« AnteriorContinuar »
of such facilities, and the need for provision of such facilities to the county executive, if there be one, the county legislature and the family court judges of the county in which such facilities are located, and the office of court administration. The department of social services shall cooperate with the division for youth to make arrangements for joint visitation and inspection of foster care
programs certified by the department of social services and serving youth detained, in cities having a population of one million or more, pursuant to article seven of the family court act.
 5. No detention facility shall receive or care for children detained pursuant to the family court act or the criminal procedure law unless certified by the [state] division [for youth],, which certification shall include a maximum-capacity which shall not be exceeded. No certification shall be issued or renewed unless such a facility has developed and implemented a procedure, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, for reviewing and evaluating the backgrounds of and the information supplied by any person applying to be an employee, volunteer or consultant, which shall' include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and sign Sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction.
(a) The division [for youth) shall promulgate regulations governing procedures for certification of detention facilities and for renewal suspension and revocation of such certifications. Such regulations shall provide for a hearing prior to the suspension revocation of a certification.
(b) The division [for youth] may suspend a certification for good causé shown. Suspension shall mean that no persons coming within the provisions of article three seven of the family court act and no alleged or convicted juvenile offender may be received
in detention facility, but persons already in care may remain in care. The division [for youth] may impose such conditions in the event of suspension as it shall deem necessary and proper.
(c) The division [for youth] may revoke a certification for good cause shown. Revocation shall mean that no persons coming within the provisions of article three or seven of the family court act and no alleged or convicted juvenile offender may be received for care
remain at the detention facility.
 6. The division (for youth] shall be responsible for bringing violations of law pertaining to detention of juveniles to the attention of each appropriate law guardian or counsel for the defendant who may petition for habeas corpus for persons aggrieved thereby.
, 7. The person in charge of each detention facility shall keep, a record of all time spent in such facility for each youth in
The detention facility shall deliver a certified transcript of such record to the division, social services district, other agency
taking custody of the youth pursuant to article three or seven of the family court act, before, or at the same time as the youth is delivered to the division, district or other agency, as is appropriate.
 8. 'The division shall list all facilities certified for the detention of children and shall file a copy of that list periodically with the clerk of the family court in each county, the clerk of the criminal court of the city of New York, the clerk of the supreme court in each county within the city of New York and the clerk of the county court in each county outside the city of New York.
§ 16. The section heading of section 504 of the executive law, as added by chapter 947 of the laws of 1971 and such section as renumbered by section thirteen of this act, is amended to read as follows:
[Purpose, admissions] Division facilities.
§ 17. Subdivisions 1, 2 and 4 of section 504 of the executive law, such section renumbered by section thirteen of this act, repealed and subdivision 3 is renumbered subdivision 4 and thrée new subdivisions 1, 2 and 3 are added to read as follows:
1. The division shall operate and maintain secure, limited secure and non-secure facilities for the care, custody, treatment, housing, educaEXPLANATION—Matter in italics is new; matter in brackets  is old law
tion, rehabilitation and guidance of youth placed with or committed to the division.
2. Each separate facility may bear the name, designated by the division, of a resident or former or deceased resident of New York state known for outstanding service to youth in New York state.
3. A youth attending a local public school while in residence at a division facility shall be deemed a resident of the school district where the youth's parent or guardian resides at the commencement of each school year for the purpose of determining which school district shall be responsible for the youth's tuition.
§ 18. Sections 505 and 507-a of the executive law, as added by chapter 947 of the laws of 1971 and such sections as renumbered by section thirteen of this act, are amended to read as follows:
$ 505. [Powers and duties of the superintendents and center directors] Directors of facilities. 1. There shall be a facility director of each division for youth facility. Such facility director shall be appointed by the director of the division and shall be in the noncompetitive class and designated as confidential as defined by subdivision two-a of section forty-two of the civil service law. The facility director shall have two years
experience in appropriate titles in state government. Such facility director shall have such other qualifications may
be prescribed by the director of the division, based on differences in duties, levels of responsibility, size and character of the facility, knowledge, skills and
abilities required, and other factors affecting the position and shall serve at the pleasure of the director of the division
2. Subject to regulations of the division, the superintendent or center] facility director of a state [institution] facility in the division shall:
(a) [have the management of] operate and manage the [institution] facility,
(b) submit [to the division and to the board of visitors, if any,] a monthly report on such matters as the division [and board of visitors] may specify.
[2. In cooperation with the development and operation of plans for mutual aid in cases of fire and other public emergencies, the superintendent
center director, with the approval of the director of the division for youth, may, authorize the fire department of the institution to furnish aid to such territory, surrounding the institution as may be practical in cases of fire and such emergencies, having due regard to the safety of the residents and property of the institutions, and to engage in practice and training programs in connection with the development and operation of such mutual aid plans. Any lawfully organized fire-fighting forces or firemen from such surrounding territory may ter upon the grounds of the institution to furnish aid in cases of fire and such emergencies. ]
3. Subject to the regulations of the division, the [superintendent or center] facility director may authorize the use of the buildings and grounds of the [institution] facility by a municipality, special district or non-profit association, corporation or organization for educational, recreational, social and civic purposes whenever such use may promote better relationships with the community, in which the [institution] facility is located, provided, however, that such use does not interfere with the purposes and program of the [institution] facility.
§ 507-a. [Return of children improperly placed] Placement and commitment; procedures. 1.
the custody of the division :
(a) for placement, as a juvenile delinquent or as a person in need of supervision pursuant to the family court act; or
(b) for commitment pursuant to the penal law.
2. (a) Consistent with other provisions of law, only those youth who have reached the age of seven but who have not reached the
of twenty-one may be placed in, committed to or remain in the division's custody. Whenever it shall appear to the satisfaction of the division that any ,[child] youth placed therewith is not of proper age to be so placed or is not properly placed, or is mentally or physically incapable of being materially benefited by the program of the division, the division shall cause the return of such [child] youth to the county from which_placement was made.
[2.] (b) The division shall deliver such [child! youth to the custody of the placing court, along with the records provided to the division pursuant to section five hundred seven-b of this article, there to be
dealt with by the court in all respects as though no placement had been made.
[3.] (c) The cost and expense of the care and return of such [child] youth incurred by the division shall be reimbursed to the state by the social services district from which such [child] youth was placed in the manner provided by section five hundred twenty-nine of this article.
3., The division may photograph any youth in its custody; Such photograph may be used only for the purpose of assisting
the return of conditionally released children
and runaways pursuant to section five hundred ten-b of this article. Such photograph shall be destroyed immediately upon the discharge of the youth from division custody.
4. (a). A youth placed with or committed to the division may, immediately following placement or commitment, be remanded to appropriate detention facility.
(b). The division shall admit a child placed with the division to a facility of the division within fifteen days of the date of the order of placement with the division and shall admit a juvenile offender committed to the division to a facility of the division within ten days of the date of the order of commitment to the division, except as provided in section five hundred seven-b of this article.
5. Consistent with other provisions of law, in the discretion of the director, youth who attain the age of eighteen while in division custody may reside
non-secure facility until the age of twenty-one, provided that such youth attend a full-time vocational educational program and are likely to benefit from such program.
૬. 19. Section 507-b of the executive law, as added by chapter 947 of the laws of 1971, subdivision 2 as separately amended by chapters 319 and 560 of the laws of 1984 and such section as renumbered by section thirteen of this act, is amended to read as follows:
§ 507-b. Placement and commitment; papers to be furnished. 1. No placement [with] or commitment order to the division [of a juvenile delinquent person in need of supervision] which recites the facts upon which it was based shall be deemed or held to be invalid by reason of any imperfection or defect in form.
2. The [family] court shall immediately notify the division of the placement or commitment of any [child] youth' therewith. The orders of the [family] court [pursuant to section seven hundred fifty-two or 352. 1 and either 352.2, 353.3, 353.5 or seven hundred fifty-four of the family court act] and copies of the probation report and all other relevant evaluative records in the possession of the [family] court, detention facility and probation department related to such [child) youth, including but not limited to any diagnostic, educational, medical, psychological and psychiatric records, fingerprints, photographs, a certified copy of the sentence and any pre-sentence memoranda filed with the court, where applicable, and reports relating, to assaults or other violent acts, attempts at suicide or escape by, the [child while in the custody of a detention facility,) youth shall be delivered together with the (child) youth or earlier to a person authorized by the [division] director to receive the child, notwithstanding any contrary provision of law.
[If the child placed was fingerprinted pursuant to section 306. 1 of the family court act and adjudicated for an act which, if committed by an adult would be a class A, B or C felony, the court shall direct the division to photograph the child or shall provide a copy of such photograph to the division. ]
3. The [family] court shall, before placing or committing any such (child) youth, inquire into and determine this] the age of the youth at the time of placement or commitment, and [his] the youth's age as so determined shall be stated in the order. The statement of the age
of such (child) youth in such order shall be conclusive evidence as to such age in any action to recover damages for [his] allegedly unlawful detention under such order, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention.
§ 20. Section 507-d of the executive law, as added by chapter 947 of the laws of 1971 and such section as renumbered by section thirteen of this act, is amended to read as follows:
§ 507-d. Confinement of juvenile delinquents under sentence of the courts of the United States. The (superintendents of the state schools) directors of secure and limited secure facilities shall receive and EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law
safely keep in such [schools] facilities, subject to the provisions of this [title] article, any person not over the age of sixteen years convicted of any offense against the United States, and sentenced to imprisonment by any court of the United States, sitting within this state, until such sentences be executed, or until such delinquent shall be discharged by, due course of law, conditioned upon the United States supporting such delinquent and paying the expenses attendant upon the cution of such sentence.
§ 21. Section 510-a of the executive law, as amended by chapter 478 of the laws of 1978, subdivision 4 as amended by chapter 920 of the laws of 1982 and such section as renumbered by section thirteen of this act, is amended to read as follows:
§ 510-a. [Release] Conditional release. 1. The division may conditionally release (from a school or center or youth center operated
pursuant to the provisions ofth section five hundred two of this article any [child) youth placed with the division to aftercare whenever such conditional release to be in the best interest of the [child] youth, that suitable care and supervision can be provided and that there is a reasonable probability that the [child] youth can be conditionally released without endangering the public safety; provided, however, that no [child] youth while absent from a school or center] facility or (youth center] program without the consent of the [superintendent or] director of such facility or program shall be conditionally released by the division solely by reason of the absence. The division may establish regulations in connection with such conditional release.
2. It shall be a condition of such release that the [child] youth so released shall continue to be the responsibility of the division for the period provided in the order of placement, notwithstanding [his] the youth's conditional release therefrom, and that the division, pursuant to its regulations, may. cause such [child] youth to be returned to a [school or center or youth center] division facility or authorized agency at any time within the period of placement, where there is a violation of the conditions of release or a change of circumstances.
3. [Children] Youth conditionally released by the division may be provided for as follows: (a) If,
in the opinion of the division, there is no suitable parent, relativec.) or guardian (or friend] to whom a [child) youth can be conditionally released, and suitable care cannot otherwise be secured, the division may conditionally, release such [child) youth to the care of authorized agency established pursuant to section three hundred seventyone of the social services law or any other suitable person [or agency, including a division for youth foster family home or contract home, and, insofar as funds are made available therefor, pay such person or agency for such care, including medical care and services not provided to such child as medical assistance for needy persons pursuant to title eleven of article five of the social services law.
(b) The division may establish, operate and maintain facilities for the care of children released from a school or center or youth center].
[(c)] (b) The division may provide clothing, other necessities and services for any conditionally released [child] youth, required, including medical care and services not provided to such (child) youth as medical assistance for needy persons pursuant to title eleven of article five of the social services law.
4. In addition to the other requirements of this section, no [child] youth placed with the division pursuant to a restrictive placement under the family court act shall be released [from a secure or residential facility] except pursuant to section 353. 5 of the family court act.
§ 22. Section 510-b of the executive law, as amended by chapter 478 of the laws of 1978, subdivision 3 as amended by chapter 843 of the laws of 1980, subdivision 5 as added by chapter 167 of the laws of 1983 and such section as renumbered by section thirteen of this act, is amended to read as follows:
§, 510-b. Return of conditionally, released children or runaways. 1. If a child under the jurisdiction of the division [for youth]
away from a [school or center or youth center operated pursuant to the provisions of section five hundred two of this article] division facility or an authorized agency or violates any condition of release therefrom, the division shall cause said child to be apprehended and returned to [school or center or youth center,] division facility or authorized agency pursuant to the regulations of the division.
[1-a] 2. The (superintendent or] facility director (of a school, center or youth center] shall, with respect to any person placed with the
division by order of the family court, give immediate written notice to said family court when any such person is absent from such facility without consent. In cases involving persons placed with the division who are cared for by authorized agencies pursuant to court direction authorization, [a person designated by the division for youth pursuant to its regulations] the authorized agency shall give written notice to the division and the appropriate family court when any such division placement is absent from such authorized agency without consent.
 3. An employee designated by the division may, without a warrant, apprehend a runaway or conditionally released child in any county in this state whose return has been ordered by the division, and return said child to [a school or center or youth center, or, in the case of a child placed with an authorized agency pursuant to court authorization, to) any appropriate division [or] facility, detention facility, authorized agency. [facility] or program.
. 4. The division, pursuant to its regulations, shall issue a warrant directed generally to any peace officer, acting pursuant to [his] such officer's special duties, or police officer in the state for the apprehension and return of any rúnaway or conditionally released child under the jurisdiction of the division and such warrant shall be executed by any peace officer, acting pursuant to [his) such officer's special duties, or police officer to whom it may be delivered. The division also shall provide relevant law enforcement agencies within forty-eight hours with the] any photographs (taken pursuant to section five hundred nineteen of this article] of any runaway or conditionally released child for whom a warrant is issued together with any pertinent information relative to such child. Such photographs shall remain the property of the division and shall be kept confidential for use solely in the apprehension of such child [and]. Such photographs shall be returned promptly to the division upon apprehension of such child, or upon the demand of the division.
 5. A magistrate may cause a runaway or released child to be held in custody until returned to the division.
 6. In a city with a population of one million or more, the commissioner of juvenile justice, or the designee of such commissioner, may issue a warrant directed generally to any peace officer, acting, pursuant to [his] such officer's special duties, or police officer in the state for the apprehension and return of any youth who has run away or escaped from a secure detention facility, as defined in [section seven hundred twelve of] the family court act, operated by such commissioner. Such warrant shall be executed by any peace officer, acting pursuant to [his] such officer's special duties, police officer to whom it may be delivered.
7. When child who is placed with the division pursuant to article three or seven of the family court act committed pursuant to the penal law is absent from a division facility or an authorized agency, without the consent of the director of such facility or authorized agency, the absence shall interrupt the calculation of the time of such placement or commitment and such interruption shall continue until
the return of the child to the facility or authorized agency, in which the child was placed or committed. Any time spent by such child in custody from the date of absence to the date the placement pursuant to article three or seven of the family court act or commitment
pursuant to the penal law resumes shall be credited against the time of such placement or commitment provided :
(a) That such custody was due to an arrest or surrender based upon the absence; or
(b) That such custody arose from an arrest or surrender on another charge which
did not culminate in a conviction, ad judication ad justment.
8. When a youth who is absent without consent from division custody is apprehended outside of the state of New York, the terms of the interstate compact on juveniles shall govern the return of such youth to division custody.
§ 23. Section 510-c of the executive law, as added by chapter 947 of the laws of 1971, subdivision 1 as separately amended by chapters, 398 and 697 and subdivision 2 as amended by chapter 283 of the laws of 1977, subdivisions 3 and 5 as amended by chapter 691 of the laws of 1984 and subdivision 4 amended by chapter 478 of the laws of 1978 and such EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law