S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5612--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on  Children  and Families -- recommitted to the Committee on Children
   and Families in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend the executive law, the family court act, the criminal
   procedure law and the judiciary law, in relation to enacting  "Renee's
   law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Renee's law".
   §  2.  Legislative  findings  and  declaration. The legislature hereby
 finds and declares that it is a  fundamental  purpose  of  this  state's
 juvenile justice system to provide a safe environment for both the resi-
 dents  and  the  staff of programs licensed, certified and registered by
 the office of children and  family  services.  The  legislature  further
 finds  that a safe environment is ensured by providing staff of programs
 licensed, certified and registered by such office with adequate training
 and that this function is a primary responsibility of  the  commissioner
 of  children  and  family services to ensure. Ensuring the safety of the
 communities into which the youth are placed is paramount, requiring that
 a youth be placed in appropriate locations to avoid preventable tragedy.
 The legislature finds that residents of programs and agencies  licensed,
 certified  and  registered by the office of children and family services
 are committing serious crimes  within  such  programs,  and  that  these
 crimes  are not being reported to the proper authorities. The provisions
 of this act provide a critical framework to improve and maintain  safety
 within  such  licensed,  certified  and  registered programs, non-profit
 community based programs and communities throughout the  state  allowing
 youths  under  the  office of children and family services' jurisdiction

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

                                                            LBD05932-03-8

 A. 5612--A                          2
 
 the ability to be rehabilitated and receive skills necessary to  inhibit
 recidivism.
   §  3.  Section  501  of the executive law is amended by adding two new
 subdivisions 7-a and 12-a to read as follows:
   7-A. TO PROVIDE FOR THE DISSEMINATION OF  RECORDS,  FILES  AND  PAPERS
 PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION FIVE HUNDRED ONE-C OF THIS
 TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX
 OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
 720.35  OF  THE  CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION
 TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW.
   12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A  COURSE  OF
 TRAINING  TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE
 FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION  OR
 GUIDANCE  OF  CHILDREN  IN  FACILITIES  IN  WHICH CHILDREN ARE PLACED OR
 COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION-
 ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS  FOR  PREEMPLOYMENT  TRAINING
 AND  IN  SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL
 INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN-
 TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND  SECU-
 RITY  PROCEDURES;  THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS-
 ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD  MANAGEMENT;
 GANG  AWARENESS;  ABSENT  WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION;
 AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN
 FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER  SHALL  ENSURE  THAT  ALL
 TRAINING  CONDUCTED  PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND
 EVALUATED AND UPDATED ON AN ANNUAL BASIS.   THE FAILURE TO  PROVIDE  THE
 TRAINING  REQUIRED  BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY
 FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI-
 LY SERVICES FROM OFFICE.
   § 4. Section 501-c of the executive law is amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED  TO,  UNUSUAL  INCIDENT
 REPORTS,   MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITY  REPORTS,  AND
 PROGRESS REPORTS, OF EACH  JUVENILE  DELINQUENT,  JUVENILE  OFFENDER  OR
 YOUTHFUL  OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE:
   (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
 ATED  BY  SUCH  OFFICE  OR  NOT,  IN WHICH THE DELINQUENT OR OFFENDER IS
 PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR  EMPLOYEE  IS  RESPONSIBLE
 FOR  THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR
 GUIDANCE OF THE AFFECTED YOUTH;
   (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER  ENGAGES  IN  CONDUCT  OR
 COMMITS  AN  ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW
 IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,
 TO  THE  COURT,  THE  PRESENTMENT  AGENCY  OR DISTRICT ATTORNEY, AND THE
 ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES  AGAINST  THE
 YOUTH RELATING TO SUCH CRIME; AND
   (C)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN-
 DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS.
   §  5.  The  executive  law is amended by adding a new section 501-i to
 read as follows:
   § 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1.   PLACE-
 MENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH
 COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK  ASSESSMENT

 A. 5612--A                          3
 
 VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.  PROVIDED, THAT
 NO  YOUTH  CONVICTED  OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED
 FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C  RULE  VIOLATIONS
 WHILE  IN  CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE
 VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE  AUTHORIZED  TO  BE
 PLACED  IN  ANY  PROGRAM  OR FACILITY THAT IS NOT DESIGNATED AS A SECURE
 FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK  LEVEL  OF  III  SHALL  BE
 PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY.
   2.  MOVEMENT  TO  LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY
 YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE  CONDUCTED
 FOR  SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED
 WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A  RISK
 ASSESSMENT  OF  A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH
 YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF  SUBDI-
 VISION SIX OF THIS SECTION.
   3.  RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES,
 OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH
 YOUTH COMMITTED TO THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.  THE  RISK  ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY
 ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO  HIS  OR  HER
 PRIOR  OFFENSE  HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING
 FACTORS.
   (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY:
   (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND
   (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE.
   (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY:
   (I) THE NUMBER OF OPEN OR PRIOR  JUVENILE  DELINQUENCY  DETERMINATIONS
 WITHIN  THE  PREVIOUS  THREE  YEARS:  ONE  POINT PER OFFENSE, BUT NOT TO
 EXCEED THREE POINTS;
   (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE  COUNTY  ATTOR-
 NEY:  ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS;
   (IV)  A  PENDING  FAMILY  COURT  MISDEMEANOR  OFFENSE:  ONE  POINT PER
 OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE  YEARS:  FIVE
 POINTS;
   (VI)  TWO  OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE
 YEARS: THREE POINTS; AND
   (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE  PREVIOUS  THREE  YEARS:
 ONE POINT.
   (C) MITIGATING FACTOR SHALL BE DETERMINED BY:
   (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT;
   (II)  NOT  BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING
 WITHIN THE PREVIOUS THREE YEARS: ONE POINT;
   (III)  CURRENTLY  ACTIVELY  COOPERATING  IN  COUNSELING,   PREVENTION,
 SERVICES OR A PROGRAM: ONE POINT.
   4.  DEFINITIONS. AS USED IN THIS ARTICLE:
   (A)  "DESIGNATED  FELONY"  SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING
 FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN
 THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE
 SECOND DEGREE, KIDNAPPING IN  THE  FIRST  DEGREE,  ARSON  IN  THE  FIRST
 DEGREE,  ASSAULT  IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE,
 ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN
 THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE  IN

 A. 5612--A                          4
 
 THE  FIRST  DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN
 THE FIRST DEGREE.
   (B)  "DESIGNATED  RISK  LEVEL"  SHALL MEAN AN ASSESSMENT OF EACH YOUTH
 COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
 IN  WHICH,  IN  LIGHT  OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF
 OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN  THE  CARE
 AND  CUSTODY  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY
 PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE,  AND  PREVIOUS
 CRIMINAL  AND  JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER-
 MINED TO PRESENT A LOW, MODERATE OR  HIGH  RISK  OF  COMMITTING  ANOTHER
 CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF
 COMMITTED  BY  AN  ADULT,  OR POSES A THREAT TO THE SAFETY OF HIMSELF OR
 HERSELF OR OTHERS.
   (I) "RISK LEVEL I" MEANS A YOUTH  HAS  A  LOW  RISK  OF  REPEATING  OR
 COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO
 PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A
 RISK FACTOR OF THREE POINTS OR LESS.
   (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR
 COMMITTING  ADDITIONAL  OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE
 THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL  OF  II
 SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS.
   (III)  "RISK  LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR
 COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR  POSES  A  SERIOUS
 THREAT  TO  PUBLIC  SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III
 SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS.
   (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH  IS  CONSPICUOUSLY  OFFEN-
 SIVE, INTENTIONAL OR BLATANT.
   (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN-
 TIONALLY REPETITIVE.
   5.  RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN
 HE OR SHE:
   (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN  ACCESSORY  TO  AN  ESCAPE
 ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY;
   (II)  WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH-
 OUT LEAVE;
   (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE;
   (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING  OR  SELF
 DEFENSE TECHNIQUES;
   (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION;
   (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES;
   (VII)  MAKES  ANY  THREAT  VERBALLY,  IN  WRITING OR BY GESTURE TO ANY
 PERSON;
   (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS,
 VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT;
   (IX) MAKES, USES, POSSESSES, SELLS  OR  EXCHANGES,  OR  IS  UNDER  THE
 INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT;
   (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU-
 ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE;
   (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
 TION;
   (XII)  SELLS  OUTDATED  OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
 TION;
   (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT  OTHERS  TO  SMUGGLE
 ANY  ITEM  INTO  OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR
 PROGRAM AREA TO ANOTHER;

 A. 5612--A                          5
 
   (XIV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE  SECURE
 AND ORDERLY OPERATION OF THE FACILITY;
   (XV)  ENGAGES  IN  ANY  VERBAL  BEHAVIOR WHICH MAY RESULT IN INJURY TO
 STAFF OR RESIDENTS;
   (XVI) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR  WHICH
 INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY;
   (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
 MAY RESULT IN INJURY TO STAFF OR RESIDENTS;
   (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA;
   (XIX) THROWS URINE OR FECES OR SANITARY ITEMS;
   (XX)  FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM COUNT
 PROCEDURES;
   (XXI) MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE  MUTILA-
 TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR
   (XXII)  ENGAGES  IN  A  PERSISTENT PATTERN OF INFRACTIONS AND FAILS TO
 RESPOND TO SANCTIONS PREVIOUSLY IMPOSED BY AN  INDIVIDUAL  CHARGED  WITH
 SUCH YOUTH'S CARE OR CUSTODY.
   (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE:
   (I)  COMMITS  OR  ATTEMPTS  TO COMMIT ANY OFFENSE DEFINED IN THE PENAL
 LAW;
   (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION;
   (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION;
   (IV) POSSESSES AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE  USED  TO
 MAKE AN EXPLOSIVE DEVICE;
   (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT,
 A STAFF MEMBER OR ANY OTHER PERSON;
   (VI) ENGAGES IN FIGHTING;
   (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN
 THE  TAKEOVER  OF  ANY  AREA  OF  A FACILITY OR PROGRAM, OR, ACTING IN A
 GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF
 VIOLENCE;
   (VIII) ENGAGES WITH  OTHERS  IN  ANY  VIOLENT  CONDUCT  OR  THREAT  OF
 VIOLENCE;
   (IX)  LEADS,  ORGANIZES  OR  URGES  OTHER  RESIDENTS TO PARTICIPATE IN
 ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM;
   (X) ENGAGES IN OR ENCOURAGES OTHERS TO ENGAGE IN  UNAUTHORIZED  ORGAN-
 IZATIONAL ACTIVITIES OR MEETINGS;
   (XI)  DISPLAYS,  WEARS,  POSSESSES,  DISTRIBUTES  OR USES UNAUTHORIZED
 ORGANIZATIONAL INSIGNIA OR MATERIALS;
   (XII) MAKES, POSSESSES, SELLS, EXCHANGES OR USES ANY GUN,  FIREARM  OR
 AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS-
 SIFIED AS A WEAPON BY USE OR APPEARANCE;
   (XIII)  CONSPIRES  TO,  IS  AN ACCESSORY TO OR COMMITS ESCAPE FROM ANY
 PROGRAM OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR  ABSENCE
 WITHOUT LEAVE;
   (XIV)  INTENTIONALLY  FAILS OR ATTEMPTS TO FAIL TO RETURN AT OR BEFORE
 THE TIME PRESCRIBED FOR HIS OR HER RETURN;
   (XV) ENGAGES IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE  OTHERS  TO
 ENGAGE IN SEXUAL ACTS OR GESTURES;
   (XVI)  TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY INVES-
 TIGATION; OR
   (XVII) POSSESSES TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS  THAT  MAY
 BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION.
   6.  STAFFING.  PROGRAMS OPERATED, LICENSED, CERTIFIED OR REGISTERED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW-
 ING STAFFING REQUIREMENTS:

 A. 5612--A                          6
 
   (A) THOSE PROGRAMS ACCEPTING YOUTHS  WITH  RISK  LEVEL  I  ASSESSMENTS
 SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND
 RESIDENTS OF THE PROGRAM.
   (B)  THOSE  PROGRAMS  ACCEPTING  YOUTHS WITH RISK LEVEL II ASSESSMENTS
 SHALL HAVE STAFFING SUFFICIENT TO  ENSURE  THAT  NO  EMPLOYEE  SHALL  BE
 REQUIRED  TO  SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS THE EMPLOYEE
 IS ACCOMPANIED BY NOT LESS THAN ONE OTHER EMPLOYEE  OF  THE  PROGRAM  OR
 ANOTHER APPROPRIATE PERSON.
   (C)  THOSE  PROGRAMS  ACCEPTING YOUTHS WITH RISK LEVEL III ASSESSMENTS
 SHALL BE SECURE OR LIMITED SECURE FACILITIES.
   § 6. Subdivision 4 of section 504 of the executive law, as amended  by
 chapter 687 of the laws of 1993, is amended to read as follows:
   4.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall deter-
 mine, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS
 ARTICLE, the particular [division] OFFICE facility or program in which a
 child  placed  with [the division] SUCH OFFICE shall be cared for, based
 upon an evaluation of such child. The [division] OFFICE OF CHILDREN  AND
 FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED
 ONE-I  OF  THIS  ARTICLE  AND AFTER A COMPLETE REVIEW OF THE RECORDS AND
 FILES OF A CHILD, also have  authority  to  discharge  or  conditionally
 release  children  placed  with  it and to transfer such children from a
 limited secure or non-secure facility to any  other  limited  secure  or
 non-secure  facility,  when  the interest of such children requires such
 action; provided that a child transferred to a non-secure facility  from
 a  limited  secure facility may be returned to a limited secure facility
 upon a determination by the [division] OFFICE that, for any reason, care
 and  treatment  at  the  non-secure  facility  is  no  longer  suitable.
 PROVIDED,  HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL BE
 AUTHORIZED IF THE CHILD'S RECORDS AND FILES  INCLUDE  (A)  TWO  OR  MORE
 LEVEL  C  RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACE-
 MENT IN A LESS SECURE FACILITY,  OR  (B)  FOUR  OR  MORE  LEVEL  B  RULE
 VIOLATIONS  WITHIN  THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS
 SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH
 CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT-
 TED BY AN ADULT.
   § 7. Section 507-a of the executive law is amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN TEN DAYS
 BEFORE THE MOVEMENT OF ANY YOUTH, COMMITTED TO  THE  CUSTODY  OR  SUPER-
 VISION  OF  SUCH  OFFICE, TO ANY FACILITY OR PROGRAM OPERATED, LICENSED,
 REGISTERED, CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE  NOTICE
 OF  THE  MOVEMENT  OF SUCH YOUTH TO THE DIVISION OF STATE POLICE AND THE
 LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER  THE  FACILITY  OR
 PROGRAM  TO  WHICH  THE YOUTH IS TO BE MOVED. SUCH NOTICE SHALL INCLUDE,
 BUT NOT BE LIMITED TO, REPORTS OF THE YOUTH'S PRIOR  ASSAULTS,  ACTS  OF
 VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE
 CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES.
   § 8. Title 2 of article 19-G of the executive law is amended by adding
 a new section 510 to read as follows:
   §  510.  REPORTS  OF  YOUTH  CRIMINAL ACTIVITY; REQUIRED. 1. (A) EVERY
 OFFICER AND EMPLOYEE OF A FACILITY OR PROGRAM, THAT IS  SUBJECT  TO  THE
 PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A
 LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE
 HAS  REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF FACTS,
 CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS
 COMMITTED AN ACT, WHICH IF THE YOUTH WAS AN  ADULT,  WOULD  BE  A  CRIME

 A. 5612--A                          7

 DEFINED  IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE PENAL
 LAW.
   (B)  AFTER  SUBMITTING  A  REPORT TO THE LAW ENFORCEMENT AGENCY HAVING
 JURISDICTION, THE OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE  THEREOF  TO
 HIS  OR  HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
 NEITHER OPERATOR OF A  FACILITY  OR  PROGRAM  THAT  IS  SUBJECT  TO  THE
 PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL  DENY  A  LAW  ENFORCEMENT AGENCY ACCESS TO ANY PROGRAM, FACILITY,
 OFFICER, EMPLOYEE OR YOUTH WHILE SUCH AGENCY IS  IN  THE  COURSE  OF  AN
 INVESTIGATION  RELATING  TO A REPORT SUBMITTED PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION.
   (C) NO OPERATOR OF A  PROGRAM  OR  FACILITY  LICENSED,  REGISTERED  OR
 CERTIFIED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ANY
 RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS DEFINED IN  PARAGRAPH  (E)
 OF  SUBDIVISION  ONE  OF  SECTION  SEVEN HUNDRED FORTY OF THE LABOR LAW,
 AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT HE  OR  SHE  HAS
 REASONABLE  CAUSE  TO  SUSPECT THAT A YOUTH HAS COMMITTED A CRIMINAL ACT
 AND THAT EMPLOYEE THEREFORE MAKES  A  REPORT  IN  ACCORDANCE  WITH  THIS
 TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH
 OFFICE  SHALL  IMPOSE  ANY CONDITIONS, INCLUDING PRIOR APPROVAL OR PRIOR
 NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT
 UNDER THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY  TIME
 THEREAFTER,  SUCH  PERSON  OR OFFICIAL MAY EXERCISE THE RIGHT TO REQUEST
 THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION.
   2. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
 REPORT  A  YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE COMMISSION OF
 SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   3. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
 REPORT  A  YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE COMMISSION OF
 SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY
 SUCH CONCEALMENT.
   4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  INCLUDE  INSTRUC-
 TION  ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING REQUIRED
 BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   § 9. Subdivision 1 of section 510-c of the executive law,  as  amended
 by chapter 465 of the laws of 1992, is amended to read as follows:
   1.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may, SUBJECT
 TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS  ARTICLE  AND
 AFTER  A  COMPLETE  REVIEW  OF  THE  RECORDS  AND  THE FILES OF A CHILD,
 discharge from its custody any child placed with the  [division]  OFFICE
 whenever it deems such discharge to be in the best interest of the child
 and  there  is  reasonable  probability that the child can be discharged
 without endangering the public safety; provided, however, that no  child
 while absent from [a division] AN OFFICE facility without the consent of
 the  director  of  such  facility  shall be discharged by the [division]
 OFFICE solely by reason of the absence[, and]; provided further that  no
 child  in  the  custody  of the [division] OFFICE and transferred to the
 department of mental hygiene, while absent from a department  of  mental
 hygiene  facility  without the consent of the superintendent or director
 of such facility, shall be discharged  by  the  [division]  OFFICE;  AND
 PROVIDED,  FURTHER,  THAT  NO  CHILD  SHALL  BE DISCHARGED IF HIS OR HER
 RECORDS AND FILES INCLUDE (A) TWO OR MORE LEVEL C RULE VIOLATIONS WITHIN
 THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR
 (B) FOUR OR MORE LEVEL B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO  A
 PROPOSED  PLACEMENT  IN  A  LESS SECURE FACILITY, OR (C) NOTATION OF ANY

 A. 5612--A                          8
 
 CONDUCT OR ACT COMMITTED BY SUCH CHILD WHICH WOULD CONSTITUTE  A  DESIG-
 NATED FELONY CRIME DEFINED IN THE PENAL LAW IF COMMITTED BY AN ADULT.
   §  10.  Section  837  of  the executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. ESTABLISH RULES AND REGULATIONS REQUIRING,  UPON  REQUEST  OF  THE
 OPERATOR  OF  A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A  YOUTH  HAS  ABSENTED
 HIMSELF  OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION,
 THAT A POLICE OFFICER HAVING JURISDICTION ESCORT  AN  EMPLOYEE  OF  SUCH
 FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI-
 GATE  WHERE  SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST
 THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO
 THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED.
   § 11. Section 166 of the family  court  act  is  amended  to  read  as
 follows:
   §  166.  Privacy  of records. (A) The records of any proceeding in the
 family court shall not be  open  to  indiscriminate  public  inspection.
 However,  the  court  in  its  discretion  in  any  case  may permit the
 inspection of any papers or records. Any duly authorized agency, associ-
 ation, society or institution to which a child is committed may cause an
 inspection of the record of investigation to  be  had  and  may  in  the
 discretion  of  the  court  obtain  a  copy of the whole or part of such
 record.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT
 OF A PERSON, WHO IS PLACED WITH OR  COMMITTED  TO  THE  CUSTODY  OF  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  SHALL  BE  OPEN  TO AND BE
 PROVIDED:
   (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
 ATED  BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED
 AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
 IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
 REHABILITATION OR GUIDANCE OF THE PERSON;
   (2) IN THE EVENT SUCH PERSON ENGAGES IN  CONDUCT  OR  COMMITS  AN  ACT
 WHICH  WOULD  CONSTITUTE  A CRIME DEFINED IN THE PENAL LAW IF THE PERSON
 WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE  COURT,
 THE  PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY
 UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING  TO  SUCH  CRIME;
 AND
   (3)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE
 FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 12. Section 720.35 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED
 TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  BE
 OPEN TO AND BE PROVIDED TO:
   (A)  THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED
 BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE  OFFICE
 OF  CHILDREN  AND  FAMILY  SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS
 RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,  REHA-
 BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER;
   (B)  IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE
 PENAL LAW, TO  THE  COURT,  THE  DISTRICT  ATTORNEY,  AND  THE  YOUTHFUL

 A. 5612--A                          9
 
 OFFENDER'S  ATTORNEY  UPON  THE  FILING OF CHARGES AGAINST SUCH OFFENDER
 RELATING TO SUCH CRIME; AND
   (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER
 AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.
   §  13.  Section  725.15  of  the criminal procedure law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
 § 725.15 Sealing of records.
   1. Except where specifically required or permitted by statute or  upon
 specific  authorization  of the court that directed removal of an action
 to the family court all official records and papers of the action up  to
 and  including  the  order of removal, whether on file with the court, a
 police agency or the division of criminal justice services,  are  confi-
 dential  and  must  not  be  made  available  to any person or public or
 private agency, provided however that availability of copies of any such
 records and papers on file with the family court shall  be  governed  by
 provisions that apply to family court records, and further provided that
 all official records and papers of the action shall be included in those
 records and reports that may be obtained upon request by the commission-
 er of mental health or commissioner of [mental retardation and] develop-
 mental  disabilities,  as  appropriate;  the  case review panel; and the
 attorney general pursuant to section 10.05 of the mental hygiene law.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 ALL  OFFICIAL  RECORDS  AND  PAPERS  OF AN ACTION RELATING TO A JUVENILE
 OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 SHALL BE OPEN TO AND BE PROVIDED:
   (A)  TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER-
 ATED BY SUCH OFFICE OR NOT, IN WHICH  THE  OFFENDER  IS  PLACED  BY  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
 IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
 REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER;
   (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT  OR  COMMITS
 AN  ACT  WHICH  WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE
 OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,  TO
 THE  COURT,  THE  PRESENTMENT  AGENCY  OR  DISTRICT  ATTORNEY,  AND SUCH
 OFFENDER'S ATTORNEY UPON THE FILING  OF  CHARGES  AGAINST  THE  JUVENILE
 OFFENDER RELATING TO SUCH CRIME; AND
   (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER
 AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.
   §  14. Subdivision 2 of section 212 of the judiciary law is amended by
 adding a new paragraph (w) to read as follows:
   (W) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION  OF  THE
 OFFICIAL  RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS
 AND YOUTHFUL OFFENDERS  PURSUANT  TO  SUBDIVISION  (A)  OF  SECTION  ONE
 HUNDRED  SIXTY-SIX  OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION
 720.35 OF THE CRIMINAL PROCEDURE LAW, AND  SUBDIVISION  TWO  OF  SECTION
 725.15 OF THE CRIMINAL PROCEDURE LAW.
   §  15.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.

 A. 5612--A                         10

   § 16. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law; provided that,  effec-
 tive  immediately,  any rules and regulations necessary to implement the
 provisions of this act on  its  effective  date  are  authorized  to  be
 promulgated, repealed and/or amended on or before such date.