2012 Conference Executive Record Report.pdf - YMCA of Greater ...

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STATE OF NEW YORK
YMCA YOUTH AND GOVERNMENT
BILL NUMBER S-11
INTRODUCED BY: Bree Dexter, Helen Dillingham, Ashley Moss, Gail Van Valkenburg
AN ACT
TO: Amend § 134 of article 4 of New York State Labor Law
The People of the State of New York, represented in the
Senate and Assembly, do enact as follows:
Purpose
The purpose of this bill is to extend the hours of work available for minors sixteen and seventeen years of age
beyond the set maximum in § 134 of article 4 of New York State Labor Law in order to allow them to further
support their families financially.
Summary of Provisions
Section 1
Hours of work for minors sixteen and seventeen years of age. 1. When school is in session, no minor sixteen or
seventeen years of age enrolled in a daytime school, other than a part-time or continuation school, shall be
employed: a. (i) More than four hours on any day preceding a school day, other than on a Sunday or holiday; (ii)
except that students enrolled in a cooperative work experience program approved by the department of education
may be employed for no more than six hours on any day preceding a school day, other than on a Sunday or
holiday, if such hours of employment occur solely pursuant to such program. Any hours worked by students in
such programs shall be included when calculating the number of hours worked for purposes of subparagraph (i)
of this paragraph;
b. More than eight hours on a Friday, Saturday, Sunday or holiday;
c. More than twenty-eight thirty-five hours a week.
d. More than six days a week;
e. After ten o'clock at night on any day preceding a school day, or after midnight on any day preceding a school
day provided the employer receives and maintains both the written consent of the minor's parent or guardian and
a certificate which shall be provided to the employer at the end of each marking period by the minor's school
which shall assert that such minor is in satisfactory academic standing according to the standards in such school
district;
f. After ten o’clock at night on any day preceding a non-school day or, if the employer receives and maintains
the written consent of the minor's parent or guardian, after midnight; or
g. Before six o'clock in the morning.
Section 2
When school is not in session, no minor sixteen or seventeen years of age shall be employed:
a. More than eight nine hours a day, except that for the purpose of making one or more shorter work days or a
holiday in a week, such persons may be employed up to ten hours on any one day of the week, and nine hours on
any of four other days, but not in excess of forty-eight fifty-four hours in any such week;
b. More than forty-eight fifty-four hours a week.
c. More than six days a week; or
d. After twelve midnight or before six o'clock in the morning.
Justification
This bill gives teens more opportunities to earn money during a time of economic turmoil. The amount of
families that rely on teens’ income is increasing, and it is time that these teens are given more of a chance to
assist their families. This bill only benefits families and minors that wish to work more.
Fiscal Implications
There are no fiscal implications.
Effective Date
If passed, this bill shall go into effect as of January 1, 2013.
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STATE OF NEW YORK
YMCA YOUTH AND GOVERNMENT
BILL NUMBER S - 12
Introduced By: Maria Henry, Ani Marellapudi, Andrew Quigley, Cassius Wilkinson
AN ACT
TO: This bill will address flaws in the current system of criminal probation.
The People of the State of New York, represented in the
Senate and Assembly, do enact as follows:
Purpose
The institution of an intensively supervised probation system, similar to Hawaii’s HOPE (Hawaii's Opportunity
Probation with Enforcement) program, will minimize the amount of repeat offenders (of drug related crimes) within our State’s
criminal justice system. A combination of swift and consistent punishment for the violation of probation, coupled with the full
cooperation of probation officers, prosecutors, defense lawyers, and New York State police forces, we can effectively induce the
behavioral change that will allow probationers to return to their rightful place in society.
Summary of Provisions
Probationers in HOPE Probation receive swift, predictable, and immediate sanctions – typically resulting in several days
in jail – for each detected violation, such as detected drug use or missed appointments with a probation officer. In HOPE
Probation, defendants are clearly warned that if they violate the rules, they go to jail. Defendants are required to call a hotline each
weekday morning to find out if they must take a drug test that day. Random drug testing occurs at least once a week for the first
two months. If probationers test positive, they are arrested immediately. If they fail to appear for the test or violate other terms of
probation, warrants for their arrest are issued immediately. Once they are apprehended, a probation modification hearing is held
two days later, and violators are typically sentenced to a short jail term. The jail time may increase for subsequent violations and
repeat offenders are often ordered into residential treatment.
Amendments will be made to New York State Penal Law Article 65.00 and 65.10 concerning the repeated probation of
drug users. Such criminals would be given a regimen of HOPE probation.
Justification
In New York State, we see the same fundamental problems in probation enforcement that once plagued the Hawaii Justice
System. Offenders, convicted of drug related crimes, are placed in a probation system that is too lenient and too negligent of their
problems. Probation officers frequently allow offenders to have multiple violations of their parole without consequence. Then,
after an arbitrarily chosen number of violations, offenders’ probation is revoked and they serve the rest of their sentences in jail.
Our current system is flawed on a psychological level as it offers offenders no incentive to change their behavior. They are allowed
to violate the terms of their parole until their probation is suddenly and arbitrarily revoked. The policy of fast and consistent
punishment will create the deterrence that offenders currently lack. New York State will see that the threat of punishment, when
upheld by the entire criminal justice system, will be enough alone to deter the violation of probation.
Justification of this reform is warranted by the ineffectiveness of the current New York State probation. In 2010, there
were 113,858 people arrested for drug offenses and among those, 61.8% of the arrestees had prior offenses. Being on the HOPE
program reduces an offender’s chance of facing sanction by one half, and of going to prison by two-thirds. Furthermore, it reduces
the chance of being arrested for a new crime by over fifty percent. Institution of the HOPE program will not only shrink the drug
market, but will save lives, as the vast majority of offenders are deterred from using drugs, and the small percentage that continue
to do will receive rehabilitative treatment on a more personal and effective level.
Fiscal Implications
The establishment of this parole reform would hold strong economic incentives for the state, in its current fiscal
condition. The cost per offender in the system is an additional $1400 per year (inclusive of the mandatory rehabilitation programs
for offenders who continue to fail tests), and saves $7000 per year. An average of $30,00 of public tax money is required to
imprison a convict for one year. This probation system would help reduce the necessities from taxpayer funds, as it would create
an environment in which a lower proportion of those on probation return to prison. With these results, taxes can either be
decreased, or can instead be invested in state institutions with more productive returns (i.e. education).
Effective Date
If passed, this bill’s legislation would go into effect beginning on June 1, 2012.
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