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This entry was published on 2019-10-04
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SECTION 510.15
Commitment of principal under seventeen or eighteen
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 510
§ 510.15 Commitment of principal under seventeen or eighteen.

1. When a principal who is under the age of sixteen is committed to
the custody of the sheriff the court must direct that the principal be
taken to and lodged in a place certified by the office of children and
family services as a juvenile detention facility for the reception of
children. When a principal who (a) commencing October first, two
thousand eighteen, is sixteen years of age; or (b) commencing October
first, two thousand nineteen, is sixteen or seventeen years of age, is
committed to the custody of the sheriff, the court must direct that the
principal be taken to and lodged in a place certified by the office of
children and family services in conjunction with the state commission of
correction as a specialized secure juvenile detention facility for older
youth. Where such a direction is made the sheriff shall deliver the
principal in accordance therewith and such person shall although lodged
and cared for in a juvenile detention facility continue to be deemed to
be in the custody of the sheriff. No principal under the age specified
to whom the provisions of this section may apply shall be detained in
any prison, jail, lockup, or other place used for adults convicted of a
crime or under arrest and charged with the commission of a crime without
the approval of the office of children and family services which shall
consult with the commission of correction if the principal is sixteen
years of age or older in the case of each principal and the statement of
its reasons therefor. The sheriff shall not be liable for any acts done
to or by such principal resulting from negligence in the detention of
and care for such principal, when the principal is not in the actual
custody of the sheriff.

2. Except upon consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal
previously committed to the custody of the sheriff pursuant to this
section, such order shall further direct the sheriff to deliver the
principal from a juvenile detention facility to the person or place
specified in the order.