S T A T E   O F   N E W   Y O R K
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                                  5356

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

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. Section 503 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT  ALL
YOUTH  PLACED  IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
ATED, MAINTAINED 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 PURSUANT TO SUBDIVISION  THREE  OF
SECTION  FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING
ABUSE AND COMPLAINTS REGARDING CONDITIONS OF 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.
  S 2. The executive law is amended by adding a  new  section  504-c  to
read as follows:
  S  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  SECURE,  LIMITED  SECURE  AND
NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
CHILDREN   AND  FAMILY  SERVICES,  INCLUDING  ALL  PROPERTY,  DOCUMENTS,
RECORDS, POLICIES, PROCEDURES, STAFF AND ALL  SUCH  OTHER  THINGS  MAIN-
TAINED OR CONTROLLED BY SUCH FACILITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04696-01-1
              

A. 5356                             2

  2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE  FACILI-
TIES  OPERATED,  MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES TO ENSURE THE WELFARE OF THE  YOUTH  IS  PROTECTED.  THE
CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH  FACILI-
TIES.  IF  THE  CORRECTIONAL  ASSOCIATION  LEARNS  THAT A YOUTH HAS BEEN
ABUSED AS DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED  TWELVE-A
OF  THE  SOCIAL SERVICES LAW, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  STATE-
WIDE  CENTRAL  REGISTRY OF CHILD ABUSE, 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 SECURE, LIMITED  SECURE  AND  NON-SECURE  FACILITIES  OPERATED,
MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS  WHILE
FULFILLING  ITS  DUTIES 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 THE CORRECTIONAL ASSOCIATION,
PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT  SUCH  INFORMATION
RELATED  TO  THE  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 SECURE, LIMITED
SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED 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
AVAILABLE 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-TWO, ONE THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
  S  3.  The  executive  law is amended by adding a new section 504-d to
read as follows:
  S 504-D. 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 ABUSE OR
A COMPLAINT REGARDING A CONDITION OF  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  SECURE,  LIMITED  SECURE  AND

A. 5356                             3

NON-SECURE FACILITIES OPERATED, MAINTAINED 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 REPRESENTATION OF A YOUTH PURSUANT  TO  THIS
SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LAW GUAR-
DIAN, IF ANY, APPOINTED TO REPRESENT SUCH YOUTH.
  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.
  3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
DENTIAL TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF  ABUSE
FROM  YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE FACILITIES
OPERATED, MAINTAINED 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
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-TWO, ONE THOU-
SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.