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

                                  5642

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 21, 2015
                               ___________

Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON,  BRESLIN,  COMRIE,
  DILAN, ESPAILLAT, HAMILTON, KRUEGER, PARKER, PERALTA, PERKINS, RIVERA,
  SAMPSON, SANDERS, SERRANO -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Judiciary

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 for offenses committed by a defendant twenty years of  age
  or  younger;  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,
  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;

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

                                                           LBD11310-02-5

S. 5642                             2

  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 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-

S. 5642                             3

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:
  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

S. 5642                             4

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 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL  POSSESSION  OF  A
CHEMICAL  OR  BIOLOGICAL  WEAPON  IN THE FIRST DEGREE); 490.55 (CRIMINAL
POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND DEGREE);  OR
130.95 (PREDATORY SEXUAL ASSAULT) 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:

S. 5642                             5

  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.
  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. 5642                             6

  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.
  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:

S. 5642                             7

  (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-
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. Intentionally omitted.
  S 15. 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

S. 5642                             8

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
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.

S. 5642                             9

  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 16. 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:
  (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 17. 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  18.  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

S. 5642                            10

  (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 19. 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
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

S. 5642                            11

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 20. 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
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 21. 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

S. 5642                            12

COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
  S  21-a.  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
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

S. 5642                            13

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,
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

S. 5642                            14

facility  provided  by  the division for youth pursuant to article nine-
teen-G of the executive law].
  S  24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
vision 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:
  (iii)  after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an  approved
juvenile  justice  services close to home initiative pursuant to section
four hundred four of the social services law FOR AN ACT  COMMITTED  WHEN
THE  RESPONDENT  WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
subparagraph (ii) of this paragraph are met:
  (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
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

S. 5642                            15

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.
  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

S. 5642                            16

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.
  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. 5642                            17

  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
SUCCESS.  If the court continues the order of probation  or  conditional
discharge, it shall dismiss the petition of violation.
  S 32. Intentionally omitted.
  S 33. 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

S. 5642                            18

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 34. 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
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

S. 5642                            19

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 35. Intentionally omitted.
  S  36. 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.
  (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,

S. 5642                            20

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 37. Intentionally omitted.
  S  38.  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, and paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws  of  2011,  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
  (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

S. 5642                            21

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
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-

S. 5642                            22

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-
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, 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. 5642                            23

  S  38-a.    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  38-b.  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
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
  S 38-c. 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

S. 5642                            24

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 of part L of chapter 56 of the laws of 2015 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.
  (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-

S. 5642                            25

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
  (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)

S. 5642                            26

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
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

S. 5642                            27

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, paragraph (ii) of subdivision (d) as
amended by section 22, paragraphs (iii), (iv) and (v) of subdivision (d)
as  amended by section 23 and subdivision (d-1) as amended by section 24
of part L of chapter 56 of the laws of 2015, and  subdivisions  (c)  and
(e)  as  amended by chapter 7 of the laws of 1999, 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

S. 5642                            28

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,  the
services needed, if any, to assist the child to make the transition from
foster care to independent living;
  (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,
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

S. 5642                            29

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
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

S. 5642                            30

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
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

S. 5642                            31

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. Intentionally omitted.
  S 49. 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  50. Article 6 of the social services law is amended by adding a new
title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS
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. 5642                            32

  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
OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S 51. 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

S. 5642                            33

FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
in applicable cases].
  S  52.  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-
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

S. 5642                            34

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-
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.

S. 5642                            35

  (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  53.  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
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 54. 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.

S. 5642                            36

  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.
  3.  A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR  BIOLOG-
ICAL  WEAPON  IN  THE  FIRST DEGREE); 490.55 (CRIMINAL USE 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); 130.95
(PREDATORY SEXUAL ASSAULT) 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  55.  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 56. 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.

S. 5642                            37

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 57. 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:
  (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-a. 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.
  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

S. 5642                            38

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:
  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

S. 5642                            39

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
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. Intentionally omitted.
  S 62. 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

S. 5642                            40

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  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 490.25 (CRIME OF
TERRORISM);  490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.55 (CRIMINAL  USE  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);  130.95
(PREDATORY SEXUAL ASSAULT) OF THIS CHAPTER.
  S 63. 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
DEFINED  IN  SECTION  490.25  (CRIME  OF  TERRORISM);  490.45  (CRIMINAL
POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE FIRST
DEGREE); 490.55 (CRIMINAL USE 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);  130.95  (PREDATORY  SEXUAL
ASSAULT) OF THIS CHAPTER.

S. 5642                            41

  S  63-a.  The article heading of article 100 of the criminal procedure
law, as added by chapter 996 of the laws of 1970, 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-b.  The  first  undesignated  paragraph of section 100.05 of the
criminal procedure law, as added by chapter 996 of the laws of 1970,  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-c. The section heading and subdivision 5 of section 100.10 of the
criminal procedure law, as added by chapter 996 of the laws of 1970, 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.
  S  63-d.  The section heading of section 100.40 of the criminal proce-
dure law, as added by chapter 996 of the laws of  1970,  is  amended  to
read as follows:
S 100.40 Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accu-
             satory instruments; sufficiency on face.
  S  63-e. 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-f. The article heading of article 110 of the  criminal  procedure
law,  as added by chapter 996 of the laws of 1970, is amended to read as
follows:
                    --REQUIRING DEFENDANT'S APPEARANCE
         IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                             FOR ARRAIGNMENT

S. 5642                            42

  S 63-g. The section heading and subdivisions 1 and 2 of section 110.10
of the criminal procedure law, as added by chapter 996 of  the  laws  of
1970,  and  subdivision  1  and  subdivision  2,  are amended to read as
follows:
S  110.10  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-h.  Section  110.20  of  the criminal procedure law, as added by
chapter 996 of the laws of 1970, 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
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-i. The first undesignated 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. 5642                            43

  S  63-j.  Section  120.30  of  the criminal procedure law, as added by
chapter 996 of the laws of 1970, 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-k.  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-l. Subdivision 1 of section 120.70 of the criminal procedure law,
as  added  by  chapter  996  of  the laws of 1970, is amended to read as
follows:
  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-m. 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

S. 5642                            44

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-
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-

S. 5642                            45

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,
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

S. 5642                            46

will  compromise  an  ongoing  investigation  or  the prosecution of the
defendant.
  S 63-n. 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-o.  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-p. 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
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:

S. 5642                            47

  (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
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;

S. 5642                            48

  (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:
  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 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT-
           TED BY A DEFENDANT TWENTY YEARS OF AGE OR  YOUNGER  OR  BY  A
           DEFENDANT CONVICTED AS A JUVENILE OFFENDER.
  1.  WHEN  A  DEFENDANT  IS CONVICTED ON OR AFTER THE EFFECTIVE DATE OF
THIS SECTION, FOR ONE OR MORE  ELIGIBLE  OFFENSES,  ALL  OF  WHICH  WERE
COMMITTED  AS PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDI-

S. 5642                            49

VISION TWO OF SECTION 40.10 OF THIS CHAPTER WHICH  OFFENSE  OR  OFFENSES
WERE COMMITTED WHEN HE OR SHE WAS TWENTY YEARS OF AGE OR YOUNGER AND THE
DEFENDANT  HAD  NO  PRIOR  CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY
UPON  CONVICTION  THAT  THE  DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDI-
TIONAL SEALING AND SHALL SCHEDULE THE DEFENDANT'S CASE FOR REVIEW AT THE
EXPIRATION OF THE TIME PERIOD SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
SECTION.  SUCH  REVIEW  SHALL  NOT  REQUIRE  A MOTION OR APPEARANCE BY A
DEFENDANT. UPON THE EXPIRATION OF THE TIME PERIOD SET FORTH IN  SUBDIVI-
SION  TWO  OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY
THAT THE CASE IS UNDER REVIEW. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE
NOTICE OF OPPOSITION TO SEALING WITHIN FORTY-FIVE DAYS OF RECEIPT OF THE
NOTIFICATION AND THE COURT  DETERMINES  THAT  THE  DEFENDANT  MEETS  THE
CRITERIA FOR SEALING AS SET FORTH IN THIS SECTION, THE COURT SHALL ORDER
THAT  THE  RECORD  BE  CONDITIONALLY  SEALED.   IF THE DISTRICT ATTORNEY
OPPOSES SEALING, HE OR SHE SHALL NOTIFY THE COURT AND THE  DEFENDANT  OF
THE  REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED, SUA SPONTE, OR
THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT  THE  DEFENDANT  DOES
NOT  MEET  THE  CRITERIA FOR CONDITIONAL SEALING, THE COURT MUST PROVIDE
THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH  NOTICE  AND  AN
OPPORTUNITY TO DISPUTE SUCH FINDING.
  WHENEVER  THE COURT DETERMINES THAT ALL CRITERIA FOR SEALING HAVE BEEN
SATISFIED AND ORDERS A RECORD CONDITIONALLY SEALED,  THE  CLERK  OF  THE
COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES THAT THE CONVICTION OR CONVICTIONS SHALL BE CONDI-
TIONALLY  SEALED.  FOR  PURPOSES OF THIS SECTION, AN ELIGIBLE OFFENSE IS
ANY MISDEMEANOR OR FELONY OTHER THAN 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, OR AN OFFENSE FOR WHICH REGISTRATION AS A  SEX
OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY:
  (A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED:
  (I)  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
  (II) 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
  (B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME.
  (C) FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION,  WHERE  THE
DEFENDANT  IS  CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS
PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION  TWO  OF
SECTION  40.10 OF THIS CHAPTER, THE LONGEST APPLICABLE TIME PERIOD SHALL
APPLY.
  2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE  CHARGES
ARE PENDING FOR ANY OFFENSE.

S. 5642                            50

  2-B.  NO  RECORD  SHALL  BE  SEALED PURSUANT TO THIS SECTION WHILE THE
DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES.
UPON  THE SUCCESSFUL COMPLETION OF SUCH SUPERVISION, IF THE TIME PERIODS
SET  FORTH  IN  PARAGRAPH  (A)  OF  SUBDIVISION TWO OF THIS SECTION HAVE
ELAPSED FROM THE DATE OF DEFENDANT'S  RELEASE  FROM  INCARCERATION,  THE
COURT  MAY  ORDER  THE  RECORD  CONDITIONALLY  SEALED  PURSUANT  TO  THE
PROVISIONS OF THIS SECTION.
  3. WHEN A CONVICTION  OR  CONVICTIONS  ARE  SEALED  PURSUANT  TO  THIS
SECTION,  ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROSE-
CUTION, AND CONVICTION, 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,
PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
  4. 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; OR
  (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.
  5. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS  SECTION,
THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED
WITH  ANY  MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED
IMMEDIATELY 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  ARTI-
CLE  OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION
160.55 OF THIS ARTICLE, SUCH UNSEALED  RECORDS  SHALL  BE  CONDITIONALLY
SEALED PURSUANT TO THIS SECTION.
  6.  A  DEFENDANT  WHO  WAS CONVICTED OF ONE OR MORE ELIGIBLE OFFENSES,
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, ALL OF WHICH WERE COMMITTED
AS PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN  SUBDIVISION  TWO
OF  SECTION 40.10 OF THIS CHAPTER, MAY APPLY TO THE COURT OF CONVICTION,
ON AN APPLICATION  PROMULGATED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES,  FOR THE CONDITIONAL SEALING OF SUCH CONVICTION OR CONVICTIONS
IF:
  (A) THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY  YEARS  OF
AGE OR YOUNGER; AND
  (B)  THE  APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION HAVE ELAPSED; AND
  (C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND
  (D) NO CHARGES ARE PENDING FOR ANY CRIME.
  THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL
APPEARANCE BY THE DEFENDANT IS REQUIRED.

S. 5642                            51

  7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX
OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT  ATTORNEY.  IF  THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN  FORTY-FIVE  DAYS  OF RECEIPT OF THE APPLICATION AND THE COURT DETER-
MINES  THAT  THE  DEFENDANT  MEETS THE CRITERIA FOR SEALING SET FORTH IN
THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE,  THE  COURT
SHALL  ORDER  THAT  THE RECORD BE CONDITIONALLY SEALED IN THE MANNER SET
FORTH IN THIS SECTION  AND  NOTIFY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  OF  THE SAME.  IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR
SHE SHALL NOTIFY THE COURT AND THE DEFENDANT OF THE  REASONS  FOR  OPPO-
SITION.  IF THE COURT HAS DETERMINED, SUA SPONTE, OR THE DISTRICT ATTOR-
NEY HAS NOTIFIED THE COURT, THAT THE DEFENDANT DOES NOT MEET THE  CRITE-
RIA  FOR  CONDITIONAL  SEALING, THE COURT MUST PROVIDE THE DEFENDANT, ON
NOTICE TO THE DISTRICT ATTORNEY,  WITH  NOTICE  AND  AN  OPPORTUNITY  TO
DISPUTE SUCH FINDING.
  8.  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
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

S. 5642                            52

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 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

S. 5642                            53

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
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

S. 5642                            54

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  490.25
(CRIME  OF  TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.55  (CRIMINAL  USE  OF  A
CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIM-
INAL  USE  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE SECOND
DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT) OF THIS CHAPTER.
  (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. Intentionally omitted.
  S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure law, as amended by chapter 480 of the laws of  1976,  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;

S. 5642                            55

  (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-
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.

S. 5642                            56

  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
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

S. 5642                            57

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
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

S. 5642                            58

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
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

S. 5642                            59

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
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 WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR
ADJUDICATED  FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH

S. 5642                            60

NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS  OR  HER  ATTORNEY
DEMONSTRATES  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.
  1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND  NEEDS  ASSESS-
MENT  WITH  RESPECT  TO  ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED
UNDER SUPERVISION, OR POSTING BAIL 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  ASSESSMENT.  BASED  UPON  THE  ASSESSMENT  FINDINGS,   THE
PROBATION  DEPARTMENT  SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED
AND EVIDENCE-BASED SERVICES TO MITIGATE  ANY  RISKS  IDENTIFIED  AND  TO
ADDRESS INDIVIDUAL NEEDS.
  2.  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.
  3. 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.
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

S. 5642                            61

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
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;

S. 5642                            62

  (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;
  (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. Intentionally omitted.
  S 87-a. Intentionally omitted.
  S  88.  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

S. 5642                            63

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
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 89. Intentionally omitted.
  S  90.  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  91.  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

S. 5642                            64

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
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 91-a. 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-b.  Subdivision 16 of section 296 of the executive law, as sepa-
rately 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,

S. 5642                            65

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
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]

S. 5642                            66

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.
  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. Intentionally omitted.
  S 95. 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 chapter
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.

S. 5642                            67

  (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.
  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 96. 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.

S. 5642                            68

  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
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

S. 5642                            69

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.]
  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

S. 5642                            70

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
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.

S. 5642                            71

  [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  97. 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
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

S. 5642                            72

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;
  (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 98. 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

S. 5642                            73

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
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  99.  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

S. 5642                            74

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
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

S. 5642                            75

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.
  [(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

S. 5642                            76

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
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.

S. 5642                            77

  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
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  100.  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

S. 5642                            78

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-a. 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.
  S 100-b. 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-b of this act shall take effect on January 1, 2017;
  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-
three  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 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-two 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 (ii) of paragraph (a) and the  clos-
ing  paragraph  of  paragraph (b) of subdivision 2 of section 754 of the
family court act made by section thirty-nine of this act and the  amend-

S. 5642                            79

ments  to paragraphs (ii), (iii), and (iv) of subdivision (d) and subdi-
vision (d-1) of section 756-a of the family court act  made  by  section
forty-two of this act shall take effect on the same date and in the same
manner as part L of chapter 56 of the laws of 2015 takes effect;
  10.  the  amendments to subparagraph 1 of paragraph d of subdivision 3
of section 3214 of the education law made  by  section  eighty-eight  of
this  act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith; and
  11. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ninety-one of this
act shall not affect the expiration of such paragraph and  shall  expire
and be deemed repealed therewith.