S T A T E O F N E W Y O R K
________________________________________________________________________
7445
2023-2024 Regular Sessions
I N S E N A T E
May 26, 2023
___________
Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the executive law and the
county law, in relation to providing temporary holding facilities for
adolescent offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5-a of section 120.90 of the criminal procedure
law, as added by section 16 of part WWW of chapter 59 of the laws of
2017, is amended to read as follows:
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 in
session, such officer [must] SHALL 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. IF NO
SUCH MAGISTRATE IS AVAILABLE AND AN ARRESTED JUVENILE OR ADOLESCENT
OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH OFFICER SHALL
BRING THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE, TO A
SECURE JUVENILE DETENTION FACILITY OR TO A SPECIALIZED SECURE DETENTION
FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH SECTION 510.15 OF
THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY AVAILABLE, TO A
TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY. THE ARRESTED JUVENILE
OR ADOLESCENT OFFENDER MAY BE HELD IN SUCH DETENTION OR HOLDING FACILITY
PENDING THE NEXT SESSION OF THE YOUTH PART OR THE AVAILABILITY OF A
MAGISTRATE DESIGNATED HEREUNDER, WHICHEVER IS SOONER, BUT IN NO EVENT TO
EXCEED EIGHTEEN HOURS.
§ 2. Subdivision 8 of section 140.20 of the criminal procedure law, as
added by section 19 of part WWW of chapter 59 of the laws of 2017, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08976-01-3
S. 7445 2
8. If the arrest is for a juvenile offender or adolescent offender
other than an arrest for a violation or a traffic infraction, such
offender shall be brought before the youth part of the superior court.
If the youth part is not in session, such offender shall be brought
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. IF NO SUCH MAGISTRATE IS AVAILABLE AND AN ARRESTED JUVENILE OR
ADOLESCENT OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH OFFI-
CER SHALL BRING THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS APPLI-
CABLE, TO A SECURE JUVENILE DETENTION FACILITY OR TO A SPECIALIZED
SECURE DETENTION FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH
SECTION 510.15 OF THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY
AVAILABLE, TO A TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY. THE
OFFENDER MAY BE HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE
NEXT SESSION OF THE YOUTH PART OR THE AVAILABILITY OF A MAGISTRATE
DESIGNATED HEREUNDER, WHICHEVER IS SOONER, BUT IN NO EVENT TO EXCEED
EIGHTEEN HOURS.
§ 3. Subdivision 3-a of section 140.27 of the criminal procedure law,
as added by section 22 of part WWW of chapter 59 of the laws of 2017, is
amended to read as follows:
3-a. If the arrest is for a juvenile offender or adolescent offender
other than an arrest for violations or traffic infractions, such offen-
der shall be brought before the youth part of the superior court. If
the youth part is not in session, such offender 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.
IF NO SUCH MAGISTRATE IS AVAILABLE AND THE ARRESTED JUVENILE OR ADOLES-
CENT OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH OFFICER
SHALL BRING THE ARRESTED JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE,
TO A SECURE JUVENILE DETENTION FACILITY OR TO A SPECIALIZED SECURE
DETENTION FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH SECTION
510.15 OF THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY AVAIL-
ABLE, TO A TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY. THE OFFEN-
DER MAY BE HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE NEXT
SESSION OF THE YOUTH PART OR THE AVAILABILITY OF A MAGISTRATE DESIGNATED
HEREUNDER, WHICHEVER IS SOONER, BUT IN NO EVENT TO EXCEED EIGHTEEN
HOURS.
§ 4. Paragraph (b) of subdivision 2 of section 410.40 of the criminal
procedure law, as added by section 32 of part WWW of chapter 59 of the
laws of 2017, is amended to read as follows:
(b) 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 officer certified as a peace
officer, such executing officer shall, where a defendant is sixteen
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
on or after October first, two thousand eighteen, or 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 on or after October first, two thousand nineteen, bring the
defendant without unnecessary delay before the youth part, provided,
however that if the youth part is not in session, the defendant shall be
brought before the most accessible magistrate designated by the appel-
late division. IF NO SUCH MAGISTRATE IS AVAILABLE AND THE JUVENILE OR
ADOLESCENT OFFENDER CANNOT BE RELEASED PRIOR TO ARRAIGNMENT, SUCH OFFI-
CER SHALL BRING THE JUVENILE OR ADOLESCENT OFFENDER, AS APPLICABLE, TO A
S. 7445 3
SECURE JUVENILE DETENTION FACILITY OR TO A SPECIALIZED SECURE DETENTION
FACILITY FOR OLDER YOUTH CERTIFIED IN ACCORDANCE WITH SECTION 510.15 OF
THIS CHAPTER OR, IF SUCH A FACILITY IS NOT REASONABLY AVAILABLE, TO A
TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY. THE OFFENDER MAY BE
HELD IN SUCH DETENTION OR HOLDING FACILITY PENDING THE NEXT SESSION OF
THE YOUTH PART OR THE AVAILABILITY OF A MAGISTRATE DESIGNATED HEREUNDER,
WHICHEVER IS SOONER, BUT IN NO EVENT TO EXCEED EIGHTEEN HOURS.
§ 5. Subdivision 3 of section 502 of the executive law, as amended by
section 19 of part K of chapter 56 of the laws of 2019, is amended to
read as follows:
3. "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three of the family court act,
or held pending ISSUANCE OF A SECURING ORDER IF THE YOUTH IS CHARGED AS
A JUVENILE OFFENDER OR ADOLESCENT OFFENDER OR HELD PENDING a hearing for
alleged violation of the conditions of release from an office of chil-
dren and family services facility or authorized agency, or held pending
a hearing for alleged violation of the condition of parole as a juvenile
offender, youthful offender or adolescent 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, youthful
offender or adolescent offender or held pending a hearing on an exten-
sion of placement or held pending transfer to a facility upon commitment
or placement by a court. Only alleged or convicted juvenile offenders,
youthful offenders or adolescent offenders who have not attained their
eighteenth or, commencing October first, two thousand eighteen, their
twenty-first birthday shall be subject to detention in a detention
facility. Commencing October first, two thousand eighteen, a youth who
on or after such date [committed] IS CHARGED WITH COMMITTING an offense
when the youth was sixteen years of age; or commencing October first,
two thousand nineteen, a youth who [committed] IS CHARGED WITH COMMIT-
TING an offense on or after such date when the youth was seventeen years
of age held pursuant to a securing order of a criminal court if the
youth is charged as an adolescent offender or held pending a hearing for
alleged violation of the condition of parole as an adolescent offender,
[must] SHALL be held in a specialized secure juvenile detention facility
for older youth certified by the state office of children and family
services in conjunction with the state commission of correction, OR
PENDING ISSUANCE OF A SECURING ORDER HELD FOR NO LONGER THAN EIGHTEEN
HOURS IN A SPECIALIZED SECURE DETENTION FACILITY FOR OLDER YOUTH OR A
TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITY FOR ADOLESCENT YOUTH.
§ 6. The executive law is amended by adding a new section 503-b to
read as follows:
§ 503-B. TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITIES FOR JUVE-
NILE AND ADOLESCENT OFFENDERS. 1. THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL ESTABLISH REGULATIONS FOR THE OPERATION OF TEMPORARY
PRE-APPEARANCE SECURE HOLDING FACILITIES FOR JUVENILE AND ADOLESCENT
OFFENDERS PURSUANT TO THIS ARTICLE AND SUBDIVISION SIX OF SECTION TWO
HUNDRED EIGHTEEN-A OF THE COUNTY LAW. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE OFFICE, IN CONSULTATION WITH THE STATE COMMISSION
OF CORRECTION, SHALL JOINTLY REGULATE, CERTIFY, VISIT, INSPECT AND
SUPERVISE TEMPORARY PRE-APPEARANCE SECURE HOLDING FACILITIES FOR ADOLES-
CENT OFFENDERS. THE OFFICE SHALL MAINTAIN A LIST ON-LINE OF ALL FACILI-
TIES CERTIFIED FOR THE TEMPORARY PRE-APPEARANCE HOLDING OF ADOLESCENT
OFFENDERS AND SHALL FILE A COPY OF THAT LIST PERIODICALLY WITH THE CLERK
S. 7445 4
OF THE YOUTH PART ESTABLISHED IN EACH COUNTY IN ACCORDANCE WITH ARTICLE
SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW.
2. THE HOLDING FACILITIES SHALL TEMPORARILY ACCOMMODATE JUVENILE AND
ADOLESCENT OFFENDERS, AS DEFINED, RESPECTIVELY, IN SUBDIVISIONS FORTY-
TWO AND FORTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO
ARE AWAITING AN APPEARANCE BEFORE A YOUTH PART OF A SUPERIOR COURT OR AN
AVAILABLE DESIGNATED MAGISTRATE, WHICHEVER IS EARLIER, AND WHO MAY
NEITHER BE RELEASED NOR REASONABLY HELD TEMPORARILY IN A SECURE JUVENILE
DETENTION FACILITY OR A SPECIALIZED SECURE DETENTION FACILITY FOR OLDER
YOUTH, AS APPLICABLE, PENDING SUCH APPEARANCE. NO JUVENILE OR ADOLESCENT
OFFENDER MAY BE HELD IN A HOLDING FACILITY UNDER THIS SECTION FOR MORE
THAN EIGHTEEN HOURS.
3. NO JUVENILE OR ADOLESCENT OFFENDERS MAY BE HELD IN A HOLDING FACIL-
ITY ESTABLISHED PURSUANT TO THIS SECTION UNLESS THE FACILITY HAS BEEN
CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE REGULATIONS
OF SUCH OFFICE SHALL SET FORTH PROCEDURES AND REQUIREMENTS FOR SUCH
CERTIFICATION, INCLUDING REQUIREMENTS FOR A MAXIMUM CAPACITY THAT MAY
NOT BE EXCEEDED AND FOR BACKGROUND CHECKS OF ALL EMPLOYEES. THE REGU-
LATIONS SHALL ALSO DELINEATE PROCEDURES FOR THE RENEWAL OF THE CERTIF-
ICATION AND, UPON GOOD CAUSE, FOR THE SUSPENSION AND REVOCATION OF THE
CERTIFICATION, INCLUDING A RIGHT TO A PRE-REVOCATION HEARING.
4. THE FACILITIES SHALL BE APPROPRIATE FOR THE CARE OF JUVENILE AND
ADOLESCENT OFFENDERS AND SHALL NOT BE JAIL-LIKE IN APPEARANCE. IF SUCH
FACILITIES ARE CO-LOCATED WITH ANY PRISON, JAIL, LOCKUP OR OTHER PLACE
USED FOR ADULTS CONVICTED OF OR UNDER ARREST FOR A CRIME, THERE SHALL BE
SIGHT AND SOUND SEPARATION BETWEEN THE JUVENILE AND ADOLESCENT OFFENDERS
HELD IN SUCH FACILITIES AND ANY ADULTS IN SUCH PRISON, JAIL, LOCKUP OR
OTHER PLACE. THE HOLDING FACILITIES SHALL BE SUPERVISED AT ALL TIMES BY
STAFF TRAINED IN THE CARE OF JUVENILE AND ADOLESCENT OFFENDERS AND SHALL
CONTAIN CLEAN, WELL-MAINTAINED FACILITIES.
§ 7. Section 218-a of the county law, as amended by chapter 880 of the
laws of 1976, the opening paragraph of subdivision A as amended by chap-
ter 465 of the laws of 1992, paragraphs 1, 2, 3, and 4 of subdivision A
as amended by chapter 555 of the laws of 1978, paragraph 6 of subdivi-
sion A as added by section 82-b of part WWW of chapter 59 of the laws of
2017, subdivision B as amended by chapter 419 of the laws of 1987 and
subdivision C as added by section 12 of part E of chapter 57 of the laws
of 2005, is amended to read as follows:
§ 218-a. County detention facilities for juvenile delinquents, JUVE-
NILE AND ADOLESCENT OFFENDERS and persons in need of supervision. A.
[To] THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS TO assure that suitable and conveniently accessible accommo-
dations and proper and adequate detention in secure, SPECIALIZED SECURE
and non-secure detention facilities, as defined in section five hundred
two of the executive law and the regulations of [the division for youth]
SUCH OFFICE, will be available when required for the temporary care,
maintenance and security of alleged and convicted juvenile offenders,
alleged and adjudicated juvenile delinquents, ALLEGED AND CONVICTED
ADOLESCENT OFFENDERS and alleged and adjudicated persons in need of
supervision. Such regulations shall not require any county to provide
temporary care in a secure detention facility for residents of any other
county except upon a space available basis. The county executive, if
there be one, otherwise the board of supervisors shall designate the
agency of county government responsible for the administration of the
county juvenile detention program and shall so advise the New York state
S. 7445 5
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, and may
make provisions therefor as follows:
1. Provide for the continued operation of the county's established
detention facility, so long as it complies with regulations of the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, and is
certified by [that division] SUCH OFFICE.
2. Authorize a contract between its county and one or more other coun-
ties, which is or are operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and in compliance with regulations of [the division for
youth] SUCH OFFICE, providing for the reception, temporary accommodation
and care in such facility of alleged or adjudicated juvenile delinquents
and persons in need of supervision held for or at the direction of its
family court, for and in consideration of the payments to be made there-
for, on a per capita basis, pursuant to the terms of such contract.
3. Authorize a contract between its county and one or more other coun-
ties providing for the joint operation and maintenance by them of an
already established county detention facility certified by the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and operated
and maintained in compliance with the regulations of [the division for
youth] SUCH OFFICE, which is conveniently accessible to the counties
concerned. Such authorization and contract may include provisions for
remodeling or enlarging the building of such facility.
4. Authorize a contract between its county and one or more other coun-
ties providing for the joint establishment, operation and maintenance by
such counties of a new joint county detention facility which shall be
located on a site conveniently accessible to the counties concerned and
which shall be certified by the state [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES and which shall be established, operated
and maintained in compliance with the regulations of [the division for
youth] SUCH OFFICE.
5. The resolution providing for joint action under PARAGRAPH three or
four [above] OF THIS SUBDIVISION shall be adopted by the board of super-
visors of each of the several counties affected, and a committee
composed of at least one member of each of such boards shall be created
to acquire the necessary real property in the name of the counties
affected, and as the joint agent of such counties such committee shall
have charge of the construction, equipment, maintenance and operation of
such joint county detention facility and, with the advice of an advisory
committee consisting of the judge of the family court and the commis-
sioner of social services of each of said counties, shall supervise and
control the maintenance and operation of such joint county detention
facility. The said resolution may specify the matters as to which the
action of such committee shall require the joint approval of the boards
of supervisors of all the counties affected and shall prescribe the
proportions to be borne by each of the several counties affected of the
costs of acquisition of the site and of construction of a new joint
county detention facility and the proportions to be borne by each of the
several counties affected of the costs of operation of such joint county
detention facility, whether established by new joint acquisition and
construction or by utilization of an existing county detention facility.
The moneys to pay the share to be borne by each county affected shall be
provided by appropriation in such amounts and at such times as may be
agreed upon.
6. Notwithstanding any other provision of law, commencing October
first, two thousand eighteen, a county [must] SHALL provide for adequate
S. 7445 6
detention of alleged or convicted adolescent offenders in a specialized
secure detention facility for older youth who are alleged or convicted
of committing an offense when they were sixteen years of age and
commencing October first, two thousand nineteen, a county [must] SHALL
provide for adequate detention of alleged or convicted adolescent offen-
ders in a specialized secure detention facility for older youth who are
alleged or convicted of committing an offense when they were sixteen or
seventeen years of age. Such facility shall be certified and regulated
by the office of children and family services in conjunction with the
state commission of correction. Such facility shall: (i) have enhanced
security features and specially trained staff; and (ii) be jointly
administered by the agency of county government designated in accordance
with subdivision A of this section and the applicable county sheriff,
which both shall have the power to perform all acts necessary to carry
out their duties. The county sheriff shall be subject to the same laws
that apply to the designated county agency regarding the protection and
confidentiality of the information about the youth in such facility and
shall prevent access thereto by, or the distribution thereof to, persons
not authorized by law. WHERE A COUNTY IS NOT LOCATED IN PROXIMITY TO A
SECURE JUVENILE DETENTION FACILITY FOR JUVENILE OFFENDERS OR A SPECIAL-
IZED SECURE DETENTION FACILITY FOR OLDER YOUTH ADOLESCENT OFFENDERS, IT
MAY ESTABLISH, ON AN AS-NEEDED BASIS, ONE OR MORE TEMPORARY PRE-APPEAR-
ANCE SECURE HOLDING FACILITIES FOR JUVENILE AND ADOLESCENT OFFENDERS IN
ACCORDANCE WITH SECTION FIVE HUNDRED THREE-B OF THE EXECUTIVE LAW. SUCH
HOLDING FACILITIES SHALL BE CERTIFIED AND REGULATED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF
CORRECTION AND SHALL BE AVAILABLE TO HOLD FOR NO MORE THAN EIGHTEEN
HOURS ANY JUVENILE OR ADOLESCENT OFFENDER WHO CANNOT BE RELEASED OR HELD
IN A SECURE JUVENILE DETENTION FACILITY OR SPECIALIZED SECURE DETENTION
FACILITY FOR OLDER YOUTH, AS APPLICABLE, PENDING AN APPEARANCE BEFORE A
YOUTH PART OR ACCESSIBLE MAGISTRATE, WHICHEVER IS SOONER.
B. Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified by the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as
resources for the family court in the county pursuant to articles seven
and three of the family court act, to be operated in compliance with the
regulations of [the division for youth] SUCH OFFICE for the temporary
care and maintenance of alleged and adjudicated juvenile delinquents and
persons in need of supervision held for or at the direction of a family
court.
C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under [article] ARTICLES THREE
AND seven of the family court act. Such services shall be designed to
provide an immediate response to families in crisis and to identify and
utilize appropriate alternatives to juvenile detention.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law.