N.Y. County Law § 218-a: County detention facilities for juvenile delinquents and persons in need of supervision

§ 218-a. County detention facilities for juvenile delinquents and

persons in need of supervision. A. To assure that suitable and

conveniently accessible accommodations and proper and adequate detention

in 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, will be available when required for the temporary

care, maintenance and security of alleged and convicted juvenile

offenders, alleged and adjudicated juvenile delinquents 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 division for youth, 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, and is certified by that division.

2. Authorize a contract between its county and one or more other

counties, which is or are operating a conveniently accessible detention

facility certified by the division for youth and in compliance with

regulations of the division for youth, 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 therefor, on a per capita basis, pursuant to the

terms of such contract.

3. Authorize a contract between its county and one or more other

counties providing for the joint operation and maintenance by them of an

already established county detention facility certified by the state

division for youth and operated and maintained in compliance with the

regulations of the division for youth, 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

counties 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

and which shall be established, operated and maintained in compliance

with the regulations of the division for youth.

5. The resolution providing for joint action under three or four above

shall be adopted by the board of supervisors 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 commissioner 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 provide for adequate

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 provide

for adequate 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 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.

B. Notwithstanding any other provision of law, each board of

supervisors shall provide or assure the availability of conveniently

accessible and adequate non-secure detention facilities, certified by

the state division for youth, 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

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 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.