NY State Senate Bill 2023-S7445

Current Bill Status - In Senate Committee Codes 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
Jan 03, 2024	referred to codes
Jun 10, 2023	recommitted to rules
May 30, 2023	ordered to third reading cal.1438 committee discharged and committed to rules
May 26, 2023	referred to codes

Votes

- May 30, 2023 - Rules Committee Vote
  S7445
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza

2023-S7445 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20, 140.27 & 410.40, CP L; amd §502, add §503-b, Exec L; amd §218-a, County L

2023-S7445 (ACTIVE) - Summary

Provides temporary holding facilities for adolescent offenders if no magistrate is available and an arrested juvenile or adolescent offender cannot be released prior to arraignment.

2023-S7445 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7445

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, the executive law and the
county law, in relation to providing temporary holding facilities for
adolescent offenders

This is one in a series of measures being introduced at the request of
the Acting Chief Administrative Judge upon the recommendation of her
Family Court Advisory and Rules Committee.  This measure addresses an
urgent problem that surfaced as the Judiciary and Executive agencies
planned for implementation of the "Raise the Age" legislation, which
became effective with respect to 16-year olds on October 1, 2018 and
17-year olds on October 1, 2019.  (L. 2017, c. 59, part www, hereinafter
"RTA"). The measure would allow for the temporary pre-arraignment
detention of juvenile and adolescent offenders in a specialized juvenile
secure detention facility where there is no court available to arraign
and issue a securing order for those offenders. Further, where there is
no specialized juvenile secure detention facility nearby, the measure
also authorizes a county to establish one or more temporary pre-appear-
ance secure holding facilities where a youth could be detained pending
arraignment.

Although the RTA legislation ensures prompt arraignments for most youth
arrested off hours or on weekends or holidays by providing for a system
of appearances before accessible magistrates designated by the Appellate
Divisions when Youth Parts are not in session, it is not feasible to
provide blanket 24-7 coverage throughout the State. While section
722.10(2) of the Criminal Procedure Law requires that "all areas of a
county are within a reasonable distance of a designated magistrate," it
does not, and in practical terms, could not require that every location
in the State have an accessible magistrate with defense counsel avail-
able at absolutely all hours of the night.  Currently, RTA requires
police agencies to bring an arrested offender to the Youth Part for
arraignment or, if the Youth Part is not in session, to the nearest
available accessible magistrate. However, even where an accessible
magistrate is available, an arraignment cannot proceed where defense
counsel is unavailable, and a delay of at least several hours before
arraignment is inevitable in many jurisdictions.

Both Federal and State law prohibit the detention of youth in a jail or
local lockup alongside adult prisoners. The Federal Juvenile Justice
Reform Act of 2018 (Public Law 115385; H.R. 6964, which was signed by
the President on December 21, 2018, re-authorized the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C.  § 11103) and, inter
alia, extended the "sight and sound separation" mandates formerly appli-
cable only to juvenile delinquents in Family Court to youth prosecuted
in the adult criminal justice system, thus including the Youth Parts
established pursuant to RTA. "Sight and sound contact" is defined as
"any physical, clear visual, or verbal contact that is not brief and
inadvertent." ' The State Plan requirements in the Act  
H.R. 6964, §
205), WHICH ARE PREREQUISITES TO NEW YORK STATE'S RECEIPT OF SIGNIFICANT
FEDERAL JUVENILE JUSTICE FUNDING, PROVIDE ONLY LIMITED CIRCUMSTANCES FOR
DEPARTURES FROM THE REQUIREMENTS IN THE INTERESTS OF JUSTICE. THOSE
LIMITED CIRCUMSTANCES DO NOT RESOLVE THE PRE-ARRAIGNMENT HOLDING AREA
PROBLEM SINCE JUDGES WOULD NOT BE AVAILABLE TO MAKE THE COMPREHENSIVE
FINDINGS DETAILED IN THE STATUTE.
THE U.S. DEPARTMENT OF JUSTICE INCLUDES COURT HOLDING FACILITIES IN THE
DETENTION AND LOCK-UP FACILITIES THAT THEY AUDIT PERIODICALLY FOR
COMPLIANCE AND IN NEW YORK STATE, THE STATE COMMISSION ON CORRECTIONS,
THROUGH AN AGREEMENT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, HAS
TAKEN ON THE RESPONSIBILITY OF REGULAR AUDITS OF COURT HOLDING FACILI-
TIES IN BETWEEN THE FEDERAL AUDITS. LIKEWISE, NEW YORK STATE LAW AND
REGULATIONS, INCLUDING PROVISIONS IN THE RAISE THE AGE STATUTE, PROHIBIT
COMMINGLING OF JUVENILE AND ADOLESCENT OFFENDERS WITH ADULTS. SEE CRIMI-
NAL PROCEDURE LAW § 510.15(1); CORRECTIONS LAW § 500-B(4); 9 N.Y.C.R.R.
§§ 180-1.3(B)(2), 180-3.3( C)(2). THE COURT RULE AUTHORIZING DESIGNATION
BY THE JUDICIARY OF LAW ENFORCEMENT ROOMS SUITABLE FOR THE QUESTIONING
OF JUVENILES, WHICH WERE MADE APPLICABLE TO JUVENILE AND ADOLESCENT
OFFENDERS BY RTA, REQUIRES THE ROOMS TO BE "OFFICE-LIKE," RATHER THAN
"JAIL-LIKE," AND REQUIRES SEPARATE ENTRANCES FOR JUVENILES OR PROCEDURES
TO "AVOID MINGLING WITH ADULT DETAINEES." SEE 22 N.Y.C.R.R. §§
205.20(D)(1), (6).

DURING HOURS WHEN NEITHER A YOUTH PART NOR AN ACCESSIBLE MAGISTRATE IS
AVAILABLE TO ISSUE A SECURING ORDER, LAW ENFORCEMENT OFFICIALS IN THE
MANY LOCATIONS IN THE STATE THAT LACK ADEQUATE SEPARATE FACILITIES FOR
HOLDING JUVENILE AND ADOLESCENT OFFENDERS PRIOR TO ARRAIGNMENT ARE LEFT
IN A QUANDARY. FOR LACK OF ALTERNATIVES, THEY HAVE BEEN COMPELLED TO
HOLD ARRESTED JUVENILE AND ADOLESCENT OFFENDERS FOR PERIODS OF TIME,
SOMETIMES OVERNIGHT, IN INTERROGATION ROOMS NOT EQUIPPED FOR SLEEPING,
OR HANDCUFFED TO CHAIRS IN SQUAD ROOMS OR EVEN HELD IN THE REAR SEAT OF
POLICE CARS AS UNDERSTAFFED POLICE CONTINUE TO PATROL THEIR COMMUNITIES
OR RESPOND TO EMERGENCIES. THIS PROBLEM DOES NOT ARISE FOR JUVENILE
DELINQUENTS BECAUSE THE FAMILY COURT ACT EXPRESSLY PROVIDES THAT WHERE
THE FAMILY COURT OR AN ACCESSIBLE MAGISTRATE IS UNAVAILABLE, A YOUTH
ARRESTED AS A JUVENILE DELINQUENT MAY BE DETAINED IN A PLACE CERTIFIED
BY THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES (SEE FCA
305.2(4)(C)) PRIOR TO THE ISSUANCE OF A DETENTION ORDER. UNFORTUNATELY,
THERE IS NO PARALLEL AUTHORITY IN CASES INVOLVING JUVENILE OR ADOLESCENT
OFFENDERS, AND POLICE ARE NOT PERMITTED TO BRING A YOUTH TO A SPECIAL-
IZED JUVENILE SECURE DETENTION FACILITY UNTIL THE YOUTH IS ARRAIGNED AND
THE COURT ISSUES A SECURING ORDER.

THIS MEASURE SOLVES THIS PROBLEM BY PROVIDING THAT WHERE A YOUTH, WHO
CANNOT BE RELEASED IS BEING HELD FOR ARRAIGNMENT AND WHERE THE YOUTH
PART OR AN ACCESSIBLE MAGISTRATE IS UNAVAILABLE, THE OFFICER MUST BRING
THE YOUTH TO A SPECIALIZED JUVENILE SECURE DETENTION FACILITY PENDING
THE NEXT SESSION OF THE YOUTH PART OR THE AVAILABILITY OF AN ACCESSIBLE
MAGISTRATE, WHICHEVER IS SOONER. TO ENSURE THERE WILL BE NO EXCESSIVE
PRE-ARRAIGNMENT DETENTION, THE MEASURE PROVIDES THAT IN NO EVENT MAY A
YOUTH BE HELD FOR MORE THAN EIGHTEEN HOURS. THE MEASURE ALSO RECOGNIZES
THAT SPECIALIZED SECURE DETENTION FACILITIES ARE NOT NECESSARILY LOCATED
WITHIN A REASONABLE DISTANCE OF MANY COUNTIES.  THEREFORE, THE MEASURE
ALSO PERMITS, BUT DOES NOT REQUIRE, A COUNTY TO ESTABLISH ONE OR MORE
TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITIES THAT MUST BE CERTI-
FIED BY THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES. SUCH FACILI-
TIES MAY BE CO-LOCATED WITH A PRISON, JAIL OR LOCAL LOCKUP FOR ADULT
OFFENDERS PROVIDED THAT APPROPRIATE SIGHT AND SOUND SEPARATION IS MAIN-
TAINED AND THE FACILITY IS NOT "JAIL-LIKE" IN APPEARANCE.

THIS MEASURE WOULD TAKE EFFECT 90 DAYS AFTER BECOMING LAW.

 
LEGISLATIVE HISTORY:

2021-22: OCA-19

1 EXISTING FEDERAL REGULATIONS, AS WELL AS THE FEDERAL AUDITING MANUAL,
FURTHER DELINEATE THE CRITERIA. SEE 28 C.F.R. § 31.303; GUIDANCE MANUAL
FOR MONITORING FACILITIES UNDER THE JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT (U.S. DEPT. OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
2007).

2023-S7445 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7445
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2023
                                ___________
 
 Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the executive  law  and  the
   county  law, in relation to providing temporary holding facilities for
   adolescent offenders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5-a of section 120.90 of the criminal procedure
 law,  as  added  by  section 16 of part WWW of chapter 59 of the laws of
 2017, is amended to read as follows:
   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  in
 session,  such officer [must] SHALL 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. IF NO
 SUCH  MAGISTRATE  IS  AVAILABLE  AND  AN ARRESTED JUVENILE OR ADOLESCENT
 OFFENDER CANNOT BE RELEASED PRIOR TO  ARRAIGNMENT,  SUCH  OFFICER  SHALL
 BRING  THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE, TO A
 SECURE JUVENILE DETENTION FACILITY OR TO A SPECIALIZED SECURE  DETENTION
 FACILITY  FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH SECTION 510.15 OF
 THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY  AVAILABLE,  TO  A
 TEMPORARY  PRE-APPEARANCE SECURE HOLDING FACILITY. THE ARRESTED JUVENILE
 OR ADOLESCENT OFFENDER MAY BE HELD IN SUCH DETENTION OR HOLDING FACILITY
 PENDING THE NEXT SESSION OF THE YOUTH PART  OR  THE  AVAILABILITY  OF  A
 MAGISTRATE DESIGNATED HEREUNDER, WHICHEVER IS SOONER, BUT IN NO EVENT TO
 EXCEED EIGHTEEN HOURS.
   § 2. Subdivision 8 of section 140.20 of the criminal procedure law, as
 added  by  section  19 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08976-01-3

 S. 7445                             2
 
   8. If the arrest is for a juvenile  offender  or  adolescent  offender
 other  than  an  arrest  for  a  violation or a traffic infraction, such
 offender shall be brought before the youth part of the  superior  court.
 If  the  youth  part  is  not in session, such offender shall be brought
 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. IF NO SUCH MAGISTRATE IS AVAILABLE AND  AN  ARRESTED  JUVENILE  OR
 ADOLESCENT  OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH OFFI-
 CER SHALL BRING THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS  APPLI-
 CABLE,  TO  A  SECURE  JUVENILE  DETENTION  FACILITY OR TO A SPECIALIZED
 SECURE DETENTION FACILITY FOR OLDER YOUTH CERTIFIED IN  ACCORDANCE  WITH
 SECTION  510.15 OF THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY
 AVAILABLE, TO A TEMPORARY PRE-APPEARANCE SECURE  HOLDING  FACILITY.  THE
 OFFENDER  MAY  BE HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE
 NEXT SESSION OF THE YOUTH PART  OR  THE  AVAILABILITY  OF  A  MAGISTRATE
 DESIGNATED  HEREUNDER,  WHICHEVER  IS  SOONER, BUT IN NO EVENT TO EXCEED
 EIGHTEEN HOURS.
   § 3. Subdivision 3-a of section 140.27 of the criminal procedure  law,
 as added by section 22 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   3-a.  If  the arrest is for a juvenile offender or adolescent offender
 other than an arrest for violations or traffic infractions, such  offen-
 der  shall  be  brought before the youth part of the superior court.  If
 the youth part is not in session, such offender 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.
 IF  NO SUCH MAGISTRATE IS AVAILABLE AND THE ARRESTED JUVENILE OR ADOLES-
 CENT OFFENDER CANNOT BE RELEASED  PRIOR  TO  ARRAIGNMENT,  SUCH  OFFICER
 SHALL BRING THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE,
 TO  A  SECURE  JUVENILE  DETENTION  FACILITY  OR TO A SPECIALIZED SECURE
 DETENTION FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH  SECTION
 510.15  OF  THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY AVAIL-
 ABLE, TO A TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY. THE  OFFEN-
 DER  MAY  BE HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE NEXT
 SESSION OF THE YOUTH PART OR THE AVAILABILITY OF A MAGISTRATE DESIGNATED
 HEREUNDER, WHICHEVER IS SOONER, BUT  IN  NO  EVENT  TO  EXCEED  EIGHTEEN
 HOURS.
   §  4. Paragraph (b) of subdivision 2 of section 410.40 of the criminal
 procedure law, as added by section 32 of part WWW of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (b)  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 officer certified as a peace
 officer, such executing officer shall,  where  a  defendant  is  sixteen
 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
 on  or  after October first, two thousand eighteen, or 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 on or after October first, two thousand nineteen,  bring  the
 defendant  without  unnecessary  delay  before the youth part, provided,
 however that if the youth part is not in session, the defendant shall be
 brought before the most accessible magistrate designated by  the  appel-
 late  division.  IF  NO SUCH MAGISTRATE IS AVAILABLE AND THE JUVENILE OR
 ADOLESCENT OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH  OFFI-
 CER SHALL BRING THE JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE, TO A
 S. 7445                             3
 
 SECURE  JUVENILE DETENTION FACILITY OR TO A SPECIALIZED SECURE DETENTION
 FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH SECTION 510.15  OF
 THIS  CHAPTER  OR,  IF SUCH A FACILITY IS NOT REASONABLY AVAILABLE, TO A
 TEMPORARY  PRE-APPEARANCE  SECURE  HOLDING FACILITY. THE OFFENDER MAY BE
 HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE NEXT  SESSION  OF
 THE YOUTH PART OR THE AVAILABILITY OF A MAGISTRATE DESIGNATED HEREUNDER,
 WHICHEVER IS SOONER, BUT IN NO EVENT TO EXCEED EIGHTEEN HOURS.
   §  5. Subdivision 3 of section 502 of the executive law, as amended by
 section 19 of part K of chapter 56 of the laws of 2019,  is  amended  to
 read as follows:
   3.  "Detention" means the temporary care and maintenance of youth held
 away from their homes pursuant to article three of the family court act,
 or held pending ISSUANCE OF A SECURING ORDER IF THE YOUTH IS CHARGED  AS
 A JUVENILE OFFENDER OR ADOLESCENT OFFENDER OR HELD PENDING a hearing for
 alleged  violation  of the conditions of release from an office of chil-
 dren and family services facility or authorized agency, or held  pending
 a hearing for alleged violation of the condition of parole as a juvenile
 offender,  youthful  offender  or  adolescent  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,  youthful
 offender  or  adolescent offender or held pending a hearing on an exten-
 sion of placement or held pending transfer to a facility upon commitment
 or placement by a court. Only alleged or convicted  juvenile  offenders,
 youthful  offenders  or adolescent offenders who have not attained their
 eighteenth or, commencing October first, two  thousand  eighteen,  their
 twenty-first  birthday  shall  be  subject  to  detention in a detention
 facility. Commencing October first, two thousand eighteen, a  youth  who
 on  or after such date [committed] IS CHARGED WITH COMMITTING an offense
 when the youth was sixteen years of age; or  commencing  October  first,
 two  thousand  nineteen, a youth who [committed] IS CHARGED WITH COMMIT-
 TING an offense on or after such date when the youth was seventeen years
 of age held pursuant to a securing order of  a  criminal  court  if  the
 youth is charged as an adolescent offender or held pending a hearing for
 alleged  violation of the condition of parole as an adolescent offender,
 [must] SHALL be held in a specialized secure juvenile detention facility
 for older youth certified by the state office  of  children  and  family
 services  in  conjunction  with  the  state commission of correction, OR
 PENDING ISSUANCE OF A SECURING ORDER HELD FOR NO  LONGER  THAN  EIGHTEEN
 HOURS  IN  A  SPECIALIZED SECURE DETENTION FACILITY FOR OLDER YOUTH OR A
 TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY FOR ADOLESCENT YOUTH.
   § 6. The executive law is amended by adding a  new  section  503-b  to
 read as follows:
   §  503-B. TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITIES FOR JUVE-
 NILE AND ADOLESCENT OFFENDERS. 1. THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL  ESTABLISH  REGULATIONS  FOR  THE OPERATION OF TEMPORARY
 PRE-APPEARANCE SECURE HOLDING FACILITIES  FOR  JUVENILE  AND  ADOLESCENT
 OFFENDERS  PURSUANT  TO  THIS ARTICLE AND SUBDIVISION SIX OF SECTION TWO
 HUNDRED  EIGHTEEN-A  OF  THE  COUNTY  LAW.  NOTWITHSTANDING  ANY   OTHER
 PROVISION  OF LAW, THE OFFICE, IN CONSULTATION WITH THE STATE COMMISSION
 OF CORRECTION, SHALL  JOINTLY  REGULATE,  CERTIFY,  VISIT,  INSPECT  AND
 SUPERVISE TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITIES FOR ADOLES-
 CENT  OFFENDERS. THE OFFICE SHALL MAINTAIN A LIST ON-LINE OF ALL FACILI-
 TIES CERTIFIED FOR THE TEMPORARY PRE-APPEARANCE  HOLDING  OF  ADOLESCENT
 OFFENDERS AND SHALL FILE A COPY OF THAT LIST PERIODICALLY WITH THE CLERK
 S. 7445                             4
 
 OF  THE YOUTH PART ESTABLISHED IN EACH COUNTY IN ACCORDANCE WITH ARTICLE
 SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW.
   2.  THE  HOLDING FACILITIES SHALL TEMPORARILY ACCOMMODATE JUVENILE AND
 ADOLESCENT OFFENDERS, AS DEFINED, RESPECTIVELY, IN  SUBDIVISIONS  FORTY-
 TWO  AND  FORTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO
 ARE AWAITING AN APPEARANCE BEFORE A YOUTH PART OF A SUPERIOR COURT OR AN
 AVAILABLE DESIGNATED MAGISTRATE,  WHICHEVER  IS  EARLIER,  AND  WHO  MAY
 NEITHER BE RELEASED NOR REASONABLY HELD TEMPORARILY IN A SECURE JUVENILE
 DETENTION  FACILITY OR A SPECIALIZED SECURE DETENTION FACILITY FOR OLDER
 YOUTH, AS APPLICABLE, PENDING SUCH APPEARANCE. NO JUVENILE OR ADOLESCENT
 OFFENDER MAY BE HELD IN A HOLDING FACILITY UNDER THIS SECTION  FOR  MORE
 THAN EIGHTEEN HOURS.
   3. NO JUVENILE OR ADOLESCENT OFFENDERS MAY BE HELD IN A HOLDING FACIL-
 ITY  ESTABLISHED  PURSUANT  TO THIS SECTION UNLESS THE FACILITY HAS BEEN
 CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE REGULATIONS
 OF SUCH OFFICE SHALL SET FORTH  PROCEDURES  AND  REQUIREMENTS  FOR  SUCH
 CERTIFICATION,  INCLUDING  REQUIREMENTS  FOR A MAXIMUM CAPACITY THAT MAY
 NOT BE EXCEEDED AND FOR BACKGROUND CHECKS OF ALL  EMPLOYEES.  THE  REGU-
 LATIONS  SHALL  ALSO DELINEATE PROCEDURES FOR THE RENEWAL OF THE CERTIF-
 ICATION AND, UPON GOOD CAUSE, FOR THE SUSPENSION AND REVOCATION  OF  THE
 CERTIFICATION, INCLUDING A RIGHT TO A PRE-REVOCATION HEARING.
   4.  THE  FACILITIES  SHALL BE APPROPRIATE FOR THE CARE OF JUVENILE AND
 ADOLESCENT OFFENDERS AND SHALL NOT BE JAIL-LIKE IN APPEARANCE.  IF  SUCH
 FACILITIES  ARE  CO-LOCATED WITH ANY PRISON, JAIL, LOCKUP OR OTHER PLACE
 USED FOR ADULTS CONVICTED OF OR UNDER ARREST FOR A CRIME, THERE SHALL BE
 SIGHT AND SOUND SEPARATION BETWEEN THE JUVENILE AND ADOLESCENT OFFENDERS
 HELD IN SUCH FACILITIES AND ANY ADULTS IN SUCH PRISON, JAIL,  LOCKUP  OR
 OTHER  PLACE. THE HOLDING FACILITIES SHALL BE SUPERVISED AT ALL TIMES BY
 STAFF TRAINED IN THE CARE OF JUVENILE AND ADOLESCENT OFFENDERS AND SHALL
 CONTAIN CLEAN, WELL-MAINTAINED FACILITIES.
   § 7. Section 218-a of the county law, as amended by chapter 880 of the
 laws of 1976, the opening paragraph of subdivision A as amended by chap-
 ter 465 of the laws of 1992, paragraphs 1, 2, 3, and 4 of subdivision  A
 as  amended  by chapter 555 of the laws of 1978, paragraph 6 of subdivi-
 sion A as added by section 82-b of part WWW of chapter 59 of the laws of
 2017, subdivision B as amended by chapter 419 of the laws  of  1987  and
 subdivision C as added by section 12 of part E of chapter 57 of the laws
 of 2005, is amended to read as follows:
   §  218-a.  County detention facilities for juvenile delinquents, JUVE-
 NILE AND ADOLESCENT OFFENDERS and persons in  need  of  supervision.  A.
 [To]  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
 LATIONS TO assure that suitable  and  conveniently  accessible  accommo-
 dations  and proper and adequate detention in secure, SPECIALIZED SECURE
 and non-secure detention facilities, as defined in section five  hundred
 two of the executive law and the regulations of [the division for youth]
 SUCH  OFFICE,  will  be  available when required for the temporary care,
 maintenance and security of alleged and  convicted  juvenile  offenders,
 alleged  and  adjudicated  juvenile  delinquents,  ALLEGED AND CONVICTED
 ADOLESCENT OFFENDERS and alleged and  adjudicated  persons  in  need  of
 supervision.  Such  regulations  shall not require any county to provide
 temporary care in a secure detention facility for residents of any other
 county except upon a space available basis.  The  county  executive,  if
 there  be  one,  otherwise  the board of supervisors shall designate the
 agency of county government responsible for the  administration  of  the
 county juvenile detention program and shall so advise the New York state
 S. 7445                             5
 
 [division  for  youth]  OFFICE  OF CHILDREN AND FAMILY SERVICES, and may
 make provisions therefor as follows:
   1.  Provide  for  the  continued operation of the county's established
 detention facility, so long as  it  complies  with  regulations  of  the
 [division  for  youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES, and is
 certified by [that division] SUCH OFFICE.
   2. Authorize a contract between its county and one or more other coun-
 ties, which is or are  operating  a  conveniently  accessible  detention
 facility  certified  by  the [division for youth] OFFICE OF CHILDREN AND
 FAMILY SERVICES and in compliance with regulations of [the division  for
 youth] SUCH OFFICE, providing for the reception, temporary accommodation
 and care in such facility of alleged or adjudicated juvenile delinquents
 and  persons  in need of supervision held for or at the direction of its
 family court, for and in consideration of the payments to be made there-
 for, on a per capita basis, pursuant to the terms of such contract.
   3. Authorize a contract between its county and one or more other coun-
 ties providing for the joint operation and maintenance  by  them  of  an
 already  established  county  detention  facility certified by the state
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and operated
 and maintained in compliance with the regulations of [the  division  for
 youth]  SUCH  OFFICE,  which  is conveniently accessible to the counties
 concerned. Such authorization and contract may  include  provisions  for
 remodeling or enlarging the building of such facility.
   4. Authorize a contract between its county and one or more other coun-
 ties providing for the joint establishment, operation and maintenance by
 such  counties  of  a new joint county detention facility which shall be
 located on a site conveniently accessible to the counties concerned  and
 which  shall  be  certified  by the state [division for youth] OFFICE OF
 CHILDREN AND FAMILY SERVICES and which shall  be  established,  operated
 and  maintained  in compliance with the regulations of [the division for
 youth] SUCH OFFICE.
   5. The resolution providing for joint action under PARAGRAPH three  or
 four [above] OF THIS SUBDIVISION shall be adopted by the board of super-
 visors  of  each  of  the  several  counties  affected,  and a committee
 composed of at least one member of each of such boards shall be  created
 to  acquire  the  necessary  real  property  in the name of the counties
 affected, and as the joint agent of such counties such  committee  shall
 have charge of the construction, equipment, maintenance and operation of
 such joint county detention facility and, with the advice of an advisory
 committee  consisting  of  the judge of the family court and the commis-
 sioner of social services of each of said counties, shall supervise  and
 control  the  maintenance  and  operation of such joint county detention
 facility. The said resolution may specify the matters as  to  which  the
 action  of such committee shall require the joint approval of the boards
 of supervisors of all the counties  affected  and  shall  prescribe  the
 proportions  to be borne by each of the several counties affected of the
 costs of acquisition of the site and of  construction  of  a  new  joint
 county detention facility and the proportions to be borne by each of the
 several counties affected of the costs of operation of such joint county
 detention  facility,  whether  established  by new joint acquisition and
 construction or by utilization of an existing county detention facility.
 The moneys to pay the share to be borne by each county affected shall be
 provided by appropriation in such amounts and at such times  as  may  be
 agreed upon.
   6.  Notwithstanding  any  other  provision  of law, commencing October
 first, two thousand eighteen, a county [must] SHALL provide for adequate
 S. 7445                             6
 
 detention of alleged or convicted adolescent offenders in a  specialized
 secure  detention  facility for older youth who are alleged or convicted
 of committing an offense  when  they  were  sixteen  years  of  age  and
 commencing  October  first, two thousand nineteen, a county [must] SHALL
 provide for adequate detention of alleged or convicted adolescent offen-
 ders in a specialized secure detention facility for older youth who  are
 alleged  or convicted of committing an offense when they were sixteen or
 seventeen years of age. Such facility shall be certified  and  regulated
 by  the  office  of children and family services in conjunction with the
 state commission of correction. Such facility shall: (i)  have  enhanced
 security  features  and  specially  trained  staff;  and (ii) be jointly
 administered by the agency of county government designated in accordance
 with subdivision A of this section and the  applicable  county  sheriff,
 which  both  shall have the power to perform all acts necessary to carry
 out their duties. The county sheriff shall be subject to the  same  laws
 that  apply to the designated county agency regarding the protection and
 confidentiality of the information about the youth in such facility  and
 shall prevent access thereto by, or the distribution thereof to, persons
 not  authorized by law.  WHERE A COUNTY IS NOT LOCATED IN PROXIMITY TO A
 SECURE JUVENILE DETENTION FACILITY FOR JUVENILE OFFENDERS OR A  SPECIAL-
 IZED  SECURE DETENTION FACILITY FOR OLDER YOUTH ADOLESCENT OFFENDERS, IT
 MAY ESTABLISH, ON AN AS-NEEDED BASIS, ONE OR MORE TEMPORARY  PRE-APPEAR-
 ANCE  SECURE HOLDING FACILITIES FOR JUVENILE AND ADOLESCENT OFFENDERS IN
 ACCORDANCE WITH SECTION FIVE HUNDRED THREE-B OF THE EXECUTIVE LAW.  SUCH
 HOLDING  FACILITIES  SHALL  BE  CERTIFIED AND REGULATED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF
 CORRECTION AND SHALL BE AVAILABLE TO HOLD  FOR  NO  MORE  THAN  EIGHTEEN
 HOURS ANY JUVENILE OR ADOLESCENT OFFENDER WHO CANNOT BE RELEASED OR HELD
 IN  A SECURE JUVENILE DETENTION FACILITY OR SPECIALIZED SECURE DETENTION
 FACILITY FOR OLDER YOUTH, AS APPLICABLE, PENDING AN APPEARANCE BEFORE  A
 YOUTH PART OR ACCESSIBLE MAGISTRATE, WHICHEVER IS SOONER.
   B.  Notwithstanding any other provision of law, each board of supervi-
 sors shall provide or assure the availability of conveniently accessible
 and adequate non-secure detention facilities,  certified  by  the  state
 [division  for  youth]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  as
 resources for the family court in the county pursuant to articles  seven
 and three of the family court act, to be operated in compliance with the
 regulations  of  [the  division for youth] SUCH OFFICE for the temporary
 care and maintenance of alleged and adjudicated juvenile delinquents and
 persons in need of supervision held for or at the direction of a  family
 court.
   C.  Each  county shall offer diversion services to children who are at
 risk of being the subject of a petition under [article]  ARTICLES  THREE
 AND  seven  of  the family court act. Such services shall be designed to
 provide an immediate response to families in crisis and to identify  and
 utilize appropriate alternatives to juvenile detention.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7445

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

May 30, 2023 - Rules Committee Vote

Rules Committee Vote: May 30, 2023

2023-S7445 (ACTIVE) - Details

2023-S7445 (ACTIVE) - Summary

2023-S7445 (ACTIVE) - Sponsor Memo

2023-S7445 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7445

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Codes Committee

2023-S7445 (ACTIVE) - Details

2023-S7445 (ACTIVE) - Summary

2023-S7445 (ACTIVE) - Sponsor Memo

2023-S7445 (ACTIVE) - Bill Text download pdf

Comments