Senate Bill S5378

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

    S. 5378                                                  A. 7872

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 27, 2009
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. SCARBOROUGH,  BRADLEY,  CAMARA  --
  read once and referred to the Committee on Children and Families

AN  ACT to amend the executive law, the state finance law and the family
  court act, in relation to alternative-to-detention programs for  juve-
  niles;  and to repeal certain provisions of the executive law relating
  thereto

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

  Section  1.  Legislative  intent.  The legislature finds that New York
state could simultaneously realize significant fiscal savings and  posi-
tively  impact the lives of court-involved children by encouraging coun-
ties to expand access to alternative-to-detention programs and  alterna-
tive-to-placement   programs.   Average  costs  per  bed  for  pre-trial
detention range from $150,000 outside of New York city and over $200,000
inside New York city. The cost to incarcerate a child in  an  office  of
children and family services placement is approximately $150,000 a year.
These  expenditures  have  yielded  dismal  results  as evidenced by the
forty-six percent re-admission rate within one year  for  youth  in  the
custody  of  the  New  York  city department of juvenile justice and the
seventy-six percent recidivism rate for youth released from  the  office
of children and family services facilities.
  Currently,  counties  throughout  the  state  receive  a fifty percent
reimbursement for the costs of detaining  a  youth  pre-trial.  However,
there  is  no similar fiscal arrangement for counties choosing to imple-
ment alternatives-to-detention and placement for juveniles. There exists
significant purpose and public interest in  the  expansion  of  alterna-
tive-to-placement  that reduce youth recidivism, provide meaningful life

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11390-02-9
              

S. 5378                             2                            A. 7872

interventions, and drastically reduce the costs associated  with  incar-
cerating  juveniles.  A  sixty-five percent reimbursement rate for youth
diverted into alternative programs would encourage the statewide  expan-
sion  of  such programs. The reimbursement plan would also help counties
build and maintain a community-based and  results-proven  infrastructure
that  works  toward  the positive support of youth and the prevention of
juvenile delinquency. Sixty percent of the funds  saved  in  the  fiscal
year  2009-2010  budget should be redirected to cover the start-up funds
necessary to implement Re-Direct New York.
  S 2. Subdivisions 2 and 2-a of section 530 of the  executive  law  are
REPEALED and a new subdivision 2 is added to read as follows:
  2. (A) EACH COUNTY, AND THE CITY OF NEW YORK, SHALL PREPARE AND SUBMIT
A  COMPREHENSIVE  DETENTION  PLAN  TO  THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, AFTER CONSULTATION  WITH  THE  PERSONS  OR
AGENCY  REPRESENTATIVES,  OR THEIR DESIGNEES: THE DIRECTOR OF THE SOCIAL
SERVICES DISTRICT, THE COUNTY DIRECTOR OR COMMISSIONER OF PROBATION, THE
FAMILY COURT JUDGE, THE DIRECTOR OR COMMISSIONER OF THE COUNTY DETENTION
AGENCY, A REPRESENTATIVE FROM THE COUNTY ATTORNEY OR  CORPORATION  COUN-
SEL'S  OFFICE,  A REPRESENTATIVE FROM THE LAW GUARDIAN'S OFFICE OR OTHER
LEGAL SERVICES PROVIDER, A  REPRESENTATIVE  FROM  THE  YOUTH  BUREAU,  A
REPRESENTATIVE  OF THE POLICE DEPARTMENT AND AT LEAST ONE REPRESENTATIVE
FROM A COMMUNITY-BASED ORGANIZATION WORKING WITH  COURT-INVOLVED  YOUTH.
THIS  PLAN SHALL DESCRIBE THE COUNTY'S THREE-YEAR PLAN TO REDUCE ITS USE
OF SECURE  AND  NON-SECURE  DETENTION  FACILITIES  AND  POST-DISPOSITION
PLACEMENTS.    COMMENCING  THE  YEAR  FOLLOWING  THE  PREPARATION  OF  A
THREE-YEAR COMPREHENSIVE DETENTION PLAN, EACH COUNTY SHALL PREPARE ANNU-
AL IMPLEMENTATION REPORTS. THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
SHALL  REVIEW AND APPROVE OR DISAPPROVE THE PROPOSED PLAN AND REPORTS IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN PARAGRAPH (F) OF THIS SUBDI-
VISION.
  THE GOAL OF EACH COUNTY AND NEW YORK  CITY'S  COMPREHENSIVE  DETENTION
PLAN  SHALL  BE  TO  REDUCE  THE  USE OF SECURE AND NON-SECURE DETENTION
FACILITIES AND POST-DISPOSITION PLACEMENTS  AS  MEASURED  BY  DECREASING
DAILY  POPULATIONS  AND/OR  ADMISSIONS  TO DETENTION AND PLACEMENT. EACH
LOCALITY'S PLAN SHALL DETAIL CRITERIA AND SCREENING TOOLS USED TO DETER-
MINE YOUTH ELIGIBILITY FOR REFERRAL TO AN ALTERNATIVE PROGRAM.  PORTIONS
OF THE SAVINGS REALIZED AND REIMBURSEMENTS RECEIVED FOR THE  IMPLEMENTA-
TION  OF  ALTERNATIVE PROGRAMS SHOULD BE RE-INVESTED WITHIN THE LOCALITY
TO MAINTAIN AND BUILD UPON THE USE  OF  COMMUNITY-BASED,  RESULTS-PROVEN
ALTERNATIVES-TO-DETENTION AND INCARCERATION AND TO EXPLORE AND IMPLEMENT
EARLY-PREVENTION  PLANNING. EACH LOCALITIES COMPREHENSIVE DETENTION PLAN
SHALL DETAIL THE DECISION MAKING PROCESS FOR  THE  ALLOCATION  OF  SAVED
FUNDS  TO BE REINVESTED IN ALTERNATIVES-TO-DETENTION AND ALTERNATIVE-TO-
PLACEMENT PROGRAMS.
  (B) EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS,  AND/OR  PROBATION
DEPARTMENTS,  IN PROVIDING CARE, MAINTENANCE AND SUPERVISION TO YOUTH IN
SECURE  AND  NON-SECURE  DETENTION  FACILITIES  DESIGNATED  PURSUANT  TO
SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF THE FAMILY COURT ACT AND
CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, SHALL BE
SUBJECT TO REIMBURSEMENT BY THE  STATE  IN  ACCORDANCE  WITH  ITS  REGU-
LATIONS, AS FOLLOWS:
  (I)  THE  FULL  PER  DIEM RATE SET BY THE STATE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR SUCH PROGRAMS FOR THE CARE, MAINTENANCE  AND  SUPER-
VISION OF STATE CHARGES;

S. 5378                             3                            A. 7872

  (II)  FIFTY  PERCENT  OF  THE PER DIEM RATE SET BY THE STATE OFFICE OF
CHILDREN AND FAMILY SERVICES FOR SUCH PROGRAMS FOR THE CARE, MAINTENANCE
AND SUPERVISION OF LOCAL CHARGES; AND
  (III)  SUBJECT  TO APPROVAL OF THE COMPREHENSIVE DETENTION PLAN SPECI-
FIED  IN  THIS  SUBDIVISION,  EXPENDITURES  MADE  BY   SOCIAL   SERVICES
DISTRICTS,  AND/OR  PROBATION DEPARTMENTS, IN PLANNING FOR AND PROVIDING
ALTERNATIVE-TO-DETENTION AND ALTERNATIVE-TO-INCARCERATION PROGRAMS OPER-
ATED BY COMMUNITY-BASED, NOT-FOR-PROFIT  ORGANIZATIONS  SHALL  BE  REIM-
BURSED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES AT SIXTY-FIVE
PERCENT OF THE PER DIEM RATE SET BY THE OFFICE OF  CHILDREN  AND  FAMILY
SERVICES.
  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  PARAGRAPH,  SECTION  THREE
HUNDRED NINETY-EIGHT-A OF THE SOCIAL SERVICES LAW  SHALL  NOT  APPLY  TO
FACILITIES  CERTIFIED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES
PURSUANT TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
  (C) EXPENDITURES MADE BY SOCIAL SERVICES  DISTRICTS  AND/OR  PROBATION
DEPARTMENTS,  IN PROVIDING CARE, MAINTENANCE AND SUPERVISION TO YOUTH IN
ALTERNATIVE-TO-DETENTION PROGRAMS CERTIFIED BY THE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES, SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE IN
ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
  (I) UP TO SIXTY-FIVE PERCENT OF THE PER DIEM RATE  SET  BY  THE  STATE
OFFICE  OF  CHILDREN AND FAMILY SERVICES FOR SUCH PROGRAMS FOR THE CARE,
MAINTENANCE AND SUPERVISION OF LOCAL CHARGES IN STATE  FISCAL  YEAR  TWO
THOUSAND NINE--TWO THOUSAND TEN;
  (II) SUBJECT TO APPROVAL OF THE COMPREHENSIVE DETENTION PLAN SPECIFIED
IN  THIS  SUBDIVISION,  EXPENDITURES  MADE BY SOCIAL SERVICES DISTRICTS,
AND/OR PROBATION DEPARTMENTS, IN PLANNING  FOR  AND  PROVIDING  ALTERNA-
TIVE-TO-DETENTION  PROGRAMS  OPERATED BY COMMUNITY-BASED, NOT-FOR-PROFIT
ORGANIZATIONS SHALL BE REIMBURSED BY THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES AT SIXTY-FIVE PERCENT OF THE PER DIEM RATE SET BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
  (D)  TO  QUALIFY FOR THE SIXTY-FIVE PERCENT REIMBURSEMENT THE LOCALITY
MUST EVIDENCE A TWENTY-FIVE PERCENT  REDUCTION  IN  DETENTION  USAGE  AS
MEASURED  BY  A  DECREASE IN THE AVERAGE DAILY DETENTION POPULATION OR A
DECREASE IN RATES OF ADMISSION TO DETENTION. THE RATE OF REDUCTION SHALL
BE MEASURED FROM THE AVERAGE DAILY DETENTION  POPULATION  AND  RATES  OF
ADMISSION TO DETENTION AS OF JULY FIRST, TWO THOUSAND SEVEN. TO CONTINUE
RECEIVING  THE  REDUCTION  REIMBURSEMENT, THE LOCALITY'S DETENTION POPU-
LATION OR ADMISSION RATE (WHICHEVER WAS THE  INITIAL  MEASUREMENT  TOOL)
SHALL NOT RISE MORE THAN FIVE PERCENT ABOVE THE REIMBURSEMENT QUALIFYING
THRESHOLD.  IN  THE  EVENT THAT A LOCALITY'S AVERAGE DAILY POPULATION OR
RATES OF ADMISSION SHOULD RISE  ABOVE  THE  QUALIFYING  THRESHOLD,  THAT
LOCALITY  SHALL ASSUME FULL COSTS FOR THE IMPLEMENTATION AND MAINTENANCE
OF ITS ALTERNATIVE-TO-DETENTION PROGRAMS.
  (E) (I) IN ITS COMPREHENSIVE DETENTION PLAN, EACH COUNTY AND NEW  YORK
CITY  SHALL  DETAIL  ITS  SCREENING AND ASSESSMENT TOOLS FOR DETERMINING
ALTERNATIVE PROGRAM REFERRAL  ELIGIBILITY.  EACH  PROGRAM  SHALL  REPORT
ANNUALLY  THE  TOTAL NUMBER OF YOUTH REFERRALS RECEIVED, NUMBER OF YOUTH
REFERRALS ACCEPTED, NUMBER OF YOUTH REFERRALS REJECTED, THE OFFENSES  OF
YOUTH  REJECTED, THE OFFENSES OF YOUTH ACCEPTED, AND THE NUMBER OF YOUTH
REJECTED DUE TO MENTAL HEALTH NEEDS. THIS DATA SHALL ALSO BE CATEGORIZED
BY RACE/ETHNICITY AND GENDER.
  (II) THE FUNDED ALTERNATIVE TO DETENTION AND ALTERNATIVE TO  PLACEMENT
PROGRAMS SHALL REPORT TO ITS FUNDING ENTITY THE FOLLOWING DATA, CATEGOR-
IZED BY AGE, RACE, AND OFFENSE TO THE EXTENT POSSIBLE:
  (A) NUMBER OF YOUTH REFERRED TO PROGRAM;

S. 5378                             4                            A. 7872

  (B) NUMBER OF YOUTH COMPLETING PROGRAM;
  (C) NUMBER OF YOUTH VIOLATED FOR NON-COMPLIANCE;
  (D) RATES OF SCHOOL ATTENDANCE FOR YOUTH IN THE PROGRAM;
  (E) YOUTH TO STAFF RATIO FOR EACH STAFF CATEGORY (CLINICAL, COMPLIANCE
MONITORS, LINE STAFF);
  (F)  NUMBER  OF  REFERRALS  GIVEN  FOR  ADDITIONAL ASSISTANCE REQUESTS
(E.G., FAMILY ASSISTANCE, COUNSELING, HOUSING);
  (G) NUMBER OF YOUTH ARRESTED WHILE IN PROGRAM AND/OR WITHIN  ONE  YEAR
OF COMPLETING PROGRAM;
  (H) DESCRIPTION OF VIOLATION PROCESS; AND
  (I)  DESCRIPTION  OF  EDUCATIONAL  AND  OTHER  INFORMATION PROVIDED TO
YOUTH.
  (III) THE INFORMATION REQUIRED IN SUBPARAGRAPHS (I) AND (II)  OF  THIS
PARAGRAPH  SHALL  BE  REPORTED  ANNUALLY TO THE SOCIAL SERVICES DISTRICT
AND/OR PROBATION DEPARTMENT. THE ANNUAL REPORT SHALL LIST THIS  DATA  IN
QUARTERLY INTERVALS.
  (F)  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL ENSURE THAT
SOCIAL SERVICES DISTRICTS AND/OR  PROBATION  DEPARTMENTS  ARE  REFERRING
YOUTH  TO  COMMUNITY-BASED ORGANIZATIONS PROVIDING CULTURALLY COMPETENT,
EVIDENCED BASED AND POSITIVE YOUTH DEVELOPMENT PROGRAMMING, WITH LIMITED
EXCEPTION.   FUNDED   COMMUNITY-BASED   ORGANIZATIONS   SHOULD   UTILIZE
STRENGTH-BASED  APPROACHES THAT PROVIDE YOUTH WITH SKILL SETS AND OPPOR-
TUNITIES FOR ACHIEVEMENT. THE  ORGANIZATIONS  SHOULD  ALSO  BE  ABLE  TO
PROVIDE LONG-TERM SUPPORT WITHIN THE YOUTH'S COMMUNITY.
  (I)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL, IN COOPERATION
WITH THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE OFFICE
OF MENTAL HEALTH, AND THE OFFICES  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
SERVICES;  REVIEW  THE INTERVENTION AND PREVENTION PROGRAM MODELS FUNDED
BY THE SOCIAL SERVICES DISTRICTS AND/OR PROBATION DEPARTMENTS AND  GRANT
EACH  PROGRAM  ONE  OF  THE  FOLLOWING CLASSIFICATIONS: EVIDENCED BASED,
PROMISING, DILIGENTLY WORKING TO COLLECT EVIDENCE, OR NONE OF THE ABOVE.
  (A) THE TERM "EVIDENCE BASED" MEANS A  PROGRAM  THAT  IS  DEMONSTRATED
WITH RELATIVE EVIDENCE, NORMED AND VALIDATED FOR THE DIVERSE POPULATION,
TO BE EITHER:
  (1)  EXEMPLARY,  SUCH  THAT  IT  IS  IMPLEMENTED WITH A HIGH DEGREE OF
FIDELITY AND DEMONSTRATES ROBUST EMPIRICAL FINDINGS  USING  A  REPUTABLE
CONCEPTUAL  FRAMEWORK AND AN EXPERIMENTAL EVALUATION DESIGN OF THE HIGH-
EST QUALITY (A RANDOM ASSIGNMENT CONTROL TRIAL); OR
  (2) EFFECTIVE, SUCH THAT IT IS IMPLEMENTED  WITH  SUFFICIENT  FIDELITY
THAT IT DEMONSTRATES ADEQUATE EMPIRICAL FINDINGS USING A SOUND CONCEPTU-
AL  FRAMEWORK AND A QUASI-EXPERIMENTAL EVALUATION DESIGN OF HIGH QUALITY
(COMPARISON GROUP WITHOUT RANDOM ASSIGNMENT CONTROL GROUP).
  (B) THE TERM "PROMISING" MEANS A PROGRAM THAT DEMONSTRATES  EFFECTIVE-
NESS  USING  REASONABLE,  LIMITED FINDINGS, AND THAT HAS UNDERWAY A MORE
APPROPRIATE EVALUATION THAT MEETS THE CRITERIA SET FORTH IN  CLAUSE  (A)
OF THIS SUBPARAGRAPH FOR DETERMINING EVIDENCE-BASED PROGRAMS.
  (C) "DILIGENTLY WORKING TO COLLECT EVIDENCE" SHALL APPLY TO ANY EXIST-
ING  OR  NEWLY  FORMED  PROGRAM THAT IS COLLECTING DATA TO ESTABLISH THE
NECESSARY QUALIFICATIONS  FOR  CLASSIFICATION  AS  "EVIDENCE  BASED"  OR
"PROMISING".
  (D)  "NONE  OF  THE  ABOVE"  SHALL  BE APPLIED TO PROGRAMS THAT DO NOT
EVIDENCE A DETERRENT EFFECT AND DO NOT COLLECT, ANALYZE, AND/OR  PUBLISH
ANY CLIENT OUTCOME DATA.
  (II)  SOCIAL  SERVICES  DISTRICTS  AND/OR  PROBATION SHALL UTILIZE THE
FOLLOWING FUND ALLOCATION PRIORITIZATION:
  (A) EVIDENCE-BASED PROGRAMS ARE FIRST PRIORITY FOR FUNDING;

S. 5378                             5                            A. 7872

  (B) PROMISING PROGRAMS SHALL BE FUNDED WHEN NO HIGHER CATEGORY PROGRAM
EXISTS TO ADDRESS AN ISSUE;
  (C)  "DILIGENTLY  WORKING  TO COLLECT EVIDENCE" PROGRAMS MAY BE FUNDED
WHEN NO HIGHER CATEGORY PROGRAM EXISTS TO ADDRESS AN ISSUE; AND
  (D) ANY PROGRAM NOT ELIGIBLE FOR ANY OF  THESE  CLASSIFICATIONS  SHALL
NOT BE FUNDED USING THIS FUNDING STREAM.
  (III)  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES SHALL REVIEW THE
PROGRAM MODELS AND  ASSESS  CLASSIFICATIONS  ANNUALLY  AND  PUBLISH  THE
RESULTS OF THIS REVIEW.
  (IV)  FIFTY  PERCENT  OF  ALL  REIMBURSEMENTS  MADE BY SOCIAL SERVICES
DISTRICTS FOR CARE, MAINTENANCE AND SUPERVISION UNDER THIS SECTION SHALL
BE PAID DIRECTLY TO THE STATE THROUGH THE OFFICE OF CHILDREN AND  FAMILY
SERVICES  FOR DEPOSIT INTO A MISCELLANEOUS SPECIAL REVENUE FUND KNOWN AS
THE ALTERNATIVE-TO-DETENTION PROGRAM PER DIEM ACCOUNT.
  S 3. Section 529 of the executive law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  EACH  COUNTY, AND THE CITY OF NEW YORK, SHALL PREPARE AND SUBMIT A
COMPREHENSIVE DETENTION PLAN TO THE COMMISSIONER OF THE OFFICE OF  CHIL-
DREN  AND FAMILY SERVICES, AFTER CONSULTATION WITH THE PERSONS OR AGENCY
REPRESENTATIVES, OR THEIR DESIGNEES: THE DIRECTOR OF THE SOCIAL SERVICES
DISTRICT, THE COUNTY DIRECTOR OR COMMISSIONER OF PROBATION,  THE  FAMILY
COURT  JUDGE, THE DIRECTOR OR COMMISSIONER OF THE COUNTY DETENTION AGEN-
CY, A REPRESENTATIVE FROM THE COUNTY ATTORNEY OR  CORPORATION  COUNSEL'S
OFFICE,  A  REPRESENTATIVE FROM THE LAW GUARDIAN'S OFFICE OR OTHER LEGAL
SERVICES PROVIDER, A REPRESENTATIVE FROM THE YOUTH BUREAU,  A  REPRESEN-
TATIVE  OF  THE POLICE DEPARTMENT AND AT LEAST ONE REPRESENTATIVE FROM A
COMMUNITY-BASED ORGANIZATION WORKING  WITH  COURT-INVOLVED  YOUTH.  THIS
PLAN  SHALL  DESCRIBE  THE COUNTY'S THREE-YEAR PLAN TO REDUCE ITS USE OF
SECURE AND NON-SECURE DETENTION FACILITIES AND  POST-DISPOSITION  PLACE-
MENTS.    COMMENCING  THE YEAR FOLLOWING THE PREPARATION OF A THREE-YEAR
COMPREHENSIVE DETENTION PLAN, EACH COUNTY SHALL PREPARE ANNUAL IMPLEMEN-
TATION REPORTS. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  REVIEW
AND  APPROVE  OR  DISAPPROVE THE PROPOSED PLAN AND REPORTS IN ACCORDANCE
WITH THE PROCEDURES SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION.
  THE GOAL OF EACH COUNTY AND NEW YORK  CITY'S  COMPREHENSIVE  DETENTION
PLAN  SHALL  BE  TO  REDUCE  THE  USE OF SECURE AND NON-SECURE DETENTION
FACILITIES AND POST-DISPOSITION PLACEMENTS  AS  MEASURED  BY  DECREASING
DAILY  POPULATIONS  AND/OR  ADMISSIONS  TO DETENTION AND PLACEMENT. EACH
LOCALITY'S PLAN SHALL DETAIL CRITERIA AND SCREENING TOOLS USED TO DETER-
MINE YOUTH ELIGIBILITY FOR REFERRAL TO AN ALTERNATIVE PROGRAM.  PORTIONS
OF THE SAVINGS REALIZED AND REIMBURSEMENTS RECEIVED FOR THE  IMPLEMENTA-
TION  FOR ALTERNATIVE PROGRAMS SHOULD BE RE-INVESTED WITHIN THE LOCALITY
TO MAINTAIN AND BUILD UPON THE USE  OF  COMMUNITY-BASED,  RESULTS-PROVEN
ALTERNATIVES TO DETENTION AND INCARCERATION AND TO EXPLORE AND IMPLEMENT
EARLY-PREVENTION  PLANNING. EACH LOCALITY'S COMPREHENSIVE DETENTION PLAN
SHALL DETAIL THE DECISION MAKING PROCESS FOR  THE  ALLOCATION  OF  SAVED
FUNDS  TO BE REINVESTED IN ALTERNATIVES-TO-DETENTION AND ALTERNATIVE-TO-
PLACEMENT PROGRAMS.
  (A) EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS, AND/OR DEPARTMENTS
OF PROBATION IN PROVIDING CARE, MAINTENANCE  AND  SUPERVISION  TO  YOUTH
ASSIGNED  TO  COMMUNITY-BASED, NOT-FOR-PROFIT, POST-DISPOSITION ALTERNA-
TIVES-TO-PLACEMENT OR REFERRED PURSUANT TO PARAGRAPH (F) OF  SUBDIVISION
ONE  OF  SECTION  352.2  OF  THE FAMILY COURT ACT, INCLUDING ALLEGED AND
ADJUDICATED JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION, AND
JUVENILE OFFENDERS COMMITTED PURSUANT TO SECTION 70.05 OF THE PENAL LAW,
SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE IN  ACCORDANCE  WITH  ITS

S. 5378                             6                            A. 7872

REGULATIONS,  AS  FOLLOWS: SIXTY-FIVE PERCENT OF THE AMOUNT EXPENDED FOR
CARE, MAINTENANCE AND SUPERVISION OF LOCAL  CHARGES  INCLUDING  JUVENILE
OFFENDERS.
  (B)  TO  QUALIFY FOR THE SIXTY-FIVE PERCENT REIMBURSEMENT THE LOCALITY
MUST EVIDENCE A TWENTY-FIVE PERCENT REDUCTION IN THE RATE OF  ADMISSIONS
TO  STATE  JUVENILE PLACEMENT FACILITIES. THE RATE OF REDUCTION SHALL BE
MEASURED FROM THE LOCALITY'S AVERAGE RATE OF ADMISSION TO STATE JUVENILE
PLACEMENT FACILITIES AS OF JULY FIRST, TWO THOUSAND SEVEN.  TO  CONTINUE
RECEIVING  THE  REDUCTION  REIMBURSEMENT,  THE LOCALITY'S ADMISSION RATE
(WHICHEVER WAS THE INITIAL MEASUREMENT BASE) SHALL NOT  RISE  MORE  THAN
FIVE  PERCENT ABOVE THE REIMBURSEMENT QUALIFYING THRESHOLD. IN THE EVENT
THAT A LOCALITY'S RATE OF ADMISSION RISES MORE THAN FIVE  PERCENT  ABOVE
THE  QUALIFYING THRESHOLD, THAT LOCALITY SHALL ASSUME FULL COSTS FOR THE
IMPLEMENTATION AND MAINTENANCE OF ITS ALTERNATIVE-TO-PLACEMENT PROGRAMS.
  (C)(1) IN ITS COMPREHENSIVE DETENTION PLAN, EACH COUNTY AND  NEW  YORK
CITY  SHALL  DETAIL  ITS  SCREENING AND ASSESSMENT TOOLS FOR DETERMINING
ALTERNATIVE PROGRAM REFERRAL  ELIGIBILITY.  EACH  PROGRAM  SHALL  REPORT
ANNUALLY  THE  TOTAL NUMBER OF YOUTH REFERRALS RECEIVED, NUMBER OF YOUTH
REFERRALS ACCEPTED, NUMBER OF YOUTH REFERRALS REJECTED, THE OFFENSES  OF
YOUTH REJECTED, AND THE OFFENSES OF YOUTH ACCEPTED. THIS DATA SHALL ALSO
BE CATEGORIZED BY RACE/ETHNICITY AND GENDER.
  (2)  THE  FUNDED ALTERNATIVE TO DETENTION AND ALTERNATIVE TO PLACEMENT
PROGRAMS SHALL REPORT TO ITS FUNDING ENTITY THE FOLLOWING DATA, CATEGOR-
IZED BY AGE, RACE, AND OFFENSE TO THE EXTENT POSSIBLE:
  (I) NUMBER OF YOUTH REFERRED TO PROGRAM;
  (II) NUMBER OF YOUTH COMPLETING PROGRAM;
  (III) NUMBER OF YOUTH VIOLATED FOR NON-COMPLIANCE;
  (IV) RATES OF SCHOOL ATTENDANCE FOR YOUTH IN THE PROGRAM;
  (V) YOUTH TO STAFF RATIO FOR EACH STAFF CATEGORY (CLINICAL, COMPLIANCE
MONITORS, LINE STAFF);
  (VI) NUMBER OF REFERRALS  GIVEN  FOR  ADDITIONAL  ASSISTANCE  REQUESTS
(E.G., FAMILY ASSISTANCE, COUNSELING, HOUSING);
  (VII) NUMBER OF YOUTH ARRESTED WHILE IN PROGRAM AND/OR WITHIN ONE YEAR
OF COMPLETING PROGRAM;
  (VIII) DESCRIPTION OF VIOLATION PROCESS; AND
  (IX)  DESCRIPTION  OF  EDUCATIONAL  AND  OTHER INFORMATION PROVIDED TO
YOUTH.
  (3) THE INFORMATION REQUIRED IN SUBPARAGRAPHS  ONE  AND  TWO  OF  THIS
PARAGRAPH  SHALL  BE  REPORTED  ANNUALLY TO THE SOCIAL SERVICES DISTRICT
AND/OR PROBATION DEPARTMENT. THE ANNUAL REPORT SHALL LIST THIS  DATA  IN
QUARTERLY INTERVALS.
  (D)  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL ENSURE THAT
SOCIAL SERVICES DISTRICTS AND/OR  PROBATION  DEPARTMENTS  ARE  REFERRING
YOUTH  TO  COMMUNITY-BASED ORGANIZATIONS PROVIDING CULTURALLY COMPETENT,
EVIDENCE BASED AND POSITIVE YOUTH DEVELOPMENT PROGRAMMING, WITH  LIMITED
EXCEPTION.   FUNDED   COMMUNITY-BASED   ORGANIZATIONS   SHOULD   UTILIZE
STRENGTH-BASED APPROACHES THAT PROVIDE YOUTH WITH SKILL SETS AND  OPPOR-
TUNITIES  FOR  ACHIEVEMENT.    THE  ORGANIZATIONS SHOULD ALSO BE ABLE TO
PROVIDE LONG-TERM SUPPORT WITHIN THE YOUTH'S COMMUNITY.
  (1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL,  IN  COOPERATION
WITH THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE OFFICE
OF  MENTAL  HEALTH,  AND  THE  OFFICES OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES; REVIEW THE INTERVENTION AND PREVENTION PROGRAM  MODELS  FUNDED
BY  THE SOCIAL SERVICES DISTRICTS AND/OR PROBATION DEPARTMENTS AND GRANT
EACH PROGRAM ONE OF THE FOLLOWING  CLASSIFICATIONS:    EVIDENCED  BASED,
PROMISING, DILIGENTLY WORKING TO COLLECT EVIDENCE, OR NONE OF THE ABOVE.

S. 5378                             7                            A. 7872

  (A)  THE  TERM  "EVIDENCE  BASED" MEANS A PROGRAM THAT IS DEMONSTRATED
WITH RELATIVE EVIDENCE, NORMED AND VALIDATED FOR A  DIVERSE  POPULATION,
TO BE EITHER:
  (I)  EXEMPLARY,  SUCH  THAT  IT  IS  IMPLEMENTED WITH A HIGH DEGREE OF
FIDELITY AND DEMONSTRATES ROBUST EMPIRICAL FINDINGS  USING  A  REPUTABLE
CONCEPTUAL  FRAMEWORK AND AN EXPERIMENTAL EVALUATION DESIGN OF THE HIGH-
EST QUALITY (A RANDOM ASSIGNMENT CONTROL TRIAL); OR
  (II) EFFECTIVE, SUCH THAT IT IS IMPLEMENTED WITH  SUFFICIENT  FIDELITY
THAT IT DEMONSTRATES ADEQUATE EMPIRICAL FINDINGS USING A SOUND CONCEPTU-
AL  FRAMEWORK AND A QUASI-EXPERIMENTAL EVALUATION DESIGN OF HIGH QUALITY
(COMPARISON GROUP WITHOUT RANDOM ASSIGNMENT CONTROL GROUP).
  (B) THE TERM "PROMISING" MEANS A PROGRAM THAT DEMONSTRATES  EFFECTIVE-
NESS  USING  REASONABLE,  LIMITED FINDINGS, AND THAT HAS UNDERWAY A MORE
APPROPRIATE EVALUATION THAT MEETS THE CRITERIA SET FORTH IN  CLAUSE  (A)
OF THIS SUBPARAGRAPH FOR DETERMINING EVIDENCE BASED PROGRAMS.
  (C) "DILIGENTLY WORKING TO COLLECT EVIDENCE" SHALL APPLY TO ANY EXIST-
ING  OR  NEWLY  FORMED  PROGRAM THAT IS COLLECTING DATA TO ESTABLISH THE
NECESSARY QUALIFICATIONS  FOR  CLASSIFICATION  AS  "EVIDENCE  BASED"  OR
"PROMISING".
  (D)  "NONE  OF  THE  ABOVE"  SHALL  BE APPLIED TO PROGRAMS THAT DO NOT
EVIDENCE A DETERRENT EFFECT AND DO NOT COLLECT, ANALYZE, AND/OR  PUBLISH
ANY CLIENT OUTCOME DATA.
  (2)  SOCIAL  SERVICES  DISTRICTS  AND/OR  PROBATION  SHALL UTILIZE THE
FOLLOWING FUND ALLOCATION PRIORITIZATION:
  (A) EVIDENCE BASED PROGRAMS ARE FIRST PRIORITY FOR FUNDING;
  (B) PROMISING PROGRAMS SHALL BE FUNDED WHEN NO HIGHER CATEGORY PROGRAM
EXISTS TO ADDRESS AN ISSUE;
  (C) "DILIGENTLY WORKING TO COLLECT EVIDENCE" PROGRAMS  MAY  BE  FUNDED
WHEN NO HIGHER CATEGORY PROGRAM EXISTS TO ADDRESS AN ISSUE; OR
  (D)  ANY  PROGRAM  NOT ELIGIBLE FOR ANY OF THESE CLASSIFICATIONS SHALL
NOT BE FUNDED USING THIS FUNDING STREAM.
  (3) THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  REVIEW  THE
PROGRAM  MODELS  AND  ASSESS  CLASSIFICATIONS  ANNUALLY  AND PUBLISH THE
RESULTS OF THIS REVIEW.
  (4) FIFTY PERCENT  OF  ALL  REIMBURSEMENTS  MADE  BY  SOCIAL  SERVICES
DISTRICTS FOR CARE, MAINTENANCE AND SUPERVISION UNDER THIS SECTION SHALL
BE  PAID DIRECTLY TO THE STATE THROUGH THE OFFICE OF CHILDREN AND FAMILY
SERVICES FOR DEPOSIT INTO A MISCELLANEOUS SPECIAL REVENUE FUND KNOWN  AS
THE ALTERNATIVE-TO-DETENTION PROGRAM PER DIEM ACCOUNT.
  S  4. The state finance law is amended by adding a new section 99-t to
read as follows:
  S 99-T. THE ALTERNATIVE-TO-DETENTION PROGRAM PER  DIEM  ACCOUNT.    1.
THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT  IN  THE
MISCELLANEOUS    SPECIAL    REVENUE    FUND   TO   BE   KNOWN   AS   THE
"ALTERNATIVE-TO-DETENTION PER DIEM ACCOUNT".
  2. THE ALTERNATIVE-TO-DETENTION PER  DIEM  ACCOUNT  SHALL  CONSIST  OF
FIFTY  PERCENT  OF  THE MONEYS RECEIVED BY THE STATE PURSUANT TO SECTION
FIVE HUNDRED THIRTY OF THE EXECUTIVE LAW. SUCH MONEYS SHALL BE  USED  TO
SUPPORT   EVIDENCE   BASED,  COMMUNITY-BASED  PROGRAMS  ALTERNATIVES  TO
DETENTION AND ALTERNATIVES TO PLACEMENT. THE STATE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  WILL DETERMINE REIMBURSEMENT ELIGIBILITY BASED ON
EACH COUNTY  AND  NEW  YORK  CITY'S  COMPREHENSIVE  DETENTION  PLAN,  AS
REQUIRED  BY SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY AND SUBDIVI-
SION THREE OF SECTION FIVE HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW. THE
COMPREHENSIVE DETENTION  PLAN  WILL  SPECIFY  WHICH  LOCAL  ENTITY  WILL

S. 5378                             8                            A. 7872

RECEIVE  THESE  FUNDS AND THE APPROPRIATE USES AND DISTRIBUTION OF THESE
FUNDS.
  3. THE SOCIAL SERVICES DISTRICT AND/OR PROBATION DEPARTMENT OVERSEEING
THE  ALTERNATIVE-TO-DETENTION  PROGRAMS  SHALL  SUBMIT  ANNUALLY  TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE MANNER DETERMINED BY THAT
OFFICE, A REQUEST FOR REIMBURSEMENT WITHIN TWELVE  MONTHS  OF  INITIALLY
QUALIFYING FOR THE REIMBURSEMENT.
  S  5. Subdivision 1 of section 352.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1. Upon the conclusion of the dispositional hearing, the  court  shall
enter an order of disposition:
  (a)  conditionally  discharging  the respondent in accord with section
353.1; or
  (b) putting the respondent on probation in accord with section  353.2;
or
  (c)  continuing  the  proceeding  and placing the respondent in accord
with section 353.3; or
  (d) placing the respondent in accord with section 353.4; or
  (e) continuing the proceeding  and  placing  the  respondent  under  a
restrictive placement in accord with section 353.5[.]; OR
  (F)  PLACING THE RESPONDENT IN AN EVIDENCE BASED ALTERNATIVE-TO-PLACE-
MENT PROGRAM.
  S 6. This act shall take effect July 1, 2010,  provided  however  that
any rules or regulations may be promulgated before such effective date.