NY State Senate Bill 2021-S8611A

Senate Bill S8611A

2021-2022 Legislative Session

Authorizes the correctional association to inspect residential juvenile detention facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	print number 8611a
May 31, 2022	amend and recommit to rules committee discharged and committed to rules
May 10, 2022	reported and committed to finance
Mar 22, 2022	referred to children and families

Votes

- May 10, 2022 - Children And Families Committee Vote
  S8611A
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 10, 2022
      
      aye (5)
      
      Bailey
      
      Brisport
      
      Mannion
      
      Persaud
      
      Salazar
      
      nay (2)
      
      Martucci
      
      Stec

Bill Amendments

Original

A (Active)

2021-S8611 - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S600

2021-S8611 - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2021-S8611 - Sponsor Memo

                                 
BILL NUMBER: S8611

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to the powers and duties
of the correctional association to inspect residential juvenile facili-
ties

 
PURPOSE:

This bill would allow the correctional association to act as an inde-
pendent, external oversight body with unrestricted access to juvenile
placement facilities to monitor and report on OCFS' juvenile justice
policies and practices. Additionally, the bill would allow prisoners'
legal services of New York to provide legal representation to juveniles.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 503 of the executive law by adding a new
subdivision 6-a to establish a confidential toll-free hotline for the
purpose of reporting abuse and complaints regarding conditions of

confinements in OCFS facilities.

Section 2: Amends the executive law by adding a new section 504-c to
provide the correctional association with authority to inspect OCFS
detention facilities and to obtain information and documentation relat-
ing to such facilities.

Section 3: Amends the executive law by adding a new section 504-d to
provide prisoners' legal services with the authority to represent juve-
niles in OCFS facilities.

Section 4: Sets forth the effective date.

 
JUSTIFICATION:

The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their advocacy
has led to several important reforms of the prison system including the
introduction of several initiatives to improve medical, mental health
and substance abuse services and treatment within prisons.

Today's juvenile justice facilities are not like adult prisons of 1844,
or the prisons of today. But the challenges are similarly difficult. A
lengthy investigation by the Department of Justice uncovered shocking
abuses by the staff at the State's juvenile justice facilities. These
staff persons have used violence to maintain order within the facility,
resulting in a number of serious injuries to youth including broken
bones, concussions, and bone fractures caused by the twisting of limbs.
The Department of Justice also found that mental health services within
these facilities were shockingly inadequate.  Children often received
contradictory mental health diagnoses.  Medications were improperly
administered, and the medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities. Their expertise in correc-
tional practice and policy, when paired with their specific expertise in
juvenile justice reform, will help guide New York past the difficult
reform that is necessary in order to keep our children safe.

To compliment the role of the Correctional Association (CA), this bill
would also authorize Prisoners' Legal Services of New York to establish
a Juvenile Justice Unit vested with the authority to represent the chil-
dren in the State's residential juvenile detention facilities. Prison-
ers' Legal Services' enforcement role will involve interviewing the
youth, reviewing their records, investigating their complaints, and
advocating for their rights, safety and well-being.  With more than 34
years of experience representing and advocating for the humane treatment
of those individuals held in the care of our state, PLS has offices in
close proximity to the youth facilities and has the infrastructure and
substantive knowledge necessary to address these issues in a timely
fashion. PLS is required to notify any appointed Law Guardian to ensure
that the best interest of the child continues to be served.

This bill also provides for the establishment of a confidential, toll-
free hotline for those youth residing in a facility maintained by the
Office of Children and Family Services. This hotline will provide an
external contact for juveniles' whose rights have been violated or who
need legal assistance in a facility matter. The two-pronged approach of
empowering both the Correctional Association and Prisoners' Legal
Services will increase the likelihood that constitutional violations
will be revealed and will be remedied.

 
LEGISLATIVE HISTORY:

SENATE - new bill.

ASSEMBLY: 2019-2020: Referred to Correction in 2019 and Referred to
Correction in 2020 .

2017-2018: Referred to Correction in 2017 and Referred to Correction in
2018.

2015-2016: Referred to Correction in 2015 and Referred to Correction in
2016.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2021-S8611 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8611
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the executive law, in relation to the powers and  duties
   of the correctional association to inspect residential juvenile facil-
   ities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 503 of the executive law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT  ALL
 YOUTH  PLACED  IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
 ATED, MAINTAINED OR CERTIFIED BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED BY
 PRISONERS' LEGAL SERVICES OF NEW YORK PURSUANT TO SUBDIVISION  THREE  OF
 SECTION  FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING
 ABUSE AND COMPLAINTS REGARDING CONDITIONS OF CONFINEMENT. THE OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES SHALL ALLOW PRISONERS' LEGAL SERVICES OF
 NEW YORK QUARTERLY ACCESS TO SUCH FACILITIES  TO  ADVISE  THE  YOUTH  OF
 THEIR  PROCEDURAL  AND  SUBSTANTIVE  RIGHTS AND INFORM SUCH YOUTH OF THE
 HOTLINE.
   § 2. The executive law is amended by adding a  new  section  504-c  to
 read as follows:
   §  504-C.  POWERS  AND  DUTIES  OF THE CORRECTIONAL ASSOCIATION OF NEW
 YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 CORRECTIONAL ASSOCIATION OF NEW YORK, BY SUCH COMMITTEES AS  THEY  SHALL
 FROM  TIME  TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY TO
 REGULARLY VISIT, INSPECT, AND EXAMINE ALL  SECURE,  LIMITED  SECURE  AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN   AND  FAMILY  SERVICES,  INCLUDING  ALL  PROPERTY,  DOCUMENTS,
 RECORDS, POLICIES, PROCEDURES, STAFF AND ALL  SUCH  OTHER  THINGS  MAIN-
 TAINED OR CONTROLLED BY SUCH FACILITIES.
   2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
 UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE  FACILI-
 TIES  OPERATED,  MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00405-01-1
 S. 8611                             2
 
 FAMILY SERVICES TO ENSURE THE WELFARE OF THE  YOUTH  IS  PROTECTED.  THE
 CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
 COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH  FACILI-
 TIES.  IF  THE  CORRECTIONAL  ASSOCIATION  LEARNS  THAT A YOUTH HAS BEEN
 ABUSED THEY SHALL MAKE AN IMMEDIATE REPORT TO THE  COMMISSIONER  OF  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES, THE STATEWIDE CENTRAL REGISTRY
 OF CHILD ABUSE, AND TO PRISONERS' LEGAL SERVICES OF NEW YORK.
   3. THE CORRECTIONAL ASSOCIATION  SHALL  HAVE  THE  AUTHORITY  TO  HAVE
 CONFIDENTIAL  CONTACT  IN  PERSON  AND IN WRITING WITH THE RESIDENTS AND
 STAFF OF SECURE, LIMITED  SECURE  AND  NON-SECURE  FACILITIES  OPERATED,
 MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
 ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS  WHILE
 FULFILLING  ITS  DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND
 ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY  LAW  UPON  THE  PARTY
 FURNISHING  THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION,
 PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT  SUCH  INFORMATION
 RELATED  TO  THE  ABUSE  OF YOUTH AS REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION.
   4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
 CHAIRS  OF  THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE AND ASSEM-
 BLY, THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR  REPRESENTATIVES,
 AND  THE  MEDIA REGARDING THE STATE AND CONDITION OF THE SECURE, LIMITED
 SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED AND  CERTIFIED  BY
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, INCLUDING ANY SUGGESTED
 REMEDIAL ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL
 BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
 OF  THIS  SECTION.  THE  CORRECTIONAL ASSOCIATION SHALL MAKE ALL REPORTS
 AVAILABLE ON THE INTERNET. THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
 SHALL  MEET  WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO
 THE FINDINGS AND RECOMMENDATIONS  ISSUED  IN  THE  ANNUAL  REPORTS.  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE
 ON THE INTERNET.
   5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
 PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
 THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
 SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
 SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
 DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
 TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
   §  3.  The  executive  law is amended by adding a new section 504-d to
 read as follows:
   § 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  PRISONERS'  LEGAL
 SERVICES,  BY AND THROUGH THEIR EMPLOYEES, UPON NOTIFICATION OF ABUSE OR
 A COMPLAINT REGARDING A CONDITION OF  CONFINEMENT  BY  THE  CORRECTIONAL
 ASSOCIATION  OF  NEW  YORK  PURSUANT  TO SUBDIVISION TWO OF SECTION FIVE
 HUNDRED FOUR-C OF THIS TITLE, VIA THE HOTLINE  ESTABLISHED  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION, OR BY A PARENT, GUARDIAN OR ANY OTHER
 CONCERNED  INDIVIDUAL,  SHALL  HAVE  THE  POWER AND AUTHORITY TO PROVIDE
 LEGAL REPRESENTATION TO YOUTH RESIDING IN  SECURE,  LIMITED  SECURE  AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN  AND FAMILY SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE
 CONFIDENTIAL CONTACT VISITS  WITH  SUCH  YOUTH,  REVIEW  THEIR  RECORDS,
 INVESTIGATE  THEIR COMPLAINTS, AND ADVOCATE FOR THEIR RIGHTS, SAFETY AND
 WELL-BEING. UPON COMMENCING REPRESENTATION OF A YOUTH PURSUANT  TO  THIS
 S. 8611                             3
 
 SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LAW GUAR-
 DIAN, IF ANY, APPOINTED TO REPRESENT SUCH YOUTH.
   2.  PRISONERS'  LEGAL  SERVICES  SHALL  HAVE THE AUTHORITY TO INSPECT,
 REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION
 OF A YOUTH PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  INCLUDING  BUT
 NOT  LIMITED  TO,  USE  OF  FORCE  DOCUMENTS,  UNUSUAL INCIDENT REPORTS,
 MEDICAL AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND  PROGRAMMING
 INSTITUTIONAL  RECORDS, PRESENTENCE REPORTS AND COURT RECORDS, INCLUDING
 SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER.
   3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
 DENTIAL TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF  ABUSE
 FROM  YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE FACILITIES
 OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES.
   4.  ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES
 PURSUANT TO ITS FUNCTIONS UNDER THIS SECTION SHALL  REMAIN  CONFIDENTIAL
 AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
 FURNISHING  THE  INFORMATION  SHALL  APPLY TO PRISONERS' LEGAL SERVICES.
 CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES  PURSUANT
 TO  ITS  FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO LEGAL DOCUMENTS
 AND PLEADINGS AS A SEALED EXHIBIT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO  IS
 PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
 THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
 SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
 SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
 DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
 TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2021-S8611A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §503, add §§504-c & 504-d, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S600

2021-S8611A (ACTIVE) - Summary

Authorizes the correctional association to inspect residential juvenile detention facilities.

2021-S8611A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8611A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to the powers and duties
of the correctional association to inspect residential juvenile facili-
ties

 
PURPOSE:

This bill would allow the correctional association to act as an inde-
pendent, external oversight body with unrestricted access to juvenile
placement facilities to monitor and report on OCFS' juvenile justice
policies and practices. Additionally, the bill would allow prisoners'
legal services of New York to provide legal representation to juveniles
and would establish a hotline by which youth in OCFS facilities could
make reports of maltreatment or abuse.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 503 of the executive law by adding a new

subdivision 6-a to establish a confidential toll-free hotline for the
purpose of reporting abuse and complaints regarding conditions of
confinements in OCFS facilities.

Section 2: Amends the executive law by adding a new section 504-c to
provide the correctional association with authority to inspect OCFS
detention facilities and to obtain information and documentation relat-
ing to such facilities.

Section 3: Amends the executive law by adding a new section 504-d to
provide prisoners' legal services with the authority to represent juve-
niles in OCFS facilities.

Section 4: Sets forth the effective date.

 
JUSTIFICATION:

The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their advocacy
has led to several important reforms of the prison system including the
introduction of several initiatives to improve medical, mental health
and substance abuse services and treatment within prisons.

Today's juvenile justice facilities are not like adult prisons of 1844,
or the prisons of today. But the challenges are similarly difficult. A
lengthy investigation by the Department of Justice uncovered shocking
abuses by the staff at the State's juvenile justice facilities. These
staff persons have used violence to maintain order within the facility,
resulting in a number of serious injuries to youth including broken
bones, concussions, and bone fractures caused by the twisting of limbs.
The Department of Justice also found that mental health services within
these facilities were shockingly inadequate. Children often received
contradictory mental health diagnoses. Medications were improperly
administered, and the medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities. Their expertise in correc-
tional practice and policy, when paired with their specific expertise in
juvenile justice reform, will help guide New York past the difficult
reform that is necessary in order to keep our children safe.

To compliment the role of the Correctional Association (CA), this bill
would also authorize Prisoners' Legal Services of New York to establish
a Juvenile Justice Unit vested with the authority to represent the chil-
dren in the State's residential juvenile detention facilities. Prison-
ers' Legal Services' enforcement role will involve interviewing the
youth, reviewing their records, investigating their complaints, and
advocating for their rights, safety and well-being.  With more than 34
years of experience representing and advocating for the humane treatment
of those individuals held in the care of our state, PLS has offices in
close proximity to the youth facilities and has the infrastructure and
substantive knowledge necessary to address these issues in a timely
fashion. PLS is required to notify any appointed Law Guardian to ensure
that the best interest of the child continues to be served.

This bill also provides for the establishment of a confidential, toll-
free hotline for those youth residing in a facility maintained by the
Office of Children and Family Services. This hotline will provide an
external contact for juveniles' whose rights have been violated or who
need legal assistance in a facility matter. The two-pronged approach of
empowering both the Correctional Association and Prisoners' Legal
Services will increase the likelihood that constitutional violations
will be revealed and will be remedied.

 
AMENDED BILL:

The "A" print of this bill makes certain technical changes and clarifi-
cations, but does not alter the substance and intent of the bill as
originally filed.

 
LEGISLATIVE HISTORY:

SENATE - new bill.

ASSEMBLY:

2019-2020: Referred to Correction in 2019 and Referred to Correction in
2020.

2017-2018: Referred to Correction in 2017 and Referred to Correction in
2018.

2015-2016: Referred to Correction in 2015 and Referred to Correction in
2016.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2021-S8611A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8611--A
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged and  said  bill  committed  to  the
   Committee  on  Rules  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to the powers and  duties
   of the correctional association to inspect residential juvenile facil-
   ities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 503 of the executive law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT  ALL
 YOUTH  PLACED  IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
 ATED, MAINTAINED OR CERTIFIED BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED BY
 PRISONERS' LEGAL SERVICES OF NEW YORK PURSUANT TO SUBDIVISION  THREE  OF
 SECTION  FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING
 MALTREATMENT OR ABUSE AND COMPLAINTS REGARDING CONDITIONS  OF  PLACEMENT
 OR  CONFINEMENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALLOW
 PRISONERS' LEGAL SERVICES OF NEW YORK QUARTERLY ACCESS TO  SUCH  FACILI-
 TIES  TO ADVISE THE YOUTH OF THEIR PROCEDURAL AND SUBSTANTIVE RIGHTS AND
 INFORM SUCH YOUTH OF THE HOTLINE.
   § 2. The executive law is amended by adding a  new  section  504-c  to
 read as follows:
   §  504-C.  POWERS  AND  DUTIES  OF THE CORRECTIONAL ASSOCIATION OF NEW
 YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 CORRECTIONAL ASSOCIATION OF NEW YORK, BY SUCH COMMITTEES AS  THEY  SHALL
 FROM  TIME  TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY TO
 REGULARLY VISIT, INSPECT, AND EXAMINE ALL  SECURE,  LIMITED  SECURE  AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN   AND  FAMILY  SERVICES,  INCLUDING  ALL  PROPERTY,  DOCUMENTS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00405-02-2

 S. 8611--A                          2
 
 RECORDS, POLICIES, PROCEDURES, STAFF AND ALL  SUCH  OTHER  THINGS  MAIN-
 TAINED OR CONTROLLED BY SUCH FACILITIES.
   2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
 UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE  FACILI-
 TIES  OPERATED,  MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES TO ENSURE THE WELFARE OF THE  YOUTH  IS  PROTECTED.  THE
 CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
 COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH  FACILI-
 TIES.  IF  THE  CORRECTIONAL  ASSOCIATION  LEARNS  THAT A YOUTH HAS BEEN
 MALTREATED OR ABUSED, OR THAT A YOUTH HAS MADE ALLEGATIONS OF  MALTREAT-
 MENT  OR  ABUSE, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE COMMISSIONER
 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  JUSTICE  CENTER  FOR
 THE  PROTECTION  OF  PEOPLE  WITH SPECIAL NEEDS, AND TO PRISONERS' LEGAL
 SERVICES OF NEW YORK.
   3. THE CORRECTIONAL ASSOCIATION  SHALL  HAVE  THE  AUTHORITY  TO  HAVE
 CONFIDENTIAL  CONTACT  IN  PERSON  AND IN WRITING WITH THE RESIDENTS AND
 STAFF OF SECURE, LIMITED  SECURE  AND  NON-SECURE  FACILITIES  OPERATED,
 MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
 ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS  WHILE
 FULFILLING  ITS  DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND
 ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY  LAW  UPON  THE  PARTY
 FURNISHING  THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION,
 PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT  SUCH  INFORMATION
 RELATED TO THE MALTREATMENT OR ABUSE OF YOUTH AS REQUIRED BY SUBDIVISION
 TWO OF THIS SECTION.
   4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR,
 THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
 CHAIRS OF THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE  AND  ASSEM-
 BLY,  THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR REPRESENTATIVES,
 AND THE MEDIA REGARDING THE STATE AND CONDITION OF THE  SECURE,  LIMITED
 SECURE  AND  NON-SECURE FACILITIES OPERATED, MAINTAINED AND CERTIFIED BY
 THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,  INCLUDING  ANY  SUGGESTED
 REMEDIAL  ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL
 BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
 OF THIS SECTION. THE CORRECTIONAL ASSOCIATION  SHALL  MAKE  ALL  REPORTS
 AVAILABLE  ON  THE  INTERNET. THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL MEET WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN  WRITING  TO
 THE  FINDINGS  AND  RECOMMENDATIONS  ISSUED  IN  THE ANNUAL REPORTS. THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE
 ON THE INTERNET.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO  IS
 PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
 THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
 SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE, ONE THOU-
 SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR
 ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED  WITH
 A  RELATIVE  PURSUANT  TO SECTION ONE THOUSAND SEVENTEEN OR ONE THOUSAND
 FIFTY-FIVE OF THE FAMILY COURT ACT.
   § 3. The executive law is amended by adding a  new  section  504-d  to
 read as follows:
   § 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1.  NOTWITH-
 STANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, PRISONERS' LEGAL
 SERVICES, BY  AND  THROUGH  THEIR  EMPLOYEES,  UPON  NOTIFICATION  OF  A
 COMPLAINT  OF MALTREATMENT OR ABUSE OR A COMPLAINT REGARDING A CONDITION
 OF PLACEMENT OR CONFINEMENT BY THE CORRECTIONAL ASSOCIATION OF NEW  YORK
 PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION  FIVE HUNDRED FOUR-C OF THIS
 S. 8611--A                          3

 TITLE, VIA THE HOTLINE ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, OR BY A PARENT, GUARDIAN OR  ANY  OTHER  CONCERNED  INDIVIDUAL,
 SHALL  HAVE  THE  POWER AND AUTHORITY TO PROVIDE LEGAL REPRESENTATION TO
 YOUTH RESIDING IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
 ATED,  MAINTAINED  OR  CERTIFIED  BY  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE CONFIDENTIAL CONTACT
 VISITS  WITH  SUCH  YOUTH,  REVIEW  THEIR  RECORDS,  INVESTIGATE   THEIR
 COMPLAINTS,  AND  ADVOCATE FOR THEIR RIGHTS, SAFETY AND WELL-BEING. UPON
 COMMENCING REPRESENTATION OF A YOUTH PURSUANT TO THIS  SECTION,  PRISON-
 ERS'  LEGAL  SERVICES SHALL PROVIDE NOTICE TO THE ATTORNEY FOR THE CHILD
 OR RETAINED COUNSEL OR APPOINTED COUNSEL, IF  ANY,  WHO  REPRESENT  SUCH
 YOUTH  AT  THE TIME THE COMPLAINT IS RECEIVED. UPON COMMENCING REPRESEN-
 TATION OF A YOUTH PURSUANT TO THIS SECTION,  PRISONERS'  LEGAL  SERVICES
 SHALL PROVIDE NOTICE TO THE PARENT, GUARDIAN, OR CUSTODIAN OF THE YOUTH.
 UPON  COMMENCING  REPRESENTATION  OF  A  YOUTH PURSUANT TO THIS SECTION,
 PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE  LOCAL  DEPARTMENT
 OF SOCIAL SERVICES AND/OR ENTITY WHICH IS THE TEMPORARY CUSTODIAN OF THE
 YOUTH  OR  WHICH FACILITATES THE YOUTH'S PLACEMENT OR CONFINEMENT AT THE
 TIME THE COMPLAINT IS RECEIVED.
   2. PRISONERS' LEGAL SERVICES SHALL  HAVE  THE  AUTHORITY  TO  INSPECT,
 REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION
 OF  A  YOUTH  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO,  USE  OF  FORCE  DOCUMENTS,  UNUSUAL  INCIDENT  REPORTS,
 MEDICAL  AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND PROGRAMMING
 INSTITUTIONAL RECORDS, PRESENTENCE REPORTS AND COURT RECORDS,  INCLUDING
 SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER.  THE ENTITY PROVIDING
 DOCUMENTS SHALL HAVE THE AUTHORITY TO REMOVE AND/OR REDACT THE CONFIDEN-
 TIAL  INFORMATION  OF  ANY YOUTH CONTAINED IN THE DOCUMENTS PROVIDED WHO
 ARE NOT REPRESENTED BY PRISONERS' LEGAL SERVICES.
   3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
 DENTIAL TOLL-FREE HOTLINE  FOR  THE  PURPOSE  OF  RECEIVING  REPORTS  OF
 MALTREATMENT  OR ABUSE FROM YOUTH RESIDING AT SECURE, LIMITED SECURE AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   4. ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL  SERVICES
 PURSUANT  TO  ITS FUNCTIONS UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL
 AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
 FURNISHING THE INFORMATION SHALL APPLY  TO  PRISONERS'  LEGAL  SERVICES.
 CONFIDENTIAL  INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES PURSUANT
 TO ITS FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO  LEGAL  DOCUMENTS
 AND PLEADINGS AS A SEALED EXHIBIT.
   5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
 PLACED IN FOSTER CARE PURSUANT TO SECTION THREE  HUNDRED  FIFTY-EIGHT-A,
 THREE  HUNDRED  EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
 SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE,  ONE  THOU-
 SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR
 ONE  THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED WITH
 A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVENTEEN  OR  ONE  THOUSAND
 FIFTY-FIVE OF THE FAMILY COURT ACT.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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