Relates to expanding eligibility for judges presiding over designated youth parts.
Summary
A08890 amends New York’s Criminal Procedure Law to expand who may preside over designated youth parts in superior court. Under current law, youth parts are staffed by family court judges; this bill would also allow superior court judges to serve if the chief administrator of the courts determines they are qualified based on prior training and experience. The bill specifically points to experience in juvenile delinquency proceedings in family court or adolescent/juvenile offender proceedings in superior court as relevant qualifications.
The bill also directs that judges in youth parts receive specialized training in juvenile justice, adolescent development, custody and care of youths, and treatment methods aimed at reducing unlawful conduct by young people. The youth part would continue to have exclusive jurisdiction over juvenile offenders and adolescent offenders, subject to existing statutory exceptions. The measure takes effect immediately upon enactment.
Impact
This bill would amend section 722.10 of the Criminal Procedure Law to broaden judicial eligibility for youth parts in each county’s superior court. It would not change the existence of youth parts or their jurisdiction, but it would expand the pool of judges who may be assigned to them, potentially affecting court administration, judicial assignments, and the handling of juvenile and adolescent offender matters statewide. The bill is introduced at the request of the Unified Court System, indicating an operational court-system purpose rather than a substantive change to offense definitions or penalties.
Sentiment
The available voting history shows strong support and no recorded opposition: the Assembly Ways and Means Committee approved the bill 32-0 and referred it onward, and the Assembly Rules Committee also reported it favorably 29-0. With no committee transcript available, the overall sentiment appears positive and noncontroversial, with the bill moving forward unanimously in committee.
Contention
No specific points of contention are documented in the provided materials. The main policy question implied by the bill is whether superior court judges, beyond family court judges, should be allowed to preside over youth parts if they have relevant training and experience. Any concerns would likely center on judicial qualifications, consistency in youth-court handling, and whether expanding eligibility could affect the specialized nature of these parts, but no opposition is reflected in the votes or context provided.
Requires the office of children and family services certify certain detention facilities for youths and promulgate regulations for certain detention facilities for youths.
Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.
Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.
Relates to audio-visual coverage of judicial proceedings by the media; allows the judge or justice presiding over a proceeding to exercise discretion to prohibit or limit filming or photographing of particular participants; defines terms; provides limitations on audio-visual coverage.
Relates to youth programs sponsored by fire departments; provides that participants may respond to an emergency or hazardous activity, but shall remain in an appropriate and safe designated area that has been established by the chief or officer in charge; provides such participants cannot respond to an emergency on a vehicle using lights and/or sirens; provides such participants may not enter a burning structure; protects volunteer fire departments and fire companies from certain criminal and civil liability potentially arising from the operation of a youth program.
Relates to youth programs sponsored by fire departments; provides that participants may respond to an emergency or hazardous activity, but shall remain in an appropriate and safe designated area that has been established by the chief or officer in charge; provides such participants cannot respond to an emergency on a vehicle using lights and/or sirens; provides such participants may not enter a burning structure; protects volunteer fire departments and fire companies from certain criminal and civil liability potentially arising from the operation of a youth program.
Relates to complaints regarding judges and confidentiality of records; extends the jurisdiction of the state commission on judicial conduct as to judges who resign or retire while under investigation or formal charges.
Directs the director of the budget to amend the state's overtime compensation eligibility policy to include all positions allocated up to and including salary grade 23.