Senate Bill S3352

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3352
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sens. SKOUFIS, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to permitting the  detention  of  juveniles  with  adults  in
   certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 510.15 of the criminal procedure law is amended  by
 adding a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE EVENT
 THERE IS NO CAPACITY AT THE CLOSEST FACILITY CERTIFIED BY THE OFFICE  OF
 CHILDREN AND FAMILY SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF
 CORRECTION  AS  A  SPECIALIZED SECURE JUVENILE DETENTION FACILITY TO THE
 SHERIFF'S DEPARTMENT, AS DETERMINED BY  MEASURING  THE  DIRECT  DISTANCE
 BETWEEN  SUCH  FACILITY  AND  SUCH  SHERIFF'S DEPARTMENT, THEN THE COURT
 SHALL, IN THE INTEREST OF JUSTICE, DIRECT THAT THE PRINCIPAL  BE  LODGED
 IN  A FACILITY APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
 CONJUNCTION WITH THE STATE COMMISSION OF  CORRECTION  WITH  ONE  HUNDRED
 PERCENT  SIGHT  AND  SOUND  SEPARATION FROM THE ADULT POPULATION. SHOULD
 THERE BE NO FACILITIES  WITHIN  A  REASONABLE  DISTANCE  THAT  HAVE  ONE
 HUNDRED  PERCENT  SIGHT  AND SOUND SEPARATION FROM THE ADULT POPULATION,
 THEN THE COURT SHALL, IN THE INTEREST OF JUSTICE, DIRECT  THE  PRINCIPAL
 BE  LODGED IN AN ADULT FACILITY UNTIL SUCH BED IS MADE AVAILABLE AT SUCH
 FACILITY OR THE CLOSEST SPECIALIZED SECURE JUVENILE  DETENTION  FACILITY
 AS DETERMINED BY MEASURING THE DIRECT DISTANCE BETWEEN SUCH FACILITY AND
 SUCH    SHERIFF'S DEPARTMENT. FOR THE PURPOSES OF THIS SECTION, "REASON-
 ABLE DISTANCE" SHALL MEAN WITHIN FIFTY MILES.
   § 2. Section 304.1 of the family court act is amended by adding a  new
 subdivision 5 to read as follows:
   5.  A  DETENTION FACILITY, AS CERTIFIED BY THIS SECTION, THAT RECEIVES
 AUTHORIZATION FROM THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  AS  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07039-01-3
              

 S. 3352                             2
 
 ALTERNATIVE  JAIL  PLACEMENT FOR AN ADOLESCENT OFFENDER SHALL BE GRANTED
 RIGHT OF FIRST REFUSAL IN CIRCUMSTANCES IN WHICH THERE ARE NO PLACEMENTS
 AVAILABLE AT THE CLOSEST SPECIALIZED SECURE JUVENILE DETENTION FACILITY,
 AS  DETERMINED  BY MEASURING THE DIRECT DISTANCE TO ANY SUCH FACILITIES,
 INCLUDING A FORTY-EIGHT-HOUR HOLDOVER FACILITY.
   § 3. This act shall take effect immediately.