S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4297
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. AUBRY, PERRY -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law, in relation to the powers and  duties
   of the correctional association to inspect residential juvenile facil-
   ities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 503 of the executive law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT  ALL
 YOUTH  PLACED  IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
 ATED, MAINTAINED OR CERTIFIED BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED BY
 PRISONERS' LEGAL SERVICES OF NEW YORK PURSUANT TO SUBDIVISION  THREE  OF
 SECTION  FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING
 ABUSE AND COMPLAINTS REGARDING CONDITIONS OF CONFINEMENT. THE OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES SHALL ALLOW PRISONERS' LEGAL SERVICES OF
 NEW YORK QUARTERLY ACCESS TO SUCH FACILITIES  TO  ADVISE  THE  YOUTH  OF
 THEIR  PROCEDURAL  AND  SUBSTANTIVE  RIGHTS AND INFORM SUCH YOUTH OF THE
 HOTLINE.
   § 2. The executive law is amended by adding a  new  section  504-c  to
 read as follows:
   §  504-C.  POWERS  AND  DUTIES  OF THE CORRECTIONAL ASSOCIATION OF NEW
 YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 CORRECTIONAL ASSOCIATION OF NEW YORK, BY SUCH COMMITTEES AS  THEY  SHALL
 FROM  TIME  TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY TO
 REGULARLY VISIT, INSPECT, AND EXAMINE ALL  SECURE,  LIMITED  SECURE  AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN   AND  FAMILY  SERVICES,  INCLUDING  ALL  PROPERTY,  DOCUMENTS,
 RECORDS, POLICIES, PROCEDURES, STAFF AND ALL  SUCH  OTHER  THINGS  MAIN-
 TAINED OR CONTROLLED BY SUCH FACILITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08261-01-7

 A. 4297                             2
 
   2.  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT
 UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE  FACILI-
 TIES  OPERATED,  MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES TO ENSURE THE WELFARE OF THE  YOUTH  IS  PROTECTED.  THE
 CORRECTIONAL  ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW
 COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH  FACILI-
 TIES.  IF  THE  CORRECTIONAL  ASSOCIATION  LEARNS  THAT A YOUTH HAS BEEN
 ABUSED THEY SHALL MAKE AN IMMEDIATE REPORT TO THE  COMMISSIONER  OF  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES, THE STATEWIDE CENTRAL REGISTRY
 OF CHILD ABUSE, AND TO PRISONERS' LEGAL SERVICES OF NEW YORK.
   3. THE CORRECTIONAL ASSOCIATION  SHALL  HAVE  THE  AUTHORITY  TO  HAVE
 CONFIDENTIAL  CONTACT  IN  PERSON  AND IN WRITING WITH THE RESIDENTS AND
 STAFF OF SECURE, LIMITED  SECURE  AND  NON-SECURE  FACILITIES  OPERATED,
 MAINTAINED  OR  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
 ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS  WHILE
 FULFILLING  ITS  DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND
 ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY  LAW  UPON  THE  PARTY
 FURNISHING  THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION,
 PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT  SUCH  INFORMATION
 RELATED  TO  THE  ABUSE  OF YOUTH AS REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION.
   4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
 CHAIRS  OF  THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE AND ASSEM-
 BLY, THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR  REPRESENTATIVES,
 AND  THE  MEDIA REGARDING THE STATE AND CONDITION OF THE SECURE, LIMITED
 SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED AND  CERTIFIED  BY
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, INCLUDING ANY SUGGESTED
 REMEDIAL ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL
 BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE
 OF  THIS  SECTION.  THE  CORRECTIONAL ASSOCIATION SHALL MAKE ALL REPORTS
 AVAILABLE ON THE INTERNET. THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
 SHALL  MEET  WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO
 THE FINDINGS AND RECOMMENDATIONS  ISSUED  IN  THE  ANNUAL  REPORTS.  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE
 ON THE INTERNET.
   5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS
 PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
 THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
 SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
 SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
 DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
 TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
   §  3.  The  executive  law is amended by adding a new section 504-d to
 read as follows:
   § 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  PRISONERS'  LEGAL
 SERVICES,  BY AND THROUGH THEIR EMPLOYEES, UPON NOTIFICATION OF ABUSE OR
 A COMPLAINT REGARDING A CONDITION OF  CONFINEMENT  BY  THE  CORRECTIONAL
 ASSOCIATION  OF  NEW  YORK  PURSUANT  TO SUBDIVISION TWO OF SECTION FIVE
 HUNDRED FOUR-C OF THIS TITLE, VIA THE HOTLINE  ESTABLISHED  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION, OR BY A PARENT, GUARDIAN OR ANY OTHER
 CONCERNED  INDIVIDUAL,  SHALL  HAVE  THE  POWER AND AUTHORITY TO PROVIDE
 LEGAL REPRESENTATION TO YOUTH RESIDING IN  SECURE,  LIMITED  SECURE  AND
 NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF
 CHILDREN  AND FAMILY SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE

 A. 4297                             3

 CONFIDENTIAL CONTACT VISITS  WITH  SUCH  YOUTH,  REVIEW  THEIR  RECORDS,
 INVESTIGATE  THEIR COMPLAINTS, AND ADVOCATE FOR THEIR RIGHTS, SAFETY AND
 WELL-BEING. UPON COMMENCING REPRESENTATION OF A YOUTH PURSUANT  TO  THIS
 SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LAW GUAR-
 DIAN, IF ANY, APPOINTED TO REPRESENT SUCH YOUTH.
   2.  PRISONERS'  LEGAL  SERVICES  SHALL  HAVE THE AUTHORITY TO INSPECT,
 REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION
 OF A YOUTH PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  INCLUDING  BUT
 NOT  LIMITED  TO,  USE  OF  FORCE  DOCUMENTS,  UNUSUAL INCIDENT REPORTS,
 MEDICAL AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND  PROGRAMMING
 INSTITUTIONAL  RECORDS, PRESENTENCE REPORTS AND COURT RECORDS, INCLUDING
 SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER.
   3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
 DENTIAL TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF  ABUSE
 FROM  YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE FACILITIES
 OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES.
   4.  ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES
 PURSUANT TO ITS FUNCTIONS UNDER THIS SECTION SHALL  REMAIN  CONFIDENTIAL
 AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
 FURNISHING  THE  INFORMATION  SHALL  APPLY TO PRISONERS' LEGAL SERVICES.
 CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES  PURSUANT
 TO  ITS  FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO LEGAL DOCUMENTS
 AND PLEADINGS AS A SEALED EXHIBIT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO  IS
 PLACED  IN  FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A,
 THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF  THE  SOCIAL
 SERVICES  LAW  OR PURSUANT TO SECTION ONE THOUSAND TWENTY-TWO, ONE THOU-
 SAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR
 DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND  SEVEN-
 TEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.