§ 353.5. Designated felony acts; restrictive placement. 1. Where the
respondent is found to have committed a designated felony act, the order
of disposition shall be made within twenty days of the conclusion of the
dispositional hearing and shall include a finding based on a
preponderance of the evidence as to whether, for the purposes of this
article, the respondent does or does not require a restrictive placement
under this section, in connection with which the court shall make
specific written findings of fact as to each of the elements set forth
in paragraphs (a) through (e) in subdivision two as related to the
particular respondent. If the court finds that a restrictive placement
under this section is not required, the court shall enter any other
order of disposition provided in section 352.2. If the court finds that
a restrictive placement is required, it shall continue the proceeding
and enter an order of disposition for a restrictive placement. Every
order under this section shall be a dispositional order, shall be made
after a dispositional hearing and shall state the grounds for the order.

2. In determining whether a restrictive placement is required, the
court shall consider:

(a) the needs and best interests of the respondent;

(b) the record and background of the respondent, including but not
limited to information disclosed in the probation investigation and
diagnostic assessment;

(c) the nature and circumstances of the offense, including whether any
injury was inflicted by the respondent or another participant;

(d) the need for protection of the community; and

(e) the age and physical condition of the victim.

3. Notwithstanding the provisions of subdivision two, the court shall
order a restrictive placement in any case where the respondent is found
to have committed a designated felony act in which the respondent
inflicted serious physical injury, as that term is defined in
subdivision ten of section 10.00 of the penal law, upon another person
who is sixty-two years of age or more.

* 4. When the order is for a restrictive placement in the case of a
youth found to have committed a designated class A felony act,

(a) the order shall provide that:

(i) the respondent shall be placed with the office of children and
family services for an initial period of five years. If the respondent
has been in detention pending disposition, the initial period of
placement ordered under this section shall be credited with and
diminished by the amount of time spent by the respondent in detention
prior to the commencement of the placement unless the court finds that
all or part of such credit would not serve the needs and best interests
of the respondent or the need for protection of the community.

(ii) the respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than twelve nor more than
eighteen months provided, however, where the order of the court is made
in compliance with subdivision five of this section, the respondent
shall initially be confined in a secure facility for eighteen months.

(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an approved
juvenile justice services close to home initiative pursuant to section
four hundred four of the social services law for an act committed when
the respondent was under sixteen years of age, once the time frames in
subparagraph (ii) of this paragraph are met:

(A) beginning on the effective date of such a social services
district's plan that only covers juvenile delinquents placed in
non-secure settings, if the office of children and family services
concludes, based on the needs and best interests of the respondent and
the need for protection for the community, that a non-secure level of
care is appropriate for the respondent, such office shall file a
petition pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent placed with the applicable
local commissioner of social services; and

(B) beginning on the effective date of such a social services
district's plan that covers juvenile delinquents placed in limited
secure settings, if the office of children and family services
concludes, based on the needs and best interests of the respondent and
the need for protection for the community, that a non-secure or limited
secure level of care is appropriate for the respondent, such office
shall file a petition pursuant to paragraph (b) or (c) of subdivision
two of section 355.1 of this part to have the respondent placed with the
applicable local commissioner of social services.

(C) If the respondent is placed with the local commissioner of social
services in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to apply to
the respondent's placement.

(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in subparagraph (ii) of this paragraph, nor may the respondent
be released from a residential facility during the period provided in
subparagraph (iii) of this paragraph. No home visits shall be permitted
during the period of secure confinement set by the court order or one
year, whichever is less, except for emergency visits for medical
treatment or severe illness or death in the family. All home visits must
be accompanied home visits: (A) while a youth is confined in a secure
facility, whether such confinement is pursuant to a court order or
otherwise; (B) while a youth is confined in a residential facility other
than a secure facility within six months after confinement in a secure
facility; and (C) while a youth is confined in a residential facility
other than a secure facility in excess of six months after confinement
in a secure facility unless two accompanied home visits have already
occurred. An "accompanied home visit" shall mean a home visit during
which the youth shall be accompanied at all times while outside the
secure or residential facility by appropriate personnel of the office of
children and family services or, if applicable, a local social services
district which operates an approved juvenile justice services close to
home initiative pursuant to section four hundred four of the social
services law.

(b) Notwithstanding any other provision of law, during the first
twelve months of the respondent's placement, no motion, hearing or order
may be made, held or granted pursuant to section 355.1; provided,
however, that during such period a motion to vacate the order may be
made pursuant to such section, but only upon grounds set forth in
section 440.10 of the criminal procedure law.

(c) During the placement or any extension thereof:

(i) after the expiration of the period provided in subparagraph (iii)
of paragraph (a) of this subdivision, the respondent shall not be
released from a residential facility without the written approval of the
office of children and family services or, if applicable, a social
services district operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law.

(ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.

(iii) the respondent shall not be discharged from the custody of the
office of children and family services or, if applicable, a social
services district operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law, unless a motion therefor under section 355.1 is granted by
the court, which motion shall not be made prior to the expiration of
three years of the placement.

(iv) unless otherwise specified in the order, the office of children
and family services or, if applicable, a social services district
operating an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.

(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the office of children and
family services, or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law, after a
dispositional hearing, for an additional period not to exceed twelve
months, but no initial placement or extension of placement under this
section may continue beyond the respondent's twenty-first birthday, or,
for an act that was committed when the respondent was sixteen years of
age or older, the respondent's twenty-third birthday.

(e) The court may also make an order pursuant to subdivision two of
section 353.4.

* NB Effective until March 31, 2028

* 4. When the order is for a restrictive placement in the case of a
youth found to have committed a designated class A felony act,

(a) the order shall provide that:

(i) the respondent shall be placed with the division for youth for an
initial period of five years. If the respondent has been in detention
pending disposition, the initial period of placement ordered under this
section shall be credited with and diminished by the amount of time
spent by the respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such credit would
not serve the needs and best interests of the respondent or the need for
protection of the community.

(ii) the respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than twelve nor more than
eighteen months provided, however, where the order of the court is made
in compliance with subdivision five the respondent shall initially be
confined in a secure facility for eighteen months.

(iii) after the period set under clause (ii), the respondent shall be
placed in a residential facility for a period of twelve months.

(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in clause (ii) of this paragraph, nor may the respondent be
released from a residential facility during the period provided in
clause (iii). No home visits shall be permitted during the period of
secure confinement set by the court order or one year, whichever is
less, except for emergency visits for medical treatment or severe
illness or death in the family. All home visits must be accompanied home
visits: (A) while a youth is confined in a secure facility, whether such
confinement is pursuant to a court order or otherwise; (B) while a youth
is confined in a residential facility other than a secure facility
within six months after confinement in a secure facility; and (C) while
a youth is confined in a residential facility other than a secure
facility in excess of six months after confinement in a secure facility
unless two accompanied home visits have already occurred. An
"accompanied home visit" shall mean a home visit during which the youth
shall be accompanied at all times while outside the secure or
residential facility by appropriate personnel of the division for youth
designated pursuant to regulations of the director of the division.

(b) Notwithstanding any other provision of law, during the first
twelve months of the respondent's placement, no motion, hearing or order
may be made, held or granted pursuant to section 355.1; provided,
however, that during such period a motion to vacate the order may be
made pursuant to 355.1, but only upon grounds set forth in section
440.10 of the criminal procedure law.

(c) During the placement or any extension thereof:

(i) after the expiration of the period provided in clause (iii) of
paragraph (a), the respondent shall not be released from a residential
facility without the written approval of the director of the division
for youth or his designated deputy director.

(ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.

(iii) the respondent shall not be discharged from the custody of the
division for youth, unless a motion therefor under section 355.1 is
granted by the court, which motion shall not be made prior to the
expiration of three years of the placement.

(iv) unless otherwise specified in the order, the division shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.

(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the office of children and
family services after a dispositional hearing, for an additional period
not to exceed twelve months, but no initial placement or extension of
placement under this section may continue beyond the respondent's
twenty-first birthday, or, for an act that was committed when the
respondent was sixteen years of age or older, the respondent's
twenty-third birthday.

(e) The court may also make an order pursuant to subdivision two of
section 353.4.

* NB Effective March 31, 2028

* 5. When the order is for a restrictive placement in the case of a
youth found to have committed a designated felony act, other than a
designated class A felony act,

(a) the order shall provide that:

(i) the respondent shall be placed with the office of children and
family services for an initial period of three years. If the respondent
has been in detention pending disposition, the initial period of
placement ordered under this section shall be credited with and
diminished by the amount of time spent by the respondent in detention
prior to the commencement of the placement unless the court finds that
all or part of such credit would not serve the needs and best interests
of the respondent or the need for protection of the community.

(ii) the respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than six nor more than
twelve months.

(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period
set by the order, to be not less than six nor more than twelve months;
provided, however, that if the respondent has been placed from a family
court in a social services district operating an approved juvenile
justice services close to home initiative pursuant to section four
hundred four of the social services law, once the time frames in
subparagraph (ii) of this paragraph are met:

(A) beginning on the effective date of such a social services
district's plan that only covers juvenile delinquents placed in
non-secure settings, if the office of children and family services
concludes, based on the needs and best interests of the respondent and
the need for protection for the community, that a non-secure level of
care is appropriate for the respondent, such office shall file a
petition pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent placed with the applicable
local commissioner of social services; and

(B) beginning on the effective date of such a social services
district's plan to implement programs for youth placed in limited secure
settings, if the office of children and family services concludes, based
on the needs and best interests of the respondent and the need for
protection for the community, that a non-secure or limited secure level
of care is appropriate for the respondent, such office shall file a
petition pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent placed with the applicable
local commissioner of social services.

(C) If the respondent is placed with a local commissioner of social
services in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to apply to
the respondent's placement.

(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to subparagraph (ii) of this paragraph,
nor may the respondent be released from a residential facility during
the period provided by the court pursuant to subparagraph (iii) of this
paragraph. No home visits shall be permitted during the period of secure
confinement set by the court order or one year, whichever is less,
except for emergency visits for medical treatment or severe illness or
death in the family. All home visits must be accompanied home visits:
(A) while a youth is confined in a secure facility, whether such
confinement is pursuant to a court order or otherwise; (B) while a youth
is confined in a residential facility other than a secure facility
within six months after confinement in a secure facility; and (C) while
a youth is confined in a residential facility other than a secure
facility in excess of six months after confinement in a secure facility
unless two accompanied home visits have already occurred. An
"accompanied home visit" shall mean a home visit during which the youth
shall be accompanied at all times while outside the secure or
residential facility by appropriate personnel of the office of children
and family services or, if applicable, a social services district
operating an approved juvenile justice close to home initiative pursuant
to section four hundred four of the social services law.

(b) Notwithstanding any other provision of law, during the first six
months of the respondent's placement, no motion, hearing or order may be
made, held or granted pursuant to section 355.1; provided, however, that
during such period a motion to vacate the order may be made pursuant to
such section, but only upon grounds set forth in section 440.10 of the
criminal procedure law.

(c) During the placement or any extension thereof:

(i) after the expiration of the period provided in subparagraph (iii)
of paragraph (a) of this subdivision, the respondent shall not be
released from a residential facility without the written approval of the
office of children and family services or, if applicable, a social
services district operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law.

(ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.

(iii) the respondent shall not be discharged from the custody of the
office of children and family services, or, if applicable, a social
services district operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law.

(iv) unless otherwise specified in the order, the office of children
and family services or, if applicable, a social services district
operating an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law, shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.

(d) Upon the expiration of the initial period of placement or any
extension thereof, the placement may be extended in accordance with
section 355.3 upon petition of any party or the office of children and
family services or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law, after a
dispositional hearing, for an additional period not to exceed twelve
months, but no initial placement or extension of placement under this
section may continue beyond the respondent's twenty-first birthday.

(e) The court may also make an order pursuant to subdivision two of
section 353.4.

* NB Effective until March 31, 2028

* 5. When the order is for a restrictive placement in the case of a
youth found to have committed a designated felony act, other than a
designated class A felony act,

(a) the order shall provide that:

(i) the respondent shall be placed with the division for youth for an
initial period of three years. If the respondent has been in detention
pending disposition, the initial period of placement ordered under this
section shall be credited with and diminished by the amount of time
spent by the respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such credit would
not serve the needs and best interests of the respondent or the need for
protection of the community.

(ii) the respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than six nor more than
twelve months.

(iii) after the period set under clause (ii), the respondent shall be
placed in a residential facility for a period set by the order, to be
not less than six nor more than twelve months.

(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to clause (ii), nor may the respondent be
released from a residential facility during the period provided by the
court pursuant to clause (iii). No home visits shall be permitted during
the period of secure confinement set by the court order or one year,
whichever is less, except for emergency visits for medical treatment or
severe illness or death in the family. All home visits must be
accompanied home visits: (A) while a youth is confined in a secure
facility, whether such confinement is pursuant to a court order or
otherwise; (B) while a youth is confined in a residential facility other
than a secure facility within six months after confinement in a secure
facility; and (C) while a youth is confined in a residential facility
other than a secure facility in excess of six months after confinement
in a secure facility unless two accompanied home visits have already
occurred. An "accompanied home visit" shall mean a home visit during
which the youth shall be accompanied at all times while outside the
secure or residential facility by appropriate personnel of the division
for youth designated pursuant to regulations of the director of the
division.

(b) Notwithstanding any other provision of law, during the first six
months of the respondent's placement, no motion, hearing or order may be
made, held or granted pursuant to section 355.1; provided, however, that
during such period a motion to vacate the order may be made pursuant to
such section, but only upon grounds set forth in section 440.10 of the
criminal procedure law.

(c) During the placement or any extension thereof:

(i) after the expiration of the period provided in clause (iii) of
paragraph (a), the respondent shall not be released from a residential
facility without the written approval of the director of the division
for youth or his designated deputy director.

(ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.

(iii) the respondent shall not be discharged from the custody of the
division for youth.

(iv) unless otherwise specified in the order, the division shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.

(d) Upon the expiration of the initial period of placement or any
extension thereof, the placement may be extended in accordance with
section 355.3 upon petition of any party or the division for youth,
after a dispositional hearing, for an additional period not to exceed
twelve months, but no initial placement or extension of placement under
this section may continue beyond the respondent's twenty-first birthday.

(e) The court may also make an order pursuant to subdivision two of
section 353.4.

* NB Effective March 31, 2028

6. When the order is for a restrictive placement in the case of a
youth found to have committed any designated felony act and such youth
has been found by a court to have committed a designated felony act on a
prior occasion, regardless of the age of such youth at the time of
commission of such prior act, the order of the court shall be made
pursuant to subdivision four.

7. If the dispositional hearing has been adjourned on a finding of
specific circumstances pursuant to subdivision six of section 350.1
while the respondent is in detention, where a restrictive placement is
subsequently ordered, time spent by the respondent in detention during
such additional adjournment shall be credited and applied against any
term of secure confinement ordered by the court pursuant to subdivision
four or five.

* 8. The office of children and family services or, if applicable, the
social services district operating an approved close to home initiative
pursuant to section four hundred four of the social services law, shall
retain the power to continue the confinement of the youth in a secure or
other residential facility, as applicable, beyond the periods specified
by the court, within the term of the placement.

* NB Effective until March 31, 2028

* 8. The division for youth shall retain the power to continue the
confinement of the youth in a secure or other residential facility
beyond the periods specified by the court, within the term of the
placement.

* NB Effective March 31, 2028