Senate Bill S7957

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7957
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sens. SKOUFIS, BORRELLO, MARTINEZ, WEBER -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08464-01-5
 S. 7957                             2
              

 
   5. A DETENTION FACILITY, AS CERTIFIED BY THIS SECTION,  THAT  RECEIVES
 AUTHORIZATION  FROM  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES AS AN
 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.