Senate Bill S4157

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4157
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced by Sens. MONTGOMERY, BRESLIN, COMRIE, DILAN, HAMILTON, KRUEG-
   ER,  PARKER,  PERALTA,  PERKINS, RIVERA, SANDERS, SERRANO, SQUADRON --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Judiciary
 
 AN  ACT  to  amend  the  family  court  act, in relation to family court
   proceedings, jurisdiction of the court,  the  definition  of  juvenile
   delinquent,  the definition of a designated felony act, the procedures
   regarding the adjustment of  cases  from  criminal  courts  to  family
   court,  the age at which children may be tried as an adult for various
   felonies, and the manner in which courts  handle  juvenile  delinquent
   cases;  to  amend  the  social  services  law,  in  relation  to state
   reimbursement for expenditures made by social services  districts  for
   various services; to amend the social services law, in relation to the
   definitions of juvenile delinquent and persons in need of supervision;
   to  amend  the penal law, in relation to the definition of infancy and
   the authorized dispositions, sentences, and  periods  of  post-release
   supervision  for juvenile offenders; to amend chapter 3 of the laws of
   1995, enacting the sentencing reform  act  of  1995,  in  relation  to
   extending  the  expiration  of  certain provisions of such chapter; to
   amend the criminal procedure law, in relation  to  the  definition  of
   juvenile offender; to amend the criminal procedure law, in relation to
   the  arrest  of  a juvenile offender without a warrant; in relation to
   conditional sealing of certain convictions; in relation to removal  of
   certain  proceedings  to  family  court;  in  relation  to  joinder of
   offenses and consolidation of indictments; in relation to  appearances
   and  hearings  for  and  placements  of certain juvenile offenders; in
   relation to raising the age for juvenile offender status; in  relation
   to  creating  a  youth part for certain proceedings involving juvenile
   offenders; to amend the correction law, in relation to requiring  that
   no county jail be used for the confinement of persons under the age of
   eighteen; to amend the education law, in relation to certain contracts
   with  the  office of children and family services; to amend the educa-
   tion law, in relation to the possession of a gun on school grounds  by
   a  student; to amend the executive law, in relation to persons in need
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09030-04-7

 S. 4157                             2
 
   of supervision or youthful offenders; and to  amend  the  vehicle  and
   traffic  law,  in  relation to convictions; and in relation to suspen-
   sion, revocation and reissuance of licenses and registrations; and  to
   repeal  certain provisions of the correction law relating to the hous-
   ing of prisoners and other persons in custody
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (vi)  of subdivision (a) of section 115 of the
 family court act, as amended by chapter 222 of  the  laws  of  1994,  is
 amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
   §  2. Subdivision (e) of section 115 of the family court act, as added
 by chapter 222 of the laws of 1994, is amended to read as follows:
   (e) The family court has concurrent  jurisdiction  with  the  criminal
 court  over  all family offenses as defined in article eight of this act
 AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR  COURT
 OVER  ANY  JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF
 THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  3.  Subdivision  (b)  of  section  117  of the family court act, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   (b) For every juvenile delinquency proceeding under article  three  OF
 THIS  ACT involving an allegation of an act committed by a person which,
 if done by an adult, would [be a crime (i) defined  in  sections  125.27
 (murder  in  the  first  degree);  125.25 (murder in the second degree);
 135.25 (kidnapping in the first degree); or 150.20 (arson in  the  first
 degree)  of  the  penal  law committed by a person thirteen, fourteen or
 fifteen years of age; or such conduct committed as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 (ii) defined in sections 120.10 (assault in the  first  degree);  125.20
 (manslaughter  in  the first degree); 130.35 (rape in the first degree);
 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping  in
 the  second  degree),  but  only where the abduction involved the use or
 threat of use of deadly physical force;  150.15  (arson  in  the  second
 degree);  or  160.15  (robbery  in  the  first  degree) of the penal law
 committed by a person thirteen, fourteen or fifteen  years  of  age;  or
 such  conduct committed as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; (iii) defined in the  penal
 law  as  an  attempt  to  commit murder in the first or second degree or
 kidnapping in the first degree committed by a person thirteen,  fourteen
 or  fifteen  years of age; or such conduct committed as a sexually moti-
 vated felony, where authorized pursuant to section 130.91 of  the  penal
 law;  (iv)  defined  in  section  140.30 (burglary in the first degree);
 subdivision one of section  140.25  (burglary  in  the  second  degree);
 subdivision  two of section 160.10 (robbery in the second degree) of the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such firearm is possessed on school grounds, as that phrase  is  defined
 in  subdivision fourteen of section 220.00 of the penal law committed by
 a person fourteen or fifteen years of age; or such conduct committed  as
 a sexually motivated felony, where authorized pursuant to section 130.91
 of  the  penal law; (v) defined in section 120.05 (assault in the second
 degree) or 160.10 (robbery in  the  second  degree)  of  the  penal  law

 S. 4157                             3

 committed  by  a  person fourteen or fifteen years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly committed an act which, if committed by an adult, would be the  crime
 of  assault  in  the  second degree, robbery in the second degree or any
 designated felony act specified in clause (i), (ii)  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; or (vi) other than a misdemeanor, committed
 by a person at least seven but less than sixteen years of age, but  only
 where  there  has  been two prior findings by the court that such person
 has committed a prior act which, if committed by an  adult  would  be  a
 felony]  CONSTITUTE  A  DESIGNATED  FELONY ACT AS DEFINED IN SUBDIVISION
 EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
   (i) There is hereby established in the family court in the city of New
 York at least one "designated felony act part." Such part or parts shall
 be held separate from all other proceedings of the court, and shall have
 jurisdiction over all proceedings involving such an allegation THAT  ARE
 NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
 shall  be  originated in or be transferred to this part from other parts
 as they are made known to the court.
   (ii) Outside the city of New York, all proceedings involving  such  an
 allegation  shall  have a hearing preference over every other proceeding
 in the court, except proceedings under article ten OF THIS ACT.
   § 4. Subdivision 1 of section 301.2 of the family court act, as  added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person [over seven and less than
 sixteen years of age, who, having committed an act that would constitute
 a crime if committed by an adult, (a) is not criminally responsible  for
 such  conduct by reason of infancy, or (b) is the defendant in an action
 ordered removed from a criminal court to the family  court  pursuant  to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE  A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND DEGREE)
 OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
   (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF  AGE
 WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
 ADULT; OR
   (III) SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED A  VIOLATION  OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC  BEVERAGE  CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON SHALL ONLY
 BE DEEMED TO BE A JUVENILE  DELINQUENT  FOR  THE  PURPOSES  OF  IMPOSING
 LICENSE  SANCTIONS  IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 352.2
 OF THIS ARTICLE; AND
   (B) WHO IS EITHER:
   (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF  INFANCY;
 OR
   (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
 ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
 TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  5.  Subdivisions  8 and 9 of section 301.2 of the family court act,
 subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
 sion  9 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:
   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a crime: (i) defined in sections [125.27 (murder in the first
 degree);] 125.25 (murder in the second degree);  135.25  (kidnapping  in

 S. 4157                             4
 
 the  first  degree);  or 150.20 (arson in the first degree) of the penal
 law committed by a person thirteen, fourteen [or], fifteen, SIXTEEN,  OR
 SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
 125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
 degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
 second  degree)  but only where the abduction involved the use or threat
 of use of deadly physical force; 150.15 (arson in the second degree)  or
 160.15  (robbery  in  the  first degree) of the penal law committed by a
 person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years  of
 age;  or  such  conduct  committed as a sexually motivated felony, where
 authorized pursuant to section 130.91 of the penal law; (iii) defined in
 the penal law as an attempt to commit murder  in  the  first  or  second
 degree or kidnapping in the first degree committed by a person thirteen,
 fourteen  [or],  fifteen,  SIXTEEN,  OR  SEVENTEEN years of age; or such
 conduct committed as  a  sexually  motivated  felony,  where  authorized
 pursuant  to  section  130.91  of the penal law; (iv) defined in section
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary in the second  degree);  subdivision  two  of  section  160.10
 (robbery  in  the  second degree) of the penal law; or section 265.03 of
 the penal law, where such machine gun or such firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of the penal  law  committed  by  a  person  fourteen  or
 fifteen  years of age; or such conduct committed as a sexually motivated
 felony, where authorized pursuant to section 130.91 of  the  penal  law;
 (v)  defined  in section 120.05 (assault in the second degree) or 160.10
 (robbery in the second degree) of the penal law committed  by  a  person
 fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly  committed an act which, if committed by an adult, would be the crime
 of assault in the second degree, robbery in the  second  degree  or  any
 designated felony act specified in paragraph (i), (ii), or (iii) of this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted by a person at least [seven] TWELVE but less than [sixteen] EIGHTEEN
 years  of  age,  but only where there has been two prior findings by the
 court that such person has committed a prior felony; OR (VII) DEFINED IN
 SECTION 460.22 (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25  (CRIME  OF
 TERRORISM);  490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
 ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL  USE  OF  A  CHEMICAL
 WEAPON  OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST  DEGREE);  120.11
 (AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A
 VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
 WEAPON  IN  THE  FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE
 FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST  DEGREE);
 490.35  (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40
 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
 SECOND  DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);
 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
 THE THIRD DEGREE) OF THE PENAL LAW; OR A FELONY SEX OFFENSE  AS  DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW.

 S. 4157                             5

   9.  "Designated  class  A  felony  act"  means a designated felony act
 [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
 CLASS A FELONY IF COMMITTED BY AN ADULT.
   §  6. Subdivision 1 of section 302.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. The family court  has  exclusive  original  jurisdiction  over  any
 proceeding  to  determine  whether  a  person  is  a juvenile delinquent
 COMMENCED IN FAMILY COURT AND CONCURRENT  JURISDICTION  WITH  THE  YOUTH
 PART  OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY
 COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
 PROCEDURE LAW.
   §  6-a.  Section  302.1 of the family court act is amended by adding a
 new subdivision 3 to read as follows:
   3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE  OUT  OF  THE  SAME
 TRANSACTION  OR  OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE
 RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME.  NOTHING
 HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING  JURISDIC-
 TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
 FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
 A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
   § 7. Section 304.1 of the family court act, as added by chapter 920 of
 the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
 1987, is amended to read as follows:
   § 304.1. Detention. 1. A facility certified by the state [division for
 youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
 facility must be operated in conformity  with  the  regulations  of  the
 state  [division  for  youth  and shall be subject to the visitation and
 inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
 FAMILY SERVICES.
   2.  No child to whom the provisions of this article may apply shall be
 detained in any prison, jail, lockup, or other  place  used  for  adults
 convicted  of  crime  or under arrest and charged with crime without the
 approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES in the case of each child and  the  statement  of  its  reasons
 therefor.   The state [division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES shall promulgate and publish the rules which it shall apply  in
 determining whether approval should be granted pursuant to this subdivi-
 sion.
   3.  [The  detention  of  a  child  under  ten years of age in a secure
 detention facility shall not be directed under any of the provisions  of
 this article.
   4.] A detention facility which receives a child under subdivision four
 of  section  305.2  shall immediately notify the child's parent or other
 person legally responsible for his OR  HER  care  or,  if  such  legally
 responsible  person  is  unavailable  the  person  with  whom  the child
 resides, that he OR SHE has been placed in detention.
   § 8. Subdivision 1 of section 304.2 of the family court act, as  added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue  a  temporary  order  of  protection against a respondent for good
 cause shown, ex parte or upon notice, at any time after  a  juvenile  is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
 ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
 filing of a petition pursuant to section 310.1.

 S. 4157                             6
 
   § 9. Subdivision 1 of section 305.1 of the family court act, as  added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  A  private  person may take a child [under the age of sixteen] WHO
 MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
 THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
 which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
 section 140.30 of the criminal procedure law.
   § 10. Subdivision 2 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
 SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
 WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
 in cases in which [he] THE OFFICER may arrest a person for a crime under
 article one hundred forty of the criminal procedure law.
   §  11.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
 court act, as amended by chapter 492 of the laws of 1987, is amended  to
 read as follows:
   (b)  forthwith  and with all reasonable speed take the child directly,
 and without his first being taken to the police station  house,  to  the
 family  court  located  in  the  county in which the act occasioning the
 taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
 IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
 BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
 MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
 officer determines that it is necessary to question the child, in  which
 case  he OR SHE may take the child to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the child,  to  the  child's  residence  and
 there question him OR HER for a reasonable period of time; or
   §  12.  Subdivision  1  of  section  306.1 of the family court act, as
 amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
 follows:
   1.  Following  the  arrest  of a child alleged to be a juvenile delin-
 quent, or the filing of a delinquency petition involving a child who has
 not been arrested, the arresting officer  or  other  appropriate  police
 officer  or  agency shall take or cause to be taken fingerprints of such
 child if:
   (a) the child is eleven years of age or older and the crime  which  is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class [A or B] A-1 felony; [or]
   (b) THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME  WHICH  IS
 THE  SUBJECT  OF  THE ARREST OR WHICH IS CHARGED IN THE PETITION CONSTI-
 TUTES A CLASS A OR B FELONY; OR
   (C) the child is thirteen years of age or older and the crime which is
 the subject of the arrest or which is charged in  the  petition  consti-
 tutes a class C, D or E felony.
   §  13.  Section 307.3 of the family court act, as added by chapter 920
 of the laws of 1982, subdivisions 1 and 2 as amended by chapter  419  of
 the laws of 1987, is amended to read as follows:
   § 307.3. Rules of court authorizing release before filing of petition.
 1. The agency responsible for operating a detention facility pursuant to
 section  two  hundred eighteen-a of the county law, five hundred [ten-a]
 THREE of the executive law or other applicable provisions of law,  shall
 release a child in custody before the filing of a petition to the custo-
 dy  of his OR HER parents or other person legally responsible for his OR

 S. 4157                             7
 
 HER care, or if such legally responsible person  is  unavailable,  to  a
 person  with  whom  he  OR  SHE resides, when the events occasioning the
 taking into custody do not appear to involve allegations that the  child
 committed a delinquent act.
   2.  When practicable such agency may release a child before the filing
 of a petition to the custody of his  OR  HER  parents  or  other  person
 legally  responsible for his OR HER care, or if such legally responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations
 that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
 AGENCY MUST RELEASE THE CHILD IF:
   (A) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (II)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
 ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN  ACT  THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   3. If a child is released under this section, the child and the person
 legally  responsible  for his OR HER care shall be issued a family court
 appearance ticket in accordance with section 307.1.
   4. If the agency for any reason does not release a  child  under  this
 section,  such  child  shall  be brought   before the appropriate family
 court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
 BLE MAGISTRATE, IF ANY, DESIGNATED BY  THE  APPELLATE  DIVISION  OF  THE
 SUPREME  COURT  IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
 SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE  IS  NOT  AVAIL-
 ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
 ty-two hours or the next day the court is in session, whichever is soon-
 er.  Such  agency  shall  thereupon  file  an  application  for an order
 pursuant to section 307.4 and shall forthwith serve a copy of the appli-
 cation upon the appropriate presentment agency. Nothing in this subdivi-
 sion shall preclude the adjustment of suitable cases pursuant to section
 308.1.
   § 14.  Section 308.1 of the family court act, as added by chapter  920
 of  the laws of 1982, subdivision 2 as amended by section 3 of part V of
 chapter 55 of the laws of 2012, subdivision 4 as amended by chapter  264
 of  the  laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of

 S. 4157                             8
 
 the laws of 1983, and subdivision 6 as amended by  chapter  663  of  the
 laws of 1985, is amended to read as follows:
   §  308.1.  [Rules  of  court  for  preliminary] PRELIMINARY procedure;
 ADJUSTMENT OF CASES. 1. [Rules of court shall  authorize  and  determine
 the circumstances under which the] THE probation service may confer with
 any  person  seeking  to have a juvenile delinquency petition filed, the
 potential respondent and other interested persons concerning the  advis-
 ability  of  requesting that a petition be filed IN ACCORDANCE WITH THIS
 SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN of this section, the probation service  [may,  in  accordance  with
 rules  of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE before
 a petition is filed. SUCH ATTEMPTS MAY INCLUDE THE  USE  OF  A  JUVENILE
 REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE
 CHILD  AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIV-
 ITIES.  THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A  CASE
 IF  IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD
 WILL BENEFIT FROM ATTEMPTS AT  ADJUSTMENT  IN  THE  TIME  REMAINING  FOR
 ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (B)  The  inability  of  the  respondent  or his or her family to make
 restitution shall not be a factor in a decision to adjust a case or in a
 recommendation to the presentment agency pursuant to subdivision six  of
 this section.
   (C)  Nothing  in  this section shall prohibit the probation service or
 the court from directing a respondent to obtain employment and  to  make
 restitution  from  the  earnings  from  such employment. Nothing in this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
 COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
 designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
 PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
 received the written approval of the court.
   4. The probation service shall not ATTEMPT TO adjust a case  in  which
 the  child  has  allegedly  committed  a delinquent act which would be a
 crime defined in section 120.25, (reckless  endangerment  in  the  first
 degree),  subdivision one of section 125.15, (manslaughter in the second
 degree), subdivision one of section 130.25, (rape in the third  degree),
 subdivision  one  of  section  130.40, (criminal sexual act in the third
 degree), subdivision one or two of section 130.65, (sexual abuse in  the
 first  degree),  section 135.65, (coercion in the first degree), section
 140.20, (burglary in the third degree), section 150.10,  (arson  in  the
 third  degree),  section 160.05, (robbery in the third degree), subdivi-
 sion two[,] OR three [or four] of section 265.02,  (criminal  possession
 of  a  weapon in the third degree), section 265.03, (criminal possession
 of a  weapon  in  the  second  degree),  or  section  265.04,  (criminal
 possession of a [dangerous] weapon in the first degree) of the penal law
 where  the child has previously had one or more adjustments of a case in
 which such child allegedly committed an act which would be a crime spec-
 ified in this subdivision unless it has received written  approval  from
 the court and the appropriate presentment agency.
   5. The fact that a child is detained prior to the filing of a petition
 shall  not  preclude  the  probation service from adjusting a case; upon
 adjusting such a case the probation service shall notify  the  detention
 facility to release the child.

 S. 4157                             9
 
   6.  The  probation service shall not transmit or otherwise communicate
 to the presentment agency any statement made by the child to a probation
 officer. However,  the  probation  service  may  make  a  recommendation
 regarding  adjustment  of the case to the presentment agency and provide
 such information, including any report made by the arresting officer and
 record of previous adjustments and arrests, as it shall deem relevant.
   7. No statement made to the probation service prior to the filing of a
 petition  may be admitted into evidence at a fact-finding hearing or, if
 the proceeding is transferred to a criminal court, at any time prior  to
 a conviction.
   8.  The  probation  service  may  not prevent any person who wishes to
 request that a petition be filed from having access to  the  appropriate
 presentment agency for that purpose.
   9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
 section may not extend for a period of more than two  months  [without],
 OR,  FOR  A  PERIOD  OF  MORE  THAN FOUR MONTHS IF THE PROBATION SERVICE
 DETERMINES THAT ADJUSTMENT BEYOND THE  FIRST  TWO  MONTHS  IS  WARRANTED
 BECAUSE  DOCUMENTED  BARRIERS  TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
 MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
 may extend the ADJUSTMENT period for an additional two months.
   10. If a case is not adjusted by the probation service,  such  service
 shall  notify  the  appropriate  presentment  agency of that fact within
 forty-eight hours or the next court day, whichever occurs later.
   11. The probation service may not be authorized under this section  to
 compel  any  person  to appear at any conference, produce any papers, or
 visit any place.
   12. The probation service shall certify to the  division  of  criminal
 justice  services  and  to  the  appropriate  police  department  or law
 enforcement agency whenever it adjusts a case  in  which  the  potential
 respondent's  fingerprints  were  taken pursuant to section 306.1 in any
 manner other than the filing of a petition for juvenile delinquency  for
 an  act  which,  if  committed  by  an adult, would constitute a felony,
 provided, however, in the case of a child [eleven or]  twelve  years  of
 age, such certification shall be made only if the act would constitute a
 class  A  or  B  felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE,
 SUCH CERTIFICATION SHALL BE MADE ONLY IF  THE  ACT  WOULD  CONSTITUTE  A
 CLASS A-1 FELONY.
   13.  The  [provisions  of  this  section]  PROBATION SERVICE shall not
 [apply] ATTEMPT TO ADJUST A CASE where  the  petition  is  an  order  of
 removal  to  the  family court pursuant to article seven hundred twenty-
 five of the criminal procedure law UNLESS IT HAS  RECEIVED  THE  WRITTEN
 APPROVAL OF THE COURT.
   14.  WHERE  WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS,
 THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
   § 15. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
 court  act,  as  added by chapter 920 of the laws of 1982, is amended to
 read as follows:
   (c) the fact that the respondent is a person [under sixteen years  of]
 OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
 alleged act or acts;
   § 16. Subdivision 1 of section 320.5 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. At the initial appearance, the court  in  its  discretion  may  (A)
 release the respondent or (B) direct his detention.
   §  17.  Subdivision  3  of  section  320.5  of the family court act is
 amended by adding a new paragraph (a-1) to read as follows:

 S. 4157                            10
 
   (A-1) NOTWITHSTANDING PARAGRAPH (A) OF  THIS  SUBDIVISION,  THE  COURT
 SHALL NOT DIRECT DETENTION IF:
   (I)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD  COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR  AN  ACT  THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
 WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   § 18. Subdivision 5 of section 322.2 of the family court act, as added
 by  chapter 920 of the laws of 1982, paragraph (a) as amended by chapter
 37 of the laws of 2016 and paragraph (d) as amended by chapter 41 of the
 laws of 2010, is amended to read as follows:
   5.  (a) If the court finds that there is  probable  cause  to  believe
 that  the  respondent  committed a felony, it shall order the respondent
 committed to the custody of the commissioner of  mental  health  or  the
 commissioner  of  THE  OFFICE FOR PEOPLE WITH developmental disabilities
 for an initial period not to exceed one  year  from  the  date  of  such
 order.  Such period may be extended annually upon further application to
 the court by the commissioner having custody or  his  or  her  designee.
 Such  application  must  be  made  not more than sixty days prior to the
 expiration of such period on forms that  have  been  prescribed  by  the
 chief  administrator  of the courts. At that time, the commissioner must
 give written notice of the application to the  respondent,  the  counsel
 representing  the respondent and the mental hygiene legal service if the
 respondent is at a residential facility. Upon receipt of  such  applica-
 tion, the court must conduct a hearing to determine the issue of capaci-
 ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
 vision,  the court finds that the respondent is no longer incapacitated,
 he or she shall be returned to the family court for further  proceedings
 pursuant  to this article. If the court is satisfied that the respondent
 continues to be  incapacitated,  the  court  shall  authorize  continued
 custody of the respondent by the commissioner for a period not to exceed
 one  year. Such extensions shall not continue beyond a reasonable period
 of time necessary to determine whether the respondent  will  attain  the
 capacity  to proceed to a fact finding hearing in the foreseeable future
 but in no event shall continue beyond the respondent's eighteenth birth-

 S. 4157                            11
 
 day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
 WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
   (b)  If  a  respondent  is in the custody of the commissioner upon the
 respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
 SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
 MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
 commissioner shall notify the clerk of the court that the respondent was
 in his custody on such date and the court shall dismiss the petition.
   (c)  If  the  court finds that there is probable cause to believe that
 the respondent has committed a designated felony act,  the  court  shall
 require  that treatment be provided in a residential facility within the
 appropriate office of the department of mental hygiene.
   (d) The commissioner shall review  the  condition  of  the  respondent
 within  forty-five days after the respondent is committed to the custody
 of the commissioner. He or she shall make a second review within  ninety
 days  after the respondent is committed to his or her custody. Thereaft-
 er, he or she shall review the condition of the respondent every  ninety
 days.  The respondent and the counsel for the respondent, shall be noti-
 fied  of  any  such  review and afforded an opportunity to be heard. The
 commissioner having custody shall  apply  to  the  court  for  an  order
 dismissing  the  petition  whenever he or she determines that there is a
 substantial probability that the respondent will continue to be incapac-
 itated for the foreseeable future. At the time of such  application  the
 commissioner must give written notice of the application to the respond-
 ent,  the presentment agency and the mental hygiene legal service if the
 respondent is at a residential facility. Upon receipt of  such  applica-
 tion,  the  court  may  on its own motion conduct a hearing to determine
 whether there  is  substantial  probability  that  the  respondent  will
 continue  to  be  incapacitated  for the foreseeable future, and it must
 conduct such hearing if a demand therefor is made by the  respondent  or
 the  mental  hygiene  legal  service  within ten days from the date that
 notice of the application was given to them. The respondent may apply to
 the court for an order of dismissal on the same ground.
   § 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 5  as  added  by chapter 920 of the laws of 1982, are amended to read as
 follows:
   1. At the initial  appearance,  if  the  respondent  denies  a  charge
 contained  in  the  petition and the court determines IN ACCORDANCE WITH
 THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE  RESPONDENT
 shall  be detained for more than three days pending a fact-finding hear-
 ing, the court shall schedule a probable-cause hearing to determine  the
 issues specified in section 325.3 OF THIS PART.
   5.  Where  the  petition  consists  of an order of removal pursuant to
 article seven hundred twenty-five of the criminal procedure law,  unless
 the  removal was pursuant to subdivision three of section 725.05 of such
 law and the respondent was not afforded a probable cause hearing [pursu-
 ant to subdivision three of section 180.75 of  such  law  for  a  reason
 other  than  his  waiver  thereof pursuant to subdivision two of section
 180.75 of such law], the petition shall be deemed to  be  based  upon  a
 determination  that probable cause exists to believe the respondent is a
 juvenile delinquent and the respondent shall  not  be  entitled  to  any
 further  inquiry  on the subject of whether probable cause exists. After
 the filing of any such petition the court must, however, exercise  inde-
 pendent,  de novo discretion with respect to release or detention as set
 forth in section 320.5.

 S. 4157                            12
 
   § 20. Subdivisions 1 and 2 of section 340.2 of the family  court  act,
 as  added  by  chapter  920  of the laws of 1982, are amended to read as
 follows:
   1.  [The]  EXCEPT  WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
 THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT  TO  ARTICLE
 SEVEN  HUNDRED  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
 presides at the commencement of the fact-finding hearing shall  continue
 to preside until such hearing is concluded and an order entered pursuant
 to section 345.1 OF THIS PART unless a mistrial is declared.
   2.  The  judge  who presides at the fact-finding hearing or accepts an
 admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
 other subsequent hearing in the proceeding, including but not limited to
 the dispositional hearing EXCEPT WHERE THE CASE  IS  REMOVED  TO  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
   § 21. Subdivision 2 of section 351.1  of  the  family  court  act,  as
 amended  by  chapter  880  of  the  laws  of 1985, is amended to read as
 follows:
   2. Following a determination that a respondent committed a  crime  and
 prior  to  the  dispositional hearing, the court shall order a probation
 investigation, A RISK AND NEEDS ASSESSMENT, and may order  a  diagnostic
 assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
 SHALL  RECOMMEND  TO  THE  COURT  THAT THE RESPONDENT PARTICIPATE IN ANY
 SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND  ADDRESS  INDIVIDUAL
 NEEDS.
   §  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
 court act, as amended by chapter 880 of the laws of 1985, is amended  to
 read as follows:
   (a)  In  determining an appropriate order the court shall consider the
 needs and best interests of the respondent  as  well  as  the  need  for
 protection  of  the  community. If the respondent has committed a desig-
 nated felony act the court shall determine the  appropriate  disposition
 in  accord  with section 353.5. In all other cases the court shall order
 the least restrictive available alternative  enumerated  in  subdivision
 one  OF  THIS SECTION which is consistent with the needs and best inter-
 ests of the respondent and the need for  protection  of  the  community;
 PROVIDED,  HOWEVER,  THAT  THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
 RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES IF:
   (I) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II)  SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  CHILD  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;

 S. 4157                            13
 
   (3) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT  THAT
 WOULD  CONSTITUTE  A  MISDEMEANOR  IF COMMITTED BY AN ADULT AND THAT ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   §  22-a.  Section 352.2 of the family court act is amended by adding a
 new subdivision 4 to read as follows:
   4. WHERE A YOUTH RECEIVES  A  JUVENILE  DELINQUENCY  ADJUDICATION  FOR
 CONDUCT  COMMITTED  WHEN  THE  YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
 CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION  OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC  BEVERAGE  CONTROL  LAW,  THE  COURT SHALL NOTIFY THE COMMISSIONER OF
 MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES  A  JUVENILE
 DELINQUENCY  ADJUDICATION  FOR CONDUCT THAT WOULD CONSTITUTE A VIOLATION
 OF ANY OTHER PROVISION OF LAW WHICH  ALLOWS  FOR  THE  IMPOSITION  OF  A
 LICENSE  AND  REGISTRATION  SANCTION, THE COURT SHALL NOTIFY THE COMMIS-
 SIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE  THE
 POWER  TO  IMPOSE  ANY  SUSPENSION  OR REVOCATION OF DRIVING PRIVILEGES,
 IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION  PROGRAM,
 VICTIM  IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM ASSIST-
 ANCE FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF  A
 CRIME  UNDER  THE  VEHICLE  AND  TRAFFIC  LAW, OR AN OFFENSE FOR WHICH A
 LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
 ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
   § 23. Paragraph (a) of subdivision 1 and paragraphs  (f)  and  (h)  of
 subdivision 2 of section 353.2 of the family court act, paragraph (a) of
 subdivision  1  as  added by chapter 920 of the laws of 1982, paragraphs
 (f) and (h) of subdivision 2 as amended by chapter 124 of  the  laws  of
 1993, are amended to read as follows:
   (a)  placement  of respondent is not or may not be necessary OR ALLOW-
 ABLE;
   (f) make restitution or perform services for the public good  pursuant
 to  section 353.6, provided the respondent is over [ten] TWELVE years of
 age;
   (h) comply with such other reasonable conditions as  the  court  shall
 determine to be necessary or appropriate to ameliorate the conduct which
 gave rise to the filing of the petition or to prevent placement with the
 commissioner  of  social  services or the [division for youth] OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   § 23-a. Paragraph (e) of subdivision 2 of section 353.2 of the  family
 court  act, as amended by chapter 124 of the laws of 1993, is amended to
 read as follows:
   (e) co-operate with a mental health, social services or  other  appro-
 priate community facility or agency to which the respondent is referred,
 INCLUDING  A  FAMILY  SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   § 23-b. Subdivision 3 of section 353.2 of the  family  court  act,  as
 added  by  chapter  920 of the laws of 1982, paragraph (f) as amended by
 chapter 465 of the laws of 1992, is amended to read as follows:
   3. When ordering a period of probation, the court may, as a  condition
 of such order, further require that the respondent:
   (a) meet with a probation officer when directed to do so by that offi-
 cer and permit the officer to visit the respondent at home or elsewhere;

 S. 4157                            14
 
   (b) permit the probation officer to obtain information from any person
 or  agency  from whom respondent is receiving or was directed to receive
 diagnosis, treatment or counseling;
   (c)  permit  the  probation  officer  to  obtain  information from the
 respondent's school;
   (d) co-operate with the probation officer in seeking to obtain and  in
 accepting  employment, and supply records and reports of earnings to the
 officer when requested to do so; AND
   (e) obtain permission from the probation officer for any absence  from
 respondent's residence in excess of two weeks[; and
   (f)  with  the  consent  of  the division for youth, spend a specified
 portion of the probation period, not exceeding one year, in a non-secure
 facility provided by the division for youth pursuant  to  article  nine-
 teen-G of the executive law].
   § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
 paragraph (d) of subdivision 4 of section 353.5 of the family court act,
 as amended by section 6 of subpart A of part G of chapter 57 of the laws
 of 2012, are amended to read as follows:
   after  the  period  set under subparagraph (ii) of this paragraph, the
 respondent shall be placed in a residential facility  for  a  period  of
 twelve months; provided, however, that if the respondent has been placed
 from  a family court in a social services district operating an approved
 juvenile justice services close to home initiative pursuant  to  section
 four  hundred  four of the social services law FOR AN ACT COMMITTED WHEN
 THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time  frames  in
 subparagraph (ii) of this paragraph are met:
   (d)  Upon  the  expiration  of the initial period of placement, or any
 extension thereof, the placement may  be  extended  in  accordance  with
 section  355.3  on a petition of any party or the office of children and
 family services, or, if applicable, a social services district operating
 an approved juvenile justice services close to home initiative  pursuant
 to  section four hundred four of the social services law, after a dispo-
 sitional hearing, for an additional period not to exceed twelve  months,
 but  no  initial  placement or extension of placement under this section
 may continue beyond the respondent's twenty-first birthday, OR,  FOR  AN
 ACT  THAT  WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
 OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   § 25. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
 court  act, as amended by chapter 398 of the laws of 1983, is amended to
 read as follows:
   (d) Upon the expiration of the initial period  of  placement,  or  any
 extension  thereof,  the  placement  may  be extended in accordance with
 section 355.3 on a petition of any party or  the  [division  for  youth]
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES after a dispositional hearing,
 for an additional period not to exceed twelve  months,  but  no  initial
 placement  or  extension  of  placement  under this section may continue
 beyond the respondent's twenty-first birthday, OR, FOR AN ACT  THAT  WAS
 COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
 RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   § 26. The opening paragraph of subdivision 1 of section 353.6  of  the
 family  court  act,  as  amended  by chapter 877 of the laws of 1983, is
 amended to read as follows:
   At the conclusion of the  dispositional  hearing  in  cases  involving
 respondents over [ten] TWELVE years of age the court may:
   §  27.  Section 354.1 of the family court act, as added by chapter 920
 of the laws of 1982, subdivisions 2, 6 and 7 as amended by  chapter  645

 S. 4157                            15
 
 of  the  laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of
 the laws of 1983, is amended to read as follows:
   §  354.1. Retention and destruction of fingerprints of persons alleged
 to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
 prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
 initially fingerprinted as a juvenile offender and the action is  subse-
 quently  removed  to  a  family  court pursuant to article seven hundred
 twenty-five of the criminal procedure law is adjudicated to be  a  juve-
 nile delinquent for a felony, the family court shall forward or cause to
 be  forwarded  to the division of criminal justice services notification
 of such adjudication and such related information as may be required  by
 such  division,  provided,  however,  in the case of a person eleven [or
 twelve] years of age such notification shall be provided only if the act
 upon which the adjudication is based would constitute a class [A  or  B]
 A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
 CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
 BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
   2. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently removed to family court
 pursuant to article seven hundred twenty-five of the criminal  procedure
 law  has had all petitions disposed of by the family court in any manner
 other than an adjudication of juvenile delinquency for a felony, but  in
 the case of acts committed when such person was eleven [or twelve] years
 of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
 THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
 WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
 prints, palmprints, photographs, and copies thereof, and all information
 relating to such  allegations  obtained  by  the  division  of  criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The  clerk of the court shall notify the commissioner of the division of
 criminal justice services and the heads of all  police  departments  and
 law  enforcement  agencies  having  copies  of  such  records, who shall
 destroy such records without unnecessary delay.
   3. If the appropriate presentment agency does not originate a proceed-
 ing under section 310.1 for a case in which the  potential  respondent's
 fingerprints were taken pursuant to section 306.1, the presentment agen-
 cy shall serve a certification of such action upon the division of crim-
 inal justice services, and upon the appropriate police department or law
 enforcement agency.
   4.  If,  following the taking into custody of a person alleged to be a
 juvenile delinquent and the taking and forwarding  to  the  division  of
 criminal  justice  services  of  such person's fingerprints but prior to
 referral to the probation department or to the family court, an  officer
 or  agency,  elects not to proceed further, such officer or agency shall
 serve a certification of such election upon  the  division  of  criminal
 justice services.
   5.  Upon certification pursuant to subdivision twelve of section 308.1
 or subdivision three or four of this section, the department  or  agency
 shall  destroy  forthwith all fingerprints, palmprints, photographs, and
 copies thereof, and all other information obtained in the case  pursuant
 to  section  306.1.  Upon receipt of such certification, the division of
 criminal justice services and all police departments and law enforcement
 agencies having copies of such records shall destroy them.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly adjudicated a juvenile delinquent for a felony, but in  the  case  of

 S. 4157                            16

 acts  committed  when  such a person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE  A  CLASS  A OR B FELONY ONLY, is subsequently convicted of a
 crime, all fingerprints and related information obtained by the division
 of criminal justice services pursuant to such section and not  destroyed
 pursuant  to  subdivisions  two, five and seven or subdivision twelve of
 section 308.1 shall become part of such division's permanent adult crim-
 inal record for that person, notwithstanding section 381.2 or 381.3.
   7. When a person fingerprinted pursuant to section  306.1  and  subse-
 quently  adjudicated a juvenile delinquent for a felony, but in the case
 of acts committed when such person was eleven [or twelve] years  of  age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
 has  been  discharged  from  placement under this act for at least three
 years, whichever occurs later, and has no criminal convictions or  pend-
 ing   criminal   actions   which  ultimately  terminate  in  a  criminal
 conviction,  all  fingerprints,  palmprints,  photographs,  and  related
 information and copies thereof obtained pursuant to section 306.1 in the
 possession  of  the  division  of  criminal justice services, any police
 department,  law  enforcement  agency  or  any  other  agency  shall  be
 destroyed  forthwith.  The  division  of criminal justice services shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion pursuant to section 306.1 of  their  obligation  to  destroy  those
 records  in  their  possession. In the case of a pending criminal action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   § 28. Subdivisions 1 and 6 of section 355.3 of the family  court  act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 6  as amended by chapter 663 of the laws of 1985, are amended to read as
 follows:
   1. In any case in which the respondent has  been  placed  pursuant  to
 section  353.3  the  respondent, the person with whom the respondent has
 been placed, the commissioner of social services, or the  [division  for
 youth]  OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
 extend such placement. Such petition shall be filed at least sixty  days
 prior  to  the  expiration  of  the period of placement, except for good
 cause shown but in no event shall  such  petition  be  filed  after  the
 original expiration date.
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without  the  child's  consent  FOR  ACTS  COMMITTED
 BEFORE  THE  RESPONDENT'S  SIXTEENTH  BIRTHDAY  and in no event past the
 child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
 OF SECTION 353.5.
   § 29. Subdivision 5 of section 355.4 of the family court act, as added
 by chapter 479 of the laws of 1992, is amended to read as follows:
   5. Nothing in this section shall: REQUIRE  THAT  CONSENT  BE  OBTAINED
 FROM  THE  YOUTH'S  PARENT  OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
 MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR  THE
 YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
 a  youth from consenting on his or her own behalf to any medical, dental
 or mental health service and treatment where otherwise authorized by law
 to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF  CHIL-
 DREN  AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning

 S. 4157                            17
 
 the court pursuant to section two hundred thirty-three of this  act,  as
 appropriate.
   §  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
 court act, as amended by chapter 145 of the laws of 2000, is amended  to
 read as follows:
   (b)  subsequent  permanency hearings shall be held no later than every
 twelve months following the respondent's initial twelve months in place-
 ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
 provided, however, that they shall be held in conjunction with an exten-
 sion  of placement hearing held pursuant to section 355.3 of this [arti-
 cle] PART.
   § 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
 as  added  by  chapter  920  of the laws of 1982, are amended to read as
 follows:
   2. At the time of his OR HER first appearance following the filing  of
 a petition of violation the court must: (a) advise the respondent of the
 contents of the petition and furnish him OR HER with a copy thereof; (b)
 determine whether the respondent should be released or detained pursuant
 to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
 A  RESPONDENT  TO  BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
 NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
 MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
 SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
 RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
 FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
 ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
 SUCCESS; and (c) ask the respondent whether he OR SHE wishes to make any
 statement  with  respect  to  the  violation.  If the respondent makes a
 statement, the court may accept it and base its  decision  thereon;  the
 provisions  of subdivision two of section 321.3 shall apply in determin-
 ing whether a statement should be accepted. If the court does not accept
 such statement or if the respondent does not make a statement, the court
 shall proceed with the hearing. Upon request, the court  shall  grant  a
 reasonable adjournment to the respondent to enable him OR HER to prepare
 for the hearing.
   6.  At the conclusion of the hearing the court may revoke, continue or
 modify the order of probation or conditional  discharge.  If  the  court
 revokes  the  order,  it shall order a different disposition pursuant to
 section 352.2, PROVIDED, HOWEVER, THAT NOTHING  HEREIN  SHALL  AUTHORIZE
 THE  PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD
 NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
 MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
 SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
 RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
 FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
 ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
 SUCCESS.    If the court continues the order of probation or conditional
 discharge, it shall dismiss the petition of violation.
   § 32.  Subdivisions (d) and (i) of section 712  of  the  family  court
 act,  subdivision (d) as amended by chapter 920 of the laws of 1982, and
 subdivision (i) as amended by chapter  38  of  the  laws  of  2014,  are
 amended  and  two  new  subdivisions  (d-1) and (n) are added to read as
 follows:
   (d) "Non-secure detention facility". [A facility characterized by  the
 absence  of  physically  restricting  construction,  hardware and proce-
 dures.] A FOSTER CARE PROGRAM CERTIFIED BY THE OFFICE  OF  CHILDREN  AND

 S. 4157                            18
 
 FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING HOME, OR IN A
 CITY HAVING A POPULATION OF FIVE MILLION OR MORE, A FOSTER CARE FACILITY
 ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL SERVICES LAW.
   (D-1)  "DETENTION  FACILITY".  A  FOSTER CARE PROGRAM CERTIFIED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY
 BOARDING HOME, OR IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE,
 A FOSTER CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL
 SERVICES LAW.
   (i) "Diversion services". Services provided to children  and  families
 pursuant  to  section  seven hundred thirty-five of this article for the
 purpose of avoiding the need to file a petition or direct the  detention
 of  the child. Diversion services shall include: efforts to adjust cases
 pursuant to this article before a petition is filed, or by order of  the
 court,   [after  the  petition  is  filed  but  before  fact-finding  is
 commenced;] AT ANY TIME; and preventive services provided in  accordance
 with section four hundred nine-a of the social services law to avert the
 placement  of  the child into foster care, including crisis intervention
 and respite services.   Diversion services may also  include,  in  cases
 where  any  person  is  seeking to file a petition that alleges that the
 child has a substance use disorder or is in need of immediate  detoxifi-
 cation  or  substance use disorder services, an assessment for substance
 use  disorder;  provided,  however,  that  notwithstanding   any   other
 provision  of  law to the contrary, the designated lead agency shall not
 be required to pay for all or any portion of the costs of  such  assess-
 ment  or  substance  use  disorder or detoxification services, except in
 cases where medical assistance for needy persons may be used to pay  for
 all or any portion of the costs of such assessment or services.
   (N)  "FAMILY  SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT TO TITLE
 TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
   § 33. Section 720 of the family court act, as amended by  chapter  419
 of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
 of subdivision 5 as added by section 8 of part G of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   §  720. Detention. 1. No child to whom the provisions  of this article
 may apply, shall be detained in any prison, jail, lockup, or other place
 used for adults convicted of crime or under arrest and  charged  with  a
 crime.
   2.  The  detention of a child in a secure detention facility shall not
 be directed under any of the provisions of this article.
   3. Detention of a person alleged to be or adjudicated as a  person  in
 need  of  supervision  shall,  except as provided in subdivision four of
 this section, be authorized only in a foster care program  certified  by
 the  office  of children and family services, or a certified or approved
 family boarding home, [or a non-secure detention facility  certified  by
 the  office] and in accordance with section seven hundred thirty-nine of
 this article. The setting of the detention shall take into  account  (a)
 the  proximity  to  the  community  in which the person alleged to be or
 adjudicated as a person in need of supervision lives with such  person's
 parents or to which such person will be discharged, and (b) the existing
 educational  setting of such person and the proximity of such setting to
 the location of the detention setting.
   4. Whenever detention is authorized and ordered pursuant to this arti-
 cle, for a person alleged to be or adjudicated as a person  in  need  of
 supervision, a family court in a city having a population of one million

 S. 4157                            19
 
 or  more  shall,  notwithstanding  any  other  provision  of law, direct
 detention in a foster care facility established and maintained  pursuant
 to the social services law. In all other respects, the detention of such
 a  person  in  a  foster care facility shall be subject to the identical
 terms and conditions for detention as are set forth in this article  and
 in section two hundred thirty-five of this act.
   5.  (a) The court shall not order or direct detention under this arti-
 cle, unless the court determines that there is no substantial likelihood
 that the youth and his or her  family  will  continue  to  benefit  from
 diversion  services,  AND  THAT  CONTINUATION  IN  THE HOME WOULD NOT BE
 APPROPRIATE BECAUSE SUCH CONTINUATION WOULD (A) CONTINUE OR  WORSEN  THE
 CIRCUMSTANCES  ALLEGED  IN  THE UNDERLYING PETITION, OR THAT CREATED THE
 NEED FOR A PETITION TO BE SOUGHT OR (B) CREATE  A  SAFETY  RISK  TO  THE
 CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
 detention have been exhausted; and
   (b) [Where the youth is sixteen years of age or older, the court shall
 not  order  or  direct  detention  under  this article, unless the court
 determines and states in its order that special circumstances  exist  to
 warrant such detention.
   (c)] If the respondent may be a sexually exploited child as defined in
 subdivision  one  of  section  four  hundred forty-seven-a of the social
 services law, the court may direct the respondent to an available short-
 term safe house as defined in subdivision two of  section  four  hundred
 forty-seven-a of the social services law as an alternative to detention.
   § 34.  Section 728 of the family court act, subdivision (a) as amended
 by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
 419  of the laws of 1987, subdivision (d) as added by chapter 145 of the
 laws of 2000, paragraph (i) as added and paragraph (ii)  of  subdivision
 (d)  as  renumbered  by section 5 of part E of chapter 57 of the laws of
 2005, and paragraph (iii) as amended and paragraph (iv)  of  subdivision
 (d)  as  added by section 10 of subpart B of part Q of chapter 58 of the
 laws of 2011, is amended to read as follows:
   § 728. Discharge, release or detention  by  judge  after  hearing  and
 before  filing  of petition in custody cases.  (a) If a child in custody
 is brought before a judge of the  family  court  before  a  petition  is
 filed,  the  judge  shall  hold  a  hearing  for the purpose of making a
 preliminary determination of whether the court appears to have jurisdic-
 tion over the child. At the commencement of the hearing, the judge shall
 advise the child of his or her right to remain silent, his or her  right
 to  be  represented  by  counsel  of his or her own choosing, and of the
 right to have an attorney assigned in accord with part four  of  article
 two  of  this act. The judge must also allow the child a reasonable time
 to send for his or her  parents  or  other  person  or  persons  legally
 responsible  for his or her care, and for counsel, and adjourn the hear-
 ing for that purpose.
   (b) After hearing, the judge shall order the release of the  child  to
 the  custody  of  his parent or other person legally responsible for his
 care if the court does not appear to have jurisdiction.
   (c) An order of release under this  section  may,  but  need  not,  be
 conditioned  upon the giving of a recognizance in accord with [sections]
 SECTION seven hundred twenty-four (b) (i).
   (d) Upon a finding of facts and  reasons  which  support  a  detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:
   (i)  that there is no substantial likelihood that the youth and his or
 her family will  continue  to  benefit  from  diversion  services,  THAT

 S. 4157                            20
 
 CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
 TION  WOULD  (A)  CONTINUE  OR  WORSEN  THE CIRCUMSTANCES ALLEGED IN THE
 UNDERLYING PETITION, OR THAT CREATED THE  NEED  FOR  A  PETITION  TO  BE
 SOUGHT  OR  (B)  CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY
 and that  all  OTHER  available  alternatives  to  detention  have  been
 exhausted; and
   (ii)  whether  continuation  of the child in the child's home would be
 contrary to the best interests of the child based upon, and limited  to,
 the  facts  and  circumstances available to the court at the time of the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the date of the court hearing that resulted in the detention  order,  to
 prevent  or  eliminate the need for removal of the child from his or her
 home or, if the child had been removed from his or her home prior to the
 court appearance pursuant to this section,  where  appropriate,  whether
 reasonable efforts were made to make it possible for the child to safely
 return home; and
   (iv) whether the setting of the detention takes into account the prox-
 imity  to the community in which the person alleged to be or adjudicated
 as a person in need of supervision lives with such person's  parents  or
 to  which  such  person will be discharged, and the existing educational
 setting of such person and the proximity of such setting to the location
 of the detention setting.
   § 35.  Section 735 of the family court act, as added by section  7  of
 part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
 chapter 38 of the laws of 2014, paragraph  (i)  of  subdivision  (d)  as
 amended  by  chapter  535  of  the  laws of 2011, and subdivision (h) as
 amended by chapter 499 of the laws  of  2015,  is  amended  to  read  as
 follows:
   §  735. Preliminary procedure; diversion services. (a) Each county and
 any city having a population of one million or more shall  offer  diver-
 sion services as defined in section seven hundred twelve of this article
 to  youth  who  are  at risk of being the subject of a person in need of
 supervision petition. Such services shall  be  designed  to  provide  an
 immediate response to families in crisis, to identify and utilize appro-
 priate  alternatives  to  detention  and  to divert youth from being the
 subject of a petition in family court. Each county and such  city  shall
 designate  either  the  local  social services district or the probation
 department as lead  agency  for  the  purposes  of  providing  diversion
 services.
   (b) The designated lead agency shall:
   (i)  confer  with any person seeking to file a petition, the youth who
 may be a potential respondent, his or her family, and  other  interested
 persons, concerning the provision of diversion services before any peti-
 tion may be filed; and
   (ii) diligently attempt to prevent the filing of a petition under this
 article or, after the petition is filed, to prevent the placement of the
 youth  into  foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-
 SIX OF THIS ARTICLE; and
   (iii) assess whether the youth would benefit from residential  respite
 services; and
   (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
 SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   (V)  determine  whether  alternatives  to detention are appropriate to
 avoid remand of the youth to detention;

 S. 4157                            21
 
   (VI) DETERMINE WHETHER THE YOUTH AND  HIS  OR  HER  FAMILY  SHOULD  BE
 REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
   (VII)  ASSESS  WHETHER REMAINING IN THE HOME WOULD CAUSE THE CONTINUA-
 TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
 TION TO BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR  THE  CHILD'S
 FAMILY; AND
   [(v)]  (VIII)  determine  whether  an  assessment  of  the  youth  for
 substance use disorder by an office of alcoholism  and  substance  abuse
 services certified provider is necessary when a person seeking to file a
 petition  alleges  in  such  petition that the youth is suffering from a
 substance use disorder which could make the youth a danger to himself or
 herself or others. Provided, however,  that  notwithstanding  any  other
 provision  of  law to the contrary, the designated lead agency shall not
 be required to pay for all or any portion of the costs of  such  assess-
 ment  or  for  any  substance  use  disorder or detoxification services,
 except in cases where medical assistance for needy persons may  be  used
 to  pay  for  all  or  any  portion  of  the costs of such assessment or
 services. The office of alcoholism and substance  abuse  services  shall
 make  a list of its certified providers available to the designated lead
 agency.
   (c) Any person or agency seeking to file a petition pursuant  to  this
 article  which does not have attached thereto the documentation required
 by subdivision (g) of this section shall be referred by the clerk of the
 court to the designated lead agency which shall schedule  and  hold,  on
 reasonable  notice to the potential petitioner, the youth and his or her
 parent or other person legally responsible for his or her care, at least
 one conference in order  to  determine  the  factual  circumstances  and
 determine  whether the youth and his or her family should receive diver-
 sion services pursuant to this section. Diversion services shall include
 clearly documented diligent attempts to provide appropriate services  to
 the youth and his or her family unless it is determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from  further  diversion  attempts.  Notwithstanding  the  provisions of
 section two hundred sixteen-c of this act, the clerk  shall  not  accept
 for  filing  under  this  part  any petition that does not have attached
 thereto the documentation required by subdivision (g) of this section.
   (d) Diversion services shall include documented diligent  attempts  to
 engage  the youth and his or her family in appropriately targeted commu-
 nity-based services, but shall not be limited to:
   (i) providing, at the first contact, information on  the  availability
 of  or a referral to services in the geographic area where the youth and
 his or her family are located that may be of  benefit  in  avoiding  the
 need  to file a petition under this article; including the availability,
 for up to twenty-one days, of a  residential  respite  program,  if  the
 youth  and his or her parent or other person legally responsible for his
 or her care agree, and the availability of other non-residential  crisis
 intervention  programs  such  as  A FAMILY SUPPORT CENTER, family crisis
 counseling or alternative dispute resolution programs or an  educational
 program  as  defined in section four hundred fifty-eight-l of the social
 services law.
   (ii) scheduling and holding at least one conference with the youth and
 his or her family and the person or representatives of the entity  seek-
 ing  to  file  a  petition under this article concerning alternatives to
 filing a petition and services that are  available.  Diversion  services
 shall  include clearly documented diligent attempts to provide appropri-
 ate services to the youth and his or her family before it may be  deter-

 S. 4157                            22
 
 mined  that there is no substantial likelihood that the youth and his or
 her family will benefit from further attempts.
   (iii) where the entity seeking to file a petition is a school district
 or local educational agency, the designated lead agency shall review the
 steps  taken  by  the  school  district  or  local educational agency to
 improve the youth's attendance and/or conduct in school and  attempt  to
 engage the school district or local educational agency in further diver-
 sion  attempts,  if  it  appears  from review that such attempts will be
 beneficial to the youth.
   (e) The designated lead agency shall maintain a  written  record  with
 respect  to  each  youth  and  his  or  her family for whom it considers
 providing or provides diversion services pursuant to this  section.  The
 record  shall  be made available to the court at or prior to the initial
 appearance of the youth in any proceeding  initiated  pursuant  to  this
 article.
   (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
 section may extend until the  designated  lead  agency  determines  that
 there  is no substantial likelihood that the youth and his or her family
 will benefit from further attempts. Efforts  at  diversion  pursuant  to
 this  section  may  continue  after  the  filing of a petition where the
 designated lead agency determines that the youth and his or  her  family
 will  benefit  from  further  attempts to prevent PLACEMENT OF the youth
 from entering foster care  IN  ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
 FIFTY-SIX OF THIS ARTICLE.
   (g)  (i) The designated lead agency shall promptly give written notice
 to the potential petitioner whenever attempts to prevent the filing of a
 petition have terminated, and shall  indicate  in  such  notice  whether
 efforts  were  successful.  The  notice  shall  also detail the diligent
 attempts made to divert the case if a determination has been  made  that
 there  is  no  substantial  likelihood  that the youth will benefit from
 further attempts. No persons in need  of  supervision  petition  may  be
 filed  pursuant  to  this  article during the period the designated lead
 agency is providing diversion services. A finding by the designated lead
 agency that the case has been  successfully  diverted  shall  constitute
 presumptive  evidence that the underlying allegations have been success-
 fully resolved in any petition based upon the same factual  allegations.
 No petition may be filed pursuant to this article by the parent or other
 person  legally  responsible for the youth where diversion services have
 been terminated because of the failure of the  parent  or  other  person
 legally responsible for the youth to consent to or actively participate.
   (ii) The clerk of the court shall accept a petition for filing only if
 it has attached thereto the following:
   (A)  if the potential petitioner is the parent or other person legally
 responsible for the youth, a notice  from  the  designated  lead  agency
 indicating  there  is no bar to the filing of the petition as the poten-
 tial petitioner consented to  and  actively  participated  in  diversion
 services; and
   (B)  a  notice  from  the  designated  lead agency stating that it has
 terminated diversion services because it has determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from further attempts, and that  the  case  has  not  been  successfully
 diverted.
   (h)  No  statement made to the designated lead agency or to any agency
 or organization to which the potential  respondent  has  been  referred,
 prior  to the filing of the petition, or if the petition has been filed,
 prior to the time the respondent has  been  notified  that  attempts  at

 S. 4157                            23
 
 diversion  will  not  be  made  or have been terminated, or prior to the
 commencement of a fact-finding hearing if attempts at diversion have not
 terminated previously, may be admitted into evidence at  a  fact-finding
 hearing or, if the proceeding is transferred to a criminal court, at any
 time prior to a conviction.
   §  36.    Subdivision  (b)  of section 742 of the family court act, as
 amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
 amended to read as follows:
   (b)  At  the  initial  appearance  of  the respondent, the court shall
 review any termination of diversion services pursuant to  such  section,
 and  the  documentation  of  diligent  attempts  to  provide appropriate
 services and determine whether such efforts  or  services  provided  are
 sufficient  [and]. THE COURT may, AT ANY TIME, subject to the provisions
 of section seven hundred forty-eight of this article, order  that  addi-
 tional  diversion  attempts be undertaken by the designated lead agency.
 The court may order the youth and the parent  or  other  person  legally
 responsible  for  the youth to participate in diversion services. If the
 designated lead agency thereafter determines  that  the  case  has  been
 successfully resolved, it shall so notify the court, and the court shall
 dismiss the petition.
   §  37.  Subdivision  (a)  of  section  749 of the family court act, as
 amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
 amended to read as follows:
   (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
 own motion or upon a motion of a party to the proceeding, order that the
 proceeding be "adjourned in contemplation of dismissal". An  adjournment
 in contemplation of dismissal is an adjournment of the proceeding, for a
 period not to exceed six months with a view to ultimate dismissal of the
 petition  in  furtherance  of  justice. Upon issuing such an order, upon
 such permissible terms and  conditions  as  the  rules  of  court  shall
 define, the court must release the individual.
   (ii)  The court may, as a condition of an adjournment in contemplation
 of dismissal order: (A) in cases where the  record  indicates  that  the
 consumption  of alcohol may have been a contributing factor, require the
 respondent to attend and complete an alcohol  awareness  program  estab-
 lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
 cases where the record indicates that cyberbullying or sexting  was  the
 basis  of the petition, require an eligible person to complete an educa-
 tion  reform  program  in   accordance   with   section   four   hundred
 fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
 INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
   (iii)  Upon  application  of  the  petitioner, or upon the court's own
 motion, made at any time during the duration of the order, the court may
 restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
 restored, the petition is at the expiration of the order, deemed to have
 been dismissed by the court in furtherance of justice.
   §  38.  Section 751 of the family court act, as amended by chapter 100
 of the laws of 1993, is amended to read as follows:
   § 751. Order dismissing petition. If the  allegations  of  a  petition
 under  this  article  are  not  established, the court shall dismiss the
 petition. The court may in its discretion dismiss a petition under  this
 article,  in  the  interests of justice where attempts have been made to
 adjust the case as provided for in sections  seven  hundred  thirty-five
 and  seven  hundred  forty-two of this article and the probation service
 has exhausted its efforts to successfully adjust such case as  a  result
 of  the  petition's  failure  to  provide  reasonable  assistance to the

 S. 4157                            24
 
 probation service. IN DISMISSING A PETITION PURSUANT  TO  THIS  SECTION,
 THE  COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
 PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
   § 39. Section 754 of the family court act, subdivision 1 as designated
 by  chapter  878  of the laws of 1976, paragraph (c) of subdivision 1 as
 amended by section 4 of part V of chapter 383 of the laws of  2001,  the
 closing  paragraph  of  subdivision 1 as added by section 5 of part V of
 chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
 the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
 amended by section 20 and the closing  paragraph  of  paragraph  (b)  of
 subdivision  2  as  amended by section 21 of part L of chapter 56 of the
 laws of 2015, is amended to read as follows:
   § 754. Disposition on adjudication of person in need  of  supervision.
 1.    Upon  an  adjudication of person in need of supervision, the court
 shall enter an order of disposition:
   (a) Discharging the respondent with warning;
   (b) Suspending judgment in accord with section  seven  hundred  fifty-
 five OF THIS PART;
   (c)  Continuing  the  proceeding  and placing the respondent in accord
 with section seven hundred fifty-six OF THIS  PART;  provided,  however,
 that  the  court  shall  not place the respondent in accord with section
 seven hundred fifty-six where the respondent is sixteen years of age  or
 older,  unless the court determines and states in its order that special
 circumstances exist to warrant such placement; or
   (d) Putting the respondent on probation in accord with  section  seven
 hundred fifty-seven OF THIS PART.
   The court may order an eligible person to complete an education reform
 program  in  accordance  with  section four hundred fifty-eight-l of the
 social services law, as part of a disposition pursuant to paragraph (a),
 (b) or (d) of this subdivision.  THE  COURT  MAY  ALSO  ORDER  SERVICES,
 INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
 SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
   2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COURT  SHALL  NOT  ORDER PLACEMENT WITH THE LOCAL COMMISSIONER OF SOCIAL
 SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
 THE COURT FINDS AND STATES IN WRITING THAT:
   (I) NO APPROPRIATE SUITABLE RELATIVE OR  SUITABLE  PRIVATE  PERSON  IS
 AVAILABLE  FOR  PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF
 THIS PART; AND
   (II) PLACEMENT IN THE CHILD'S HOME WOULD NOT  BE  APPROPRIATE  BECAUSE
 SUCH PLACEMENT WOULD:
   (A)  CONTINUE  OR  WORSEN  THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING
 PETITION OR,
   (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
   (B) The order shall state  the  court's  reasons  for  the  particular
 disposition.  If  the  court places the child in accordance with section
 seven hundred fifty-six of this part,  the  court  in  its  order  shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able  efforts  were  made prior to the date of the dispositional hearing
 held pursuant to this article to  prevent  or  eliminate  the  need  for
 removal  of the child from his or her home and, if the child was removed
 from his or her home prior to  the  date  of  such  hearing,  that  such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly  home.  If the court determines that reasonable efforts to prevent or

 S. 4157                            25
 
 eliminate the need for removal of the child from the home were not  made
 but  that  the  lack  of  such efforts was appropriate under the circum-
 stances, the court order shall include such a finding; and (ii)  in  the
 case of a child who has attained the age of fourteen, the services need-
 ed,  if any, to assist the child to make the transition from foster care
 to independent living. Nothing in this subdivision shall be construed to
 modify the standards for directing detention set forth in section  seven
 hundred thirty-nine of this article.
   [(b)]  (C)  For  the  purpose  of  this section, reasonable efforts to
 prevent or eliminate the need for removing the child from  the  home  of
 the  child  or to make it possible for the child to return safely to the
 home of the child shall not be required where the court determines that:
   (i) the parent of such child has subjected  the  child  to  aggravated
 circumstances,  as  defined  in subdivision (g) of section seven hundred
 twelve of this article;
   (ii) the parent of such child has been convicted of (A) murder in  the
 first degree as defined in section 125.27 or murder in the second degree
 as defined in section 125.25 of the penal law and the victim was another
 child  of the parent; or (B) manslaughter in the first degree as defined
 in section 125.20 or manslaughter in the second  degree  as  defined  in
 section  125.15 of the penal law and the victim was another child of the
 parent, provided, however, that the parent must have  acted  voluntarily
 in committing such crime;
   (iii)  the  parent  of  such child has been convicted of an attempt to
 commit any of the crimes set forth in subparagraphs (i) and (ii) of this
 paragraph, and the victim or intended victim was the  child  or  another
 child  of  the parent; or has been convicted of criminal solicitation as
 defined in article one hundred, conspiracy as  defined  in  article  one
 hundred  five or criminal facilitation as defined in article one hundred
 fifteen of the penal law for conspiring, soliciting or facilitating  any
 of the foregoing crimes, and the victim or intended victim was the child
 or another child of the parent;
   (iv)  the  parent  of  such child has been convicted of assault in the
 second degree as defined in section 120.05, assault in the first  degree
 as  defined  in  section 120.10 or aggravated assault upon a person less
 than eleven years old as defined in section 120.12 of the penal law, and
 the commission of one of the foregoing crimes resulted in serious  phys-
 ical injury to the child or another child of the parent;
   (v) the parent of such child has been convicted in any other jurisdic-
 tion  of  an offense which includes all of the essential elements of any
 crime specified in subparagraph (ii), (iii) or (iv) of  this  paragraph,
 and  the  victim  of  such offense was the child or another child of the
 parent; or
   (vi) the parental rights of the parent to a sibling of such child have
 been involuntarily terminated;
 unless the court determines that providing reasonable efforts  would  be
 in the best interests of the child, not contrary to the health and safe-
 ty  of  the  child,  and would likely result in the reunification of the
 parent and the child in the foreseeable future. The  court  shall  state
 such findings in its order.
   If  the  court  determines  that  reasonable  efforts are not required
 because of one of the grounds set  forth  above,  a  permanency  hearing
 shall  be  held within thirty days of the finding of the court that such
 efforts are not required. At the permanency  hearing,  the  court  shall
 determine  the  appropriateness  of  the permanency plan prepared by the
 social services official which shall include whether and when the child:

 S. 4157                            26

 (A) will be returned to the parent; (B) should be  placed  for  adoption
 with  the  social services official filing a petition for termination of
 parental rights; (C) should be  referred  for  legal  guardianship;  (D)
 should  be  placed  permanently  with a fit and willing relative; or (E)
 should be placed in another planned permanent living arrangement with  a
 significant  connection  to an adult willing to be a permanency resource
 for the child if the child is age sixteen or older and if  the  require-
 ments  of  subparagraph  (E)  of  paragraph  (iv)  of subdivision (d) of
 section seven hundred fifty-six-a of this part have been met. The social
 services official shall thereafter make reasonable efforts to place  the
 child in a timely manner and to complete whatever steps are necessary to
 finalize  the  permanent  placement  of  the  child  as set forth in the
 permanency plan approved by the court. If reasonable efforts are  deter-
 mined  by the court not to be required because of one of the grounds set
 forth in this paragraph, the social services official may file  a  peti-
 tion for termination of parental rights in accordance with section three
 hundred eighty-four-b of the social services law.
   [(c)]  (D)  For the purpose of this section, in determining reasonable
 efforts to be made with respect to a child, and in making  such  reason-
 able  efforts,  the  child's  health  and  safety shall be the paramount
 concern.
   [(d)] (E) For the purpose of this section, a sibling shall  include  a
 half-sibling.
   §  40. Section 755 of the family court act, subdivision (a) as amended
 by chapter 124 of the laws of 1993, is amended to read as follows:
   § 755. Suspended judgment. (a) Rules of court shall define permissible
 terms and conditions of a suspended judgment. The court may order  as  a
 condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE
 PROVIDED  BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW or services for public good  pursuant  to
 section  seven  hundred  fifty-eight-a, and[, except when the respondent
 has been assigned to a facility in accordance with subdivision  four  of
 section  five  hundred  four of the executive law,] in cases wherein the
 record indicates that the consumption of alcohol by the  respondent  may
 have  been  a contributing factor, the court may order attendance at and
 completion of an  alcohol  awareness  program  established  pursuant  to
 section 19.25 of the mental hygiene law.
   (b) The maximum duration of any term or condition of a suspended judg-
 ment is one year, unless the court finds at the conclusion of that peri-
 od  that  exceptional  circumstances require an additional period of one
 year.
   § 41. Section 756 of the family court act, as amended by  chapter  920
 of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
 of subdivision (a) as amended by section 11 of part G of chapter  58  of
 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
 1999,  and subdivision (c) as amended by section 10 of part E of chapter
 57 of the laws of 2005, is amended to read as follows:
   § 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
 fifty-four,  the  court  may  place  the child in its own home or in the
 custody of a suitable relative or other suitable private  person  [or  a
 commissioner of social services], subject to the orders of the court.
   (ii)  Where  the  child  is  placed with the commissioner of the local
 social services district, the court may direct the commissioner to place
 the child with an authorized agency or  class  of  authorized  agencies,
 including,  if  the  court  finds  that  the  respondent  is  a sexually

 S. 4157                            27
 
 exploited child as defined in subdivision one of  section  four  hundred
 forty-seven-a  of  the  social services law, an available long-term safe
 house. Unless the dispositional order provides otherwise, the  court  so
 directing  shall  include  one of the following alternatives to apply in
 the event that the commissioner is unable to so place the child:
   (1) the commissioner shall apply to the court for an  order  to  stay,
 modify,  set  aside, or vacate such directive pursuant to the provisions
 of section seven hundred sixty-two or seven hundred sixty-three; or
   (2) the commissioner shall return the child to the family court for  a
 new dispositional hearing and order.
   (b)  Placements  under  this  section  may be for an initial period of
 [twelve months] NINETY DAYS.  The court may extend a placement  pursuant
 to  section  seven hundred fifty-six-a. In its discretion, the court may
 recommend restitution or require services for public  good  pursuant  to
 section  seven  hundred  fifty-eight-a  in  conjunction with an order of
 placement.   [For the purposes of  calculating  the  initial  period  of
 placement,  such  placement shall be deemed to have commenced sixty days
 after the date the child was removed from his or her home in  accordance
 with  the  provisions  of  this  article.] If the respondent has been in
 detention pending disposition, the initial period of  placement  ordered
 under  this  section shall be credited with and diminished by the amount
 of time spent by the respondent in detention prior to  the  commencement
 of  the placement unless the court finds that all or part of such credit
 would not serve the best interests of the respondent.
   (c) [A placement pursuant to this section  with  the  commissioner  of
 social  services  shall  not  be directed in any detention facility, but
 the] THE court may direct detention  pending  transfer  to  a  placement
 authorized  and  ordered  under  this  section  for  no  more than [than
 fifteen] TEN days after such order of placement is made. Such  direction
 shall  be  subject to extension pursuant to subdivision three of section
 three hundred ninety-eight of the  social  services  law,  upon  written
 documentation  to  the  office  of children and family services that the
 youth is in need of specialized treatment or placement and the  diligent
 efforts  by the commissioner of social services to locate an appropriate
 placement.
   § 42. Section 756-a of the family court act, as added by  chapter  604
 of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
 laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
 of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
 by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
 amended by section 3 of part M of chapter 54 of the laws of 2016,  para-
 graphs  (iii),  (iv) and (v) of subdivision (d) as amended by section 23
 and subdivision (d-1) as amended by section 24 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   §  756-a.  Extension  of placement. (a) In any case in which the child
 has been placed pursuant to section seven hundred fifty-six, the  child,
 the  person  with  whom the child has been placed or the commissioner of
 social services may petition the court to extend  such  placement.  Such
 petition  shall be filed at least [sixty] THIRTY days prior to the expi-
 ration of the period of placement, except for good cause shown,  but  in
 no  event  shall  such  petition  be filed after the original expiration
 date.
   (b) The court shall conduct a permanency hearing concerning  the  need
 for  continuing the placement. The child, the person with whom the child
 has been placed and the commissioner of social services shall  be  noti-
 fied of such hearing and shall have the right to be heard thereat.

 S. 4157                            28
 
   (c)  The provisions of section seven hundred forty-five shall apply at
 such permanency hearing. If the petition is filed within [sixty]  THIRTY
 days prior to the expiration of the period of placement, the court shall
 first  determine  at such permanency hearing whether good cause has been
 shown. If good cause is not shown, the court shall dismiss the petition.
   (d)  At the conclusion of the permanency hearing the court may, in its
 discretion, order an extension of the placement for not more  than  [one
 year] NINETY DAYS.  The court must consider and determine in its order:
   (i)  where  appropriate,  that reasonable efforts were made to make it
 possible for the child to safely return to his or her home,  or  if  the
 permanency  plan  for  the child is adoption, guardianship or some other
 permanent living arrangement other than reunification with the parent or
 parents of the child, reasonable efforts are  being  made  to  make  and
 finalize  such  alternate permanent placement including consideration of
 appropriate in-state and out-of-state placements;
   (ii) in the case of a child who has attained the age of fourteen,  (A)
 the  services needed, if any, to assist the child to make the transition
 from foster care to successful adulthood; and (B)(1) that the permanency
 plan developed for the child, and any revision or addition to  the  plan
 shall  be developed in consultation with the child and, at the option of
 the child, with up to two additional members of the  child's  permanency
 planning  team  who  are  selected by the child and who are not a foster
 parent of, or case worker, case planner or case manager for, the  child,
 except  that  the  local commissioner of social services with custody of
 the child may reject an individual so selected  by  the  child  if  such
 commissioner has good cause to believe that the individual would not act
 in  the  best  interests  of  the  child, and (2) that one individual so
 selected by the child may be designated to be the child's  advisor  and,
 as necessary, advocate with respect to the application of the reasonable
 and prudent parent standard;
   (iii)  in  the  case of a child placed outside New York state, whether
 the out-of-state placement continues to be appropriate and in  the  best
 interests of the child;
   (iv)  whether  and when the child: (A) will be returned to the parent;
 (B) should be placed for adoption  with  the  social  services  official
 filing  a  petition  for  termination  of parental rights; (C) should be
 referred for legal guardianship; (D) should be placed permanently with a
 fit and willing relative; or (E) should be  placed  in  another  planned
 permanent  living  arrangement with a significant connection to an adult
 willing to be a permanency resource for the child if the  child  is  age
 sixteen  or older and (1) the social services official has documented to
 the court: (I) intensive, ongoing, and, as of the date of  the  hearing,
 unsuccessful  efforts made by the social services district to return the
 child home or secure a placement for the child with a  fit  and  willing
 relative  including  adult  siblings,  a  legal guardian, or an adoptive
 parent, including through efforts that utilize search technology includ-
 ing social media to find biological family members  for  children,  (II)
 the  steps the social services district is taking to ensure that (A) the
 child's foster family home or  child  care  facility  is  following  the
 reasonable  and  prudent  parent  standard  in  accordance with guidance
 provided by the United States department of health and  human  services,
 and (B) the child has regular, ongoing opportunities to engage in age or
 developmentally  appropriate activities including by consulting with the
 child in an age-appropriate manner about the opportunities of the  child
 to  participate  in activities; and (2) the social services district has
 documented to the court and the court  has  determined  that  there  are

 S. 4157                            29
 
 compelling  reasons  for  determining that it continues to not be in the
 best interest of the child to return home, be referred  for  termination
 of  parental rights and placed for adoption, placed with a fit and will-
 ing  relative,  or  placed  with a legal guardian; and (3) the court has
 made a determination explaining why, as of  the  date  of  the  hearing,
 another  planned  living arrangement with a significant connection to an
 adult willing to be a permanency resource for  the  child  is  the  best
 permanency plan for the child; and
   (v) where the child will not be returned home, consideration of appro-
 priate in-state and out-of-state placements.
   (d-1)  At  the  permanency  hearing,  the court shall consult with the
 respondent in an age-appropriate manner regarding the  permanency  plan;
 provided,  however,  that  if the respondent is age sixteen or older and
 the requested permanency plan for the respondent is placement in another
 planned permanent living arrangement with a significant connection to an
 adult willing to be a permanency resource for the respondent, the  court
 must  ask  the  respondent  about the desired permanency outcome for the
 respondent.
   (e) Pending final determination of a petition to extend such placement
 filed in accordance with the provisions of this section, the court  may,
 on  its  own  motion  or at the request of the petitioner or respondent,
 enter one or more temporary orders extending a period of  placement  not
 to exceed thirty days upon satisfactory proof showing probable cause for
 continuing  such  placement  and that each temporary order is necessary.
 The court may order additional temporary extensions,  not  to  exceed  a
 total  of  fifteen  days, if the court is unable to conclude the hearing
 within the thirty day temporary extension period. In no event shall  the
 aggregate  number  of  days  in extensions granted or ordered under this
 subdivision total more than  forty-five  days.  The  petition  shall  be
 dismissed  if  a decision is not rendered within the period of placement
 or any temporary extension thereof. Notwithstanding any provision of law
 to the contrary, the initial permanency hearing  shall  be  held  within
 [twelve  months of the date the child was placed into care] A REASONABLE
 PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD  OF  PLACE-
 MENT  pursuant  to section seven hundred fifty-six [of this article] and
 no later than every twelve months thereafter. [For the purposes of  this
 section,  the  date  the  child was placed into care shall be sixty days
 after the child was removed from his or her home in accordance with  the
 provisions of this section.]
   (f)  Successive  extensions  of  placement  under  this section may be
 granted, but no placement may be made or continued  beyond  the  child's
 eighteenth  birthday without his or her consent and in no event past his
 or her twenty-first birthday.
   § 43. Section 757 of the family court act is amended by adding  a  new
 subdivision (e) to read as follows:
   (E)  THE  COURT  MAY  ORDER SERVICES DEEMED APPROPRIATE TO ADDRESS THE
 CIRCUMSTANCES ALLEGED IN  THE  UNDERLYING  PETITION  INCLUDING  SERVICES
 PROVIDED BY FAMILY SUPPORT CENTERS.
   §  44. Section 758-a of the family court act, as amended by chapter 73
 of the laws of 1979, subdivision 1 as amended by chapter 4 of  the  laws
 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
 laws  of  2007,  subdivision  2 as amended by chapter 309 of the laws of
 1996, and subdivision 3 as separately amended by chapter 568 of the laws
 of 1979, is amended to read as follows:

 S. 4157                            30
 
   § 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
 over [ten] TWELVE and less than [sixteen] EIGHTEEN  years  of  age,  the
 court may
   (a)  recommend as a condition of placement, or order as a condition of
 probation or suspended judgment, restitution in an amount representing a
 fair and reasonable cost to replace the property or  repair  the  damage
 caused  by  the  [infant]  CHILD,  not,  however, to exceed one thousand
 dollars. [In the case of a placement, the court may recommend  that  the
 infant  pay  out  of  his  or  her  own  funds or earnings the amount of
 replacement or damage, either in a lump sum or in periodic  payments  in
 amounts  set  by  the agency with which he is placed, and in the case of
 probation or suspended judgment, the] THE court  may  require  that  the
 [infant] CHILD pay out of his or her own funds or earnings the amount of
 replacement  or  damage, either in a lump sum or in periodic payments in
 amounts set by the court; and/or
   (b) order as a condition of placement, probation, or  suspended  judg-
 ment,  services  for  the  public  good including in the case of a crime
 involving willful, malicious, or unlawful damage or destruction to  real
 or personal property maintained as a cemetery plot, grave, burial place,
 or  other  place of interment of human remains, services for the mainte-
 nance and repair thereof, taking into consideration the age and physical
 condition of the [infant] CHILD.
   2. If the court recommends restitution or requires  services  for  the
 public  good  in  conjunction  with  an  order  of placement pursuant to
 section seven hundred fifty-six, the placement shall be made only to  an
 authorized agency which has adopted rules and regulations for the super-
 vision  of  such a program, which rules and regulations shall be subject
 to the approval of the state department of social services.  Such  rules
 and  regulations  shall  include,  but  not be limited to provisions (i)
 assuring that the conditions of work, including wages, meet  the  stand-
 ards  therefor  prescribed  pursuant  to  the  labor law; (ii) affording
 coverage to the child under the workers' compensation law as an employee
 of such agency, department or institution; (iii) assuring that the enti-
 ty receiving such services shall not utilize the  same  to  replace  its
 regular  employees; and (iv) providing for reports to the court not less
 frequently than every six months, unless the order provides otherwise.
   3. If the court requires restitution or services for the  public  good
 as a condition of probation or suspended judgment, it shall provide that
 an  agency or person supervise the restitution or services and that such
 agency or person report to the court not less frequently than every  six
 months,  unless  the  order  provides otherwise. Upon the written notice
 sent by a school district to the court  and  the  appropriate  probation
 department  or agency which submits probation recommendations or reports
 to the court, the court may provide  that  such  school  district  shall
 supervise the performance of services for the public good.
   4.  The court, upon receipt of the reports provided for in subdivision
 two or three of this section may, on its own motion or the motion of any
 party  or  the agency, hold a hearing to determine whether the placement
 should be altered or modified.
   § 45. Subdivision (f) of section 759  of  the  family  court  act,  as
 amended  by  section  11 of part E of chapter 57 of the laws of 2005, is
 amended to read as follows:
   (f) to participate in family counseling or  other  professional  coun-
 seling  activities,  or  other  services, including SERVICES PROVIDED BY
 FAMILY  SUPPORT  CENTERS,  alternative   dispute   resolution   services
 conducted  by  an authorized person or an authorized agency to which the

 S. 4157                            31
 
 youth has been referred or placed, deemed necessary  for  the  rehabili-
 tation  of  the youth, provided that such family counseling, other coun-
 seling activity or other necessary services are  not  contrary  to  such
 person's religious beliefs;
   §  46.  Section  768  of  the  family  court act is amended to read as
 follows:
   § 768. Successive petitions. If a petition under section seven hundred
 sixty-four is denied, it may not be renewed for  a  period  of  [ninety]
 THIRTY days after the denial, unless the order of denial permits renewal
 at an earlier time.
   §  47.  Section  153-k of the social services law is amended by adding
 two new subdivisions 2-a and 2-b to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE AVAILABLE FOR SUCH PURPOSES,  FOR  PREVENTIVE  SERVICES,  AFTERCARE
 SERVICES,  INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED
 TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD  NOT
 OTHERWISE  HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT INCREASED THE AGE  OF
 JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE  AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
 PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
   § 48.  Subdivisions 5 and 6 of section 371 of the social services law,
 subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
 sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
 read as follows:
   5. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen  years of age who does any act which, if done by an adult, would
 constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
   6. "Person in need of supervision" means a person [less than  eighteen
 years of age who is habitually truant or who is incorrigible, ungoverna-
 ble  or habitually disobedient and beyond the lawful control of a parent
 or other person legally responsible for  such  child's  care,  or  other
 lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
 FAMILY COURT ACT.
   § 49. Article 6 of the social services law is amended by adding a  new
 title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   §  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
 "FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
 THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
 RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
 VISION PURSUANT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT,  AND  THEIR
 FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
 SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE  JUVE-
 NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:

 S. 4157                            32
 
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES, AS DEFINED IN SUBDIVISION
 FIFTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING  COGNI-
 TIVE INTERVENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES; AND
   (G) OTHER FAMILY SUPPORT SERVICES.
   3.  TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE
 TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE  APPROPRIATE,
 AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
 UALIZED  NEEDS  OF  THE  CHILD  AND  FAMILY BASED ON THE ASSESSMENTS AND
 SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
   4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY  TO  SERVE  FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
   §  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  STATE  REIMBURSEMENT  SHALL  BE
 MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL
 SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS  MADE  AVAILABLE  FOR
 SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FAMILY
 SUPPORT CENTERS SHALL BE ESTABLISHED IN EACH  SOCIAL  SERVICES  DISTRICT
 THROUGHOUT  THE  STATE  WITH  THE APPROVAL OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, PROVIDED HOWEVER  THAT  TWO  OR  MORE  SOCIAL  SERVICES
 DISTRICTS  MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A FAMILY
 SUPPORT CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION  THERE-
 WITH.
   3.  SOCIAL  SERVICES DISTRICTS MAY CONTRACT WITH NOT-FOR-PROFIT CORPO-
 RATIONS OR UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY  SUPPORT  CENTERS
 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
 REQUIREMENTS  ISSUED  BY  THE  OFFICE. FAMILY SUPPORT CENTERS SHALL HAVE
 SUFFICIENT CAPACITY TO PROVIDE  SERVICES  TO  YOUTH  WITHIN  THE  SOCIAL
 SERVICES  DISTRICT  OR DISTRICTS WHO ARE AT RISK OF BECOMING, ALLEGED OR
 ADJUDICATED TO BE PERSONS IN NEED OF  SUPERVISION  PURSUANT  TO  ARTICLE
 SEVEN  OF  THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION, TO THE
 EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
 WHO ARE ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE  FAMILY  COURT
 ACT.
   4.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
 REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 50. Subdivisions 3 and 11 of section 398 of the social services law,
 subdivision 3 as amended by chapter 419 of the laws of  1987,  paragraph
 (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
 the  laws of 2005, subdivision 11 as added by chapter 514 of the laws of
 1976, are amended to read as follows:
   3. As to delinquent children and persons in need of supervision:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b) Bring such case of alleged delinquency when necessary  before  the
 family court.
   (c)  Receive  within  fifteen  days  from  the order of placement as a
 public charge any delinquent child committed or placed or IN THE CASE OF
 A person in need of supervision placed, TEN DAYS, in his or her care  by

 S. 4157                            33
 
 the  family court provided, however, that the commissioner of the social
 services district with whom the child is placed may apply to  the  state
 commissioner  or  his  or  her  designee  for  approval of an additional
 fifteen  days,  OR  IN  THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
 DAYS, upon written documentation to the office of  children  and  family
 services that the youth is in need of specialized treatment or placement
 and  the  diligent  efforts  by  the  commissioner of social services to
 locate an appropriate placement.
   11. In the case of a child who is adjudicated  a  person  in  need  of
 supervision  or  a juvenile delinquent and is placed by the family court
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency pursuant to court order, the social services official shall  make
 expenditures  in  accordance  with the regulations of the department for
 the care and maintenance of such child during the term of such placement
 subject to state reimbursement pursuant to SECTION  ONE  HUNDRED  FIFTY-
 THREE-K  OF  this  title[, or article nineteen-G of the executive law in
 applicable cases].
   § 51. Subdivision 8 of section 404 of  the  social  services  law,  as
 added  by  section 1 of subpart A of part G of chapter 57 of the laws of
 2012, is amended to read as follows:
   8. (a) Notwithstanding any other provision of law to  the  contrary[,]
 EXCEPT  AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible
 expenditures during  the  applicable  time  periods  made  by  a  social
 services  district  for  an  approved juvenile justice services close to
 home initiative shall, if approved by the department of  family  assist-
 ance, be subject to reimbursement with state funds only up to the extent
 of  an  annual  appropriation  made  specifically  therefor, after first
 deducting therefrom  any  federal  funds  properly  received  or  to  be
 received  on  account  thereof;  provided, however, that when such funds
 have been exhausted,  a  social  services  district  may  receive  state
 reimbursement  from  other available state appropriations for that state
 fiscal year for eligible expenditures for services that otherwise  would
 be  reimbursable  under  such funding streams. Any claims submitted by a
 social services district for reimbursement for a particular state fiscal
 year for which the social  services  district  does  not  receive  state
 reimbursement  from  the  annual appropriation for the approved close to
 home initiative may not be claimed against that district's appropriation
 for the initiative for the next or any subsequent state fiscal year.
   (i) State funding for reimbursement shall  be,  subject  to  appropri-
 ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
 $35,200,000 adjusted by any changes in such amount required by  subpara-
 graphs  (ii) and (iii) of this paragraph; for state fiscal year 2014-15,
 $41,400,000 adjusted to include the amount of any changes  made  to  the
 state  fiscal  year  2013-14  appropriation under subparagraphs (ii) and
 (iii) of this paragraph plus any additional  changes  required  by  such
 subparagraphs;  and,  such  reimbursement shall be, subject to appropri-
 ation, for all subsequent state fiscal years in the amount of the  prior
 year's actual appropriation adjusted by any changes required by subpara-
 graphs (ii) and (iii) of this paragraph.
   (ii)  The  reimbursement amounts set forth in subparagraph (i) of this
 paragraph shall be increased or decreased by  the  percentage  that  the
 average  of the most recently approved maximum state aid rates for group
 residential foster care programs is higher or lower than the average  of
 the  approved  maximum state aid rates for group residential foster care

 S. 4157                            34
 
 programs in existence immediately prior to the  most  recently  approved
 rates.
   (iii)  The reimbursement amounts set forth in subparagraph (i) of this
 paragraph shall be increased if either the population of  alleged  juve-
 nile  delinquents who receive a probation intake or the total population
 of adjudicated juvenile delinquents placed on  probation  combined  with
 the  population  of adjudicated juvenile delinquents placed out of their
 homes in a setting other than a  secure  facility  pursuant  to  section
 352.2  of  the  family court act, increases by at least ten percent over
 the respective population in the annual baseline year. The baseline year
 shall be the period from July first, two thousand ten through June thir-
 tieth, two thousand eleven or the most recent twelve  month  period  for
 which  there  is  complete  data, whichever is later. In each successive
 year, the population of the previous July first through  June  thirtieth
 period  shall  be  compared  to  the  baseline  year for determining any
 adjustments to a state fiscal year appropriation. When either population
 increases by ten percent or more, the reimbursement will be adjusted  by
 a  percentage  equal  to the larger of the percentage increase in either
 the number of probation intakes for alleged juvenile delinquents or  the
 total population of adjudicated juvenile delinquents placed on probation
 combined  with the population of adjudicated juvenile delinquents placed
 out of their homes in a setting other than a secure facility pursuant to
 section 352.2 of the family court act.
   (iv) The social services district and/or the New York city  department
 of  probation shall provide an annual report including the data required
 to calculate the population adjustment to the New York  city  office  of
 management and budget, the division of criminal justice services and the
 state  division  of  the budget no later than the first day of September
 following the close of the previous July first  through  June  thirtieth
 period.
   (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
 PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
 EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
 APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
 INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
 SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
 PROVISIONS  IN  A  CHAPTER  OF  THE  LAWS OF TWO THOUSAND SEVENTEEN THAT
 INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   (b)  The  department  of  family  assistance  is  authorized,  in  its
 discretion,  to  make  advances  to a social services district in antic-
 ipation of the state reimbursement provided for in this section.
   (c) A social services  district  shall  conduct  eligibility  determi-
 nations  for  federal and state funding and submit claims for reimburse-
 ment in such form and manner and at such times and for such  periods  as
 the department of family assistance shall determine.
   (d) Notwithstanding any inconsistent provision of law or regulation of
 the  department  of  family assistance, state reimbursement shall not be
 made for any expenditure made for the duplication of any grant or allow-
 ance for any period.
   (e) Claims submitted by a social services district  for  reimbursement
 shall  be  paid after deducting any expenditures defrayed by fees, third
 party reimbursement, and any non-tax levy funds  including  any  donated
 funds.
   (f) The office of children and family services shall not reimburse any
 claims for expenditures for residential services that are submitted more

 S. 4157                            35
 
 than  twenty-two months after the calendar quarter in which the expendi-
 tures were made.
   (g) Notwithstanding any other provision of law, the state shall not be
 responsible  for  reimbursing  a social services district and a district
 shall not seek state reimbursement for any portion of any  state  disal-
 lowance  or  sanction taken against the social services district, or any
 federal disallowance attributable to final federal agency  decisions  or
 to settlements made, when such disallowance or sanction results from the
 failure  of the social services district to comply with federal or state
 requirements, including, but not limited to, failure to document  eligi-
 bility  for the federal or state funds in the case record. To the extent
 that the social services district has sufficient claims other than those
 that are subject to disallowance or sanction to draw down the full annu-
 al appropriation, such disallowance or sanction shall not  result  in  a
 reduction  in payment of state funds to the district unless the district
 requests that the department use a portion of the  appropriation  toward
 meeting  the  district's  responsibility to repay the federal government
 for the disallowance or sanction and any related interest payments.
   (h) Rates for residential services. (i) The office shall establish the
 rates, in accordance with section three hundred ninety-eight-a  of  this
 chapter,  for  any  non-secure  facilities established under an approved
 juvenile justice services close to home initiative. For any such non-se-
 cure facility that  will  be  used  primarily  by  the  social  services
 district  with an approved close to home initiative, final authority for
 establishment of such rates and any  adjustments  thereto  shall  reside
 with  the  office,  but  such rates and any adjustments thereto shall be
 established only upon the request of, and  in  consultation  with,  such
 social services district.
   (ii)  A  social  services  district  with an approved juvenile justice
 services close to home initiative for  juvenile  delinquents  placed  in
 limited  secure  settings  shall  have  the  authority  to establish and
 adjust, on an annual or regular basis,  maintenance  rates  for  limited
 secure  facilities providing residential services under such initiative.
 Such rates shall not be subject  to  the  provisions  of  section  three
 hundred  ninety-eight-a  of this chapter but shall be subject to maximum
 cost limits established by the office of children and family services.
   § 52. Paragraph (a) of subdivision 1 of section 409-a  of  the  social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a)  A social services official shall provide preventive services to a
 child and his or her family, in accordance  with  the  family's  service
 plan  as required by section four hundred nine-e of this chapter and the
 social services district's child welfare  services  plan  submitted  and
 approved pursuant to section four hundred nine-d of this chapter, upon a
 finding  by such official that (i) the child will be placed, returned to
 or continued in foster care unless such services are provided  and  that
 it  is  reasonable  to believe that by providing such services the child
 will be able to remain with or be returned to his or her family, and for
 a former foster care youth under the age of twenty-one who was previous-
 ly placed in the care and custody or custody  and  guardianship  of  the
 local commissioner of social services or other officer, board or depart-
 ment  authorized  to  receive  children  as  public  charges where it is
 reasonable to believe that by providing such services the former  foster
 care  youth  will avoid a return to foster care or (ii) the child is the

 S. 4157                            36
 
 subject of a petition under article seven of the family  court  act,  or
 has  been  determined  by the assessment service established pursuant to
 section two hundred forty-three-a  of  the  executive  law,  or  by  the
 probation  service where no such assessment service has been designated,
 to be at risk of being the subject of such a petition,  and  the  social
 services official determines that the child is at risk of placement into
 foster  care.  Such finding shall be entered in the child's uniform case
 record established and  maintained  pursuant  to  section  four  hundred
 nine-f of this chapter. The commissioner shall promulgate regulations to
 assist social services officials in making determinations of eligibility
 for  mandated  preventive services pursuant to this [subparagraph] PARA-
 GRAPH.
   § 53. Section 30.00 of the penal law, as amended by chapter 481 of the
 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
 is amended to read as follows:
 § 30.00 Infancy.
   1. Except as provided in [subdivision] SUBDIVISIONS two AND  THREE  of
 this  section,  a  person  less than [sixteen] EIGHTEEN years old is not
 criminally responsible for conduct.
   2. A person thirteen, fourteen [or], fifteen,  SIXTEEN,  OR  SEVENTEEN
 years  of  age is criminally responsible for acts constituting murder in
 the second degree as defined in subdivisions  one  and  two  of  section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally  responsible  or  for such conduct as a sexually motivated felony,
 where authorized pursuant to section 130.91  of  [the  penal  law]  THIS
 CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
 of  age  is  criminally  responsible  for  acts  constituting the crimes
 defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
 (arson  in the first degree); subdivisions one and two of section 120.10
 (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
 degree);  subdivisions  one and two of section 130.35 (rape in the first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  140.30  (burglary  in  the  first  degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10  (robbery  in  the  second  degree)  of this chapter; or
 section 265.03 of this chapter, where such machine gun or  such  firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen  of  section 220.00 of this chapter; or defined in this chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or for such conduct as a sexually motivated felony,  where
 authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   3.  A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
 BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION  460.22  (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
 INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
 490.50  (CRIMINAL  USE  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
 SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR  BIOLOGICAL
 WEAPON  IN  THE  FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE
 OFFICER OR A PEACE OFFICER);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE
 FIRST  DEGREE);  215.17  (INTIMIDATING  A VICTIM OR WITNESS IN THE FIRST
 DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE  FIRST  DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF

 S. 4157                            37
 
 TERRORISM  IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
 CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47  (CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   4.  In any prosecution for an offense, lack of criminal responsibility
 by reason of infancy, as defined in this section, is a defense.
   § 54. Subdivision 2 of section 60.02 of the penal law, as  amended  by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2)  If the sentence is to be imposed upon a youthful offender finding
 which has been substituted for a conviction for any  felony,  the  court
 must  impose a sentence authorized to be imposed upon a person convicted
 of a class E felony provided, however,  that  (A)  the  court  must  not
 impose  a sentence of [conditional discharge or] unconditional discharge
 if the youthful offender finding was substituted for a conviction  of  a
 felony defined in article two hundred twenty of this chapter.
   § 55. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:
 § 60.10 Authorized disposition; juvenile offender.
   1.   When a juvenile offender is convicted of a crime, the court shall
 sentence the defendant to imprisonment in accordance with section  70.05
 or  sentence  [him]  THE  DEFENDANT  upon a youthful offender finding in
 accordance with section 60.02 of this chapter.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 Provided, however, that the limitation prescribed by this section  shall
 not  be  deemed  or  construed  to bar use of a conviction of a juvenile
 offender, other than a juvenile offender  who  has  been  adjudicated  a
 youthful  offender  pursuant to section 720.20 of the criminal procedure
 law, as a previous or predicate felony  offender  under  section  70.04,
 70.06,  70.07,  70.08[, or 70.10,] OR 70.80 when sentencing a person who
 commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
 EIGHTEEN.
   § 56. Paragraph (b) of subdivision 2 of section  70.05  of  the  penal
 law,  as  added by chapter 481 of the laws of 1978, is amended and a new
 paragraph (b-1) is added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for the class A felony of kidnapping in the  first  degree]  OTHER  THAN
 MURDER  IN  THE SECOND DEGREE, the term shall be fixed by the court, and
 shall be at least twelve years but shall not exceed fifteen years;
   (B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
 SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS;
   § 57. Paragraph (b) of subdivision 3 of section  70.05  of  the  penal
 law,  as  added by chapter 481 of the laws of 1978, is amended and a new
 subdivision (b-1) is added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for the class A felony of kidnapping in the  first  degree]  OTHER  THAN
 MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be
 fixed  by  the court and shall be not less than four years but shall not
 exceed six years; and
   (B-1) FOR A CLASS A-II FELONY,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT
 SHALL  BE  FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE YEARS BUT
 SHALL NOT EXCEED FIVE YEARS; AND

 S. 4157                            38
 
   § 58. Subdivision 1 of section 70.20 of the penal law, as  amended  by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1.  [(a)] Indeterminate or determinate sentence. Except as provided in
 subdivision four of this section, when an indeterminate  or  determinate
 sentence  of imprisonment is imposed, the court shall commit the defend-
 ant to the custody of the state department of corrections and  community
 supervision  for  the  term of his or her sentence and until released in
 accordance with the law; provided, however, that a  defendant  sentenced
 pursuant to subdivision seven of section 70.06 shall be committed to the
 custody of the state department of corrections and community supervision
 for immediate delivery to a reception center operated by the department.
   [(b) The court in committing a defendant who is not yet eighteen years
 of  age to the department of corrections and community supervision shall
 inquire as to whether the parents or legal guardian of the defendant, if
 present, will grant to the minor the  capacity  to  consent  to  routine
 medical, dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits  a defendant who is not yet eighteen years of age to the custody
 of the department of corrections and community supervision in accordance
 with this section and no medical consent has been obtained prior to said
 commitment, the commitment order shall be deemed to grant  the  capacity
 to  consent  to  routine  medical, dental and mental health services and
 treatment to the person so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an inmate who is not yet eighteen years of  age  from  making  a
 motion  on  notice to the department of corrections and community super-
 vision pursuant to article twenty-two of  the  civil  practice  law  and
 rules  and section one hundred forty of the correction law, objecting to
 routine medical, dental or mental health services  and  treatment  being
 provided  to  such  inmate under the provisions of paragraph (b) of this
 subdivision.
   (e) Nothing in this section shall require  that  consent  be  obtained
 from  the  parent  or  legal  guardian, where no consent is necessary or
 where the defendant is authorized by law to consent on his  or  her  own
 behalf to any medical, dental, and mental health service or treatment.]
   §  58-a. Subdivision d of section 74 of chapter 3 of the laws of 1995,
 enacting the sentencing reform act of 1995, as amended by section 19  of
 part  B of chapter 55 of the laws of 2015, is amended and a new subdivi-
 sion d-1 is added to read as follows:
   d. Sections one-a  through  EIGHT,  TEN  THROUGH  twenty,  twenty-four
 through  twenty-eight,  thirty through thirty-nine, forty-two and forty-
 four of this act shall be deemed repealed on September 1, 2017;
   D-1. SECTION NINE OF THIS ACT SHALL BE DEEMED REPEALED ON SEPTEMBER 1,
 2019;
   § 59. Subdivision 2 of section 70.20 of the penal law, as  amended  by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2.  [(a)] Definite sentence. Except as provided in subdivision four of
 this section, when a definite sentence of imprisonment is  imposed,  the
 court  shall commit the defendant to the county or regional correctional
 institution for the term of his sentence and until released  in  accord-
 ance with the law.
   [(b) The court in committing a defendant who is not yet eighteen years
 of  age  to  the local correctional facility shall inquire as to whether
 the parents or legal guardian of the defendant, if present,  will  grant

 S. 4157                            39

 to  the  minor  the  capacity  to consent to routine medical, dental and
 mental health services and treatment.
   (c) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an  inmate  who is not yet eighteen years of age from making a
 motion on notice to the local correction facility  pursuant  to  article
 twenty-two  of  the civil practice law and rules and section one hundred
 forty of the correction law, objecting to  routine  medical,  dental  or
 mental health services and treatment being provided to such inmate under
 the provisions of paragraph (b) of this subdivision.]
   §  60.  Subdivision 4 of section 70.20 of the penal law, as amended by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   4. (a) Notwithstanding any other provision of law to the  contrary,  a
 juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
 ful offender and given an indeterminate or a definite sentence, AND  WHO
 IS  UNDER  THE  AGE  OF  TWENTY-ONE  AT THE TIME OF SENTENCING, shall be
 committed to the custody of the commissioner of the office  of  children
 and family services who shall arrange for the confinement of such offen-
 der  in  [secure]  facilities  of the office. The release or transfer of
 such offenders from the office of children and family services shall  be
 governed  by  section  five  hundred  eight of the executive law. IF THE
 JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED A YOUTHFUL OFFENDER AND IS
 TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING,  HE  OR  SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
 PERSON WHO IS SENTENCED TO AN INDETERMINATE SENTENCE  AS  AN  ADULT  FOR
 COMMITTING  A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE
 WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND SEVENTEEN TO A
 TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER  THE  AGE  OF
 EIGHTEEN  AT  THE  TIME HE OR SHE IS SENTENCED SHALL BE COMMITTED TO THE
 CUSTODY OF THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  WHO  SHALL  ARRANGE  FOR  THE  CONFINEMENT OF SUCH OFFENDER IN
 FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
 THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY  SECTION
 FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   (b)  The  court in committing [a juvenile offender and youthful offen-
 der] AN OFFENDER UNDER EIGHTEEN YEARS OF  AGE  to  the  custody  of  the
 office  of  children and family services shall inquire as to whether the
 parents or legal guardian of the youth, if present, will consent for the
 office of children and  family  services  to  provide  routine  medical,
 dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits  an offender to the custody of the office of children and family
 services in accordance with this section and no medical consent has been
 obtained prior to said commitment, the commitment order shall be  deemed
 to  grant  consent  for  the  office  of children and family services to
 provide for routine medical,  dental  and  mental  health  services  and
 treatment to the offender so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an offender who is not yet eighteen years of age from making a
 motion on notice to the office of children and family services  pursuant
 to  article  twenty-two of the civil practice law and rules objecting to
 routine medical, dental or mental health services  and  treatment  being
 provided  to such offender under the provisions of paragraph (b) of this
 subdivision.

 S. 4157                            40
 
   (e) Nothing in this section shall require  that  consent  be  obtained
 from  the  parent  or  legal  guardian, where no consent is necessary or
 where the offender is authorized by law to consent on  his  or  her  own
 behalf to any medical, dental and mental health service or treatment.
   §  60-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
 law, as added by chapter 481 of the laws of 1978 and relettered by chap-
 ter 3 of the laws of 1995, is amended to read as follows:
   (f) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile offender for two or more crimes, not including a class A  felo-
 ny,  committed  before  he  has reached the age of sixteen, shall, if it
 exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
 nate  sentences  imposed upon a juvenile offender include a sentence for
 [the] A class A felony [of arson in the first degree or for the class  A
 felony  of  kidnapping  in  the  first  degree] OTHER THAN MURDER IN THE
 SECOND DEGREE, then the aggregate maximum term of such sentences  shall,
 if  it  exceeds  fifteen years, be deemed to be fifteen years. Where the
 aggregate maximum term of two or more consecutive sentences  is  reduced
 by  a calculation made pursuant to this paragraph, the aggregate minimum
 period of imprisonment, if it exceeds one-half of the aggregate  maximum
 term  as  so  reduced,  shall  be deemed to be one-half of the aggregate
 maximum term as so reduced.
   § 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2) a person fourteen [or], fifteen, SIXTEEN OR  SEVENTEEN  years  old
 who  is  criminally responsible for acts constituting the crimes defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree)  and  in  subdivision  three  of  such section provided that the
 underlying crime for the murder charge is one for which such  person  is
 criminally responsible; section 135.25 (kidnapping in the first degree);
 150.20  (arson in the first degree); subdivisions one and two of section
 120.10 (assault in the first degree); 125.20 (manslaughter in the  first
 degree);  subdivisions  one and two of section 130.35 (rape in the first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  140.30  (burglary  in  the  first  degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10  (robbery  in  the  second  degree)  of this chapter; or
 section 265.03 of this chapter, where such machine gun or  such  firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen  of  section 220.00 of this chapter; or defined in this chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or such conduct as  a  sexually  motivated  felony,  where
 authorized  pursuant  to section 130.91 of [the penal law] THIS CHAPTER;
 AND
   (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
 BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION  460.22  (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
 INAL  POSSESSION  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON
 IN  THE  SECOND  DEGREE);  490.55  (CRIMINAL USE OF A CHEMICAL WEAPON OR

 S. 4157                            41
 
 BIOLOGICAL WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT  UPON
 A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN
 THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
 DEGREE);  265.04  (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
 CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42.  "Juvenile offender" means (1) a person, thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25  of  the  penal
 law,  or  such  conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or], fifteen, SIXTEEN OR SEVENTEEN years old who is criminally  respon-
 sible  for  acts constituting the crimes defined in subdivisions one and
 two of section 125.25 (murder in the second degree) and  in  subdivision
 three  of such section provided that the underlying crime for the murder
 charge is one for which such person is criminally  responsible;  section
 135.25  (kidnapping  in  the  first  degree); 150.20 (arson in the first
 degree); subdivisions one and two of  section  120.10  (assault  in  the
 first  degree);  125.20 (manslaughter in the first degree); subdivisions
 one and two of section 130.35 (rape in the first  degree);  subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
 the  first  degree);  subdivision  two of section 160.10 (robbery in the
 second degree) of the penal law; or section 265.03  of  the  penal  law,
 where  such  machine gun or such firearm is possessed on school grounds,
 as that phrase is defined in subdivision fourteen of section  220.00  of
 the  penal  law;  or  defined  in  the penal law as an attempt to commit
 murder in the second degree or kidnapping in the first degree,  or  such
 conduct  as  a  sexually  motivated felony, where authorized pursuant to
 section 130.91 of the penal law; AND (3) A PERSON SIXTEEN  OR  SEVENTEEN
 YEARS  OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES
 DEFINED IN SECTION 460.22  (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25
 (CRIME  OF  TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
 OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50  (CRIMINAL  USE  OF  A
 CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE SECOND DEGREE); 490.55
 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  FIRST
 DEGREE);  120.11  (AGGRAVATED  ASSAULT  UPON A POLICE OFFICER OR A PEACE
 OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST  DEGREE);  215.17
 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL
 POSSESSION  OF  A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A
 FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN  THE
 FIRST  DEGREE);  490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST
 DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR  BIOLOGICAL
 WEAPON  IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON
 OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN  THE

 S. 4157                            42
 
 FIRST  DEGREE);  490.37  (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR
 BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS CHAPTER; OR A FELONY  SEX
 OFFENSE  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80
 OF THIS CHAPTER.
   § 63. The article heading of article 100 of the criminal procedure law
 is amended to read as follows:
                      --COMMENCEMENT OF ACTION IN LOCAL
         CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                  CRIMINAL COURT] ACCUSATORY INSTRUMENTS
   § 63-a. The opening paragraph of section 100.05 of the criminal proce-
 dure law is amended to read as follows:
   A  criminal action is commenced by the filing of an accusatory instru-
 ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER,  THE
 YOUTH  PART  OF THE SUPERIOR COURT, and if more than one such instrument
 is filed in  the  course  of  the  same  criminal  action,  such  action
 commences  when the first of such instruments is filed.  The only way in
 which a criminal action can be commenced in a superior court is  by  the
 filing  therewith  by  a grand jury of an indictment against a defendant
 who has never been held by a local criminal court for the action of such
 grand jury with respect to any  charge  contained  in  such  indictment;
 PROVIDED,  HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST A
 JUVENILE OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF  COMMENCE-
 MENT,  SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF THE
 YOUTH PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE  MAGISTRATE
 DESIGNATED  BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLI-
 CABLE DEPARTMENT TO ACT AS A YOUTH PART.  Otherwise, a  criminal  action
 can be commenced only in a local criminal court, by the filing therewith
 of a local criminal court accusatory instrument, namely:
   § 63-b. The section heading and subdivision 5 of section 100.10 of the
 criminal procedure law are amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; definitions thereof.
   5.  A "felony complaint" is a verified written accusation by a person,
 filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR  COURT,
 charging  one  or  more other persons with the commission of one or more
 felonies.   It serves as a basis for  the  commencement  of  a  criminal
 action, but not as a basis for prosecution thereof.
   §  63-c.  The section heading of section 100.40 of the criminal proce-
 dure law is amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; sufficiency on face.
   §  63-d. The criminal procedure law is amended by adding a new section
 100.60 to read as follows:
 § 100.60 YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENTS;  IN
            WHAT COURTS FILED.
   ANY  YOUTH  PART  OF  THE  SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE
 FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A  PARTICULAR  COUNTY
 WHEN  AN  OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY
 OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
   § 63-e. The article heading of article 110 of the  criminal  procedure
 law is amended to read as follows:
                     --REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   § 63-f. The section heading and subdivisions 1 and 2 of section 110.10
 of the criminal procedure law are amended to read as follows:

 S. 4157                            43
 
   Methods of requiring defendant's appearance in local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT for arraignment; in general.
   1.  After  a  criminal  action  has been commenced in a local criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument therewith, a defendant who has  not  been  arraigned  in  the
 action and has not come under the control of the court may under certain
 circumstances  be  compelled  or required to appear for arraignment upon
 such accusatory instrument by:
   (a)  The issuance and execution of a warrant of arrest, as provided in
 article one hundred twenty; or
   (b)  The issuance and service upon him of a summons,  as  provided  in
 article one hundred thirty; or
   (c)   Procedures provided in articles five hundred sixty, five hundred
 seventy, five hundred eighty, five hundred ninety and  six  hundred  for
 securing  attendance  of  defendants  in criminal actions who are not at
 liberty within the state.
   2.  Although no criminal action against a person has been commenced in
 any court, he may under certain circumstances be compelled  or  required
 to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
 for arraignment upon an accusatory instrument to be filed  therewith  at
 or before the time of his appearance by:
   (a)    An  arrest  made  without a warrant, as provided in article one
 hundred forty; or
   (b)  The issuance and service upon him of  an  appearance  ticket,  as
 provided in article one hundred fifty.
   §  63-g.  Section  110.20 of the criminal procedure law, as amended by
 chapter 843 of the laws of 1980, is amended to read as follows:
 § 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT  accu-
             satory instruments; notice thereof to district attorney.
   When  a  criminal action in which a crime is charged is commenced in a
 local criminal court, other than the criminal court of the city  of  New
 York,  OR  YOUTH  PART  OF  THE SUPERIOR COURT, a copy of the accusatory
 instrument shall be promptly transmitted  to  the  appropriate  district
 attorney  upon or prior to the arraignment of the defendant on the accu-
 satory instrument.   If a police officer  or  a  peace  officer  is  the
 complainant  or  the  filer of a simplified information, or has arrested
 the defendant or brought him before the local criminal  court  OR  YOUTH
 PART  OF THE SUPERIOR COURT on behalf of an arresting person pursuant to
 subdivision one of section 140.20, such  officer  or  his  agency  shall
 transmit  the  copy  of  the  accusatory  instrument  to the appropriate
 district attorney.  In all other cases, the clerk of the court in  which
 the defendant is arraigned shall so transmit it.
   §  63-h.  The  opening paragraph of subdivision 1 of section 120.20 of
 the criminal procedure law, as amended by chapter 506  of  the  laws  of
 2000, is amended to read as follows:
   When a criminal action has been commenced in a local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
 ry  instrument,  other  than a simplified traffic information, against a
 defendant who has not been arraigned upon such accusatory instrument and
 has not come under the control of the court with respect thereto:
   § 63-i. Section 120.30 of the criminal procedure  law  is  amended  to
 read as follows:
 §  120.30  Warrant of arrest; by what courts issuable and in what courts
              returnable.
   1.  A warrant of arrest may be issued only by the local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory

 S. 4157                            44
 
 instrument has been filed, and it may be made returnable in such issuing
 court only.
   2.    The  particular  local criminal court or courts OR YOUTH PART OF
 SUPERIOR COURT with which any particular local criminal court  OR  YOUTH
 PART  OF  THE  SUPERIOR COURT accusatory instrument may be filed for the
 purpose of obtaining a warrant of arrest are determined,  generally,  by
 the provisions of section 100.55 OR 100.60, AS APPLICABLE.  If, however,
 a  particular  accusatory instrument may pursuant to said section 100.55
 be filed with a particular town court and such town court is not  avail-
 able  at  the  time  such instrument is sought to be filed and a warrant
 obtained, such accusatory instrument may be filed with the town court of
 any adjoining town of the same county.  If such instrument may be  filed
 pursuant to said section 100.55 with a particular village court and such
 village  court  is  not  available at the time, it may be filed with the
 town court of the town embracing such village, or if such town court  is
 not  available  either, with the town court of any adjoining town of the
 same county.
   § 63-j. Section 120.55 of the criminal procedure law,  as  amended  by
 section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
 § 120.55  Warrant of arrest; defendant under parole or probation  super-
              vision.
   If  the  defendant  named within a warrant of arrest issued by a local
 criminal court OR YOUTH PART OF  THE  SUPERIOR  COURT  pursuant  to  the
 provisions  of  this  article, or by a superior court issued pursuant to
 subdivision three of section 210.10 of this chapter, is under the super-
 vision of the state department of corrections and community  supervision
 or  a local or state probation department, then a warrant for his or her
 arrest may be executed by a parole officer or  probation  officer,  when
 authorized by his or her probation director, within his or her geograph-
 ical area of employment.  The execution of the warrant by a parole offi-
 cer or probation officer shall be upon the same conditions and conducted
 in  the  same  manner as provided for execution of a warrant by a police
 officer.
   § 63-k. Subdivision 1 of section 120.70 of the criminal procedure  law
 is amended to read as follows:
   1.    A  warrant of arrest issued by a district court, by the New York
 City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
 court judge sitting as a local criminal court may be  executed  anywhere
 in the state.
   §  63-l.  Section  120.90 of the criminal procedure law, as amended by
 chapter 424 of the laws of 1998, subdivision 8 as amended by chapter  96
 of the laws of 2010, is amended to read as follows:
 § 120.90  Warrant of arrest; procedure after arrest.
   1.    Upon arresting a defendant for any offense pursuant to a warrant
 of arrest in the county in which the warrant is  returnable  or  in  any
 adjoining  county,  or  upon  so arresting him for a felony in any other
 county, a police officer, if he be one to whom the warrant is addressed,
 must without unnecessary delay bring  the  defendant  before  the  local
 criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
 is returnable.
   2.    Upon arresting a defendant for any offense pursuant to a warrant
 of arrest in a county adjoining the  county  in  which  the  warrant  is
 returnable, or upon so arresting him for a felony in any other county, a
 police  officer,  if he be one delegated to execute the warrant pursuant
 to section 120.60, must without unnecessary delay deliver the  defendant

 S. 4157                            45
 
 or  cause  him  to be delivered to the custody of the officer by whom he
 was so delegated, and the latter must then proceed as provided in subdi-
 vision one.
   3.    Upon  arresting  a  defendant for an offense other than a felony
 pursuant to a warrant of arrest in a county other than the one in  which
 the  warrant  is returnable or one adjoining it, a police officer, if he
 be one to whom the warrant is addressed, must inform the defendant  that
 he  has a right to appear before a local criminal court of the county of
 arrest for the purpose of being released  on  his  own  recognizance  or
 having bail fixed.  If the defendant does not desire to avail himself of
 such  right,  the officer must request him to endorse such fact upon the
 warrant, and upon such endorsement the officer must without  unnecessary
 delay bring him before the court in which the warrant is returnable.  If
 the  defendant  does  desire  to  avail  himself of such right, or if he
 refuses to make the aforementioned endorsement, the officer must without
 unnecessary delay bring him before a local criminal court of the  county
 of  arrest.    Such court must release the defendant on his own recogni-
 zance or fix bail for his appearance on a specified date in the court in
 which the warrant is returnable.   If the defendant  is  in  default  of
 bail,  the  officer  must without unnecessary delay bring him before the
 court in which the warrant is returnable.
   4.  Upon arresting a defendant for an  offense  other  than  a  felony
 pursuant  to a warrant of arrest in a county other than the one in which
 the warrant is returnable or one adjoining it, a police officer,  if  he
 be  one delegated to execute the warrant pursuant to section 120.60, may
 hold the defendant in custody in the county of arrest for a  period  not
 exceeding  two hours for the purpose of delivering him to the custody of
 the officer by whom he was delegated to execute  such  warrant.  If  the
 delegating officer receives custody of the defendant during such period,
 he  must proceed as provided in subdivision three. Otherwise, the deleg-
 ated officer must inform the defendant that he has  a  right  to  appear
 before  a  local criminal court for the purpose of being released on his
 own recognizance or having bail fixed.  If the defendant does not desire
 to avail himself of such right, the officer must request  him  to  make,
 sign  and  deliver  to  him a written statement of such fact, and if the
 defendant does so, the officer must retain custody of him but must with-
 out unnecessary delay deliver him or cause him to be  delivered  to  the
 custody  of  the delegating police officer. If the defendant does desire
 to avail himself of such right, or if he refuses to make and deliver the
 aforementioned statement, the delegated or arresting officer must  with-
 out  unnecessary  delay  bring  him before a local criminal court of the
 county of arrest and must submit  to  such  court  a  written  statement
 reciting  the material facts concerning the issuance of the warrant, the
 offense involved, and all  other  essential  matters  relating  thereto.
 Upon  the  submission  of  such  statement,  such court must release the
 defendant on his own recognizance or fix bail for his  appearance  on  a
 specified  date in the court in which the warrant is returnable.  If the
 defendant is in default of bail, the officer must retain custody of  him
 but must without unnecessary delay deliver him or cause him to be deliv-
 ered  to  the  custody  of the delegating officer.   Upon receiving such
 custody, the latter must without unnecessary delay bring  the  defendant
 before the court in which the warrant is returnable.
   5.   Whenever a police officer is required pursuant to this section to
 bring an arrested defendant before a town court in which  a  warrant  of
 arrest  is  returnable,  and  if such town court is not available at the
 time, such officer must, if a copy of the underlying accusatory  instru-

 S. 4157                            46
 
 ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
 instead bring such defendant before any village court embraced, in whole
 or in part, by such town, or any local criminal court  of  an  adjoining
 town  or city of the same county or any village court embraced, in whole
 or in part, by such adjoining town. When the court in which the  warrant
 is returnable is a village court which is not available at the time, the
 officer  must  in such circumstances bring the defendant before the town
 court of the town embracing such village  or  any  other  village  court
 within  such  town or, if such town court or village court is not avail-
 able either, before the local criminal court of any town or city of  the
 same county which adjoins such embracing town or, before the local crim-
 inal court of any village embraced in whole or in part by such adjoining
 town.  When the court in which the warrant is returnable is a city court
 which is not available at the time, the officer  must  in  such  circum-
 stances  bring  the  defendant  before  the  local criminal court of any
 adjoining town or village embraced in whole or in part by such adjoining
 town of the same county.
   5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS  SECTION,
 TO  BRING  AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT
 IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF  SUCH  COURT  IS  NOT
 AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
 MOST  ACCESSIBLE  MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   6.  Before bringing a defendant arrested pursuant to a warrant  before
 the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
 warrant  is  returnable, a police officer must without unnecessary delay
 perform all fingerprinting and other preliminary police duties  required
 in  the  particular  case.  In  any  case  in which the defendant is not
 brought by a police officer before such court but, following his  arrest
 in another county for an offense specified in subdivision one of section
 160.10,  is  released  by a local criminal court of such other county on
 his own recognizance or on bail for his appearance on a  specified  date
 before  the local criminal court before which the warrant is returnable,
 the latter court must, upon arraignment  of  the  defendant  before  it,
 direct  that  he  be fingerprinted by the appropriate officer or agency,
 and that he appear at an appropriate designated time and place for  such
 purpose.
   7.  Upon arresting a juvenile offender, the police officer shall imme-
 diately  notify  the  parent or other person legally responsible for his
 care or the person with whom he is domiciled, that the juvenile offender
 has been arrested, and the location of the facility where  he  is  being
 detained.
   8.    Upon  arresting a defendant, other than a juvenile offender, for
 any offense pursuant to a warrant of arrest,  a  police  officer  shall,
 upon  the  defendant's  request,  permit the defendant to communicate by
 telephone provided by the law enforcement facility where  the  defendant
 is held to a phone number located anywhere in the United States or Puer-
 to  Rico, for the purposes of obtaining counsel and informing a relative
 or friend that he or she has been arrested,  unless  granting  the  call
 will  compromise  an  ongoing  investigation  or  the prosecution of the
 defendant.
   § 63-l-1. Subdivision 1 of section 120.90 of  the  criminal  procedure
 law,  as  amended by chapter 492 of the laws of 2016, is amended to read
 as follows:
   1. Upon arresting a defendant for any offense pursuant to a warrant of
 arrest in the county in which  the  warrant  is  returnable  or  in  any

 S. 4157                            47
 
 adjoining  county,  or  upon so arresting him or her for a felony in any
 other county, a police officer, if he or she be one to whom the  warrant
 is  addressed, must without unnecessary delay bring the defendant before
 the  local  criminal  court OR YOUTH PART OF THE SUPERIOR COURT in which
 such warrant is returnable, provided that, where a local criminal  court
 in  the county in which the warrant is returnable hereunder is operating
 an off-hours arraignment part designated in  accordance  with  paragraph
 (w)  of  subdivision  one of section two hundred twelve of the judiciary
 law at the time of defendant's return, such police officer may bring the
 defendant before such local criminal court.
   § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
 as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
 follows:
   1. A summons is a process issued by a local criminal court directing a
 defendant  designated  in  an information, a prosecutor's information, a
 felony complaint or a misdemeanor complaint filed with such court, OR  A
 YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
 FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
 nated  in  an indictment filed with such court, to appear before it at a
 designated future time in connection with  such  accusatory  instrument.
 The sole function of a summons is to achieve a defendant's court appear-
 ance  in a criminal action for the purpose of arraignment upon the accu-
 satory instrument by which such action was commenced.
   § 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
 chapter 506 of the laws of 2000, is amended to read as follows:
 § 130.30 Summons; when issuable.
   A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
 summons  in any case in which, pursuant to section 120.20, it is author-
 ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
 prosecutor's information, a felony complaint or a misdemeanor complaint.
 If  such  information,  prosecutor's  information,  felony  complaint or
 misdemeanor complaint is not sufficient on its  face  as  prescribed  in
 section  100.40,  and if the court is satisfied that on the basis of the
 available facts or evidence it would be impossible to draw and  file  an
 authorized  accusatory  instrument  that  is sufficient on its face, the
 court must dismiss the accusatory instrument. A superior court may issue
 a summons in any case in  which,  pursuant  to  section  210.10,  it  is
 authorized to issue a warrant of arrest based upon an indictment.
   §  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
 is amended by adding a new paragraph (f) to read as follows:
   (F) IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  EIGHTEEN,  SUCH
 PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
 THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
 THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   § 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   6. Upon arresting a juvenile offender without a  warrant,  the  police
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his OR HER care or the person with whom  he  OR  SHE  is
 domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
 CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE  DEFINITION  OF  A
 JUVENILE  OFFENDER  AS  DEFINED  IN  SECTION 30.00 OF THE PENAL LAW, THE

 S. 4157                            48
 
 OFFICER MUST TAKE THE JUVENILE TO A FACILITY  DESIGNATED  BY  THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
 CHILDREN OR, UPON THE CONSENT  OF  A  PARENT  OR  OTHER  PERSON  LEGALLY
 RESPONSIBLE  FOR  THE  CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
 AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.  A  JUVE-
 NILE  SHALL  NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVE-
 NILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVISION,
 IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   § 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
 as  amended  by  chapter  843 of the laws of 1980, is amended to read as
 follows:
   2.  Upon arresting a person without a warrant, a peace officer, except
 as otherwise provided in subdivision  three  OR  THREE-A,  must  without
 unnecessary  delay  bring  him or cause him to be brought before a local
 criminal court, as provided in section 100.55  and  subdivision  one  of
 section  140.20,  and must without unnecessary delay file or cause to be
 filed therewith an appropriate accusatory instrument.   If  the  offense
 which is the subject of the arrest is one of those specified in subdivi-
 sion  one  of  section 160.10, the arrested person must be fingerprinted
 and photographed as therein provided.  In order to execute the  required
 post-arrest  functions,  such  arresting  peace officer may perform such
 functions himself or he may enlist the aid of a police officer  for  the
 performance thereof in the manner provided in subdivision one of section
 140.20.
   §  64-b.  Section  140.27  of the criminal procedure law is amended by
 adding a new subdivision 3-a to read as follows:
   3-A. IF THE ARREST IS FOR A PERSON UNDER THE  AGE  OF  EIGHTEEN,  SUCH
 PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
 THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
 THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   § 65. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   5.  Upon arresting a juvenile offender without a  warrant,  the  peace
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his care or the person with whom he OR SHE is domiciled,
 that the juvenile offender has been arrested, and the  location  of  the
 facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
 THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER
 EIGHTEEN  YEARS  OF  AGE  WHO  FITS  WITHIN THE DEFINITION OF A JUVENILE
 OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE  OFFICER  MUST
 TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
 THE  COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON

 S. 4157                            49
 
 THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
 OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION  HIM  OR
 HER  FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED
 PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
 NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    If  a  police  officer  takes an arrested juvenile offender into
 custody, the police officer shall immediately notify the parent or other
 person legally responsible for his OR HER care or the person  with  whom
 he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
 and the location of the facility where he OR SHE is being detained.   IF
 THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
 OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
 DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
 PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
 THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
 TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
 RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
 A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
 JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
 SION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  66-a.  Section  150.40  of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER,  ANY  UNIFORM
 TRAFFIC  TICKET  ISSUED  TO  A  PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE
 PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
 OR ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE  RETURNABLE
 TO  THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS BUREAU
 HAVING JURISDICTION.

 S. 4157                            50
 
   § 67. The criminal procedure law is amended by adding  a  new  section
 160.56 to read as follows:
 § 160.56 SEALING OF CERTAIN CONVICTIONS.
   1.  DEFINITIONS:  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE  LAWS  OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY  OF  THE  PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-
 THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE  HUNDRED
 TWENTY-FIVE  OF  THE  PENAL  LAW,  A  VIOLENT  FELONY OFFENSE DEFINED IN
 SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN  THE
 PENAL  LAW  OTHER  THAN  A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
 HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
 A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF  THE  CORRECTION
 LAW.  FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
 OF  MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMI-
 NAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10  OF  THIS
 CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
   2.  A  DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE OFFENSES
 BUT NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH  HE
 OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION
 OR  CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLAS-
 SIFICATION, THE PETITION SHALL BE  FILED  IN  THE  COURT  IN  WHICH  THE
 DEFENDANT  WAS  LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE COURT MAY
 ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROS-
 ECUTION AND CONVICTION FOR THE DEFENDANT'S PRIOR  ELIGIBLE  OFFENSES  BE
 CONDITIONALLY SEALED WHEN:
   (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
 CRIMES  SEALED  UNDER  SECTION  160.58  OF  THIS CHAPTER, OTHER THAN THE
 ELIGIBLE OFFENSES;
   (B) FOR A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE:  THE  ENTRY
 OF  THE  JUDGMENT  OR,  IF  THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
 DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCARCERATION
 IMPOSED  IN  CONJUNCTION  WITH  A  SENTENCE  OF PROBATION OR CONDITIONAL
 DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
 TIONAL DISCHARGE, OR IF THE DEFENDANT WAS  SENTENCED  TO  INCARCERATION,
 THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
   (C)  FOR  AN  ELIGIBLE FELONY, AT LEAST THREE YEARS HAVE PASSED SINCE:
 THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
 TIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF  INCAR-
 CERATION  IMPOSED  IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDI-
 TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
 CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED  TO  INCARCERA-
 TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
 EST; AND
   (D)  THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE DIVISION
 OF CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU  OF  INVESTIGATION  A
 FINGERPRINT  BASED  CRIMINAL  HISTORY RECORD OF THE DEFENDANT, INCLUDING
 ANY SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES  SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
 FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY  INFORMA-
 TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
 AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
 TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
 THESE RECORDS;

 S. 4157                            51
 
   (E)  THE  DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
 OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
   (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
 THE  ELIGIBLE  CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH DOCUMENTA-
 TION IS REASONABLY AVAILABLE,  A  SWORN  AFFIDAVIT  THAT  THE  SENTENCES
 IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
   (G)  THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
 IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT  TO
 WHICH  SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR SUCH
 OFFENSES, THAT THE COURT IS  CONSIDERING  SEALING  THE  RECORDS  OF  THE
 DEFENDANT'S  ELIGIBLE  CONVICTIONS.  BOTH  THE DISTRICT ATTORNEY AND THE
 COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY,  WHICH  SHALL  BE  UP  TO
 THIRTY  DAYS,  IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID THE COURT
 IN MAKING SUCH A DETERMINATION.  WHEN  THE  COURT  NOTIFIES  A  DISTRICT
 ATTORNEY  OF  A SEALING APPLICATION, THE DISTRICT ATTORNEY SHALL PROVIDE
 NOTICE TO THE VICTIM, IF ANY, OF  THE  SEALING  APPLICATION  BY  MAILING
 WRITTEN  NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF THIS
 SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL  OR  FINAN-
 CIAL  INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME OR
 CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
 ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
 ANT'S PETITION; AND
   (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
   3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
 TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT  OF  THE
 SEALING  APPLICATION,  THE  COURT  MAY CONDUCT A HEARING TO CONSIDER AND
 REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID  THE
 COURT  IN  ITS  DECISION  WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
 ARRESTS, PROSECUTIONS AND CONVICTIONS. IN MAKING SUCH  A  DETERMINATION,
 THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
 TO:
   (A)  THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
 RESULTED IN THE CONVICTION OR CONVICTIONS;
   (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
 ER HAS TAKEN SINCE THE TIME OF THE  OFFENSE  TOWARD  PERSONAL  REHABILI-
 TATION,  INCLUDING  TREATMENT,  WORK,  SCHOOL, OR OTHER PERSONAL HISTORY
 THAT DEMONSTRATES REHABILITATION;
   (C) THE DEFENDANT'S CRIMINAL HISTORY;
   (D) THE IMPACT OF SEALING THE DEFENDANT'S  RECORDS  UPON  HIS  OR  HER
 REHABILITATION  AND  HIS  OR  HER  SUCCESSFUL AND PRODUCTIVE REENTRY AND
 REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
   (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
 FACT A VICTIM OF THE CRIME.
   4. WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL  OFFICIAL
 RECORDS   AND   PAPERS   RELATING  TO  THE  ARRESTS,  PROSECUTIONS,  AND
 CONVICTIONS, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON  FILE  WITH
 THE  DIVISION  OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED
 AND NOT MADE AVAILABLE TO  ANY  PERSON  OR  PUBLIC  OR  PRIVATE  AGENCY;
 PROVIDED,  HOWEVER,  THE  DIVISION  SHALL RETAIN ANY FINGERPRINTS, PALM-
 PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
   5. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION,  THE  CLERK
 OF  SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
 OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
 FOR AN OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED,  REGARDING  THE
 RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
   6. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:

 S. 4157                            52
 
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B)  QUALIFIED  AGENCIES,  AS  DEFINED  IN SUBDIVISION NINE OF SECTION
 EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND  FEDERAL  AND  STATE
 LAW  ENFORCEMENT  AGENCIES,  WHEN  ACTING  WITHIN THE SCOPE OF THEIR LAW
 ENFORCEMENT DUTIES;
   (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
 ISSUANCE  OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
 TION FOR SUCH A LICENSE;
   (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
 THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
 SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR  EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
 OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; OR
   (E)  THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
 BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING  TO  QUERIES  TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO  PURCHASE  OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
 USC 921 (A) (3).
   10. IF, WITHIN TEN YEARS FOLLOWING THE ENTRY OF THE  JUDGMENT  OR,  IF
 THE  DEFENDANT  WAS  SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF
 PROBATION, INCLUDING A PERIOD OF INCARCERATION  IMPOSED  IN  CONJUNCTION
 WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF
 THE  DEFENDANT'S  TERM  OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE
 DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S  RELEASE  FROM
 INCARCERATION,  THE  PERSON  WHO  IS  THE SUBJECT OF SUCH RECORDS SEALED
 PURSUANT TO THIS SECTION IS ARRESTED FOR OR FORMALLY  CHARGED  WITH  ANY
 MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
 LY  AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW MISDEMEANOR
 OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR  OF  THE  ACCUSED  AS
 DEFINED  IN  SUBDIVISION  THREE  OF SECTION 160.50 OF THIS ARTICLE OR BY
 CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55  OF
 THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
 ANT TO THIS SECTION.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION AS PART OF  A  PLEA  OF
 GUILTY,  SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGI-
 BLE OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID  AND  WHOLLY  UNEN-
 FORCEABLE.
   §  68. Section 180.75 of the criminal procedure law, as added by chap-
 ter 481 of the laws of 1978, paragraph (b) of subdivision 3  as  amended
 by  chapter 920 of the laws of 1982, subdivision 4 as amended by chapter
 264 of the laws of 2003, and subdivisions 5 and 6 as  added  by  chapter
 411 of the laws of 1979, is amended to read as follows:
 § 180.75 Proceedings upon felony complaint; juvenile offender.
   1.  When  THE  YOUTH  PART OF A SUPERIOR COURT IS NOT IN SESSION AND a
 juvenile offender is arraigned before [a local criminal court] THE  MOST
 ACCESSIBLE  MAGISTRATE  DESIGNATED  BY  THE  APPELLATE  DIVISION  OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH  PART,  the
 provisions  of  this  section  shall  apply in lieu of the provisions of
 sections 180.30, 180.50 and 180.70 of this article.
   2. [If] WHETHER OR NOT the defendant waives a hearing upon the  felony
 complaint,  the  court  must  [order  that the defendant be held for the
 action of the grand jury of the appropriate superior court with  respect

 S. 4157                            53

 to the charge or charges contained in the felony complaint] TRANSFER THE
 ACTION  TO THE YOUTH PART OF THE SUPERIOR COURT.  In such case the court
 must promptly transmit to such YOUTH PART  OF  THE  superior  court  the
 order,  the  felony  complaint, the supporting depositions and all other
 pertinent documents.  Until such papers are received by the  YOUTH  PART
 OF  THE  superior court, the action is deemed to be still pending in the
 [local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   3. If there be a hearing, then at the conclusion of the  hearing,  the
 court must dispose of the felony complaint as follows:
   (a) If there is reasonable cause to believe that the defendant commit-
 ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
 criminally responsible, the court must order that the defendant be  held
 for the action of a grand jury of the appropriate superior court; or
   (b)  If  there  is  not reasonable cause to believe that the defendant
 committed a crime for which a person under the age  of  [sixteen]  EIGH-
 TEEN, is criminally responsible but there is reasonable cause to believe
 that  the defendant is a "juvenile delinquent" as defined in subdivision
 one of section 301.2 of the family court act, the court must specify the
 act or acts it found reasonable cause to believe the defendant  did  and
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter; or
   (c)  If  there  is  not reasonable cause to believe that the defendant
 committed any criminal act, the court must dismiss the felony  complaint
 and  discharge  the defendant from custody if he is in custody, or if he
 is at liberty on bail, it must exonerate the bail.
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, [a local criminal] THE court shall, at the request of the
 district attorney, order removal of an action against a juvenile  offen-
 der  to  the  family  court  pursuant to the provisions of article seven
 hundred twenty-five of this chapter if, upon consideration of the crite-
 ria specified in subdivision two of section 210.43 of this  chapter,  it
 is  determined  that  to  do  so  would  be in the interests of justice.
 Where, however, the felony complaint charges the juvenile offender  with
 murder  in  the  second degree as defined in section 125.25 of the penal
 law, rape in the first degree as defined in subdivision one  of  section
 130.35  of  the  penal  law,  criminal sexual act in the first degree as
 defined in subdivision one of section 130.50 of the  penal  law,  or  an
 armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
 section 1.20 of this  chapter,  a  determination  that  such  action  be
 removed  to the family court shall, in addition, be based upon a finding
 of one or more of the following factors:  (i)  mitigating  circumstances
 that  bear directly upon the manner in which the crime was committed; or
 (ii) where the defendant was not the sole participant in the crime,  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the prosecution; or (iii) possible  deficien-
 cies in proof of the crime.
   5.  Notwithstanding the provisions of subdivision two, three, or four,
 if a currently undetermined felony complaint against a juvenile offender
 is pending [in a local criminal court], and the defendant has not waived
 a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
 sion three has not commenced, the defendant may move in the  YOUTH  PART
 OF THE superior court which would exercise the trial jurisdiction of the
 offense  or  offenses  charged were an indictment therefor to result, to
 remove the action to family court. The procedural rules of  subdivisions
 one and two of section 210.45 of this chapter are applicable to a motion

 S. 4157                            54
 
 pursuant  to  this  subdivision.  Upon such motion, the [superior] court
 [shall be authorized to sit as a local criminal court  to  exercise  the
 preliminary jurisdiction specified in subdivisions two and three of this
 section,  and]  shall  proceed  and  determine the motion as provided in
 section 210.43 of this chapter; provided, however,  that  the  exception
 provisions  of  paragraph  (b) of subdivision one of such section 210.43
 shall not apply when there is not reasonable cause to believe  that  the
 juvenile  offender committed one or more of the crimes enumerated there-
 in, and in such event the provisions  of  paragraph  (a)  thereof  shall
 apply.
   6.  (a)  If the court orders removal of the action to family court, it
 shall state on the record the factor or factors upon which its  determi-
 nation  is  based,  and  the court shall give its reasons for removal in
 detail and not in conclusory terms.
   (b) the district attorney shall state upon the record the reasons  for
 his  consent  to  removal  of  the action to the family court where such
 consent is required. The reasons shall be stated in detail  and  not  in
 conclusory terms.
   (c)  For the purpose of making a determination pursuant to subdivision
 four or five, the court may make such inquiry as it deems necessary. Any
 evidence which is not legally  privileged  may  be  introduced.  If  the
 defendant  testifies, his testimony may not be introduced against him in
 any future proceeding, except to impeach his testimony  at  such  future
 proceeding as inconsistent prior testimony.
   (d)  Where  a motion for removal by the defendant pursuant to subdivi-
 sion five has been denied, no further motion pursuant to this section or
 section 210.43 of this chapter may be made by the juvenile offender with
 respect to the same offense or offenses.
   (e) Except as provided by paragraph (f), this  section  shall  not  be
 construed to limit the powers of the grand jury.
   (f)  Where  a motion by the defendant pursuant to subdivision five has
 been granted, there shall be no further proceedings against the juvenile
 offender in any local or superior criminal  court  INCLUDING  THE  YOUTH
 PART  OF  THE  SUPERIOR COURT for the offense or offenses which were the
 subject of the removal order.
   § 68-a. The opening paragraph of section 180.80 of the criminal proce-
 dure law, as amended by chapter 556 of the laws of 1982, is  amended  to
 read as follows:
   Upon  application  of  a defendant against whom a felony complaint has
 been filed with a local criminal court OR THE YOUTH PART OF  A  SUPERIOR
 COURT,  and who, since the time of his arrest or subsequent thereto, has
 been held in custody pending disposition of such felony  complaint,  and
 who  has  been  confined  in  such custody for a period of more than one
 hundred twenty hours or, in the event that a Saturday, Sunday  or  legal
 holiday  occurs during such custody, one hundred forty-four hours, with-
 out either a disposition of the felony complaint or  commencement  of  a
 hearing  thereon, the [local criminal] court must release him on his own
 recognizance unless:
   § 69. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
 procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of
 2007, subdivision (b) as added by chapter 481 of the laws of  1978,  are
 amended to read as follows:
   (a)  Except  as  provided in subdivision six of section 200.20 of this
 chapter, a grand jury may not indict (i) a person thirteen years of  age
 for any conduct or crime other than conduct constituting a crime defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second

 S. 4157                            55
 
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
 [or],  fifteen,  SIXTEEN  OR  SEVENTEEN  years of age for any conduct or
 crime  other  than  conduct constituting a crime defined in subdivisions
 one and two of section 125.25 (murder  in  the  second  degree)  and  in
 subdivision three of such section provided that the underlying crime for
 the  murder  charge is one for which such person is criminally responsi-
 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
 degree); subdivisions one and two of  section  120.10  (assault  in  the
 first  degree);  125.20 (manslaughter in the first degree); subdivisions
 one and two of section 130.35 (rape in the first  degree);  subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
 the  first  degree);  subdivision  two of section 160.10 (robbery in the
 second degree) of the penal law; subdivision four of section  265.02  of
 the  penal  law,  where  such firearm is possessed on school grounds, as
 that phrase is defined in subdivision fourteen of section 220.00 of  the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such  firearm  is possessed on school grounds, as that phrase is defined
 in subdivision fourteen of section 220.00 of the penal law;  or  defined
 in  the penal law as an attempt to commit murder in the second degree or
 kidnapping in the first degree, or such conduct as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 AND (III) A PERSON SIXTEEN OR  SEVENTEEN  YEARS  OF  AGE  IS  CRIMINALLY
 RESPONSIBLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM);  490.45
 (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
 FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON  OR  BIOLOGICAL
 WEAPON  IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON
 OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);  120.11  (AGGRAVATED  ASSAULT
 UPON   A   POLICE  OFFICER  OR  A  PEACE  OFFICER);  125.22  (AGGRAVATED
 MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A  VICTIM  OR
 WITNESS);  265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
 CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   (b)  A grand jury may vote to file a request to remove a charge to the
 family court if it finds that a person [thirteen, fourteen  or  fifteen]
 SEVENTEEN  years of age OR YOUNGER did an act which, if done by a person
 over the age of [sixteen] EIGHTEEN, would constitute  a  crime  provided
 (1)  such act is one for which it may not indict; (2) it does not indict
 such person for a crime; and (3)  the  evidence  before  it  is  legally
 sufficient  to establish that such person did such act and competent and
 admissible evidence before it provides reasonable cause to believe  that
 such person did such act.
   §  70.  Subdivision 6 of section 200.20 of the criminal procedure law,
 as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
 follows:

 S. 4157                            56
 
   6.  Where an indictment charges at least one offense against a defend-
 ant who was under the age of [sixteen]  EIGHTEEN  at  the  time  of  the
 commission of the crime and who did not lack criminal responsibility for
 such crime by reason of infancy, the indictment may, in addition, charge
 in  separate  counts  one  or  more other offenses for which such person
 would not have been criminally responsible by reason of infancy, if:
   (a) the offense for which the defendant is criminally responsible  and
 the  one  or more other offenses for which he OR SHE would not have been
 criminally responsible by reason of infancy are based upon the same  act
 or upon the same criminal transaction, as that term is defined in subdi-
 vision two of section 40.10 of this chapter; or
   (b)  the  offenses  are  of such nature that either proof of the first
 offense would be material and admissible as evidence  in  chief  upon  a
 trial of the second, or proof of the second would be material and admis-
 sible as evidence in chief upon a trial of the first.
   §  71.  Subdivision 1 of section 210.43 of the criminal procedure law,
 as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1. After a motion by a juvenile offender, pursuant to subdivision five
 of section 180.75 of this chapter, or after arraignment  of  a  juvenile
 offender  upon an indictment, the YOUTH PART OF A superior court may, on
 motion of any party or on its own motion:
   (a) except as otherwise provided by paragraph  (b)  OF  THIS  SECTION,
 order  removal  of  the  action  to  the  family  court  pursuant to the
 provisions of article seven hundred twenty-five  of  this  chapter,  if,
 after  consideration of the factors set forth in subdivision two of this
 section, the court determines that to do so would be in the interests of
 justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
 REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF  ROBBERY  IN
 THE  SECOND  DEGREE  AS  DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF
 THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
 EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
 OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM  IN  OPPO-
 SITION  SUBMITTED  BY  THE  DISTRICT  ATTORNEY THAT BEAR DIRECTLY ON THE
 MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
   (b) [with the consent] AFTER CONSIDERATION OF  THE  RECOMMENDATION  of
 the  district  attorney, order removal of an action involving an indict-
 ment charging a juvenile offender with murder in the  second  degree  as
 defined in section 125.25 of the penal law; rape in the first degree, as
 defined  in subdivision one of section 130.35 of the penal law; criminal
 sexual act in the first degree, as defined in subdivision one of section
 130.50 of the penal law; or an armed felony as defined in paragraph  (a)
 of  subdivision  forty-one of section 1.20, to the family court pursuant
 to the provisions of article seven hundred twenty-five of  this  chapter
 if  the court finds one or more of the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  (ii) where the defendant was not the sole participant in the
 crime, the defendant's participation was relatively minor  although  not
 so  minor as to constitute a defense to the prosecution; or (iii) possi-
 ble deficiencies in the proof of the crime, and, after consideration  of
 the  factors  set  forth  in  subdivision two of this section, the court
 determined that removal of the action to the family court  would  be  in
 the interests of justice.
   § 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
 procedure  law,  as amended by chapter 410 of the laws of 1979, subpara-
 graph (iii) as amended by chapter 264 of the laws of  2003,  the  second

 S. 4157                            57
 
 undesignated paragraph as amended by chapter 920 of the laws of 1982 and
 the  closing paragraph as amended by chapter 411 of the laws of 1979, is
 amended to read as follows:
   (g)  Where  the  defendant  is  a juvenile offender, the provisions of
 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
 any plea entered pursuant to subdivision three or four of this  section,
 must be as follows:
   (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
 SIXTEEN, OR SEVENTEEN years old with the crime of murder in  the  second
 degree  any plea of guilty entered pursuant to subdivision three or four
 must be a plea of guilty of a crime for which the defendant is criminal-
 ly responsible;
   (ii) If the indictment does not charge a crime specified  in  subpara-
 graph (i) of this paragraph, then any plea of guilty entered pursuant to
 subdivision  three or four of this section must be a plea of guilty of a
 crime for which the defendant is criminally responsible unless a plea of
 guilty is accepted pursuant to subparagraph (iii) of this paragraph;
   (iii) Where the indictment  does  not  charge  a  crime  specified  in
 subparagraph  (i) of this paragraph, the district attorney may recommend
 removal of the action to the family court. Upon making such  recommenda-
 tion  the  district  attorney [shall] MAY submit a subscribed memorandum
 setting forth: (1) a recommendation that the interests of justice  would
 best  be served by removal of the action to the family court; and (2) if
 the indictment charges a thirteen year old with the crime of  murder  in
 the  second  degree,  or  a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
 year old with the crimes of rape in  the  first  degree  as  defined  in
 subdivision  one  of section 130.35 of the penal law, or criminal sexual
 act in the first degree as defined in subdivision one of section  130.50
 of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
 subdivision forty-one of section 1.20 of this chapter specific  factors,
 one  or  more  of which reasonably supports the recommendation, showing,
 (i) mitigating circumstances that bear directly upon the manner in which
 the crime was committed, or (ii) where the defendant was  not  the  sole
 participant  in  the crime, that the defendant's participation was rela-
 tively minor although not so minor as to constitute  a  defense  to  the
 prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
 (iv) where the juvenile offender has no previous adjudications of having
 committed a designated felony act, as defined in  subdivision  eight  of
 section  301.2  of  the  family  court act, regardless of the age of the
 offender at the time of commission of the act, that the criminal act was
 not part of a pattern of criminal behavior and, in view of  the  history
 of the offender, is not likely to be repeated.
   If  the court is of the opinion based on specific factors set forth in
 [the district attorney's memorandum] THIS SUBPARAGRAPH that  the  inter-
 ests  of  justice  would  best be served by removal of the action to the
 family court, a plea of guilty of a crime or act for which the defendant
 is not criminally responsible may be  entered  pursuant  to  subdivision
 three  or  four of this section, except that a thirteen year old charged
 with the crime of murder in the second degree may only plead to a desig-
 nated felony act, as defined in subdivision eight of  section  301.2  of
 the family court act.
   Upon  accepting  any such plea, the court must specify upon the record
 the portion or portions of the district attorney's statement  the  court
 is  relying  upon  as  the basis of its opinion and that it believes the
 interests of justice would best be served by removal of  the  proceeding
 to  the  family  court.  Such plea shall then be deemed to be a juvenile

 S. 4157                            58
 
 delinquency fact determination and the court  upon  entry  thereof  must
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter.
   §  72-a.  Section  330.25  of  the criminal procedure law, as added by
 chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
 920 of the laws of 1982, is amended to read as follows:
 § 330.25 Removal after verdict.
   1. Where a defendant  is  a  juvenile  offender  who  does  not  stand
 convicted  of  murder  in  the  second  degree, upon motion and with the
 consent of the district attorney, the action may be removed to the fami-
 ly court in the interests of justice pursuant to article  seven  hundred
 twenty-five of this chapter notwithstanding the verdict.
   2.  If the district attorney consents to the motion for removal pursu-
 ant to this section, [he shall file a  subscribed  memorandum  with  the
 court setting forth (1) a recommendation that] THE COURT, IN DETERMINING
 THE  MOTION, SHALL CONSIDER:  (1) WHETHER the interests of justice would
 best be served by removal of the action to the family court; and (2)  if
 the  conviction  is of an offense set forth in paragraph (b) of subdivi-
 sion one of section 210.43 of this  chapter,  WHETHER  specific  factors
 EXIST, one or more of which reasonably [support] SUPPORTS the [recommen-
 dation] MOTION, showing, (i) mitigating circumstances that bear directly
 upon  the  manner  in  which  the crime was committed, or (ii) where the
 defendant was not the sole participant in the crime,  that  the  defend-
 ant's  participation  was  relatively  minor although not so minor as to
 constitute a defense to prosecution, or (iii) where the juvenile  offen-
 der has no previous adjudications of having committed a designated felo-
 ny  act,  as defined in subdivision eight of section 301.2 of the family
 court act, regardless of the age of the offender at the time of  commis-
 sion  of  the  act,  that  the criminal act was not part of a pattern of
 criminal behavior and, in view of the history of the  offender,  is  not
 likely to be repeated.
   3.  If  the  court  is of the opinion, based upon the specific factors
 [set forth in the district attorney's memorandum] SHOWN  TO  THE  COURT,
 that  the  interests  of  justice would best be served by removal of the
 action to the family court, the verdict shall be set aside and a plea of
 guilty of a crime or act for  which  the  defendant  is  not  criminally
 responsible  may  be  entered  pursuant  to subdivision three or four of
 section 220.10 of this chapter. Upon accepting any such plea, the  court
 must  specify  upon  the record the [portion or portions of the district
 attorney's statement] FACTORS the court is relying upon as the basis  of
 its  opinion and that it believes the interests of justice would best be
 served by removal of the proceeding to the  family  court.    Such  plea
 shall then be deemed to be a juvenile delinquency fact determination and
 the  court  upon entry thereof must direct that the action be removed to
 the family court in accordance with  the  provisions  of  article  seven
 hundred twenty-five of this chapter.
   § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
 as  amended  by  chapter  652 of the laws of 2008, is amended to read as
 follows:
   2. Warrant. (A) Where the  probation  officer  has  requested  that  a
 probation  warrant  be issued, the court shall, within seventy-two hours
 of its receipt of the request, issue or deny the  warrant  or  take  any
 other lawful action including issuance of a notice to appear pursuant to
 subdivision  one  of this section. If at any time during the period of a
 sentence of probation or of conditional discharge the court has  reason-
 able  grounds  to believe that the defendant has violated a condition of

 S. 4157                            59
 
 the sentence, the court may issue a warrant to a police officer or to an
 appropriate peace officer directing him or her  to  take  the  defendant
 into  custody  and bring the defendant before the court without unneces-
 sary  delay;  provided,  however,  if  the court in which the warrant is
 returnable is a superior court, and such court is not available, and the
 warrant is addressed to a police officer or appropriate probation  offi-
 cer  certified  as  a  peace  officer, such executing officer may UNLESS
 OTHERWISE SPECIFIED UNDER PARAGRAPH  (B)  OF  THIS  SECTION,  bring  the
 defendant to the local correctional facility of the county in which such
 court  sits,  to be detained there until not later than the commencement
 of the next session of such court occurring on the next business day; or
 if the court in which the warrant is  returnable  is  a  local  criminal
 court,  and such court is not available, and the warrant is addressed to
 a police officer or appropriate probation officer certified as  a  peace
 officer, such executing officer must without unnecessary delay bring the
 defendant  before  an  alternate  local  criminal  court, as provided in
 subdivision five of section 120.90 of this chapter. A court which issues
 such a warrant may attach  thereto  a  summary  of  the  basis  for  the
 warrant.  In  any  case  where  a defendant arrested upon the warrant is
 brought before a local criminal court other than the court in which  the
 warrant  is  returnable,  such  local criminal court shall consider such
 summary before issuing a securing order with respect to the defendant.
   (B) IF THE COURT IN WHICH THE WARRANT  IS  RETURNABLE  IS  A  SUPERIOR
 COURT,  AND  SUCH  COURT  AND  ITS  YOUTH PART IS NOT AVAILABLE, AND THE
 WARRANT IS ADDRESSED TO A POLICE OFFICER OR APPROPRIATE PROBATION  OFFI-
 CER  CERTIFIED AS A PEACE OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE A
 DEFENDANT IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS  AN
 OFFENSE  OR A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE
 IMPOSED FOR AN OFFENSE, BRING THE  DEFENDANT  TO  A  JUVENILE  DETENTION
 FACILITY,  TO  BE DETAINED THERE UNTIL BROUGHT WITHOUT UNNECESSARY DELAY
 BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVI-
 SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
 PART.
   §  73.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   (A) A person who has been  taken  into  custody  pursuant  to  section
 410.40 or section 410.50 of this article for violation of a condition of
 a  sentence  of  probation  or  a sentence of conditional discharge must
 forthwith be brought before the court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit him OR HER to the custody of the sheriff or  fix
 bail  or  release  such person on his OR HER own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that such person has violated a  condition  of  the  sentence,  it  must
 direct that he OR SHE be released.
   (B)  A  JUVENILE  OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
 SECTION 410.40 OR SECTION 410.50 OF THIS  ARTICLE  FOR  VIOLATION  OF  A
 CONDITION  OF  A  SENTENCE  OF  PROBATION  OR  A SENTENCE OF CONDITIONAL
 DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT  THAT  IMPOSED  THE
 SENTENCE.    WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN

 S. 4157                            60
 
 FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS  A  WARRANT
 BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
 DAYS  OF  THE  COURT'S  ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
 IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS  OF  AGE  TO
 THE  CUSTODY  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
 OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
 ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF  THIS
 ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVENILE TO
 BE  DETAINED  FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A
 CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT  THE
 JUVENILE  POSES  A  SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE USE  OF  GRADUATED
 SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED.
   §  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   5.  Revocation;  modification;  continuation. (A) At the conclusion of
 the hearing the court may revoke, continue or  modify  the  sentence  of
 probation   or  conditional  discharge.  Where  the  court  revokes  the
 sentence, it must impose sentence as specified in subdivisions three and
 four of section 60.01 of the penal law. Where  the  court  continues  or
 modifies the sentence, it must vacate the declaration of delinquency and
 direct  that  the  defendant  be  released.  If the alleged violation is
 sustained and the court continues  or  modifies  the  sentence,  it  may
 extend the sentence up to the period of interruption specified in subdi-
 vision  two  of  section  65.15  of the penal law, but any time spent in
 custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
 pursuant  to  section 410.40 OR 410.60 of this article shall be credited
 against the term of the sentence.  Provided further, where  the  alleged
 violation is sustained and the court continues or modifies the sentence,
 the  court  may  also extend the remaining period of probation up to the
 maximum term authorized by section 65.00 of  the  penal  law.  Provided,
 however,  a  defendant shall receive credit for the time during which he
 or she was supervised under the original probation sentence prior to any
 declaration of delinquency and for any time spent in custody pursuant to
 this article for an alleged violation of probation.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING  HEREIN
 SHALL  AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
 TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT  UNLESS
 THE  COURT  DETERMINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT
 THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE  FINDING  ON  THE
 RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
 SUCCESS.
   §  75.  The  criminal procedure law is amended by adding a new section
 410.90-a to read as follows:
 § 410.90-A SUPERIOR COURT; YOUTH PART.
   NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL  PROCEEDINGS
 RELATING  TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE
 SUPERIOR COURT HAVING JURISDICTION AND ANY  INTRASTATE  TRANSFERS  UNDER
 THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
 TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.

 S. 4157                            61
 
   §  76.  Section  510.15  of  the criminal procedure law, as amended by
 chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
 as follows:
 § 510.15 Commitment of principal under [sixteen] EIGHTEEN.
   1.  When  a  principal  who is under the age of [sixteen] EIGHTEEN, is
 committed to the custody of the sheriff the court must direct  that  the
 principal  be  taken  to  and  lodged  in a place certified by the state
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
 nile  detention  facility  for  the reception of children.  Where such a
 direction is made the sheriff shall deliver the principal in  accordance
 therewith and such person shall although lodged and cared for in a juve-
 nile  detention  facility  continue to be deemed to be in the custody of
 the sheriff.  No principal under the age [of sixteen] SPECIFIED to  whom
 the  provisions of this section may apply shall be detained in any pris-
 on, jail, lockup, or other place used for adults convicted of a crime or
 under arrest and charged with the commission  of  a  crime  without  the
 approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES  in the case of each principal and the statement of its reasons
 therefor.  The sheriff shall not be liable for any acts done  to  or  by
 such  principal  resulting  from negligence in the detention of and care
 for such principal, when the principal is not in the actual  custody  of
 the sheriff.
   2.  Except  upon  consent of the defendant or for good cause shown, in
 any case in which a new securing order is issued for a principal  previ-
 ously  committed to the custody of the sheriff pursuant to this section,
 such order shall further direct the sheriff  to  deliver  the  principal
 from  a  juvenile detention facility to the person or place specified in
 the order.
   § 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
 as  amended  by  chapter  411 of the laws of 1979, is amended to read as
 follows:
   1. "Youth" means a person charged with a crime alleged  to  have  been
 committed  when  he  was at least sixteen years old and less than [nine-
 teen] TWENTY-ONE years old or a person charged  with  being  a  juvenile
 offender  as  defined  in  subdivision forty-two of section 1.20 of this
 chapter.
   § 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
 as  amended  by  chapter  774 of the laws of 1985, is amended to read as
 follows:
   3. The provisions of subdivisions one and two of this section  requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed,  and  the  arraignment  and  all proceedings in the action to be
 conducted in private shall not apply in connection with a pending charge
 of committing any [felony] SEX offense as defined in the penal law. [The
 provisions of subdivision one requiring the accusatory instrument  filed
 against a youth to be sealed shall not apply where such youth has previ-
 ously been adjudicated a youthful offender or convicted of a crime.]
   §  79.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.  Upon  conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.  After  receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful

 S. 4157                            62
 
 offender.  Such  determination shall be in accordance with the following
 criteria:
   (a)  If  in  the opinion of the court the interest of justice would be
 served by relieving the eligible youth  from  the  onus  of  a  criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than  four  years,  the  court may, in its discretion, find the eligible
 youth is a youthful offender; [and]
   (b) Where the conviction is had in a  local  criminal  court  and  the
 eligible youth had not prior to commencement of trial or entry of a plea
 of  guilty  been  convicted of a crime or found a youthful offender, the
 court must find he is a youthful offender[.]; AND
   (C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS  TO
 AN  ELIGIBLE  YOUTH,  UNLESS  THE DISTRICT ATTORNEY UPON MOTION WITH NOT
 LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
 STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS  OF  JUSTICE
 REQUIRE OTHERWISE.
   § 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
 as  amended  by  chapter  402 of the laws of 2014, is amended to read as
 follows:
   1. [A youthful] YOUTHFUL offender adjudication is not  a  judgment  of
 conviction  for  a crime or any other offense, and does not operate as a
 disqualification of any person so adjudged  to  hold  public  office  or
 public  employment or to receive any license granted by public authority
 but shall be deemed a conviction only for the purposes  of  transfer  of
 supervision  and  custody pursuant to section [two hundred fifty-nine-m]
 TWO HUNDRED FIFTY-NINE-MM of the executive law. A defendant for  whom  a
 youthful  offender  adjudication  was  substituted,  who  was originally
 charged with prostitution as defined in section 230.00 of the penal  law
 or  loitering for the purposes of prostitution as defined in subdivision
 two of section 240.37 of the penal law provided that the person does not
 stand charged with loitering for the purpose of  patronizing  a  prosti-
 tute,  for  an offense allegedly committed when he or she was sixteen or
 seventeen years of age, shall be deemed a "sexually exploited child"  as
 defined  in subdivision one of section four hundred forty-seven-a of the
 social services law and therefore shall not be considered an  adult  for
 purposes related to the charges in the youthful offender proceeding or a
 proceeding under section 170.80 of this chapter.
   §  80.  The  criminal procedure law is amended by adding a new article
 722 to read as follows:
                                ARTICLE 722
      PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                        PART AND RELATED PROCEDURES
 SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
         722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
         722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
 § 722.00 PROBATION CASE PLANNING AND SERVICES.
   1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND  NEEDS  ASSESS-
 MENT  OF  ANY  JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS
 JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVENILE TO  REPORT  WITHIN
 SEVEN  CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESS-
 MENT. SUCH JUVENILE SHALL HAVE THE RIGHT TO  HAVE  AN  ATTORNEY  PRESENT
 THROUGHOUT  THE  ASSESSMENT PROCESS. BASED UPON THE ASSESSMENT FINDINGS,
 THE PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE  SPECIAL-
 IZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO
 ADDRESS INDIVIDUAL NEEDS.

 S. 4157                            63
 
   2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE
 AND  NECESSARY  CONSENT  FORMS,  WHERE  APPLICABLE,  TO  ENSURE THAT THE
 PROBATION DEPARTMENT MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND
 RECEIVE  PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIV-
 ERED  INCLUDING,  BUT  NOT  LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
 TEST RESULTS, JUVENILE ATTENDANCE  AND  INFORMATION  REGARDING  JUVENILE
 COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
 ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
 CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
 PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE  SHALL  HAVE  THE  RIGHT  TO
 CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
 THE  JUVENILE'S  SUCCESSFUL  COMPLETION  OF THE CONDITIONS OF HIS OR HER
 CASE PLAN, THE COURT, WITH THE CONSENT  OF  THE  DISTRICT  ATTORNEY  MAY
 DISMISS  THE  INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION
 210.40 OF THIS CHAPTER.
   4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
 YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
 ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
   5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNI-
 CATE  TO  THE  DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
 THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE  PROBATION  DEPARTMENT
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
   6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
 DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
 OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
 THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO  ESTAB-
 LISH,  IN  A  SUPERIOR  COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
 CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART  OF
 THE  SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES
 PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
 INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
 PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
 SECTION 180.75 OF THIS CHAPTER.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
 ING  JUSTICE  OF  THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
 THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE  MAGISTRATES,
 FOR  THE  PURPOSE  OF  ACTING  AS  A  YOUTH  PART  FOR  CERTAIN  INITIAL
 PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO  DESIG-
 NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
 COUNTY  OF  THE  STATE,  THAT  EXERCISE  CRIMINAL  JURISDICTION. A JUDGE
 PRESIDING AS SUCH A MAGISTRATE SHALL  RECEIVE  TRAINING  IN  SPECIALIZED
 AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO,  JUVENILE JUSTICE, ADOLESCENT
 DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING  CRIME  COMMIS-
 SION BY ADOLESCENTS.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.

 S. 4157                            64
 
   1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
 FERRED  TO  A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS CHAPTER, THE
 PROVISIONS OF THIS ARTICLE SHALL APPLY.
   2.  IF  AN  ACTION  IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO THE
 APPLICABLE PROVISIONS OF THIS CHAPTER, THE YOUTH  PART  SHALL  HEAR  THE
 CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
 ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS
 A  JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH
 PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY  RELIEF  AVAIL-
 ABLE  UNDER  ARTICLE  THREE OF THE FAMILY COURT ACT.  PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION
 210.43 OF THIS CHAPTER SHALL APPLY TO ANY ACTION INVOLVING AN INDICTMENT
 CHARGING  A  JUVENILE OFFENDER WITH ANY OF THE CRIMES ENUMERATED IN SUCH
 PARAGRAPH.
   § 81. The opening paragraph of section 725.05 of the  criminal  proce-
 dure  law,  as  added  by chapter 481 of the laws of 1978, is amended to
 read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   §  82. Section 725.20 of the criminal procedure law, as added by chap-
 ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by  chapter
 411 of the laws of 1979, is amended to read as follows:
 § 725.20 Record of certain actions removed.
   1.    The  provisions of this section shall apply in any case where an
 order of removal to the family court is entered pursuant to a  direction
 authorized  by subdivision four of section 180.75, or section 210.43, or
 subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section
 220.10 of this chapter, or section 330.25 of this chapter.
   2.  When such an action is removed the court that directed the removal
 must cause the following additional records to be filed with  the  clerk
 of  the  county  court  or in the city of New York with the clerk of the
 supreme court of the county wherein the action was pending and with  the
 division of criminal justice services:
   (a) A certified copy of the order of removal;
   (b)  Where  the  direction  is  one  authorized by subdivision four of
 section 180.75 of this chapter, a copy of [the]  ANY  statement  of  the
 district  attorney  made pursuant to paragraph (b) of subdivision six of
 section 180.75 of this chapter;
   (c)  Where the direction is authorized by section 180.75,  a  copy  of
 the  portion of the minutes containing the statement by the court pursu-
 ant to paragraph (a) of subdivision six of such section 180.75;
   (d) Where the direction is one authorized  by  subparagraph  (iii)  of
 paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
 330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
 including the minutes of the memorandum submitted by the district attor-
 ney and the court;
   (e)    Where  the  direction  is  one authorized by subdivision one of
 section 210.43 of this chapter, a copy of that portion  of  the  minutes
 containing [the] ANY statement by the court pursuant to paragraph (a) of
 subdivision five of section 210.43 OF THIS CHAPTER;
   (f)   Where the direction is one authorized by paragraph (b) of subdi-
 vision one of section 210.43 of this chapter, a copy of that portion  of
 the minutes containing [the] ANY statement of the district attorney made

 S. 4157                            65
 
 pursuant  to paragraph (b) of subdivision five of section 210.43 OF THIS
 CHAPTER; and
   (g)  In  addition  to  the records specified in this subdivision, such
 further statement or submission of additional information pertaining  to
 the  proceeding  in  criminal  court in accordance with standards estab-
 lished by the commissioner of the division of criminal justice services,
 subject to the provisions of subdivision three of this section.
   3.  It shall be the duty of said clerk to maintain a separate file for
 copies of orders and minutes filed pursuant to  this  section.      Upon
 receipt  of  such orders and minutes the clerk must promptly delete such
 portions as would identify the defendant, but the clerk shall  neverthe-
 less  maintain  a  separate confidential system to enable correlation of
 the documents so filed with identification  of  the  defendant.    After
 making  such deletions the orders and minutes shall be placed within the
 file and must be available for public inspection.   Information  permit-
 ting  correlation  of any such record with the identity of any defendant
 shall not be divulged to any person except upon order of  a  justice  of
 the  supreme  court based upon a finding that the public interest or the
 interests of justice warrant disclosure in  a  particular  cause  for  a
 particular case or for a particular purpose or use.
   §  83. Subdivision 1 of section 500-a of the correction law is amended
 by adding a new paragraph (h) to read as follows:
   (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY  JAIL  SHALL
 BE  USED  FOR  THE  CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN.
 PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL  PURSU-
 ANT  TO  THIS  SUBDIVISION SHALL BE DETERMINED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES.
   § 84. Subdivision  4  of  section  500-b  of  the  correction  law  is
 REPEALED.
   §  85.  Subparagraph  3  of  paragraph (c) of subdivision 8 of section
 500-b of the correction law is REPEALED.
   § 86. Subdivision 13  of  section  500-b  of  the  correction  law  is
 REPEALED.
   §  87.  Subparagraph 1 of paragraph d of subdivision 3 of section 3214
 of the education law, as amended by chapter 425 of the laws of 2002,  is
 amended to read as follows:
   (1)  Consistent  with  the  federal  gun-free  schools act, any public
 school pupil who is determined under this subdivision to have brought  a
 firearm  to or possessed a firearm at a public school shall be suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil participating in a program operated by a  public  school  district
 using  funds from the elementary and secondary education act of nineteen
 hundred sixty-five who is determined  under  this  subdivision  to  have
 brought  a firearm to or possessed a firearm at a public school or other
 premises used by the school district to provide such programs  shall  be
 suspended  for  a period of not less than one calendar year from partic-
 ipation in such program. The procedures of this subdivision shall  apply
 to  such  a  suspension of a nonpublic school pupil. A superintendent of
 schools, district superintendent of schools or community  superintendent
 shall  have the authority to modify this suspension requirement for each
 student on a case-by-case basis. The determination of  a  superintendent
 shall  be  subject to review by the board of education pursuant to para-
 graph c of this subdivision and the  commissioner  pursuant  to  section
 three  hundred ten of this chapter. Nothing in this subdivision shall be
 deemed to authorize the suspension of a student  with  a  disability  in
 violation  of the individuals with disabilities education act or article

 S. 4157                            66
 
 eighty-nine of this chapter. A  superintendent  shall  refer  the  pupil
 under  the  age  of  [sixteen]  EIGHTEEN who has been determined to have
 brought a weapon or firearm to school in violation of  this  subdivision
 to a presentment agency for a juvenile delinquency proceeding consistent
 with article three of the family court act except a student [fourteen or
 fifteen  years  of age] who qualifies for juvenile offender status under
 subdivision forty-two of section 1.20 of the criminal procedure  law.  A
 superintendent  shall refer any pupil [sixteen] EIGHTEEN years of age or
 older or a student [fourteen or fifteen years of age] who qualifies  for
 juvenile  offender status under subdivision forty-two of section 1.20 of
 the criminal procedure law, who has been determined to  have  brought  a
 weapon  or  firearm  to  school  in violation of this subdivision to the
 appropriate law enforcement officials.
   § 87-a. Paragraph d of subdivision 3 of section 3214 of the  education
 law,  as  amended by chapter 181 of the laws of 2000, is amended to read
 as follows:
   d. Consistent with  the  federal  gun-free  schools  act  of  nineteen
 hundred  ninety-four,  any  public  school pupil who is determined under
 this subdivision to have brought a weapon to school shall  be  suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil  participating  in  a program operated by a public school district
 using funds from the elementary and secondary education act of  nineteen
 hundred  sixty-five  who  is  determined  under this subdivision to have
 brought a weapon to a public school or other premises used by the school
 district to provide such programs shall be suspended for a period of not
 less than one calendar year from  participation  in  such  program.  The
 procedures  of  this  subdivision  shall apply to such a suspension of a
 nonpublic school pupil. A superintendent  of  schools,  district  super-
 intendent of schools or community superintendent shall have the authori-
 ty  to modify this suspension requirement for each student on a case-by-
 case basis. The determination of a superintendent shall  be  subject  to
 review  by the board of education pursuant to paragraph c of this subdi-
 vision and the commissioner pursuant to section  three  hundred  ten  of
 this  chapter.  Nothing in this subdivision shall be deemed to authorize
 the suspension of a student with a disability in violation of the  indi-
 viduals  with  disabilities education act or article eighty-nine of this
 chapter. A superintendent  shall  refer  the  pupil  under  the  age  of
 [sixteen]  EIGHTEEN  who has been determined to have brought a weapon to
 school in violation of this subdivision to a presentment  agency  for  a
 juvenile  delinquency  proceeding  consistent  with article three of the
 family court act except a student [fourteen or fifteen years of age] who
 qualifies for juvenile offender status under  subdivision  forty-two  of
 section 1.20 of the criminal procedure law. A superintendent shall refer
 any  pupil  [sixteen] EIGHTEEN years of age or older or a student [four-
 teen or fifteen years of age who] qualifies for juvenile offender status
 under subdivision forty-two of section 1.20 of  the  criminal  procedure
 law,  who  has  been  determined  to  have brought a weapon to school in
 violation of this subdivision to the appropriate law  enforcement  offi-
 cials.
   §  88.  Paragraph  b of subdivision 4 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:
   b.  The  school  authorities  may institute proceedings before a court
 having jurisdiction to determine the liability of a person  in  parental
 relation  to  contribute  towards the maintenance of a school delinquent
 under [sixteen] SEVENTEEN years of age ordered to attend  upon  instruc-

 S. 4157                            67
 
 tion  under  confinement. If the court shall find the person in parental
 relation able to contribute towards the maintenance of such a minor,  it
 may issue an order fixing the amount to be paid weekly.
   §  89.  Subdivisions  3  and 4 of section 246 of the executive law, as
 amended by section 10 of part D of chapter 56 of the laws of  2010,  are
 amended to read as follows:
   3.  Applications  from  counties or the city of New York for state aid
 under this section shall be made by filing with the division of criminal
 justice services, a detailed plan,  including  cost  estimates  covering
 probation  services for the fiscal year or portion thereof for which aid
 is requested. Included in such estimates shall  be  clerical  costs  and
 maintenance and operation costs as well as salaries of probation person-
 nel,  FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information
 as the commissioner of the division of  criminal  justice  services  may
 require. Items for which state aid is requested under this section shall
 be  duly  designated in the estimates submitted. The commissioner of the
 division of criminal justice services, after consultation with the state
 probation commission and the director of the  office  of  probation  and
 correctional  alternatives,  shall  approve  such plan if it conforms to
 standards relating to the administration of probation services as speci-
 fied in the rules adopted by him or her.
   4. A. An approved plan and compliance with standards relating  to  the
 administration  of probation services promulgated by the commissioner of
 the division of criminal justice services shall  be  a  prerequisite  to
 eligibility for state aid.
   The commissioner of the division of criminal justice services may take
 into  consideration  granting additional state aid from an appropriation
 made for state aid for county probation services  for  counties  or  the
 city of New York when a county or the city of New York demonstrates that
 additional  probation  services  were dedicated to intensive supervision
 programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
 defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
 GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
 RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
 ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN  HUNDRED  TWENTY-
 TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such additional
 grants  shall  be made according to rules and regulations promulgated by
 the commissioner of the division  of  criminal  justice  services.  Each
 county and the city of New York shall certify the total amount collected
 pursuant  to  section  two  hundred  fifty-seven-c  of this chapter. The
 commissioner of the division of criminal justice services shall thereup-
 on certify to the comptroller for payment by  the  state  out  of  funds
 appropriated  for  that  purpose,  the amount to which the county or the
 city of New York shall be entitled under this section. THE  COMMISSIONER
 SHALL,  SUBJECT  TO  AN  APPROPRIATION  MADE AVAILABLE FOR SUCH PURPOSE,
 ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR  A  CONTINUUM
 OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR ADJUDICATED
 JUVENILE  DELINQUENTS  PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT
 OR FOR ELIGIBLE YOUTH BEFORE  OR  SENTENCED  UNDER  THE  YOUTH  PART  IN
 ACCORDANCE  WITH ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCE-
 DURE LAW.
   B. ADDITIONAL STATE AID SHALL BE MADE IN AN AMOUNT  NECESSARY  TO  PAY
 ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
 JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
 AGED  SIXTEEN  YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHER-

 S. 4157                            68
 
 WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF  THE  LAWS
 OF  TWO  THOUSAND SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDIC-
 TION.
   §  89-a. The second undesignated paragraph of subdivision 4 of section
 246 of the executive law, as added by chapter 479 of the laws  of  1970,
 is amended to read as follows:
   The  [director]  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES shall thereupon certify to the comptroller for payment  by  the
 state  out  of  funds appropriated for that purpose, the amount to which
 the county or the city of New York shall be entitled under this section.
 THE COMMISSIONER SHALL GRANT ADDITIONAL STATE AID FROM AN  APPROPRIATION
 DEDICATED   TO  JUVENILE  RISK  INTERVENTION  SERVICES  COORDINATION  BY
 PROBATION DEPARTMENTS WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
 PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT
 OR  ARTICLE  SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. THE
 COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR  SUCH
 PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
 CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN  ACCORDANCE  WITH  ARTICLE  SEVEN  HUNDRED TWENTY-TWO OF THE CRIMINAL
 PROCEDURE LAW.
   § 90. The executive law is amended by adding a new  section  259-p  to
 read as follows:
   §  259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
 ARTICLE, MAY BE DETAINED AS AUTHORIZED BY  THE  INTERSTATE  COMPACT  FOR
 ADULT OFFENDER SUPERVISION.
   2.  A  DEFENDANT  SHALL  BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
 EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
 A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE  DETAINED
 IN A JUVENILE DETENTION FACILITY.
   § 91. Subdivision 16 of section 296 of the executive law, as separate-
 ly  amended by section 3 of part N and section 14 of part AAA of chapter
 56 of the laws of 2009, is amended to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.56
 OR  160.58 of the criminal procedure law, in connection with the licens-
 ing, employment or providing of credit or insurance to such  individual;
 provided,  further, that no person shall be required to divulge informa-
 tion pertaining to any arrest or criminal accusation of such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal

 S. 4157                            69
 
 procedure law, or by a youthful offender  adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.  The  provisions
 of  this  subdivision  shall  not  apply  to the licensing activities of
 governmental bodies in relation to the regulation of guns, firearms  and
 other  deadly weapons or in relation to an application for employment as
 a police officer or peace officer as those terms are defined in subdivi-
 sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
 procedure  law; provided further that the provisions of this subdivision
 shall not apply to an application for employment or  membership  in  any
 law enforcement agency with respect to any arrest or criminal accusation
 which  was  followed  by a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.
   § 92. Section 502 of the executive law, as added by chapter 465 of the
 laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
 Q of chapter 58 of the laws of 2011, is amended to read as follows:
   § 502. Definitions. Unless otherwise specified in this article:
   1. "Director" means the [director of the division for  youth]  COMMIS-
 SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   2.  ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   3. "Detention" means the temporary care and maintenance of youth  held
 away  from  their homes pursuant to article three or seven of the family
 court act, or held pending a hearing for alleged violation of the condi-
 tions of release from an office of children and family services facility
 or authorized agency, or held pending a hearing for alleged violation of
 the condition of parole as a juvenile offender, or held  pending  return
 to a jurisdiction other than the one in which the youth is held, or held
 pursuant  to  a  securing  order  of a criminal court if the youth named
 therein as principal is charged as a juvenile offender or held pending a
 hearing on an extension of placement  or  held  pending  transfer  to  a
 facility  upon  commitment  or  placement  by  a  court. Only alleged or
 convicted juvenile offenders who have not  attained  their  [eighteenth]
 TWENTY-FIRST  birthday  shall  be  subject  to  detention in a detention
 facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than [seven] TEN
 years of age and not more than [twenty] TWENTY-THREE years of age.
   5. "Placement" means the transfer of a youth to  the  custody  of  the
 [division] OFFICE pursuant to the family court act.
   6.  "Commitment"  means  the transfer of a youth to the custody of the
 [division] OFFICE pursuant to the penal law.
   7. "Conditional release" means the transfer of a youth  from  facility
 status  to  aftercare  supervision  under  the  continued custody of the
 [division] OFFICE.
   8. "Discharge" means the termination of [division] OFFICE custody of a
 youth.
   9. "Aftercare" means supervision of a  youth  on  conditional  release
 status under the continued custody of the division.

 S. 4157                            70
 
   § 93. Subdivision 7 of section 503 of the executive law, as amended by
 section  2  of subpart B of part Q of chapter 58 of the laws of 2011, is
 amended to read as follows:
   7. The person in charge of each detention facility shall keep a record
 of all time spent in such facility for each youth in care. The detention
 facility  shall  deliver  a  certified  transcript of such record to the
 office, social services district, or other agency taking custody of  the
 youth  pursuant  to  article  three  [or seven] of the family court act,
 before, or at the same time as the youth is  delivered  to  the  office,
 district or other agency, as is appropriate.
   §  94.   Section 507-a of the executive law, as amended by chapter 465
 of the laws of 1992, paragraph (a) of subdivision 1 as amended by  chap-
 ter 309 of the laws of 1996, is amended to read as follows:
   § 507-a. Placement  and commitment; procedures. 1. Youth may be placed
 in or committed to the custody of the [division] OFFICE OF CHILDREN  AND
 FAMILY SERVICES:
   (a)  for  placement,  as  a juvenile delinquent pursuant to the family
 court act; or
   (b) for commitment pursuant to the penal law.
   2. (a) Consistent with other provisions of law, only those  youth  who
 have reached the age of [seven] TEN, but who have not reached the age of
 twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
 sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
 PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO  YOUTH  WHO  HAS
 REACHED  THE  AGE  OF  TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER  MAY  REMAIN  IN
 THE  CUSTODY  OF  THE  OFFICE  DURING  THE PERIOD OF HIS OR HER SENTENCE
 BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF  THIS  ARTICLE  BUT  IN  NO
 EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
 HER  TWENTY-THIRD  BIRTHDAY;  AND (II) A YOUTH FOUND TO HAVE COMMITTED A
 DESIGNATED CLASS A FELONY ACT  WHO  IS  RESTRICTIVELY  PLACED  WITH  THE
 OFFICE  UNDER  SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
 FOR COMMITTING AN ACT ON OR AFTER THE  YOUTH'S  SIXTEENTH  BIRTHDAY  MAY
 REMAIN  IN  THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
 TO THE AGE OF TWENTY-THREE IN  ACCORDANCE  WITH  HIS  OR  HER  PLACEMENT
 ORDER.
   (A-2)  Whenever  it shall appear to the satisfaction of the [division]
 OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
 is  not  of  proper age to be so placed or is not properly placed, or is
 mentally or physically incapable of being materially  benefited  by  the
 program  of the [division] OFFICE, the [division] OFFICE shall cause the
 return of such youth to the county from which placement was made.
   (b) The [division] OFFICE shall deliver such youth to the  custody  of
 the  placing  court,  along  with the records provided to the [division]
 OFFICE pursuant to section five hundred seven-b of this  article,  there
 to be dealt with by the court in all respects as though no placement had
 been made.
   (c) The cost and expense of the care and return of such youth incurred
 by  the [division] OFFICE shall be reimbursed to the state by the social
 services district from  which  such  youth  was  placed  in  the  manner
 provided by section five hundred twenty-nine of this article.
   3.  The  [division]  OFFICE  may  photograph any youth in its custody.
 Such photograph may be used only for the purpose  of  assisting  in  the

 S. 4157                            71
 
 return  of  conditionally  released  children  and  runaways pursuant to
 section five hundred ten-b of this article.  Such  photograph  shall  be
 destroyed  immediately  upon  the discharge of the youth from [division]
 OFFICE custody.
   4.  (a) A youth placed with or committed to the [division] OFFICE may,
 immediately following placement or commitment, be remanded to an  appro-
 priate detention facility.
   (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
 division]  UNDER  ITS CARE to a facility of the [division] OFFICE within
 fifteen days of the date of the order of placement with  the  [division]
 OFFICE  and  shall admit a juvenile offender committed to the [division]
 OFFICE to a facility of the [division] OFFICE within  ten  days  of  the
 date  of  the  order  of  commitment to the [division] OFFICE, except as
 provided in section five hundred seven-b of this article.
   5. Consistent with other provisions of law, in the discretion  of  the
 [director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
 attain the age of eighteen while in [division] custody OF THE OFFICE AND
 WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
 RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
 non-secure  facility  until  the  age  of twenty-one, provided that such
 youth attend a full-time vocational or educational program and are like-
 ly to benefit from such program.
   § 95. Section 508 of the executive law, as added by chapter 481 of the
 laws of 1978 and as renumbered by chapter  465  of  the  laws  of  1992,
 subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
 2  as  amended  by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
 and 7 as amended by section 97 of subpart B of part C of chapter  62  of
 the  laws  of 2011, subdivision 8 as added by chapter 560 of the laws of
 1984 and subdivision 9 as amended by chapter 37 of the laws of 2016,  is
 amended to read as follows:
   § 508. Juvenile  offender  facilities.  1.  The office of children and
 family services shall maintain [secure]  facilities  for  the  care  and
 confinement  of  juvenile  offenders  committed  [for  an indeterminate,
 determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
 ing provisions of the penal law. Such facilities shall provide appropri-
 ate services to juvenile offenders including but not limited to residen-
 tial care, educational and  vocational  training,  physical  and  mental
 health services, and employment counseling.
   1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
 RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
 PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
 THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
 MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.
   2. Juvenile offenders COMMITTED TO THE OFFICE  FOR  COMMITTING  CRIMES
 PRIOR  TO THE AGE OF SIXTEEN shall be confined in such facilities [until
 the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
 be released, discharged or permitted home visits except pursuant to  the
 provisions of this section.
   [(a) The director of the division for youth may authorize the transfer
 of  a  juvenile  offender  in  his  custody,  who  has been convicted of
 burglary or robbery, to a school  or  center  established  and  operated
 pursuant  to  title three of this article at any time after the juvenile

 S. 4157                            72

 offender has been confined in a division for youth secure  facility  for
 one year or one-half of his minimum sentence, whichever is greater.
   (b)  The director of the division for youth may authorize the transfer
 of a juvenile offender  in  his  custody,  who  has  been  convicted  of
 burglary  or robbery, and who is within ninety days of release as estab-
 lished by the board of parole, to any facility established and  operated
 pursuant to this article.
   (c)  A  juvenile offender may be transferred as provided in paragraphs
 (a) and (b) herein, only after the director determines that there is  no
 danger  to public safety and that the offender shall substantially bene-
 fit from the programs and services  of  another  division  facility.  In
 determining  whether  there  is  a  danger to public safety the director
 shall consider: (i) the nature and circumstances of the offense  includ-
 ing  whether  any physical injury involved was inflicted by the offender
 or another participant; (ii) the record and background of the  offender;
 and (iii) the adjustment of the offender at division facilities.
   (d)  For  a  period  of  six months after a juvenile offender has been
 transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
 der may have only accompanied home visits. After completing  six  months
 of  confinement  following  transfer  from a secure facility, a juvenile
 offender may not have an unaccompanied home visit unless two accompanied
 home visits have already occurred. An  "accompanied  home  visit"  shall
 mean  a  home visit during which the juvenile offender shall be accompa-
 nied at all times while outside the facility by appropriate personnel of
 the division for youth designated pursuant to regulations of the  direc-
 tor of the division.
   (e)  The director of the division for youth shall promulgate rules and
 regulations including uniform standards  and  procedures  governing  the
 transfer  of  juvenile offenders from secure facilities to other facili-
 ties and the return of such offenders to secure  facilities.  The  rules
 and  regulations  shall provide a procedure for the referral of proposed
 transfer cases by the secure facility  director,  and  shall  require  a
 determination  by  the  facility  director  that  transfer of a juvenile
 offender to another facility is in the best interests  of  the  division
 for  youth  and  the  juvenile  offender  and that there is no danger to
 public safety.
   The rules and regulations shall further provide for the  establishment
 of a division central office transfer committee to review transfer cases
 referred by the secure facility directors. The committee shall recommend
 approval of a transfer request to the director of the division only upon
 a  clear showing by the secure facility director that the transfer is in
 the best interests of the division for youth and the  juvenile  offender
 and  that there is no danger to public safety. In the case of the denial
 of the transfer request by the transfer committee, the juvenile offender
 shall remain at a secure facility.  Notwithstanding  the  recommendation
 for  approval of transfer by the transfer committee, the director of the
 division may deny the request for transfer  if  there  is  a  danger  to
 public  safety  or  if  the transfer is not in the best interests of the
 division for youth or the juvenile offender.
   The rules and regulations shall further provide a  procedure  for  the
 immediate  return to a secure facility, without a hearing, of a juvenile
 offender transferred to another facility upon a  determination  by  that
 facility director that there is a danger to public safety.]
   3.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
 in writing to the sentencing court and district attorney, not less  than

 S. 4157                            73
 
 once  every  six months during the period of confinement, on the status,
 adjustment, programs and progress of the offender.
   4.  [The  office  of  children  and  family  services may apply to the
 sentencing court for permission  to  transfer  a  youth  not  less  than
 sixteen  nor  more  than  eighteen  years  of  age  to the department of
 corrections and community supervision. Such application  shall  be  made
 upon  notice  to  the  youth, who shall be entitled to be heard upon the
 application and to be represented by counsel. The court shall grant  the
 application  if  it is satisfied that there is no substantial likelihood
 that the youth will benefit from the  programs  offered  by  the  office
 facilities.
   5.]  The office of children and family services may transfer an offen-
 der not less than eighteen [nor more than twenty-one] years  of  age  to
 the  department  of corrections and community supervision if the commis-
 sioner of the office certifies to the commissioner  of  corrections  and
 community  supervision  that there is no substantial likelihood that the
 youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred  AT  AGE  TWENTY-THREE  to  the custody of the department of
 corrections and community supervision for confinement  pursuant  to  the
 correction law.
   [7.]  (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
 ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT  ON  THEIR
 SENTENCES  OF  IMPRISONMENT  SHALL  BE TRANSFERRED TO THE CUSTODY OF THE
 DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR  CONFINEMENT
 PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
 OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
 FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
 THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
 THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
 TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
 SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
 CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
 AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
 LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH THE OFFICE AND THROUGH THE DEPARTMENT. NOTHING IN THIS PARAGRAPH
 SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
 HER TWENTY-THIRD BIRTHDAY.
   (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
 OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
 TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION AND WHO ARE ABLE TO COMPLETE THE  FULL-TERM  OF  THEIR  COMMUNITY
 SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
 REMAIN WITH THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR  COMMUNITY
 SUPERVISION.
   (D)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
 FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
 OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
 FULL-TERM OF THEIR COMMUNITY SUPERVISION BEFORE THEY  TURN  TWENTY-THREE
 YEARS  OF  AGE  SHALL  BE  UNDER  THE  SUPERVISION  OF THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION  OF  THE  MAXIMUM
 TERM.

 S. 4157                            74
 
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except  that his OR HER parole, temporary release and discharge shall be
 governed by the laws applicable to inmates of state correctional facili-
 ties  and his OR HER transfer to state hospitals in the office of mental
 health shall be governed by section five hundred nine of  this  chapter.
 The  commissioner  of  the office of children and family services shall,
 however, establish and operate temporary release programs at  office  of
 children  and family services facilities for eligible juvenile offenders
 and [contract with the department of corrections  and  community  super-
 vision  for  the provision of parole] PROVIDE supervision [services] for
 temporary releasees.  The rules and regulations for these programs shall
 not be inconsistent with the laws for temporary  release  applicable  to
 inmates  of state correctional facilities. For the purposes of temporary
 release programs for  juvenile  offenders  only,  when  referred  to  or
 defined in article twenty-six of the correction law, "institution" shall
 mean  any facility designated by the commissioner of the office of chil-
 dren and family services, "department" shall mean the office of children
 and family services, "inmate" shall mean a juvenile offender residing in
 an office of children and family services facility,  and  "commissioner"
 shall  mean  the  [director]  COMMISSIONER of the office of children and
 family services. Time spent in office of children  and  family  services
 facilities  and  in  juvenile  detention  facilities  shall  be credited
 towards the sentence imposed in the same manner and to the  same  extent
 applicable to inmates of state correctional facilities.
   [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion for youth] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  facility
 pursuant  to  a  commitment  to the [director of the division for youth]
 OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so  delivering  such
 person  shall  deliver to such facility director a certified copy of the
 sentence received by such officer from the clerk of the court  by  which
 such  person  shall  have  been  sentenced,  a copy of the report of the
 probation officer's investigation and  report,  any  other  pre-sentence
 memoranda  filed  with  the  court,  a  copy of the person's fingerprint
 records, a detailed summary of available  medical  records,  psychiatric
 records  and  reports  relating  to  assaults,  or  other  violent acts,
 attempts at suicide or escape by the person while in the  custody  of  a
 local detention facility.
   [9]  8.   Notwithstanding any provision of law, including section five
 hundred one-c of  this  article,  the  office  of  children  and  family
 services  shall  make  records pertaining to a person convicted of a sex
 offense as defined in subdivision (p) of section  10.03  of  the  mental
 hygiene  law available upon request to the commissioner of mental health
 or the commissioner of THE OFFICE FOR PERSONS WITH  developmental  disa-
 bilities, as appropriate; a case review panel; and the attorney general;
 in  accordance  with the provisions of article ten of the mental hygiene
 law.
   § 96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the  executive
 law,  subdivisions  1,  4  and  5 as added by chapter 906 of the laws of
 1973, paragraph (c) of subdivision 1 as amended  and  paragraph  (d)  of
 subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
 as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
 sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
 as  added  by  chapter  258  of the laws of 1974, are amended to read as
 follows:

 S. 4157                            75
 
   1. Definitions. As used in this section:
   (a) "authorized agency", "certified boarding home", "local charge" and
 "state  charge"  shall  have  the  meaning ascribed to such terms by the
 social services law;
   (b) "aftercare supervision" shall  mean  supervision  of  released  or
 discharged youth, not in foster care; and,
   (c)  "foster care" shall mean residential care, maintenance and super-
 vision provided TO released or discharged youth, or youth  otherwise  in
 the custody of the [division for youth, in a division foster family home
 certified by the division.
   (d)  "division foster family home" means a service program provided in
 a home setting available to youth under the jurisdiction of the division
 for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   2. [Expenditures] EXCEPT AS  PROVIDED  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF CHIL-
 DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
 youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
 persons  in  need of supervision, placed or referred, pursuant to titles
 two or three of this article, and juvenile offenders committed  pursuant
 to section 70.05 of the penal law, in the [division's] OFFICE'S programs
 and  facilities,  shall  be subject to reimbursement to the state by the
 social services district from which the  youth  was  placed  or  by  the
 social  services  district in which the juvenile offender resided at the
 time of commitment, in accordance with this section and the  regulations
 of  the  [division,]  OFFICE  as  follows:  fifty  percent of the amount
 expended for care, maintenance and supervision of local charges  includ-
 ing juvenile offenders.
   [4.  Expenditures  made  by  the  division for youth] 3. THE COSTS for
 foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
 QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 shall  be  [subject to reimbursement to the state by] THE RESPONSIBILITY
 OF the social services district from which the  youth  was  placed,  AND
 SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
 regulations  of  the  division,  as follows: fifty percent of the amount
 expended for care, maintenance and supervision of local charges] SECTION
 ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN  SUBDIVISION  FIVE  OF
 THIS  SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF
 CHILDREN AND FAMILY SERVICES for aftercare supervision shall be  subject
 to reimbursement to the state by the social services district from which
 the  youth  was placed, in accordance with regulations of the [division]
 OFFICE, as follows: fifty percent of the amount expended  for  aftercare
 supervision of local charges.
   (b)  Expenditures  made  by  social  services  districts for aftercare
 supervision of adjudicated juvenile delinquents and persons in  need  of
 supervision  [provided  (prior  to  the  expiration  of  the  initial or
 extended period of placement or commitment) by the  aftercare  staff  of
 the facility from which the youth has been released or discharged, other
 than  those  under  the jurisdiction of the division for youth, in which
 said youth was placed or committed, pursuant to directions of the family
 court,] shall be subject to reimbursement by the state[,  upon  approval
 by the division and in accordance with its regulations, as follows:
   (1) the full amount expended by the district for aftercare supervision
 of state charges;

 S. 4157                            76

   (2) fifty percent of the amount expended by the district for aftercare
 supervision  of  local  charges]  IN ACCORDANCE WITH SECTION ONE HUNDRED
 FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   (c)  Expenditures  made by the [division for youth] OFFICE OF CHILDREN
 AND FAMILY SERVICES for  contracted  programs  and  contracted  services
 pursuant  to subdivision seven of section five hundred one of this arti-
 cle, except with respect to  urban  homes  and  group  homes,  shall  be
 subject  to  reimbursement  to the state by the social services district
 from which the youth was placed, in accordance with this section and the
 regulations of the [division] OFFICE as follows: fifty  percent  of  the
 amount  expended  for the operation and maintenance of such programs and
 services.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
 REIMBURSEMENT  SHALL  BE  REQUIRED  FROM  A SOCIAL SERVICES DISTRICT FOR
 EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  ON  OR
 AFTER  DECEMBER FIRST, TWO THOUSAND SEVENTEEN FOR THE CARE, MAINTENANCE,
 SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS  OF  AGE
 OR  OLDER  THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT THE PROVISIONS
 OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN  THAT  INCREASED  THE
 AGE  OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT AUTHOR-
 IZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY SERVICES  FACILITIES
 OF CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH
 BIRTHDAYS.
   5-a. The social services district responsible for reimbursement to the
 state shall remain the same if during a period of placement or extension
 thereof,  a child commits a criminal act while in [a division] AN OFFICE
 OF CHILDREN AND FAMILY SERVICES facility, during an  authorized  absence
 therefrom  or  after  absconding therefrom and is returned to the [divi-
 sion] OFFICE following adjudication or conviction for the act by a court
 with jurisdiction outside the boundaries of the social services district
 which was responsible for reimbursement to the state prior to such adju-
 dication or conviction.
   § 97. Subdivision 1 and subparagraph (iii) of paragraph (a) of  subdi-
 vision 3 of section 529-b of the executive law, as added by section 3 of
 subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
 read as follows:
   1. (a) Notwithstanding any provision of law to the contrary,  eligible
 expenditures by an eligible municipality for services to divert youth at
 risk  of,  alleged  to  be,  or  adjudicated  as juvenile delinquents or
 persons alleged or adjudicated to be in need of  supervision,  or  youth
 alleged  to  be  or  convicted  as  juvenile offenders from placement in
 detention or in residential care shall be subject to state reimbursement
 under the supervision and treatment services for juveniles  program  for
 up  to  sixty-two percent of the municipality's expenditures, subject to
 available appropriations and exclusive of any federal funds made  avail-
 able  for  such  purposes, not to exceed the municipality's distribution
 under the supervision and treatment services for juveniles program.
   (b) The state funds appropriated for  the  supervision  and  treatment
 services  for juveniles program shall be distributed to eligible munici-
 palities by the office of children and family services based on  a  plan
 developed  by  the  office  which  may  consider  historical information
 regarding the number of youth seen at probation intake  for  an  alleged
 act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 RECEIVING  DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
 THE FAMILY COURT ACT, the number of youth  remanded  to  detention,  the
 number  of  juvenile  delinquents  placed with the office, the number of

 S. 4157                            77
 
 juvenile delinquents and persons in need of supervision placed in  resi-
 dential  care with the municipality, the municipality's reduction in the
 use of detention and residential placements, and other factors as deter-
 mined  by the office. Such plan developed by the office shall be subject
 to the approval of the director of the budget. The office is authorized,
 in its discretion, to make advance distributions to  a  municipality  in
 anticipation of state reimbursement.
   (iii)  a  description  of  how  the services and programs proposed for
 funding will reduce the number of youth from the  municipality  who  are
 detained  and  residentially  OR OTHERWISE placed; how such services and
 programs are family-focused; and whether such services and programs  are
 capable of being replicated across multiple sites;
   §  98.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
 law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
 of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
 2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
 subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
 graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
 amended by section 5 of subpart B of part Q of chapter 58 of the laws of
 2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
 subdivision  7 as amended by section 6 of subpart B of part Q of chapter
 58 of the laws of 2011, are amended and a new subdivision 8 is added  to
 read as follows:
   2.  [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
 SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
 nance and supervision to youth in detention facilities designated pursu-
 ant  to  sections seven hundred twenty 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, as follows:
   (a)  Notwithstanding  any  provision  of law to the contrary, eligible
 expenditures by a municipality during a particular program year for  the
 care,  maintenance  and supervision in foster care programs certified by
 the office of children and family services, certified or approved family
 boarding homes, and non-secure detention  facilities  certified  by  the
 office  for  those youth alleged to be persons in need of supervision or
 adjudicated persons in need of supervision held pending  transfer  to  a
 facility  upon placement; and in secure and non-secure detention facili-
 ties certified by the office in accordance  with  section  five  hundred
 three  of  this  article  for  those youth alleged to be juvenile delin-
 quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
 facility upon placement, and juvenile delinquents held at the request of
 the  office  of children and family services pending extension of place-
 ment hearings or release revocation hearings or while awaiting  disposi-
 tion  of such hearings; and youth alleged to be or convicted as juvenile
 offenders AND, YOUTH ALLEGED TO BE PERSONS IN  NEED  OF  SUPERVISION  OR
 ADJUDICATED  PERSONS  IN  NEED OF SUPERVISION HELD PENDING TRANSFER TO A
 FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE  OFFICE
 OF  CHILDREN  AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING
 HOMES, shall be subject to state reimbursement for up to  fifty  percent
 of  the municipality's expenditures, exclusive of any federal funds made
 available for such purposes, not to exceed the  municipality's  distrib-
 ution  from  funds that have been appropriated specifically therefor for
 that program year. Municipalities shall implement the use  of  detention
 risk  assessment  instruments in a manner prescribed by the office so as
 to inform detention decisions.  Notwithstanding any other  provision  of
 state  law to the contrary, data necessary for completion of a detention

 S. 4157                            78
 
 risk  assessment  instrument  may  be  shared  among  law   enforcement,
 probation,  courts,  detention  administrators, detention providers, and
 the attorney for the child upon retention or appointment; solely for the
 purpose of accurate completion of such risk assessment instrument, and a
 copy of the completed detention risk assessment instrument shall be made
 available  to  the  applicable  detention provider, the attorney for the
 child and the court.
   (b) The state funds appropriated for juvenile detention services shall
 be distributed to eligible municipalities by the office of children  and
 family  services  based  on  a  plan  developed  by the office which may
 consider historical information regarding the number of  youth  remanded
 to  detention, the municipality's reduction in the use of detention, the
 municipality's youth population, and other factors as determined by  the
 office.  Such  plan  developed  by  the  office  shall be subject to the
 approval of the director of the budget. The office is authorized, in its
 discretion, to make advance distributions to a  municipality  in  antic-
 ipation of state reimbursement.
   (c)  A municipality may also use the funds distributed to it for juve-
 nile detention services under this section for a particular program year
 for sixty-two percent of  a  municipality's  eligible  expenditures  for
 supervision and treatment services for juveniles programs approved under
 section  five hundred twenty-nine-b of this title for services that were
 not reimbursed from a municipality's  distribution  under  such  program
 provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
 persons alleged or adjudicated to be in need of supervision, or  alleged
 to be or convicted as juvenile offenders in community-based non-residen-
 tial  settings. Any claims submitted by a municipality for reimbursement
 for detention services or supervision and treatment services  for  juve-
 niles  provided  during  a particular program year for which the munici-
 pality does not receive  state  reimbursement  from  the  municipality's
 distribution  of  detention services funds for that program year may not
 be claimed against the municipality's distribution  of  funds  available
 under  this section for the next applicable program year. The office may
 require that such claims be submitted to the  office  electronically  at
 such times and in the manner and format required by the office.
   [(d)(i)]  2-A.  (A) Notwithstanding any provision of law or regulation
 to the contrary, any information or data necessary for the  development,
 validation  or  revalidation of the detention risk assessment instrument
 shall be  shared  among  local  probation  departments,  the  office  of
 probation  and  correctional  alternatives  and, where authorized by the
 division of criminal justice services, the entity  under  contract  with
 the division to provide information technology services related to youth
 assessment  and  screening,  the office of children and family services,
 and any entity under contract with the office  of  children  and  family
 services  to provide services relating to the development, validation or
 revalidation of the  detention  risk  assessment  instrument.  Any  such
 information  and  data shall not be commingled with any criminal history
 database. Any information and data used  and  shared  pursuant  to  this
 section  shall  only be used and shared for the purposes of this section
 and in accordance with this section. Such information  shall  be  shared
 and  received  in  a  manner  that  protects the confidentiality of such
 information. The sharing,  use,  disclosure  and  redisclosure  of  such
 information  to  any  person,  office,  or other entity not specifically
 authorized to receive it pursuant to this section or any  other  law  is
 prohibited.

 S. 4157                            79
 
   [(ii)]  (B)  The  office of children and family services shall consult
 with individuals with professional research experience and expertise  in
 criminal  justice;  social work; juvenile justice; and applied mathemat-
 ics, psychometrics and/or statistics to assist the office in determining
 the  method  it  will  use  to:  develop,  validate  and revalidate such
 detention risk assessment instrument; and analyze the  effectiveness  of
 the  use  of  such detention risk assessment instrument in accomplishing
 its intended goals; and analyze, to the  greatest  extent  possible  any
 disparate impact on detention outcomes for juveniles based on race, sex,
 national   origin,   economic  status  and  any  other  constitutionally
 protected class, regarding the use of such instrument. The office  shall
 consult  with  such  individuals  regarding whether it is appropriate to
 attempt to analyze whether there is any such disparate impact  based  on
 sexual  orientation  and, if so, the best methods to conduct such analy-
 sis. The office shall take into consideration any recommendations  given
 by  such  individuals  involving improvements that could be made to such
 instrument and process.
   [(iii)]  (C)  Data  collected  for  the  purposes  of  completing  the
 detention risk assessment instrument from any source other than an offi-
 cially  documented  record  shall  be  confirmed as soon as practicable.
 Should any data originally utilized in completing  the  risk  assessment
 instrument  be  found to conflict with the officially documented record,
 the risk assessment instrument shall be completed  with  the  officially
 documented  data  and  any  corresponding revision to the risk categori-
 zation shall be made.  The  office  shall  periodically  revalidate  any
 approved risk assessment instrument. The office shall conspicuously post
 any  approved  detention  risk  assessment instrument on its website and
 shall confer with appropriate stakeholders, including  but  not  limited
 to,  attorneys  for  children,  presentment agencies, probation, and the
 family court, prior to revising any validated  risk  assessment  instru-
 ment.  Any  such  revised risk assessment instrument shall be subject to
 periodic empirical validation.
   4. (a) The municipality must notify the office of children and  family
 services  of  state  aid received under other state aid formulas by each
 detention facility for which the municipality is  seeking  reimbursement
 pursuant  to  this section, including but not limited to, aid for educa-
 tion, probation and mental health services.
   (b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:   (I)  In
 computing  reimbursement  to  the municipality pursuant to this section,
 the office 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  to  detainees  eligible  for  state
 reimbursement under subdivision two of this section, exclusive of feder-
 al aid for such purposes not to exceed the amount of the  municipality's
 distribution under the juvenile detention services program.
   [(c)]  (II)  Reimbursement  for administrative related expenditures as
 defined by 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 expendi-
 tures for facilities 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  TO  alleged
 juvenile  delinquents  and  persons  in need of supervision in detention

 S. 4157                            80
 
 facilities certified pursuant to sections seven hundred twenty and 305.2
 of the family court act by the office of children and  family  services,
 pending  adjudication  of  alleged delinquency or alleged need of super-
 vision 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 crim-
 inal court if the person named therein as principal is  under  [sixteen]
 EIGHTEEN YEARS OF AGE; or[,]
   (1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED
 JUVENILE  DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN-
 CY 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 CRIM-
 INAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE;
 OR
   (2) temporary care,  maintenance  and  supervision  provided  juvenile
 delinquents  in  approved  detention  facilities  at  the request of the
 office of children and family services pending release revocation  hear-
 ings or while awaiting disposition after such hearings; or
   (3)  temporary care, maintenance and supervision in approved detention
 facilities for youth held pursuant to the family court act or the inter-
 state compact on juveniles, pending return to their place  of  residence
 or domicile[.]; OR
   (4)   temporary  care,  maintenance  and  supervision  provided  youth
 detained in foster care  facilities  or  certified  or  approved  family
 boarding homes pursuant to article seven of the family court act.
   (b)  Payments made for reserved accommodations, whether or not in full
 time use, approved AND CERTIFIED by the office of  children  and  family
 services  [and  certified  pursuant to sections seven hundred twenty and
 305.2 of the family court act], in order to assure that adequate  accom-
 modations  will be available for the immediate reception and proper care
 therein of youth for which detention costs are reimbursable pursuant  to
 paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
 for care, maintenance and  supervision  under  the  provisions  of  this
 section,  provided  the  office  shall have given its prior approval for
 reserving such accommodations.
   6. The [director of the division for youth]  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. The agency administering detention for each county and the city  of
 New  York shall submit to the office of children and family services, at
 such times and in such form and manner and containing  such  information
 as  required  by  the  office of children and family services, an annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly court act who are  detained  during  each  calendar  year  including,
 commencing  January  first,  two thousand twelve, the risk level of each
 detained youth as assessed by a  detention  risk  assessment  instrument
 approved  by the office of children and family services.  The office may
 require that such data on detention use be submitted to the office elec-
 tronically. 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, IF APPLICABLE, to detain
 the youth; the offense or offenses with which the youth is charged;  and

 S. 4157                            81
 
 all  other  reasons  why  the  youth  remains detained. The office shall
 submit a compilation of all the separate reports to the governor and the
 legislature.
   8.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE  FOR  ONE  HUNDRED  PERCENT  OF  A
 MUNICIPALITY'S  ELIGIBLE  EXPENDITURES  FOR  THE  CARE,  MAINTENANCE AND
 SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR  OLDER  IN  NON-SECURE  AND
 SECURE DETENTION FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
 OCCURRED  ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND
 SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE  FIFTEEN
 YEARS OF AGE.
   §  99.  Section  109-c  of  the  vehicle  and traffic law, as added by
 section 1 of part E of chapter 60 of the laws of  2005,  is  amended  to
 read as follows:
   §  109-c.    Conviction.   1. Any conviction as defined in subdivision
 thirteen of section 1.20 of the criminal procedure law; provided, howev-
 er, where a conviction or administrative finding in this state or anoth-
 er state results in a mandatory sanction against a  commercial  driver's
 license,  as set forth in sections five hundred ten, five hundred ten-a,
 eleven hundred ninety-two and eleven hundred ninety-four of  this  chap-
 ter, conviction shall also mean an unvacated adjudication of guilt, or a
 determination  that  a  person has violated or failed to comply with the
 law in a court of original jurisdiction or by an authorized  administra-
 tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
 to secure the person's appearance in court, a plea  of  guilty  or  nolo
 contendere  accepted  by the court, the payment of a fine or court cost,
 or violation of a condition  of  release  without  bail,  regardless  of
 whether or not the penalty is rebated, suspended, or probated.
   2.  A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
 THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE  OF  SECTION
 FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
 SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
 HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-
 THREE;  ELEVEN  HUNDRED  NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
 HUNDRED NINETY-EIGHT-A; ELEVEN  HUNDRED  NINETY-NINE;  EIGHTEEN  HUNDRED
 EIGHT;  EIGHTEEN  HUNDRED  NINE;  EIGHTEEN  HUNDRED NINE-C; AND EIGHTEEN
 HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION  SIX  OF
 SECTION  SIXTY-FIVE-B  OF  THE  ALCOHOLIC  BEVERAGE CONTROL LAW ONLY AND
 SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO  IMPOSE  LICENSE
 AND  REGISTRATION  SANCTIONS,  IGNITION  INTERLOCK  DEVICES, ANY DRUG OR
 ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER  RESPONSI-
 BILITY  ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
 ORDER ON APPEAL. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  AS
 LIMITING  OR  PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
 TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
   § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
 amended by chapter 132 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  Who  may suspend or revoke. Any magistrate, justice or judge, in a
 city, in a town, or in a village, any supreme court justice, any  county
 judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
 intendent  of state police and the commissioner of motor vehicles or any
 person deputized by him, shall have  power  to  revoke  or  suspend  the
 license  to drive a motor vehicle or motorcycle of any person, or in the
 case of an owner, the registration, as provided herein.

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   § 100-a. Severability. If any clause,  sentence,  paragraph,  subdivi-
 sion,  section  or  part  contained  in  any  part  of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, subdivision, section  or  part  contained  in  any  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  101.  This  act  shall  take effect immediately; provided, however,
 that:
   1. sections one through twenty-four, twenty-six  through  fifty-eight,
 fifty-nine,  sixty-one  through sixty-three-l, sixty-three-m, sixty-six,
 sixty-eight through seventy-six, eighty  through  eighty-seven,  eighty-
 eight,  eighty-nine  and  ninety through one hundred-a of this act shall
 take effect on January 1, 2019;
   2.  sections sixty-seven, seventy-seven, seventy-eight,  and  seventy-
 nine  of  this  act shall take effect on the sixtieth day after it shall
 have become a law;
   3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1 of section 409-a of the social services law, made by section fifty-two
 of this act shall survive the expiration of such  subparagraph  pursuant
 to section 28 of part C of chapter 83 of the laws of 2002, as amended;
   4.  the  amendments  to  subdivision  4 of section 353.5 of the family
 court act made by section twenty-four of this act shall not  affect  the
 expiration  and  reversion of such subdivision pursuant to section 11 of
 subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
 shall  expire  and be deemed repealed therewith, when upon such date the
 provisions of section twenty-five of this act shall take effect;
   5. the amendments to section 153-k of the social services law made  by
 section  forty-seven  of  this  act  shall not affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   6. the amendments to section 404 of the social services  law  made  by
 section  fifty-one  of  this  act  shall  not  affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   7.  the amendments to subdivision 1 of section 70.20 of the penal  law
 made  by section fifty-eight of this act shall not affect the expiration
 of such subdivision and shall expire and be deemed repealed therewith;
   8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
 of  the  penal  law made by section sixty-a of this act shall not affect
 the expiration of such paragraph and shall be deemed  to  expire  there-
 with;
   8-a. if chapter 492 of the laws of 2016 shall not have taken effect on
 or  before  such  date  then section sixty-three-l-one of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2016, takes effect;
   9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
 section  3214  of the education law made by section eighty-seven of this
 act shall not affect the expiration  and  reversion  of  such  paragraph
 pursuant  to  section  4 of chapter 425 of the laws of 2002, as amended,
 when upon such date the provisions of section eighty-seven-a of this act
 shall take effect; provided, however if such date of reversion is  prior
 to January 1, 2019, section eighty-seven-a of this act shall take effect
 on January 1, 2019; and

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   10. the amendments to the second undesignated paragraph of subdivision
 4  of  section  246  of the executive law made by section eighty-nine of
 this act shall not affect the expiration and reversion of such paragraph
 pursuant to subdivision aa of section 427 of chapter 55 of the  laws  of
 1992,  as amended, when upon such date the provisions of section eighty-
 nine-a of this act shall take effect; provided, however if such date  of
 reversion is prior to January 1, 2019, section eighty-nine-a of this act
 shall take effect on January 1, 2019.