N.Y. Criminal Procedure Law § 510.15: Commitment of principal under seventeen or eighteen

§ 510.15 Commitment of principal under seventeen or eighteen.

1. When a principal who is under the age of sixteen is committed to

the custody of the sheriff the court must direct that the principal be

taken to and lodged in a place certified by the office of children and

family services as a juvenile detention facility for the reception of

children. When a principal who (a) commencing October first, two

thousand eighteen, is sixteen years of age; or (b) commencing October

first, two thousand nineteen, is sixteen or seventeen years of age, is

committed to the custody of the sheriff, the court must direct that the

principal be taken to and lodged in a place certified by the office of

children and family services in conjunction with the state commission of

correction as a specialized secure juvenile detention facility for older

youth. Where such a direction is made the sheriff shall deliver the

principal in accordance therewith and such person shall although lodged

and cared for in a juvenile detention facility continue to be deemed to

be in the custody of the sheriff. No principal under the age specified

to whom the provisions of this section may apply shall be detained in

any prison, jail, lockup, or other place used for adults convicted of a

crime or under arrest and charged with the commission of a crime without

the approval of the office of children and family services which shall

consult with the commission of correction if the principal is sixteen

years of age or older in the case of each principal and the statement of

its reasons therefor; nor shall a principal under the age specified who

is charged solely with a violation as defined in subdivision three of

section 10.00 of the penal law be subject to detention. The sheriff

shall not be liable for any acts done to or by such principal resulting

from negligence in the detention of and care for such principal, when

the principal is not in the actual custody of the sheriff.

2. Except upon consent of the defendant or for good cause shown, in

any case in which a new securing order is issued for a principal

previously committed to the custody of the sheriff pursuant to this

section, such order shall further direct the sheriff to deliver the

principal from a juvenile detention facility to the person or place

specified in the order.