Senate Bill S6711B

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

                                  6711

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced  by Sens. MONTGOMERY, DUANE, HASSELL-THOMPSON, ONORATO, PARK-
  ER, SAVINO, SCHNEIDERMAN -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Children and Families

AN  ACT  to  amend  the executive law and the county law, in relation to
  alternative to detention programs for court-involved children

  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 cost 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 of an office of  children  and  family  services
placement  in  a  juvenile  justice facility is approximately $150,000 a
year. These expenditures yield dismal results as  evidenced  by  the  49
percent  re-admission  rate  within one year for youth in the custody of
the New York city department of juvenile  justice  and  the  76  percent
recidivism rate for youth released from the office of children and fami-
ly services facilities.
  Currently,   counties  throughout  the  state  receive  a  50  percent
reimbursement for the costs of detaining  a  youth  pre-trial.  However,
there  is  no  similar  fiscal  arrangement for counties which choose to
implement alternatives to detention programs pre-trial, or for  alterna-
tives  to  juvenile  placements  with  the office of children and family
services after the youth has been adjudicated. There exists  significant
purpose  and  public  interest  in the expansion of alternative programs
that reduce youth recidivism, provide meaningful life interventions, and
drastically reduce the costs associated  with  incarcerating  juveniles.
The  purpose  of  this  legislation is to ensure that monies are specif-
ically allocated for  alternative  juvenile  detention  and  alternative
juvenile  justice  placement programs that work. A 65 percent reimburse-
ment rate for youth diverted into alternative programs  would  encourage
their  expansion statewide. The reimbursement plan would also help coun-

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

                                                           LBD15200-02-0

S. 6711                             2

ties build and maintain a community-based and proven infrastructure that
works toward the positive support of youth and the prevention of  future
juvenile  delinquency.  It is the intention of this legislature that the
savings  which  are  realized  in  future  fiscal years from the reduced
expenditure on detention and placement in juvenile justice facilities as
a result of this legislation be allocated to the office of children  and
family services to maintain and improve the juvenile justice system.
  S  2.  Section  530 of the executive law, as amended by chapter 880 of
the laws of 1976, subdivisions 2 and 5 as amended by chapter 920 of  the
laws  of  1982,  subdivision  2-a and subparagraph 4 of paragraph (a) of
subdivision 5 as added and paragraph (a) of subdivision 4 as amended  by
chapter  419  of  the laws of 1987, the closing paragraph of subdivision
2-a and subdivision 7 as amended by chapter 465 of  the  laws  of  1992,
paragraph  (c)  of  subdivision 4 as added by chapter 169 of the laws of
1994, subdivision 8 as added by section 1 and subdivision 9 as added  by
section  2  of  part  C of chapter 83 of the laws of 2002, is amended to
read as follows:
  S 530. Reimbursement for detention. 1. Definitions.  (A)  As  used  in
this section, the terms "local charge" and "state charge" shall have the
meaning ascribed to them in the social services law.
  (B)  "ALTERNATIVE TO DETENTION" AND "ALTERNATIVE TO RESIDENTIAL PLACE-
MENT" PROGRAMS SHALL MEAN COMMUNITY-BASED HIGH QUALITY PROGRAMS THAT:
  (1) PROVIDE OR FACILITATE SUPPORT FOR MENTAL HEALTH,  SUBSTANCE  ABUSE
PROBLEMS AND LEARNING DISABILITIES;
  (2) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY;
  (3) ARE CAPABLE OF REPLICATION ACROSS MULTIPLE SITES;
  (4)  OFFER DEVELOPMENTALLY-APPROPRIATE, FAMILY-FOCUSED, STRENGTH-BASED
AND CULTURALLY COMPETENT SERVICES;
  (5) HAVE DEMONSTRATED, OR IN THE JUDGMENT OF THE  OFFICE  WILL  DEMON-
STRATE, HIGH EFFECTIVENESS AT REDUCING RECIDIVISM; AND
  (6)  HAVE  DEMONSTRATED,  OR IN THE JUDGMENT OF THE OFFICE WILL DEMON-
STRATE, SUSTAINED, LIFE-CHANGING OUTCOMES FOR PARTICIPATING YOUTH.
  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, 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) SIXTY-FIVE PERCENT OF THE AMOUNT EXPENDED FOR  THE  CARE,  MAINTE-
NANCE  AND  SUPERVISION  OF  LOCAL  CHARGES  WHERE COUNTIES CONFORM WITH
REQUIREMENTS OF SUBDIVISION D OF SECTION TWO HUNDRED EIGHTEEN-A  OF  THE
COUNTY LAW.
  (4) IN COMPUTING REIMBURSEMENT TO THE SOCIAL SERVICES DISTRICTS PURSU-
ANT  TO  THIS  SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
INSURE THAT THE AGGREGATE OF STATE AID  UNDER  ALL  STATE  AID  FORMULAS
SHALL  NOT  EXCEED  FIFTY  PERCENT  OF THE COST OF CARE, MAINTENANCE AND
SUPERVISION PROVIDED  DETAINEES,  EXCLUSIVE  OF  FEDERAL  AID  FOR  SUCH
PURPOSES,  EXCEPT FOR COMMUNITY BASED ALTERNATIVE TO DETENTION PROGRAMS,
WHICH SHALL BE FUNDED AT A RATE NOT TO EXCEED SIXTY-FIVE PERCENT.

S. 6711                             3

  (5) REIMBURSEMENT FOR ADMINISTRATIVE RELATED EXPENDITURES  AS  DEFINED
BY  THE  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 FACILITIES WITH LESS THAN TWENTY-FIVE BEDS.
  2-a. Expenditures made by the city of  New  York  in  providing  care,
maintenance  and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the [state
department of social services] OFFICE OF CHILDREN  AND  FAMILY  SERVICES
shall  be subject to reimbursement by the state upon the approval of the
[division] OFFICE, as follows:
  (1) the full per diem rate set by  the  [state  department  of  social
services]  OFFICE  OF CHILDREN AND FAMILY SERVICES for such programs for
the care, maintenance and supervision of state charges;
  (2) fifty percent of the per diem rate set by the [state department of
social services]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  for  such
programs for the care, maintenance and supervision of local charges.
  Notwithstanding  the  provisions  of  this  subdivision, section three
hundred ninety-eight-a of the social services law  shall  not  apply  to
facilities  certified  by the [division] OFFICE pursuant to section five
hundred three of this chapter.
  3. Wherever detention services are not provided directly or indirectly
by a social services district, the district shall act  as  the  interme-
diary  between  the  [division] OFFICE and the agency lawfully providing
such services, for the purpose of claiming and receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.
  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 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 reimburse-
ment pursuant to this section, including but not  limited  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  OF CHILDREN AND FAMILY
SERVICES 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 detainees, 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.
  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 alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties OR ALTERNATIVE TO DETENTION PROGRAMS 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,  pending

S. 6711                             4

adjudication  of  alleged  delinquency or alleged need of supervision 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 criminal
court if the person named therein as principal is under sixteen; or,
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  and  persons  in  need of supervision in approved detention
facilities AND ALTERNATIVE TO DETENTION PROGRAMS at the request  of  the
[division  for  youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES pending
release revocation hearings or while  awaiting  disposition  after  such
hearings; or
  (3)  temporary care, maintenance and supervision in approved detention
facilities OR ALTERNATIVE TO DETENTION PROGRAMS for youth held  pursuant
to  the family court act or the interstate compact on juveniles, pending
return to their place of residence or domicile.
  (4)  temporary  care,  maintenance  and  supervision  provided   youth
detained  in  the city of New York in foster care facilities pursuant to
article seven of the family court act.
  (b) Payments made for reserved accommodations, whether or not in  full
time  use,  approved  by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to sections seven  hundred  twen-
ty-four  and  305.2  of  the  family  court act, in order to assure that
adequate accommodations will be available for  the  immediate  reception
and proper care therein of youth for which detention costs are reimburs-
able  pursuant to paragraph (a) of this subdivision, shall be reimbursed
as expenditures for care, maintenance and supervision of  local  charges
under  the  provisions  of  this section, provided the [division] OFFICE
shall have given its prior approval for reserving such accommodations.
  6. The [director of the division for youth] COMMISSIONER OF THE 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.  Expenditures  made  by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES in providing care, maintenance  and  supervision  to
youth  in  secure  detention  facilities  certified pursuant to sections
seven hundred twenty-four and 305.2 of the family court act  and  estab-
lished,  operated  and  maintained  by  the [division for youth] OFFICE,
pursuant to section five hundred three of this article, shall be subject
to reimbursement by the  social  services  district  to  the  state,  in
accordance with [division] OFFICE regulations, as follows: fifty percent
of  the  amount  expended by the [division] OFFICE for the care, mainte-
nance and supervision of local charges, AND THIRTY-FIVE PERCENT  OF  THE
AMOUNT EXPENDED BY THE OFFICE FOR THE CARE, MAINTENANCE, AND SUPERVISION
OF LOCAL CHARGES IN AN ALTERNATIVE TO RESIDENTIAL PLACEMENT PROGRAM.
  8.  The office of children and family services shall develop a method-
ology to assess the need for new juvenile detention  facility  capacity,
which  shall  apply  to  the  issuance of an operating certificate.  The
office of children and family services shall promulgate  regulations  no
earlier  than  March  first,  two  thousand  four  to utilize such needs
assessment and supporting material provided by the agency  administering
detention  for  each  county and for the city of New York as a criterion
for new juvenile detention facility capacity. Such regulations shall not
govern the licensing of foster care facilities in the city of  New  York
that  are  used  to detain persons in need of supervision. The office of

S. 6711                             5

children and family services  shall  provide  the  agency  administering
detention in each county, the city of New York, detention providers, the
New  York  state  office of court administration and child welfare advo-
cates  the opportunity for formal consultation and comment on the devel-
opment of both the needs methodology and  the  regulations  implementing
such methodology. Notwithstanding any provisions of law to the contrary,
the  office  of  children  and family services shall not adopt the regu-
lations developed pursuant  to  this  subdivision,  by  emergency  rule.
Denial  of  a  detention  operating  certificate  based  upon such needs
assessment shall be subject to the appeal process  set  forth  in  regu-
lation.  From the effective date of this subdivision until the new regu-
lations are promulgated, the office of children and family services  may
deny  a  request for certification of additional capacity for non-secure
detention if the utilization rate in the applicable county or  area  has
been  less  then eighty percent on average over a three year period or a
request for certification of additional capacity for secure detention if
the utilization rate has been less than eighty-five percent  on  average
over  a  three  year  period, unless health and safety or other extraor-
dinary circumstances exist. Any such denial  shall  be  subject  to  the
appeal process set forth in the existing regulations.
  9.  The agency administering detention for each county and the city of
New York shall submit to the office of children and family services,  in
such  form  and  manner as required by the office of children and family
services, a quarterly report on youth remanded pursuant to article three
or seven of the family court act who are detained for forty-five days or
more in any twelve month period. 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  to
detain  the  youth;  the  offense  or  offenses  with which the youth is
charged; and all other reasons why the youth remains detained. Detention
agencies shall submit each quarterly report to the office within  thirty
days of the end of the quarter and the office shall submit a compilation
of  all  of the separate reports for the quarter to the governor and the
legislature within forty-five days of the end of the quarter. The  first
quarterly report shall cover the last quarter of two thousand two.
  10.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS WHICH WILL BE USED TO DETERMINE  THE  REQUIREMENTS  FOR  CERTIF-
ICATION OF ALTERNATIVE TO DETENTION OR ALTERNATIVE TO RESIDENTIAL PLACE-
MENT  PROGRAMS,  AND  THEIR  ELIGIBILITY  FOR  REIMBURSEMENT  UNDER THIS
SECTION. THESE REGULATIONS SHALL BE DEVELOPED AFTER  CLOSE  CONSULTATION
WITH  THE COMMISSIONER OF PROBATION, THE OFFICE OF COURT ADMINISTRATION,
THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF MENTAL
HEALTH, AND ORGANIZATIONS WHICH PROVIDE PUBLICLY FUNDED DEFENSE SERVICES
FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME.
  11. THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  DEVELOP,  AFTER
CLOSE  CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION, THE COMMIS-
SIONER OF PROBATION, THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES,
THE OFFICE OF MENTAL HEALTH, ORGANIZATIONS WHICH PROVIDE PUBLICLY FUNDED
DEFENSE SERVICES FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME, A SCREENING
AND  ASSESSMENT  TOOL  FOR  DETERMINING  APPROPRIATE  JUVENILE   JUSTICE
DETENTIONS SERVICES AND PLACEMENTS FOR YOUTH.
  S 3. Section 218-a of the county law, as amended by chapter 880 of the
laws of 1976, the opening paragraph of subdivision A as amended by chap-
ter  465  of the laws of 1992, paragraphs 1, 2, 3 and 4 of subdivision A
as amended by chapter 555 of the laws of 1978, subdivision B as  amended
by  chapter  419  of  the  laws  of  1987, and subdivision C as added by

S. 6711                             6

section 12 of part E of chapter 57 of the laws of 2005,  is  amended  to
read as follows:
  S  218-a.  County  detention  facilities  for juvenile delinquents and
persons in need of supervision. A. To assure that suitable  and  conven-
iently  accessible  accommodations  and proper and adequate detention in
secure and non-secure detention facilities, 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  juve-
nile  delinquents  and alleged and adjudicated persons in need of super-
vision. Such regulations shall not require any county to provide  tempo-
rary  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,  otherwise  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:
  1.  Provide  for  the  continued operation of the county's established
detention facility, so long as  it  complies  with  regulations  of  the
[division  for  youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES, and is
certified by that [division] OFFICE.
  2. PROVIDE FOR THE ESTABLISHMENT OR CONTINUED OPERATION  OF  COMMUNITY
BASED  ALTERNATIVE TO DETENTION PROGRAMS, AS DEFINED IN THAT COMPLY WITH
THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILIES, AND IS CERTIFIED
BY THAT OFFICE.
  [2] 3.  Authorize a contract between its county and one or more  other
counties,  which is or are operating a conveniently accessible detention
facility OR ALTERNATIVE TO DETENTION PROGRAM certified by the  [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and in compliance with
regulations  of  [the division for youth] THAT OFFICE, providing for the
reception, temporary accommodation and care in such facility of  alleged
or  adjudicated  juvenile delinquents and persons in need of supervision
held for or at the direction of its family court, for and  in  consider-
ation of the payments to be made therefor, on a per capita basis, pursu-
ant to the terms of such contract.
  [3]  4.  Authorize a contract between its county and one or more other
counties providing for the joint ESTABLISHMENT,  operation  and  mainte-
nance  by  them  of  an already established county detention facility OR
ALTERNATIVE TO DETENTION PROGRAM certified by the  [state  division  for
youth]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES and operated and main-
tained in compliance with the regulations of [the  division  for  youth]
THAT OFFICE, which is conveniently accessible to the counties concerned.
Such authorization and contract may include provisions for remodeling or
enlarging the building of such facility.
  [4]  5.  Authorize a contract between its county and one or more other
counties providing for the joint establishment,  operation  and  mainte-
nance  by  such  counties of a new joint county detention facility which
shall be located on a  site  conveniently  accessible  to  the  counties
concerned and which shall be certified by the [state division for youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES and which shall be established,
operated and maintained in compliance with the regulations of the [divi-
sion for youth] OFFICE.
  [5] 6. The resolution providing for  joint  action  under  [three  or]
SUBDIVISION four OR FIVE [above] OF THIS SECTION shall be adopted by the

S. 6711                             7

board  of  supervisors  of  each of the several counties affected, and a
committee composed of at least one member of each of such  boards  shall
be  created  to  acquire  the necessary real property in the name of the
counties  affected, and as the joint agent of such counties such commit-
tee shall have charge of the construction,  equipment,  maintenance  and
operation  of  such  joint  county  detention facility OR ALTERNATIVE TO
DETENTION PROGRAM and, with the advice of an advisory committee consist-
ing of the judge of the family court  and  the  commissioner  of  social
services of each of said counties, shall supervise and control the main-
tenance  and operation of such joint county detention facility OR ALTER-
NATIVE TO DETENTION PROGRAM.    The  said  resolution  may  specify  the
matters as to which the action of such committee shall require the joint
approval  of  the boards of supervisors of all the counties affected and
shall prescribe the proportions to be borne by each of the several coun-
ties  affected  of  the  costs  of  acquisition  of  the  site  and   of
construction   of   a  new  joint  county  detention  facility  and  the
proportions to be borne by each of the several counties affected of  the
costs  of  operation of such joint county detention facility OR ALTERNA-
TIVE TO DETENTION PROGRAM, whether established by new joint  acquisition
and  construction  or  by  utilization  of  an existing county detention
facility. The moneys to pay  the  share  to  be  borne  by  each  county
affected  shall be provided by appropriation in such amounts and at such
times as may be agreed upon.
  B. Notwithstanding any other provision of law, each board of  supervi-
sors shall provide or assure the availability of conveniently accessible
and  adequate  non-secure  detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to articles seven and  three
of  the  family  court  act, to be operated in compliance with the regu-
lations of the [division  for  youth]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  for  the temporary care and maintenance of alleged and adjudi-
cated juvenile delinquents and persons in need of supervision  held  for
or at the direction of a family court.
  C.  Each  county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to  provide  an  immediate
response  to  families in crisis and to identify and utilize appropriate
alternatives to juvenile detention.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF  SUPERVI-
SORS  OR  COUNTY  EXECUTIVE  MAY  PROVIDE  OR ASSURE THE AVAILABILITY OF
CONVENIENTLY ACCESSIBLE AND ADEQUATE ALTERNATIVE TO  DETENTION  PROGRAMS
CERTIFIED  BY  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES ACCORDING TO
SECTION FIVE HUNDRED THIRTY OF THE EXECUTIVE LAW, AS RESOURCES  FOR  THE
FAMILY  COURT  IN THE COUNTY PURSUANT TO ARTICLES SEVEN AND THREE OF THE
FAMILY COURT ACT, TO BE OPERATED IN COMPLIANCE WITH THE  REGULATIONS  OF
SUCH  OFFICE FOR THE TEMPORARY CARE AND MAINTENANCE OF ALLEGED AND ADJU-
DICATED JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION HELD FOR
OR AT THE DIRECTION OF A FAMILY COURT.
  S 4. This act shall take effect immediately.

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

                                 6711--A

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
  ONORATO, PARKER, SAVINO, SCHNEIDERMAN -- read twice and ordered print-
  ed,  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

AN  ACT  to  amend  the executive law and the county law, in relation to
  alternative to detention programs for court-involved children

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

  Section  1.    Section 530 of the executive law, as amended by chapter
880 of the laws of 1976, subdivisions 2 and 5 as amended by chapter  920
of the laws of 1982, subdivision 2-a and subparagraph 4 of paragraph (a)
of  subdivision 5 as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a and subdivision 7 as amended by chapter 465 of  the  laws  of  1992,
paragraph  (c)  of  subdivision 4 as added by chapter 169 of the laws of
1994, subdivision 8 as added by section 1 and subdivision 9 as added  by
section  2  of  part  C of chapter 83 of the laws of 2002, is amended to
read as follows:
  S 530. Reimbursement for detention. 1. Definitions.  (A)  As  used  in
this section, the terms "local charge" and "state charge" shall have the
meaning ascribed to them in the social services law.
  (B)  "ALTERNATIVE TO DETENTION" AND "ALTERNATIVE TO RESIDENTIAL PLACE-
MENT" PROGRAMS SHALL MEAN COMMUNITY-BASED HIGH QUALITY PROGRAMS THAT:
  (1)  PROVIDE  OR  FACILITATE  SUPPORT  FOR  MENTAL  HEALTH  DISORDERS,
SUBSTANCE ABUSE PROBLEMS AND LEARNING DISABILITIES;
  (2) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY;
  (3) ARE CAPABLE OF REPLICATION ACROSS MULTIPLE SITES;
  (4)  OFFER DEVELOPMENTALLY-APPROPRIATE, FAMILY-FOCUSED, STRENGTH-BASED
AND CULTURALLY COMPETENT SERVICES;
  (5) HAVE DEMONSTRATED, OR IN THE JUDGMENT OF THE  OFFICE  WILL  DEMON-
STRATE, HIGH EFFECTIVENESS AT REDUCING RECIDIVISM; AND
  (6)  HAVE  DEMONSTRATED,  OR IN THE JUDGMENT OF THE OFFICE WILL DEMON-
STRATE, SUSTAINED, LIFE-CHANGING OUTCOMES FOR PARTICIPATING YOUTH.

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

                                                           LBD15200-04-0

S. 6711--A                          2

  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, 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]  YOUTH WHO ARE NOT STATE charges where counties
conform with requirements of subdivision B of section two hundred  eigh-
teen-a of the county law.
  (3)  SIXTY-FIVE  PERCENT  OF THE AMOUNT EXPENDED FOR THE CARE, MAINTE-
NANCE AND SUPERVISION OF YOUTH WHO ARE NOT STATE CHARGES WHERE  COUNTIES
CONFORM  WITH REQUIREMENTS OF SUBDIVISION D OF SECTION TWO HUNDRED EIGH-
TEEN-A OF THE COUNTY LAW.  A SOCIAL SERVICES DISTRICT THAT ESTABLISHES A
PROGRAM WHICH CONFORMS WITH THE  REQUIREMENTS  OF  SECTION  TWO  HUNDRED
EIGHTEEN-A  OF  THE  COUNTY  LAW  SHALL  BE  ELIGIBLE  FOR A PROSPECTIVE
REIMBURSEMENT OF FUNDS EXPENDED ON ESTABLISHMENT OF SUCH PROGRAM, PURSU-
ANT TO REGULATIONS PROMULGATED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.
  (4) IN COMPUTING REIMBURSEMENT TO THE SOCIAL SERVICES DISTRICTS PURSU-
ANT  TO  THIS  SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
INSURE THAT THE AGGREGATE OF STATE AID  UNDER  ALL  STATE  AID  FORMULAS
SHALL  NOT  EXCEED  FIFTY  PERCENT  OF THE COST OF CARE, MAINTENANCE AND
SUPERVISION PROVIDED  DETAINEES,  EXCLUSIVE  OF  FEDERAL  AID  FOR  SUCH
PURPOSES.
  (5)  IN  COMPUTING  REIMBURSEMENT TO THE SOCIAL SERVICES DISTRICTS FOR
ALTERNATIVES TO DETENTION PROGRAMS, THE OFFICE OF  CHILDREN  AND  FAMILY
SERVICES  SHALL  INSURE  THAT THE AGGREGATE OF STATE AID UNDER ALL STATE
AID FORMULAS SHALL NOT EXCEED SIXTY-FIVE PERCENT OF THE  COST  OF  CARE,
MAINTENANCE  AND  SUPERVISION  PROVIDED  DETAINEES, EXCLUSIVE OF FEDERAL
AID, STATE GRANTS AND THE FUNDS ALLOCATED PURSUANT TO PARAGRAPH THREE OF
THIS SUBDIVISION.
  2-a. Expenditures made by the city of  New  York  in  providing  care,
maintenance  and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the [state
department of social services] OFFICE OF CHILDREN  AND  FAMILY  SERVICES
shall  be subject to reimbursement by the state upon the approval of the
[division] OFFICE, as follows:
  (1) the full per diem rate set by  the  [state  department  of  social
services]  OFFICE  OF CHILDREN AND FAMILY SERVICES for such programs for
the care, maintenance and supervision of state charges;
  (2) fifty percent of the per diem rate set by the [state department of
social services]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  for  such
programs  for  the  care,  maintenance and supervision of [local] YOUTH,
OTHER THAN STATE charges.
  Notwithstanding the provisions  of  this  subdivision,  section  three
hundred  ninety-eight-a  of  the  social services law shall not apply to
facilities certified by the [division] OFFICE pursuant to  section  five
hundred three of this chapter.
  3. Wherever detention services are not provided directly or indirectly
by  a  social  services district, the district shall act as the interme-
diary between the [division] OFFICE and the  agency  lawfully  providing
such  services, for the purpose of claiming and receiving reimbursement,

S. 6711--A                          3

furnishing financial information and  obtaining  approval  for  reserved
accommodations pursuant to this section.
  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 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 reimburse-
ment  pursuant  to  this  section, including but not limited 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  OF  CHILDREN  AND  FAMILY
SERVICES  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 detainees, 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.
  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 alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties OR ALTERNATIVE TO DETENTION PROGRAMS 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, pending
adjudication of alleged delinquency or alleged need  of  supervision  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  criminal
court if the person named therein as principal is under sixteen; or,
  (2)  temporary  care,  maintenance  and  supervision provided juvenile
delinquents and persons in need of  supervision  in  approved  detention
facilities  AND  ALTERNATIVE TO DETENTION PROGRAMS at the request of the
[division for youth] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  pending
release  revocation  hearings  or  while awaiting disposition after such
hearings; or
  (3) temporary care, maintenance and supervision in approved  detention
facilities  OR ALTERNATIVE TO DETENTION PROGRAMS for youth held pursuant
to the family court act or the interstate compact on juveniles,  pending
return to their place of residence or domicile.
  (4)   temporary  care,  maintenance  and  supervision  provided  youth
detained in the city of New York in foster care facilities  OR  ALTERNA-
TIVE TO DETENTION PROGRAMS pursuant to article seven of the family court
act.
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  and certified pursuant to sections seven hundred twen-
ty-four and 305.2 of the family court  act,  in  order  to  assure  that
adequate  accommodations  will  be available for the immediate reception
and proper care therein of youth for which detention costs are reimburs-
able pursuant to paragraph (a) of this subdivision, shall be  reimbursed

S. 6711--A                          4

as  expenditures  for care, maintenance and supervision of [local] YOUTH
OTHER THAN STATE charges under the provisions of this section,  provided
the  [division] OFFICE shall have given its prior approval for reserving
such accommodations.
  6. The [director of the division for youth] COMMISSIONER OF THE 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. Expenditures made by the [division for youth]  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  in providing care, maintenance and supervision to
youth in secure detention  facilities  certified  pursuant  to  sections
seven  hundred  twenty-four and 305.2 of the family court act and estab-
lished, operated and maintained by  the  [division  for  youth]  OFFICE,
pursuant to section five hundred three of this article, shall be subject
to  reimbursement  by  the  social  services  district  to the state, in
accordance with [division] OFFICE regulations, as follows: fifty percent
of the amount expended by the [division] OFFICE for  the  care,  mainte-
nance  and  supervision  of  [local] YOUTH OTHER THAN STATE charges, AND
THIRTY-FIVE PERCENT OF THE AMOUNT EXPENDED BY THE OFFICE FOR  THE  CARE,
MAINTENANCE,  AND  SUPERVISION  OF  YOUTH OTHER THAN STATE CHARGES IN AN
ALTERNATIVE TO RESIDENTIAL PLACEMENT PROGRAM.
  8. The office of children and family services shall develop a  method-
ology  to  assess the need for new juvenile detention facility capacity,
which shall apply to the issuance of  an  operating  certificate.    The
office  of  children and family services shall promulgate regulations no
earlier than March first,  two  thousand  four  to  utilize  such  needs
assessment  and supporting material provided by the agency administering
detention for each county and for the city of New York  as  a  criterion
for new juvenile detention facility capacity. Such regulations shall not
govern  the  licensing of foster care facilities in the city of New York
that are used to detain persons in need of supervision.  The  office  of
children  and  family  services  shall  provide the agency administering
detention in each county, the city of New York, detention providers, the
New York state office of court administration and  child  welfare  advo-
cates  the opportunity for formal consultation and comment on the devel-
opment of both the needs methodology and  the  regulations  implementing
such methodology. Notwithstanding any provisions of law to the contrary,
the  office  of  children  and family services shall not adopt the regu-
lations developed pursuant  to  this  subdivision,  by  emergency  rule.
Denial  of  a  detention  operating  certificate  based  upon such needs
assessment shall be subject to the appeal process  set  forth  in  regu-
lation.  From the effective date of this subdivision until the new regu-
lations are promulgated, the office of children and family services  may
deny  a  request for certification of additional capacity for non-secure
detention if the utilization rate in the applicable county or  area  has
been less [then] THAN eighty percent on average over a three year period
or  a  request  for  certification  of  additional  capacity  for secure
detention if the utilization rate has been less than eighty-five percent
on average over a three year period, unless health and safety  or  other
extraordinary  circumstances  exist. Any such denial shall be subject to
the appeal process set forth in the existing regulations.
  9. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, in
such form and manner as required by the office of  children  and  family

S. 6711--A                          5

services, a quarterly report on youth remanded pursuant to article three
or seven of the family court act who are detained for forty-five days or
more  in  any twelve month period. 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  to
detain  the  youth;  the  offense  or  offenses  with which the youth is
charged; and all other reasons why the youth remains detained. Detention
agencies shall submit each quarterly report to the office within  thirty
days of the end of the quarter and the office shall submit a compilation
of  all  of the separate reports for the quarter to the governor and the
legislature within forty-five days of the end of the quarter. The  first
quarterly report shall cover the last quarter of two thousand two.
  10.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS WHICH WILL BE USED TO DETERMINE  THE  REQUIREMENTS  FOR  CERTIF-
ICATION OF ALTERNATIVE TO DETENTION OR ALTERNATIVE TO RESIDENTIAL PLACE-
MENT  PROGRAMS,  AND  THEIR  ELIGIBILITY  FOR  REIMBURSEMENT  UNDER THIS
SECTION. THESE REGULATIONS SHALL BE DEVELOPED AFTER  CLOSE  CONSULTATION
WITH  THE COMMISSIONER OF PROBATION, THE OFFICE OF COURT ADMINISTRATION,
THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF MENTAL
HEALTH, AND ORGANIZATIONS WHICH PROVIDE PUBLICLY FUNDED DEFENSE SERVICES
FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME.
  11. THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  DEVELOP,  IN
FORMAL CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION, THE COMMIS-
SIONER OF PROBATION, THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES,
THE OFFICE OF MENTAL HEALTH, SEVERAL ORGANIZATIONS WHICH PROVIDE PUBLIC-
LY FUNDED DEFENSE SERVICES FOR YOUTH WHO HAVE BEEN ACCUSED OF A CRIME, A
SCREENING  AND  ASSESSMENT  TOOL  FOR  DETERMINING  APPROPRIATE JUVENILE
JUSTICE DETENTIONS SERVICES AND PLACEMENTS FOR YOUTH.
  S 2. Section 218-a of the county law, as amended by chapter 880 of the
laws of 1976, the opening paragraph of subdivision A as amended by chap-
ter 465 of the laws of 1992, paragraphs 1, 2, 3 and 4 of  subdivision  A
as  amended by chapter 555 of the laws of 1978, subdivision B as amended
by chapter 419 of the laws of  1987,  and  subdivision  C  as  added  by
section  12  of  part E of chapter 57 of the laws of 2005, is amended to
read as follows:
  S 218-a. County detention  facilities  for  juvenile  delinquents  and
persons  in  need of supervision. A. To assure that suitable and conven-
iently accessible accommodations and proper and  adequate  detention  in
secure  and  non-secure detention facilities, 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 juve-
nile delinquents and alleged and adjudicated persons in need  of  super-
vision.  Such regulations shall not require any county to provide tempo-
rary 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, otherwise 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:
  1. Provide for the continued operation  of  the  county's  established
detention  facility,  so  long  as  it  complies with regulations of the
[division for youth] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  and  is
certified by that [division] OFFICE.

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  2.  PROVIDE  FOR THE ESTABLISHMENT OR CONTINUED OPERATION OF COMMUNITY
BASED ALTERNATIVE TO DETENTION PROGRAMS,  AS  DEFINED  IN  SECTION  FIVE
HUNDRED THIRTY OF THE EXECUTIVE LAW, THAT COMPLY WITH THE REGULATIONS OF
THE OFFICE OF CHILDREN AND FAMILIES, AND ARE CERTIFIED BY THAT OFFICE.
  [2]  3.  Authorize a contract between its county and one or more other
counties, which is or are operating a conveniently accessible  detention
facility  OR ALTERNATIVE TO DETENTION PROGRAM certified by the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and in compliance with
regulations of [the division for youth] THAT OFFICE, providing  for  the
reception,  temporary accommodation and care in such facility of alleged
or adjudicated juvenile delinquents and persons in need  of  supervision
held  for  or at the direction of its family court, for and in consider-
ation of the payments to be made therefor, on a per capita basis, pursu-
ant to the terms of such contract.
  [3] 4. Authorize a contract between its county and one or  more  other
counties  providing  for  the joint ESTABLISHMENT, operation and mainte-
nance by them of an already established  county  detention  facility  OR
ALTERNATIVE  TO  DETENTION  PROGRAM certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES  and  operated  and  main-
tained  in  compliance  with the regulations of [the division for youth]
THAT OFFICE, which is conveniently accessible to the counties concerned.
Such authorization and contract may include provisions for remodeling or
enlarging the building of such facility.
  [4] 5. Authorize a contract between its county and one or  more  other
counties  providing  for  the joint establishment, operation and mainte-
nance by such counties of a new joint county  detention  facility  which
shall  be  located  on  a  site  conveniently accessible to the counties
concerned and which shall be certified by the [state division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES and which shall  be  established,
operated and maintained in compliance with the regulations of the [divi-
sion for youth] OFFICE.
  [5]  6.  The  resolution  providing  for joint action under [three or]
SUBDIVISION four OR FIVE [above] OF THIS SECTION shall be adopted by the
board of supervisors of each of the several  counties  affected,  and  a
committee  composed  of at least one member of each of such boards shall
be created to acquire the necessary real property in  the  name  of  the
counties  affected, and as the joint agent of such counties such commit-
tee shall have charge of the construction,  equipment,  maintenance  and
operation  of  such  joint  county  detention facility OR ALTERNATIVE TO
DETENTION PROGRAM and, with the advice of an advisory committee consist-
ing of the judge of the family court  and  the  commissioner  of  social
services of each of said counties, shall supervise and control the main-
tenance  and operation of such joint county detention facility OR ALTER-
NATIVE TO DETENTION PROGRAM.    The  said  resolution  may  specify  the
matters as to which the action of such committee shall require the joint
approval  of  the boards of supervisors of all the counties affected and
shall prescribe the proportions to be borne by each of the several coun-
ties  affected  of  the  costs  of  acquisition  of  the  site  and   of
construction   of   a  new  joint  county  detention  facility  and  the
proportions to be borne by each of the several counties affected of  the
costs  of  operation of such joint county detention facility OR ALTERNA-
TIVE TO DETENTION PROGRAM, whether established by new joint  acquisition
and  construction  or  by  utilization  of  an existing county detention
facility. The moneys to pay  the  share  to  be  borne  by  each  county
affected  shall be provided by appropriation in such amounts and at such
times as may be agreed upon.

S. 6711--A                          7

  B. Notwithstanding any other provision of law, each board of  supervi-
sors shall provide or assure the availability of conveniently accessible
and  adequate  non-secure  detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for  the family court in the county pursuant to articles seven and three
of the family court act, to be operated in  compliance  with  the  regu-
lations  of  the  [division  for  youth]  OFFICE  OF CHILDREN AND FAMILY
SERVICES for the temporary care and maintenance of alleged  and  adjudi-
cated  juvenile  delinquents and persons in need of supervision held for
or at the direction of a family court.
  C. Each county shall offer diversion services to children who  are  at
risk of being the subject of a petition under article seven of the fami-
ly  court  act.  Such services shall be designed to provide an immediate
response to families in crisis and to identify and  utilize  appropriate
alternatives to juvenile detention.
  D.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF SUPERVI-
SORS OR COUNTY EXECUTIVE MAY  PROVIDE  OR  ASSURE  THE  AVAILABILITY  OF
CONVENIENTLY  ACCESSIBLE  AND ADEQUATE ALTERNATIVE TO DETENTION PROGRAMS
CERTIFIED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  ACCORDING  TO
SECTION  FIVE  HUNDRED THIRTY OF THE EXECUTIVE LAW, AS RESOURCES FOR THE
FAMILY COURT IN THE COUNTY PURSUANT TO ARTICLES SEVEN AND THREE  OF  THE
FAMILY  COURT  ACT, TO BE OPERATED IN COMPLIANCE WITH THE REGULATIONS OF
SUCH OFFICE FOR THE TEMPORARY CARE AND MAINTENANCE OF ALLEGED AND  ADJU-
DICATED JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION HELD FOR
OR AT THE DIRECTION OF A FAMILY COURT.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.