N.Y. Executive Law § 508: Juvenile offender and adolescent offender facilities

§ 508. Juvenile offender and adolescent offender facilities. 1. The

office of children and family services shall maintain secure facilities

for the care and confinement of juvenile offenders and adolescent

offenders committed for a sentence pursuant to the sentencing provisions

of the penal law. Such facilities shall provide appropriate services to

juvenile offenders and adolescent offenders including but not limited to

residential care, educational and vocational training, physical and

mental health services, and employment counseling.

2. Juvenile offenders and adolescent offenders shall be confined in

such facilities until the age of twenty-one in accordance with their

sentences, and shall not be released, discharged or permitted home

visits except pursuant to the provisions of this section.

3. The office of children and family services shall report in writing

to the sentencing court and district attorney, not less than once every

six months during the period of confinement, on the status, adjustment,

programs and progress of the offender.

The office of children and family services may transfer an offender

not less than eighteen years of age to the department of corrections and

community supervision if the commissioner of the office certifies to the

commissioner of corrections and community supervision that there is no

substantial likelihood that the youth will benefit from the programs

offered by office facilities.

4. The office of children and family services may apply to the

sentencing court for permission to transfer a youth not less than

sixteen nor more than eighteen years of age to the department of

corrections and community supervision. Such application shall be made

upon notice to the youth, who shall be entitled to be heard upon the

application and to be represented by counsel. The court shall grant the

application if it is satisfied that there is no substantial likelihood

that the youth will benefit from the programs offered by the office

facilities.

5. The office of children and family services may transfer an offender

not less than eighteen nor more than twenty-one years of age to the

department of corrections and community supervision if the commissioner

of the office certifies to the commissioner of corrections and community

supervision that there is no substantial likelihood that the youth will

benefit from the programs offered by office facilities.

6. At age twenty-one, all juvenile offenders shall be transferred to

the custody of the department of corrections and community supervision

for confinement pursuant to the correction law.

7. While in the custody of the office of children and family services,

an offender shall be subject to the rules and regulations of the office,

except that his or her parole, temporary release and discharge shall be

governed by the laws applicable to incarcerated individuals of state

correctional facilities and his or her transfer to state hospitals in

the office of mental health shall be governed by section five hundred

nine of this title; provided, however, that an otherwise eligible

offender may receive the six-month limited credit time allowance for

successful participation in one or more programs developed by the office

of children and family services that are comparable to the programs set

forth in section eight hundred three-b of the correction law, taking

into consideration the age of offenders. The commissioner of the office

of children and family services shall, however, establish and operate

temporary release programs at office of children and family services

facilities for eligible juvenile offenders and adolescent offenders and

contract with the department of corrections and community supervision

for the provision of parole supervision services for temporary

releasees. The rules and regulations for these programs shall not be

inconsistent with the laws for temporary release applicable to

incarcerated individuals of state correctional facilities. For the

purposes of temporary release programs for juvenile offenders and

adolescent offenders only, when referred to or defined in article

twenty-six of the correction law, "institution" shall mean any facility

designated by the commissioner of the office of children and family

services, "department" shall mean the office of children and family

services, "incarcerated individual" shall mean a juvenile offender or

adolescent offender residing in an office of children and family

services facility, and "commissioner" shall mean the commissioner of the

office of children and family services. Time spent in office of children

and family services facilities and in juvenile detention facilities

shall be credited towards the sentence imposed in the same manner and to

the same extent applicable to incarcerated individuals of state

correctional facilities.

8. Whenever a juvenile offender, adolescent offender or a juvenile

offender or adolescent offender adjudicated a youthful offender shall be

delivered to the director of an office of children and family services

facility pursuant to a commitment to the office of children and family

services, the officer so delivering such person shall deliver to such

facility director a certified copy of the sentence received by such

officer from the clerk of the court by which such person shall have been

sentenced, a copy of the report of the probation officer's investigation

and report, any other pre-sentence memoranda filed with the court, a

copy of the person's fingerprint records, a detailed summary of

available medical records, psychiatric records and reports relating to

assaults, or other violent acts, attempts at suicide or escape by the

person while in the custody of a local detention facility.

9. Notwithstanding any provision of law, including section five

hundred one-c of this article, the office of children and family

services shall make records pertaining to a person convicted of a sex

offense as defined in subdivision (p) of section 10.03 of the mental

hygiene law available upon request to the commissioner of mental health

or the commissioner of the office for people with developmental

disabilities, as appropriate; a case review panel; and the attorney

general; in accordance with the provisions of article ten of the mental

hygiene law.