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This entry was published on 2023-01-06
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SECTION 502
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 19-G, TITLE 2
§ 502. Definitions. Unless otherwise specified in this article:

1. "Director" means the director of the division for youth.

2. "Division" means the division for youth.

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 a hearing for alleged violation of the conditions of
release from an office of children 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 extension 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 an
offense when the youth was sixteen years of age; or commencing October
first, two thousand nineteen, a youth who committed 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 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.

4. For purposes of this article, the term "youth" shall mean a person
not less than twelve years of age and not more than twenty-two years of
age, unless such youth is over the age of seven and less than twelve
years and is alleged to be or adjudicated a juvenile delinquent, as
applicable, pursuant to subparagraph (iii) of paragraph (a) of
subdivision one of section 301.2 of the family court act.

5. "Placement" means the transfer of a youth to the custody of the
division pursuant to the family court act.

6. "Commitment" means the transfer of a youth to the custody of the
division pursuant to the penal law.

7. "Conditional release" means the transfer of a youth from facility
status to aftercare supervision under the continued custody of the
division.

8. "Discharge" means the termination of division custody of a youth.

9. "Aftercare" means supervision of a youth on conditional release
status under the continued custody of the division.