S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5573
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 1, 2013
                                      ___________
       Introduced  by  M. of A. KATZ -- read once and referred to the Committee
         on Health
       AN ACT to amend the social services law, in relation to the state assum-
         ing all of the costs for the benefits and services administered  under
         the  state's Medicaid program, to amend section 1 of part C of chapter
         58 of the laws of 2005, authorizing  reimbursements  for  expenditures
         made  by or on behalf of social services districts for medical assist-
         ance for needy persons and the administration thereof, in relation  to
         increasing  expenditures;  and  to  repeal  certain  provisions of the
         social services law relating thereto (Part A);  to  amend  the  social
         services  law, in relation to eligibility for temporary assistance for
         needy persons and counting  emergency  assistance  towards  any  other
         assistance  a family may be eligible for under the social services law
         (Part B); to amend the social services law, in relation to simplifying
         investigation requirements  when  there  are  repeated  unfounded  CPS
         investigations,  to  no  longer  require  investigations  of education
         neglect for children over the age  of  twelve,  to  allow  the  county
         discretion  in setting and determining staffing performance and crite-
         ria and to create an adoption incentives board and pilot program (Part
         C); to amend the education law, in relation to requiring that  munici-
         pal administrative costs be covered by the state for programs operated
         under section 4410 of the education law and to allow municipalities to
         require income based financial participation by the parent or guardian
         of  children  enrolled  in such programs (Part D); to amend the county
         law, the family court act and the civil practice  law  and  rules,  in
         relation to funding for indigent defense (Part E); to amend the execu-
         tive  law, in relation to authorizing the collection of administrative
         fees to support probation services; and to amend  chapter  55  of  the
         laws  of  1992  amending the tax law and other laws relating to taxes,
         surcharges, fees and funding, in  relation  to  the  effectiveness  of
         certain  provisions  (Part  F);  to  amend  the  public health law, in
         relation to the funding for early intervention programs (Part  G);  to
         amend  the  executive  law,  the  navigation  law,  the penal law, the
         correction law and the criminal procedure law, in  relation  to  youth
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08152-01-3
       A. 5573                             2
         detention  and allowing the county greater control of where youths are
         sent for detention; and to repeal certain provisions of  the  criminal
         procedure law, the vehicle and traffic law, and the penal law relating
         thereto (Part H); and to amend the retirement and social security law,
         in relation to allowing additional contributions to be made by members
         who  joined  the retirement system after July 27, 1976 and to preclude
         overtime hours from being calculated in retirement allowances (Part I)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to enact the New York state mandate relief for coun-
    3  ties act. Each component is wholly contained within a Part identified as
    4  Parts A through I. The effective  date  for  each  particular  provision
    5  contained  within  such  Part  is  set forth in the last section of such
    6  Part. Any provision in any section contained within  a  Part,  including
    7  the  effective  date of the Part, which makes reference to a section "of
    8  this act", when used in connection with that particular component, shall
    9  be deemed to mean and refer to the corresponding section of the Part  in
   10  which  it  is  found.  Section  four  of this act sets forth the general
   11  effective date of this act.
   12    S 2. This act shall be known and may be cited as the "New  York  state
   13  mandate relief for counties act".
   14                                   PART A
   15    Section  1. Section 368-a of the social services law is REPEALED and a
   16  new section 368-a is added to read as follows:
   17    S 368-A. STATE REIMBURSEMENT. THE DEPARTMENT SHALL REVIEW THE EXPENDI-
   18  TURES MADE BY SOCIAL SERVICES DISTRICTS FOR MEDICAL ASSISTANCE FOR NEEDY
   19  PERSONS, AND THE ADMINISTRATION THEREOF,  BEFORE  MAKING  REIMBURSEMENT.
   20  BEFORE  APPROVING  SUCH  EXPENDITURES  FOR REIMBURSEMENT, THE DEPARTMENT
   21  SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE  REVIEWS  AND  AUDITS
   22  CONDUCTED  BY  THE  DEPARTMENT  OF HEALTH PURSUANT TO SUBDIVISION TWO OF
   23  SECTION THREE HUNDRED SIXTY-FOUR OF  THIS  TITLE.  IF  APPROVED  BY  THE
   24  DEPARTMENT,  SUCH  EXPENDITURES SHALL NOT BE SUBJECT TO REIMBURSEMENT BY
   25  THE STATE PURSUANT TO SECTION ONE HUNDRED FIFTY-THREE OF THIS ARTICLE OR
   26  ANY PROVISION OF THIS CHAPTER OTHER THAN  THIS  SECTION,  BUT  SHALL  BE
   27  SUBJECT  TO  REIMBURSEMENT  BY THE STATE IN ACCORDANCE WITH THIS SECTION
   28  AND THE REGULATIONS OF THE DEPARTMENT, AS FOLLOWS:
   29    NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  BY  JANUARY  FIRST,  TWO
   30  THOUSAND  SEVENTEEN  THE  STATE  SHALL ASSUME ONE HUNDRED PERCENT OF THE
   31  NON-FEDERAL SHARE OF COSTS FOR BENEFITS AND SERVICES PROVIDED UNDER  THE
   32  STATE'S MEDICAID PROGRAM PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE
   33  HUNDRED SIXTY-EIGHT-AA OF THIS TITLE.
   34    S 2. The social services law is amended by adding a new section 368-aa
   35  to read as follows:
   36    S  368-AA.  STATE  ASSUMPTION OF NON-FEDERAL SHARE MEDICAID COSTS.  1.
   37  NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE STATE  SHALL  ASSUME  ONE
   38  HUNDRED  PERCENT  OF  THE NON-FEDERAL SHARE OF MEDICAID COSTS BY JANUARY
   39  FIRST, TWO THOUSAND SEVENTEEN.
   40    2. (A)(I) BEGINNING  STATE  FISCAL  YEAR  TWO  THOUSAND  THIRTEEN  THE
   41  MEDICAL  ASSISTANCE EXPENDITURE AMOUNT FOR THE SOCIAL SERVICES DISTRICTS
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    1  SHALL BE CAPPED, FOR A PERIOD OF FIVE YEARS, AT AN AMOUNT EQUAL  TO  THE
    2  PREVIOUS CALENDAR YEARS' MEDICAL ASSISTANCE EXPENDITURE AMOUNT.
    3    (II) THE STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO OVERRIDE SUCH
    4  CAP  DURING  THE  YEARS  TWO  THOUSAND  THIRTEEN--TWO THOUSAND EIGHTEEN,
    5  HOWEVER ANY INCREASES TO EXPEDITES APPROVED BY  THE  GOVERNOR  SHALL  BE
    6  FUNDED THROUGH THE STATE BUDGET.
    7    (B)(I)  COMMENCING  STATE  FISCAL YEAR TWO THOUSAND FOURTEEN THE LOCAL
    8  SHARE/COUNTY SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE  MEDICAL
    9  ASSISTANCE  AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY TEN
   10  PERCENT UNDER THE PREVIOUS YEARS EXPENDITURE.
   11    (II) COMMENCING STATE FISCAL YEAR  TWO  THOUSAND  FOURTEEN  THE  STATE
   12  SHARE  OF  MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT
   13  FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY TEN PERCENT OVER THE
   14  PREVIOUS YEARS EXPENDITURE.
   15    (C)(I) COMMENCING STATE FISCAL YEAR TWO  THOUSAND  FIFTEEN  THE  LOCAL
   16  SHARE/COUNTY  SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE MEDICAL
   17  ASSISTANCE AMOUNT FOR SOCIAL SERVICES  DISTRICTS  SHALL  BE  REDUCED  BY
   18  TWENTY PERCENT UNDER THE PREVIOUS YEARS EXPENDITURE.
   19    (II) COMMENCING STATE FISCAL YEAR TWO THOUSAND FIFTEEN THE STATE SHARE
   20  OF  MEDICAID  COSTS  EXPENDED  THROUGH THE MEDICAL ASSISTANCE AMOUNT FOR
   21  SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY TWENTY PERCENT OVER  THE
   22  PREVIOUS YEAR EXPENDITURE.
   23    (D)(I)  COMMENCING  STATE  FISCAL  YEAR TWO THOUSAND SIXTEEN THE LOCAL
   24  SHARE/COUNTY SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE  MEDICAL
   25  ASSISTANCE  AMOUNT  FOR  SOCIAL  SERVICES  DISTRICTS SHALL BE REDUCED BY
   26  FIFTY PERCENT UNDER THE PREVIOUS YEARS EXPENDITURE.
   27    (II) COMMENCING STATE FISCAL YEAR TWO THOUSAND SIXTEEN THE STATE SHARE
   28  OF MEDICAID COSTS EXPENDED THROUGH THE  MEDICAL  ASSISTANCE  AMOUNT  FOR
   29  SOCIAL  SERVICES  DISTRICTS SHALL BE INCREASED BY FIFTY PERCENT OVER THE
   30  PREVIOUS YEARS EXPENDITURE.
   31    (E)(I) COMMENCING STATE FISCAL YEAR TWO THOUSAND SEVENTEEN  THE  LOCAL
   32  SHARE/COUNTY  SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE MEDICAL
   33  ASSISTANCE AMOUNT FOR SOCIAL SERVICES  DISTRICTS  SHALL  BE  REDUCED  BY
   34  SEVENTY-FIVE PERCENT UNDER THE PREVIOUS YEARS EXPENDITURE.
   35    (II)  COMMENCING  STATE  FISCAL  YEAR TWO THOUSAND SEVENTEEN THE STATE
   36  SHARE OF MEDICAID COSTS EXPENDED THROUGH THE MEDICAL  ASSISTANCE  AMOUNT
   37  FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY SEVENTY PERCENT OVER
   38  THE PREVIOUS YEARS EXPENDITURE.
   39    (F)(I)  COMMENCING  STATE  FISCAL YEAR TWO THOUSAND EIGHTEEN THE LOCAL
   40  SHARE/COUNTY SHARE  OF  MEDICAID  COSTS  EXPENDED  THROUGH  THE  MEDICAL
   41  ASSISTANCE  AMOUNT FOR SOCIAL SERVICES DISTRICTS SHALL BE REDUCED BY ONE
   42  HUNDRED PERCENT UNDER THE PREVIOUS YEARS EXPENDITURE.
   43    (II) COMMENCING STATE FISCAL YEAR  TWO  THOUSAND  EIGHTEEN  THE  STATE
   44  SHARE  OF  MEDICAID COSTS EXPENDED THROUGH THE MEDICAL ASSISTANCE AMOUNT
   45  FOR SOCIAL SERVICES DISTRICTS SHALL BE INCREASED BY ONE HUNDRED  PERCENT
   46  OVER  THE PREVIOUS YEARS EXPENDITURE RESULTING IN THE ENTIRE EXPENDITURE
   47  FOR MEDICAID COST BEING FUNDED BY THE STATE.
   48    (G) THE STATE BY AND THROUGH THE GOVERNOR MAY CHOOSE TO  OVERRIDE  THE
   49  CAP  ESTABLISHED  IN  THIS  SECTION AFTER THE YEAR TWO THOUSAND EIGHTEEN
   50  HOWEVER ANY INCREASES TO EXPENDITURES APPROVED BY THE GOVERNOR SHALL  BE
   51  FUNDED THROUGH THE STATE BUDGET.
   52    AS  USED  IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
   53  MEANINGS:  (1) LOCAL SHARE/COUNTY SHARE SHALL MEAN THE  PORTION  OF  ANY
   54  EXPENSES  COVERED  BY  COUNTIES  FOR  THE  ADMINISTRATION,  BENEFITS AND
   55  SERVICE PROVIDED UNDER THE STATE'S MEDICAID PROGRAM.
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    1    S 3. Subdivision (c-1) of section 1 of part C of  chapter  58  of  the
    2  laws  of  2005 authorizing reimbursements for expenditures made by or on
    3  behalf of social services districts for  medical  assistance  for  needy
    4  persons  and the administration thereof, as added by section 1 of part F
    5  of chapter 56 of the laws of 2012, is amended to read as follows:
    6    (c-1)  Notwithstanding  any  provisions  of  subdivision  (c)  of this
    7  section to the contrary, effective April 1, 2013, for the period January
    8  1, 2013 through December 31, 2013 and for each calendar year thereafter,
    9  the medical  assistance  expenditure  amount  for  the  social  services
   10  district  for such period shall be equal to the previous calendar year's
   11  medical assistance expenditure amount[, except that:
   12    (1) for the period January 1, 2013  through  December  31,  2013,  the
   13  previous  calendar  year  medical  assistance expenditure amount will be
   14  increased by 2%;
   15    (2) for the period January 1, 2014  through  December  31,  2014,  the
   16  previous  calendar  year  medical  assistance expenditure amount will be
   17  increased by 1%]. ANY INCREASES TO EXPENDITURES REQUIRED AFTER THE  YEAR
   18  2013  SHALL  BE MADE PURSUANT TO THE PROVISIONS OF SECTION 368-AA OF THE
   19  SOCIAL SERVICES LAW.
   20    S 4. This act shall take effect immediately; provided,  however,  that
   21  the amendments made to subdivision (c-1) of section 1 of part C of chap-
   22  ter  58  of  the  laws  of  2005 by section three of this act shall take
   23  effect on the same date and in the same manner as section 1 of part F of
   24  chapter 56 of the laws of 2012, takes effect.
   25                                   PART B
   26    Section 1. Subdivision 1 of section 158 of the social services law, as
   27  added by section 44 of part B of chapter 436 of the  laws  of  1997  and
   28  paragraph  (f) as amended by chapter 214 of the laws of 1998, is amended
   29  to read as follows:
   30    1. A person is eligible for safety net assistance who  is  financially
   31  needy as determined in accordance with title one of this article and the
   32  regulations  promulgated  thereunder,  is  not  in sanction status for a
   33  program authorized by this chapter and:
   34    (a) resides in a family which is ineligible for family  assistance  or
   35  other  assistance  funded  by the federal temporary assistance for needy
   36  families block grant because an adult in the  family  has  exceeded  the
   37  maximum  durational limits on such assistance contained in section three
   38  hundred fifty of this chapter, or
   39    (b) [is an adult who would otherwise be eligible for family assistance
   40  except that he or she does not reside with a dependent child, or
   41    (c)] resides in a family that would otherwise be eligible  for  family
   42  assistance except that at least one adult or minor head of household has
   43  been  determined  in  accordance  with section one hundred thirty-two of
   44  this article to be abusing illegal substances or engaging in the habitu-
   45  al and excessive consumption of alcoholic beverages, or
   46    [(d)] (C) is under the age of eighteen, not living  with  his  or  her
   47  child and has no adult relatives with whom to reside, or
   48    [(e)]  (D) resides in a family in which a person required to submit to
   49  screening or evaluation for use  of  illegal  drugs  or  excess  alcohol
   50  consumption  pursuant  to section one hundred thirty-two of this article
   51  refused to comply, or
   52    [(f)] (E) resides in a family which  includes  a  person  disqualified
   53  from  receiving assistance pursuant to paragraph (f) of subdivision four
   54  of section one hundred thirty-two of this article, or
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    1    [(g)] (F) is a qualified alien who is ineligible to receive assistance
    2  funded under the temporary assistance for  needy  families  block  grant
    3  solely  because  of  section  four hundred three of the federal personal
    4  responsibility and work opportunity reconciliation  act  of  1996  (P.L.
    5  104-193)  or  is an alien who is permanently residing under color of law
    6  but is not a qualified alien.
    7    S 2. Section 350-j of the social services law is amended by  adding  a
    8  new subdivision 6 to read as follows:
    9    6.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY ANY
   10  EMERGENCY ASSISTANCE PROVIDED UNDER THIS SECTION SHALL COUNT TOWARDS THE
   11  TOTAL AMOUNT OF ASSISTANCE A FAMILY MAY BE ELIGIBLE FOR UNDER ANY  OTHER
   12  PROGRAM IN THIS CHAPTER.
   13    S 3. This act shall take effect immediately.
   14                                   PART C
   15    Section  1. The social services law is amended by adding a new section
   16  416-a to read as follows:
   17    S 416-A. REPEATED UNFOUNDED  INVESTIGATIONS.  THE  COMMISSIONER  SHALL
   18  DEVELOP  A PROTOCOL FOR EACH COUNTY AND THE CITY OF NEW YORK WHERE THERE
   19  HAVE BEEN REPEATED UNFOUNDED INVESTIGATIONS AGAINST A FAMILY OR INDIVID-
   20  UAL. SUCH PROTOCOL SHALL AIM TO REDUCE THE AMOUNT OF TIME SPENT UNNECES-
   21  SARILY INVESTIGATING SO THAT CASEWORKERS MAY WORK MORE EFFICIENTLY.
   22    S 2. Subdivision 8 of section 34-a of  the  social  services  law,  as
   23  added by chapter 543 of the laws of 2006, is amended to read as follows:
   24    8.  The  commissioner  of  the  office of children and family services
   25  shall, in conjunction with the commissioner of education, develop  model
   26  practices  and procedures for local social services districts and school
   27  districts regarding  the  reporting  and  investigation  of  educational
   28  neglect.  Such  model  practices  and  procedures  shall be available to
   29  social services districts and school districts and shall  be  posted  on
   30  the office of children and family services website and the state depart-
   31  ment  of education website by September first, two thousand seven.  Each
   32  social  services  district  shall,  in  conjunction  with  local  school
   33  districts  within  its  district, submit written policies and procedures
   34  regarding the reporting of educational neglect by each  school  district
   35  within  such  social  services  district and the investigation of educa-
   36  tional neglect allegations by child protective services PROVIDED, HOWEV-
   37  ER, INVESTIGATION SHALL NOT BE REQUIRED WHEN THE CHILD IS OVER  THE  AGE
   38  OF  TWELVE.    Such  policies  and  procedures shall be submitted to the
   39  office of children and family services for review by January first,  two
   40  thousand  eight  and  the  office shall approve or disapprove such local
   41  policies and procedures, based upon the model practices  and  procedures
   42  established in conjunction with the state department of education, with-
   43  in sixty days of submission.
   44    S  3. The social services law is amended by adding a new section 412-b
   45  to read as follows:
   46    S 412-B. STAFFING AND PERFORMANCE CRITERIA. COMMENCING JANUARY  FIRST,
   47  TWO  THOUSAND  THIRTEEN  THE  COUNTIES AND THE CITY OF NEW YORK SHALL BE
   48  ALLOWED TO REEVALUATE  AND  ESTABLISH  THEIR  STAFFING  AND  PERFORMANCE
   49  CRITERIA. THE GOAL OF SUCH REEVALUATION SHALL BE TO ALLOW LOCALS GREATER
   50  FLEXIBILITY  AND  WORK  MORE  EFFICIENTLY AND DEVELOP IMPROVED MODELS OF
   51  SERVICE.
   52    S 4. The social services law is amended by adding a new section  427-b
   53  to read as follows:
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    1    S 427-B. ADOPTION INCENTIVES BOARD AND PILOT PROGRAM.  EACH COUNTY AND
    2  THE CITY OF NEW YORK SHALL DEVELOP AN ADOPTION INCENTIVE BOARD AND PILOT
    3  PROGRAM.  SUCH  BOARD  SHALL MAKE SUGGESTIONS IN THE FORM OF A REPORT TO
    4  THE COMMISSIONER ON VIABLE INCENTIVES TO ENCOURAGE ADOPTION WITHIN THEIR
    5  COUNTY  OR THE CITY OF NEW YORK BY MAY FIFTEENTH, TWO THOUSAND THIRTEEN.
    6  THE COMMISSIONER SHALL THEN EVALUATE SUCH SUGGESTIONS AND WORK WITH  THE
    7  COUNTIES  TO  IMPLEMENT SUGGESTIONS THROUGH AN ADOPTION INCENTIVES PILOT
    8  PROGRAM AT A LOCAL LEVEL BY JANUARY FIRST, TWO THOUSAND THIRTEEN.
    9    S 5. This act shall take effect immediately.
   10                                   PART D
   11    Section 1. Paragraph d of subdivision 10 of section 4410 of the educa-
   12  tion law, as amended by chapter 705 of the laws  of  1992,  subparagraph
   13  (ii)  as  amended  by  section 58 of part H of chapter 83 of the laws of
   14  2002 and subparagraph (iii) as amended by section 63 of part A of  chap-
   15  ter 60 of the laws of 2000, is amended to read as follows:
   16    d.  (i)  At  the  beginning of the school year, the commissioner shall
   17  allocate funds for reimbursement of allowable administrative  costs,  as
   18  defined in regulations of the commissioner, incurred by a board pursuant
   19  to this section. Such allocation shall be in an amount equal to a school
   20  district's  pro rata share of the statewide base year count of preschool
   21  children as a percent of federal funds available for such reimbursement,
   22  as determined by the commissioner. In January  of  any  school  year  in
   23  which  additional federal funds are determined by the commissioner to be
   24  available for such reimbursement, the commissioner shall equitably allo-
   25  cate such funds for reimbursement of allowable administrative costs,  in
   26  a manner determined by the commissioner which is consistent with federal
   27  statutes  and  regulations governing the use of federal funds, to school
   28  districts which have demonstrated a need for such additional  funds.  At
   29  the  close  of the school year for which such funds were allocated, each
   30  board shall submit, in a form prescribed by the commissioner,  a  state-
   31  ment  of  the  allowable  administrative costs incurred pursuant to this
   32  section. [A board may, subject to approval of the  commissioner,  submit
   33  any allowable administrative costs for which federal funds are not allo-
   34  cated to that school district pursuant to this subdivision to the appro-
   35  priate  municipality  or  municipalities  for  reimbursement pursuant to
   36  subdivision eleven of this section.]
   37    (ii) Boards may submit reasonable costs  incurred  pursuant  to  para-
   38  graphs  a  through d of subdivision seven of this section to the [appro-
   39  priate municipality] COMMISSIONER for  reimbursement.  Boards  may  also
   40  submit  to the [appropriate municipality] COMMISSIONER for reimbursement
   41  of reasonable costs incurred pursuant  to  paragraph  e  of  subdivision
   42  seven of this section: (A) in an action or proceeding brought by another
   43  party or (B) in an action or proceeding brought by the board, other than
   44  an  action  or proceeding brought against the state, a department, board
   45  or agency of the state or a  state  officer,  except  where  such  state
   46  defendant  is  joined as a necessary party to such action or proceeding,
   47  if, upon final disposition  of  the  action  or  proceeding,  the  board
   48  receives a judgment in its favor annulling the determination or order of
   49  the  state  review  officer.  The  municipality  shall be reimbursed for
   50  payment of such costs pursuant to subdivision eleven of this section.
   51    (iii) On or after July first, nineteen hundred  ninety,  and  annually
   52  thereafter  until June thirtieth, two thousand one, municipalities shall
   53  be eligible for reimbursement for administrative costs  incurred  during
   54  the  preceding  year  of fifty dollars for each eligible preschool child
       A. 5573                             7
    1  served in such year pursuant to this section. On or  after  July  first,
    2  two  thousand  one,  and  annually  thereafter,  municipalities shall be
    3  eligible for reimbursement for ALL administrative costs incurred  during
    4  the  preceding year [of seventy-five dollars for each eligible preschool
    5  child served in such year pursuant to this section].  Each  municipality
    6  shall  submit  a  claim  in  a form prescribed by the commissioner. Upon
    7  approval, reimbursement shall be made by the commissioner from appropri-
    8  ations available therefor. Such reimbursement shall be made in the first
    9  instance from any federal funds designated under federal law  for  local
   10  use,  as determined by the commissioner, that are available after satis-
   11  fying the provisions of subparagraph  (i)  of  this  paragraph.  To  the
   12  extent  that such federal funds are not sufficient or available to reim-
   13  burse a municipality for such costs, reimbursement shall  be  made  with
   14  state funds.
   15    S  2.  Paragraph  a of subdivision 11 of section 4410 of the education
   16  law, as amended by chapter 474 of the laws of 1996, is amended  to  read
   17  as follows:
   18    a.  The  approved  costs  for  a preschool child who receives services
   19  pursuant to this section shall be a charge upon the municipality wherein
   20  such child resides.  COMMENCING THE BEGINNING OF THE SCHOOL YEAR IN  THE
   21  YEAR  TWO  THOUSAND  THIRTEEN  THE  MUNICIPALITY IS HEREBY AUTHORIZED TO
   22  REQUIRE FINANCIAL PARTICIPATION BY THE PARENT OR LEGAL GUARDIAN  OF  ANY
   23  CHILD  ENROLLED  IN A PROGRAM UNDER THIS SECTION. SUCH FINANCIAL PARTIC-
   24  IPATION COLLECTED BY THE MUNICIPALITY SHALL  BE  UTILIZED  TO  FUND  ONE
   25  HUNDRED  PERCENT  OF THE MUNICIPALITY'S NON-ADMINISTRATIVE COSTS FOR THE
   26  OPERATION OF PROGRAMS IN THIS SECTION. THE COMMISSIONER  IN  CONJUNCTION
   27  WITH  THE  LOCAL  BOARDS SHALL DEVELOP AN INCOME BASED FINANCIAL PARTIC-
   28  IPATION SCHEDULE FOR TUITION WHICH SHALL BE PAID BY THE PARENT OR  LEGAL
   29  GUARDIAN  OF  ANY  CHILD  ENROLLED  IN A PROGRAM UNDER THIS SECTION. THE
   30  COMMISSIONER IN CONJUNCTION WITH THE  LOCAL  BOARDS  SHALL  ADDITIONALLY
   31  INVESTIGATE  THE FEASIBILITY OF ACCEPTING THIRD PARTY INSURANCE PAYMENTS
   32  FOR SERVICES RENDERED UNDER THIS SECTION AND WHERE APPLICABLE BILL  SUCH
   33  THIRD  PARTY  INSURANCE  FOR  SERVICES  RENDERED UNDER THIS SECTION. All
   34  approved costs shall be paid in the first instance and at least quarter-
   35  ly by the appropriate governing body or officer of the municipality upon
   36  vouchers presented and audited in the same manner as the case  of  other
   37  claims   against  the  municipality.  Notwithstanding  any  inconsistent
   38  provisions of this section, upon notification  by  the  commissioner,  a
   39  municipality  may  withhold  payments  due  any  provider  for  services
   40  rendered to preschool children in a program for which  the  commissioner
   41  has  been  unable  to establish a tuition rate due to the failure of the
   42  provider to file complete and accurate  reports  for  such  purpose,  as
   43  required by the commissioner.
   44    S 3. This act shall take effect immediately.
   45                                   PART E
   46    Section 1. Section 722-e of the county law, as added by chapter 878 of
   47  the laws of 1965, is amended to read as follows:
   48    S  722-e.    Expenses. 1. EXPENSES. All expenses for providing counsel
   49  and services other than counsel hereunder shall be a county charge or in
   50  the case of a county wholly located within a city a city  charge  to  be
   51  paid out of an appropriation for such purposes.
   52    2.  RATES. THE RATES PAID TO INDIVIDUALLY ASSIGNED ATTORNEYS PROVIDING
   53  REPRESENTATION UNDER THIS ARTICLE SHALL BE SET BY THE COUNTY  AND  SHALL
   54  BE EVALUATED PERIODICALLY FOR COST OF LIVING INCREASES.
       A. 5573                             8
    1    3.  DETERMINING  INDIGENCE.  THE  COUNTY  SHALL  HAVE THE AUTHORITY TO
    2  DETERMINE AND ESTABLISH GUIDELINES FOR DETERMINING THE INDIGENCE  STATUS
    3  OF  PERSONS  APPLYING FOR ASSISTANCE UNDER THIS ARTICLE. SUCH GUIDELINES
    4  SHALL NOT BE LESS THAN ONE HUNDRED AND TWENTY-FIVE PERCENT OF THE FEDER-
    5  AL  POVERTY  GUIDELINES  AS DEFINED BY THE U.S. DEPARTMENT OF HEALTH AND
    6  HUMAN SERVICES. FURTHER, THE COUNTY SHALL HAVE THE  ABILITY  TO  COLLECT
    7  ANY  FUNDS  EXPENDED  UNDER  THIS  ARTICLE  FROM  THE FUTURE EARNINGS OF
    8  FORMERLY QUALIFYING INDIGENT PERSONS.
    9    S 2. Section 580-313 of the family court act, as added by chapter  398
   10  of the laws of 1997, is amended to read as follows:
   11    S  580-313.  Costs  and  fees.   (a) The petitioner [may not] SHALL be
   12  required to pay a filing fee [or other costs] UP TO, BUT NOT MORE  THAN,
   13  TWENTY-FIVE  DOLLARS.  SUCH  FEE  SHALL  BE UTILIZED TO SUPPORT INDIGENT
   14  DEFENSE SERVICES WITHIN THE COURT.
   15    (b) If an obligee prevails, a responding tribunal may  assess  against
   16  an  obligor  filing  fees,  reasonable attorney's fees, other costs, and
   17  necessary travel and other reasonable expenses incurred by  the  obligee
   18  and  the  obligee's witnesses.  The tribunal may not assess fees, costs,
   19  or expenses against the obligee or the  support  enforcement  agency  of
   20  either  the  initiating  or  the responding state, except as provided by
   21  other law.  Attorney's fees may be taxed as costs, and  may  be  ordered
   22  paid  directly  to the attorney, who may enforce the order in the attor-
   23  ney's own name.  Payment of support owed to  the  obligee  has  priority
   24  over fees, costs and expenses.
   25    (c)  The  tribunal  shall  order  the  payment of costs and reasonable
   26  attorney's fees if it determines that a hearing was requested  primarily
   27  for  delay.  In a proceeding under part six of this article (enforcement
   28  and modification of support order  after  registration),  a  hearing  is
   29  presumed  to  have  been  requested  primarily for delay if a registered
   30  support order is confirmed or enforced without change.
   31    S 3. Section 8018 of the civil practice law and rules  is  amended  by
   32  adding a new subdivision (e) to read as follows:
   33    (E)  THE FAMILY COURT OF ANY JURISDICTION SHALL REQUIRE THE PETITIONER
   34  TO PAY A FILING FEE UP TO, BUT NOT MORE THAN TWENTY-FIVE DOLLARS FOR ALL
   35  ACTIONS COMMENCED UNDER THE FAMILY COURT'S JURISDICTION.  SUCH FEE SHALL
   36  BE UTILIZED TO SUPPORT INDIGENT DEFENSE SERVICES WITHIN THE COURT.
   37    S 4. This act shall take effect immediately.
   38                                   PART F
   39    Section 1. Section 257-c of the executive law, as added by chapter  55
   40  of the laws of 1992, subdivision 5 as amended by section 58 of part A of
   41  chapter 56 of the laws of 2010, is amended to read as follows:
   42    S 257-c. Probation  administrative  fee.  1. Notwithstanding any other
   43  provision of law, every county and the city of New  York,  may  adopt  a
   44  local  law  requiring  individuals  currently  serving  or  who shall be
   45  sentenced to a period of probation upon conviction of  any  crime  under
   46  article  thirty-one  of  the vehicle and traffic law to pay to the local
   47  probation department with the responsibility of supervising  the  proba-
   48  tioner  an  administrative  fee  of  thirty dollars per month. The LOCAL
   49  PROBATION department shall waive all or part of such fee where,  because
   50  of  the  indigence  of the offender, the payment of said surcharge would
   51  work an unreasonable hardship on the person convicted, his or her  imme-
   52  diate  family,  or  any other person who is dependent on such person for
   53  financial support.
       A. 5573                             9
    1    2. The provisions of subdivision six of section 420.10 of the criminal
    2  procedure law shall govern for purposes of collection of the administra-
    3  tive fee.
    4     3.  A.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EVERY COUNTY AND
    5  THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW  REQUIRING  INDIVIDUALS  WHO
    6  SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME
    7  TO  PAY  A TWENTY-FIVE DOLLAR PROBATIONER REGISTRATION FEE. IN ADDITION,
    8  EVERY COUNTY AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL  LAW  REQUIRING
    9  INDIVIDUALS  CURRENTLY SERVING, OR WHO SHALL BE SENTENCED TO A PERIOD OF
   10  PROBATION UPON CONVICTION OF ANY CRIME, AN ADMINISTRATIVE FEE OF  THIRTY
   11  DOLLARS A MONTH.
   12    B.  EVERY  COUNTY  AND  THE  CITY  OF  NEW YORK, MAY ADOPT A LOCAL LAW
   13  REQUIRING INDIVIDUALS THAT UTILIZE, OR ARE REQUIRED TO UTILIZE,  CERTAIN
   14  SERVICES  AND  ARE  SENTENCED  TO A PERIOD OF PROBATION, TO PAY AN ADDI-
   15  TIONAL MONTHLY FEE OF TEN DOLLARS A MONTH. SUCH SERVICES MAY INCLUDE BUT
   16  NOT BE LIMITED TO AN ALCOHOL AND  DRUG  TESTING  FEE  OR  AN  ELECTRONIC
   17  ENHANCEMENTS BENEFIT FEE. THE LOCAL PROBATION DEPARTMENT SHALL WAIVE ALL
   18  OR PART OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE
   19  PAYMENT  OF  SAID  SURCHARGE  WOULD WORK AN UNREASONABLE HARDSHIP ON THE
   20  PERSON CONVICTED, HIS OR HER IMMEDIATELY FAMILY, OR ANY OTHER PERSON WHO
   21  IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
   22    [3.] 4. The probation administrative fee authorized  by  this  section
   23  shall not constitute nor be imposed as a condition of probation.
   24    [4.]  5.  In  the event of non-payment of any fees which have not been
   25  waived by the local probation department, the county or the city of  New
   26  York  may  seek  to  enforce  payment in any manner permitted by law for
   27  enforcement of a debt.
   28    [5.] 6. Monies collected pursuant to this section  shall  be  utilized
   29  for  probation  services  by the local probation department. Such moneys
   30  shall not be considered by  the  division  when  determining  state  aid
   31  pursuant to section two hundred forty-six of [the executive law] OF THIS
   32  CHAPTER.  Monies  collected  shall  not be used to replace federal funds
   33  otherwise utilized for probation services.
   34    S 2. Subdivision (aa) of section 427 of chapter  55  of  the  laws  of
   35  1992, amending the tax law and other laws relating to taxes, surcharges,
   36  fees  and  funding,  as amended by section 11 of part A of chapter 57 of
   37  the laws of 2011, is amended to read as follows:
   38    (aa) the provisions  of  sections  three  hundred  eighty-two[,  three
   39  hundred  eighty-three]  and  three hundred eighty-four of this act shall
   40  expire on September 1, 2013;
   41    S 3. This act shall take effect immediately and any revenue  generated
   42  by  the  administrative fees authorized by this act shall be retained by
   43  every county or the city of New York to support probation services with-
   44  in the jurisdiction.
   45                                   PART G
   46    Section 1. Section 2556 of the public health law, as added by  chapter
   47  428 of the laws of 1992, is amended to read as follows:
   48    S  2556.  Administrative  costs.    On  or  after July first, nineteen
   49  hundred ninety-four, and annually thereafter,  municipalities  shall  be
   50  eligible  for  reimbursement  for  administrative costs exclusive of due
   51  process costs incurred during the preceding year pursuant to this title.
   52  Such reimbursement shall be made in the first instance from any  federal
   53  funds  available for such purpose, as determined by the commissioner. To
   54  the extent that such federal funds are not sufficient  or  available  to
       A. 5573                            10
    1  reimburse  a  municipality  for such administrative costs, reimbursement
    2  shall be made with state funds [in an amount up to, but  not  exceeding,
    3  one  hundred  dollars]  for each eligible child served in such preceding
    4  year.
    5    S  2.  Subdivision  1  of  section  2557  of the public health law, as
    6  amended by section 4 of part C of chapter 1 of  the  laws  of  2002,  is
    7  amended to read as follows:
    8    1. The approved costs for an eligible child who receives an evaluation
    9  and early intervention services pursuant to this title shall be a charge
   10  upon  the  municipality wherein the eligible child resides or, where the
   11  services are covered by the medical assistance program, upon the  social
   12  services  district of fiscal responsibility with respect to those eligi-
   13  ble children who are also eligible for medical assistance OR TO A  THIRD
   14  PARTY  INSURANCE  PLAN  THROUGH  WHICH  THE  ELIGIBLE CHILD IS A COVERED
   15  MEMBER.  All approved costs shall be paid in the first instance  THROUGH
   16  A  THIRD  PARTY  INSURANCE PLAN OF WHICH THE ELIGIBLE CHILD IS A COVERED
   17  MEMBER and at least quarterly, AND THEN  by  the  appropriate  governing
   18  body  or officer of the municipality upon vouchers presented and audited
   19  in the same manner as the case of other claims against the municipality.
   20  Notwithstanding the insurance law or regulations thereunder relating  to
   21  the  permissible  exclusion  of payments for services under governmental
   22  programs, OR PRIVATE THIRD PARTY INSURANCE THROUGH  WHICH  THE  ELIGIBLE
   23  CHILD  IS A COVERED MEMBER no such exclusion shall apply with respect to
   24  payments made pursuant to this title. [Notwithstanding the insurance law
   25  or any other law or agreement to the contrary, benefits under this title
   26  shall be considered secondary to any plan of insurance or state  govern-
   27  ment  benefit  program under which an eligible child may have coverage.]
   28  Nothing in this section shall increase or enhance coverages provided for
   29  within an insurance contract subject to the provisions of this title.
   30    S 3. Subdivision 2 of section 2557 of the public health law, as  added
   31  by chapter 428 of the laws of 1992, is amended to read as follows:
   32    2. The department shall reimburse the approved costs paid by a munici-
   33  pality  for the purposes of this title, other than those reimbursable by
   34  the medical assistance program or by third party payors, in an amount of
   35  [fifty] ONE HUNDRED percent of the amount expended  in  accordance  with
   36  the  rules and regulations of the commissioner. Such state reimbursement
   37  to the municipality shall not be paid prior to April first of  the  year
   38  in which the approved costs are paid by the municipality.
   39    S  4.  Subdivision  2  of  section  2557  of the public health law, as
   40  amended by section 9-a of part A of chapter 56 of the laws of  2012,  is
   41  amended to read as follows:
   42    2. The department shall reimburse the approved costs paid by a munici-
   43  pality  for the purposes of this title, other than those reimbursable by
   44  the medical assistance program or by third party payors, in an amount of
   45  [fifty] ONE HUNDRED percent of the amount expended  in  accordance  with
   46  the  rules and regulations of the commissioner[; provided, however, that
   47  in the discretion of the department and with the approval of the  direc-
   48  tor  of the division of the budget, the department may reimburse munici-
   49  palities  in  an  amount  greater  than  fifty  percent  of  the  amount
   50  expended].  Such  state  reimbursement  to the municipality shall not be
   51  paid prior to April first of the year in which the  approved  costs  are
   52  paid  by  the  municipality,  provided,  however  that,  subject  to the
   53  approval of the director of the budget,  the  department  may  pay  such
   54  state aid reimbursement to the municipality prior to such date.
   55    S  5. Section 2559-a of the public health law, as added by chapter 428
   56  of the laws of 1992, is amended to read as follows:
       A. 5573                            11
    1    S 2559-a. Transportation.  The municipality in which an eligible child
    2  resides shall, beginning with the first day of service,  provide  either
    3  directly,  by  contract,  or  through  reimbursement  at  a mileage rate
    4  authorized by the municipality for the use of a private vehicle  or  for
    5  other  reasonable  transportation  costs,  for  suitable  transportation
    6  pursuant  to  section  twenty-five  hundred  forty-five  of  this  title
    7  PROVIDED,  HOWEVER,  THAT THE MUNICIPALITY SHALL FIRST MAKE EVERY EFFORT
    8  TO COORDINATE  TRANSPORTATION  SERVICES  WITH  OTHER  HEALTH  AND  HUMAN
    9  SERVICES  PROGRAMS  OPERATED WITHIN THE MUNICIPALITY.  All contracts for
   10  transportation of such children shall be provided pursuant to the proce-
   11  dures set forth in section two hundred thirty-six of  the  family  court
   12  act, using the date on which the child's IFSP is implemented, in lieu of
   13  the date the court order was issued; provided, however, that the city of
   14  New  York  shall  provide  such  transportation  in  accordance with the
   15  provisions of chapter one hundred thirty of the laws of nineteen hundred
   16  ninety-two, if applicable.
   17    S 6. This act shall take effect immediately; provided however that the
   18  amendments to subdivision 2 of section 2557 of  the  public  health  law
   19  made  by section four of this act shall take effect on the same date and
   20  in the same manner as section 9-a of part A of chapter 56 of the laws of
   21  2012, takes effect.
   22                                   PART H
   23    Section 1. Subdivisions 1, 2, 3, 5, 7 and 8  of  section  503  of  the
   24  executive  law,  subdivisions 1, 2, 3, 5 and 8 as amended by chapter 465
   25  of the laws of 1992, paragraphs (b) and (c) of subdivision 5 and  subdi-
   26  vision 7 as amended by section 2 of subpart B of part Q of chapter 58 of
   27  the laws of 2011, are amended to read as follows:
   28    1.  The  division  shall  establish  regulations  for the operation of
   29  secure [and non-secure] detention facilities pursuant  to  this  article
   30  and  section  two hundred eighteen-a of the county law.  DETENTION SHALL
   31  ONLY BE AVAILABLE AS A COURT MANDATED OPTION FOR YOUTH WHO ARE DEEMED TO
   32  BE A DANGER TO THEMSELVES OR OTHERS. IN THE ABSENCE OF  SUCH  A  FINDING
   33  THE  YOUTH  SHALL  BE PLACED WITH A COMMUNITY BASED VOLUNTARY AGENCY, OR
   34  ALLOWED TO REMAIN WITH THEIR PARENT OR GUARDIAN PROVIDED, THE  YOUTH  IS
   35  ADDITIONALLY ENROLLED IN COUNSELING OR UNDERGOING ADDICTION SERVICES AND
   36  AGREES TO WEAR AN ANKLE MONITORING DEVICE.
   37    2.  To  assure  that  adequate,  suitable  and conveniently accessible
   38  accommodations and proper care  will  be  available  when  required  for
   39  detention, the division may contract for or establish, operate, maintain
   40  and  certify secure [and non-secure] detention facilities if funds shall
   41  have been made available for the lease or purchase and  maintenance  and
   42  operation of appropriate facilities.
   43    3.  Each  social services district may establish, operate and maintain
   44  secure [and non-secure] detention facilities for the purposes defined in
   45  section five hundred two of this article. Each such  detention  facility
   46  shall  be  established,  operated and maintained in compliance with this
   47  article and the regulations of the division for youth.
   48    5. No detention facility shall receive or care for  children  detained
   49  pursuant  to [the family court act or] the criminal procedure law unless
   50  certified by the division, which certification shall include a  maximum-
   51  capacity  which  shall not be exceeded. No certification shall be issued
   52  or renewed unless such a facility has developed and implemented a proce-
   53  dure, consistent with appropriate collective bargaining  agreements  and
   54  applicable provisions of the civil service law, for reviewing and evalu-
       A. 5573                            12
    1  ating  the  backgrounds  of  and  the information supplied by any person
    2  applying to be an employee, volunteer or consultant, which shall include
    3  but not be limited to the following requirements: that the applicant set
    4  forth  his  or  her  employment history, provide personal and employment
    5  references and sign a sworn statement indicating whether the  applicant,
    6  to  the best of his or her knowledge, has ever been convicted of a crime
    7  in this state or any other jurisdiction.  CHILDREN DETAINED AS  JUVENILE
    8  OFFENDERS  SHALL BE PLACED AT FACILITIES DEEMED BY THE COUNTY OR CITY OF
    9  NEW YORK TO BE MOST APPROPRIATE TO ACCOMMODATE  THE  INDIVIDUAL  CHILD'S
   10  NEEDS,  SUCH  AS COMMUNITY BASED VOLUNTARY AGENCIES OR WHERE APPROPRIATE
   11  SECURE DETENTION FACILITIES. COMMUNITY BASED VOLUNTARY AGENCIES OFFERING
   12  PLACEMENT SERVICES MUST BE CERTIFIED  BY  THE  COUNTY  PURSUANT  TO  THE
   13  PROVISIONS OF THIS SECTION PRIOR TO ACCEPTING PLACEMENTS.
   14    (a) The division shall promulgate regulations governing procedures for
   15  certification  of  detention  facilities  AND  COMMUNITY BASED VOLUNTARY
   16  AGENCIES and for renewal, suspension  and  revocation  of  such  certif-
   17  ications.  Such  regulations  shall  provide  for a hearing prior to the
   18  suspension or revocation of a certification.
   19    (b) The office of children and family services OR THE COUNTY  OR  CITY
   20  OF  NEW  YORK may suspend a certification for good cause shown. [Suspen-
   21  sion shall mean that no persons coming within the provisions of  article
   22  three or seven of the family court act and no alleged or convicted juve-
   23  nile  offender  may  be  received  for care in a detention facility, but
   24  persons already in care may remain in care.] The office OR THE COUNTY OR
   25  CITY OF NEW YORK may impose such conditions in the event of a suspension
   26  as it shall deem necessary and proper.
   27    (c) Such office OR THE COUNTY OR CITY OF NEW YORK may revoke a certif-
   28  ication for good cause shown.   Revocation shall mean  that  no  persons
   29  [coming  within  the  provisions of article three or seven of the family
   30  court act and no alleged or convicted juvenile offender] may be received
   31  for care nor remain at the detention facility OR COMMUNITY BASED  VOLUN-
   32  TARY AGENCY.
   33    7.  The person in charge of each detention facility OR COMMUNITY BASED
   34  VOLUNTARY AGENCY shall keep a record of all time spent in such  facility
   35  for each youth in care. The detention facility shall deliver a certified
   36  transcript of such record to the office, social services district, COUN-
   37  TY  OR  CITY  OF  NEW  YORK  or other agency taking custody of the youth
   38  pursuant to article three or seven of the family court act,  before,  or
   39  at  the  same  time as the youth is delivered to the office, district or
   40  other agency, as is appropriate.
   41    8. The division AND COUNTY OR CITY OF NEW YORK shall list all  facili-
   42  ties  certified  for  the detention of children and shall file a copy of
   43  that list periodically with the clerk of the family court in each  coun-
   44  ty,  the  clerk of the criminal court of the city of New York, the clerk
   45  of the supreme court in each county within the city of New York and  the
   46  clerk of the county court in each county outside the city of New York.
   47    S 2.  Article 720 of the criminal procedure law is REPEALED.
   48    S 3. Subdivision 16 of section 296 of the executive law, as separately
   49  amended  by section 3 of part N and section 14 of part AAA of chapter 56
   50  of the laws of 2009, is amended to read as follows:
   51    16. It shall be an unlawful discriminatory  practice,  unless  specif-
   52  ically required or permitted by statute, for any person, agency, bureau,
   53  corporation or association, including the state and any political subdi-
   54  vision thereof, to make any inquiry about, whether in any form of appli-
   55  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
   56  involved, any arrest or criminal accusation of such individual not  then
       A. 5573                            13
    1  pending  against  that individual which was followed by a termination of
    2  that criminal action or proceeding  in  favor  of  such  individual,  as
    3  defined  in  subdivision two of section 160.50 of the criminal procedure
    4  law,  [or by a youthful offender adjudication, as defined in subdivision
    5  one of section 720.35 of the criminal procedure law,] or by a conviction
    6  for a violation sealed pursuant to section 160.55 of the criminal proce-
    7  dure law or by a conviction which is sealed pursuant to  section  160.58
    8  of the criminal procedure law, in connection with the licensing, employ-
    9  ment  or  providing of credit or insurance to such individual; provided,
   10  further, that  no  person  shall  be  required  to  divulge  information
   11  pertaining  to  any arrest or criminal accusation of such individual not
   12  then pending against that individual which was followed by a termination
   13  of that criminal action or proceeding in favor of  such  individual,  as
   14  defined  in  subdivision two of section 160.50 of the criminal procedure
   15  law, or by a youthful offender adjudication, as defined  in  subdivision
   16  one  of section 720.35 of the criminal procedure law, or by a conviction
   17  for a violation sealed pursuant to section 160.55 of the criminal proce-
   18  dure law, or by a conviction which is sealed pursuant to section  160.58
   19  of  the criminal procedure law. The provisions of this subdivision shall
   20  not apply to the licensing activities of governmental bodies in relation
   21  to the regulation of guns, firearms  and  other  deadly  weapons  or  in
   22  relation  to  an application for employment as a police officer or peace
   23  officer as those terms are  defined  in  subdivisions  thirty-three  and
   24  thirty-four  of  section  1.20  of the criminal procedure law; [provided
   25  further that the provisions of this subdivision shall not  apply  to  an
   26  application  for  employment or membership in any law enforcement agency
   27  with respect to any arrest or criminal accusation which was followed  by
   28  a  youthful  offender  adjudication,  as  defined  in subdivision one of
   29  section 720.35 of the criminal procedure law,] or by a conviction for  a
   30  violation  sealed  pursuant  to section 160.55 of the criminal procedure
   31  law, or by a conviction which is sealed pursuant to  section  160.58  of
   32  the criminal procedure law.
   33    S  4.  Subdivision  8 of section 508 of the executive law, as added by
   34  chapter 560 of the laws of 1984 and such section as renumbered by  chap-
   35  ter 465 of the laws of 1992, is amended to read as follows:
   36    8.  Whenever a juvenile offender [or a juvenile offender adjudicated a
   37  youthful offender] shall be delivered to the director of a division  for
   38  youth  facility pursuant to a commitment to the director of the division
   39  for youth, the officer so delivering such person shall deliver  to  such
   40  facility  director  a  certified  copy  of the sentence received by such
   41  officer from the clerk of the court by which such person shall have been
   42  sentenced, a copy of the report of the probation officer's investigation
   43  and report, any other pre-sentence memoranda filed  with  the  court,  a
   44  copy  of  the person's fingerprint records, a detailed summary of avail-
   45  able medical  records,  psychiatric  records  and  reports  relating  to
   46  assaults,  or  other  violent acts, attempts at suicide or escape by the
   47  person while in the custody of a local detention facility.
   48    S 5. Subdivisions 2 and 3 of  section  510-c  of  the  executive  law,
   49  subdivision 2 as amended by section 98 of subpart B of part C of chapter
   50  62  of  the  laws of 2011 and subdivision 3 as amended by chapter 465 of
   51  the laws of 1992, are amended to read as follows:
   52    2. Except as provided in subdivision three of this section, any  child
   53  who  has  been  placed  with  the office of children and family services
   54  shall be deemed to have been discharged therefrom if, during the  period
   55  provided  in  the  order of placement or extension thereof, the child is
   56  convicted of a crime  [or  adjudicated  a  youthful  offender,]  and  is
       A. 5573                            14
    1  committed  to an institution in the department of corrections and commu-
    2  nity supervision or department of mental hygiene, or receives a one year
    3  sentence in a local correctional facility.
    4    3.  A  child placed with the division pursuant to a restrictive place-
    5  ment under the family court act shall not be discharged solely by reason
    6  of conviction for a crime [or adjudication as a juvenile  delinquent  or
    7  youthful offender], nor shall any such child be discharged except pursu-
    8  ant to section 353.5 of the family court act.
    9    S  6. Subdivision 4 of section 837-a of the executive law, as added by
   10  chapter 481 of the laws of 1978, is amended to read as follows:
   11    4. Collect, analyze and maintain all  reports,  statements  and  tran-
   12  scripts  forwarded to the division concerning the reasons for imposition
   13  of a sentence other than an indeterminate sentence of imprisonment  upon
   14  an  armed felony offender as defined in subdivision forty-one of section
   15  1.20 of the criminal procedure law; the reasons for the  removal  of  an
   16  action  involving  a juvenile offender, as defined in subdivision forty-
   17  two of section 1.20 of the criminal procedure law,  AND  to  the  family
   18  court[;  and  the  reasons  for  a  finding  that  a  youth who has been
   19  convicted of an armed felony offense is to  be  treated  as  a  youthful
   20  offender]. Such reports, statements and transcripts shall be made avail-
   21  able  for public inspection except that in the case of a juvenile offen-
   22  der [or a youthful offender], those portions which identify the offender
   23  shall be deleted.  The commissioner may promulgate such rules and  regu-
   24  lations  with  respect to the form of such reports, statements and tran-
   25  scripts.
   26    S 7. Subparagraph 1 of paragraph (d) of subdivision 7 of section  49-a
   27  of the navigation law, as amended by chapter 391 of the laws of 1998, is
   28  amended to read as follows:
   29    (1)  Any privilege to operate a vessel which has been suspended pursu-
   30  ant to paragraph (c) of this subdivision shall not be restored  for  six
   31  months  after  such  suspension.  However,  no  such  privilege shall be
   32  restored for at least one year after such suspension in any  case  where
   33  the  person  was under the age of twenty-one at the time of the offense,
   34  has had a prior suspension resulting from refusal to submit to a  chemi-
   35  cal  test  pursuant  to  this  subdivision or subdivision six of section
   36  forty-nine-b of this article, or has been convicted of  a  violation  of
   37  any  paragraph of subdivision two of this section not arising out of the
   38  same incident, within the five years immediately preceding the  date  of
   39  such  suspension; provided, however, a prior finding that a person under
   40  the age of twenty-one has refused to submit to a chemical test  pursuant
   41  to  such  subdivision  six of section forty-nine-b of this article shall
   42  have the same effect as a prior finding of a refusal  pursuant  to  this
   43  subdivision  solely  for  the  purpose  of determining the length of any
   44  suspension required to be imposed under any provision of  this  article,
   45  provided that the subsequent offense or refusal is committed or occurred
   46  prior  to  the expiration of the retention period for such prior refusal
   47  as set forth in paragraph (k) of subdivision one of section two  hundred
   48  one  of  the  vehicle  and traffic law. Notwithstanding any provision of
   49  this paragraph to the contrary, any privilege to operate a vessel  which
   50  has  been suspended pursuant to paragraph (c) of this subdivision, where
   51  the person was under the age of twenty-one at the time of  the  refusal,
   52  and  such  person  under the age of twenty-one has a prior finding[,] OR
   53  conviction  [or  youthful  offender  adjudication]  resulting   from   a
   54  violation  of  this section or section forty-nine-b of this article, not
   55  arising from the same incident, shall not be restored for at  least  one
       A. 5573                            15
    1  year or until such person reaches the age of twenty-one years, whichever
    2  is the greater period of time.
    3    S 8. Paragraph (d) of subdivision 6 and paragraph (b) of subdivision 9
    4  of  section  49-b  of the navigation law, as added by chapter 391 of the
    5  laws of 1998, are amended to read as follows:
    6    (d) Any privilege which has been suspended pursuant to  paragraph  (c)
    7  of  this  subdivision  shall  not  be  restored  for one year after such
    8  suspension. Where such person under the age of twenty-one  years  has  a
    9  prior  finding, conviction [or youthful offender adjudication] resulting
   10  from a violation of this section or section forty-nine-a of  this  arti-
   11  cle,  not  arising  from  the same incident, such privilege shall not be
   12  restored for at least one year or until such person reaches the  age  of
   13  twenty-one years, whichever is the greater period of time.
   14    (b)  The  suspension of operating privileges pursuant to this subdivi-
   15  sion shall be for one year or until such person reaches the age of twen-
   16  ty-one, whichever is the greater period of time, where such  person  has
   17  been  found  to  have operated a vessel after having consumed alcohol in
   18  violation of this section, and has previously been found to  have  oper-
   19  ated a vessel after having consumed alcohol in violation of this section
   20  or has previously been convicted of, [or adjudicated a youthful offender
   21  for]  any  violation of section forty-nine-a of this article not arising
   22  out of the same incident.
   23    S 9. Subdivision 7 of section 201 of the vehicle and  traffic  law  is
   24  REPEALED.
   25    S 10. Section 60.02 of the penal law is REPEALED.
   26    S 11. Section 60.10 of the penal law, as amended by chapter 411 of the
   27  laws of 1979, is amended to read as follows:
   28  S 60.10 Authorized disposition; juvenile offender.
   29    1.  When  a juvenile offender is convicted of a crime, the court shall
   30  sentence the defendant to imprisonment in accordance with section  70.05
   31  [or  sentence  him  upon  a youthful offender finding in accordance with
   32  section 60.02] of this chapter.
   33    2. Subdivision one of this section shall apply when sentencing a juve-
   34  nile offender notwithstanding the provisions of any other law that deals
   35  with the authorized sentence for persons who are not juvenile offenders.
   36  Provided, however, that the limitation prescribed by this section  shall
   37  not  be  deemed  or  construed  to bar use of a conviction of a juvenile
   38  offender, [other than a juvenile offender who  has  been  adjudicated  a
   39  youthful  offender  pursuant to section 720.20 of the criminal procedure
   40  law,] as a previous or predicate felony offender  under  section  70.04,
   41  70.06,  70.08  or  70.10,  when sentencing a person who commits a felony
   42  [after he has reached the age of sixteen].
   43    S 12. Subdivision 10 of section 60.35 of the penal law is REPEALED.
   44    S 13. Paragraph (h) of subdivision 2 of section  65.10  of  the  penal
   45  law,  as  amended by chapter 508 of the laws of 2001, is amended to read
   46  as follows:
   47    (h) Perform services for a public or not-for-profit corporation, asso-
   48  ciation, institution or agency, including but not  limited  to  services
   49  for the division of substance abuse services, services in an appropriate
   50  community program for removal of graffiti from public or private proper-
   51  ty,  including  any  property  damaged  in  the  underlying  offense, or
   52  services for the maintenance and repair of  real  or  personal  property
   53  maintained  as  a  cemetery  plot, grave, burial place or other place of
   54  interment of human remains. Provided however, that  the  performance  of
   55  any such services shall not result in the displacement of employed work-
   56  ers  or  in the impairment of existing contracts for services, nor shall
       A. 5573                            16
    1  the performance of any such services be required  or  permitted  in  any
    2  establishment  involved  in  any labor strike or lockout.  The court may
    3  establish  provisions  for  the  early  termination  of  a  sentence  of
    4  probation  or conditional discharge pursuant to the provisions of subdi-
    5  vision three of section 410.90 of the criminal procedure law after  such
    6  services  have  been  completed.  Such sentence may only be imposed upon
    7  conviction of a misdemeanor, violation, or class D or  class  E  felony,
    8  [or  a  youthful  offender finding replacing any such conviction,] where
    9  the defendant has  consented  to  the  amount  and  conditions  of  such
   10  service;
   11    S  14. Paragraphs (a) and (b) of subdivision 4 of section 70.20 of the
   12  penal law, as amended by section 124 of subpart B of part C  of  chapter
   13  62 of the laws of 2011, are amended to read as follows:
   14    (a)  Notwithstanding  any  other  provision  of law to the contrary, a
   15  juvenile offender[, or a juvenile offender who is adjudicated a youthful
   16  offender and] given an indeterminate or a definite  sentence,  shall  be
   17  committed  to  the custody of the commissioner of the office of children
   18  and family services who shall arrange for the confinement of such offen-
   19  der in secure facilities of the office. The release or transfer of  such
   20  offenders  from  the  office  of  children  and family services shall be
   21  governed by section five hundred eight of the executive law.
   22    (b) The court in committing a juvenile offender [and  youthful  offen-
   23  der]  to the custody of the office of children and family services shall
   24  inquire as to whether the parents or legal guardian  of  the  youth,  if
   25  present,  will consent for the office of children and family services to
   26  provide routine medical, dental and mental health  services  and  treat-
   27  ment.
   28    S  15. Subdivision 1 of section 205.00 of the penal law, as amended by
   29  chapter 207 of the laws of 1972, is amended to read as follows:
   30    1. "Detention Facility" means any  place  used  for  the  confinement,
   31  pursuant  to  an  order  of  a  court,  of  a person (a) charged with or
   32  convicted of an offense, or (b) charged  with  being  or  adjudicated  a
   33  [youthful  offender,]  person  in need of supervision or juvenile delin-
   34  quent, or (c) held for extradition or as  a  material  witness,  or  (d)
   35  otherwise confined pursuant to an order of a court.
   36    S 16. Subdivision 3 of section 205.10 of the penal law is REPEALED.
   37    S 17. Subdivision 3 of section 205.15 of the penal law is REPEALED.
   38    S  18. Subdivision 1 of section 402 of the correction law, as added by
   39  chapter 766 of the laws of 1976, is amended to read as follows:
   40    1. Whenever the physician of any  correctional  facility,  any  county
   41  penitentiary, county jail or workhouse, any reformatory for women, or of
   42  any  other  correctional  institution,  shall  report  in writing to the
   43  superintendent that any person undergoing a sentence of imprisonment [or
   44  adjudicated to be a youthful offender] or juvenile  delinquent  confined
   45  therein  is,  in  his  opinion,  mentally ill, such superintendent shall
   46  apply to a judge of the county court or justice of the supreme court  in
   47  the  county  to  cause  an  examination to be made of such person by two
   48  examining physicians. Such physicians shall be designated by  the  judge
   49  to  whom  the  application  is  made. Each such physician, if satisfied,
   50  after a personal examination, that such inmate is mentally  ill  and  in
   51  need  of  care  and  treatment, shall make a certificate to such effect.
   52  Before making such certificate, however, he shall  consider  alternative
   53  forms of care and treatment available during confinement in such correc-
   54  tional  facility, penitentiary, jail, reformatory or correctional insti-
   55  tution that might be adequate to provide for such inmate's needs without
   56  requiring hospitalization. If the examining  physician  knows  that  the
       A. 5573                            17
    1  person he is examining has been under prior treatment, he shall, insofar
    2  as  possible, consult with the physician or psychologist furnishing such
    3  prior treatment prior to making his certificate.
    4    S  19.  Subdivision 1 of section 160.30 of the criminal procedure law,
    5  as amended by chapter 920 of the laws of 1982, is  amended  to  read  as
    6  follows:
    7    1.  Upon receiving fingerprints from a police officer or agency pursu-
    8  ant  to section 160.20 of this chapter, the division of criminal justice
    9  services must, except as provided in subdivision two  of  this  section,
   10  classify them and search its records for information concerning a previ-
   11  ous  record  of  the defendant, including any adjudication as a juvenile
   12  delinquent pursuant to article three of the family court act, [or  as  a
   13  youthful offender pursuant to article seven hundred twenty of this chap-
   14  ter,]  and promptly transmit to such forwarding police officer or agency
   15  a report containing all information on file with respect to such defend-
   16  ant's previous record, if any, or stating  that  the  defendant  has  no
   17  previous  record  according  to its files.  Such a report, if certified,
   18  constitutes presumptive evidence of the facts so certified.
   19    S 20. Subdivision 1 of section 170.56 of the criminal  procedure  law,
   20  as  amended  by  chapter  360 of the laws of 1977, is amended to read as
   21  follows:
   22    1.  Upon or after arraignment in a local criminal court upon an infor-
   23  mation, a prosecutor's information or a misdemeanor complaint, where the
   24  sole remaining count or counts  charge  a  violation  or  violations  of
   25  section  221.05,  221.10,  221.15, 221.35 or 221.40 of the penal law and
   26  before the entry of a plea of guilty thereto or commencement of  a trial
   27  thereof, the court, upon motion of  a  defendant,  may  order  that  all
   28  proceedings  be  suspended  and the action adjourned in contemplation of
   29  dismissal, or upon a finding that adjournment would not be necessary  or
   30  appropriate  and the setting forth in the record of the reasons for such
   31  findings, may dismiss in furtherance of justice the  accusatory  instru-
   32  ment;  provided,  however, that the court may not order such adjournment
   33  in contemplation of dismissal or dismiss the accusatory  instrument  if:
   34  (a)  the  defendant  has  previously  been  granted  such adjournment in
   35  contemplation of dismissal, or (b) the  defendant  has  previously  been
   36  granted  a dismissal under this section, or (c) the defendant has previ-
   37  ously been convicted of any offense involving controlled substances,  or
   38  (d)  the  defendant  has  previously  been  convicted of a crime and the
   39  district attorney does not consent [or (e) the defendant has  previously
   40  been  adjudicated  a  youthful  offender on the basis of any act or acts
   41  involving controlled substances  and  the  district  attorney  does  not
   42  consent].
   43    S  21.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
   44  216.05 of the criminal procedure law is REPEALED.
   45    S 22. Subparagraph (i) of paragraph (b) of subdivision  3  of  section
   46  220.30  of  the criminal procedure law, as amended by chapter 410 of the
   47  laws of 1979, is amended to read as follows:
   48    (i) A plea of guilty, whether to the entire indictment or to  part  of
   49  the  indictment  for  any  crime other than a class A felony, may not be
   50  accepted on the condition that it constitutes a complete disposition  of
   51  one or more other indictments against the defendant wherein is charged a
   52  class  A-I  felony as defined in article two hundred twenty of the penal
   53  law or the attempt to commit any such class A-I felony[, except that  an
   54  eligible  youth,  as  defined  in subdivision two of section 720.10, may
   55  plea to a class B felony, upon consent of  the  district  attorney,  for
   56  purposes of adjudication as a youthful offender].
       A. 5573                            18
    1    S 23. Subdivision 7 of section 340.40 of the criminal procedure law is
    2  REPEALED.
    3    S 24. Paragraph (b) of subdivision 1 of section 390.15 of the criminal
    4  procedure law, as amended by chapter 264 of the laws of 2003, is amended
    5  to read as follows:
    6    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
    7  "conviction" and "sentence" mean and include, respectively, [an  "eligi-
    8  ble  youth,"  a  "youthful  offender  finding"  and a "youthful offender
    9  sentence" as those terms are defined in section 720.10 of this chapter].
   10  The term "victim" means the person with whom the defendant engaged in an
   11  act of "sexual intercourse",  "oral  sexual  conduct"  or  "anal  sexual
   12  conduct", as those terms are defined in section 130.00 of the penal law,
   13  where  such  conduct  with such victim was the basis for the defendant's
   14  conviction of an offense specified in paragraph (a) of this subdivision.
   15    S 25. Subparagraph (v) of paragraph (a) of subdivision  2  of  section
   16  510.30  of  the criminal procedure law, as amended by chapter 920 of the
   17  laws of 1982, is amended to read as follows:
   18    (v)  His record of previous adjudication as a juvenile delinquent,  as
   19  retained pursuant to section 354.2 of the family court act, or, of pend-
   20  ing  cases  where fingerprints are retained pursuant to section 306.1 of
   21  such act[, or a youthful offender, if any]; and
   22    S 26. The opening paragraph of subdivision 5 of section 530.12 of  the
   23  criminal procedure law, as amended by section 1 of chapter 9 of the laws
   24  of 2011, is amended to read as follows:
   25    Upon  sentencing  on  a  conviction for any crime or violation between
   26  spouses, between a parent and child, or  between  members  of  the  same
   27  family  or  household as defined in subdivision one of section 530.11 of
   28  this article, the court  may  in  addition  to  any  other  disposition,
   29  including  a  conditional discharge [or youthful offender adjudication,]
   30  enter an order of protection. Where a temporary order of protection  was
   31  issued,  the  court shall state on the record the reasons for issuing or
   32  not issuing an order of protection. The duration of such an order  shall
   33  be fixed by the court and: (A) in the case of a felony conviction, shall
   34  not  exceed  the  greater  of:  (i)  eight  years  from the date of such
   35  sentencing, or (ii) eight years from the date of the expiration  of  the
   36  maximum  term  of an indeterminate or the term of a determinate sentence
   37  of imprisonment actually imposed; or (B) in the case of a conviction for
   38  a class A misdemeanor, shall not exceed the greater of: (i)  five  years
   39  from  the  date  of such sentencing, or (ii) five years from the date of
   40  the expiration of the maximum term of a definite  or  intermittent  term
   41  actually  imposed;  or  (C)  in  the  case of a conviction for any other
   42  offense, shall not exceed the greater of: (i) two years from the date of
   43  sentencing, or (ii) two years from the date of  the  expiration  of  the
   44  maximum  term  of a definite or intermittent term actually imposed. [For
   45  purposes of determining the duration of an order of  protection  entered
   46  pursuant  to this subdivision, a conviction shall be deemed to include a
   47  conviction that has been replaced by a youthful offender  adjudication.]
   48  In  addition  to  any  other  conditions,  such an order may require the
   49  defendant:
   50    S 27. The opening paragraph of subdivision 5 of section 530.12 of  the
   51  criminal procedure law, as amended by section 2 of chapter 9 of the laws
   52  of 2011, is amended to read as follows:
   53    Upon  sentencing  on  a  conviction for any crime or violation between
   54  spouses, between a parent and child, or  between  members  of  the  same
   55  family  or  household as defined in subdivision one of section 530.11 of
   56  this article, the court  may  in  addition  to  any  other  disposition,
       A. 5573                            19
    1  [including  a  conditional discharge or youthful offender adjudication,]
    2  enter an order of protection. Where a temporary order of protection  was
    3  issued,  the  court shall state on the record the reasons for issuing or
    4  not  issuing an order of protection. The duration of such an order shall
    5  be fixed by the court and, in the case of a felony conviction, shall not
    6  exceed the greater of: (i) five years from the date of such  sentencing,
    7  or  (ii) three years from the date of the expiration of the maximum term
    8  of an indeterminate sentence of imprisonment actually imposed; or in the
    9  case of a conviction for a class A misdemeanor, shall not  exceed  three
   10  years  from  the date of such sentencing; or in the case of a conviction
   11  for any other offense, shall not  exceed  one  year  from  the  date  of
   12  sentencing.  [For  purposes  of  determining the duration of an order of
   13  protection entered pursuant to this subdivision, a conviction  shall  be
   14  deemed  to  include  a  conviction  that has been replaced by a youthful
   15  offender adjudication.] In addition to any  other  conditions,  such  an
   16  order may require the defendant:
   17    S  28. The opening paragraph of subdivision 4 of section 530.13 of the
   18  criminal procedure law, as amended by section 3 of chapter 9 of the laws
   19  of 2011, is amended to read as follows:
   20    Upon sentencing on a conviction for any offense, where the  court  has
   21  not  issued  an  order  of protection pursuant to section 530.12 of this
   22  article, the court may, in addition to any other disposition, [including
   23  a conditional discharge or youthful  offender  adjudication,]  enter  an
   24  order  of  protection. Where a temporary order of protection was issued,
   25  the court shall state on the record the reasons for issuing or not issu-
   26  ing an order of protection. The duration of such an order shall be fixed
   27  by the court and; (A) in the case of  a  felony  conviction,  shall  not
   28  exceed the greater of: (i) eight years from the date of such sentencing,
   29  or  (ii) eight years from the date of the expiration of the maximum term
   30  of an indeterminate or the term of a determinate sentence  of  imprison-
   31  ment  actually imposed; or (B) in the case of a conviction for a class A
   32  misdemeanor, shall not exceed the greater of: (i) five  years  from  the
   33  date of such sentencing, or (ii) five years from the date of the expira-
   34  tion  of  the  maximum  term of a definite or intermittent term actually
   35  imposed; or (C) in the case of a conviction for any other offense, shall
   36  not exceed the greater of: (i) two years from the date of sentencing, or
   37  (ii) two years from the date of the expiration of the maximum term of  a
   38  definite  or intermittent term actually imposed. [For purposes of deter-
   39  mining the duration of an order of protection entered pursuant  to  this
   40  subdivision,  a  conviction shall be deemed to include a conviction that
   41  has been replaced by a youthful offender adjudication.] In  addition  to
   42  any other conditions such an order may require that the defendant:
   43    S  29. The opening paragraph of subdivision 4 of section 530.13 of the
   44  criminal procedure law, as amended by section 4 of chapter 9 of the laws
   45  of 2011, is amended to read as follows:
   46    Upon sentencing on a conviction for any offense, where the  court  has
   47  not  issued  an  order  of protection pursuant to section 530.12 of this
   48  article, the court may, in addition to any other disposition, [including
   49  a conditional discharge or youthful  offender  adjudication,]  enter  an
   50  order  of  protection. Where a temporary order of protection was issued,
   51  the court shall state on the record the reasons for issuing or not issu-
   52  ing an order of protection. The duration of such an order shall be fixed
   53  by the court and, in the case of a felony conviction, shall  not  exceed
   54  the greater of: (i) five years from the date of such sentencing, or (ii)
   55  three  years  from  the date of the expiration of the maximum term of an
   56  indeterminate sentence of imprisonment actually imposed; or in the  case
       A. 5573                            20
    1  of  a conviction for a class A misdemeanor, shall not exceed three years
    2  from the date of such sentencing; or in the case of a conviction for any
    3  other offense, shall not exceed one year from the  date  of  sentencing.
    4  [For  purposes  of  determining  the  duration of an order of protection
    5  entered pursuant to this subdivision, a conviction shall  be  deemed  to
    6  include a conviction that has been replaced by a youthful offender adju-
    7  dication.] In addition to any other conditions such an order may require
    8  that the defendant:
    9    S 30. This act shall take effect immediately, provided that the amend-
   10  ments to the opening paragraph of subdivision 5 of section 530.12 of the
   11  criminal  procedure  law made by section twenty-six of this act shall be
   12  subject to the expiration and reversion of such  paragraph  pursuant  to
   13  subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
   14  amended, when upon such date the provisions of section  twenty-seven  of
   15  this  act  shall  take effect; provided further, that, the amendments to
   16  the opening paragraph of subdivision 4 of section 530.13 of the criminal
   17  procedure law made by section twenty-eight of this act shall be  subject
   18  to  the  expiration and reversion of such paragraph pursuant to subdivi-
   19  sion d of section 74 of chapter 3 of the laws of 1995, as amended,  when
   20  upon  such  date the provisions of section twenty-nine of this act shall
   21  take effect.
   22                                   PART I
   23    Section 1. Section 1323 of the retirement and social security law,  as
   24  added by chapter 18 of the laws of 2012, is amended to read as follows:
   25    S  1323. Additional member contributions. A. Upon election by the city
   26  of New York, the  retirement  system  shall  require  additional  member
   27  contributions  to  be  paid  by  all  eligible employees. The additional
   28  member contributions to be paid by eligible  employees  shall  be  of  a
   29  level  so  that no additional contributions shall be paid by the city of
   30  New York to cover the  cost  of  such  additional  benefits.  Additional
   31  member  contributions made pursuant to this section shall be in addition
   32  to member contributions paid pursuant to other provisions of this  chap-
   33  ter.  B. ANY MEMBER WHO BECAME A MEMBER ON OR AFTER JULY TWENTY-SEVENTH,
   34  NINETEEN HUNDRED SEVENTY-SIX, MAY ELECT TO MAKE ADDITIONAL CONTRIBUTIONS
   35  OVER THE THREE PERCENT REQUIREMENT.
   36    S  2. Section 100 of the retirement and social security law is amended
   37  to read as follows:
   38    S 100. Payment of retirement allowances.    A.  Retirement  allowances
   39  shall  be  payable on the first day of each and every month beginning on
   40  the first day of the month following the effective date  of  retirement.
   41  Upon  the  death  of a retired member, however, the retirement allowance
   42  due for that part of the month prior to his death shall be  paid  forth-
   43  with.  B. RETIREMENT ALLOWANCES SHALL ONLY BE BASED UPON THE SALARY OF A
   44  MEMBER.  MEMBERS  WHO  ARE  ALLOWED  TO  WORK OVERTIME HOURS WILL NOT BE
   45  ELIGIBLE TO APPLY ANY OF THE OVERTIME HOURS WORKED TOWARDS THEIR RETIRE-
   46  MENT.
   47    S 3. This act shall take effect immediately.
   48    S 3. Severability clause.  If any clause, sentence, paragraph,  subdi-
   49  vision,  section  or  part of this act shall be adjudged by any court of
   50  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   51  impair,  or  invalidate  the remainder thereof, but shall be confined in
   52  its operation to the clause, sentence, paragraph,  subdivision,  section
   53  or part thereof directly involved in the controversy in which such judg-
   54  ment shall have been rendered. It is hereby declared to be the intent of
       A. 5573                            21
    1  the  legislature  that  this  act  would  have been enacted even if such
    2  invalid provisions had not been included herein.
    3    S  4.  This  act shall take effect immediately provided, however, that
    4  the applicable effective dates of Parts A through I of this act shall be
    5  as specifically set forth in the last section of such Parts.