S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7261
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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
 MALTREATMENT OR ABUSE AND COMPLAINTS REGARDING CONDITIONS  OF  PLACEMENT
 OR  CONFINEMENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALLOW
 PRISONERS' LEGAL SERVICES OF NEW YORK QUARTERLY ACCESS TO  SUCH  FACILI-
 TIES  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.
                                                            LBD00658-01-3
              

 A. 7261                             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
 MALTREATED OR ABUSED, OR THAT A YOUTH HAS MADE ALLEGATIONS OF  MALTREAT-
 MENT  OR  ABUSE, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE COMMISSIONER
 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  JUSTICE  CENTER  FOR
 THE  PROTECTION  OF  PEOPLE  WITH SPECIAL NEEDS, 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 MALTREATMENT OR 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-ONE, ONE THOU-
 SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR
 ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED  WITH
 A  RELATIVE  PURSUANT  TO SECTION ONE THOUSAND SEVENTEEN 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  A
 COMPLAINT  OF MALTREATMENT OR ABUSE OR A COMPLAINT REGARDING A CONDITION
 OF PLACEMENT OR 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,
 A. 7261                             3
 
 SHALL  HAVE  THE  POWER AND AUTHORITY TO PROVIDE LEGAL REPRESENTATION TO
 YOUTH RESIDING IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER-
 ATED, MAINTAINED OR CERTIFIED BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE 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, PRISON-
 ERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE ATTORNEY FOR  THE  CHILD
 OR  RETAINED  COUNSEL  OR  APPOINTED COUNSEL, IF ANY, WHO REPRESENT SUCH
 YOUTH AT THE TIME THE COMPLAINT IS RECEIVED. UPON  COMMENCING  REPRESEN-
 TATION  OF  A  YOUTH PURSUANT TO THIS SECTION, PRISONERS' LEGAL SERVICES
 SHALL PROVIDE NOTICE TO THE PARENT, GUARDIAN, OR CUSTODIAN OF THE YOUTH.
 UPON COMMENCING REPRESENTATION OF A  YOUTH  PURSUANT  TO  THIS  SECTION,
 PRISONERS'  LEGAL  SERVICES SHALL PROVIDE NOTICE TO THE LOCAL DEPARTMENT
 OF SOCIAL SERVICES AND/OR ENTITY WHICH IS THE TEMPORARY CUSTODIAN OF THE
 YOUTH OR WHICH FACILITATES THE YOUTH'S PLACEMENT OR CONFINEMENT  AT  THE
 TIME THE COMPLAINT IS RECEIVED.
   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.  THE ENTITY PROVIDING
 DOCUMENTS SHALL HAVE THE AUTHORITY TO REMOVE AND/OR REDACT THE CONFIDEN-
 TIAL INFORMATION OF ANY YOUTH CONTAINED IN THE  DOCUMENTS  PROVIDED  WHO
 ARE NOT REPRESENTED BY PRISONERS' LEGAL SERVICES.
   3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI-
 DENTIAL  TOLL-FREE  HOTLINE  FOR  THE  PURPOSE  OF  RECEIVING REPORTS OF
 MALTREATMENT OR 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-ONE, ONE THOU-
 SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR
 ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED  WITH
 A  RELATIVE  PURSUANT  TO SECTION ONE THOUSAND SEVENTEEN 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.