N.Y. Executive Law § 504-a: Secure facilities

§ 504-a. Secure facilities. 1. As used in this article, "secure

facility" means a residential facility in which a juvenile delinquent

may be placed under this article, which is characterized by physically

restricting construction, hardware and procedures, and is designated as

a secure facility by the division under this section.

2. Secure facilities shall provide appropriate services to the

residents, including but not limited to: residential care, educational

and vocational training, physical and mental health services, and

employment counseling.

3. A youth shall be placed in or transferred to a secure facility

only:

(a) by order of the family court pursuant to section 353.5 of the

family court act; or

(b) after a hearing pursuant to regulations of the division, with the

written approval of the director of the division or his or her designee.

4. The division shall promulgate regulations governing secure

facilities of the division, including but not limited to:

(a) limitations as to capacity;

(b) services to be provided and conditions to be maintained;

(c) a grievance procedure for residents to be run by the division,

with the use of personnel separate from that of the facility;

(d) procedures for admission to and release or transfer from the

facility;

(e) periodic inspection by the division, not to be conducted by

personnel of the facility.

5. A juvenile delinquent residing in a facility operated pursuant to

this title may be maintained in group confinement if he constitutes a

serious and evident danger to himself or other persons, if such

confinement is clearly necessary to prevent escape, if the child

demonstrates by his behavior that he is in need of special care and

attention in a living unit separate from his normal surroundings, or if

such confinement is necessary for purposes of the child's own

protection. The division shall promulgate regulations providing for a

procedure governing transfers to group confinement and periodic review

of such confinement.