Assembly Bill A7032

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

                                  7032

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by  M. of A. SCARBOROUGH, CAMARA, PHEFFER, COOK -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10354-02-1
              

A. 7032                             2

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  2011-2012  budget should be redirected to cover the start-up funds
necessary to implement Re-Direct New York.
  S 2. 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
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

A. 7032                             3

(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 EACH REPORT TO ITS FUNDING  ENTITY  THE  FOLLOWING  DATA,
CATEGORIZED 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 OFFICE 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:    EVIDENCE-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 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-

A. 7032                             4

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 3. 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-

A. 7032                             5

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 LOCALITY'S COMPREHENSIVE DETENTION  PLAN
SHALL  DETAIL  THE  DECISION  MAKING PROCESS FOR THE ALLOCATION OF SAVED
FUNDS    TO    BE    REINVESTED    IN    ALTERNATIVE-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;
  (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 ELEVEN--TWO THOUSAND TWELVE;
  (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

A. 7032                             6

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  EACH  REPORT  TO ITS FUNDING ENTITY THE FOLLOWING DATA,
CATEGORIZED BY AGE, RACE, AND OFFENSE TO THE EXTENT POSSIBLE:
  (A) NUMBER OF YOUTH REFERRED TO PROGRAM;
  (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  OFFICE 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: EVIDENCE-BASED, PROM-
ISING, 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

A. 7032                             7

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;
  (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 4. The state finance law is amended by adding a new section 99-u  to
read as follows:
  S  99-U.  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 ALTERNATIVES  TO  DETENTION  AND
ALTERNATIVES  TO  PLACEMENT PROGRAMS.   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 SUBDIVISION THREE  OF
SECTION FIVE HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW. THE COMPREHENSIVE
DETENTION  PLAN WILL SPECIFY WHICH LOCAL ENTITY WILL 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

A. 7032                             8

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, 2012; provided, however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.