S T A T E O F N E W Y O R K
________________________________________________________________________
4107
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to the powers and duties
of the correctional association to inspect residential juvenile facil-
ities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 503 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT ALL
YOUTH PLACED IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
ATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED BY
PRISONERS' LEGAL SERVICES OF NEW YORK PURSUANT TO SUBDIVISION THREE OF
SECTION FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING
ABUSE AND COMPLAINTS REGARDING CONDITIONS OF CONFINEMENT. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL ALLOW PRISONERS' LEGAL SERVICES OF
NEW YORK QUARTERLY ACCESS TO SUCH FACILITIES TO ADVISE THE YOUTH OF
THEIR PROCEDURAL AND SUBSTANTIVE RIGHTS AND INFORM SUCH YOUTH OF THE
HOTLINE.
S 2. The executive law is amended by adding a new section 504-c to
read as follows:
S 504-C. POWERS AND DUTIES OF THE CORRECTIONAL ASSOCIATION OF NEW
YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
CORRECTIONAL ASSOCIATION OF NEW YORK, BY SUCH COMMITTEES AS THEY SHALL
FROM TIME TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY TO
REGULARLY VISIT, INSPECT, AND EXAMINE ALL SECURE, LIMITED SECURE AND
NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, INCLUDING ALL PROPERTY, DOCUMENTS,
RECORDS, POLICIES, PROCEDURES, STAFF AND ALL SUCH OTHER THINGS MAIN-
TAINED OR CONTROLLED BY SUCH FACILITIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06005-01-3
A. 4107 2
2. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE FACILI-
TIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES TO ENSURE THE WELFARE OF THE YOUTH IS PROTECTED. THE
CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH FACILI-
TIES. IF THE CORRECTIONAL ASSOCIATION LEARNS THAT A YOUTH HAS BEEN
ABUSED AS DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED TWELVE-A
OF THE SOCIAL SERVICES LAW, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE STATE-
WIDE CENTRAL REGISTRY OF CHILD ABUSE, AND TO PRISONERS' LEGAL SERVICES
OF NEW YORK.
3. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO HAVE
CONFIDENTIAL CONTACT IN PERSON AND IN WRITING WITH THE RESIDENTS AND
STAFF OF SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPERATED,
MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS WHILE
FULFILLING ITS DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND
ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
FURNISHING THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION,
PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT SUCH INFORMATION
RELATED TO THE ABUSE OF YOUTH AS REQUIRED BY SUBDIVISION TWO OF THIS
SECTION.
4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIRS OF THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE AND ASSEM-
BLY, THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR REPRESENTATIVES,
AND THE MEDIA REGARDING THE STATE AND CONDITION OF THE SECURE, LIMITED
SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED AND CERTIFIED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING ANY SUGGESTED
REMEDIAL ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL
BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
OF THIS SECTION. THE CORRECTIONAL ASSOCIATION SHALL MAKE ALL REPORTS
AVAILABLE ON THE INTERNET. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL MEET WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO
THE FINDINGS AND RECOMMENDATIONS ISSUED IN THE ANNUAL REPORTS. THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE
ON THE INTERNET.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
PLACED IN FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
S 3. The executive law is amended by adding a new section 504-d to
read as follows:
S 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRISONERS' LEGAL
SERVICES, BY AND THROUGH THEIR EMPLOYEES, UPON NOTIFICATION OF ABUSE OR
A COMPLAINT REGARDING A CONDITION OF CONFINEMENT BY THE CORRECTIONAL
ASSOCIATION OF NEW YORK PURSUANT TO SUBDIVISION TWO OF SECTION FIVE
HUNDRED FOUR-C OF THIS TITLE, VIA THE HOTLINE ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, OR BY A PARENT, GUARDIAN OR ANY OTHER
CONCERNED INDIVIDUAL, SHALL HAVE THE POWER AND AUTHORITY TO PROVIDE
LEGAL REPRESENTATION TO YOUTH RESIDING IN SECURE, LIMITED SECURE AND
A. 4107 3
NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE
CONFIDENTIAL CONTACT VISITS WITH SUCH YOUTH, REVIEW THEIR RECORDS,
INVESTIGATE THEIR COMPLAINTS, AND ADVOCATE FOR THEIR RIGHTS, SAFETY AND
WELL-BEING. UPON COMMENCING REPRESENTATION OF A YOUTH PURSUANT TO THIS
SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LAW GUAR-
DIAN, IF ANY, APPOINTED TO REPRESENT SUCH YOUTH.
2. PRISONERS' LEGAL SERVICES SHALL HAVE THE AUTHORITY TO INSPECT,
REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION
OF A YOUTH PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO, USE OF FORCE DOCUMENTS, UNUSUAL INCIDENT REPORTS,
MEDICAL AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND PROGRAMMING
INSTITUTIONAL RECORDS, PRESENTENCE REPORTS AND COURT RECORDS, INCLUDING
SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER.
3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
DENTIAL TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF ABUSE
FROM YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE FACILITIES
OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
4. ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES
PURSUANT TO ITS FUNCTIONS UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL
AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
FURNISHING THE INFORMATION SHALL APPLY TO PRISONERS' LEGAL SERVICES.
CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES PURSUANT
TO ITS FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO LEGAL DOCUMENTS
AND PLEADINGS AS A SEALED EXHIBIT.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
PLACED IN FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.