S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7117
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT, FERNANDEZ, SEPULVEDA, WEBB --
   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. 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 NON-SECURE DETENTION FACILI-
 TIES, SECURE DETENTION FACILITIES, SPECIALIZED SECURE DETENTION  FACILI-
 TIES, SECURE RESIDENTIAL DIVISION FACILITIES, LIMITED SECURE RESIDENTIAL
 DIVISION  FACILITIES,  AND  NON-SECURE  RESIDENTIAL  DIVISION FACILITIES
 OPERATED, MAINTAINED, MONITORED OR CERTIFIED BY THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES, INCLUDING ALL PROPERTY, DOCUMENTS, RECORDS, POLI-
 CIES,  PROCEDURES,  STAFF  AND  ALL  SUCH  OTHER  THINGS  MAINTAINED  OR
 CONTROLLED BY SUCH FACILITIES.
   2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
 UNANNOUNCED  VISITS  AT  ALL  NON-SECURE  DETENTION  FACILITIES,  SECURE
 DETENTION  FACILITIES,  SPECIALIZED  SECURE DETENTION FACILITIES, SECURE
 RESIDENTIAL DIVISION FACILITIES,  LIMITED  SECURE  RESIDENTIAL  DIVISION
 FACILITIES,  AND  NON-SECURE  RESIDENTIAL  DIVISION FACILITIES OPERATED,
 MAINTAINED, MONITORED OR CERTIFIED BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES  TO  ENSURE  THE WELFARE OF THE YOUTH IS PROTECTED. THE CORREC-
 TIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW COPIES
 OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH FACILITIES.  IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00602-04-5
              

 S. 7117                             2
 
 THE  CORRECTIONAL ASSOCIATION LEARNS THAT A YOUTH HAS BEEN MALTREATED OR
 ABUSED, OR THAT A YOUTH HAS MADE ALLEGATIONS OF MALTREATMENT  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 NON-SECURE DETENTION FACILITIES, SECURE  DETENTION  FACILITIES,
 SPECIALIZED  SECURE  DETENTION  FACILITIES,  SECURE RESIDENTIAL DIVISION
 FACILITIES, LIMITED SECURE RESIDENTIAL DIVISION FACILITIES, AND  NON-SE-
 CURE  RESIDENTIAL DIVISION FACILITIES OPERATED, MAINTAINED, MONITORED OR
 CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.  ALL  CONFIDEN-
 TIAL  INFORMATION  THE CORRECTIONAL ASSOCIATION OBTAINS WHILE FULFILLING
 ITS DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND ANY  LIMITA-
 TIONS  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 NON-SECURE
 DETENTION FACILITIES, SECURE DETENTION  FACILITIES,  SPECIALIZED  SECURE
 DETENTION  FACILITIES,  SECURE  RESIDENTIAL DIVISION FACILITIES, LIMITED
 SECURE RESIDENTIAL DIVISION FACILITIES, AND NON-SECURE RESIDENTIAL DIVI-
 SION FACILITIES OPERATED, MAINTAINED, MONITORED  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 AVAIL-
 ABLE 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.
   § 2. The executive law is amended by adding two new sections 504-d and
 504-e to read as follows:
   §  504-D.  PRISONERS'  LEGAL  SERVICES OF NEW YORK HOTLINE ACCESS. THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT    ALL    YOUTH
 PLACED  IN NON-SECURE DETENTION FACILITIES, SECURE DETENTION FACILITIES,
 SPECIALIZED  SECURE  DETENTION  FACILITIES,  SECURE RESIDENTIAL DIVISION
 FACILITIES, LIMITED SECURE RESIDENTIAL DIVISION FACILITIES, AND  NON-SE-
 CURE  RESIDENTIAL DIVISION FACILITIES OPERATED, MAINTAINED, MONITORED 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  FOR  THE  PURPOSES OF REPORTING MALTREATMENT OR ABUSE AND
 S. 7117                             3
 
 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 FACILITIES  TO  ADVISE  THE  YOUTH  OF
 THEIR  PROCEDURAL  AND  SUBSTANTIVE  RIGHTS AND INFORM SUCH YOUTH OF THE
 HOTLINE.
   § 504-E. 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
 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  NON-SECURE  DETENTION  FACILITIES, SECURE DETENTION
 FACILITIES, SPECIALIZED SECURE DETENTION FACILITIES, SECURE  RESIDENTIAL
 DIVISION FACILITIES, LIMITED SECURE RESIDENTIAL DIVISION FACILITIES, AND
 NON-SECURE  RESIDENTIAL  DIVISION FACILITIES OPERATED, MAINTAINED, MONI-
 TORED 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 REPRE-
 SENTATION OF A YOUTH PURSUANT TO THIS SECTION, PRISONERS' 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 REPRESENTATION OF A YOUTH  PURSU-
 ANT  TO  THIS SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO
 THE PARENT, GUARDIAN, OR CUSTODIAN OF THE YOUTH.  UPON COMMENCING REPRE-
 SENTATION 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 FACILI-
 TATES 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 NON-SECURE DETENTION FACIL-
 ITIES, SECURE DETENTION FACILITIES, SPECIALIZED SECURE DETENTION FACILI-
 TIES, SECURE RESIDENTIAL DIVISION FACILITIES, LIMITED SECURE RESIDENTIAL
 DIVISION FACILITIES,  AND  NON-SECURE  RESIDENTIAL  DIVISION  FACILITIES
 OPERATED,  MAINTAINED,  MONITORED 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
 S. 7117                             4
 
 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.