N.Y. Executive Law § 502: Definitions

§ 502. Definitions. Unless otherwise specified in this article:

1. "Director" means the director of the division for youth.

2. "Division" means the division for youth.

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 a hearing for alleged violation of the conditions of

release from an office of children 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 extension 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 an

offense when the youth was sixteen years of age; or commencing October

first, two thousand nineteen, a youth who committed 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 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.

4. For purposes of this article, the term "youth" shall mean a person

not less than twelve years of age and not more than twenty-two years of

age, unless such youth is over the age of seven and less than twelve

years and is alleged to be or adjudicated a juvenile delinquent, as

applicable, pursuant to subparagraph (iii) of paragraph (a) of

subdivision one of section 301.2 of the family court act.

5. "Placement" means the transfer of a youth to the custody of the

division pursuant to the family court act.

6. "Commitment" means the transfer of a youth to the custody of the

division pursuant to the penal law.

7. "Conditional release" means the transfer of a youth from facility

status to aftercare supervision under the continued custody of the

division.

8. "Discharge" means the termination of division custody of a youth.

9. "Aftercare" means supervision of a youth on conditional release

status under the continued custody of the division.