Requires principals convicted of certain animal cruelty offenses undergo a presentencing forensic psychological evaluation and a report be submitted to the court based on such evaluation and to attend counseling, humane education, a rehabilitation program, or other such treatment based on such report.
Impact
The enactment of S08030 will influence the current criminal procedure law, penal law, and family court act in New York. It will establish a framework requiring courts to actively engage with mental health professionals when dealing with animal cruelty cases. This is expected to ensure that the legal system is not solely punitive but also rehabilitative, focusing on understanding and mitigating the underlying issues that contribute to animal cruelty, thereby aiming to enhance community safety and animal welfare.
Summary
Bill S08030 requires individuals convicted of certain animal cruelty offenses to undergo a presentencing forensic psychological evaluation. The court will mandate that a licensed mental health professional assess the defendant to identify causal factors underlying the crime, assess the risk of recidivism, and provide recommendations for sentencing, which may include counseling or rehabilitation programs. This legislation seeks to address not only the acts of cruelty but also the psychological aspects of those who commit such offenses, aiming to reduce future incidents through treatment.
Contention
Notably, the bill may face contention due to the implications it has for how the state views criminal responsibility and rehabilitation. Critics might argue that mandating psychological evaluations could be seen as coddling offenders rather than holding them fully accountable for their actions. Furthermore, the allocation of resources for these evaluations and treatment programs, especially the financial responsibility of the defendants or the state, could garner debate among legislators and stakeholders.
Requires unsealing of court records of youthful offenders convicted of animal abuse offense; provides that such persons undergo a psychiatric evaluation and treatment where necessary.
Requires the court to require a mental health evaluation when a person is convicted of certain crimes pertaining to animal fighting and aggravated cruelty to animals; requires the convicted person to assume the costs of any evaluation and continued therapy; makes related provisions.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals; requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.
Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals; requires a psychiatric evaluation for defendants convicted of aggravated cruelty to animals.
Requires animal shelters to annually report on intake and disposition of animals and the number of animals turned away by such shelters; requires shelters to submit such reports to the department of agriculture and markets; requires such department to post the reports on their website.
Relates to annual teacher and principal evaluations; provides that no school district shall be eligible for an apportionment of general support for public schools appropriated in excess of the amount apportioned such school district unless it has either adopted a plan for the annual professional performance review of its classroom teachers and building principals or has submitted documentation demonstrating that it has fully implemented the standards and procedures for conducting annual teacher and principal evaluations.