the courts as a suitable place for the questioning of
49 children or, upon the consent of a parent or other person legally
50 responsible for the care of the child, to the child's residence and
51 there question him or her for a reasonable period of time; or
52 § 9. Subdivision 1 of section 306.1 of the family court act, as
53 amended by chapter 645 of the laws of 1996, is amended to read as
54 follows:
55 1. Following the arrest of a child alleged to be a juvenile delin-
56 quent, or the filing of a delinquency petition involving a child who has
A. 6006 51
1 not been arrested, the arresting officer or other appropriate police
2 officer or agency shall take or cause to be taken fingerprints of such
3 child if:
4 (a) the child is eleven years of age or older and the crime which is
5 the subject of the arrest or which is charged in the petition consti-
6 tutes a class [A or B] A-1 felony; [or]
7 (b) the child is twelve years of age or older and the crime which is
8 the subject of the arrest or which is charged in the petition consti-
9 tutes a class A or B felony; or
10 (c) the child is thirteen years of age or older and the crime which is
11 the subject of the arrest or which is charged in the petition consti-
12 tutes a class C, D or E felony.
13 § 10. Section 307.3 of the family court act, as added by chapter 920
14 of the laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
15 the laws of 1987, is amended to read as follows:
16 § 307.3. Rules of court authorizing release before filing of petition.
17 1. The agency responsible for operating a detention facility pursuant to
18 section two hundred eighteen-a of the county law, five hundred [ten-a]
19 three of the executive law or other applicable provisions of law, shall
20 release a child in custody before the filing of a petition to the custo-
21 dy of his or her parents or other person legally responsible for his or
22 her care, or if such legally responsible person is unavailable, to a
23 person with whom he or she resides, when the events occasioning the
24 taking into custody do not appear to involve allegations that the child
25 committed a delinquent act.
26 2. When practicable such agency may release a child before the filing
27 of a petition to the custody of his or her parents or other person
28 legally responsible for his or her care, or if such legally responsible
29 person is unavailable, to a person with whom he or she resides, when the
30 events occasioning the taking into custody appear to involve allegations
31 that the child committed a delinquent act; provided, however, that such
32 agency must release the child if:
33 (a) such events appear to involve only allegations that the child
34 committed acts that would constitute no more than a violation if commit-
35 ted by an adult; or
36 (b) such events appear to involve only allegations that the child
37 committed acts that would constitute more than a violation but no more
38 than a misdemeanor if committed by an adult if:
39 (i) the alleged acts did not result in any physical injury as defined
40 in subdivision nine of section 10.00 of the penal law to another person;
41 and
42 (ii) the child was assessed at a low risk on the applicable detention
43 risk assessment instrument approved by the office of children and family
44 services unless the agency determines that detention is necessary
45 because the respondent otherwise poses an imminent risk to public safety
46 and states the reasons for such determination in the child's record; or
47 (c) such events appear to involve allegations that the child committed
48 acts that would constitute a felony if committed by an adult if:
49 (i) the alleged acts did not result in any physical injury as defined
50 in subdivision nine of section 10.00 of the penal law to another person;
51 (ii) the child does not have any prior adjudications for an act that
52 would constitute a felony if committed by an adult;
53 (iii) the child has no more than one prior adjudication for an act
54 that would constitute a misdemeanor if committed by an adult and that
55 act also did not result in any physical injury to another person; and
A. 6006 52
1 (iv) the child was assessed at a low risk on the applicable detention
2 risk assessment instrument approved by the office of children and family
3 services unless the agency determines that detention is necessary
4 because the respondent otherwise poses an imminent risk to public safety
5 and states the reasons for such determination in the child's record;
6 3. If a child is released under this section, the child and the person
7 legally responsible for his or her care shall be issued a family court
8 appearance ticket in accordance with section 307.1 of this part.
9 4. If the agency for any reason does not release a child under this
10 section, such child shall be brought before the appropriate family
11 court, or when such family court is not in session, to the most accessi-
12 ble magistrate, if any, designated by the appellate division of the
13 supreme court in the applicable department; provided, however, that if
14 such family court is not in session and if a magistrate is not avail-
15 able, such youth shall be brought before such family court within seven-
16 ty-two hours or the next day the court is in session, whichever is soon-
17 er. Such agency shall thereupon file an application for an order
18 pursuant to section 307.4 of this part and shall forthwith serve a copy
19 of the application upon the appropriate presentment agency. Nothing in
20 this subdivision shall preclude the adjustment of suitable cases pursu-
21 ant to section 308.1 of this part.
22 § 11. Section 308.1 of the family court act, as added by chapter 920
23 of the laws of 1982, subdivision 2 as amended by section 3 of part V of
24 chapter 55 of the laws of 2012, subdivision 4 as amended by chapter 264
25 of the laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of
26 the laws of 1983, and subdivision 6 as amended by chapter 663 of the
27 laws of 1985, is amended to read as follows:
28 § 308.1. [Rules of court for preliminary] Preliminary procedure;
29 adjustment of cases. 1. [Rules of court shall authorize and determine
30 the circumstances under which the] The probation service may confer with
31 any person seeking to have a juvenile delinquency petition filed, the
32 potential respondent and other interested persons concerning the advis-
33 ability of requesting that a petition be filed in accordance with this
34 section.
35 2. (a) Except as provided in subdivisions three [and], four, and thir-
36 teen of this section, the probation service [may, in accordance with
37 rules of court,] shall attempt to adjust [suitable cases] a case before
38 a petition is filed. The probation service must diligently attempt to
39 adjust the case. Such attempts may include the use of a juvenile review
40 board comprised of appropriate community members to work with the child
41 and his or her family on developing recommended adjustment activities.
42 The probation service may stop attempting to adjust such a case if it
43 determines that there is no substantial likelihood that the child will
44 benefit from attempts at adjustment in the time remaining for adjustment
45 or the time for adjustment has expired.
46 (b) The inability of the respondent or his or her family to make
47 restitution shall not be a factor in a decision to adjust a case or in a
48 recommendation to the presentment agency pursuant to subdivision six of
49 this section.
50 (c) Nothing in this section shall prohibit the probation service or
51 the court from directing a respondent to obtain employment and to make
52 restitution from the earnings from such employment. Nothing in this
53 section shall prohibit the probation service or the court from directing
54 an eligible person to complete an education reform program in accordance
55 with section four hundred fifty-eight-l of the social services law.
A. 6006 53
1 3. The probation service shall not attempt to adjust a case in which
2 the child has allegedly committed a designated felony act that involves
3 allegations that the child caused physical injury to a person unless
4 [it] the probation service has received the written approval of the
5 court.
6 4. The probation service shall not attempt to adjust a case in which
7 the child has allegedly committed a delinquent act which would be a
8 crime defined in section 120.25, (reckless endangerment in the first
9 degree), subdivision one of section 125.15, (manslaughter in the second
10 degree), subdivision one of section 130.25, (rape in the third degree),
11 subdivision one of section 130.40, (criminal sexual act in the third
12 degree), subdivision one or two of section 130.65, (sexual abuse in the
13 first degree), section 135.65, (coercion in the first degree), section
14 140.20, (burglary in the third degree), section 150.10, (arson in the
15 third degree), section 160.05, (robbery in the third degree), subdivi-
16 sion two, three or four of section 265.02, (criminal possession of a
17 weapon in the third degree), section 265.03, (criminal possession of a
18 weapon in the second degree), or section 265.04, (criminal possession of
19 a [dangerous] weapon in the first degree) of the penal law where the
20 child has previously had one or more adjustments of a case in which such
21 child allegedly committed an act which would be a crime specified in
22 this subdivision unless it has received written approval from the court
23 and the appropriate presentment agency.
24 5. The fact that a child is detained prior to the filing of a petition
25 shall not preclude the probation service from adjusting a case; upon
26 adjusting such a case the probation service shall notify the detention
27 facility to release the child.
28 6. The probation service shall not transmit or otherwise communicate
29 to the presentment agency any statement made by the child to a probation
30 officer. However, the probation service may make a recommendation
31 regarding adjustment of the case to the presentment agency and provide
32 such information, including any report made by the arresting officer and
33 record of previous adjustments and arrests, as it shall deem relevant.
34 7. No statement made to the probation service prior to the filing of a
35 petition may be admitted into evidence at a fact-finding hearing or, if
36 the proceeding is transferred to a criminal court, at any time prior to
37 a conviction.
38 8. The probation service may not prevent any person who wishes to
39 request that a petition be filed from having access to the appropriate
40 presentment agency for that purpose.
41 9. Efforts at adjustment [pursuant to rules of court] under this
42 section may not extend for a period of more than two months [without],
43 or, for a period of more than four months if the probation service
44 determines that adjustment beyond the first two months is warranted
45 because documented barriers to adjustment exist or changes need to be
46 made to the child's services plan, except upon leave of the court, which
47 may extend the adjustment period for an additional two months.
48 10. If a case is not adjusted by the probation service, such service
49 shall notify the appropriate presentment agency of that fact within
50 forty-eight hours or the next court day, whichever occurs later.
51 11. The probation service may not be authorized under this section to
52 compel any person to appear at any conference, produce any papers, or
53 visit any place.
54 12. The probation service shall certify to the division of criminal
55 justice services and to the appropriate police department or law
56 enforcement agency whenever it adjusts a case in which the potential
A. 6006 54
1 respondent's fingerprints were taken pursuant to section 306.1 of this
2 part in any manner other than the filing of a petition for juvenile
3 delinquency for an act which, if committed by an adult, would constitute
4 a felony, provided, however, in the case of a child [eleven or] twelve
5 years of age, such certification shall be made only if the act would
6 constitute a class A or B felony, or, in the case of a child eleven
7 years of age, such certification shall be made only if the act would
8 constitute a class A-1 felony.
9 13. The [provisions of this section] probation service shall not
10 [apply] attempt to adjust a case where the petition is an order of
11 removal to the family court pursuant to article seven hundred twenty-
12 five of the criminal procedure law unless the probation service has
13 received the written approval of the court.
14 14. Probation shall seek the written approval of the court, and
15 presentment agency if applicable, in instances when such approval is
16 required prior to adjusting a case pursuant to subdivisions three, four
17 and thirteen of this section. If such written approval is given,
18 probation shall attempt to adjust the case.
19 § 12. Paragraph (c) of subdivision 3 of section 311.1 of the family
20 court act, as added by chapter 920 of the laws of 1982, is amended to
21 read as follows:
22 (c) the fact that the respondent is a person [under sixteen years of]
23 of the necessary age to be a juvenile delinquent at the time of the
24 alleged act or acts;
25 § 13. Subdivision 3 of section 320.5 of the family court act is
26 amended by adding a new paragraph (a-1) to read as follows:
27 (a-1) Notwithstanding paragraph (a) of this subdivision, the court
28 shall not direct detention if:
29 (i) such events appear to involve only allegations that the child
30 committed acts that would constitute no more than a violation if commit-
31 ted by an adult; or
32 (ii) such events appear to involve only allegations that the child
33 committed acts that would constitute more than a violation but no more
34 than a misdemeanor if committed by an adult if:
35 (A) the alleged acts did not result in any physical injury as defined
36 in subdivision nine of section 10.00 of the penal law to another person;
37 and
38 (B) the child was assessed at a low risk on the applicable detention
39 risk assessment instrument approved by the office of children and family
40 services unless the agency determines that detention is necessary
41 because the respondent otherwise poses an imminent risk to public safety
42 and states the reasons for such determination in the child's record; or
43 (iii) such events appear to involve allegations that the child commit-
44 ted acts that would constitute a felony if committed by an adult if:
45 (A) the alleged acts did not result in any physical injury as defined
46 in subdivision nine of section 10.00 of the penal law to another person;
47 (B) the child does not have any prior adjudications for an act that
48 would constitute a felony if committed by an adult;
49 (C) the child has no more than one prior adjudication for an act that
50 would constitute a misdemeanor if committed by an adult and that act
51 also did not result in any physical injury to another person; and
52 (D) the child was assessed at a low risk on the applicable detention
53 risk assessment instrument approved by the office of children and family
54 services unless the agency determines that detention is necessary
55 because the respondent otherwise poses an imminent risk to public safety
56 and states the reasons for such determination in the child's record;
A. 6006 55
1 § 14. Subdivision 5 of section 322.2 of the family court act, as added
2 by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
3 chapter 41 of the laws of 2010, is amended to read as follows:
4 5. (a) If the court finds that there is probable cause to believe
5 that the respondent committed a felony, it shall order the respondent
6 committed to the custody of the commissioner of mental health or the
7 commissioner of [mental retardation and] persons with developmental
8 disabilities for an initial period not to exceed one year from the date
9 of such order. Such period may be extended annually upon further appli-
10 cation to the court by the commissioner having custody or his or her
11 designee. Such application must be made not more than sixty days prior
12 to the expiration of such period on forms that have been prescribed by
13 the chief administrator of the courts. At that time, the commissioner
14 must give written notice of the application to the respondent, the coun-
15 sel representing the respondent and the mental hygiene legal service if
16 the respondent is at a residential facility. Upon receipt of such appli-
17 cation, the court must conduct a hearing to determine the issue of
18 capacity. If, at the conclusion of a hearing conducted pursuant to this
19 subdivision, the court finds that the respondent is no longer incapaci-
20 tated, he or she shall be returned to the family court for further
21 proceedings pursuant to this article. If the court is satisfied that the
22 respondent continues to be incapacitated, the court shall authorize
23 continued custody of the respondent by the commissioner for a period not
24 to exceed one year. Such extensions shall not continue beyond a reason-
25 able period of time necessary to determine whether the respondent will
26 attain the capacity to proceed to a fact finding hearing in the foresee-
27 able future but in no event shall continue beyond the respondent's eigh-
28 teenth birthday or, if the respondent was at least sixteen years of age
29 when the act was committed, beyond the respondent's twenty-first birth-
30 day.
31 (b) If a respondent is in the custody of the commissioner upon the
32 respondent's eighteenth birthday, or if the respondent was at least
33 sixteen years of age when the act resulting in the respondent's place-
34 ment was committed, beyond the respondent's twenty-first birthday, the
35 commissioner shall notify the clerk of the court that the respondent was
36 in his custody on such date and the court shall dismiss the petition.
37 (c) If the court finds that there is probable cause to believe that
38 the respondent has committed a designated felony act, the court shall
39 require that treatment be provided in a residential facility within the
40 appropriate office of the department of mental hygiene.
41 (d) The commissioner shall review the condition of the respondent
42 within forty-five days after the respondent is committed to the custody
43 of the commissioner. He or she shall make a second review within ninety
44 days after the respondent is committed to his or her custody. Thereaft-
45 er, he or she shall review the condition of the respondent every ninety
46 days. The respondent and the counsel for the respondent, shall be noti-
47 fied of any such review and afforded an opportunity to be heard. The
48 commissioner having custody shall apply to the court for an order
49 dismissing the petition whenever he or she determines that there is a
50 substantial probability that the respondent will continue to be incapac-
51 itated for the foreseeable future. At the time of such application the
52 commissioner must give written notice of the application to the respond-
53 ent, the presentment agency and the mental hygiene legal service if the
54 respondent is at a residential facility. Upon receipt of such applica-
55 tion, the court may on its own motion conduct a hearing to determine
56 whether there is substantial probability that the respondent will
A. 6006 56
1 continue to be incapacitated for the foreseeable future, and it must
2 conduct such hearing if a demand therefor is made by the respondent or
3 the mental hygiene legal service within ten days from the date that
4 notice of the application was given to them. The respondent may apply to
5 the court for an order of dismissal on the same ground.
6 § 15. Subdivision 1 of section 325.1 of the family court act, as
7 amended by chapter 398 of the laws of 1983, is amended to read as
8 follows:
9 1. At the initial appearance, if the respondent denies a charge
10 contained in the petition and the court determines in accordance with
11 the requirements of section 320.5 of this part that [he] the respondent
12 shall be detained for more than three days pending a fact-finding hear-
13 ing, the court shall schedule a probable-cause hearing to determine the
14 issues specified in section 325.3 of this part.
15 § 16. The family court act is amended by adding a new section 325.5 to
16 read as follows:
17 § 325.5. Removal for proceedings in a superior court; certain alleged
18 offenses by youths age thirteen, fourteen or fifteen. 1. (a) (i)
19 Notwithstanding any inconsistent provision of part four of this article,
20 at any time within ten days after the initial appearance with respect to
21 a juvenile delinquency petition which alleges conduct that is also a
22 juvenile offense, as defined in subdivision eighteen of section 10.00 of
23 the penal law, and that is pending pursuant to this article against a
24 youth who was thirteen, fourteen or fifteen years of age at the time of
25 such alleged offense, if such respondent has not entered an admission to
26 all such juvenile offense counts pursuant to section 321.2 of this part
27 that has been accepted pursuant to section 321.3 of this part, has not
28 waived a fact-finding hearing pursuant to part four of this article, and
29 such a fact-finding hearing has not otherwise commenced, the appropriate
30 presentment agency shall, upon the written request of the district
31 attorney having geographic jurisdiction over such alleged offense,
32 promptly serve and file, in the family court in which such petition is
33 pending, a motion seeking to remove such juvenile offender count or
34 counts to the superior criminal court that would exercise trial juris-
35 diction over such offense or offenses were an indictment therefor to
36 result.
37 (ii) Such request by the presentment agency may (if sought in such
38 district attorney's written request) include a request to remove to the
39 superior criminal court other specified related offenses of the type
40 described in subdivision six of section 200.20 of the criminal procedure
41 law, provided that the respondent has not entered an admission to such
42 count or counts pursuant to section 321.2 of this part that has been
43 accepted pursuant to section 321.3 of this part, has not waived a fact-
44 finding hearing pursuant to part four of this article, and such a fact-
45 finding hearing has not otherwise commenced.
46 (b) (i) In its motion, which shall be in writing, the presentment
47 agency shall set forth the reasons for the motion for removal, which
48 shall be stated in detail and not in conclusory terms. The written
49 request of the district attorney, which must also be stated in detail
50 and not in conclusory terms, shall be appended to the motion. Such
51 district attorney, or an assistant district attorney acting on behalf of
52 such district attorney, may also serve and file an affirmation in the
53 nature of an amicus curiae in the family court in support of such
54 motion.
55 (ii) The court may grant a hearing on the motion at the request of any
56 party. The presentment agency shall have the burden to show: (a) aggra-
A. 6006 57
1 vating circumstances that bear directly on the manner in which such
2 crime or crimes were committed; and (b) if the respondent was not the
3 sole participant in such crime or crimes, that the respondent played a
4 major role or was the dominant participant in such crimes. If such
5 burden is met, the court may grant removal only if, after considering
6 the factors set forth in subdivision two of section 210.43 of the crimi-
7 nal procedure law, it determines that removal to a superior court is
8 necessary to accomplish the purposes set forth in section 1.05 of the
9 penal law and assure a just and fair result.
10 2. (a) If the court orders removal of all or a portion of the action
11 to a superior criminal court pursuant to subdivision one of this
12 section, it shall state on the record the factors upon which its deter-
13 mination is based, and shall give its reasons for removal in detail and
14 not in conclusory terms.
15 (b) Where a motion for removal pursuant to subdivision one of this
16 section has been denied, no further motion pursuant to this section may
17 be made by the presentment agency with respect to the same offense or
18 offenses.
19 3. (a) Where an order of removal has been granted pursuant to this
20 section, and the respondent is in detention pursuant to section 320.5 of
21 this part, the order of removal to the superior criminal court must
22 provide that the police officer or peace officer who made the arrest or
23 some other proper officer forthwith and with all reasonable speed take
24 the juvenile to the designated superior court. The order of removal must
25 specify a date certain within ten days from the date of the order of
26 removal for the respondent's appearance in such superior court provided,
27 however, that where the respondent is in detention or in the custody of
28 the sheriff that date must be not later than the next day the superior
29 court is in session.
30 (b) The order of removal must direct that all of the pleadings and
31 proceedings in the action, or a certified copy of same be transferred to
32 the designated superior court and be delivered to and filed with the
33 clerk of that court. For the purposes of this subdivision the term
34 "pleadings and proceedings" includes the minutes of any hearing, inquiry
35 or trial held in the action and the minutes of any plea accepted and
36 entered.
37 (c) The order of removal must be signed by the judge of the family
38 court who directed the removal.
39 § 17. Subdivisions 1 and 2 of section 340.2 of the family court act,
40 as added by chapter 920 of the laws of 1982, are amended to read as
41 follows:
42 1. [The] Except when authorized in accordance with section 346.1 of
43 this part involving a case removed to family court pursuant to article
44 seven hundred twenty-five of the criminal procedure law, the judge who
45 presides at the commencement of the fact-finding hearing shall continue
46 to preside until such hearing is concluded and an order entered pursuant
47 to section 345.1 of this part unless a mistrial is declared.
48 2. The judge who presides at the fact-finding hearing or accepts an
49 admission pursuant to section 321.3 of this article shall preside at any
50 other subsequent hearing in the proceeding, including but not limited to
51 the dispositional hearing except where the case is removed to family
52 court pursuant to article seven hundred twenty-five of the criminal
53 procedure law after a fact-finding hearing has occurred.
54 § 18. Subdivision 2 of section 351.1 of the family court act, as
55 amended by chapter 880 of the laws of 1985, is amended to read as
56 follows:
A. 6006 58
1 2. Following a determination that a respondent committed a crime and
2 prior to the dispositional hearing, the court shall order a probation
3 investigation, a risk and needs assessment, and may order a diagnostic
4 assessment. Based upon the assessment findings, the probation depart-
5 ment shall recommend to the court that the respondent participate in any
6 services necessary to mitigate identified risks and address individual
7 needs.
8 § 19. Paragraph (a) of subdivision 2 of section 352.2 of the family
9 court act, as amended by chapter 880 of the laws of 1985, is amended to
10 read as follows:
11 (a) In determining an appropriate order the court shall consider the
12 needs and best interests of the respondent as well as the need for
13 protection of the community. If the respondent has committed a desig-
14 nated felony act the court shall determine the appropriate disposition
15 in accord with section 353.5. In all other cases the court shall order
16 the least restrictive available alternative enumerated in subdivision
17 one of this section which is consistent with the needs and best inter-
18 ests of the respondent and the need for protection of the community;
19 provided, however, that the court shall not direct the placement of a
20 respondent with a commissioner of social services or the office of chil-
21 dren and family services if:
22 (i) such events appear to involve only allegations that the child
23 committed acts that would constitute no more than a violation if commit-
24 ted by an adult; or
25 (ii) such events appear to involve only allegations that the child
26 committed acts that would constitute more than a violation but no more
27 than a misdemeanor if committed by an adult if:
28 (A) the alleged acts did not result in any physical injury as defined
29 in subdivision nine of section 10.00 of the penal law to another person;
30 and
31 (B) the child was assessed at a low risk on the applicable detention
32 risk assessment instrument approved by the office of children and family
33 services unless the agency determines that detention is necessary
34 because the respondent otherwise poses an imminent risk to public safety
35 and states the reasons for such determination in the child's record; or
36 (iii) such events appear to involve allegations that the child commit-
37 ted acts that would constitute a felony if committed by an adult if:
38 (A) the alleged acts did not result in any physical injury as defined
39 in subdivision nine of section 10.00 of the penal law to another person;
40 (B) the child does not have any prior adjudications for an act that
41 would constitute a felony if committed by an adult;
42 (C) the child has no more than one prior adjudication for an act that
43 would constitute a misdemeanor if committed by an adult and that act
44 also did not result in any physical injury to another person; and
45 (D) the child was assessed at a low risk on the applicable detention
46 risk assessment instrument approved by the office of children and family
47 services unless the agency determines that detention is necessary
48 because the respondent otherwise poses an imminent risk to public safety
49 and states the reasons for such determination in the child's record.
50 § 20. Section 352.2 of the family court act is amended by adding a new
51 subdivision 4 to read as follows:
52 4. Where a youth receives a juvenile delinquency adjudication for
53 conduct committed when the youth was age sixteen or older that would
54 constitute a crime under the vehicle and traffic law, the court shall
55 notify the commissioner of motor vehicles of such adjudication. Where a
56 youth receives a juvenile delinquency adjudication for conduct that
A. 6006 59
1 would constitute a violation of any other provision of law which allows
2 for the imposition of a license and registration sanction, the court
3 shall notify the commissioner of motor vehicles of such adjudication.
4 The court shall have the power to impose any suspension or revocation of
5 driving privileges, ignition interlock devices, any drug or alcohol
6 rehabilitation program, victim impact program, driver responsibility
7 assessment, victim assistance fee, and surcharge as is otherwise
8 required upon a conviction of a crime under the vehicle and traffic law,
9 or an offense for which a license sanction is required, and, further,
10 shall notify the commissioner of motor vehicles of said suspension or
11 revocation.
12 § 21. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of
13 subdivision 2 of section 353.2 of the family court act, paragraph (a) of
14 subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs
15 (f) and (h) of subdivision 2 as amended by chapter 124 of the laws of
16 1993, are amended to read as follows:
17 (a) placement of respondent is not or may not be necessary or allow-
18 able;
19 (f) make restitution or perform services for the public good pursuant
20 to section 353.6, provided the respondent is over [ten] twelve years of
21 age;
22 (h) comply with such other reasonable conditions as the court shall
23 determine to be necessary or appropriate to ameliorate the conduct which
24 gave rise to the filing of the petition or to prevent placement with the
25 commissioner of social services or the [division for youth] office of
26 children and family services.
27 § 22. Subdivision 3 of section 353.2 of the family court act, as added
28 by chapter 920 of the laws of 1982, paragraph (f) as amended by chapter
29 465 of the laws of 1992, is amended to read as follows:
30 3. When ordering a period of probation, the court may, as a condition
31 of such order, further require that the respondent:
32 (a) meet with a probation officer when directed to do so by that offi-
33 cer and permit the officer to visit the respondent at home or elsewhere;
34 (b) permit the probation officer to obtain information from any person
35 or agency from whom respondent is receiving or was directed to receive
36 diagnosis, treatment or counseling;
37 (c) permit the probation officer to obtain information from the
38 respondent's school;
39 (d) co-operate with the probation officer in seeking to obtain and in
40 accepting employment, and supply records and reports of earnings to the
41 officer when requested to do so; and
42 (e) obtain permission from the probation officer for any absence from
43 respondent's residence in excess of two weeks[; and
44 (f) with the consent of the division for youth, spend a specified
45 portion of the probation period, not exceeding one year, in a non-secure
46 facility provided by the division for youth pursuant to article nine-
47 teen-G of the executive law].
48 § 23. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
49 vision 4 of section 353.5 of the family court act, as amended by section
50 6 of subpart A of part G of chapter 57 of the laws of 2012, is amended
51 to read as follows:
52 (iii) after the period set under subparagraph (ii) of this paragraph,
53 the respondent shall be placed in a residential facility for a period of
54 twelve months; provided, however, that if the respondent has been placed
55 from a family court in a social services district operating an approved
56 juvenile justice services close to home initiative pursuant to section
A. 6006 60
1 four hundred four of the social services law for an act committed when
2 the respondent was under sixteen years of age, once the time frames in
3 subparagraph (ii) of this paragraph are met:
4 (d) Upon the expiration of the initial period of placement, or any
5 extension thereof, the placement may be extended in accordance with
6 section 355.3 on a petition of any party or the office of children and
7 family services, or, if applicable, a social services district operating
8 an approved juvenile justice services close to home initiative pursuant
9 to section four hundred four of the social services law, after a dispo-
10 sitional hearing, for an additional period not to exceed twelve months,
11 but no initial placement or extension of placement under this section
12 may continue beyond the respondent's twenty-first birthday, or, for an
13 act that was committed when the respondent was sixteen years of age or
14 older, the respondent's twenty-third birthday.
15 § 24. Paragraph (e) of subdivision 2 of section 353.2 of the family
16 court act, as amended by chapter 124 of the laws of 1993, is amended to
17 read as follows:
18 (e) co-operate with a mental health, social services or other appro-
19 priate community facility or agency to which the respondent is referred,
20 including a family support center pursuant to title twelve of article
21 six of the social services law;
22 § 25. Paragraph (d) of subdivision 4 of section 353.5 of the family
23 court act, as amended by chapter 398 of the laws of 1983, is amended to
24 read as follows:
25 (d) Upon the expiration of the initial period of placement, or any
26 extension thereof, the placement may be extended in accordance with
27 section 355.3 on a petition of any party or the [division for youth]
28 office of children and family services after a dispositional hearing,
29 for an additional period not to exceed twelve months, but no initial
30 placement or extension of placement under this section may continue
31 beyond the respondent's twenty-first birthday, or, for an act that was
32 committed when the respondent was sixteen years of age or older, the
33 respondent's twenty-third birthday.
34 § 26. The opening paragraph of subdivision 1 of section 353.6 of the
35 family court act, as amended by chapter 877 of the laws of 1983, is
36 amended to read as follows:
37 At the conclusion of the dispositional hearing in cases involving
38 respondents over [ten] twelve years of age the court may:
39 § 27. Section 354.1 of the family court act, as added by chapter 920
40 of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
41 of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of
42 the laws of 1983, is amended to read as follows:
43 § 354.1. Retention and destruction of fingerprints of persons alleged
44 to be juvenile delinquents. 1. If a person whose fingerprints, palm-
45 prints or photographs were taken pursuant to section 306.1 or was
46 initially fingerprinted as a juvenile offender and the action is subse-
47 quently removed to a family court pursuant to article seven hundred
48 twenty-five of the criminal procedure law is adjudicated to be a juve-
49 nile delinquent for a felony, the family court shall forward or cause to
50 be forwarded to the division of criminal justice services notification
51 of such adjudication and such related information as may be required by
52 such division, provided, however, in the case of a person eleven [or
53 twelve] years of age such notification shall be provided only if the act
54 upon which the adjudication is based would constitute a class [A or B]
55 A-1 felony or, in the case of a person twelve years of age, such notifi-
A. 6006 61
1 cation shall be provided only if the act upon which the adjudication is
2 based would constitute a class A or B felony.
3 2. If a person whose fingerprints, palmprints or photographs were
4 taken pursuant to section 306.1 or was initially fingerprinted as a
5 juvenile offender and the action is subsequently removed to family court
6 pursuant to article seven hundred twenty-five of the criminal procedure
7 law has had all petitions disposed of by the family court in any manner
8 other than an adjudication of juvenile delinquency for a felony, but in
9 the case of acts committed when such person was eleven [or twelve] years
10 of age which would constitute a class [A or B] A-1 felony only, or, in
11 the case of acts committed when such person was twelve years of age
12 which would constitute a class A or B felony only, all such finger-
13 prints, palmprints, photographs, and copies thereof, and all information
14 relating to such allegations obtained by the division of criminal
15 justice services pursuant to section 306.1 shall be destroyed forthwith.
16 The clerk of the court shall notify the commissioner of the division of
17 criminal justice services and the heads of all police departments and
18 law enforcement agencies having copies of such records, who shall
19 destroy such records without unnecessary delay.
20 3. If the appropriate presentment agency does not originate a proceed-
21 ing under section 310.1 for a case in which the potential respondent's
22 fingerprints were taken pursuant to section 306.1, the presentment agen-
23 cy shall serve a certification of such action upon the division of crim-
24 inal justice services, and upon the appropriate police department or law
25 enforcement agency.
26 4. If, following the taking into custody of a person alleged to be a
27 juvenile delinquent and the taking and forwarding to the division of
28 criminal justice services of such person's fingerprints but prior to
29 referral to the probation department or to the family court, an officer
30 or agency, elects not to proceed further, such officer or agency shall
31 serve a certification of such election upon the division of criminal
32 justice services.
33 5. Upon certification pursuant to subdivision twelve of section 308.1
34 or subdivision three or four of this section, the department or agency
35 shall destroy forthwith all fingerprints, palmprints, photographs, and
36 copies thereof, and all other information obtained in the case pursuant
37 to section 306.1. Upon receipt of such certification, the division of
38 criminal justice services and all police departments and law enforcement
39 agencies having copies of such records shall destroy them.
40 6. If a person fingerprinted pursuant to section 306.1 and subsequent-
41 ly adjudicated a juvenile delinquent for a felony, but in the case of
42 acts committed when such a person was eleven [or twelve] years of age
43 which would constitute a class [A or B] A-1 felony only, or, in the case
44 of acts committed when such a person was twelve years of age which would
45 constitute a class A or B felony only, is subsequently convicted of a
46 crime, all fingerprints and related information obtained by the division
47 of criminal justice services pursuant to such section and not destroyed
48 pursuant to subdivisions two, five and seven or subdivision twelve of
49 section 308.1 shall become part of such division's permanent adult crim-
50 inal record for that person, notwithstanding section 381.2 or 381.3.
51 7. When a person fingerprinted pursuant to section 306.1 and subse-
52 quently adjudicated a juvenile delinquent for a felony, but in the case
53 of acts committed when such person was eleven [or twelve] years of age
54 which would constitute a class [A or B] A-1 felony only, or, in the case
55 of acts committed when such a person was twelve years of age which would
56 constitute a class A or B felony only, reaches the age of twenty-one, or
A. 6006 62
1 has been discharged from placement under this act for at least three
2 years, whichever occurs later, and has no criminal convictions or pend-
3 ing criminal actions which ultimately terminate in a criminal
4 conviction, all fingerprints, palmprints, photographs, and related
5 information and copies thereof obtained pursuant to section 306.1 in the
6 possession of the division of criminal justice services, any police
7 department, law enforcement agency or any other agency shall be
8 destroyed forthwith. The division of criminal justice services shall
9 notify the agency or agencies which forwarded fingerprints to such divi-
10 sion pursuant to section 306.1 of their obligation to destroy those
11 records in their possession. In the case of a pending criminal action
12 which does not terminate in a criminal conviction, such records shall be
13 destroyed forthwith upon such determination.
14 § 28. Subdivisions 1 and 6 of section 355.3 of the family court act,
15 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
16 6 as amended by chapter 663 of the laws of 1985, are amended to read as
17 follows:
18 1. In any case in which the respondent has been placed pursuant to
19 section 353.3 the respondent, the person with whom the respondent has
20 been placed, the commissioner of social services, or the [division for
21 youth] office of children and family services may petition the court to
22 extend such placement. Such petition shall be filed at least sixty days
23 prior to the expiration of the period of placement, except for good
24 cause shown but in no event shall such petition be filed after the
25 original expiration date.
26 6. Successive extensions of placement under this section may be grant-
27 ed, but no placement may be made or continued beyond the respondent's
28 eighteenth birthday without the child's consent for acts committed
29 before the respondent's sixteenth birthday and in no event past the
30 child's twenty-first birthday except as provided for in subdivision four
31 of section 353.5.
32 § 29. Subdivision 5 of section 355.4 of the family court act, as added
33 by chapter 479 of the laws of 1992, is amended to read as follows:
34 5. Nothing in this section shall: require that consent be obtained
35 from the youth's parent or legal guardian to any medical, dental, or
36 mental health service and treatment when no consent is necessary or the
37 youth is authorized by law to consent on his or her own behalf; preclude
38 a youth from consenting on his or her own behalf to any medical, dental
39 or mental health service and treatment where otherwise authorized by law
40 to do so[, or the division for youth]; or preclude the officer of chil-
41 dren and family services or a social services district from petitioning
42 the court pursuant to section two hundred thirty-three of this act, as
43 appropriate.
44 § 30. Paragraph (b) of subdivision 3 of section 355.5 of the family
45 court act, as amended by chapter 145 of the laws of 2000, is amended to
46 read as follows:
47 (b) subsequent permanency hearings shall be held no later than every
48 twelve months following the respondent's initial twelve months in place-
49 ment but in no event past the respondent's twenty-first birthday;
50 provided, however, that they shall be held in conjunction with an exten-
51 sion of placement hearing held pursuant to section 355.3 of this [arti-
52 cle] part.
53 § 31. Subdivisions 2 and 6 of section 360.3 of the family court act,
54 as added by chapter 920 of the laws of 1982, are amended to read as
55 follows:
A. 6006 63
1 2. At the time of his first appearance following the filing of a peti-
2 tion of violation the court must: (a) advise the respondent of the
3 contents of the petition and furnish him with a copy thereof; (b) deter-
4 mine whether the respondent should be released or detained pursuant to
5 section 320.5, provided, however, that nothing herein shall authorize a
6 respondent to be detained for a violation of a condition that would not
7 constitute a crime if committed by an adult unless the court determines
8 (i) that the respondent poses a specific imminent threat to public safe-
9 ty and states the reasons for the finding on the record or (ii) the
10 respondent is on probation for an act that would constitute a violent
11 felony as defined in section 70.02 of the penal law if committed by an
12 adult and the use of graduated sanctions have been exhausted without
13 success; and (c) ask the respondent whether he wishes to make any state-
14 ment with respect to the violation. If the respondent makes a statement,
15 the court may accept it and base its decision thereon; the provisions of
16 subdivision two of section 321.3 shall apply in determining whether a
17 statement should be accepted. If the court does not accept such state-
18 ment or if the respondent does not make a statement, the court shall
19 proceed with the hearing. Upon request, the court shall grant a reason-
20 able adjournment to the respondent to enable him to prepare for the
21 hearing.
22 6. At the conclusion of the hearing the court may revoke, continue or
23 modify the order of probation or conditional discharge. If the court
24 revokes the order, it shall order a different disposition pursuant to
25 section 352.2, provided, however, that nothing herein shall authorize
26 the placement of a respondent for a violation of a condition that would
27 not constitute a crime if committed by an adult unless the court deter-
28 mines (i) that the respondent poses a specific imminent threat to public
29 safety and states the reasons for the finding on the record or (ii) the
30 respondent is on probation for an act that would constitute a violent
31 felony as defined in section 70.02 of the penal law if committed by an
32 adult and the use of graduated sanctions have been exhausted without
33 success. If the court continues the order of probation or conditional
34 discharge, it shall dismiss the petition of violation.
35 § 32. Subdivisions (d) and (i) of section 712 of the family court act,
36 subdivision (d) as amended by chapter 920 of the laws of 1982, and
37 subdivision (i) as amended by chapter 38 of the laws of 2014, are
38 amended and two new subdivisions (d-1) and (n) are added to read as
39 follows:
40 (d) "Non-secure detention facility". [A facility characterized by the
41 absence of physically restricting construction, hardware and proce-
42 dures.] A foster care program certified by the office of children and
43 family services or a certified or approved family boarding home, or in a
44 city having a population of five million or more, a foster care facility
45 established and maintained pursuant to the social services law.
46 (d-1) "Detention facility". A foster care program certified by the
47 office of children and family services or a certified or approved family
48 boarding home, or in a city having a population of five million or more,
49 a foster care facility established and maintained pursuant to the social
50 services law.
51 (i) "Diversion services". Services provided to children and families
52 pursuant to section seven hundred thirty-five of this article for the
53 purpose of avoiding the need to file a petition or direct the detention
54 of the child. Diversion services shall include: efforts to adjust cases
55 pursuant to this article before a petition is filed, or by order of the
56 court, [after the petition is filed but before fact-finding is
A. 6006 64
1 commenced;] at any time; and preventive services provided in accordance
2 with section four hundred nine-a of the social services law to avert the
3 placement of the child into foster care, including crisis intervention
4 and respite services. Diversion services may also include, in cases
5 where any person is seeking to file a petition that alleges that the
6 child has a substance use disorder or is in need of immediate detoxifi-
7 cation or substance use disorder services, an assessment for substance
8 use disorder; provided, however, that notwithstanding any other
9 provision of law to the contrary, the designated lead agency shall not
10 be required to pay for all or any portion of the costs of such assess-
11 ment or substance use disorder or detoxification services, except in
12 cases where medical assistance for needy persons may be used to pay for
13 all or any portion of the costs of such assessment or services.
14 (n) "Family support center". A program established pursuant to title
15 twelve article six of the social services law.
16 § 33. Section 720 of the family court act, as amended by chapter 419
17 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B
18 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
19 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
20 of subdivision 5 as added by section 8 of part G of chapter 58 of the
21 laws of 2010, is added to read as follows:
22 § 720. Detention. 1. No child to whom the provisions of this article
23 may apply, shall be detained in any prison, jail, lockup, or other place
24 used for adults convicted of crime or under arrest and charged with a
25 crime.
26 2. The detention of a child in a secure detention facility shall not
27 be directed under any of the provisions of this article.
28 3. Detention of a person alleged to be or adjudicated as a person in
29 need of supervision shall, except as provided in subdivision four of
30 this section, be authorized only in a foster care program certified by
31 the office of children and family services, or a certified or approved
32 family boarding home[, or a non-secure detention facility certified by
33 the office] and in accordance with section seven hundred thirty-nine of
34 this article. The setting of the detention shall take into account (a)
35 the proximity to the community in which the person alleged to be or
36 adjudicated as a person in need of supervision lives with such person's
37 parents or to which such person will be discharged, and (b) the existing
38 educational setting of such person and the proximity of such setting to
39 the location of the detention setting.
40 4. Whenever detention is authorized and ordered pursuant to this arti-
41 cle, for a person alleged to be or adjudicated as a person in need of
42 supervision, a family court in a city having a population of one million
43 or more shall, notwithstanding any other provision of law, direct
44 detention in a foster care facility established and maintained pursuant
45 to the social services law. In all other respects, the detention of such
46 a person in a foster care facility shall be subject to the identical
47 terms and conditions for detention as are set forth in this article and
48 in section two hundred thirty-five of this act.
49 5. (a) The court shall not order or direct detention under this arti-
50 cle, unless the court determines that there is no substantial likelihood
51 that the youth and his or her family will continue to benefit from
52 diversion services, and that continuation in the home would not be
53 appropriate because such continuation would (i) continue or worsen the
54 circumstances alleged in the underlying petition, or that created the
55 need for a petition to be sought or (ii) create a safety risk to the
A. 6006 65
1 child or the child's family and that all other available alternatives to
2 detention have been exhausted; and
3 (b) [Where the youth is sixteen years of age or older, the court shall
4 not order or direct detention under this article, unless the court
5 determines and states in its order that special circumstances exist to
6 warrant such detention.
7 (c)] If the respondent may be a sexually exploited child as defined in
8 subdivision one of section four hundred forty-seven-a of the social
9 services law, the court may direct the respondent to an available short-
10 term safe house as defined in subdivision two of section four hundred
11 forty-seven-a of the social services law as an alternative to detention.
12 § 34. Section 728 of the family court act, subdivision (a) as amended
13 by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
14 419 of the laws of 1987, subdivision (d) as added by chapter 145 of the
15 laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision
16 (d) as renumbered by section 5 of part E of chapter 57 of the laws of
17 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision
18 (d) as added by section 10 of subpart B of part Q of chapter 58 of the
19 laws of 2011, is amended to read as follows:
20 § 728. Discharge, release or detention by judge after hearing and
21 before filing of petition in custody cases. (a) If a child in custody
22 is brought before a judge of the family court before a petition is
23 filed, the judge shall hold a hearing for the purpose of making a
24 preliminary determination of whether the court appears to have jurisdic-
25 tion over the child. At the commencement of the hearing, the judge shall
26 advise the child of his or her right to remain silent, his or her right
27 to be represented by counsel of his or her own choosing, and of the
28 right to have an attorney assigned in accord with part four of article
29 two of this act. The judge must also allow the child a reasonable time
30 to send for his or her parents or other person or persons legally
31 responsible for his or her care, and for counsel, and adjourn the hear-
32 ing for that purpose.
33 (b) After hearing, the judge shall order the release of the child to
34 the custody of his parent or other person legally responsible for his
35 care if the court does not appear to have jurisdiction.
36 (c) An order of release under this section may, but need not, be
37 conditioned upon the giving of a recognizance in accord with [sections]
38 paragraph (i) of subdivision (b) of section seven hundred twenty-four
39 [(b) (i)] of this part.
40 (d) Upon a finding of facts and reasons which support a detention
41 order pursuant to this section, the court shall also determine and state
42 in any order directing detention:
43 (i) that there is no substantial likelihood that the youth and his or
44 her family will continue to benefit from diversion services, that
45 continuation in the home would not be appropriate because such continua-
46 tion would (i) continue or worsen the circumstances alleged in the
47 underlying petition, or that created the need for a petition to be
48 sought or (ii) create a safety risk to the child or child's family and
49 that all other available alternatives to detention have been exhausted;
50 and
51 (ii) whether continuation of the child in the child's home would be
52 contrary to the best interests of the child based upon, and limited to,
53 the facts and circumstances available to the court at the time of the
54 hearing held in accordance with this section; and
55 (iii) where appropriate, whether reasonable efforts were made prior to
56 the date of the court hearing that resulted in the detention order, to
A. 6006 66
1 prevent or eliminate the need for removal of the child from his or her
2 home or, if the child had been removed from his or her home prior to the
3 court appearance pursuant to this section, where appropriate, whether
4 reasonable efforts were made to make it possible for the child to safely
5 return home; and
6 (iv) whether the setting of the detention takes into account the prox-
7 imity to the community in which the person alleged to be or adjudicated
8 as a person in need of supervision lives with such person's parents or
9 to which such person will be discharged, and the existing educational
10 setting of such person and the proximity of such setting to the location
11 of the detention setting.
12 § 35. Section 735 of the family court act, as added by section 7 of
13 part E of chapter 57 of the laws of 2005, subdivision (b) as amended by
14 chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d) as
15 amended by chapter 535 of the laws of 2011, is amended to read as
16 follows:
17 § 735. Preliminary procedure; diversion services. (a) Each county and
18 any city having a population of one million or more shall offer diver-
19 sion services as defined in section seven hundred twelve of this article
20 to youth who are at risk of being the subject of a person in need of
21 supervision petition. Such services shall be designed to provide an
22 immediate response to families in crisis, to identify and utilize appro-
23 priate alternatives to detention and to divert youth from being the
24 subject of a petition in family court. Each county and such city shall
25 designate either the local social services district or the probation
26 department as lead agency for the purposes of providing diversion
27 services.
28 (b) The designated lead agency shall:
29 (i) confer with any person seeking to file a petition, the youth who
30 may be a potential respondent, his or her family, and other interested
31 persons, concerning the provision of diversion services before any peti-
32 tion may be filed; and
33 (ii) diligently attempt to prevent the filing of a petition under this
34 article or, after the petition is filed, to prevent the placement of the
35 youth into foster care in accordance with section seven hundred fifty-
36 six of this article; and
37 (iii) assess whether the youth would benefit from residential respite
38 services; and
39 (iv) assess whether the youth is a sexually exploited child as defined
40 in section four hundred forty-seven-a of the social services law and, if
41 so, whether such youth should be referred to a safe house; and
42 (v) determine whether alternatives to detention are appropriate to
43 avoid remand of the youth to detention;
44 (vi) determine whether the youth and his or her family should be
45 referred to an available family support center;
46 (vii) assess whether remaining in the home would cause the continua-
47 tion or worsening of the circumstances that created the need for a peti-
48 tion to be sought, or create a safety risk to the child or the child's
49 family; and
50 [(v)] (viii) determine whether an assessment of the youth for
51 substance use disorder by an office of alcoholism and substance abuse
52 services certified provider is necessary when a person seeking to file a
53 petition alleges in such petition that the youth is suffering from a
54 substance use disorder which could make the youth a danger to himself or
55 herself or others. Provided, however, that notwithstanding any other
56 provision of law to the contrary, the designated lead agency shall not
A. 6006 67
1 be required to pay for all or any portion of the costs of such assess-
2 ment or for any substance use disorder or detoxification services,
3 except in cases where medical assistance for needy persons may be used
4 to pay for all or any portion of the costs of such assessment or
5 services. The office of alcoholism and substance abuse services shall
6 make a list of its certified providers available to the designated lead
7 agency.
8 (c) Any person or agency seeking to file a petition pursuant to this
9 article which does not have attached thereto the documentation required
10 by subdivision (g) of this section shall be referred by the clerk of the
11 court to the designated lead agency which shall schedule and hold, on
12 reasonable notice to the potential petitioner, the youth and his or her
13 parent or other person legally responsible for his or her care, at least
14 one conference in order to determine the factual circumstances and
15 determine whether the youth and his or her family should receive diver-
16 sion services pursuant to this section. Diversion services shall include
17 clearly documented diligent attempts to provide appropriate services to
18 the youth and his or her family unless it is determined that there is no
19 substantial likelihood that the youth and his or her family will benefit
20 from further diversion attempts. Notwithstanding the provisions of
21 section two hundred sixteen-c of this act, the clerk shall not accept
22 for filing under this part any petition that does not have attached
23 thereto the documentation required by subdivision (g) of this section.
24 (d) Diversion services shall include documented diligent attempts to
25 engage the youth and his or her family in appropriately targeted commu-
26 nity-based services, but shall not be limited to:
27 (i) providing, at the first contact, information on the availability
28 of or a referral to services in the geographic area where the youth and
29 his or her family are located that may be of benefit in avoiding the
30 need to file a petition under this article; including the availability,
31 for up to twenty-one days, of a residential respite program, if the
32 youth and his or her parent or other person legally responsible for his
33 or her care agree, and the availability of other non-residential crisis
34 intervention programs such as a family support center, family crisis
35 counseling or alternative dispute resolution programs or an educational
36 program as defined in section four hundred fifty-eight-l of the social
37 services law.
38 (ii) scheduling and holding at least one conference with the youth and
39 his or her family and the person or representatives of the entity seek-
40 ing to file a petition under this article concerning alternatives to
41 filing a petition and services that are available. Diversion services
42 shall include clearly documented diligent attempts to provide appropri-
43 ate services to the youth and his or her family before it may be deter-
44 mined that there is no substantial likelihood that the youth and his or
45 her family will benefit from further attempts.
46 (iii) where the entity seeking to file a petition is a school district
47 or local educational agency, the designated lead agency shall review the
48 steps taken by the school district or local educational agency to
49 improve the youth's attendance and/or conduct in school and attempt to
50 engage the school district or local educational agency in further diver-
51 sion attempts, if it appears from review that such attempts will be
52 beneficial to the youth.
53 (e) The designated lead agency shall maintain a written record with
54 respect to each youth and his or her family for whom it considers
55 providing or provides diversion services pursuant to this section. The
56 record shall be made available to the court at or prior to the initial
A. 6006 68
1 appearance of the youth in any proceeding initiated pursuant to this
2 article.
3 (f) Efforts to prevent the filing of a petition pursuant to this
4 section may extend until the designated lead agency determines that
5 there is no substantial likelihood that the youth and his or her family
6 will benefit from further attempts. Efforts at diversion pursuant to
7 this section may continue after the filing of a petition where the
8 designated lead agency determines that the youth and his or her family
9 will benefit from further attempts to prevent the youth from entering
10 foster care in accordance with section seven hundred fifty-six of this
11 article.
12 (g) (i) The designated lead agency shall promptly give written notice
13 to the potential petitioner whenever attempts to prevent the filing of a
14 petition have terminated, and shall indicate in such notice whether
15 efforts were successful. The notice shall also detail the diligent
16 attempts made to divert the case if a determination has been made that
17 there is no substantial likelihood that the youth will benefit from
18 further attempts. No persons in need of supervision petition may be
19 filed pursuant to this article during the period the designated lead
20 agency is providing diversion services. A finding by the designated lead
21 agency that the case has been successfully diverted shall constitute
22 presumptive evidence that the underlying allegations have been success-
23 fully resolved in any petition based upon the same factual allegations.
24 No petition may be filed pursuant to this article by the parent or other
25 person legally responsible for the youth where diversion services have
26 been terminated because of the failure of the parent or other person
27 legally responsible for the youth to consent to or actively participate.
28 (ii) The clerk of the court shall accept a petition for filing only if
29 it has attached thereto the following:
30 (A) if the potential petitioner is the parent or other person legally
31 responsible for the youth, a notice from the designated lead agency
32 indicating there is no bar to the filing of the petition as the poten-
33 tial petitioner consented to and actively participated in diversion
34 services; and
35 (B) a notice from the designated lead agency stating that it has
36 terminated diversion services because it has determined that there is no
37 substantial likelihood that the youth and his or her family will benefit
38 from further attempts, and that the case has not been successfully
39 diverted.
40 (h) No statement made to the designated lead agency or to any agency
41 or organization to which the potential respondent, prior to the filing
42 of the petition, or if the petition has been filed, prior to the time
43 the respondent has been notified that attempts at diversion will not be
44 made or have been terminated, or prior to the commencement of a fact-
45 finding hearing if attempts at diversion have not terminated previously,
46 may be admitted into evidence at a fact-finding hearing or, if the
47 proceeding is transferred to a criminal court, at any time prior to a
48 conviction.
49 § 36. Subdivision (b) of section 742 of the family court act, as
50 amended by section 9 of part E of chapter 57 of the laws of 2005, is
51 amended to read as follows:
52 (b) At the initial appearance of the respondent, the court shall
53 review any termination of diversion services pursuant to such section,
54 and the documentation of diligent attempts to provide appropriate
55 services and determine whether such efforts or services provided are
56 sufficient [and]. The court may, at any time, subject to the provisions
A. 6006 69
1 of section seven hundred forty-eight of this article, order that addi-
2 tional diversion attempts be undertaken by the designated lead agency.
3 The court may order the youth and the parent or other person legally
4 responsible for the youth to participate in diversion services. If the
5 designated lead agency thereafter determines that the case has been
6 successfully resolved, it shall so notify the court, and the court shall
7 dismiss the petition.
8 § 37. Subdivision (a) of section 749 of the family court act, as
9 amended by section 4 of part V of chapter 55 of the laws of 2012, is
10 amended to read as follows:
11 (a) (i) Upon or after a fact-finding hearing, the court may, upon its
12 own motion or upon a motion of a party to the proceeding, order that the
13 proceeding be "adjourned in contemplation of dismissal". An adjournment
14 in contemplation of dismissal is an adjournment of the proceeding, for a
15 period not to exceed six months with a view to ultimate dismissal of the
16 petition in furtherance of justice. Upon issuing such an order, upon
17 such permissible terms and conditions as the rules of court shall
18 define, the court must release the individual.
19 (ii) The court may, as a condition of an adjournment in contemplation
20 of dismissal order: (A) in cases where the record indicates that the
21 consumption of alcohol may have been a contributing factor, require the
22 respondent to attend and complete an alcohol awareness program estab-
23 lished pursuant to section 19.25 of the mental hygiene law; or (B) in
24 cases where the record indicates that cyberbullying or sexting was the
25 basis of the petition, require an eligible person to complete an educa-
26 tion reform program in accordance with section four hundred
27 fifty-eight-l of the social services law; or (C) participate in services
28 including but not limited to those provided by family support centers.
29 (iii) Upon application of the petitioner, or upon the court's own
30 motion, made at any time during the duration of the order, the court may
31 restore the matter to the calendar. If the proceeding is not so
32 restored, the petition is at the expiration of the order, deemed to have
33 been dismissed by the court in furtherance of justice.
34 § 38. Section 751 of the family court act, as amended by chapter 100
35 of the laws of 1993, is amended to read as follows:
36 § 751. Order dismissing petition. If the allegations of a petition
37 under this article are not established, the court shall dismiss the
38 petition. The court may in its discretion dismiss a petition under this
39 article, in the interests of justice where attempts have been made to
40 adjust the case as provided for in sections seven hundred thirty-five
41 and seven hundred forty-two of this article and the probation service
42 has exhausted its efforts to successfully adjust such case as a result
43 of the petition's failure to provide reasonable assistance to the
44 probation service. In dismissing a petition pursuant to this section,
45 the court shall consider whether a referral of services would be appro-
46 priate to meet the needs of the respondent and his or her family.
47 § 39. Section 754 of the family court act, subdivision 1 as designated
48 by chapter 878 of the laws of 1976, paragraph (c) of subdivision 1 as
49 amended by section 4 of part V of chapter 383 of the laws of 2001, the
50 closing paragraph of subdivision 1 as added by section 5 of part V of
51 chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
52 the laws of 1999, is amended to read as follows:
53 § 754. Disposition on adjudication of person in need of supervision.
54 1. Upon an adjudication of person in need of supervision, the court
55 shall enter an order of disposition:
56 (a) Discharging the respondent with warning;
A. 6006 70
1 (b) Suspending judgment in accord with section seven hundred fifty-
2 five of this part;
3 (c) Continuing the proceeding and placing the respondent in accord
4 with section seven hundred fifty-six of this part; provided, however,
5 that the court shall not place the respondent in accord with section
6 seven hundred fifty-six where the respondent is sixteen years of age or
7 older, unless the court determines and states in its order that special
8 circumstances exist to warrant such placement; or
9 (d) Putting the respondent on probation in accord with section seven
10 hundred fifty-seven of this part.
11 The court may order an eligible person to complete an education reform
12 program in accordance with section four hundred fifty-eight-l of the
13 social services law, as part of a disposition pursuant to paragraph (a),
14 (b) or (d) of this subdivision. The court may also order services,
15 including those provided by a family support center, as part of a dispo-
16 sition pursuant to paragraph (a), (b) or (d) of this subdivision.
17 2. (a) Notwithstanding any other provision of law to the contrary, the
18 court shall not order placement with the local commissioner of social
19 services pursuant to section seven hundred fifty-six of this part unless
20 the court finds and states in writing that:
21 (i) no appropriate suitable relative or suitable private person is
22 available for placement pursuant to section seven hundred fifty-six of
23 this part; and
24 (ii) placement in the child's home would not be appropriate because
25 such placement would:
26 (A) continue or worsen the circumstances alleged in the underlying
27 petition or,
28 (B) create a safety risk to the child or the child's family.
29 (b) The order shall state the court's reasons for the particular
30 disposition. If the court places the child in accordance with section
31 seven hundred fifty-six of this part, the court in its order shall
32 determine: (i) whether continuation in the child's home would be contra-
33 ry to the best interest of the child and where appropriate, that reason-
34 able efforts were made prior to the date of the dispositional hearing
35 held pursuant to this article to prevent or eliminate the need for
36 removal of the child from his or her home and, if the child was removed
37 from his or her home prior to the date of such hearing, that such
38 removal was in the child's best interest and, where appropriate, reason-
39 able efforts were made to make it possible for the child to return safe-
40 ly home. If the court determines that reasonable efforts to prevent or
41 eliminate the need for removal of the child from the home were not made
42 but that the lack of such efforts was appropriate under the circum-
43 stances, the court order shall include such a finding; and (ii) in the
44 case of a child who has attained the age of sixteen, the services need-
45 ed, if any, to assist the child to make the transition from foster care
46 to independent living. Nothing in this subdivision shall be construed to
47 modify the standards for directing detention set forth in section seven
48 hundred thirty-nine of this article.
49 [(b)] (c) For the purpose of this section, reasonable efforts to
50 prevent or eliminate the need for removing the child from the home of
51 the child or to make it possible for the child to return safely to the
52 home of the child shall not be required where the court determines that:
53 (i) the parent of such child has subjected the child to aggravated
54 circumstances, as defined in subdivision (g) of section seven hundred
55 twelve of this article;
A. 6006 71
1 (ii) the parent of such child has been convicted of (A) murder in the
2 first degree as defined in section 125.27 or murder in the second degree
3 as defined in section 125.25 of the penal law and the victim was another
4 child of the parent; or (B) manslaughter in the first degree as defined
5 in section 125.20 or manslaughter in the second degree as defined in
6 section 125.15 of the penal law and the victim was another child of the
7 parent, provided, however, that the parent must have acted voluntarily
8 in committing such crime;
9 (iii) the parent of such child has been convicted of an attempt to
10 commit any of the crimes set forth in subparagraphs (i) and (ii) of this
11 paragraph, and the victim or intended victim was the child or another
12 child of the parent; or has been convicted of criminal solicitation as
13 defined in article one hundred, conspiracy as defined in article one
14 hundred five or criminal facilitation as defined in article one hundred
15 fifteen of the penal law for conspiring, soliciting or facilitating any
16 of the foregoing crimes, and the victim or intended victim was the child
17 or another child of the parent;
18 (iv) the parent of such child has been convicted of assault in the
19 second degree as defined in section 120.05, assault in the first degree
20 as defined in section 120.10 or aggravated assault upon a person less
21 than eleven years old as defined in section 120.12 of the penal law, and
22 the commission of one of the foregoing crimes resulted in serious phys-
23 ical injury to the child or another child of the parent;
24 (v) the parent of such child has been convicted in any other jurisdic-
25 tion of an offense which includes all of the essential elements of any
26 crime specified in subparagraph (ii), (iii) or (iv) of this paragraph,
27 and the victim of such offense was the child or another child of the
28 parent; or
29 (vi) the parental rights of the parent to a sibling of such child have
30 been involuntarily terminated;
31 unless the court determines that providing reasonable efforts would be
32 in the best interests of the child, not contrary to the health and safe-
33 ty of the child, and would likely result in the reunification of the
34 parent and the child in the foreseeable future. The court shall state
35 such findings in its order.
36 If the court determines that reasonable efforts are not required
37 because of one of the grounds set forth above, a permanency hearing
38 shall be held within thirty days of the finding of the court that such
39 efforts are not required. At the permanency hearing, the court shall
40 determine the appropriateness of the permanency plan prepared by the
41 social services official which shall include whether and when the child:
42 (A) will be returned to the parent; (B) should be placed for adoption
43 with the social services official filing a petition for termination of
44 parental rights; (C) should be referred for legal guardianship; (D)
45 should be placed permanently with a fit and willing relative; or (E)
46 should be placed in another planned permanent living arrangement if the
47 social services official has documented to the court a compelling reason
48 for determining that it would not be in the best interest of the child
49 to return home, be referred for termination of parental rights and
50 placed for adoption, placed with a fit and willing relative, or placed
51 with a legal guardian. The social services official shall thereafter
52 make reasonable efforts to place the child in a timely manner and to
53 complete whatever steps are necessary to finalize the permanent place-
54 ment of the child as set forth in the permanency plan approved by the
55 court. If reasonable efforts are determined by the court not to be
56 required because of one of the grounds set forth in this paragraph, the
A. 6006 72
1 social services official may file a petition for termination of parental
2 rights in accordance with section three hundred eighty-four-b of the
3 social services law.
4 [(c)] (d) For the purpose of this section, in determining reasonable
5 efforts to be made with respect to a child, and in making such reason-
6 able efforts, the child's health and safety shall be the paramount
7 concern.
8 [(d)] (e) For the purpose of this section, a sibling shall include a
9 half-sibling.
10 § 40. Section 755 of the family court act, subdivision (a) as amended
11 by chapter 124 of the laws of 1993, is amended to read as follows:
12 § 755. Suspended judgment. (a) Rules of court shall define permissible
13 terms and conditions of a suspended judgment. The court may order as a
14 condition of a suspended judgment restitution or services for public
15 good pursuant to section seven hundred fifty-eight-a, and[, except when
16 the respondent has been assigned to a facility in accordance with subdi-
17 vision four of section five hundred four of the executive law,] in cases
18 wherein the record indicates that the consumption of alcohol by the
19 respondent may have been a contributing factor, the court may order
20 attendance at and completion of an alcohol awareness program established
21 pursuant to section 19.25 of the mental hygiene law.
22 (b) The maximum duration of any term or condition of a suspended judg-
23 ment is one year, unless the court finds at the conclusion of that peri-
24 od that exceptional circumstances require an additional period of one
25 year.
26 § 41. Section 756 of the family court act, as amended by chapter 920
27 of the laws of 1982, paragraph (i) of subdivision (a) as amended by
28 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
29 of subdivision (a) as amended by section 11 of part G of chapter 58 of
30 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
31 1999, and subdivision (c) as amended by section 10 of part E of chapter
32 57 of the laws of 2005, is amended to read as follows:
33 § 756. Placement. (a) (i) For purposes of section seven hundred
34 fifty-four, the court may place the child in its own home or in the
35 custody of a suitable relative or other suitable private person [or a
36 commissioner of social services], subject to the orders of the court.
37 (ii) Where the child is placed with the commissioner of the local
38 social services district, the court may direct the commissioner to place
39 the child with an authorized agency or class of authorized agencies,
40 including, if the court finds that the respondent is a sexually
41 exploited child as defined in subdivision one of section four hundred
42 forty-seven-a of the social services law, an available long-term safe
43 house. Unless the dispositional order provides otherwise, the court so
44 directing shall include one of the following alternatives to apply in
45 the event that the commissioner is unable to so place the child:
46 (1) the commissioner shall apply to the court for an order to stay,
47 modify, set aside, or vacate such directive pursuant to the provisions
48 of section seven hundred sixty-two or seven hundred sixty-three; or
49 (2) the commissioner shall return the child to the family court for a
50 new dispositional hearing and order.
51 (b) Placements under this section may be for an initial period of
52 [twelve months] ninety days. The court may extend a placement pursuant
53 to section seven hundred fifty-six-a. In its discretion, the court may
54 recommend restitution or require services for public good pursuant to
55 section seven hundred fifty-eight-a in conjunction with an order of
56 placement. [For the purposes of calculating the initial period of
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1 placement, such placement shall be deemed to have commenced sixty days
2 after the date the child was removed from his or her home in accordance
3 with the provisions of this article.] If the respondent has been in
4 detention pending disposition, the initial period of placement ordered
5 under this section shall be credited with and diminished by the amount
6 of time spent by the respondent in detention prior to the commencement
7 of the placement unless the court finds that all or part of such credit
8 would not serve the best interests of the respondent.
9 (c) [A placement pursuant to this section with the commissioner of
10 social services shall not be directed in any detention facility, but
11 the] The court may direct detention pending transfer to a placement
12 authorized and ordered under this section for no more than [than
13 fifteen] ten days after such order of placement is made. Such direction
14 shall be subject to extension pursuant to subdivision three of section
15 three hundred ninety-eight of the social services law, upon written
16 documentation to the office of children and family services that the
17 youth is in need of specialized treatment or placement and the diligent
18 efforts by the commissioner of social services to locate an appropriate
19 placement.
20 § 42. Section 756-a of the family court act, as added by chapter 604
21 of the laws of 1986, subdivision (a) as amended by chapter 309 of the
22 laws of 1996, subdivisions (b) and (d) as amended and subdivision (d-1)
23 as added by section 4 of part B of chapter 327 of the laws of 2007, and
24 subdivisions (c) and (e) as amended by chapter 7 of the laws of 1999, is
25 amended to read as follows:
26 § 756-a. Extension of placement. (a) In any case in which the child
27 has been placed pursuant to section seven hundred fifty-six, the child,
28 the person with whom the child has been placed or the commissioner of
29 social services may petition the court to extend such placement. Such
30 petition shall be filed at least [sixty] thirty days prior to the expi-
31 ration of the period of placement, except for good cause shown, but in
32 no event shall such petition be filed after the original expiration
33 date.
34 (b) The court shall conduct a permanency hearing concerning the need
35 for continuing the placement. The child, the person with whom the child
36 has been placed and the commissioner of social services shall be noti-
37 fied of such hearing and shall have the right to be heard thereat.
38 (c) The provisions of section seven hundred forty-five shall apply at
39 such permanency hearing. If the petition is filed within [sixty] thirty
40 days prior to the expiration of the period of placement, the court shall
41 first determine at such permanency hearing whether good cause has been
42 shown. If good cause is not shown, the court shall dismiss the petition.
43 (d) At the conclusion of the permanency hearing the court may, in its
44 discretion, order an extension of the placement for not more than [one
45 year] ninety days. The court must consider and determine in its order:
46 (i) where appropriate, that reasonable efforts were made to make it
47 possible for the child to safely return to his or her home, or if the
48 permanency plan for the child is adoption, guardianship or some other
49 permanent living arrangement other than reunification with the parent or
50 parents of the child, reasonable efforts are being made to make and
51 finalize such alternate permanent placement including consideration of
52 appropriate in-state and out-of-state placements;
53 (ii) in the case of a child who has attained the age of sixteen, the
54 services needed, if any, to assist the child to make the transition from
55 foster care to independent living;
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1 (iii) in the case of a child placed outside New York state, whether
2 the out-of-state placement continues to be appropriate and in the best
3 interests of the child; and
4 (iv) whether and when the child: (A) will be returned to the parent;
5 (B) should be placed for adoption with the social services official
6 filing a petition for termination of parental rights; (C) should be
7 referred for legal guardianship; (D) should be placed permanently with a
8 fit and willing relative; or (E) should be placed in another planned
9 permanent living arrangement if the social services official has docu-
10 mented to the court a compelling reason for determining that it would
11 not be in the best interest of the child to return home, be referred for
12 termination of parental rights and placed for adoption, placed with a
13 fit and willing relative, or placed with a legal guardian; and where the
14 child will not be returned home, consideration of appropriate in-state
15 and out-of-state placements.
16 (d-1) At the permanency hearing, the court shall consult with the
17 respondent in an age-appropriate manner regarding the permanency plan.
18 (e) Pending final determination of a petition to extend such placement
19 filed in accordance with the provisions of this section, the court may,
20 on its own motion or at the request of the petitioner or respondent,
21 enter one or more temporary orders extending a period of placement not
22 to exceed thirty days upon satisfactory proof showing probable cause for
23 continuing such placement and that each temporary order is necessary.
24 The court may order additional temporary extensions, not to exceed a
25 total of fifteen days, if the court is unable to conclude the hearing
26 within the thirty day temporary extension period. In no event shall the
27 aggregate number of days in extensions granted or ordered under this
28 subdivision total more than forty-five days. The petition shall be
29 dismissed if a decision is not rendered within the period of placement
30 or any temporary extension thereof. Notwithstanding any provision of law
31 to the contrary, the initial permanency hearing shall be held within
32 [twelve months of the date the child was placed into care] a reasonable
33 period of time prior to the expiration of the initial period of place-
34 ment pursuant to section seven hundred fifty-six [of this article] and
35 no later than every twelve months thereafter. [For the purposes of this
36 section, the date the child was placed into care shall be sixty days
37 after the child was removed from his or her home in accordance with the
38 provisions of this section.]
39 (f) Successive extensions of placement under this section may be
40 granted, but no placement may be made or continued beyond the child's
41 eighteenth birthday without his or her consent and in no event past his
42 or her twenty-first birthday.
43 § 43. Section 757 of the family court act is amended by adding a new
44 subdivision (e) to read as follows:
45 (e) The court may order services deemed appropriate to address the
46 circumstances alleged in the underlying petition including services
47 provided by family support centers.
48 § 44. Section 758-a of the family court act, as amended by chapter 73
49 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws
50 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
51 laws of 2007, subdivision 2 as amended by chapter 309 of the laws of
52 1996, and subdivision 3 as separately amended by chapter 568 of the laws
53 of 1979, is amended to read as follows:
54 § 758-a. Restitution. 1. In cases involving acts of [infants] children
55 over [ten] twelve and less than [sixteen] eighteen years of age, the
56 court may
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1 (a) recommend as a condition of placement, or order as a condition of
2 probation or suspended judgment, restitution in an amount representing a
3 fair and reasonable cost to replace the property or repair the damage
4 caused by the [infant] child, not, however, to exceed one thousand
5 dollars. [In the case of a placement, the court may recommend that the
6 infant pay out of his or her own funds or earnings the amount of
7 replacement or damage, either in a lump sum or in periodic payments in
8 amounts set by the agency with which he is placed, and in the case of
9 probation or suspended judgment, the] The court may require that the
10 [infant] child pay out of his or her own funds or earnings the amount of
11 replacement or damage, either in a lump sum or in periodic payments in
12 amounts set by the court; and/or
13 (b) order as a condition of placement, probation, or suspended judg-
14 ment, services for the public good including in the case of a crime
15 involving willful, malicious, or unlawful damage or destruction to real
16 or personal property maintained as a cemetery plot, grave, burial place,
17 or other place of interment of human remains, services for the mainte-
18 nance and repair thereof, taking into consideration the age and physical
19 condition of the [infant] child.
20 2. If the court recommends restitution or requires services for the
21 public good in conjunction with an order of placement pursuant to
22 section seven hundred fifty-six, the placement shall be made only to an
23 authorized agency which has adopted rules and regulations for the super-
24 vision of such a program, which rules and regulations shall be subject
25 to the approval of the state department of social services. Such rules
26 and regulations shall include, but not be limited to provisions (i)
27 assuring that the conditions of work, including wages, meet the stand-
28 ards therefor prescribed pursuant to the labor law; (ii) affording
29 coverage to the child under the workers' compensation law as an employee
30 of such agency, department or institution; (iii) assuring that the enti-
31 ty receiving such services shall not utilize the same to replace its
32 regular employees; and (iv) providing for reports to the court not less
33 frequently than every six months, unless the order provides otherwise.
34 3. If the court requires restitution or services for the public good
35 as a condition of probation or suspended judgment, it shall provide that
36 an agency or person supervise the restitution or services and that such
37 agency or person report to the court not less frequently than every six
38 months, unless the order provides otherwise. Upon the written notice
39 sent by a school district to the court and the appropriate probation
40 department or agency which submits probation recommendations or reports
41 to the court, the court may provide that such school district shall
42 supervise the performance of services for the public good.
43 4. The court, upon receipt of the reports provided for in subdivision
44 two or three of this section may, on its own motion or the motion of any
45 party or the agency, hold a hearing to determine whether the placement
46 should be altered or modified.
47 § 45. Subdivision (f) of section 759 of the family court act, as
48 amended by section 11 of part E of chapter 57 of the laws of 2005, is
49 amended to read as follows:
50 (f) to participate in family counseling or other professional coun-
51 seling activities, or other services, including services provided by
52 family support centers, alternative dispute resolution services
53 conducted by an authorized person or an authorized agency to which the
54 youth has been referred or placed, deemed necessary for the rehabili-
55 tation of the youth, provided that such family counseling, other coun-
A. 6006 76
1 seling activity or other necessary services are not contrary to such
2 person's religious beliefs;
3 § 46. Section 768 of the family court act is amended to read as
4 follows:
5 § 768. Successive petitions. If a petition under section seven hundred
6 sixty-four is denied, it may not be renewed for a period of [ninety]
7 thirty days after the denial, unless the order of denial permits renewal
8 at an earlier time.
9 § 47. Section 153-k of the social services law is amended by adding
10 two new subdivisions 2-a and 2-b to read as follows:
11 2-a. Notwithstanding any other provision of law to the contrary, state
12 reimbursement shall be made available for one hundred percent of expend-
13 itures made by social services districts, exclusive of any federal funds
14 made available for such purposes, for preventive services, aftercare
15 services, independent living services and foster care services provided
16 to youth age sixteen years of age or older when such services would not
17 otherwise have been provided to such youth absent the provisions in a
18 chapter of the laws of two thousand fifteen that increased the age of
19 juvenile jurisdiction above fifteen years of age.
20 2-b. Notwithstanding any other provision of law to the contrary, state
21 reimbursement shall be made available for one hundred percent of expend-
22 itures made by social services districts, exclusive of any federal funds
23 made available for such purpose, for family support centers established
24 pursuant to title twelve of this article.
25 § 48. Subdivisions 5 and 6 of section 371 of the social services law,
26 subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi-
27 sion 6 as amended by chapter 596 of the laws of 2000, are amended to
28 read as follows:
29 5. "Juvenile delinquent" means a person [over seven and less than
30 sixteen years of age who does any act which, if done by an adult, would
31 constitute a crime] as defined in section 301.2 of the family court act.
32 6. "Person in need of supervision" means a person [less than eighteen
33 years of age who is habitually truant or who is incorrigible, ungoverna-
34 ble or habitually disobedient and beyond the lawful control of a parent
35 or other person legally responsible for such child's care, or other
36 lawful authority] as defined in section seven hundred twelve of the
37 family court act.
38 § 49. Article 6 of the social services law is amended by adding a new
39 title 12 to read as follows:
40 TITLE 12
41 FAMILY SUPPORT CENTERS
42 Section 458-m. Family support centers.
43 458-n. Funding for family support centers.
44 § 458-m. Family support centers. 1. As used in this title, the term
45 "family support center" shall mean a program established pursuant to
46 this title to provide community-based supportive services to youth at
47 risk of being, or alleged or adjudicated to be persons in need of super-
48 vision pursuant to article seven of the family court act, and their
49 families. Family support centers may also provide community-based
50 supportive services to youth who are alleged or adjudicated to be juve-
51 nile delinquents pursuant to article three of the family court act.
52 2. Family support centers shall provide comprehensive services to such
53 children and their families, either directly or through referrals with
54 partner agencies, including, but not limited to:
55 (a) rapid family assessments and screenings;
56 (b) crisis intervention;
A. 6006 77
1 (c) family mediation and skills building;
2 (d) mental and behavioral health services as defined in subdivision
3 fifty-eight of section 1.03 of the mental hygiene law including cogni-
4 tive interventions;
5 (e) case management;
6 (f) respite services; and
7 (g) other family support services.
8 3. To the extent practicable, the services that are provided shall be
9 trauma sensitive, family focused, gender-responsive, where appropriate,
10 and evidence and/or strength based and shall be tailored to the individ-
11 ualized needs of the child and family based on the assessments and
12 screenings conducted by such family support center.
13 4. Family support centers shall have the capacity to serve families
14 outside of regular business hours including evenings or weekends.
15 § 458-n. Funding for family support centers. 1. Notwithstanding any
16 other provision of law to the contrary, state reimbursement shall be
17 made available for one hundred percent of expenditures made by social
18 services districts, exclusive of any federal funds made available for
19 such purpose, for family support centers statewide.
20 2. Notwithstanding any other provision of law to the contrary, family
21 support centers shall be established in each social services district
22 throughout the state with the approval of the office of children and
23 family services, provided however that two or more social services
24 districts may join together to establish, operate and maintain a family
25 support center and may make and perform agreements in connection there-
26 with.
27 3. Social services districts may contract with not-for-profit corpo-
28 rations or utilize existing programs to operate family support centers
29 in accordance with the provisions of this title and the specific program
30 requirements issued by the office. Family support centers shall have
31 sufficient capacity to provide services to youth within the social
32 services district or districts who are at risk of becoming, alleged or
33 adjudicated to be persons in need of supervision pursuant to article
34 seven of the family court act, and their families. In addition, to the
35 extent practicable, family support centers may provide services to youth
36 who are alleged or adjudicated under article three of the family court
37 act.
38 4. Social services districts receiving funding under this title shall
39 report to the office of children and family services, in the form and
40 manner and at such times as determined by the office, on the performance
41 outcomes of any family support center located within such district that
42 receives funding under this title.
43 § 50. Subdivisions 3 and 11 of section 398 of the social services law,
44 subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph
45 (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
46 the laws of 2005, and subdivision 11 as added by chapter 514 of the laws
47 of 1976, are amended to read as follows:
48 3. As to delinquent children and persons in need of supervision:
49 (a) Investigate complaints as to alleged delinquency of a child.
50 (b) Bring such case of alleged delinquency when necessary before the
51 family court.
52 (c) Receive within fifteen days from the order of placement as a
53 public charge any delinquent child committed or placed or in the case of
54 a person in need of supervision placed, ten days, in his or her care by
55 the family court provided, however, that the commissioner of the social
56 services district with whom the child is placed may apply to the state
A. 6006 78
1 commissioner or his or her designee for approval of an additional
2 fifteen days, or in the case of a person in need of supervision, ten
3 days, upon written documentation to the office of children and family
4 services that the youth is in need of specialized treatment or placement
5 and the diligent efforts by the commissioner of social services to
6 locate an appropriate placement.
7 11. In the case of a child who is adjudicated a person in need of
8 supervision or a juvenile delinquent and is placed by the family court
9 with the [division for youth] office of children and family services and
10 who is placed by [the division for youth] such office with an authorized
11 agency pursuant to court order, the social services official shall make
12 expenditures in accordance with the regulations of the department for
13 the care and maintenance of such child during the term of such placement
14 subject to state reimbursement pursuant to section one hundred fifty-
15 three-k of this title[, or article nineteen-G of the executive law in
16 applicable cases].
17 § 51. Subdivision 8 of section 404 of the social services law, as
18 added by section 1 of subpart A of part G of chapter 57 of the laws of
19 2012, is amended to read as follows:
20 8. (a) Notwithstanding any other provision of law to the contrary[,]
21 except as provided for in paragraph (a-1) of this subdivision, eligible
22 expenditures during the applicable time periods made by a social
23 services district for an approved juvenile justice services close to
24 home initiative shall, if approved by the department of family assist-
25 ance, be subject to reimbursement with state funds only up to the extent
26 of an annual appropriation made specifically therefor, after first
27 deducting therefrom any federal funds properly received or to be
28 received on account thereof; provided, however, that when such funds
29 have been exhausted, a social services district may receive state
30 reimbursement from other available state appropriations for that state
31 fiscal year for eligible expenditures for services that otherwise would
32 be reimbursable under such funding streams. Any claims submitted by a
33 social services district for reimbursement for a particular state fiscal
34 year for which the social services district does not receive state
35 reimbursement from the annual appropriation for the approved close to
36 home initiative may not be claimed against that district's appropriation
37 for the initiative for the next or any subsequent state fiscal year.
38 (i) State funding for reimbursement shall be, subject to appropri-
39 ation, in the following amounts: for state fiscal year 2013-14,
40 $35,200,000 adjusted by any changes in such amount required by subpara-
41 graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15,
42 $41,400,000 adjusted to include the amount of any changes made to the
43 state fiscal year 2013-14 appropriation under subparagraphs (ii) and
44 (iii) of this paragraph plus any additional changes required by such
45 subparagraphs; and, such reimbursement shall be, subject to appropri-
46 ation, for all subsequent state fiscal years in the amount of the prior
47 year's actual appropriation adjusted by any changes required by subpara-
48 graphs (ii) and (iii) of this paragraph.
49 (ii) The reimbursement amounts set forth in subparagraph (i) of this
50 paragraph shall be increased or decreased by the percentage that the
51 average of the most recently approved maximum state aid rates for group
52 residential foster care programs is higher or lower than the average of
53 the approved maximum state aid rates for group residential foster care
54 programs in existence immediately prior to the most recently approved
55 rates.
A. 6006 79
1 (iii) The reimbursement amounts set forth in subparagraph (i) of this
2 paragraph shall be increased if either the population of alleged juve-
3 nile delinquents who receive a probation intake or the total population
4 of adjudicated juvenile delinquents placed on probation combined with
5 the population of adjudicated juvenile delinquents placed out of their
6 homes in a setting other than a secure facility pursuant to section
7 352.2 of the family court act, increases by at least ten percent over
8 the respective population in the annual baseline year. The baseline year
9 shall be the period from July first, two thousand ten through June thir-
10 tieth, two thousand eleven or the most recent twelve month period for
11 which there is complete data, whichever is later. In each successive
12 year, the population of the previous July first through June thirtieth
13 period shall be compared to the baseline year for determining any
14 adjustments to a state fiscal year appropriation. When either population
15 increases by ten percent or more, the reimbursement will be adjusted by
16 a percentage equal to the larger of the percentage increase in either
17 the number of probation intakes for alleged juvenile delinquents or the
18 total population of adjudicated juvenile delinquents placed on probation
19 combined with the population of adjudicated juvenile delinquents placed
20 out of their homes in a setting other than a secure facility pursuant to
21 section 352.2 of the family court act.
22 (iv) The social services district and/or the New York city department
23 of probation shall provide an annual report including the data required
24 to calculate the population adjustment to the New York city office of
25 management and budget, the division of criminal justice services and the
26 state division of the budget no later than the first day of September
27 following the close of the previous July first through June thirtieth
28 period.
29 (a-1) State reimbursement shall be made available for one hundred
30 percent of eligible expenditures made by a social services district,
31 exclusive of any federal funds made available for such purposes, for
32 approved juvenile justice services under an approved close to home
33 initiative provided to youth age sixteen years of age or older when such
34 services would not otherwise have been provided to such youth absent the
35 provisions in a chapter of the laws of two thousand fifteen that
36 increased the age of juvenile jurisdiction above fifteen years of age.
37 (b) The department of family assistance is authorized, in its
38 discretion, to make advances to a social services district in antic-
39 ipation of the state reimbursement provided for in this section.
40 (c) A social services district shall conduct eligibility determi-
41 nations for federal and state funding and submit claims for reimburse-
42 ment in such form and manner and at such times and for such periods as
43 the department of family assistance shall determine.
44 (d) Notwithstanding any inconsistent provision of law or regulation of
45 the department of family assistance, state reimbursement shall not be
46 made for any expenditure made for the duplication of any grant or allow-
47 ance for any period.
48 (e) Claims submitted by a social services district for reimbursement
49 shall be paid after deducting any expenditures defrayed by fees, third
50 party reimbursement, and any non-tax levy funds including any donated
51 funds.
52 (f) The office of children and family services shall not reimburse any
53 claims for expenditures for residential services that are submitted more
54 than twenty-two months after the calendar quarter in which the expendi-
55 tures were made.
A. 6006 80
1 (g) Notwithstanding any other provision of law, the state shall not be
2 responsible for reimbursing a social services district and a district
3 shall not seek state reimbursement for any portion of any state disal-
4 lowance or sanction taken against the social services district, or any
5 federal disallowance attributable to final federal agency decisions or
6 to settlements made, when such disallowance or sanction results from the
7 failure of the social services district to comply with federal or state
8 requirements, including, but not limited to, failure to document eligi-
9 bility for the federal or state funds in the case record. To the extent
10 that the social services district has sufficient claims other than those
11 that are subject to disallowance or sanction to draw down the full annu-
12 al appropriation, such disallowance or sanction shall not result in a
13 reduction in payment of state funds to the district unless the district
14 requests that the department use a portion of the appropriation toward
15 meeting the district's responsibility to repay the federal government
16 for the disallowance or sanction and any related interest payments.
17 (h) Rates for residential services. (i) The office shall establish the
18 rates, in accordance with section three hundred ninety-eight-a of this
19 chapter, for any non-secure facilities established under an approved
20 juvenile justice services close to home initiative. For any such non-se-
21 cure facility that will be used primarily by the social services
22 district with an approved close to home initiative, final authority for
23 establishment of such rates and any adjustments thereto shall reside
24 with the office, but such rates and any adjustments thereto shall be
25 established only upon the request of, and in consultation with, such
26 social services district.
27 (ii) A social services district with an approved juvenile justice
28 services close to home initiative for juvenile delinquents placed in
29 limited secure settings shall have the authority to establish and
30 adjust, on an annual or regular basis, maintenance rates for limited
31 secure facilities providing residential services under such initiative.
32 Such rates shall not be subject to the provisions of section three
33 hundred ninety-eight-a of this chapter but shall be subject to maximum
34 cost limits established by the office of children and family services.
35 § 52. Paragraph (a) of subdivision 1 of section 409-a of the social
36 services law, as amended by chapter 87 of the laws of 1993, subparagraph
37 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
38 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
39 amended to read as follows:
40 (a) A social services official shall provide preventive services to a
41 child and his or her family, in accordance with the family's service
42 plan as required by section four hundred nine-e of this chapter and the
43 social services district's child welfare services plan submitted and
44 approved pursuant to section four hundred nine-d of this chapter, upon a
45 finding by such official that [(i)] the child will be placed, returned
46 to or continued in foster care unless such services are provided and
47 that it is reasonable to believe that by providing such services the
48 child will be able to remain with or be returned to his or her family,
49 and for a former foster care youth under the age of twenty-one who was
50 previously placed in the care and custody or custody and guardianship of
51 the local commissioner of social services or other officer, board or
52 department authorized to receive children as public charges where it is
53 reasonable to believe that by providing such services the former foster
54 care youth will avoid a return to foster care or (ii) the child is the
55 subject of a petition under article seven of the family court act, [or
56 has been determined by the assessment service established pursuant to
A. 6006 81
1 section two hundred forty-three-a of the executive law,] or by the
2 probation service where no such assessment service has been designated,
3 to be at risk of being the subject of such a petition, and the social
4 services official determines that the child is at risk of placement into
5 foster care. Such finding shall be entered in the child's uniform case
6 record established and maintained pursuant to section four hundred
7 nine-f of this chapter. The commissioner shall promulgate regulations to
8 assist social services officials in making determinations of eligibility
9 for mandated preventive services pursuant to this [subparagraph] para-
10 graph.
11 § 53. Section 30.00 of the penal law, as amended by chapter 481 of the
12 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
13 is amended to read as follows:
14 § 30.00 Infancy.
15 1. Except as provided in [subdivision] subdivisions two and three of
16 this section, a person less than [sixteen years old] eighteen years old
17 is not criminally responsible for conduct.
18 2. A person thirteen, fourteen [or], fifteen, sixteen or seventeen
19 years of age is criminally responsible for acts constituting murder in
20 the second degree as defined in subdivisions one and two of section
21 125.25 and in subdivision three of such section provided that the under-
22 lying crime for the murder charge is one for which such person is crimi-
23 nally responsible or for such conduct as a sexually motivated felony,
24 where authorized pursuant to section 130.91 [of the penal law], except
25 that, in the case of a person thirteen, fourteen or fifteen years of
26 age, the person is only criminally responsible pursuant to this subdivi-
27 sion if such action against him or her was ordered removed from a family
28 court to a superior criminal court pursuant to section 325.5 of the
29 family court act and section 726.05 of the criminal procedure law; and a
30 person fourteen [or], fifteen, sixteen or seventeen years of age is
31 criminally responsible for acts constituting the crimes defined in
32 section 135.25 (kidnapping in the first degree); 150.20 (arson in the
33 first degree); subdivisions one and two of section 120.10 (assault in
34 the first degree); 125.20 (manslaughter in the first degree); subdivi-
35 sions one and two of section 130.35 (rape in the first degree); subdivi-
36 sions one and two of section 130.50 (criminal sexual act in the first
37 degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
38 (burglary in the first degree); subdivision one of section 140.25
39 (burglary in the second degree); 150.15 (arson in the second degree);
40 160.15 (robbery in the first degree); subdivision two of section 160.10
41 (robbery in the second degree) of this chapter; or section 265.03 of
42 this chapter, where such machine gun or such firearm is possessed on
43 school grounds, as that phrase is defined in subdivision fourteen of
44 section 220.00 of this chapter; or defined in this chapter as an attempt
45 to commit murder in the second degree or kidnapping in the first degree,
46 or for such conduct as a sexually motivated felony, where authorized
47 pursuant to section 130.91 [of the penal law], except that, in the case
48 of a person thirteen, fourteen or fifteen years of age, the person is
49 only criminally responsible pursuant to this subdivision if such action
50 against him or her was ordered removed from a family court to a superior
51 criminal court pursuant to section 325.5 of the family court act and
52 section 726.05 of the criminal procedure law.
53 3. A person sixteen or seventeen years of age is criminally responsi-
54 ble for acts constituting the crimes defined in section 490.25 (crime of
55 terrorism); 490.45 (criminal possession of a chemical weapon or biolog-
56 ical weapon in the first degree); 490.55 (criminal use of a chemical
A. 6006 82
1 weapon or biological weapon in the first degree); 490.50 (criminal use
2 of a chemical weapon or a biological weapon in the second degree);
3 135.25 (kidnapping in the first degree); 125.25 (murder in the second
4 degree); 130.95 (predatory sexual assault) of this chapter.
5 4. In any prosecution for an offense, lack of criminal responsibility
6 by reason of infancy, as defined in this section, is a defense.
7 § 54. Section 60.10 of the penal law, as amended by chapter 411 of the
8 laws of 1979, is amended to read as follows:
9 § 60.10 Authorized disposition; juvenile offender.
10 1. When a juvenile offender is convicted of a crime, the court shall
11 sentence the defendant to imprisonment in accordance with section 70.05
12 or sentence [him] the defendant upon a youthful offender finding in
13 accordance with section 60.02 of this chapter.
14 2. Subdivision one of this section shall apply when sentencing a juve-
15 nile offender notwithstanding the provisions of any other law that deals
16 with the authorized sentence for persons who are not juvenile offenders.
17 Provided, however, that the limitation prescribed by this section shall
18 not be deemed or construed to bar use of a conviction of a juvenile
19 offender, other than a juvenile offender who has been adjudicated a
20 youthful offender pursuant to section 720.20 of the criminal procedure
21 law, as a previous or predicate felony offender under section 70.04,
22 70.06, 70.07, 70.08 of this chapter or [70.10,] when sentencing a person
23 who commits a felony after [he] such person has reached the age of
24 [sixteen] eighteen.
25 § 55. Paragraph (b) of subdivision 2 of section 70.05 of the penal
26 law, as added by chapter 481 of the laws of 1978, is amended and a new
27 paragraph (b-1) is added to read as follows:
28 (b) For [the] a class [A] A-I felony [of arson in the first degree, or
29 for the class A felony of kidnapping in the first degree] other than
30 murder in the second degree, the term shall be fixed by the court, and
31 shall be at least twelve years but shall not exceed fifteen years;
32 (b-1) For a class A-II felony the term shall be fixed by the court and
33 shall be at least ten years but shall not exceed fourteen years.
34 § 56. Paragraph (b) of subdivision 3 of section 70.05 of the penal
35 law, as added by chapter 481 of the laws of 1978, is amended and a new
36 subdivision (b-1) is added to read as follows:
37 (b) For [the] a class [A] A-I felony [of arson in the first degree, or
38 for the class A felony of kidnapping in the first degree] other than
39 murder in the second degree, the minimum period of imprisonment shall be
40 fixed by the court and shall be not less than four years but shall not
41 exceed six years; and
42 (b-1) For a class A-II felony, the minimum period of imprisonment
43 shall be fixed by the court and shall be not less than three years but
44 shall not exceed five years.
45 § 57. Subdivision 1 of section 70.20 of the penal law, as amended by
46 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
47 amended to read as follows:
48 1. [(a)] Indeterminate or determinate sentence. Except as provided in
49 subdivision four of this section, when an indeterminate or determinate
50 sentence of imprisonment is imposed, the court shall commit the defend-
51 ant to the custody of the state department of corrections and community
52 supervision for the term of his or her sentence and until released in
53 accordance with the law; provided, however, that a defendant sentenced
54 pursuant to subdivision seven of section 70.06 shall be committed to the
55 custody of the state department of corrections and community supervision
56 for immediate delivery to a reception center operated by the department.
A. 6006 83
1 [(b) The court in committing a defendant who is not yet eighteen years
2 of age to the department of corrections and community supervision shall
3 inquire as to whether the parents or legal guardian of the defendant, if
4 present, will grant to the minor the capacity to consent to routine
5 medical, dental and mental health services and treatment.
6 (c) Notwithstanding paragraph (b) of this subdivision, where the court
7 commits a defendant who is not yet eighteen years of age to the custody
8 of the department of corrections and community supervision in accordance
9 with this section and no medical consent has been obtained prior to said
10 commitment, the commitment order shall be deemed to grant the capacity
11 to consent to routine medical, dental and mental health services and
12 treatment to the person so committed.
13 (d) Nothing in this subdivision shall preclude a parent or legal guar-
14 dian of an inmate who is not yet eighteen years of age from making a
15 motion on notice to the department of corrections and community super-
16 vision pursuant to article twenty-two of the civil practice law and
17 rules and section one hundred forty of the correction law, objecting to
18 routine medical, dental or mental health services and treatment being
19 provided to such inmate under the provisions of paragraph (b) of this
20 subdivision.
21 (e) Nothing in this section shall require that consent be obtained
22 from the parent or legal guardian, where no consent is necessary or
23 where the defendant is authorized by law to consent on his or her own
24 behalf to any medical, dental, and mental health service or treatment.]
25 § 58. Subdivision 2 of section 70.20 of the penal law, as amended by
26 chapter 437 of the laws of 2013, is amended to read as follows:
27 2. [(a)] Definite sentence. Except as provided in subdivision four of
28 this section, when a definite sentence of imprisonment is imposed, the
29 court shall commit the defendant to the county or regional correctional
30 institution for the term of his sentence and until released in accord-
31 ance with the law.
32 [(b) The court in committing a defendant who is not yet eighteen years
33 of age to the local correctional facility shall inquire as to whether
34 the parents or legal guardian of the defendant, if present, will grant
35 to the minor the capacity to consent to routine medical, dental and
36 mental health services and treatment.
37 (c) Nothing in this subdivision shall preclude a parent or legal guar-
38 dian of an inmate who is not yet eighteen years of age from making a
39 motion on notice to the local correction facility pursuant to article
40 twenty-two of the civil practice law and rules and section one hundred
41 forty of the correction law, objecting to routine medical, dental or
42 mental health services and treatment being provided to such inmate under
43 the provisions of paragraph (b) of this subdivision.]
44 § 59. Subdivision 4 of section 70.20 of the penal law, as amended by
45 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
46 amended to read as follows:
47 4. (a) Notwithstanding any other provision of law to the contrary, a
48 juvenile offender[,] or a juvenile offender who is adjudicated a youth-
49 ful offender and given an indeterminate or a definite sentence, and who
50 is under the age of twenty-one at the time of sentencing, shall be
51 committed to the custody of the commissioner of the office of children
52 and family services who shall arrange for the confinement of such offen-
53 der in [secure] facilities of the office. The release or transfer of
54 such offenders from the office of children and family services shall be
55 governed by section five hundred eight of the executive law. If the
56 juvenile offender is convicted or, if the juvenile offender who is adju-
A. 6006 84
1 dicated a youthful offender is convicted and is twenty-one years of age
2 or older at the time of sentencing, he or she shall be delivered to the
3 department of corrections and community supervision.
4 (a-1) Notwithstanding any other provision of law to the contrary, a
5 person who is sentenced to an indeterminate sentence as an adult for
6 committing a crime when he or she was sixteen or seventeen years of age
7 who is sentenced on or after December first, two thousand fifteen to a
8 term of at least one year of imprisonment and who is under the age of
9 eighteen at the time he or she is sentenced shall be committed to the
10 custody of the commissioner of the office of children and family
11 services who shall arrange for the confinement of such offender in
12 facilities of the office. The release or transfer of such offenders from
13 the office of children and family services shall be governed by section
14 five hundred eight of the executive law.
15 (b) The court in committing [a juvenile offender and youthful offen-
16 der] an offender under eighteen years of age to the custody of the
17 office of children and family services shall inquire as to whether the
18 parents or legal guardian of the youth, if present, will consent for the
19 office of children and family services to provide routine medical,
20 dental and mental health services and treatment.
21 (c) Notwithstanding paragraph (b) of this subdivision, where the court
22 commits an offender to the custody of the office of children and family
23 services in accordance with this section and no medical consent has been
24 obtained prior to said commitment, the commitment order shall be deemed
25 to grant consent for the office of children and family services to
26 provide for routine medical, dental and mental health services and
27 treatment to the offender so committed.
28 (d) Nothing in this subdivision shall preclude a parent or legal guar-
29 dian of an offender who is not yet eighteen years of age from making a
30 motion on notice to the office of children and family services pursuant
31 to article twenty-two of the civil practice law and rules objecting to
32 routine medical, dental or mental health services and treatment being
33 provided to such offender under the provisions of paragraph (b) of this
34 subdivision.
35 (e) Nothing in this section shall require that consent be obtained
36 from the parent or legal guardian, where no consent is necessary or
37 where the offender is authorized by law to consent on his or her own
38 behalf to any medical, dental and mental health service or treatment.
39 § 60. Subdivision 18 of section 10.00 of the penal law, as amended by
40 chapter 7 of the laws of 2007, is amended to read as follows:
41 18. "Juvenile offender" means, where prosecution is authorized by
42 law, including but not limited to section 726.05 of the criminal proce-
43 dure law and section 325.5 of the family court act: (1) a person thir-
44 teen years old who is criminally responsible for acts constituting
45 murder in the second degree as defined in subdivisions one and two of
46 section 125.25 of this chapter or such conduct as a sexually motivated
47 felony, where authorized pursuant to section 130.91 [of the penal law];
48 [and]
49 (2) a person fourteen [or], fifteen, sixteen or seventeen years old
50 who is criminally responsible for acts constituting the crimes defined
51 in subdivisions one and two of section 125.25 (murder in the second
52 degree) and in subdivision three of such section provided that the
53 underlying crime for the murder charge is one for which such person is
54 criminally responsible; section 135.25 (kidnapping in the first degree);
55 150.20 (arson in the first degree); subdivisions one and two of section
56 120.10 (assault in the first degree); 125.20 (manslaughter in the first
A. 6006 85
1 degree); subdivisions one and two of section 130.35 (rape in the first
2 degree); subdivisions one and two of section 130.50 (criminal sexual act
3 in the first degree); 130.70 (aggravated sexual abuse in the first
4 degree); 140.30 (burglary in the first degree); subdivision one of
5 section 140.25 (burglary in the second degree); 150.15 (arson in the
6 second degree); 160.15 (robbery in the first degree); subdivision two of
7 section 160.10 (robbery in the second degree) of this chapter; or
8 section 265.03 of this chapter, where such machine gun or such firearm
9 is possessed on school grounds, as that phrase is defined in subdivision
10 fourteen of section 220.00 of this chapter; or defined in this chapter
11 as an attempt to commit murder in the second degree or kidnapping in the
12 first degree, or such conduct as a sexually motivated felony, where
13 authorized pursuant to section 130.91 [of the penal law]; and
14 (3) a person sixteen or seventeen years of age is criminally responsi-
15 ble for acts constituting the crimes defined in section 490.25 (crime of
16 terrorism); 490.45 (criminal possession of a chemical weapon or biolog-
17 ical weapon in the first degree); 490.55 (criminal use of a chemical
18 weapon or biological weapon in the first degree); 490.50 (criminal use
19 of a chemical weapon or biological weapon in the second degree); 135.25
20 (kidnapping in the first degree); 125.25 (murder in the second degree);
21 130.95 (predatory sexual assault) of this chapter.
22 § 61. Subdivision 42 of section 1.20 of the criminal procedure law, as
23 amended by chapter 7 of the laws of 2007, is amended to read as follows:
24 42. "Juvenile offender" means, where prosecution is authorized by law,
25 including but not limited to section 726.05 of this chapter and section
26 325.5 of the family court act: (1) a person, thirteen years old who is
27 criminally responsible for acts constituting murder in the second degree
28 as defined in subdivisions one and two of section 125.25 of the penal
29 law, or such conduct as a sexually motivated felony, where authorized
30 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
31 [or], fifteen, sixteen or seventeen years old who is criminally respon-
32 sible for acts constituting the crimes defined in subdivisions one and
33 two of section 125.25 (murder in the second degree) and in subdivision
34 three of such section provided that the underlying crime for the murder
35 charge is one for which such person is criminally responsible; section
36 135.25 (kidnapping in the first degree); 150.20 (arson in the first
37 degree); subdivisions one and two of section 120.10 (assault in the
38 first degree); 125.20 (manslaughter in the first degree); subdivisions
39 one and two of section 130.35 (rape in the first degree); subdivisions
40 one and two of section 130.50 (criminal sexual act in the first degree);
41 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
42 in the first degree); subdivision one of section 140.25 (burglary in the
43 second degree); 150.15 (arson in the second degree); 160.15 (robbery in
44 the first degree); subdivision two of section 160.10 (robbery in the
45 second degree) of the penal law; or section 265.03 of the penal law,
46 where such machine gun or such firearm is possessed on school grounds,
47 as that phrase is defined in subdivision fourteen of section 220.00 of
48 the penal law; or defined in the penal law as an attempt to commit
49 murder in the second degree or kidnapping in the first degree, or such
50 conduct as a sexually motivated felony, where authorized pursuant to
51 section 130.91 of the penal law; and (3) a person sixteen or seventeen
52 years of age is criminally responsible for acts constituting the crimes
53 defined in section 490.25 (crime of terrorism); 490.45 (criminal
54 possession of a chemical weapon or biological weapon in the first
55 degree); 490.55 (criminal use of a chemical weapon or biological weapon
56 in the first degree); 490.50 (criminal use of a chemical weapon or
A. 6006 86
1 biological weapon in the second degree); 135.25 (kidnapping in the first
2 degree); 125.25 (murder in the second degree); 130.95 (predatory sexual
3 assault) of the penal law.
4 § 62. Subdivision 6 of section 140.20 of the criminal procedure law,
5 as added by chapter 411 of the laws of 1979, is amended to read as
6 follows:
7 6. Upon arresting a juvenile offender without a warrant, the police
8 officer shall immediately notify the parent or other person legally
9 responsible for his or her care or the person with whom he or she is
10 domiciled, that the juvenile offender has been arrested, and the
11 location of the facility where he or she is being detained. If the offi-
12 cer determines that it is necessary to question a juvenile offender or a
13 child under eighteen years of age who fits within the definition of a
14 juvenile offender as defined in section 30.00 of the penal law, the
15 officer must take the juvenile to a facility designated by the chief
16 administrator of the courts as a suitable place for the questioning of
17 children or, upon the consent of a parent or other person legally
18 responsible for the care of the juvenile, to the juvenile's residence
19 and there question him or her for a reasonable period of time. A juve-
20 nile shall not be questioned pursuant to this section unless the juve-
21 nile and a person required to be notified pursuant to this subdivision,
22 if present, have been advised:
23 (a) of the juvenile's right to remain silent;
24 (b) that the statements made by the juvenile may be used in a court of
25 law;
26 (c) of the juvenile's right to have an attorney present at such ques-
27 tioning; and
28 (d) of the juvenile's right to have an attorney provided for him or
29 her without charge if he or she is indigent.
30 In determining the suitability of questioning and determining the
31 reasonable period of time for questioning such a juvenile offender, the
32 juvenile's age, the presence or absence of his or her parents or other
33 persons legally responsible for his or her care and notification pursu-
34 ant to this subdivision shall be included among relevant considerations.
35 § 63. Subdivision 5 of section 140.27 of the criminal procedure law,
36 as added by chapter 411 of the laws of 1979, is amended to read as
37 follows:
38 5. Upon arresting a juvenile offender without a warrant, the peace
39 officer shall immediately notify the parent or other person legally
40 responsible for his care or the person with whom he or she is domiciled,
41 that the juvenile offender has been arrested, and the location of the
42 facility where he or she is being detained. If the officer determines
43 that it is necessary to question a juvenile offender or a child under
44 eighteen years of age who fits within the definition of a juvenile
45 offender as defined in section 30.00 of the penal law the officer must
46 take the juvenile to a facility designated by the chief administrator of
47 the courts as a suitable place for the questioning of children or, upon
48 the consent of a parent or other person legally responsible for the care
49 of the juvenile, to the juvenile's residence and there question him or
50 her for a reasonable period of time. A juvenile shall not be questioned
51 pursuant to this section unless the juvenile and a person required to be
52 notified pursuant to this subdivision, if present, have been advised:
53 (a) of the juvenile's right to remain silent;
54 (b) that the statements made by the juvenile may be used in a court of
55 law;
A. 6006 87
1 (c) of the juvenile's right to have an attorney present at such ques-
2 tioning; and
3 (d) of the juvenile's right to have an attorney provided for him or
4 her without charge if he or she is indigent.
5 In determining the suitability of questioning and determining the
6 reasonable period of time for questioning such a juvenile offender, the
7 juvenile's age, the presence or absence of his or her parents or other
8 persons legally responsible for his or her care and notification pursu-
9 ant to this subdivision shall be included among relevant considerations.
10 § 64. Subdivision 5 of section 140.40 of the criminal procedure law,
11 as added by chapter 411 of the laws of 1979, is amended to read as
12 follows:
13 5. If a police officer takes an arrested juvenile offender into
14 custody, the police officer shall immediately notify the parent or other
15 person legally responsible for his or her care or the person with whom
16 he or she is domiciled, that the juvenile offender has been arrested,
17 and the location of the facility where he or she is being detained. If
18 the officer determines that it is necessary to question a juvenile
19 offender or a child under eighteen years of age who fits within the
20 definition of a juvenile offender as defined in section 30.00 of the
21 penal law the officer must take the juvenile to a facility designated by
22 the chief administrator of the courts as a suitable place for the ques-
23 tioning of children or, upon the consent of a parent or other person
24 legally responsible for the care of the juvenile, to the juvenile's
25 residence and there question him or her for a reasonable period of time.
26 A juvenile shall not be questioned pursuant to this section unless the
27 juvenile and a person required to be notified pursuant to this subdivi-
28 sion, if present, have been advised:
29 (a) of the juvenile's right to remain silent;
30 (b) that the statements made by the juvenile may be used in a court of
31 law;
32 (c) of the juvenile's right to have an attorney present at such ques-
33 tioning; and
34 (d) of the juvenile's right to have an attorney provided for him or
35 her without charge if he or she is indigent.
36 In determining the suitability of questioning and determining the
37 reasonable period of time for questioning such a juvenile offender, the
38 juvenile's age, the presence or absence of his or her parents or other
39 persons legally responsible for his or her care and notification pursu-
40 ant to this subdivision shall be included among relevant considerations.
41 § 65. Section 150.40 of the criminal procedure law is amended by
42 adding a new subdivision 5 to read as follows:
43 5. Notwithstanding any other provision of this chapter, any uniform
44 traffic ticket issued to a person sixteen or seventeen years of age
45 pursuant to a violation of any provision of the vehicle and traffic law,
46 or any local law, constituting a traffic infraction shall be returnable
47 to the local city, town, or village court, or traffic violations bureau
48 having jurisdiction.
49 § 66. The criminal procedure law is amended by adding a new section
50 160.56 to read as follows:
51 § 160.56 Conditional sealing of certain convictions for offenses commit-
52 ted by a defendant twenty years of age or younger or by a
53 defendant convicted as a juvenile offender.
54 1. When a defendant is convicted, on or after the effective date of
55 this section, for one or more eligible offenses, all of which were
56 committed as part of the same criminal transaction as defined in subdi-
A. 6006 88
1 vision two of section 40.10 of this chapter which offense or offenses
2 were committed when he or she was twenty years of age or younger and the
3 defendant had no prior criminal convictions, the court shall certify
4 upon conviction that the defendant is apparently eligible for condi-
5 tional sealing and shall schedule the defendant's case for review at the
6 expiration of the time period set forth in subdivision two of this
7 section. Such review shall not require a motion or appearance by a
8 defendant. Upon the expiration of the time period set forth in subdivi-
9 sion two of this section, the court shall notify the district attorney
10 that the case is under review. If the district attorney does not provide
11 notice of opposition to sealing within forty-five days of receipt of the
12 notification and the court determines that the defendant meets the
13 criteria for sealing as set forth in this section, the court shall order
14 that the record be conditionally sealed. If the district attorney
15 opposes sealing, he or she shall notify the court and the defendant of
16 the reasons for opposition. If the court has determined, sua sponte, or
17 the district attorney has notified the court, that the defendant does
18 not meet the criteria for conditional sealing, the court must provide
19 the defendant, on notice to the district attorney, with notice and an
20 opportunity to dispute such finding.
21 Whenever the court determines that all criteria for sealing have been
22 satisfied and orders a record conditionally sealed, the clerk of the
23 court shall immediately notify the commissioner of the division of crim-
24 inal justice services that the conviction or convictions shall be condi-
25 tionally sealed. For purposes of this section, an eligible offense is
26 any misdemeanor or felony other than a felony offense defined in article
27 one hundred twenty-five of the penal law, a violent felony offense
28 defined in section 70.02 of the penal law, a class A felony offense
29 defined in the penal law, or an offense for which registration as a sex
30 offender is required pursuant to article six-C of the correction law.
31 2. An eligible offense may be conditionally sealed only:
32 (a) after the following time periods have elapsed:
33 (i) for a misdemeanor, at least one year has passed since: the entry
34 of the judgment or, if the defendant was sentenced to a conditional
35 discharge or a period of probation, including a period of incarceration
36 imposed in conjunction with a sentence of probation or conditional
37 discharge, the completion of the defendant's term of probation or condi-
38 tional discharge, or if the defendant was sentenced to incarceration,
39 the defendant's release from incarceration, whichever is the longest; or
40 (ii) for an eligible felony, other than a felony conviction as a juve-
41 nile offender as defined in subdivision forty-two of section 1.20 of
42 this chapter, at least three years have passed since: the entry of the
43 judgment or, if the defendant was sentenced to a conditional discharge
44 or a period of probation, including a period of incarceration imposed in
45 conjunction with a sentence of probation or conditional discharge, the
46 completion of the defendant's term of probation or conditional
47 discharge, or if the defendant was sentenced to incarceration, the
48 defendant's release from incarceration, whichever is the longest; or
49 (iii) for a conviction as a juvenile offender, as defined in subdivi-
50 sion forty-two of section 1.20 of this chapter, at least five years have
51 passed since: the entry of the judgment or, if the defendant was
52 sentenced to a conditional discharge or a period of probation, including
53 a period of incarceration imposed in conjunction with a sentence of
54 probation or conditional discharge, the completion of the defendant's
55 term of probation or conditional discharge, or if the defendant was
A. 6006 89
1 sentenced to incarceration, the defendant's release from incarceration,
2 whichever is the longest; and
3 (b) if the defendant has not been convicted of any other crime.
4 (c) For the purposes of paragraph (a) of this subdivision, where the
5 defendant is convicted of more than one eligible offense, committed as
6 part of the same criminal transaction as defined in subdivision two of
7 section 40.10 of this chapter, the longest applicable time period shall
8 apply.
9 2-a. No record shall be sealed pursuant to this section while charges
10 are pending for any offense.
11 2-b. No record shall be sealed pursuant to this section while the
12 defendant is subject to supervision by the department of corrections and
13 community supervision or the office of children and family services.
14 Upon the successful completion of such supervision, if the time periods
15 set forth in paragraph (a) of subdivision two of this section have
16 elapsed from the date of defendant's release from incarceration, the
17 court shall order the record conditionally sealed pursuant to the
18 provisions of this section.
19 3. When a conviction or convictions are sealed pursuant to this
20 section, all official records and papers relating to the arrest, prose-
21 cution, and conviction, including all duplicates and copies thereof, on
22 file with the division of criminal justice services or any court shall
23 be sealed and not made available to any person or public or private
24 agency; provided, however, the division shall retain any fingerprints,
25 palmprints and photographs, or digital images of the same.
26 4. Records sealed pursuant to this section shall be made available to:
27 (a) the defendant or the defendant's designated agent;
28 (b) qualified agencies, as defined in subdivision nine of section
29 eight hundred thirty-five of the executive law, and federal and state
30 law enforcement agencies, when acting within the scope of their law
31 enforcement duties;
32 (c) any state or local officer or agency with responsibility for the
33 issuance of licenses to possess guns, when the person has made applica-
34 tion for such a license; or
35 (d) any prospective employer of a police officer or peace officer as
36 those terms are defined in subdivisions thirty-three and thirty-four of
37 section 1.20 of this chapter, in relation to an application for employ-
38 ment as a police officer or peace officer; provided, however, that every
39 person who is an applicant for the position of police officer or peace
40 officer shall be furnished with a copy of all records obtained under
41 this paragraph and afforded an opportunity to make an explanation there-
42 to.
43 5. If, subsequent to the sealing of records pursuant to this section,
44 the person who is the subject of such records is arrested for or charged
45 with any misdemeanor or felony offense, such records shall be unsealed
46 immediately and remain unsealed; provided, however, that if such new
47 misdemeanor or felony arrest results in a termination in favor of the
48 accused as defined in subdivision three of section 160.50 of this arti-
49 cle or by conviction for a non-criminal offense as described in section
50 160.55 of this article, such unsealed records shall be conditionally
51 sealed pursuant to this section.
52 6. A defendant who was convicted of one or more eligible offenses,
53 prior to the effective date of this section, all of which were committed
54 as part of the same criminal transaction as defined in subdivision two
55 of section 40.10 of this chapter, may apply to the court of conviction,
56 on an application promulgated by the division of criminal justice
A. 6006 90
1 services, for the conditional sealing of such conviction or convictions
2 if:
3 (a) the offense or offenses were committed when the defendant was
4 twenty years of age or younger; and
5 (b) the applicable time periods specified in subdivision two of this
6 section have elapsed; and
7 (c) the defendant has not been convicted of any other crime; and
8 (d) no charges are pending for any crime.
9 There shall be no fee associated with this application and no personal
10 appearance by the defendant is required.
11 7. When an application is made for sealing pursuant to subdivision six
12 of this section, the court shall notify the district attorney. If the
13 district attorney does not provide notice of opposition to sealing with-
14 in forty-five days of receipt of the application and the court deter-
15 mines that the defendant meets the criteria for sealing set forth in
16 this section, the court shall order that the record be conditionally
17 sealed in the manner set forth in this section and notify the division
18 of criminal justice services of the same. If the district attorney
19 opposes sealing, he or she shall notify the court and the defendant of
20 the reasons for opposition. If the court has determined, sua sponte, or
21 the district attorney has notified the court, that the defendant does
22 not meet the criteria for conditional sealing, the court must provide
23 the defendant, on notice to the district attorney, with notice and an
24 opportunity to dispute such finding.
25 8. No defendant shall be required or permitted to waive eligibility
26 for conditional sealing pursuant to this section as part of a plea of
27 guilty, sentence or any agreement related to a conviction for an eligi-
28 ble offense and any such waiver shall be deemed void and wholly unen-
29 forceable.
30 § 67. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of
31 section 180.75 of the criminal procedure law, paragraph (a) of subdivi-
32 sion 3 as added by chapter 481 of the laws of 1978, paragraph (b) of
33 subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
34 sion 5 as added by chapter 411 of the laws of 1979, are amended to read
35 as follows:
36 (a) If there is reasonable cause to believe that the defendant commit-
37 ted a crime for which a person under the age of [sixteen] eighteen is
38 criminally responsible, the court must order that the defendant be held
39 for the action of a grand jury of the appropriate superior court, and it
40 must promptly transmit to such superior court the order, the felony
41 complaint, the supporting depositions and all other pertinent documents.
42 Until such papers are received by the superior court, the action is
43 deemed to be still pending in the local criminal court; or
44 (b) If there is not reasonable cause to believe that the defendant
45 committed a crime for which a person under the age of [sixteen] eighteen
46 is criminally responsible but there is reasonable cause to believe that
47 the defendant is a "juvenile delinquent" as defined in subdivision one
48 of section 301.2 of the family court act, the court must specify the act
49 or acts it found reasonable cause to believe the defendant did and
50 direct that the action be removed to the family court in accordance with
51 the provisions of article seven hundred twenty-five of this chapter; or
52 5. Notwithstanding the provisions of subdivision two, three, or four,
53 if a currently undetermined felony complaint against a juvenile offender
54 is pending in a local criminal court, and the defendant has not waived a
55 hearing pursuant to subdivision two and a hearing pursuant to subdivi-
56 sion three has not commenced, the defendant may move in the superior
A. 6006 91
1 court which would exercise the trial jurisdiction of the offense or
2 offenses charged were an indictment therefor to result, to remove the
3 action to family court. The procedural rules of subdivisions one and two
4 of section 210.45 of this chapter are applicable to a motion pursuant to
5 this subdivision. Upon such motion, the superior court shall be author-
6 ized to sit as a local criminal court to exercise the preliminary juris-
7 diction specified in subdivisions two and three of this section, and
8 shall proceed and determine the motion as provided in section 210.43 of
9 this chapter[; provided, however, that the exception provisions of para-
10 graph (b) of subdivision one of such section 210.43 shall not apply when
11 there is not reasonable cause to believe that the juvenile offender
12 committed one or more of the crimes enumerated therein, and in such
13 event the provisions of paragraph (a) thereof shall apply].
14 § 68. Subdivisions (a), (b) and (c) of section 190.71 of the criminal
15 procedure law, subdivision (a) as amended by chapter 7 of the laws of
16 2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
17 1978, are amended to read as follows:
18 (a) Except as provided in subdivision six of section 200.20 of this
19 chapter, a grand jury may not indict (i) a person thirteen years of age
20 for any conduct or crime other than, where prosecution is authorized by
21 law under section 726.05 of this chapter and section 325.5 of the family
22 court act, conduct constituting a crime defined in subdivisions one and
23 two of section 125.25 (murder in the second degree) or such conduct as a
24 sexually motivated felony, where authorized pursuant to section 130.91
25 of the penal law; (ii) a person fourteen [or], fifteen, sixteen or
26 seventeen years of age for any conduct or crime other than, where prose-
27 cution is authorized by law under section 726.05 of this chapter and
28 section 325.5 of the family court act, conduct constituting a crime
29 defined in subdivisions one and two of section 125.25 (murder in the
30 second degree) and in subdivision three of such section provided that
31 the underlying crime for the murder charge is one for which such person
32 is criminally responsible; 135.25 (kidnapping in the first degree);
33 150.20 (arson in the first degree); subdivisions one and two of section
34 120.10 (assault in the first degree); 125.20 (manslaughter in the first
35 degree); subdivisions one and two of section 130.35 (rape in the first
36 degree); subdivisions one and two of section 130.50 (criminal sexual act
37 in the first degree); 130.70 (aggravated sexual abuse in the first
38 degree); 140.30 (burglary in the first degree); subdivision one of
39 section 140.25 (burglary in the second degree); 150.15 (arson in the
40 second degree); 160.15 (robbery in the first degree); subdivision two of
41 section 160.10 (robbery in the second degree) of the penal law; [subdi-
42 vision four of section 265.02 of the penal law, where such firearm is
43 possessed on school grounds, as that phrase is defined in subdivision
44 fourteen of section 220.00 of the penal law;] or section 265.03 of the
45 penal law, where such machine gun or such firearm is possessed on school
46 grounds, as that phrase is defined in subdivision fourteen of section
47 220.00 of the penal law; or defined in the penal law as an attempt to
48 commit murder in the second degree or kidnapping in the first degree, or
49 such conduct as a sexually motivated felony, where authorized pursuant
50 to section 130.91 of the penal law; and (iii) a person sixteen or seven-
51 teen years of age for any conduct or crime other than as specified in
52 paragraph (ii) of this subdivision and conduct constituting the crimes
53 defined in section 490.25 (crime of terrorism); 490.45 (criminal
54 possession of a chemical weapon or biological weapon in the first
55 degree); 490.55 (criminal use of a chemical weapon or biological weapon
56 in the first degree); 490.50 (criminal use of a chemical weapon or
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1 biological weapon in the second degree); 135.25 (kidnapping in the first
2 degree); 125.25 (murder in the second degree); 130.95 (predatory sexual
3 assault) of this chapter.
4 (b) A grand jury may vote to file a request to remove a charge to the
5 family court if it finds that a person thirteen, fourteen [or], fifteen,
6 sixteen or seventeen years of age did an act which, if done by a person
7 over the age of [sixteen] eighteen, would constitute a crime provided
8 (1) such act is one for which it may not indict; (2) it does not indict
9 such person for a crime; and (3) the evidence before it is legally
10 sufficient to establish that such person did such act and competent and
11 admissible evidence before it provides reasonable cause to believe that
12 such person did such act.
13 (c) Upon voting to remove a charge to the family court pursuant to
14 subdivision (b) of this section, the grand jury must, through its fore-
15 man or acting foreman, file a request to transfer such charge to the
16 family court. Such request shall be filed with the court by which it was
17 impaneled. It must (1) allege that a person named therein did any act
18 which, if done by a person over the age of [sixteen] eighteen, would
19 constitute a crime; (2) specify the act and the time and place of its
20 commission; and (3) be signed by the foreman or the acting foreman.
21 § 69. Subdivision 6 of section 200.20 of the criminal procedure law,
22 as added by chapter 136 of the laws of 1980, is amended to read as
23 follows:
24 6. Where an indictment charges at least one offense against a defend-
25 ant who was under the age of [sixteen] eighteen at the time of the
26 commission of the crime and who did not lack criminal responsibility for
27 such crime by reason of infancy, the indictment may, in addition, charge
28 in separate counts one or more other offenses for which such person
29 would not have been criminally responsible by reason of infancy, if:
30 (a) the offense for which the defendant is criminally responsible and
31 the one or more other offenses for which he would not have been crimi-
32 nally responsible by reason of infancy are based upon the same act or
33 upon the same criminal transaction, as that term is defined in subdivi-
34 sion two of section 40.10 of this chapter; or
35 (b) the offenses are of such nature that either proof of the first
36 offense would be material and admissible as evidence in chief upon a
37 trial of the second, or proof of the second would be material and admis-
38 sible as evidence in chief upon a trial of the first.
39 § 70. Subdivision 5 of section 210.20 of the criminal procedure law,
40 as added by chapter 136 of the laws of 1980, is amended to read as
41 follows:
42 5. If the court dismisses one or more counts of an indictment, against
43 a defendant who was under the age of [sixteen] eighteen at the time of
44 the commission of the crime and who did not lack criminal responsibility
45 for such crime by reason of infancy, and one or more other counts of the
46 indictment having been joined in the indictment solely with the
47 dismissed count pursuant to subdivision six of section 200.20 is not
48 dismissed, the court must direct that such count be removed to the fami-
49 ly court in accordance with article seven hundred twenty-five of this
50 chapter.
51 § 71. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
52 procedure law, as amended by chapter 264 of the laws of 2003, is amended
53 to read as follows:
54 (b) [with the consent of the district attorney,] order removal of an
55 action involving an indictment charging a juvenile offender with murder
56 in the second degree as defined in section 125.25 of the penal law; rape
A. 6006 93
1 in the first degree, as defined in subdivision one of section 130.35 of
2 the penal law; criminal sexual act in the first degree, as defined in
3 subdivision one of section 130.50 of the penal law; or an armed felony
4 as defined in paragraph (a) of subdivision forty-one of section 1.20, to
5 the family court pursuant to the provisions of article seven hundred
6 twenty-five of this chapter if the court finds one or more of the
7 following factors: (i) mitigating circumstances that bear directly upon
8 the manner in which the crime was committed; (ii) where the defendant
9 was not the sole participant in the crime, the defendant's participation
10 was relatively minor although not so minor as to constitute a defense to
11 the prosecution; or (iii) possible deficiencies in the proof of the
12 crime, and, after consideration of the factors set forth in subdivision
13 two of this section, the court determined that removal of the action to
14 the family court would be in the interests of justice.
15 § 72. Subparagraphs (i), (iii) and the second undesignated paragraph
16 of paragraph (g) of subdivision 5 of section 220.10 of the criminal
17 procedure law, subparagraph (i) as amended by chapter 410 of the laws of
18 1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003
19 and the second undesignated paragraph as amended by chapter 920 of the
20 laws of 1982, are amended to read as follows:
21 (i) If the indictment charges a person fourteen [or], fifteen, sixteen
22 or seventeen years old with the crime of murder in the second degree any
23 plea of guilty entered pursuant to subdivision three or four must be a
24 plea of guilty of a crime for which the defendant is criminally respon-
25 sible;
26 (iii) Where the indictment does not charge a crime specified in
27 subparagraph (i) of this paragraph, the district attorney may recommend
28 removal of the action to the family court. Upon making such recommenda-
29 tion the district attorney shall submit a subscribed memorandum setting
30 forth: (1) a recommendation that the interests of justice would best be
31 served by removal of the action to the family court; and (2) if the
32 indictment charges a thirteen year old with the crime of murder in the
33 second degree, or a fourteen [or], fifteen, sixteen or seventeen year
34 old with the crimes of rape in the first degree as defined in subdivi-
35 sion one of section 130.35 of the penal law, or criminal sexual act in
36 the first degree as defined in subdivision one of section 130.50 of the
37 penal law, or an armed felony as defined in paragraph (a) of subdivision
38 forty-one of section 1.20 of this chapter specific factors, one or more
39 of which reasonably supports the recommendation, showing, (i) mitigating
40 circumstances that bear directly upon the manner in which the crime was
41 committed, or (ii) where the defendant was not the sole participant in
42 the crime, that the defendant's participation was relatively minor
43 although not so minor as to constitute a defense to the prosecution, or
44 (iii) possible deficiencies in proof of the crime, or (iv) where the
45 juvenile offender has no previous adjudications of having committed a
46 designated felony act, as defined in subdivision eight of section 301.2
47 of the family court act, regardless of the age of the offender at the
48 time of commission of the act, that the criminal act was not part of a
49 pattern of criminal behavior and, in view of the history of the offen-
50 der, is not likely to be repeated.
51 If the court is of the opinion [based on specific factors set forth in
52 the district attorney's memorandum] that the interests of justice would
53 best be served by removal of the action to the family court, a plea of
54 guilty of a crime or act for which the defendant is not criminally
55 responsible may be entered pursuant to subdivision three or four of this
56 section, except that a thirteen year old charged with the crime of
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1 murder in the second degree may only plead to a designated felony act,
2 as defined in subdivision eight of section 301.2 of the family court
3 act.
4 § 73. Subdivision 5 of section 300.50 of the criminal procedure law,
5 as added by chapter 481 of the laws of 1978, is amended to read as
6 follows:
7 5. Where the indictment charges a crime committed by the defendant
8 while he or she was under the age of [sixteen] eighteen but a lesser
9 included offense would be one for which the defendant is not criminally
10 responsible by reason of infancy, such lessor included offense may
11 nevertheless be submitted to the jury in the same manner as an offense
12 for which the defendant would be criminally responsible notwithstanding
13 the fact that a verdict of guilty would not result in a criminal
14 conviction.
15 § 74. Section 330.25 of the criminal procedure law, as added by chap-
16 ter 481 of the laws of 1978, and subdivision 2 as amended by chapter 920
17 of the laws of 1982, is amended to read as follows:
18 § 330.25 Removal after verdict.
19 1. Where a defendant is a juvenile offender who does not stand
20 convicted of murder in the second degree, upon motion [and with the
21 consent of the district attorney], the action may be removed to the
22 family court in the interests of justice pursuant to article seven
23 hundred twenty-five of this chapter notwithstanding the verdict.
24 2. [If the district attorney consents to the motion for removal pursu-
25 ant to this section, he shall file a subscribed memorandum with the
26 court setting forth (1) a recommendation that] In determining the
27 motion, the court shall consider: (1) whether the interests of justice
28 would best be served by removal of the action to the family court; and
29 (2) if the conviction is of an offense set forth in paragraph (b) of
30 subdivision one of section 210.43 of this chapter, whether specific
31 factors exist, one or more of which reasonably [support] supports the
32 [recommendation] motion, showing, (i) mitigating circumstances that bear
33 directly upon the manner in which the crime was committed, or (ii) where
34 the defendant was not the sole participant in the crime, that the
35 defendant's participation was relatively minor although not so minor as
36 to constitute a defense to prosecution, or (iii) where the juvenile
37 offender has no previous adjudications of having committed a designated
38 felony act, as defined in subdivision eight of section 301.2 of the
39 family court act, regardless of the age of the offender at the time of
40 commission of the act, that the criminal act was not part of a pattern
41 of criminal behavior and, in view of the history of the offender, is not
42 likely to be repeated.
43 3. If the court is of the opinion, based upon the specific factors
44 [set forth in the district attorney's memorandum] shown to the court,
45 that the interests of justice would best be served by removal of the
46 action to the family court, the verdict shall be set aside and a plea of
47 guilty of a crime or act for which the defendant is not criminally
48 responsible may be entered pursuant to subdivision three or four of
49 section 220.10 of this chapter. Upon accepting any such plea, the court
50 must specify upon the record the [portion or portions of the district
51 attorney's statement] factors the court is relying upon as the basis of
52 its opinion and that it believes the interests of justice would best be
53 served by removal of the proceeding to the family court. Such plea
54 shall then be deemed to be a juvenile delinquency fact determination and
55 the court upon entry thereof must direct that the action be removed to
A. 6006 95
1 the family court in accordance with the provisions of article seven
2 hundred twenty-five of this chapter.
3 § 75. Subdivision 2 of section 410.40 of the criminal procedure law,
4 as amended by chapter 652 of the laws of 2008 is amended to read as
5 follows:
6 2. Warrant. (a) Where the probation officer has requested that a
7 probation warrant be issued, the court shall, within seventy-two hours
8 of its receipt of the request, issue or deny the warrant or take any
9 other lawful action including issuance of a notice to appear pursuant to
10 subdivision one of this section. If at any time during the period of a
11 sentence of probation or of conditional discharge the court has reason-
12 able grounds to believe that the defendant has violated a condition of
13 the sentence, the court may issue a warrant to a police officer or to an
14 appropriate peace officer directing him or her to take the defendant
15 into custody and bring the defendant before the court without unneces-
16 sary delay; provided, however, if the court in which the warrant is
17 returnable is a superior court, and such court is not available, and the
18 warrant is addressed to a police officer or appropriate probation offi-
19 cer certified as a peace officer, such executing officer may unless
20 otherwise specified under paragraph (b) of this section, bring the
21 defendant to the local correctional facility of the county in which such
22 court sits, to be detained there until not later than the commencement
23 of the next session of such court occurring on the next business day; or
24 if the court in which the warrant is returnable is a local criminal
25 court, and such court is not available, and the warrant is addressed to
26 a police officer or appropriate probation officer certified as a peace
27 officer, such executing officer must without unnecessary delay bring the
28 defendant before an alternate local criminal court, as provided in
29 subdivision five of section 120.90 of this chapter. A court which issues
30 such a warrant may attach thereto a summary of the basis for the
31 warrant. In any case where a defendant arrested upon the warrant is
32 brought before a local criminal court other than the court in which the
33 warrant is returnable, such local criminal court shall consider such
34 summary before issuing a securing order with respect to the defendant.
35 (b) If the court in which the warrant is returnable is a superior
36 court, and such court is not available, and the warrant is addressed to
37 a police officer or appropriate probation officer certified as a peace
38 officer, such executing officer shall, where a defendant is seventeen
39 years of age or younger who allegedly commits an offense or a violation
40 of his or her probation or conditional discharge imposed for an offense,
41 bring the defendant to a juvenile detention facility, to be detained
42 there until not later than the commencement of the next session of such
43 court occurring on the next business day.
44 § 76. Section 410.60 of the criminal procedure law, as amended by
45 chapter 652 of the laws of 2008, is amended to read as follows:
46 § 410.60 Appearance before court.
47 (a) A person who has been taken into custody pursuant to section
48 410.40 or section 410.50 of this article for violation of a condition of
49 a sentence of probation or a sentence of conditional discharge must
50 forthwith be brought before the court that imposed the sentence. Where a
51 violation of probation petition and report has been filed and the person
52 has not been taken into custody nor has a warrant been issued, an
53 initial court appearance shall occur within ten business days of the
54 court's issuance of a notice to appear. If the court has reasonable
55 cause to believe that such person has violated a condition of the
56 sentence, it may commit him or her to the custody of the sheriff or fix
A. 6006 96
1 bail or release such person on his or her own recognizance for future
2 appearance at a hearing to be held in accordance with section 410.70 of
3 this article. If the court does not have reasonable cause to believe
4 that such person has violated a condition of the sentence, it must
5 direct that he or she be released.
6 (b) A juvenile offender who has been taken into custody pursuant to
7 section 410.40 or section 410.50 of this article for violation of a
8 condition of a sentence of probation or a sentence of conditional
9 discharge must forthwith be brought before the court that imposed the
10 sentence. Where a violation of probation petition and report has been
11 filed and the person has not been taken into custody nor has a warrant
12 been issued, an initial court appearance shall occur within ten business
13 days of the court's issuance of a notice to appear. If the court has
14 reasonable cause to believe that such person has violated a condition of
15 the sentence, it may commit him or her to the custody of the sheriff or
16 fix bail or release such person on his or her own recognizance for
17 future appearance at a hearing to be held in accordance with section
18 410.70 of this article. Provided, however, nothing herein shall author-
19 ize a juvenile to be detained for a violation of a condition that would
20 not constitute a crime if committed by an adult unless the court deter-
21 mines (i) that the juvenile poses a specific imminent threat to public
22 safety and states the reasons for the finding on the record or (ii) the
23 juvenile is on probation for an act that would constitute a violent
24 felony as defined in section 70.02 of the penal law if committed by an
25 adult and the use of graduated sanctions has been exhausted without
26 success. If the court does not have reasonable cause to believe that
27 such person has violated a condition of the sentence, it must direct
28 that the juvenile be released.
29 § 77. Subdivision 5 of section 410.70 of the criminal procedure law,
30 as amended by chapter 17 of the laws of 2014, is amended to read as
31 follows:
32 5. Revocation; modification; continuation. (a) At the conclusion of
33 the hearing the court may revoke, continue or modify the sentence of
34 probation or conditional discharge. Where the court revokes the
35 sentence, it must impose sentence as specified in subdivisions three and
36 four of section 60.01 of the penal law. Where the court continues or
37 modifies the sentence, it must vacate the declaration of delinquency and
38 direct that the defendant be released. If the alleged violation is
39 sustained and the court continues or modifies the sentence, it may
40 extend the sentence up to the period of interruption specified in subdi-
41 vision two of section 65.15 of the penal law, but any time spent in
42 custody in any correctional institution or juvenile detention facility
43 pursuant to section 410.40 or 410.60 of this article shall be credited
44 against the term of the sentence. Provided further, where the alleged
45 violation is sustained and the court continues or modifies the sentence,
46 the court may also extend the remaining period of probation up to the
47 maximum term authorized by section 65.00 of the penal law. Provided,
48 however, a defendant shall receive credit for the time during which he
49 or she was supervised under the original probation sentence prior to any
50 declaration of delinquency and for any time spent in custody pursuant to
51 this article for an alleged violation of probation.
52 (b) Notwithstanding paragraph (a) of this subdivision, nothing herein
53 shall authorize the placement of a juvenile for a violation of a condi-
54 tion that would not constitute a crime if committed by an adult unless
55 the court determines (i) that the juvenile poses a specific imminent
56 threat to public safety and states the reasons for the finding on the
A. 6006 97
1 record or (ii) the juvenile is on probation for an act that would
2 constitute a violent felony as defined in section 70.02 of the penal law
3 if committed by an adult and the use of graduated sanctions has been
4 exhausted without success.
5 § 78. Section 510.15 of the criminal procedure law, as amended by
6 chapter 411 of the laws of 1979, subdivision 1 as designated and subdi-
7 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
8 as follows:
9 § 510.15 Commitment of principal under [sixteen] eighteen.
10 1. When a principal who is (a) under the age of [sixteen] eighteen, is
11 committed to the custody of the sheriff the court must direct that the
12 principal be taken to and lodged in a place certified by the [state
13 division for youth] office of children and family services as a juvenile
14 detention facility for the reception of children. Where such a direc-
15 tion is made the sheriff shall deliver the principal in accordance ther-
16 ewith and such person shall although lodged and cared for in a juvenile
17 detention facility continue to be deemed to be in the custody of the
18 sheriff. No principal under the age [of sixteen] specified to whom the
19 provisions of this section may apply shall be detained in any prison,
20 jail, lockup, or other place used for adults convicted of a crime or
21 under arrest and charged with the commission of a crime without the
22 approval of the [state division for youth] office of children and family
23 services in the case of each principal and the statement of its reasons
24 therefor. The sheriff shall not be liable for any acts done to or by
25 such principal resulting from negligence in the detention of and care
26 for such principal, when the principal is not in the actual custody of
27 the sheriff.
28 2. Except upon consent of the defendant or for good cause shown, in
29 any case in which a new securing order is issued for a principal previ-
30 ously committed to the custody of the sheriff pursuant to this section,
31 such order shall further direct the sheriff to deliver the principal
32 from a juvenile detention facility to the person or place specified in
33 the order.
34 § 79. Subdivision 1 of section 720.10 of the criminal procedure law,
35 as amended by chapter 411 of the laws of 1979, is amended to read as
36 follows:
37 1. "Youth" means a person charged with a crime alleged to have been
38 committed when he or she was at least [sixteen] eighteen years old and
39 less than [nineteen] twenty-one years old or a person charged with being
40 a juvenile offender as defined in subdivision forty-two of section 1.20
41 of this chapter.
42 § 80. Subdivision 3 of section 720.15 of the criminal procedure law,
43 as amended by chapter 774 of the laws of 1985, is amended to read as
44 follows:
45 3. The provisions of subdivisions one and two of this section requir-
46 ing or authorizing the accusatory instrument filed against a youth to be
47 sealed, and the arraignment and all proceedings in the action to be
48 conducted in private shall not apply in connection with a pending charge
49 of committing any [felony] sex offense as defined in the penal law. [The
50 provisions of subdivision one requiring the accusatory instrument filed
51 against a youth to be sealed shall not apply where such youth has previ-
52 ously been adjudicated a youthful offender or convicted of a crime.]
53 § 81. Subdivision 1 of section 720.20 of the criminal procedure law,
54 as amended by chapter 652 of the laws of 1974, is amended to read as
55 follows:
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1 1. Upon conviction of an eligible youth, the court must order a pre-
2 sentence investigation of the defendant. After receipt of a written
3 report of the investigation and at the time of pronouncing sentence the
4 court must determine whether or not the eligible youth is a youthful
5 offender. Such determination shall be in accordance with the following
6 criteria:
7 (a) If in the opinion of the court the interest of justice would be
8 served by relieving the eligible youth from the onus of a criminal
9 record and by not imposing an indeterminate term of imprisonment of more
10 than four years, the court may, in its discretion, find the eligible
11 youth is a youthful offender; [and]
12 (b) Where the conviction is had in a local criminal court and the
13 eligible youth had not prior to commencement of trial or entry of a plea
14 of guilty been convicted of a crime or found a youthful offender, the
15 court must find he is a youthful offender[.]; and
16 (c) There shall be a presumption to grant youthful offender status to
17 an eligible youth who has not previously been convicted and sentenced or
18 adjudicated for a felony, unless the district attorney upon motion with
19 not less than seven days notice to such person and his or her attorney
20 demonstrates to the satisfaction of the court that the interests of
21 justice require otherwise.
22 § 82. Subdivision 1 of section 720.35 of the criminal procedure law,
23 as amended by chapter 402 of the laws of 2014, is amended to read as
24 follows:
25 1. A youthful offender adjudication is not a judgment of conviction
26 for a crime or any other offense, and does not operate as a disquali-
27 fication of any person so adjudged to hold public office or public
28 employment or to receive any license granted by public authority but
29 shall be deemed a conviction only for the purposes of transfer of super-
30 vision and custody pursuant to section two hundred [fifty-nine-m]
31 fifty-nine-mm of the executive law. A defendant for whom a youthful
32 offender adjudication was substituted, who was originally charged with
33 prostitution as defined in section 230.00 of the penal law or loitering
34 for the purposes of prostitution as defined in subdivision two of
35 section 240.37 of the penal law provided that the person does not stand
36 charged with loitering for the purpose of patronizing a prostitute, for
37 an offense allegedly committed when he or she was sixteen or seventeen
38 years of age, shall be deemed a "sexually exploited child" as defined in
39 subdivision one of section four hundred forty-seven-a of the social
40 services law and therefore shall not be considered an adult for purposes
41 related to the charges in the youthful offender proceeding or a proceed-
42 ing under section 170.80 of this chapter.
43 § 83. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
44 procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
45 § 84. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
46 procedure law, as amended by chapter 411 of the laws of 1979, is amended
47 to read as follows:
48 (e) Where the direction is one authorized by subdivision one of
49 section 210.43 of this chapter, a copy of that portion of the minutes
50 containing the statement by the court pursuant to paragraph [(a)] a of
51 subdivision five of section 210.43; and
52 § 85. The criminal procedure law is amended by adding a new article
53 726 to read as follows:
54 ARTICLE 726
55 REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
56 JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
A. 6006 99
1 Section 726.00 Applicability.
2 726.05 Filing of order of removal and proceedings thereon.
3 § 726.00 Applicability.
4 The provisions of this article apply in any case where a court directs
5 that an action or charge brought by a juvenile delinquency petition,
6 pursuant to article three of the family court act, against a juvenile
7 offender who was thirteen, fourteen or fifteen years old at the time of
8 such offense, is to be removed from family court to a superior criminal
9 court pursuant to section 325.5 of the family court act.
10 § 726.05 Filing of order of removal and proceedings thereon.
11 1. When a family court directs that an action or charge brought
12 against a juvenile offender by a juvenile delinquency petition pursuant
13 to article three of the family court act be removed from family court to
14 a superior criminal court pursuant to section 325.5 of the family court
15 act, the district attorney who requested such removal shall promptly
16 file such removal order and the appropriate charging documents with the
17 superior criminal court that would exercise trial jurisdiction over such
18 offense or offenses were an indictment therefor to result.
19 2. Following the granting of such an order of removal, the juvenile
20 shall be brought forthwith and with all reasonable speed before the
21 appropriate superior criminal court for appropriate proceedings. For
22 purposes of this section, a judge or justice of a superior court shall
23 preside over such proceedings as such a judge or justice of the superior
24 criminal court, or as a local criminal court, as appropriate.
25 3. The superior criminal court must assume jurisdiction and proceed as
26 the circumstances require, in the manner and to the extent provided by
27 law.
28 4. Upon the filing of an order of removal in the superior criminal
29 court, the family court article three action upon which the order is
30 based shall be terminated and there shall be no further proceedings in
31 the family court with respect to the offense, unless such action is
32 removed back to the family court in accordance with the provisions of
33 article seven hundred twenty-five of this chapter. All further
34 proceedings including motions and appeals shall be in accordance with
35 laws appertaining to the criminal court and for this purpose all find-
36 ings, determinations, verdicts and orders, other than the order of
37 removal, shall be deemed to have been made by the superior criminal
38 court.
39 § 86. Subdivision 1 of section 500-a of the correction law is amended
40 by adding a new paragraph (h) to read as follows:
41 (h) Notwithstanding any other provision of law no county jail shall be
42 used for the confinement of any person under the age of eighteen.
43 Placement of any person who may not be confined to a county jail pursu-
44 ant to this subdivision shall be determined by the office of children
45 and family services.
46 § 87. Subdivision 4 of section 500-b of the correction law is
47 REPEALED.
48 § 88. Subparagraph 3 of paragraph (c) of subdivision 8 of section
49 500-b of the correction law is REPEALED.
50 § 89. Subdivision 13 of section 500-b of the correction law is
51 REPEALED.
52 § 90. Subparagraph 1 of paragraph d of subdivision 3 of section 3214
53 of the education law, as amended by chapter 425 of the laws of 2002, is
54 amended to read as follows:
55 (1) Consistent with the federal gun-free schools act, any public
56 school pupil who is determined under this subdivision to have brought a
A. 6006 100
1 firearm to or possessed a firearm at a public school shall be suspended
2 for a period of not less than one calendar year and any nonpublic school
3 pupil participating in a program operated by a public school district
4 using funds from the elementary and secondary education act of nineteen
5 hundred sixty-five who is determined under this subdivision to have
6 brought a firearm to or possessed a firearm at a public school or other
7 premises used by the school district to provide such programs shall be
8 suspended for a period of not less than one calendar year from partic-
9 ipation in such program. The procedures of this subdivision shall apply
10 to such a suspension of a nonpublic school pupil. A superintendent of
11 schools, district superintendent of schools or community superintendent
12 shall have the authority to modify this suspension requirement for each
13 student on a case-by-case basis. The determination of a superintendent
14 shall be subject to review by the board of education pursuant to para-
15 graph c of this subdivision and the commissioner pursuant to section
16 three hundred ten of this chapter. Nothing in this subdivision shall be
17 deemed to authorize the suspension of a student with a disability in
18 violation of the individuals with disabilities education act or article
19 eighty-nine of this chapter. A superintendent shall refer the pupil
20 under the age of [sixteen] eighteen who has been determined to have
21 brought a weapon or firearm to school in violation of this subdivision
22 to a presentment agency for a juvenile delinquency proceeding consistent
23 with article three of the family court act except a student [fourteen or
24 fifteen years of age] who qualifies for juvenile offender status under
25 subdivision forty-two of section 1.20 of the criminal procedure law. A
26 superintendent shall refer any pupil [sixteen] eighteen years of age or
27 older or a student [fourteen or fifteen years of age] who qualifies for
28 juvenile offender status under subdivision forty-two of section 1.20 of
29 the criminal procedure law, who has been determined to have brought a
30 weapon or firearm to school in violation of this subdivision to the
31 appropriate law enforcement officials.
32 § 91. Paragraph b of subdivision 4 of section 3214 of the education
33 law, as amended by chapter 181 of the laws of 2000, is amended to read
34 as follows:
35 b. The school authorities may institute proceedings before a court
36 having jurisdiction to determine the liability of a person in parental
37 relation to contribute towards the maintenance of a school delinquent
38 under [sixteen] seventeen years of age ordered to attend upon instruc-
39 tion under confinement. If the court shall find the person in parental
40 relation able to contribute towards the maintenance of such a minor, it
41 may issue an order fixing the amount to be paid weekly.
42 § 92. Subdivisions 3 and 4 of section 246 of the executive law, as
43 amended by section 10 of part D of chapter 56 of the laws of 2010, are
44 amended to read as follows:
45 3. Applications from counties or the city of New York for state aid
46 under this section shall be made by filing with the division of criminal
47 justice services, a detailed plan, including cost estimates covering
48 probation services for the fiscal year or portion thereof for which aid
49 is requested. Included in such estimates shall be clerical costs and
50 maintenance and operation costs as well as salaries of probation person-
51 nel, family engagement specialists and such other pertinent information
52 as the commissioner of the division of criminal justice services may
53 require. Items for which state aid is requested under this section shall
54 be duly designated in the estimates submitted. The commissioner of the
55 division of criminal justice services, after consultation with the state
56 probation commission and the director of the office of probation and
A. 6006 101
1 correctional alternatives, shall approve such plan if it conforms to
2 standards relating to the administration of probation services as speci-
3 fied in the rules adopted by him or her.
4 4. a. An approved plan and compliance with standards relating to the
5 administration of probation services promulgated by the commissioner of
6 the division of criminal justice services shall be a prerequisite to
7 eligibility for state aid.
8 The commissioner of the division of criminal justice services may take
9 into consideration granting additional state aid from an appropriation
10 made for state aid for county probation services for counties or the
11 city of New York when a county or the city of New York demonstrates that
12 additional probation services were dedicated to intensive supervision
13 programs[,] and intensive programs for sex offenders [or programs
14 defined as juvenile risk intervention services]. The commissioner shall
15 grant additional state aid from an appropriation dedicated to juvenile
16 risk intervention services coordination by probation departments which
17 shall include, but not be limited to, probation services performed under
18 article three of the family court act or article seven hundred twenty-
19 two of the criminal procedure law. The administration of such additional
20 grants shall be made according to rules and regulations promulgated by
21 the commissioner of the division of criminal justice services. Each
22 county and the city of New York shall certify the total amount collected
23 pursuant to section two hundred fifty-seven-c of this chapter. The
24 commissioner of the division of criminal justice services shall thereup-
25 on certify to the comptroller for payment by the state out of funds
26 appropriated for that purpose, the amount to which the county or the
27 city of New York shall be entitled under this section. The commissioner
28 shall, subject to an appropriation made available for such purpose,
29 establish and provide funding to probation departments for a continuum
30 of evidence-based intervention services for youth alleged or adjudicated
31 juvenile delinquents pursuant to article three of the family court act.
32 b. Additional state aid shall be made in an amount necessary to pay
33 one hundred percent of the expenditures for evidence-based practices and
34 juvenile risk and evidence-based intervention services provided to youth
35 aged sixteen years of age or older when such services would not other-
36 wise have been provided absent the provisions of a chapter of the laws
37 of two thousand fifteen that increased the age of juvenile jurisdiction.
38 § 93. The executive law is amended by adding a new section 259-p to
39 read as follows:
40 § 259-p. Interstate detention. (1) (a) Notwithstanding any other
41 provision of law, a defendant subject to section two hundred fifty-nine-
42 mm of this chapter, may be detained as authorized by the interstate
43 compact for adult offender supervision.
44 (b) A defendant shall be detained at a local correctional facility,
45 except as otherwise provided in paragraph (c) of this subdivision.
46 (c) A defendant seventeen years of age or younger who allegedly
47 commits a criminal act or violation of his or her supervision shall be
48 detained in a juvenile detention facility.
49 § 94. Subdivision 16 of section 296 of the executive law, as separate-
50 ly amended by section 3 of part N and section 14 of part AAA of chapter
51 56 of the laws of 2009, is amended to read as follows:
52 16. It shall be an unlawful discriminatory practice, unless specif-
53 ically required or permitted by statute, for any person, agency, bureau,
54 corporation or association, including the state and any political subdi-
55 vision thereof, to make any inquiry about, whether in any form of appli-
56 cation or otherwise, or to act upon adversely to the individual
A. 6006 102
1 involved, any arrest or criminal accusation of such individual not then
2 pending against that individual which was followed by a termination of
3 that criminal action or proceeding in favor of such individual, as
4 defined in subdivision two of section 160.50 of the criminal procedure
5 law, or by a youthful offender adjudication, as defined in subdivision
6 one of section 720.35 of the criminal procedure law, or by a conviction
7 for a violation sealed pursuant to section 160.55 of the criminal proce-
8 dure law or by a conviction which is sealed pursuant to [section]
9 sections 160.56 or 160.58 of the criminal procedure law, in connection
10 with the licensing, employment or providing of credit or insurance to
11 such individual; provided, further, that no person shall be required to
12 divulge information pertaining to any arrest or criminal accusation of
13 such individual not then pending against that individual which was
14 followed by a termination of that criminal action or proceeding in favor
15 of such individual, as defined in subdivision two of section 160.50 of
16 the criminal procedure law, or by a youthful offender adjudication, as
17 defined in subdivision one of section 720.35 of the criminal procedure
18 law, or by a conviction for a violation sealed pursuant to section
19 160.55 of the criminal procedure law, or by a conviction which is sealed
20 pursuant to [section] sections 160.56 or 160.58 of the criminal proce-
21 dure law. The provisions of this subdivision shall not apply to the
22 licensing activities of governmental bodies in relation to the regu-
23 lation of guns, firearms and other deadly weapons or in relation to an
24 application for employment as a police officer or peace officer as those
25 terms are defined in subdivisions thirty-three and thirty-four of
26 section 1.20 of the criminal procedure law; provided further that the
27 provisions of this subdivision shall not apply to an application for
28 employment or membership in any law enforcement agency with respect to
29 any arrest or criminal accusation which was followed by a youthful
30 offender adjudication, as defined in subdivision one of section 720.35
31 of the criminal procedure law, or by a conviction for a violation sealed
32 pursuant to section 160.55 of the criminal procedure law, or by a
33 conviction which is sealed pursuant to [section] sections 160.56 or
34 160.58 of the criminal procedure law.
35 § 95. Section 502 of the executive law, as added by chapter 465 of the
36 laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
37 Q of chapter 58 of the laws of 2011, is amended to read as follows:
38 § 502. Definitions. Unless otherwise specified in this article:
39 1. "Director" means the [director of the division for youth] commis-
40 sioner of the office of children and family services.
41 2. "Division", "office" or "division for youth" means the [division
42 for youth] office of children and family services.
43 3. "Detention" means the temporary care and maintenance of youth held
44 away from their homes pursuant to article three or seven of the family
45 court act, or held pending a hearing for alleged violation of the condi-
46 tions of release from an office of children and family services facility
47 or authorized agency, or held pending a hearing for alleged violation of
48 the condition of parole as a juvenile offender, or held pending return
49 to a jurisdiction other than the one in which the youth is held, or held
50 pursuant to a securing order of a criminal court if the youth named
51 therein as principal is charged as a juvenile offender or held pending a
52 hearing on an extension of placement or held pending transfer to a
53 facility upon commitment or placement by a court. Only alleged or
54 convicted juvenile offenders who have not attained their [eighteenth]
55 twenty-first birthday shall be subject to detention in a detention
56 facility.
A. 6006 103
1 4. For purposes of this article, the term "youth" shall [be synonymous
2 with the term "child" and means] mean a person not less than [seven] ten
3 years of age and not more than [twenty] twenty-three years of age.
4 5. "Placement" means the transfer of a youth to the custody of the
5 [division] office pursuant to the family court act.
6 6. "Commitment" means the transfer of a youth to the custody of the
7 [division] office pursuant to the penal law.
8 7. "Conditional release" means the transfer of a youth from facility
9 status to aftercare supervision under the continued custody of the
10 [division] office.
11 8. "Discharge" means the termination of [division] office custody of a
12 youth.
13 9. "Aftercare" means supervision of a youth on conditional release
14 status under the continued custody of the division.
15 § 96. Subdivision 7 of section 503 of the executive law, as amended by
16 section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is
17 amended to read as follows:
18 7. The person in charge of each detention facility shall keep a record
19 of all time spent in such facility for each youth in care. The detention
20 facility shall deliver a certified transcript of such record to the
21 office, social services district, or other agency taking custody of the
22 youth pursuant to article three [or seven] of the family court act,
23 before, or at the same time as the youth is delivered to the office,
24 district or other agency, as is appropriate.
25 § 97. Subdivision 1 of section 505 of the executive law, as amended by
26 chapter 465 of the laws of 1992, is amended to read as follows:
27 1. There shall be a facility director of each [division for youth]
28 office of children and family services operated facility. Such facility
29 director shall be appointed by the [director] commissioner of the [divi-
30 sion] office of children and family services and the position shall be
31 in the noncompetitive class and designated as confidential as defined by
32 subdivision two-a of section forty-two of the civil service law. The
33 facility director shall have [two years] such experience [in appropriate
34 titles in state government. Such facility director shall have such] and
35 other qualifications as may be prescribed by the director of classifica-
36 tion and compensation within the department of civil service in consul-
37 tation with the commissioner of the [division,] office of children and
38 family services based on differences in duties, levels of responsibil-
39 ity, size and character of the facility, knowledge, skills and abilities
40 required, and other factors affecting the position [and]. Such facility
41 director shall serve at the pleasure of the [director] commissioner of
42 the [division] office of children and family services.
43 § 98. Section 507-a of the executive law, as amended by chapter 465 of
44 the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter
45 309 of the laws of 1996, is amended to read as follows:
46 § 507-a. Placement and commitment; procedures. 1. Youth may be placed
47 in or committed to the custody of the [division] office of children and
48 family services:
49 (a) for placement, as a juvenile delinquent pursuant to the family
50 court act; or
51 (b) for commitment pursuant to the penal law.
52 2. (a) Consistent with other provisions of law, only those youth who
53 have reached the age of [seven] ten, but who have not reached the age of
54 twenty-one may be placed in[, committed to or remain in] the [divi-
55 sion's] custody of the office of children and family services. Except as
56 provided for in paragraph (a-1) of this subdivision, no youth who has
A. 6006 104
1 reached the age of twenty-one may remain in custody of the office of
2 children and family services.
3 (a-1) (i) A youth who is committed to the office of children and fami-
4 ly services as a juvenile offender or youthful offender may remain in
5 the custody of the office during the period of his or her sentence
6 beyond the age of twenty-one in accordance with the provisions of subdi-
7 vision five of section five hundred eight of this article but in no
8 event may such a youth remain in the custody of the office beyond his or
9 her twenty-third birthday; and (ii) a youth found to have committed a
10 designated class A felony act who is restrictively placed with the
11 office under subdivision four of section 353.5 of the family court act
12 for committing an act on or after the youth's sixteenth birthday may
13 remain in the custody of the office of children and family services up
14 to the age of twenty-three in accordance with his or her placement
15 order.
16 (a-2) Whenever it shall appear to the satisfaction of the [division]
17 office of children and family services that any youth placed therewith
18 is not of proper age to be so placed or is not properly placed, or is
19 mentally or physically incapable of being materially benefited by the
20 program of the [division] office, the [division] office shall cause the
21 return of such youth to the county from which placement was made.
22 (b) The [division] office shall deliver such youth to the custody of
23 the placing court, along with the records provided to the [division]
24 office pursuant to section five hundred seven-b of this article, there
25 to be dealt with by the court in all respects as though no placement had
26 been made.
27 (c) The cost and expense of the care and return of such youth incurred
28 by the [division] office shall be reimbursed to the state by the social
29 services district from which such youth was placed in the manner
30 provided by section five hundred twenty-nine of this article.
31 3. The [division] office may photograph any youth in its custody.
32 Such photograph may be used only for the purpose of assisting in the
33 return of conditionally released children and runaways pursuant to
34 section five hundred ten-b of this article. Such photograph shall be
35 destroyed immediately upon the discharge of the youth from [division]
36 office custody.
37 4. (a) A youth placed with or committed to the [division] office may,
38 immediately following placement or commitment, be remanded to an appro-
39 priate detention facility.
40 (b) The [division] office shall admit a [child] youth placed [with the
41 division] under its care to a facility of the [division] office within
42 fifteen days of the date of the order of placement with the [division]
43 office and shall admit a juvenile offender committed to the [division]
44 office to a facility of the [division] office within ten days of the
45 date of the order of commitment to the [division] office, except as
46 provided in section five hundred seven-b of this article.
47 5. Consistent with other provisions of law, in the discretion of the
48 [director, youth] commissioner of the office of children and family
49 services, youth placed within the office under the family court act who
50 attain the age of eighteen while in [division] custody of the office and
51 who are not required to remain in the placement with the office as a
52 result of a dispositional order of the family court may reside in a
53 non-secure facility until the age of twenty-one, provided that such
54 youth attend a full-time vocational or educational program and are like-
55 ly to benefit from such program.
A. 6006 105
1 § 99. Section 508 of the executive law, as added by chapter 481 of the
2 laws of 1978 and as renumbered by chapter 465 of the laws of 1992,
3 subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
4 2 as amended by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
5 and 7 as amended by section 97 of subpart B of part C of chapter 62 of
6 the laws of 2011, subdivision 8 as added by chapter 560 of the laws of
7 1984 and subdivision 9 as added by chapter 7 of the laws of 2007, is
8 amended to read as follows:
9 § 508. Juvenile offender facilities. 1. The office of children and
10 family services shall maintain [secure] facilities for the care and
11 confinement of juvenile offenders committed [for an indeterminate,
12 determinate or definite sentence] to the office pursuant to the sentenc-
13 ing provisions of the penal law. Such facilities shall provide appropri-
14 ate services to juvenile offenders including but not limited to residen-
15 tial care, educational and vocational training, physical and mental
16 health services, and employment counseling.
17 1-a. Any new facilities developed by the office of children and family
18 services to serve the additional youth placed with the office as a
19 result of raising the age of juvenile jurisdiction shall, to the extent
20 practicable, consist of smaller, more home-like facilities located near
21 the youths' homes and families that provide gender-responsive program-
22 ming, services and treatment in small, closely supervised groups that
23 offer extensive and on-going individual attention and encourage support-
24 ive peer relationships.
25 2. Juvenile offenders committed to the office for committing crimes
26 prior to the age of sixteen shall be confined in such facilities [until
27 the age of twenty-one] in accordance with their sentences, and shall not
28 be released, discharged or permitted home visits except pursuant to the
29 provisions of this section.
30 [(a) The director of the division for youth may authorize the transfer
31 of a juvenile offender in his custody, who has been convicted of
32 burglary or robbery, to a school or center established and operated
33 pursuant to title three of this article at any time after the juvenile
34 offender has been confined in a division for youth secure facility for
35 one year or one-half of his minimum sentence, whichever is greater.
36 (b) The director of the division for youth may authorize the transfer
37 of a juvenile offender in his custody, who has been convicted of
38 burglary or robbery, and who is within ninety days of release as estab-
39 lished by the board of parole, to any facility established and operated
40 pursuant to this article.
41 (c) A juvenile offender may be transferred as provided in paragraphs
42 (a) and (b) herein, only after the director determines that there is no
43 danger to public safety and that the offender shall substantially bene-
44 fit from the programs and services of another division facility. In
45 determining whether there is a danger to public safety the director
46 shall consider: (i) the nature and circumstances of the offense includ-
47 ing whether any physical injury involved was inflicted by the offender
48 or another participant; (ii) the record and background of the offender;
49 and (iii) the adjustment of the offender at division facilities.
50 (d) For a period of six months after a juvenile offender has been
51 transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
52 der may have only accompanied home visits. After completing six months
53 of confinement following transfer from a secure facility, a juvenile
54 offender may not have an unaccompanied home visit unless two accompanied
55 home visits have already occurred. An "accompanied home visit" shall
56 mean a home visit during which the juvenile offender shall be accompa-
A. 6006 106
1 nied at all times while outside the facility by appropriate personnel of
2 the division for youth designated pursuant to regulations of the direc-
3 tor of the division.
4 (e) The director of the division for youth shall promulgate rules and
5 regulations including uniform standards and procedures governing the
6 transfer of juvenile offenders from secure facilities to other facili-
7 ties and the return of such offenders to secure facilities. The rules
8 and regulations shall provide a procedure for the referral of proposed
9 transfer cases by the secure facility director, and shall require a
10 determination by the facility director that transfer of a juvenile
11 offender to another facility is in the best interests of the division
12 for youth and the juvenile offender and that there is no danger to
13 public safety.
14 The rules and regulations shall further provide for the establishment
15 of a division central office transfer committee to review transfer cases
16 referred by the secure facility directors. The committee shall recommend
17 approval of a transfer request to the director of the division only upon
18 a clear showing by the secure facility director that the transfer is in
19 the best interests of the division for youth and the juvenile offender
20 and that there is no danger to public safety. In the case of the denial
21 of the transfer request by the transfer committee, the juvenile offender
22 shall remain at a secure facility. Notwithstanding the recommendation
23 for approval of transfer by the transfer committee, the director of the
24 division may deny the request for transfer if there is a danger to
25 public safety or if the transfer is not in the best interests of the
26 division for youth or the juvenile offender.
27 The rules and regulations shall further provide a procedure for the
28 immediate return to a secure facility, without a hearing, of a juvenile
29 offender transferred to another facility upon a determination by that
30 facility director that there is a danger to public safety.]
31 3. The [division] office of children and family services shall report
32 in writing to the sentencing court and district attorney, not less than
33 once every six months during the period of confinement, on the status,
34 adjustment, programs and progress of the offender.
35 4. [The office of children and family services may apply to the
36 sentencing court for permission to transfer a youth not less than
37 sixteen nor more than eighteen years of age to the department of
38 corrections and community supervision. Such application shall be made
39 upon notice to the youth, who shall be entitled to be heard upon the
40 application and to be represented by counsel. The court shall grant the
41 application if it is satisfied that there is no substantial likelihood
42 that the youth will benefit from the programs offered by the office
43 facilities.
44 5.] The office of children and family services may transfer an offen-
45 der not less than eighteen [nor more than twenty-one] years of age to
46 the department of corrections and community supervision if the commis-
47 sioner of the office certifies to the commissioner of corrections and
48 community supervision that there is no substantial likelihood that the
49 youth will benefit from the programs offered by office facilities.
50 [6. At age twenty-one, all] 5. (a) All juvenile offenders committed to
51 the office for committing a crime prior to the youth's sixteenth birth-
52 day who still have time left on their sentences of imprisonment shall be
53 transferred at age twenty-one to the custody of the department of
54 corrections and community supervision for confinement pursuant to the
55 correction law.
A. 6006 107
1 [7.] (b) All offenders committed to the office for committing a crime
2 on or after their sixteenth birthday who still have time left on their
3 sentences of imprisonment shall be transferred to the custody of the
4 department of corrections and community supervision for confinement
5 pursuant to the correction law after completing two years of care in
6 office of children and family services facilities unless they are within
7 four months of completing the imprisonment portion of their sentence and
8 the office determines, in its discretion, on a case-by-case basis that
9 the youth should be permitted to remain with the office for the addi-
10 tional short period of time necessary to enable them to complete their
11 sentence. In making such a determination, the factors the office may
12 consider include, but are not limited to, the age of the youth, the
13 amount of time remaining on the youth's sentence of imprisonment, the
14 level of the youth's participation in the program, the youth's educa-
15 tional and vocational progress, the opportunities available to the youth
16 through the office and through the department, and the length of the
17 youth's sentence. Nothing in this paragraph shall authorize a youth to
18 remain in an office facility beyond his or her twenty-third birthday.
19 (c) All juvenile offenders who are eligible to be released from an
20 office of children and family services facility before they are required
21 to be transferred to the department of corrections and community super-
22 vision and who are able to complete the full-term of their sentences
23 before they turn twenty-three years of age shall remain with the office
24 of children and family services for post-release supervision.
25 (d) All juvenile offenders released from an office of children and
26 family services facility before they are transferred to the department
27 of corrections and community supervision who are unable to complete the
28 full-term of their sentences before they turn twenty-three years of age
29 shall be under the supervision of the department of corrections and
30 community supervision until expiration of the maximum term or period of
31 sentence, or expiration of supervision, provided, however, that the
32 office shall assist such department in planning for the youth's post-re-
33 lease supervision.
34 6. While in the custody of the office of children and family services,
35 an offender shall be subject to the rules and regulations of the office,
36 except that his or her parole, temporary release and discharge shall be
37 governed by the laws applicable to inmates of state correctional facili-
38 ties and his or her transfer to state hospitals in the office of mental
39 health shall be governed by section five hundred nine of this chapter.
40 The commissioner of the office of children and family services shall,
41 however, establish and operate temporary release programs at office of
42 children and family services facilities for eligible juvenile offenders
43 and [contract with the department of corrections and community super-
44 vision for the provision of parole] provide supervision [services] for
45 temporary releasees. The rules and regulations for these programs shall
46 not be inconsistent with the laws for temporary release applicable to
47 inmates of state correctional facilities. For the purposes of temporary
48 release programs for juvenile offenders only, when referred to or
49 defined in article twenty-six of the correction law, "institution" shall
50 mean any facility designated by the commissioner of the office of chil-
51 dren and family services, "department" shall mean the office of children
52 and family services, "inmate" shall mean a juvenile offender residing in
53 an office of children and family services facility, and "commissioner"
54 shall mean the [director] commissioner of the office of children and
55 family services. Time spent in office of children and family services
56 facilities and in juvenile detention facilities shall be credited
A. 6006 108
1 towards the sentence imposed in the same manner and to the same extent
2 applicable to inmates of state correctional facilities.
3 [8] 7. Whenever a juvenile offender or a juvenile offender adjudi-
4 cated a youthful offender shall be delivered to the director of [a divi-
5 sion for youth] an office of children and family services facility
6 pursuant to a commitment to the [director of the division for youth]
7 office of children and family services, the officer so delivering such
8 person shall deliver to such facility director a certified copy of the
9 sentence received by such officer from the clerk of the court by which
10 such person shall have been sentenced, a copy of the report of the
11 probation officer's investigation and report, any other pre-sentence
12 memoranda filed with the court, a copy of the person's fingerprint
13 records, a detailed summary of available medical records, psychiatric
14 records and reports relating to assaults, or other violent acts,
15 attempts at suicide or escape by the person while in the custody of a
16 local detention facility.
17 [9] 8. Notwithstanding any provision of law, including section five
18 hundred one-c of this article, the office of children and family
19 services shall make records pertaining to a person convicted of a sex
20 offense as defined in subdivision (p) of section 10.03 of the mental
21 hygiene law available upon request to the commissioner of mental health
22 or the commissioner of [mental retardation and] the office for persons
23 with developmental disabilities, as appropriate; a case review panel;
24 and the attorney general; in accordance with the provisions of article
25 ten of the mental hygiene law.
26 § 100. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
27 law, subdivisions 1, 4 and 5 as added by chapter 906 of the laws of
28 1973, paragraph (c) of subdivision 1 as amended and paragraph (d) of
29 subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
30 as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
31 sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
32 as added by chapter 258 of the laws of 1974, are amended to read as
33 follows:
34 1. Definitions. As used in this section:
35 (a) "authorized agency", "certified boarding home", "local charge" and
36 "state charge" shall have the meaning ascribed to such terms by the
37 social services law;
38 (b) "aftercare supervision" shall mean supervision of released or
39 discharged youth, not in foster care; and,
40 (c) "foster care" shall mean residential care, maintenance and super-
41 vision provided to released or discharged youth, or youth otherwise in
42 the custody of the [division for youth, in a division foster family home
43 certified by the division.
44 (d) "division foster family home" means a service program provided in
45 a home setting available to youth under the jurisdiction of the division
46 for youth] office of children and family services.
47 2. [Expenditures] Except as provided in subdivision five of this
48 section, expenditures made by the [division for youth] office of chil-
49 dren and family services for care, maintenance and supervision furnished
50 youth, including alleged and adjudicated juvenile delinquents and
51 persons in need of supervision, placed or referred, pursuant to titles
52 two or three of this article, and juvenile offenders committed pursuant
53 to section 70.05 of the penal law, in the [division's] office's programs
54 and facilities, shall be subject to reimbursement to the state by the
55 social services district from which the youth was placed or by the
56 social services district in which the juvenile offender resided at the
A. 6006 109
1 time of commitment, in accordance with this section and the regulations
2 of the [division,] office as follows: fifty percent of the amount
3 expended for care, maintenance and supervision of local charges includ-
4 ing juvenile offenders.
5 [4. Expenditures made by the division for youth] 3. The costs for
6 foster care provided by voluntary authorized agencies to juvenile delin-
7 quents placed in the care of the office of children and family services
8 shall be [subject to reimbursement to the state by] the responsibility
9 of the social services district from which the youth was placed, and
10 shall be subject to reimbursement from the state in accordance with [the
11 regulations of the division, as follows: fifty percent of the amount
12 expended for care, maintenance and supervision of local charges] section
13 one hundred fifty-three-k of the social services law.
14 [5] 4. (a) [Expenditures] Except as provided in subdivision five of
15 this section, expenditures made by the [division for youth] office of
16 children and family services for aftercare supervision shall be subject
17 to reimbursement to the state by the social services district from which
18 the youth was placed, in accordance with regulations of the [division]
19 office, as follows: fifty percent of the amount expended for aftercare
20 supervision of local charges.
21 (b) Expenditures made by social services districts for aftercare
22 supervision of adjudicated juvenile delinquents and persons in need of
23 supervision [provided (prior to the expiration of the initial or
24 extended period of placement or commitment) by the aftercare staff of
25 the facility from which the youth has been released or discharged, other
26 than those under the jurisdiction of the division for youth, in which
27 said youth was placed or committed, pursuant to directions of the family
28 court,] shall be subject to reimbursement by the state[, upon approval
29 by the division and in accordance with its regulations, as follows:
30 (1) the full amount expended by the district for aftercare supervision
31 of state charges;
32 (2) fifty percent of the amount expended by the district for aftercare
33 supervision of local charges] in accordance with section one hundred
34 fifty-three-k of the social services law.
35 (c) Expenditures made by the [division for youth] office of children
36 and family services for contracted programs and contracted services
37 pursuant to subdivision seven of section five hundred one of this arti-
38 cle, except with respect to urban homes and group homes, shall be
39 subject to reimbursement to the state by the social services district
40 from which the youth was placed, in accordance with this section and the
41 regulations of the [division] office as follows: fifty percent of the
42 amount expended for the operation and maintenance of such programs and
43 services.
44 5. Notwithstanding any other provision of law to the contrary, no
45 reimbursement shall be required from a social services district for
46 expenditures made by the office of children and family services for the
47 care, maintenance, supervision or aftercare supervision of youth age
48 sixteen years of age or older that would not otherwise have been made
49 absent the provisions of a chapter of the laws of two thousand fifteen
50 that increased the age of juvenile jurisdiction above fifteen years of
51 age or that authorized the placement in office of children and family
52 services facilities of certain other youth who committed a crime on or
53 after their sixteenth birthdays.
54 5-a. The social services district responsible for reimbursement to the
55 state shall remain the same if during a period of placement or extension
56 thereof, a child commits a criminal act while in [a division] an office
A. 6006 110
1 of children and family services facility, during an authorized absence
2 therefrom or after absconding therefrom and is returned to the [divi-
3 sion] office following adjudication or conviction for the act by a court
4 with jurisdiction outside the boundaries of the social services district
5 which was responsible for reimbursement to the state prior to such adju-
6 dication or conviction.
7 § 101. Paragraph (b) of subdivision 1, the opening paragraph of subdi-
8 vision 2 and subparagraph (iii) of paragraph (a) of subdivision 3 of
9 section 529-b of the executive law, as added by section 3 of subpart B
10 of part Q of chapter 58 of the laws of 2011, are amended to read as
11 follows:
12 (b) The state funds appropriated for the supervision and treatment
13 services for juveniles program shall be distributed to eligible munici-
14 palities by the office of children and family services based on a plan
15 developed by the office which may consider historical information
16 regarding the number of youth seen at probation intake for an alleged
17 act of delinquency, the number of alleged persons in need of supervision
18 receiving diversion services under section seven hundred thirty-five of
19 the family court act, the number of youth remanded to detention, the
20 number of juvenile delinquents placed with the office, the number of
21 juvenile delinquents and persons in need of supervision placed in resi-
22 dential care with the municipality, the municipality's reduction in the
23 use of detention and residential placements, and other factors as deter-
24 mined by the office. Such plan developed by the office shall be subject
25 to the approval of the director of the budget. The office is authorized,
26 in its discretion, to make advance distributions to a municipality in
27 anticipation of state reimbursement.
28 As used in this section, the term "municipality" shall mean a county,
29 or a city having a population of one million or more, and "supervision
30 and treatment services for juveniles" shall mean community-based
31 services or programs designed to safely maintain youth in the community
32 pending a family court disposition or conviction in criminal court and
33 services or programs provided to youth adjudicated as juvenile delin-
34 quents or persons in need of supervision, or youth alleged to be juve-
35 nile offenders to prevent residential placement of such youth or a
36 return to placement where such youth have been released to the community
37 from residential placement or programs provided to youth adjudicated
38 persons in need of supervision to maintain such youth in their homes.
39 Supervision and treatment services for juveniles may include but are not
40 limited to services or programs that:
41 (iii) a description of how the services and programs proposed for
42 funding will reduce the number of youth from the municipality who are
43 detained and residentially or otherwise placed; how such services and
44 programs are family-focused; and whether such services and programs are
45 capable of being replicated across multiple sites;
46 § 102. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive
47 law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
48 of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
49 2 as amended by section 1 of part M of chapter 57 of the laws of 2012,
50 subdivision 5 as amended by chapter 920 of the laws of 1982, subpara-
51 graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
52 amended by section 5 of subpart B of part Q of chapter 58 of the laws of
53 2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and
54 subdivision 7 as amended by section 6 of subpart B of part Q of chapter
55 58 of the laws of 2011, are amended and a new subdivision 8 is added to
56 read as follows:
A. 6006 111
1 2. [Expenditures] Except as provided for in subdivision eight of this
2 section, expenditures made by municipalities in providing care, mainte-
3 nance and supervision to youth in detention facilities designated pursu-
4 ant to sections seven hundred twenty and 305.2 of the family court act
5 and certified by the [division for youth] office of children and family
6 services, shall be subject to reimbursement by the state, as follows:
7 (a) Notwithstanding any provision of law to the contrary, eligible
8 expenditures by a municipality during a particular program year for the
9 care, maintenance and supervision in foster care programs certified by
10 the office of children and family services[,] and certified or approved
11 family boarding homes[, and non-secure detention facilities certified by
12 the office] for those youth alleged to be persons in need of supervision
13 or adjudicated persons in need of supervision held pending transfer to a
14 facility upon placement; and in secure and non-secure detention facili-
15 ties certified by the office in accordance with section five hundred
16 three of this article for those youth alleged to be juvenile delin-
17 quents; adjudicated juvenile delinquents held pending transfer to a
18 facility upon placement, and juvenile delinquents held at the request of
19 the office of children and family services pending extension of place-
20 ment hearings or release revocation hearings or while awaiting disposi-
21 tion of such hearings; and youth alleged to be or convicted as juvenile
22 offenders and youth alleged to be persons in need of supervision or
23 adjudicated persons in need of supervision held pending transfer to a
24 facility upon placement in foster care programs certified by the office
25 of children and family services and certified or approved family board-
26 ing homes shall be subject to state reimbursement for up to fifty
27 percent of the municipality's expenditures, exclusive of any federal
28 funds made available for such purposes, not to exceed the municipality's
29 distribution from funds that have been appropriated specifically there-
30 for for that program year. Municipalities shall implement the use of
31 detention risk assessment instruments in a manner prescribed by the
32 office so as to inform detention decisions. Notwithstanding any other
33 provision of state law to the contrary, data necessary for completion of
34 a detention risk assessment instrument may be shared among law enforce-
35 ment, probation, courts, detention administrators, detention providers,
36 and the attorney for the child upon retention or appointment; solely for
37 the purpose of accurate completion of such risk assessment instrument,
38 and a copy of the completed detention risk assessment instrument shall
39 be made available to the applicable detention provider, the attorney for
40 the child and the court.
41 (b) The state funds appropriated for juvenile detention services shall
42 be distributed to eligible municipalities by the office of children and
43 family services based on a plan developed by the office which may
44 consider historical information regarding the number of youth remanded
45 to detention, the municipality's reduction in the use of detention, the
46 municipality's youth population, and other factors as determined by the
47 office. Such plan developed by the office shall be subject to the
48 approval of the director of the budget. The office is authorized, in its
49 discretion, to make advance distributions to a municipality in antic-
50 ipation of state reimbursement.
51 (c) A municipality may also use the funds distributed to it for juve-
52 nile detention services under this section for a particular program year
53 for sixty-two percent of a municipality's eligible expenditures for
54 supervision and treatment services for juveniles programs approved under
55 section five hundred twenty-nine-b of this title for services that were
56 not reimbursed from a municipality's distribution under such program
A. 6006 112
1 provided to at-risk, alleged or adjudicated juvenile delinquents or
2 persons alleged or adjudicated to be in need of supervision, or alleged
3 to be or convicted as juvenile offenders in community-based non-residen-
4 tial settings. Any claims submitted by a municipality for reimbursement
5 for detention services or supervision and treatment services for juve-
6 niles provided during a particular program year for which the munici-
7 pality does not receive state reimbursement from the municipality's
8 distribution of detention services funds for that program year may not
9 be claimed against the municipality's distribution of funds available
10 under this section for the next applicable program year. The office may
11 require that such claims be submitted to the office electronically at
12 such times and in the manner and format required by the office.
13 [(d)(i)] (2-a)(a) Notwithstanding any provision of law or regulation
14 to the contrary, any information or data necessary for the development,
15 validation or revalidation of the detention risk assessment instrument
16 shall be shared among local probation departments, the office of
17 probation and correctional alternatives and, where authorized by the
18 division of criminal justice services, the entity under contract with
19 the division to provide information technology services related to youth
20 assessment and screening, the office of children and family services,
21 and any entity under contract with the office of children and family
22 services to provide services relating to the development, validation or
23 revalidation of the detention risk assessment instrument. Any such
24 information and data shall not be commingled with any criminal history
25 database. Any information and data used and shared pursuant to this
26 section shall only be used and shared for the purposes of this section
27 and in accordance with this section. Such information shall be shared
28 and received in a manner that protects the confidentiality of such
29 information. The sharing, use, disclosure and redisclosure of such
30 information to any person, office, or other entity not specifically
31 authorized to receive it pursuant to this section or any other law is
32 prohibited.
33 [(ii)] (b) The office of children and family services shall consult
34 with individuals with professional research experience and expertise in
35 criminal justice; social work; juvenile justice; and applied mathemat-
36 ics, psychometrics and/or statistics to assist the office in determining
37 the method it will use to: develop, validate and revalidate such
38 detention risk assessment instrument; and analyze the effectiveness of
39 the use of such detention risk assessment instrument in accomplishing
40 its intended goals; and analyze, to the greatest extent possible any
41 disparate impact on detention outcomes for juveniles based on race, sex,
42 national origin, economic status and any other constitutionally
43 protected class, regarding the use of such instrument. The office shall
44 consult with such individuals regarding whether it is appropriate to
45 attempt to analyze whether there is any such disparate impact based on
46 sexual orientation and, if so, the best methods to conduct such analy-
47 sis. The office shall take into consideration any recommendations given
48 by such individuals involving improvements that could be made to such
49 instrument and process.
50 [(iii)] (c) Data collected for the purposes of completing the
51 detention risk assessment instrument from any source other than an offi-
52 cially documented record shall be confirmed as soon as practicable.
53 Should any data originally utilized in completing the risk assessment
54 instrument be found to conflict with the officially documented record,
55 the risk assessment instrument shall be completed with the officially
56 documented data and any corresponding revision to the risk categori-
A. 6006 113
1 zation shall be made. The office shall periodically revalidate any
2 approved risk assessment instrument. The office shall conspicuously post
3 any approved detention risk assessment instrument on its website and
4 shall confer with appropriate stakeholders, including but not limited
5 to, attorneys for children, presentment agencies, probation, and the
6 family court, prior to revising any validated risk assessment instru-
7 ment. Any such revised risk assessment instrument shall be subject to
8 periodic empirical validation.
9 4. (a) The municipality must notify the office of children and family
10 services of state aid received under other state aid formulas by each
11 detention facility for which the municipality is seeking reimbursement
12 pursuant to this section, including but not limited to, aid for educa-
13 tion, probation and mental health services.
14 (b) Except as provided in subdivision eight of this section: (i) In
15 computing reimbursement to the municipality pursuant to this section,
16 the office shall insure that the aggregate of state aid under all state
17 aid formulas shall not exceed fifty percent of the cost of care, mainte-
18 nance and supervision provided to detainees eligible for state
19 reimbursement under subdivision two of this section, exclusive of feder-
20 al aid for such purposes not to exceed the amount of the municipality's
21 distribution under the juvenile detention services program.
22 [(c)] (ii) Reimbursement for administrative related expenditures as
23 defined by the office of children and family services, for secure and
24 nonsecure detention services shall not exceed seventeen percent of the
25 total approved expenditures for facilities of twenty-five beds or more
26 and shall not exceed twenty-one percent of the total approved expendi-
27 tures for facilities with less than twenty-five beds.
28 5. (a) Except as provided in paragraph (b) of this subdivision, care,
29 maintenance and supervision for the purpose of this section shall mean
30 and include only:
31 (1) temporary care, maintenance and supervision provided to alleged
32 juvenile delinquents and persons in need of supervision in detention
33 facilities certified pursuant to sections seven hundred twenty and 305.2
34 of the family court act by the office of children and family services,
35 pending adjudication of alleged delinquency or alleged need of super-
36 vision by the family court, or pending transfer to institutions to which
37 committed or placed by such court or while awaiting disposition by such
38 court after adjudication or held pursuant to a securing order of a crim-
39 inal court if the person named therein as principal is under [sixteen]
40 eighteen years of age; or[,]
41 (2) temporary care, maintenance and supervision provided juvenile
42 delinquents in approved detention facilities at the request of the
43 office of children and family services pending release revocation hear-
44 ings or while awaiting disposition after such hearings; or
45 (3) temporary care, maintenance and supervision in approved detention
46 facilities for youth held pursuant to the family court act or the inter-
47 state compact on juveniles, pending return to their place of residence
48 or domicile[.]; or
49 (4) temporary care, maintenance and supervision provided youth
50 detained in foster care facilities or certified or approved family
51 boarding homes pursuant to article seven of the family court act.
52 (b) Payments made for reserved accommodations, whether or not in full
53 time use, approved and certified by the office of children and family
54 services [and certified pursuant to sections seven hundred twenty and
55 305.2 of the family court act], in order to assure that adequate accom-
56 modations will be available for the immediate reception and proper care
A. 6006 114
1 therein of youth for which detention costs are reimbursable pursuant to
2 paragraph (a) of this subdivision, shall be reimbursed as expenditures
3 for care, maintenance and supervision under the provisions of this
4 section, provided the office shall have given its prior approval for
5 reserving such accommodations.
6 6. The [director of the division for youth] office of children and
7 family services may adopt, amend, or rescind all rules and regulations,
8 subject to the approval of the director of the budget and certification
9 to the chairmen of the senate finance and assembly ways and means
10 committees, necessary to carry out the provisions of this section.
11 7. The agency administering detention for each county and the city of
12 New York shall submit to the office of children and family services, at
13 such times and in such form and manner and containing such information
14 as required by the office of children and family services, an annual
15 report on youth remanded pursuant to article three or seven of the fami-
16 ly court act who are detained during each calendar year including,
17 commencing January first, two thousand twelve, the risk level of each
18 detained youth as assessed by a detention risk assessment instrument
19 approved by the office of children and family services. The office may
20 require that such data on detention use be submitted to the office elec-
21 tronically. Such report shall include, but not be limited to, the reason
22 for the court's determination in accordance with section 320.5 or seven
23 hundred thirty-nine of the family court act, if applicable, to detain
24 the youth; the offense or offenses with which the youth is charged; and
25 all other reasons why the youth remains detained. The office shall
26 submit a compilation of all the separate reports to the governor and the
27 legislature.
28 8. Notwithstanding any other provisions of law to the contrary, state
29 reimbursement shall be made available for one hundred percent of a
30 municipality's eligible expenditures for the care, maintenance and
31 supervision of youth sixteen years of age or older in non-secure and
32 secure detention facilities when such detention would not otherwise have
33 occurred absent the provisions of a chapter of the laws of two thousand
34 fifteen that increased the age of juvenile jurisdiction above fifteen
35 years of age.
36 § 103. Section 3 of part K of chapter 57 of the laws of 2012, amending
37 the education law relating to authorizing the board of cooperative
38 educational services to enter into contracts with the commissioner of
39 children and family services to provide certain services, as amended by
40 section 3 of Part G of chapter 58 of the laws of 2014, is amended to
41 read as follows:
42 § 3. The office of children and family services, in consultation with
43 the state education department, shall prepare and submit to the gover-
44 nor, the temporary president of the senate and the speaker of the assem-
45 bly a report by December 1, 2015, and December 1, 2017 that shall
46 analyze the cost effectiveness and programmatic impact of delivering
47 special education programs, related services and career and technical
48 education services through boards of cooperative educational services in
49 juvenile justice facilities operated by the office.
50 § 104. Section 4 of part K of chapter 57 of the laws of 2012, amending
51 the education law, relating to authorizing the board of cooperative
52 educational services to enter into contracts with the commissioner of
53 children and family services to provide certain services, is amended to
54 read as follows:
A. 6006 115
1 § 4. This act shall take effect July 1, 2012 and shall expire June 30,
2 [2015] 2018 when upon such date the provisions of this act shall be
3 deemed repealed.
4 § 105. Section 109-c of the vehicle and traffic law, as added by
5 section 1 of part E of chapter 60 of the laws of 2005, is amended to
6 read as follows:
7 § 109-c. Conviction. 1. Any conviction as defined in subdivision
8 thirteen of section 1.20 of the criminal procedure law; provided, howev-
9 er, where a conviction or administrative finding in this state or anoth-
10 er state results in a mandatory sanction against a commercial driver's
11 license, as set forth in sections five hundred ten, five hundred ten-a,
12 eleven hundred ninety-two and eleven hundred ninety-four of this chap-
13 ter, conviction shall also mean an unvacated adjudication of guilt, or a
14 determination that a person has violated or failed to comply with the
15 law in a court of original jurisdiction or by an authorized administra-
16 tive tribunal, an unvacated forfeiture of bail or collateral deposited
17 to secure the person's appearance in court, a plea of guilty or nolo
18 contendere accepted by the court, the payment of a fine or court cost,
19 or violation of a condition of release without bail, regardless of
20 whether or not the penalty is rebated, suspended, or probated.
21 2. A conviction shall include a juvenile delinquency adjudication for
22 the purposes of sections five hundred ten; subdivision five of section
23 five hundred eleven; five hundred fourteen; five hundred twenty-three-a;
24 subparagraph (ii) of paragraph (b) of subdivision one of section eleven
25 hundred ninety-three; subdivision two of section eleven hundred ninety-
26 three; eleven hundred ninety-six; eleven hundred ninety-eight; eleven
27 hundred ninety-eight-a; eleven hundred ninety-nine; eighteen hundred
28 eight; eighteen hundred nine; eighteen hundred nine-c; and eighteen
29 hundred nine-e of this chapter and paragraph (a) of subdivision six of
30 section sixty-five-b of the alcoholic beverage control law only and
31 solely for the purposes of allowing the family court to impose license
32 and registration sanctions, ignition interlock devices, any drug or
33 alcohol rehabilitation program, victim impact program, driver responsi-
34 bility assessment, victim assistance fee, surcharge, and issuing a stay
35 order on appeal. Nothing in this subdivision shall be construed as
36 limiting or precluding the enforcement of section eleven hundred nine-
37 ty-two-a of this chapter against a person under the age of twenty-one.
38 § 106. Subdivision 1 of section 510 if the vehicle and traffic law, as
39 amended by chapter 132 of the laws of 1986, is amended to read as
40 follows:
41 1. Who may suspend or revoke. Any magistrate, justice or judge, in a
42 city, in a town, or in a village, any supreme court justice, any county
43 judge, any judge of a district court, any family court judge, the super-
44 intendent of state police and the commissioner of motor vehicles or any
45 person deputized by him, shall have power to revoke or suspend the
46 license to drive a motor vehicle or motorcycle of any person, or in the
47 case of an owner, the registration, as provided herein.
48 § 107. Severability. If any clause, sentence, paragraph, subdivision,
49 section or part contained in any part of this act shall be adjudged by
50 any court of competent jurisdiction to be invalid, such judgment shall
51 not affect, impair, or invalidate the remainder thereof, but shall be
52 confined in its operation to the clause, sentence, paragraph, subdivi-
53 sion, section or part contained in any part thereof directly involved in
54 the controversy in which such judgment shall have been rendered. It is
55 hereby declared to be the intent of the legislature that this act would
A. 6006 116
1 have been enacted even if such invalid provisions had not been included
2 herein.
3 § 108. This act shall take effect January 1, 2017 provided, however,
4 that:
5 1. the amendments to subdivision 4 of section 353.5 of the family
6 court act made by section twenty-three of this act shall not affect the
7 expiration and reversion of such subdivision and shall expire and be
8 deemed repealed therewith, pursuant to section 11 of subpart A of part G
9 of chapter 57 of the laws of 2012 when upon such date the provisions of
10 section twenty-five of this act shall take effect;
11 2. the amendments to section 153-k of the social services law made by
12 section forty-seven of this act shall not affect the expiration of such
13 section and shall expire and be deemed repealed therewith;
14 3. the amendments to section 404 of the social services law made by
15 section fifty-one of this act shall not affect the expiration of such
16 section and shall expire and be deemed repealed therewith;
17 4. the amendments to subparagraph (ii) of paragraph (a) of subdivision
18 1 of section 409-a of the social services law made by section fifty-two
19 of this act shall not affect the expiration of such subparagraph and
20 shall expire and be deemed repealed therewith;
21 5. the amendments to subdivision 1 of section 70.20 of the penal law
22 made by section fifty-seven of this act shall not affect the expiration
23 of such subdivision and shall expire and be deemed repealed therewith;
24 6. the provisions of section fifty-nine of this act shall take effect
25 on December 1, 2015;
26 7. the provisions of sections sixty-six, seventy-nine, eighty and
27 eighty-one shall take effect immediately;
28 8. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
29 section 3214 of the education law made by section ninety of this act
30 shall not affect the expiration of such paragraph and shall be deemed to
31 expire therewith;
32 9. the amendments to the second undesignated paragraph of subdivision
33 4 of section 246 of the executive law made by section ninety-two of this
34 act shall not affect the expiration of such paragraph and shall expire
35 and be deemed repealed therewith;
36 10. the amendments made to section 3 of part K of chapter 57 of the
37 laws of 2012, amending the education law, relating to authorizing the
38 board of cooperative educational services to enter into contracts with
39 the commissioner of children and family services to provide certain
40 services, made by section one hundred three of this act shall not affect
41 the repeal of such section and shall be deemed to be repealed therewith;
42 and
43 11. section one hundred four of this act shall take effect immediate-
44 ly.
45 PART K
46 Section 1. The section heading of section 456 of the social services
47 law, as added by chapter 865 of the laws of 1977, is amended to read as
48 follows:
49 State reimbursement and payments.
50 § 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the
51 social services law, as amended by chapter 601 of the laws of 1994, are
52 amended to read as follows:
53 [(c) one hundred per centum of such payments after first deducting
54 therefrom any federal funds properly to be received on account of such
A. 6006 117
1 payments, for children placed out for adoption by a voluntary authorized
2 agency or for children being adopted after being placed out for adoption
3 by a voluntary authorized agency in accordance with the provisions of
4 this title,] or [(d)] (c) one hundred per centum of such payments after
5 first deducting therefrom any federal funds properly to be received on
6 account of such payments, for children placed out for adoption or being
7 adopted after being placed out for adoption by an Indian tribe as refer-
8 enced in subdivision seven of section four hundred fifty-one of this
9 title.
10 § 3. Section 456 of the social services law is amended by adding a new
11 subdivision 3 to read as follows:
12 3. Notwithstanding any other provision of law to the contrary, for a
13 child who has been placed for adoption by a voluntary authorized agency
14 with guardianship and custody or care and custody of such child, as
15 referenced in subdivision one of section four hundred fifty-one of this
16 title, payments available under section four hundred fifty-three, four
17 hundred fifty-three-a or four hundred fifty-four of this title shall be
18 made by the state pursuant to a written agreement between an official of
19 the office of children and family services and the persons who applied
20 for such payments prior to adoption. Notwithstanding any other provision
21 of law to the contrary, the office of children and family services shall
22 not enter into written agreements for, or issue, any such payments in
23 instances where the person or persons applying for such payments reside
24 outside of the state of New York at the time the application for such
25 payments is made.
26 § 4. This act shall take effect July 1, 2015 and shall only apply to
27 applications for payments under sections 453, 453-a or 454 of the social
28 services law that are made on or after such effective date; provided,
29 however, that effective immediately the commissioner of the office of
30 children and family services is authorized and directed to promulgate
31 such rules and regulations as he or she deems necessary to implement the
32 provisions of this act on or before its effective date.
33 PART L
34 Section 1. Section 458-a of the social services law is amended by
35 adding three new subdivisions 6, 7 and 8 to read as follows:
36 6. "Successor guardian" shall mean a person or persons named in the
37 agreement in effect between the relative guardian and social services
38 official for kinship guardianship assistance payments pursuant to this
39 title who shall provide care and guardianship for a child in the event
40 of death or incapacity of the relative guardian, as set forth in section
41 four hundred fifty-eight-b of this title, who has assumed care for and
42 is the guardian or permanent guardian of such child, provided that such
43 person was appointed guardian or permanent guardian of such child by the
44 court following, or due to, the death or incapacity of the relative
45 guardian.
46 7. "Prospective successor guardian" shall mean a person or persons
47 whom a prospective relative guardian or a relative guardian seeks to
48 name in the original kinship guardianship assistance agreement, or any
49 amendment thereto, as set forth in section four hundred fifty-eight-b of
50 this title, as the person or persons to provide care and guardianship
51 for a child in the event of the death or incapacity of a relative guard-
52 ian.
53 8. "Incapacity" shall mean a substantial inability to care for a child
54 as a result of: (a) a physically debilitating illness, disease or inju-
A. 6006 118
1 ry; or (b) a mental impairment that results in a substantial inability
2 to understand the nature and consequences of decisions concerning the
3 care of a child.
4 § 2. Section 458-b of the social services law is amended by adding a
5 new subdivision 1-a to read as follows:
6 1-a. A child shall remain eligible for kinship guardianship assist-
7 ance payments under this title when a successor guardian as defined in
8 subdivision six of section four hundred fifty-eight-a of this title
9 assumes care and guardianship of the child.
10 § 3. Subdivision 4 of section 458-b of the social services law is
11 amended by adding three new paragraphs (e), (f) and (g) to read as
12 follows:
13 (e) The original kinship guardianship assistance agreement executed in
14 accordance with this section and any amendments thereto may name an
15 appropriate person to act as a successor guardian for the purpose of
16 providing care and guardianship for a child in the event of death or
17 incapacity of the relative guardian.
18 (f) A fully executed agreement between a relative guardian and a
19 social services official may be amended to add or modify terms and
20 conditions mutually agreeable to the relative guardian and the social
21 services official, including the naming of an appropriate person as a
22 successor guardian to provide care and guardianship for a child in the
23 event of death or incapacity of the relative guardian.
24 (g) The social services official shall inform the relative guardian of
25 the right to name an appropriate person to act as a successor guardian
26 in the original kinship guardianship assistance agreement or through an
27 amendment to such agreement.
28 § 4. Subdivision 5 of section 458-b of the social services law, as
29 added by section 4 of part F of chapter 58 of the laws of 2010, is
30 amended to read as follows:
31 5. (a) Once the prospective relative guardian with whom a social
32 services official has entered into an agreement under subdivision four
33 of this section has been issued letters of guardianship for the child
34 and the child has been finally discharged from foster care to such rela-
35 tive, a social services official shall make monthly kinship guardianship
36 assistance payments for the care and maintenance of the child.
37 (b) A social services district shall make monthly kinship guardianship
38 assistance payments for the care and maintenance of a child to a succes-
39 sor guardian in the event of death or incapacity of a relative guardian,
40 provided however that such payments shall not be authorized until the
41 successor guardian is granted guardianship or permanent guardianship of
42 a child by the court and assumes care of such child; provided, further,
43 however, that if the successor guardian assumes care of the child prior
44 to being granted guardianship or permanent guardianship of the child by
45 the court, payments under this title shall be made retroactively from:
46 (i) in the event of death of the relative guardian, the date the succes-
47 sor guardian assumed care of the child or the date of death of the rela-
48 tive guardian, whichever is later; or (ii) in the event of incapacity of
49 the relative guardian, the date the successor guardian assumed care of
50 the child or the date of incapacity of the relative guardian, whichever
51 is later.
52 (c) In the event that a successor guardian assumed care and was
53 awarded guardianship or permanent guardianship of a child by the court
54 due to the incapacity of a relative guardian and the relative guardian
55 is subsequently awarded or resumes guardianship or permanent guardian-
56 ship of such child and assumes care of such child after the incapacity
A. 6006 119
1 ends, a social services official shall make monthly kinship guardianship
2 assistance payments for the care and maintenance of the child to the
3 relative guardian, in accordance with the terms of the fully executed
4 written agreement.
5 § 5. Paragraph (b) of subdivision 7 of section 458-b of the social
6 services law, as added by section 4 of part F of chapter 58 of the laws
7 of 2010, is amended to read as follows:
8 (b) (i) Notwithstanding paragraph (a) of this subdivision, and except
9 as provided for in paragraph (b) of subdivision five of this section, no
10 kinship guardianship assistance payments may be made pursuant to this
11 title if the social services official determines that the relative guar-
12 dian is no longer legally responsible for the support of the child,
13 including if the status of the legal guardian is terminated or the child
14 is no longer receiving any support from such guardian. In accordance
15 with the regulations of the office, a relative guardian who has been
16 receiving kinship guardianship assistance payments on behalf of a child
17 under this title must keep the social services official informed, on an
18 annual basis, of any circumstances that would make the relative guardian
19 ineligible for such payments or eligible for payments in a different
20 amount.
21 (ii) Notwithstanding paragraph (a) of this subdivision, and except as
22 provided for in paragraph (c) of subdivision five of this section, no
23 kinship guardianship assistance payments may be made pursuant to this
24 title to a successor guardian if the social services official determines
25 that the successor guardian is no longer legally responsible for the
26 support of the child, including if the status of the successor guardian
27 is terminated or the child is no longer receiving any support from such
28 guardian. A successor guardian who has been receiving kinship guardian-
29 ship assistance payments on behalf of a child under this title must keep
30 the social services official informed, on an annual basis, of any
31 circumstances that would make the successor guardian ineligible for such
32 payments or eligible for payments in a different amount.
33 § 6. Subdivision 8 of section 458-b of the social services law, as
34 added by section 4 of part F of chapter 58 of the laws of 2010, is
35 amended to read as follows:
36 8. The placement of the child with the relative guardian or successor
37 guardian and any kinship guardianship assistance payments made on behalf
38 of the child under this section shall be considered never to have been
39 made when determining the eligibility for adoption subsidy payments
40 under title nine of this article of a child in such legal guardianship
41 arrangement.
42 § 7. Subdivision 2 of section 458-d of the social services law, as
43 added by section 4 of part F of chapter 58 of the laws of 2010, is
44 amended to read as follows:
45 2. In addition, a social services official shall make payments for the
46 cost of care, services and supplies payable under the state's program of
47 medical assistance for needy persons provided to any child for whom
48 kinship guardianship assistance payments are being made under this title
49 who is not eligible for medical assistance under subdivision one of this
50 section and for whom the relative or successor guardian is unable to
51 obtain appropriate and affordable medical coverage through any other
52 available means, regardless of whether the child otherwise qualifies for
53 medical assistance for needy persons. Payments pursuant to this subdivi-
54 sion shall be made only with respect to the cost of care, services, and
55 supplies which are not otherwise covered or subject to payment or
56 reimbursement by insurance, medical assistance or other sources.
A. 6006 120
1 Payments made pursuant to this subdivision shall only be made if the
2 relative or successor guardian applies to obtain such medical coverage
3 for the child from all available sources, unless the social services
4 official determines that the relative guardian has good cause for not
5 applying for such coverage; which shall include that appropriate cover-
6 age is not available or affordable.
7 § 8. Subdivisions 1 and 2 of section 458-f of the social services law,
8 as added by section 4 of part F of chapter 58 of the laws of 2010, are
9 amended to read as follows:
10 1. Any person aggrieved by the decision of a social services official
11 not to make a payment or payments pursuant to this title or to make such
12 payment or payments in an inadequate or inappropriate amount or the
13 failure of a social services official to determine an application under
14 this title within thirty days after filing, or the failure of a social
15 services district to approve payments for a prospective successor guard-
16 ian, may appeal to the office of children and family services, which
17 shall review the case and give such person an opportunity for a fair
18 hearing thereon and render its decision within thirty days. All deci-
19 sions of the office of children and family services shall be binding
20 upon the social services district involved and shall be complied with by
21 the social services official thereof.
22 2. The only issues which may be raised in a fair hearing under this
23 section are: (a) whether the social services official has improperly
24 denied an application for payments under this title; (b) whether the
25 social services official has improperly discontinued payments under this
26 title; (c) whether the social services official has determined the
27 amount of the payments made or to be made in violation of the provisions
28 of this title or the regulations of the office of children and family
29 services promulgated hereunder; [or] (d) whether the social services
30 official has failed to determine an application under this title within
31 thirty days; or (e) whether the social services official has improperly
32 denied an application to name a prospective successor guardian in the
33 original kinship guardianship assistance agreement for payments pursuant
34 to this title or any amendments thereto.
35 § 9. Paragraph (c) of subdivision 7 of section 353.3 of the family
36 court act, as amended by section 6 of part G of chapter 58 of the laws
37 of 2010, is amended to read as follows:
38 (c) Where the respondent is placed pursuant to subdivision two or
39 three of this section, such report shall contain a plan for the release,
40 or conditional release (pursuant to section five hundred ten-a of the
41 executive law), of the respondent to the custody of his or her parent or
42 other person legally responsible, [to independent living] or to another
43 permanency alternative as provided in paragraph (d) of subdivision seven
44 of section 355.5 of this part. If the respondent is subject to article
45 sixty-five of the education law or elects to participate in an educa-
46 tional program leading to a high school diploma, such plan shall
47 include, but not be limited to, the steps that the agency with which the
48 respondent is placed has taken and will be taking to facilitate the
49 enrollment of the respondent in a school or educational program leading
50 to a high school diploma following release, or, if such release occurs
51 during the summer recess, upon the commencement of the next school term.
52 If the respondent is not subject to article sixty-five of the education
53 law and does not elect to participate in an educational program leading
54 to a high school diploma, such plan shall include, but not be limited
55 to, the steps that the agency with which the respondent is placed has
A. 6006 121
1 taken and will be taking to assist the respondent to become gainfully
2 employed or enrolled in a vocational program following release.
3 § 10. Paragraph (b) of subdivision 7 of section 355.5 of the family
4 court act, as added by chapter 7 of the laws of 1999, is amended to read
5 as follows:
6 (b) in the case of a respondent who has attained the age of [sixteen]
7 fourteen, the services needed, if any, to assist the respondent to make
8 the transition from foster care to independent living;
9 § 11. Paragraph (d) of subdivision 7 of section 355.5 of the family
10 court act, as amended by chapter 181 of the laws of 2000, is amended to
11 read as follows:
12 (d) with regard to the completion of placement ordered by the court
13 pursuant to section 353.3 or 355.3 of this [article] part: whether and
14 when the respondent: (i) will be returned to the parent; (ii) should be
15 placed for adoption with the local commissioner of social services
16 filing a petition for termination of parental rights; (iii) should be
17 referred for legal guardianship; (iv) should be placed permanently with
18 a fit and willing relative; or (v) should be placed in another planned
19 permanent living arrangement with a significant connection to an adult
20 willing to be a permanency resource for the respondent if the respondent
21 is age sixteen or older and (A) the office of children and family
22 services or the local commissioner of social services has documented to
23 the court [a]: (1) the intensive, ongoing, and, as of the date of the
24 hearing, unsuccessful efforts made to return the respondent home or
25 secure a placement for the respondent with a fit and willing relative
26 including adult siblings, a legal guardian, or an adoptive parent,
27 including through efforts that utilize search technology including
28 social media to find biological family members for children, (2) the
29 steps being taken to ensure that (I) the respondent's foster family home
30 or child care facility is following the reasonable and prudent parent
31 standard in accordance with guidance provided by the United States
32 department of health and human services, and (II) the respondent has
33 regular, ongoing opportunities to engage in age or developmentally
34 appropriate activities including by consulting with the respondent in an
35 age-appropriate manner about the opportunities of the respondent to
36 participate in activities; and (B) the office of children and family
37 services or the local commissioner of social services has documented to
38 the court and the court has determined that there are compelling
39 [reason] reasons for determining that it [would] continues to not be in
40 the best interest of the respondent to return home, be referred for
41 termination of parental rights and placed for adoption, placed with a
42 fit and willing relative, or placed with a legal guardian; and (C) the
43 court has made a determination explaining why, as of the date of this
44 hearing, another planned living arrangement with a significant
45 connection to an adult willing to be a permanency resource for the
46 respondent is the best permanency plan for the respondent; and
47 § 12. Subdivision 8 of section 355.5 of the family court act, as added
48 by section 2 of part B of chapter 327 of the laws of 2007, is amended to
49 read as follows:
50 8. At the permanency hearing, the court shall consult with the
51 respondent in an age-appropriate manner regarding the permanency plan
52 for the respondent; provided, however, that if the respondent is age
53 sixteen or older and the requested permanency plan for the respondent is
54 placement in another planned permanent living arrangement with a signif-
55 icant connection to an adult willing to be a permanency resource for the
A. 6006 122
1 respondent, the court must ask the respondent about the desired perman-
2 ency outcome for the respondent.
3 § 13. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
4 754 of the family court act, as amended by chapter 7 of the laws of
5 1999, is amended to read as follows:
6 (ii) in the case of a child who has attained the age of [sixteen]
7 fourteen, the services needed, if any, to assist the child to make the
8 transition from foster care to independent living. Nothing in this
9 subdivision shall be construed to modify the standards for directing
10 detention set forth in section seven hundred thirty-nine of this arti-
11 cle.
12 § 14. The closing paragraph of paragraph (b) of subdivision 2 of
13 section 754 of the family court act, as added by chapter 7 of the laws
14 of 1999, is amended to read as follows:
15 If the court determines that reasonable efforts are not required
16 because of one of the grounds set forth above, a permanency hearing
17 shall be held within thirty days of the finding of the court that such
18 efforts are not required. At the permanency hearing, the court shall
19 determine the appropriateness of the permanency plan prepared by the
20 social services official which shall include whether and when the child:
21 (A) will be returned to the parent; (B) should be placed for adoption
22 with the social services official filing a petition for termination of
23 parental rights; (C) should be referred for legal guardianship; (D)
24 should be placed permanently with a fit and willing relative; or (E)
25 should be placed in another planned permanent living arrangement with a
26 significant connection to an adult willing to be a permanency resource
27 for the child if the child is age sixteen or older and if the [social
28 services official has documented to the court a compelling reason for
29 determining that it would not be in the best interest of the child to
30 return home, be referred for termination of parental rights and placed
31 for adoption, placed with a fit and willing relative, or placed with a
32 legal guardian] requirements of subparagraph (E) of paragraph (iv) of
33 subdivision (d) of section seven hundred fifty-six-a of this part have
34 been met. The social services official shall thereafter make reasonable
35 efforts to place the child in a timely manner and to complete whatever
36 steps are necessary to finalize the permanent placement of the child as
37 set forth in the permanency plan approved by the court. If reasonable
38 efforts are determined by the court not to be required because of one of
39 the grounds set forth in this paragraph, the social services official
40 may file a petition for termination of parental rights in accordance
41 with section three hundred eighty-four-b of the social services law.
42 § 15. Paragraph (ii) of subdivision (d) of section 756-a of the family
43 court act, as amended by section 4 of part B of chapter 327 of the laws
44 of 2007, is amended to read as follows:
45 (ii) in the case of a child who has attained the age of [sixteen]
46 fourteen, the services needed, if any, to assist the child to make the
47 transition from foster care to independent living;
48 § 16. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
49 the family court act, as amended by section 4 of part B of chapter 327
50 of the laws of 2007, are amended to read as follows:
51 (iii) in the case of a child placed outside New York state, whether
52 the out-of-state placement continues to be appropriate and in the best
53 interests of the child; [and]
54 (iv) whether and when the child: (A) will be returned to the parent;
55 (B) should be placed for adoption with the social services official
56 filing a petition for termination of parental rights; (C) should be
A. 6006 123
1 referred for legal guardianship; (D) should be placed permanently with a
2 fit and willing relative; or (E) should be placed in another planned
3 permanent living arrangement with a significant connection to an adult
4 willing to be a permanency resource for the child if the child is age
5 sixteen or older and (1) the social services official has documented to
6 the court [a]: (I) intensive, ongoing, and, as of the date of the hear-
7 ing, unsuccessful efforts made by the social services district to return
8 the child home or secure a placement for the child with a fit and will-
9 ing relative including adult siblings, a legal guardian, or an adoptive
10 parent, including through efforts that utilize search technology includ-
11 ing social media to find biological family members for children, (II)
12 the steps the social services district is taking to ensure that (A) the
13 child's foster family home or child care facility is following the
14 reasonable and prudent parent standard in accordance with guidance
15 provided by the United States department of health and human services,
16 and (B) the child has regular, ongoing opportunities to engage in age or
17 developmentally appropriate activities including by consulting with the
18 child in an age-appropriate manner about the opportunities of the child
19 to participate in activities; and (2) the social services district has
20 documented to the court and the court has determined that there are
21 compelling [reason] reasons for determining that it [would] continues to
22 not be in the best interest of the child to return home, be referred for
23 termination of parental rights and placed for adoption, placed with a
24 fit and willing relative, or placed with a legal guardian; and (3) the
25 court has made a determination explaining why, as of the date of the
26 hearing, another planned living arrangement with a significant
27 connection to an adult willing to be a permanency resource for the child
28 is the best permanency plan for the child; and
29 (v) where the child will not be returned home, consideration of appro-
30 priate in-state and out-of-state placements.
31 § 17. Subdivision (d-1) of section 756-a of the family court act, as
32 added by section 4 of part B of chapter 327 of the laws of 2007, is
33 amended to read as follows:
34 (d-1) At the permanency hearing, the court shall consult with the
35 respondent in an age-appropriate manner regarding the permanency plan;
36 provided, however, that if the respondent is age sixteen or older and
37 the requested permanency plan for the respondent is placement in another
38 planned permanent living arrangement with a significant connection to an
39 adult willing to be a permanency resource for the respondent, the court
40 must ask the respondent about the desired permanency outcome for the
41 respondent.
42 § 18. Paragraph (v) of subdivision (c) of section 1039-b of the family
43 court act, as amended by section 5 of part B of chapter 327 of the laws
44 of 2007, is amended to read as follows:
45 (v) should be placed in another planned permanent living arrangement
46 with a significant connection to an adult willing to be a permanency
47 resource for the child if the child is age sixteen or older and if the
48 [social services official has documented to the court a compelling
49 reason for determining that it would not be in the best interests of the
50 child to return home, be referred for termination of parental rights and
51 placed for adoption, placed with a fit and willing relative, or placed
52 with a legal guardian] requirements of clause (E) of subparagraph (i) of
53 paragraph two of subdivision (d) of section one thousand eighty-nine of
54 this chapter have been met. The social services official shall there-
55 after make reasonable efforts to place the child in a timely manner,
56 including consideration of appropriate in-state and out-of-state place-
A. 6006 124
1 ments, and to complete whatever steps are necessary to finalize the
2 permanent placement of the child as set forth in the permanency plan
3 approved by the court. If reasonable efforts are determined by the court
4 not to be required because of one of the grounds set forth in this para-
5 graph, the social services official may file a petition for termination
6 of parental rights in accordance with section three hundred
7 eighty-four-b of the social services law.
8 § 19. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of
9 subdivision (b) of section 1052 of the family court act, as amended by
10 section 7 of part B of chapter 327 of the laws of 2007, is amended to
11 read as follows:
12 (v) should be placed in another planned permanent living arrangement
13 that includes a significant connection to an adult [who is] willing to
14 be a permanency resource for the child, if the child is age sixteen or
15 older and if the [social services official has documented to the court a
16 compelling reason for determining that it would not be in the best
17 interest of the child to return home, be referred for termination of
18 parental rights and placed for adoption, placed with a fit and willing
19 relative, or placed with a legal guardian] requirements of clause (E) of
20 subparagraph (i) of paragraph two of subdivision (d) of section one
21 thousand eighty-nine of the chapter have been met. The social services
22 official shall thereafter make reasonable efforts to place the child in
23 a timely manner, including consideration of appropriate in-state and
24 out-of-state placements, and to complete whatever steps are necessary to
25 finalize the permanent placement of the child as set forth in the
26 permanency plan approved by the court. If reasonable efforts are deter-
27 mined by the court not to be required because of one of the grounds set
28 forth in this paragraph, the social services official may file a peti-
29 tion for termination of parental rights in accordance with section three
30 hundred eighty-four-b of the social services law.
31 § 20. Subparagraph (v) of paragraph 1 of subdivision (c) of section
32 1089 of the family court act, as added by section 27 of part A of chap-
33 ter 3 of the laws of 2005, is amended to read as follows:
34 (v) placement in another planned permanent living arrangement that
35 includes a significant connection to an adult who is willing to be a
36 permanency resource for the child if the child is age sixteen or older,
37 including documentation of: (A) intensive, ongoing, and, as of the date
38 of the hearing, unsuccessful efforts to return the child home or secure
39 a placement for the child with a fit and willing relative including
40 adult siblings, a legal guardian, or an adoptive parent, including
41 through efforts that utilize search technology including social media to
42 find biological family members for children, (B) the steps being taken
43 to ensure that (I) the child's foster family home or child care facility
44 is following the reasonable and prudent parent standard in accordance
45 with the guidance provided by the United States department of health and
46 human services, and (II) the child has regular, ongoing opportunities to
47 engage in age or developmentally appropriate activities including by
48 consulting with the child in an age-appropriate manner about the oppor-
49 tunities of the child to participate in activities, and (C) the compel-
50 ling [reason] reasons for determining that it [would] continues to not
51 be in the best interests of the child to be returned home, placed for
52 adoption, placed with a legal guardian, or placed with a fit and willing
53 relative;
54 § 21. The opening paragraph of subdivision (d) of section 1089 of the
55 family court act, as amended by chapter 334 of the laws of 2009, is
56 amended to read as follows:
A. 6006 125
1 Evidence, court findings and order. The provisions of subdivisions (a)
2 and (c) of section one thousand forty-six of this act shall apply to all
3 proceedings under this article. The permanency hearing shall include an
4 age appropriate consultation with the child; provided, however that if
5 the child is age sixteen or older and the requested permanency plan for
6 the child is placement in another planned permanent living arrangement
7 with a significant connection to an adult willing to be a permanency
8 resource for the child, the court must ask the child about the desired
9 permanency outcome for the child. At the conclusion of each permanency
10 hearing, the court shall, upon the proof adduced, [which shall include
11 age-appropriate consultation with the child who is the subject of the
12 permanency hearing,] and in accordance with the best interests and safe-
13 ty of the child, including whether the child would be at risk of abuse
14 or neglect if returned to the parent or other person legally responsi-
15 ble, determine and issue its findings, and enter an order of disposition
16 in writing:
17 § 22. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
18 of section 1089 of the family court act, as added by section 27 of part
19 A of chapter 3 of the laws of 2005, is amended to read as follows:
20 (E) placement in another planned permanent living arrangement that
21 includes a significant connection to an adult willing to be a permanency
22 resource for the child if the [local social services official has docu-
23 mented to] child is age sixteen or older and the court [a] has deter-
24 mined that as of the date of the permanency hearing, another planned
25 permanency living arrangement with a significant connection to an adult
26 willing to be a permanency resource for the child is the best permanency
27 plan for the child and there are compelling [reason] reasons for deter-
28 mining that it [would] continues to not be in the best interests of the
29 child to return home, be referred for termination of parental rights and
30 placed for adoption, placed with a fit and willing relative, or placed
31 with a legal guardian;
32 § 23. Subdivision 2 of section 4173 of the public health law, as
33 amended by chapter 644 of the laws of 1988, is amended to read as
34 follows:
35 2. A certified copy or certified transcript of a birth record shall be
36 issued only upon order of a court of competent jurisdiction or upon a
37 specific request therefor by the person, if eighteen years of age or
38 more, or by a parent or other lawful representative of the person to
39 whom the record of birth relates including an authorized representative
40 of the office of children and family services or a local social services
41 district if the person is in the care and custody or custody and guardi-
42 anship of such entity.
43 § 24. Paragraph (b) of subdivision 1 of section 4174 of the public
44 health law, as amended by chapter 396 of the laws of 1989, is amended to
45 read as follows:
46 (b) issue certified copies or certified transcripts of birth certif-
47 icates only (1) upon order of a court of competent jurisdiction, or (2)
48 upon specific request therefor by the person, if eighteen years of age
49 or more, or by a parent or other lawful representative of the person, to
50 whom the record of birth relates including authorized representatives of
51 a local social services district if the person is in the care and custo-
52 dy or custody and guardianship of such district, or (3) upon specific
53 request therefor by a department of a state or the federal government of
54 the United States;
A. 6006 126
1 § 25. Subdivision 4 of section 4174 of the public health law, as
2 amended by section 132 of subpart B of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 4. No fee shall be charged for a search, certification, certificate,
5 certified copy or certified transcript of a record to be used for school
6 entrance, employment certificate or for purposes of public relief or
7 when required by the veterans administration to be used in determining
8 the eligibility of any person to participate in the benefits made avail-
9 able by the veterans administration or when required by a board of
10 elections for the purposes of determining voter eligibility or when
11 requested by the department of corrections and community supervision or
12 a local correctional facility as defined in subdivision sixteen of
13 section two of the correction law for the purpose of providing a certi-
14 fied copy or certified transcript of birth to an inmate in anticipation
15 of such inmate's release from custody or when requested by the office of
16 children and family services or an authorized agency for the purpose of
17 providing a certified copy or certified transcript of birth to a youth
18 placed in the care and custody or custody and guardianship of the local
19 commissioner of social services or the care and custody or custody and
20 guardianship of the office of children and family services [pursuant to
21 article three of the family court act] in anticipation of such youth's
22 discharge from placement or foster care.
23 § 26. Subdivision 1 of section 837-e of the executive law, as amended
24 by chapter 690 of the laws of 1994, is amended to read as follows:
25 1. There is hereby established through electronic data processing and
26 related procedures, a statewide central register for missing children
27 which shall be compatible with the national crime information center
28 register maintained pursuant to the federal missing children act of
29 nineteen hundred eighty-two[, such missing]. As used in this article,
30 the term missing child [hereinafter defined as] shall mean any person
31 under the age of eighteen years, or any youth, under the age of twenty-
32 one years, that the office of children and family services or a local
33 department of social services has responsibility for placement, care, or
34 supervision, or who is the subject child of a child protective investi-
35 gation, is receiving services under section 477 of the Social Security
36 Act, or has run away from foster care, where such office or department
37 has reasonable cause to believe that such youth is, or is at risk of
38 being, a sex trafficking victim, who is missing from his or her normal
39 and ordinary place of residence and whose whereabouts cannot be deter-
40 mined by a person responsible for the child's care and any child known
41 to have been taken, enticed or concealed from the custody of his or her
42 lawful guardian by a person who has no legal right to do so.
43 § 27. Severability. If any clause, sentence, paragraph, subdivision,
44 section or part contained in any part of this act shall be adjudged by
45 any court of competent jurisdiction to be invalid, such judgment shall
46 not affect, impair, or invalidate the remainder thereof, but shall be
47 confined in its operation to the clause, sentence, paragraph, subdivi-
48 sion, section or part contained in any part thereof directly involved in
49 the controversy in which such judgment shall have been rendered. It is
50 hereby declared to be the intent of the legislature that this act would
51 have been enacted even if such invalid provisions had not been included
52 herein.
53 § 28. This act shall take effect immediately, provided however that
54 sections nine through twenty-five of this act shall take effect Septem-
55 ber 1, 2015 and section twenty-six of this act shall take effect January
56 1, 2016.
A. 6006 127
1 PART M
2 Section 1. Notwithstanding any other provision of law, the housing
3 trust fund corporation may provide, for purposes of the rural rental
4 assistance program, a sum not to exceed twenty-one million six hundred
5 forty-two thousand dollars for the fiscal year ending March 31, 2016.
6 Notwithstanding any other provision of law, and subject to the approval
7 of the New York state director of the budget, the board of directors of
8 the state of New York mortgage agency shall authorize the transfer to
9 the housing trust fund corporation, for the purposes of reimbursing any
10 costs associated with rural rental assistance program contracts author-
11 ized by this section, a total sum not to exceed twenty-one million six
12 hundred forty-two thousand dollars, such transfer to be made from (i)
13 the special account of the mortgage insurance fund created pursuant to
14 section 2429-b of the public authorities law, in an amount not to exceed
15 the actual excess balance in the special account of the mortgage insur-
16 ance fund, as determined and certified by the state of New York mortgage
17 agency for the fiscal year 2014-2015 in accordance with section 2429-b
18 of the public authorities law, if any, and/or (ii) provided that the
19 reserves in the project pool insurance account of the mortgage insurance
20 fund created pursuant to section 2429-b of the public authorities law
21 are sufficient to attain and maintain the credit rating (as determined
22 by the state of New York mortgage agency) required to accomplish the
23 purposes of such account, the project pool insurance account of the
24 mortgage insurance fund, such transfer to be made as soon as practicable
25 but no later than June 30, 2015. Notwithstanding any other provision of
26 law, such funds may be used by the corporation in support of contracts
27 scheduled to expire in the fiscal year ending March 31, 2016 for as many
28 as 10 additional years; in support of contracts for new eligible
29 projects for a period not to exceed 5 years; and in support of contracts
30 which reach their 25 year maximum in and/or prior to the fiscal year
31 ending March 31, 2016 for an additional one year period.
32 § 2. Notwithstanding any other provision of law, the housing finance
33 agency may provide, for costs associated with the rehabilitation of
34 Mitchell Lama housing projects, a sum not to exceed forty-two million
35 dollars for the fiscal year ending March 31, 2016. Notwithstanding any
36 other provision of law, and provided that the reserves in the project
37 pool insurance account of the mortgage insurance fund created pursuant
38 to section 2429-b of the public authorities law are sufficient to attain
39 and maintain the credit rating (as determined by the state of New York
40 mortgage agency) required to accomplish the purposes of such account,
41 the board of directors of the state of New York mortgage agency shall
42 authorize the transfer from the project pool insurance account of the
43 mortgage insurance fund to the housing finance agency, for the purposes
44 of reimbursing any costs associated with Mitchell Lama housing projects
45 authorized by this section, a total sum not to exceed forty-two million
46 dollars as soon as practicable but no later than March 31, 2016.
47 § 3. Notwithstanding any other provision of law, the housing trust
48 fund corporation may provide, for purposes of the neighborhood preserva-
49 tion program, a sum not to exceed eight million four hundred seventy-
50 nine thousand dollars for the fiscal year ending March 31, 2016. Within
51 this total amount one hundred fifty thousand dollars shall be used for
52 the purpose of entering into a contract with the neighborhood preserva-
53 tion coalition to provide technical assistance and service to companies
54 funded pursuant to article XVI of the private housing finance law.
55 Notwithstanding any other provision of law, and subject to the approval
A. 6006 128
1 of the New York state director of the budget, the board of directors of
2 the state of New York mortgage agency shall authorize the transfer to
3 the housing trust fund corporation, for the purposes of reimbursing any
4 costs associated with neighborhood preservation program contracts
5 authorized by this section, a total sum not to exceed eight million four
6 hundred seventy-nine thousand dollars, such transfer to be made from (i)
7 the special account of the mortgage insurance fund created pursuant to
8 section 2429-b of the public authorities law, in an amount not to exceed
9 the actual excess balance in the special account of the mortgage insur-
10 ance fund, as determined and certified by the state of New York mortgage
11 agency for the fiscal year 2014-2015 in accordance with section 2429-b
12 of the public authorities law, if any, and/or (ii) provided that the
13 reserves in the project pool insurance account of the mortgage insurance
14 fund created pursuant to section 2429-b of the public authorities law
15 are sufficient to attain and maintain the credit rating (as determined
16 by the state of New York mortgage agency) required to accomplish the
17 purposes of such account, the project pool insurance account of the
18 mortgage insurance fund, such transfer to be made as soon as practicable
19 but no later than June 30, 2015.
20 § 4. Notwithstanding any other provision of law, the housing trust
21 fund corporation may provide, for purposes of the rural preservation
22 program, a sum not to exceed three million five hundred thirty-nine
23 thousand dollars for the fiscal year ending March 31, 2016. Within this
24 total amount one hundred fifty thousand dollars shall be used for the
25 purpose of entering into a contract with the rural housing coalition to
26 provide technical assistance and services to companies funded pursuant
27 to article XVII of the private housing finance law. Notwithstanding any
28 other provision of law, and subject to the approval of the New York
29 state director of the budget, the board of directors of the state of New
30 York mortgage agency shall authorize the transfer to the housing trust
31 fund corporation, for the purposes of reimbursing any costs associated
32 with rural preservation program contracts authorized by this section, a
33 total sum not to exceed three million five hundred thirty-nine thousand
34 dollars, such transfer to be made from (i) the special account of the
35 mortgage insurance fund created pursuant to section 2429-b of the public
36 authorities law, in an amount not to exceed the actual excess balance in
37 the special account of the mortgage insurance fund, as determined and
38 certified by the state of New York mortgage agency for the fiscal year
39 2014-2015 in accordance with section 2429-b of the public authorities
40 law, if any, and/or (ii) provided that the reserves in the project pool
41 insurance account of the mortgage insurance fund created pursuant to
42 section 2429-b of the public authorities law are sufficient to attain
43 and maintain the credit rating (as determined by the state of New York
44 mortgage agency) required to accomplish the purposes of such account,
45 the project pool insurance account of the mortgage insurance fund, such
46 transfer to be made as soon as practicable but no later than June 30,
47 2015.
48 § 5. Notwithstanding any other provision of law, the housing trust
49 fund corporation may provide, for purposes of the rural and urban commu-
50 nity investment fund program created pursuant to article XXVII of the
51 private housing finance law, a sum not to exceed ten million dollars for
52 the fiscal year ending March 31, 2016. Notwithstanding any other
53 provision of law, and provided that the reserves in the project pool
54 insurance account of the mortgage insurance fund created pursuant to
55 section 2429-b of the public authorities law are sufficient to attain
56 and maintain the credit rating (as determined by the state of New York
A. 6006 129
1 mortgage agency) required to accomplish the purposes of such account,
2 the board of directors of the state of New York mortgage agency shall
3 authorize the transfer from the project pool insurance account of the
4 mortgage insurance fund to the housing trust fund corporation, for the
5 purposes of reimbursing any costs associated with rural and urban commu-
6 nity investment fund program contracts authorized by this section, a
7 total sum not to exceed ten million dollars as soon as practicable but
8 not later than March 31, 2016.
9 § 6. Notwithstanding any other provision of law, the housing trust
10 fund corporation may provide, for the purposes of the urban initiatives
11 program created pursuant to article XVI-A of the private housing finance
12 law, a sum not to exceed five million dollars for the fiscal year ending
13 March 31, 2016. Notwithstanding any other provision of law, and provided
14 that the reserves in the project pool insurance account of the mortgage
15 insurance fund created pursuant to section 2429-b of the public authori-
16 ties law are sufficient to attain and maintain the credit rating (as
17 determined by the state of New York mortgage agency) required to accom-
18 plish the purposes of such account, the board of directors of the state
19 of New York mortgage agency shall authorize the transfer from the
20 project pool insurance account of the mortgage insurance fund to the
21 housing trust fund corporation, for the purposes of reimbursing any
22 costs associated with urban initiatives projects authorized by this
23 section, a total sum not to exceed five million dollars as soon as prac-
24 ticable but not later than March 31, 2016.
25 § 7. Notwithstanding any other provision of law, the housing trust
26 fund corporation may provide, for purposes of the rural area revitaliza-
27 tion projects program created pursuant to article XVII-B of the private
28 housing finance law, a sum not to exceed two million dollars for the
29 fiscal year ending March 31, 2016. Notwithstanding any other provision
30 of law, and provided that the reserves in the project pool insurance
31 account of the mortgage insurance fund created pursuant to section
32 2429-b of the public authorities law are sufficient to attain and main-
33 tain the credit rating (as determined by the state of New York mortgage
34 agency) required to accomplish the purposes of such account, the board
35 of directors of the state of New York mortgage agency shall authorize
36 the transfer from the project pool insurance account of the mortgage
37 insurance fund to the housing trust fund corporation, for the purposes
38 of reimbursing any costs associated with rural area revitalization
39 projects authorized by this section, a total sum not to exceed two
40 million dollars as soon as practicable but not later than March 31,
41 2016.
42 § 8. Notwithstanding any other provision of law, the housing trust
43 fund corporation may provide, for the purposes of carrying out the
44 provisions of the low income housing trust fund program created pursuant
45 to article XVIII of the private housing finance law, a sum not to exceed
46 seven million five hundred thousand dollars for the fiscal year ending
47 March 31, 2016. Notwithstanding any other provision of law, and provided
48 that reserves in the project pool insurance account of the mortgage
49 insurance fund created pursuant to section 2429-b of the public authori-
50 ties law are sufficient to attain and maintain the credit rating (as
51 determined by the state of New York mortgage agency) required to accom-
52 plish the purposes of such account, the board of directors of the state
53 of New York mortgage agency shall authorize the transfer from the
54 project pool insurance account of the mortgage insurance fund to the
55 housing trust fund corporation, for the purposes of carrying out the
56 provisions of the low income housing trust fund program created pursuant
A. 6006 130
1 to article XVIII of the private housing finance law authorized by this
2 section, a total sum not to exceed seven million five hundred thousand
3 dollars as soon as practicable but no later than March 31, 2016.
4 § 9. Notwithstanding any other provision of law, the housing trust
5 fund corporation may provide, for purposes of the homes for working
6 families program for deposit in the housing trust fund created pursuant
7 to section 59-a of the private housing finance law and subject to the
8 provisions of article XVIII of the private housing finance law, a sum
9 not to exceed eight million five hundred thousand dollars for the fiscal
10 year ending March 31, 2016. Notwithstanding any other provision of law,
11 and provided that the reserves in the project pool insurance account of
12 the mortgage insurance fund created pursuant to section 2429-b of the
13 public authorities law are sufficient to attain and maintain the credit
14 rating (as determined by the state of New York mortgage agency) required
15 to accomplish the purposes of such account, the board of directors of
16 the state of New York mortgage agency shall authorize the transfer from
17 the project pool insurance account of the mortgage insurance fund to the
18 housing trust fund corporation, for the purposes of reimbursing any
19 costs associated with homes for working families program contracts
20 authorized by this section, a total sum not to exceed eight million five
21 hundred thousand dollars as soon as practicable but no later than March
22 31, 2016.
23 § 10. Notwithstanding any other provision of law, the homeless housing
24 and assistance corporation may provide, for purposes of the New York
25 state supportive housing program, the solutions to end homelessness
26 program or the operational support for AIDS housing program, or to qual-
27 ified grantees under those programs, in accordance with the requirements
28 of those programs, a sum not to exceed thirty-one million three hundred
29 forty thousand dollars for the fiscal year ending March 31, 2016. The
30 homeless housing and assistance corporation may enter into an agreement
31 with the office of temporary and disability assistance to administer
32 such sum in accordance with the requirements of the programs. Notwith-
33 standing any other provision of law, and subject to the approval of the
34 director of the budget, the board of directors of the state of New York
35 mortgage agency shall authorize the transfer to the homeless housing and
36 assistance corporation, a total sum not to exceed thirty-one million
37 three hundred forty thousand dollars, such transfer to be made from (i)
38 the special account of the mortgage insurance fund created pursuant to
39 section 2429-b of the public authorities law, in an amount not to exceed
40 the actual excess balance in the special account of the mortgage insur-
41 ance fund, as determined and certified by the state of New York mortgage
42 agency for the fiscal year 2014-2015 in accordance with section 2429-b
43 of the public authorities law, if any, and/or (ii) provided that the
44 reserves in the project pool insurance account of the mortgage insurance
45 fund created pursuant to section 2429-b of the public authorities law
46 are sufficient to attain and maintain the credit rating (as determined
47 by the state of New York mortgage agency) required to accomplish the
48 purposes of such account, the project pool insurance account of the
49 mortgage insurance fund, such transfer to be made as soon as practicable
50 but no later than March 31, 2016.
51 § 11. This act shall take effect immediately.
52 PART N
A. 6006 131
1 Section 1. Paragraph (n) of subdivision 5 of section 651 of the labor
2 law, as amended by chapter 481 of the laws of 2010, is amended to read
3 as follows:
4 (n) by [a] the federal[, state or municipal] government or political
5 subdivision thereof. The exclusions from the term "employee" contained
6 in this subdivision shall be as defined by regulations of the commis-
7 sioner; or
8 § 2. Subdivision 6 of section 651 of the labor law, as amended by
9 chapter 281 of the laws of 2002, is amended to read as follows:
10 6. "Employer" includes any individual, partnership, association,
11 corporation, limited liability company, business trust, legal represen-
12 tative, state or municipal government or political subdivision thereof,
13 or any organized group of persons acting as employer.
14 § 3. Subdivisions 1, 4 and 5 of section 652 of the labor law, subdivi-
15 sion 1 as amended by section 1 of part P of chapter 57 of the laws of
16 2013 and subdivisions 4 and 5 as amended by chapter 747 of the laws of
17 2004, are amended to read as follows:
18 1. Statutory. Every employer shall pay to each of its employees for
19 each hour worked a wage of not less than:
20 $4.25 on and after April 1, 1991,
21 $5.15 on and after March 31, 2000,
22 $6.00 on and after January 1, 2005,
23 $6.75 on and after January 1, 2006,
24 $7.15 on and after January 1, 2007,
25 $8.00 on and after December 31, 2013,
26 $8.75 on and after December 31, 2014,
27 $9.00 on and after December 31, 2015,
28 $12.50 in a city with a population in excess of one million and in
29 counties with a population of nine hundred thousand or more that fall
30 within the metropolitan commuter transportation district as defined in
31 section twelve hundred sixty-two of the public authorities law, and
32 $10.50 in the remainder of the state on and after December 31, 2016,
33 $13.75 in a city with a population in excess of one million and in
34 counties with a population of nine hundred thousand or more that fall
35 within the metropolitan commuter transportation district as defined in
36 section twelve hundred sixty-two of the public authorities law, and
37 $11.55 in the remainder of the state on and after December 31, 2017,
38 $15.00 in a city with a population in excess of one million and in
39 counties with a population of nine hundred thousand or more that fall
40 within the metropolitan commuter transportation district as defined in
41 section twelve hundred sixty-two of the public authorities law, and
42 $12.60 in the remainder of the state on and after December 31, 2018, and
43 on and after December 31, 2019 and on each following December thirty-
44 first, the commissioner shall calculate and establish an adjusted mini-
45 mum wage rate by increasing the then current minimum wage rate by the
46 rate of inflation for the most recent twelve month period available
47 prior to each December thirty-first using the consumer price index-all
48 urban consumers, CPI-U, or a successor index as calculated by the United
49 States Department of Labor, if such rate of inflation is greater than
50 zero percent, or, if greater, such other wage as may be established by
51 federal law pursuant to 29 U.S.C. section 206 or its successors
52 or such other wage as may be established in accordance with the
53 provisions of this article.
54 4. Notwithstanding subdivisions one and two of this section, the wage
55 for an employee who is a food service worker receiving tips shall be a
56 cash wage of at least three dollars and thirty cents per hour on or
A. 6006 132
1 after March thirty-first, two thousand; three dollars and eighty-five
2 cents on or after January first, two thousand five; at least four
3 dollars and thirty-five cents on or after January first, two thousand
4 six; [and] at least four dollars and sixty cents on or after January
5 first, two thousand seven[,]; and at least $9.50 in a city with a popu-
6 lation in excess of one million and in counties with a population of
7 nine hundred thousand or more that fall within the metropolitan commuter
8 transportation district as defined in section twelve hundred sixty-two
9 of the public authorities law, and $7.50 in the remainder of the state
10 on and after December 31, 2016; and at least $10.45 in a city with a
11 population in excess of one million and in counties with a population of
12 nine hundred thousand or more that fall within the metropolitan commuter
13 transportation district as defined in section twelve hundred sixty-two
14 of the public authorities law, and $8.25 in the remainder of the state
15 on and after December 31, 2017; and $11.40 in a city with a population
16 in excess of one million and in counties with a population of nine
17 hundred thousand or more that fall within the metropolitan commuter
18 transportation district as defined in section twelve hundred sixty-two
19 of the public authorities law, and $9.00 in the remainder of the state
20 on and after December 31, 2018 and on each following December thirty-
21 first, the commissioner shall calculate and establish an adjusted cash
22 wage rate by increasing the then current cash wage rate by the rate of
23 inflation for the most recent twelve month period available prior to
24 each December thirty-first using the consumer price index-all urban
25 consumers, CPI-U, or a successor index as calculated by the United
26 States Department of Labor, if such rate of inflation is greater than
27 zero percent provided that the tips of such an employee, when added to
28 such cash wage, are equal to or exceed the minimum wage in effect pursu-
29 ant to subdivision one of this section and provided further that no
30 other cash wage is established pursuant to section six hundred fifty-
31 three of this article. In the event the cash wage payable under the Fair
32 Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is
33 increased after enactment of this subdivision, the cash wage payable
34 under this subdivision shall automatically be increased by the propor-
35 tionate increase in the cash wage payable under such federal law, and
36 will be immediately enforceable as the cash wage payable to food service
37 workers under this article.
38 5. Notwithstanding subdivisions one and two of this section, meal and
39 lodging allowances for a food service worker receiving a cash wage
40 amounting to three dollars and thirty cents per hour on or after March
41 thirty-first, two thousand; three dollars and eighty-five cents on or
42 after January first, two thousand five; four dollars and thirty-five
43 cents on or after January first, two thousand six; [and] four dollars
44 and sixty cents on or after January first, two thousand seven[,]; and at
45 least $9.50 in a city with a population in excess of one million and in
46 counties with a population of nine hundred thousand or more that fall
47 within the metropolitan commuter transportation district as defined in
48 section twelve hundred sixty-two of the public authorities law, and
49 $7.50 in the remainder of the state on and after December 31, 2016; and
50 at least $10.45 in a city with a population in excess of one million and
51 in counties with a population of nine hundred thousand or more that fall
52 within the metropolitan commuter transportation district as defined in
53 section twelve hundred sixty-two of the public authorities law, and
54 $8.25 in the remainder of the state on and after December 31, 2017; and
55 $11.40 in a city with a population in excess of one million and in coun-
56 ties with a population of nine hundred thousand or more that fall within
A. 6006 133
1 the metropolitan commuter transportation district as defined in section
2 twelve hundred sixty-two of the public authorities law, and $9.00 in the
3 remainder of the state on and after December 31, 2018 and on each
4 following December thirty-first, the commissioner shall calculate and
5 establish an adjusted cash wage rate by increasing the then current cash
6 wage rate by the rate of inflation for the most recent twelve month
7 period available prior to each December thirty-first using the consumer
8 price index-all urban consumers, CPI-U, or a successor index as calcu-
9 lated by the United States Department of Labor, if such rate of
10 inflation is greater than zero percent shall not increase more than
11 two-thirds of the increase required by subdivision two of this section
12 as applied to state wage orders in effect pursuant to subdivision one of
13 this section.
14 § 4. The labor law is amended by adding a new section 525 to read as
15 follows:
16 § 525. High quarter threshold. For purposes of this article, "high
17 quarter threshold" shall equal two hundred twenty-one times the minimum
18 wage rate specified below rounded down to the nearest one hundred
19 dollars. The minimum wage rate referenced above shall be a single hourly
20 rate that: (i) is listed in subdivision one of section six hundred
21 fifty-two of this chapter; (ii) is a general rate that is not restricted
22 to specified localities, industries, occupations or employments and;
23 (iii) was in effect eighteen months before the Monday of the week that
24 the claim was filed, as determined by the commissioner.
25 § 5. Subdivision 1 and paragraph (a) of subdivision 2 of section 527
26 of the labor law, as amended by section 2 of part O of chapter 57 of the
27 laws of 2013, are amended to read as follows:
28 1. Basic condition. "Valid original claim" is a claim filed by a
29 claimant who meets the following qualifications: (a) is able to work,
30 and available for work; (b) is not subject to any disqualification or
31 suspension under this article; (c) his or her previously established
32 benefit year, if any, has expired; (d) has been paid remuneration by
33 employers liable for contributions or for payments in lieu of contrib-
34 utions under this article, other than employers from whom the claimant
35 lost employment and for which the commissioner makes a determination
36 disqualifying the claimant for misconduct pursuant to subdivisions three
37 and six of section five hundred ninety-three of this article, for
38 employment during at least two calendar quarters of the base period,
39 with remuneration of one and one-half times the high calendar quarter
40 remuneration within the base period and with [at least two hundred twen-
41 ty-one times the minimum wage established under subdivision one of
42 section six hundred fifty-two of this chapter rounded down to the near-
43 est one hundred dollars of such remuneration being paid during the high
44 calendar quarter of such base period] remuneration during the high
45 calendar quarter of no less than the high quarter threshold. For
46 purposes of this section, the remuneration in the high calendar quarter
47 of the base period used in determining a valid original claim shall not
48 exceed an amount equal to twenty-two times the maximum benefit rate as
49 set forth in subdivision five of section five hundred ninety of this
50 article for all individuals.
51 (a) An individual who is unable to file a valid original claim in
52 accordance with subdivision one of this section, files a valid original
53 claim by meeting the qualifications enumerated in paragraphs (a), (b)
54 and (c) of subdivision one of this section and by having been paid
55 remuneration by employers liable for contributions or for payments in
56 lieu of contributions under this article, other than employers from whom
A. 6006 134
1 the claimant lost employment and for which the commissioner makes a
2 determination disqualifying the claimant for misconduct pursuant to
3 subdivisions three and six of section five hundred ninety-three of this
4 article, for employment during at least two calendar quarters of the
5 base period, with remuneration of one and one-half times the high calen-
6 dar quarter remuneration within the base period and with [at least two
7 hundred twenty-one times the minimum wage established under subdivision
8 one of section six hundred fifty-two of this chapter rounded down to the
9 nearest one hundred dollars of such remuneration being paid during the
10 high calendar quarter of such base period] remuneration during the high
11 calendar quarter of no less than the high quarter threshold. For
12 purposes of this section, the remuneration in the high calendar quarter
13 of the base period used in determining a valid original claim shall not
14 exceed an amount equal to twenty-two times the maximum benefit rate as
15 set forth in subdivision five of section five hundred ninety of this
16 article for all individuals.
17 § 6. This act shall take effect immediately.
18 PART O
19 Section 1. The labor law is amended by adding a new section 202-m to
20 read as follows:
21 § 202-m. Healthcare professionals who volunteer to fight the Ebola
22 virus disease overseas. 1. Findings and policy of the state. It is here-
23 by found and declared that the Ebola virus disease is a rare and poten-
24 tially deadly disease caused by infection with one of four Ebola virus
25 strains known to cause disease in humans, that the World Health Organ-
26 ization has declared that the current Ebola virus disease outbreak in
27 West Africa constitutes a public health emergency of international
28 concern, and that the centers for disease control and prevention of the
29 United States department of health and human services has reported that
30 the number of future Ebola virus disease cases will reach extraordinary
31 levels without a scale-up of interventions. It is hereby declared to be
32 the policy of the state to work with its international partners to help
33 eradicate the Ebola virus disease by supporting the dedicated New York
34 state healthcare professionals who seek to provide invaluable help to
35 this effort.
36 2. Bill of rights. A healthcare professional who volunteers to fight
37 Ebola is protected by existing state laws that prohibit discrimination
38 on the basis of an actual or perceived disability. Upon return from
39 fighting Ebola overseas, a healthcare professional will be provided with
40 a bill of rights outlining these existing anti-discrimination laws. In
41 addition to these existing anti-discrimination laws, and in accordance
42 with the provisions of this section, healthcare professionals shall have
43 the right to seek a leave of absence to volunteer to fight Ebola over-
44 seas without adverse employment consequences.
45 3. Definitions. For the purposes of this section, the following terms
46 shall have the following meanings:
47 (a) "Employee" means any individual healthcare professional who
48 performs services for hire for an employer but shall not include an
49 independent contractor.
50 (b) "Employer" means a person or entity that employs a healthcare
51 professional and includes an individual, corporation, limited liability
52 company, partnership, association, nonprofit organization, group of
53 persons, county, town, city, school district, public authority, state
54 agency, or other governmental subdivision of any kind.
A. 6006 135
1 (c) "Fight Ebola" means to serve as a healthcare professional in a
2 country that has been classified as having widespread transmission of
3 the Ebola virus disease by the centers for disease control and
4 prevention of the United States department of health and human services.
5 (d) "Healthcare professional" means:
6 (i) a physician licensed pursuant to article one hundred thirty-one of
7 the education law;
8 (ii) a physician assistant licensed pursuant to article one hundred
9 thirty-one-B of the education law;
10 (iii) a nurse practitioner licensed pursuant to article one hundred
11 thirty-nine of the education law;
12 (iv) a registered professional nurse licensed pursuant to article one
13 hundred thirty-nine of the education law; and
14 (v) other healthcare professions as added by the commissioner pursuant
15 to subdivision thirteen of this section.
16 (e) "Leave of absence" means time away from work that is excused. Such
17 time shall be unpaid, unless the employee requests that such time, or a
18 portion thereof, be paid pursuant to a charge against paid leave that
19 has accrued to such employee.
20 (f) "Undue hardship" means an absence requiring significant expense or
21 difficulty, including a significant interference with the safe or effi-
22 cient operation of the workplace or a violation of a bona fide seniority
23 system. Factors to be considered in determining whether an absence
24 constitutes an undue economic hardship shall include, but not be limited
25 to the identifiable cost of the absence, including the costs of loss of
26 productivity and of retraining, hiring or transfer of employees, in
27 relation to the size and operating costs of the employer and other known
28 or reasonably foreseeable absences, the overall financial resources of
29 the employer, the number of employees at the employee's facility, the
30 employee's role within the facility, the type of operation of the
31 employer, including the structure and functions of the employee within
32 it, the impact on the operation of the employer, and the employer's
33 ability to hire temporary or new employees with the requisite skills to
34 ensure the employer's continued operations.
35 (g) "Volunteer" means to freely offer services to fight Ebola and
36 includes such services without regard to whether they are compensated.
37 4. Leave of absence by healthcare professionals who volunteer to fight
38 Ebola. An employee covered by this section has the right to request a
39 leave of absence to volunteer to fight Ebola from his or her employer as
40 herein provided. An employer shall grant such request for a leave of
41 absence to volunteer to fight Ebola, unless the employee's absence
42 imposes an undue hardship on the employer's business or operations.
43 5. Duration of the leave of absence. (a) The duration of the leave of
44 absence shall be the full time period requested by the employee, which
45 shall include travel time, service volunteering to fight Ebola, and a
46 reasonable period of rest and recovery. If the employer determines that
47 an absence for that full period of time would constitute an undue hard-
48 ship, the employer and employee shall work together to determine whether
49 there is a shorter period of time that would not constitute an undue
50 hardship that would still allow the employee to volunteer to fight
51 Ebola. If the employer and employee agree on a shorter period, that
52 shall be the duration of the leave of absence under this paragraph.
53 Otherwise, if they are unable to agree on a shorter period, the leave of
54 absence shall be deemed denied.
55 (b) The duration of leave of absence, as determined pursuant to para-
56 graph (a) of this subdivision shall be extended to include any addi-
A. 6006 136
1 tional period of time that the employee becomes subject to a mandatory
2 quarantine period imposed at the end of the employee's voluntary service
3 to fight Ebola.
4 6. Leave of absence request. An employee's request for a leave of
5 absence pursuant to this section shall be made, in writing, to his or
6 her employer at least twenty-one days prior to the employee's proposed
7 start date of such leave of absence. The employee's request shall, at a
8 minimum:
9 (a) identify the duration of leave sought, including the anticipated
10 start and end dates of the volunteer service, together with any addi-
11 tional time sought for transportation and for rest prior to returning to
12 work;
13 (b) identify the service to be volunteered, including the country and
14 the organization with whom the employee will be volunteering; and
15 (c) certify that such service constitutes volunteering to fight Ebola,
16 within the meaning of this section.
17 7. Notarization. Upon the employer's request, an employee who has been
18 granted a leave of absence in accordance with this section shall provide
19 his or her employer with a notarized statement from the organization or
20 entity with whom the employee will be volunteering. The statement shall:
21 (a) identify the anticipated start and end dates of the volunteer
22 service and the terms of service, including any compensation and bene-
23 fits to be provided;
24 (b) identify the service to be volunteered, including the country and
25 the organization with whom the employee will be volunteering; and
26 (c) certify that such service constitutes volunteering to fight Ebola,
27 within the meaning of this section.
28 8. Benefits during leave. Employees who take leave under this section
29 shall be restored at the completion of such leave to the same or compa-
30 rable position without loss of seniority, shall be entitled to partic-
31 ipate in insurance or other benefits offered by the employer pursuant to
32 established rules and practices relating to employees on furlough or
33 leave of absence in effect with the employer at the time such employee
34 made request to take leave of absence as provided in this section.
35 9. Retaliation prohibited. An employer shall not retaliate against an
36 employee for requesting or obtaining a leave of absence as provided by
37 this section.
38 10. Retention of benefits. The provisions of this section shall not
39 affect or prevent an employer from providing leave in addition to leave
40 allowed under any other provision of law. The provisions of this section
41 shall not affect an employee's rights with respect to any other employee
42 benefit provided by law, rule or regulation.
43 11. Collective bargaining. Nothing set forth in this section shall be
44 construed to impede, infringe, or diminish the rights and benefits that
45 accrue to employees through bona fide collective bargaining agreements,
46 or otherwise diminish the integrity of an existing collective bargaining
47 agreement.
48 12. Review of denial of leave. An employee whose request for leave
49 under this section has been denied may petition the commissioner for
50 review of such denial, which review shall be expeditiously conducted.
51 13. Rules and regulations. The commissioner shall promulgate such
52 rules and regulations as may be necessary for the purposes of carrying
53 out the provisions of this section.
54 § 2. This act shall take effect on the thirtieth day after it shall
55 have become a law.
A. 6006 137
1 PART P
2 Section 1. Subdivision 3 of section 204 of the labor law, as amended
3 by section 2 of part A of chapter 57 of the laws of 2004, is amended to
4 read as follows:
5 3. Fees. A fee of two hundred dollars shall be charged the owner or
6 lessee of each boiler internally inspected and seventy-five dollars for
7 each boiler externally inspected by the commissioner, provided however,
8 that the external inspection of multiple boilers connected to a common
9 header or of separate systems owned or leased by the same party and
10 located in the same building, with a combined input which is 300,000
11 BTU/hour or less, shall be charged a single inspection fee, and further
12 provided that, not more than two hundred seventy-five dollars shall be
13 charged for the inspection of any one boiler for any year; except that
14 [in the case] no fee shall be charged for internal or external
15 inspections by the commissioner of an antique steam engine maintained as
16 a hobby and displayed at agricultural fairs and other gatherings[, a fee
17 of twenty-five dollars only shall be charged the owner or lessee thereof
18 for each boiler internally inspected by the commissioner and a fee of
19 twenty-five dollars only shall be charged for each boiler externally
20 inspected by the commissioner, but not more than fifty dollars shall be
21 charged for the inspection of any one such boiler for any year, and
22 except that in the case] or of a miniature boiler [a fee of fifty
23 dollars only shall be charged for the inspection of any one such boiler
24 for any year. Such fee shall be payable within thirty days after
25 inspection].
26 § 2. Subdivision 1 of section 212-b of the labor law, as amended by
27 section 6 of part A of chapter 57 of the laws of 2004, is amended to
28 read as follows:
29 1. No person shall operate a farm labor camp commissary, or cause or
30 allow the operation of a farm labor camp commissary, without a permit
31 from the commissioner to do so, and unless such permit is in full force
32 and effect. Application for such permit shall be made on a form
33 prescribed by the commissioner [and shall be accompanied by a non-re-
34 fundable fee of forty dollars].
35 § 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
36 constituting the New York state defense emergency act, as amended by
37 section 12 of part A of chapter 57 of the laws of 2004, is amended to
38 read as follows:
39 1. Employers in defense work may make applications for dispensation
40 pursuant to this article in such manner and upon such forms as the
41 commissioner of labor shall prescribe. [Each application shall be
42 accompanied by a non-refundable fee of forty dollars payable to the
43 commissioner.] The commissioner of labor may, after hearing upon due
44 notice, revoke dispensations not necessary to maintain maximum possible
45 production in defense work.
46 § 4. Subdivision 5 of section 161 of the labor law, as amended by
47 section 1 of part A of chapter 57 of the laws of 2004, is amended to
48 read as follows:
49 5. If there shall be practical difficulties or unnecessary hardship in
50 carrying out the provisions of this section or the rules promulgated
51 hereunder, the commissioner may make a variation therefrom if the spirit
52 of the act be observed and substantial justice done. Such variation
53 shall describe the conditions under which it shall be permitted and
54 shall apply to substantially similar conditions. A properly indexed
55 record of variations shall be kept by the department. [Each application
A. 6006 138
1 for a variation shall be accompanied by a non-refundable fee of forty
2 dollars.]
3 § 5. Paragraph b of subdivision 4 of section 212-a of the labor law,
4 as amended by section 5 of part A of chapter 57 of the laws of 2004, is
5 amended to read as follows:
6 b. The application for such registration shall be made on a form
7 prescribed by the commissioner, shall contain information on wages,
8 working conditions, housing, and on such other matters as the commis-
9 sioner may prescribe [and shall be accompanied by a non-refundable fee
10 of forty dollars]. Copies of the application, or summaries thereof
11 containing the above information, shall be made available by the commis-
12 sioner to the registrant, and the registrant shall give a copy to each
13 worker, preferably at the time of recruitment, but in no event later
14 than the time of arrival in this state. A copy shall also be kept posted
15 at all times in a conspicuous place in any camp in which such workers
16 are housed.
17 § 6. Paragraph b of subdivision 2 of section 212-a of the labor law,
18 as amended by section 4 of part A of chapter 57 of the laws of 2004, is
19 amended to read as follows:
20 b. The application for such certificate of registration shall be made
21 on a form prescribed by the commissioner, shall contain information on
22 wages, working conditions, housing and on such other matters as the
23 commissioner may prescribe [and shall be accompanied by a non-refundable
24 fee of two hundred dollars]. It shall be countersigned by each grower or
25 processor who utilizes the services of such farm labor contractor, as
26 provided in subdivision three of this section. Copies of the applica-
27 tion, or summaries thereof containing the above information, shall be
28 made available by the commissioner to the registrant, and the registrant
29 shall give a copy to each worker, preferably at the time of recruitment,
30 but in no event later than the time of arrival in this state if the
31 worker comes from outside of the state, or the time of commencement of
32 work if the worker does not come from outside of the state. A copy shall
33 also be kept posted at all times in a conspicuous place in any camp in
34 which such workers are housed. Each applicant shall submit his or her
35 fingerprints with his or her application for a certificate of registra-
36 tion. Such fingerprints shall be submitted to the division of criminal
37 justice services for a state criminal history record check, as defined
38 in subdivision one of section three thousand thirty-five of the educa-
39 tion law, and may be submitted to the federal bureau of investigation
40 for a national criminal history record check.
41 § 7. Subdivision 2 of section 352 of the labor law is REPEALED.
42 § 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
43 chapter 565 of the laws of 2002, are amended to read as follows:
44 5. A professional employer organization shall be exempt from the
45 registration requirements specified in this section [and from the fees
46 specified in section nine hundred twenty of this article] if such
47 professional employer organization:
48 (a) submits a properly executed request for registration and exemption
49 on a form provided by the department;
50 (b) is domiciled outside this state and is licensed or registered as a
51 professional employer organization in another state that has the same or
52 greater requirements as this article;
53 (c) does not maintain an office in this state or solicit in any manner
54 clients located or domiciled within this state; and
55 (d) does not have more than twenty-five worksite employees in this
56 state.
A. 6006 139
1 6. The registration and exemption of a professional employer organiza-
2 tion under subdivision five of this section shall be valid for one year.
3 [Each de minimis registrant shall pay to the department upon initial
4 registration, and upon each annual renewal thereafter, a registration
5 fee in the amount of two hundred fifty dollars.]
6 § 9. Section 920 of the labor law is REPEALED.
7 § 10. Subdivision 4 of section 134 of the workers' compensation law,
8 as amended by chapter 6 of the laws of 2007, is amended to read as
9 follows:
10 4. Employers required to participate in the workplace safety and loss
11 prevention program established by this section shall be permitted to
12 utilize the services of either the department of labor, or a private
13 safety and loss consultant which has been certified by the department of
14 labor [and has paid the appropriate certification fee prescribed by
15 rules and regulations promulgated under this section]. Private safety
16 and loss consultants may charge employers a fee for their services[, and
17 where employers elect to have the services provided by the department of
18 labor, they shall pay for such services in accordance with fee schedules
19 established by the department of labor's rules and regulations].
20 § 11. Subdivision 5 of section 134 of the workers' compensation law is
21 REPEALED.
22 § 12. Subdivision 10 of section 134 of the workers' compensation law,
23 as amended by chapter 6 of the laws of 2007 and as further amended by
24 section 104 of part A of chapter 62 of the laws of 2011, is amended to
25 read as follows:
26 10. The commissioner of labor, in consultation with the superintendent
27 of financial services, shall promulgate rules and regulations for the
28 certification of safety and loss management specialists. Such rules and
29 regulations shall include provisions that outline the minimum qualifica-
30 tions for safety and loss management specialists, procedures for certif-
31 ication, causes for revocation or suspension of certification and appro-
32 priate administrative and judicial review procedures, and violations and
33 penalties for misuse of certification by certified safety and loss
34 management specialists[, and fees for certificate and certificate
35 renewal].
36 § 13. Subdivision 2 of section 345-a of the labor law, as added by
37 chapter 503 of the laws of 1998, is amended to read as follows:
38 2. For the purposes of this section, the exercise of reasonable care
39 or diligence by a manufacturer or contractor shall be presumed if, prior
40 to the execution of such contract or subcontract, and annually thereaft-
41 er, such manufacturer or contractor receives from the department written
42 assurance of compliance with section three hundred forty-one of this
43 article. [The department may charge a reasonable fee for providing such
44 assurance to a manufacturer or contractor.]
45 § 14. Subdivisions 6 and 7 of section 819 of the labor law are
46 REPEALED and subdivision 5, as amended by chapter 319 of the laws of
47 2004, is amended to read as follows:
48 5. The entity possesses a tag issued by the department with an iden-
49 tification number affixed and identifying each machine[;].
50 § 15. Section 204-a of the labor law is REPEALED.
51 § 16. This act shall take effect immediately.
52 PART Q
53 Intentionally Omitted
A. 6006 140
1 PART R
2 Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
3 chapter 57 of the laws of 2005, relating to the New York state higher
4 education capital matching grant program for independent colleges, as
5 amended by section 1 of part H of chapter 56 of the laws of 2014, is
6 amended to read as follows:
7 (a) The New York state higher education capital matching grant board
8 is hereby created to have and exercise the powers, duties and preroga-
9 tives provided by the provisions of this section and any other provision
10 of law. The board shall remain in existence during the period of the New
11 York state higher education capital matching grant program from the
12 effective date of this section through [March 31, 2017, or] the date on
13 which the last of the funds available for grants under this section
14 shall have been disbursed[, whichever is earlier]; provided, however,
15 that the termination of the existence of the board shall not affect the
16 power and authority of the dormitory authority to perform its obli-
17 gations with respect to any bonds, notes, or other indebtedness issued
18 or incurred pursuant to authority granted in this section.
19 § 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
20 57 of the laws of 2005, relating to the New York state higher education
21 capital matching grant program for independent colleges, as amended by
22 section 2 of part H of chapter 56 of the laws of 2014, is amended to
23 read as follows:
24 (h) In the event that any colleges do not apply for higher education
25 capital matching grants by March 31, 2009, or in the event they apply
26 for and are awarded, but do not use the full amount of such grants, the
27 unused funds associated with such grants and any additional funds that
28 become available shall thereafter be awarded to colleges on a compet-
29 itive basis. The dormitory authority shall develop a request for
30 proposals and application process, in consultation with the board, for
31 higher education capital matching grants awarded pursuant to this para-
32 graph, and shall develop criteria, subject to review by the board, for
33 the awarding of such grants. Such criteria may include, but not be
34 limited to the matching criteria contained in paragraph (c) of this
35 subdivision, and application criteria set forth in paragraph (e) of this
36 subdivision. [The dormitory authority shall require all applications in
37 response to the request for proposals to be submitted by September 1,
38 2014, and the board shall act on each application for such matching
39 grants by November 1, 2014.]
40 § 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
41 section 1 of part U of chapter 57 of the laws of 2005, relating to the
42 New York state higher education capital matching grant program for inde-
43 pendent colleges, as amended by section 3 of part H of chapter 56 of the
44 laws of 2014, is amended to read as follows:
45 (A) Notwithstanding the provision of any general or special law to the
46 contrary, and subject to the provisions of chapter 59 of the laws of
47 2000 and to the making of annual appropriations therefor by the legisla-
48 ture, in order to assist the dormitory authority in providing such high-
49 er education capital matching grants, the director of the budget is
50 authorized in any state fiscal year commencing April 1, 2005 or any
51 state fiscal year thereafter [for a period ending on March 31, 2017], to
52 enter into one or more service contracts, none of which shall exceed 30
53 years in duration, with the dormitory authority, upon such terms as the
54 director of the budget and the dormitory authority agree.
A. 6006 141
1 § 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
2 57 of the laws of 2005, relating to the New York state higher education
3 capital matching grant program for independent colleges, as amended by
4 section 4 of part H of chapter 56 of the laws of 2014, is amended to
5 read as follows:
6 (b) Any eligible institution receiving a grant pursuant to this arti-
7 cle shall report to the dormitory authority [no later than June 1,
8 2018,] on the use of funding received and its programmatic and economic
9 impact no later than twelve months after the completion of the project.
10 The dormitory authority shall submit a report [no later than November 1,
11 2018] to the governor, the director of the budget, the temporary presi-
12 dent of the senate, and the speaker of the assembly on the aggregate
13 impact of the higher education [matching] capital matching grant program
14 no later than eighteen months after the completion of the last project.
15 Such report shall provide information on the progress and economic
16 impact of such [project] projects.
17 § 5. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after April 1, 2015.
19 PART S
20 Section 1. The education law is amended by adding a new section 669-f
21 to read as follows:
22 § 669-f. New York state masters-in-education teacher incentive schol-
23 arship program. 1. Eligibility. Students who are matriculated in an
24 approved master's degree in education program at a New York state public
25 institution of higher education leading to a career as a teacher in
26 public elementary or secondary education or as a teacher in a state
27 agency providing elementary or secondary education shall be eligible for
28 an award under this section, provided the applicant: (a) earned an
29 undergraduate degree from a college located in New York state; (b) was a
30 New York state resident while earning such undergraduate degree; (c)
31 achieved academic excellence as an undergraduate student, as defined by
32 the corporation in regulation; (d) enrolls in full-time study in an
33 approved master's degree in education program at a New York state public
34 institution of higher education leading to a career as a teacher in
35 public elementary or secondary education or as a teacher in a state
36 agency providing elementary or secondary education; (e) signs a contract
37 with the corporation agreeing to teach in a classroom setting on a full-
38 time basis for five years in a school located within New York state
39 providing public elementary or secondary education recognized by the
40 board of regents or the university of the state of New York, including
41 charter schools authorized pursuant to article fifty-six of this chapter
42 or in a state-run facility providing elementary or secondary education
43 operated by the department of corrections and community supervision, the
44 office of children and family services, the office of mental health or
45 the office for people with developmental disabilities; and (f) complies
46 with the applicable provisions of this article and all requirements
47 promulgated by the corporation for the administration of the program.
48 2. Within amounts appropriated therefor, awards shall be granted to
49 applicants that the corporation has certified are eligible to receive
50 such awards. Up to five hundred awards may be granted to new recipients
51 annually. Such awards shall be granted upon successful completion of
52 each term, as defined by the corporation.
A. 6006 142
1 3. An award shall entitle the recipient to annual payments for not
2 more than two academic years of full-time graduate study leading to
3 certification as an elementary or secondary classroom teacher.
4 4. The corporation shall grant such awards in an amount equal to the
5 annual tuition charged to state resident students attending a graduate
6 program full-time at the state university of New York, or actual tuition
7 charged, whichever is less; provided, however, (i) a student who
8 receives educational grants and/or scholarships that cover the student's
9 full cost of attendance shall not be eligible for an award under this
10 program; (ii) for a student who receives educational grants and/or scho-
11 larships that cover less than the student's full cost of attendance,
12 such grants and/or scholarships shall not be deemed duplicative of this
13 program and may be held concurrently with an award under this program,
14 provided that the combined benefits do not exceed the student's full
15 cost of attendance; and (iii) an award under this program shall be
16 applied to tuition after the application of all other educational grants
17 and scholarships limited to tuition and shall be reduced in an amount
18 equal to such educational grants and/or scholarships. Upon notification
19 of an award under this program, the institution shall defer the amount
20 of tuition equal to the award. No award shall be final until the recipi-
21 ent's successful completion of a term has been certified by the institu-
22 tion. A recipient of an award under this program shall not be eligible
23 for an award under the New York state math and science teaching incen-
24 tive program.
25 5. The corporation shall convert to a student loan the full amount of
26 the award granted pursuant to this section, plus interest, according to
27 a schedule to be determined by the corporation if: (a) two years after
28 the completion of the degree program and receipt of initial certif-
29 ication it is found that a recipient is not teaching in a public school
30 located within New York state providing elementary or secondary educa-
31 tion recognized by the board of regents or the university of the state
32 of New York, including charter schools authorized pursuant to article
33 fifty-six of this chapter or in a state-run facility providing elementa-
34 ry or secondary education operated by the department of corrections and
35 community supervision, the office of children and family services, the
36 office of mental health or the office for people with developmental
37 disabilities; (b) a recipient has not taught in a public school located
38 within New York state providing elementary or secondary education recog-
39 nized by the board of regents or the university of the state of New
40 York, including charter schools authorized pursuant to article fifty-six
41 of this chapter or in a state-run facility providing elementary or
42 secondary education operated by the department of corrections and commu-
43 nity supervision, the office of children and family services, the office
44 of mental health or the office for people with developmental disabili-
45 ties for five of the seven years after the completion of the graduate
46 degree program and receipt of initial certification; (c) a recipient
47 fails to complete his or her graduate degree program in education; (d) a
48 recipient fails to receive or maintain his or her teaching certificate
49 or license in New York state; or (e) a recipient fails to respond to
50 requests by the corporation for the status of his or her academic or
51 professional progress. The terms and conditions of this subdivision
52 shall be deferred for any interruption in graduate study or employment
53 as established by the rules and regulations of the corporation. Any
54 obligation to comply with such provisions as outlined in this section
55 shall be cancelled upon the death of the recipient. Notwithstanding any
56 provisions of this subdivision to the contrary, the corporation is
A. 6006 143
1 authorized to promulgate rules and regulations to provide for the waiver
2 or suspension of any financial obligation which would involve extreme
3 hardship.
4 6. The corporation is authorized to promulgate rules and regulations,
5 and may promulgate emergency regulations, necessary for the implementa-
6 tion of the provisions of this section including, but not limited to,
7 the criteria for the provision of awards on a competitive basis, and the
8 rate of interest charged for repayment of the student loan.
9 § 2. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2015.
11 PART T
12 Section 1. The education law is amended by adding a new section 6456
13 to read as follows:
14 § 6456. Science, technology, engineering, and math initiative. 1. As
15 used in this section:
16 a. "STEM" shall mean science, technology, engineering, and math.
17 b. "Eligible students" shall mean secondary school students who are in
18 their junior or senior year and belong to populations that are histor-
19 ically underrepresented in STEM fields, including but not limited to,
20 students who are black, hispanic or latino, native american, and women.
21 c. "Eligible applicant" shall mean an institution of postsecondary
22 education or consortia of such institutions.
23 2. The purpose of this program is to provide hands on experiences for
24 eligible students to create a familiarity and interest in STEM fields
25 and to prepare those students for introductory level postsecondary
26 courses in STEM fields.
27 3. Grant applications submitted by eligible applicants shall outline a
28 plan of instruction and curriculum-related activities that include one
29 or more of the following: instruction in a science laboratory setting,
30 instruction in an engineering laboratory setting, and/or instruction for
31 students with little or no computing background in computer science to
32 prepare those students for a college level introductory computer science
33 course by teaching them fundamental computing principles. Such program
34 shall provide students with information about the various STEM degrees
35 available at colleges or universities in New York state and information
36 about employment opportunities in the STEM fields.
37 4. Grants shall be awarded to eligible applicants based upon criteria
38 established by the commissioner. Eligible applicants shall locate any
39 approved program in an area served by a high need school district.
40 5. No grant pursuant to this section shall exceed seventy-five thou-
41 sand dollars to any eligible applicant in a single state fiscal year.
42 6. The commissioner is authorized to require eligible applicants
43 receiving funds pursuant to this section to report periodically upon:
44 a. compliance with the approved plan;
45 b. the objectives of the applicant's program;
46 c. the curricula offered by the program;
47 d. the sources of support and the expenditures of the program;
48 e. the background and the progress of students selected to participate
49 in the program; and
50 f. other matters the commissioner deems appropriate.
51 § 2. This act shall take effect immediately and shall be deemed to
52 have been in full force and effect on and after April 1, 2015.
53 PART U
A. 6006 144
1 Section 1. Section 655 of the education law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. To establish a financial outreach program to inform students,
4 parents or legal guardians, and school counselors about available feder-
5 al and state financial aid programs through workshops, seminars,
6 discussion groups, film presentations and explanatory pamphlets in order
7 to disseminate information, promote and encourage use of such financial
8 aid programs, and facilitate the financial aid application process.
9 § 2. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2015.
11 PART V
12 Section 1. Subdivision 2 of section 410-x of the social services law,
13 as amended by chapter 416 of the laws of 2000, is amended to read as
14 follows:
15 2. (a) A social services district may establish priorities for the
16 families which will be eligible to receive funding; provided that the
17 priorities provide that eligible families will receive equitable access
18 to child care assistance funds to the extent that these funds are avail-
19 able.
20 (b) A social services district shall set forth its priorities for
21 child care assistance in the district's consolidated services plan. The
22 commissioner of the office of children and family services shall not
23 approve any plan that does not provide for equitable access to child
24 care assistance funds.
25 (c) A social services district shall be authorized to set aside
26 portions of its block grant allocation to serve one or more of its
27 priority groups and/or to discontinue funding to families with lower
28 priorities in order to serve families with higher priorities; provided
29 that the method of disbursement to priority groups provides that eligi-
30 ble families within a priority group will receive equitable access to
31 child care assistance funds to the extent that these funds are avail-
32 able.
33 (d) Notwithstanding any other provision of law to the contrary, the
34 commissioner in any social services district that does not have suffi-
35 cient funding to serve all eligible working families under two hundred
36 percent of the state income standard, shall offer the twelve month work
37 exemption provided in paragraph (d) of subdivision one of section three
38 hundred thirty-two of this chapter, to all parents or other relatives in
39 receipt of public assistance who are personally providing care for a
40 child under one year of age regardless of whether such parent or other
41 relative has previously been offered an exemption under such section
42 three hundred thirty-two. This section shall not apply to individuals
43 who:
44 (i) solely participate in work activities that provide earned income;
45 or
46 (ii) participate in a combination of work activities; for the portion
47 of work activities that provide earned income.
48 (e) In the event that a social services district must discontinue
49 funding to a priority group it shall notify the office of children and
50 family services within ten days of such action, identifying the partic-
51 ular group affected. In the event that funding is restored, the social
52 services district shall notify the office of children and family
53 services within ten days of such restoration.
A. 6006 145
1 (f) Each social services district shall collect and submit to the
2 commissioner of the office of children and family services in a manner
3 to be specified by the commissioner of the office of children and family
4 services information concerning the disbursement of child care assist-
5 ance funds showing geographic distribution of children receiving assist-
6 ance within the district, the number of working families who were other-
7 wise eligible for child care assistance but who were denied because the
8 district lacked sufficient funding to serve all eligible families and
9 the number and age of children who could not be served as a result.
10 [(e)] (g) The commissioner of the office of children and family
11 services shall submit a report to the governor, temporary president of
12 the senate and the speaker of the assembly on or before August thirty-
13 first[, two thousand one] of every year concerning the implementation of
14 this section. This report shall include information concerning the
15 disbursement of child care assistance funds showing geographic distrib-
16 ution of children receiving assistance within the state. Beginning
17 August thirty-first, two thousand sixteen, such report, and each subse-
18 quent report thereafter, shall also:
19 (i) identify the counties that have discontinued or restored funding
20 to priority groups, as set forth in subdivision (e) of this section;
21 (ii) list the priority groups affected;
22 (iii) provide for each county for each of the twelve months covered by
23 this report the number of working families who were otherwise eligible
24 for child care assistance but who were denied because the district
25 lacked sufficient funding to serve all eligible families; and
26 (iv) the number and age of children who could not be served as a
27 result.
28 § 2. This act shall take effect immediately.
29 PART W
30 Section 1. Section 341 of the social services law, as amended by
31 section 148 of part B of chapter 436 of the laws of 1997, subdivision 1
32 as amended by section 1 of part D of chapter 61 of the laws of 2006, is
33 amended to read as follows:
34 § 341. [Conciliation] Re-engagement; conciliation; refusal to partic-
35 ipate. 1. (a) Consistent with federal law and regulations and this
36 title, if a participant has failed or refused to comply with the
37 requirements of this title and the district has determined that he or
38 she is not exempt from such requirements and has verified that appropri-
39 ate child care, transportation, and accommodations for disability were
40 in place at the time of such failure or refusal, [if a participant has
41 failed or refused to comply with the requirements of this title,] the
42 social services district shall issue a re-engagement notice in plain
43 language indicating that such failure or refusal has taken place and of
44 the right of such participant to [conciliation to resolve] avoid a pro-
45 rata reduction in public assistance benefits through the re-engagement
46 process. "Re-engagement process" shall mean the process through which a
47 participant may avoid a pro-rata reduction in public assistance benefits
48 by agreeing to comply with the requirements of this title consistent
49 with any medical condition which may limit the individual's ability to
50 participate in work activities, by notifying the district that he or she
51 has become exempt from the requirements of this title, or by resolving
52 the reasons for such failure or refusal [to avoid a pro-rata reduction
53 in public assistance benefits for a period of time set forth in section
54 three hundred forty-two of this title] at a conciliation conference.
A. 6006 146
1 The notice shall indicate that the participant has ten days to request
2 re-engagement with the district. The notice shall indicate the specific
3 instance or instances of willful refusal or failure to comply without
4 good cause with the requirements of this title and the necessary actions
5 that must be taken to avoid a pro-rata reduction in public assistance
6 benefits and the district has verified that appropriate child care,
7 transportation and accommodations for disability were in place at the
8 time of such failure or refusal. [The notice shall indicate that the
9 participant has seven days to request conciliation with the district
10 regarding such failure or refusal in the case of a safety net partic-
11 ipant and ten days in the case of a family assistance participant.]
12 (1) If a participant chooses to avoid a pro-rata reduction in public
13 assistance benefits through a conciliation conference, it will be the
14 responsibility of the participant to give reasons for such failure or
15 refusal. The re-engagement notice shall also include an explanation in
16 plain language of what would constitute good cause for non-compliance
17 and examples of acceptable forms of evidence that may warrant an
18 exemption from work activities, including evidence of domestic violence,
19 and physical or mental health limitations that may be provided at the
20 conciliation conference to demonstrate such good cause for failure to
21 comply with the requirements of this title. Unless as part of the
22 re-engagement process the participant does not agree to comply, has not
23 become exempt or the district determines as a result of the conciliation
24 conference that such failure or refusal was willful and without good
25 cause, no further action shall be taken.
26 (2) If the participant does not contact the district within [the spec-
27 ified number of] ten days of the re-engagement notice, the district
28 shall [issue ten days notice of intent to discontinue or reduce assist-
29 ance, pursuant to regulations of the department. Such notice shall also
30 include a statement of the participant's right to a fair hearing relat-
31 ing to such discontinuance or reduction. If such participant contacts
32 the district within seven days in the case of a safety net participant
33 or within ten days in the case of a family assistance participant, it
34 will be the responsibility of the participant to give reasons for such
35 failure or refusal] make a finding of whether the alleged failure or
36 refusal to comply was willful and without good cause and shall consider
37 any evidence in the possession of the district indicating that the
38 participant has good cause and if the participant is otherwise partic-
39 ipating in work activities, there shall be no finding of willfulness
40 without good cause based on a single appointment or infraction.
41 (b) [Unless the district determines as a result of such conciliation
42 process that such failure or refusal was willful and was without good
43 cause, no further action shall be taken.] If the district determines
44 that such failure or refusal was willful and without good cause, and
45 that the individual is not exempt from the requirements of this title,
46 the district shall notify such participant in writing, in plain language
47 and in a manner distinct from any previous notice, by issuing ten days
48 notice of its intent to discontinue or reduce assistance. Such notice
49 shall include the reasons for such determination, the specific instance
50 or instances of willful refusal or failure to comply without good cause
51 with the requirements of this title, shall verify that appropriate child
52 care, transportation and accommodations for disability were in place at
53 the time of such failure or refusal, and specify the necessary actions
54 that must be taken to avoid a pro-rata reduction in public assistance
55 benefits, including agreeing to comply with the requirements of this
56 title consistent with any medical condition which may limit the individ-
A. 6006 147
1 ual's ability to participate in work activities or notifying the
2 district that he or she has become exempt from the requirements of this
3 title and the right to a fair hearing relating to such discontinuance or
4 reduction. [Unless extended by mutual agreement of the participant and
5 the district, conciliation shall terminate and a determination shall be
6 made within fourteen days of the date a request for conciliation is made
7 in the case of a safety net participant or within thirty days of the
8 conciliation notice in the case of a family assistance participant.]
9 2. (a) The department shall establish in regulation a conciliation
10 procedure for the resolution of disputes related to an individual's
11 participation in programs pursuant to this title.
12 (b) The district shall contract with an independent entity, approved
13 by the department, or shall use designated trained staff at the supervi-
14 sory level who have no direct responsibility for the participant's case
15 to mediate disputes in the conciliation conference. [If no such supervi-
16 sory staff or independent entity is available, the district may desig-
17 nate another trained individual, who has no direct responsibility for
18 the participant's case to mediate disputes in the conciliation confer-
19 ence.]
20 (c) If a participant's dispute cannot be resolved through such concil-
21 iation procedure, an opportunity for a fair hearing shall be provided.
22 No sanction relating to the subject dispute may be imposed during the
23 [conciliation] re-engagement process.
24 3. When any [family assistance] participant required to participate in
25 work activities fails to comply with the provisions of this title, the
26 social services district shall take such actions as prescribed by appro-
27 priate federal law and regulation and this title.
28 4. [When any safety net participant required to participate in work
29 activities fails to comply with the provisions of this title, the social
30 services district shall deny assistance to such participant in accord-
31 ance with section three hundred forty-two of this title.
32 5. (a) To the extent that] Consistent with federal law [requires] and
33 this title, a social services district shall provide to those [family
34 assistance] participants whose failure to comply has continued for
35 [three months] thirty days or longer a written reminder of the option to
36 end a sanction [after the expiration of the applicable minimum sanction
37 period] by terminating the failure to comply as specified in subdivision
38 [three] one of this section. Such notice shall advise that the partic-
39 ipant may immediately terminate the [first or second] sanction by
40 [participating in the program or accepting employment and that any
41 subsequent sanction after six months have elapsed may be terminated by
42 participating in the program or accepting employment.
43 (b) A social services district shall provide to those safety net
44 participants whose failure to comply has continued for the length of the
45 sanction period or longer a written reminder of the option to end a
46 sanction after the expiration of the applicable minimum sanction period
47 by terminating the failure to comply as specified in subdivision four of
48 this section.] either agreeing to comply with the requirements of this
49 title consistent with any medical condition which may limit the individ-
50 ual's ability to participate in work activities or notifying the
51 district that he or she has become exempt from the requirements of this
52 title.
53 [6.] 5. Consistent with federal law and regulation and this title, no
54 notice shall be issued as specified in subdivision one of this section
55 unless it has been determined that the individual is not exempt from the
56 requirements of this title and has determined that appropriate child
A. 6006 148
1 care, transportation and accommodations for disability were in place at
2 the time of such failure or refusal to comply with the requirements of
3 this title and no action shall be taken pursuant to this section for
4 failure to participate in the program or refusal to accept employment
5 if:
6 (a) child care for a child under age thirteen (or day care for any
7 incapacitated individual living in the same home as a dependent child)
8 is necessary for an individual to participate or continue participation
9 in activities pursuant to this title or accept employment and such care
10 is not available and the social services district fails to provide such
11 care;
12 (b) (1) the employment would result in the family of the participant
13 experiencing a net loss of cash income; provided, however, a participant
14 may not claim good cause under this paragraph if the social services
15 district assures that the family will not experience a net loss of cash
16 income by making a supplemental payment;
17 (2) net loss of cash income results if the family's gross income less
18 necessary work-related expenses is less than the cash assistance the
19 participant was receiving at the time the offer of employment is made;
20 or
21 (c) the participant meets other grounds for good cause set forth by
22 the department in its implementation plan for this title which, at a
23 minimum, must describe what circumstances beyond the household's control
24 will constitute "good cause".
25 § 2. Section 342 of the social services law, as added by section 148
26 of part B of chapter 436 of the laws of 1997, is amended to read as
27 follows:
28 § 342. Noncompliance with the requirements of this title. 1. In
29 accordance with the provisions of this section an individual who is
30 required to participate in work activities shall be ineligible to
31 receive public assistance if he or she fails to comply, without good
32 cause, with the requirements of this title and the district has deter-
33 mined that he or she is not exempt from such requirements and has veri-
34 fied that appropriate child care, transportation, and accommodations for
35 disability were in place at the time of such failure or refusal. Such
36 ineligibility shall be for the amount and [periods] period specified in
37 this section. Good cause for failing to comply with the requirements of
38 this title shall be defined in department regulations, provided, howev-
39 er, that the parent or caretaker relative of a child under thirteen
40 years of age shall not be subject to the ineligibility provisions of
41 this section if the individual can demonstrate, in accordance with the
42 regulations of the office of children and family services department,
43 that lack of available child care prevents such individual from comply-
44 ing with the work requirements of this title. The parent or caretaker
45 relative shall be responsible for locating the child care needed to meet
46 the work requirements; provided, however, that the relevant social
47 services district shall provide a parent or caretaker relative who
48 demonstrates an inability to obtain needed child care with a choice of
49 two providers, at least one of which will be a regulated provider.
50 2. In the case of an applicant for or recipient of public assistance
51 whom the district has determined is not exempt from the requirements of
52 this title and who is a parent or caretaker of a dependent child, the
53 public assistance benefits otherwise available to the household of which
54 such individual is a member shall be reduced pro-rata[:
55 (a) for the first instance of failure to comply without good cause
56 with the requirement of this article] until the individual is willing to
A. 6006 149
1 comply with the requirements of this title consistent with any medical
2 condition which may limit the individual's ability to participate in
3 work activities[;
4 (b) for the second instance of failure to comply without good cause
5 with the requirements of this article, for a period of three months and
6 thereafter until the individual is willing to comply;
7 (c) for the third and all subsequent instances of failure to comply
8 without good cause with the requirements of this article, for a period
9 of six months and thereafter until the individual is willing to comply].
10 3. In the case of an individual who is a member of a household without
11 dependent children whom the district has determined is not exempt from
12 the requirements of this title and who is applying for or in receipt of
13 safety net assistance, the public assistance benefits otherwise avail-
14 able to the household of which such individual is a member shall be
15 reduced pro-rata[:
16 (a) for the first such failure or refusal], until the failure or
17 refusal to comply with the requirements of this title consistent with
18 any medical condition which may limit the individual's ability to
19 participate in work activities ceases [or ninety days, which ever period
20 of time is longer;
21 (b) for the second such failure or refusal, until the failure ceases
22 or for one hundred fifty days, whichever period of time is longer; and
23 (c) for the third and all subsequent such failures or refusals, until
24 the failure ceases or one hundred eighty days, whichever period of time
25 is longer].
26 4. A recipient of public assistance whom the district has determined
27 is not exempt from the requirements of this title and who quits or
28 reduces his hours of employment without good cause or due to any medical
29 condition which may limit the individual's ability to participate in
30 work activities shall be considered to have failed to comply with the
31 requirements of this article and shall be subject to the provisions of
32 this section.
33 5. A person described in paragraph (b) of subdivision seven of section
34 one hundred fifty-nine of this chapter may not be sanctioned if his or
35 her failure to comply with requirements of this title are related to
36 his or her health status.
37 § 3. This act shall take effect immediately.
38 PART X
39 Section 1. Section 336 of the social services law is amended by adding
40 a new subdivision 9 to read as follows:
41 9. For any participant engaged in an educational or training activity
42 pursuant to paragraphs (h), (i), (j), (k) or (n) of subdivision one of
43 this section, homework expected or required by the educational institu-
44 tion, including up to one hour of unsupervised homework per hour of
45 class time, plus additional hours of homework supervised by the educa-
46 tional institution, shall count towards satisfaction of the partic-
47 ipant's work activity requirements under this title, to the extent that
48 such participation shall not impair the need of the social services
49 district to meet federal and state work activity participation require-
50 ments.
51 § 2. This act shall take effect immediately.
52 PART Y
A. 6006 150
1 Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
2 paragraph a of subdivision 3 of section 667 of the education law, as
3 amended by section 1 of part U of chapter 56 of the laws of 2014, is
4 amended to read as follows:
5 (c) For students first receiving aid in two thousand--two thousand one
6 and thereafter, five thousand dollars, except starting in two thousand
7 fourteen-two thousand fifteen and thereafter such students shall receive
8 five thousand one hundred sixty-five dollars and starting in two thou-
9 sand fifteen-two thousand sixteen and thereafter such students shall
10 receive five thousand three hundred fifteen dollars; or
11 § 2. Subitem (a) of item 1 of clause (A) of subparagraph (i) of para-
12 graph a of subdivision 3 of section 667 of the education law, as amended
13 by section 2 of part U of chapter 56 of the laws of 2014, is amended to
14 read as follows:
15 (a) For students first receiving aid after nineteen hundred ninety-
16 three--nineteen hundred ninety-four and before two thousand--two thou-
17 sand one, four thousand [two] four hundred [ninety] forty dollars; or
18 § 3. Subitem (b) of item 1 of clause (A) of subparagraph (i) of para-
19 graph a of subdivision 3 of section 667 of the education law, as amended
20 by section 3 of part U of chapter 56 of the laws of 2014, is amended to
21 read as follows:
22 (b) For students first receiving aid in nineteen hundred ninety-three-
23 -nineteen hundred ninety-four or earlier, three thousand [seven] eight
24 hundred [forty] ninety dollars; or
25 § 4. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para-
26 graph a of subdivision 3 of section 667 of the education law, as amended
27 by section 2 of part H of section 58 of the laws of 2011, is amended to
28 read as follows:
29 (a) For students first receiving aid in nineteen hundred ninety-four
30 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
31 teen hundred ninety-six and thereafter, three thousand twenty-five
32 dollars, except starting in two thousand fifteen-two thousand sixteen
33 such students shall receive three thousand one hundred seventy-five
34 dollars, or
35 § 5. Subitem (b) of item 2 of clause (A) of subparagraph (i) of para-
36 graph a of subdivision 3 of section 667 of the education law, as amended
37 by section 2 of part H of section 58 of the laws of 2011, is amended to
38 read as follows:
39 (b) For students first receiving aid in nineteen hundred ninety-two--
40 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
41 teen hundred ninety-four, two thousand [five] seven hundred [seventy-
42 five] twenty-five dollars, or
43 § 6. Subitem (c) of item 2 of clause (A) of subparagraph (i) of para-
44 graph a of subdivision 3 of section 667 of the education law, as amended
45 by section 2 of part H of section 58 of the laws of 2011, is amended to
46 read as follows:
47 (c) For students first receiving aid in nineteen hundred ninety-one--
48 nineteen hundred ninety-two or earlier, two thousand [four] six hundred
49 [fifty] dollars; or
50 § 7. This act shall take effect immediately.
51 PART Z
52 Section 1. Subdivision 8 of section 695-e of the education law, as
53 amended by chapter 593 of the laws of 2003, is amended to read as
54 follows:
A. 6006 151
1 8. No account owner or designated beneficiary of any account shall be
2 permitted to direct the investment of any contributions to an account or
3 the earnings thereon more than two times in any calendar year.
4 § 2. This act shall take effect immediately.
5 PART AA
6 Section 1. Subdivision 6 of section 665 of the education law is amended
7 by adding a new paragraph e to read as follows:
8 e. Notwithstanding the provisions of paragraph c of this subdivision,
9 for students who are disabled as defined by the Americans with Disabili-
10 ties Act of 1990, 42 USC 12101, and who receive their first state award
11 during the two thousand ten--two thousand eleven academic year and ther-
12 eafter shall make satisfactory progress toward completion of the
13 program's academic requirements as provided in this paragraph. For
14 purposes of this subdivision, "reasonable progress toward the completion
15 of the program" shall mean a student must complete, at a minimum, the
16 following requirements at the time of certification; provided that noth-
17 ing shall prevent a college from developing stricter standards to meas-
18 ure reasonable progress:
19 (i) For students who are disabled as defined by the Americans with
20 Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
21 sand ten--two thousand eleven and thereafter, and enrolled in four-year
22 or five-year undergraduate programs whose terms are organized in semes-
23 ters:
24 Before Being1st2nd3rd4th5th6th7th8th9th10th
25 Certified
26 for This
27 Payment
28 A Student Must039213345607590105
29 Have Accrued
30 at Least This
31 Many Credits
32 With At Least01.51.81.82.02.02.02.02.02.0
33 This Grade
34 Point Average
35 (ii) For students who are disabled as defined by the Americans with
36 Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
37 sand ten--two thousand eleven and thereafter, and enrolled in two-year
38 undergraduate programs whose terms are organized in semesters:
39 Before Being1st2nd3rd4th5th6th7th8th
40 Certified
41 for This
42 Payment
43 A Student0391830425160
44 Must Have
45 Accrued at
46 Least This
47 Many Credits
A. 6006 152
1 With At Least01.31.51.82.02.02.02.0
2 This Grade
3 Point Average
4 (iii) For students who are disabled as defined by the Americans with
5 Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
6 sand ten--two thousand eleven and thereafter, and enrolled in four-year
7 or five-year undergraduate programs whose terms are organized on a
8 trimester basis:
9 Before Being1st2nd3rd4th5th6th7th8th
10 Certified
11 for This
12 Payment
13 A Student024917253340
14 Must Have
15 Accrued at
16 Least This
17 Many Credits
18 With At Least01.11.51.51.82.02.02.0
19 This Grade
20 Point Average
21 and,
22 Before Being9th10th11th12th13th14th15th
23 Certified
24 for This
25 Payment
26 A Student5060708090100110
27 Must Have
28 Accrued at
29 Least This
30 Many Credits
31 With At Least2.02.02.02.02.02.02.0
32 This Grade
33 Point Average
34 (iv) For students who are disabled as defined by the Americans with
35 Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
36 sand ten--two thousand eleven and thereafter, and enrolled in two-year
37 undergraduate programs whose terms are organized on a trimester basis:
38 Before Being1st2nd3rd4th5th6th7th8th
39 Certified
40 for This
41 Payment
42 A Student024915213037
43 Must Have
44 Accrued at
45 Least This
A. 6006 153
1 Many Credits
2 With At Least01.01.31.51.51.82.02.0
3 This Grade
4 Point Average
5 and,
6 Before Being9th10th11th12th
7 Certified
8 for This
9 Payment
10 A Student45505560
11 Must Have
12 Accrued at
13 Least This
14 Many Credits
15 With At Least2.02.02.02.0
16 This Grade
17 Point Average
18 (v) Notwithstanding any other provision of law or regulation to the
19 contrary, upon each certification, payment eligibility shall be deter-
20 mined and measured proportionally in equivalence with full time study
21 for students who are disabled as defined by the Americans with Disabili-
22 ties Act of 1990, 42 USC 12101.
23 § 2. This act shall take effect immediately.
24 PART BB
25 Section 1. Notwithstanding section 1680-j of the public authorities
26 law, there shall be a New York state non-profit infrastructure capital
27 investment program grant for non-profit human services organizations as
28 follows:
29 1. Creation. (a) The New York state non-profit infrastructure capital
30 investment program grant is hereby created to be utilized by non-profit
31 human services organizations. There is also hereby created the New York
32 state non-profit infrastructure capital investment program grant board
33 to have and exercise the powers, duties and prerogatives provided by the
34 provisions of this section and any other applicable provision of law to
35 disburse such grant. The board shall remain in existence during the
36 period of the New York state non-profit infrastructure capital invest-
37 ment program grant from the effective date of this section through March
38 31, 2020, or the date on which the last of the funds are available for
39 grants, whichever is earlier; provided, however, that the termination of
40 the existence of the board shall not affect the power and authority of
41 the dormitory authority to perform its obligations with respect to any
42 bonds, notes, or other indebtedness issued or incurred pursuant to
43 authority granted in this section.
44 (b) The membership of the board shall consist of three persons
45 appointed by the governor, of which one shall be upon the recommendation
46 of the temporary president of the senate and one upon the recommendation
47 of the speaker of the assembly. The term of the members first appointed
48 shall continue until March 31, 2016, and thereafter their successors
A. 6006 154
1 shall serve for a term of one year ending on March 31 in each year. Upon
2 recommendation of the nominating party, the governor shall replace any
3 member in accordance with the provisions contained in this subdivision
4 for the appointment of members. The members of the board shall vote
5 among themselves to determine who shall serve as chair. The board shall
6 act by unanimous vote of the members of the board. Any determination of
7 the board shall be evidenced by a certification thereof executed by all
8 the members. Each member of the board shall be entitled to designate a
9 representative to attend meetings of the board on the designating
10 member's behalf, and to vote or otherwise act on the designating
11 member's behalf in the designating member's absence. Notice of such
12 designation shall be furnished in writing to the board by the designat-
13 ing member. A representative shall serve at the pleasure of the desig-
14 nating member during the member's term of office. A representative shall
15 not be authorized to delegate any of his or her duties or functions to
16 any other person.
17 (c) Every officer, employee, or member of a governing board or other
18 board of any non-profit human services organization in New York shall be
19 ineligible for appointment as a member, representative, officer, employ-
20 ee or agent of the board.
21 (d) The members of the board shall serve without salary or per diem
22 allowance but shall be entitled to reimbursement for actual and neces-
23 sary expenses incurred in the performance of official duties pursuant to
24 this section or other provision of law, provided however that such
25 members and representatives are not, at the time such expenses are
26 incurred, public officers or employees otherwise entitled to such
27 reimbursement.
28 (e) The members, their representatives, officers and staff to the
29 board shall be deemed employees within the meaning of section 17 of the
30 public officers law.
31 2. Definitions. For the purposes of this section, the following terms
32 shall have the respective meanings:
33 (a) "Board" shall mean the New York state non-profit infrastructure
34 capital investment program grant board created by paragraph (a) of
35 subdivision one of this section.
36 (b) "Non-profit human services organization" shall mean a human
37 services provider as defined in subdivision 4 of section 464-b of the
38 social services law who provides direct human services as defined in
39 subdivision 3 of section 464-b of the social services law.
40 (c) "Human services" shall have the same meaning as defined in subdi-
41 vision 3 of section 464-b of the social services law.
42 3. Powers, functions and duties of the board. The board shall have the
43 power and it shall be its duty to approve or deny applications received
44 from non-profit human services organizations for grants made pursuant to
45 this section. In making such determination, the board shall consider the
46 criteria set forth in subdivision four of this section. If necessary,
47 the board may request additional information from the non-profit human
48 services organization when making such determination. Within amounts
49 appropriated therefor, the board is hereby authorized and directed to
50 award capital grants totaling fifty million dollars.
51 4. New York state non-profit infrastructure capital investment program
52 grant administration and financing. (a) The dormitory authority is here-
53 by authorized and directed to administer the New York state non-profit
54 infrastructure capital investment program grant.
55 (b) The dormitory authority shall serve as staff to the non-profit
56 infrastructure capital investment program grant board, including, with
A. 6006 155
1 the cooperation of any other state agency, for the preparation of infor-
2 mation which would assist the board in carrying out its duties.
3 (c) Non-profit human services organization shall submit applications
4 to the board that would allow them to improve the quality, efficiency
5 and accessibility of services to New Yorkers. Such proposed plans shall
6 focus on investments including but not limited to technology upgrades
7 related to improving electronic records, data analysis or confidentiali-
8 ty, renovations or expansions of space used for direct human services,
9 modifications to provide for sustainable energy efficient spaces that
10 would result in overall energy and cost savings, and accessibility reno-
11 vations. The dormitory authority shall develop a standard application
12 for such grants. Such application shall require non-profit human
13 services organizations to provide, at a minimum, the following:
14 (i) the amount of funds requested in relation to the size and scope of
15 the proposed project;
16 (ii) a detailed description of the project, including projected costs
17 including the sources and uses of funds, completion timeline, and funds
18 necessary at each stage of project completion;
19 (iii) the extent to which the proposed project reflects a necessary
20 improvement or upgrade to continue to serve the non-profit human
21 services organization's target population, or a population they would be
22 able to serve if such improvements or upgrades were made;
23 (iv) the extent to which the proposed project will allow them to serve
24 the population in general;
25 (v) a statement that as of the effective date of this section,
26 construction had not begun and equipment had not been purchased for such
27 project;
28 (vi) if applicable, a statement whether the project has received all
29 necessary regulatory approvals or can demonstrate a reasonable expecta-
30 tion that such approvals will be secured; and
31 (vii) upon the request of the board, further detail or more informa-
32 tion regarding paragraphs (a) through (c) of this subdivision that the
33 board deems relevant and necessary to its decision.
34 (d) Upon receipt of an application, the dormitory authority shall
35 review such application for technical sufficiency and compliance with
36 the application criteria as provided for in subdivision (c) of this
37 section. When the application is complete, the dormitory authority
38 shall submit such application with an analysis to the board for its
39 approval or denial.
40 (e) In order to be eligible for such grants, non-profit human services
41 organizations must provide notification to the dormitory authority of an
42 intent to apply for a grant no later than June 1, 2015 and must apply
43 for such grant no later than August 1, 2015.
44 (f) The dormitory authority shall develop a model contract provision
45 to be used in any contract which involves a project for which a non-pro-
46 fit human services organization has received a grant. Such provision
47 shall indemnify and hold the state of New York harmless from any and all
48 claims for loss or liability alleged to have been caused or resulting
49 from any work involving such project.
50 (g) The dormitory authority is hereby authorized and directed to
51 assist in financing human services projects by providing to eligible
52 non-profit human services organizations grants that have been approved
53 by the board.
54 § 2. This act shall take effect immediately.
55 PART CC
A. 6006 156
1 Section 1. Section 1 of part I of chapter 58 of the laws of 2014,
2 relating to reducing state aid for administrative costs of certain fair
3 hearings in local social services districts, is amended to read as
4 follows:
5 Section 1. Any social services district with a population of more
6 than five million shall submit to the office of temporary and disability
7 assistance on a quarterly basis no later than fifteen days after the end
8 of any quarter beginning with the quarter commencing April 1, 2015, a
9 written plan outlining the efforts of such district to minimize any
10 existing backlog of fair hearings to be scheduled such that hearings may
11 be conducted within a reasonable time. The office of temporary and disa-
12 bility assistance shall provide assistance to such district to support
13 the implementation of such plans. In the event that such plans are not
14 timely submitted, or any existing backlog grows over four or more
15 consecutive quarters beginning with the quarter commencing April 1,
16 2015, the following provisions shall apply: Notwithstanding any incon-
17 sistent provision of law, beginning April 1, 2014, for any local social
18 services district with greater than forty percent of the statewide total
19 of fair hearings issues heard in a given state fiscal year quarter, the
20 office of temporary and disability assistance shall calculate the number
21 of issues reversed plus the number of local district issues withdrawn
22 after scheduling of the hearing as a percentage of total issues heard
23 for such district. If the calculated percentage is greater than fifty
24 percent in the given state fiscal year quarter, state reimbursement
25 otherwise payable to such local social services district shall be
26 reduced by seventy percent of the non-federal share of total administra-
27 tive costs of fair hearings operations attributable to such district for
28 the given quarter, as determined by the office of temporary and disabil-
29 ity assistance and approved by the director of the budget. Such
30 reduction in reimbursement shall credit the office of temporary and
31 disability assistance personal service and nonpersonal service expendi-
32 tures for the administrative hearings program.
33 § 2. This act shall take effect immediately, provided that the amend-
34 ments to section 1 of part I of chapter 58 of the laws of 2014, made by
35 section one of this act, shall not affect the expiration and repeal of
36 such part, and shall expire and be deemed repealed therewith.
37 PART DD
38 Section 1. The social services law is amended by adding a new section
39 36-d to read as follows:
40 § 36-d. Homelessness prevention pilot program. 1. Notwithstanding any
41 inconsistent provision of law, the department is authorized and directed
42 to establish the homelessness prevention pilot program to enable a
43 social services district with a population of five million or more, to
44 issue shelter supplements or housing vouchers to households eligible for
45 public assistance or federal supplemental security income, based on such
46 households' recent or imminent loss of housing.
47 2. Such local social services district may provide such shelter
48 supplement or housing voucher to a household for which a loss of housing
49 resulted or will result from recent or pending eviction, bona fide rent
50 arrears, domestic violence, dwelling conditions that are dangerous,
51 hazardous, or detrimental to life or health, or other exigent circum-
52 stances, when the local social services district has determined that the
53 issuance of such shelter supplement or housing voucher is necessary to
54 meet actual shelter costs to secure habitable accommodations and is
A. 6006 157
1 likely to help avert or abate homelessness. Such shelter supplement or
2 housing voucher shall not exceed the fair market rent established pursu-
3 ant to part 888 of title 24 of the code of federal regulations for the
4 area in which the district is located and for the corresponding size of
5 the dwelling unit. Such shelter supplement or housing voucher shall not
6 be an amount included in the standard of need pursuant to paragraph (b)
7 of subdivision ten of section one hundred thirty-one-a of this chapter.
8 3. Any household participating in the pilot program shall be required
9 to contribute to the cost of such household's shelter an amount that is
10 the lesser of thirty percent of such household's monthly gross income
11 not including any public assistance or other benefits provided pursuant
12 to this chapter, or the sum of the pro rata shares of the monthly rent
13 of the household member or members who receive such income. A pending
14 eviction proceeding shall not be a prerequisite for a household's
15 participation in the pilot program. The income of minor children shall
16 not be considered part of the gross income.
17 4. Expenditures incurred by the local social services districts under
18 this section shall be considered in excess of the shelter allowance
19 maximum as set forth in paragraph (1) of subdivision (a) of section
20 352.3 of title eighteen of the codes, rules, and regulations of the
21 state of New York and any additional monthly shelter supplement provided
22 pursuant to a plan approved prior to April first, two thousand fifteen
23 by the office of temporary and disability assistance pursuant to para-
24 graph (3) of subdivision (a) of section 352.3 of title eighteen of the
25 codes, rules, and regulations of the state of New York.
26 5. The department is authorized to approve funding for the pilot
27 program, subject to the approval of the director of the budget, separate
28 from state aid that such local social services district would otherwise
29 be eligible to receive.
30 6. The commissioner of the human resources administration shall issue
31 a report on the pilot program to the governor, the speaker of the assem-
32 bly, the temporary president of the senate, the chairs and the ranking
33 members of the social services committees in the assembly and the senate
34 and the office of temporary and disability assistance, on or before
35 November first of each year, starting November first, two thousand
36 fifteen regarding the effectiveness of the pilot program. Such reports
37 shall include, at a minimum:
38 a. the total costs incurred for implementation of the pilot program;
39 b. the number of households participating in the program;
40 c. the costs avoided in temporary shelter and the provision of other
41 public assistance benefits, and the methodology for deriving such esti-
42 mates;
43 d. factors contributing to households experiencing housing issues,
44 including but not limited to health and safety and budgeting
45 constraints;
46 e. recommendations concerning the effectiveness of providing supple-
47 ments to the current shelter allowances and related allowances in
48 assisting individuals in receipt of public assistance benefits to secure
49 permanent and stable housing, which shall include but not be limited to
50 consideration of the correlation of shelter allowances to the fair
51 market rents established pursuant to part 888 of title 24 of the code of
52 federal regulations; and
53 f. any other information or available data that the commissioner deems
54 relevant and necessary for comprehensive evaluation of the current need
55 of entitlements for public assistance recipients.
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1 § 2. A local social services district shall not be required to provide
2 shelter supplements or housing vouchers pursuant to a pilot program
3 established pursuant to section 36-d of the social services law in the
4 event that such program is discontinued or funding for such program is
5 no longer provided by the department of social services.
6 § 3. This act shall take effect immediately.
7 PART EE
8 Section 1. Legislative findings. The legislature hereby finds and
9 declares that the New York city housing authority provides housing to
10 hundreds of thousands of New York city residents, who reside in its
11 three hundred and thirty-four public housing developments. In recent
12 years, these housing developments have suffered from a serious lack of
13 capital to support necessary structural repairs, apartment maintenance,
14 and overall improvements to better serve residents. The New York city
15 housing authority has placed the cost of needed capital improvements at
16 billions of dollars, a figure that reflects the declining health of the
17 authority's housing stock and its struggle to keep pace having severely
18 limited resources. To address these issues, the New York state legisla-
19 ture hereby provides the New York city housing authority new capital
20 funding aimed at complementing the authority's efforts to revitalize its
21 housing stock and serve the needs of its resident communities.
22 § 2. The public housing law is amended by adding a new section 402-c
23 to read as follows:
24 § 402-c. Public housing modernization funds. 1. Funds appropriated by
25 New York state, in state fiscal year two thousand fifteen-two thousand
26 sixteen and directed through the public housing modernization program to
27 the New York city housing authority shall solely go toward capital revi-
28 talization projects at New York city housing authority developments.
29 Such projects shall include, but not be limited to: rooftop restoration,
30 individual apartment maintenance, structural maintenance or
31 construction, HVAC system repair, grounds improvement, installation of
32 refuse management systems, elevator rehabilitation, upgrades and reno-
33 vations to community centers and common areas, lighting improvements,
34 electrical and plumbing maintenance, and efforts to comply with the
35 Americans with disabilities act of 1990.
36 2. (a) Forty-five days after the effective date of this section, the
37 chair shall publish on the New York city housing authority website, and
38 file with the governor, the speaker and minority leader of the assembly,
39 and the temporary president and minority leader of the senate, a capital
40 revitalization plan for utilizing funds appropriated as described in
41 subdivision one of this section. This plan shall be designed to ensure
42 appropriate administration of these funds. The plan of operation, and
43 any subsequent amendments to it, shall become effective upon filing.
44 (b) This capital revitalization plan shall: (i) detail any current and
45 projected capital revitalization projects needed or planned by the New
46 York city housing authority that would be funded in whole or in part by
47 state funds as described in subdivision one of this section, including
48 but not limited to the estimated cost of each such capital revitaliza-
49 tion project for the specific development at which it will occur, revi-
50 talization project scheduling and duration, and the location of such
51 projects;
52 (ii) illustrate procedures by which the New York city housing authori-
53 ty intends to facilitate capital revitalization projects; and
A. 6006 159
1 (iii) contain any additional provisions that the chair deems proper
2 for the administration of funds.
3 3. At the end of each calendar year from the effective date of this
4 section until all of the capital revitalization projects have been
5 completed, the chair shall publish on the New York housing authority
6 website, and submit to the governor, the speaker and minority leader of
7 the assembly, and the temporary president and minority leader of the
8 senate, an updated capital revitalization plan, which details the utili-
9 zation of such funds and the completion of the proposed capital rehabil-
10 itation projects.
11 § 3. This act shall take effect immediately.
12 PART FF
13 Section 1. The education law is amended by adding a new section 6457 to
14 read as follows:
15 § 6457. Foster youth college success initiative. 1. The commissioner
16 shall sub-allocate a portion of the funds available for the foster youth
17 college success initiative to other state departments, agencies, the
18 state university of New York, the city university of New York, or other
19 postsecondary institutions for the purpose of providing additional
20 services and expenses to expand opportunities through current postsecon-
21 dary opportunity programs at public and independent institutions for
22 foster youth and to provide any necessary supplemental financial aid for
23 foster youth, which may include the cost of tuition and fees, books,
24 transportation, and other expenses as determined by the commissioner to
25 be necessary for such foster youth to attend college.
26 (a) For the purposes of this section foster youth shall mean students
27 who have qualified as an orphan, foster child or ward of the court for
28 the purposes of federal student financial aid programs authorized by
29 Title IV of the Higher Education Act of 1965, as amended.
30 (b) State departments, agencies, the state university of New York, the
31 city university of New York, or other postsecondary institutions
32 requesting a sub-allocation shall file an application with the commis-
33 sioner by October first of each year demonstrating a need for such sub-
34 allocation, including how the funding would be used and how many foster
35 youth would be assisted.
36 2. (a) The commissioner shall award from remaining funds, grants for
37 the purpose of providing support services and supplemental financial aid
38 to assist youth in foster care to apply for, enroll in, and succeed in
39 college. Such awards shall be made on a competitive basis to degree-
40 granting institutions of higher education, consortia of degree-granting
41 higher education institutions, or not-for-profit community-based organ-
42 izations, all of which may be in cooperation with school districts.
43 (b) Grant applications shall contain one or more of the following
44 program elements:
45 (1) ability to design a website made available to all foster youth
46 specifically designed to provide pre-college information to assist with
47 questions about college preparation, application, and enrollment;
48 (2) a financial outreach program to inform foster youth about avail-
49 able federal and state financial aid programs in order to disseminate
50 information, promote and encourage use of such financial aid programs,
51 and facilitate the financial aid application process;
52 (3) a summer college preparation program to help foster youth transi-
53 tion to college, prepare them to navigate on-campus systems, and provide
A. 6006 160
1 preparation in reading, writing, and mathematics for foster youth who
2 need it; or
3 (4) a program to provide support services to foster youth including
4 assistance applying for the current post-secondary opportunity programs;
5 advisement; tutoring and academic assistance; and transition and aging-
6 out support.
7 3. Allowable costs under this program shall include, but not be limit-
8 ed to: transportation costs for students and program personnel;
9 instructional materials; remedial courses; academic support services,
10 including special tutoring, counseling and guidance services; costs
11 related directly to program provisions, including summer and weekend
12 activities; and any administrative costs directly attributable to the
13 program.
14 4. Grants shall be awarded to eligible applicants based upon criteria
15 established by the commissioner.
16 5. The commissioner shall adopt regulations for the implementation of
17 this section.
18 § 2. This act shall take effect immediately and shall be deemed to
19 have been in full force and effect on and after April 1, 2015.
20 PART GG
21 Section 1. 1. The commissioner of the office of mental health, in
22 conjunction with the commissioner of the division of housing and commu-
23 nity renewal, the commissioner of the office of temporary and disability
24 services, the commissioner of the office of alcoholism and substance
25 abuse services, the commissioner of the office for people with develop-
26 mental disabilities, and the commissioner of the department of health,
27 shall conduct an evaluation of supportive housing services statewide,
28 including an evaluation of the existing supportive housing programs and
29 a determination of the overall need for supportive housing services. In
30 conducting such evaluation the commissioner of mental health shall eval-
31 uate:
32 (a) the need for supportive housing statewide, including an analysis
33 of any variation in need by eligibility group, age, or county;
34 (b) the existing supportive housing programs operated by the state and
35 local governments to identify areas for programmatic improvement or to
36 establish best practices for supportive housing programs;
37 (c) the effectiveness of the existing supportive housing on a regional
38 basis, including an analysis of any program deficiencies on a regional
39 or county basis;
40 (d) available supportive housing beds and expenditures statewide and
41 by county as well as the multi-year state plan for increasing supportive
42 housing services;
43 (e) the adequacy of supportive housing capital support provided by the
44 state, the federal government, local governments, or private entities,
45 including an analysis of any regional variation in funding availability;
46 (f) the adequacy of supportive housing operating support, including
47 case management activities, provided by the state, the federal govern-
48 ment, local governments, or private entities, including an analysis of
49 any regional variation in funding availability;
50 (g) fair market rent calculations and determine the adequacy of rental
51 subsidy payments, including an analysis of any regional variations in
52 subsidy rates; and
53 (h) any other areas or issues deemed appropriate by the commissioners.
A. 6006 161
1 2. The commissioner of mental health shall submit a report to the
2 governor, the temporary president of the senate, and the speaker of the
3 assembly, no later than December 15, 2015, and annually thereafter, on
4 the results of this evaluation.
5 § 2. This act shall take effect immediately.
6 PART HH
7 Section 1. The New York State Energy Research and Development Authori-
8 ty ("NYSERDA") shall continue to offer Green Jobs - Green New York
9 ("GJGNY") financing to customers who were eligible for qualified energy
10 efficiency services as defined in subdivision 12 of section 1891 of the
11 public authorities law prior to January 1, 2015 on the terms that
12 existed prior to January 1, 2015.
13 § 2. No later than 30 days following the effective date of this act,
14 NYSERDA shall provide a report to the executive, temporary president of
15 the senate, speaker of the assembly, the chair of the senate committee
16 on energy and telecommunications and the chair of the assembly committee
17 on energy regarding the financial status of GJGNY. The report required
18 under this section shall detail the current fund balance, total expendi-
19 tures, and encumbered and committed funds since the program's inception.
20 § 3. This act shall take effect immediately.
21 PART II
22 Section 1. This act shall be named and may be cited as "My Home Mort-
23 gage Modification Program".
24 § 2. The legislature hereby finds and declares that: across the state,
25 thousands of New York families and communities have suffered the devas-
26 tating impact of the 2008 financial crisis. Recognizing New Yorkers'
27 need for mortgage modification services, the legislature hereby estab-
28 lishes the My Home Mortgage Modification Program under the adminis-
29 tration of the New York state housing trust fund corporation. In coordi-
30 nation with not-for-profit corporations and community development
31 financial institutions, My Home Mortgage Modification Program supports
32 mortgage relief to distressed homeowners.
33 § 3. Definitions. For the purposes of this act:
34 (a) "home loan" shall mean a first or subordinate lien loan that is
35 secured by a borrower's interest in: (i) residential real property and
36 any improvements or structures thereon; (ii) a share of a cooperative
37 corporation that entitles a borrower to a housing unit; or (iii) a resi-
38 dential structure that is part of a condominium development. Home loan
39 shall also include interest, taxes, homeownership association fees,
40 carrying charges, and other liens related to homeownership;
41 (b) "vacant and abandoned" shall mean (i) that at least three monthly
42 payments are past due on the home loan, or the mortgagor has informed
43 the mortgagee or loan servicing company, in writing, that the mortgagor
44 does not intend to occupy the property in the future; and (ii) either:
45 (A) there is a reasonable basis to believe that the property is not
46 occupied; or (B) a court, or other appropriate state or local govern-
47 mental entity, has determined that such residential real property is a
48 risk to the health, safety, or welfare of the public, any adjoining or
49 adjacent property owner; or has otherwise declared the property unfit
50 for occupancy;
51 (c) "residence" shall mean real property and any improvements or
52 structures thereon, or an interest therein, that is located in New York
A. 6006 162
1 state, not vacant or abandoned, and principally intended for occupancy
2 by one to two families;
3 (d) "homeowner" shall mean a natural person, who has held a home loan
4 for no less than 18 months, is the occupant of a residence that secures
5 such home loan and such residence is his or her only dwelling, and is
6 not actively in a bankruptcy proceeding pursuant to Title 11 of the
7 United States Code;
8 (e) "negative equity" shall mean a home loan balance that is higher
9 than the fair market value of the residence securing such home loan, as
10 determined by a New York state licensed appraiser;
11 (f) "the corporation" shall mean the New York state housing trust fund
12 corporation as created pursuant to section 45-a of the private housing
13 finance law;
14 (g) "eligible institution" shall mean a not-for-profit corporation or
15 community development financial institution. Such eligible institution
16 shall have the ability to: coordinate and/or connect homeowners to coun-
17 seling, mediation, legal representation, and negotiate on behalf of
18 homeowners seeking a home loan payment modification; provide training
19 and support for counselors, mediators, and attorneys regarding such
20 assistance to homeowners; and provide credit counseling;
21 (h) "eligible applicant" shall mean a homeowner: with negative equity;
22 who is not in default on his or her home loan who holds a home loan that
23 has an annual percentage rate of 4.0 percentage points or more above the
24 yield on treasury securities of comparable maturity measured as of the
25 fifteenth day of the month immediately preceding the month in which the
26 application for the loan is received by the lender; and, as of the date
27 of application for home loan modification pursuant to this act, whose
28 household consists of one person whose total household annual gross
29 income is no more than $150,000, including wage, salary, and/or self-em-
30 ployed earnings and income; or whose household consists of two or more
31 persons and whose total household annual gross income is no more than
32 $250,000, including wage, salary, and/or self-employed earnings and
33 income.
34 § 4. (a) Within the amounts transferred to the corporation for mort-
35 gage modification pursuant to this act, the corporation shall, in
36 consultation with the division of housing and community renewal, the
37 department of financial services, and the office of court adminis-
38 tration, develop and administer the My Home Mortgage Modification
39 Program.
40 (b) Within the available appropriations, the corporation is authorized
41 to create a revolving loan fund to provide eligible institutions with
42 funding so that such institutions may provide low-interest loans to
43 eligible applicants. Eligible institutions shall use these funds to make
44 a one-time loan, not to exceed $40,000, to each eligible applicant. The
45 purpose of the loan shall be to modify an eligible applicant's home loan
46 through home loan principal reduction or refinancing.
47 § 5. (a) The corporation shall develop application and reporting
48 procedures for eligible institutions to use to apply for funds to carry
49 out the provisions of this act; criteria for evaluating such applica-
50 tions, including criteria that would encourage collaborative applica-
51 tions by multiple eligible institutions; and criteria for use by the
52 eligible institutions, that receive funds pursuant to this act, to eval-
53 uate applications for assistance from eligible applicants for the
54 provision of home loan modification. The eligible institutions shall
55 consider the eligible applicant's need for assistance and opportunity to
A. 6006 163
1 successfully restructure the applicable home loan to allow the eligible
2 applicant to continue to occupy the home.
3 (b) The corporation shall determine procedures pertaining to eligible
4 institutions' ability to recover unpaid portions of an issued loan if an
5 eligible applicant sells his or her residence. In the event that there
6 is a default in payment by a homeowner that is not remedied within nine-
7 ty days of such default, the eligible institution or the corporation
8 shall be authorized to take legal recourse necessary to receive such
9 money and interest that is due and owing, including, but not limited to:
10 filing a lien against such residence or commencing a legal action for
11 repayment of such funds.
12 (c) The corporation shall determine loan guidelines for funds issued
13 to and loans issued by eligible institutions.
14 (d) The corporation shall determine procedures by which any interest,
15 accrued on a low-interest loan issued to a homeowner pursuant to this
16 act and received by an eligible institution, shall be remitted back into
17 the revolving loan fund.
18 (e) The corporation shall establish terms by which an eligible insti-
19 tution shall maintain funds received pursuant to this act. Eligible
20 institutions shall keep such funds separate from all other business or
21 fiduciary accounts.
22 (f) The corporation, in consultation with the division of housing and
23 community renewal, the department of financial services, and the office
24 of court administration, shall submit a report to the governor, the
25 speaker of the assembly, the temporary president of the senate, and the
26 chief administrative judge of the courts of New York state on or before
27 April 1, 2016, on the implementation of this act. Such report shall
28 include, but not be limited to, for each eligible institution receiving
29 funds under this act, a description of such eligible institution's
30 contract amount, the specific home loan modification activities and
31 number of persons and households served by each eligible institution,
32 and the number of requests for assistance that could not be granted.
33 § 6. This act shall take effect immediately.
34 PART JJ
35 Section 1. This act shall be known and may be cited as the "Home Help
36 Mortgage Assistance and Foreclosure Prevention Loan Program."
37 § 2. The legislature hereby finds and declares that: across the state,
38 thousands of New York families and communities have suffered the devas-
39 tating impact of the 2008 financial crisis and ensuing foreclosure
40 crisis. Recognizing New Yorkers' need for mortgage assistance and fore-
41 closure prevention services, the legislature hereby establishes the Home
42 Help Mortgage Assistance and Foreclosure Prevention Loan Program under
43 the administration of the New York state housing trust fund corporation.
44 In coordination with not-for-profit corporations and community develop-
45 ment financial institutions, Home Help Mortgage Assistance and Foreclo-
46 sure Prevention Loan Program provides home loan modification services to
47 distressed homeowners.
48 § 3. Definitions. For the purposes of this act:
49 (a) "home loan" shall mean a first or subordinate lien loan that is
50 secured by a borrower's interest in: (i) residential real property and
51 any improvements or structures thereon; (ii) a share of a cooperative
52 corporation that entitles a borrower to a housing unit; or (iii) a resi-
53 dential structure that is part of a condominium development. Home loan
A. 6006 164
1 shall also include interest, taxes, homeownership association fees,
2 carrying charges, and other liens related to homeownership;
3 (b) "vacant and abandoned" shall mean (i) that at least three monthly
4 payments are past due on the home loan, or the mortgagor has informed
5 the mortgagee or loan servicing company, in writing, that the mortgagor
6 does not intend to occupy the property in the future; and (ii) either:
7 (A) there is a reasonable basis to believe that the property is not
8 occupied; or (B) a court, or other appropriate state or local govern-
9 mental entity, has determined that such residential real property is a
10 risk to the health, safety, or welfare of the public; any adjoining or
11 adjacent property owner; or has otherwise declared the property unfit
12 for occupancy;
13 (c) "residence" shall mean real property and any improvements or
14 structures thereon, or an interest therein, that is located in New York
15 state, not vacant or abandoned, and principally intended for occupancy
16 by one to two families;
17 (d) "homeowner" shall mean a natural person, who has held a home loan
18 for no less than 18 months, is the occupant of a residence that secures
19 such home loan and such residence is his or her only dwelling, and is
20 not actively in a bankruptcy proceeding pursuant to Title 11 of the
21 United States Code;
22 (e) "imminent risk of home loan default" shall mean a home loan with a
23 reasonable likelihood of delinquency within a 90-day period, as of the
24 date of application for home loan assistance and foreclosure prevention
25 services pursuant to this act;
26 (f) "the corporation" shall mean the New York state housing trust fund
27 corporation as created pursuant to section 45-a of the private housing
28 finance law;
29 (g) "eligible institution" shall mean a not-for-profit corporation or
30 community development financial institution. Such eligible institution
31 shall have the ability to: coordinate and/or connect homeowners to coun-
32 seling, mediation, legal representation, and negotiate on behalf of
33 homeowners facing delinquency or foreclosure; provide training and
34 support for counselors, mediators, and attorneys regarding such assist-
35 ance to homeowners; and provide credit counseling;
36 (h) "eligible applicant" shall mean a homeowner: (i) at imminent risk
37 of home loan default, who is not in default on his or her home loan, who
38 has a documented financial hardship, and whose loan-to-value ratio is no
39 less than 75 percent; or (ii) who is no more than 90 days delinquent on
40 his or her home loan, who has a documented financial hardship, and whose
41 loan-to-value ratio is no less than 75 percent; or (iii) who has a docu-
42 mented financial hardship due to unemployment or underemployment; as of
43 the date of application for home loan assistance and foreclosure
44 prevention services pursuant to this act, has been unemployed for at
45 least two months; has a current loan-to-value ratio no less than 70
46 percent; and is likely to resume repayment of the original home loan
47 obligations within 12 months; or (iv) against whom a lender, assignee,
48 or mortgage loan servicer has filed a lis pendens, summons, and
49 complaint in an action under article 13 of the real property actions and
50 proceedings law. An eligible applicant under paragraphs (i), (ii), and
51 (iv) of this subdivision shall be, as of the date of application for
52 home loan assistance and foreclosure prevention services pursuant to
53 this act, an individual whose household consists of one person and whose
54 total household annual gross income is no more than $150,000, including
55 wage, salary, and/or self-employed earnings and income; or an individual
56 whose household consists of two or more persons and whose total house-
A. 6006 165
1 hold annual gross income is no more than $250,000, including wage, sala-
2 ry, and/or self-employed earnings and income.
3 § 4. (a) Within the amounts transferred to the corporation for home
4 loan assistance and foreclosure prevention services pursuant to this
5 act, the corporation shall, in consultation with the division of housing
6 and community renewal, the department of financial services, and the
7 office of court administration, develop and administer the Home Help
8 Mortgage Assistance and Foreclosure Prevention Loan Program.
9 (b) Within the available appropriations, the corporation is authorized
10 to create a revolving loan fund to provide eligible institutions funding
11 so that such institutions may provide low-interest loans to eligible
12 applicants. Eligible institutions shall use these funds to make a one-
13 time loan, not to exceed $40,000, to each eligible applicant. The
14 purpose of the loan shall be to modify an eligible applicant's home loan
15 through home loan principal reduction, refinancing, or provide temporary
16 financial relief for the payment of an existing home loan.
17 § 5. (a) The corporation shall develop application and reporting
18 procedures for eligible institutions to use to apply for funds to carry
19 out the provisions of this act; criteria for evaluating such applica-
20 tions, including criteria that would encourage collaborative applica-
21 tions by multiple eligible institutions; and criteria for use by the
22 eligible institutions, that receive funds pursuant to this act, to eval-
23 uate applications for assistance from eligible applicants for the
24 provision of home loan assistance and foreclosure prevention services.
25 The eligible institutions shall consider the eligible applicant's need
26 for assistance and opportunity to successfully restructure the applica-
27 ble home loan to allow the eligible applicant to continue to occupy the
28 home.
29 (b) The corporation shall determine procedures pertaining to eligible
30 institutions' ability to recover unpaid portions of an issued loan if an
31 eligible applicant sells his or her residence. In the event that there
32 is a default in payment by a homeowner that is not remedied within nine-
33 ty days of such default, the eligible institution or the corporation
34 shall be authorized to take legal recourse necessary to receive such
35 money and interest that is due and owing, including, but not limited to:
36 filing a lien against such residence or commencing a legal action for
37 repayment of such funds.
38 (c) The corporation shall determine loan guidelines for funds issued
39 to and loans issued by eligible institutions.
40 (d) The corporation shall determine procedures by which any interest,
41 accrued on a low-interest loan issued to a homeowner pursuant to this
42 act and received by an eligible institution, shall be remitted back into
43 the revolving loan fund.
44 (e) The corporation shall establish terms by which an eligible insti-
45 tution shall maintain funds received pursuant to this act. Eligible
46 institutions shall keep such funds separate from all other business or
47 fiduciary accounts.
48 (f) The corporation, in consultation with the division of housing and
49 community renewal, the department of financial services, and the office
50 of court administration, shall submit a report to the governor, the
51 speaker of the assembly, the temporary president of the senate, and the
52 chief administrative judge of the courts of New York state on or before
53 April 1, 2016, on the implementation of this act. Such report shall
54 include, but not be limited to, for each eligible institution receiving
55 funds under this act, a description of such eligible institution's
56 contract amount, the specific foreclosure prevention activities and
A. 6006 166
1 number of persons and households served by each eligible institution,
2 and the number of requests for assistance that could not be granted. The
3 report shall also include a quantitative analysis of home loan defaults
4 in the state, the causes of such defaults, the unmet needs that exist in
5 the state due to defaults on loans, foreclosures of homes, rates of
6 foreclosures, the need for direct assistance to homeowners, and the
7 ability of homeowners to successfully comply with home loan terms or
8 negotiate changes in their home loans in order to remain in their homes.
9 § 6. This act shall take effect immediately.
10 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
11 sion, section or part of this act shall be adjudged by any court of
12 competent jurisdiction to be invalid, such judgment shall not affect,
13 impair, or invalidate the remainder thereof, but shall be confined in
14 its operation to the clause, sentence, paragraph, subdivision, section
15 or part thereof directly involved in the controversy in which such judg-
16 ment shall have been rendered. It is hereby declared to be the intent of
17 the legislature that this act would have been enacted even if such
18 invalid provisions had not been included herein.
19 § 3. This act shall take effect immediately provided, however, that
20 the applicable effective date of Parts A through JJ of this act shall be
21 as specifically set forth in the last section of such Parts.
