N.Y. Executive Law § 529-b: Supervision and treatment services for juveniles program

§ 529-b. Supervision and treatment services for juveniles program. 1.

(a) Notwithstanding any provision of law to the contrary, eligible

expenditures by an eligible municipality for services to divert from

detention, residential placement or confinement, as applicable, youth

who are: (i) at risk of, alleged to be, or adjudicated as juvenile

delinquents; (ii) at risk of, or alleged to be or adjudicated as persons

in need of supervision; (iii) alleged to be or convicted as juvenile

offenders; (iv) alleged to be or convicted as youthful offenders; or (v)

alleged to be or convicted as adolescent offenders shall be subject to

state reimbursement under the supervision and treatment services for

juveniles program for up to sixty-two percent of the municipality's

expenditures, subject to available appropriations and exclusive of any

federal funds made available for such purposes, not to exceed the

municipality's distribution under the supervision and treatment services

for juveniles program.

(b) The state funds appropriated for the supervision and treatment

services for juveniles program shall be distributed to eligible

municipalities by the office of children and family services based on a

plan developed by the office which may consider historical information

regarding the number of youth seen at probation intake for an alleged

act of delinquency, the number of youth remanded to detention, the

number of juvenile delinquents placed with the office, the number of

juvenile delinquents and persons in need of supervision placed in

residential care with the municipality, the municipality's reduction in

the use of detention and residential placements, and other factors as

determined by the office. Such plan developed by the office shall be

subject to the approval of the director of the budget. The office is

authorized, in its discretion, to make advance distributions to a

municipality in anticipation of state reimbursement.

2. As used in this section, the term:

(a) "municipality" shall mean a county, or a city having a population

of one million or more and

(b) "supervision and treatment services for juveniles" shall mean

community-based services or programs designed to safely maintain youth

in the community pending a family court disposition or conviction in

criminal court and services or programs provided to eligible youth

pursuant to this section.

3. Supervision and treatment services for juveniles may include but

are not limited to services or programs that:

(a) provide or facilitate support to such youth for mental health

disorders, substance abuse problems, or learning disabilities that

contribute to such youth being at risk for detention, residential

placement, confinement or return to detention or residential placement;

(a-1) provide or facilitate support to youth who are eligible to

receive services pursuant to subparagraph (ii) of paragraph (a) of

subdivision one of this section, and their families, in family support

services programs in accordance with title twelve of article six of the

social services law;

(b) provide temporary respite care, including, but not limited to,

respite provided pursuant to article seven of the family court act;

(c) provide family therapy or support or explore alternate housing

options for youth who are at risk for detention or placement due to the

absence of an available home;

(d) provide post-release support within the youth's community,

including, but not limited to aftercare services; or

(e) reduce arrest rates or recidivism.

3-a. (a) The chief executive officer of the municipality shall

designate a lead agency for the purposes of planning and administering

the municipality's supervision and treatment services for juveniles

program. In order for a municipality to be eligible to receive

reimbursement pursuant to this section, such municipality must submit an

annual plan to the office of children and family services detailing how

the supervision and treatment services for juveniles will be provided

within the municipality. Two or more eligible municipalities within a

close geographic proximity to each other may enter into an agreement to

jointly seek funding for and jointly administer a supervision and

treatment services for juveniles programs to service eligible youth and

families within such municipalities in accordance with this section. The

municipality shall develop such plan in cooperation with the applicable

local governmental departments responsible for probation, law

enforcement, detention, diversion, and social services; and with the

courts, service providers, schools and youth development programs. The

plan must be approved by the chief executive officer of the

municipality, and must include:

(i) an analysis that identifies the neighborhoods or communities from

which the greatest number of juvenile delinquents and persons in need of

supervision are remanded to detention or residentially placed;

(ii) where the use of detention or residential placement in the

municipality shows a significant racial or ethnic disproportionality, a

description of how the services proposed for funding will address such

disproportionality;

(iii) a description of how the services and programs proposed for

funding will reduce the number of youth from the municipality who are

detained and residentially or otherwise placed; how such services and

programs are family-focused; and whether such services and programs are

capable of being replicated across multiple sites;

(iv) a description of the demonstrated effectiveness of such services

and programs or other justification why the services and programs are

proposed for funding;

(v) projected performance outcomes for such services and programs,

including an estimate of the anticipated reductions in detention

utilization and residential placements, and other projected positive

outcomes for youth who participate in the services and programs; and

(vi) for each year that the municipality submits a plan as required by

this section, the municipality must provide the following information

for the most recent preceding year for which such municipality received

funding:

(A) the number of youth who participated in the services and programs

funded pursuant to this section; and

(B) whether the services and programs achieved the projected

reductions in detention utilization and residential placements and other

performance outcomes.

(b) A municipality's plan shall be submitted to the office of children

and family services for review and approval. The office may approve all

or part of the plan based on the potential effectiveness of the plan.

(i) If the office does not approve a plan, the municipality shall have

sixty days to submit an amended plan.

(ii) Upon approval of a plan, the office shall notify the municipality

and post the approved plan on the office of children and family services

website.

(c) The office may require that such claims be submitted to the office

electronically in the manner and format required by the office.

(d) Any municipality submitting claims for reimbursement shall certify

to the office that supervision and treatment services for juveniles

program funds were not used to supplant other state and local funds, and

such claims for reimbursement are not for the same type and level of

services that the municipality provided under any contract in existence

on September thirtieth, two thousand ten that was funded other than

through the office of children and family services as community optional

preventive, alternatives to detention, alternatives to residential

placement, preventive, independent living, or after care services.

4. Two or more eligible municipalities may join together to establish,

operate and maintain supervision and treatment services for juveniles

programs and may make and perform agreements in connection therewith.

Such agreements shall include provisions for the proportionate cost to

be borne by each municipality and for the manner of employment of

personnel and may provide that a fiscal officer of one such municipality

shall be the custodian of the moneys made available for expenditure for

such purposes by all such municipalities and that such fiscal officer

may make payments therefrom upon audit of the appropriate auditing body

or officer of his municipality. In making claims for state reimbursement

pursuant to this section, each municipality shall claim for its

proportionate share of expenditures. However, where the agreement

provides for a disbursing municipality, such disbursing municipality

shall claim for the total joint program expenditures made and shall

disburse the state reimbursement to each participating municipality

based upon the proportionate share of each participating municipality's

expenditures.

5. The office of children and family services shall report to the

governor, the speaker of the assembly, the temporary president of the

senate, the minority leader of the assembly and the minority leader of

the senate no later than July first, two thousand twelve, and each year

thereafter, detailing the implementation and progress of the supervision

and treatment services for juveniles program, as established by this

section. The report shall detail the following information for each

municipality, as defined by this section:

(a) the amount of funds disbursed to date for the previous program

year of the supervision and treatment services for juveniles program;

(b) the amount of juvenile detention funds distributed by such date in

accordance with section five hundred thirty of this title for the

previous program year and, if any, the amount of such funds used for

supervision and treatment services for juveniles program;

(c) the number of alleged and adjudicated juvenile delinquents and

persons in need of supervision and alleged and convicted juvenile

offenders being served by such programs; and

(d) each program name and its provider.