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

                                 7642--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M.  of  A.  LENTOL,  LUPARDO, HEASTIE, AUBRY, WEINSTEIN,
  O'DONNELL, FARRELL, HEVESI, BLAKE, SEPULVEDA, MOSLEY,  RAMOS,  HOOPER,
  COOK,  PERRY, WRIGHT, ARROYO, ORTIZ, RIVERA, PEOPLES-STOKES, ROBINSON,
  TITUS, CRESPO, MOYA, KIM, ROZIC, SOLAGES, DAVILA,  PICHARDO,  LINARES,
  BARRON,  BICHOTTE,  DILAN,  JEAN-PIERRE,  JOYNER,  WALKER, RICHARDSON,
  SIMON, ROSENTHAL, GOTTFRIED, WEPRIN, JAFFEE, TITONE,  RODRIGUEZ,  FAHY
  --  read once and referred to the Committee on Codes -- recommitted to
  the Committee on Codes in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the family  court  act,  in  relation  to  family  court
  proceedings,  jurisdiction  of  the  court, the definition of juvenile
  delinquent, the definition of a designated felony act, the  procedures
  regarding  the  adjustment  of  cases  from  criminal courts to family
  court, the age at which children may be tried as an adult for  various
  felonies,  and  the  manner in which courts handle juvenile delinquent
  cases; to  amend  the  social  services  law,  in  relation  to  state
  reimbursement  for  expenditures made by social services districts for
  various services; to amend the social services law, in relation to the
  definitions of juvenile delinquent and persons in need of supervision;
  to amend the penal law, in relation to the definition of  infancy  and
  the  authorized  dispositions,  sentences, and periods of post-release
  supervision for juvenile offenders; to amend  the  criminal  procedure
  law,  in relation to the definition of juvenile offender; to amend the
  criminal procedure law, in relation to the arrest of a juvenile offen-
  der without a warrant; in relation to conditional sealing  of  certain
  convictions;  in  relation to removal of certain proceedings to family
  court; in relation to joinder of offenses and consolidation of indict-
  ments; in relation to appearances and hearings for and  placements  of
  certain  juvenile  offenders; in relation to raising the age for juve-
  nile offender status; in relation to creating a youth part for certain
  proceedings involving juvenile offenders; to amend the correction law,
  in relation to requiring that no county jail be used for the  confine-
  ment of persons under the age of eighteen; to amend the education law,

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

                                                           LBD11310-07-6

A. 7642--A                          2

  in relation to certain contracts with the office of children and fami-
  ly services; to amend the education law, in relation to the possession
  of  a  gun on school grounds by a student; to amend the executive law,
  in  relation  to persons in need of supervision or youthful offenders;
  and to amend the vehicle and traffic law, in relation to  convictions;
  and  in  relation to suspension, revocation and reissuance of licenses
  and registrations; and to repeal certain provisions of the  correction
  law relating to the housing of prisoners and other persons in custody

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
amended to read as follows:
  (vi) proceedings concerning juvenile delinquency as set forth in arti-
cle three OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
  S 2. Subdivision (e) of section 115 of the family court act, as  added
by chapter 222 of the laws of 1994, is amended to read as follows:
  (e)  The  family  court  has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of  this  act
AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF
THE  CASE  TO  THE  FAMILY  COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S 3. Subdivision (b) of section  117  of  the  family  court  act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b)  For  every juvenile delinquency proceeding under article three OF
THIS ACT involving an allegation of an act committed by a person  which,
if  done  by  an adult, would [be a crime (i) defined in sections 125.27
(murder in the first degree); 125.25  (murder  in  the  second  degree);
135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
degree) of the penal law committed by a  person  thirteen,  fourteen  or
fifteen  years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the  first  degree);
130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in
the second degree), but only where the abduction  involved  the  use  or
threat  of  use  of  deadly  physical force; 150.15 (arson in the second
degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
committed  by  a  person  thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where  authorized
pursuant  to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the  first  or  second  degree  or
kidnapping  in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a  sexually  moti-
vated  felony,  where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
subdivision  one  of  section  140.25  (burglary  in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of  the
penal law; or section 265.03 of the penal law, where such machine gun or
such  firearm  is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed  by
a  person fourteen or fifteen years of age; or such conduct committed as

A. 7642--A                          3

a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in  the  second
degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
committed  by  a  person fourteen or fifteen years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the  crime
of  assault  in  the  second degree, robbery in the second degree or any
designated felony act specified in clause (i), (ii)  or  (iii)  of  this
subdivision  regardless  of  the  age  of such person at the time of the
commission of the prior act; or (vi) other than a misdemeanor, committed
by a person at least seven but less than sixteen years of age, but  only
where  there  has  been two prior findings by the court that such person
has committed a prior act which, if committed by an  adult  would  be  a
felony]  CONSTITUTE  A  DESIGNATED  FELONY ACT AS DEFINED IN SUBDIVISION
EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation THAT  ARE
NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
shall  be  originated in or be transferred to this part from other parts
as they are made known to the court.
  (ii) Outside the city of New York, all proceedings involving  such  an
allegation  shall  have a hearing preference over every other proceeding
in the court, except proceedings under article ten OF THIS ACT.
  S 4. Subdivision 1 of section 301.2 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  "Juvenile  delinquent"  means  a  person [over seven and less than
sixteen years of age, who, having committed an act that would constitute
a crime if committed by an adult, (a) is not criminally responsible  for
such  conduct by reason of infancy, or (b) is the defendant in an action
ordered removed from a criminal court to the family  court  pursuant  to
article seven hundred twenty-five of the criminal procedure law]:
  (A) WHO IS:
  (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE  A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND DEGREE)
OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
  (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF  AGE
WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
ADULT; OR
  (III) SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED A  VIOLATION  OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC  BEVERAGE  CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON SHALL ONLY
BE DEEMED TO BE A JUVENILE  DELINQUENT  FOR  THE  PURPOSES  OF  IMPOSING
LICENSE  SANCTIONS  IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 352.2
OF THIS ARTICLE; AND
  (B) WHO IS EITHER:
  (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF  INFANCY;
OR
  (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
  S  5.  Subdivisions  8 and 9 of section 301.2 of the family court act,
subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
sion  9 as added by chapter 920 of the laws of 1982, are amended to read
as follows:

A. 7642--A                          4

  8. "Designated felony act" means an act which, if done  by  an  adult,
would  be  a crime: (i) defined in sections [125.27 (murder in the first
degree);] 125.25 (murder in the second degree);  135.25  (kidnapping  in
the  first  degree);  or 150.20 (arson in the first degree) of the penal
law  committed by a person thirteen, fourteen [or], fifteen, SIXTEEN, OR
SEVENTEEN years of age; or such conduct committed as  a  sexually  moti-
vated  felony,  where authorized pursuant to section 130.91 of the penal
law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second  degree)  but only where the abduction involved the use or threat
of use of deadly physical force; 150.15 (arson in the second degree)  or
160.15  (robbery  in  the  first degree) of the penal law committed by a
person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years  of
age;  or  such  conduct  committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the penal law as an attempt to commit murder  in  the  first  or  second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen  [or],  fifteen,  SIXTEEN,  OR  SEVENTEEN years of age; or such
conduct committed as  a  sexually  motivated  felony,  where  authorized
pursuant  to  section  130.91  of the penal law; (iv) defined in section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second  degree);  subdivision  two  of  section  160.10
(robbery  in  the  second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm  is  possessed  on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of the penal  law  committed  by  a  person  fourteen  or
fifteen  years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(v)  defined  in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed  by  a  person
fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age but only where
there has been a prior finding by a court that such person has previous-
ly  committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the  second  degree  or  any
designated felony act specified in paragraph (i), (ii), or (iii) of this
subdivision  regardless  of  the  age  of such person at the time of the
commission of the prior act; [or] (vi) other than a misdemeanor  commit-
ted by a person at least [seven] TWELVE but less than [sixteen] EIGHTEEN
years  of  age,  but only where there has been two prior findings by the
court that such person has committed a prior felony; OR (VII) DEFINED IN
SECTION 460.22 (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25  (CRIME  OF
TERRORISM);  490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL  USE  OF  A  CHEMICAL
WEAPON  OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST  DEGREE);  130.95
(PREDATORY  SEXUAL  ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A
CHILD); 120.11 (AGGRAVATED ASSAULT UPON A  POLICE  OFFICER  OR  A  PEACE
OFFICER);  125.22  (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75
(COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.17
(INTIMIDATING  A  VICTIM OR WITNESS IN THE FIRST DEGREE); 255.27 (INCEST
IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF  A  WEAPON  IN  THE
FIRST  DEGREE);  265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE);
265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDER-
ING PROSECUTION OF TERRORISM IN  THE  FIRST  DEGREE);  490.40  (CRIMINAL

A. 7642--A                          5

POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL WEAPON IN THE SECOND
DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON
IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67
(AGGRAVATED  SEXUAL  ABUSE  IN  THE  SECOND  DEGREE);  490.37  (CRIMINAL
POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  THIRD
DEGREE);  OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THE
PENAL LAW; OR SUCH CONDUCT COMMITTED AS  A  SEXUALLY  MOTIVATED  FELONY,
WHERE  AUTHORIZED  PURSUANT TO SECTION 130.91 OF THE PENAL LAW COMMITTED
BY A PERSON SIXTEEN OR SEVENTEEN YEARS OLD.
  9. "Designated class A felony  act"  means  a  designated  felony  act
[defined  in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A
CLASS A FELONY IF COMMITTED BY AN ADULT.
  S 6. Subdivision 1 of section 302.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  The  family  court  has  exclusive  original jurisdiction over any
proceeding to determine  whether  a  person  is  a  juvenile  delinquent
COMMENCED  IN  FAMILY  COURT  AND CONCURRENT JURISDICTION WITH THE YOUTH
PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE  FAMILY
COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW.
  S 6-a. Section 302.1 of the family court act is amended  by  adding  a
new subdivision 3 to read as follows:
  3.  WHENEVER  A  CRIME  AND A TRAFFIC INFRACTION ARISE OUT OF THE SAME
TRANSACTION OR OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY  BE  MADE
RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME.  NOTHING
HEREIN  PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING JURISDIC-
TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
  S 7. Section 304.1 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
1987, is amended to read as follows:
  S 304.1. Detention. 1. A facility certified by the state [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juvenile  DETENTION
facility  must  be  operated  in  conformity with the regulations of the
state [division for youth and shall be subject  to  the  visitation  and
inspection  of the state board of social welfare] OFFICE OF CHILDREN AND
FAMILY SERVICES.
  2. No child to whom the provisions of this article may apply shall  be
detained  in  any  prison,  jail, lockup, or other place used for adults
convicted of crime or under arrest and charged with  crime  without  the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  in  the  case  of  each child and the statement of its reasons
therefor.  The state [division for youth] OFFICE OF CHILDREN AND  FAMILY
SERVICES  shall promulgate and publish the rules which it shall apply in
determining whether approval should be granted pursuant to this subdivi-
sion.
  3. [The detention of a child under  ten  years  of  age  in  a  secure
detention  facility shall not be directed under any of the provisions of
this article.
  4.] A detention facility which receives a child under subdivision four
of section 305.2 shall immediately notify the child's  parent  or  other
person  legally  responsible  for  his  OR  HER care or, if such legally
responsible person  is  unavailable  the  person  with  whom  the  child
resides, that he OR SHE has been placed in detention.

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  S  8. Subdivision 1 of section 304.2 of the family court act, as added
by chapter 683 of the laws of 1984, is amended to read as follows:
  (1) Upon application by the presentment agency, OR UPON APPLICATION BY
THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
issue  a  temporary  order  of  protection against a respondent for good
cause shown, ex parte or upon notice, at any time after  a  juvenile  is
taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
filing of a petition pursuant to section 310.1.
  S 9. Subdivision 1 of section 305.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  A  private  person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
section 140.30 of the criminal procedure law.
  S 10. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
  S  11.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended  to
read as follows:
  (b)  forthwith  and with all reasonable speed take the child directly,
and without his first being taken to the police station  house,  to  the
family  court  located  in  the  county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in  which
case  he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the  questioning  of
children  or,  upon  the  consent  of  a  parent or other person legally
responsible for the care of the child,  to  the  child's  residence  and
there question him OR HER for a reasonable period of time; or
  S  12.  Subdivision  1  of  section  306.1 of the family court act, as
amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.  Following  the  arrest  of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
not been arrested, the arresting officer  or  other  appropriate  police
officer  or  agency shall take or cause to be taken fingerprints of such
child if:
  (a) the child is eleven years of age or older and the crime  which  is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class [A or B] A-1 felony; [or]
  (b) THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME  WHICH  IS
THE  SUBJECT  OF  THE ARREST OR WHICH IS CHARGED IN THE PETITION CONSTI-
TUTES A CLASS A OR B FELONY; OR
  (C) the child is thirteen years of age or older and the crime which is
the subject of the arrest or which is charged in  the  petition  consti-
tutes a class C, D or E felony.

A. 7642--A                          7

  S  13.  Section 307.3 of the family court act, as added by chapter 920
of the laws of 1982, subdivisions 1 and 2 as amended by chapter  419  of
the laws of 1987, is amended to read as follows:
  S 307.3. Rules of court authorizing release before filing of petition.
1. The agency responsible for operating a detention facility pursuant to
section  two  hundred eighteen-a of the county law, five hundred [ten-a]
THREE of the executive law or other applicable provisions of law,  shall
release a child in custody before the filing of a petition to the custo-
dy  of his OR HER parents or other person legally responsible for his OR
HER care, or if such legally responsible person  is  unavailable,  to  a
person  with  whom  he  OR  SHE resides, when the events occasioning the
taking into custody do not appear to involve allegations that the  child
committed a delinquent act.
  2.  When practicable such agency may release a child before the filing
of a petition to the custody of his  OR  HER  parents  or  other  person
legally  responsible for his OR HER care, or if such legally responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
  (A) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (II)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN  ACT  THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  3. If a child is released under this section, the child and the person
legally  responsible  for his OR HER care shall be issued a family court
appearance ticket in accordance with section 307.1.
  4. If the agency for any reason does not release a  child  under  this
section,  such  child  shall  be brought   before the appropriate family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE MAGISTRATE, IF ANY, DESIGNATED BY  THE  APPELLATE  DIVISION  OF  THE
SUPREME  COURT  IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE  IS  NOT  AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-

A. 7642--A                          8

er.  Such  agency  shall  thereupon  file  an  application  for an order
pursuant to section 307.4 and shall forthwith serve a copy of the appli-
cation upon the appropriate presentment agency. Nothing in this subdivi-
sion shall preclude the adjustment of suitable cases pursuant to section
308.1.
  S  14.  Section 308.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 2 as amended by section 3 of part V  of
chapter  55 of the laws of 2012, subdivision 4 as amended by chapter 264
of the laws of 2003, subdivisions 5 and 8 as amended by chapter  398  of
the  laws  of  1983,  and subdivision 6 as amended by chapter 663 of the
laws of 1985, is amended to read as follows:
  S 308.1. [Rules  of  court  for  preliminary]  PRELIMINARY  procedure;
ADJUSTMENT  OF  CASES.  1. [Rules of court shall authorize and determine
the circumstances under which the] THE probation service may confer with
any person seeking to have a juvenile delinquency  petition  filed,  the
potential  respondent and other interested persons concerning the advis-
ability of requesting that a petition be filed IN ACCORDANCE  WITH  THIS
SECTION.
  2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN  of  this  section,  the probation service [may, in accordance with
rules of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE  before
a  petition  is  filed.  SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE
REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE
CHILD AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT  ACTIV-
ITIES.   THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE
IF IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE  CHILD
WILL  BENEFIT  FROM  ATTEMPTS  AT  ADJUSTMENT  IN THE TIME REMAINING FOR
ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
  (B) The inability of the respondent or  his  or  her  family  to  make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation  to the presentment agency pursuant to subdivision six of
this section.
  (C) Nothing in this section shall prohibit the  probation  service  or
the  court  from directing a respondent to obtain employment and to make
restitution from the earnings from  such  employment.  Nothing  in  this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
  3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
received the written approval of the court.
  4.  The  probation service shall not ATTEMPT TO adjust a case in which
the child has allegedly committed a delinquent  act  which  would  be  a
crime  defined  in  section  120.25, (reckless endangerment in the first
degree), subdivision one of section 125.15, (manslaughter in the  second
degree),  subdivision one of section 130.25, (rape in the third degree),
subdivision one of section 130.40, (criminal sexual  act  in  the  third
degree),  subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first  degree),  section
140.20,  (burglary  in  the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third  degree),  subdivi-
sion  two[,]  OR three [or four] of section 265.02, (criminal possession
of a weapon in the third degree), section 265.03,  (criminal  possession
of  a  weapon  in  the  second  degree),  or  section  265.04, (criminal

A. 7642--A                          9

possession of a [dangerous] weapon in the first degree) of the penal law
where the child has previously had one or more adjustments of a case  in
which such child allegedly committed an act which would be a crime spec-
ified  in  this subdivision unless it has received written approval from
the court and the appropriate presentment agency.
  5. The fact that a child is detained prior to the filing of a petition
shall not preclude the probation service from  adjusting  a  case;  upon
adjusting  such  a case the probation service shall notify the detention
facility to release the child.
  6. The probation service shall not transmit or  otherwise  communicate
to the presentment agency any statement made by the child to a probation
officer.  However,  the  probation  service  may  make  a recommendation
regarding adjustment of the case to the presentment agency  and  provide
such information, including any report made by the arresting officer and
record of previous adjustments and arrests, as it shall deem relevant.
  7. No statement made to the probation service prior to the filing of a
petition  may be admitted into evidence at a fact-finding hearing or, if
the proceeding is transferred to a criminal court, at any time prior  to
a conviction.
  8.  The  probation  service  may  not prevent any person who wishes to
request that a petition be filed from having access to  the  appropriate
presentment agency for that purpose.
  9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
section may not extend for a period of more than two  months  [without],
OR,  FOR  A  PERIOD  OF  MORE  THAN FOUR MONTHS IF THE PROBATION SERVICE
DETERMINES THAT ADJUSTMENT BEYOND THE  FIRST  TWO  MONTHS  IS  WARRANTED
BECAUSE  DOCUMENTED  BARRIERS  TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
  10. If a case is not adjusted by the probation service,  such  service
shall  notify  the  appropriate  presentment  agency of that fact within
forty-eight hours or the next court day, whichever occurs later.
  11. The probation service may not be authorized under this section  to
compel  any  person  to appear at any conference, produce any papers, or
visit any place.
  12. The probation service shall certify to the  division  of  criminal
justice  services  and  to  the  appropriate  police  department  or law
enforcement agency whenever it adjusts a case  in  which  the  potential
respondent's  fingerprints  were  taken pursuant to section 306.1 in any
manner other than the filing of a petition for juvenile delinquency  for
an  act  which,  if  committed  by  an adult, would constitute a felony,
provided, however, in the case of a child [eleven or]  twelve  years  of
age, such certification shall be made only if the act would constitute a
class  A  or  B  felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE,
SUCH CERTIFICATION SHALL BE MADE ONLY IF  THE  ACT  WOULD  CONSTITUTE  A
CLASS A-1 FELONY.
  13.  The  [provisions  of  this  section]  PROBATION SERVICE shall not
[apply] ATTEMPT TO ADJUST A CASE where  the  petition  is  an  order  of
removal  to  the  family court pursuant to article seven hundred twenty-
five of the criminal procedure law UNLESS IT HAS  RECEIVED  THE  WRITTEN
APPROVAL OF THE COURT.
  14.  WHERE  WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS,
THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
  S 15. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:

A. 7642--A                         10

  (c) the fact that the respondent is a person [under sixteen years  of]
OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
  S 16. Subdivision 1 of section 320.5 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  At  the  initial  appearance,  the court in its discretion may (A)
release the respondent or (B) direct his detention.
  S 17. Subdivision 3 of section  320.5  of  the  family  court  act  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
  (I) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (2)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (II)  SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2)  THE  CHILD  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT  THAT
WOULD  CONSTITUTE  A  MISDEMEANOR  IF COMMITTED BY AN ADULT AND THAT ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (4) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  S 18. Subdivision 5 of section 322.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
chapter 41 of the laws of 2010, is amended to read as follows:
  5.  (a) If the court finds that there is  probable  cause  to  believe
that  the  respondent  committed a felony, it shall order the respondent
committed to the custody of the commissioner of  mental  health  or  the
commissioner  of  [mental  retardation  and]  THE OFFICE FOR PEOPLE WITH
developmental disabilities for an initial period not to exceed one  year
from  the  date of such order. Such period may be extended annually upon
further application to the court by the commissioner having  custody  or
his  or  her designee. Such application must be made not more than sixty
days prior to the expiration of such period  on  forms  that  have  been
prescribed  by  the chief administrator of the courts. At that time, the
commissioner must give written notice of the application to the respond-
ent, the counsel representing the  respondent  and  the  mental  hygiene
legal  service  if  the  respondent  is  at a residential facility. Upon
receipt of such application, the court must conduct a hearing to  deter-
mine the issue of capacity. If, at the conclusion of a hearing conducted
pursuant  to this subdivision, the court finds that the respondent is no
longer incapacitated, he or she shall be returned to  the  family  court

A. 7642--A                         11

for further proceedings pursuant to this article. If the court is satis-
fied  that the respondent continues to be incapacitated, the court shall
authorize continued custody of the respondent by the commissioner for  a
period not to exceed one year. Such extensions shall not continue beyond
a  reasonable period of time necessary to determine whether the respond-
ent will attain the capacity to proceed to a fact finding hearing in the
foreseeable future but in no event shall continue  beyond  the  respond-
ent's  eighteenth  birthday  OR,  IF THE RESPONDENT WAS AT LEAST SIXTEEN
YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE  RESPONDENT'S  TWEN-
TY-FIRST BIRTHDAY.
  (b)  If  a  respondent  is in the custody of the commissioner upon the
respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
  (c)  If  the  court finds that there is probable cause to believe that
the respondent has committed a designated felony act,  the  court  shall
require  that treatment be provided in a residential facility within the
appropriate office of the department of mental hygiene.
  (d) The commissioner shall review  the  condition  of  the  respondent
within  forty-five days after the respondent is committed to the custody
of the commissioner. He or she shall make a second review within  ninety
days  after the respondent is committed to his or her custody. Thereaft-
er, he or she shall review the condition of the respondent every  ninety
days.  The respondent and the counsel for the respondent, shall be noti-
fied  of  any  such  review and afforded an opportunity to be heard. The
commissioner having custody shall  apply  to  the  court  for  an  order
dismissing  the  petition  whenever he or she determines that there is a
substantial probability that the respondent will continue to be incapac-
itated for the foreseeable future. At the time of such  application  the
commissioner must give written notice of the application to the respond-
ent,  the presentment agency and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of  such  applica-
tion,  the  court  may  on its own motion conduct a hearing to determine
whether there  is  substantial  probability  that  the  respondent  will
continue  to  be  incapacitated  for the foreseeable future, and it must
conduct such hearing if a demand therefor is made by the  respondent  or
the  mental  hygiene  legal  service  within ten days from the date that
notice of the application was given to them. The respondent may apply to
the court for an order of dismissal on the same ground.
  S 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
5  as  added  by chapter 920 of the laws of 1982, are amended to read as
follows:
  1. At the initial  appearance,  if  the  respondent  denies  a  charge
contained  in  the  petition and the court determines IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE  RESPONDENT
shall  be detained for more than three days pending a fact-finding hear-
ing, the court shall schedule a probable-cause hearing to determine  the
issues specified in section 325.3 OF THIS PART.
  5.  Where  the  petition  consists  of an order of removal pursuant to
article seven hundred twenty-five of the criminal procedure law,  unless
the  removal was pursuant to subdivision three of section 725.05 of such
law and the respondent was not afforded a probable cause hearing [pursu-
ant to subdivision three of section 180.75 of  such  law  for  a  reason

A. 7642--A                         12

other  than  his  waiver  thereof pursuant to subdivision two of section
180.75 of such law], the petition shall be deemed to  be  based  upon  a
determination  that probable cause exists to believe the respondent is a
juvenile  delinquent  and  the  respondent  shall not be entitled to any
further inquiry on the subject of whether probable cause  exists.  After
the  filing of any such petition the court must, however, exercise inde-
pendent, de novo discretion with respect to release or detention as  set
forth in section 320.5.
  S  20.  Subdivisions 1 and 2 of section 340.2 of the family court act,
as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
follows:
  1.  [The]  EXCEPT  WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT  TO  ARTICLE
SEVEN  HUNDRED  TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
presides at the commencement of the fact-finding hearing shall  continue
to preside until such hearing is concluded and an order entered pursuant
to section 345.1 OF THIS PART unless a mistrial is declared.
  2.  The  judge  who presides at the fact-finding hearing or accepts an
admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
other subsequent hearing in the proceeding, including but not limited to
the dispositional hearing EXCEPT WHERE THE CASE  IS  REMOVED  TO  FAMILY
COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
  S 21. Subdivision 2 of section 351.1  of  the  family  court  act,  as
amended  by  chapter  880  of  the  laws  of 1985, is amended to read as
follows:
  2. Following a determination that a respondent committed a  crime  and
prior  to  the  dispositional hearing, the court shall order a probation
investigation, A RISK AND NEEDS ASSESSMENT, and may order  a  diagnostic
assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
SHALL  RECOMMEND  TO  THE  COURT  THAT THE RESPONDENT PARTICIPATE IN ANY
SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND  ADDRESS  INDIVIDUAL
NEEDS.
  S  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended  to
read as follows:
  (a)  In  determining an appropriate order the court shall consider the
needs and best interests of the respondent  as  well  as  the  need  for
protection  of  the  community. If the respondent has committed a desig-
nated felony act the court shall determine the  appropriate  disposition
in  accord  with section 353.5. In all other cases the court shall order
the least restrictive available alternative  enumerated  in  subdivision
one  OF  THIS SECTION which is consistent with the needs and best inter-
ests of the respondent and the need for  protection  of  the  community;
PROVIDED,  HOWEVER,  THAT  THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IF:
  (I) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
  (2)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY

A. 7642--A                         13

BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
  (II)  SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
  (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
  (2)  THE  CHILD  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
  (3) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT  THAT
WOULD  CONSTITUTE  A  MISDEMEANOR  IF COMMITTED BY AN ADULT AND THAT ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
  (4) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
  S 22-a. Section 352.2 of the family court act is amended by  adding  a
new subdivision 4 to read as follows:
  4.  WHERE  A  YOUTH  RECEIVES  A JUVENILE DELINQUENCY ADJUDICATION FOR
CONDUCT COMMITTED WHEN THE YOUTH WAS AGE SIXTEEN  OR  OLDER  THAT  WOULD
CONSTITUTE  A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC BEVERAGE CONTROL LAW, THE COURT  SHALL  NOTIFY  THE  COMMISSIONER  OF
MOTOR  VEHICLES  OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES A JUVENILE
DELINQUENCY ADJUDICATION FOR CONDUCT THAT WOULD CONSTITUTE  A  VIOLATION
OF  ANY  OTHER  PROVISION  OF  LAW  WHICH ALLOWS FOR THE IMPOSITION OF A
LICENSE AND REGISTRATION SANCTION, THE COURT SHALL  NOTIFY  THE  COMMIS-
SIONER  OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE THE
POWER TO IMPOSE ANY SUSPENSION  OR  REVOCATION  OF  DRIVING  PRIVILEGES,
IGNITION  INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION PROGRAM,
VICTIM IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM  ASSIST-
ANCE  FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF A
CRIME UNDER THE VEHICLE AND TRAFFIC LAW,  OR  AN  OFFENSE  FOR  WHICH  A
LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
  S  23.  Paragraph  (a)  of subdivision 1 and paragraphs (f) and (h) of
subdivision 2 of section 353.2 of the family court act, paragraph (a) of
subdivision 1 as added by chapter 920 of the laws  of  1982,  paragraphs
(f)  and  (h)  of subdivision 2 as amended by chapter 124 of the laws of
1993, are amended to read as follows:
  (a) placement of respondent is not or may not be necessary  OR  ALLOW-
ABLE;
  (f)  make restitution or perform services for the public good pursuant
to section 353.6, provided the respondent is over [ten] TWELVE years  of
age;
  (h)  comply  with  such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services or the [division for  youth]  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  S  23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family
court act, as amended by chapter 124 of the laws of 1993, is amended  to
read as follows:
  (e)  co-operate  with a mental health, social services or other appro-
priate community facility or agency to which the respondent is referred,

A. 7642--A                         14

INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE  TWELVE  OF  ARTICLE
SIX OF THE SOCIAL SERVICES LAW;
  S  23-b.  Subdivision  3  of section 353.2 of the family court act, as
added by chapter 920 of the laws of 1982, paragraph (f)  as  amended  by
chapter 465 of the laws of 1992, is amended to read as follows:
  3.  When ordering a period of probation, the court may, as a condition
of such order, further require that the respondent:
  (a) meet with a probation officer when directed to do so by that offi-
cer and permit the officer to visit the respondent at home or elsewhere;
  (b) permit the probation officer to obtain information from any person
or agency from whom respondent is receiving or was directed  to  receive
diagnosis, treatment or counseling;
  (c)  permit  the  probation  officer  to  obtain  information from the
respondent's school;
  (d) co-operate with the probation officer in seeking to obtain and  in
accepting  employment, and supply records and reports of earnings to the
officer when requested to do so; AND
  (e) obtain permission from the probation officer for any absence  from
respondent's residence in excess of two weeks[; and
  (f)  with  the  consent  of  the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant  to  article  nine-
teen-G of the executive law].
  S 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
paragraph (d) of subdivision 4 of section 353.5 of the family court act,
as amended by section 6 of subpart A of part G of chapter 57 of the laws
of 2012, is amended to read as follows:
  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:
  (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 dispo-
sitional 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.
  S 25. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
court  act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
  (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  [division  for  youth]
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

A. 7642--A                         15

COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.
  S  26.  The opening paragraph of subdivision 1 of section 353.6 of the
family court act, as amended by chapter 877 of  the  laws  of  1983,  is
amended to read as follows:
  At  the  conclusion  of  the  dispositional hearing in cases involving
respondents over [ten] TWELVE years of age the court may:
  S 27. Section 354.1 of the family court act, as added by  chapter  920
of  the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
the laws of 1983, is amended to read as follows:
  S  354.1. Retention and destruction of fingerprints of persons alleged
to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
initially fingerprinted as a juvenile offender and the action is  subse-
quently  removed  to  a  family  court pursuant to article seven hundred
twenty-five of the criminal procedure law is adjudicated to be  a  juve-
nile delinquent for a felony, the family court shall forward or cause to
be  forwarded  to the division of criminal justice services notification
of such adjudication and such related information as may be required  by
such  division,  provided,  however,  in the case of a person eleven [or
twelve] years of age such notification shall be provided only if the act
upon which the adjudication is based would constitute a class [A  or  B]
A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
  2. If a person whose  fingerprints,  palmprints  or  photographs  were
taken  pursuant  to  section  306.1  or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal  procedure
law  has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but  in
the case of acts committed when such person was eleven [or twelve] years
of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
prints, palmprints, photographs, and copies thereof, and all information
relating to such  allegations  obtained  by  the  division  of  criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The  clerk of the court shall notify the commissioner of the division of
criminal justice services and the heads of all  police  departments  and
law  enforcement  agencies  having  copies  of  such  records, who shall
destroy such records without unnecessary delay.
  3. If the appropriate presentment agency does not originate a proceed-
ing under section 310.1 for a case in which the  potential  respondent's
fingerprints were taken pursuant to section 306.1, the presentment agen-
cy shall serve a certification of such action upon the division of crim-
inal justice services, and upon the appropriate police department or law
enforcement agency.
  4.  If,  following the taking into custody of a person alleged to be a
juvenile delinquent and the taking and forwarding  to  the  division  of
criminal  justice  services  of  such person's fingerprints but prior to
referral to the probation department or to the family court, an  officer
or  agency,  elects not to proceed further, such officer or agency shall
serve a certification of such election upon  the  division  of  criminal
justice services.

A. 7642--A                         16

  5.  Upon certification pursuant to subdivision twelve of section 308.1
or subdivision three or four of this section, the department  or  agency
shall  destroy  forthwith all fingerprints, palmprints, photographs, and
copies thereof, and all other information obtained in the case  pursuant
to  section  306.1.  Upon receipt of such certification, the division of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.
  6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
acts  committed  when  such a person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
crime, all fingerprints and related information obtained by the division
of  criminal justice services pursuant to such section and not destroyed
pursuant to subdivisions two, five and seven or  subdivision  twelve  of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
  7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
quently adjudicated a juvenile delinquent for a felony, but in the  case
of  acts  committed when such person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
has been discharged from placement under this act  for  at  least  three
years,  whichever occurs later, and has no criminal convictions or pend-
ing  criminal  actions  which  ultimately  terminate   in   a   criminal
conviction,  all  fingerprints,  palmprints,  photographs,  and  related
information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of  criminal  justice  services,  any  police
department,  law  enforcement  agency  or  any  other  agency  shall  be
destroyed forthwith. The division of  criminal  justice  services  shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion  pursuant  to  section  306.1  of their obligation to destroy those
records in their possession. In the case of a  pending  criminal  action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
  S  28.  Subdivisions 1 and 6 of section 355.3 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
6 as amended by chapter 663 of the laws of 1985, are amended to read  as
follows:
  1.  In  any  case  in which the respondent has been placed pursuant to
section 353.3 the respondent, the person with whom  the  respondent  has
been  placed,  the commissioner of social services, or the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court  to
extend  such placement. Such petition shall be filed at least sixty days
prior to the expiration of the period  of  placement,  except  for  good
cause  shown  but  in  no  event  shall such petition be filed after the
original expiration date.
  6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued  beyond  the  respondent's
eighteenth  birthday  without  the  child's  consent  FOR ACTS COMMITTED
BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and  in  no  event  past  the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.

A. 7642--A                         17

  S 29. Subdivision 5 of section 355.4 of the family court act, as added
by chapter 479 of the laws of 1992, is amended to read as follows:
  5.  Nothing  in  this  section shall: REQUIRE THAT CONSENT BE OBTAINED
FROM THE YOUTH'S PARENT OR LEGAL GUARDIAN TO  ANY  MEDICAL,  DENTAL,  OR
MENTAL  HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR THE
YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
a youth from consenting on his or her own behalf to any medical,  dental
or mental health service and treatment where otherwise authorized by law
to  do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF CHIL-
DREN AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from  petitioning
the  court  pursuant to section two hundred thirty-three of this act, as
appropriate.
  S 30. Paragraph (b) of subdivision 3 of section 355.5  of  the  family
court  act, as amended by chapter 145 of the laws of 2000, is amended to
read as follows:
  (b) subsequent permanency hearings shall be held no later  than  every
twelve months following the respondent's initial twelve months in place-
ment  BUT  IN  NO  EVENT  PAST  THE  RESPONDENT'S TWENTY-FIRST BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion of placement hearing held pursuant to section 355.3 of this  [arti-
cle] PART.
  S  31.  Subdivisions 2 and 6 of section 360.3 of the family court act,
as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
follows:
  2.  At the time of his OR HER first appearance following the filing of
a petition of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him OR HER with a copy thereof; (b)
determine whether the respondent should be released or detained pursuant
to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
A RESPONDENT TO BE DETAINED FOR A VIOLATION OF A  CONDITION  THAT  WOULD
NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE
RESPONDENT  IS  ON  PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN
ADULT  AND  THE  USE  OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS; and (c) ask the respondent whether he OR SHE wishes to make any
statement with respect to the  violation.  If  the  respondent  makes  a
statement,  the  court  may accept it and base its decision thereon; the
provisions of subdivision two of section 321.3 shall apply in  determin-
ing whether a statement should be accepted. If the court does not accept
such statement or if the respondent does not make a statement, the court
shall  proceed  with  the hearing. Upon request, the court shall grant a
reasonable adjournment to the respondent to enable him OR HER to prepare
for the hearing.
  6. At the conclusion of the hearing the court may revoke, continue  or
modify  the  order  of  probation or conditional discharge. If the court
revokes the order, it shall order a different  disposition  pursuant  to
section  352.2,  PROVIDED,  HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT  WOULD
NOT  CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE
RESPONDENT  IS  ON  PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN
ADULT  AND  THE  USE  OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT

A. 7642--A                         18

SUCCESS.  If the court continues the order of probation  or  conditional
discharge, it shall dismiss the petition of violation.
  S  32.    Subdivisions  (d) and (i) of section 712 of the family court
act, subdivision (d) as amended by chapter 920 of the laws of 1982,  and
subdivision  (i)  as  amended  by  chapter  38  of the laws of 2014, are
amended and two new subdivisions (d-1) and (n)  are  added  to  read  as
follows:
  (d)  "Non-secure detention facility". [A facility characterized by the
absence of physically  restricting  construction,  hardware  and  proce-
dures.]  A  FOSTER  CARE PROGRAM CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING HOME, OR IN A
CITY HAVING A POPULATION OF FIVE MILLION OR MORE, A FOSTER CARE FACILITY
ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL SERVICES LAW.
  (D-1) "DETENTION FACILITY". A FOSTER CARE  PROGRAM  CERTIFIED  BY  THE
OFFICE OF CHILDREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY
BOARDING HOME, OR IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE,
A FOSTER CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL
SERVICES LAW.
  (i)  "Diversion  services". Services provided to children and families
pursuant to section seven hundred thirty-five of this  article  for  the
purpose  of avoiding the need to file a petition or direct the detention
of the child. Diversion services shall include: efforts to adjust  cases
pursuant  to this article before a petition is filed, or by order of the
court,  [after  the  petition  is  filed  but  before  fact-finding   is
commenced;]  AT ANY TIME; and preventive services provided in accordance
with section four hundred nine-a of the social services law to avert the
placement of the child into foster care, including  crisis  intervention
and  respite  services.    Diversion services may also include, in cases
where any person is seeking to file a petition  that  alleges  that  the
child  has a substance use disorder or is in need of immediate detoxifi-
cation or substance use disorder services, an assessment  for  substance
use   disorder;   provided,  however,  that  notwithstanding  any  other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or substance use disorder or  detoxification  services,  except  in
cases  where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
  (N) "FAMILY SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT  TO  TITLE
TWELVE ARTICLE SIX OF THE SOCIAL SERVICES LAW.
  S  33.  Section 720 of the family court act, as amended by chapter 419
of the laws of 1987, subdivision 3 as amended by section 9 of subpart  B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of  subdivision  5  as added by section 8 of part G of chapter 58 of the
laws of 2010, is amended to read as follows:
  S 720. Detention. 1. No child to whom the provisions  of this  article
may apply, shall be detained in any prison, jail, lockup, or other place
used  for  adults  convicted of crime or under arrest and charged with a
crime.
  2. The detention of a child in a secure detention facility  shall  not
be directed under any of the provisions of this article.
  3.  Detention  of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided  in  subdivision  four  of
this  section,  be authorized only in a foster care program certified by
the office of children and family services, or a certified  or  approved
family  boarding  home, [or a non-secure detention facility certified by

A. 7642--A                         19

the office] and in accordance with section seven hundred thirty-nine  of
this  article.  The setting of the detention shall take into account (a)
the proximity to the community in which the  person  alleged  to  be  or
adjudicated  as a person in need of supervision lives with such person's
parents or to which such person will be discharged, and (b) the existing
educational setting of such person and the proximity of such setting  to
the location of the detention setting.
  4. Whenever detention is authorized and ordered pursuant to this arti-
cle,  for  a  person alleged to be or adjudicated as a person in need of
supervision, a family court in a city having a population of one million
or more shall,  notwithstanding  any  other  provision  of  law,  direct
detention  in a foster care facility established and maintained pursuant
to the social services law. In all other respects, the detention of such
a person in a foster care facility shall be  subject  to  the  identical
terms  and conditions for detention as are set forth in this article and
in section two hundred thirty-five of this act.
  5. (a) The court shall not order or direct detention under this  arti-
cle, unless the court determines that there is no substantial likelihood
that  the  youth  and  his  or  her family will continue to benefit from
diversion services, AND THAT CONTINUATION  IN  THE  HOME  WOULD  NOT  BE
APPROPRIATE  BECAUSE  SUCH CONTINUATION WOULD (A) CONTINUE OR WORSEN THE
CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR  THAT  CREATED  THE
NEED  FOR  A  PETITION  TO  BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE
CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
detention have been exhausted; and
  (b) [Where the youth is sixteen years of age or older, the court shall
not order or direct detention  under  this  article,  unless  the  court
determines  and  states in its order that special circumstances exist to
warrant such detention.
  (c)] If the respondent may be a sexually exploited child as defined in
subdivision one of section four  hundred  forty-seven-a  of  the  social
services law, the court may direct the respondent to an available short-
term  safe  house  as defined in subdivision two of section four hundred
forty-seven-a of the social services law as an alternative to detention.
  S 34.  Section 728 of the family court act, subdivision (a) as amended
by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58  of  the
laws of 2011, is amended to read as follows:
  S  728.  Discharge,  release  or  detention by judge after hearing and
before filing of petition in custody cases.  (a) If a child  in  custody
is  brought  before  a  judge  of  the family court before a petition is
filed, the judge shall hold a  hearing  for  the  purpose  of  making  a
preliminary determination of whether the court appears to have jurisdic-
tion over the child. At the commencement of the hearing, the judge shall
advise  the child of his or her right to remain silent, his or her right
to be represented by counsel of his or her  own  choosing,  and  of  the
right  to  have an attorney assigned in accord with part four of article
two of this act. The judge must also allow the child a  reasonable  time
to  send  for  his  or  her  parents  or other person or persons legally
responsible for his or her care, and for counsel, and adjourn the  hear-
ing for that purpose.

A. 7642--A                         20

  (b)  After  hearing, the judge shall order the release of the child to
the custody of his parent or other person legally  responsible  for  his
care if the court does not appear to have jurisdiction.
  (c)  An  order  of  release  under  this section may, but need not, be
conditioned upon the giving of a recognizance in accord with  [sections]
SECTION seven hundred twenty-four (b) (i).
  (d)  Upon  a  finding  of  facts and reasons which support a detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
  (i) that there is no substantial likelihood that the youth and his  or
her  family  will  continue  to  benefit  from  diversion services, THAT
CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
TION WOULD (A) CONTINUE OR  WORSEN  THE  CIRCUMSTANCES  ALLEGED  IN  THE
UNDERLYING  PETITION,  OR  THAT  CREATED  THE  NEED FOR A PETITION TO BE
SOUGHT OR (B) CREATE A SAFETY RISK TO THE CHILD OR  THE  CHILD'S  FAMILY
and  that  all  OTHER  available  alternatives  to  detention  have been
exhausted; and
  (ii) whether continuation of the child in the child's  home  would  be
contrary  to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the  time  of  the
hearing held in accordance with this section; and
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
  (iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or  adjudicated
as  a  person in need of supervision lives with such person's parents or
to which such person will be discharged, and  the  existing  educational
setting of such person and the proximity of such setting to the location
of the detention setting.
  S  35.   Section 735 of the family court act, as added by section 7 of
part E of chapter 57 of the laws of 2005, subdivision (b) as amended  by
chapter  38  of  the  laws  of 2014, paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws  of  2011,  and  subdivision  (h)  as
amended  by  chapter  499  of  the  laws  of 2015, is amended to read as
follows:
  S 735. Preliminary procedure; diversion services. (a) Each county  and
any  city  having a population of one million or more shall offer diver-
sion services as defined in section seven hundred twelve of this article
to youth who are at risk of being the subject of a  person  in  need  of
supervision  petition.  Such  services  shall  be designed to provide an
immediate response to families in crisis, to identify and utilize appro-
priate alternatives to detention and to  divert  youth  from  being  the
subject  of  a petition in family court. Each county and such city shall
designate either the local social services  district  or  the  probation
department  as  lead  agency  for  the  purposes  of providing diversion
services.
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and

A. 7642--A                         21

  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth  into  foster  care  IN  ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
FIFTY-SIX OF THIS ARTICLE; and
  (iii)  assess whether the youth would benefit from residential respite
services; and
  (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
  (V) determine whether alternatives to  detention  are  appropriate  to
avoid remand of the youth to detention;
  (VI)  DETERMINE  WHETHER  THE  YOUTH  AND  HIS OR HER FAMILY SHOULD BE
REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
  (VII) ASSESS WHETHER REMAINING IN THE HOME WOULD CAUSE  THE  CONTINUA-
TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
TION  TO  BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S
FAMILY; AND
  [(v)]  (VIII)  determine  whether  an  assessment  of  the  youth  for
substance  use  disorder  by an office of alcoholism and substance abuse
services certified provider is necessary when a person seeking to file a
petition alleges in such petition that the youth  is  suffering  from  a
substance use disorder which could make the youth a danger to himself or
herself  or  others.  Provided,  however, that notwithstanding any other
provision of law to the contrary, the designated lead agency  shall  not
be  required  to pay for all or any portion of the costs of such assess-
ment or for any  substance  use  disorder  or  detoxification  services,
except  in  cases where medical assistance for needy persons may be used
to pay for all or any  portion  of  the  costs  of  such  assessment  or
services.  The  office  of alcoholism and substance abuse services shall
make a list of its certified providers available to the designated  lead
agency.
  (c)  Any  person or agency seeking to file a petition pursuant to this
article which does not have attached thereto the documentation  required
by subdivision (g) of this section shall be referred by the clerk of the
court  to  the  designated lead agency which shall schedule and hold, on
reasonable notice to the potential petitioner, the youth and his or  her
parent or other person legally responsible for his or her care, at least
one  conference  in  order  to  determine  the factual circumstances and
determine whether the youth and his or her family should receive  diver-
sion services pursuant to this section. Diversion services shall include
clearly  documented diligent attempts to provide appropriate services to
the youth and his or her family unless it is determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further  diversion  attempts.  Notwithstanding  the  provisions  of
section  two  hundred  sixteen-c of this act, the clerk shall not accept
for filing under this part any petition  that  does  not  have  attached
thereto the documentation required by subdivision (g) of this section.
  (d)  Diversion  services shall include documented diligent attempts to
engage the youth and his or her family in appropriately targeted  commu-
nity-based services, but shall not be limited to:
  (i)  providing,  at the first contact, information on the availability
of or a referral to services in the geographic area where the youth  and
his  or  her  family  are located that may be of benefit in avoiding the
need to file a petition under this article; including the  availability,
for  up  to  twenty-one  days,  of a residential respite program, if the
youth and his or her parent or other person legally responsible for  his

A. 7642--A                         22

or  her care agree, and the availability of other non-residential crisis
intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
counseling  or alternative dispute resolution programs or an educational
program  as  defined in section four hundred fifty-eight-l of the social
services law.
  (ii) scheduling and holding at least one conference with the youth and
his or her family and the person or representatives of the entity  seek-
ing  to  file  a  petition under this article concerning alternatives to
filing a petition and services that are  available.  Diversion  services
shall  include clearly documented diligent attempts to provide appropri-
ate services to the youth and his or her family before it may be  deter-
mined  that there is no substantial likelihood that the youth and his or
her family will benefit from further attempts.
  (iii) where the entity seeking to file a petition is a school district
or local educational agency, the designated lead agency shall review the
steps taken by the  school  district  or  local  educational  agency  to
improve  the  youth's attendance and/or conduct in school and attempt to
engage the school district or local educational agency in further diver-
sion attempts, if it appears from review  that  such  attempts  will  be
beneficial to the youth.
  (e)  The  designated  lead agency shall maintain a written record with
respect to each youth and his  or  her  family  for  whom  it  considers
providing  or  provides diversion services pursuant to this section. The
record shall be made available to the court at or prior to  the  initial
appearance  of  the  youth  in any proceeding initiated pursuant to this
article.
  (f) Efforts to prevent the filing  of  a  petition  pursuant  to  this
section  may  extend  until  the  designated lead agency determines that
there is no substantial likelihood that the youth and his or her  family
will  benefit  from  further  attempts. Efforts at diversion pursuant to
this section may continue after the  filing  of  a  petition  where  the
designated  lead  agency determines that the youth and his or her family
will benefit from further attempts to prevent  PLACEMENT  OF  the  youth
from  entering  foster  care  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE.
  (g) (i) The designated lead agency shall promptly give written  notice
to the potential petitioner whenever attempts to prevent the filing of a
petition  have  terminated,  and  shall  indicate in such notice whether
efforts were successful. The  notice  shall  also  detail  the  diligent
attempts  made  to divert the case if a determination has been made that
there is no substantial likelihood that  the  youth  will  benefit  from
further  attempts.  No  persons  in  need of supervision petition may be
filed pursuant to this article during the  period  the  designated  lead
agency is providing diversion services. A finding by the designated lead
agency  that  the  case  has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been  success-
fully  resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion  services  have
been  terminated  because  of  the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
  (ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
  (A) if the potential petitioner is the parent or other person  legally
responsible  for  the  youth,  a  notice from the designated lead agency
indicating there is no bar to the filing of the petition as  the  poten-

A. 7642--A                         23

tial  petitioner  consented  to  and  actively participated in diversion
services; and
  (B)  a  notice  from  the  designated  lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that  the  case  has  not  been  successfully
diverted.
  (h)  No  statement made to the designated lead agency or to any agency
or organization to which the potential  respondent  has  been  referred,
prior  to the filing of the petition, or if the petition has been filed,
prior to the time the respondent has  been  notified  that  attempts  at
diversion  will  not  be  made  or have been terminated, or prior to the
commencement of a fact-finding hearing if attempts at diversion have not
terminated previously, may be admitted into evidence at  a  fact-finding
hearing or, if the proceeding is transferred to a criminal court, at any
time prior to a conviction.
  S  36.    Subdivision  (b)  of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
amended to read as follows:
  (b)  At  the  initial  appearance  of  the respondent, the court shall
review any termination of diversion services pursuant to  such  section,
and  the  documentation  of  diligent  attempts  to  provide appropriate
services and determine whether such efforts  or  services  provided  are
sufficient  [and]. THE COURT may, AT ANY TIME, subject to the provisions
of section seven hundred forty-eight of this article, order  that  addi-
tional  diversion  attempts be undertaken by the designated lead agency.
The court may order the youth and the parent  or  other  person  legally
responsible  for  the youth to participate in diversion services. If the
designated lead agency thereafter determines  that  the  case  has  been
successfully resolved, it shall so notify the court, and the court shall
dismiss the petition.
  S  37.  Subdivision  (a)  of  section  749 of the family court act, as
amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
amended to read as follows:
  (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
own motion or upon a motion of a party to the proceeding, order that the
proceeding be "adjourned in contemplation of dismissal". An  adjournment
in contemplation of dismissal is an adjournment of the proceeding, for a
period not to exceed six months with a view to ultimate dismissal of the
petition  in  furtherance  of  justice. Upon issuing such an order, upon
such permissible terms and  conditions  as  the  rules  of  court  shall
define, the court must release the individual.
  (ii)  The court may, as a condition of an adjournment in contemplation
of dismissal order: (A) in cases where the  record  indicates  that  the
consumption  of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol  awareness  program  estab-
lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
cases where the record indicates that cyberbullying or sexting  was  the
basis  of the petition, require an eligible person to complete an educa-
tion  reform  program  in   accordance   with   section   four   hundred
fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
  (iii)  Upon  application  of  the  petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter  to  the  calendar.  If  the  proceeding  is  not  so

A. 7642--A                         24

restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
  S  38.  Section 751 of the family court act, as amended by chapter 100
of the laws of 1993, is amended to read as follows:
  S 751. Order dismissing petition. If the  allegations  of  a  petition
under  this  article  are  not  established, the court shall dismiss the
petition. The court may in its discretion dismiss a petition under  this
article,  in  the  interests of justice where attempts have been made to
adjust the case as provided for in sections  seven  hundred  thirty-five
and  seven  hundred  forty-two of this article and the probation service
has exhausted its efforts to successfully adjust such case as  a  result
of  the  petition's  failure  to  provide  reasonable  assistance to the
probation service. IN DISMISSING A PETITION PURSUANT  TO  THIS  SECTION,
THE  COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
  S 39. Section 754 of the family court act, subdivision 1 as designated
by chapter 878 of the laws of 1976, paragraph (c) of  subdivision  1  as
amended  by  section 4 of part V of chapter 383 of the laws of 2001, the
closing paragraph of subdivision 1 as added by section 5 of  part  V  of
chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
amended  by  section  20  and  the closing paragraph of paragraph (b) of
subdivision 2 as amended by section 21 of part L of chapter  56  of  the
laws of 2015, is amended to read as follows:
  S  754.  Disposition on adjudication of person in need of supervision.
1.  Upon an adjudication of person in need  of  supervision,  the  court
shall enter an order of disposition:
  (a) Discharging the respondent with warning;
  (b)  Suspending  judgment  in accord with section seven hundred fifty-
five OF THIS PART;
  (c) Continuing the proceeding and placing  the  respondent  in  accord
with  section  seven  hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent  in  accord  with  section
seven  hundred fifty-six where the respondent is sixteen years of age or
older, unless the court determines and states in its order that  special
circumstances exist to warrant such placement; or
  (d)  Putting  the respondent on probation in accord with section seven
hundred fifty-seven OF THIS PART.
  The court may order an eligible person to complete an education reform
program in accordance with section four  hundred  fifty-eight-l  of  the
social services law, as part of a disposition pursuant to paragraph (a),
(b)  or  (d)  of  this  subdivision.  THE COURT MAY ALSO ORDER SERVICES,
INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
  2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT ORDER PLACEMENT WITH THE LOCAL  COMMISSIONER  OF  SOCIAL
SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
THE COURT FINDS AND STATES IN WRITING THAT:
  (I)  NO  APPROPRIATE  SUITABLE  RELATIVE OR SUITABLE PRIVATE PERSON IS
AVAILABLE FOR PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-SIX  OF
THIS PART; AND
  (II)  PLACEMENT  IN  THE CHILD'S HOME WOULD NOT BE APPROPRIATE BECAUSE
SUCH PLACEMENT WOULD:
  (A) CONTINUE OR WORSEN THE CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING
PETITION OR,
  (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.

A. 7642--A                         25

  (B)  The  order  shall  state  the  court's reasons for the particular
disposition. If the court places the child in  accordance  with  section
seven  hundred  fifty-six  of  this  part,  the court in its order shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case of a child who has attained the age of fourteen, the services need-
ed,  if any, to assist the child to make the transition from foster care
to independent living. Nothing in this subdivision shall be construed to
modify the standards for directing detention set forth in section  seven
hundred thirty-nine of this article.
  [(b)]  (C)  For  the  purpose  of  this section, reasonable efforts to
prevent or eliminate the need for removing the child from  the  home  of
the  child  or to make it possible for the child to return safely to the
home of the child shall not be required where the court determines that:
  (i) the parent of such child has subjected  the  child  to  aggravated
circumstances,  as  defined  in subdivision (g) of section seven hundred
twelve of this article;
  (ii) the parent of such child has been convicted of (A) murder in  the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child  of the parent; or (B) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second  degree  as  defined  in
section  125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have  acted  voluntarily
in committing such crime;
  (iii)  the  parent  of  such child has been convicted of an attempt to
commit any of the crimes set forth in subparagraphs (i) and (ii) of this
paragraph, and the victim or intended victim was the  child  or  another
child  of  the parent; or has been convicted of criminal solicitation as
defined in article one hundred, conspiracy as  defined  in  article  one
hundred  five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating  any
of the foregoing crimes, and the victim or intended victim was the child
or another child of the parent;
  (iv)  the  parent  of  such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first  degree
as  defined  in  section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious  phys-
ical injury to the child or another child of the parent;
  (v) the parent of such child has been convicted in any other jurisdic-
tion  of  an offense which includes all of the essential elements of any
crime specified in subparagraph (ii), (iii) or (iv) of  this  paragraph,
and  the  victim  of  such offense was the child or another child of the
parent; or

A. 7642--A                         26

  (vi) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless  the  court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and safe-
ty of the child, and would likely result in  the  reunification  of  the
parent  and  the  child in the foreseeable future. The court shall state
such findings in its order.
  If the court determines  that  reasonable  efforts  are  not  required
because  of  one  of  the  grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court  that  such
efforts  are  not  required.  At the permanency hearing, the court shall
determine the appropriateness of the permanency  plan  prepared  by  the
social services official which shall include whether and when the child:
(A)  will  be  returned to the parent; (B) should be placed for adoption
with the social services official filing a petition for  termination  of
parental  rights;  (C)  should  be  referred for legal guardianship; (D)
should be placed permanently with a fit and  willing  relative;  or  (E)
should  be placed in another planned permanent living arrangement with a
significant connection to an adult willing to be a  permanency  resource
for  the  child if the child is age sixteen or older and if the require-
ments of subparagraph (E)  of  paragraph  (iv)  of  subdivision  (d)  of
section seven hundred fifty-six-a of this part have been met. The social
services  official shall thereafter make reasonable efforts to place the
child in a timely manner and to complete whatever steps are necessary to
finalize the permanent placement of  the  child  as  set  forth  in  the
permanency  plan approved by the court. If reasonable efforts are deter-
mined by the court not to be required because of one of the grounds  set
forth  in  this paragraph, the social services official may file a peti-
tion for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
  [(c)] (D) For the purpose of this section, in  determining  reasonable
efforts  to  be made with respect to a child, and in making such reason-
able efforts, the child's health  and  safety  shall  be  the  paramount
concern.
  [(d)]  (E)  For the purpose of this section, a sibling shall include a
half-sibling.
  S 40. Section 755 of the family court act, subdivision (a) as  amended
by chapter 124 of the laws of 1993, is amended to read as follows:
  S 755. Suspended judgment. (a) Rules of court shall define permissible
terms  and  conditions of a suspended judgment. The court may order as a
condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE
PROVIDED BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF  ARTICLE
SIX  OF  THE SOCIAL SERVICES LAW or services for public good pursuant to
section seven hundred fifty-eight-a, and[, except  when  the  respondent
has  been  assigned to a facility in accordance with subdivision four of
section five hundred four of the executive law,] in  cases  wherein  the
record  indicates  that the consumption of alcohol by the respondent may
have been a contributing factor, the court may order attendance  at  and
completion  of  an  alcohol  awareness  program  established pursuant to
section 19.25 of the mental hygiene law.
  (b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od that exceptional circumstances require an additional  period  of  one
year.
  S  41.  Section 756 of the family court act, as amended by chapter 920
of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by

A. 7642--A                         27

chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999,  and subdivision (c) as amended by section 10 of part E of chapter
57 of the laws of 2005, is amended to read as follows:
  S 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
fifty-four,  the  court  may  place  the child in its own home or in the
custody of a suitable relative or other suitable private  person  [or  a
commissioner of social services], subject to the orders of the court.
  (ii)  Where  the  child  is  placed with the commissioner of the local
social services district, the court may direct the commissioner to place
the child with an authorized agency or  class  of  authorized  agencies,
including,  if  the  court  finds  that  the  respondent  is  a sexually
exploited child as defined in subdivision one of  section  four  hundred
forty-seven-a  of  the  social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the  court  so
directing  shall  include  one of the following alternatives to apply in
the event that the commissioner is unable to so place the child:
  (1) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
  (2) the commissioner shall return the child to the family court for  a
new dispositional hearing and order.
  (b)  Placements  under  this  section  may be for an initial period of
[twelve months] NINETY DAYS.  The court may extend a placement  pursuant
to  section  seven hundred fifty-six-a. In its discretion, the court may
recommend restitution or require services for public  good  pursuant  to
section  seven  hundred  fifty-eight-a  in  conjunction with an order of
placement.   [For the purposes of  calculating  the  initial  period  of
placement,  such  placement shall be deemed to have commenced sixty days
after the date the child was removed from his or her home in  accordance
with  the  provisions  of  this  article.] 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 best interests of the respondent.
  (c) [A placement pursuant to this section  with  the  commissioner  of
social  services  shall  not  be directed in any detention facility, but
the] THE court may direct detention  pending  transfer  to  a  placement
authorized  and  ordered  under  this  section  for  no  more than [than
fifteen] TEN days after such order of placement is made. Such  direction
shall  be  subject to extension pursuant to subdivision three of section
three hundred ninety-eight of the  social  services  law,  upon  written
documentation  to  the  office  of children and family services that the
youth is in need of specialized treatment or placement and the  diligent
efforts  by the commissioner of social services to locate an appropriate
placement.
  S 42. Section 756-a of the family court act, as added by  chapter  604
of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
amended by section 3 of part M of chapter 54 of the laws of 2016,  para-
graphs  (iii),  (iv) and (v) of subdivision (d) as amended by section 23

A. 7642--A                         28

and subdivision (d-1) as amended by section 24 of part L of  chapter  56
of the laws of 2015, is amended to read as follows:
  S  756-a.  Extension  of placement. (a) In any case in which the child
has been placed pursuant to section seven hundred fifty-six, the  child,
the  person  with  whom the child has been placed or the commissioner of
social services may petition the court to extend  such  placement.  Such
petition  shall be filed at least [sixty] THIRTY days prior to the expi-
ration of the period of placement, except for good cause shown,  but  in
no  event  shall  such  petition  be filed after the original expiration
date.
  (b) The court shall conduct a permanency hearing concerning  the  need
for  continuing the placement. The child, the person with whom the child
has been placed and the commissioner of social services shall  be  noti-
fied of such hearing and shall have the right to be heard thereat.
  (c)  The provisions of section seven hundred forty-five shall apply at
such permanency hearing. If the petition is filed within [sixty]  THIRTY
days prior to the expiration of the period of placement, the court shall
first  determine  at such permanency hearing whether good cause has been
shown. If good cause is not shown, the court shall dismiss the petition.
  (d) At the conclusion of the permanency hearing the court may, in  its
discretion,  order  an extension of the placement for not more than [one
year] NINETY DAYS.  The court must consider and determine in its order:
  (i) where appropriate, that reasonable efforts were made  to  make  it
possible  for  the  child to safely return to his or her home, or if the
permanency plan for the child is adoption, guardianship  or  some  other
permanent living arrangement other than reunification with the parent or
parents  of  the  child,  reasonable  efforts are being made to make and
finalize such alternate permanent placement including  consideration  of
appropriate in-state and out-of-state placements;
  (ii)  in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the  transition
from foster care to successful adulthood; and (B)(1) that the permanency
plan  developed  for the child, and any revision or addition to the plan
shall be developed in consultation with the child and, at the option  of
the  child,  with up to two additional members of the child's permanency
planning team who are selected by the child and who  are  not  a  foster
parent  of, or case worker, case planner or case manager for, the child,
except that the local commissioner of social services  with  custody  of
the  child  may  reject  an  individual so selected by the child if such
commissioner has good cause to believe that the individual would not act
in the best interests of the child,  and  (2)  that  one  individual  so
selected  by  the child may be designated to be the child's advisor and,
as necessary, advocate with respect to the application of the reasonable
and prudent parent standard;
  (iii) in the case of a child placed outside New  York  state,  whether
the  out-of-state  placement continues to be appropriate and in the best
interests of the child;
  (iv) whether and when the child: (A) will be returned to  the  parent;
(B)  should  be  placed  for  adoption with the social services official
filing a petition for termination of  parental  rights;  (C)  should  be
referred for legal guardianship; (D) should be placed permanently with a
fit  and  willing  relative;  or (E) should be placed in another planned
permanent living arrangement with a significant connection to  an  adult
willing  to  be  a permanency resource for the child if the child is age
sixteen or older and (1) the social services official has documented  to
the  court:  (I) intensive, ongoing, and, as of the date of the hearing,

A. 7642--A                         29

unsuccessful efforts made by the social services district to return  the
child  home  or  secure a placement for the child with a fit and willing
relative including adult siblings, a  legal  guardian,  or  an  adoptive
parent, including through efforts that utilize search technology includ-
ing  social  media  to find biological family members for children, (II)
the steps the social services district is taking to ensure that (A)  the
child's  foster  family  home  or  child  care facility is following the
reasonable and prudent  parent  standard  in  accordance  with  guidance
provided  by  the United States department of health and human services,
and (B) the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities including by consulting with  the
child  in an age-appropriate manner about the opportunities of the child
to participate in activities; and (2) the social services  district  has
documented  to  the  court  and  the court has determined that there are
compelling reasons for determining that it continues to not  be  in  the
best  interest  of the child to return home, be referred for termination
of parental rights and placed for adoption, placed with a fit and  will-
ing  relative,  or  placed  with a legal guardian; and (3) the court has
made a determination explaining why, as of  the  date  of  the  hearing,
another  planned  living arrangement with a significant connection to an
adult willing to be a permanency resource for  the  child  is  the  best
permanency plan for the child; and
  (v) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements.
  (d-1)  At  the  permanency  hearing,  the court shall consult with the
respondent in an age-appropriate manner regarding the  permanency  plan;
provided,  however,  that  if the respondent is age sixteen or older and
the requested permanency plan for the respondent is placement in another
planned permanent living arrangement with a significant connection to an
adult willing to be a permanency resource for the respondent, the  court
must  ask  the  respondent  about the desired permanency outcome for the
respondent.
  (e) Pending final determination of a petition to extend such placement
filed in accordance with the provisions of this section, the court  may,
on  its  own  motion  or at the request of the petitioner or respondent,
enter one or more temporary orders extending a period of  placement  not
to exceed thirty days upon satisfactory proof showing probable cause for
continuing  such  placement  and that each temporary order is necessary.
The court may order additional temporary extensions,  not  to  exceed  a
total  of  fifteen  days, if the court is unable to conclude the hearing
within the thirty day temporary extension period. In no event shall  the
aggregate  number  of  days  in extensions granted or ordered under this
subdivision total more than  forty-five  days.  The  petition  shall  be
dismissed  if  a decision is not rendered within the period of placement
or any temporary extension thereof. Notwithstanding any provision of law
to the contrary, the initial permanency hearing  shall  be  held  within
[twelve  months of the date the child was placed into care] A REASONABLE
PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD  OF  PLACE-
MENT  pursuant  to section seven hundred fifty-six [of this article] and
no later than every twelve months thereafter. [For the purposes of  this
section,  the  date  the  child was placed into care shall be sixty days
after the child was removed from his or her home in accordance with  the
provisions of this section.]
  (f)  Successive  extensions  of  placement  under  this section may be
granted, but no placement may be made or continued  beyond  the  child's

A. 7642--A                         30

eighteenth  birthday without his or her consent and in no event past his
or her twenty-first birthday.
  S  43.  Section 757 of the family court act is amended by adding a new
subdivision (e) to read as follows:
  (E) THE COURT MAY ORDER SERVICES DEEMED  APPROPRIATE  TO  ADDRESS  THE
CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING  PETITION INCLUDING SERVICES
PROVIDED BY FAMILY SUPPORT CENTERS.
  S 44. Section 758-a of the family court act, as amended by chapter  73
of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to read as follows:
  S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over  [ten]  TWELVE  and  less than [sixteen] EIGHTEEN years of age, the
court may
  (a) recommend as a condition of placement, or order as a condition  of
probation or suspended judgment, restitution in an amount representing a
fair  and  reasonable  cost to replace the property or repair the damage
caused by the [infant] CHILD,  not,  however,  to  exceed  one  thousand
dollars.  [In  the case of a placement, the court may recommend that the
infant pay out of his or  her  own  funds  or  earnings  the  amount  of
replacement  or  damage, either in a lump sum or in periodic payments in
amounts set by the agency with which he is placed, and in  the  case  of
probation  or  suspended  judgment,  the] THE court may require that the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic  payments  in
amounts set by the court; and/or
  (b)  order  as a condition of placement, probation, or suspended judg-
ment, services for the public good including in  the  case  of  a  crime
involving  willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for  the  mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
  2.  If  the  court recommends restitution or requires services for the
public good in conjunction  with  an  order  of  placement  pursuant  to
section  seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the super-
vision of such a program, which rules and regulations shall  be  subject
to  the  approval of the state department of social services. Such rules
and regulations shall include, but not  be  limited  to  provisions  (i)
assuring  that  the conditions of work, including wages, meet the stand-
ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the enti-
ty  receiving  such  services  shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not  less
frequently than every six months, unless the order provides otherwise.
  3.  If  the court requires restitution or services for the public good
as a condition of probation or suspended judgment, it shall provide that
an agency or person supervise the restitution or services and that  such
agency  or person report to the court not less frequently than every six
months, unless the order provides otherwise.  Upon  the  written  notice
sent  by  a  school  district to the court and the appropriate probation
department or agency which submits probation recommendations or  reports

A. 7642--A                         31

to  the  court,  the  court  may provide that such school district shall
supervise the performance of services for the public good.
  4.  The court, upon receipt of the reports provided for in subdivision
two or three of this section may, on its own motion or the motion of any
party  or  the agency, hold a hearing to determine whether the placement
should be altered or modified.
  S 45. Subdivision (f) of section 759  of  the  family  court  act,  as
amended  by  section  11 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
  (f) to participate in family counseling or  other  professional  coun-
seling  activities,  or  other  services, including SERVICES PROVIDED BY
FAMILY  SUPPORT  CENTERS,  alternative   dispute   resolution   services
conducted  by  an authorized person or an authorized agency to which the
youth has been referred or placed, deemed necessary  for  the  rehabili-
tation  of  the youth, provided that such family counseling, other coun-
seling activity or other necessary services are  not  contrary  to  such
person's religious beliefs;
  S  46.  Section  768  of  the  family  court act is amended to read as
follows:
  S 768. Successive petitions. If a petition under section seven hundred
sixty-four is denied, it may not be renewed for  a  period  of  [ninety]
THIRTY days after the denial, unless the order of denial permits renewal
at an earlier time.
  S  47.  Section  153-k of the social services law is amended by adding
two new subdivisions 2-a and 2-b to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSES,  FOR  PREVENTIVE  SERVICES,  AFTERCARE
SERVICES,  INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED
TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD  NOT
OTHERWISE  HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED  THE  AGE  OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE  AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
  S 48.  Subdivisions 5 and 6 of section 371 of the social services law,
subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
read as follows:
  5. "Juvenile delinquent" means a person  [over  seven  and  less  than
sixteen  years of age who does any act which, if done by an adult, would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
  6. "Person in need of supervision" means a person [less than  eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble  or habitually disobedient and beyond the lawful control of a parent
or other person legally responsible for  such  child's  care,  or  other
lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
FAMILY COURT ACT.
  S 49. Article 6 of the social services law is amended by adding a  new
title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS

A. 7642--A                         32

SECTION 458-M. FAMILY SUPPORT CENTERS.
        458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
  S  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
"FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
VISION PURSUANT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT,  AND  THEIR
FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE  JUVE-
NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
  2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
  (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
  (B) CRISIS INTERVENTION;
  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D) MENTAL AND BEHAVIORAL HEALTH SERVICES, AS DEFINED  IN  SUBDIVISION
FIFTY-EIGHT  OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING COGNI-
TIVE INTERVENTIONS;
  (E) CASE MANAGEMENT;
  (F) RESPITE SERVICES; AND
  (G) OTHER FAMILY SUPPORT SERVICES.
  3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
UALIZED NEEDS OF THE CHILD AND  FAMILY  BASED  ON  THE  ASSESSMENTS  AND
SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
  4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
  S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES  MADE  BY  SOCIAL
SERVICES  DISTRICTS,  EXCLUSIVE  OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAMILY
SUPPORT  CENTERS  SHALL  BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
THROUGHOUT THE STATE WITH THE APPROVAL OF THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES,  PROVIDED  HOWEVER  THAT  TWO  OR MORE SOCIAL SERVICES
DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A  FAMILY
SUPPORT  CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
WITH.
  3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH  NOT-FOR-PROFIT  CORPO-
RATIONS  OR  UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
REQUIREMENTS ISSUED BY THE OFFICE. FAMILY  SUPPORT  CENTERS  SHALL  HAVE
SUFFICIENT  CAPACITY  TO  PROVIDE  SERVICES  TO  YOUTH WITHIN THE SOCIAL
SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING,  ALLEGED  OR
ADJUDICATED  TO  BE  PERSONS  IN NEED OF SUPERVISION PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION,  TO  THE
EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
WHO  ARE  ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
ACT.
  4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE

A. 7642--A                         33

OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S 50. Subdivisions 3 and 11 of section 398 of the social services law,
subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
(c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
1976, are amended to read as follows:
  3. As to delinquent children and persons in need of supervision:
  (a) Investigate complaints as to alleged delinquency of a child.
  (b)  Bring  such case of alleged delinquency when necessary before the
family court.
  (c) Receive within fifteen days from  the  order  of  placement  as  a
public charge any delinquent child committed or placed or IN THE CASE OF
A  person in need of supervision placed, TEN DAYS, in his or her care by
the family court provided, however, that the commissioner of the  social
services  district  with whom the child is placed may apply to the state
commissioner or his or  her  designee  for  approval  of  an  additional
fifteen  days,  OR  IN  THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
DAYS, upon written documentation to the office of  children  and  family
services that the youth is in need of specialized treatment or placement
and  the  diligent  efforts  by  the  commissioner of social services to
locate an appropriate placement.
  11. In the case of a child who is adjudicated  a  person  in  need  of
supervision  or  a juvenile delinquent and is placed by the family court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency pursuant to court order, the social services official shall  make
expenditures  in  accordance  with the regulations of the department for
the care and maintenance of such child during the term of such placement
subject  to  state  reimbursement  pursuant  to  SECTION   ONE   HUNDRED
FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
in applicable cases].
  S  51.  Subdivision  8  of  section 404 of the social services law, as
added by section 1 of subpart A of part G of chapter 57 of the  laws  of
2012, is amended to read as follows:
  8.  (a)  Notwithstanding any other provision of law to the contrary[,]
EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
expenditures  during  the  applicable  time  periods  made  by  a social
services district for an approved juvenile  justice  services  close  to
home  initiative  shall, if approved by the department of family assist-
ance, be subject to reimbursement with state funds only up to the extent
of an annual  appropriation  made  specifically  therefor,  after  first
deducting  therefrom  any  federal  funds  properly  received  or  to be
received on account thereof; provided, however,  that  when  such  funds
have  been  exhausted,  a  social  services  district  may receive state
reimbursement from other available state appropriations for  that  state
fiscal  year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims  submitted  by  a
social services district for reimbursement for a particular state fiscal
year  for  which  the  social  services  district does not receive state
reimbursement from the annual appropriation for the  approved  close  to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
  (i)  State  funding  for  reimbursement shall be, subject to appropri-
ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
$35,200,000  adjusted by any changes in such amount required by subpara-

A. 7642--A                         34

graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
$41,400,000  adjusted  to  include the amount of any changes made to the
state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
(iii)  of  this  paragraph  plus any additional changes required by such
subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
ation,  for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
  (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
paragraph  shall  be  increased  or decreased by the percentage that the
average of the most recently approved maximum state aid rates for  group
residential  foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential  foster  care
programs  in  existence  immediately prior to the most recently approved
rates.
  (iii) The reimbursement amounts set forth in subparagraph (i) of  this
paragraph  shall  be increased if either the population of alleged juve-
nile delinquents who receive a probation intake or the total  population
of  adjudicated  juvenile  delinquents placed on probation combined with
the population of adjudicated juvenile delinquents placed out  of  their
homes  in  a  setting  other  than a secure facility pursuant to section
352.2 of the family court act, increases by at least  ten  percent  over
the respective population in the annual baseline year. The baseline year
shall be the period from July first, two thousand ten through June thir-
tieth,  two  thousand  eleven or the most recent twelve month period for
which there is complete data, whichever is  later.  In  each  successive
year,  the  population of the previous July first through June thirtieth
period shall be compared  to  the  baseline  year  for  determining  any
adjustments to a state fiscal year appropriation. When either population
increases  by ten percent or more, the reimbursement will be adjusted by
a percentage equal to the larger of the percentage  increase  in  either
the  number of probation intakes for alleged juvenile delinquents or the
total population of adjudicated juvenile delinquents placed on probation
combined with the population of adjudicated juvenile delinquents  placed
out of their homes in a setting other than a secure facility pursuant to
section 352.2 of the family court act.
  (iv)  The social services district and/or the New York city department
of probation shall provide an annual report including the data  required
to  calculate  the  population adjustment to the New York city office of
management and budget, the division of criminal justice services and the
state division of the budget no later than the first  day  of  September
following  the  close  of the previous July first through June thirtieth
period.
  (A-1) STATE REIMBURSEMENT SHALL BE  MADE  AVAILABLE  FOR  ONE  HUNDRED
PERCENT  OF  ELIGIBLE  EXPENDITURES  MADE BY A SOCIAL SERVICES DISTRICT,
EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE  FOR  SUCH  PURPOSES,  FOR
APPROVED  JUVENILE  JUSTICE  SERVICES  UNDER  AN  APPROVED CLOSE TO HOME
INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
PROVISIONS IN A CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND  FIFTEEN  THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
  (b)  The  department  of  family  assistance  is  authorized,  in  its
discretion, to make advances to a social  services  district  in  antic-
ipation of the state reimbursement provided for in this section.
  (c)  A  social  services  district  shall conduct eligibility determi-
nations for federal and state funding and submit claims  for  reimburse-

A. 7642--A                         35

ment  in  such form and manner and at such times and for such periods as
the department of family assistance shall determine.
  (d) Notwithstanding any inconsistent provision of law or regulation of
the  department  of  family assistance, state reimbursement shall not be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
  (e) Claims submitted by a social services district  for  reimbursement
shall  be  paid after deducting any expenditures defrayed by fees, third
party reimbursement, and any non-tax levy funds  including  any  donated
funds.
  (f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than  twenty-two months after the calendar quarter in which the expendi-
tures were made.
  (g) Notwithstanding any other provision of law, the state shall not be
responsible for reimbursing a social services district  and  a  district
shall  not  seek state reimbursement for any portion of any state disal-
lowance or sanction taken against the social services district,  or  any
federal  disallowance  attributable to final federal agency decisions or
to settlements made, when such disallowance or sanction results from the
failure of the social services district to comply with federal or  state
requirements,  including, but not limited to, failure to document eligi-
bility for the federal or state funds in the case record. To the  extent
that the social services district has sufficient claims other than those
that are subject to disallowance or sanction to draw down the full annu-
al  appropriation,  such  disallowance or sanction shall not result in a
reduction in payment of state funds to the district unless the  district
requests  that  the department use a portion of the appropriation toward
meeting the district's responsibility to repay  the  federal  government
for the disallowance or sanction and any related interest payments.
  (h) Rates for residential services. (i) The office shall establish the
rates,  in  accordance with section three hundred ninety-eight-a of this
chapter, for any non-secure facilities  established  under  an  approved
juvenile justice services close to home initiative. For any such non-se-
cure  facility  that  will  be  used  primarily  by  the social services
district with an approved close to home initiative, final authority  for
establishment  of  such  rates  and any adjustments thereto shall reside
with the office, but such rates and any  adjustments  thereto  shall  be
established  only  upon  the  request of, and in consultation with, such
social services district.
  (ii) A social services district  with  an  approved  juvenile  justice
services  close  to  home  initiative for juvenile delinquents placed in
limited secure settings  shall  have  the  authority  to  establish  and
adjust,  on  an  annual  or regular basis, maintenance rates for limited
secure facilities providing residential services under such  initiative.
Such  rates  shall  not  be  subject  to the provisions of section three
hundred ninety-eight-a of this chapter but shall be subject  to  maximum
cost limits established by the office of children and family services.
  S  52.  Paragraph  (a) of subdivision 1 of section 409-a of the social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
  (a) A social services official shall provide preventive services to  a
child  and  his  or  her family, in accordance with the family's service
plan as required by section four hundred nine-e of this chapter and  the

A. 7642--A                         36

social  services  district's  child  welfare services plan submitted and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding by such official that (i) the child will be placed, returned  to
or  continued  in foster care unless such services are provided and that
it is reasonable to believe that by providing such  services  the  child
will be able to remain with or be returned to his or her family, and for
a former foster care youth under the age of twenty-one who was previous-
ly  placed  in  the  care and custody or custody and guardianship of the
local commissioner of social services or other officer, board or depart-
ment authorized to receive  children  as  public  charges  where  it  is
reasonable  to believe that by providing such services the former foster
care youth will avoid a return to foster care or (ii) the child  is  the
subject  of  a  petition under article seven of the family court act, or
has been determined by the assessment service  established  pursuant  to
section  two  hundred  forty-three-a  of  the  executive  law, or by the
probation service where no such assessment service has been  designated,
to  be  at  risk of being the subject of such a petition, and the social
services official determines that the child is at risk of placement into
foster care. Such finding shall be entered in the child's  uniform  case
record  established  and  maintained  pursuant  to  section four hundred
nine-f of this chapter. The commissioner shall promulgate regulations to
assist social services officials in making determinations of eligibility
for mandated preventive services pursuant to this  [subparagraph]  PARA-
GRAPH.
  S 53. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
  1.  Except  as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than [sixteen] EIGHTEEN  years  old  is  not
criminally responsible for conduct.
  2.  A  person  thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN
years of age is criminally responsible for acts constituting  murder  in
the  second  degree  as  defined  in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a  sexually  motivated  felony,
where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
of age is  criminally  responsible  for  acts  constituting  the  crimes
defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
(arson in the first degree); subdivisions one and two of section  120.10
(assault  in  the  first  degree);  125.20  (manslaughter  in  the first
degree); subdivisions one and two of section 130.35 (rape in  the  first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
section  140.25  (burglary  in  the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
section  265.03  of this chapter, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or defined in  this  chapter
as an attempt to commit murder in the second degree or kidnapping in the
first  degree, or for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.

A. 7642--A                         37

  3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPONSI-
BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
490.50  (CRIMINAL  USE  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR  BIOLOGICAL
WEAPON  IN  THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT); 130.96
(PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11  (AGGRAVATED  ASSAULT
UPON   A   POLICE  OFFICER  OR  A  PEACE  OFFICER);  125.22  (AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE);  130.75  (COURSE  OF  SEXUAL  CONDUCT
AGAINST  A  CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR
WITNESS IN THE FIRST DEGREE);  255.27  (INCEST  IN  THE  FIRST  DEGREE);
265.04  (CRIMINAL  POSSESSION  OF  A WEAPON IN THE FIRST DEGREE); 265.09
(CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13  (CRIMINAL  SALE
OF  A  FIREARM  IN  THE  FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
121.13  (STRANGULATION  IN  THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF  A  CHEMICAL
WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED
SEXUAL ABUSE IN THE THIRD DEGREE)  OF  THIS  CHAPTER;  OR  SUCH  CONDUCT
COMMITTED  AS  A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO
SECTION 130.91 OF THIS CHAPTER.
  4. In any prosecution for an offense, lack of criminal  responsibility
by reason of infancy, as defined in this section, is a defense.
  S  54.  Subdivision 2 of section 60.02 of the penal law, as amended by
chapter 471 of the laws of 1980, is amended to read as follows:
  (2) If the sentence is to be imposed upon a youthful offender  finding
which  has  been  substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person  convicted
of  a  class  E  felony  provided,  however, that (A) the court must not
impose a sentence of [conditional discharge or] unconditional  discharge
if  the  youthful offender finding was substituted for a conviction of a
felony defined in article two hundred twenty of this chapter.
  S 55. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
  1.  When a juvenile offender is convicted of a crime, the court  shall
sentence  the defendant to imprisonment in accordance with section 70.05
or sentence [him] THE DEFENDANT upon  a  youthful  offender  finding  in
accordance with section 60.02 of this chapter.
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided,  however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of  a  conviction  of  a  juvenile
offender,  other  than  a  juvenile  offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the  criminal  procedure
law,  as  a  previous  or predicate felony offender under section 70.04,
70.06, 70.07, 70.08, [or 70.10,], OR 70.80 when sentencing a person  who
commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
EIGHTEEN.
  S  56.  Paragraph  (b)  of subdivision 2 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and  a  new
paragraph (b-1) is added to read as follows:

A. 7642--A                         38

  (b) For [the] A class [A] A-I felony [of arson in the first degree, or
for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the term shall be fixed by the  court,  and
shall be at least twelve years but shall not exceed fifteen years;
  (B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS;
  S  57.  Paragraph  (b)  of subdivision 3 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and  a  new
subdivision (b-1) is added to read as follows:
  (b) For [the] A class [A] A-I felony [of arson in the first degree, or
for  the  class  A  felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be
fixed by the court and shall be not less than four years but  shall  not
exceed six years; and
  (B-1)  FOR  A  CLASS  A-II  FELONY, THE MINIMUM PERIOD OF IMPRISONMENT
SHALL BE FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE  YEARS  BUT
SHALL NOT EXCEED FIVE YEARS; AND
  S  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  1. [(a)] Indeterminate or determinate sentence. Except as provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to the custody of the state department of corrections and community
supervision for the term of his or her sentence and  until  released  in
accordance  with  the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
  [(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision  shall
inquire as to whether the parents or legal guardian of the defendant, if
present,  will  grant  to  the  minor the capacity to consent to routine
medical, dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment,  the  commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and  mental  health  services  and
treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion on notice to the department of corrections and  community  super-
vision  pursuant  to  article  twenty-two  of the civil practice law and
rules and section one hundred forty of the correction law, objecting  to
routine  medical,  dental  or mental health services and treatment being
provided to such inmate under the provisions of paragraph  (b)  of  this
subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
  S 59. Subdivision 2 of section 70.20 of the penal law, as  amended  by
chapter 437 of the laws of 2013, is amended to read as follows:

A. 7642--A                         39

  2.  [(a)] Definite sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  [(b) The court in committing a defendant who is not yet eighteen years
of  age  to  the local correctional facility shall inquire as to whether
the parents or legal guardian of the defendant, if present,  will  grant
to  the  minor  the  capacity  to consent to routine medical, dental and
mental health services and treatment.
  (c) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion  on  notice  to the local correction facility pursuant to article
twenty-two of the civil practice law and rules and section  one  hundred
forty  of  the  correction  law, objecting to routine medical, dental or
mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
  S 60. Subdivision 4 of section 70.20 of the penal law, as  amended  by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  4.  (a)  Notwithstanding any other provision of law to the contrary, a
juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
ful  offender and given an indeterminate or a definite sentence, AND WHO
IS UNDER THE AGE OF TWENTY-ONE AT  THE  TIME  OF  SENTENCING,  shall  be
committed  to  the custody of the commissioner of the office of children
and family services who shall arrange for the confinement of such offen-
der in [secure] facilities of the office. The  release  or  transfer  of
such  offenders from the office of children and family services shall be
governed by section five hundred eight of  the  executive  law.  IF  THE
JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED A YOUTHFUL OFFENDER AND IS
TWENTY-ONE  YEARS  OF  AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
PERSON  WHO  IS  SENTENCED  TO AN INDETERMINATE SENTENCE AS AN ADULT FOR
COMMITTING A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF  AGE
WHO  IS  SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN TO A
TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER  THE  AGE  OF
EIGHTEEN  AT  THE  TIME HE OR SHE IS SENTENCED SHALL BE COMMITTED TO THE
CUSTODY OF THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  WHO  SHALL  ARRANGE  FOR  THE  CONFINEMENT OF SUCH OFFENDER IN
FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY  SECTION
FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
  (b)  The  court in committing [a juvenile offender and youthful offen-
der] AN OFFENDER UNDER EIGHTEEN YEARS OF  AGE  to  the  custody  of  the
office  of  children and family services shall inquire as to whether the
parents or legal guardian of the youth, if present, will consent for the
office of children and  family  services  to  provide  routine  medical,
dental and mental health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  an offender to the custody of the office of children and family
services in accordance with this section and no medical consent has been
obtained prior to said commitment, the commitment order shall be  deemed
to  grant  consent  for  the  office  of children and family services to

A. 7642--A                         40

provide for routine medical,  dental  and  mental  health  services  and
treatment to the offender so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an offender who is not yet eighteen years of age from making a
motion on notice to the office of children and family services  pursuant
to  article  twenty-two of the civil practice law and rules objecting to
routine medical, dental or mental health services  and  treatment  being
provided  to such offender under the provisions of paragraph (b) of this
subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the offender is authorized by law to consent on  his  or  her  own
behalf to any medical, dental and mental health service or treatment.
  S  60-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
law, as added by chapter 481 of the laws of 1978 and relettered by chap-
ter 3 of the laws of 1995, is amended to read as follows:
  (f) The aggregate maximum term of consecutive sentences imposed upon a
juvenile offender for two or more crimes, not including a class A  felo-
ny,  committed  before  he  has reached the age of sixteen, shall, if it
exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
nate  sentences  imposed upon a juvenile offender include a sentence for
[the] A class A felony [of arson in the first degree or for the class  A
felony  of  kidnapping  in  the  first  degree] OTHER THAN MURDER IN THE
SECOND DEGREE, then the aggregate maximum term of such sentences  shall,
if  it  exceeds  fifteen years, be deemed to be fifteen years. Where the
aggregate maximum term of two or more consecutive sentences  is  reduced
by  a calculation made pursuant to this paragraph, the aggregate minimum
period of imprisonment, if it exceeds one-half of the aggregate  maximum
term  as  so  reduced,  shall  be deemed to be one-half of the aggregate
maximum term as so reduced.
  S 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  18. "Juvenile offender" means (1) a person thirteen years old  who  is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law; and] THIS CHAPTER;
  (2) a person fourteen [or], fifteen, SIXTEEN OR  SEVENTEEN  years  old
who  is  criminally responsible for acts constituting the crimes defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree)  and  in  subdivision  three  of  such section provided that the
underlying crime for the murder charge is one for which such  person  is
criminally responsible; section 135.25 (kidnapping in the first degree);
150.20  (arson in the first degree); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the  first
degree);  subdivisions  one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
degree);  140.30  (burglary  in  the  first  degree); subdivision one of
section 140.25 (burglary in the second degree);  150.15  (arson  in  the
second degree); 160.15 (robbery in the first degree); subdivision two of
section  160.10  (robbery  in  the  second  degree)  of this chapter; or
section 265.03 of this chapter, where such machine gun or  such  firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen  of  section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the

A. 7642--A                         41

first degree, or such conduct as  a  sexually  motivated  felony,  where
authorized  pursuant  to section 130.91 of [the penal law] THIS CHAPTER;
AND
  (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST
DEGREE);  490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE SECOND DEGREE); 490.55 (CRIMINAL USE  OF  A  CHEMICAL  WEAPON  OR
BIOLOGICAL  WEAPON  IN  THE  FIRST  DEGREE);  130.95  (PREDATORY  SEXUAL
ASSAULT); 130.96 (PREDATORY SEXUAL  ASSAULT  AGAINST  A  CHILD);  120.11
(AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF  SEXUAL
CONDUCT  AGAINST  A  CHILD  IN THE FIRST DEGREE); 215.17 (INTIMIDATING A
VICTIM OR WITNESS IN THE FIRST DEGREE);  255.27  (INCEST  IN  THE  FIRST
DEGREE);  265.04  (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
121.13  (STRANGULATION  IN  THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF  A  CHEMICAL
WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED
SEXUAL ABUSE IN THE THIRD DEGREE)  OF  THIS  CHAPTER;  OR  SUCH  CONDUCT
COMMITTED  AS  A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO
SECTION 130.91 OF THIS CHAPTER.
  S 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42. "Juvenile offender" means (1) a person, thirteen years old who  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated  felony,  where  authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
[or],  fifteen, SIXTEEN OR SEVENTEEN years old who is criminally respon-
sible for acts constituting the crimes defined in subdivisions  one  and
two  of  section 125.25 (murder in the second degree) and in subdivision
three of such section provided that the underlying crime for the  murder
charge  is  one for which such person is criminally responsible; section
135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
degree);  subdivisions  one  and  two  of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first  degree);  subdivisions
one  and  two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section  160.10  (robbery  in  the
second  degree)  of  the  penal law; or section 265.03 of the penal law,
where such machine gun or such firearm is possessed on  school  grounds,
as  that  phrase is defined in subdivision fourteen of section 220.00 of
the penal law; or defined in the penal  law  as  an  attempt  to  commit
murder  in  the second degree or kidnapping in the first degree, or such
conduct as a sexually motivated felony,  where  authorized  pursuant  to
section  130.91  of the penal law; AND (3) A PERSON SIXTEEN OR SEVENTEEN
YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE  CRIMES

A. 7642--A                         42

DEFINED  IN  SECTION  460.22  (AGGRAVATED ENTERPRISE CORRUPTION); 490.25
(CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION OF A  CHEMICAL  WEAPON
OR  BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE SECOND DEGREE); 490.55
(CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE);  130.95  (PREDATORY  SEXUAL  ASSAULT); 130.96 (PREDATORY SEXUAL
ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFI-
CER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER  IN  THE  FIRST
DEGREE);  130.75  (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST  DEGREE);
255.27  (INCEST  IN  THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A  FIREARM  IN  THE
FIRST  DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE);
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE);  490.40
(CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR  BIOLOGICAL
WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);
130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL
POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  THIRD
DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THIS
CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE
AUTHORIZED PURSUANT TO SECTION 130.91 OF THIS CHAPTER.
  S 63. The article heading of article 100 of the criminal procedure law
is amended to read as follows:
                     --COMMENCEMENT OF ACTION IN LOCAL
        CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                 CRIMINAL COURT] ACCUSATORY INSTRUMENTS
  S 63-a. The opening paragraph of section 100.05 of the criminal proce-
dure law is amended to read as follows:
  A  criminal action is commenced by the filing of an accusatory instru-
ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER,  THE
YOUTH  PART  OF THE SUPERIOR COURT, and if more than one such instrument
is filed in  the  course  of  the  same  criminal  action,  such  action
commences  when the first of such instruments is filed.  The only way in
which a criminal action can be commenced in a superior court is  by  the
filing  therewith  by  a grand jury of an indictment against a defendant
who has never been held by a local criminal court for the action of such
grand jury with respect to any  charge  contained  in  such  indictment;
PROVIDED,  HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST A
JUVENILE OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF  COMMENCE-
MENT,  SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF THE
YOUTH PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE  MAGISTRATE
DESIGNATED  BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLI-
CABLE DEPARTMENT TO ACT AS A YOUTH PART.  Otherwise, a  criminal  action
can be commenced only in a local criminal court, by the filing therewith
of a local criminal court accusatory instrument, namely:
  S 63-b. The section heading and subdivision 5 of section 100.10 of the
criminal procedure law are amended to read as follows:
  Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
instruments; definitions thereof.
  5.  A "felony complaint" is a verified written accusation by a person,
filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR  COURT,
charging  one  or  more other persons with the commission of one or more
felonies.   It serves as a basis for  the  commencement  of  a  criminal
action, but not as a basis for prosecution thereof.

A. 7642--A                         43

  S  63-c.  The section heading of section 100.40 of the criminal proce-
dure law is amended to read as follows:
  Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
instruments; sufficiency on face.
  S 63-d. The criminal procedure law is amended by adding a new  section
100.60 to read as follows:
S  100.60  YOUTH  PART  OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN
           WHAT COURTS FILED.
  ANY YOUTH PART OF THE SUPERIOR  COURT  ACCUSATORY  INSTRUMENT  MAY  BE
FILED  WITH  THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY
WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN  SUCH  COUNTY
OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
  S  63-e.  The article heading of article 110 of the criminal procedure
law is amended to read as follows:
                    --REQUIRING DEFENDANT'S APPEARANCE
         IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                             FOR ARRAIGNMENT
  S 63-f. The section heading and subdivisions 1 and 2 of section 110.10
of the criminal procedure law are amended to read as follows:
  Methods of requiring defendant's appearance in local criminal court OR
YOUTH PART OF THE SUPERIOR COURT for arraignment; in general.
  1. After a criminal action has been  commenced  in  a  local  criminal
court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
instrument  therewith,  a  defendant  who  has not been arraigned in the
action and has not come under the control of the court may under certain
circumstances be compelled or required to appear  for  arraignment  upon
such accusatory instrument by:
  (a)  The issuance and execution of a warrant of arrest, as provided in
article one hundred twenty; or
  (b)    The  issuance and service upon him of a summons, as provided in
article one hundred thirty; or
  (c)  Procedures provided in articles five hundred sixty, five  hundred
seventy,  five  hundred  eighty, five hundred ninety and six hundred for
securing attendance of defendants in criminal actions  who  are  not  at
liberty within the state.
  2.  Although no criminal action against a person has been commenced in
any  court,  he may under certain circumstances be compelled or required
to appear in a local criminal court OR YOUTH PART OF  A  SUPERIOR  COURT
for  arraignment  upon an accusatory instrument to be filed therewith at
or before the time of his appearance by:
  (a)  An arrest made without a warrant,  as  provided  in  article  one
hundred forty; or
  (b)    The  issuance  and service upon him of an appearance ticket, as
provided in article one hundred fifty.
  S 63-g. Section 110.20 of the criminal procedure law,  as  amended  by
chapter 843 of the laws of 1980, is amended to read as follows:
S  110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu-
            satory instruments; notice thereof to district attorney.
  When a criminal action in which a crime is charged is commenced  in  a
local  criminal  court, other than the criminal court of the city of New
York, OR YOUTH PART OF THE SUPERIOR COURT,  a  copy  of  the  accusatory
instrument  shall  be  promptly  transmitted to the appropriate district
attorney upon or prior to the arraignment of the defendant on the  accu-
satory  instrument.    If  a  police  officer  or a peace officer is the
complainant or the filer of a simplified information,  or  has  arrested
the  defendant  or  brought him before the local criminal court OR YOUTH

A. 7642--A                         44

PART OF THE SUPERIOR COURT on behalf of an arresting person pursuant  to
subdivision  one  of  section  140.20,  such officer or his agency shall
transmit the copy  of  the  accusatory  instrument  to  the  appropriate
district  attorney.  In all other cases, the clerk of the court in which
the defendant is arraigned shall so transmit it.
  S 63-h. The opening paragraph of subdivision 1 of  section  120.20  of
the  criminal  procedure  law,  as amended by chapter 506 of the laws of
2000, is amended to read as follows:
  When a criminal action has been commenced in a local criminal court OR
YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
ry instrument, other than a simplified traffic  information,  against  a
defendant who has not been arraigned upon such accusatory instrument and
has not come under the control of the court with respect thereto:
  S  63-i.  Section  120.30  of the criminal procedure law is amended to
read as follows:
S 120.30  Warrant of arrest; by what courts issuable and in what  courts
             returnable.
  1.  A warrant of arrest may be issued only by the local criminal court
OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
instrument has been filed, and it may be made returnable in such issuing
court only.
  2.    The  particular  local criminal court or courts OR YOUTH PART OF
SUPERIOR COURT with which any particular local criminal court  OR  YOUTH
PART  OF  THE  SUPERIOR COURT accusatory instrument may be filed for the
purpose of obtaining a warrant of arrest are determined,  generally,  by
the provisions of section 100.55 OR 100.60, AS APPLICABLE.  If, however,
a  particular  accusatory instrument may pursuant to said section 100.55
be filed with a particular town court and such town court is not  avail-
able  at  the  time  such instrument is sought to be filed and a warrant
obtained, such accusatory instrument may be filed with the town court of
any adjoining town of the same county.  If such instrument may be  filed
pursuant to said section 100.55 with a particular village court and such
village  court  is  not  available at the time, it may be filed with the
town court of the town embracing such village, or if such town court  is
not  available  either, with the town court of any adjoining town of the
same county.
  S 63-j. Section 120.55 of the criminal procedure law,  as  amended  by
section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
S 120.55  Warrant of arrest; defendant under parole or probation  super-
             vision.
  If  the  defendant  named within a warrant of arrest issued by a local
criminal court OR YOUTH PART OF  THE  SUPERIOR  COURT  pursuant  to  the
provisions  of  this  article, or by a superior court issued pursuant to
subdivision three of section 210.10 of this chapter, is under the super-
vision of the state department of corrections and community  supervision
or  a local or state probation department, then a warrant for his or her
arrest may be executed by a parole officer or  probation  officer,  when
authorized by his or her probation director, within his or her geograph-
ical area of employment.  The execution of the warrant by a parole offi-
cer or probation officer shall be upon the same conditions and conducted
in  the  same  manner as provided for execution of a warrant by a police
officer.
  S 63-k. Subdivision 1 of section 120.70 of the criminal procedure  law
is amended to read as follows:

A. 7642--A                         45

  1.    A  warrant of arrest issued by a district court, by the New York
City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
court judge sitting as a local criminal court may be  executed  anywhere
in the state.
  S  63-l.  Section  120.90 of the criminal procedure law, as amended by
chapter 424 of the laws of 1998, subdivision 8 as amended by chapter  96
of the laws of 2010, is amended to read as follows:
S 120.90  Warrant of arrest; procedure after arrest.
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon  so arresting him for a felony in any other
county, a police officer, if he be one to whom the warrant is addressed,
must without unnecessary delay bring  the  defendant  before  the  local
criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
is returnable.
  2.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in a county adjoining the  county  in  which  the  warrant  is
returnable, or upon so arresting him for a felony in any other county, a
police  officer,  if he be one delegated to execute the warrant pursuant
to section 120.60, must without unnecessary delay deliver the  defendant
or  cause  him  to be delivered to the custody of the officer by whom he
was so delegated, and the latter must then proceed as provided in subdi-
vision one.
  3.  Upon arresting a defendant for an  offense  other  than  a  felony
pursuant  to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer,  if  he
be  one to whom the warrant is addressed, must inform the defendant that
he has a right to appear before a local criminal court of the county  of
arrest  for  the  purpose  of  being released on his own recognizance or
having bail fixed.  If the defendant does not desire to avail himself of
such right, the officer must request him to endorse such fact  upon  the
warrant,  and upon such endorsement the officer must without unnecessary
delay bring him before the court in which the warrant is returnable.  If
the defendant does desire to avail himself  of  such  right,  or  if  he
refuses to make the aforementioned endorsement, the officer must without
unnecessary  delay bring him before a local criminal court of the county
of arrest.  Such court must release the defendant on  his  own  recogni-
zance or fix bail for his appearance on a specified date in the court in
which  the  warrant  is  returnable.   If the defendant is in default of
bail, the officer must without unnecessary delay bring  him  before  the
court in which the warrant is returnable.
  4.    Upon  arresting  a  defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in  which
the  warrant  is returnable or one adjoining it, a police officer, if he
be one delegated to execute the warrant pursuant to section 120.60,  may
hold  the  defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody  of
the  officer  by  whom  he was delegated to execute such warrant. If the
delegating officer receives custody of the defendant during such period,
he must proceed as provided in subdivision three. Otherwise, the  deleg-
ated  officer  must  inform  the defendant that he has a right to appear
before a local criminal court for the purpose of being released  on  his
own recognizance or having bail fixed.  If the defendant does not desire
to  avail  himself  of such right, the officer must request him to make,
sign and deliver to him a written statement of such  fact,  and  if  the
defendant does so, the officer must retain custody of him but must with-

A. 7642--A                         46

out  unnecessary  delay  deliver him or cause him to be delivered to the
custody of the delegating police officer. If the defendant  does  desire
to avail himself of such right, or if he refuses to make and deliver the
aforementioned  statement, the delegated or arresting officer must with-
out unnecessary delay bring him before a local  criminal  court  of  the
county  of  arrest  and  must  submit  to such court a written statement
reciting the material facts concerning the issuance of the warrant,  the
offense  involved,  and  all  other  essential matters relating thereto.
Upon the submission of such  statement,  such  court  must  release  the
defendant  on  his  own recognizance or fix bail for his appearance on a
specified date in the court in which the warrant is returnable.  If  the
defendant  is in default of bail, the officer must retain custody of him
but must without unnecessary delay deliver him or cause him to be deliv-
ered to the custody of the delegating  officer.    Upon  receiving  such
custody,  the  latter must without unnecessary delay bring the defendant
before the court in which the warrant is returnable.
  5.  Whenever a police officer is required pursuant to this section  to
bring  an  arrested  defendant before a town court in which a warrant of
arrest is returnable, and if such town court is  not  available  at  the
time,  such officer must, if a copy of the underlying accusatory instru-
ment has been attached  to  the  warrant  pursuant  to  section  120.40,
instead bring such defendant before any village court embraced, in whole
or  in  part,  by such town, or any local criminal court of an adjoining
town or city of the same county or any village court embraced, in  whole
or  in part, by such adjoining town. When the court in which the warrant
is returnable is a village court which is not available at the time, the
officer must in such circumstances bring the defendant before  the  town
court  of  the  town  embracing  such village or any other village court
within such town or, if such town court or village court is  not  avail-
able  either, before the local criminal court of any town or city of the
same county which adjoins such embracing town or, before the local crim-
inal court of any village embraced in whole or in part by such adjoining
town. When the court in which the warrant is returnable is a city  court
which  is  not  available  at the time, the officer must in such circum-
stances bring the defendant before  the  local  criminal  court  of  any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
  5-A.  WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION,
TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A  SUPERIOR  COURT
IN  WHICH  A  WARRANT  OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT
AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION  OF  THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
warrant is returnable, a police officer must without  unnecessary  delay
perform  all fingerprinting and other preliminary police duties required
in the particular case. In any  case  in  which  the  defendant  is  not
brought  by a police officer before such court but, following his arrest
in another county for an offense specified in subdivision one of section
160.10, is released by a local criminal court of such  other  county  on
his  own  recognizance or on bail for his appearance on a specified date
before the local criminal court before which the warrant is  returnable,
the  latter  court  must,  upon  arraignment of the defendant before it,
direct that he be fingerprinted by the appropriate  officer  or  agency,

A. 7642--A                         47

and  that he appear at an appropriate designated time and place for such
purpose.
  7.  Upon arresting a juvenile offender, the police officer shall imme-
diately  notify  the  parent or other person legally responsible for his
care or the person with whom he is domiciled, that the juvenile offender
has been arrested, and the location of the facility where  he  is  being
detained.
  8.    Upon  arresting a defendant, other than a juvenile offender, for
any offense pursuant to a warrant of arrest,  a  police  officer  shall,
upon  the  defendant's  request,  permit the defendant to communicate by
telephone provided by the law enforcement facility where  the  defendant
is held to a phone number located anywhere in the United States or Puer-
to  Rico, for the purposes of obtaining counsel and informing a relative
or friend that he or she has been arrested,  unless  granting  the  call
will  compromise  an  ongoing  investigation  or  the prosecution of the
defendant.
  S 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
follows:
  1. A summons is a process issued by a local criminal court directing a
defendant  designated  in  an information, a prosecutor's information, a
felony complaint or a misdemeanor complaint filed with such court, OR  A
YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
nated  in  an indictment filed with such court, to appear before it at a
designated future time in connection with  such  accusatory  instrument.
The sole function of a summons is to achieve a defendant's court appear-
ance  in a criminal action for the purpose of arraignment upon the accu-
satory instrument by which such action was commenced.
  S 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
chapter 506 of the laws of 2000, is amended to read as follows:
S 130.30 Summons; when issuable.
  A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
summons  in any case in which, pursuant to section 120.20, it is author-
ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
prosecutor's information, a felony complaint or a misdemeanor complaint.
If  such  information,  prosecutor's  information,  felony  complaint or
misdemeanor complaint is not sufficient on its  face  as  prescribed  in
section  100.40,  and if the court is satisfied that on the basis of the
available facts or evidence it would be impossible to draw and  file  an
authorized  accusatory  instrument  that  is sufficient on its face, the
court must dismiss the accusatory instrument. A superior court may issue
a summons in any case in  which,  pursuant  to  section  210.10,  it  is
authorized to issue a warrant of arrest based upon an indictment.
  S  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
is amended by adding a new paragraph (e) to read as follows:
  (E) IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  EIGHTEEN,  SUCH
PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  S 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
as  added  by  chapter  411  of  the laws of 1979, is amended to read as
follows:
  6. Upon arresting a juvenile offender without a  warrant,  the  police
officer  shall  immediately  notify  the  parent or other person legally

A. 7642--A                         48

responsible for his OR HER care or the person with whom  he  OR  SHE  is
domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-
NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
TIONING; AND
  (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as  otherwise  provided  in  subdivision  three OR THREE-A, must without
unnecessary delay bring him or cause him to be brought  before  a  local
criminal  court,  as  provided  in section 100.55 and subdivision one of
section 140.20, and must without unnecessary delay file or cause  to  be
filed  therewith  an  appropriate accusatory instrument.  If the offense
which is the subject of the arrest is one of those specified in subdivi-
sion one of section 160.10, the arrested person  must  be  fingerprinted
and  photographed as therein provided.  In order to execute the required
post-arrest functions, such arresting peace  officer  may  perform  such
functions  himself  or he may enlist the aid of a police officer for the
performance thereof in the manner provided in subdivision one of section
140.20.
  S 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A.  IF  THE  ARREST  IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT.  IF
THE  YOUTH  PART  IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVISION  OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  S  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
follows:
  5.    Upon  arresting a juvenile offender without a warrant, the peace
officer shall immediately notify the  parent  or  other  person  legally
responsible for his care or the person with whom he OR SHE is domiciled,
that  the  juvenile  offender has been arrested, and the location of the

A. 7642--A                         49

facility where he OR SHE is being detained.  IF THE  OFFICER  DETERMINES
THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
EIGHTEEN YEARS OF AGE WHO FITS  WITHIN  THE  DEFINITION  OF  A  JUVENILE
OFFENDER  AS  DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR,  UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF  THE  JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE  QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
follows:
  5.    If  a  police  officer  takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his OR HER care or the person  with  whom
he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
and the location of the facility where he OR SHE is being detained.   IF
THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
  (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
  (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
  (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
  (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
  IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
  S  66-a.  Section  150.40  of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:

A. 7642--A                         50

  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER,  ANY  UNIFORM
TRAFFIC  TICKET  ISSUED  TO  A  PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE
PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
OR ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE  RETURNABLE
TO  THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS BUREAU
HAVING JURISDICTION.
  S 67. The criminal procedure law is amended by adding  a  new  section
160.56 to read as follows:
S 160.56 SEALING OF CERTAIN CONVICTIONS.
  1.  DEFINITIONS:  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE  LAWS  OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY  OF  THE  PENAL  LAW,  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE
HUNDRED  TWENTY-FIVE  OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED
IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE  DEFINED  IN
THE PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
A  SEX  OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW.  FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME  CRIMI-
NAL  TRANSACTION  AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THIS
CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
  2. A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO  ELIGIBLE  OFFENSES
BUT  NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH HE
OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION
OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME  CLAS-
SIFICATION,  THE  PETITION  SHALL  BE  FILED  IN  THE COURT IN WHICH THE
DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE  COURT  MAY
ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROS-
ECUTION  AND  CONVICTION  FOR THE DEFENDANT'S PRIOR ELIGIBLE OFFENSES BE
CONDITIONALLY SEALED WHEN:
  (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
CRIMES SEALED UNDER SECTION 160.58  OF  THIS  CHAPTER,  OTHER  THAN  THE
ELIGIBLE OFFENSES;
  (B)  FOR  A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE: THE ENTRY
OF THE JUDGMENT OR, IF THE DEFENDANT  WAS  SENTENCED  TO  A  CONDITIONAL
DISCHARGE  OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION
IMPOSED IN CONJUNCTION WITH  A  SENTENCE  OF  PROBATION  OR  CONDITIONAL
DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
TIONAL  DISCHARGE,  OR  IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,
THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
  (C) FOR AN ELIGIBLE FELONY, AT LEAST THREE YEARS  HAVE  PASSED  SINCE:
THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
TIONAL  DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCAR-
CERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION  OR  CONDI-
TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
CONDITIONAL  DISCHARGE,  OR IF THE DEFENDANT WAS SENTENCED TO INCARCERA-
TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
EST; AND
  (D) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING
ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE

A. 7642--A                         51

FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
TION THAT OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION  IS  HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION  FOR  THIS  PURPOSE.  THE PARTIES SHALL BE PERMITTED TO EXAMINE
THESE RECORDS;
  (E) THE DEFENDANT OR COURT HAS IDENTIFIED THE  MISDEMEANOR  CONVICTION
OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
  (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE  ELIGIBLE  CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH DOCUMENTA-
TION IS REASONABLY AVAILABLE,  A  SWORN  AFFIDAVIT  THAT  THE  SENTENCES
IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
  (G)  THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT  TO
WHICH  SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR SUCH
OFFENSES, THAT THE COURT IS  CONSIDERING  SEALING  THE  RECORDS  OF  THE
DEFENDANT'S  ELIGIBLE  CONVICTIONS.  BOTH  THE DISTRICT ATTORNEY AND THE
COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY,  WHICH  SHALL  BE  UP  TO
THIRTY  DAYS,  IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID THE COURT
IN MAKING SUCH A DETERMINATION.  WHEN  THE  COURT  NOTIFIES  A  DISTRICT
ATTORNEY  OF  A SEALING APPLICATION, THE DISTRICT ATTORNEY SHALL PROVIDE
NOTICE TO THE VICTIM, IF ANY, OF  THE  SEALING  APPLICATION  BY  MAILING
WRITTEN  NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF THIS
SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL  OR  FINAN-
CIAL  INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME OR
CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
ANT'S PETITION; AND
  (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
  3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT  OF  THE
SEALING  APPLICATION,  THE  COURT  MAY CONDUCT A HEARING TO CONSIDER AND
REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID  THE
COURT  IN  ITS  DECISION  WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
ARRESTS, PROSECUTIONS AND CONVICTIONS. IN MAKING SUCH  A  DETERMINATION,
THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:
  (A)  THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
  (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER HAS TAKEN SINCE THE TIME OF THE  OFFENSE  TOWARD  PERSONAL  REHABILI-
TATION,  INCLUDING  TREATMENT,  WORK,  SCHOOL, OR OTHER PERSONAL HISTORY
THAT DEMONSTRATES REHABILITATION;
  (C) THE DEFENDANT'S CRIMINAL HISTORY;
  (D) THE IMPACT OF SEALING THE DEFENDANT'S  RECORDS  UPON  HIS  OR  HER
REHABILITATION  AND  HIS  OR  HER  SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
  (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
  4. WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL  OFFICIAL
RECORDS   AND   PAPERS   RELATING  TO  THE  ARRESTS,  PROSECUTIONS,  AND
CONVICTIONS, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON  FILE  WITH
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED
AND NOT MADE AVAILABLE TO  ANY  PERSON  OR  PUBLIC  OR  PRIVATE  AGENCY;
PROVIDED,  HOWEVER,  THE  DIVISION  SHALL RETAIN ANY FINGERPRINTS, PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.

A. 7642--A                         52

  5. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION,  THE  CLERK
OF  SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR AN OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED,  REGARDING  THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
  6. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B)  QUALIFIED  AGENCIES,  AS  DEFINED  IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND  FEDERAL  AND  STATE
LAW  ENFORCEMENT  AGENCIES,  WHEN  ACTING  WITHIN THE SCOPE OF THEIR LAW
ENFORCEMENT DUTIES;
  (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
ISSUANCE  OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
TION FOR SUCH A LICENSE;
  (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR  EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO; OR
  (E)  THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING  TO  QUERIES  TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO  PURCHASE  OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
USC 921 (A) (3).
  10. IF, WITHIN TEN YEARS FOLLOWING THE ENTRY OF THE  JUDGMENT  OR,  IF
THE  DEFENDANT  WAS  SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF
PROBATION, INCLUDING A PERIOD OF INCARCERATION  IMPOSED  IN  CONJUNCTION
WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF
THE  DEFENDANT'S  TERM  OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE
DEFENDANT WAS SENTENCED TO INCARCERATION, THE DEFENDANT'S  RELEASE  FROM
INCARCERATION,  THE  PERSON  WHO  IS  THE SUBJECT OF SUCH RECORDS SEALED
PURSUANT TO THIS SECTION IS ARRESTED FOR OR FORMALLY  CHARGED  WITH  ANY
MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
LY  AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW MISDEMEANOR
OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR  OF  THE  ACCUSED  AS
DEFINED  IN  SUBDIVISION  THREE  OF SECTION 160.50 OF THIS ARTICLE OR BY
CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55  OF
THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
ANT TO THIS SECTION.
  11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION AS PART OF  A  PLEA  OF
GUILTY,  SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGI-
BLE OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID  AND  WHOLLY  UNEN-
FORCEABLE.
  S  68. Section 180.75 of the criminal procedure law, as added by chap-
ter 481 of the laws of 1978, paragraph (b) of subdivision 3  as  amended
by  chapter 920 of the laws of 1982, subdivision 4 as amended by chapter
264 of the laws of 2003, and subdivisions 5 and 6 as  added  by  chapter
411 of the laws of 1979, is amended to read as follows:
S 180.75 Proceedings upon felony complaint; juvenile offender.
  1.  When  THE  YOUTH  PART OF A SUPERIOR COURT IS NOT IN SESSION AND a
juvenile offender is arraigned before [a local criminal court] THE  MOST
ACCESSIBLE  MAGISTRATE  DESIGNATED  BY  THE  APPELLATE  DIVISION  OF THE

A. 7642--A                         53

SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH  PART,  the
provisions  of  this  section  shall  apply in lieu of the provisions of
sections 180.30, 180.50 and 180.70 of this article.
  2.  [If] WHETHER OR NOT the defendant waives a hearing upon the felony
complaint, the court must [order that the  defendant  be  held  for  the
action  of the grand jury of the appropriate superior court with respect
to the charge or charges contained in the felony complaint] TRANSFER THE
ACTION TO THE YOUTH PART OF THE SUPERIOR COURT.  In such case the  court
must  promptly  transmit  to  such  YOUTH PART OF THE superior court the
order, the felony complaint, the supporting depositions  and  all  other
pertinent  documents.   Until such papers are received by the YOUTH PART
OF THE superior court, the action is deemed to be still pending  in  the
[local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
  3.  If  there be a hearing, then at the conclusion of the hearing, the
court must dispose of the felony complaint as follows:
  (a) If there is reasonable cause to believe that the defendant commit-
ted a crime for which a person under the age of  [sixteen]  EIGHTEEN  is
criminally  responsible, the court must order that the defendant be held
for the action of a grand jury of the appropriate superior court; or
  (b) If there is not reasonable cause to  believe  that  the  defendant
committed  a  crime  for which a person under the age of [sixteen] EIGH-
TEEN, is criminally responsible but there is reasonable cause to believe
that the defendant is a "juvenile delinquent" as defined in  subdivision
one of section 301.2 of the family court act, the court must specify the
act  or  acts it found reasonable cause to believe the defendant did and
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter; or
  (c) If there is not reasonable cause to  believe  that  the  defendant
committed  any criminal act, the court must dismiss the felony complaint
and discharge the defendant from custody if he is in custody, or  if  he
is at liberty on bail, it must exonerate the bail.
  4.  Notwithstanding  the  provisions  of subdivisions two and three of
this section, [a local criminal] THE court shall, at the request of  the
district  attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to  the  provisions  of  article  seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria  specified  in subdivision two of section 210.43 of this chapter, it
is determined that to do so  would  be  in  the  interests  of  justice.
Where,  however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25  of  the  penal
law,  rape  in the first degree as defined in subdivision one of section
130.35 of the penal law, criminal sexual act  in  the  first  degree  as
defined  in  subdivision  one  of section 130.50 of the penal law, or an
armed felony as defined in paragraph (a)  of  subdivision  forty-one  of
section  1.20  of  this  chapter,  a  determination  that such action be
removed to the family court shall, in addition, be based upon a  finding
of  one  or  more of the following factors: (i) mitigating circumstances
that bear directly upon the manner in which the crime was committed;  or
(ii)  where the defendant was not the sole participant in the crime, the
defendant's participation was relatively minor although not so minor  as
to  constitute a defense to the prosecution; or (iii) possible deficien-
cies in proof of the crime.
  5. Notwithstanding the provisions of subdivision two, three, or  four,
if a currently undetermined felony complaint against a juvenile offender
is pending [in a local criminal court], and the defendant has not waived

A. 7642--A                         54

a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
sion  three  has not commenced, the defendant may move in the YOUTH PART
OF THE superior court which would exercise the trial jurisdiction of the
offense  or  offenses  charged were an indictment therefor to result, to
remove the action to family court. The procedural rules of  subdivisions
one and two of section 210.45 of this chapter are applicable to a motion
pursuant  to  this  subdivision.  Upon such motion, the [superior] court
[shall be authorized to sit as a local criminal court  to  exercise  the
preliminary jurisdiction specified in subdivisions two and three of this
section,  and]  shall  proceed  and  determine the motion as provided in
section 210.43 of this chapter; provided, however,  that  the  exception
provisions  of  paragraph  (b) of subdivision one of such section 210.43
shall not apply when there is not reasonable cause to believe  that  the
juvenile  offender committed one or more of the crimes enumerated there-
in, and in such event the provisions  of  paragraph  (a)  thereof  shall
apply.
  6.  (a)  If the court orders removal of the action to family court, it
shall state on the record the factor or factors upon which its  determi-
nation  is  based,  and  the court shall give its reasons for removal in
detail and not in conclusory terms.
  (b) the district attorney shall state upon the record the reasons  for
his  consent  to  removal  of  the action to the family court where such
consent is required. The reasons shall be stated in detail  and  not  in
conclusory terms.
  (c)  For the purpose of making a determination pursuant to subdivision
four or five, the court may make such inquiry as it deems necessary. Any
evidence which is not legally  privileged  may  be  introduced.  If  the
defendant  testifies, his testimony may not be introduced against him in
any future proceeding, except to impeach his testimony  at  such  future
proceeding as inconsistent prior testimony.
  (d)  Where  a motion for removal by the defendant pursuant to subdivi-
sion five has been denied, no further motion pursuant to this section or
section 210.43 of this chapter may be made by the juvenile offender with
respect to the same offense or offenses.
  (e) Except as provided by paragraph (f), this  section  shall  not  be
construed to limit the powers of the grand jury.
  (f)  Where  a motion by the defendant pursuant to subdivision five has
been granted, there shall be no further proceedings against the juvenile
offender in any local or superior criminal  court  INCLUDING  THE  YOUTH
PART  OF  THE  SUPERIOR COURT for the offense or offenses which were the
subject of the removal order.
  S 68-a. The opening paragraph of section 180.80 of the criminal proce-
dure law, as amended by chapter 556 of the laws of 1982, is  amended  to
read as follows:
  Upon  application  of  a defendant against whom a felony complaint has
been filed with a local criminal court OR THE YOUTH PART OF  A  SUPERIOR
COURT,  and who, since the time of his arrest or subsequent thereto, has
been held in custody pending disposition of such felony  complaint,  and
who  has  been  confined  in  such custody for a period of more than one
hundred twenty hours or, in the event that a Saturday, Sunday  or  legal
holiday  occurs during such custody, one hundred forty-four hours, with-
out either a disposition of the felony complaint or  commencement  of  a
hearing  thereon, the [local criminal] court must release him on his own
recognizance unless:
  S 69. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of

A. 7642--A                         55

2007, subdivision (b) as added by chapter 481 of the laws of  1978,  are
amended to read as follows:
  (a)  Except  as  provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of  age
for any conduct or crime other than conduct constituting a crime defined
in  subdivisions  one  and  two  of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
[or],  fifteen,  SIXTEEN  OR  SEVENTEEN  years of age for any conduct or
crime other than conduct constituting a crime  defined  in  subdivisions
one  and  two  of  section  125.25  (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the murder charge is one for which such person is  criminally  responsi-
ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree);  subdivisions  one  and  two  of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first  degree);  subdivisions
one  and  two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section  160.10  (robbery  in  the
second  degree)  of the penal law; subdivision four of section 265.02 of
the penal law, where such firearm is possessed  on  school  grounds,  as
that  phrase is defined in subdivision fourteen of section 220.00 of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase  is  defined
in  subdivision  fourteen of section 220.00 of the penal law; or defined
in the penal law as an attempt to commit murder in the second degree  or
kidnapping  in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
AND  (III)  A  PERSON  SIXTEEN  OR  SEVENTEEN YEARS OF AGE IS CRIMINALLY
RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN  SECTION  460.22
(AGGRAVATED  ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45
(CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
FIRST  DEGREE);  490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL  WEAPON
OR  BIOLOGICAL  WEAPON  IN  THE  FIRST DEGREE); 130.95 (PREDATORY SEXUAL
ASSAULT); 130.96 (PREDATORY SEXUAL  ASSAULT  AGAINST  A  CHILD);  120.11
(AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF  SEXUAL
CONDUCT  AGAINST  A  CHILD  IN THE FIRST DEGREE); 215.17 (INTIMIDATING A
VICTIM OR WITNESS); 255.27 (INCEST IN THE FIRST DEGREE); 265.04  (CRIMI-
NAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF
A  FIREARM  IN  THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN
THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION  OF  TERRORISM  IN  THE
FIRST  DEGREE);  490.40  (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR
BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEM-
ICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13  (STRANGU-
LATION  IN  THE  FIRST  DEGREE);  130.67 (AGGRAVATED SEXUAL ABUSE IN THE
SECOND DEGREE); 490.37 (CRIMINAL POSSESSION  OF  A  CHEMICAL  WEAPON  OR
BIOLOGICAL  WEAPON  IN  THE  THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS
A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91
OF THIS CHAPTER.

A. 7642--A                         56

  (b) A grand jury may vote to file a request to remove a charge to  the
family  court  if it finds that a person [thirteen, fourteen or fifteen]
SEVENTEEN years of age OR YOUNGER did an act which, if done by a  person
over  the  age  of [sixteen] EIGHTEEN, would constitute a crime provided
(1)  such act is one for which it may not indict; (2) it does not indict
such person for a crime; and (3)  the  evidence  before  it  is  legally
sufficient  to establish that such person did such act and competent and
admissible evidence before it provides reasonable cause to believe  that
such person did such act.
  S  70.  Subdivision 6 of section 200.20 of the criminal procedure law,
as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
follows:
  6.  Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen]  EIGHTEEN  at  the  time  of  the
commission of the crime and who did not lack criminal responsibility for
such crime by reason of infancy, the indictment may, in addition, charge
in  separate  counts  one  or  more other offenses for which such person
would not have been criminally responsible by reason of infancy, if:
  (a) the offense for which the defendant is criminally responsible  and
the  one  or more other offenses for which he OR SHE would not have been
criminally responsible by reason of infancy are based upon the same  act
or upon the same criminal transaction, as that term is defined in subdi-
vision two of section 40.10 of this chapter; or
  (b)  the  offenses  are  of such nature that either proof of the first
offense would be material and admissible as evidence  in  chief  upon  a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S  71.  Subdivision 1 of section 210.43 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  1. After a motion by a juvenile offender, pursuant to subdivision five
of section 180.75 of this chapter, or after arraignment  of  a  juvenile
offender  upon an indictment, the YOUTH PART OF A superior court may, on
motion of any party or on its own motion:
  (a) except as otherwise provided by paragraph  (b)  OF  THIS  SECTION,
order  removal  of  the  action  to  the  family  court  pursuant to the
provisions of article seven hundred twenty-five  of  this  chapter,  if,
after  consideration of the factors set forth in subdivision two of this
section, the court determines that to do so would be in the interests of
justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF  ROBBERY  IN
THE  SECOND  DEGREE  AS  DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF
THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM  IN  OPPO-
SITION  SUBMITTED  BY  THE  DISTRICT  ATTORNEY THAT BEAR DIRECTLY ON THE
MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
  (b) [with the consent] AFTER CONSIDERATION OF  THE  RECOMMENDATION  of
the  district  attorney, order removal of an action involving an indict-
ment charging a juvenile offender with murder in the  second  degree  as
defined in section 125.25 of the penal law; rape in the first degree, as
defined  in subdivision one of section 130.35 of the penal law; criminal
sexual act in the first degree, as defined in subdivision one of section
130.50 of the penal law; or an armed felony as defined in paragraph  (a)
of  subdivision  forty-one of section 1.20, to the family court pursuant
to the provisions of article seven hundred twenty-five of  this  chapter

A. 7642--A                         57

if  the court finds one or more of the following factors: (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed;  (ii) where the defendant was not the sole participant in the
crime,  the  defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii)  possi-
ble  deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two  of  this  section,  the  court
determined  that  removal  of the action to the family court would be in
the interests of justice.
  S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
undesignated paragraph as amended by chapter 920 of the laws of 1982 and
the closing paragraph as amended by chapter 411 of the laws of 1979,  is
amended to read as follows:
  (g)  Where  the  defendant  is  a juvenile offender, the provisions of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
any plea entered pursuant to subdivision three or four of this  section,
must be as follows:
  (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
SIXTEEN, OR SEVENTEEN years old with the crime of murder in  the  second
degree  any plea of guilty entered pursuant to subdivision three or four
must be a plea of guilty of a crime for which the defendant is criminal-
ly responsible;
  (ii) If the indictment does not charge a crime specified  in  subpara-
graph (i) of this paragraph, then any plea of guilty entered pursuant to
subdivision  three or four of this section must be a plea of guilty of a
crime for which the defendant is criminally responsible unless a plea of
guilty is accepted pursuant to subparagraph (iii) of this paragraph;
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-
tion  the  district  attorney [shall] MAY submit a subscribed memorandum
setting forth: (1) a recommendation that the interests of justice  would
best  be served by removal of the action to the family court; and (2) if
the indictment charges a thirteen year old with the crime of  murder  in
the  second  degree,  or  a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
year old with the crimes of rape in  the  first  degree  as  defined  in
subdivision  one  of section 130.35 of the penal law, or criminal sexual
act in the first degree as defined in subdivision one of section  130.50
of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
subdivision forty-one of section 1.20 of this chapter specific  factors,
one  or  more  of which reasonably supports the recommendation, showing,
(i) mitigating circumstances that bear directly upon the manner in which
the crime was committed, or (ii) where the defendant was  not  the  sole
participant  in  the crime, that the defendant's participation was rela-
tively minor although not so minor as to constitute  a  defense  to  the
prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
(iv) where the juvenile offender has no previous adjudications of having
committed a designated felony act, as defined in  subdivision  eight  of
section  301.2  of  the  family  court act, regardless of the age of the
offender at the time of commission of the act, that the criminal act was
not part of a pattern of criminal behavior and, in view of  the  history
of the offender, is not likely to be repeated.
  If  the court is of the opinion based on specific factors set forth in
[the district attorney's memorandum] THIS SUBPARAGRAPH that  the  inter-

A. 7642--A                         58

ests  of  justice  would  best be served by removal of the action to the
family court, a plea of guilty of a crime or act for which the defendant
is not criminally responsible may be  entered  pursuant  to  subdivision
three  or  four of this section, except that a thirteen year old charged
with the crime of murder in the second degree may only plead to a desig-
nated felony act, as defined in subdivision eight of  section  301.2  of
the family court act.
  Upon  accepting  any such plea, the court must specify upon the record
the portion or portions of the district attorney's statement  the  court
is  relying  upon  as  the basis of its opinion and that it believes the
interests of justice would best be served by removal of  the  proceeding
to  the  family  court.  Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court  upon  entry  thereof  must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.
  S  72-a.  Section  330.25  of  the criminal procedure law, as added by
chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:
S 330.25 Removal after verdict.
  1. Where a defendant  is  a  juvenile  offender  who  does  not  stand
convicted  of  murder  in  the  second  degree, upon motion and with the
consent of the district attorney, the action may be removed to the fami-
ly court in the interests of justice pursuant to article  seven  hundred
twenty-five of this chapter notwithstanding the verdict.
  2.  If the district attorney consents to the motion for removal pursu-
ant to this section, [he shall file a  subscribed  memorandum  with  the
court setting forth (1) a recommendation that] THE COURT, IN DETERMINING
THE  MOTION, SHALL CONSIDER:  (1) WHETHER the interests of justice would
best be served by removal of the action to the family court; and (2)  if
the  conviction  is of an offense set forth in paragraph (b) of subdivi-
sion one of section 210.43 of this  chapter,  WHETHER  specific  factors
EXIST, one or more of which reasonably [support] SUPPORTS the [recommen-
dation] MOTION, showing, (i) mitigating circumstances that bear directly
upon  the  manner  in  which  the crime was committed, or (ii) where the
defendant was not the sole participant in the crime,  that  the  defend-
ant's  participation  was  relatively  minor although not so minor as to
constitute a defense to prosecution, or (iii) where the juvenile  offen-
der has no previous adjudications of having committed a designated felo-
ny  act,  as defined in subdivision eight of section 301.2 of the family
court act, regardless of the age of the offender at the time of  commis-
sion  of  the  act,  that  the criminal act was not part of a pattern of
criminal behavior and, in view of the history of the  offender,  is  not
likely to be repeated.
  3.  If  the  court  is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN  TO  THE  COURT,
that  the  interests  of  justice would best be served by removal of the
action to the family court, the verdict shall be set aside and a plea of
guilty of a crime or act for  which  the  defendant  is  not  criminally
responsible  may  be  entered  pursuant  to subdivision three or four of
section 220.10 of this chapter. Upon accepting any such plea, the  court
must  specify  upon  the record the [portion or portions of the district
attorney's statement] FACTORS the court is relying upon as the basis  of
its  opinion and that it believes the interests of justice would best be
served by removal of the proceeding to the  family  court.    Such  plea
shall then be deemed to be a juvenile delinquency fact determination and
the  court  upon entry thereof must direct that the action be removed to

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the family court in accordance with  the  provisions  of  article  seven
hundred twenty-five of this chapter.
  S 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
as  amended  by  chapter  652 of the laws of 2008, is amended to read as
follows:
  2. Warrant. (A) Where the  probation  officer  has  requested  that  a
probation  warrant  be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the  warrant  or  take  any
other lawful action including issuance of a notice to appear pursuant to
subdivision  one  of this section. If at any time during the period of a
sentence of probation or of conditional discharge the court has  reason-
able  grounds  to believe that the defendant has violated a condition of
the sentence, the court may issue a warrant to a police officer or to an
appropriate peace officer directing him or her  to  take  the  defendant
into  custody  and bring the defendant before the court without unneces-
sary delay; provided, however, if the court  in  which  the  warrant  is
returnable is a superior court, and such court is not available, and the
warrant  is addressed to a police officer or appropriate probation offi-
cer certified as a peace officer,  such  executing  officer  may  UNLESS
OTHERWISE  SPECIFIED  UNDER  PARAGRAPH  (B)  OF  THIS SECTION, bring the
defendant to the local correctional facility of the county in which such
court sits, to be detained there until not later than  the  commencement
of the next session of such court occurring on the next business day; or
if  the  court  in  which  the warrant is returnable is a local criminal
court, and such court is not available, and the warrant is addressed  to
a  police  officer or appropriate probation officer certified as a peace
officer, such executing officer must without unnecessary delay bring the
defendant before an alternate  local  criminal  court,  as  provided  in
subdivision five of section 120.90 of this chapter. A court which issues
such  a  warrant  may  attach  thereto  a  summary  of the basis for the
warrant. In any case where a defendant  arrested  upon  the  warrant  is
brought  before a local criminal court other than the court in which the
warrant is returnable, such local criminal  court  shall  consider  such
summary before issuing a securing order with respect to the defendant.
  (B)  IF  THE  COURT  IN  WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
COURT, AND SUCH COURT AND ITS YOUTH  PART  IS  NOT  AVAILABLE,  AND  THE
WARRANT  IS ADDRESSED TO A POLICE OFFICER OR APPROPRIATE PROBATION OFFI-
CER CERTIFIED AS A PEACE OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE  A
DEFENDANT  IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN
OFFENSE OR A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL  DISCHARGE
IMPOSED  FOR  AN  OFFENSE,  BRING  THE DEFENDANT TO A JUVENILE DETENTION
FACILITY, TO BE DETAINED THERE UNTIL BROUGHT WITHOUT  UNNECESSARY  DELAY
BEFORE  THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVI-
SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
PART.
  S 73. Section 410.60 of the criminal  procedure  law,  as  amended  by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
  (A)  A  person  who  has  been  taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a  sentence  of  conditional  discharge  must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has  not  been  taken  into  custody  nor  has a warrant been issued, an
initial court appearance shall occur within ten  business  days  of  the
court's  issuance  of  a  notice  to appear. If the court has reasonable

A. 7642--A                         60

cause to believe that such  person  has  violated  a  condition  of  the
sentence,  it may commit him OR HER to the custody of the sheriff or fix
bail or release such person on his OR HER own  recognizance  for  future
appearance  at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have  reasonable  cause  to  believe
that  such  person  has  violated  a  condition of the sentence, it must
direct that he OR SHE be released.
  (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO  CUSTODY  PURSUANT  TO
SECTION  410.40  OR  SECTION  410.50  OF THIS ARTICLE FOR VIOLATION OF A
CONDITION OF A SENTENCE  OF  PROBATION  OR  A  SENTENCE  OF  CONDITIONAL
DISCHARGE  MUST  FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
SENTENCE.  WHERE A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN
FILED  AND  THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS  OF  AGE  TO
THE  CUSTODY  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF  THIS
ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVENILE TO
BE  DETAINED  FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A
CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT  THE
JUVENILE  POSES  A  SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE USE  OF  GRADUATED
SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED.
  S  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. (A) At the conclusion of
the hearing the court may revoke, continue or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
pursuant  to  section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence.  Provided further, where  the  alleged
violation is sustained and the court continues or modifies the sentence,
the  court  may  also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of  the  penal  law.  Provided,
however,  a  defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any
declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING  HEREIN
SHALL  AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN  ADULT  UNLESS
THE  COURT  DETERMINES  (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT

A. 7642--A                         61

THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE  FINDING  ON  THE
RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS.
  S  75.  The  criminal procedure law is amended by adding a new section
410.90-a to read as follows:
S 410.90-A SUPERIOR COURT; YOUTH PART.
  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL  PROCEEDINGS
RELATING  TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE
SUPERIOR COURT HAVING JURISDICTION AND ANY  INTRASTATE  TRANSFERS  UNDER
THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
  S  76.  Section  510.15  of  the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15 Commitment of principal under [sixteen] EIGHTEEN.
  1.  When  a  principal  who is under the age of [sixteen] EIGHTEEN, 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 state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
nile  detention  facility  for  the reception of children.  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 juve-
nile  detention  facility  continue to be deemed to be in the custody of
the sheriff.  No principal under the age [of sixteen] SPECIFIED to  whom
the  provisions of this section may apply shall be detained in any pris-
on, 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 [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  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  previ-
ously  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.
  S 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
as  amended  by  chapter  411 of the laws of 1979, is amended to read as
follows:
  1. "Youth" means a person charged with a crime alleged  to  have  been
committed  when  he  was at least sixteen years old and less than [nine-
teen] TWENTY-ONE years old or a person charged  with  being  a  juvenile
offender  as  defined  in  subdivision forty-two of section 1.20 of this
chapter.
  S 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
as  amended  by  chapter  774 of the laws of 1985, is amended to read as
follows:
  3. The provisions of subdivisions one and two of this section  requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed,  and  the  arraignment  and  all proceedings in the action to be
conducted in private shall not apply in connection with a pending charge
of committing any [felony] SEX offense as defined in the penal law. [The

A. 7642--A                         62

provisions of subdivision one requiring the accusatory instrument  filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
  S  79.  Subdivision 1 of section 720.20 of the criminal procedure law,
as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
follows:
  1.  Upon  conviction of an eligible youth, the court must order a pre-
sentence investigation of the defendant.  After  receipt  of  a  written
report  of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible  youth  is  a  youthful
offender.  Such  determination shall be in accordance with the following
criteria:
  (a) If in the opinion of the court the interest of  justice  would  be
served  by  relieving  the  eligible  youth  from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment of more
than four years, the court may, in its  discretion,  find  the  eligible
youth is a youthful offender; [and]
  (b)  Where  the  conviction  is  had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a  youthful  offender,  the
court must find he is a youthful offender[.]; AND
  (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
AN ELIGIBLE YOUTH, UNLESS THE DISTRICT ATTORNEY  UPON  MOTION  WITH  NOT
LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
STRATES  TO  THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE
REQUIRE OTHERWISE.
  S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
follows:
  1.  [A  youthful]  YOUTHFUL offender adjudication is not a judgment of
conviction for a crime or any other offense, and does not operate  as  a
disqualification  of  any  person  so  adjudged to hold public office or
public employment or to receive any license granted by public  authority
but  shall  be  deemed a conviction only for the purposes of transfer of
supervision and custody pursuant to section [two  hundred  fifty-nine-m]
TWO  HUNDRED  FIFTY-NINE-MM of the executive law. A defendant for whom a
youthful offender  adjudication  was  substituted,  who  was  originally
charged  with prostitution as defined in section 230.00 of the penal law
or loitering for the purposes of prostitution as defined in  subdivision
two of section 240.37 of the penal law provided that the person does not
stand  charged  with  loitering for the purpose of patronizing a prosti-
tute, for an offense allegedly committed when he or she was  sixteen  or
seventeen  years of age, shall be deemed a "sexually exploited child" as
defined in subdivision one of section four hundred forty-seven-a of  the
social  services  law and therefore shall not be considered an adult for
purposes related to the charges in the youthful offender proceeding or a
proceeding under section 170.80 of this chapter.
  S 80. The criminal procedure law is amended by adding  a  new  article
722 to read as follows:
                               ARTICLE 722
     PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                       PART AND RELATED PROCEDURES
SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
        722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
        722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
S 722.00 PROBATION CASE PLANNING AND SERVICES.

A. 7642--A                         63

  1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH  PART  WITHIN  ITS
JURISDICTION.  THE  COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN
SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF  ASSESS-
MENT.  SUCH  JUVENILE  SHALL  HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT
THROUGHOUT THE ASSESSMENT PROCESS. BASED UPON THE  ASSESSMENT  FINDINGS,
THE  PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIAL-
IZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO
ADDRESS INDIVIDUAL NEEDS.
  2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE
AND NECESSARY CONSENT  FORMS,  WHERE  APPLICABLE,  TO  ENSURE  THAT  THE
PROBATION  DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE PROVIDER AND
RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR  DELIV-
ERED  INCLUDING,  BUT  NOT  LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
TEST RESULTS, JUVENILE ATTENDANCE  AND  INFORMATION  REGARDING  JUVENILE
COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
  3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE  SHALL  HAVE  THE  RIGHT  TO
CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
THE  JUVENILE'S  SUCCESSFUL  COMPLETION  OF THE CONDITIONS OF HIS OR HER
CASE PLAN, THE COURT, WITH THE CONSENT  OF  THE  DISTRICT  ATTORNEY  MAY
DISMISS  THE  INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION
210.40 OF THIS CHAPTER.
  4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
  5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNI-
CATE  TO  THE  DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE  PROBATION  DEPARTMENT
MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
  6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
  1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO  ESTAB-
LISH,  IN  A  SUPERIOR  COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART  OF
THE  SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES
PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
SECTION 180.75 OF THIS CHAPTER.
  2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
ING  JUSTICE  OF  THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE  MAGISTRATES,
FOR  THE  PURPOSE  OF  ACTING  AS  A  YOUTH  PART  FOR  CERTAIN  INITIAL

A. 7642--A                         64

PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO  DESIG-
NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
COUNTY  OF  THE  STATE,  THAT  EXERCISE  CRIMINAL  JURISDICTION. A JUDGE
PRESIDING  AS  SUCH  A  MAGISTRATE SHALL RECEIVE TRAINING IN SPECIALIZED
AREAS, INCLUDING, BUT  NOT  LIMITED  TO,  JUVENILE  JUSTICE,  ADOLESCENT
DEVELOPMENT  AND  EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS-
SION BY ADOLESCENTS.
S 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
  1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
FERRED TO A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS  CHAPTER,  THE
PROVISIONS OF THIS ARTICLE SHALL APPLY.
  2.  IF  AN  ACTION  IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO THE
APPLICABLE PROVISIONS OF THIS CHAPTER, THE YOUTH  PART  SHALL  HEAR  THE
CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS
A  JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH
PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY  RELIEF  AVAIL-
ABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT.
  S  81.  The opening paragraph of section 725.05 of the criminal proce-
dure law, as added by chapter 481 of the laws of  1978,  is  amended  to
read as follows:
  When  a  [court]  YOUTH PART directs that an action or charge is to be
removed to the family court the [court] YOUTH PART must issue  an  order
of  removal  in  accordance  with  this section.   Such order must be as
follows:
  S 82. Section 725.20 of the criminal procedure law, as added by  chap-
ter  481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter
411 of the laws of 1979, is amended to read as follows:
S 725.20 Record of certain actions removed.
  1.  The provisions of this section shall apply in any  case  where  an
order  of removal to the family court is entered pursuant to a direction
authorized by subdivision four of section 180.75, or section 210.43,  or
subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section
220.10 of this chapter, or section 330.25 of this chapter.
  2.  When such an action is removed the court that directed the removal
must  cause  the following additional records to be filed with the clerk
of the county court or in the city of New York with  the  clerk  of  the
supreme  court of the county wherein the action was pending and with the
division of criminal justice services:
  (a) A certified copy of the order of removal;
  (b) Where the direction is  one  authorized  by  subdivision  four  of
section  180.75  of  this  chapter, a copy of [the] ANY statement of the
district attorney made pursuant to paragraph (b) of subdivision  six  of
section 180.75 of this chapter;
  (c)    Where  the direction is authorized by section 180.75, a copy of
the portion of the minutes containing the statement by the court  pursu-
ant to paragraph (a) of subdivision six of such section 180.75;
  (d)  Where  the  direction  is one authorized by subparagraph (iii) of
paragraph [(h)] (G) of subdivision five of  section  220.10  or  section
330.25  of  this  chapter,  a copy of the minutes of the plea of guilty,
including the minutes of the memorandum submitted by the district attor-
ney and the court;
  (e)   Where the direction is one  authorized  by  subdivision  one  of
section  210.43  of  this chapter, a copy of that portion of the minutes
containing [the] ANY statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43 OF THIS CHAPTER;

A. 7642--A                         65

  (f)  Where the direction is one authorized by paragraph (b) of  subdi-
vision  one of section 210.43 of this chapter, a copy of that portion of
the minutes containing [the] ANY statement of the district attorney made
pursuant to paragraph (b) of subdivision five of section 210.43 OF  THIS
CHAPTER; and
  (g)  In  addition  to  the records specified in this subdivision, such
further statement or submission of additional information pertaining  to
the  proceeding  in  criminal  court in accordance with standards estab-
lished by the commissioner of the division of criminal justice services,
subject to the provisions of subdivision three of this section.
  3.  It shall be the duty of said clerk to maintain a separate file for
copies of orders and minutes filed pursuant to  this  section.      Upon
receipt  of  such orders and minutes the clerk must promptly delete such
portions as would identify the defendant, but the clerk shall  neverthe-
less  maintain  a  separate confidential system to enable correlation of
the documents so filed with identification  of  the  defendant.    After
making  such deletions the orders and minutes shall be placed within the
file and must be available for public inspection.   Information  permit-
ting  correlation  of any such record with the identity of any defendant
shall not be divulged to any person except upon order of  a  justice  of
the  supreme  court based upon a finding that the public interest or the
interests of justice warrant disclosure in  a  particular  cause  for  a
particular case or for a particular purpose or use.
  S  83. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY  JAIL  SHALL
BE  USED  FOR  THE  CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN.
PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL  PURSU-
ANT  TO  THIS  SUBDIVISION SHALL BE DETERMINED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES.
  S 84. Subdivision  4  of  section  500-b  of  the  correction  law  is
REPEALED.
  S  85.  Subparagraph  3  of  paragraph (c) of subdivision 8 of section
500-b of the correction law is REPEALED.
  S 86. Subdivision 13  of  section  500-b  of  the  correction  law  is
REPEALED.
  S  87.  Subparagraph 1 of paragraph d of subdivision 3 of section 3214
of the education law, as amended by chapter 425 of the laws of 2002,  is
amended to read as follows:
  (1)  Consistent  with  the  federal  gun-free  schools act, any public
school pupil who is determined under this subdivision to have brought  a
firearm  to or possessed a firearm at a public school shall be suspended
for a period of not less than one calendar year and any nonpublic school
pupil participating in a program operated by a  public  school  district
using  funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined  under  this  subdivision  to  have
brought  a firearm to or possessed a firearm at a public school or other
premises used by the school district to provide such programs  shall  be
suspended  for  a period of not less than one calendar year from partic-
ipation in such program. The procedures of this subdivision shall  apply
to  such  a  suspension of a nonpublic school pupil. A superintendent of
schools, district superintendent of schools or community  superintendent
shall  have the authority to modify this suspension requirement for each
student on a case-by-case basis. The determination of  a  superintendent
shall  be  subject to review by the board of education pursuant to para-
graph c of this subdivision and the  commissioner  pursuant  to  section

A. 7642--A                         66

three  hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student  with  a  disability  in
violation  of the individuals with disabilities education act or article
eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
under the age of [sixteen] EIGHTEEN who  has  been  determined  to  have
brought  a  weapon or firearm to school in violation of this subdivision
to a presentment agency for a juvenile delinquency proceeding consistent
with article three of the family court act except a student [fourteen or
fifteen years of age] who qualifies for juvenile offender  status  under
subdivision  forty-two  of section 1.20 of the criminal procedure law. A
superintendent shall refer any pupil [sixteen] EIGHTEEN years of age  or
older  or a student [fourteen or fifteen years of age] who qualifies for
juvenile offender status under subdivision forty-two of section 1.20  of
the  criminal  procedure  law, who has been determined to have brought a
weapon or firearm to school in violation  of  this  subdivision  to  the
appropriate law enforcement officials.
  S  88.  Paragraph  b of subdivision 4 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended  to  read
as follows:
  b.  The  school  authorities  may institute proceedings before a court
having jurisdiction to determine the liability of a person  in  parental
relation  to  contribute  towards the maintenance of a school delinquent
under [sixteen] SEVENTEEN years of age ordered to attend  upon  instruc-
tion  under  confinement. If the court shall find the person in parental
relation able to contribute towards the maintenance of such a minor,  it
may issue an order fixing the amount to be paid weekly.
  S  89.  Subdivisions  3  and 4 of section 246 of the executive law, as
amended by section 10 of part D of chapter 56 of the laws of  2010,  are
amended to read as follows:
  3.  Applications  from  counties or the city of New York for state aid
under this section shall be made by filing with the division of criminal
justice services, a detailed plan,  including  cost  estimates  covering
probation  services for the fiscal year or portion thereof for which aid
is requested. Included in such estimates shall  be  clerical  costs  and
maintenance and operation costs as well as salaries of probation person-
nel,  FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information
as the commissioner of the division of  criminal  justice  services  may
require. Items for which state aid is requested under this section shall
be  duly  designated in the estimates submitted. The commissioner of the
division of criminal justice services, after consultation with the state
probation commission and the director of the  office  of  probation  and
correctional  alternatives,  shall  approve  such plan if it conforms to
standards relating to the administration of probation services as speci-
fied in the rules adopted by him or her.
  4. A. An approved plan and compliance with standards relating  to  the
administration  of probation services promulgated by the commissioner of
the division of criminal justice services shall  be  a  prerequisite  to
eligibility for state aid.
  The commissioner of the division of criminal justice services may take
into  consideration  granting additional state aid from an appropriation
made for state aid for county probation services  for  counties  or  the
city of New York when a county or the city of New York demonstrates that
additional  probation  services  were dedicated to intensive supervision
programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE

A. 7642--A                         67

RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE  THREE  OF  THE  FAMILY  COURT  ACT  OR  ARTICLE  SEVEN  HUNDRED
TWENTY-TWO  OF  THE  CRIMINAL  PROCEDURE LAW. The administration of such
additional grants shall be  made  according  to  rules  and  regulations
promulgated  by  the  commissioner  of  the division of criminal justice
services. Each county and the city of New York shall certify  the  total
amount  collected  pursuant to section two hundred fifty-seven-c of this
chapter. The commissioner of the division of criminal  justice  services
shall  thereupon certify to the comptroller for payment by the state out
of funds appropriated for that purpose, the amount to which  the  county
or  the  city  of  New  York  shall  be entitled under this section. THE
COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR  SUCH
PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN  ACCORDANCE  WITH  ARTICLE  SEVEN  HUNDRED TWENTY-TWO OF THE CRIMINAL
PROCEDURE LAW.
  B. ADDITIONAL STATE AID SHALL BE MADE IN AN AMOUNT  NECESSARY  TO  PAY
ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
AGED  SIXTEEN  YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHER-
WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF  THE  LAWS
OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
  S  90.  The  executive law is amended by adding a new section 259-p to
read as follows:
  S 259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER  PROVISION
OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION.
  2. A DEFENDANT SHALL BE DETAINED AT  A  LOCAL  CORRECTIONAL  FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
A  CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE DETAINED
IN A JUVENILE DETENTION FACILITY.
  S 91. Subdivision 16 of section 296 of the executive law, as separate-
ly amended by section 3 of part N and section 14 of part AAA of  chapter
56 of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law  or by a conviction which is sealed pursuant to section 160.56
OR 160.58 of the criminal procedure law, in connection with the  licens-
ing,  employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual

A. 7642--A                         68

not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section  160.50  of  the  criminal
procedure  law,  or  by  a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.56 OR 160.58 of the criminal procedure law.  The  provisions
of  this  subdivision  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms  and
other  deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
procedure  law; provided further that the provisions of this subdivision
shall not apply to an application for employment or  membership  in  any
law enforcement agency with respect to any arrest or criminal accusation
which  was  followed  by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.56 OR 160.58 of the criminal procedure law.
  S 92. Section 502 of the executive law, as added by chapter 465 of the
laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
Q of chapter 58 of the laws of 2011, is amended to read as follows:
  S 502. Definitions. Unless otherwise specified in this article:
  1. "Director" means the [director of the division for  youth]  COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  2.  ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  3. "Detention" means the temporary care and maintenance of youth  held
away  from  their homes pursuant to article three or seven of the family
court act, or held pending a hearing for alleged violation of the condi-
tions 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, 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 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 who have not  attained  their  [eighteenth]
TWENTY-FIRST  birthday  shall  be  subject  to  detention in a detention
facility.
  4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than [seven] TEN
years of age and not more than [twenty] TWENTY-THREE years of age.
  5. "Placement" means the transfer of a youth to  the  custody  of  the
[division] OFFICE pursuant to the family court act.
  6.  "Commitment"  means  the transfer of a youth to the custody of the
[division] OFFICE 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] OFFICE.
  8. "Discharge" means the termination of [division] OFFICE custody of a
youth.

A. 7642--A                         69

  9. "Aftercare" means supervision of a  youth  on  conditional  release
status under the continued custody of the division.
  S 93. Subdivision 7 of section 503 of the executive law, as amended by
section  2  of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript  of  such  record  to  the
office,  social services district, or other agency taking custody of the
youth pursuant to article three [or seven]  of  the  family  court  act,
before,  or  at  the  same time as the youth is delivered to the office,
district or other agency, as is appropriate.
  S 94.  Section 507-a of the executive law, as amended by  chapter  465
of  the laws of 1992, paragraph (a) of subdivision 1 as amended by chap-
ter 309 of the laws of 1996, is amended to read as follows:
  S 507-a. Placement and commitment; procedures. 1. Youth may be  placed
in  or committed to the custody of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES:
  (a) for placement, as a juvenile delinquent  pursuant  to  the  family
court act; or
  (b) for commitment pursuant to the penal law.
  2.  (a)  Consistent with other provisions of law, only those youth who
have reached the age of [seven] TEN, but who have not reached the age of
twenty-one may be placed in[, committed to  or  remain  in]  the  [divi-
sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION  FIVE  OF  SECTION  FIVE  HUNDRED EIGHT OF THIS ARTICLE BUT IN NO
EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO  HAVE  COMMITTED  A
DESIGNATED  CLASS  A  FELONY  ACT  WHO  IS RESTRICTIVELY PLACED WITH THE
OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY  COURT  ACT
FOR  COMMITTING  AN  ACT  ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY
REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  UP
TO  THE  AGE  OF  TWENTY-THREE  IN  ACCORDANCE WITH HIS OR HER PLACEMENT
ORDER.
  (A-2) Whenever it shall appear to the satisfaction of  the  [division]
OFFICE  OF  CHILDREN AND FAMILY SERVICES that any youth placed therewith
is not of proper age to be so placed or is not properly  placed,  or  is
mentally  or  physically  incapable of being materially benefited by the
program of the [division] OFFICE, the [division] OFFICE shall cause  the
return of such youth to the county from which placement was made.
  (b)  The  [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records  provided  to  the  [division]
OFFICE  pursuant  to section five hundred seven-b of this article, there
to be dealt with by the court in all respects as though no placement had
been made.
  (c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the  social
services  district  from  which  such  youth  was  placed  in the manner
provided by section five hundred twenty-nine of this article.

A. 7642--A                         70

  3. The [division] OFFICE may photograph  any  youth  in  its  custody.
Such  photograph  may  be  used only for the purpose of assisting in the
return of conditionally  released  children  and  runaways  pursuant  to
section  five  hundred  ten-b  of this article. Such photograph shall be
destroyed  immediately  upon  the discharge of the youth from [division]
OFFICE custody.
  4. (a) A youth placed with or committed to the [division] OFFICE  may,
immediately  following placement or commitment, be remanded to an appro-
priate detention facility.
  (b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
division] UNDER ITS CARE to a facility of the [division]  OFFICE  within
fifteen  days  of the date of the order of placement with the [division]
OFFICE and shall admit a juvenile offender committed to  the  [division]
OFFICE  to  a  facility  of the [division] OFFICE within ten days of the
date of the order of commitment to  the  [division]  OFFICE,  except  as
provided in section five hundred seven-b of this article.
  5.  Consistent  with other provisions of law, in the discretion of the
[director, youth] COMMISSIONER OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH  THE  OFFICE  AS  A
RESULT  OF  A  DISPOSITIONAL  ORDER  OF THE FAMILY COURT may reside in a
non-secure facility until the age  of  twenty-one,  provided  that  such
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
  S 95. Section 508 of the executive law, as added by chapter 481 of the
laws  of  1978  and  as  renumbered  by chapter 465 of the laws of 1992,
subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
2 as amended by chapter 572 of the laws of 1985, subdivisions  4,  5,  6
and  7  as amended by section 97 of subpart B of part C of chapter 62 of
the laws of 2011, subdivision 8 as added by chapter 560 of the  laws  of
1984  and  subdivision  9  as added by chapter 7 of the laws of 2007, is
amended to read as follows:
  S 508. Juvenile offender facilities. 1. The  office  of  children  and
family  services  shall  maintain  [secure]  facilities for the care and
confinement of  juvenile  offenders  committed  [for  an  indeterminate,
determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
ing provisions of the penal law. Such facilities shall provide appropri-
ate services to juvenile offenders including but not limited to residen-
tial  care,  educational  and  vocational  training, physical and mental
health services, and employment counseling.
  1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO SERVE THE ADDITIONAL YOUTH  PLACED  WITH  THE  OFFICE  AS  A
RESULT  OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT
PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED  NEAR
THE  YOUTHS'  HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
MING, SERVICES AND TREATMENT IN SMALL, CLOSELY  SUPERVISED  GROUPS  THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
  2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities  [until
the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
be  released, discharged or permitted home visits except pursuant to the
provisions of this section.
  [(a) The director of the division for youth may authorize the transfer
of a juvenile offender  in  his  custody,  who  has  been  convicted  of

A. 7642--A                         71

burglary  or  robbery,  to  a  school or center established and operated
pursuant to title three of this article at any time after  the  juvenile
offender  has  been confined in a division for youth secure facility for
one year or one-half of his minimum sentence, whichever is greater.
  (b)  The director of the division for youth may authorize the transfer
of a juvenile offender  in  his  custody,  who  has  been  convicted  of
burglary  or robbery, and who is within ninety days of release as estab-
lished by the board of parole, to any facility established and  operated
pursuant to this article.
  (c)  A  juvenile offender may be transferred as provided in paragraphs
(a) and (b) herein, only after the director determines that there is  no
danger  to public safety and that the offender shall substantially bene-
fit from the programs and services  of  another  division  facility.  In
determining  whether  there  is  a  danger to public safety the director
shall consider: (i) the nature and circumstances of the offense  includ-
ing  whether  any physical injury involved was inflicted by the offender
or another participant; (ii) the record and background of the  offender;
and (iii) the adjustment of the offender at division facilities.
  (d)  For  a  period  of  six months after a juvenile offender has been
transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
der may have only accompanied home visits. After completing  six  months
of  confinement  following  transfer  from a secure facility, a juvenile
offender may not have an unaccompanied home visit unless two accompanied
home visits have already occurred. An  "accompanied  home  visit"  shall
mean  a  home visit during which the juvenile offender shall be accompa-
nied at all times while outside the facility by appropriate personnel of
the division for youth designated pursuant to regulations of the  direc-
tor of the division.
  (e)  The director of the division for youth shall promulgate rules and
regulations including uniform standards  and  procedures  governing  the
transfer  of  juvenile offenders from secure facilities to other facili-
ties and the return of such offenders to secure  facilities.  The  rules
and  regulations  shall provide a procedure for the referral of proposed
transfer cases by the secure facility  director,  and  shall  require  a
determination  by  the  facility  director  that  transfer of a juvenile
offender to another facility is in the best interests  of  the  division
for  youth  and  the  juvenile  offender  and that there is no danger to
public safety.
  The rules and regulations shall further provide for the  establishment
of a division central office transfer committee to review transfer cases
referred by the secure facility directors. The committee shall recommend
approval of a transfer request to the director of the division only upon
a  clear showing by the secure facility director that the transfer is in
the best interests of the division for youth and the  juvenile  offender
and  that there is no danger to public safety. In the case of the denial
of the transfer request by the transfer committee, the juvenile offender
shall remain at a secure facility.  Notwithstanding  the  recommendation
for  approval of transfer by the transfer committee, the director of the
division may deny the request for transfer  if  there  is  a  danger  to
public  safety  or  if  the transfer is not in the best interests of the
division for youth or the juvenile offender.
  The rules and regulations shall further provide a  procedure  for  the
immediate  return to a secure facility, without a hearing, of a juvenile
offender transferred to another facility upon a  determination  by  that
facility director that there is a danger to public safety.]

A. 7642--A                         72

  3.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
in writing to the sentencing court and district attorney, not less  than
once  every  six months during the period of confinement, on the status,
adjustment, programs and progress of the offender.
  4.  [The  office  of  children  and  family  services may apply to the
sentencing court for permission  to  transfer  a  youth  not  less  than
sixteen  nor  more  than  eighteen  years  of  age  to the department of
corrections and community supervision. Such application  shall  be  made
upon  notice  to  the  youth, who shall be entitled to be heard upon the
application and to be represented by counsel. The court shall grant  the
application  if  it is satisfied that there is no substantial likelihood
that the youth will benefit from the  programs  offered  by  the  office
facilities.
  5.]  The office of children and family services may transfer an offen-
der not less than eighteen [nor more than twenty-one] years  of  age  to
the  department  of corrections and community supervision if the commis-
sioner of the office certifies to the commissioner  of  corrections  and
community  supervision  that there is no substantial likelihood that the
youth will benefit from the programs offered by office facilities.
  [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred  AT  AGE  TWENTY-THREE  to  the custody of the department of
corrections and community supervision for confinement  pursuant  to  the
correction law.
  [7.]  (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT  ON  THEIR
SENTENCES  OF  IMPRISONMENT  SHALL  BE TRANSFERRED TO THE CUSTODY OF THE
DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR  CONFINEMENT
PURSUANT  TO  THE  CORRECTION  LAW AFTER COMPLETING TWO YEARS OF CARE IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE  BASIS  THAT
THE  YOUTH  SHOULD  BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO  COMPLETE  THEIR
SENTENCE.  IN  MAKING  SUCH  A DETERMINATION, THE FACTORS THE OFFICE MAY
CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE  AGE  OF  THE  YOUTH,  THE
AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH THE OFFICE AND THROUGH THE DEPARTMENT. NOTHING IN THIS PARAGRAPH
SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY.
  (C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO  BE  RELEASED  FROM  AN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
TO  BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND WHO ARE ABLE TO COMPLETE THE  FULL-TERM  OF  THEIR  COMMUNITY
SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
REMAIN WITH THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR  COMMUNITY
SUPERVISION.
  (D)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
FULL-TERM OF THEIR COMMUNITY SUPERVISION BEFORE THEY  TURN  TWENTY-THREE
YEARS  OF  AGE  SHALL  BE  UNDER  THE  SUPERVISION  OF THE DEPARTMENT OF

A. 7642--A                         73

CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION  OF  THE  MAXIMUM
TERM.
  6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except  that his OR HER parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his OR HER transfer to state hospitals in the office of  mental
health  shall  be governed by section five hundred nine of this chapter.
The commissioner of the office of children and  family  services  shall,
however,  establish  and operate temporary release programs at office of
children and family services facilities for eligible juvenile  offenders
and  [contract  with  the department of corrections and community super-
vision for the provision of parole] PROVIDE supervision  [services]  for
temporary releasees.  The rules and regulations for these programs shall
not  be  inconsistent  with the laws for temporary release applicable to
inmates of state correctional facilities. For the purposes of  temporary
release  programs  for  juvenile  offenders  only,  when  referred to or
defined in article twenty-six of the correction law, "institution" shall
mean any facility designated by the commissioner of the office of  chil-
dren and family services, "department" shall mean the office of children
and family services, "inmate" shall mean a juvenile offender residing in
an  office  of children and family services facility, and "commissioner"
shall mean the [director] COMMISSIONER of the  office  of  children  and
family  services.  Time  spent in office of children and family services
facilities and  in  juvenile  detention  facilities  shall  be  credited
towards  the  sentence imposed in the same manner and to the same extent
applicable to inmates of state correctional facilities.
  [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of  the  division  for  youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy  of  the
sentence  received  by such officer from the clerk of the court by which
such person shall have been sentenced, a  copy  of  the  report  of  the
probation  officer's  investigation  and  report, any other pre-sentence
memoranda filed with the court,  a  copy  of  the  person's  fingerprint
records,  a  detailed  summary of available medical records, psychiatric
records and  reports  relating  to  assaults,  or  other  violent  acts,
attempts  at  suicide  or escape by the person while in the custody of a
local detention facility.
  [9] 8.  Notwithstanding any provision of law, including  section  five
hundred  one-c  of  this  article,  the  office  of  children and family
services shall make records pertaining to a person convicted  of  a  sex
offense  as  defined  in  subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental  health
or  the  commissioner of [mental retardation and] THE OFFICE FOR PERSONS
WITH developmental disabilities, as appropriate; a  case  review  panel;
and  the  attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
  S 96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the  executive
law,  subdivisions  1,  4  and  5 as added by chapter 906 of the laws of
1973, paragraph (c) of subdivision 1 as amended  and  paragraph  (d)  of
subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a

A. 7642--A                         74

as  added  by  chapter  258  of the laws of 1974, are amended to read as
follows:
  1. Definitions. As used in this section:
  (a) "authorized agency", "certified boarding home", "local charge" and
"state  charge"  shall  have  the  meaning ascribed to such terms by the
social services law;
  (b) "aftercare supervision" shall  mean  supervision  of  released  or
discharged youth, not in foster care; and,
  (c)  "foster care" shall mean residential care, maintenance and super-
vision provided TO released or discharged youth, or youth  otherwise  in
the custody of the [division for youth, in a division foster family home
certified by the division.
  (d)  "division foster family home" means a service program provided in
a home setting available to youth under the jurisdiction of the division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  2. [Expenditures] EXCEPT AS  PROVIDED  IN  SUBDIVISION  FIVE  OF  THIS
SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
persons  in  need of supervision, placed or referred, pursuant to titles
two or three of this article, and juvenile offenders committed  pursuant
to section 70.05 of the penal law, in the [division's] OFFICE'S programs
and  facilities,  shall  be subject to reimbursement to the state by the
social services district from which the  youth  was  placed  or  by  the
social  services  district in which the juvenile offender resided at the
time of commitment, in accordance with this section and the  regulations
of  the  [division,]  OFFICE  as  follows:  fifty  percent of the amount
expended for care, maintenance and supervision of local charges  includ-
ing juvenile offenders.
  [4.  Expenditures  made  by  the  division for youth] 3. THE COSTS for
foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
shall  be  [subject to reimbursement to the state by] THE RESPONSIBILITY
OF the social services district from which the  youth  was  placed,  AND
SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
regulations  of  the  division,  as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges] SECTION
ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
  [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN  SUBDIVISION  FIVE  OF
THIS  SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES for aftercare supervision shall be  subject
to reimbursement to the state by the social services district from which
the  youth  was placed, in accordance with regulations of the [division]
OFFICE, as follows: fifty percent of the amount expended  for  aftercare
supervision of local charges.
  (b)  Expenditures  made  by  social  services  districts for aftercare
supervision of adjudicated juvenile delinquents and persons in  need  of
supervision  [provided  (prior  to  the  expiration  of  the  initial or
extended period of placement or commitment) by the  aftercare  staff  of
the facility from which the youth has been released or discharged, other
than  those  under  the jurisdiction of the division for youth, in which
said youth was placed or committed, pursuant to directions of the family
court,] shall be subject to reimbursement by the state[,  upon  approval
by the division and in accordance with its regulations, as follows:
  (1) the full amount expended by the district for aftercare supervision
of state charges;

A. 7642--A                         75

  (2) fifty percent of the amount expended by the district for aftercare
supervision  of  local  charges]  IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
  (c)  Expenditures  made by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES for  contracted  programs  and  contracted  services
pursuant  to subdivision seven of section five hundred one of this arti-
cle, except with respect to  urban  homes  and  group  homes,  shall  be
subject  to  reimbursement  to the state by the social services district
from which the youth was placed, in accordance with this section and the
regulations of the [division] OFFICE as follows: fifty  percent  of  the
amount  expended  for the operation and maintenance of such programs and
services.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
REIMBURSEMENT  SHALL  BE  REQUIRED  FROM  A SOCIAL SERVICES DISTRICT FOR
EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  ON  OR
AFTER  DECEMBER  FIRST,  TWO THOUSAND FIFTEEN FOR THE CARE, MAINTENANCE,
SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS  OF  AGE
OR  OLDER  THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT THE PROVISIONS
OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE  AGE
OF  JUVENILE  JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT AUTHORIZED
THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY  SERVICES  FACILITIES  OF
CERTAIN  OTHER  YOUTH  WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH
BIRTHDAYS.
  5-a. The social services district responsible for reimbursement to the
state shall remain the same if during a period of placement or extension
thereof, a child commits a criminal act while in [a division] AN  OFFICE
OF  CHILDREN  AND FAMILY SERVICES facility, during an authorized absence
therefrom or after absconding therefrom and is returned  to  the  [divi-
sion] OFFICE following adjudication or conviction for the act by a court
with jurisdiction outside the boundaries of the social services district
which was responsible for reimbursement to the state prior to such adju-
dication or conviction.
  S  97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
vision 3 of section 529-b of the executive law, as added by section 3 of
subpart B of part Q of chapter 58 of the laws of 2011,  are  amended  to
read as follows:
  1.  (a) Notwithstanding any provision of law to the contrary, eligible
expenditures by an eligible municipality for services to divert youth at
risk of, alleged to  be,  or  adjudicated  as  juvenile  delinquents  or
persons  alleged  or  adjudicated to be in need of supervision, or youth
alleged to be or convicted  as  juvenile  offenders  from  placement  in
detention or in residential care shall be subject to state reimbursement
under  the  supervision and treatment services for juveniles program for
up to sixty-two percent of the municipality's expenditures,  subject  to
available  appropriations and exclusive of any federal funds made avail-
able for such purposes, not to exceed  the  municipality's  distribution
under the supervision and treatment services for juveniles program.
  (b)  The  state  funds  appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible  munici-
palities  by  the office of children and family services based on a plan
developed by  the  office  which  may  consider  historical  information
regarding  the  number  of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
number of juvenile delinquents placed with the  office,  the  number  of

A. 7642--A                         76

juvenile  delinquents and persons in need of supervision placed in resi-
dential care with the municipality, the municipality's reduction in  the
use of detention and residential placements, and other factors as deter-
mined  by the office. Such plan developed by the office shall be subject
to the approval of the director of the budget. The office is authorized,
in its discretion, to make advance distributions to  a  municipality  in
anticipation of state reimbursement.
  (iii)  a  description  of  how  the services and programs proposed for
funding will reduce the number of youth from the  municipality  who  are
detained  and  residentially  OR OTHERWISE placed; how such services and
programs are family-focused; and whether such services and programs  are
capable of being replicated across multiple sites;
  S  98.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
amended by section 5 of subpart B of part Q of chapter 58 of the laws of
2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
subdivision  7 as amended by section 6 of subpart B of part Q of chapter
58 of the laws of 2011, are amended and a new subdivision 8 is added  to
read as follows:
  2.  [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
nance and supervision to youth in detention facilities designated pursu-
ant  to  sections seven hundred twenty and 305.2 of the family court act
and certified by [the division for youth] OFFICE OF CHILDREN AND  FAMILY
SERVICES, shall be subject to reimbursement by the state, as follows:
  (a)  Notwithstanding  any  provision  of law to the contrary, eligible
expenditures by a municipality during a particular program year for  the
care,  maintenance  and supervision in foster care programs certified by
the office of children and family services, certified or approved family
boarding homes, and non-secure detention  facilities  certified  by  the
office  for  those youth alleged to be persons in need of supervision or
adjudicated persons in need of supervision held pending  transfer  to  a
facility  upon placement; and in secure and non-secure detention facili-
ties certified by the office in accordance  with  section  five  hundred
three  of  this  article  for  those youth alleged to be juvenile delin-
quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
facility upon placement, and juvenile delinquents held at the request of
the  office  of children and family services pending extension of place-
ment hearings or release revocation hearings or while awaiting  disposi-
tion  of such hearings; and youth alleged to be or convicted as juvenile
offenders AND, YOUTH ALLEGED TO BE PERSONS IN  NEED  OF  SUPERVISION  OR
ADJUDICATED  PERSONS  IN  NEED OF SUPERVISION HELD PENDING TRANSFER TO A
FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE  OFFICE
OF  CHILDREN  AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING
HOMES, shall be subject to state reimbursement for up to  fifty  percent
of  the municipality's expenditures, exclusive of any federal funds made
available for such purposes, not to exceed the  municipality's  distrib-
ution  from  funds that have been appropriated specifically therefor for
that program year. Municipalities shall implement the use  of  detention
risk  assessment  instruments in a manner prescribed by the office so as
to inform detention decisions.  Notwithstanding any other  provision  of
state  law to the contrary, data necessary for completion of a detention

A. 7642--A                         77

risk  assessment  instrument  may  be  shared  among  law   enforcement,
probation,  courts,  detention  administrators, detention providers, and
the attorney for the child upon retention or appointment; solely for the
purpose of accurate completion of such risk assessment instrument, and a
copy of the completed detention risk assessment instrument shall be made
available  to  the  applicable  detention provider, the attorney for the
child and the court.
  (b) The state funds appropriated for juvenile detention services shall
be distributed to eligible municipalities by the office of children  and
family  services  based  on  a  plan  developed  by the office which may
consider historical information regarding the number of  youth  remanded
to  detention, the municipality's reduction in the use of detention, the
municipality's youth population, and other factors as determined by  the
office.  Such  plan  developed  by  the  office  shall be subject to the
approval of the director of the budget. The office is authorized, in its
discretion, to make advance distributions to a  municipality  in  antic-
ipation of state reimbursement.
  (c)  A municipality may also use the funds distributed to it for juve-
nile detention services under this section for a particular program year
for sixty-two percent of  a  municipality's  eligible  expenditures  for
supervision and treatment services for juveniles programs approved under
section  five hundred twenty-nine-b of this title for services that were
not reimbursed from a municipality's  distribution  under  such  program
provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
persons alleged or adjudicated to be in need of supervision, or  alleged
to be or convicted as juvenile offenders in community-based non-residen-
tial  settings. Any claims submitted by a municipality for reimbursement
for detention services or supervision and treatment services  for  juve-
niles  provided  during  a particular program year for which the munici-
pality does not receive  state  reimbursement  from  the  municipality's
distribution  of  detention services funds for that program year may not
be claimed against the municipality's distribution  of  funds  available
under  this section for the next applicable program year. The office may
require that such claims be submitted to the  office  electronically  at
such times and in the manner and format required by the office.
  [(d)(i)]  2-A.  (A) Notwithstanding any provision of law or regulation
to the contrary, any information or data necessary for the  development,
validation  or  revalidation of the detention risk assessment instrument
shall be  shared  among  local  probation  departments,  the  office  of
probation  and  correctional  alternatives  and, where authorized by the
division of criminal justice services, the entity  under  contract  with
the division to provide information technology services related to youth
assessment  and  screening,  the office of children and family services,
and any entity under contract with the office  of  children  and  family
services  to provide services relating to the development, validation or
revalidation of the  detention  risk  assessment  instrument.  Any  such
information  and  data shall not be commingled with any criminal history
database. Any information and data used  and  shared  pursuant  to  this
section  shall  only be used and shared for the purposes of this section
and in accordance with this section. Such information  shall  be  shared
and  received  in  a  manner  that  protects the confidentiality of such
information. The sharing,  use,  disclosure  and  redisclosure  of  such
information  to  any  person,  office,  or other entity not specifically
authorized to receive it pursuant to this section or any  other  law  is
prohibited.

A. 7642--A                         78

  [(ii)]  (B)  The  office of children and family services shall consult
with individuals with professional research experience and expertise  in
criminal  justice;  social work; juvenile justice; and applied mathemat-
ics, psychometrics and/or statistics to assist the office in determining
the  method  it  will  use  to:  develop,  validate  and revalidate such
detention risk assessment instrument; and analyze the  effectiveness  of
the  use  of  such detention risk assessment instrument in accomplishing
its intended goals; and analyze, to the  greatest  extent  possible  any
disparate impact on detention outcomes for juveniles based on race, sex,
national   origin,   economic  status  and  any  other  constitutionally
protected class, regarding the use of such instrument. The office  shall
consult  with  such  individuals  regarding whether it is appropriate to
attempt to analyze whether there is any such disparate impact  based  on
sexual  orientation  and, if so, the best methods to conduct such analy-
sis. The office shall take into consideration any recommendations  given
by  such  individuals  involving improvements that could be made to such
instrument and process.
  [(iii)]  (C)  Data  collected  for  the  purposes  of  completing  the
detention risk assessment instrument from any source other than an offi-
cially  documented  record  shall  be  confirmed as soon as practicable.
Should any data originally utilized in completing  the  risk  assessment
instrument  be  found to conflict with the officially documented record,
the risk assessment instrument shall be completed  with  the  officially
documented  data  and  any  corresponding revision to the risk categori-
zation shall be made.  The  office  shall  periodically  revalidate  any
approved risk assessment instrument. The office shall conspicuously post
any  approved  detention  risk  assessment instrument on its website and
shall confer with appropriate stakeholders, including  but  not  limited
to,  attorneys  for  children,  presentment agencies, probation, and the
family court, prior to revising any validated  risk  assessment  instru-
ment.  Any  such  revised risk assessment instrument shall be subject to
periodic empirical validation.
  4. (a) The municipality must notify the office of children and  family
services  of  state  aid received under other state aid formulas by each
detention facility for which the municipality is  seeking  reimbursement
pursuant  to  this section, including but not limited to, aid for educa-
tion, probation and mental health services.
  (b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:   (I)  In
computing  reimbursement  to  the municipality pursuant to this section,
the office shall insure that the aggregate of state aid under all  state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance   and   supervision  provided  to  detainees  eligible  for  state
reimbursement under subdivision two of this section, exclusive of feder-
al aid for such purposes not to exceed the amount of the  municipality's
distribution under the juvenile detention services program.
  [(c)]  (II)  Reimbursement  for administrative related expenditures as
defined by the office of children and family services,  for  secure  and
nonsecure  detention  services shall not exceed seventeen percent of the
total approved expenditures for facilities of twenty-five beds  or  more
and  shall  not exceed twenty-one percent of the total approved expendi-
tures for facilities with less than twenty-five beds.
  5. (a) Except as provided in paragraph (b) of this subdivision,  care,
maintenance  and  supervision for the purpose of this section shall mean
and include only:
  (1) temporary care, maintenance and supervision  provided  TO  alleged
juvenile  delinquents  and  persons  in need of supervision in detention

A. 7642--A                         79

facilities certified pursuant to sections seven hundred twenty and 305.2
of the family court act by the office of children and  family  services,
pending  adjudication  of  alleged delinquency or alleged need of super-
vision by the family court, or pending transfer to institutions to which
committed  or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is  under  [sixteen]
EIGHTEEN YEARS OF AGE; or[,]
  (1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED
JUVENILE  DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN-
CY BY THE FAMILY COURT, OR PENDING TRANSFER  TO  INSTITUTIONS  TO  WHICH
COMMITTED  OR PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH
COURT AFTER ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIM-
INAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE;
OR
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  in  approved  detention  facilities  at  the request of the
office of children and family services pending release revocation  hear-
ings or while awaiting disposition after such hearings; or
  (3)  temporary care, maintenance and supervision in approved detention
facilities for youth held pursuant to the family court act or the inter-
state compact on juveniles, pending return to their place  of  residence
or domicile[.]; OR
  (4)   temporary  care,  maintenance  and  supervision  provided  youth
detained in foster care  facilities  or  certified  or  approved  family
boarding homes pursuant to article seven of the family court act.
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of  children  and  family
services  [and  certified  pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate  accom-
modations  will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant  to
paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
for care, maintenance and  supervision  under  the  provisions  of  this
section,  provided  the  office  shall have given its prior approval for
reserving such accommodations.
  6. The [director of the division for youth]  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and  certification
to  the  chairmen  of  the  senate  finance  and assembly ways and means
committees, necessary to carry out the provisions of this section.
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, at
such times and in such form and manner and containing  such  information
as  required  by  the  office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are  detained  during  each  calendar  year  including,
commencing  January  first,  two thousand twelve, the risk level of each
detained youth as assessed by a  detention  risk  assessment  instrument
approved  by the office of children and family services.  The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for the court's determination in accordance with section 320.5 or  seven
hundred  thirty-nine  of  the family court act, IF APPLICABLE, to detain
the youth; the offense or offenses with which the youth is charged;  and

A. 7642--A                         80

all  other  reasons  why  the  youth  remains detained. The office shall
submit a compilation of all the separate reports to the governor and the
legislature.
  8.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE  FOR  ONE  HUNDRED  PERCENT  OF  A
MUNICIPALITY'S  ELIGIBLE  EXPENDITURES  FOR  THE  CARE,  MAINTENANCE AND
SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR  OLDER  IN  NON-SECURE  AND
SECURE DETENTION FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
OCCURRED  ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN THAT INCREASED THE AGE OF JUVENILE  JURISDICTION  ABOVE  FIFTEEN
YEARS OF AGE.
  S  99.  Section  109-c  of  the  vehicle  and traffic law, as added by
section 1 of part E of chapter 60 of the laws of  2005,  is  amended  to
read as follows:
  S  109-c.    Conviction.   1. Any conviction as defined in subdivision
thirteen of section 1.20 of the criminal procedure law; provided, howev-
er, where a conviction or administrative finding in this state or anoth-
er state results in a mandatory sanction against a  commercial  driver's
license,  as set forth in sections five hundred ten, five hundred ten-a,
eleven hundred ninety-two and eleven hundred ninety-four of  this  chap-
ter, conviction shall also mean an unvacated adjudication of guilt, or a
determination  that  a  person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized  administra-
tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
to secure the person's appearance in court, a plea  of  guilty  or  nolo
contendere  accepted  by the court, the payment of a fine or court cost,
or violation of a condition  of  release  without  bail,  regardless  of
whether or not the penalty is rebated, suspended, or probated.
  2.  A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE  OF  SECTION
FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-
THREE;  ELEVEN  HUNDRED  NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
HUNDRED NINETY-EIGHT-A; ELEVEN  HUNDRED  NINETY-NINE;  EIGHTEEN  HUNDRED
EIGHT;  EIGHTEEN  HUNDRED  NINE;  EIGHTEEN  HUNDRED NINE-C; AND EIGHTEEN
HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION  SIX  OF
SECTION  SIXTY-FIVE-B  OF  THE  ALCOHOLIC  BEVERAGE CONTROL LAW ONLY AND
SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO  IMPOSE  LICENSE
AND  REGISTRATION  SANCTIONS,  IGNITION  INTERLOCK  DEVICES, ANY DRUG OR
ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER  RESPONSI-
BILITY  ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
ORDER ON APPEAL. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  AS
LIMITING  OR  PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
  S 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
amended by chapter 132 of the laws  of  1986,  is  amended  to  read  as
follows:
  1.  Who  may suspend or revoke. Any magistrate, justice or judge, in a
city, in a town, or in a village, any supreme court justice, any  county
judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
intendent  of state police and the commissioner of motor vehicles or any
person deputized by him, shall have  power  to  revoke  or  suspend  the
license  to drive a motor vehicle or motorcycle of any person, or in the
case of an owner, the registration, as provided herein.

A. 7642--A                         81

  S 100-a. Severability. If any clause,  sentence,  paragraph,  subdivi-
sion,  section  or  part  contained  in  any  part  of this act shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment  shall not affect, impair, or invalidate the remainder thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, subdivision, section  or  part  contained  in  any  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if  such  invalid  provisions
had not been included herein.
  S  101.  This  act  shall  take effect immediately; provided, however,
that:
  1. sections one through twenty-four,  twenty-six  through  fifty-nine,
sixty-one through sixty-six, sixty-eight through seventy-six, and eighty
through one hundred-a of this act shall take effect on January 1, 2018;
  2.    sections sixty-seven, seventy-seven, seventy-eight, and seventy-
nine of this act shall take effect on the sixtieth day  after  it  shall
have become a law;
  3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1 of section 409-a of the social services law, made by section fifty-two
of  this  act  shall  not affect the expiration of such subparagraph and
shall be deemed expired therewith;
  4. the amendments to subdivision 4 of  section  353.5  of  the  family
court  act  made by section twenty-four of this act shall not affect the
expiration and reversion of such subdivision pursuant to section  11  of
subpart  A  of part G of chapter 57 of the laws of 2012, as amended, and
shall expire and be deemed repealed therewith, when upon such  date  the
provisions of section twenty-five of this act shall take effect;
  5.  the amendments to section 153-k of the social services law made by
section forty-seven of this act shall not  affect  the  repeal  of  such
section and shall expire and be deemed repealed therewith;
  6.  the  amendments  to section 404 of the social services law made by
section fifty-one of this act  shall  not  affect  the  repeal  of  such
section and shall expire and be deemed repealed therewith;
  7.   the amendments to subdivision 1 of section 70.20 of the penal law
made by section fifty-eight of this act shall not affect the  expiration
of such subdivision and shall expire and be deemed repealed therewith;
  8.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
of the penal law made by section sixty-a of this act  shall  not  affect
the  expiration  of  such paragraph and shall be deemed to expire there-
with;
  9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
section 3214 of the education law made by section eighty-seven  of  this
act  shall  not  affect  the  expiration  of such paragraph and shall be
deemed to expire therewith; and
  10. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made  by  section  eighty-nine  of
this  act  shall  not  affect the expiration of such paragraph and shall
expire and be deemed repealed therewith.