senate Bill S5565

Enacts "Renee's law" to provide greater protection and disclosure to employees of facilities where juvenile delinquents and youthful offenders are placed

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Jun / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1127
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 01 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Enacts "Renee's Law"; directs the commissioner of children and family services to provide training to all employees of programs and facilities in which youth are placed or committed; grants access to office of children and family service records, juvenile delinquency records, youthful offender records and juvenile offender records of youth placed or committed to a facility, to staff members and employees who are exposed to such youth and to foster parents who take custody of such person after his or her release; grants courts and attorneys access to such records in any proceeding for the commission of a crime while a youth is in the custody of the office of children and family services; prohibits the release, discharge or transfer of any youth who has engaged in criminal activity while in custody; requires the reporting to law enforcement authorities of criminal activity by a youth in the custody of the office of children and family services; requires a police officer to escort an employee sent to find a youth who is absent without authorization.

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Bill Details

See Assembly Version of this Bill:
A8450
Versions:
S5565
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§501, 501-c, 504, 507-a, 510-c & 837, add §§501-i & 510, Exec L; amd §166, Fam Ct Act; amd §§720.35 & 725.15, CP L; amd §212, Judy L

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BILL NUMBER:S5565

TITLE OF BILL:
An act
to amend the executive law, the family court act, the criminal
procedure law and the judiciary law,
in relation to enacting
"Renee's law"

PURPOSE OR GENERAL IDEA OF BILL:
To provide greater protection and disclosure to employees of
facilities where juvenile delinquents and youthful offenders are
placed.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 states that the act shall be known as Renee's law.

Section 2 states the legislature recognizes that the crisis in the
Juvenile Justice System has worsened in recent years. This bill would
provide a safety net for the staff, youth, and the communities that
have been impacted by this crisis.

Section 3 would amend Section 501 of the Executive law by adding two
new Subdivisions, 7-a and 12-a. Subdivision 7-a expand the powers of
the Office of Children and Family Services to include the sharing of
juvenile records with staff, the legal community, foster parents and
the law enforcement community as required by the Executive law, the
Family Court Act, and the Criminal Procedure law.

Subdivision 12-a would establish requirements for training that must
be provided to staff responsible for the care and Custody of youths
placed in or committed to a program licensed, certified or registered
by the Office. Mandated topics include staff abuse prevention and
identification; the use of physical intervention; techniques of
group and individual child management; gang awareness; absent without
leave procedures; conflict resolution; and the laws, rules, and
regulations governing the protection of staff from abuse. Failure to
provide the required training would be deemed a neglect of duty by
the Commissioner, subjecting such Commissioner to removal by the
Governor.

Section 4 would amend section 501-c of the Executive law by adding a
new subdivision 3 to require records, including unusual incident
reports, mental health and developmental disability reports, and
progress reports of each juvenile delinquent, juvenile offender, or
youthful offender be provided to staff responsible for the care,
Custody, treatment, housing, education, rehabilitation, or guidance
of such youth. Access is also granted to judges, the presentment
agency or district attorney, and the youth's attorney should the
youth Commit a crime, or an act that is
defined as a crime when committed by an adult. Foster parents who
receive custody of the child after release from the Office would be
entitled to receive all records with the exception of mental health
and developmental disability records.


Section 5 would amend the Executive law by adding a new section 501-i
to implement a risk assessment tool used for placement, transfer and
discharge of youth in the custody and control of the Office. The
assessment would designate a youth as a Level I low, Level II
moderate, or Level III high risk of re-committing a crime, or harming
themselves or others. The tool would evaluate the youth's prior legal
history, behavior while in the custody of an Office certified
program, and mitigating circumstances. The risk assessment would be
performed by staff involved in the daily care and custody of the youth.

The sum of the youth's prior criminal history factor and facility rule
violations factor is subtracted from mitigating factors to determine
the risk level. Each factor has several items which have been
assigned a point value. The sum of the point values would determine
the factor. A risk level factor of three or less would be a Level I
designation, between four and eight would be a Level II designation,
and nine or more a Level III designation.

A youth's criminal history factor is determined by reviewing the
number of juvenile delinquent determinations within the last three
years, any pending criminal or family court offenses, and felony or
misdemeanor adjudications within the previous three years. The
mitigating factor subtracts points for the lack of prior arrests,
convictions, or Person In Need of supervision findings. A youth would
also receive mitigating points for actively cooperating or
participating in counseling or programs provided at juvenile justice
facilities licensed or certified by OCFS.

The rule violations factor is determined by multiplying the number of
level B rule violations received while in the custody of the Office
by two. Likewise, the total number of Level C rule violations would
be multiplied by three. These two sums are then added together to
provide the rule violation factor.

Level B rule violations are defined as attempting to or aiding an
attempt to escape a facility or program; withholding information of
an escape attempt; engaging in violent threatening conduct;
practicing or teaching other martial arts, sparring, or self defense;
gang related hand, verbal or written communication; indecent
exposure; verbal, written, or gestured threats; and the possession of
unauthorized security-related equipment; production, sale, use or
possession of alcohol or narcotics.

Level C rule violations would include any offense defined in the penal
law; starting or attempting to start a fire or explosion; possession
of explosives; causing or attempting to cause bodily harm to another
resident or staff; fighting; attempting to take over an OCFS
facility; violent conduct; engaging in gang meetings; displaying,
wearing, possessing, distributing or using gang materials; making,
possessing, selling, exchanging or using a weapon; escaping from a
program or facility; and witness tampering.

A youth that has committed a designated felony; two or more level C
rule violations or four or more level B violations in the three
months prior to movement; or is deemed a Level III risk must be
placed in, and remain in a secure facility. When a youth is moved to
a lower level of custody, the receiving facility must verify that it


has staffing sufficient to meet the youth's assessed risk level prior
to placement.

Section 6 would amend subdivision 4 of section 504 of the Executive
law to prohibit the discharge, release or transfer of youth if their
files and records contain two or more Level C violations or four or
more level B violations in the three months prior to movement to a
less secure facility; or any conduct which would constitute a crime
under the penal law when committed by an adult.

Section 7 would amend section 507-a of the Executive law by adding a
new subdivision 6 to require the Office provides notice to the local
law enforcement agency of a youth's placement within the community
over which they have jurisdiction. Such notice would include reports
of prior assaults, act of violence, attempted suicides, escapes or
attempted escapes while in Office custody, and all criminal charges.
Notice must be given at least 10 days prior to placement.

Section 8 would amend the Executive law by adding a new section 510 to
mandate officers and employees of Office certified or operated
programs to report youth crimes perpetrated within programs to the
local law enforcement agency. The employer is prohibited from taking
retaliatory action for reporting youth crimes, and cannot require
prior approval or notification of reporting the youth's criminal act
to local law enforcement agency. Willfully concealing the commission
of a youth's crime is a class A misdemeanor and is subject to civil
liability for the damages caused by such concealment.

Section 9 would amend subdivision 1 of section 510-c of the Executive
law to prohibit discharge if the youth's files and records contain
two or more Level C violations; or four or more level C violations in
the three months prior to placement in a less secure facility; or any
notation of any conduct which would constitute a designated felony
crime under the penal law if committed by an adult.

Sections 10 would amend section 837 of the executive law by adding a
new subdivision 19 to require that the Division of Criminal Justice
Services establish regulations to require a police officer having
jurisdiction over a program licensed, registered or certified by the
Office to accompany an employee of such program, upon request, to an
AWOL youth's home and assist in retrieving such youth.

Sections 11, 12 and 13 would amend section 166 of the family court
act, and sections 720.35 and 725.15 of the Criminal Procedure law
respectively. These provisions would unseal and make available the
records of every juvenile delinquency proceeding in family court, and
all official records and papers of youthful offenders and juvenile
offenders in certain cases. Specifically a youth's records would be
available to staff responsible for a youth's care and custody and to
the court, presentment agency or district attorney and the youth's
attorney upon the filing of charges for a crime or if a youth commits
an act which would constitute a crime under the penal law if the
youth were an adult.
A foster parent who subsequently receives custody of a youth after
release from the custody of the Office is also entitled to receive
records.


Section 14 would amend subdivision 2 of section 212 of the judiciary
law by adding a new paragraph (s). This provision would permit the
judiciary to adopt rules, orders, and forms for the dissemination of
information as required under subdivision (a) of section one hundred
sixty-six of the family court act, subdivision five of section 720.35
of the criminal procedure law, and subdivision two of section 725.15
of the criminal procedure law.

Section 15 states provides for the severability of any clause,
sentence, paragraph, section or part of the act that is found to be
invalid.

Section 16 states the enactment date.

JUSTIFICATION:
Renee Greco, a 24-year-old youth care worker at an OCFS-licensed group
home for troubled youths in Lockport, was the sole staff member
watching six teenage boys. Ms. Greco was brutally beaten to death
after two teenage residents put a blanket over her head while she was
playing cards with other residents in the home on June 8, 2009. Ms.
Greco was not informed of either youth's prior crimes or actions
within facilities. Had she been advised of these youth's checkered
pasts, it is very possible that she would still be alive today.

Staff in OCFS operated or certified programs do not receive background
information on the youths in their care. Further, voluntary agencies
lack adequate training and staff to receive youths that are dangerous.
These practices, though based on hopes of rehabilitating misguided
youth, have contributed to a 90% recidivism rate, increasing violence
towards staff, and an unknown number of tragedies within the
communities where juveniles have been irresponsibly placed.

This law would require that staff caring for youths within residential
programs, operated or certified by the Office, have access to the
files and records of the youths in their care. The youth's records
would also be available to the legal community, including the judge,
presentment agency, district attorney, and defense counsel should the
youth commit another crime while in a facility. Upon placement or
movement to a lower level of custody, the local law enforcement
agency would also receive the youth's records. Those charged with
caring for the youths, and protecting the communities of our state
would be better able to perform their duties by being fully informed
of who is placed within their community.

Proper placement, as determined by the mandatory risk assessments,
would prevent avoidable tragedies, like the death of Renee Greco. By
assessing the youth's acts while in OCFS care and their prior crimes,
no youth will be prematurely transferred or released. Inappropriate
placement is also addressed in the mandatory reporting of youth
crimes in OCFS facilities and voluntary agencies. These reporting
requirements will provide an accurate history and allow a thorough
evaluation of the youth's rehabilitation and the risk they pose to
the community. Youth bearing a level II risk would be required.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law; provided that any rules and
regulations necessary for the implementation of the provisions of
this act on its effective date are authorized to be promulgated,
repealed and/or amended on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5565

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 2, 2011
                               ___________

Introduced by Sens. YOUNG, MAZIARZ, DeFRANCISCO, FARLEY, GOLDEN, LARKIN,
  LIBOUS, NOZZOLIO, RANZENHOFER, SEWARD -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to  the Committee on Crime
  Victims, Crime and Correction

AN ACT to amend the executive law, the family court  act,  the  criminal
  procedure  law and the judiciary law, in relation to enacting "Renee's
  law"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Renee's law".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds  and  declares  that  it  is a fundamental purpose of this state's
juvenile justice system to provide a safe environment for both the resi-
dents and the staff of programs licensed, certified  and  registered  by
the  office  of  children  and  family services. The legislature further
finds that a safe environment is ensured by providing staff of  programs
licensed, certified and registered by such office with adequate training
and  that  this function is a primary responsibility of the commissioner
of children and family services to ensure. Ensuring the  safety  of  the
communities into which the youth are placed is paramount, requiring that
a youth be placed in appropriate locations to avoid preventable tragedy.
The  legislature finds that residents of programs and agencies licensed,
certified and registered by the office of children and  family  services
are  committing  serious  crimes  within  such  programs, and that these
crimes are not being reported to the proper authorities. The  provisions
of  this act provide a critical framework to improve and maintain safety
within such licensed,  certified  and  registered  programs,  non-profit
community  based  programs and communities throughout the state allowing
youths under the office of children and  family  services'  jurisdiction

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08260-09-1

S. 5565                             2

the  ability to be rehabilitated and receive skills necessary to inhibit
recidivism.
  S  3.  Section  501  of the executive law is amended by adding two new
subdivisions 7-a and 12-a to read as follows:
  7-A. TO PROVIDE FOR THE DISSEMINATION OF  RECORDS,  FILES  AND  PAPERS
PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION FIVE HUNDRED ONE-C OF THIS
TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX
OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
720.35  OF  THE  CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW.
  12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A  COURSE  OF
TRAINING  TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE
FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION  OR
GUIDANCE  OF  CHILDREN  IN  FACILITIES  IN  WHICH CHILDREN ARE PLACED OR
COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION-
ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS  FOR  PREEMPLOYMENT  TRAINING
AND  IN  SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL
INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN-
TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND  SECU-
RITY  PROCEDURES;  THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS-
ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD  MANAGEMENT;
GANG  AWARENESS;  ABSENT  WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION;
AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN
FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER  SHALL  ENSURE  THAT  ALL
TRAINING  CONDUCTED  PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND
EVALUATED AND UPDATED ON AN ANNUAL BASIS.   THE FAILURE TO  PROVIDE  THE
TRAINING  REQUIRED  BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY
FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI-
LY SERVICES FROM OFFICE.
  S 4. Section 501-c of the executive law is amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED  TO,  UNUSUAL  INCIDENT
REPORTS,   MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITY  REPORTS,  AND
PROGRESS REPORTS, OF EACH  JUVENILE  DELINQUENT,  JUVENILE  OFFENDER  OR
YOUTHFUL  OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE:
  (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
ATED  BY  SUCH  OFFICE  OR  NOT,  IN WHICH THE DELINQUENT OR OFFENDER IS
PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR  EMPLOYEE  IS  RESPONSIBLE
FOR  THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR
GUIDANCE OF THE AFFECTED YOUTH;
  (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER  ENGAGES  IN  CONDUCT  OR
COMMITS  AN  ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW
IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,
TO  THE  COURT,  THE  PRESENTMENT  AGENCY  OR DISTRICT ATTORNEY, AND THE
ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES  AGAINST  THE
YOUTH RELATING TO SUCH CRIME; AND
  (C)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN-
DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY
SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS.
  S  5.  The  executive  law is amended by adding a new section 501-i to
read as follows:
  S 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1.   PLACE-
MENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH
COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK  ASSESSMENT

S. 5565                             3

VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.  PROVIDED, THAT
NO  YOUTH  CONVICTED  OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED
FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C  RULE  VIOLATIONS
WHILE  IN  CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE
VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE  AUTHORIZED  TO  BE
PLACED  IN  ANY  PROGRAM  OR FACILITY THAT IS NOT DESIGNATED AS A SECURE
FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK  LEVEL  OF  III  SHALL  BE
PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY.
  2.  MOVEMENT  TO  LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY
YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE  CONDUCTED
FOR  SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED
WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A  RISK
ASSESSMENT  OF  A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH
YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF  SUBDI-
VISION SIX OF THIS SECTION.
  3.  RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES,
OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH
YOUTH COMMITTED TO THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.  THE  RISK  ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY
ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO  HIS  OR  HER
PRIOR  OFFENSE  HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING
FACTORS.
  (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY:
  (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND
  (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE.
  (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY:
  (I) THE NUMBER OF OPEN OR PRIOR  JUVENILE  DELINQUENCY  DETERMINATIONS
WITHIN  THE  PREVIOUS  THREE  YEARS:  ONE  POINT PER OFFENSE, BUT NOT TO
EXCEED THREE POINTS;
  (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE  COUNTY  ATTOR-
NEY:  ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS;
  (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS;
  (IV)  A  PENDING  FAMILY  COURT  MISDEMEANOR  OFFENSE:  ONE  POINT PER
OFFENSE, BUT NOT TO EXCEED THREE POINTS;
  (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE  YEARS:  FIVE
POINTS;
  (VI)  TWO  OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE
YEARS: THREE POINTS; AND
  (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE  PREVIOUS  THREE  YEARS:
ONE POINT.
  (C) MITIGATING FACTOR SHALL BE DETERMINED BY:
  (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT;
  (II)  NOT  BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING
WITHIN THE PREVIOUS THREE YEARS: ONE POINT;
  (III)  CURRENTLY  ACTIVELY  COOPERATING  IN  COUNSELING,   PREVENTION,
SERVICES OR A PROGRAM: ONE POINT.
  4.  DEFINITIONS. AS USED IN THIS ARTICLE:
  (A)  "DESIGNATED  FELONY"  SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING
FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN
THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE
SECOND DEGREE, KIDNAPPING IN  THE  FIRST  DEGREE,  ARSON  IN  THE  FIRST
DEGREE,  ASSAULT  IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE,
ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN
THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE  IN

S. 5565                             4

THE  FIRST  DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN
THE FIRST DEGREE.
  (B)  "DESIGNATED  RISK  LEVEL"  SHALL MEAN AN ASSESSMENT OF EACH YOUTH
COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
IN  WHICH,  IN  LIGHT  OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF
OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN  THE  CARE
AND  CUSTODY  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY
PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE,  AND  PREVIOUS
CRIMINAL  AND  JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER-
MINED TO PRESENT A LOW, MODERATE OR  HIGH  RISK  OF  COMMITTING  ANOTHER
CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF
COMMITTED  BY  AN  ADULT,  OR POSES A THREAT TO THE SAFETY OF HIMSELF OR
HERSELF OR OTHERS.
  (I) "RISK LEVEL I" MEANS A YOUTH  HAS  A  LOW  RISK  OF  REPEATING  OR
COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO
PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A
RISK FACTOR OF THREE POINTS OR LESS.
  (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR
COMMITTING  ADDITIONAL  OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE
THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL  OF  II
SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS.
  (III)  "RISK  LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR
COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR  POSES  A  SERIOUS
THREAT  TO  PUBLIC  SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III
SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS.
  (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH  IS  CONSPICUOUSLY  OFFEN-
SIVE, INTENTIONAL OR BLATANT.
  (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN-
TIONALLY REPETITIVE.
  5.  RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN
HE OR SHE:
  (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN  ACCESSORY  TO  AN  ESCAPE
ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY;
  (II)  WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH-
OUT LEAVE;
  (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE;
  (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING  OR  SELF
DEFENSE TECHNIQUES;
  (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION;
  (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES;
  (VII)  MAKES  ANY  THREAT  VERBALLY,  IN  WRITING OR BY GESTURE TO ANY
PERSON;
  (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS,
VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT;
  (IX) MAKES, USES, POSSESSES, SELLS  OR  EXCHANGES,  OR  IS  UNDER  THE
INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT;
  (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU-
ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE;
  (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
TION;
  (XII)  SELLS  OUTDATED  OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
TION;
  (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT  OTHERS  TO  SMUGGLE
ANY  ITEM  INTO  OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR
PROGRAM AREA TO ANOTHER;

S. 5565                             5

  (XIV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE  SECURE
AND ORDERLY OPERATION OF THE FACILITY;
  (XV)  ENGAGES  IN  ANY  VERBAL  BEHAVIOR WHICH MAY RESULT IN INJURY TO
STAFF OR RESIDENTS;
  (XVI) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR  WHICH
INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY;
  (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
MAY RESULT IN INJURY TO STAFF OR RESIDENTS;
  (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA;
  (XIX) THROWS URINE OR FECES OR SANITARY ITEMS;
  (XX)  FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM COUNT
PROCEDURES;
  (XXI) MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE  MUTILA-
TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR
  (XXII)  ENGAGES  IN  A  PERSISTENT PATTERN OF INFRACTIONS AND FAILS TO
RESPOND TO SANCTIONS PREVIOUSLY IMPOSED BY AN  INDIVIDUAL  CHARGED  WITH
SUCH YOUTH'S CARE OR CUSTODY.
  (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE:
  (I)  COMMITS  OR  ATTEMPTS  TO COMMIT ANY OFFENSE DEFINED IN THE PENAL
LAW;
  (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION;
  (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION;
  (IV) POSSESSES AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE  USED  TO
MAKE AN EXPLOSIVE DEVICE;
  (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT,
A STAFF MEMBER OR ANY OTHER PERSON;
  (VI) ENGAGES IN FIGHTING;
  (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN
THE  TAKEOVER  OF  ANY  AREA  OF  A FACILITY OR PROGRAM, OR, ACTING IN A
GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF
VIOLENCE;
  (VIII) ENGAGES WITH  OTHERS  IN  ANY  VIOLENT  CONDUCT  OR  THREAT  OF
VIOLENCE;
  (IX)  LEADS,  ORGANIZES  OR  URGES  OTHER  RESIDENTS TO PARTICIPATE IN
ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM;
  (X) ENGAGES IN OR ENCOURAGES OTHERS TO ENGAGE IN  UNAUTHORIZED  ORGAN-
IZATIONAL ACTIVITIES OR MEETINGS;
  (XI)  DISPLAYS,  WEARS,  POSSESSES,  DISTRIBUTES  OR USES UNAUTHORIZED
ORGANIZATIONAL INSIGNIA OR MATERIALS;
  (XII) MAKES, POSSESSES, SELLS, EXCHANGES OR USES ANY GUN,  FIREARM  OR
AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS-
SIFIED AS A WEAPON BY USE OR APPEARANCE;
  (XIII)  CONSPIRES  TO,  IS  AN ACCESSORY TO OR COMMITS ESCAPE FROM ANY
PROGRAM OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR  ABSENCE
WITHOUT LEAVE;
  (XIV)  INTENTIONALLY  FAILS OR ATTEMPTS TO FAIL TO RETURN AT OR BEFORE
THE TIME PRESCRIBED FOR HIS OR HER RETURN;
  (XV) ENGAGES IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE  OTHERS  TO
ENGAGE IN SEXUAL ACTS OR GESTURES;
  (XVI)  TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY INVES-
TIGATION; OR
  (XVII) POSSESSES TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS  THAT  MAY
BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION.
  6.  STAFFING.  PROGRAMS OPERATED, LICENSED, CERTIFIED OR REGISTERED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW-
ING STAFFING REQUIREMENTS:

S. 5565                             6

  (A) THOSE PROGRAMS ACCEPTING YOUTHS  WITH  RISK  LEVEL  I  ASSESSMENTS
SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND
RESIDENTS OF THE PROGRAM.
  (B)  THOSE  PROGRAMS  ACCEPTING  YOUTHS WITH RISK LEVEL II ASSESSMENTS
SHALL HAVE STAFFING SUFFICIENT TO  ENSURE  THAT  NO  EMPLOYEE  SHALL  BE
REQUIRED  TO  SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS THE EMPLOYEE
IS ACCOMPANIED BY NOT LESS THAN ONE OTHER EMPLOYEE  OF  THE  PROGRAM  OR
ANOTHER APPROPRIATE PERSON.
  (C)  THOSE  PROGRAMS  ACCEPTING YOUTHS WITH RISK LEVEL III ASSESSMENTS
SHALL BE SECURE OR LIMITED SECURE FACILITIES.
  S 6. Subdivision 4 of section 504 of the executive law, as amended  by
chapter 687 of the laws of 1993, is amended to read as follows:
  4.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall deter-
mine, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS
ARTICLE, the particular [division] OFFICE facility or program in which a
child  placed  with [the division] SUCH OFFICE shall be cared for, based
upon an evaluation of such child. The [division] OFFICE OF CHILDREN  AND
FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED
ONE-I  OF  THIS  ARTICLE  AND AFTER A COMPLETE REVIEW OF THE RECORDS AND
FILES OF A CHILD, also have  authority  to  discharge  or  conditionally
release  children  placed  with  it and to transfer such children from a
limited secure or non-secure facility to any  other  limited  secure  or
non-secure  facility,  when  the interest of such children requires such
action; provided that a child transferred to a non-secure facility  from
a  limited  secure facility may be returned to a limited secure facility
upon a determination by the [division] OFFICE that, for any reason, care
and  treatment  at  the  non-secure  facility  is  no  longer  suitable.
PROVIDED,  HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL BE
AUTHORIZED IF THE CHILD'S RECORDS AND FILES  INCLUDE  (A)  TWO  OR  MORE
LEVEL  C  RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACE-
MENT IN A LESS SECURE FACILITY,  OR  (B)  FOUR  OR  MORE  LEVEL  B  RULE
VIOLATIONS  WITHIN  THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS
SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH
CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT-
TED BY AN ADULT.
  S 7. Section 507-a of the executive law is amended  by  adding  a  new
subdivision 6 to read as follows:
  6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN TEN DAYS
BEFORE THE MOVEMENT OF ANY YOUTH, COMMITTED TO  THE  CUSTODY  OR  SUPER-
VISION  OF  SUCH  OFFICE, TO ANY FACILITY OR PROGRAM OPERATED, LICENSED,
REGISTERED, CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE  NOTICE
OF  THE  MOVEMENT  OF SUCH YOUTH TO THE DIVISION OF STATE POLICE AND THE
LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER  THE  FACILITY  OR
PROGRAM  TO  WHICH  THE YOUTH IS TO BE MOVED. SUCH NOTICE SHALL INCLUDE,
BUT NOT BE LIMITED TO, REPORTS OF THE YOUTH'S PRIOR  ASSAULTS,  ACTS  OF
VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE
CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES.
  S  8. The executive law is amended by adding a new section 510 to read
as follows:
  S 510. REPORTS OF YOUTH CRIMINAL  ACTIVITY;  REQUIRED.  1.  (A)  EVERY
OFFICER  AND  EMPLOYEE  OF A FACILITY OR PROGRAM, THAT IS SUBJECT TO THE
PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE
HAS REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF  FACTS,
CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS
COMMITTED  AN  ACT,  WHICH  IF  THE YOUTH WAS AN ADULT, WOULD BE A CRIME

S. 5565                             7

DEFINED IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE  PENAL
LAW.
  (B)  AFTER  SUBMITTING  A  REPORT TO THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION, THE OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE  THEREOF  TO
HIS  OR  HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
NEITHER OPERATOR OF A  FACILITY  OR  PROGRAM  THAT  IS  SUBJECT  TO  THE
PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL  DENY  A  LAW  ENFORCEMENT AGENCY ACCESS TO ANY PROGRAM, FACILITY,
OFFICER, EMPLOYEE OR YOUTH WHILE SUCH AGENCY IS  IN  THE  COURSE  OF  AN
INVESTIGATION  RELATING  TO A REPORT SUBMITTED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION.
  (C) NO OPERATOR OF A  PROGRAM  OR  FACILITY  LICENSED,  REGISTERED  OR
CERTIFIED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ANY
RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS DEFINED IN  PARAGRAPH  (E)
OF  SUBDIVISION  ONE  OF  SECTION  SEVEN HUNDRED FORTY OF THE LABOR LAW,
AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT HE  OR  SHE  HAS
REASONABLE  CAUSE  TO  SUSPECT THAT A YOUTH HAS COMMITTED A CRIMINAL ACT
AND THAT EMPLOYEE THEREFORE MAKES  A  REPORT  IN  ACCORDANCE  WITH  THIS
TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH
OFFICE  SHALL  IMPOSE  ANY CONDITIONS, INCLUDING PRIOR APPROVAL OR PRIOR
NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT
UNDER THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY  TIME
THEREAFTER,  SUCH  PERSON  OR OFFICIAL MAY EXERCISE THE RIGHT TO REQUEST
THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION.
  2. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
REPORT  A  YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE COMMISSION OF
SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  3. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
REPORT  A  YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE COMMISSION OF
SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY
SUCH CONCEALMENT.
  4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  INCLUDE  INSTRUC-
TION  ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING REQUIRED
BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
  S 9. Subdivision 1 of section 510-c of the executive law,  as  amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  1.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may, SUBJECT
TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS  ARTICLE  AND
AFTER  A  COMPLETE  REVIEW  OF  THE  RECORDS  AND  THE FILES OF A CHILD,
discharge from its custody any child placed with the  [division]  OFFICE
whenever it deems such discharge to be in the best interest of the child
and  there  is  reasonable  probability that the child can be discharged
without endangering the public safety; provided, however, that no  child
while  absent from a division facility without the consent of the direc-
tor of such facility shall be discharged by the [division] OFFICE solely
by reason of the absence[, and]; provided further that no child  in  the
custody  of  the  division  and  transferred to the department of mental
hygiene, while absent from a department of mental hygiene facility with-
out the consent of the superintendent  or  director  of  such  facility,
shall  be  discharged  by  the  division; AND PROVIDED, FURTHER, THAT NO
CHILD SHALL BE DISCHARGED IF HIS OR HER RECORDS AND  FILES  INCLUDE  (A)
TWO  OR  MORE  LEVEL  C  RULE  VIOLATIONS WITHIN THREE MONTHS PRIOR TO A
PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR (B) FOUR OR MORE  LEVEL
B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A
LESS SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY

S. 5565                             8

SUCH  CHILD  WHICH WOULD CONSTITUTE A DESIGNATED FELONY CRIME DEFINED IN
THE PENAL LAW IF COMMITTED BY AN ADULT.
  S  10.  Section  837  of  the executive law is amended by adding a new
subdivision 19 to read as follows:
  19. ESTABLISH RULES AND REGULATIONS REQUIRING,  UPON  REQUEST  OF  THE
OPERATOR  OF  A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A  YOUTH  HAS  ABSENTED
HIMSELF  OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION,
THAT A POLICE OFFICER HAVING JURISDICTION ESCORT  AN  EMPLOYEE  OF  SUCH
FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI-
GATE  WHERE  SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST
THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO
THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED.
  S 11. Section 166 of the family  court  act  is  amended  to  read  as
follows:
  S  166.  Privacy  of records. (A) The records of any proceeding in the
family court shall not be  open  to  indiscriminate  public  inspection.
However,  the  court  in  its  discretion  in  any  case  may permit the
inspection of any papers or records. Any duly authorized agency, associ-
ation, society or institution to which a child is committed may cause an
inspection of the record of investigation to  be  had  and  may  in  the
discretion  of  the  court  obtain  a  copy of the whole or part of such
record.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT
OF A PERSON, WHO IS PLACED WITH OR  COMMITTED  TO  THE  CUSTODY  OF  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  SHALL  BE  OPEN  TO AND BE
PROVIDED:
  (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
ATED  BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED
AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
REHABILITATION OR GUIDANCE OF THE PERSON;
  (2) IN THE EVENT SUCH PERSON ENGAGES IN  CONDUCT  OR  COMMITS  AN  ACT
WHICH  WOULD  CONSTITUTE  A CRIME DEFINED IN THE PENAL LAW IF THE PERSON
WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE  COURT,
THE  PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY
UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING  TO  SUCH  CRIME;
AND
  (3)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE
FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 12. Section 720.35 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED
TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  BE
OPEN TO AND BE PROVIDED TO:
  (A)  THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED
BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE  OFFICE
OF  CHILDREN  AND  FAMILY  SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS
RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,  REHA-
BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER;
  (B)  IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE
PENAL LAW, TO  THE  COURT,  THE  DISTRICT  ATTORNEY,  AND  THE  YOUTHFUL

S. 5565                             9

OFFENDER'S  ATTORNEY  UPON  THE  FILING OF CHARGES AGAINST SUCH OFFENDER
RELATING TO SUCH CRIME; AND
  (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER
AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  S  13.  Section  725.15  of  the criminal procedure law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
S 725.15 Sealing of records.
  1. Except where specifically required or permitted by statute or  upon
specific  authorization  of the court that directed removal of an action
to the family court all official records and papers of the action up  to
and  including  the  order of removal, whether on file with the court, a
police agency or the division of criminal justice services,  are  confi-
dential  and  must  not  be  made  available  to any person or public or
private agency, provided however that availability of copies of any such
records and papers on file with the family court shall  be  governed  by
provisions that apply to family court records, and further provided that
all official records and papers of the action shall be included in those
records and reports that may be obtained upon request by the commission-
er of mental health or commissioner of [mental retardation and] develop-
mental  disabilities,  as  appropriate;  the  case review panel; and the
attorney general pursuant to section 10.05 of the mental hygiene law.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
ALL  OFFICIAL  RECORDS  AND  PAPERS  OF AN ACTION RELATING TO A JUVENILE
OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
SHALL BE OPEN TO AND BE PROVIDED:
  (A)  TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER-
ATED BY SUCH OFFICE OR NOT, IN WHICH  THE  OFFENDER  IS  PLACED  BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER;
  (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT  OR  COMMITS
AN  ACT  WHICH  WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE
OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,  TO
THE  COURT,  THE  PRESENTMENT  AGENCY  OR  DISTRICT  ATTORNEY,  AND SUCH
OFFENDER'S ATTORNEY UPON THE FILING  OF  CHARGES  AGAINST  THE  JUVENILE
OFFENDER RELATING TO SUCH CRIME; AND
  (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER
AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  S  14. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION  OF  THE
OFFICIAL  RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS
AND YOUTHFUL OFFENDERS  PURSUANT  TO  SUBDIVISION  (A)  OF  SECTION  ONE
HUNDRED  SIXTY-SIX  OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION
720.35 OF THE CRIMINAL PROCEDURE LAW, AND  SUBDIVISION  TWO  OF  SECTION
725.15 OF THE CRIMINAL PROCEDURE LAW.
  S  15.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.

S. 5565                            10

  S 16. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive  immediately,  any rules and regulations necessary to implement the
provisions of this act on  its  effective  date  are  authorized  to  be
promulgated, repealed and/or amended on or before such date.

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