LBD00435-01-9
A. 2281 2
5. The provisions of this section shall not be waived.
§ 2. Section 355.4 of the family court act is amended by adding a new
subdivision 6 to read as follows:
6. WHEN A RESPONDENT IS PLACED AT THE MONROE COUNTY JUVENILE JUSTICE
CENTER THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE MONROE
COUNTY JUVENILE JUSTICE CENTER SHALL POSSESS THE CONSENT TO PROVIDE
ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT AS
GRANTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS
SECTION.
§ 3. Section 501 of the executive law is amended by adding two new
subdivisions 3-a and 4-a to read as follows:
3-A. TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF
MONROE FOR SUCH COUNTY TO ESTABLISH, OPERATE AND MAINTAIN A LIMITED
SECURE PLACEMENT FACILITY.
4-A. TO INSPECT AND CERTIFY THE MONROE COUNTY JUVENILE JUSTICE CENTER
LIMITED SECURE PLACEMENT FACILITY.
§ 4. Section 505 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. THE DIRECTOR OF THE MONROE COUNTY JUVENILE JUSTICE CENTER SHALL BE
APPOINTED BY THE MONROE COUNTY DIRECTOR OF SOCIAL SERVICES.
§ 5. Article 19-G of the executive law is amended by adding a new
title 2-A to read as follows:
TITLE 2-A
MONROE COUNTY JUVENILE JUSTICE CENTER
SECTION 509-A. MONROE COUNTY JUVENILE JUSTICE CENTER ESTABLISHED.
509-B. DEFINITIONS.
509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS.
509-D. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES.
509-E. PREVAILING WAGE REQUIREMENTS.
509-F. JUVENILE PROBATION INVESTIGATION AND DIAGNOSTIC ASSESS-
MENT.
509-G. SUBSTANCE AND ALCOHOL ABUSE TREATMENT OF JUVENILES.
509-H. HEALTH SERVICES AND EDUCATION.
509-I. EDUCATIONAL COMPONENTS OF THE JUVENILE JUSTICE CENTER.
509-J. JUVENILE JUSTICE CENTER OVERSIGHT.
509-K. STATE REIMBURSEMENT OF FUNDS.
§ 509-A. MONROE COUNTY JUVENILE JUSTICE CENTER ESTABLISHED. MONROE
COUNTY SHALL OPERATE AND MAINTAIN A LIMITED SECURE FACILITY TO BE KNOWN
AS THE MONROE COUNTY JUVENILE JUSTICE CENTER, FOR THE PLACEMENT OF JUVE-
NILE DELINQUENTS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES
BY THE MONROE COUNTY FAMILY COURT.
§ 509-B. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING WORDS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES.
3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE MONROE COUNTY JUVENILE
JUSTICE CENTER APPOINTED PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE
HUNDRED FIVE OF THIS ARTICLE.
§ 509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS. THE JUVENILE JUSTICE
CENTER ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED NINE-A OF THIS TITLE
SHALL CONSIST OF THE FOLLOWING:
1. NO MORE THAN SIXTY BEDS TO BE USED FOR JUVENILES WHO HAVE BEEN
PLACED IN THE JUVENILE JUSTICE CENTER; AND
A. 2281 3
2. NO MORE THAN SEVENTY-FIVE BEDS TO BE USED FOR JUVENILES WHO ARE
BEING DETAINED AT THE JUVENILE JUSTICE CENTER AND ARE AWAITING PLACEMENT
OR ADJUDICATION.
§ 509-D. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES. 1. ALL CONTRACTS ENTERED INTO BY THE CENTER PURSU-
ANT TO THIS TITLE OF WHATEVER NATURE AND ALL DOCUMENTS SOLICITING BIDS
OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO THE FOLLOWING
PROVISIONS:
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
CANTS FOR EMPLOYMENT BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE THAT MINORITY GROUP
PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
MENT, JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTION
FOR TRAINING AND RETRAINING, INCLUDING APPRENTICESHIP AND ON-THE-JOB
TRAINING.
(B) THE CONTRACTOR SHALL REQUEST EACH EMPLOYMENT AGENCY, LABOR UNION,
OR AUTHORIZED REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE
BARGAINING OR OTHER AGREEMENT OR UNDERSTANDING AND WHICH IS INVOLVED IN
THE PERFORMANCE OF THE CONTRACT WITH THE CENTER TO FURNISH A WRITTEN
STATEMENT THAT SUCH EMPLOYMENT AGENCY, LABOR UNION OR REPRESENTATIVE
SHALL NOT DISCRIMINATE BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY OR MARITAL STATUS AND THAT SUCH UNION OR REPRESEN-
TATIVE WILL COOPERATE IN THE IMPLEMENTATION OF THE CONTRACTOR'S OBLI-
GATIONS HEREUNDER.
(C) THE CONTRACTOR SHALL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR IN THE PERFORM-
ANCE OF THE CONTRACT WITH THE CENTER THAT ALL QUALIFIED APPLICANTS WILL
BE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION BECAUSE
OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL
STATUS.
(D) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF THIS SUBDIVISION AND
SUBDIVISIONS TWO AND THREE OF THIS SECTION IN EVERY SUBCONTRACT OR
PURCHASE ORDER IN SUCH A MANNER THAT SUCH PROVISIONS WILL BE BINDING
UPON EACH SUBCONTRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH THE
CONTRACT WITH THE CENTER.
2. THE COUNTY SHALL ESTABLISH MEASURES, PROCEDURES AND GUIDELINES TO
ENSURE THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE MEANINGFUL PROGRAMS
TO EMPLOY AND PROMOTE QUALIFIED MINORITY GROUP MEMBERS AND WOMEN. SUCH
PROCEDURES MAY REQUIRE AFTER NOTICE IN A BID SOLICITATION, THE
SUBMISSION OF A MINORITY AND WOMEN WORKFORCE UTILIZATION PROGRAM PRIOR
TO THE AWARD OF ANY CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY REQUIRE
THE SUBMISSION OF COMPLIANCE REPORTS RELATING TO THE OPERATION AND
IMPLEMENTATION OF ANY WORKFORCE UTILIZATION PROGRAM ADOPTED HEREUNDER.
THE COUNTY SHALL TAKE APPROPRIATE ACTION, INCLUDING THE IMPOSITIONS OF
SANCTIONS FOR NON-COMPLIANCE TO EFFECTUATE THE PROVISIONS OF THIS
SECTION AND SHALL BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH THIS
TITLE.
3. IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE, MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE OPPORTUNITY FOR
MEANINGFUL PARTICIPATION. THE COUNTY SHALL ESTABLISH QUANTIFIABLE STAND-
ARDS AND MEASURES AND PROCEDURES TO SECURE MEANINGFUL PARTICIPATION AND
IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES MAY BEST BID TO ACTIVELY AND AFFIRMA-
A. 2281 4
TIVELY PROMOTE AND ASSIST THEIR PARTICIPATION IN PROJECTS, SO AS TO
FACILITATE THE AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES;
PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
LIMIT THE ABILITY OF THE COUNTY TO ASSURE THAT QUALIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE IN THE PROGRAM. FOR
PURPOSES HEREOF, MINORITY BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS
ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE
CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE
STOCK OR OTHER VOTING INTEREST IS OWNED BY CITIZENS OR PERMANENT RESI-
DENT ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERICAN INDIAN, PACIFIC
ISLANDER, OR ALASKAN NATIVE, AND SUCH OWNERSHIP INTEREST IS REAL,
SUBSTANTIAL AND CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY
CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS ENTER-
PRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF
A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK TO
OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESI-
DENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTAN-
TIAL AND CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY CONTROL THE
DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT THE
ABILITY OF ANY MINORITY BUSINESS ENTERPRISE TO BID ON ANY CONTRACT.
4. IN ORDER TO IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
SECTION, THE COUNTY SHALL ESTABLISH PROCEDURES TO MONITOR CONTRACTORS
COMPLIANCE WITH PROVISIONS HEREOF, PROVIDE ASSISTANCE IN OBTAINING
COMPETING QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TO
PERFORM CONTRACTS PROPOSED TO BE AWARDED, IMPOSE CONTRACTUAL SANCTIONS
FOR NON-COMPLIANCE, AND TAKE OTHER APPROPRIATE MEASURES TO IMPROVE THE
ACCESS OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TO THESE
CONTRACTS.
§ 509-E. PREVAILING WAGE REQUIREMENTS. IN THE CONSTRUCTION AND DEVEL-
OPMENT OF THE CENTER, MONROE COUNTY MUST COMPLY WITH THE PROVISIONS OF
ARTICLE EIGHT OF THE LABOR LAW.
§ 509-F. JUVENILE PROBATION INVESTIGATION AND DIAGNOSTIC ASSESSMENT.
FOR EVERY JUVENILE WHO IS DETAINED OR PLACED IN THE CENTER, A PROBATION
INVESTIGATION AND A DIAGNOSTIC ASSESSMENT SHALL BE PERFORMED ON SUCH
JUVENILE. FOR THE PURPOSES OF THIS SECTION, THE PROBATION INVESTIGATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE HISTORY OF THE JUVENILE
INCLUDING PREVIOUS CONDUCT, THE FAMILY SITUATION, ANY PREVIOUS PSYCHO-
LOGICAL AND PSYCHIATRIC REPORTS, SCHOOL HISTORY, SCHOOL ADJUSTMENT,
PREVIOUS SOCIAL ASSISTANCE PROVIDED BY VOLUNTARY OR PUBLIC AGENCIES AND
THE RESPONSE OF THE JUVENILE TO SUCH ASSISTANCE, AND ANY POSSIBLE HISTO-
RY OF ALCOHOL, SUBSTANCE OR SEXUAL ABUSE. FOR THE PURPOSES OF THIS
SECTION, THE DIAGNOSTIC ASSESSMENT SHALL INCLUDE, BUT NOT BE LIMITED TO,
PSYCHOLOGICAL TESTS AND PSYCHIATRIC INTERVIEWS TO DETERMINE MENTAL
CAPACITY AND ACHIEVEMENT, EMOTIONAL STABILITY AND MENTAL DISABILITIES.
IT SHALL INCLUDE A CLINICAL ASSESSMENT OF THE SITUATIONAL FACTORS THAT
MAY HAVE CONTRIBUTED TO THE ACT OR ACTS, INCLUDING ANY ALCOHOL,
SUBSTANCE OR SEXUAL ABUSE OF THE JUVENILE. WHEN FEASIBLE, EXPERT OPINION
SHALL BE RENDERED AS TO THE RISK PRESENTED BY THE JUVENILE TO OTHERS OR
HIMSELF, WITH A RECOMMENDATION AS TO THE NEED FOR A RESTRICTIVE PLACE-
MENT.
§ 509-G. SUBSTANCE AND ALCOHOL ABUSE TREATMENT OF JUVENILES. 1.
SCREENING, EVALUATION AND TREATMENT FOR ALCOHOL, CANNABIS AND OTHER
SUBSTANCES. THE CENTER SHALL CONTRACT WITH ONE OR MORE COMMUNITY-BASED,
NOT-FOR-PROFIT ALCOHOL AND/OR SUBSTANCE ABUSE TREATMENT PROVIDERS
A. 2281 5
LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
SCREEN, EVALUATE, DIAGNOSE, TREAT AND PROVIDE ALL OTHER NECESSARY
SERVICES TO JUVENILES PLACED AT THE CENTER WHO USE, ARE EXPOSED TO, OR
AT RISK FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES. SCREEN-
ING, EVALUATION, DIAGNOSIS, TREATMENT AND ALL OTHER NECESSARY SERVICES
FOR ALCOHOL, CANNABIS AND OTHER SUBSTANCE USE, ABUSE OR EXPOSURE SHALL
BE PROVIDED BY APPROPRIATE HEALTH PROFESSIONALS LICENSED, CERTIFIED OR
CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
THE CENTER SHALL GIVE PARTICULAR CONSIDERATION TO PROVIDERS OF ALCOHOL
AND SUBSTANCE ABUSE TREATMENT SERVICES WHICH DEMONSTRATE THE ABILITY TO
PROVIDE TREATMENT SERVICES THAT EFFECTIVELY REDUCE ADDICTION IN YOUNG
PEOPLE.
A. ALL JUVENILES SHALL BE SCREENED UPON PLACEMENT AT THE CENTER USING
A PROTOCOL APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES TO IDENTIFY ANY USE OF, EXPOSURE TO, OR RISK FROM ALCOHOL,
CANNABIS OR OTHER SUBSTANCES. IF A FAMILY COURT PROBATION REPORT OR
DIAGNOSTIC ASSESSMENT PROVIDES ALL THE REQUIRED INFORMATION NECESSARY TO
SCREEN A JUVENILE FOR ANY USE OF, EXPOSURE TO OR RISK FROM ALCOHOL,
CANNABIS OR OTHER SUBSTANCES, THE REPORT OR ASSESSMENT MAY BE ADOPTED IN
LIEU OF SCREENING UNDER THIS SECTION.
B. A JUVENILE IDENTIFIED BY SCREENING, FAMILY COURT PROBATION REPORT,
FAMILY COURT DIAGNOSTIC ASSESSMENT OR FAMILY COURT ORDER FOR USE OF,
EXPOSURE TO OR RISK FROM ALCOHOL, CANNABIS OR OTHER SUBSTANCES SHALL BE
EVALUATED USING A PROTOCOL APPROVED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES TO ASSESS DEPENDENCE ON, USE OR ABUSE OF, OR
IMPAIRMENT FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES. IF A
FAMILY COURT PROBATION REPORT OR DIAGNOSTIC ASSESSMENT PROVIDES ALL THE
REQUIRED INFORMATION NECESSARY TO EVALUATE A JUVENILE FOR DEPENDENCE ON,
ABUSE OF, OR IMPAIRMENT FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER
SUBSTANCES, THE REPORT OR ASSESSMENT MAY BE ADOPTED IN LIEU OF EVALU-
ATION UNDER THIS SECTION.
C. THE CENTER SHALL PROVIDE TREATMENT AND OTHER SERVICES TO A JUVENILE
(I) WHO IS DIAGNOSED WITH ALCOHOL, CANNABIS OR OTHER SUBSTANCE ABUSE,
ALCOHOL, CANNABIS OR OTHER SUBSTANCE DEPENDENCE OR OTHER PSYCHOACTIVE
SUBSTANCE USE DISORDER AND/OR (II) WHOSE EVALUATION IDENTIFIES EVIDENCE
OF DEVELOPMENTAL OR FUNCTIONAL IMPAIRMENT IN ONE OR MORE MAJOR LIFE
AREAS DUE TO A RELATIONSHIP WITH A SIGNIFICANT OTHER AS DEFINED IN
SUBDIVISION NINETEEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW WHO USES,
ABUSES OR DEPENDS ON ALCOHOL, CANNABIS OR OTHER SUBSTANCES.
D. THE REASONS FOR DENIAL OF TREATMENT OR SERVICES MUST BE DOCUMENTED
IN A WRITTEN RECORD KEPT BY THE CENTER FOR A PERIOD OF TEN YEARS.
2. EDUCATION ABOUT ALCOHOL, CANNABIS AND OTHER SUBSTANCES. THE CENTER
SHALL PROVIDE TO ALL JUVENILES PLACED AT THE CENTER EDUCATION AND OTHER
PREVENTION SERVICES ABOUT THE RISKS OF ALCOHOL AND SUBSTANCE ABUSE
INCLUDING THE RISKS FOR CHILDREN OF ALCOHOL AND/OR SUBSTANCE ABUSING
PERSONS AND FOR OTHERS AT HIGH RISK FOR ALCOHOL AND/OR SUBSTANCE ABUSE
PROBLEMS.
§ 509-H. HEALTH SERVICES AND EDUCATION. THE CENTER SHALL CONTRACT WITH
A FAMILY PLANNING CLINIC LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW TO PROVIDE TO BOTH FEMALE AND MALE JUVENILES AS APPRO-
PRIATE:
1. PROMPT AND COMPREHENSIVE REPRODUCTIVE HEALTH SERVICES INCLUDING BUT
NOT LIMITED TO FAMILY PLANNING; SCREENING, DIAGNOSIS AND TREATMENT OF
SEXUALLY TRANSMITTED DISEASES; SCREENING, DIAGNOSIS AND TREATMENT OF HIV
AND AIDS; AND GYNECOLOGICAL AND OBSTETRICAL SERVICES; AND
A. 2281 6
2. FAMILY LIFE EDUCATION PROGRAMS INCLUDING BUT NOT LIMITED TO HUMAN
DEVELOPMENT, SEXUALITY, PHYSIOLOGY, REPRODUCTIVE HEALTH AND CONTRACEP-
TION, SEXUALLY TRANSMITTED DISEASES AND HIV/AIDS, ABSTINENCE, RELATION-
SHIPS, ROLES AND PSYCHO-SEXUAL DEVELOPMENT.
§ 509-I. EDUCATIONAL COMPONENTS OF THE JUVENILE JUSTICE CENTER. THE
CENTER MUST PROVIDE EVERY CHILD PLACED IN THE CENTER WITH EDUCATIONAL
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR THOUSAND TWO
OF THE EDUCATION LAW.
§ 509-J. JUVENILE JUSTICE CENTER OVERSIGHT. 1. THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL BE RESPONSIBLE FOR ENSURING THAT THE CENTER
MEETS ALL THE NECESSARY REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THE
EDUCATIONAL SERVICES REQUIRED BY SECTION FIVE HUNDRED NINE-I OF THIS
TITLE AND THE TREATMENT REQUIREMENTS PURSUANT TO SECTION FIVE HUNDRED
NINE-G OF THIS TITLE.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
ONE YEAR AFTER THE OPENING OF THE CENTER, AND EVERY YEAR THEREAFTER.
SUCH REPORT SHALL INCLUDE AT LEAST THE FOLLOWING:
A. STATISTICAL DATA REGARDING THE NUMBER OF CHILDREN DETAINED AND/OR
PLACED AT THE CENTER THROUGHOUT THE YEAR;
B. AN ANALYSIS OF THE ALCOHOL AND SUBSTANCE ABUSE TREATMENT PROGRAMS
OFFERED BY THE CENTER, AND A SUMMARY OF THE EFFECTIVENESS OF SUCH
PROGRAMS ON AFFECTED CHILDREN;
C. AN ANALYSIS OF THE EDUCATIONAL SERVICES PROVIDED BY THE CENTER,
INCLUDING STATISTICAL DATA REGARDING THE NUMBER OF CHILDREN WHO EARN
HIGH SCHOOL OR GENERAL EQUIVALENCY DIPLOMAS; AND
D. INFORMATION PERTAINING TO THE AFTERCARE PROGRAM AND THE PLACEMENT
OF CHILDREN INTO THE WORKFORCE.
3. THE COMMISSIONER SHALL EVALUATE THE CENTER ANNUALLY AFTER THE
CENTER HAS OPENED. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
CONDUCT TWO VISITS ANNUALLY: ONE OF WHICH SHALL BE ANNOUNCED, AND ONE
UNANNOUNCED TO ENSURE FULL COMPLIANCE WITH STATE LAW, AND TO MONITOR AND
COMMENT ON THE GENERAL HEALTH AND WELL BEING OF THE YOUTH AT THE FACILI-
TY. THE COMMISSIONER IS HEREBY AUTHORIZED TO TERMINATE THE CENTER'S
OPERATION IF HE OR SHE DETERMINES THAT IT IS IN THE BEST INTERESTS OF
THE STATE, THE COUNTY, AND THE CHILDREN WHO ARE PLACED WITHIN THE CENTER
TO DO SO.
§ 509-K. STATE REIMBURSEMENT OF FUNDS. SUBJECT TO APPROPRIATION, THE
STATE SHALL REIMBURSE MONROE COUNTY FOR FIFTY PERCENT OF THE COSTS ASSO-
CIATED WITH CONSTRUCTION, IMPLEMENTATION AND MAINTENANCE OF THE CENTER.
§ 6. Section 522 of the executive law, as added by chapter 552 of the
laws of 1993, is amended to read as follows:
§ 522. Actions against persons rendering health care services at the
request of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES;
defense and indemnification. The provisions of section seventeen of the
public officers law shall apply to any person holding a license to prac-
tice a profession pursuant to article one hundred thirty-one, one
hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three,
one hundred thirty-six, one hundred thirty-seven, one hundred thirty-
nine, one hundred forty-one, one hundred forty-three, one hundred
fifty-six or one hundred fifty-nine of the education law, who is render-
ing or has rendered professional services authorized under such license
while acting at the request of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES or a facility of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES OR AT THE MONROE COUNTY JUVENILE JUSTICE CENTER in
providing health care and treatment or professional consultation to
A. 2281 7
residents of [division] OFFICE OF CHILDREN AND FAMILY SERVICES facili-
ties, or to infants of residents while such infants are cared for in
[division] OFFICE OF CHILDREN AND FAMILY SERVICES facilities OR AT THE
MONROE COUNTY JUVENILE JUSTICE CENTER pursuant to section five hundred
sixteen of this [article] SUBTITLE, without regard to whether such
health care and treatment or professional consultation is provided with-
in or without [a division] AN OFFICE OF CHILDREN AND FAMILY SERVICES
facility.
§ 7. The executive law is amended by adding a new section 522-a to
read as follows:
§ 522-A. TRAINING, EDUCATION AND AFTERCARE MODEL PROGRAM. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES.
(B) "PROGRAM" SHALL MEAN THE "TRAINING, EDUCATION AND AFTERCARE MODEL
(TEAM) PROGRAM" AUTHORIZED BY SUBDIVISION TWO OF THIS SECTION.
(C) "JUVENILE DELINQUENT" SHALL MEAN 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, (I) IS NOT CRIMINALLY RESPONSIBLE FOR
SUCH CONDUCT BY REASON OF INFANCY, OR (II) 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.
(D) "CONTRACTOR" SHALL MEAN NOT-FOR-PROFIT OR FOR-PROFIT PROVIDERS OF
ENHANCED INTERVENTIONS FOR JUVENILE DELINQUENTS IN THE MONROE COUNTY
JUVENILE JUSTICE CENTER.
(E) "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
2. (A) MONROE COUNTY IS HEREBY AUTHORIZED TO ESTABLISH THE TRAINING,
EDUCATION AND AFTERCARE MODEL (TEAM) PROGRAM IN THE MONROE COUNTY JUVE-
NILE JUSTICE CENTER TO REDUCE JUVENILE DELINQUENT RECIDIVISM. SUCH
PROGRAM SHALL BE OUTCOME-DRIVEN AND USE RECOGNIZED TREATMENT MODELS
WHICH HAVE BEEN EFFECTIVE IN SERVING AND PLACING AT-RISK YOUTH WITH
MULTIPLE BARRIERS TO EMPLOYMENT.
(B) TO ACCOMPLISH THE PROGRAM OBJECTIVES OF PARAGRAPH (A) OF THIS
SUBDIVISION, TECHNICAL ASSISTANCE SHALL BE PROVIDED TO CENTER STAFF AND
AFTERCARE COUNSELORS TO ACHIEVE THE PROGRAM IMPROVEMENTS DESCRIBED IN
PARAGRAPH (C) OF THIS SUBDIVISION. MONROE COUNTY MAY USE CONTRACTORS
WHO HAVE DEMONSTRATED EFFECTIVENESS IN SERVING AND PLACING AT-RISK YOUTH
WITH MULTIPLE BARRIERS TO EMPLOYMENT TO PROVIDE SUCH TECHNICAL ASSIST-
ANCE, SUBJECT TO A REQUEST FOR PROPOSAL.
(C) THE PROGRAM IMPROVEMENTS SOUGHT SHALL INCLUDE THE FOLLOWING KEY
COMPONENTS:
(I) AFTERCARE AND FOLLOW-UP SERVICES. FULL-TIME AFTERCARE AND
FOLLOW-UP SERVICES SHALL BE PROVIDED FOR THE DURATION OF THE CHILD'S
ASSIGNED AFTERCARE AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ENHANCED
PROCEDURES FOR ENSURING FREQUENT CONTACTS AT EACH PHASE OF AFTERCARE; AN
AUTOMATED CASE MANAGEMENT SYSTEM; AND THE IMPLEMENTATION OF PERFORMANCE
MEASURES, AS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION. THE TYPES OF
AFTERCARE SERVICES PROVIDED SHALL INCLUDE, BUT NOT BE LIMITED TO, JOB
SEARCH ASSISTANCE AND PLACEMENT; JOB COUNSELING; INDEPENDENT LIVING
PLACEMENT AND ASSISTANCE; MENTORING; FAMILY COUNSELING AND SUPPORT FOR
CUSTODIAL AND NON-CUSTODIAL PARENTS; SECURING A SCHOOL PLACEMENT PRIOR
TO RELEASE FROM A FACILITY; AND WHERE APPLICABLE, OUTREACH, REFERRAL AND
ASSISTANCE IN ENROLLING IN THE MILITARY OR ROTC PROGRAMS.
(II) YOUTH SERVICE PLANS. REVISED PROCEDURES SHALL BE ESTABLISHED FOR
DEVELOPING YOUTH SERVICE PLANS TO SET GOALS AND IDENTIFY SERVICES NECES-
A. 2281 8
SARY FOR POST-RELEASE SUCCESS. JUVENILE DELINQUENTS PLACED IN THE
MONROE COUNTY JUVENILE JUSTICE CENTER SHALL HAVE EACH INTAKE ASSESSMENT
REVIEWED AND EXPANDED TO INCLUDE SUCH PLAN WITHIN THIRTY DAYS OF ASSIGN-
MENT TO SUCH CENTER. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
EXISTING TRAINING AND AFTERCARE STAFF TO ENSURE APPROPRIATE PLACEMENT IN
EDUCATION AND ALL TRAINING-RELATED SERVICES, IN ADDITION TO ALCOHOL OR
SUBSTANCE ABUSE, MENTAL HEALTH, OR OTHER SERVICES DEEMED NECESSARY IN
THE ASSESSMENT AND AS A PART OF ENSURING SUCCESSFUL INTERVENTION AND
POST-RELEASE SUCCESS. THE PLAN SHALL BE AMENDED AS APPROPRIATE TO
REFLECT CHANGING SERVICE NEEDS.
(III) EDUCATION SERVICES. TECHNICAL ASSISTANCE SHALL BE PROVIDED ON
THE USE OF NON-TRADITIONAL OPEN ENTRY AND SELF-PACED EDUCATION MODELS
SUCH AS, COMPUTER-ASSISTED INSTRUCTION. SUCH ASSISTANCE SHALL BE INTE-
GRATED WITH WORK-BASED TRAINING.
(IV) TRAINING SERVICES. TECHNICAL ASSISTANCE SHALL BE PROVIDED TO
ENHANCE THE FOLLOWING TYPES OF EMPLOYABILITY AND SOCIALIZATION SKILLS:
OCCUPATIONAL TRAINING PROGRAMS, CONFLICT RESOLUTION, BEHAVIOR MANAGE-
MENT, TEAM WORK, DISCIPLINE TRAINING, JOB SEARCH AND INTERVIEWING TECH-
NIQUES, INDEPENDENT LIVING SKILLS, AND SUBSTANCE ABUSE COUNSELING.
3. SUCH TECHNICAL ASSISTANCE PROVIDED SHALL INCLUDE:
(A) ADVICE AND ASSISTANCE TO EXISTING CENTER STAFF IN IMPROVING EDUCA-
TION AND TRAINING RELATED INTERVENTIONS, AS DESCRIBED IN SUBPARAGRAPHS
(III) AND (IV) OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION TO
SUPPORT SUCCESSFUL AFTERCARE AND REINTEGRATION OF YOUTH INTO THE COMMU-
NITY;
(B) ASSISTANCE TO CENTER STAFF AND AFTERCARE COUNSELORS IN COORDINAT-
ING WITH OTHER SERVICES AND ACCESSING OTHER FUNDS TO ENSURE JUVENILE
DELINQUENTS ARE PLACED IN ANY FULL-TIME COMBINATION OF SCHOOL, EMPLOY-
MENT IN UNSUBSIDIZED OR SUPPORTED WORK, OR FURTHER TRAINING ACTIVITIES
WITHIN ONE WEEK OF RELEASE;
(C) A REVIEW OF TRAINING PROGRAMS, AS DESCRIBED IN SUBPARAGRAPH (IV)
OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, ALONG WITH AN ANAL-
YSIS OF RELATED PROGRAMS THAT SERVE AT-RISK YOUTH TO UPGRADE EXISTING
TRAINING PROGRAMS AND TO ENSURE THE USE OF STATE-OF-THE-ART EQUIPMENT,
INTEGRATION WITH BASIC SKILLS INSTRUCTION, AND A LABOR MARKET DEMAND FOR
THE JOB TRAINING PROVIDED; AND
(D) THE DEVELOPMENT OF PROCEDURES TO ENSURE THAT THE OUTCOMES
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION ARE ESTABLISHED, MEASURED,
AND CONTINUALLY MONITORED FOR EACH JUVENILE DELINQUENT.
4. THE PROGRAM SHALL BE EVALUATED ON ACHIEVEMENT OF PERFORMANCE
OUTCOMES AND PROGRAM EFFECTIVENESS. THE EVALUATION SHALL BE CONDUCTED BY
A RESEARCH INSTITUTE WITHIN THE GREATER MONROE COUNTY AREA WITH ESTAB-
LISHED EXPERTISE IN JUVENILE JUSTICE PROGRAMS AND PRACTICES. A CONTROL
SITE SHALL BE ESTABLISHED TO MEASURE SIMILAR OUTCOMES IN A FACILITY
OFFERING TRADITIONAL SERVICES. THE EVALUATION SHALL BE BASED UPON JUVE-
NILE DELINQUENT OUTCOMES AND THE PROGRAM'S PERFORMANCE.
(A) OUTCOMES SHALL BE ESTABLISHED TO MEASURE PERFORMANCE FOR EACH
JUVENILE DELINQUENT AT A MINIMUM OF TWO INTERVALS--UPON RELEASE AND AT
LEAST TWELVE MONTHS AFTER RELEASE. SUCH OUTCOMES MAY INCLUDE BEHAVIORAL
INCENTIVES AND SHALL MEASURE:
(I) EDUCATION AND TRAINING GAINS WHILE INCARCERATED AND THE INITIAL
PLACEMENT AND WAGE RATE UPON RELEASE; AND
(II) RECIDIVISM RATES, EMPLOYMENT STATUS, AND WAGE LEVELS AT LEAST ONE
YEAR AFTER RELEASE.
(B) THE PROGRAM SHALL BE EVALUATED ON THE SUCCESS OF THE JUVENILE
DELINQUENTS BASED ON THE FOLLOWING MEASURES:
A. 2281 9
(I) JOB PLACEMENT AND TWELVE MONTH RETENTION RATES FOR PARTICIPANTS,
REGARDLESS OF WHETHER EMPLOYMENT HAS BEEN WITH ONE OR MORE EMPLOYERS;
(II) WAGE RATES AT PLACEMENT AND TWELVE MONTHS AFTER INITIAL PLACE-
MENT;
(III) LEARNING GAINS BASED ON PRE- AND POST-TESTING;
(IV) OBTAINING A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT OR RETURNING TO
SCHOOL; AND
(V) RECIDIVISM RATES AT SELECTED INTERVALS AFTER RELEASE.
5. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND EACH
JANUARY FIRST THEREAFTER, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL PREPARE AND SUBMIT A REPORT INCORPORATING THE EVALUATION REQUIRED
BY SUBDIVISION FOUR OF THIS SECTION. THE REPORT SHALL FOCUS ON THE
CENTER, THE NUMBER OF JUVENILE DELINQUENTS SERVED, DEMOGRAPHIC DATA
ABOUT PARTICIPATING DELINQUENTS, INCLUDING BUT NOT LIMITED TO, RACE,
ETHNICITY, LANGUAGE SPOKEN AT HOME, FAMILY INCOME GROUP AND INFORMATION
ON ANY SIBLING INVOLVEMENT WITH FAMILY COURT, AND THE RESULTS OF THE
PROGRAM OUTCOMES REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. THE
REPORT SHALL BE SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY CHIL-
DREN AND FAMILIES COMMITTEES, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND
THE SENATE FINANCE COMMITTEE.
§ 8. Subdivision 1 of section 529 of the executive law, as added by
chapter 906 of the laws of 1973, paragraph (c) as amended and paragraph
(d) as added by chapter 881 of the laws of 1976, is amended to read as
follows:
1. Definitions. [As] EXCEPT AS PROVIDED FOR IN SECTION FIVE HUNDRED
THIRTY-A OF THIS TITLE, 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 released or discharged youth, or youth otherwise in the
custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES, in [a division] AN OFFICE OF CHILDREN AND FAMILY SERVICES
foster family home certified by [the division.] SUCH OFFICE; AND
(d) "[division] OFFICE OF CHILDREN AND FAMILY SERVICES 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 CHIL-
DREN AND FAMILY SERVICES.
§ 9. Subdivision 1 of section 530 of the executive law, as amended by
section 4 of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
1. Definitions. [As] EXCEPT AS PROVIDED FOR IN SECTION FIVE HUNDRED
THIRTY-A OF THIS TITLE, AS used in this section, the term "municipality"
shall mean a county, or a city having a population of one million or
more.
§ 10. The executive law is amended by adding a new section 530-a to
read as follows:
§ 530-A. REIMBURSEMENT FOR DETENTION, PLACEMENT AND AFTERCARE SUPER-
VISION AT THE MONROE COUNTY JUVENILE JUSTICE CENTER. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE TERMS "LOCAL CHARGE" AND "STATE CHARGE" SHALL
HAVE THE SAME MEANING ASCRIBED TO THEM IN THE SOCIAL SERVICES LAW.
2. EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS IN PROVIDING CARE,
MAINTENANCE AND SUPERVISION TO YOUTH IN DETENTION FACILITIES DESIGNATED
A. 2281 10
PURSUANT TO SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF THE FAMILY
COURT ACT AND CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE UPON APPROVAL BY SUCH
OFFICE IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
(A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
SUPERVISION OF STATE CHARGES;
(B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
3. EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT IN
PROVIDING CARE, MAINTENANCE AND SUPERVISION TO YOUTH PLACED IN THE
MONROE COUNTY JUVENILE JUSTICE CENTER SHALL BE SUBJECT TO REIMBURSEMENT
BY THE STATE UPON APPROVAL BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
(A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
SUPERVISION OF STATE CHARGES;
(B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
4. EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT FOR
AFTERCARE SUPERVISION AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FIVE HUNDRED TWENTY-NINE OF THIS TITLE PROVIDED TO ADJUDICATED
JUVENILE DELINQUENTS BY THE MONROE COUNTY JUVENILE JUSTICE CENTER SHALL
BE SUBJECT TO REIMBURSEMENT BY THE STATE UPON APPROVAL BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUCH OFFICE'S RULES AND
REGULATIONS, AS FOLLOWS:
(A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR AFTERCARE SUPERVISION
OF STATE CHARGES; AND
(B) FIFTY PERCENT OF THE AMOUNT EXPENDED BY THE DISTRICT FOR AFTER-
CARE SUPERVISION OF LOCAL CHARGES.
§ 11. This act shall take effect immediately and shall expire and be
deemed repealed 4 years after the initial admittance of a child to
detention or placement; provided that Monroe county shall notify the
legislative bill drafting commission of the date of such initial place-
ment in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.