|SAME AS||No Same As|
|COSPNSR||Williams, Fernandez, D'Urso, Mosley, Ortiz, Lifton, Pellegrino, Seawright, Barron, Galef, Arroyo, Rivera, Cook, Crouch, McDonough, Bichotte|
|Add §459-i, Soc Serv L; add §60.38, Pen L|
|Establishes the domestic violence rehabilitation program; requires mandatory domestic violence counseling.|
|05/29/2018||referred to social services|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10993 SPONSOR: Jaffee
TITLE OF BILL: An act to amend the social services law, in relation to establishing the domestic violence rehabilitation program; and to amend the penal law, in relation to mandatory domestic violence coun- seling   PURPOSE: To create a new counseling program and to provide for participation in that program for persons convicted of domestic violence.   SUMMARY OF PROVISIONS: Section 1 amends the Social Services Law to add a new section 459-1 to create a domestic violence rehabilitation program. The section directs the commissioner to establish the program through regulation and sets forth certain parameters for the program. Section 2 amends the Penal Law to add a new section 60.38 Mandatory domestic violence counseling. This section provides that any person convicted of certain offenses that also constitute domestic violence shall be required to enroll and complete a domestic violence rehabili- tation program as a condition of conditional discharge, probation or parole. Section 3 Effective date.   JUSTIFICATION: Domestic violence is recognized as a true societal scourge that damages children and adults with lifetime consequences. Persons that are the victim of domestic violence can suffer both physical and mental harm, and other family members who witness such abuse become victims as well. This bill first creates a domestic violence program to be developed by the Department of Social Services, and them requires that any person convicted of domestic violence must enter and complete a domestic violence rehabilitation program as a condition of being allowed to receive a conditional discharge, probation or parole. There are private domestic abuse programs being provided by charitable and other organiza- tions, such as Catholic Charities of Buffalo, that have proven to be efficacious in educating those who have committed domestic violence as to the harm that they cause as well as ways to properly channel anger without hurting those around them. In addition to any other penalty or condition that may be ordered by a judge, it is important that counsell- ing and education be mandated to help the individual and protect the members of his or her family and society.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined. The Commissioner is authorized to charge fees to cover the cost of the program.   EFFECTIVE DATE: This act will take effect 180 days after it shall have become law. Effective immediately, the addition, amendment and or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 10993 IN ASSEMBLY May 29, 2018 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to establishing the domestic violence rehabilitation program; and to amend the penal law, in relation to mandatory domestic violence counseling The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 459-i to read as follows: 3 § 459-i. Domestic violence rehabilitation program. 1. There is hereby 4 established a domestic violence rehabilitation program within the 5 department. The commissioner shall establish, by regulation, the 6 instructional and rehabilitative aspects of the program. Such program 7 shall consist of at least twenty-six and up to fifty-two sessions of one 8 hour to one and one-half hours each and include, but need not be limited 9 to, classroom instruction in areas deemed suitable by the commissioner. 10 2. The form, content and method of presentation of the various aspects 11 of such program shall be established by the commissioner. In the devel- 12 opment of the form, curriculum and content of such program, the commis- 13 sioner may consult with the commissioner of mental health, the director 14 of the division of alcoholism and alcohol abuse, the director of the 15 division of substance abuse services, the office of the attorney general 16 and any other state department or agency and request and receive assist- 17 ance from them. The commissioner is also authorized to develop more than 18 one curriculum and course content for such program in order to meet the 19 varying rehabilitative needs of the participants. 20 3. A course in such program shall be available in at least every coun- 21 ty in the state, except where the commissioner determines that there is 22 not a sufficient number of domestic violence offenses in a county to 23 mandate the establishment of said course, and that provisions be made 24 for the residents of said county to attend a course in another county 25 where a course exists. 26 4. Participation in the program shall be limited to those persons 27 convicted of domestic abuse offenses or persons who have been adjudi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15812-03-8A. 10993 2 1 cated youthful offenders for domestic abuse offenses, who choose to 2 participate and who satisfy the criteria and meet the requirements for 3 participation as established by this section and the regulations promul- 4 gated thereunder; provided, however, in the exercise of discretion, the 5 judge imposing sentence may require the defendant to enroll in such 6 program. The commissioner or deputy may exercise discretion, to reject 7 any person from participation referred to such program and nothing 8 contained in this section shall be construed as creating a right to be 9 included in any course or program established under this section. 10 5. The commissioner shall establish a schedule of fees to be paid by 11 or on behalf of each participant in the program, and may, from time to 12 time, modify same. Such fees shall defray the ongoing expenses of the 13 program. Provided, however, that pursuant to an agreement with the 14 department a municipality, department, or other agency may conduct a 15 course in such program with all or part of the expense of such course 16 and program being borne by such municipality, department or agency. In 17 no event shall such fee be refundable, either for reasons of the partic- 18 ipant's withdrawal or expulsion from such program or otherwise. 19 § 2. The penal law is amended by adding a new section 60.38 to read as 20 follows: 21 § 60.38 Mandatory domestic violence counseling. 22 Any defendant convicted of any of the following offenses, where the 23 defendant and the person against whom the offense was committed were 24 members of the same family or household as defined in subdivision one of 25 section 530.11 of the criminal procedure law and as established pursuant 26 to section 370.15 of the criminal procedure law; any offense listed 27 under title H, title I or title O of part 3 of this chapter; or attempt 28 to commit any of the offenses under title H, title I or title O of part 29 3 of this chapter, shall be required to enroll and complete a domestic 30 violence rehabilitation program as a condition of conditional discharge, 31 probation or parole. 32 § 3. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law. Effective immediately, the addition, amend- 34 ment and/or repeal of any rule or regulation necessary for the implemen- 35 tation of this act on its effective date are authorized to be made and 36 completed on or before such effective date.