COMMITTEE ON LEGISLATION
MINUTES: January 23, 2006
LEGISLATION MEMBERS: Chair: Young; Legislators: Rogowsky, Bronz, Stewart-Cousins, Myers, Oros, Burrows, Abinanti
IN ATTENDANCE: CEO: B. Randolph, K. Ryan; CA: E. Cipollo, B. McGrath; DSS: N. Travers; DOC/DOP: R. Pozzi; DOP: J. Levin; BOL: S. Bass, B. Bochow; GUESTS: J. Whelan
With a quorum present, the Committee on Legislation was called to order at 1:40 p.m.
MINUTES
(Rogowsky, Burrows) move to approve the minutes of November 14, 2005. Motion passed 6-0 (Oros, Rogowsky) move to approve the minutes of January 19, 2006 and Motion passed 6-0.
STATE LEGISLATIVE PACKAGE
The Committee continued conversation about the items submitted by the County Executive for the Joint State Legislative Package. Brendan McGrath and Kevin Ryan answered legislator’s questions to some of the issues.
There was discussion about increasing penalties for the crimes of sexual performance by a child and whether this law speaks to the prosecution of people who use young children as prostitutes. Legislator Stewart-Cousins asked that somebody check what the law is and if it is not mentioned that we should consider offering an amendment.
There was discussion about legislation requiring nationwide criminal history checks of foster and adoptive families. There were questions about what a “hit” is and the impact of when a “hit” is found. Can it prevent an adoption going forward? A “hit” is any criminal violation but DSS has the ability to look at different aspects. The age of when the crime was committed, how long ago it occurred, or whether it impacted children. Based upon these factors DSS has the ability to not let an adoption go forward.
There was conversation about legislation to criminalize tampering with electronic monitoring equipment. Legislators asked if there had been any incidences of any tampering. Commissioner Pozzi responded by talking about the need to recoup the funds for the damaged equipment. He feels this law will send a clear message that if you tamper with equipment you will be charged. Not only will an individual be fined but will be charged with a new criminal offence and if somebody damages it they will pay for it.
There were questions asked about legislation of registration by juvenile delinquents, juvenile offenders, and youthful offenders. How will this bill give a young person a second chance? This item only keeps a minor registered for five years and would only be accessed by law enforcement.
The breakdown of crimes which are allotted to level 1, level 2, level 3 sex offenders vary. There are many mitigating circumstances which could determine the level. There is leeway given to classify the offenders. It is based mostly on the severity of the act and how much of a risk an individual is to the community.
Legislator Myers asked that the items referring to the registration of sex offenders be clarified so it is clearly stated who will be penalized.
Commissioner Pozzi discussed with the committee establishing regional centers to house state parole violators and authorizing counties to charge probation fees.
The Committee decided to meet again to continue the discussion of the State Legislative Package on Thursday, January 26, at
10 A.M. and Thursday, February 2, at 10 A.M.
(Burrows, Stewart-Cousins) move to adjourn The Committee on Legislation. Motion passed 6-0. The Committee on Legislation adjourned at 2:38 p.m.
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