S T A T E O F N E W Y O R K
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5645
2009-2010 Regular Sessions
I N A S S E M B L Y
February 17, 2009
___________
Introduced by M. of A. V. LOPEZ, PERRY, PRETLOW -- Multi-Sponsored by --
M. of A. CLARK, P. RIVERA -- read once and referred to the Committee
on Children and Families
AN ACT to amend the executive law, the county law, the family court act,
the social services law and the New York city charter, in relation to
home detention programs for juveniles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
3. (A) "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
conditions of release from [a division] 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 offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged or convicted juvenile offenders who have not attained their
eighteenth birthday shall be subject to detention [in a detention facil-
ity] PURSUANT TO THIS ARTICLE. "DETENTION" ALSO MEANS THE TEMPORARY
SUPERVISION AND PROVISION OF SERVICES IN A HOME DETENTION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION TO ELIGIBLE YOUTH, AS DEFINED IN THIS
SECTION, HELD PURSUANT TO ARTICLE THREE OR SEVEN OF THE FAMILY COURT ACT
EXCEPT, IN THE CASE OF THE CITY OF NEW YORK, PURSUANT TO ARTICLE THREE
OF THE FAMILY COURT ACT.
(B) (I) "HOME DETENTION PROGRAM" MEANS A PROGRAM IN WHICH, BY ORDER OF
THE FAMILY COURT, AN ELIGIBLE YOUTH, AS DEFINED IN THIS SECTION, IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08385-01-9
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RELEASED TO HIS OR HER PARENT, GUARDIAN OR CUSTODIAN UNDER THE SUPER-
VISION OF THE GOVERNMENT AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF
JUVENILE DETENTION, OR THE AGENCY OPERATING THE HOME DETENTION PROGRAM,
PENDING ADJUDICATION, DISPOSITION, OR PLACEMENT. THE FAMILY COURT SHALL
NOT ORDER A YOUTH TO BE RELEASED TO A HOME DETENTION PROGRAM UNLESS THE
AGENCY ADMINISTERING JUVENILE DETENTION OR OPERATING THE HOME DETENTION
PROGRAM HAS MADE A RECOMMENDATION TO THE COURT THAT SUCH YOUTH PARTIC-
IPATE IN SUCH A PROGRAM. THE AGENCY ADMINISTERING JUVENILE DETENTION OR
OPERATING THE HOME DETENTION PROGRAM SHALL SUPERVISE AND PROVIDE
SERVICES TO YOUTH IN THE HOME DETENTION PROGRAM AND SHALL REQUIRE SUCH
YOUTH TO ADHERE TO CERTAIN RULES AS CONDITIONS OF PARTICIPATION IN A
HOME DETENTION PROGRAM. THE AGENCY ADMINISTERING JUVENILE DETENTION OR
OPERATING THE HOME DETENTION PROGRAM SHALL REPORT TO THE FAMILY COURT
ANY BREACH OF THE CONDITIONS OF PARTICIPATION IN A HOME DETENTION
PROGRAM AND THE FAMILY COURT SHALL DETERMINE WHETHER THE YOUTH MAY
CONTINUE TO PARTICIPATE IN THE HOME DETENTION PROGRAM.
(II) FOR THE PURPOSES OF A HOME DETENTION PROGRAM, "ELIGIBLE YOUTH"
MEANS A YOUTH DETERMINED BY THE AGENCY ADMINISTERING JUVENILE DETENTION
OR OPERATING A HOME DETENTION PROGRAM TO POSSESS CERTAIN QUALIFICATIONS,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
(1) THE YOUTH HAS BEEN REMANDED TO A DETENTION FACILITY;
(2) THE YOUTH IS DEEMED BY SUCH AGENCY TO POSE A MINIMAL RISK TO THE
COMMUNITY;
(3) THE YOUTH IS DEEMED BY SUCH AGENCY TO BE UNLIKELY TO FAIL TO
APPEAR IN COURT WHEN REQUIRED; AND
(4) THE PARENT, GUARDIAN OR CUSTODIAN OF THE YOUTH AGREES TO ASSUME
RESPONSIBILITY FOR THE YOUTH.
UPON A DETERMINATION THAT A YOUTH POSSESSES ALL SUCH QUALIFICATIONS, THE
AGENCY ADMINISTERING JUVENILE DETENTION OR OPERATING THE HOME DETENTION
PROGRAM MAY MAKE A RECOMMENDATION TO THE FAMILY COURT THAT SUCH YOUTH
PARTICIPATE IN SUCH A PROGRAM.
(III) "CONDITIONS OF PARTICIPATION IN A HOME DETENTION PROGRAM" MEANS
CONDITIONS SET BY THE AGENCY ADMINISTERING JUVENILE DETENTION OR OPERAT-
ING THE HOME DETENTION PROGRAM OR BY THE FAMILY COURT WHICH, IF NOT MET,
MAY, AT THE DISCRETION OF THE FAMILY COURT, RESULT IN A REMAND TO A
DETENTION FACILITY. CONDITIONS OF PARTICIPATION SHALL INCLUDE, BUT NOT
BE LIMITED TO, THE FOLLOWING:
(1) THAT THE YOUTH ATTEND A SCHOOL OR ALTERNATE SCHOOL PROGRAM ON A
REGULAR BASIS WHEN SCHOOL IS IN SESSION;
(2) THAT THE YOUTH LIVE WITH HIS OR HER PARENT, GUARDIAN OR CUSTODIAN;
(3) THAT THE YOUTH AVOID CRIMINAL AND DELINQUENT BEHAVIOR; AND
(4) THAT THE YOUTH PARTICIPATE IN SERVICES PROVIDED BY THE AGENCY
ADMINISTERING JUVENILE DETENTION OR OPERATING THE HOME DETENTION
PROGRAM.
S 2. Subdivisions 2, 3 and 4 of section 503 of the executive law, as
amended by chapter 465 of the laws of 1992, are amended to read as
follows:
2. To assure that adequate, suitable and conveniently accessible
accommodations and proper care will be available when required for
detention, the [division] OFFICE OF CHILDREN AND FAMILY SERVICES may
contract for or establish, operate, maintain and certify secure and
non-secure detention facilities AND ESTABLISH, OPERATE, MAINTAIN AND
APPROVE HOME DETENTION PROGRAMS if funds shall have been made available
for the lease or purchase and maintenance and operation of appropriate
facilities AND PROGRAMS.
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3. Each social services district may establish, operate and maintain
secure and non-secure detention facilities AND HOME DETENTION PROGRAMS
for the purposes defined in section five hundred two of this article.
Each [such] detention facility AND HOME DETENTION PROGRAM ESTABLISHED
PURSUANT TO THIS SECTION shall be established, operated and maintained
in compliance with this article and the regulations of the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
and inspect all facilities used for detention and make periodic reports
of the operation and adequacy of such facilities, and the need for
provision of such facilities to the county executive, if there be one,
the county legislature and the family court judges of the county in
which such facilities are located, and the office of court adminis-
tration. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO MONITOR
THE OPERATION OF HOME DETENTION PROGRAMS ESTABLISHED PURSUANT TO THIS
SECTION. SUCH MONITORING SHALL NOT INCLUDE VISITS TO A HOME DETENTION
PROGRAM PARTICIPANT'S RESIDENCE WITHOUT THE PRESENCE OF AN EMPLOYEE OF
THE AGENCY ADMINISTERING JUVENILE DETENTION OR OPERATING HOME DETENTION.
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE PERIODIC REPORTS
OF THE OPERATION AND ADEQUACY OF HOME DETENTION PROGRAMS AND THE NEED
FOR PROVISION OF SUCH PROGRAMS TO THE COUNTY EXECUTIVE, IF THERE BE ONE,
THE COUNTY LEGISLATURE AND THE FAMILY COURT JUDGES OF THE COUNTY IN
WHICH SUCH PROGRAMS ARE LOCATED, AND THE OFFICE OF COURT ADMINISTRATION.
The department of [social services] FAMILY ASSISTANCE shall cooperate
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES to
make arrangements for joint visitation, MONITORING and inspection of
foster care programs certified by the department of [social services]
FAMILY ASSISTANCE and serving youth detained, in cities having a popu-
lation of one million or more, pursuant to article seven of the family
court act.
S 3. Section 503 of the executive law is amended by adding a new
subdivision 9 to read as follows:
9. STATEMENTS MADE BY THE RESPONDENT OR THE RESPONDENT'S FAMILY
MEMBERS TO EMPLOYEES OF THE AGENCY ADMINISTERING OR OPERATING A HOME
DETENTION PROGRAM SHALL NOT BE TRANSMITTED OR OTHERWISE COMMUNICATED TO
THE PRESENTMENT AGENCY OR BE ADMISSIBLE IN ANY FACT-FINDING HEARING
CONVENED PURSUANT TO PART FOUR OF ARTICLE THREE OF THE FAMILY COURT ACT.
S 4. Subdivision 2 of section 530 of the executive law, as amended by
chapter 920 of the laws of 1982, is amended to read as follows:
2. Expenditures made by social services districts in providing care,
maintenance and supervision to youth in detention facilities designated
pursuant to sections seven hundred twenty-four and 305.2 of the family
court act and certified by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, AND FOR SUPERVISION OF AND PROVISION OF SERVICES TO
YOUTH IN HOME DETENTION PROGRAMS APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, shall be subject to reimbursement by the state upon
approval by the [division] OFFICE in accordance with its regulations, as
follows:
(1) the full amount expended by the district for care, maintenance and
supervision of state charges;
(2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law;
(3) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR SUPERVISION OF AND
PROVISION OF SERVICES TO STATE CHARGES IN HOME DETENTION PROGRAMS;
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(4) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE SUPERVISION OF AND
PROVISION OF SERVICES TO LOCAL CHARGES IN HOME DETENTION PROGRAMS WHERE
COUNTIES CONFORM WITH REQUIREMENTS OF SUBDIVISION B OF SECTION TWO
HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
S 5. Subdivision 4 of section 530 of the executive law, as amended by
chapter 880 of the laws of 1976, paragraph (a) as amended by chapter 419
of the laws of 1987 and paragraph (c) as added by chapter 169 of the
laws of 1994, is amended to read as follows:
4. (a) The social services districts must notify the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid received
under other state aid formulas BY EACH HOME DETENTION PROGRAM WHICH IS
PROVIDING SUPERVISION AND SERVICES FOR WHICH THE DISTRICT IS SEEKING
REIMBURSEMENT PURSUANT TO THIS SECTION, AND by each detention facility,
and, in the city of New York, by each foster care facility which is
providing care, maintenance and supervision for which the district is
seeking reimbursement pursuant to this section, including but not limit-
ed to, aid for education, probation and mental health services.
(b) In computing reimbursement to the social services districts pursu-
ant to this section, the [division] OFFICE shall insure that the aggre-
gate of state aid under all state aid formulas shall not exceed fifty
percent of the cost of care, maintenance and supervision provided detai-
nees IN SECURE AND NONSECURE DETENTION FACILITIES, OR FIFTY PERCENT OF
THE COST OF SUPERVISION OF AND PROVISION OF SERVICES PROVIDED TO DETAI-
NEES IN HOME DETENTION PROGRAMS, exclusive of federal aid for such
purposes.
(c) Reimbursement for administrative related expenditures as defined
by the [director of the division for youth] COMMISSIONER OF 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 expenditures for facili-
ties with less than twenty-five beds.
S 6. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
of the executive law, as amended by chapter 920 of the laws of 1982, is
amended to read as follows:
(1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties certified pursuant to sections seven hundred twenty-four and 305.2
of the family court act by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, AND IN HOME DETENTION PROGRAMS APPROVED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES, pending adjudication of alleged
delinquency or alleged need of supervision by the family court, or pend-
ing 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 criminal court if the person named
therein as principal is under sixteen; or,
S 7. Section 530 of the executive law is amended by adding a new
subdivision 10 to read as follows:
10. SUPERVISION AND PROVISION OF SERVICES FOR THE PURPOSES OF THIS
SECTION SHALL MEAN AND INCLUDE ONLY TEMPORARY SUPERVISION OF AND
PROVISION OF SERVICES TO ALLEGED JUVENILE DELINQUENTS IN HOME DETENTION
PROGRAMS APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING
ADJUDICATION OF ALLEGED DELINQUENCY BY THE FAMILY COURT, OR PENDING
TRANSFER TO INSTITUTIONS TO WHICH YOUTHS HAVE BEEN PLACED BY SUCH COURT,
OR WHILE AWAITING DISPOSITION BY SUCH COURT AFTER ADJUDICATION.
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S 8. The opening paragraph of subdivision A of section 218-a of the
county law, as amended by chapter 465 of the laws of 1992, is amended to
read as follows:
To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties AND IN HOME DETENTION PROGRAMS, as defined in section five hundred
two of the executive law and the regulations of the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, will be available when required
for the temporary care, maintenance and security of alleged and
convicted juvenile offenders, alleged and adjudicated juvenile delin-
quents and alleged and adjudicated persons in need of supervision. Such
regulations shall not require any county to provide temporary care in a
secure detention facility for residents of any other county except upon
a space available basis. The county executive, if there be one, other-
wise the board of supervisors shall designate the agency of county
government responsible for the administration of the county juvenile
detention program and shall so advise the [New York state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES, and may make provisions
therefor as follows:
S 9. Subdivision 3 of section 301.2 of the family court act, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
3. "Detention" means the temporary care and maintenance of children
away from their own homes AND THE TEMPORARY SUPERVISION OF AND
PROVISIONS OF SERVICES TO CHILDREN HELD IN A HOME DETENTION PROGRAM, as
defined in section five hundred two of the executive law AND SUBDIVISION
EIGHTEEN OF THIS SECTION. Detention of a person alleged to be or adju-
dicated as a juvenile delinquent shall be authorized only in a facility
certified AS A DETENTION FACILITY, OR IN A HOME DETENTION PROGRAM
APPROVED by the [division for youth as a detention facility] OFFICE OF
CHILDREN AND FAMILY SERVICES pursuant to section five hundred three of
the executive law.
S 10. Section 301.2 of the family court act is amended by adding a new
subdivision 18 to read as follows:
18. "HOME DETENTION PROGRAM" MEANS THE TEMPORARY SUPERVISION OF AND
PROVISION OF SERVICES TO CHILDREN AS DEFINED IN SECTION FIVE HUNDRED TWO
OF THE EXECUTIVE LAW.
S 11. Section 304.1 of the family court act is amended by adding a new
subdivision 5 to read as follows:
5. WHERE A CHILD IS IN DETENTION, THE COURT MAY ORDER THE CHILD
DETAINED IN A HOME DETENTION PROGRAM, PURSUANT TO SUBDIVISION THREE OF
SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW, UPON THE RECOMMENDATION
OF THE GOVERNMENT AGENCY ADMINISTERING JUVENILE DETENTION OR THE AGENCY
OPERATING THE HOME DETENTION PROGRAM.
S 12. Subdivisions 1 and 2 of section 350.1 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983 and subdi-
vision 2 as amended by chapter 926 of the laws of 1982, are amended to
read as follows:
1. If the respondent is detained and has not been found to have
committed a designated felony act the dispositional hearing shall
commence not more than ten days after the entry of an order pursuant to
subdivision one of section 345.1 OF THIS ARTICLE, except as provided in
[subdivision] SUBDIVISIONS three AND FOUR OF THIS SECTION.
2. In all other cases, the dispositional hearing shall commence not
more than fifty days after entry of an order pursuant to subdivision one
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of section 345.1 OF THIS ARTICLE, except as provided in [subdivision]
SUBDIVISIONS three AND FOUR OF THIS SECTION.
S 13. Section 350.1 of the family court act is amended by adding a new
subdivision 6 to read as follows:
6. IF THE RESPONDENT IS DETAINED PURSUANT TO SECTION 301.2 OF THIS
ARTICLE IN A HOME DETENTION PROGRAM, THE DISPOSITIONAL HEARING SHALL
COMMENCE NOT MORE THAN TWENTY DAYS AFTER ENTRY OF AN ORDER PURSUANT TO
SUBDIVISION ONE OF SECTION 345.1 OF THIS ARTICLE, EXCEPT AS PROVIDED IN
SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
S 14. Subdivision (b) of section 712 of the family court act, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
(b) "Detention". The temporary care and maintenance of children [away
from their own homes] as defined in section five hundred two of the
executive law.
S 15. Section 712 of the family court act is amended by adding a new
subdivision (j) to read as follows:
(J) "HOME DETENTION PROGRAM". THE TEMPORARY SUPERVISION OF AND
PROVISION OF SERVICES TO CHILDREN AS DEFINED IN SECTION FIVE HUNDRED TWO
OF THE EXECUTIVE LAW.
S 16. Subdivision 3 of section 720 of the family court act, as amended
by chapter 419 of the laws of 1987, is amended to read as follows:
3. Detention of a person alleged to be or adjudicated as a person in
need of supervision shall be authorized only in a detention facility
certified OR A HOME DETENTION PROGRAM APPROVED by the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES except as provided in
subdivision four of this section.
S 17. Subdivision 12 of section 153 of the social services law, as
amended by section 13 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
12. Expenditures made by a social services district for the detention
in foster care facilities AND HOME DETENTION PROGRAMS of a person
alleged to be or adjudicated as a person in need of supervision, pursu-
ant to article seven of the family court act, shall be subject to
reimbursement by the state in accordance with the provisions of section
five hundred thirty of the executive law. The care of such person shall
not be required to comply with the requirements of sections four hundred
nine-e and four hundred nine-f of this chapter.
S 18. Subdivision 12 of section 153 of the social services law, as
added by chapter 419 of the laws of 1987, is amended to read as follows:
12. Expenditures made by a social services district for the detention
in foster care facilities AND HOME DETENTION PROGRAMS of a person
alleged to be or adjudicated as a person in need of supervision, pursu-
ant to article seven of the family court act, shall be subject to
reimbursement by the state in accordance with the provisions of section
five hundred thirty of the executive law. The care of such person shall
not be required to comply with the requirements of sections four hundred
nine-e and four hundred nine-f[, nor be subject to the provisions of
section one hundred fifty-three-d or three hundred ninety-eight-b] of
this chapter.
S 19. Section 677 of the New York city charter is amended by adding a
new subdivision b-1 to read as follows:
B-1. ESTABLISH, INITIATE, CONTROL, MAINTAIN AND OPERATE HOME DETENTION
PROGRAMS FOR THE SUPERVISION OF AND PROVISION OF SERVICES TO CHILDREN
ALLEGED TO BE OR ADJUDICATED AS JUVENILE DELINQUENTS IN DETENTION AS
DEFINED IN SECTION FIVE HUNDRED TWO OF THE EXECUTIVE LAW,
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S 20. This act shall take effect immediately; provided, however, that
the amendments to subdivision 12 of section 153 of the social services
law made by section seventeen of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 28 of part
C of chapter 83 of the laws of 2002, as amended, when upon such date the
provisions of section eighteen of this act shall take effect.