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A06755 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6755
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2025
                                       ___________
 
        Introduced by M. of A. SIMONE -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT  to  amend  the judiciary law, in relation to a pilot program to
          create an elder court
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The judiciary law is amended by adding a new article 5-C to
     2  read as follows:
 
     3                                 ARTICLE 5-C
     4                          ELDER COURT PILOT PROGRAM
 
     5  Section 178. Definition.
     6          178-a. Elder court pilot program.
     7    §  178.  Definition.  For purposes of this article "elder court" shall
     8  refer to both of the following when they are simultaneously  pending  in
     9  the  county: an elder abuse, domestic violence, or criminal case involv-
    10  ing a caretaker commenced in a criminal court; and a case  commenced  in
    11  supreme  or  family  court that involves a party or witness in the elder
    12  abuse, domestic violence or criminal case. The  chief  administrator  of
    13  the  courts  shall  promulgate  through  rules and regulations any other
    14  elder court eligible case.
    15    § 178-a. Elder court pilot program. 1.  Within  amounts  appropriated,
    16  the  chief  administrator  of  the courts shall establish an elder court
    17  pilot program to operate in up to six counties in the state to study the
    18  effectiveness of senior-specific  judicial  programming  in  the  state.
    19  Following  consultation with and agreement of the presiding judge of the
    20  judicial department in which a county is located, the chief  administra-
    21  tor, by administrative order, may establish an elder court pilot program
    22  in  such  county,  make  monies available for the operation of the elder
    23  court pilot program, and assign  one  or  more  judges  or  justices  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07616-01-5

        A. 6755                             2
 
     1  preside  therein.  The chief administrator of the courts shall establish
     2  through rules and regulations each pilot court  so  as  to  ensure  that
     3  cases  pending  before  it are identified as elder court-eligible at the
     4  earliest  possible  time,  and  establish procedures for the transfer of
     5  eligible cases.
     6    2. The chief administrator of the courts, and participating  counties,
     7  may partner with local not-for-profit organizations, universities, muni-
     8  cipalities,  TRIAD  teams,  multi-disciplinary teams, or senior advocacy
     9  groups to track information, assess service needs, and collect  informa-
    10  tion  for the pilot program study. Upon completion of the pilot program,
    11  the chief administrator of the courts shall issue a  report  documenting
    12  the  elder  court  pilot program initiatives and include recommendations
    13  for the establishment of statewide elder court  operations.  The  report
    14  shall include, but not be limited to, recommendations regarding:
    15    a.  Judicial officer and court staff training regarding specific needs
    16  and issues that may arise in elder cases, including but not limited  to,
    17  the  development  of  elder-specific curriculum and technical assistance
    18  materials for judges and court staff;
    19    b. The characteristics and needs of elderly litigants and their cases,
    20  including but not limited to adjustment  of  court  hours,  coordination
    21  with   social   services   or  not-for-profit  entities,  transportation
    22  concerns, and community support available during the course of the  case
    23  and after;
    24    c. Best practices for the establishment of elder courts including, but
    25  not  limited  to,  consideration of administration policies, court prac-
    26  tices, and litigant experiences; and
    27    d. Policy and statutory changes that are generalized  across  programs
    28  and may assist in the prosecution of elder abuse cases.
    29    3.  Nothing  in this section shall preclude the chief administrator of
    30  the courts from designating a preexisting program that qualifies  as  an
    31  elder  court from participating in the pilot program. The chief adminis-
    32  trator of the courts shall also, within their discretion, utilize preex-
    33  isting integrated courts parts for operation of the  elder  court  pilot
    34  program where compatible.
    35    4.  Nothing  in this section shall preclude the chief administrator of
    36  the courts, or a state entity,  from  applying  for  qualifying  federal
    37  monies  or  private  funds to assist in the operation of the elder court
    38  pilot program.
    39    5. The chief administrator of the courts shall submit  the  report  to
    40  the  governor,  the temporary president of the senate and the speaker of
    41  the assembly within two years of the effective date of this section. The
    42  report shall also be distributed on the office of  court  administration
    43  public website.
    44    § 2. This act shall take effect immediately.
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