Senate Bill S6474

2009-2010 Legislative Session

Authorizes the correctional association to inspect residential juvenile detention facilities

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2010	amended on third reading 6474c
Mar 11, 2010	advanced to third reading
Mar 10, 2010	2nd report cal.
Mar 09, 2010	1st report cal.220
Mar 02, 2010	print number 6474b
Mar 02, 2010	amend and recommit to children and families
Feb 17, 2010	print number 6474a
Feb 17, 2010	amend (t) and recommit to children and families
Jan 19, 2010	referred to children and families

Votes

- Mar 9, 2010 - Children And Families Committee Vote
  S6474
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Children And Families Committee Vote: Mar 9, 2010
      
      aye (3)
      
      Duane
      
      Huntley
      
      Montgomery
      
      nay (1)
      
      McDonald
      
      aye wr (2)
      
      Marcellino
      
      Schneiderman

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2009-S6474 - Details

Law Section:: Correctional Services
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L

2009-S6474 - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2009-S6474 - Sponsor Memo

                                 BILL NUMBER:  S6474

 TITLE OF BILL :

An act in relation to the powers and duties of the Correctional
Association


 PURPOSE OF THE BILL :

This bill establishes an independent, external oversight body with
unrestricted access to juvenile placement facilities to monitor and
report on OCFS' juvenile justice policies and practices.

 SUMMARY OF PROVISIONS :

Section 1 of this bill sets out the bills legislative intent.

Section 2 of the bill explains the powers and duties of the
Correctional Association.

 EXISTING LAW :

There is no independent, external oversight of a state juvenile
justice placements.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :
The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their
advocacy has led to several important reforms of the prison system,
including the abolishment of corporal punishment within prisons, the
introduction of mental health and substance abuse treatment within
prisons, and the creation of the first prison in the nation for
children.

Today's juvenile justice facilities are not like adult prisons of
1844, or the prisons of today. But the challenges are similarly
difficult.  A lengthy investigation by the Department of Justice
uncovered shocking abuses by the staff at the State's juvenile justice
facilities. These staff persons have used violence to maintain order
within the facility, resulting in a number of serious injuries to
youth including broken bones, concussions, and bone fractures caused
by the twisting of limbs. The Department of Justice also found th at
mental health services within these facilities were shockingly
inadequate. Children often received contradictory mental health
diagnoses.  Medications were improperly administered, and the
medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities.  Their expertise in
correctional practice and policy, when paired with their specific
expertise in juvenile justice reform, will help guide New York past
the difficult reform that is necessary in order to keep our children
safe.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
Sixty days after passage.

2009-S6474 - Bill Text download pdf

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

                                  6474

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT in relation to the powers and duties of the Correctional  Associ-
  ation

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

  Section 1. Legislative intent. The Correctional Association has sound-
ed the loudest, clearest call for reform of  our  state's  prisons  ever
since  the organization was founded in 1844. When the organization began
its work, prisons were,  by  today's  standards,  astonishingly  brutal.
Punishment of prisoners, not their rehabilitation, was the goal. Inmates
were  regularly beaten by guards, inmates were allowed to commit acts of
violence against one another without consequence, and living  conditions
were  by  any  standard  inhumane. Not surprisingly, those whose term of
incarceration ended returned to their  neighborhoods  more  violent  and
more dangerous than when they entered.
  Throughout  the  intervening  years  the  Correctional Association has
called for the reforms which are "demanded by the interests  of  society
and  by  every  dictate  of  humanity." Their advocacy has led to, among
other important accomplishments, the abolishment of corporal  punishment
within  prisons; the establishment of a system of fines to keep individ-
uals convicted of minor offenses from being incarcerated; the establish-
ment of a system of restitution to make  victims  of  crime  whole;  the
creation  of academic, religious, and vocational training for inmates to
prevent recidivism; the founding of the state probation commission;  the
establishment  of  mental  health  and  substance  abuse  treatment  for
inmates; and the creation of the Elmira Reformatory, the first prison in
the nation designed for children. In 2009, the Association was a  leader
in  the  effort  to end the unconscionable practice of shackling inmates
who are in the process of childbirth and the establishment of department
of health oversight over HIV and hepatitis C testing  and  treatment  in
prison.
  The conditions in New York juvenile justice facilities are by no meas-
ure  as  brutal  as  the  conditions  in New York state prisons when the

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

                                                           LBD14786-04-0

S. 6474                             2

Correctional Association began its work. But  the  stakes  are  just  as
high.  The  youth  in  these  facilities,  almost without exception, are
profoundly vulnerable. Many of them have been  victims  of  physical  or
sexual  abuse. Many of them have a mental health diagnosis. Many of them
have a diagnosed learning impairment.  Many  of  them  are  coping  with
several of these issues at once and may have acted in ways that jeopard-
ize public safety and their own safety.
  In  August  of  2009  the  Department of Justice issued a report which
revealed the cruelty of our state's  juvenile  detention  facilities  in
stark  detail.  Their  investigation  showed  that  staff routinely used
excessive physical force to discipline children,  resulting  in  serious
injuries  including concussions and broken bones. Mental health services
are abysmal and substance abuse services are shockingly deficient. These
youth, many of them under 16, have never been given a chance.
  We cannot expect these youth to be rehabilitated until the  facilities
that  we  place them in are reformed. That process cannot begin until we
understand the depths of the problem, today and in the future. The spot-
light that the Correctional Association wields will make  that  endeavor
possible.
  S  2.  Notwithstanding any other provision of law to the contrary, the
Correctional Association, by such committees as they shall from time  to
time  appoint,  shall  have  the  power, authority and duty to regularly
visit, inspect, and examine all residential juvenile facilities overseen
by the office of children and family services as defined in section  504
or  504-a  of  the  executive  law,  including  the property, documents,
records, policies, procedures, staff  and  all  such  other  things  and
records  maintained or controlled by the facility which are connected to
the Association's legislative mandate.
  The Association has the authority to  conduct  unannounced  visits  to
determine  the  welfare of the youth is protected at juvenile facilities
operated or certified by the office of  children  and  family  services.
The  Association  shall  receive  copies of incident reports involving a
youth residing in a facility operated or  certified  by  the  office  of
children and family services. If the Association comes to learn of child
abuse as defined in section 412-a of the social services law, they shall
make  an  immediate report to the commissioner of the office of children
and family services and the statewide central registry of child abuse.
  The Association shall have confidential contact in person and in writ-
ing with the residents and staff of such facilities. All information the
Correctional Association obtains while fulfilling its duties under  this
section  that  is  not  publicly  available  shall be kept confidential,
unless a release is obtained by effected  parties  and  such  disclosure
will advance the rights of youth who are placed in these facilities.
  The  Correctional  Association shall periodically report to the gover-
nor, the president of the senate,  the  speaker  of  the  assembly,  the
chairs  of  the children and families committee in the senate and assem-
bly, office of children and family services, labor representatives,  and
the  media  regarding  the sate and condition of the residential facili-
ties, including any suggested remedial actions. In addition, the associ-
ation shall also report by the first of November to the governor, legis-
lature, labor representatives, and the media on the state and  condition
of  all of the state's residential juvenile facilities. The Correctional
Association shall also make all reports available on the  internet.  The
office  of children and family services shall meet with the Correctional
Association and respond in writing to the findings  and  recommendations

S. 6474                             3

issued in the annual reports. The office of children and family services
shall make its response available on the internet.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2009-S6474A - Details

Law Section:: Correctional Services
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L

2009-S6474A - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2009-S6474A - Sponsor Memo

                                 BILL NUMBER:  S6474A

 TITLE OF BILL :

An act to amend the executive law, in relation to the powers and
duties of the correctional association to inspect residential juvenile
facilities


 PURPOSE OF THE BILL :

This bill establishes an independent, external oversight body with
unrestricted access to juvenile placement facilities to monitor and
report on OCFS' juvenile justice policies and practices.

 SUMMARY OF PROVISIONS :

Section 1 of this bill sets out the bills legislative intent.

Section 2 of the bill explains the powers and duties of the
Correctional Association.

 EXISTING LAW :

There is no independent, external oversight of a state juvenile
justice placements.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :
The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their
advocacy has led to several important reforms of the prison system,
including the abolishment of corporal punishment within prisons, the
introduction of mental health and substance abuse treatment within
prisons, and the creation of the first prison in the nation for
children.

Today's juvenile justice facilities are not like adult prisons of
1844, or the prisons of today. But the challenges are similarly
difficult.  A lengthy investigation by the Department of Justice
uncovered shocking abuses by the staff at the State's juvenile justice
facilities. These staff persons have used violence to maintain order
within the facility, resulting in a number of serious injuries to
youth including broken bones, concussions, and bone fractures caused
by the twisting of limbs. The Department of Justice also found th at
mental health services within these facilities were shockingly
inadequate. Children often received contradictory mental health
diagnoses.  Medications were improperly administered, and the
medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities.  Their expertise in
correctional practice and policy, when paired with their specific
expertise in juvenile justice reform, will help guide New York past
the difficult reform that is necessary in order to keep our children
safe.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
Sixty days after passage.

2009-S6474A - Bill Text download pdf

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

                                 6474--A

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by  Sens. MONTGOMERY, DUANE, KRUEGER, ONORATO, PARKER, SQUA-
  DRON -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Children and Families -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the executive law, in relation to the powers and duties
  of the correctional association to inspect residential juvenile facil-
  ities

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

  Section 1.  The executive law is amended by adding a new section 504-c
to read as follows:
  S  504-C.  POWERS  AND  DUTIES  OF  THE  CORRECTIONAL  ASSOCIATION. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  CORREC-
TIONAL  ASSOCIATION,  BY SUCH COMMITTEES AS THEY SHALL FROM TIME TO TIME
APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY  TO  REGULARLY  VISIT,
INSPECT, AND EXAMINE ALL RESIDENTIAL JUVENILE FACILITIES OVERSEEN BY THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AS  DEFINED IN SECTION FIVE
HUNDRED FOUR OR FIVE HUNDRED FOUR-A OF THIS ARTICLE, INCLUDING THE PROP-
ERTY, DOCUMENTS, RECORDS, POLICIES, PROCEDURES, STAFF AND ALL SUCH OTHER
THINGS AND RECORDS MAINTAINED OR CONTROLLED BY THE  FACILITY  WHICH  ARE
CONNECTED TO THE ASSOCIATION'S LEGISLATIVE MANDATE.
  2.  THE ASSOCIATION HAS THE AUTHORITY TO CONDUCT UNANNOUNCED VISITS TO
DETERMINE  THE  WELFARE OF THE YOUTH IS PROTECTED AT JUVENILE FACILITIES
OPERATED OR CERTIFIED BY THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES.
THE  ASSOCIATION  SHALL  RECEIVE  COPIES OF INCIDENT REPORTS INVOLVING A
YOUTH RESIDING IN A FACILITY OPERATED OR  CERTIFIED  BY  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES. IF THE ASSOCIATION COMES TO LEARN OF CHILD
ABUSE AS DEFINED IN SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES
LAW,  THEY  SHALL  MAKE  AN  IMMEDIATE REPORT TO THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATEWIDE CENTRAL  REGIS-
TRY OF CHILD ABUSE.
  3.    THE ASSOCIATION SHALL HAVE CONFIDENTIAL CONTACT IN PERSON AND IN
WRITING WITH THE RESIDENTS AND STAFF OF SUCH FACILITIES. ALL INFORMATION

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

                                                           LBD14786-05-0

S. 6474--A                          2

THE CORRECTIONAL ASSOCIATION OBTAINS WHILE FULFILLING ITS  DUTIES  UNDER
THIS  SECTION THAT IS NOT PUBLICLY AVAILABLE SHALL BE KEPT CONFIDENTIAL,
UNLESS A RELEASE IS OBTAINED BY EFFECTED  PARTIES  AND  SUCH  DISCLOSURE
WILL ADVANCE THE RIGHTS OF YOUTH WHO ARE PLACED IN THESE FACILITIES.
  4.    THE  CORRECTIONAL  ASSOCIATION  SHALL PERIODICALLY REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE  CHAIRS  OF  THE  CHILDREN  AND FAMILIES COMMITTEE IN THE
SENATE AND ASSEMBLY, OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  LABOR
REPRESENTATIVES,  AND THE MEDIA REGARDING THE STATE AND CONDITION OF THE
RESIDENTIAL FACILITIES, INCLUDING ANY  SUGGESTED  REMEDIAL  ACTIONS.  IN
ADDITION,  THE ASSOCIATION SHALL ALSO REPORT BY THE FIRST OF NOVEMBER TO
THE GOVERNOR, LEGISLATURE, LABOR REPRESENTATIVES, AND THE MEDIA  ON  THE
STATE  AND  CONDITION OF ALL OF THE STATE'S RESIDENTIAL JUVENILE FACILI-
TIES. THE CORRECTIONAL ASSOCIATION SHALL ALSO MAKE ALL REPORTS AVAILABLE
ON THE INTERNET. THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  MEET
WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO THE FINDINGS
AND RECOMMENDATIONS ISSUED IN THE ANNUAL REPORTS. THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE ON THE INTERNET.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2009-S6474B - Details

Law Section:: Correctional Services
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L

2009-S6474B - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2009-S6474B - Sponsor Memo

                                 BILL NUMBER:  S6474B

 TITLE OF BILL :
An act to amend the executive law, in relation to the powers and
duties of the correctional association to inspect residential juvenile
facilities


 PURPOSE OF THE BILL :
This bill establishes an independent, external oversight body with
unrestricted access to juvenile placement facilities to monitor and
report on OCFS' juvenile justice policies and practices.

 SUMMARY OF PROVISIONS :
Section 1 of this bill sets out the bills legislative intent.

Section 2 of the bill explains the powers and duties of the
Correctional Association.

 EXISTING LAW :
There is no independent, external oversight of a state juvenile
justice placements.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 STATEMENT IN SUPPORT :
The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their
advocacy has led to several important reforms of the prison system,
including the abolishment of corporal punishment within prisons, the
introduction of mental health and substance abuse treatment within
prisons, and the creation of the first prison in the nation for
children.

Today's juvenile justice facilities are not like adult prisons of
1844, or the prisons of today. But the challenges are similarly
difficult. A lengthy investigation by the Department of Justice
uncovered shocking abuses by the staff at the State's juvenile justice
facilities. These staff persons have used violence to maintain order
within the facility, resulting in a number of serious injuries to
youth including broken bones, concussions, and bone fractures caused
by the twisting of limbs. The Department of Justice also found that
mental health services within these facilities were shockingly
inadequate. Children often received contradictory mental health
diagnoses.  Medications were improperly administered, and the
medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities.  Their expertise in
correctional practice and policy, when paired with their specific
expertise in juvenile justice reform, will help guide New York past
the difficult reform that is necessary in order to keep our children
safe.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
Sixty days after passage.

2009-S6474B - Bill Text download pdf

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

                                 6474--B

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by Sens. MONTGOMERY, ADAMS, DUANE, KRUEGER, ONORATO, PARKER,
  SQUADRON -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the  Committee  on  Children  and Families -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the executive law, in relation to the powers and duties
  of the correctional association to inspect residential juvenile facil-
  ities

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

  Section 1.  The executive law is amended by adding a new section 504-c
to read as follows:
  S  504-C.  POWERS  AND  DUTIES  OF  THE  CORRECTIONAL  ASSOCIATION. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  CORREC-
TIONAL  ASSOCIATION,  BY SUCH COMMITTEES AS THEY SHALL FROM TIME TO TIME
APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY  TO  REGULARLY  VISIT,
INSPECT, AND EXAMINE ALL RESIDENTIAL JUVENILE FACILITIES OVERSEEN BY THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AS  DEFINED IN SECTION FIVE
HUNDRED FOUR OR FIVE HUNDRED FOUR-A OF THIS ARTICLE, INCLUDING THE PROP-
ERTY, DOCUMENTS, RECORDS, POLICIES, PROCEDURES, STAFF AND ALL SUCH OTHER
THINGS AND RECORDS MAINTAINED OR CONTROLLED BY THE  FACILITY  WHICH  ARE
CONNECTED TO THE ASSOCIATION'S LEGISLATIVE MANDATE.
  2.  THE ASSOCIATION HAS THE AUTHORITY TO CONDUCT UNANNOUNCED VISITS TO
DETERMINE  THE  WELFARE OF THE YOUTH IS PROTECTED AT JUVENILE FACILITIES
OPERATED OR CERTIFIED BY THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES.
THE  ASSOCIATION  SHALL  RECEIVE  COPIES OF INCIDENT REPORTS INVOLVING A
YOUTH RESIDING IN A FACILITY OPERATED OR  CERTIFIED  BY  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES. IF THE ASSOCIATION COMES TO LEARN OF CHILD
ABUSE AS DEFINED IN SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES
LAW,  THEY  SHALL  MAKE  AN  IMMEDIATE REPORT TO THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATEWIDE CENTRAL  REGIS-
TRY OF CHILD ABUSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14786-07-0

S. 6474--B                          2

  3.    THE ASSOCIATION SHALL HAVE CONFIDENTIAL CONTACT IN PERSON AND IN
WRITING WITH THE RESIDENTS AND STAFF OF SUCH FACILITIES. ALL INFORMATION
THE CORRECTIONAL ASSOCIATION OBTAINS WHILE FULFILLING ITS  DUTIES  UNDER
THIS  SECTION THAT IS NOT PUBLICLY AVAILABLE SHALL BE KEPT CONFIDENTIAL,
UNLESS  A  RELEASE  IS  OBTAINED BY AFFECTED PARTIES AND SUCH DISCLOSURE
WILL ADVANCE THE RIGHTS OF YOUTH WHO ARE PLACED IN THESE FACILITIES.
  4.   THE CORRECTIONAL ASSOCIATION SHALL  PERIODICALLY  REPORT  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIRS OF THE  CHILDREN  AND  FAMILIES  COMMITTEE  IN  THE
SENATE  AND  ASSEMBLY,  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, LABOR
REPRESENTATIVES, AND THE MEDIA REGARDING THE STATE AND CONDITION OF  THE
RESIDENTIAL  FACILITIES,  INCLUDING  ANY  SUGGESTED REMEDIAL ACTIONS. IN
ADDITION, THE ASSOCIATION SHALL ALSO REPORT BY THE FIRST OF NOVEMBER  TO
THE  GOVERNOR,  LEGISLATURE, LABOR REPRESENTATIVES, AND THE MEDIA ON THE
STATE AND CONDITION OF ALL OF THE STATE'S RESIDENTIAL  JUVENILE  FACILI-
TIES. THE CORRECTIONAL ASSOCIATION SHALL ALSO MAKE ALL REPORTS AVAILABLE
ON  THE  INTERNET. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MEET
WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO THE FINDINGS
AND RECOMMENDATIONS ISSUED IN THE ANNUAL REPORTS. THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE ON THE INTERNET.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2009-S6474C (ACTIVE) - Details

Law Section:: Correctional Services
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L

2009-S6474C (ACTIVE) - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2009-S6474C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6474C

 TITLE OF BILL :
An act to amend the executive law, in relation to the powers and
duties of the correctional association to inspect residential juvenile
facilities


 PURPOSE OF THE BILL :
This bill would allow the correctional associations to act as an
independent, external oversight body with unrestricted access to
juvenile placement facilities to monitor and report on OCFS' juvenile
justice policies and practices. Additionally, the bill would allow
prisoners' legal services of New York to provide legal representation
to juveniles.

 SUMMARY OF PROVISIONS :
Section 1 of this bill sets forth the authority of Prisoners' Legal
Services to have a confidential, toll-free hotline enabling youth in
OCFS facilities to report abuses or complaints about confinement
conditions to an external entity.

Section 2 of the bill explains the powers and duties of the
Correctional Association.

Section 3 of the bill explains the powers of Prisoner's Legal

Services.

Section 4 sets forth the effective date.

 EXISTING LAW :
There is no independent, external oversight or enforcement of state
juvenile justice placements.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 STATEMENT IN SUPPORT :
The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their
advocacy has led to several important reforms of the prison system,
including the abolishment of corporal punishment within prisons, the
introduction of mental health and substance abuse treatment within
prisons, and the creation of the first prison in the nation for
children.

Today's juvenile justice facilities are not like adult prisons of
1844, or the prisons of today. But the challenges are similarly
difficult. A lengthy investigation by the Department of Justice
uncovered shocking abuses by the staff at the State's juvenile justice
facilities. These staff persons have used violence to maintain order
within the facility, resulting in a number of serious injuries to
youth including broken bones, concussions, and bone fractures caused
by the twisting of limbs. The Department of Justice also found that
mental health services within these facilities were shockingly
inadequate.  Children often received contradictory mental health
diagnoses.  Medications were improperly administered, and the
medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities.  Their expertise in
correctional practice and policy, when paired with their specific
expertise in juvenile justice reform, will help guide New York past
the difficult reform that is necessary in order to keep our children
safe.
To compliment the role of the Correctional Association (CA), this bill
would also authorize Prisoners' Legal Services of New York to
establish a Juvenile Justice Unit vested with the authority to
represent the children in the State's residential juvenile detention
facilities.  Prisoners' Legal Services' enforcement role will involve
interviewing the youth, reviewing their records, investigating their
complaints, and advocating for their rights, safety and well-being.
With more than 34 years of experience representing and advocating for
the humane treatment of those individuals held in the care of our
state, PLS has offices in close proximity to the youth facilities and
has the infrastructure and substantive knowledge necessary to address
these issues in a timely fashion.. PLS is required to notify any
appointed Law Guardian to ensure that the best interest of the child
continues to be served.

This bill also provides for the establishment of a confidential,
toll-free hotline for those youth residing in a facility maintained by
the Office of Children and Family Services. This hotline will provide
an external contact for juveniles' whose rights have been violated or
who need legal assistance in a facility matter.

The two-pronged approach of empowering both the Correctional
Association and Prisoners' Legal Services will increase the likelihood
that constitutional violations will be revealed and will be remedied.

 BUDGET IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Sixty days after passage.

2009-S6474C (ACTIVE) - Bill Text download pdf

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

                                 6474--C
    Cal. No. 220

                            I N  S E N A T E

                            January 19, 2010
                               ___________

Introduced  by Sens. MONTGOMERY, ADAMS, DUANE, KRUEGER, ONORATO, PARKER,
  PERKINS, SQUADRON -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Children and Families -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT to amend the executive law, in relation to the powers and duties
  of the correctional association to inspect residential juvenile facil-
  ities

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

  Section 1. Section 503 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
  6-A.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT ALL
YOUTH PLACED IN SECURE, LIMITED SECURE AND NON-SECURE  FACILITIES  OPER-
ATED,  MAINTAINED  OR  CERTIFIED  BY  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED  BY
PRISONERS'  LEGAL  SERVICES OF NEW YORK PURSUANT TO SUBDIVISION THREE OF
SECTION FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF  REPORTING
ABUSE  AND COMPLAINTS REGARDING CONDITIONS OF CONFINEMENT. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL ALLOW PRISONERS'  LEGAL  SERVICES  OF
NEW  YORK  QUARTERLY  ACCESS  TO  SUCH FACILITIES TO ADVISE THE YOUTH OF
THEIR PROCEDURAL AND SUBSTANTIVE RIGHTS AND INFORM  SUCH  YOUTH  OF  THE
HOTLINE.
  S  2.  The  executive  law is amended by adding a new section 504-c to
read as follows:
  S 504-C. POWERS AND DUTIES OF  THE  CORRECTIONAL  ASSOCIATION  OF  NEW
YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
CORRECTIONAL  ASSOCIATION  OF NEW YORK, BY SUCH COMMITTEES AS THEY SHALL
FROM TIME TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND  DUTY  TO
REGULARLY  VISIT,  INSPECT,  AND  EXAMINE ALL SECURE, LIMITED SECURE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14786-09-0

S. 6474--C                          2

NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES,  INCLUDING  ALL  PROPERTY,   DOCUMENTS,
RECORDS,  POLICIES,  PROCEDURES,  STAFF  AND ALL SUCH OTHER THINGS MAIN-
TAINED OR CONTROLLED BY SUCH FACILITIES.
  2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE  FACILI-
TIES  OPERATED,  MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES TO ENSURE THE WELFARE OF THE  YOUTH  IS  PROTECTED.  THE
CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH  FACILI-
TIES.  IF  THE  CORRECTIONAL  ASSOCIATION  LEARNS  THAT A YOUTH HAS BEEN
ABUSED AS DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED  TWELVE-A
OF  THE  SOCIAL SERVICES LAW, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  STATE-
WIDE  CENTRAL  REGISTRY OF CHILD ABUSE, AND TO PRISONERS' LEGAL SERVICES
OF NEW YORK.
  3. THE CORRECTIONAL ASSOCIATION  SHALL  HAVE  THE  AUTHORITY  TO  HAVE
CONFIDENTIAL  CONTACT  IN  PERSON  AND IN WRITING WITH THE RESIDENTS AND
STAFF OF SECURE, LIMITED  SECURE  AND  NON-SECURE  FACILITIES  OPERATED,
MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS  WHILE
FULFILLING  ITS  DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND
ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY  LAW  UPON  THE  PARTY
FURNISHING  THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION,
PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT  SUCH  INFORMATION
RELATED  TO  THE  ABUSE  OF YOUTH AS REQUIRED BY SUBDIVISION TWO OF THIS
SECTION.
  4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
CHAIRS  OF  THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE AND ASSEM-
BLY, THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR  REPRESENTATIVES,
AND  THE  MEDIA REGARDING THE STATE AND CONDITION OF THE SECURE, LIMITED
SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED AND  CERTIFIED  BY
THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, INCLUDING ANY SUGGESTED
REMEDIAL ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL
BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
OF  THIS  SECTION.  THE  CORRECTIONAL ASSOCIATION SHALL MAKE ALL REPORTS
AVAILABLE ON THE INTERNET. THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
SHALL  MEET  WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO
THE FINDINGS AND RECOMMENDATIONS  ISSUED  IN  THE  ANNUAL  REPORTS.  THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE
ON THE INTERNET.
  5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
  S  3.  The  executive  law is amended by adding a new section 504-d to
read as follows:
  S 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  PRISONERS'  LEGAL
SERVICES,  BY AND THROUGH THEIR EMPLOYEES, UPON NOTIFICATION OF ABUSE OR
A COMPLAINT REGARDING A CONDITION OF  CONFINEMENT  BY  THE  CORRECTIONAL
ASSOCIATION  OF  NEW  YORK  PURSUANT  TO SUBDIVISION TWO OF SECTION FIVE

S. 6474--C                          3

HUNDRED FOUR-C OF THIS TITLE, VIA THE HOTLINE  ESTABLISHED  PURSUANT  TO
SUBDIVISION THREE OF THIS SECTION, OR BY A PARENT, GUARDIAN OR ANY OTHER
CONCERNED  INDIVIDUAL,  SHALL  HAVE  THE  POWER AND AUTHORITY TO PROVIDE
LEGAL  REPRESENTATION  TO  YOUTH  RESIDING IN SECURE, LIMITED SECURE AND
NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, INCLUDING THE POWER AND AUTHORITY TO  HAVE
CONFIDENTIAL  CONTACT  VISITS  WITH  SUCH  YOUTH,  REVIEW THEIR RECORDS,
INVESTIGATE THEIR COMPLAINTS, AND ADVOCATE FOR THEIR RIGHTS, SAFETY  AND
WELL-BEING.  UPON  COMMENCING REPRESENTATION OF A YOUTH PURSUANT TO THIS
SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LAW GUAR-
DIAN, IF ANY, APPOINTED TO REPRESENT SUCH YOUTH.
  2. PRISONERS' LEGAL SERVICES SHALL  HAVE  THE  AUTHORITY  TO  INSPECT,
REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION
OF  A  YOUTH  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO,  USE  OF  FORCE  DOCUMENTS,  UNUSUAL  INCIDENT  REPORTS,
MEDICAL  AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND PROGRAMMING
INSTITUTIONAL RECORDS, PRESENTENCE REPORTS AND COURT RECORDS,  INCLUDING
SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER.
  3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
DENTIAL  TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF ABUSE
FROM YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE  FACILITIES
OPERATED,  MAINTAINED  OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
  4. ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL  SERVICES
PURSUANT  TO  ITS FUNCTIONS UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL
AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
FURNISHING THE INFORMATION SHALL APPLY  TO  PRISONERS'  LEGAL  SERVICES.
CONFIDENTIAL  INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES PURSUANT
TO ITS FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO  LEGAL  DOCUMENTS
AND PLEADINGS AS A SEALED EXHIBIT.
  5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
PLACED IN FOSTER CARE PURSUANT TO SECTION THREE  HUNDRED  FIFTY-EIGHT-A,
THREE  HUNDRED  EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO,  ONE  THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY  PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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