§ 529-b. Supervision and treatment services for juveniles program. 1.
(a) Notwithstanding any provision of law to the contrary, eligible
expenditures by an eligible municipality for services to divert from
detention, residential placement or confinement, as applicable, youth
who are: (i) at risk of, alleged to be, or adjudicated as juvenile
delinquents; (ii) at risk of, or alleged to be or adjudicated as persons
in need of supervision; (iii) alleged to be or convicted as juvenile
offenders; (iv) alleged to be or convicted as youthful offenders; or (v)
alleged to be or convicted as adolescent offenders shall be subject to
state reimbursement under the supervision and treatment services for
juveniles program for up to sixty-two percent of the municipality's
expenditures, subject to available appropriations and exclusive of any
federal funds made available for such purposes, not to exceed the
municipality's distribution under the supervision and treatment services
for juveniles program.

(b) The state funds appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible
municipalities by the office of children and family services based on a
plan developed by the office which may consider historical information
regarding the number of youth seen at probation intake for an alleged
act of delinquency, the number of youth remanded to detention, the
number of juvenile delinquents placed with the office, the number of
juvenile delinquents and persons in need of supervision placed in
residential care with the municipality, the municipality's reduction in
the use of detention and residential placements, and other factors as
determined by the office. Such plan developed by the office shall be
subject to the approval of the director of the budget. The office is
authorized, in its discretion, to make advance distributions to a
municipality in anticipation of state reimbursement.

2. As used in this section, the term:

(a) "municipality" shall mean a county, or a city having a population
of one million or more and

(b) "supervision and treatment services for juveniles" shall mean
community-based services or programs designed to safely maintain youth
in the community pending a family court disposition or conviction in
criminal court and services or programs provided to eligible youth
pursuant to this section.

3. Supervision and treatment services for juveniles may include but
are not limited to services or programs that:

(a) provide or facilitate support to such youth for mental health
disorders, substance abuse problems, or learning disabilities that
contribute to such youth being at risk for detention, residential
placement, confinement or return to detention or residential placement;

(a-1) provide or facilitate support to youth who are eligible to
receive services pursuant to subparagraph (ii) of paragraph (a) of
subdivision one of this section, and their families, in family support
services programs in accordance with title twelve of article six of the
social services law;

(b) provide temporary respite care, including, but not limited to,
respite provided pursuant to article seven of the family court act;

(c) provide family therapy or support or explore alternate housing
options for youth who are at risk for detention or placement due to the
absence of an available home;

(d) provide post-release support within the youth's community,
including, but not limited to aftercare services; or

(e) reduce arrest rates or recidivism.

3-a. (a) The chief executive officer of the municipality shall
designate a lead agency for the purposes of planning and administering
the municipality's supervision and treatment services for juveniles
program. In order for a municipality to be eligible to receive
reimbursement pursuant to this section, such municipality must submit an
annual plan to the office of children and family services detailing how
the supervision and treatment services for juveniles will be provided
within the municipality. Two or more eligible municipalities within a
close geographic proximity to each other may enter into an agreement to
jointly seek funding for and jointly administer a supervision and
treatment services for juveniles programs to service eligible youth and
families within such municipalities in accordance with this section. The
municipality shall develop such plan in cooperation with the applicable
local governmental departments responsible for probation, law
enforcement, detention, diversion, and social services; and with the
courts, service providers, schools and youth development programs. The
plan must be approved by the chief executive officer of the
municipality, and must include:

(i) an analysis that identifies the neighborhoods or communities from
which the greatest number of juvenile delinquents and persons in need of
supervision are remanded to detention or residentially placed;

(ii) where the use of detention or residential placement in the
municipality shows a significant racial or ethnic disproportionality, a
description of how the services proposed for funding will address such
disproportionality;

(iii) a description of how the services and programs proposed for
funding will reduce the number of youth from the municipality who are
detained and residentially or otherwise placed; how such services and
programs are family-focused; and whether such services and programs are
capable of being replicated across multiple sites;

(iv) a description of the demonstrated effectiveness of such services
and programs or other justification why the services and programs are
proposed for funding;

(v) projected performance outcomes for such services and programs,
including an estimate of the anticipated reductions in detention
utilization and residential placements, and other projected positive
outcomes for youth who participate in the services and programs; and

(vi) for each year that the municipality submits a plan as required by
this section, the municipality must provide the following information
for the most recent preceding year for which such municipality received
funding:

(A) the number of youth who participated in the services and programs
funded pursuant to this section; and

(B) whether the services and programs achieved the projected
reductions in detention utilization and residential placements and other
performance outcomes.

(b) A municipality's plan shall be submitted to the office of children
and family services for review and approval. The office may approve all
or part of the plan based on the potential effectiveness of the plan.

(i) If the office does not approve a plan, the municipality shall have
sixty days to submit an amended plan.

(ii) Upon approval of a plan, the office shall notify the municipality
and post the approved plan on the office of children and family services
website.

(c) The office may require that such claims be submitted to the office
electronically in the manner and format required by the office.

(d) Any municipality submitting claims for reimbursement shall certify
to the office that supervision and treatment services for juveniles
program funds were not used to supplant other state and local funds, and
such claims for reimbursement are not for the same type and level of
services that the municipality provided under any contract in existence
on September thirtieth, two thousand ten that was funded other than
through the office of children and family services as community optional
preventive, alternatives to detention, alternatives to residential
placement, preventive, independent living, or after care services.

4. Two or more eligible municipalities may join together to establish,
operate and maintain supervision and treatment services for juveniles
programs and may make and perform agreements in connection therewith.
Such agreements shall include provisions for the proportionate cost to
be borne by each municipality and for the manner of employment of
personnel and may provide that a fiscal officer of one such municipality
shall be the custodian of the moneys made available for expenditure for
such purposes by all such municipalities and that such fiscal officer
may make payments therefrom upon audit of the appropriate auditing body
or officer of his municipality. In making claims for state reimbursement
pursuant to this section, each municipality shall claim for its
proportionate share of expenditures. However, where the agreement
provides for a disbursing municipality, such disbursing municipality
shall claim for the total joint program expenditures made and shall
disburse the state reimbursement to each participating municipality
based upon the proportionate share of each participating municipality's
expenditures.

5. The office of children and family services shall report to the
governor, the speaker of the assembly, the temporary president of the
senate, the minority leader of the assembly and the minority leader of
the senate no later than July first, two thousand twelve, and each year
thereafter, detailing the implementation and progress of the supervision
and treatment services for juveniles program, as established by this
section. The report shall detail the following information for each
municipality, as defined by this section:

(a) the amount of funds disbursed to date for the previous program
year of the supervision and treatment services for juveniles program;

(b) the amount of juvenile detention funds distributed by such date in
accordance with section five hundred thirty of this title for the
previous program year and, if any, the amount of such funds used for
supervision and treatment services for juveniles program;

(c) the number of alleged and adjudicated juvenile delinquents and
persons in need of supervision and alleged and convicted juvenile
offenders being served by such programs; and

(d) each program name and its provider.