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A10993 Summary:

BILL NOA10993
 
SAME ASNo Same As
 
SPONSORJaffee
 
COSPNSRWilliams, Fernandez, D'Urso, Mosley, Ortiz, Lifton, Pellegrino, Seawright, Barron, Galef, Arroyo, Rivera, Cook, Crouch, McDonough, Bichotte, Lavine
 
MLTSPNSRAbbate, Simon
 
Add 459-i, Soc Serv L; add 60.38, Pen L
 
Establishes the domestic violence rehabilitation program; requires mandatory domestic violence counseling.
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A10993 Actions:

BILL NOA10993
 
05/29/2018referred to social services
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A10993 Memo:

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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A10993 Text:



 
                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.
                                                                   LBD15812-03-8

        A. 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.
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