N.Y. Executive Law § 530: Reimbursement for detention

§ 530. Reimbursement for detention. 1. Definitions. As used in this

section, the term "municipality" shall mean a county, or a city having a

population of one million or more.

2. Expenditures made by municipalities in providing care, maintenance

and supervision to youth in detention facilities designated pursuant to

section 305.2 of the family court act and certified by office of

children and family services, shall be subject to reimbursement by the

state, as follows:

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

expenditures by a municipality during a particular program year for the

care, maintenance and supervision in secure and non-secure detention

facilities certified by the office in accordance with section five

hundred three of this article for those youth alleged to be juvenile

delinquents; adjudicated juvenile delinquents held pending transfer to a

facility upon placement, and juvenile delinquents held at the request of

the office of children and family services pending extension of

placement hearings or release revocation hearings or while awaiting

disposition of such hearings; and youth alleged to be or convicted as

juvenile offenders, youthful offenders and adolescent offenders and

prior to January first, two thousand twenty, youth alleged to be persons

in need of supervision or adjudicated persons in need of supervision

held pending transfer to a facility upon placement in foster care

programs certified by the office of children and family services,

certified or approved foster boarding homes and non-secure detention

facilities certified by the office, shall be subject to state

reimbursement for up to fifty percent of the municipality's

expenditures, exclusive of any federal funds made available for such

purposes, not to exceed the municipality's distribution from funds that

have been appropriated specifically therefor for that program year.

Municipalities shall implement the use of detention risk assessment

instruments in a manner prescribed by the office so as to inform

detention decisions. Notwithstanding any other provision of state law to

the contrary, data necessary for completion of a detention risk

assessment instrument may be shared among law enforcement, probation,

courts, detention administrators, detention providers, and the attorney

for the child upon retention or appointment; solely for the purpose of

accurate completion of such risk assessment instrument, and a copy of

the completed detention risk assessment instrument shall be made

available to the applicable detention provider, the attorney for the

child and the court.

(b) The state funds appropriated for juvenile detention services 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 remanded

to detention, the municipality's reduction in the use of detention, the

municipality's youth population, 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.

(c) A municipality may also use the funds distributed to it for

juvenile detention services under this section for a particular program

year for sixty-two percent of a municipality's eligible expenditures for

supervision and treatment services for juveniles programs approved under

section five hundred twenty-nine-b of this title for services that were

not reimbursed from a municipality's distribution under such program

provided to at-risk, alleged or adjudicated juvenile delinquents or

persons alleged or adjudicated to be in need of supervision, or alleged

to be or convicted as juvenile offenders in community-based

non-residential settings. Any claims submitted by a municipality for

reimbursement for detention services or supervision and treatment

services for juveniles provided during a particular program year for

which the municipality does not receive state reimbursement from the

municipality's distribution of detention services funds for that program

year may not be claimed against the municipality's distribution of funds

available under this section for the next applicable program year. The

office may require that such claims be submitted to the office

electronically at such times and in the manner and format required by

the office.

(d) (i) Notwithstanding any provision of law or regulation to the

contrary, any information or data necessary for the development,

validation or revalidation of the detention risk assessment instrument

shall be shared among local probation departments, the office of

probation and correctional alternatives and, where authorized by the

division of criminal justice services, the entity under contract with

the division to provide information technology services related to youth

assessment and screening, the office of children and family services,

and any entity under contract with the office of children and family

services to provide services relating to the development, validation or

revalidation of the detention risk assessment instrument. Any such

information and data shall not be commingled with any criminal history

database. Any information and data used and shared pursuant to this

section shall only be used and shared for the purposes of this section

and in accordance with this section. Such information shall be shared

and received in a manner that protects the confidentiality of such

information. The sharing, use, disclosure and redisclosure of such

information to any person, office, or other entity not specifically

authorized to receive it pursuant to this section or any other law is

prohibited.

(ii) The office of children and family services shall consult with

individuals with professional research experience and expertise in

criminal justice; social work; juvenile justice; and applied

mathematics, psychometrics and/or statistics to assist the office in

determining the method it will use to: develop, validate and revalidate

such detention risk assessment instrument; and analyze the effectiveness

of the use of such detention risk assessment instrument in accomplishing

its intended goals; and analyze, to the greatest extent possible any

disparate impact on detention outcomes for juveniles based on race, sex,

national origin, economic status and any other constitutionally

protected class, regarding the use of such instrument. The office shall

consult with such individuals regarding whether it is appropriate to

attempt to analyze whether there is any such disparate impact based on

sexual orientation and, if so, the best methods to conduct such

analysis. The office shall take into consideration any recommendations

given by such individuals involving improvements that could be made to

such instrument and process.

(iii) Data collected for the purposes of completing the detention risk

assessment instrument from any source other than an officially

documented record shall be confirmed as soon as practicable. Should any

data originally utilized in completing the risk assessment instrument be

found to conflict with the officially documented record, the risk

assessment instrument shall be completed with the officially documented

data and any corresponding revision to the risk categorization shall be

made. The office shall periodically revalidate any approved risk

assessment instrument. The office shall conspicuously post any approved

detention risk assessment instrument on its website and shall confer

with appropriate stakeholders, including but not limited to, attorneys

for children, presentment agencies, probation, and the family court,

prior to revising any validated risk assessment instrument. Any such

revised risk assessment instrument shall be subject to periodic

empirical validation.

3. Wherever detention services are not provided directly or indirectly

by a municipality, the municipality shall act as the intermediary

between the office of children and family services and the agency

lawfully providing such services, for the purpose of claiming and

receiving reimbursement, furnishing financial information and obtaining

approval for reserved accommodations pursuant to this section.

4. (a) The municipality must notify the office of children and family

services of state aid received under other state aid formulas by each

detention facility for which the municipality is seeking reimbursement

pursuant to this section, including but not limited to, aid for

education, probation and mental health services.

(b) In computing reimbursement to the municipality pursuant to this

section, the office shall insure that the aggregate of state aid under

all state aid formulas shall not exceed fifty percent of the cost of

care, maintenance and supervision provided to detainees eligible for

state reimbursement under subdivision two of this section, exclusive of

federal aid for such purposes not to exceed the amount of the

municipality's distribution under the juvenile detention services

program.

(c) Reimbursement for administrative related expenditures as defined

by the office of children and family services, for secure and nonsecure

detention services shall not exceed seventeen percent of the total

approved expenditures for facilities of twenty-five beds or more and

shall not exceed twenty-one percent of the total approved expenditures

for facilities with less than twenty-five beds.

5. (a) Except as provided in paragraph (b) of this subdivision, care,

maintenance and supervision for the purpose of this section shall mean

and include only:

(1) temporary care, maintenance and supervision provided to alleged

juvenile delinquents in detention facilities certified pursuant to

section 305.2 of the family court act by the office of children and

family services, pending adjudication of alleged delinquency by the

family court, or pending transfer to institutions to which committed or

placed by such court or while awaiting disposition by such court after

adjudication or held pursuant to a securing order of a criminal court if

the person named therein as principal is under seventeen years of age;

or

(1-a) commencing on October first, two thousand nineteen, temporary

care, maintenance, and supervision provided to alleged juvenile

delinquents in detention facilities certified by the office of children

and family services, pending adjudication of alleged delinquency by the

family court, or pending transfer to institutions to which committed or

placed by such court or while awaiting disposition by such court after

adjudication or held pursuant to a securing order of a criminal court if

the person named therein as principal is under twenty-one; or

(2) temporary care, maintenance and supervision provided juvenile

delinquents in approved detention facilities at the request of the

office of children and family services pending release revocation

hearings or while awaiting disposition after such hearings; or

(3) temporary care, maintenance and supervision in approved detention

facilities for youth held pursuant to the family court act or the

interstate compact on juveniles, pending return to their place of

residence or domicile; or

(4) prior to January first, two thousand twenty temporary care,

maintenance and supervision provided youth detained in foster care

facilities or certified or approved family boarding homes pursuant to

article seven of the family court act.

(b) Payments made for reserved accommodations, whether or not in full

time use, approved and certified by the office of children and family

services and certified pursuant to section 305.2 of the family court

act, in order to assure that adequate accommodations will be available

for the immediate reception and proper care therein of youth for which

detention costs are reimbursable pursuant to paragraph (a) of this

subdivision, shall be reimbursed as expenditures for care, maintenance

and supervision under the provisions of this section, provided the

office shall have given its prior approval for reserving such

accommodations.

6. The office of children and family services may adopt, amend, or

rescind all rules and regulations, subject to the approval of the

director of the budget and certification to the chairmen of the senate

finance and assembly ways and means committees, necessary to carry out

the provisions of this section.

7. The agency administering detention for each county and the city of

New York shall submit to the office of children and family services, at

such times and in such form and manner and containing such information

as required by the office of children and family services, an annual

report on youth remanded pursuant to article three or seven of the

family court act who are detained during each calendar year including,

commencing January first, two thousand twelve, the risk level of each

detained youth as assessed by a detention risk assessment instrument

approved by the office of children and family services provided,

however, that the report due January first, two thousand twenty-one and

thereafter shall not be required to contain any information on youth who

are subject to article seven of the family court act. The office may

require that such data on detention use be submitted to the office

electronically. Such report shall include, but not be limited to, the

reason for the court's determination in accordance with section 320.5 or

seven hundred thirty-nine of the family court act to detain the youth;

the offense or offenses with which the youth is charged; and all other

reasons why the youth remains detained. The office shall submit a

compilation of all the separate reports to the governor and the

legislature.

8. Notwithstanding any law to the contrary, on or after January first,

two thousand twenty, the state shall not reimburse for the cost of the

detention of any person in need of supervision under article seven of

the family court act.