A04785 Summary:

BILL NOA04785
 
SAME ASNo same as
 
SPONSORPerry (MS)
 
COSPNSRColton, Camara
 
MLTSPNSRRobinson
 
Add S511, Exec L
 
Defines a bill of rights for juveniles in the juvenile justice system.
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A04785 Actions:

BILL NOA04785
 
02/08/2013referred to children and families
01/08/2014referred to children and families
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A04785 Floor Votes:

There are no votes for this bill in this legislative session.
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A04785 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4785
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2013
                                       ___________
 
        Introduced by M. of A. PERRY, COLTON, CAMARA -- Multi-Sponsored by -- M.
          of  A. ROBINSON -- read once and referred to the Committee on Children
          and Families
 
        AN ACT to amend the executive law, in relation to enacting the TREAT Act
          defining a bill of rights for juveniles in the juvenile justice system
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The legislature finds and declares that research based on
     2  national data from 2000 has shown that up to eighty percent of juveniles
     3  in juvenile justice systems  have  a  nexus  to  substance  abuse:  18.2
     4  percent  are  under  the  influence of alcohol or drugs while committing
     5  their offenses, 53.9 percent test positive for  drugs  at  the  time  of
     6  arrest,  12.1  percent  are  arrested  for committing an alcohol or drug
     7  offense, 62.5 percent report having substance abuse problems,  and  many
     8  exhibit  some  combination  of  these  characteristics; while forty-four
     9  percent of arrested juveniles meet clinical criteria for  substance  use
    10  disorder requiring medical treatment, only 3.6 percent of arrested juve-

    11  nile  offenders  with substance abuse and addiction problems receive any
    12  form of substance abuse treatment according to the  National  Center  on
    13  Addiction  and  Substance Abuse (CASA); while up to seventy-five percent
    14  of all incarcerated juveniles have some diagnosable mental health disor-
    15  der, mental health services remain scarce; that  incarcerated  juveniles
    16  have  an  increased  need  for basic and special education, but they are
    17  progressively left behind in systems that use  uncredentialed  teachers,
    18  crowded  and  inadequate  facilities  and which fail to create an educa-
    19  tional environment conducive to learning and development; that juveniles
    20  who drink and use drugs are more likely to be arrested  multiple  times,
    21  with  each conviction raising the likelihood of the juvenile being proc-
    22  essed through adult court  and  subject  to  an  eventual  adult  felony

    23  conviction,  and  such  juveniles  recidivate  faster  with more serious
    24  offenses than those retained in juvenile court; and that  a  substantial
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00048-01-3

        A. 4785                             2
 
     1  percentage  of  adults  in prison for felony crimes were incarcerated as
     2  juveniles.
     3    The  legislature  further  finds and declares that, with comprehensive
     4  screening, the needs of juveniles can be identified and appropriate care
     5  provided while maintaining the safety of the community; and  that,  with
     6  appropriate  care,  juvenile  offenders  will  recidivate  less, and can

     7  become productive, healthy  and  law-abiding  members  of  society.  The
     8  legislature  therefore  declares  that  the  provisions  of this act are
     9  necessary to protect the public health, safety and general welfare.  The
    10  necessity  in the public interest for the provisions hereinafter enacted
    11  is hereby declared as a matter of legislative determination.
    12    § 2. This act shall be known and may be cited as the  "TREAT  Act"  or
    13  the "youth treatment, rehabilitation, education and training act".
    14    §  3. The executive law is amended by adding a new section 511 to read
    15  as follows:
    16    § 511. Bill of rights for youths in the juvenile justice system.    1.
    17  All youths in the system have the following rights:
    18    (a)  Right  to  rehabilitation: In the handling of each juvenile case,

    19  the state shall use its best  efforts  to  rehabilitate  the  youth,  in
    20  furtherance  of  which, a comprehensive assessment shall be made of each
    21  youth's substance use, medical and mental health, education  and  family
    22  issues that may be linked to the delinquency;
    23    (b)  Right  to  treatment:  All youths in the system have the right to
    24  effective, evidence-based treatment services for substance  abuse  prob-
    25  lems  and  disorders as well as health (medical, mental, dental) issues,
    26  based on the mandated  comprehensive  assessment  of  their  needs,  and
    27  provided by trained professionals;
    28    (c)  Right  to education: All youths in the system have the right to a
    29  public education, including special education where needed,  that  meets

    30  criteria  as  established by the state education department; the credits
    31  issued for this coursework must be credited by public  school  districts
    32  and  diplomas  awarded  for credit completion by the child's home public
    33  school district as determined by permanent address;
    34    (d) Right to family and social services: All youths in the system have
    35  the right to services to improve family and social functioning;
    36    (e) Right to least restrictive alternatives: All youths in the  system
    37  shall  be  entitled  to the least restrictive means appropriate to their
    38  individual cases throughout their  contact  with  the  juvenile  justice
    39  system.  At  no  time shall a youth be subject to more restrictive means

    40  than his or her case otherwise warrants in order to  secure  appropriate
    41  services;
    42    (f) Right to reintegration: All youths in the system have the right to
    43  be  provided  with  appropriate  aftercare to support successful reentry
    44  into the community that incorporates a continuity of care from placement
    45  through release. Each child entering state care  post-adjudication  will
    46  have  a  plan individually developed for him or her based on the compre-
    47  hensive assessment. There shall be periodic reassessments at least every
    48  one hundred twenty days. This plan shall continue uninterrupted through-
    49  out the state's care of  the  child,  including  during  probation,  and
    50  aftercare release;

    51    (g)  Right  to  non-discrimination:  All youths in the system have the
    52  right to have all determinations in their cases made without  regard  to
    53  religion,  race,  national  origin,  ethnicity,  gender or sexual orien-
    54  tation;
    55    (h) Right to safety and security: All youths in the  system  have  the
    56  right  to  be  housed in safe, dedicated juvenile facilities, to be kept

        A. 4785                             3
 
     1  free from any form of abuse, including protection from  disproportionate
     2  means and the use of force;
     3    (i) Right to counsel: All youths in the system have the right to free,
     4  competent counsel at all stages of proceedings;
     5    (j)  Right  to  protection  from self-incrimination: All youths in the

     6  system have the right to appropriate safeguards against  self-incrimina-
     7  tion,  including  the vesting in the youth of a privilege for any state-
     8  ment by the youth given in furtherance of treatment  or  assessment  for
     9  treatment;
    10    (k) Right to evidence-based practice: The state shall track and evalu-
    11  ate  the  effectiveness of treatment and assessments over time to ensure
    12  that the means employed are scientifically supported and improved; and
    13    (l) Right to speedy review: All youths in the system have the right to
    14  have their cases processed fairly and quickly.
    15    2. None of the foregoing rights shall abridge or  abrogate  any  other
    16  recognized  rights,  entitlements or privileges enjoyed by those in whom

    17  these rights are vested.
    18    3. Each division facility housing  or  providing  services  to  youths
    19  transferred  to the custody of the division pursuant to the family court
    20  act or the penal law shall post, in at least  one  prominent  place  and
    21  readily  accessible  to the general public, including youths in the care
    22  or custody of the facility, a legible statement setting forth the rights
    23  enumerated in subdivision one of this section, together with a statement
    24  describing the process for filing complaints with the division  concern-
    25  ing any violation of such rights. Such posted statement shall be written
    26  in  both  English  and Spanish, shall be titled, in lettering no smaller
    27  than two inches in height and two  inches  in  width,  with  the  phrase

    28  "Process  for  Registering    Complaints" and shall contain the name and
    29  telephone number of  the  office  with  which  to  register  complaints,
    30  together  with such other information as the division deems to be neces-
    31  sary.
    32    4. Complaints regarding violations of the rights enumerated in  subdi-
    33  vision  one  of  this section may be made directly to the division or to
    34  the division facility where the violation occurred. All complaints  made
    35  to  the  division  facility  shall  be recorded by the facility adminis-
    36  tration, and shall immediately be referred to the division for  investi-
    37  gation. The director shall promulgate rules and regulations as he or she
    38  deems necessary to give effect to the provisions of this section.

    39    5.  (a)  The  right  to  rehabilitation  shall  include the right to a
    40  comprehensive  assessment  of  the  youth's  medical  and  psychological
    41  health,  and educational, family and substance abuse issues prior to the
    42  time the youth enters into the custody or care of the  juvenile  justice
    43  system. Youths shall be placed in a division facility only after assess-
    44  ment and a determination that the placement is the least restrictive and
    45  most  appropriate facility available. In cases involving the transfer of
    46  a youth with substance abuse problems to the  custody  of  the  division
    47  pursuant to the penal law, priority shall be given to treating substance
    48  abuse issues.
    49    (b)  The  right to treatment shall include the right to be assigned to

    50  and have access to appropriate counselors and  treatment  programs.  Any
    51  youth  who was found to have substance abuse issues shall undergo treat-
    52  ment programs while in the juvenile justice system.
    53    (c) The right to education shall include the right  to  be  taught  by
    54  licensed,  grade  appropriate  teachers  in  accordance with the youth's
    55  grade level and to earn transferable school credit  equivalent  to  that
    56  which  the  youth  would have had the opportunity to obtain at a regular

        A. 4785                             4
 
     1  full-time school, as well as to receive career education as provided  by
     2  section five hundred thirteen of this subtitle, where appropriate.

     3    (d) The right to reintegration shall include the right to a comprehen-
     4  sive  assessment  of  the  youth's medical and psychological health, and
     5  educational, family and substance abuse issues immediately prior to  the
     6  time  the  youth  is released from the division facilities, the right to
     7  have a counselor assigned to  support  the  youth's  re-entry  into  the
     8  community  and the right to receive a minimum of two hours of counseling
     9  per week for up to a year after the youth is discharged from the facili-
    10  ty. Any youth who was found to have substance abuse issues shall undergo
    11  treatment programs, as needed, for up to two  years  after  leaving  the
    12  facility.
    13    (e)  The  right to safety and security shall include: (i) the right to

    14  be housed in facilities separate and apart from facilities used to house
    15  adult inmates of the justice system. No youth in  the  juvenile  justice
    16  system shall have contact with adult inmates of the justice system or be
    17  held in any prison or other facility designated for use by adult inmates
    18  of  the  justice  system when the facility is utilized by adult inmates;
    19  and
    20    (ii) the right to have access to a counselor  who  is  not  affiliated
    21  with  the division facility in which the youth resides or from which the
    22  youth receives treatment, to have allegations of mistreatment by facili-
    23  ty staff promptly investigated and to have  a  complete  record  of  the
    24  investigation  and  the disposition of the matter filed with the commis-

    25  sioner's office. A youth shall be immediately removed  from  a  division
    26  facility  following  a complaint of abuse of the youth by facility staff
    27  and such youth shall not be returned to the facility where the abuse was
    28  alleged to have occurred unless and until the complaint is  investigated
    29  and the case is closed with a finding that the allegations of abuse were
    30  false.    If abuse was found to have occurred, the youth shall be placed
    31  at a different division facility for the duration of his or her time  in
    32  the juvenile justice system.
    33    § 4. This act shall take effect immediately.
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