S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4876
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. LENTOL, JAFFEE, HEASTIE, AUBRY, WEINSTEIN, PERRY,
   WEPRIN, FARRELL, HEVESI, O'DONNELL, LUPARDO, BLAKE, SEPULVEDA, MOSLEY,
   RAMOS,  HOOPER,  COOK,  ARROYO,  ORTIZ, RIVERA, PEOPLES-STOKES, TITUS,
   CRESPO, MOYA, KIM, ROZIC, SOLAGES, DAVILA, PICHARDO, BARRON, BICHOTTE,
   DILAN, JEAN-PIERRE,  JOYNER,  WALKER,  RICHARDSON,  SIMON,  ROSENTHAL,
   GOTTFRIED,  TITONE,  RODRIGUEZ,  FAHY -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the family  court  act,  in  relation  to  family  court
   proceedings,  jurisdiction  of  the  court, the definition of juvenile
   delinquent, the definition of a designated felony act, the  procedures
   regarding  the  adjustment  of  cases  from  criminal courts to family
   court, the age at which children may be tried as an adult for  various
   felonies,  and  the  manner in which courts handle juvenile delinquent
   cases; to  amend  the  social  services  law,  in  relation  to  state
   reimbursement  for  expenditures made by social services districts for
   various services; to amend the social services law, in relation to the
   definitions of juvenile delinquent and persons in need of supervision;
   to amend the penal law, in relation to the definition of  infancy  and
   the  authorized  dispositions,  sentences, and periods of post-release
   supervision for juvenile offenders; to amend chapter 3 of the laws  of
   1995,  enacting  the  sentencing  reform  act  of 1995, in relation to
   extending the expiration of certain provisions  of  such  chapter;  to
   amend  the  criminal  procedure  law, in relation to the definition of
   juvenile offender; to amend the criminal procedure law, in relation to
   the arrest of a juvenile offender without a warrant;  in  relation  to
   conditional  sealing of certain convictions; in relation to removal of
   certain proceedings  to  family  court;  in  relation  to  joinder  of
   offenses  and consolidation of indictments; in relation to appearances
   and hearings for and placements  of  certain  juvenile  offenders;  in
   relation  to raising the age for juvenile offender status; in relation
   to creating a youth part for certain  proceedings  involving  juvenile
   offenders;  to amend the correction law, in relation to requiring that
   no county jail be used for the confinement of persons under the age of
   eighteen; to amend the education law, in relation to certain contracts
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09030-04-7

 A. 4876                             2
 
   with the office of children and family services; to amend  the  educa-
   tion  law, in relation to the possession of a gun on school grounds by
   a student; to amend the executive law, in relation to persons in  need
   of  supervision  or  youthful  offenders; and to amend the vehicle and
   traffic law, in relation to convictions; and in  relation  to  suspen-
   sion,  revocation and reissuance of licenses and registrations; and to
   repeal certain provisions of the correction law relating to the  hous-
   ing of prisoners and other persons in custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
 family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
 amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
   § 2. Subdivision (e) of section 115 of the family court act, as  added
 by chapter 222 of the laws of 1994, is amended to read as follows:
   (e)  The  family  court  has concurrent jurisdiction with the criminal
 court over all family offenses as defined in article eight of  this  act
 AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
 OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF
 THE  CASE  TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW.
   § 3. Subdivision (b) of section  117  of  the  family  court  act,  as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   (b)  For  every juvenile delinquency proceeding under article three OF
 THIS ACT involving an allegation of an act committed by a person  which,
 if  done  by  an adult, would [be a crime (i) defined in sections 125.27
 (murder in the first degree); 125.25  (murder  in  the  second  degree);
 135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
 degree) of the penal law committed by a  person  thirteen,  fourteen  or
 fifteen  years of age; or such conduct committed as a sexually motivated
 felony, where authorized pursuant to section 130.91 of  the  penal  law;
 (ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
 (manslaughter in the first degree); 130.35 (rape in the  first  degree);
 130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in
 the second degree), but only where the abduction  involved  the  use  or
 threat  of  use  of  deadly  physical force; 150.15 (arson in the second
 degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
 committed  by  a  person  thirteen, fourteen or fifteen years of age; or
 such conduct committed as a sexually motivated felony, where  authorized
 pursuant  to section 130.91 of the penal law; (iii) defined in the penal
 law as an attempt to commit murder in the  first  or  second  degree  or
 kidnapping  in the first degree committed by a person thirteen, fourteen
 or fifteen years of age; or such conduct committed as a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
 subdivision  one  of  section  140.25  (burglary  in the second degree);
 subdivision two of section 160.10 (robbery in the second degree) of  the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such  firearm  is possessed on school grounds, as that phrase is defined
 in subdivision fourteen of section 220.00 of the penal law committed  by
 a  person fourteen or fifteen years of age; or such conduct committed as

 A. 4876                             3

 a sexually motivated felony, where authorized pursuant to section 130.91
 of the penal law; (v) defined in section 120.05 (assault in  the  second
 degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
 committed  by  a  person fourteen or fifteen years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly committed an act which, if committed by an adult, would be the  crime
 of  assault  in  the  second degree, robbery in the second degree or any
 designated felony act specified in clause (i), (ii)  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; or (vi) other than a misdemeanor, committed
 by a person at least seven but less than sixteen years of age, but  only
 where  there  has  been two prior findings by the court that such person
 has committed a prior act which, if committed by an  adult  would  be  a
 felony]  CONSTITUTE  A  DESIGNATED  FELONY ACT AS DEFINED IN SUBDIVISION
 EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
   (i) There is hereby established in the family court in the city of New
 York at least one "designated felony act part." Such part or parts shall
 be held separate from all other proceedings of the court, and shall have
 jurisdiction over all proceedings involving such an allegation THAT  ARE
 NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
 shall  be  originated in or be transferred to this part from other parts
 as they are made known to the court.
   (ii) Outside the city of New York, all proceedings involving  such  an
 allegation  shall  have a hearing preference over every other proceeding
 in the court, except proceedings under article ten OF THIS ACT.
   § 4. Subdivision 1 of section 301.2 of the family court act, as  added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person [over seven and less than
 sixteen years of age, who, having committed an act that would constitute
 a crime if committed by an adult, (a) is not criminally responsible  for
 such  conduct by reason of infancy, or (b) is the defendant in an action
 ordered removed from a criminal court to the family  court  pursuant  to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE  A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND DEGREE)
 OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
   (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF  AGE
 WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
 ADULT; OR
   (III) SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED A  VIOLATION  OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC  BEVERAGE  CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON SHALL ONLY
 BE DEEMED TO BE A JUVENILE  DELINQUENT  FOR  THE  PURPOSES  OF  IMPOSING
 LICENSE  SANCTIONS  IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 352.2
 OF THIS ARTICLE; AND
   (B) WHO IS EITHER:
   (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF  INFANCY;
 OR
   (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
 ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
 TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  5.  Subdivisions  8 and 9 of section 301.2 of the family court act,
 subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
 sion  9 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:

 A. 4876                             4
 
   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a crime: (i) defined in sections [125.27 (murder in the first
 degree);] 125.25 (murder in the second degree);  135.25  (kidnapping  in
 the  first  degree);  or 150.20 (arson in the first degree) of the penal
 law  committed by a person thirteen, fourteen [or], fifteen, SIXTEEN, OR
 SEVENTEEN years of age; or such conduct committed as  a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
 125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
 degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
 second  degree)  but only where the abduction involved the use or threat
 of use of deadly physical force; 150.15 (arson in the second degree)  or
 160.15  (robbery  in  the  first degree) of the penal law committed by a
 person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years  of
 age;  or  such  conduct  committed as a sexually motivated felony, where
 authorized pursuant to section 130.91 of the penal law; (iii) defined in
 the penal law as an attempt to commit murder  in  the  first  or  second
 degree or kidnapping in the first degree committed by a person thirteen,
 fourteen  [or],  fifteen,  SIXTEEN,  OR  SEVENTEEN years of age; or such
 conduct committed as  a  sexually  motivated  felony,  where  authorized
 pursuant  to  section  130.91  of the penal law; (iv) defined in section
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary in the second  degree);  subdivision  two  of  section  160.10
 (robbery  in  the  second degree) of the penal law; or section 265.03 of
 the penal law, where such machine gun or such firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of the penal  law  committed  by  a  person  fourteen  or
 fifteen  years of age; or such conduct committed as a sexually motivated
 felony, where authorized pursuant to section 130.91 of  the  penal  law;
 (v)  defined  in section 120.05 (assault in the second degree) or 160.10
 (robbery in the second degree) of the penal law committed  by  a  person
 fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly  committed an act which, if committed by an adult, would be the crime
 of assault in the second degree, robbery in the  second  degree  or  any
 designated felony act specified in paragraph (i), (ii), or (iii) of this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted by a person at least [seven] TWELVE but less than [sixteen] EIGHTEEN
 years  of  age,  but only where there has been two prior findings by the
 court that such person has committed a prior felony; OR (VII) DEFINED IN
 SECTION 460.22 (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25  (CRIME  OF
 TERRORISM);  490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
 ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL  USE  OF  A  CHEMICAL
 WEAPON  OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST  DEGREE);  120.11
 (AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A
 VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
 WEAPON  IN  THE  FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE
 FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST  DEGREE);
 490.35  (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40
 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
 SECOND  DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);

 A. 4876                             5

 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
 THE THIRD DEGREE) OF THE PENAL LAW; OR A FELONY SEX OFFENSE  AS  DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW.
   9.  "Designated  class  A  felony  act"  means a designated felony act
 [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
 CLASS A FELONY IF COMMITTED BY AN ADULT.
   §  6. Subdivision 1 of section 302.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. The family court  has  exclusive  original  jurisdiction  over  any
 proceeding  to  determine  whether  a  person  is  a juvenile delinquent
 COMMENCED IN FAMILY COURT AND CONCURRENT  JURISDICTION  WITH  THE  YOUTH
 PART  OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY
 COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
 PROCEDURE LAW.
   §  6-a.  Section  302.1 of the family court act is amended by adding a
 new subdivision 3 to read as follows:
   3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE  OUT  OF  THE  SAME
 TRANSACTION  OR  OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE
 RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME.  NOTHING
 HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING  JURISDIC-
 TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
 FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
 A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
   § 7. Section 304.1 of the family court act, as added by chapter 920 of
 the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
 1987, is amended to read as follows:
   § 304.1. Detention. 1. A facility certified by the state [division for
 youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
 facility must be operated in conformity  with  the  regulations  of  the
 state  [division  for  youth  and shall be subject to the visitation and
 inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
 FAMILY SERVICES.
   2.  No child to whom the provisions of this article may apply shall be
 detained in any prison, jail, lockup, or other  place  used  for  adults
 convicted  of  crime  or under arrest and charged with crime without the
 approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES in the case of each child and  the  statement  of  its  reasons
 therefor.   The state [division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES shall promulgate and publish the rules which it shall apply  in
 determining whether approval should be granted pursuant to this subdivi-
 sion.
   3.  [The  detention  of  a  child  under  ten years of age in a secure
 detention facility shall not be directed under any of the provisions  of
 this article.
   4.] A detention facility which receives a child under subdivision four
 of  section  305.2  shall immediately notify the child's parent or other
 person legally responsible for his OR  HER  care  or,  if  such  legally
 responsible  person  is  unavailable  the  person  with  whom  the child
 resides, that he OR SHE has been placed in detention.
   § 8. Subdivision 1 of section 304.2 of the family court act, as  added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue  a  temporary  order  of  protection against a respondent for good
 cause shown, ex parte or upon notice, at any time after  a  juvenile  is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-

 A. 4876                             6
 
 ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
 filing of a petition pursuant to section 310.1.
   §  9. Subdivision 1 of section 305.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. A private person may take a child [under the age  of  sixteen]  WHO
 MAY  BE  SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT
 THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases  in
 which  [he]  SUCH  PRIVATE  PERSON may arrest an adult for a crime under
 section 140.30 of the criminal procedure law.
   § 10. Subdivision 2 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   2. An officer may take a child [under the age of sixteen] WHO  MAY  BE
 SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE FOR COMMITTING AN ACT THAT
 WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
 in cases in which [he] THE OFFICER may arrest a person for a crime under
 article one hundred forty of the criminal procedure law.
   § 11. Paragraph (b) of subdivision 4 of section 305.2  of  the  family
 court  act, as amended by chapter 492 of the laws of 1987, is amended to
 read as follows:
   (b) forthwith and with all reasonable speed take the  child  directly,
 and  without  his  first being taken to the police station house, to the
 family court located in the county in  which  the  act  occasioning  the
 taking  into  custody allegedly was committed, OR, WHEN THE FAMILY COURT
 IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
 BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
 MENT TO CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART,  unless  the
 officer  determines that it is necessary to question the child, in which
 case he OR SHE may take the child to a facility designated by the  chief
 administrator  of  the courts as a suitable place for the questioning of
 children or, upon the consent  of  a  parent  or  other  person  legally
 responsible  for  the  care  of  the child, to the child's residence and
 there question him OR HER for a reasonable period of time; or
   § 12. Subdivision 1 of section 306.1  of  the  family  court  act,  as
 amended  by  chapter  645  of  the  laws  of 1996, is amended to read as
 follows:
   1. Following the arrest of a child alleged to  be  a  juvenile  delin-
 quent, or the filing of a delinquency petition involving a child who has
 not  been  arrested,  the  arresting officer or other appropriate police
 officer or agency shall take or cause to be taken fingerprints  of  such
 child if:
   (a)  the  child is eleven years of age or older and the crime which is
 the subject of the arrest or which is charged in  the  petition  consti-
 tutes a class [A or B] A-1 felony; [or]
   (b)  THE  CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME WHICH IS
 THE SUBJECT OF THE ARREST OR WHICH IS CHARGED IN  THE  PETITION  CONSTI-
 TUTES A CLASS A OR B FELONY; OR
   (C) the child is thirteen years of age or older and the crime which is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class C, D or E felony.
   § 13. Section 307.3 of the family court act, as added by  chapter  920
 of  the  laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
 the laws of 1987, is amended to read as follows:
   § 307.3. Rules of court authorizing release before filing of petition.
 1. The agency responsible for operating a detention facility pursuant to
 section two hundred eighteen-a of the county law, five  hundred  [ten-a]
 THREE  of the executive law or other applicable provisions of law, shall

 A. 4876                             7
 
 release a child in custody before the filing of a petition to the custo-
 dy of his OR HER parents or other person legally responsible for his  OR
 HER  care,  or  if  such legally responsible person is unavailable, to a
 person  with  whom  he  OR  SHE resides, when the events occasioning the
 taking into custody do not appear to involve allegations that the  child
 committed a delinquent act.
   2.  When practicable such agency may release a child before the filing
 of a petition to the custody of his  OR  HER  parents  or  other  person
 legally  responsible for his OR HER care, or if such legally responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations
 that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
 AGENCY MUST RELEASE THE CHILD IF:
   (A) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (II)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
 ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN  ACT  THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   3. If a child is released under this section, the child and the person
 legally  responsible  for his OR HER care shall be issued a family court
 appearance ticket in accordance with section 307.1.
   4. If the agency for any reason does not release a  child  under  this
 section,  such  child  shall  be brought   before the appropriate family
 court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
 BLE MAGISTRATE, IF ANY, DESIGNATED BY  THE  APPELLATE  DIVISION  OF  THE
 SUPREME  COURT  IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
 SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE  IS  NOT  AVAIL-
 ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
 ty-two hours or the next day the court is in session, whichever is soon-
 er.  Such  agency  shall  thereupon  file  an  application  for an order
 pursuant to section 307.4 and shall forthwith serve a copy of the appli-
 cation upon the appropriate presentment agency. Nothing in this subdivi-
 sion shall preclude the adjustment of suitable cases pursuant to section
 308.1.
   § 14.  Section 308.1 of the family court act, as added by chapter  920
 of  the laws of 1982, subdivision 2 as amended by section 3 of part V of

 A. 4876                             8
 
 chapter 55 of the laws of 2012, subdivision 4 as amended by chapter  264
 of  the  laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of
 the laws of 1983, and subdivision 6 as amended by  chapter  663  of  the
 laws of 1985, is amended to read as follows:
   §  308.1.  [Rules  of  court  for  preliminary] PRELIMINARY procedure;
 ADJUSTMENT OF CASES. 1. [Rules of court shall  authorize  and  determine
 the circumstances under which the] THE probation service may confer with
 any  person  seeking  to have a juvenile delinquency petition filed, the
 potential respondent and other interested persons concerning the  advis-
 ability  of  requesting that a petition be filed IN ACCORDANCE WITH THIS
 SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN of this section, the probation service  [may,  in  accordance  with
 rules  of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE before
 a petition is filed. SUCH ATTEMPTS MAY INCLUDE THE  USE  OF  A  JUVENILE
 REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE
 CHILD  AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIV-
 ITIES.  THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A  CASE
 IF  IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD
 WILL BENEFIT FROM ATTEMPTS AT  ADJUSTMENT  IN  THE  TIME  REMAINING  FOR
 ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (B)  The  inability  of  the  respondent  or his or her family to make
 restitution shall not be a factor in a decision to adjust a case or in a
 recommendation to the presentment agency pursuant to subdivision six  of
 this section.
   (C)  Nothing  in  this section shall prohibit the probation service or
 the court from directing a respondent to obtain employment and  to  make
 restitution  from  the  earnings  from  such employment. Nothing in this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
 COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
 designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
 PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
 received the written approval of the court.
   4. The probation service shall not ATTEMPT TO adjust a case  in  which
 the  child  has  allegedly  committed  a delinquent act which would be a
 crime defined in section 120.25, (reckless  endangerment  in  the  first
 degree),  subdivision one of section 125.15, (manslaughter in the second
 degree), subdivision one of section 130.25, (rape in the third  degree),
 subdivision  one  of  section  130.40, (criminal sexual act in the third
 degree), subdivision one or two of section 130.65, (sexual abuse in  the
 first  degree),  section 135.65, (coercion in the first degree), section
 140.20, (burglary in the third degree), section 150.10,  (arson  in  the
 third  degree),  section 160.05, (robbery in the third degree), subdivi-
 sion two[,] OR three [or four] of section 265.02,  (criminal  possession
 of  a  weapon in the third degree), section 265.03, (criminal possession
 of a  weapon  in  the  second  degree),  or  section  265.04,  (criminal
 possession of a [dangerous] weapon in the first degree) of the penal law
 where  the child has previously had one or more adjustments of a case in
 which such child allegedly committed an act which would be a crime spec-
 ified in this subdivision unless it has received written  approval  from
 the court and the appropriate presentment agency.
   5. The fact that a child is detained prior to the filing of a petition
 shall  not  preclude  the  probation service from adjusting a case; upon

 A. 4876                             9
 
 adjusting such a case the probation service shall notify  the  detention
 facility to release the child.
   6.  The  probation service shall not transmit or otherwise communicate
 to the presentment agency any statement made by the child to a probation
 officer. However,  the  probation  service  may  make  a  recommendation
 regarding  adjustment  of the case to the presentment agency and provide
 such information, including any report made by the arresting officer and
 record of previous adjustments and arrests, as it shall deem relevant.
   7. No statement made to the probation service prior to the filing of a
 petition may be admitted into evidence at a fact-finding hearing or,  if
 the  proceeding is transferred to a criminal court, at any time prior to
 a conviction.
   8. The probation service may not prevent  any  person  who  wishes  to
 request  that  a petition be filed from having access to the appropriate
 presentment agency for that purpose.
   9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
 section  may  not extend for a period of more than two months [without],
 OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
 DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
 BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
 MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
 may extend the ADJUSTMENT period for an additional two months.
   10.  If  a case is not adjusted by the probation service, such service
 shall notify the appropriate presentment  agency  of  that  fact  within
 forty-eight hours or the next court day, whichever occurs later.
   11.  The probation service may not be authorized under this section to
 compel any person to appear at any conference, produce  any  papers,  or
 visit any place.
   12.  The  probation  service shall certify to the division of criminal
 justice services  and  to  the  appropriate  police  department  or  law
 enforcement  agency  whenever  it  adjusts a case in which the potential
 respondent's fingerprints were taken pursuant to section  306.1  in  any
 manner  other than the filing of a petition for juvenile delinquency for
 an act which, if committed by  an  adult,  would  constitute  a  felony,
 provided,  however,  in  the case of a child [eleven or] twelve years of
 age, such certification shall be made only if the act would constitute a
 class A or B felony, OR, IN THE CASE OF A CHILD  ELEVEN  YEARS  OF  AGE,
 SUCH  CERTIFICATION  SHALL  BE  MADE  ONLY IF THE ACT WOULD CONSTITUTE A
 CLASS A-1 FELONY.
   13. The [provisions of  this  section]  PROBATION  SERVICE  shall  not
 [apply]  ATTEMPT  TO  ADJUST  A  CASE  where the petition is an order of
 removal to the family court pursuant to article  seven  hundred  twenty-
 five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
 APPROVAL OF THE COURT.
   14. WHERE WRITTEN APPROVAL IS REQUIRED PRIOR TO  ADJUSTMENT  ATTEMPTS,
 THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
   §  15.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
 court act, as added by chapter 920 of the laws of 1982,  is  amended  to
 read as follows:
   (c)  the fact that the respondent is a person [under sixteen years of]
 OF THE NECESSARY age TO BE A JUVENILE DELINQUENT  at  the  time  of  the
 alleged act or acts;
   § 16. Subdivision 1 of section 320.5 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  At  the  initial  appearance,  the court in its discretion may (A)
 release the respondent or (B) direct his detention.

 A. 4876                            10
 
   § 17. Subdivision 3 of section  320.5  of  the  family  court  act  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
 SHALL NOT DIRECT DETENTION IF:
   (I) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II)  SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  CHILD  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT  THAT
 WOULD  CONSTITUTE  A  MISDEMEANOR  IF COMMITTED BY AN ADULT AND THAT ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   § 18. Subdivision 5 of section 322.2 of the family court act, as added
 by chapter 920 of the laws of 1982, paragraph (a) as amended by  chapter
 37 of the laws of 2016 and paragraph (d) as amended by chapter 41 of the
 laws of 2010, is amended to read as follows:
   5.    (a)  If  the court finds that there is probable cause to believe
 that the respondent committed a felony, it shall  order  the  respondent
 committed  to  the  custody  of the commissioner of mental health or the
 commissioner of THE OFFICE FOR PEOPLE  WITH  developmental  disabilities
 for  an  initial  period  not  to  exceed one year from the date of such
 order. Such period may be extended annually upon further application  to
 the  court  by  the  commissioner having custody or his or her designee.
 Such application must be made not more than  sixty  days  prior  to  the
 expiration  of  such  period  on  forms that have been prescribed by the
 chief administrator of the courts. At that time, the  commissioner  must
 give  written  notice  of the application to the respondent, the counsel
 representing the respondent and the mental hygiene legal service if  the
 respondent  is  at a residential facility. Upon receipt of such applica-
 tion, the court must conduct a hearing to determine the issue of capaci-
 ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
 vision, the court finds that the respondent is no longer  incapacitated,
 he  or she shall be returned to the family court for further proceedings
 pursuant to this article. If the court is satisfied that the  respondent
 continues  to  be  incapacitated,  the  court  shall authorize continued
 custody of the respondent by the commissioner for a period not to exceed
 one year. Such extensions shall not continue beyond a reasonable  period
 of  time  necessary  to determine whether the respondent will attain the
 capacity to proceed to a fact finding hearing in the foreseeable  future

 A. 4876                            11
 
 but in no event shall continue beyond the respondent's eighteenth birth-
 day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
 WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
   (b)  If  a  respondent  is in the custody of the commissioner upon the
 respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
 SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
 MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
 commissioner shall notify the clerk of the court that the respondent was
 in his custody on such date and the court shall dismiss the petition.
   (c)  If  the  court finds that there is probable cause to believe that
 the respondent has committed a designated felony act,  the  court  shall
 require  that treatment be provided in a residential facility within the
 appropriate office of the department of mental hygiene.
   (d) The commissioner shall review  the  condition  of  the  respondent
 within  forty-five days after the respondent is committed to the custody
 of the commissioner. He or she shall make a second review within  ninety
 days  after the respondent is committed to his or her custody. Thereaft-
 er, he or she shall review the condition of the respondent every  ninety
 days.  The respondent and the counsel for the respondent, shall be noti-
 fied  of  any  such  review and afforded an opportunity to be heard. The
 commissioner having custody shall  apply  to  the  court  for  an  order
 dismissing  the  petition  whenever he or she determines that there is a
 substantial probability that the respondent will continue to be incapac-
 itated for the foreseeable future. At the time of such  application  the
 commissioner must give written notice of the application to the respond-
 ent,  the presentment agency and the mental hygiene legal service if the
 respondent is at a residential facility. Upon receipt of  such  applica-
 tion,  the  court  may  on its own motion conduct a hearing to determine
 whether there  is  substantial  probability  that  the  respondent  will
 continue  to  be  incapacitated  for the foreseeable future, and it must
 conduct such hearing if a demand therefor is made by the  respondent  or
 the  mental  hygiene  legal  service  within ten days from the date that
 notice of the application was given to them. The respondent may apply to
 the court for an order of dismissal on the same ground.
   § 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 5  as  added  by chapter 920 of the laws of 1982, are amended to read as
 follows:
   1. At the initial  appearance,  if  the  respondent  denies  a  charge
 contained  in  the  petition and the court determines IN ACCORDANCE WITH
 THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE  RESPONDENT
 shall  be detained for more than three days pending a fact-finding hear-
 ing, the court shall schedule a probable-cause hearing to determine  the
 issues specified in section 325.3 OF THIS PART.
   5.  Where  the  petition  consists  of an order of removal pursuant to
 article seven hundred twenty-five of the criminal procedure law,  unless
 the  removal was pursuant to subdivision three of section 725.05 of such
 law and the respondent was not afforded a probable cause hearing [pursu-
 ant to subdivision three of section 180.75 of  such  law  for  a  reason
 other  than  his  waiver  thereof pursuant to subdivision two of section
 180.75 of such law], the petition shall be deemed to  be  based  upon  a
 determination  that probable cause exists to believe the respondent is a
 juvenile delinquent and the respondent shall  not  be  entitled  to  any
 further  inquiry  on the subject of whether probable cause exists. After
 the filing of any such petition the court must, however, exercise  inde-

 A. 4876                            12
 
 pendent,  de novo discretion with respect to release or detention as set
 forth in section 320.5.
   §  20.  Subdivisions 1 and 2 of section 340.2 of the family court act,
 as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
 follows:
   1.  [The]  EXCEPT  WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
 THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT  TO  ARTICLE
 SEVEN  HUNDRED  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
 presides at the commencement of the fact-finding hearing shall  continue
 to preside until such hearing is concluded and an order entered pursuant
 to section 345.1 OF THIS PART unless a mistrial is declared.
   2.  The  judge  who presides at the fact-finding hearing or accepts an
 admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
 other subsequent hearing in the proceeding, including but not limited to
 the dispositional hearing EXCEPT WHERE THE CASE  IS  REMOVED  TO  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
   § 21. Subdivision 2 of section 351.1  of  the  family  court  act,  as
 amended  by  chapter  880  of  the  laws  of 1985, is amended to read as
 follows:
   2. Following a determination that a respondent committed a  crime  and
 prior  to  the  dispositional hearing, the court shall order a probation
 investigation, A RISK AND NEEDS ASSESSMENT, and may order  a  diagnostic
 assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
 SHALL  RECOMMEND  TO  THE  COURT  THAT THE RESPONDENT PARTICIPATE IN ANY
 SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND  ADDRESS  INDIVIDUAL
 NEEDS.
   §  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
 court act, as amended by chapter 880 of the laws of 1985, is amended  to
 read as follows:
   (a)  In  determining an appropriate order the court shall consider the
 needs and best interests of the respondent  as  well  as  the  need  for
 protection  of  the  community. If the respondent has committed a desig-
 nated felony act the court shall determine the  appropriate  disposition
 in  accord  with section 353.5. In all other cases the court shall order
 the least restrictive available alternative  enumerated  in  subdivision
 one  OF  THIS SECTION which is consistent with the needs and best inter-
 ests of the respondent and the need for  protection  of  the  community;
 PROVIDED,  HOWEVER,  THAT  THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
 RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES IF:
   (I) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II)  SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;

 A. 4876                            13
 
   (2)  THE  CHILD  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
 WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   §  22-a.  Section 352.2 of the family court act is amended by adding a
 new subdivision 4 to read as follows:
   4. WHERE A YOUTH RECEIVES  A  JUVENILE  DELINQUENCY  ADJUDICATION  FOR
 CONDUCT  COMMITTED  WHEN  THE  YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
 CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION  OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC  BEVERAGE  CONTROL  LAW,  THE  COURT SHALL NOTIFY THE COMMISSIONER OF
 MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES  A  JUVENILE
 DELINQUENCY  ADJUDICATION  FOR CONDUCT THAT WOULD CONSTITUTE A VIOLATION
 OF ANY OTHER PROVISION OF LAW WHICH  ALLOWS  FOR  THE  IMPOSITION  OF  A
 LICENSE  AND  REGISTRATION  SANCTION, THE COURT SHALL NOTIFY THE COMMIS-
 SIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE  THE
 POWER  TO  IMPOSE  ANY  SUSPENSION  OR REVOCATION OF DRIVING PRIVILEGES,
 IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION  PROGRAM,
 VICTIM  IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM ASSIST-
 ANCE FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF  A
 CRIME  UNDER  THE  VEHICLE  AND  TRAFFIC  LAW, OR AN OFFENSE FOR WHICH A
 LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
 ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
   § 23. Paragraph (a) of subdivision 1 and paragraphs  (f)  and  (h)  of
 subdivision 2 of section 353.2 of the family court act, paragraph (a) of
 subdivision  1  as  added by chapter 920 of the laws of 1982, paragraphs
 (f) and (h) of subdivision 2 as amended by chapter 124 of  the  laws  of
 1993, are amended to read as follows:
   (a)  placement  of respondent is not or may not be necessary OR ALLOW-
 ABLE;
   (f) make restitution or perform services for the public good  pursuant
 to  section 353.6, provided the respondent is over [ten] TWELVE years of
 age;
   (h) comply with such other reasonable conditions as  the  court  shall
 determine to be necessary or appropriate to ameliorate the conduct which
 gave rise to the filing of the petition or to prevent placement with the
 commissioner  of  social  services or the [division for youth] OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   § 23-a. Paragraph (e) of subdivision 2 of section 353.2 of the  family
 court  act, as amended by chapter 124 of the laws of 1993, is amended to
 read as follows:
   (e) co-operate with a mental health, social services or  other  appro-
 priate community facility or agency to which the respondent is referred,
 INCLUDING  A  FAMILY  SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   § 23-b. Subdivision 3 of section 353.2 of the  family  court  act,  as
 added  by  chapter  920 of the laws of 1982, paragraph (f) as amended by
 chapter 465 of the laws of 1992, is amended to read as follows:
   3. When ordering a period of probation, the court may, as a  condition
 of such order, further require that the respondent:

 A. 4876                            14
 
   (a) meet with a probation officer when directed to do so by that offi-
 cer and permit the officer to visit the respondent at home or elsewhere;
   (b) permit the probation officer to obtain information from any person
 or  agency  from whom respondent is receiving or was directed to receive
 diagnosis, treatment or counseling;
   (c) permit the  probation  officer  to  obtain  information  from  the
 respondent's school;
   (d)  co-operate with the probation officer in seeking to obtain and in
 accepting employment, and supply records and reports of earnings to  the
 officer when requested to do so; AND
   (e)  obtain permission from the probation officer for any absence from
 respondent's residence in excess of two weeks[; and
   (f) with the consent of the division  for  youth,  spend  a  specified
 portion of the probation period, not exceeding one year, in a non-secure
 facility  provided  by  the division for youth pursuant to article nine-
 teen-G of the executive law].
   § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
 paragraph (d) of subdivision 4 of section 353.5 of the family court act,
 as amended by section 6 of subpart A of part G of chapter 57 of the laws
 of 2012, are amended to read as follows:
   after the period set under subparagraph (ii) of  this  paragraph,  the
 respondent  shall  be  placed  in a residential facility for a period of
 twelve months; provided, however, that if the respondent has been placed
 from a family court in a social services district operating an  approved
 juvenile  justice  services close to home initiative pursuant to section
 four hundred four of the social services law FOR AN ACT  COMMITTED  WHEN
 THE  RESPONDENT  WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
 subparagraph (ii) of this paragraph are met:
   (d) Upon the expiration of the initial period  of  placement,  or  any
 extension  thereof,  the  placement  may  be extended in accordance with
 section 355.3 on a petition of any party or the office of  children  and
 family services, or, if applicable, a social services district operating
 an  approved juvenile justice services close to home initiative pursuant
 to section four hundred four of the social services law, after a  dispo-
 sitional  hearing, for an additional period not to exceed twelve months,
 but no initial placement or extension of placement  under  this  section
 may  continue  beyond the respondent's twenty-first birthday, OR, FOR AN
 ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR
 OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   §  25.  Paragraph  (d) of subdivision 4 of section 353.5 of the family
 court act, as amended by chapter 398 of the laws of 1983, is amended  to
 read as follows:
   (d)  Upon  the  expiration  of the initial period of placement, or any
 extension thereof, the placement may  be  extended  in  accordance  with
 section  355.3  on  a  petition of any party or the [division for youth]
 OFFICE OF CHILDREN AND FAMILY SERVICES after  a  dispositional  hearing,
 for  an  additional  period  not to exceed twelve months, but no initial
 placement or extension of placement  under  this  section  may  continue
 beyond  the  respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS
 COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF  AGE  OR  OLDER,  THE
 RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   §  26.  The opening paragraph of subdivision 1 of section 353.6 of the
 family court act, as amended by chapter 877 of  the  laws  of  1983,  is
 amended to read as follows:
   At  the  conclusion  of  the  dispositional hearing in cases involving
 respondents over [ten] TWELVE years of age the court may:

 A. 4876                            15
 
   § 27. Section 354.1 of the family court act, as added by  chapter  920
 of  the  laws of 1982, subdivisions 2, 6 and 7 as amended by chapter 645
 of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
 the laws of 1983, is amended to read as follows:
   §  354.1. Retention and destruction of fingerprints of persons alleged
 to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
 prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
 initially fingerprinted as a juvenile offender and the action is  subse-
 quently  removed  to  a  family  court pursuant to article seven hundred
 twenty-five of the criminal procedure law is adjudicated to be  a  juve-
 nile delinquent for a felony, the family court shall forward or cause to
 be  forwarded  to the division of criminal justice services notification
 of such adjudication and such related information as may be required  by
 such  division,  provided,  however,  in the case of a person eleven [or
 twelve] years of age such notification shall be provided only if the act
 upon which the adjudication is based would constitute a class [A  or  B]
 A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
 CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
 BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
   2. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently removed to family court
 pursuant to article seven hundred twenty-five of the criminal  procedure
 law  has had all petitions disposed of by the family court in any manner
 other than an adjudication of juvenile delinquency for a felony, but  in
 the case of acts committed when such person was eleven [or twelve] years
 of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
 THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
 WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
 prints, palmprints, photographs, and copies thereof, and all information
 relating to such  allegations  obtained  by  the  division  of  criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The  clerk of the court shall notify the commissioner of the division of
 criminal justice services and the heads of all  police  departments  and
 law  enforcement  agencies  having  copies  of  such  records, who shall
 destroy such records without unnecessary delay.
   3. If the appropriate presentment agency does not originate a proceed-
 ing under section 310.1 for a case in which the  potential  respondent's
 fingerprints were taken pursuant to section 306.1, the presentment agen-
 cy shall serve a certification of such action upon the division of crim-
 inal justice services, and upon the appropriate police department or law
 enforcement agency.
   4.  If,  following the taking into custody of a person alleged to be a
 juvenile delinquent and the taking and forwarding  to  the  division  of
 criminal  justice  services  of  such person's fingerprints but prior to
 referral to the probation department or to the family court, an  officer
 or  agency,  elects not to proceed further, such officer or agency shall
 serve a certification of such election upon  the  division  of  criminal
 justice services.
   5.  Upon certification pursuant to subdivision twelve of section 308.1
 or subdivision three or four of this section, the department  or  agency
 shall  destroy  forthwith all fingerprints, palmprints, photographs, and
 copies thereof, and all other information obtained in the case  pursuant
 to  section  306.1.  Upon receipt of such certification, the division of
 criminal justice services and all police departments and law enforcement
 agencies having copies of such records shall destroy them.

 A. 4876                            16
 
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
 acts  committed  when  such a person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE  A  CLASS  A OR B FELONY ONLY, is subsequently convicted of a
 crime, all fingerprints and related information obtained by the division
 of criminal justice services pursuant to such section and not  destroyed
 pursuant  to  subdivisions  two, five and seven or subdivision twelve of
 section 308.1 shall become part of such division's permanent adult crim-
 inal record for that person, notwithstanding section 381.2 or 381.3.
   7. When a person fingerprinted pursuant to section  306.1  and  subse-
 quently  adjudicated a juvenile delinquent for a felony, but in the case
 of acts committed when such person was eleven [or twelve] years  of  age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
 has  been  discharged  from  placement under this act for at least three
 years, whichever occurs later, and has no criminal convictions or  pend-
 ing   criminal   actions   which  ultimately  terminate  in  a  criminal
 conviction,  all  fingerprints,  palmprints,  photographs,  and  related
 information and copies thereof obtained pursuant to section 306.1 in the
 possession  of  the  division  of  criminal justice services, any police
 department,  law  enforcement  agency  or  any  other  agency  shall  be
 destroyed  forthwith.  The  division  of criminal justice services shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion pursuant to section 306.1 of  their  obligation  to  destroy  those
 records  in  their  possession. In the case of a pending criminal action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   § 28. Subdivisions 1 and 6 of section 355.3 of the family  court  act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 6  as amended by chapter 663 of the laws of 1985, are amended to read as
 follows:
   1. In any case in which the respondent has  been  placed  pursuant  to
 section  353.3  the  respondent, the person with whom the respondent has
 been placed, the commissioner of social services, or the  [division  for
 youth]  OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
 extend such placement. Such petition shall be filed at least sixty  days
 prior  to  the  expiration  of  the period of placement, except for good
 cause shown but in no event shall  such  petition  be  filed  after  the
 original expiration date.
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without  the  child's  consent  FOR  ACTS  COMMITTED
 BEFORE  THE  RESPONDENT'S  SIXTEENTH  BIRTHDAY  and in no event past the
 child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
 OF SECTION 353.5.
   § 29. Subdivision 5 of section 355.4 of the family court act, as added
 by chapter 479 of the laws of 1992, is amended to read as follows:
   5. Nothing in this section shall: REQUIRE  THAT  CONSENT  BE  OBTAINED
 FROM  THE  YOUTH'S  PARENT  OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
 MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR  THE
 YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
 a  youth from consenting on his or her own behalf to any medical, dental
 or mental health service and treatment where otherwise authorized by law

 A. 4876                            17
 
 to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF  CHIL-
 DREN  AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning
 the court pursuant to section two hundred thirty-three of this  act,  as
 appropriate.
   §  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
 court act, as amended by chapter 145 of the laws of 2000, is amended  to
 read as follows:
   (b)  subsequent  permanency hearings shall be held no later than every
 twelve months following the respondent's initial twelve months in place-
 ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
 provided, however, that they shall be held in conjunction with an exten-
 sion  of placement hearing held pursuant to section 355.3 of this [arti-
 cle] PART.
   § 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
 as  added  by  chapter  920  of the laws of 1982, are amended to read as
 follows:
   2. At the time of his OR HER first appearance following the filing  of
 a petition of violation the court must: (a) advise the respondent of the
 contents of the petition and furnish him OR HER with a copy thereof; (b)
 determine whether the respondent should be released or detained pursuant
 to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
 A  RESPONDENT  TO  BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
 NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
 MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
 SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
 RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
 FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
 ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
 SUCCESS; and (c) ask the respondent whether he OR SHE wishes to make any
 statement  with  respect  to  the  violation.  If the respondent makes a
 statement, the court may accept it and base its  decision  thereon;  the
 provisions  of subdivision two of section 321.3 shall apply in determin-
 ing whether a statement should be accepted. If the court does not accept
 such statement or if the respondent does not make a statement, the court
 shall proceed with the hearing. Upon request, the court  shall  grant  a
 reasonable adjournment to the respondent to enable him OR HER to prepare
 for the hearing.
   6.  At the conclusion of the hearing the court may revoke, continue or
 modify the order of probation or conditional  discharge.  If  the  court
 revokes  the  order,  it shall order a different disposition pursuant to
 section 352.2, PROVIDED, HOWEVER, THAT NOTHING  HEREIN  SHALL  AUTHORIZE
 THE  PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD
 NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
 MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
 SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
 RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
 FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
 ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
 SUCCESS.    If the court continues the order of probation or conditional
 discharge, it shall dismiss the petition of violation.
   § 32.  Subdivisions (d) and (i) of section 712  of  the  family  court
 act,  subdivision (d) as amended by chapter 920 of the laws of 1982, and
 subdivision (i) as amended by chapter  38  of  the  laws  of  2014,  are
 amended  and  two  new  subdivisions  (d-1) and (n) are added to read as
 follows:

 A. 4876                            18
 
   (d) "Non-secure detention facility". [A facility characterized by  the
 absence  of  physically  restricting  construction,  hardware and proce-
 dures.] A FOSTER CARE PROGRAM CERTIFIED BY THE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING HOME, OR IN A
 CITY HAVING A POPULATION OF FIVE MILLION OR MORE, A FOSTER CARE FACILITY
 ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL SERVICES LAW.
   (D-1)  "DETENTION  FACILITY".  A  FOSTER CARE PROGRAM CERTIFIED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY
 BOARDING HOME, OR IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE,
 A FOSTER CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL
 SERVICES LAW.
   (i) "Diversion services". Services provided to children  and  families
 pursuant  to  section  seven hundred thirty-five of this article for the
 purpose of avoiding the need to file a petition or direct the  detention
 of  the child. Diversion services shall include: efforts to adjust cases
 pursuant to this article before a petition is filed, or by order of  the
 court,   [after  the  petition  is  filed  but  before  fact-finding  is
 commenced;] AT ANY TIME; and preventive services provided in  accordance
 with section four hundred nine-a of the social services law to avert the
 placement  of  the child into foster care, including crisis intervention
 and respite services.   Diversion services may also  include,  in  cases
 where  any  person  is  seeking to file a petition that alleges that the
 child has a substance use disorder or is in need of immediate  detoxifi-
 cation  or  substance use disorder services, an assessment for substance
 use  disorder;  provided,  however,  that  notwithstanding   any   other
 provision  of  law to the contrary, the designated lead agency shall not
 be required to pay for all or any portion of the costs of  such  assess-
 ment  or  substance  use  disorder or detoxification services, except in
 cases where medical assistance for needy persons may be used to pay  for
 all or any portion of the costs of such assessment or services.
   (N)  "FAMILY  SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT TO TITLE
 TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
   § 33. Section 720 of the family court act, as amended by  chapter  419
 of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
 of subdivision 5 as added by section 8 of part G of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   §  720. Detention. 1. No child to whom the provisions  of this article
 may apply, shall be detained in any prison, jail, lockup, or other place
 used for adults convicted of crime or under arrest and  charged  with  a
 crime.
   2.  The  detention of a child in a secure detention facility shall not
 be directed under any of the provisions of this article.
   3. Detention of a person alleged to be or adjudicated as a  person  in
 need  of  supervision  shall,  except as provided in subdivision four of
 this section, be authorized only in a foster care program  certified  by
 the  office  of children and family services, or a certified or approved
 family boarding home, [or a non-secure detention facility  certified  by
 the  office] and in accordance with section seven hundred thirty-nine of
 this article. The setting of the detention shall take into  account  (a)
 the  proximity  to  the  community  in which the person alleged to be or
 adjudicated as a person in need of supervision lives with such  person's
 parents or to which such person will be discharged, and (b) the existing
 educational  setting of such person and the proximity of such setting to
 the location of the detention setting.

 A. 4876                            19
 
   4. Whenever detention is authorized and ordered pursuant to this arti-
 cle, for a person alleged to be or adjudicated as a person  in  need  of
 supervision, a family court in a city having a population of one million
 or  more  shall,  notwithstanding  any  other  provision  of law, direct
 detention  in a foster care facility established and maintained pursuant
 to the social services law. In all other respects, the detention of such
 a person in a foster care facility shall be  subject  to  the  identical
 terms  and conditions for detention as are set forth in this article and
 in section two hundred thirty-five of this act.
   5. (a) The court shall not order or direct detention under this  arti-
 cle, unless the court determines that there is no substantial likelihood
 that  the  youth  and  his  or  her family will continue to benefit from
 diversion services, AND THAT CONTINUATION  IN  THE  HOME  WOULD  NOT  BE
 APPROPRIATE  BECAUSE  SUCH CONTINUATION WOULD (A) CONTINUE OR WORSEN THE
 CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR  THAT  CREATED  THE
 NEED  FOR  A  PETITION  TO  BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE
 CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
 detention have been exhausted; and
   (b) [Where the youth is sixteen years of age or older, the court shall
 not order or direct detention  under  this  article,  unless  the  court
 determines  and  states in its order that special circumstances exist to
 warrant such detention.
   (c)] If the respondent may be a sexually exploited child as defined in
 subdivision one of section four  hundred  forty-seven-a  of  the  social
 services law, the court may direct the respondent to an available short-
 term  safe  house  as defined in subdivision two of section four hundred
 forty-seven-a of the social services law as an alternative to detention.
   § 34.  Section 728 of the family court act, subdivision (a) as amended
 by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
 419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
 laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
 (d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
 2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
 (d) as added by section 10 of subpart B of part Q of chapter 58  of  the
 laws of 2011, is amended to read as follows:
   §  728.  Discharge,  release  or  detention by judge after hearing and
 before filing of petition in custody cases.  (a) If a child  in  custody
 is  brought  before  a  judge  of  the family court before a petition is
 filed, the judge shall hold a  hearing  for  the  purpose  of  making  a
 preliminary determination of whether the court appears to have jurisdic-
 tion over the child. At the commencement of the hearing, the judge shall
 advise  the child of his or her right to remain silent, his or her right
 to be represented by counsel of his or her  own  choosing,  and  of  the
 right  to  have an attorney assigned in accord with part four of article
 two of this act. The judge must also allow the child a  reasonable  time
 to  send  for  his  or  her  parents  or other person or persons legally
 responsible for his or her care, and for counsel, and adjourn the  hear-
 ing for that purpose.
   (b)  After  hearing, the judge shall order the release of the child to
 the custody of his parent or other person legally  responsible  for  his
 care if the court does not appear to have jurisdiction.
   (c)  An  order  of  release  under  this section may, but need not, be
 conditioned upon the giving of a recognizance in accord with  [sections]
 SECTION seven hundred twenty-four (b) (i).

 A. 4876                            20
 
   (d)  Upon  a  finding  of  facts and reasons which support a detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:
   (i)  that there is no substantial likelihood that the youth and his or
 her family will  continue  to  benefit  from  diversion  services,  THAT
 CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
 TION  WOULD  (A)  CONTINUE  OR  WORSEN  THE CIRCUMSTANCES ALLEGED IN THE
 UNDERLYING PETITION, OR THAT CREATED THE  NEED  FOR  A  PETITION  TO  BE
 SOUGHT  OR  (B)  CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY
 and that  all  OTHER  available  alternatives  to  detention  have  been
 exhausted; and
   (ii)  whether  continuation  of the child in the child's home would be
 contrary to the best interests of the child based upon, and limited  to,
 the  facts  and  circumstances available to the court at the time of the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the date of the court hearing that resulted in the detention  order,  to
 prevent  or  eliminate the need for removal of the child from his or her
 home or, if the child had been removed from his or her home prior to the
 court appearance pursuant to this section,  where  appropriate,  whether
 reasonable efforts were made to make it possible for the child to safely
 return home; and
   (iv) whether the setting of the detention takes into account the prox-
 imity  to the community in which the person alleged to be or adjudicated
 as a person in need of supervision lives with such person's  parents  or
 to  which  such  person will be discharged, and the existing educational
 setting of such person and the proximity of such setting to the location
 of the detention setting.
   § 35.  Section 735 of the family court act, as added by section  7  of
 part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
 chapter 38 of the laws of 2014, paragraph  (i)  of  subdivision  (d)  as
 amended  by  chapter  535  of  the  laws of 2011, and subdivision (h) as
 amended by chapter 499 of the laws  of  2015,  is  amended  to  read  as
 follows:
   §  735. Preliminary procedure; diversion services. (a) Each county and
 any city having a population of one million or more shall  offer  diver-
 sion services as defined in section seven hundred twelve of this article
 to  youth  who  are  at risk of being the subject of a person in need of
 supervision petition. Such services shall  be  designed  to  provide  an
 immediate response to families in crisis, to identify and utilize appro-
 priate  alternatives  to  detention  and  to divert youth from being the
 subject of a petition in family court. Each county and such  city  shall
 designate  either  the  local  social services district or the probation
 department as lead  agency  for  the  purposes  of  providing  diversion
 services.
   (b) The designated lead agency shall:
   (i)  confer  with any person seeking to file a petition, the youth who
 may be a potential respondent, his or her family, and  other  interested
 persons, concerning the provision of diversion services before any peti-
 tion may be filed; and
   (ii) diligently attempt to prevent the filing of a petition under this
 article or, after the petition is filed, to prevent the placement of the
 youth  into  foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-
 SIX OF THIS ARTICLE; and
   (iii) assess whether the youth would benefit from residential  respite
 services; and

 A. 4876                            21
 
   (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
 SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   (V)  determine  whether  alternatives  to detention are appropriate to
 avoid remand of the youth to detention;
   (VI) DETERMINE WHETHER THE YOUTH AND  HIS  OR  HER  FAMILY  SHOULD  BE
 REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
   (VII)  ASSESS  WHETHER REMAINING IN THE HOME WOULD CAUSE THE CONTINUA-
 TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
 TION TO BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR  THE  CHILD'S
 FAMILY; AND
   [(v)]  (VIII)  determine  whether  an  assessment  of  the  youth  for
 substance use disorder by an office of alcoholism  and  substance  abuse
 services certified provider is necessary when a person seeking to file a
 petition  alleges  in  such  petition that the youth is suffering from a
 substance use disorder which could make the youth a danger to himself or
 herself or others. Provided, however,  that  notwithstanding  any  other
 provision  of  law to the contrary, the designated lead agency shall not
 be required to pay for all or any portion of the costs of  such  assess-
 ment  or  for  any  substance  use  disorder or detoxification services,
 except in cases where medical assistance for needy persons may  be  used
 to  pay  for  all  or  any  portion  of  the costs of such assessment or
 services. The office of alcoholism and substance  abuse  services  shall
 make  a list of its certified providers available to the designated lead
 agency.
   (c) Any person or agency seeking to file a petition pursuant  to  this
 article  which does not have attached thereto the documentation required
 by subdivision (g) of this section shall be referred by the clerk of the
 court to the designated lead agency which shall schedule  and  hold,  on
 reasonable  notice to the potential petitioner, the youth and his or her
 parent or other person legally responsible for his or her care, at least
 one conference in order  to  determine  the  factual  circumstances  and
 determine  whether the youth and his or her family should receive diver-
 sion services pursuant to this section. Diversion services shall include
 clearly documented diligent attempts to provide appropriate services  to
 the youth and his or her family unless it is determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from  further  diversion  attempts.  Notwithstanding  the  provisions of
 section two hundred sixteen-c of this act, the clerk  shall  not  accept
 for  filing  under  this  part  any petition that does not have attached
 thereto the documentation required by subdivision (g) of this section.
   (d) Diversion services shall include documented diligent  attempts  to
 engage  the youth and his or her family in appropriately targeted commu-
 nity-based services, but shall not be limited to:
   (i) providing, at the first contact, information on  the  availability
 of  or a referral to services in the geographic area where the youth and
 his or her family are located that may be of  benefit  in  avoiding  the
 need  to file a petition under this article; including the availability,
 for up to twenty-one days, of a  residential  respite  program,  if  the
 youth  and his or her parent or other person legally responsible for his
 or her care agree, and the availability of other non-residential  crisis
 intervention  programs  such  as  A FAMILY SUPPORT CENTER, family crisis
 counseling or alternative dispute resolution programs or an  educational
 program  as  defined in section four hundred fifty-eight-l of the social
 services law.

 A. 4876                            22
 
   (ii) scheduling and holding at least one conference with the youth and
 his or her family and the person or representatives of the entity  seek-
 ing  to  file  a  petition under this article concerning alternatives to
 filing a petition and services that are  available.  Diversion  services
 shall  include clearly documented diligent attempts to provide appropri-
 ate services to the youth and his or her family before it may be  deter-
 mined  that there is no substantial likelihood that the youth and his or
 her family will benefit from further attempts.
   (iii) where the entity seeking to file a petition is a school district
 or local educational agency, the designated lead agency shall review the
 steps taken by the  school  district  or  local  educational  agency  to
 improve  the  youth's attendance and/or conduct in school and attempt to
 engage the school district or local educational agency in further diver-
 sion attempts, if it appears from review  that  such  attempts  will  be
 beneficial to the youth.
   (e)  The  designated  lead agency shall maintain a written record with
 respect to each youth and his  or  her  family  for  whom  it  considers
 providing  or  provides diversion services pursuant to this section. The
 record shall be made available to the court at or prior to  the  initial
 appearance  of  the  youth  in any proceeding initiated pursuant to this
 article.
   (f) Efforts to prevent the filing  of  a  petition  pursuant  to  this
 section  may  extend  until  the  designated lead agency determines that
 there is no substantial likelihood that the youth and his or her  family
 will  benefit  from  further  attempts. Efforts at diversion pursuant to
 this section may continue after the  filing  of  a  petition  where  the
 designated  lead  agency determines that the youth and his or her family
 will benefit from further attempts to prevent  PLACEMENT  OF  the  youth
 from  entering  foster  care  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
 FIFTY-SIX OF THIS ARTICLE.
   (g) (i) The designated lead agency shall promptly give written  notice
 to the potential petitioner whenever attempts to prevent the filing of a
 petition  have  terminated,  and  shall  indicate in such notice whether
 efforts were successful. The  notice  shall  also  detail  the  diligent
 attempts  made  to divert the case if a determination has been made that
 there is no substantial likelihood that  the  youth  will  benefit  from
 further  attempts.  No  persons  in  need of supervision petition may be
 filed pursuant to this article during the  period  the  designated  lead
 agency is providing diversion services. A finding by the designated lead
 agency  that  the  case  has been successfully diverted shall constitute
 presumptive evidence that the underlying allegations have been  success-
 fully  resolved in any petition based upon the same factual allegations.
 No petition may be filed pursuant to this article by the parent or other
 person legally responsible for the youth where diversion  services  have
 been  terminated  because  of  the failure of the parent or other person
 legally responsible for the youth to consent to or actively participate.
   (ii) The clerk of the court shall accept a petition for filing only if
 it has attached thereto the following:
   (A) if the potential petitioner is the parent or other person  legally
 responsible  for  the  youth,  a  notice from the designated lead agency
 indicating there is no bar to the filing of the petition as  the  poten-
 tial  petitioner  consented  to  and  actively participated in diversion
 services; and
   (B) a notice from the designated  lead  agency  stating  that  it  has
 terminated diversion services because it has determined that there is no
 substantial likelihood that the youth and his or her family will benefit

 A. 4876                            23
 
 from  further  attempts,  and  that  the  case has not been successfully
 diverted.
   (h)  No  statement made to the designated lead agency or to any agency
 or organization to which the potential  respondent  has  been  referred,
 prior  to the filing of the petition, or if the petition has been filed,
 prior to the time the respondent has  been  notified  that  attempts  at
 diversion  will  not  be  made  or have been terminated, or prior to the
 commencement of a fact-finding hearing if attempts at diversion have not
 terminated previously, may be admitted into evidence at  a  fact-finding
 hearing or, if the proceeding is transferred to a criminal court, at any
 time prior to a conviction.
   §  36.    Subdivision  (b)  of section 742 of the family court act, as
 amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
 amended to read as follows:
   (b)  At  the  initial  appearance  of  the respondent, the court shall
 review any termination of diversion services pursuant to  such  section,
 and  the  documentation  of  diligent  attempts  to  provide appropriate
 services and determine whether such efforts  or  services  provided  are
 sufficient  [and]. THE COURT may, AT ANY TIME, subject to the provisions
 of section seven hundred forty-eight of this article, order  that  addi-
 tional  diversion  attempts be undertaken by the designated lead agency.
 The court may order the youth and the parent  or  other  person  legally
 responsible  for  the youth to participate in diversion services. If the
 designated lead agency thereafter determines  that  the  case  has  been
 successfully resolved, it shall so notify the court, and the court shall
 dismiss the petition.
   §  37.  Subdivision  (a)  of  section  749 of the family court act, as
 amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
 amended to read as follows:
   (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
 own motion or upon a motion of a party to the proceeding, order that the
 proceeding be "adjourned in contemplation of dismissal". An  adjournment
 in contemplation of dismissal is an adjournment of the proceeding, for a
 period not to exceed six months with a view to ultimate dismissal of the
 petition  in  furtherance  of  justice. Upon issuing such an order, upon
 such permissible terms and  conditions  as  the  rules  of  court  shall
 define, the court must release the individual.
   (ii)  The court may, as a condition of an adjournment in contemplation
 of dismissal order: (A) in cases where the  record  indicates  that  the
 consumption  of alcohol may have been a contributing factor, require the
 respondent to attend and complete an alcohol  awareness  program  estab-
 lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
 cases where the record indicates that cyberbullying or sexting  was  the
 basis  of the petition, require an eligible person to complete an educa-
 tion  reform  program  in   accordance   with   section   four   hundred
 fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
 INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
   (iii)  Upon  application  of  the  petitioner, or upon the court's own
 motion, made at any time during the duration of the order, the court may
 restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
 restored, the petition is at the expiration of the order, deemed to have
 been dismissed by the court in furtherance of justice.
   §  38.  Section 751 of the family court act, as amended by chapter 100
 of the laws of 1993, is amended to read as follows:
   § 751. Order dismissing petition. If the  allegations  of  a  petition
 under  this  article  are  not  established, the court shall dismiss the

 A. 4876                            24
 
 petition. The court may in its discretion dismiss a petition under  this
 article,  in  the  interests of justice where attempts have been made to
 adjust the case as provided for in sections  seven  hundred  thirty-five
 and  seven  hundred  forty-two of this article and the probation service
 has exhausted its efforts to successfully adjust such case as  a  result
 of  the  petition's  failure  to  provide  reasonable  assistance to the
 probation service. IN DISMISSING A PETITION PURSUANT  TO  THIS  SECTION,
 THE  COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
 PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
   § 39. Section 754 of the family court act, subdivision 1 as designated
 by chapter 878 of the laws of 1976, paragraph (c) of  subdivision  1  as
 amended  by  section 4 of part V of chapter 383 of the laws of 2001, the
 closing paragraph of subdivision 1 as added by section 5 of  part  V  of
 chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
 the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
 amended  by  section  20  and  the closing paragraph of paragraph (b) of
 subdivision 2 as amended by section 21 of part L of chapter  56  of  the
 laws of 2015, is amended to read as follows:
   §  754.  Disposition on adjudication of person in need of supervision.
 1.  Upon an adjudication of person in need  of  supervision,  the  court
 shall enter an order of disposition:
   (a) Discharging the respondent with warning;
   (b)  Suspending  judgment  in accord with section seven hundred fifty-
 five OF THIS PART;
   (c) Continuing the proceeding and placing  the  respondent  in  accord
 with  section  seven  hundred fifty-six OF THIS PART; provided, however,
 that the court shall not place the respondent  in  accord  with  section
 seven  hundred fifty-six where the respondent is sixteen years of age or
 older, unless the court determines and states in its order that  special
 circumstances exist to warrant such placement; or
   (d)  Putting  the respondent on probation in accord with section seven
 hundred fifty-seven OF THIS PART.
   The court may order an eligible person to complete an education reform
 program in accordance with section four  hundred  fifty-eight-l  of  the
 social services law, as part of a disposition pursuant to paragraph (a),
 (b)  or  (d)  of  this  subdivision.  THE COURT MAY ALSO ORDER SERVICES,
 INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
 SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
   2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COURT SHALL NOT ORDER PLACEMENT WITH THE LOCAL  COMMISSIONER  OF  SOCIAL
 SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
 THE COURT FINDS AND STATES IN WRITING THAT:
   (I)  NO  APPROPRIATE  SUITABLE  RELATIVE OR SUITABLE PRIVATE PERSON IS
 AVAILABLE FOR PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-SIX  OF
 THIS PART; AND
   (II)  PLACEMENT  IN  THE CHILD'S HOME WOULD NOT BE APPROPRIATE BECAUSE
 SUCH PLACEMENT WOULD:
   (A) CONTINUE OR WORSEN THE CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING
 PETITION OR,
   (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
   (B)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing

 A. 4876                            25

 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly  home.  If the court determines that reasonable efforts to prevent or
 eliminate the need for removal of the child from the home were not  made
 but  that  the  lack  of  such efforts was appropriate under the circum-
 stances, the court order shall include such a finding; and (ii)  in  the
 case of a child who has attained the age of fourteen, the services need-
 ed,  if any, to assist the child to make the transition from foster care
 to independent living. Nothing in this subdivision shall be construed to
 modify the standards for directing detention set forth in section  seven
 hundred thirty-nine of this article.
   [(b)]  (C)  For  the  purpose  of  this section, reasonable efforts to
 prevent or eliminate the need for removing the child from  the  home  of
 the  child  or to make it possible for the child to return safely to the
 home of the child shall not be required where the court determines that:
   (i) the parent of such child has subjected  the  child  to  aggravated
 circumstances,  as  defined  in subdivision (g) of section seven hundred
 twelve of this article;
   (ii) the parent of such child has been convicted of (A) murder in  the
 first degree as defined in section 125.27 or murder in the second degree
 as defined in section 125.25 of the penal law and the victim was another
 child  of the parent; or (B) manslaughter in the first degree as defined
 in section 125.20 or manslaughter in the second  degree  as  defined  in
 section  125.15 of the penal law and the victim was another child of the
 parent, provided, however, that the parent must have  acted  voluntarily
 in committing such crime;
   (iii)  the  parent  of  such child has been convicted of an attempt to
 commit any of the crimes set forth in subparagraphs (i) and (ii) of this
 paragraph, and the victim or intended victim was the  child  or  another
 child  of  the parent; or has been convicted of criminal solicitation as
 defined in article one hundred, conspiracy as  defined  in  article  one
 hundred  five or criminal facilitation as defined in article one hundred
 fifteen of the penal law for conspiring, soliciting or facilitating  any
 of the foregoing crimes, and the victim or intended victim was the child
 or another child of the parent;
   (iv)  the  parent  of  such child has been convicted of assault in the
 second degree as defined in section 120.05, assault in the first  degree
 as  defined  in  section 120.10 or aggravated assault upon a person less
 than eleven years old as defined in section 120.12 of the penal law, and
 the commission of one of the foregoing crimes resulted in serious  phys-
 ical injury to the child or another child of the parent;
   (v) the parent of such child has been convicted in any other jurisdic-
 tion  of  an offense which includes all of the essential elements of any
 crime specified in subparagraph (ii), (iii) or (iv) of  this  paragraph,
 and  the  victim  of  such offense was the child or another child of the
 parent; or
   (vi) the parental rights of the parent to a sibling of such child have
 been involuntarily terminated;
 unless the court determines that providing reasonable efforts  would  be
 in the best interests of the child, not contrary to the health and safe-
 ty  of  the  child,  and would likely result in the reunification of the
 parent and the child in the foreseeable future. The  court  shall  state
 such findings in its order.

 A. 4876                            26
 
   If  the  court  determines  that  reasonable  efforts are not required
 because of one of the grounds set  forth  above,  a  permanency  hearing
 shall  be  held within thirty days of the finding of the court that such
 efforts are not required. At the permanency  hearing,  the  court  shall
 determine  the  appropriateness  of  the permanency plan prepared by the
 social services official which shall include whether and when the child:
 (A) will be returned to the parent; (B) should be  placed  for  adoption
 with  the  social services official filing a petition for termination of
 parental rights; (C) should be  referred  for  legal  guardianship;  (D)
 should  be  placed  permanently  with a fit and willing relative; or (E)
 should be placed in another planned permanent living arrangement with  a
 significant  connection  to an adult willing to be a permanency resource
 for the child if the child is age sixteen or older and if  the  require-
 ments  of  subparagraph  (E)  of  paragraph  (iv)  of subdivision (d) of
 section seven hundred fifty-six-a of this part have been met. The social
 services official shall thereafter make reasonable efforts to place  the
 child in a timely manner and to complete whatever steps are necessary to
 finalize  the  permanent  placement  of  the  child  as set forth in the
 permanency plan approved by the court. If reasonable efforts are  deter-
 mined  by the court not to be required because of one of the grounds set
 forth in this paragraph, the social services official may file  a  peti-
 tion for termination of parental rights in accordance with section three
 hundred eighty-four-b of the social services law.
   [(c)]  (D)  For the purpose of this section, in determining reasonable
 efforts to be made with respect to a child, and in making  such  reason-
 able  efforts,  the  child's  health  and  safety shall be the paramount
 concern.
   [(d)] (E) For the purpose of this section, a sibling shall  include  a
 half-sibling.
   §  40. Section 755 of the family court act, subdivision (a) as amended
 by chapter 124 of the laws of 1993, is amended to read as follows:
   § 755. Suspended judgment. (a) Rules of court shall define permissible
 terms and conditions of a suspended judgment. The court may order  as  a
 condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE
 PROVIDED  BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW or services for public good  pursuant  to
 section  seven  hundred  fifty-eight-a, and[, except when the respondent
 has been assigned to a facility in accordance with subdivision  four  of
 section  five  hundred  four of the executive law,] in cases wherein the
 record indicates that the consumption of alcohol by the  respondent  may
 have  been  a contributing factor, the court may order attendance at and
 completion of an  alcohol  awareness  program  established  pursuant  to
 section 19.25 of the mental hygiene law.
   (b) The maximum duration of any term or condition of a suspended judg-
 ment is one year, unless the court finds at the conclusion of that peri-
 od  that  exceptional  circumstances require an additional period of one
 year.
   § 41. Section 756 of the family court act, as amended by  chapter  920
 of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
 of subdivision (a) as amended by section 11 of part G of chapter  58  of
 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
 1999,  and subdivision (c) as amended by section 10 of part E of chapter
 57 of the laws of 2005, is amended to read as follows:
   § 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
 fifty-four,  the  court  may  place  the child in its own home or in the

 A. 4876                            27
 
 custody of a suitable relative or other suitable private  person  [or  a
 commissioner of social services], subject to the orders of the court.
   (ii)  Where  the  child  is  placed with the commissioner of the local
 social services district, the court may direct the commissioner to place
 the child with an authorized agency or  class  of  authorized  agencies,
 including,  if  the  court  finds  that  the  respondent  is  a sexually
 exploited child as defined in subdivision one of  section  four  hundred
 forty-seven-a  of  the  social services law, an available long-term safe
 house. Unless the dispositional order provides otherwise, the  court  so
 directing  shall  include  one of the following alternatives to apply in
 the event that the commissioner is unable to so place the child:
   (1) the commissioner shall apply to the court for an  order  to  stay,
 modify,  set  aside, or vacate such directive pursuant to the provisions
 of section seven hundred sixty-two or seven hundred sixty-three; or
   (2) the commissioner shall return the child to the family court for  a
 new dispositional hearing and order.
   (b)  Placements  under  this  section  may be for an initial period of
 [twelve months] NINETY DAYS.  The court may extend a placement  pursuant
 to  section  seven hundred fifty-six-a. In its discretion, the court may
 recommend restitution or require services for public  good  pursuant  to
 section  seven  hundred  fifty-eight-a  in  conjunction with an order of
 placement.   [For the purposes of  calculating  the  initial  period  of
 placement,  such  placement shall be deemed to have commenced sixty days
 after the date the child was removed from his or her home in  accordance
 with  the  provisions  of  this  article.] If the respondent has been in
 detention pending disposition, the initial period of  placement  ordered
 under  this  section shall be credited with and diminished by the amount
 of time spent by the respondent in detention prior to  the  commencement
 of  the placement unless the court finds that all or part of such credit
 would not serve the best interests of the respondent.
   (c) [A placement pursuant to this section  with  the  commissioner  of
 social  services  shall  not  be directed in any detention facility, but
 the] THE court may direct detention  pending  transfer  to  a  placement
 authorized  and  ordered  under  this  section  for  no  more than [than
 fifteen] TEN days after such order of placement is made. Such  direction
 shall  be  subject to extension pursuant to subdivision three of section
 three hundred ninety-eight of the  social  services  law,  upon  written
 documentation  to  the  office  of children and family services that the
 youth is in need of specialized treatment or placement and the  diligent
 efforts  by the commissioner of social services to locate an appropriate
 placement.
   § 42. Section 756-a of the family court act, as added by  chapter  604
 of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
 laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
 of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
 by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
 amended by section 3 of part M of chapter 54 of the laws of 2016,  para-
 graphs  (iii),  (iv) and (v) of subdivision (d) as amended by section 23
 and subdivision (d-1) as amended by section 24 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   §  756-a.  Extension  of placement. (a) In any case in which the child
 has been placed pursuant to section seven hundred fifty-six, the  child,
 the  person  with  whom the child has been placed or the commissioner of
 social services may petition the court to extend  such  placement.  Such
 petition  shall be filed at least [sixty] THIRTY days prior to the expi-
 ration of the period of placement, except for good cause shown,  but  in

 A. 4876                            28
 
 no  event  shall  such  petition  be filed after the original expiration
 date.
   (b)  The  court shall conduct a permanency hearing concerning the need
 for continuing the placement. The child, the person with whom the  child
 has  been  placed and the commissioner of social services shall be noti-
 fied of such hearing and shall have the right to be heard thereat.
   (c) The provisions of section seven hundred forty-five shall apply  at
 such  permanency hearing. If the petition is filed within [sixty] THIRTY
 days prior to the expiration of the period of placement, the court shall
 first determine at such permanency hearing whether good cause  has  been
 shown. If good cause is not shown, the court shall dismiss the petition.
   (d)  At the conclusion of the permanency hearing the court may, in its
 discretion, order an extension of the placement for not more  than  [one
 year] NINETY DAYS.  The court must consider and determine in its order:
   (i)  where  appropriate,  that reasonable efforts were made to make it
 possible for the child to safely return to his or her home,  or  if  the
 permanency  plan  for  the child is adoption, guardianship or some other
 permanent living arrangement other than reunification with the parent or
 parents of the child, reasonable efforts are  being  made  to  make  and
 finalize  such  alternate permanent placement including consideration of
 appropriate in-state and out-of-state placements;
   (ii) in the case of a child who has attained the age of fourteen,  (A)
 the  services needed, if any, to assist the child to make the transition
 from foster care to successful adulthood; and (B)(1) that the permanency
 plan developed for the child, and any revision or addition to  the  plan
 shall  be developed in consultation with the child and, at the option of
 the child, with up to two additional members of the  child's  permanency
 planning  team  who  are  selected by the child and who are not a foster
 parent of, or case worker, case planner or case manager for, the  child,
 except  that  the  local commissioner of social services with custody of
 the child may reject an individual so selected  by  the  child  if  such
 commissioner has good cause to believe that the individual would not act
 in  the  best  interests  of  the  child, and (2) that one individual so
 selected by the child may be designated to be the child's  advisor  and,
 as necessary, advocate with respect to the application of the reasonable
 and prudent parent standard;
   (iii)  in  the  case of a child placed outside New York state, whether
 the out-of-state placement continues to be appropriate and in  the  best
 interests of the child;
   (iv)  whether  and when the child: (A) will be returned to the parent;
 (B) should be placed for adoption  with  the  social  services  official
 filing  a  petition  for  termination  of parental rights; (C) should be
 referred for legal guardianship; (D) should be placed permanently with a
 fit and willing relative; or (E) should be  placed  in  another  planned
 permanent  living  arrangement with a significant connection to an adult
 willing to be a permanency resource for the child if the  child  is  age
 sixteen  or older and (1) the social services official has documented to
 the court: (I) intensive, ongoing, and, as of the date of  the  hearing,
 unsuccessful  efforts made by the social services district to return the
 child home or secure a placement for the child with a  fit  and  willing
 relative  including  adult  siblings,  a  legal guardian, or an adoptive
 parent, including through efforts that utilize search technology includ-
 ing social media to find biological family members  for  children,  (II)
 the  steps the social services district is taking to ensure that (A) the
 child's foster family home or  child  care  facility  is  following  the
 reasonable  and  prudent  parent  standard  in  accordance with guidance

 A. 4876                            29
 
 provided by the United States department of health and  human  services,
 and (B) the child has regular, ongoing opportunities to engage in age or
 developmentally  appropriate activities including by consulting with the
 child  in an age-appropriate manner about the opportunities of the child
 to participate in activities; and (2) the social services  district  has
 documented  to  the  court  and  the court has determined that there are
 compelling reasons for determining that it continues to not  be  in  the
 best  interest  of the child to return home, be referred for termination
 of parental rights and placed for adoption, placed with a fit and  will-
 ing  relative,  or  placed  with a legal guardian; and (3) the court has
 made a determination explaining why, as of  the  date  of  the  hearing,
 another  planned  living arrangement with a significant connection to an
 adult willing to be a permanency resource for  the  child  is  the  best
 permanency plan for the child; and
   (v) where the child will not be returned home, consideration of appro-
 priate in-state and out-of-state placements.
   (d-1)  At  the  permanency  hearing,  the court shall consult with the
 respondent in an age-appropriate manner regarding the  permanency  plan;
 provided,  however,  that  if the respondent is age sixteen or older and
 the requested permanency plan for the respondent is placement in another
 planned permanent living arrangement with a significant connection to an
 adult willing to be a permanency resource for the respondent, the  court
 must  ask  the  respondent  about the desired permanency outcome for the
 respondent.
   (e) Pending final determination of a petition to extend such placement
 filed in accordance with the provisions of this section, the court  may,
 on  its  own  motion  or at the request of the petitioner or respondent,
 enter one or more temporary orders extending a period of  placement  not
 to exceed thirty days upon satisfactory proof showing probable cause for
 continuing  such  placement  and that each temporary order is necessary.
 The court may order additional temporary extensions,  not  to  exceed  a
 total  of  fifteen  days, if the court is unable to conclude the hearing
 within the thirty day temporary extension period. In no event shall  the
 aggregate  number  of  days  in extensions granted or ordered under this
 subdivision total more than  forty-five  days.  The  petition  shall  be
 dismissed  if  a decision is not rendered within the period of placement
 or any temporary extension thereof. Notwithstanding any provision of law
 to the contrary, the initial permanency hearing  shall  be  held  within
 [twelve  months of the date the child was placed into care] A REASONABLE
 PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD  OF  PLACE-
 MENT  pursuant  to section seven hundred fifty-six [of this article] and
 no later than every twelve months thereafter. [For the purposes of  this
 section,  the  date  the  child was placed into care shall be sixty days
 after the child was removed from his or her home in accordance with  the
 provisions of this section.]
   (f)  Successive  extensions  of  placement  under  this section may be
 granted, but no placement may be made or continued  beyond  the  child's
 eighteenth  birthday without his or her consent and in no event past his
 or her twenty-first birthday.
   § 43. Section 757 of the family court act is amended by adding  a  new
 subdivision (e) to read as follows:
   (E)  THE  COURT  MAY  ORDER SERVICES DEEMED APPROPRIATE TO ADDRESS THE
 CIRCUMSTANCES ALLEGED IN  THE  UNDERLYING  PETITION  INCLUDING  SERVICES
 PROVIDED BY FAMILY SUPPORT CENTERS.
   §  44. Section 758-a of the family court act, as amended by chapter 73
 of the laws of 1979, subdivision 1 as amended by chapter 4 of  the  laws

 A. 4876                            30
 
 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
 laws  of  2007,  subdivision  2 as amended by chapter 309 of the laws of
 1996, and subdivision 3 as separately amended by chapter 568 of the laws
 of 1979, is amended to read as follows:
   § 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
 over  [ten]  TWELVE  and  less than [sixteen] EIGHTEEN years of age, the
 court may
   (a) recommend as a condition of placement, or order as a condition  of
 probation or suspended judgment, restitution in an amount representing a
 fair  and  reasonable  cost to replace the property or repair the damage
 caused by the [infant] CHILD,  not,  however,  to  exceed  one  thousand
 dollars.  [In  the case of a placement, the court may recommend that the
 infant pay out of his or  her  own  funds  or  earnings  the  amount  of
 replacement  or  damage, either in a lump sum or in periodic payments in
 amounts set by the agency with which he is placed, and in  the  case  of
 probation  or  suspended  judgment,  the] THE court may require that the
 [infant] CHILD pay out of his or her own funds or earnings the amount of
 replacement or damage, either in a lump sum or in periodic  payments  in
 amounts set by the court; and/or
   (b)  order  as a condition of placement, probation, or suspended judg-
 ment, services for the public good including in  the  case  of  a  crime
 involving  willful, malicious, or unlawful damage or destruction to real
 or personal property maintained as a cemetery plot, grave, burial place,
 or other place of interment of human remains, services for  the  mainte-
 nance and repair thereof, taking into consideration the age and physical
 condition of the [infant] CHILD.
   2.  If  the  court recommends restitution or requires services for the
 public good in conjunction  with  an  order  of  placement  pursuant  to
 section  seven hundred fifty-six, the placement shall be made only to an
 authorized agency which has adopted rules and regulations for the super-
 vision of such a program, which rules and regulations shall  be  subject
 to  the  approval of the state department of social services. Such rules
 and regulations shall include, but not  be  limited  to  provisions  (i)
 assuring  that  the conditions of work, including wages, meet the stand-
 ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
 coverage to the child under the workers' compensation law as an employee
 of such agency, department or institution; (iii) assuring that the enti-
 ty  receiving  such  services  shall not utilize the same to replace its
 regular employees; and (iv) providing for reports to the court not  less
 frequently than every six months, unless the order provides otherwise.
   3.  If  the court requires restitution or services for the public good
 as a condition of probation or suspended judgment, it shall provide that
 an agency or person supervise the restitution or services and that  such
 agency  or person report to the court not less frequently than every six
 months, unless the order provides otherwise.  Upon  the  written  notice
 sent  by  a  school  district to the court and the appropriate probation
 department or agency which submits probation recommendations or  reports
 to  the  court,  the  court  may provide that such school district shall
 supervise the performance of services for the public good.
   4.  The court, upon receipt of the reports provided for in subdivision
 two or three of this section may, on its own motion or the motion of any
 party or the agency, hold a hearing to determine whether  the  placement
 should be altered or modified.
   §  45.  Subdivision  (f)  of  section  759 of the family court act, as
 amended by section 11 of part E of chapter 57 of the laws  of  2005,  is
 amended to read as follows:

 A. 4876                            31
 
   (f)  to  participate  in family counseling or other professional coun-
 seling activities, or other services,  including  SERVICES  PROVIDED  BY
 FAMILY   SUPPORT   CENTERS,   alternative  dispute  resolution  services
 conducted by an authorized person or an authorized agency to  which  the
 youth  has  been  referred or placed, deemed necessary for the rehabili-
 tation of the youth, provided that such family counseling,  other  coun-
 seling  activity  or  other  necessary services are not contrary to such
 person's religious beliefs;
   § 46. Section 768 of the family  court  act  is  amended  to  read  as
 follows:
   § 768. Successive petitions. If a petition under section seven hundred
 sixty-four  is  denied,  it  may not be renewed for a period of [ninety]
 THIRTY days after the denial, unless the order of denial permits renewal
 at an earlier time.
   § 47. Section 153-k of the social services law is  amended  by  adding
 two new subdivisions 2-a and 2-b to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE  AVAILABLE  FOR  SUCH  PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE
 SERVICES, INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES  PROVIDED
 TO  YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT
 OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE  PROVISIONS  IN  A
 CHAPTER  OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT INCREASED THE AGE OF
 JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS  ESTABLISHED
 PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
   § 48.  Subdivisions 5 and 6 of section 371 of the social services law,
 subdivision  5 as added by chapter 690 of the laws of 1962, and subdivi-
 sion 6 as amended by chapter 596 of the laws of  2000,  are  amended  to
 read as follows:
   5.  "Juvenile  delinquent"  means  a  person [over seven and less than
 sixteen years of age who does any act which, if done by an adult,  would
 constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
   6.  "Person in need of supervision" means a person [less than eighteen
 years of age who is habitually truant or who is incorrigible, ungoverna-
 ble or habitually disobedient and beyond the lawful control of a  parent
 or  other  person  legally  responsible  for such child's care, or other
 lawful authority] AS DEFINED IN SECTION  SEVEN  HUNDRED  TWELVE  OF  THE
 FAMILY COURT ACT.
   §  49. Article 6 of the social services law is amended by adding a new
 title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   § 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS  TITLE,  THE  TERM
 "FAMILY  SUPPORT  CENTER"  SHALL  MEAN A PROGRAM ESTABLISHED PURSUANT TO
 THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES  TO  YOUTH  AT
 RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
 VISION  PURSUANT  TO  ARTICLE  SEVEN  OF THE FAMILY COURT ACT, AND THEIR
 FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED

 A. 4876                            32
 
 SUPPORTIVE  SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE JUVE-
 NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D) MENTAL AND BEHAVIORAL HEALTH SERVICES, AS DEFINED  IN  SUBDIVISION
 FIFTY-EIGHT  OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING COGNI-
 TIVE INTERVENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES; AND
   (G) OTHER FAMILY SUPPORT SERVICES.
   3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
 TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
 AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
 UALIZED NEEDS OF THE CHILD AND  FAMILY  BASED  ON  THE  ASSESSMENTS  AND
 SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
   4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
   § 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
 MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES  MADE  BY  SOCIAL
 SERVICES  DISTRICTS,  EXCLUSIVE  OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
 SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAMILY
 SUPPORT  CENTERS  SHALL  BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
 THROUGHOUT THE STATE WITH THE APPROVAL OF THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  PROVIDED  HOWEVER  THAT  TWO  OR MORE SOCIAL SERVICES
 DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A  FAMILY
 SUPPORT  CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
 WITH.
   3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH  NOT-FOR-PROFIT  CORPO-
 RATIONS  OR  UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
 REQUIREMENTS ISSUED BY THE OFFICE. FAMILY  SUPPORT  CENTERS  SHALL  HAVE
 SUFFICIENT  CAPACITY  TO  PROVIDE  SERVICES  TO  YOUTH WITHIN THE SOCIAL
 SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING,  ALLEGED  OR
 ADJUDICATED  TO  BE  PERSONS  IN NEED OF SUPERVISION PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION,  TO  THE
 EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
 WHO  ARE  ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
 ACT.
   4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
 REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 50. Subdivisions 3 and 11 of section 398 of the social services law,
 subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
 (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
 the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
 1976, are amended to read as follows:
   3. As to delinquent children and persons in need of supervision:
   (a) Investigate complaints as to alleged delinquency of a child.

 A. 4876                            33

   (b)  Bring  such case of alleged delinquency when necessary before the
 family court.
   (c)  Receive  within  fifteen  days  from  the order of placement as a
 public charge any delinquent child committed or placed or IN THE CASE OF
 A person in need of supervision placed, TEN DAYS, in his or her care  by
 the  family court provided, however, that the commissioner of the social
 services district with whom the child is placed may apply to  the  state
 commissioner  or  his  or  her  designee  for  approval of an additional
 fifteen days, OR IN THE CASE OF A PERSON IN  NEED  OF  SUPERVISION,  TEN
 DAYS,  upon  written  documentation to the office of children and family
 services that the youth is in need of specialized treatment or placement
 and the diligent efforts by  the  commissioner  of  social  services  to
 locate an appropriate placement.
   11.  In  the  case  of  a child who is adjudicated a person in need of
 supervision or a juvenile delinquent and is placed by the  family  court
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency  pursuant to court order, the social services official shall make
 expenditures in accordance with the regulations of  the  department  for
 the care and maintenance of such child during the term of such placement
 subject  to  state  reimbursement pursuant to SECTION ONE HUNDRED FIFTY-
 THREE-K OF this title[, or article nineteen-G of the  executive  law  in
 applicable cases].
   §  51.  Subdivision  8  of  section 404 of the social services law, as
 added by section 1 of subpart A of part G of chapter 57 of the  laws  of
 2012, is amended to read as follows:
   8.  (a)  Notwithstanding any other provision of law to the contrary[,]
 EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
 expenditures  during  the  applicable  time  periods  made  by  a social
 services district for an approved juvenile  justice  services  close  to
 home  initiative  shall, if approved by the department of family assist-
 ance, be subject to reimbursement with state funds only up to the extent
 of an annual  appropriation  made  specifically  therefor,  after  first
 deducting  therefrom  any  federal  funds  properly  received  or  to be
 received on account thereof; provided, however,  that  when  such  funds
 have  been  exhausted,  a  social  services  district  may receive state
 reimbursement from other available state appropriations for  that  state
 fiscal  year for eligible expenditures for services that otherwise would
 be reimbursable under such funding streams. Any claims  submitted  by  a
 social services district for reimbursement for a particular state fiscal
 year  for  which  the  social  services  district does not receive state
 reimbursement from the annual appropriation for the  approved  close  to
 home initiative may not be claimed against that district's appropriation
 for the initiative for the next or any subsequent state fiscal year.
   (i)  State  funding  for  reimbursement shall be, subject to appropri-
 ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
 $35,200,000  adjusted by any changes in such amount required by subpara-
 graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
 $41,400,000  adjusted  to  include the amount of any changes made to the
 state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
 (iii)  of  this  paragraph  plus any additional changes required by such
 subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
 ation,  for all subsequent state fiscal years in the amount of the prior
 year's actual appropriation adjusted by any changes required by subpara-
 graphs (ii) and (iii) of this paragraph.

 A. 4876                            34
 
   (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
 paragraph  shall  be  increased  or decreased by the percentage that the
 average of the most recently approved maximum state aid rates for  group
 residential  foster care programs is higher or lower than the average of
 the  approved  maximum state aid rates for group residential foster care
 programs in existence immediately prior to the  most  recently  approved
 rates.
   (iii)  The reimbursement amounts set forth in subparagraph (i) of this
 paragraph shall be increased if either the population of  alleged  juve-
 nile  delinquents who receive a probation intake or the total population
 of adjudicated juvenile delinquents placed on  probation  combined  with
 the  population  of adjudicated juvenile delinquents placed out of their
 homes in a setting other than a  secure  facility  pursuant  to  section
 352.2  of  the  family court act, increases by at least ten percent over
 the respective population in the annual baseline year. The baseline year
 shall be the period from July first, two thousand ten through June thir-
 tieth, two thousand eleven or the most recent twelve  month  period  for
 which  there  is  complete  data, whichever is later. In each successive
 year, the population of the previous July first through  June  thirtieth
 period  shall  be  compared  to  the  baseline  year for determining any
 adjustments to a state fiscal year appropriation. When either population
 increases by ten percent or more, the reimbursement will be adjusted  by
 a  percentage  equal  to the larger of the percentage increase in either
 the number of probation intakes for alleged juvenile delinquents or  the
 total population of adjudicated juvenile delinquents placed on probation
 combined  with the population of adjudicated juvenile delinquents placed
 out of their homes in a setting other than a secure facility pursuant to
 section 352.2 of the family court act.
   (iv) The social services district and/or the New York city  department
 of  probation shall provide an annual report including the data required
 to calculate the population adjustment to the New York  city  office  of
 management and budget, the division of criminal justice services and the
 state  division  of  the budget no later than the first day of September
 following the close of the previous July first  through  June  thirtieth
 period.
   (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
 PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
 EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
 APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
 INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
 SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
 PROVISIONS  IN  A  CHAPTER  OF  THE  LAWS OF TWO THOUSAND SEVENTEEN THAT
 INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   (b)  The  department  of  family  assistance  is  authorized,  in  its
 discretion,  to  make  advances  to a social services district in antic-
 ipation of the state reimbursement provided for in this section.
   (c) A social services  district  shall  conduct  eligibility  determi-
 nations  for  federal and state funding and submit claims for reimburse-
 ment in such form and manner and at such times and for such  periods  as
 the department of family assistance shall determine.
   (d) Notwithstanding any inconsistent provision of law or regulation of
 the  department  of  family assistance, state reimbursement shall not be
 made for any expenditure made for the duplication of any grant or allow-
 ance for any period.
   (e) Claims submitted by a social services district  for  reimbursement
 shall  be  paid after deducting any expenditures defrayed by fees, third

 A. 4876                            35
 
 party reimbursement, and any non-tax levy funds  including  any  donated
 funds.
   (f) The office of children and family services shall not reimburse any
 claims for expenditures for residential services that are submitted more
 than  twenty-two months after the calendar quarter in which the expendi-
 tures were made.
   (g) Notwithstanding any other provision of law, the state shall not be
 responsible for reimbursing a social services district  and  a  district
 shall  not  seek state reimbursement for any portion of any state disal-
 lowance or sanction taken against the social services district,  or  any
 federal  disallowance  attributable to final federal agency decisions or
 to settlements made, when such disallowance or sanction results from the
 failure of the social services district to comply with federal or  state
 requirements,  including, but not limited to, failure to document eligi-
 bility for the federal or state funds in the case record. To the  extent
 that the social services district has sufficient claims other than those
 that are subject to disallowance or sanction to draw down the full annu-
 al  appropriation,  such  disallowance or sanction shall not result in a
 reduction in payment of state funds to the district unless the  district
 requests  that  the department use a portion of the appropriation toward
 meeting the district's responsibility to repay  the  federal  government
 for the disallowance or sanction and any related interest payments.
   (h) Rates for residential services. (i) The office shall establish the
 rates,  in  accordance with section three hundred ninety-eight-a of this
 chapter, for any non-secure facilities  established  under  an  approved
 juvenile justice services close to home initiative. For any such non-se-
 cure  facility  that  will  be  used  primarily  by  the social services
 district with an approved close to home initiative, final authority  for
 establishment  of  such  rates  and any adjustments thereto shall reside
 with the office, but such rates and any  adjustments  thereto  shall  be
 established  only  upon  the  request of, and in consultation with, such
 social services district.
   (ii) A social services district  with  an  approved  juvenile  justice
 services  close  to  home  initiative for juvenile delinquents placed in
 limited secure settings  shall  have  the  authority  to  establish  and
 adjust,  on  an  annual  or regular basis, maintenance rates for limited
 secure facilities providing residential services under such  initiative.
 Such  rates  shall  not  be  subject  to the provisions of section three
 hundred ninety-eight-a of this chapter but shall be subject  to  maximum
 cost limits established by the office of children and family services.
   §  52.  Paragraph  (a) of subdivision 1 of section 409-a of the social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a) A social services official shall provide preventive services to  a
 child  and  his  or  her family, in accordance with the family's service
 plan as required by section four hundred nine-e of this chapter and  the
 social  services  district's  child  welfare services plan submitted and
 approved pursuant to section four hundred nine-d of this chapter, upon a
 finding by such official that (i) the child will be placed, returned  to
 or  continued  in foster care unless such services are provided and that
 it is reasonable to believe that by providing such  services  the  child
 will be able to remain with or be returned to his or her family, and for
 a former foster care youth under the age of twenty-one who was previous-
 ly  placed  in  the  care and custody or custody and guardianship of the

 A. 4876                            36
 
 local commissioner of social services or other officer, board or depart-
 ment authorized to receive  children  as  public  charges  where  it  is
 reasonable  to believe that by providing such services the former foster
 care  youth  will avoid a return to foster care or (ii) the child is the
 subject of a petition under article seven of the family  court  act,  or
 has  been  determined  by the assessment service established pursuant to
 section two hundred forty-three-a  of  the  executive  law,  or  by  the
 probation  service where no such assessment service has been designated,
 to be at risk of being the subject of such a petition,  and  the  social
 services official determines that the child is at risk of placement into
 foster  care.  Such finding shall be entered in the child's uniform case
 record established and  maintained  pursuant  to  section  four  hundred
 nine-f of this chapter. The commissioner shall promulgate regulations to
 assist social services officials in making determinations of eligibility
 for  mandated  preventive services pursuant to this [subparagraph] PARA-
 GRAPH.
   § 53. Section 30.00 of the penal law, as amended by chapter 481 of the
 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
 is amended to read as follows:
 § 30.00 Infancy.
   1. Except as provided in [subdivision] SUBDIVISIONS two AND  THREE  of
 this  section,  a  person  less than [sixteen] EIGHTEEN years old is not
 criminally responsible for conduct.
   2. A person thirteen, fourteen [or], fifteen,  SIXTEEN,  OR  SEVENTEEN
 years  of  age is criminally responsible for acts constituting murder in
 the second degree as defined in subdivisions  one  and  two  of  section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally  responsible  or  for such conduct as a sexually motivated felony,
 where authorized pursuant to section 130.91  of  [the  penal  law]  THIS
 CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
 of  age  is  criminally  responsible  for  acts  constituting the crimes
 defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
 (arson  in the first degree); subdivisions one and two of section 120.10
 (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
 degree);  subdivisions  one and two of section 130.35 (rape in the first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  140.30  (burglary  in  the  first  degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10  (robbery  in  the  second  degree)  of this chapter; or
 section 265.03 of this chapter, where such machine gun or  such  firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen  of  section 220.00 of this chapter; or defined in this chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or for such conduct as a sexually motivated felony,  where
 authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   3.  A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
 BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION  460.22  (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
 INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
 490.50  (CRIMINAL  USE  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
 SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR  BIOLOGICAL
 WEAPON  IN  THE  FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE
 OFFICER OR A PEACE OFFICER);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE

 A. 4876                            37
 
 FIRST  DEGREE);  215.17  (INTIMIDATING  A VICTIM OR WITNESS IN THE FIRST
 DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE  FIRST  DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM  IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
 CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47  (CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
 121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL  POSSESSION
 OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   4. In any prosecution for an offense, lack of criminal  responsibility
 by reason of infancy, as defined in this section, is a defense.
   §  54.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted for a conviction for any felony, the court
 must impose a sentence authorized to be imposed upon a person  convicted
 of  a  class  E  felony  provided,  however, that (A) the court must not
 impose a sentence of [conditional discharge or] unconditional  discharge
 if  the  youthful offender finding was substituted for a conviction of a
 felony defined in article two hundred twenty of this chapter.
   § 55. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:
 § 60.10 Authorized disposition; juvenile offender.
   1.  When a juvenile offender is convicted of a crime, the court  shall
 sentence  the defendant to imprisonment in accordance with section 70.05
 or sentence [him] THE DEFENDANT upon  a  youthful  offender  finding  in
 accordance with section 60.02 of this chapter.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 Provided,  however, that the limitation prescribed by this section shall
 not be deemed or construed to bar use of  a  conviction  of  a  juvenile
 offender,  other  than  a  juvenile  offender who has been adjudicated a
 youthful offender pursuant to section 720.20 of the  criminal  procedure
 law,  as  a  previous  or predicate felony offender under section 70.04,
 70.06, 70.07, 70.08[, or 70.10,] OR 70.80 when sentencing a  person  who
 commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
 EIGHTEEN.
   §  56.  Paragraph  (b)  of subdivision 2 of section 70.05 of the penal
 law, as added by chapter 481 of the laws of 1978, is amended and  a  new
 paragraph (b-1) is added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
 MURDER IN THE SECOND DEGREE, the term shall be fixed by the  court,  and
 shall be at least twelve years but shall not exceed fifteen years;
   (B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
 SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS;
   §  57.  Paragraph  (b)  of subdivision 3 of section 70.05 of the penal
 law, as added by chapter 481 of the laws of 1978, is amended and  a  new
 subdivision (b-1) is added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
 MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be

 A. 4876                            38
 
 fixed by the court and shall be not less than four years but  shall  not
 exceed six years; and
   (B-1)  FOR  A  CLASS  A-II  FELONY, THE MINIMUM PERIOD OF IMPRISONMENT
 SHALL BE FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE  YEARS  BUT
 SHALL NOT EXCEED FIVE YEARS; AND
   §  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. [(a)] Indeterminate or determinate sentence. Except as provided  in
 subdivision  four  of this section, when an indeterminate or determinate
 sentence of imprisonment is imposed, the court shall commit the  defend-
 ant  to the custody of the state department of corrections and community
 supervision for the term of his or her sentence and  until  released  in
 accordance  with  the law; provided, however, that a defendant sentenced
 pursuant to subdivision seven of section 70.06 shall be committed to the
 custody of the state department of corrections and community supervision
 for immediate delivery to a reception center operated by the department.
   [(b) The court in committing a defendant who is not yet eighteen years
 of age to the department of corrections and community supervision  shall
 inquire as to whether the parents or legal guardian of the defendant, if
 present,  will  grant  to  the  minor the capacity to consent to routine
 medical, dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits a defendant who is not yet eighteen years of age to the  custody
 of the department of corrections and community supervision in accordance
 with this section and no medical consent has been obtained prior to said
 commitment,  the  commitment order shall be deemed to grant the capacity
 to consent to routine medical, dental and  mental  health  services  and
 treatment to the person so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an  inmate  who is not yet eighteen years of age from making a
 motion on notice to the department of corrections and  community  super-
 vision  pursuant  to  article  twenty-two  of the civil practice law and
 rules and section one hundred forty of the correction law, objecting  to
 routine  medical,  dental  or mental health services and treatment being
 provided to such inmate under the provisions of paragraph  (b)  of  this
 subdivision.
   (e)  Nothing  in  this  section shall require that consent be obtained
 from the parent or legal guardian, where  no  consent  is  necessary  or
 where  the  defendant  is authorized by law to consent on his or her own
 behalf to any medical, dental, and mental health service or treatment.]
   § 58-a. Subdivision d of section 74 of chapter 3 of the laws of  1995,
 enacting  the sentencing reform act of 1995, as amended by section 19 of
 part B of chapter 55 of the laws of 2015, is amended and a new  subdivi-
 sion d-1 is added to read as follows:
   d.  Sections  one-a  through  EIGHT,  TEN  THROUGH twenty, twenty-four
 through twenty-eight, thirty through thirty-nine, forty-two  and  forty-
 four of this act shall be deemed repealed on September 1, 2017;
   D-1. SECTION NINE OF THIS ACT SHALL BE DEEMED REPEALED ON SEPTEMBER 1,
 2019;
   §  59.  Subdivision 2 of section 70.20 of the penal law, as amended by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. [(a)] Definite sentence. Except as provided in subdivision four  of
 this  section,  when a definite sentence of imprisonment is imposed, the
 court shall commit the defendant to the county or regional  correctional

 A. 4876                            39
 
 institution  for  the term of his sentence and until released in accord-
 ance with the law.
   [(b) The court in committing a defendant who is not yet eighteen years
 of  age  to  the local correctional facility shall inquire as to whether
 the parents or legal guardian of the defendant, if present,  will  grant
 to  the  minor  the  capacity  to consent to routine medical, dental and
 mental health services and treatment.
   (c) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an inmate who is not yet eighteen years of  age  from  making  a
 motion  on  notice  to the local correction facility pursuant to article
 twenty-two of the civil practice law and rules and section  one  hundred
 forty  of  the  correction  law, objecting to routine medical, dental or
 mental health services and treatment being provided to such inmate under
 the provisions of paragraph (b) of this subdivision.]
   § 60. Subdivision 4 of section 70.20 of the penal law, as  amended  by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   4.  (a)  Notwithstanding any other provision of law to the contrary, a
 juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
 ful  offender and given an indeterminate or a definite sentence, AND WHO
 IS UNDER THE AGE OF TWENTY-ONE AT  THE  TIME  OF  SENTENCING,  shall  be
 committed  to  the custody of the commissioner of the office of children
 and family services who shall arrange for the confinement of such offen-
 der in [secure] facilities of the office. The  release  or  transfer  of
 such  offenders from the office of children and family services shall be
 governed by section five hundred eight of  the  executive  law.  IF  THE
 JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED A YOUTHFUL OFFENDER AND IS
 TWENTY-ONE  YEARS  OF  AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
 PERSON  WHO  IS  SENTENCED  TO AN INDETERMINATE SENTENCE AS AN ADULT FOR
 COMMITTING A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF  AGE
 WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND SEVENTEEN TO A
 TERM  OF  AT  LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER THE AGE OF
 EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE  COMMITTED  TO  THE
 CUSTODY  OF  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES WHO SHALL ARRANGE FOR  THE  CONFINEMENT  OF  SUCH  OFFENDER  IN
 FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
 THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION
 FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   (b) The court in committing [a juvenile offender and  youthful  offen-
 der]  AN  OFFENDER  UNDER  EIGHTEEN  YEARS  OF AGE to the custody of the
 office of children and family services shall inquire as to  whether  the
 parents or legal guardian of the youth, if present, will consent for the
 office  of  children  and  family  services  to provide routine medical,
 dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits an offender to the custody of the office of children and  family
 services in accordance with this section and no medical consent has been
 obtained  prior to said commitment, the commitment order shall be deemed
 to grant consent for the office  of  children  and  family  services  to
 provide  for  routine  medical,  dental  and  mental health services and
 treatment to the offender so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an offender who is not yet eighteen years of age from  making  a

 A. 4876                            40
 
 motion  on notice to the office of children and family services pursuant
 to article twenty-two of the civil practice law and rules  objecting  to
 routine  medical,  dental  or mental health services and treatment being
 provided  to such offender under the provisions of paragraph (b) of this
 subdivision.
   (e) Nothing in this section shall require  that  consent  be  obtained
 from  the  parent  or  legal  guardian, where no consent is necessary or
 where the offender is authorized by law to consent on  his  or  her  own
 behalf to any medical, dental and mental health service or treatment.
   §  60-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
 law, as added by chapter 481 of the laws of 1978 and relettered by chap-
 ter 3 of the laws of 1995, is amended to read as follows:
   (f) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile offender for two or more crimes, not including a class A  felo-
 ny,  committed  before  he  has reached the age of sixteen, shall, if it
 exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
 nate  sentences  imposed upon a juvenile offender include a sentence for
 [the] A class A felony [of arson in the first degree or for the class  A
 felony  of  kidnapping  in  the  first  degree] OTHER THAN MURDER IN THE
 SECOND DEGREE, then the aggregate maximum term of such sentences  shall,
 if  it  exceeds  fifteen years, be deemed to be fifteen years. Where the
 aggregate maximum term of two or more consecutive sentences  is  reduced
 by  a calculation made pursuant to this paragraph, the aggregate minimum
 period of imprisonment, if it exceeds one-half of the aggregate  maximum
 term  as  so  reduced,  shall  be deemed to be one-half of the aggregate
 maximum term as so reduced.
   § 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2) a person fourteen [or], fifteen, SIXTEEN OR  SEVENTEEN  years  old
 who  is  criminally responsible for acts constituting the crimes defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree)  and  in  subdivision  three  of  such section provided that the
 underlying crime for the murder charge is one for which such  person  is
 criminally responsible; section 135.25 (kidnapping in the first degree);
 150.20  (arson in the first degree); subdivisions one and two of section
 120.10 (assault in the first degree); 125.20 (manslaughter in the  first
 degree);  subdivisions  one and two of section 130.35 (rape in the first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  140.30  (burglary  in  the  first  degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10  (robbery  in  the  second  degree)  of this chapter; or
 section 265.03 of this chapter, where such machine gun or  such  firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen  of  section 220.00 of this chapter; or defined in this chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or such conduct as  a  sexually  motivated  felony,  where
 authorized  pursuant  to section 130.91 of [the penal law] THIS CHAPTER;
 AND

 A. 4876                            41
 
   (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
 BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION  460.22  (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
 INAL  POSSESSION  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE);  490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
 IN THE SECOND DEGREE); 490.55 (CRIMINAL USE  OF  A  CHEMICAL  WEAPON  OR
 BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON
 A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN
 THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
 DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE  FIRST  DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM  IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
 CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47  (CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
 121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL  POSSESSION
 OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42. "Juvenile offender" means (1) a person, thirteen years old who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions one and two of section 125.25 of the penal
 law, or such conduct as a sexually motivated  felony,  where  authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or],  fifteen, SIXTEEN OR SEVENTEEN years old who is criminally respon-
 sible for acts constituting the crimes defined in subdivisions  one  and
 two  of  section 125.25 (murder in the second degree) and in subdivision
 three of such section provided that the underlying crime for the  murder
 charge  is  one for which such person is criminally responsible; section
 135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
 degree);  subdivisions  one  and  two  of section 120.10 (assault in the
 first degree); 125.20 (manslaughter in the first  degree);  subdivisions
 one  and  two of section 130.35 (rape in the first degree); subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
 the first degree); subdivision two of section  160.10  (robbery  in  the
 second  degree)  of  the  penal law; or section 265.03 of the penal law,
 where such machine gun or such firearm is possessed on  school  grounds,
 as  that  phrase is defined in subdivision fourteen of section 220.00 of
 the penal law; or defined in the penal  law  as  an  attempt  to  commit
 murder  in  the second degree or kidnapping in the first degree, or such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section  130.91  of the penal law; AND (3) A PERSON SIXTEEN OR SEVENTEEN
 YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE  CRIMES
 DEFINED  IN  SECTION  460.22  (AGGRAVATED ENTERPRISE CORRUPTION); 490.25
 (CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION OF A  CHEMICAL  WEAPON
 OR  BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE  OFFICER  OR  A  PEACE
 OFFICER);  125.22  (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.17
 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL

 A. 4876                            42
 
 POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE  OF  A
 FIREARM  IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE
 FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN  THE  FIRST
 DEGREE);  490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL  WEAPON
 OR  BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE
 FIRST DEGREE); 490.37 (CRIMINAL  POSSESSION  OF  A  CHEMICAL  WEAPON  OR
 BIOLOGICAL  WEAPON IN THE THIRD DEGREE) OF THIS CHAPTER; OR A FELONY SEX
 OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION  70.80
 OF THIS CHAPTER.
   § 63. The article heading of article 100 of the criminal procedure law
 is amended to read as follows:
                      --COMMENCEMENT OF ACTION IN LOCAL
         CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                  CRIMINAL COURT] ACCUSATORY INSTRUMENTS
   § 63-a. The opening paragraph of section 100.05 of the criminal proce-
 dure law is amended to read as follows:
   A  criminal action is commenced by the filing of an accusatory instru-
 ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER,  THE
 YOUTH  PART  OF THE SUPERIOR COURT, and if more than one such instrument
 is filed in  the  course  of  the  same  criminal  action,  such  action
 commences  when the first of such instruments is filed.  The only way in
 which a criminal action can be commenced in a superior court is  by  the
 filing  therewith  by  a grand jury of an indictment against a defendant
 who has never been held by a local criminal court for the action of such
 grand jury with respect to any  charge  contained  in  such  indictment;
 PROVIDED,  HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST A
 JUVENILE OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF  COMMENCE-
 MENT,  SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF THE
 YOUTH PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE  MAGISTRATE
 DESIGNATED  BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLI-
 CABLE DEPARTMENT TO ACT AS A YOUTH PART.  Otherwise, a  criminal  action
 can be commenced only in a local criminal court, by the filing therewith
 of a local criminal court accusatory instrument, namely:
   § 63-b. The section heading and subdivision 5 of section 100.10 of the
 criminal procedure law are amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; definitions thereof.
   5.  A "felony complaint" is a verified written accusation by a person,
 filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR  COURT,
 charging  one  or  more other persons with the commission of one or more
 felonies.   It serves as a basis for  the  commencement  of  a  criminal
 action, but not as a basis for prosecution thereof.
   §  63-c.  The section heading of section 100.40 of the criminal proce-
 dure law is amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; sufficiency on face.
   §  63-d. The criminal procedure law is amended by adding a new section
 100.60 to read as follows:
 § 100.60 YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENTS;  IN
            WHAT COURTS FILED.
   ANY  YOUTH  PART  OF  THE  SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE
 FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A  PARTICULAR  COUNTY
 WHEN  AN  OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY
 OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.

 A. 4876                            43
 
   § 63-e. The article heading of article 110 of the  criminal  procedure
 law is amended to read as follows:
                     --REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   § 63-f. The section heading and subdivisions 1 and 2 of section 110.10
 of the criminal procedure law are amended to read as follows:
   Methods of requiring defendant's appearance in local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT for arraignment; in general.
   1.  After  a  criminal  action  has been commenced in a local criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument therewith, a defendant who has  not  been  arraigned  in  the
 action and has not come under the control of the court may under certain
 circumstances  be  compelled  or required to appear for arraignment upon
 such accusatory instrument by:
   (a)  The issuance and execution of a warrant of arrest, as provided in
 article one hundred twenty; or
   (b)  The issuance and service upon him of a summons,  as  provided  in
 article one hundred thirty; or
   (c)   Procedures provided in articles five hundred sixty, five hundred
 seventy, five hundred eighty, five hundred ninety and  six  hundred  for
 securing  attendance  of  defendants  in criminal actions who are not at
 liberty within the state.
   2.  Although no criminal action against a person has been commenced in
 any court, he may under certain circumstances be compelled  or  required
 to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
 for arraignment upon an accusatory instrument to be filed  therewith  at
 or before the time of his appearance by:
   (a)    An  arrest  made  without a warrant, as provided in article one
 hundred forty; or
   (b)  The issuance and service upon him of  an  appearance  ticket,  as
 provided in article one hundred fifty.
   §  63-g.  Section  110.20 of the criminal procedure law, as amended by
 chapter 843 of the laws of 1980, is amended to read as follows:
 § 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT  accu-
             satory instruments; notice thereof to district attorney.
   When  a  criminal action in which a crime is charged is commenced in a
 local criminal court, other than the criminal court of the city  of  New
 York,  OR  YOUTH  PART  OF  THE SUPERIOR COURT, a copy of the accusatory
 instrument shall be promptly transmitted  to  the  appropriate  district
 attorney  upon or prior to the arraignment of the defendant on the accu-
 satory instrument.   If a police officer  or  a  peace  officer  is  the
 complainant  or  the  filer of a simplified information, or has arrested
 the defendant or brought him before the local criminal  court  OR  YOUTH
 PART  OF THE SUPERIOR COURT on behalf of an arresting person pursuant to
 subdivision one of section 140.20, such  officer  or  his  agency  shall
 transmit  the  copy  of  the  accusatory  instrument  to the appropriate
 district attorney.  In all other cases, the clerk of the court in  which
 the defendant is arraigned shall so transmit it.
   §  63-h.  The  opening paragraph of subdivision 1 of section 120.20 of
 the criminal procedure law, as amended by chapter 506  of  the  laws  of
 2000, is amended to read as follows:
   When a criminal action has been commenced in a local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
 ry  instrument,  other  than a simplified traffic information, against a

 A. 4876                            44
 
 defendant who has not been arraigned upon such accusatory instrument and
 has not come under the control of the court with respect thereto:
   §  63-i.  Section  120.30  of the criminal procedure law is amended to
 read as follows:
 § 120.30  Warrant of arrest; by what courts issuable and in what  courts
              returnable.
   1.  A warrant of arrest may be issued only by the local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
 instrument has been filed, and it may be made returnable in such issuing
 court only.
   2.    The  particular  local criminal court or courts OR YOUTH PART OF
 SUPERIOR COURT with which any particular local criminal court  OR  YOUTH
 PART  OF  THE  SUPERIOR COURT accusatory instrument may be filed for the
 purpose of obtaining a warrant of arrest are determined,  generally,  by
 the provisions of section 100.55 OR 100.60, AS APPLICABLE.  If, however,
 a  particular  accusatory instrument may pursuant to said section 100.55
 be filed with a particular town court and such town court is not  avail-
 able  at  the  time  such instrument is sought to be filed and a warrant
 obtained, such accusatory instrument may be filed with the town court of
 any adjoining town of the same county.  If such instrument may be  filed
 pursuant to said section 100.55 with a particular village court and such
 village  court  is  not  available at the time, it may be filed with the
 town court of the town embracing such village, or if such town court  is
 not  available  either, with the town court of any adjoining town of the
 same county.
   § 63-j. Section 120.55 of the criminal procedure law,  as  amended  by
 section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
 § 120.55  Warrant of arrest; defendant under parole or probation  super-
              vision.
   If  the  defendant  named within a warrant of arrest issued by a local
 criminal court OR YOUTH PART OF  THE  SUPERIOR  COURT  pursuant  to  the
 provisions  of  this  article, or by a superior court issued pursuant to
 subdivision three of section 210.10 of this chapter, is under the super-
 vision of the state department of corrections and community  supervision
 or  a local or state probation department, then a warrant for his or her
 arrest may be executed by a parole officer or  probation  officer,  when
 authorized by his or her probation director, within his or her geograph-
 ical area of employment.  The execution of the warrant by a parole offi-
 cer or probation officer shall be upon the same conditions and conducted
 in  the  same  manner as provided for execution of a warrant by a police
 officer.
   § 63-k. Subdivision 1 of section 120.70 of the criminal procedure  law
 is amended to read as follows:
   1.    A  warrant of arrest issued by a district court, by the New York
 City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
 court judge sitting as a local criminal court may be  executed  anywhere
 in the state.
   §  63-l.  Section  120.90 of the criminal procedure law, as amended by
 chapter 424 of the laws of 1998, subdivision 8 as amended by chapter  96
 of the laws of 2010, is amended to read as follows:
 § 120.90  Warrant of arrest; procedure after arrest.
   1.    Upon arresting a defendant for any offense pursuant to a warrant
 of arrest in the county in which the warrant is  returnable  or  in  any
 adjoining  county,  or  upon  so arresting him for a felony in any other
 county, a police officer, if he be one to whom the warrant is addressed,

 A. 4876                            45
 
 must without unnecessary delay bring  the  defendant  before  the  local
 criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
 is returnable.
   2.    Upon arresting a defendant for any offense pursuant to a warrant
 of arrest in a county adjoining the  county  in  which  the  warrant  is
 returnable, or upon so arresting him for a felony in any other county, a
 police  officer,  if he be one delegated to execute the warrant pursuant
 to section 120.60, must without unnecessary delay deliver the  defendant
 or  cause  him  to be delivered to the custody of the officer by whom he
 was so delegated, and the latter must then proceed as provided in subdi-
 vision one.
   3.  Upon arresting a defendant for an  offense  other  than  a  felony
 pursuant  to a warrant of arrest in a county other than the one in which
 the warrant is returnable or one adjoining it, a police officer,  if  he
 be  one to whom the warrant is addressed, must inform the defendant that
 he has a right to appear before a local criminal court of the county  of
 arrest  for  the  purpose  of  being released on his own recognizance or
 having bail fixed.  If the defendant does not desire to avail himself of
 such right, the officer must request him to endorse such fact  upon  the
 warrant,  and upon such endorsement the officer must without unnecessary
 delay bring him before the court in which the warrant is returnable.  If
 the defendant does desire to avail himself  of  such  right,  or  if  he
 refuses to make the aforementioned endorsement, the officer must without
 unnecessary  delay bring him before a local criminal court of the county
 of arrest.  Such court must release the defendant on  his  own  recogni-
 zance or fix bail for his appearance on a specified date in the court in
 which  the  warrant  is  returnable.   If the defendant is in default of
 bail, the officer must without unnecessary delay bring  him  before  the
 court in which the warrant is returnable.
   4.    Upon  arresting  a  defendant for an offense other than a felony
 pursuant to a warrant of arrest in a county other than the one in  which
 the  warrant  is returnable or one adjoining it, a police officer, if he
 be one delegated to execute the warrant pursuant to section 120.60,  may
 hold  the  defendant in custody in the county of arrest for a period not
 exceeding two hours for the purpose of delivering him to the custody  of
 the  officer  by  whom  he was delegated to execute such warrant. If the
 delegating officer receives custody of the defendant during such period,
 he must proceed as provided in subdivision three. Otherwise, the  deleg-
 ated  officer  must  inform  the defendant that he has a right to appear
 before a local criminal court for the purpose of being released  on  his
 own recognizance or having bail fixed.  If the defendant does not desire
 to  avail  himself  of such right, the officer must request him to make,
 sign and deliver to him a written statement of such  fact,  and  if  the
 defendant does so, the officer must retain custody of him but must with-
 out  unnecessary  delay  deliver him or cause him to be delivered to the
 custody of the delegating police officer. If the defendant  does  desire
 to avail himself of such right, or if he refuses to make and deliver the
 aforementioned  statement, the delegated or arresting officer must with-
 out unnecessary delay bring him before a local  criminal  court  of  the
 county  of  arrest  and  must  submit  to such court a written statement
 reciting the material facts concerning the issuance of the warrant,  the
 offense  involved,  and  all  other  essential matters relating thereto.
 Upon the submission of such  statement,  such  court  must  release  the
 defendant  on  his  own recognizance or fix bail for his appearance on a
 specified date in the court in which the warrant is returnable.  If  the
 defendant  is in default of bail, the officer must retain custody of him

 A. 4876                            46
 
 but must without unnecessary delay deliver him or cause him to be deliv-
 ered to the custody of the delegating  officer.    Upon  receiving  such
 custody,  the  latter must without unnecessary delay bring the defendant
 before the court in which the warrant is returnable.
   5.   Whenever a police officer is required pursuant to this section to
 bring an arrested defendant before a town court in which  a  warrant  of
 arrest  is  returnable,  and  if such town court is not available at the
 time, such officer must, if a copy of the underlying accusatory  instru-
 ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
 instead bring such defendant before any village court embraced, in whole
 or in part, by such town, or any local criminal court  of  an  adjoining
 town  or city of the same county or any village court embraced, in whole
 or in part, by such adjoining town. When the court in which the  warrant
 is returnable is a village court which is not available at the time, the
 officer  must  in such circumstances bring the defendant before the town
 court of the town embracing such village  or  any  other  village  court
 within  such  town or, if such town court or village court is not avail-
 able either, before the local criminal court of any town or city of  the
 same county which adjoins such embracing town or, before the local crim-
 inal court of any village embraced in whole or in part by such adjoining
 town.  When the court in which the warrant is returnable is a city court
 which is not available at the time, the officer  must  in  such  circum-
 stances  bring  the  defendant  before  the  local criminal court of any
 adjoining town or village embraced in whole or in part by such adjoining
 town of the same county.
   5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS  SECTION,
 TO  BRING  AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT
 IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF  SUCH  COURT  IS  NOT
 AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
 MOST  ACCESSIBLE  MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   6.  Before bringing a defendant arrested pursuant to a warrant  before
 the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
 warrant  is  returnable, a police officer must without unnecessary delay
 perform all fingerprinting and other preliminary police duties  required
 in  the  particular  case.  In  any  case  in which the defendant is not
 brought by a police officer before such court but, following his  arrest
 in another county for an offense specified in subdivision one of section
 160.10,  is  released  by a local criminal court of such other county on
 his own recognizance or on bail for his appearance on a  specified  date
 before  the local criminal court before which the warrant is returnable,
 the latter court must, upon arraignment  of  the  defendant  before  it,
 direct  that  he  be fingerprinted by the appropriate officer or agency,
 and that he appear at an appropriate designated time and place for  such
 purpose.
   7.  Upon arresting a juvenile offender, the police officer shall imme-
 diately  notify  the  parent or other person legally responsible for his
 care or the person with whom he is domiciled, that the juvenile offender
 has been arrested, and the location of the facility where  he  is  being
 detained.
   8.    Upon  arresting a defendant, other than a juvenile offender, for
 any offense pursuant to a warrant of arrest,  a  police  officer  shall,
 upon  the  defendant's  request,  permit the defendant to communicate by
 telephone provided by the law enforcement facility where  the  defendant
 is held to a phone number located anywhere in the United States or Puer-
 to  Rico, for the purposes of obtaining counsel and informing a relative

 A. 4876                            47
 
 or friend that he or she has been arrested,  unless  granting  the  call
 will  compromise  an  ongoing  investigation  or  the prosecution of the
 defendant.
   §  63-l-1.  Subdivision  1 of section 120.90 of the criminal procedure
 law, as amended by chapter 492 of the laws of 2016, is amended  to  read
 as follows:
   1. Upon arresting a defendant for any offense pursuant to a warrant of
 arrest  in  the  county  in  which  the  warrant is returnable or in any
 adjoining county, or upon so arresting him or her for a  felony  in  any
 other  county, a police officer, if he or she be one to whom the warrant
 is addressed, must without unnecessary delay bring the defendant  before
 the  local  criminal  court OR YOUTH PART OF THE SUPERIOR COURT in which
 such warrant is returnable, provided that, where a local criminal  court
 in  the county in which the warrant is returnable hereunder is operating
 an off-hours arraignment part designated in  accordance  with  paragraph
 (w)  of  subdivision  one of section two hundred twelve of the judiciary
 law at the time of defendant's return, such police officer may bring the
 defendant before such local criminal court.
   § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
 as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
 follows:
   1. A summons is a process issued by a local criminal court directing a
 defendant  designated  in  an information, a prosecutor's information, a
 felony complaint or a misdemeanor complaint filed with such court, OR  A
 YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
 FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
 nated  in  an indictment filed with such court, to appear before it at a
 designated future time in connection with  such  accusatory  instrument.
 The sole function of a summons is to achieve a defendant's court appear-
 ance  in a criminal action for the purpose of arraignment upon the accu-
 satory instrument by which such action was commenced.
   § 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
 chapter 506 of the laws of 2000, is amended to read as follows:
 § 130.30 Summons; when issuable.
   A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
 summons  in any case in which, pursuant to section 120.20, it is author-
 ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
 prosecutor's information, a felony complaint or a misdemeanor complaint.
 If  such  information,  prosecutor's  information,  felony  complaint or
 misdemeanor complaint is not sufficient on its  face  as  prescribed  in
 section  100.40,  and if the court is satisfied that on the basis of the
 available facts or evidence it would be impossible to draw and  file  an
 authorized  accusatory  instrument  that  is sufficient on its face, the
 court must dismiss the accusatory instrument. A superior court may issue
 a summons in any case in  which,  pursuant  to  section  210.10,  it  is
 authorized to issue a warrant of arrest based upon an indictment.
   §  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
 is amended by adding a new paragraph (f) to read as follows:
   (F) IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  EIGHTEEN,  SUCH
 PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
 THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
 THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   § 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:

 A. 4876                            48
 
   6. Upon arresting a juvenile offender without a  warrant,  the  police
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his OR HER care or the person with whom  he  OR  SHE  is
 domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
 CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
 JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
 OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
 ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
 CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
 AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
 NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-
 NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
 IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
 TIONING; AND
   (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
 REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
 JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
 PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   § 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
 as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
 follows:
   2.  Upon arresting a person without a warrant, a peace officer, except
 as  otherwise  provided  in  subdivision  three OR THREE-A, must without
 unnecessary delay bring him or cause him to be brought  before  a  local
 criminal  court,  as  provided  in section 100.55 and subdivision one of
 section 140.20, and must without unnecessary delay file or cause  to  be
 filed  therewith  an  appropriate accusatory instrument.  If the offense
 which is the subject of the arrest is one of those specified in subdivi-
 sion one of section 160.10, the arrested person  must  be  fingerprinted
 and  photographed as therein provided.  In order to execute the required
 post-arrest functions, such arresting peace  officer  may  perform  such
 functions  himself  or he may enlist the aid of a police officer for the
 performance thereof in the manner provided in subdivision one of section
 140.20.
   § 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  IF  THE  ARREST  IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
 PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT.  IF
 THE  YOUTH  PART  IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
 THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVISION  OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   §  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    Upon  arresting a juvenile offender without a warrant, the peace
 officer shall immediately notify the  parent  or  other  person  legally

 A. 4876                            49
 
 responsible for his care or the person with whom he OR SHE is domiciled,
 that  the  juvenile  offender has been arrested, and the location of the
 facility where he OR SHE is being detained.  IF THE  OFFICER  DETERMINES
 THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
 EIGHTEEN YEARS OF AGE WHO FITS  WITHIN  THE  DEFINITION  OF  A  JUVENILE
 OFFENDER  AS  DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
 TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
 THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR,  UPON
 THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
 OF  THE  JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
 HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE  QUESTIONED
 PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
 NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    If  a  police  officer  takes an arrested juvenile offender into
 custody, the police officer shall immediately notify the parent or other
 person legally responsible for his OR HER care or the person  with  whom
 he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
 and the location of the facility where he OR SHE is being detained.   IF
 THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
 OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
 DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
 PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
 THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
 TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
 RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
 A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
 JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
 SION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.

 A. 4876                            50
 
   §  66-a.  Section  150.40  of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, ANY UNIFORM
 TRAFFIC TICKET ISSUED TO A PERSON SIXTEEN  OR  SEVENTEEN  YEARS  OF  AGE
 PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
 OR  ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE RETURNABLE
 TO THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS  BUREAU
 HAVING JURISDICTION.
   §  67.  The  criminal procedure law is amended by adding a new section
 160.56 to read as follows:
 § 160.56 SEALING OF CERTAIN CONVICTIONS.
   1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "ELIGIBLE  OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  TWO  HUNDRED  SIXTY-
 THREE  OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 TWENTY-FIVE OF THE PENAL  LAW,  A  VIOLENT  FELONY  OFFENSE  DEFINED  IN
 SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE
 PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE  DEFINED  IN  ARTICLE  TWO
 HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
 A  SEX  OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
 LAW.  FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
 OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME  CRIMI-
 NAL  TRANSACTION  AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THIS
 CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
   2. A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO  ELIGIBLE  OFFENSES
 BUT  NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH HE
 OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION
 OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME  CLAS-
 SIFICATION,  THE  PETITION  SHALL  BE  FILED  IN  THE COURT IN WHICH THE
 DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE  COURT  MAY
 ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROS-
 ECUTION  AND  CONVICTION  FOR THE DEFENDANT'S PRIOR ELIGIBLE OFFENSES BE
 CONDITIONALLY SEALED WHEN:
   (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
 CRIMES SEALED UNDER SECTION 160.58  OF  THIS  CHAPTER,  OTHER  THAN  THE
 ELIGIBLE OFFENSES;
   (B)  FOR  A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE: THE ENTRY
 OF THE JUDGMENT OR, IF THE DEFENDANT  WAS  SENTENCED  TO  A  CONDITIONAL
 DISCHARGE  OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION
 IMPOSED IN CONJUNCTION WITH  A  SENTENCE  OF  PROBATION  OR  CONDITIONAL
 DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
 TIONAL  DISCHARGE,  OR  IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,
 THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
   (C) FOR AN ELIGIBLE FELONY, AT LEAST THREE YEARS  HAVE  PASSED  SINCE:
 THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
 TIONAL  DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCAR-
 CERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION  OR  CONDI-
 TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
 CONDITIONAL  DISCHARGE,  OR IF THE DEFENDANT WAS SENTENCED TO INCARCERA-
 TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
 EST; AND
   (D) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
 OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
 FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING

 A. 4876                            51
 
 ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE
 FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
 TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
 AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
 TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
 THESE RECORDS;
   (E)  THE  DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
 OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
   (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
 THE ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED, OR IF NO  SUCH  DOCUMENTA-
 TION  IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT THAT THE SENTENCES
 IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
   (G) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH  JURISDICTION
 IN  WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO
 WHICH SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR  SUCH
 OFFENSES,  THAT  THE  COURT  IS  CONSIDERING  SEALING THE RECORDS OF THE
 DEFENDANT'S ELIGIBLE CONVICTIONS. BOTH THE  DISTRICT  ATTORNEY  AND  THE
 COURT  SHALL  BE  GIVEN  A  REASONABLE OPPORTUNITY, WHICH SHALL BE UP TO
 THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID  THE  COURT
 IN  MAKING  SUCH  A  DETERMINATION.  WHEN  THE COURT NOTIFIES A DISTRICT
 ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY  SHALL  PROVIDE
 NOTICE  TO  THE  VICTIM,  IF  ANY, OF THE SEALING APPLICATION BY MAILING
 WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF  THIS
 SECTION  "VICTIM"  MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR FINAN-
 CIAL INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME  OR
 CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
 ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
 ANT'S PETITION; AND
   (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
   3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
 TY  IN  WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
 SEALING APPLICATION, THE COURT MAY CONDUCT A  HEARING  TO  CONSIDER  AND
 REVIEW  ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
 COURT IN ITS DECISION WHETHER TO SEAL THE  RECORDS  OF  THE  DEFENDANT'S
 ARRESTS,  PROSECUTIONS  AND CONVICTIONS. IN MAKING SUCH A DETERMINATION,
 THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
 TO:
   (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES  THAT
 RESULTED IN THE CONVICTION OR CONVICTIONS;
   (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
 ER  HAS  TAKEN  SINCE  THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
 TATION, INCLUDING TREATMENT, WORK, SCHOOL,  OR  OTHER  PERSONAL  HISTORY
 THAT DEMONSTRATES REHABILITATION;
   (C) THE DEFENDANT'S CRIMINAL HISTORY;
   (D)  THE  IMPACT  OF  SEALING  THE DEFENDANT'S RECORDS UPON HIS OR HER
 REHABILITATION AND HIS OR HER  SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
   (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
 FACT A VICTIM OF THE CRIME.
   4.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
 RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
 CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
 THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
 AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;

 A. 4876                            52
 
 PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
 PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
   5.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
 OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
 OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
 FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
 RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
   6. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
 ENFORCEMENT DUTIES;
   (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
 TION FOR SUCH A LICENSE;
   (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
 SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
 OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; OR
   (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
 BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
 USC 921 (A) (3).
   10.  IF,  WITHIN  TEN YEARS FOLLOWING THE ENTRY OF THE JUDGMENT OR, IF
 THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR  A  PERIOD  OF
 PROBATION,  INCLUDING  A  PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION
 WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF
 THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE,  OR  IF  THE
 DEFENDANT  WAS  SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM
 INCARCERATION, THE PERSON WHO IS THE  SUBJECT  OF  SUCH  RECORDS  SEALED
 PURSUANT  TO  THIS  SECTION IS ARRESTED FOR OR FORMALLY CHARGED WITH ANY
 MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
 LY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW  MISDEMEANOR
 OR  FELONY  ARREST  RESULTS  IN A TERMINATION IN FAVOR OF THE ACCUSED AS
 DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF  THIS  ARTICLE  OR  BY
 CONVICTION  FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF
 THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
 ANT TO THIS SECTION.
   11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO  WAIVE  ELIGIBILITY
 FOR  CONDITIONAL  SEALING  PURSUANT TO THIS SECTION AS PART OF A PLEA OF
 GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN  ELIGI-
 BLE  OFFENSE  AND  ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
 FORCEABLE.
   § 68. Section 180.75 of the criminal procedure law, as added by  chap-
 ter  481  of the laws of 1978, paragraph (b) of subdivision 3 as amended
 by chapter 920 of the laws of 1982, subdivision 4 as amended by  chapter
 264  of  the  laws of 2003, and subdivisions 5 and 6 as added by chapter
 411 of the laws of 1979, is amended to read as follows:
 § 180.75 Proceedings upon felony complaint; juvenile offender.

 A. 4876                            53
 
   1. When THE YOUTH PART OF A SUPERIOR COURT IS NOT  IN  SESSION  AND  a
 juvenile  offender is arraigned before [a local criminal court] THE MOST
 ACCESSIBLE MAGISTRATE  DESIGNATED  BY  THE  APPELLATE  DIVISION  OF  THE
 SUPREME  COURT  IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART, the
 provisions  of  this  section  shall  apply in lieu of the provisions of
 sections 180.30, 180.50 and 180.70 of this article.
   2. [If] WHETHER OR NOT the defendant waives a hearing upon the  felony
 complaint,  the  court  must  [order  that the defendant be held for the
 action of the grand jury of the appropriate superior court with  respect
 to the charge or charges contained in the felony complaint] TRANSFER THE
 ACTION  TO THE YOUTH PART OF THE SUPERIOR COURT.  In such case the court
 must promptly transmit to such YOUTH PART  OF  THE  superior  court  the
 order,  the  felony  complaint, the supporting depositions and all other
 pertinent documents.  Until such papers are received by the  YOUTH  PART
 OF  THE  superior court, the action is deemed to be still pending in the
 [local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   3. If there be a hearing, then at the conclusion of the  hearing,  the
 court must dispose of the felony complaint as follows:
   (a) If there is reasonable cause to believe that the defendant commit-
 ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
 criminally responsible, the court must order that the defendant be  held
 for the action of a grand jury of the appropriate superior court; or
   (b)  If  there  is  not reasonable cause to believe that the defendant
 committed a crime for which a person under the age  of  [sixteen]  EIGH-
 TEEN, is criminally responsible but there is reasonable cause to believe
 that  the defendant is a "juvenile delinquent" as defined in subdivision
 one of section 301.2 of the family court act, the court must specify the
 act or acts it found reasonable cause to believe the defendant  did  and
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter; or
   (c)  If  there  is  not reasonable cause to believe that the defendant
 committed any criminal act, the court must dismiss the felony  complaint
 and  discharge  the defendant from custody if he is in custody, or if he
 is at liberty on bail, it must exonerate the bail.
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, [a local criminal] THE court shall, at the request of the
 district attorney, order removal of an action against a juvenile  offen-
 der  to  the  family  court  pursuant to the provisions of article seven
 hundred twenty-five of this chapter if, upon consideration of the crite-
 ria specified in subdivision two of section 210.43 of this  chapter,  it
 is  determined  that  to  do  so  would  be in the interests of justice.
 Where, however, the felony complaint charges the juvenile offender  with
 murder  in  the  second degree as defined in section 125.25 of the penal
 law, rape in the first degree as defined in subdivision one  of  section
 130.35  of  the  penal  law,  criminal sexual act in the first degree as
 defined in subdivision one of section 130.50 of the  penal  law,  or  an
 armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
 section 1.20 of this  chapter,  a  determination  that  such  action  be
 removed  to the family court shall, in addition, be based upon a finding
 of one or more of the following factors:  (i)  mitigating  circumstances
 that  bear directly upon the manner in which the crime was committed; or
 (ii) where the defendant was not the sole participant in the crime,  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the prosecution; or (iii) possible  deficien-
 cies in proof of the crime.

 A. 4876                            54
 
   5.  Notwithstanding the provisions of subdivision two, three, or four,
 if a currently undetermined felony complaint against a juvenile offender
 is pending [in a local criminal court], and the defendant has not waived
 a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
 sion  three  has not commenced, the defendant may move in the YOUTH PART
 OF THE superior court which would exercise the trial jurisdiction of the
 offense or offenses charged were an indictment therefor  to  result,  to
 remove  the action to family court. The procedural rules of subdivisions
 one and two of section 210.45 of this chapter are applicable to a motion
 pursuant to this subdivision. Upon such  motion,  the  [superior]  court
 [shall  be  authorized  to sit as a local criminal court to exercise the
 preliminary jurisdiction specified in subdivisions two and three of this
 section, and] shall proceed and determine  the  motion  as  provided  in
 section  210.43  of  this chapter; provided, however, that the exception
 provisions of paragraph (b) of subdivision one of  such  section  210.43
 shall  not  apply when there is not reasonable cause to believe that the
 juvenile offender committed one or more of the crimes enumerated  there-
 in,  and  in  such  event  the provisions of paragraph (a) thereof shall
 apply.
   6. (a) If the court orders removal of the action to family  court,  it
 shall  state on the record the factor or factors upon which its determi-
 nation is based, and the court shall give its  reasons  for  removal  in
 detail and not in conclusory terms.
   (b)  the district attorney shall state upon the record the reasons for
 his consent to removal of the action to  the  family  court  where  such
 consent  is  required.  The reasons shall be stated in detail and not in
 conclusory terms.
   (c) For the purpose of making a determination pursuant to  subdivision
 four or five, the court may make such inquiry as it deems necessary. Any
 evidence  which  is  not  legally  privileged  may be introduced. If the
 defendant testifies, his testimony may not be introduced against him  in
 any  future  proceeding,  except to impeach his testimony at such future
 proceeding as inconsistent prior testimony.
   (d) Where a motion for removal by the defendant pursuant  to  subdivi-
 sion five has been denied, no further motion pursuant to this section or
 section 210.43 of this chapter may be made by the juvenile offender with
 respect to the same offense or offenses.
   (e)  Except  as  provided  by paragraph (f), this section shall not be
 construed to limit the powers of the grand jury.
   (f) Where a motion by the defendant pursuant to subdivision  five  has
 been granted, there shall be no further proceedings against the juvenile
 offender  in  any  local  or superior criminal court INCLUDING THE YOUTH
 PART OF THE SUPERIOR COURT for the offense or offenses  which  were  the
 subject of the removal order.
   § 68-a. The opening paragraph of section 180.80 of the criminal proce-
 dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
 read as follows:
   Upon application of a defendant against whom a  felony  complaint  has
 been  filed  with a local criminal court OR THE YOUTH PART OF A SUPERIOR
 COURT, and who, since the time of his arrest or subsequent thereto,  has
 been  held  in custody pending disposition of such felony complaint, and
 who has been confined in such custody for a  period  of  more  than  one
 hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
 holiday occurs during such custody, one hundred forty-four hours,  with-
 out  either  a  disposition of the felony complaint or commencement of a

 A. 4876                            55
 
 hearing thereon, the [local criminal] court must release him on his  own
 recognizance unless:
   §  69.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
 procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
 2007,  subdivision  (b) as added by chapter 481 of the laws of 1978, are
 amended to read as follows:
   (a) Except as provided in subdivision six of section  200.20  of  this
 chapter,  a grand jury may not indict (i) a person thirteen years of age
 for any conduct or crime other than conduct constituting a crime defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
 [or], fifteen, SIXTEEN OR SEVENTEEN years of  age  for  any  conduct  or
 crime  other  than  conduct constituting a crime defined in subdivisions
 one and two of section 125.25 (murder  in  the  second  degree)  and  in
 subdivision three of such section provided that the underlying crime for
 the  murder  charge is one for which such person is criminally responsi-
 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
 degree); subdivisions one and two of  section  120.10  (assault  in  the
 first  degree);  125.20 (manslaughter in the first degree); subdivisions
 one and two of section 130.35 (rape in the first  degree);  subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
 the  first  degree);  subdivision  two of section 160.10 (robbery in the
 second degree) of the penal law; subdivision four of section  265.02  of
 the  penal  law,  where  such firearm is possessed on school grounds, as
 that phrase is defined in subdivision fourteen of section 220.00 of  the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such  firearm  is possessed on school grounds, as that phrase is defined
 in subdivision fourteen of section 220.00 of the penal law;  or  defined
 in  the penal law as an attempt to commit murder in the second degree or
 kidnapping in the first degree, or such conduct as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 AND (III) A PERSON SIXTEEN OR  SEVENTEEN  YEARS  OF  AGE  IS  CRIMINALLY
 RESPONSIBLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM);  490.45
 (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
 FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON  OR  BIOLOGICAL
 WEAPON  IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON
 OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);  120.11  (AGGRAVATED  ASSAULT
 UPON   A   POLICE  OFFICER  OR  A  PEACE  OFFICER);  125.22  (AGGRAVATED
 MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A  VICTIM  OR
 WITNESS);  265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
 CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   (b)  A grand jury may vote to file a request to remove a charge to the
 family court if it finds that a person [thirteen, fourteen  or  fifteen]

 A. 4876                            56
 
 SEVENTEEN  years of age OR YOUNGER did an act which, if done by a person
 over the age of [sixteen] EIGHTEEN, would constitute  a  crime  provided
 (1)  such act is one for which it may not indict; (2) it does not indict
 such  person  for  a  crime;  and  (3) the evidence before it is legally
 sufficient to establish that such person did such act and competent  and
 admissible  evidence before it provides reasonable cause to believe that
 such person did such act.
   § 70. Subdivision 6 of section 200.20 of the criminal  procedure  law,
 as  added  by  chapter  136  of  the laws of 1980, is amended to read as
 follows:
   6. Where an indictment charges at least one offense against a  defend-
 ant  who  was  under  the  age  of [sixteen] EIGHTEEN at the time of the
 commission of the crime and who did not lack criminal responsibility for
 such crime by reason of infancy, the indictment may, in addition, charge
 in separate counts one or more other  offenses  for  which  such  person
 would not have been criminally responsible by reason of infancy, if:
   (a)  the offense for which the defendant is criminally responsible and
 the one or more other offenses for which he OR SHE would not  have  been
 criminally  responsible by reason of infancy are based upon the same act
 or upon the same criminal transaction, as that term is defined in subdi-
 vision two of section 40.10 of this chapter; or
   (b) the offenses are of such nature that either  proof  of  the  first
 offense  would  be  material  and admissible as evidence in chief upon a
 trial of the second, or proof of the second would be material and admis-
 sible as evidence in chief upon a trial of the first.
   § 71. Subdivision 1 of section 210.43 of the criminal  procedure  law,
 as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1. After a motion by a juvenile offender, pursuant to subdivision five
 of  section  180.75  of this chapter, or after arraignment of a juvenile
 offender upon an indictment, the YOUTH PART OF A superior court may,  on
 motion of any party or on its own motion:
   (a)  except  as  otherwise  provided by paragraph (b) OF THIS SECTION,
 order removal of  the  action  to  the  family  court  pursuant  to  the
 provisions  of  article  seven  hundred twenty-five of this chapter, if,
 after consideration of the factors set forth in subdivision two of  this
 section, the court determines that to do so would be in the interests of
 justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
 REMOVAL  OF  AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  160.10  OF
 THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
 EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
 OR  THAT  AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM IN OPPO-
 SITION SUBMITTED BY THE DISTRICT ATTORNEY  THAT  BEAR  DIRECTLY  ON  THE
 MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
   (b)  [with  the  consent] AFTER CONSIDERATION OF THE RECOMMENDATION of
 the district attorney, order removal of an action involving  an  indict-
 ment  charging  a  juvenile offender with murder in the second degree as
 defined in section 125.25 of the penal law; rape in the first degree, as
 defined in subdivision one of section 130.35 of the penal law;  criminal
 sexual act in the first degree, as defined in subdivision one of section
 130.50  of the penal law; or an armed felony as defined in paragraph (a)
 of subdivision forty-one of section 1.20, to the family  court  pursuant
 to  the  provisions of article seven hundred twenty-five of this chapter
 if the court finds one or more of the following factors: (i)  mitigating
 circumstances  that bear directly upon the manner in which the crime was

 A. 4876                            57
 
 committed; (ii) where the defendant was not the sole participant in  the
 crime,  the  defendant's participation was relatively minor although not
 so minor as to constitute a defense to the prosecution; or (iii)  possi-
 ble  deficiencies in the proof of the crime, and, after consideration of
 the factors set forth in subdivision two  of  this  section,  the  court
 determined  that  removal  of the action to the family court would be in
 the interests of justice.
   § 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
 procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
 graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
 undesignated paragraph as amended by chapter 920 of the laws of 1982 and
 the closing paragraph as amended by chapter 411 of the laws of 1979,  is
 amended to read as follows:
   (g)  Where  the  defendant  is  a juvenile offender, the provisions of
 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
 any plea entered pursuant to subdivision three or four of this  section,
 must be as follows:
   (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
 SIXTEEN, OR SEVENTEEN years old with the crime of murder in  the  second
 degree  any plea of guilty entered pursuant to subdivision three or four
 must be a plea of guilty of a crime for which the defendant is criminal-
 ly responsible;
   (ii) If the indictment does not charge a crime specified  in  subpara-
 graph (i) of this paragraph, then any plea of guilty entered pursuant to
 subdivision  three or four of this section must be a plea of guilty of a
 crime for which the defendant is criminally responsible unless a plea of
 guilty is accepted pursuant to subparagraph (iii) of this paragraph;
   (iii) Where the indictment  does  not  charge  a  crime  specified  in
 subparagraph  (i) of this paragraph, the district attorney may recommend
 removal of the action to the family court. Upon making such  recommenda-
 tion  the  district  attorney [shall] MAY submit a subscribed memorandum
 setting forth: (1) a recommendation that the interests of justice  would
 best  be served by removal of the action to the family court; and (2) if
 the indictment charges a thirteen year old with the crime of  murder  in
 the  second  degree,  or  a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
 year old with the crimes of rape in  the  first  degree  as  defined  in
 subdivision  one  of section 130.35 of the penal law, or criminal sexual
 act in the first degree as defined in subdivision one of section  130.50
 of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
 subdivision forty-one of section 1.20 of this chapter specific  factors,
 one  or  more  of which reasonably supports the recommendation, showing,
 (i) mitigating circumstances that bear directly upon the manner in which
 the crime was committed, or (ii) where the defendant was  not  the  sole
 participant  in  the crime, that the defendant's participation was rela-
 tively minor although not so minor as to constitute  a  defense  to  the
 prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
 (iv) where the juvenile offender has no previous adjudications of having
 committed a designated felony act, as defined in  subdivision  eight  of
 section  301.2  of  the  family  court act, regardless of the age of the
 offender at the time of commission of the act, that the criminal act was
 not part of a pattern of criminal behavior and, in view of  the  history
 of the offender, is not likely to be repeated.
   If  the court is of the opinion based on specific factors set forth in
 [the district attorney's memorandum] THIS SUBPARAGRAPH that  the  inter-
 ests  of  justice  would  best be served by removal of the action to the
 family court, a plea of guilty of a crime or act for which the defendant

 A. 4876                            58

 is not criminally responsible may be  entered  pursuant  to  subdivision
 three  or  four of this section, except that a thirteen year old charged
 with the crime of murder in the second degree may only plead to a desig-
 nated  felony  act,  as defined in subdivision eight of section 301.2 of
 the family court act.
   Upon accepting any such plea, the court must specify upon  the  record
 the  portion  or portions of the district attorney's statement the court
 is relying upon as the basis of its opinion and  that  it  believes  the
 interests  of  justice would best be served by removal of the proceeding
 to the family court. Such plea shall then be deemed  to  be  a  juvenile
 delinquency  fact  determination  and  the court upon entry thereof must
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter.
   § 72-a. Section 330.25 of the criminal  procedure  law,  as  added  by
 chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
 920 of the laws of 1982, is amended to read as follows:
 § 330.25 Removal after verdict.
   1.  Where  a  defendant  is  a  juvenile  offender  who does not stand
 convicted of murder in the second  degree,  upon  motion  and  with  the
 consent of the district attorney, the action may be removed to the fami-
 ly  court  in the interests of justice pursuant to article seven hundred
 twenty-five of this chapter notwithstanding the verdict.
   2. If the district attorney consents to the motion for removal  pursu-
 ant  to  this  section,  [he shall file a subscribed memorandum with the
 court setting forth (1) a recommendation that] THE COURT, IN DETERMINING
 THE MOTION, SHALL CONSIDER:  (1) WHETHER the interests of justice  would
 best  be served by removal of the action to the family court; and (2) if
 the conviction is of an offense set forth in paragraph (b)  of  subdivi-
 sion  one  of  section  210.43 of this chapter, WHETHER specific factors
 EXIST, one or more of which reasonably [support] SUPPORTS the [recommen-
 dation] MOTION, showing, (i) mitigating circumstances that bear directly
 upon the manner in which the crime was  committed,  or  (ii)  where  the
 defendant  was  not  the sole participant in the crime, that the defend-
 ant's participation was relatively minor although not  so  minor  as  to
 constitute  a defense to prosecution, or (iii) where the juvenile offen-
 der has no previous adjudications of having committed a designated felo-
 ny act, as defined in subdivision eight of section 301.2 of  the  family
 court  act, regardless of the age of the offender at the time of commis-
 sion of the act, that the criminal act was not  part  of  a  pattern  of
 criminal  behavior  and,  in view of the history of the offender, is not
 likely to be repeated.
   3. If the court is of the opinion, based  upon  the  specific  factors
 [set  forth  in  the district attorney's memorandum] SHOWN TO THE COURT,
 that the interests of justice would best be served  by  removal  of  the
 action to the family court, the verdict shall be set aside and a plea of
 guilty  of  a  crime  or  act  for which the defendant is not criminally
 responsible may be entered pursuant to  subdivision  three  or  four  of
 section  220.10 of this chapter. Upon accepting any such plea, the court
 must specify upon the record the [portion or portions  of  the  district
 attorney's  statement] FACTORS the court is relying upon as the basis of
 its opinion and that it believes the interests of justice would best  be
 served  by  removal  of  the  proceeding to the family court.  Such plea
 shall then be deemed to be a juvenile delinquency fact determination and
 the court upon entry thereof must direct that the action be  removed  to
 the  family  court  in  accordance  with the provisions of article seven
 hundred twenty-five of this chapter.

 A. 4876                            59
 
   § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
 as amended by chapter 652 of the laws of 2008, is  amended  to  read  as
 follows:
   2.  Warrant.  (A)  Where  the  probation  officer has requested that a
 probation warrant be issued, the court shall, within  seventy-two  hours
 of  its  receipt  of  the request, issue or deny the warrant or take any
 other lawful action including issuance of a notice to appear pursuant to
 subdivision one of this section. If at any time during the period  of  a
 sentence  of probation or of conditional discharge the court has reason-
 able grounds to believe that the defendant has violated a  condition  of
 the sentence, the court may issue a warrant to a police officer or to an
 appropriate  peace  officer  directing  him or her to take the defendant
 into custody and bring the defendant before the court  without  unneces-
 sary  delay;  provided,  however,  if  the court in which the warrant is
 returnable is a superior court, and such court is not available, and the
 warrant is addressed to a police officer or appropriate probation  offi-
 cer  certified  as  a  peace  officer, such executing officer may UNLESS
 OTHERWISE SPECIFIED UNDER PARAGRAPH  (B)  OF  THIS  SECTION,  bring  the
 defendant to the local correctional facility of the county in which such
 court  sits,  to be detained there until not later than the commencement
 of the next session of such court occurring on the next business day; or
 if the court in which the warrant is  returnable  is  a  local  criminal
 court,  and such court is not available, and the warrant is addressed to
 a police officer or appropriate probation officer certified as  a  peace
 officer, such executing officer must without unnecessary delay bring the
 defendant  before  an  alternate  local  criminal  court, as provided in
 subdivision five of section 120.90 of this chapter. A court which issues
 such a warrant may attach  thereto  a  summary  of  the  basis  for  the
 warrant.  In  any  case  where  a defendant arrested upon the warrant is
 brought before a local criminal court other than the court in which  the
 warrant  is  returnable,  such  local criminal court shall consider such
 summary before issuing a securing order with respect to the defendant.
   (B) IF THE COURT IN WHICH THE WARRANT  IS  RETURNABLE  IS  A  SUPERIOR
 COURT,  AND  SUCH  COURT  AND  ITS  YOUTH PART IS NOT AVAILABLE, AND THE
 WARRANT IS ADDRESSED TO A POLICE OFFICER OR APPROPRIATE PROBATION  OFFI-
 CER  CERTIFIED AS A PEACE OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE A
 DEFENDANT IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS  AN
 OFFENSE  OR A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE
 IMPOSED FOR AN OFFENSE, BRING THE  DEFENDANT  TO  A  JUVENILE  DETENTION
 FACILITY,  TO  BE DETAINED THERE UNTIL BROUGHT WITHOUT UNNECESSARY DELAY
 BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVI-
 SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
 PART.
   §  73.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   (A) A person who has been  taken  into  custody  pursuant  to  section
 410.40 or section 410.50 of this article for violation of a condition of
 a  sentence  of  probation  or  a sentence of conditional discharge must
 forthwith be brought before the court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit him OR HER to the custody of the sheriff or  fix

 A. 4876                            60
 
 bail  or  release  such person on his OR HER own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that  such  person  has  violated  a  condition of the sentence, it must
 direct that he OR SHE be released.
   (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO  CUSTODY  PURSUANT  TO
 SECTION  410.40  OR  SECTION  410.50  OF THIS ARTICLE FOR VIOLATION OF A
 CONDITION OF A SENTENCE  OF  PROBATION  OR  A  SENTENCE  OF  CONDITIONAL
 DISCHARGE  MUST  FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
 SENTENCE.  WHERE A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN
 FILED  AND  THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
 BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
 DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
 IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS  OF  AGE  TO
 THE  CUSTODY  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
 OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
 ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF  THIS
 ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVENILE TO
 BE  DETAINED  FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A
 CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT  THE
 JUVENILE  POSES  A  SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE USE  OF  GRADUATED
 SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED.
   §  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   5.  Revocation;  modification;  continuation. (A) At the conclusion of
 the hearing the court may revoke, continue or  modify  the  sentence  of
 probation   or  conditional  discharge.  Where  the  court  revokes  the
 sentence, it must impose sentence as specified in subdivisions three and
 four of section 60.01 of the penal law. Where  the  court  continues  or
 modifies the sentence, it must vacate the declaration of delinquency and
 direct  that  the  defendant  be  released.  If the alleged violation is
 sustained and the court continues  or  modifies  the  sentence,  it  may
 extend the sentence up to the period of interruption specified in subdi-
 vision  two  of  section  65.15  of the penal law, but any time spent in
 custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
 pursuant  to  section 410.40 OR 410.60 of this article shall be credited
 against the term of the sentence.  Provided further, where  the  alleged
 violation is sustained and the court continues or modifies the sentence,
 the  court  may  also extend the remaining period of probation up to the
 maximum term authorized by section 65.00 of  the  penal  law.  Provided,
 however,  a  defendant shall receive credit for the time during which he
 or she was supervised under the original probation sentence prior to any
 declaration of delinquency and for any time spent in custody pursuant to
 this article for an alleged violation of probation.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING  HEREIN
 SHALL  AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
 TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT  UNLESS
 THE  COURT  DETERMINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT
 THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE  FINDING  ON  THE

 A. 4876                            61
 
 RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
 SUCCESS.
   §  75.  The  criminal procedure law is amended by adding a new section
 410.90-a to read as follows:
 § 410.90-A SUPERIOR COURT; YOUTH PART.
   NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL  PROCEEDINGS
 RELATING  TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE
 SUPERIOR COURT HAVING JURISDICTION AND ANY  INTRASTATE  TRANSFERS  UNDER
 THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
 TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
   §  76.  Section  510.15  of  the criminal procedure law, as amended by
 chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
 as follows:
 § 510.15 Commitment of principal under [sixteen] EIGHTEEN.
   1.  When  a  principal  who is under the age of [sixteen] EIGHTEEN, is
 committed to the custody of the sheriff the court must direct  that  the
 principal  be  taken  to  and  lodged  in a place certified by the state
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
 nile  detention  facility  for  the reception of children.  Where such a
 direction is made the sheriff shall deliver the principal in  accordance
 therewith and such person shall although lodged and cared for in a juve-
 nile  detention  facility  continue to be deemed to be in the custody of
 the sheriff.  No principal under the age [of sixteen] SPECIFIED to  whom
 the  provisions of this section may apply shall be detained in any pris-
 on, jail, lockup, or other place used for adults convicted of a crime or
 under arrest and charged with the commission  of  a  crime  without  the
 approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES  in the case of each principal and the statement of its reasons
 therefor.  The sheriff shall not be liable for any acts done  to  or  by
 such  principal  resulting  from negligence in the detention of and care
 for such principal, when the principal is not in the actual  custody  of
 the sheriff.
   2.  Except  upon  consent of the defendant or for good cause shown, in
 any case in which a new securing order is issued for a principal  previ-
 ously  committed to the custody of the sheriff pursuant to this section,
 such order shall further direct the sheriff  to  deliver  the  principal
 from  a  juvenile detention facility to the person or place specified in
 the order.
   § 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
 as  amended  by  chapter  411 of the laws of 1979, is amended to read as
 follows:
   1. "Youth" means a person charged with a crime alleged  to  have  been
 committed  when  he  was at least sixteen years old and less than [nine-
 teen] TWENTY-ONE years old or a person charged  with  being  a  juvenile
 offender  as  defined  in  subdivision forty-two of section 1.20 of this
 chapter.
   § 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
 as  amended  by  chapter  774 of the laws of 1985, is amended to read as
 follows:
   3. The provisions of subdivisions one and two of this section  requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed,  and  the  arraignment  and  all proceedings in the action to be
 conducted in private shall not apply in connection with a pending charge
 of committing any [felony] SEX offense as defined in the penal law. [The
 provisions of subdivision one requiring the accusatory instrument  filed

 A. 4876                            62

 against a youth to be sealed shall not apply where such youth has previ-
 ously been adjudicated a youthful offender or convicted of a crime.]
   §  79.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.  Upon  conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.  After  receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful
 offender.  Such  determination shall be in accordance with the following
 criteria:
   (a) If in the opinion of the court the interest of  justice  would  be
 served  by  relieving  the  eligible  youth  from the onus of a criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than four years, the court may, in its  discretion,  find  the  eligible
 youth is a youthful offender; [and]
   (b)  Where  the  conviction  is  had in a local criminal court and the
 eligible youth had not prior to commencement of trial or entry of a plea
 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender[.]; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH, UNLESS THE DISTRICT ATTORNEY  UPON  MOTION  WITH  NOT
 LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
 STRATES  TO  THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE
 REQUIRE OTHERWISE.
   § 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
 as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
 follows:
   1.  [A  youthful]  YOUTHFUL offender adjudication is not a judgment of
 conviction for a crime or any other offense, and does not operate  as  a
 disqualification  of  any  person  so  adjudged to hold public office or
 public employment or to receive any license granted by public  authority
 but  shall  be  deemed a conviction only for the purposes of transfer of
 supervision and custody pursuant to section [two  hundred  fifty-nine-m]
 TWO  HUNDRED  FIFTY-NINE-MM of the executive law. A defendant for whom a
 youthful offender  adjudication  was  substituted,  who  was  originally
 charged  with prostitution as defined in section 230.00 of the penal law
 or loitering for the purposes of prostitution as defined in  subdivision
 two of section 240.37 of the penal law provided that the person does not
 stand  charged  with  loitering for the purpose of patronizing a prosti-
 tute, for an offense allegedly committed when he or she was  sixteen  or
 seventeen  years of age, shall be deemed a "sexually exploited child" as
 defined in subdivision one of section four hundred forty-seven-a of  the
 social  services  law and therefore shall not be considered an adult for
 purposes related to the charges in the youthful offender proceeding or a
 proceeding under section 170.80 of this chapter.
   § 80. The criminal procedure law is amended by adding  a  new  article
 722 to read as follows:
                                ARTICLE 722
      PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                        PART AND RELATED PROCEDURES
 SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
         722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
         722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
 § 722.00 PROBATION CASE PLANNING AND SERVICES.

 A. 4876                            63
 
   1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
 MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH  PART  WITHIN  ITS
 JURISDICTION.  THE  COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN
 SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF  ASSESS-
 MENT.  SUCH  JUVENILE  SHALL  HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT
 THROUGHOUT THE ASSESSMENT PROCESS. BASED UPON THE  ASSESSMENT  FINDINGS,
 THE  PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIAL-
 IZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO
 ADDRESS INDIVIDUAL NEEDS.
   2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE
 AND NECESSARY CONSENT  FORMS,  WHERE  APPLICABLE,  TO  ENSURE  THAT  THE
 PROBATION  DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE PROVIDER AND
 RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR  DELIV-
 ERED  INCLUDING,  BUT  NOT  LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
 TEST RESULTS, JUVENILE ATTENDANCE  AND  INFORMATION  REGARDING  JUVENILE
 COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
 ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
 CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
 PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE  SHALL  HAVE  THE  RIGHT  TO
 CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
 THE  JUVENILE'S  SUCCESSFUL  COMPLETION  OF THE CONDITIONS OF HIS OR HER
 CASE PLAN, THE COURT, WITH THE CONSENT  OF  THE  DISTRICT  ATTORNEY  MAY
 DISMISS  THE  INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION
 210.40 OF THIS CHAPTER.
   4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
 YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
 ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
   5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNI-
 CATE  TO  THE  DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
 THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE  PROBATION  DEPARTMENT
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
   6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
 DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
 OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
 THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO  ESTAB-
 LISH,  IN  A  SUPERIOR  COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
 CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART  OF
 THE  SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES
 PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
 INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
 PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
 SECTION 180.75 OF THIS CHAPTER.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
 ING  JUSTICE  OF  THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
 THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE  MAGISTRATES,
 FOR  THE  PURPOSE  OF  ACTING  AS  A  YOUTH  PART  FOR  CERTAIN  INITIAL

 A. 4876                            64
 
 PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO  DESIG-
 NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
 COUNTY  OF  THE  STATE,  THAT  EXERCISE  CRIMINAL  JURISDICTION. A JUDGE
 PRESIDING  AS  SUCH  A  MAGISTRATE SHALL RECEIVE TRAINING IN SPECIALIZED
 AREAS, INCLUDING, BUT  NOT  LIMITED  TO,  JUVENILE  JUSTICE,  ADOLESCENT
 DEVELOPMENT  AND  EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS-
 SION BY ADOLESCENTS.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
   1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
 FERRED TO A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS  CHAPTER,  THE
 PROVISIONS OF THIS ARTICLE SHALL APPLY.
   2.  IF  AN  ACTION  IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO THE
 APPLICABLE PROVISIONS OF THIS CHAPTER, THE YOUTH  PART  SHALL  HEAR  THE
 CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
 ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS
 A  JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH
 PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY  RELIEF  AVAIL-
 ABLE  UNDER  ARTICLE  THREE OF THE FAMILY COURT ACT.  PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION
 210.43 OF THIS CHAPTER SHALL APPLY TO ANY ACTION INVOLVING AN INDICTMENT
 CHARGING  A  JUVENILE OFFENDER WITH ANY OF THE CRIMES ENUMERATED IN SUCH
 PARAGRAPH.
   § 81. The opening paragraph of section 725.05 of the  criminal  proce-
 dure  law,  as  added  by chapter 481 of the laws of 1978, is amended to
 read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   §  82. Section 725.20 of the criminal procedure law, as added by chap-
 ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by  chapter
 411 of the laws of 1979, is amended to read as follows:
 § 725.20 Record of certain actions removed.
   1.    The  provisions of this section shall apply in any case where an
 order of removal to the family court is entered pursuant to a  direction
 authorized  by subdivision four of section 180.75, or section 210.43, or
 subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section
 220.10 of this chapter, or section 330.25 of this chapter.
   2.  When such an action is removed the court that directed the removal
 must cause the following additional records to be filed with  the  clerk
 of  the  county  court  or in the city of New York with the clerk of the
 supreme court of the county wherein the action was pending and with  the
 division of criminal justice services:
   (a) A certified copy of the order of removal;
   (b)  Where  the  direction  is  one  authorized by subdivision four of
 section 180.75 of this chapter, a copy of [the]  ANY  statement  of  the
 district  attorney  made pursuant to paragraph (b) of subdivision six of
 section 180.75 of this chapter;
   (c)  Where the direction is authorized by section 180.75,  a  copy  of
 the  portion of the minutes containing the statement by the court pursu-
 ant to paragraph (a) of subdivision six of such section 180.75;
   (d) Where the direction is one authorized  by  subparagraph  (iii)  of
 paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
 330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
 including the minutes of the memorandum submitted by the district attor-
 ney and the court;

 A. 4876                            65
 
   (e)    Where  the  direction  is  one authorized by subdivision one of
 section 210.43 of this chapter, a copy of that portion  of  the  minutes
 containing [the] ANY statement by the court pursuant to paragraph (a) of
 subdivision five of section 210.43 OF THIS CHAPTER;
   (f)   Where the direction is one authorized by paragraph (b) of subdi-
 vision one of section 210.43 of this chapter, a copy of that portion  of
 the minutes containing [the] ANY statement of the district attorney made
 pursuant  to paragraph (b) of subdivision five of section 210.43 OF THIS
 CHAPTER; and
   (g) In addition to the records specified  in  this  subdivision,  such
 further  statement or submission of additional information pertaining to
 the proceeding in criminal court in  accordance  with  standards  estab-
 lished by the commissioner of the division of criminal justice services,
 subject to the provisions of subdivision three of this section.
   3.  It shall be the duty of said clerk to maintain a separate file for
 copies  of  orders  and  minutes filed pursuant to this section.    Upon
 receipt of such orders and minutes the clerk must promptly  delete  such
 portions  as would identify the defendant, but the clerk shall neverthe-
 less maintain a separate confidential system to  enable  correlation  of
 the  documents  so  filed  with identification of the defendant.   After
 making such deletions the orders and minutes shall be placed within  the
 file  and  must be available for public inspection.  Information permit-
 ting correlation of any such record with the identity of  any  defendant
 shall  not  be  divulged to any person except upon order of a justice of
 the supreme court based upon a finding that the public interest  or  the
 interests  of  justice  warrant  disclosure  in a particular cause for a
 particular case or for a particular purpose or use.
   § 83. Subdivision 1 of section 500-a of the correction law is  amended
 by adding a new paragraph (h) to read as follows:
   (H)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO COUNTY JAIL SHALL
 BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER  THE  AGE  OF  EIGHTEEN.
 PLACEMENT  OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSU-
 ANT TO THIS SUBDIVISION SHALL BE DETERMINED BY THE  OFFICE  OF  CHILDREN
 AND FAMILY SERVICES.
   §  84.  Subdivision  4  of  section  500-b  of  the  correction law is
 REPEALED.
   § 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
 500-b of the correction law is REPEALED.
   §  86.  Subdivision  13  of  section  500-b  of  the correction law is
 REPEALED.
   § 87.  Subparagraph 1 of paragraph d of subdivision 3 of section  3214
 of  the education law, as amended by chapter 425 of the laws of 2002, is
 amended to read as follows:
   (1) Consistent with the  federal  gun-free  schools  act,  any  public
 school  pupil who is determined under this subdivision to have brought a
 firearm to or possessed a firearm at a public school shall be  suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil  participating  in  a program operated by a public school district
 using funds from the elementary and secondary education act of  nineteen
 hundred  sixty-five  who  is  determined  under this subdivision to have
 brought a firearm to or possessed a firearm at a public school or  other
 premises  used  by the school district to provide such programs shall be
 suspended for a period of not less than one calendar year  from  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent

 A. 4876                            66
 
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of [sixteen] EIGHTEEN who  has  been  determined  to  have
 brought  a  weapon or firearm to school in violation of this subdivision
 to a presentment agency for a juvenile delinquency proceeding consistent
 with article three of the family court act except a student [fourteen or
 fifteen years of age] who qualifies for juvenile offender  status  under
 subdivision  forty-two  of section 1.20 of the criminal procedure law. A
 superintendent shall refer any pupil [sixteen] EIGHTEEN years of age  or
 older  or a student [fourteen or fifteen years of age] who qualifies for
 juvenile offender status under subdivision forty-two of section 1.20  of
 the  criminal  procedure  law, who has been determined to have brought a
 weapon or firearm to school in violation  of  this  subdivision  to  the
 appropriate law enforcement officials.
   §  87-a. Paragraph d of subdivision 3 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:
   d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
 hundred ninety-four, any public school pupil  who  is  determined  under
 this  subdivision  to have brought a weapon to school shall be suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil participating in a program operated by a  public  school  district
 using  funds from the elementary and secondary education act of nineteen
 hundred sixty-five who is determined  under  this  subdivision  to  have
 brought a weapon to a public school or other premises used by the school
 district to provide such programs shall be suspended for a period of not
 less  than  one  calendar  year  from participation in such program. The
 procedures of this subdivision shall apply to such  a  suspension  of  a
 nonpublic  school  pupil.  A  superintendent of schools, district super-
 intendent of schools or community superintendent shall have the authori-
 ty to modify this suspension requirement for each student on a  case-by-
 case  basis.  The  determination of a superintendent shall be subject to
 review by the board of education pursuant to paragraph c of this  subdi-
 vision  and  the  commissioner  pursuant to section three hundred ten of
 this chapter. Nothing in this subdivision shall be deemed  to  authorize
 the  suspension of a student with a disability in violation of the indi-
 viduals with disabilities education act or article eighty-nine  of  this
 chapter.  A  superintendent  shall  refer  the  pupil  under  the age of
 [sixteen] EIGHTEEN who has been determined to have brought a  weapon  to
 school  in  violation  of this subdivision to a presentment agency for a
 juvenile delinquency proceeding consistent with  article  three  of  the
 family court act except a student [fourteen or fifteen years of age] who
 qualifies  for  juvenile  offender status under subdivision forty-two of
 section 1.20 of the criminal procedure law. A superintendent shall refer
 any pupil [sixteen] EIGHTEEN years of age or older or a  student  [four-
 teen or fifteen years of age who] qualifies for juvenile offender status
 under  subdivision  forty-two  of section 1.20 of the criminal procedure
 law, who has been determined to have  brought  a  weapon  to  school  in
 violation  of  this subdivision to the appropriate law enforcement offi-
 cials.

 A. 4876                            67
 
   § 88. Paragraph b of subdivision 4 of section 3214  of  the  education
 law,  as  amended by chapter 181 of the laws of 2000, is amended to read
 as follows:
   b.  The  school  authorities  may institute proceedings before a court
 having jurisdiction to determine the liability of a person  in  parental
 relation  to  contribute  towards the maintenance of a school delinquent
 under [sixteen] SEVENTEEN years of age ordered to attend  upon  instruc-
 tion  under  confinement. If the court shall find the person in parental
 relation able to contribute towards the maintenance of such a minor,  it
 may issue an order fixing the amount to be paid weekly.
   §  89.  Subdivisions  3  and 4 of section 246 of the executive law, as
 amended by section 10 of part D of chapter 56 of the laws of  2010,  are
 amended to read as follows:
   3.  Applications  from  counties or the city of New York for state aid
 under this section shall be made by filing with the division of criminal
 justice services, a detailed plan,  including  cost  estimates  covering
 probation  services for the fiscal year or portion thereof for which aid
 is requested. Included in such estimates shall  be  clerical  costs  and
 maintenance and operation costs as well as salaries of probation person-
 nel,  FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information
 as the commissioner of the division of  criminal  justice  services  may
 require. Items for which state aid is requested under this section shall
 be  duly  designated in the estimates submitted. The commissioner of the
 division of criminal justice services, after consultation with the state
 probation commission and the director of the  office  of  probation  and
 correctional  alternatives,  shall  approve  such plan if it conforms to
 standards relating to the administration of probation services as speci-
 fied in the rules adopted by him or her.
   4. A. An approved plan and compliance with standards relating  to  the
 administration  of probation services promulgated by the commissioner of
 the division of criminal justice services shall  be  a  prerequisite  to
 eligibility for state aid.
   The commissioner of the division of criminal justice services may take
 into  consideration  granting additional state aid from an appropriation
 made for state aid for county probation services  for  counties  or  the
 city of New York when a county or the city of New York demonstrates that
 additional  probation  services  were dedicated to intensive supervision
 programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
 defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
 GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
 RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
 ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN  HUNDRED  TWENTY-
 TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such additional
 grants  shall  be made according to rules and regulations promulgated by
 the commissioner of the division  of  criminal  justice  services.  Each
 county and the city of New York shall certify the total amount collected
 pursuant  to  section  two  hundred  fifty-seven-c  of this chapter. The
 commissioner of the division of criminal justice services shall thereup-
 on certify to the comptroller for payment by  the  state  out  of  funds
 appropriated  for  that  purpose,  the amount to which the county or the
 city of New York shall be entitled under this section. THE  COMMISSIONER
 SHALL,  SUBJECT  TO  AN  APPROPRIATION  MADE AVAILABLE FOR SUCH PURPOSE,
 ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR  A  CONTINUUM
 OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR ADJUDICATED
 JUVENILE  DELINQUENTS  PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT

 A. 4876                            68
 
 OR FOR ELIGIBLE YOUTH BEFORE  OR  SENTENCED  UNDER  THE  YOUTH  PART  IN
 ACCORDANCE  WITH ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCE-
 DURE LAW.
   B.  ADDITIONAL  STATE  AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY
 ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
 JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
 AGED SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD  NOT  OTHER-
 WISE  HAVE  BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS
 OF TWO THOUSAND SEVENTEEN THAT INCREASED THE AGE OF  JUVENILE  JURISDIC-
 TION.
   §  89-a. The second undesignated paragraph of subdivision 4 of section
 246 of the executive law, as added by chapter 479 of the laws  of  1970,
 is amended to read as follows:
   The  [director]  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES shall thereupon certify to the comptroller for payment  by  the
 state  out  of  funds appropriated for that purpose, the amount to which
 the county or the city of New York shall be entitled under this section.
 THE COMMISSIONER SHALL GRANT ADDITIONAL STATE AID FROM AN  APPROPRIATION
 DEDICATED   TO  JUVENILE  RISK  INTERVENTION  SERVICES  COORDINATION  BY
 PROBATION DEPARTMENTS WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
 PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT
 OR  ARTICLE  SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. THE
 COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR  SUCH
 PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
 CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN  ACCORDANCE  WITH  ARTICLE  SEVEN  HUNDRED TWENTY-TWO OF THE CRIMINAL
 PROCEDURE LAW.
   § 90. The executive law is amended by adding a new  section  259-p  to
 read as follows:
   §  259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
 ARTICLE, MAY BE DETAINED AS AUTHORIZED BY  THE  INTERSTATE  COMPACT  FOR
 ADULT OFFENDER SUPERVISION.
   2.  A  DEFENDANT  SHALL  BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
 EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
 A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE  DETAINED
 IN A JUVENILE DETENTION FACILITY.
   § 91. Subdivision 16 of section 296 of the executive law, as separate-
 ly  amended by section 3 of part N and section 14 of part AAA of chapter
 56 of the laws of 2009, is amended to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.56

 A. 4876                            69
 
 OR  160.58 of the criminal procedure law, in connection with the licens-
 ing, employment or providing of credit or insurance to such  individual;
 provided,  further, that no person shall be required to divulge informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law,  or  by  a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.  The  provisions
 of  this  subdivision  shall  not  apply  to the licensing activities of
 governmental bodies in relation to the regulation of guns, firearms  and
 other  deadly weapons or in relation to an application for employment as
 a police officer or peace officer as those terms are defined in subdivi-
 sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
 procedure  law; provided further that the provisions of this subdivision
 shall not apply to an application for employment or  membership  in  any
 law enforcement agency with respect to any arrest or criminal accusation
 which  was  followed  by a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.
   § 92. Section 502 of the executive law, as added by chapter 465 of the
 laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
 Q of chapter 58 of the laws of 2011, is amended to read as follows:
   § 502. Definitions. Unless otherwise specified in this article:
   1. "Director" means the [director of the division for  youth]  COMMIS-
 SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   2.  ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   3. "Detention" means the temporary care and maintenance of youth  held
 away  from  their homes pursuant to article three or seven of the family
 court act, or held pending a hearing for alleged violation of the condi-
 tions of release from an office of children and family services facility
 or authorized agency, or held pending a hearing for alleged violation of
 the condition of parole as a juvenile offender, or held  pending  return
 to a jurisdiction other than the one in which the youth is held, or held
 pursuant  to  a  securing  order  of a criminal court if the youth named
 therein as principal is charged as a juvenile offender or held pending a
 hearing on an extension of placement  or  held  pending  transfer  to  a
 facility  upon  commitment  or  placement  by  a  court. Only alleged or
 convicted juvenile offenders who have not  attained  their  [eighteenth]
 TWENTY-FIRST  birthday  shall  be  subject  to  detention in a detention
 facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than [seven] TEN
 years of age and not more than [twenty] TWENTY-THREE years of age.
   5. "Placement" means the transfer of a youth to  the  custody  of  the
 [division] OFFICE pursuant to the family court act.
   6.  "Commitment"  means  the transfer of a youth to the custody of the
 [division] OFFICE pursuant to the penal law.

 A. 4876                            70
 
   7. "Conditional release" means the transfer of a youth  from  facility
 status  to  aftercare  supervision  under  the  continued custody of the
 [division] OFFICE.
   8. "Discharge" means the termination of [division] OFFICE custody of a
 youth.
   9.  "Aftercare"  means  supervision  of a youth on conditional release
 status under the continued custody of the division.
   § 93. Subdivision 7 of section 503 of the executive law, as amended by
 section 2 of subpart B of part Q of chapter 58 of the laws of  2011,  is
 amended to read as follows:
   7. The person in charge of each detention facility shall keep a record
 of all time spent in such facility for each youth in care. The detention
 facility  shall  deliver  a  certified  transcript of such record to the
 office, social services district, or 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  office,
 district or other agency, as is appropriate.
   §  94.   Section 507-a of the executive law, as amended by chapter 465
 of the laws of 1992, paragraph (a) of subdivision 1 as amended by  chap-
 ter 309 of the laws of 1996, is amended to read as follows:
   § 507-a. Placement  and commitment; procedures. 1. Youth may be placed
 in or committed to the custody of the [division] OFFICE OF CHILDREN  AND
 FAMILY SERVICES:
   (a)  for  placement,  as  a juvenile delinquent 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] TEN, but who have not reached the age of
 twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
 sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
 PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO  YOUTH  WHO  HAS
 REACHED  THE  AGE  OF  TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER  MAY  REMAIN  IN
 THE  CUSTODY  OF  THE  OFFICE  DURING  THE PERIOD OF HIS OR HER SENTENCE
 BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF  THIS  ARTICLE  BUT  IN  NO
 EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
 HER  TWENTY-THIRD  BIRTHDAY;  AND (II) A YOUTH FOUND TO HAVE COMMITTED A
 DESIGNATED CLASS A FELONY ACT  WHO  IS  RESTRICTIVELY  PLACED  WITH  THE
 OFFICE  UNDER  SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
 FOR COMMITTING AN ACT ON OR AFTER THE  YOUTH'S  SIXTEENTH  BIRTHDAY  MAY
 REMAIN  IN  THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
 TO THE AGE OF TWENTY-THREE IN  ACCORDANCE  WITH  HIS  OR  HER  PLACEMENT
 ORDER.
   (A-2)  Whenever  it shall appear to the satisfaction of the [division]
 OFFICE OF CHILDREN AND FAMILY SERVICES that any 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] OFFICE, the [division] OFFICE shall cause the
 return of such youth to the county from which placement was made.
   (b) The [division] OFFICE shall deliver such youth to the  custody  of
 the  placing  court,  along  with the records provided to the [division]
 OFFICE pursuant to section five hundred seven-b of this  article,  there

 A. 4876                            71

 to be dealt with by the court in all respects as though no placement had
 been made.
   (c) The cost and expense of the care and return of such youth incurred
 by  the [division] OFFICE shall be reimbursed to the state by the social
 services district from  which  such  youth  was  placed  in  the  manner
 provided by section five hundred twenty-nine of this article.
   3.  The  [division]  OFFICE  may  photograph any youth in its custody.
 Such photograph may be used only for the purpose  of  assisting  in  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]
 OFFICE custody.
   4. (a) A youth placed with or committed to the [division] OFFICE  may,
 immediately  following placement or commitment, be remanded to an appro-
 priate detention facility.
   (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
 division] UNDER ITS CARE to a facility of the [division]  OFFICE  within
 fifteen  days  of the date of the order of placement with the [division]
 OFFICE and shall admit a juvenile offender committed to  the  [division]
 OFFICE  to  a  facility  of the [division] OFFICE within ten days of the
 date of the order of commitment to  the  [division]  OFFICE,  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] COMMISSIONER OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES,  YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who
 attain the age of eighteen while in [division] custody OF THE OFFICE AND
 WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH  THE  OFFICE  AS  A
 RESULT  OF  A  DISPOSITIONAL  ORDER  OF THE FAMILY COURT may reside in a
 non-secure facility until the age  of  twenty-one,  provided  that  such
 youth attend a full-time vocational or educational program and are like-
 ly to benefit from such program.
   § 95. Section 508 of the executive law, as added by chapter 481 of the
 laws  of  1978  and  as  renumbered  by chapter 465 of the laws of 1992,
 subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
 2 as amended by chapter 572 of the laws of 1985, subdivisions  4,  5,  6
 and  7  as amended by section 97 of subpart B of part C of chapter 62 of
 the laws of 2011, subdivision 8 as added by chapter 560 of the  laws  of
 1984  and subdivision 9 as amended by chapter 37 of the laws of 2016, is
 amended to read as follows:
   § 508. Juvenile offender facilities. 1. The  office  of  children  and
 family  services  shall  maintain  [secure]  facilities for the care and
 confinement of  juvenile  offenders  committed  [for  an  indeterminate,
 determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
 ing provisions of the penal law. Such facilities shall provide appropri-
 ate services to juvenile offenders including but not limited to residen-
 tial  care,  educational  and  vocational  training, physical and mental
 health services, and employment counseling.
   1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES TO SERVE THE ADDITIONAL YOUTH  PLACED  WITH  THE  OFFICE  AS  A
 RESULT  OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT
 PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED  NEAR
 THE  YOUTHS'  HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
 MING, SERVICES AND TREATMENT IN SMALL, CLOSELY  SUPERVISED  GROUPS  THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.

 A. 4876                            72
 
   2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
 PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities  [until
 the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
 be  released, discharged or permitted home visits except pursuant to the
 provisions of this section.
   [(a) The director of the division for youth may authorize the transfer
 of  a  juvenile  offender  in  his  custody,  who  has been convicted of
 burglary or robbery, to a school  or  center  established  and  operated
 pursuant  to  title three of this article at any time after the juvenile
 offender has been confined in a division for youth secure  facility  for
 one year or one-half of his minimum sentence, whichever is greater.
   (b)  The director of the division for youth may authorize the transfer
 of a juvenile offender  in  his  custody,  who  has  been  convicted  of
 burglary  or robbery, and who is within ninety days of release as estab-
 lished by the board of parole, to any facility established and  operated
 pursuant to this article.
   (c)  A  juvenile offender may be transferred as provided in paragraphs
 (a) and (b) herein, only after the director determines that there is  no
 danger  to public safety and that the offender shall substantially bene-
 fit from the programs and services  of  another  division  facility.  In
 determining  whether  there  is  a  danger to public safety the director
 shall consider: (i) the nature and circumstances of the offense  includ-
 ing  whether  any physical injury involved was inflicted by the offender
 or another participant; (ii) the record and background of the  offender;
 and (iii) the adjustment of the offender at division facilities.
   (d)  For  a  period  of  six months after a juvenile offender has been
 transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
 der may have only accompanied home visits. After completing  six  months
 of  confinement  following  transfer  from a secure facility, a juvenile
 offender may not have an unaccompanied home visit unless two accompanied
 home visits have already occurred. An  "accompanied  home  visit"  shall
 mean  a  home visit during which the juvenile offender shall be accompa-
 nied at all times while outside the facility by appropriate personnel of
 the division for youth designated pursuant to regulations of the  direc-
 tor of the division.
   (e)  The director of the division for youth shall promulgate rules and
 regulations including uniform standards  and  procedures  governing  the
 transfer  of  juvenile offenders from secure facilities to other facili-
 ties and the return of such offenders to secure  facilities.  The  rules
 and  regulations  shall provide a procedure for the referral of proposed
 transfer cases by the secure facility  director,  and  shall  require  a
 determination  by  the  facility  director  that  transfer of a juvenile
 offender to another facility is in the best interests  of  the  division
 for  youth  and  the  juvenile  offender  and that there is no danger to
 public safety.
   The rules and regulations shall further provide for the  establishment
 of a division central office transfer committee to review transfer cases
 referred by the secure facility directors. The committee shall recommend
 approval of a transfer request to the director of the division only upon
 a  clear showing by the secure facility director that the transfer is in
 the best interests of the division for youth and the  juvenile  offender
 and  that there is no danger to public safety. In the case of the denial
 of the transfer request by the transfer committee, the juvenile offender
 shall remain at a secure facility.  Notwithstanding  the  recommendation
 for  approval of transfer by the transfer committee, the director of the
 division may deny the request for transfer  if  there  is  a  danger  to

 A. 4876                            73

 public  safety  or  if  the transfer is not in the best interests of the
 division for youth or the juvenile offender.
   The  rules  and  regulations shall further provide a procedure for the
 immediate return to a secure facility, without a hearing, of a  juvenile
 offender  transferred  to  another facility upon a determination by that
 facility director that there is a danger to public safety.]
   3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  report
 in  writing to the sentencing court and district attorney, not less than
 once every six months during the period of confinement, on  the  status,
 adjustment, programs and progress of the offender.
   4.  [The  office  of  children  and  family  services may apply to the
 sentencing court for permission  to  transfer  a  youth  not  less  than
 sixteen  nor  more  than  eighteen  years  of  age  to the department of
 corrections and community supervision. Such application  shall  be  made
 upon  notice  to  the  youth, who shall be entitled to be heard upon the
 application and to be represented by counsel. The court shall grant  the
 application  if  it is satisfied that there is no substantial likelihood
 that the youth will benefit from the  programs  offered  by  the  office
 facilities.
   5.]  The office of children and family services may transfer an offen-
 der not less than eighteen [nor more than twenty-one] years  of  age  to
 the  department  of corrections and community supervision if the commis-
 sioner of the office certifies to the commissioner  of  corrections  and
 community  supervision  that there is no substantial likelihood that the
 youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred  AT  AGE  TWENTY-THREE  to  the custody of the department of
 corrections and community supervision for confinement  pursuant  to  the
 correction law.
   [7.]  (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
 ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT  ON  THEIR
 SENTENCES  OF  IMPRISONMENT  SHALL  BE TRANSFERRED TO THE CUSTODY OF THE
 DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR  CONFINEMENT
 PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
 OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
 FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
 THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
 THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
 TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
 SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
 CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
 AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
 LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH THE OFFICE AND THROUGH THE DEPARTMENT. NOTHING IN THIS PARAGRAPH
 SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
 HER TWENTY-THIRD BIRTHDAY.
   (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
 OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
 TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION AND WHO ARE ABLE TO COMPLETE THE  FULL-TERM  OF  THEIR  COMMUNITY
 SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
 REMAIN WITH THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR  COMMUNITY
 SUPERVISION.

 A. 4876                            74
 
   (D)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
 FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
 OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
 FULL-TERM OF THEIR COMMUNITY SUPERVISION BEFORE THEY  TURN  TWENTY-THREE
 YEARS  OF  AGE  SHALL  BE  UNDER  THE  SUPERVISION  OF THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION  OF  THE  MAXIMUM
 TERM.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except  that his OR HER parole, temporary release and discharge shall be
 governed by the laws applicable to inmates of state correctional facili-
 ties and his OR HER transfer to state hospitals in the office of  mental
 health  shall  be governed by section five hundred nine of this chapter.
 The commissioner of the office of children and  family  services  shall,
 however,  establish  and operate temporary release programs at office of
 children and family services facilities for eligible juvenile  offenders
 and  [contract  with  the department of corrections and community super-
 vision for the provision of parole] PROVIDE supervision  [services]  for
 temporary releasees.  The rules and regulations for these programs shall
 not  be  inconsistent  with the laws for temporary release applicable to
 inmates of state correctional facilities. For the purposes of  temporary
 release  programs  for  juvenile  offenders  only,  when  referred to or
 defined in article twenty-six of the correction law, "institution" shall
 mean any facility designated by the commissioner of the office of  chil-
 dren and family services, "department" shall mean the office of children
 and family services, "inmate" shall mean a juvenile offender residing in
 an  office  of children and family services facility, and "commissioner"
 shall mean the [director] COMMISSIONER of the  office  of  children  and
 family  services.  Time  spent in office of children and family services
 facilities and  in  juvenile  detention  facilities  shall  be  credited
 towards  the  sentence imposed in the same manner and to the same extent
 applicable to inmates of state correctional facilities.
   [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
 pursuant to a commitment to the [director of  the  division  for  youth]
 OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
 person shall deliver to such facility director a certified copy  of  the
 sentence  received  by such officer from the clerk of the court by which
 such person shall have been sentenced, a  copy  of  the  report  of  the
 probation  officer's  investigation  and  report, any other pre-sentence
 memoranda filed with the court,  a  copy  of  the  person's  fingerprint
 records,  a  detailed  summary of available medical records, psychiatric
 records and  reports  relating  to  assaults,  or  other  violent  acts,
 attempts  at  suicide  or escape by the person while in the custody of a
 local detention facility.
   [9] 8.  Notwithstanding any provision of law, including  section  five
 hundred  one-c  of  this  article,  the  office  of  children and family
 services shall make records pertaining to a person convicted  of  a  sex
 offense  as  defined  in  subdivision (p) of section 10.03 of the mental
 hygiene law available upon request to the commissioner of mental  health
 or  the  commissioner of THE OFFICE FOR PERSONS WITH developmental disa-
 bilities, as appropriate; a case review panel; and the attorney general;
 in accordance with the provisions of article ten of the  mental  hygiene
 law.

 A. 4876                            75
 
   §  96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
 law, subdivisions 1, 4 and 5 as added by chapter  906  of  the  laws  of
 1973,  paragraph  (c)  of  subdivision 1 as amended and paragraph (d) of
 subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
 as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
 sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
 as  added  by  chapter  258  of the laws of 1974, are amended to read as
 follows:
   1. Definitions. As used in this section:
   (a) "authorized agency", "certified boarding home", "local charge" and
 "state charge" shall have the meaning ascribed  to  such  terms  by  the
 social services law;
   (b)  "aftercare  supervision"  shall  mean  supervision of released or
 discharged youth, not in foster care; and,
   (c) "foster care" shall mean residential care, maintenance and  super-
 vision  provided  TO released or discharged youth, or youth otherwise in
 the custody of the [division for youth, in a division foster family home
 certified by the division.
   (d) "division foster family home" means a service program provided  in
 a home setting available to youth under the jurisdiction of the division
 for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   2.  [Expenditures]  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF THIS
 SECTION, EXPENDITURES made by the [division for youth] OFFICE  OF  CHIL-
 DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
 youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
 persons in need of supervision, placed or referred, pursuant  to  titles
 two  or three of this article, and juvenile offenders committed pursuant
 to section 70.05 of the penal law, in the [division's] OFFICE'S programs
 and facilities, shall be subject to reimbursement to the  state  by  the
 social  services  district  from  which  the  youth was placed or by the
 social services district in which the juvenile offender resided  at  the
 time  of commitment, in accordance with this section and the regulations
 of the [division,] OFFICE  as  follows:  fifty  percent  of  the  amount
 expended  for care, maintenance and supervision of local charges includ-
 ing juvenile offenders.
   [4. Expenditures made by the division for  youth]  3.  THE  COSTS  for
 foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
 QUENTS  PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
 shall be [subject to reimbursement to the state by]  THE  RESPONSIBILITY
 OF  the  social  services  district from which the youth was placed, AND
 SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
 regulations of the division, as follows: fifty  percent  of  the  amount
 expended for care, maintenance and supervision of local charges] SECTION
 ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   [5]  4.  (a)  [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF
 THIS SECTION, EXPENDITURES made by the [division for  youth]  OFFICE  OF
 CHILDREN  AND FAMILY SERVICES for aftercare supervision shall be subject
 to reimbursement to the state by the social services district from which
 the youth was placed, in accordance with regulations of  the  [division]
 OFFICE,  as  follows: fifty percent of the amount expended for aftercare
 supervision of local charges.
   (b) Expenditures made  by  social  services  districts  for  aftercare
 supervision  of  adjudicated juvenile delinquents and persons in need of
 supervision [provided  (prior  to  the  expiration  of  the  initial  or
 extended  period  of  placement or commitment) by the aftercare staff of
 the facility from which the youth has been released or discharged, other

 A. 4876                            76

 than those under the jurisdiction of the division for  youth,  in  which
 said youth was placed or committed, pursuant to directions of the family
 court,]  shall  be subject to reimbursement by the state[, upon approval
 by the division and in accordance with its regulations, as follows:
   (1) the full amount expended by the district for aftercare supervision
 of state charges;
   (2) fifty percent of the amount expended by the district for aftercare
 supervision  of  local  charges]  IN ACCORDANCE WITH SECTION ONE HUNDRED
 FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   (c) Expenditures made by the [division for youth] OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  for  contracted  programs and contracted services
 pursuant to subdivision seven of section five hundred one of this  arti-
 cle,  except  with  respect  to  urban  homes  and group homes, shall be
 subject to reimbursement to the state by the  social  services  district
 from which the youth was placed, in accordance with this section and the
 regulations  of  the  [division] OFFICE as follows: fifty percent of the
 amount expended for the operation and maintenance of such  programs  and
 services.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
 REIMBURSEMENT SHALL BE REQUIRED FROM  A  SOCIAL  SERVICES  DISTRICT  FOR
 EXPENDITURES  MADE  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR
 AFTER DECEMBER FIRST, TWO THOUSAND SEVENTEEN FOR THE CARE,  MAINTENANCE,
 SUPERVISION  OR  AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS OF AGE
 OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT  THE  PROVISIONS
 OF  A  CHAPTER  OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT INCREASED THE
 AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT  AUTHOR-
 IZED  THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES
 OF CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH
 BIRTHDAYS.
   5-a. The social services district responsible for reimbursement to the
 state shall remain the same if during a period of placement or extension
 thereof, a child commits a criminal act while in [a division] AN  OFFICE
 OF  CHILDREN  AND FAMILY SERVICES facility, during an authorized absence
 therefrom or after absconding therefrom and is returned  to  the  [divi-
 sion] OFFICE following adjudication or conviction for the act by a court
 with jurisdiction outside the boundaries of the social services district
 which was responsible for reimbursement to the state prior to such adju-
 dication or conviction.
   §  97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
 vision 3 of section 529-b of the executive law, as added by section 3 of
 subpart B of part Q of chapter 58 of the laws of 2011,  are  amended  to
 read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to  be,  or  adjudicated  as  juvenile  delinquents  or
 persons  alleged  or  adjudicated to be in need of supervision, or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in
 detention or in residential care shall be subject to state reimbursement
 under  the  supervision and treatment services for juveniles program for
 up to sixty-two percent of the municipality's expenditures,  subject  to
 available  appropriations and exclusive of any federal funds made avail-
 able for such purposes, not to exceed  the  municipality's  distribution
 under the supervision and treatment services for juveniles program.
   (b)  The  state  funds  appropriated for the supervision and treatment
 services for juveniles program shall be distributed to eligible  munici-
 palities  by  the office of children and family services based on a plan

 A. 4876                            77
 
 developed by  the  office  which  may  consider  historical  information
 regarding  the  number  of youth seen at probation intake for an alleged
 act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 RECEIVING  DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
 THE FAMILY COURT ACT, the number of youth  remanded  to  detention,  the
 number  of  juvenile  delinquents  placed with the office, the number of
 juvenile delinquents and persons in need of supervision placed in  resi-
 dential  care with the municipality, the municipality's reduction in the
 use of detention and residential placements, and other factors as deter-
 mined by the office. Such plan developed by the office shall be  subject
 to the approval of the director of the budget. The office is authorized,
 in  its  discretion,  to make advance distributions to a municipality in
 anticipation of state reimbursement.
   (iii) a description of how the  services  and  programs  proposed  for
 funding  will  reduce  the number of youth from the municipality who are
 detained and residentially OR OTHERWISE placed; how  such  services  and
 programs  are family-focused; and whether such services and programs are
 capable of being replicated across multiple sites;
   § 98. Subdivisions 2, 4, 5, 6 and 7 of section 530  of  the  executive
 law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
 of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
 2  as  amended by section 1 of part M of chapter 57 of the laws of 2012,
 subdivision 5 as amended by chapter 920 of the laws  of  1982,  subpara-
 graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
 amended by section 5 of subpart B of part Q of chapter 58 of the laws of
 2011,  subdivision  6 as amended by chapter 880 of the laws of 1976, and
 subdivision 7 as amended by section 6 of subpart B of part Q of  chapter
 58  of the laws of 2011, are amended and a new subdivision 8 is added to
 read as follows:
   2. [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF  THIS
 SECTION,  EXPENDITURES made by municipalities in providing care, mainte-
 nance and supervision to youth in detention facilities designated pursu-
 ant to sections seven hundred twenty and 305.2 of the family  court  act
 and  certified by [the division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES, shall be subject to reimbursement by the state, as follows:
   (a) Notwithstanding any provision of law  to  the  contrary,  eligible
 expenditures  by a municipality during a particular program year for the
 care, maintenance and supervision in foster care programs  certified  by
 the office of children and family services, certified or approved family
 boarding  homes,  and  non-secure  detention facilities certified by the
 office for those youth alleged to be persons in need of  supervision  or
 adjudicated  persons  in  need of supervision held pending transfer to a
 facility upon placement; and in secure and non-secure detention  facili-
 ties  certified  by  the  office in accordance with section five hundred
 three of this article for those youth  alleged  to  be  juvenile  delin-
 quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
 facility upon placement, and juvenile delinquents held at the request of
 the office of children and family services pending extension  of  place-
 ment  hearings or release revocation hearings or while awaiting disposi-
 tion of such hearings; and youth alleged to be or convicted as  juvenile
 offenders  AND,  YOUTH  ALLEGED  TO BE PERSONS IN NEED OF SUPERVISION OR
 ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PENDING  TRANSFER  TO  A
 FACILITY  UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, CERTIFIED OR APPROVED  FAMILY  BOARDING
 HOMES,  shall  be subject to state reimbursement for up to fifty percent
 of the municipality's expenditures, exclusive of any federal funds  made

 A. 4876                            78
 
 available  for  such purposes, not to exceed the municipality's distrib-
 ution from funds that have been appropriated specifically  therefor  for
 that  program  year. Municipalities shall implement the use of detention
 risk  assessment  instruments in a manner prescribed by the office so as
 to inform detention decisions.  Notwithstanding any other  provision  of
 state  law to the contrary, data necessary for completion of a detention
 risk  assessment  instrument  may  be  shared  among  law   enforcement,
 probation,  courts,  detention  administrators, detention providers, and
 the attorney for the child upon retention or appointment; solely for the
 purpose of accurate completion of such risk assessment instrument, and a
 copy of the completed detention risk assessment instrument shall be made
 available to the applicable detention provider,  the  attorney  for  the
 child and the court.
   (b) The state funds appropriated for juvenile detention services shall
 be  distributed to eligible municipalities by the office of children and
 family services based on a  plan  developed  by  the  office  which  may
 consider  historical  information regarding the number of youth remanded
 to detention, the municipality's reduction in the use of detention,  the
 municipality's  youth population, and other factors as determined by the
 office. Such plan developed by  the  office  shall  be  subject  to  the
 approval of the director of the budget. The office is authorized, in its
 discretion,  to  make  advance distributions to a municipality in antic-
 ipation of state reimbursement.
   (c) A municipality may also use the funds distributed to it for  juve-
 nile detention services under this section for a particular program year
 for  sixty-two  percent  of  a  municipality's eligible expenditures for
 supervision and treatment services for juveniles programs approved under
 section five hundred twenty-nine-b of this title for services that  were
 not  reimbursed  from  a  municipality's distribution under such program
 provided to at-risk, alleged  or  adjudicated  juvenile  delinquents  or
 persons  alleged or adjudicated to be in need of supervision, or alleged
 to be or convicted as juvenile offenders in community-based non-residen-
 tial settings. Any claims submitted by a municipality for  reimbursement
 for  detention  services or supervision and treatment services for juve-
 niles provided during a particular program year for  which  the  munici-
 pality  does  not  receive  state  reimbursement from the municipality's
 distribution of detention services funds for that program year  may  not
 be  claimed  against  the municipality's distribution of funds available
 under this section for the next applicable program year. The office  may
 require  that  such  claims be submitted to the office electronically at
 such times and in the manner and format required by the office.
   [(d)(i)] 2-A. (A) Notwithstanding any provision of law  or  regulation
 to  the contrary, any information or data necessary for the development,
 validation or revalidation of the detention risk  assessment  instrument
 shall  be  shared  among  local  probation  departments,  the  office of
 probation and correctional alternatives and,  where  authorized  by  the
 division  of  criminal  justice services, the entity under contract with
 the division to provide information technology services related to youth
 assessment and screening, the office of children  and  family  services,
 and  any  entity  under  contract with the office of children and family
 services to provide services relating to the development, validation  or
 revalidation  of  the  detention  risk  assessment  instrument. Any such
 information and data shall not be commingled with any  criminal  history
 database.  Any  information  and  data  used and shared pursuant to this
 section shall only be used and shared for the purposes of  this  section
 and  in  accordance  with this section. Such information shall be shared

 A. 4876                            79
 
 and received in a manner  that  protects  the  confidentiality  of  such
 information.  The  sharing,  use,  disclosure  and  redisclosure of such
 information to any person, office,  or  other  entity  not  specifically
 authorized  to  receive  it pursuant to this section or any other law is
 prohibited.
   [(ii)] (B) The office of children and family  services  shall  consult
 with  individuals with professional research experience and expertise in
 criminal justice; social work; juvenile justice; and  applied  mathemat-
 ics, psychometrics and/or statistics to assist the office in determining
 the  method  it  will  use  to:  develop,  validate  and revalidate such
 detention risk assessment instrument; and analyze the  effectiveness  of
 the  use  of  such detention risk assessment instrument in accomplishing
 its intended goals; and analyze, to the  greatest  extent  possible  any
 disparate impact on detention outcomes for juveniles based on race, sex,
 national   origin,   economic  status  and  any  other  constitutionally
 protected class, regarding the use of such instrument. The office  shall
 consult  with  such  individuals  regarding whether it is appropriate to
 attempt to analyze whether there is any such disparate impact  based  on
 sexual  orientation  and, if so, the best methods to conduct such analy-
 sis. The office shall take into consideration any recommendations  given
 by  such  individuals  involving improvements that could be made to such
 instrument and process.
   [(iii)]  (C)  Data  collected  for  the  purposes  of  completing  the
 detention risk assessment instrument from any source other than an offi-
 cially  documented  record  shall  be  confirmed as soon as practicable.
 Should any data originally utilized in completing  the  risk  assessment
 instrument  be  found to conflict with the officially documented record,
 the risk assessment instrument shall be completed  with  the  officially
 documented  data  and  any  corresponding revision to the risk categori-
 zation shall be made.  The  office  shall  periodically  revalidate  any
 approved risk assessment instrument. The office shall conspicuously post
 any  approved  detention  risk  assessment instrument on its website and
 shall confer with appropriate stakeholders, including  but  not  limited
 to,  attorneys  for  children,  presentment agencies, probation, and the
 family court, prior to revising any validated  risk  assessment  instru-
 ment.  Any  such  revised risk assessment instrument shall be subject to
 periodic empirical validation.
   4. (a) The municipality must notify the office of children and  family
 services  of  state  aid received under other state aid formulas by each
 detention facility for which the municipality is  seeking  reimbursement
 pursuant  to  this section, including but not limited to, aid for educa-
 tion, probation and mental health services.
   (b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:   (I)  In
 computing  reimbursement  to  the municipality pursuant to this section,
 the office shall insure that the aggregate of state aid under all  state
 aid formulas shall not exceed fifty percent of the cost of care, mainte-
 nance   and   supervision  provided  to  detainees  eligible  for  state
 reimbursement under subdivision two of this section, exclusive of feder-
 al aid for such purposes not to exceed the amount of the  municipality's
 distribution under the juvenile detention services program.
   [(c)]  (II)  Reimbursement  for administrative related expenditures as
 defined by the office of children and family services,  for  secure  and
 nonsecure  detention  services shall not exceed seventeen percent of the
 total approved expenditures for facilities of twenty-five beds  or  more
 and  shall  not exceed twenty-one percent of the total approved expendi-
 tures for facilities with less than twenty-five beds.

 A. 4876                            80
 
   5. (a) Except as provided in paragraph (b) of this subdivision,  care,
 maintenance  and  supervision for the purpose of this section shall mean
 and include only:
   (1)  temporary  care,  maintenance and supervision provided TO alleged
 juvenile delinquents and persons in need  of  supervision  in  detention
 facilities certified pursuant to sections seven hundred twenty and 305.2
 of  the  family court act by the office of children and family services,
 pending adjudication of alleged delinquency or alleged  need  of  super-
 vision by the family court, or pending transfer to institutions to which
 committed  or placed by such court or while awaiting disposition by such
 court after adjudication or held pursuant to a securing order of a crim-
 inal court if the person named therein as principal is  under  [sixteen]
 EIGHTEEN YEARS OF AGE; or[,]
   (1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED
 JUVENILE  DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN-
 CY BY THE FAMILY COURT, OR PENDING TRANSFER  TO  INSTITUTIONS  TO  WHICH
 COMMITTED  OR PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH
 COURT AFTER ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIM-
 INAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE;
 OR
   (2) temporary care,  maintenance  and  supervision  provided  juvenile
 delinquents  in  approved  detention  facilities  at  the request of the
 office of children and family services pending release revocation  hear-
 ings or while awaiting disposition after such hearings; or
   (3)  temporary care, maintenance and supervision in approved detention
 facilities for youth held pursuant to the family court act or the inter-
 state compact on juveniles, pending return to their place  of  residence
 or domicile[.]; OR
   (4)   temporary  care,  maintenance  and  supervision  provided  youth
 detained in foster care  facilities  or  certified  or  approved  family
 boarding homes pursuant to article seven of the family court act.
   (b)  Payments made for reserved accommodations, whether or not in full
 time use, approved AND CERTIFIED by the office of  children  and  family
 services  [and  certified  pursuant to sections seven hundred twenty and
 305.2 of the family court act], in order to assure that adequate  accom-
 modations  will be available for the immediate reception and proper care
 therein of youth for which detention costs are reimbursable pursuant  to
 paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
 for care, maintenance and  supervision  under  the  provisions  of  this
 section,  provided  the  office  shall have given its prior approval for
 reserving such accommodations.
   6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
 subject to the approval of the director of the budget and  certification
 to  the  chairmen  of  the  senate  finance  and assembly ways and means
 committees, necessary to carry out the provisions of this section.
   7. The agency administering detention for each county and the city  of
 New  York shall submit to the office of children and family services, at
 such times and in such form and manner and containing  such  information
 as  required  by  the  office of children and family services, an annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly court act who are  detained  during  each  calendar  year  including,
 commencing  January  first,  two thousand twelve, the risk level of each
 detained youth as assessed by a  detention  risk  assessment  instrument
 approved  by the office of children and family services.  The office may

 A. 4876                            81
 
 require that such data on detention use be submitted to the office elec-
 tronically. Such report shall include, but not be limited to, the reason
 for the court's determination in accordance with section 320.5 or  seven
 hundred  thirty-nine  of  the family court act, IF APPLICABLE, to detain
 the youth; the offense or offenses with which the youth is charged;  and
 all  other  reasons  why  the  youth  remains detained. The office shall
 submit a compilation of all the separate reports to the governor and the
 legislature.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,  STATE
 REIMBURSEMENT  SHALL  BE  MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF A
 MUNICIPALITY'S ELIGIBLE  EXPENDITURES  FOR  THE  CARE,  MAINTENANCE  AND
 SUPERVISION  OF  YOUTH  SIXTEEN  YEARS OF AGE OR OLDER IN NON-SECURE AND
 SECURE DETENTION FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
 OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO  THOUSAND
 SEVENTEEN  THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN
 YEARS OF AGE.
   § 99. Section 109-c of the  vehicle  and  traffic  law,  as  added  by
 section  1  of  part  E of chapter 60 of the laws of 2005, is amended to
 read as follows:
   § 109-c.  Conviction.   1. Any conviction as  defined  in  subdivision
 thirteen of section 1.20 of the criminal procedure law; provided, howev-
 er, where a conviction or administrative finding in this state or anoth-
 er  state  results in a mandatory sanction against a commercial driver's
 license, as set forth in sections five hundred ten, five hundred  ten-a,
 eleven  hundred  ninety-two and eleven hundred ninety-four of this chap-
 ter, conviction shall also mean an unvacated adjudication of guilt, or a
 determination that a person has violated or failed to  comply  with  the
 law  in a court of original jurisdiction or by an authorized administra-
 tive tribunal, an unvacated forfeiture of bail or  collateral  deposited
 to  secure  the  person's  appearance in court, a plea of guilty or nolo
 contendere accepted by the court, the payment of a fine or  court  cost,
 or  violation  of  a  condition  of  release without bail, regardless of
 whether or not the penalty is rebated, suspended, or probated.
   2. A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION  FOR
 THE  PURPOSES  OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE OF SECTION
 FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION  ELEVEN
 HUNDRED  NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-
 THREE; ELEVEN HUNDRED NINETY-SIX; ELEVEN  HUNDRED  NINETY-EIGHT;  ELEVEN
 HUNDRED  NINETY-EIGHT-A;  ELEVEN  HUNDRED  NINETY-NINE; EIGHTEEN HUNDRED
 EIGHT; EIGHTEEN HUNDRED NINE;  EIGHTEEN  HUNDRED  NINE-C;  AND  EIGHTEEN
 HUNDRED  NINE-E  OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION SIX OF
 SECTION SIXTY-FIVE-B OF THE ALCOHOLIC  BEVERAGE  CONTROL  LAW  ONLY  AND
 SOLELY  FOR  THE PURPOSES OF ALLOWING THE FAMILY COURT TO IMPOSE LICENSE
 AND REGISTRATION SANCTIONS, IGNITION  INTERLOCK  DEVICES,  ANY  DRUG  OR
 ALCOHOL  REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER RESPONSI-
 BILITY ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A  STAY
 ORDER  ON  APPEAL.  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED AS
 LIMITING OR PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN  HUNDRED  NINE-
 TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
   § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
 amended  by  chapter  132  of  the  laws  of 1986, is amended to read as
 follows:
   1. Who may suspend or revoke. Any magistrate, justice or judge,  in  a
 city,  in a town, or in a village, any supreme court justice, any county
 judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-

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 intendent of state police and the commissioner of motor vehicles or  any
 person  deputized  by  him,  shall  have  power to revoke or suspend the
 license to drive a motor vehicle or motorcycle of any person, or in  the
 case of an owner, the registration, as provided herein.
   §  100-a.  Severability.  If any clause, sentence, paragraph, subdivi-
 sion, section or part contained  in  any  part  of  this  act  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, subdivision, section  or  part  contained  in  any  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  101.  This  act  shall  take effect immediately; provided, however,
 that:
   1. sections one through twenty-four, twenty-six  through  fifty-eight,
 fifty-nine,  sixty-one  through sixty-three-l, sixty-three-m, sixty-six,
 sixty-eight through seventy-six, eighty  through  eighty-seven,  eighty-
 eight,  eighty-nine  and  ninety through one hundred-a of this act shall
 take effect on January 1, 2019;
   2.  sections sixty-seven, seventy-seven, seventy-eight,  and  seventy-
 nine  of  this  act shall take effect on the sixtieth day after it shall
 have become a law;
   3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1 of section 409-a of the social services law, made by section fifty-two
 of this act shall survive the expiration of such  subparagraph  pursuant
 to section 28 of part C of chapter 83 of the laws of 2002, as amended;
   4.  the  amendments  to  subdivision  4 of section 353.5 of the family
 court act made by section twenty-four of this act shall not  affect  the
 expiration  and  reversion of such subdivision pursuant to section 11 of
 subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
 shall  expire  and be deemed repealed therewith, when upon such date the
 provisions of section twenty-five of this act shall take effect;
   5. the amendments to section 153-k of the social services law made  by
 section  forty-seven  of  this  act  shall not affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   6. the amendments to section 404 of the social services  law  made  by
 section  fifty-one  of  this  act  shall  not  affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   7.  the amendments to subdivision 1 of section 70.20 of the penal  law
 made  by section fifty-eight of this act shall not affect the expiration
 of such subdivision and shall expire and be deemed repealed therewith;
   8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
 of  the  penal  law made by section sixty-a of this act shall not affect
 the expiration of such paragraph and shall be deemed  to  expire  there-
 with;
   8-a. if chapter 492 of the laws of 2016 shall not have taken effect on
 or  before  such  date  then section sixty-three-l-one of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2016, takes effect;
   9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
 section  3214  of the education law made by section eighty-seven of this
 act shall not affect the expiration  and  reversion  of  such  paragraph
 pursuant  to  section  4 of chapter 425 of the laws of 2002, as amended,
 when upon such date the provisions of section eighty-seven-a of this act

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 shall take effect; provided, however if such date of reversion is  prior
 to January 1, 2019, section eighty-seven-a of this act shall take effect
 on January 1, 2019; and
   10. the amendments to the second undesignated paragraph of subdivision
 4  of  section  246  of the executive law made by section eighty-nine of
 this act shall not affect the expiration and reversion of such paragraph
 pursuant to subdivision aa of section 427 of chapter 55 of the  laws  of
 1992,  as amended, when upon such date the provisions of section eighty-
 nine-a of this act shall take effect; provided, however if such date  of
 reversion is prior to January 1, 2019, section eighty-nine-a of this act
 shall take effect on January 1, 2019.