Bill S5565-2011

Enacts "Renee's law" to provide greater protection and disclosure to employees of facilities where juvenile delinquents and youthful offenders are placed

Enacts "Renee's Law"; directs the commissioner of children and family services to provide training to all employees of programs and facilities in which youth are placed or committed; grants access to office of children and family service records, juvenile delinquency records, youthful offender records and juvenile offender records of youth placed or committed to a facility, to staff members and employees who are exposed to such youth and to foster parents who take custody of such person after his or her release; grants courts and attorneys access to such records in any proceeding for the commission of a crime while a youth is in the custody of the office of children and family services; prohibits the release, discharge or transfer of any youth who has engaged in criminal activity while in custody; requires the reporting to law enforcement authorities of criminal activity by a youth in the custody of the office of children and family services; requires a police officer to escort an employee sent to find a youth who is absent without authorization.

Details

Actions

  • May 1, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 15, 2011: referred to codes
  • Jun 15, 2011: DELIVERED TO ASSEMBLY
  • Jun 15, 2011: PASSED SENATE
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1127
  • Jun 2, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 7, 2011
Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (3): Rivera, Kruger, Peralta
Nays (2): Hassell-Thompson, Montgomery
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 1, 2012
Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy
Ayes W/R (3): Rivera, Peralta, Espaillat
Nays (2): Hassell-Thompson, Montgomery

Memo

BILL NUMBER:S5565

TITLE OF BILL: An act to amend the executive law, the family court act, the criminal procedure law and the judiciary law, in relation to enacting "Renee's law"

PURPOSE OR GENERAL IDEA OF BILL: To provide greater protection and disclosure to employees of facilities where juvenile delinquents and youthful offenders are placed.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 states that the act shall be known as Renee's law.

Section 2 states the legislature recognizes that the crisis in the Juvenile Justice System has worsened in recent years. This bill would provide a safety net for the staff, youth, and the communities that have been impacted by this crisis.

Section 3 would amend Section 501 of the Executive law by adding two new Subdivisions, 7-a and 12-a. Subdivision 7-a expand the powers of the Office of Children and Family Services to include the sharing of juvenile records with staff, the legal community, foster parents and the law enforcement community as required by the Executive law, the Family Court Act, and the Criminal Procedure law.

Subdivision 12-a would establish requirements for training that must be provided to staff responsible for the care and Custody of youths placed in or committed to a program licensed, certified or registered by the Office. Mandated topics include staff abuse prevention and identification; the use of physical intervention; techniques of group and individual child management; gang awareness; absent without leave procedures; conflict resolution; and the laws, rules, and regulations governing the protection of staff from abuse. Failure to provide the required training would be deemed a neglect of duty by the Commissioner, subjecting such Commissioner to removal by the Governor.

Section 4 would amend section 501-c of the Executive law by adding a new subdivision 3 to require records, including unusual incident reports, mental health and developmental disability reports, and progress reports of each juvenile delinquent, juvenile offender, or youthful offender be provided to staff responsible for the care, Custody, treatment, housing, education, rehabilitation, or guidance of such youth. Access is also granted to judges, the presentment agency or district attorney, and the youth's attorney should the youth Commit a crime, or an act that is defined as a crime when committed by an adult. Foster parents who receive custody of the child after release from the Office would be entitled to receive all records with the exception of mental health and developmental disability records.

Section 5 would amend the Executive law by adding a new section 501-i to implement a risk assessment tool used for placement, transfer and discharge of youth in the custody and control of the Office. The assessment would designate a youth as a Level I low, Level II moderate, or Level III high risk of re-committing a crime, or harming themselves or others. The tool would evaluate the youth's prior legal history, behavior while in the custody of an Office certified program, and mitigating circumstances. The risk assessment would be performed by staff involved in the daily care and custody of the youth.

The sum of the youth's prior criminal history factor and facility rule violations factor is subtracted from mitigating factors to determine the risk level. Each factor has several items which have been assigned a point value. The sum of the point values would determine the factor. A risk level factor of three or less would be a Level I designation, between four and eight would be a Level II designation, and nine or more a Level III designation.

A youth's criminal history factor is determined by reviewing the number of juvenile delinquent determinations within the last three years, any pending criminal or family court offenses, and felony or misdemeanor adjudications within the previous three years. The mitigating factor subtracts points for the lack of prior arrests, convictions, or Person In Need of supervision findings. A youth would also receive mitigating points for actively cooperating or participating in counseling or programs provided at juvenile justice facilities licensed or certified by OCFS.

The rule violations factor is determined by multiplying the number of level B rule violations received while in the custody of the Office by two. Likewise, the total number of Level C rule violations would be multiplied by three. These two sums are then added together to provide the rule violation factor.

Level B rule violations are defined as attempting to or aiding an attempt to escape a facility or program; withholding information of an escape attempt; engaging in violent threatening conduct; practicing or teaching other martial arts, sparring, or self defense; gang related hand, verbal or written communication; indecent exposure; verbal, written, or gestured threats; and the possession of unauthorized security-related equipment; production, sale, use or possession of alcohol or narcotics.

Level C rule violations would include any offense defined in the penal law; starting or attempting to start a fire or explosion; possession of explosives; causing or attempting to cause bodily harm to another resident or staff; fighting; attempting to take over an OCFS facility; violent conduct; engaging in gang meetings; displaying, wearing, possessing, distributing or using gang materials; making, possessing, selling, exchanging or using a weapon; escaping from a program or facility; and witness tampering.

A youth that has committed a designated felony; two or more level C rule violations or four or more level B violations in the three months prior to movement; or is deemed a Level III risk must be placed in, and remain in a secure facility. When a youth is moved to a lower level of custody, the receiving facility must verify that it

has staffing sufficient to meet the youth's assessed risk level prior to placement.

Section 6 would amend subdivision 4 of section 504 of the Executive law to prohibit the discharge, release or transfer of youth if their files and records contain two or more Level C violations or four or more level B violations in the three months prior to movement to a less secure facility; or any conduct which would constitute a crime under the penal law when committed by an adult.

Section 7 would amend section 507-a of the Executive law by adding a new subdivision 6 to require the Office provides notice to the local law enforcement agency of a youth's placement within the community over which they have jurisdiction. Such notice would include reports of prior assaults, act of violence, attempted suicides, escapes or attempted escapes while in Office custody, and all criminal charges. Notice must be given at least 10 days prior to placement.

Section 8 would amend the Executive law by adding a new section 510 to mandate officers and employees of Office certified or operated programs to report youth crimes perpetrated within programs to the local law enforcement agency. The employer is prohibited from taking retaliatory action for reporting youth crimes, and cannot require prior approval or notification of reporting the youth's criminal act to local law enforcement agency. Willfully concealing the commission of a youth's crime is a class A misdemeanor and is subject to civil liability for the damages caused by such concealment.

Section 9 would amend subdivision 1 of section 510-c of the Executive law to prohibit discharge if the youth's files and records contain two or more Level C violations; or four or more level C violations in the three months prior to placement in a less secure facility; or any notation of any conduct which would constitute a designated felony crime under the penal law if committed by an adult.

Sections 10 would amend section 837 of the executive law by adding a new subdivision 19 to require that the Division of Criminal Justice Services establish regulations to require a police officer having jurisdiction over a program licensed, registered or certified by the Office to accompany an employee of such program, upon request, to an AWOL youth's home and assist in retrieving such youth.

Sections 11, 12 and 13 would amend section 166 of the family court act, and sections 720.35 and 725.15 of the Criminal Procedure law respectively. These provisions would unseal and make available the records of every juvenile delinquency proceeding in family court, and all official records and papers of youthful offenders and juvenile offenders in certain cases. Specifically a youth's records would be available to staff responsible for a youth's care and custody and to the court, presentment agency or district attorney and the youth's attorney upon the filing of charges for a crime or if a youth commits an act which would constitute a crime under the penal law if the youth were an adult. A foster parent who subsequently receives custody of a youth after release from the custody of the Office is also entitled to receive records.

Section 14 would amend subdivision 2 of section 212 of the judiciary law by adding a new paragraph (s). This provision would permit the judiciary to adopt rules, orders, and forms for the dissemination of information as required under subdivision (a) of section one hundred sixty-six of the family court act, subdivision five of section 720.35 of the criminal procedure law, and subdivision two of section 725.15 of the criminal procedure law.

Section 15 states provides for the severability of any clause, sentence, paragraph, section or part of the act that is found to be invalid.

Section 16 states the enactment date.

JUSTIFICATION: Renee Greco, a 24-year-old youth care worker at an OCFS-licensed group home for troubled youths in Lockport, was the sole staff member watching six teenage boys. Ms. Greco was brutally beaten to death after two teenage residents put a blanket over her head while she was playing cards with other residents in the home on June 8, 2009. Ms. Greco was not informed of either youth's prior crimes or actions within facilities. Had she been advised of these youth's checkered pasts, it is very possible that she would still be alive today.

Staff in OCFS operated or certified programs do not receive background information on the youths in their care. Further, voluntary agencies lack adequate training and staff to receive youths that are dangerous. These practices, though based on hopes of rehabilitating misguided youth, have contributed to a 90% recidivism rate, increasing violence towards staff, and an unknown number of tragedies within the communities where juveniles have been irresponsibly placed.

This law would require that staff caring for youths within residential programs, operated or certified by the Office, have access to the files and records of the youths in their care. The youth's records would also be available to the legal community, including the judge, presentment agency, district attorney, and defense counsel should the youth commit another crime while in a facility. Upon placement or movement to a lower level of custody, the local law enforcement agency would also receive the youth's records. Those charged with caring for the youths, and protecting the communities of our state would be better able to perform their duties by being fully informed of who is placed within their community.

Proper placement, as determined by the mandatory risk assessments, would prevent avoidable tragedies, like the death of Renee Greco. By assessing the youth's acts while in OCFS care and their prior crimes, no youth will be prematurely transferred or released. Inappropriate placement is also addressed in the mandatory reporting of youth crimes in OCFS facilities and voluntary agencies. These reporting requirements will provide an accurate history and allow a thorough evaluation of the youth's rehabilitation and the risk they pose to the community. Youth bearing a level II risk would be required.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law; provided that any rules and regulations necessary for the implementation of the provisions of this act on its effective date are authorized to be promulgated, repealed and/or amended on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5565 2011-2012 Regular Sessions IN SENATE June 2, 2011 ___________
Introduced by Sens. YOUNG, MAZIARZ, DeFRANCISCO, FARLEY, GOLDEN, LARKIN, LIBOUS, NOZZOLIO, RANZENHOFER, SEWARD -- read twice and ordered print- ed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, the family court act, the criminal procedure law and the judiciary law, in relation to enacting "Renee's law" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "Renee's law". S 2. Legislative findings and declaration. The legislature hereby finds and declares that it is a fundamental purpose of this state's juvenile justice system to provide a safe environment for both the resi- dents and the staff of programs licensed, certified and registered by the office of children and family services. The legislature further finds that a safe environment is ensured by providing staff of programs licensed, certified and registered by such office with adequate training and that this function is a primary responsibility of the commissioner of children and family services to ensure. Ensuring the safety of the communities into which the youth are placed is paramount, requiring that a youth be placed in appropriate locations to avoid preventable tragedy. The legislature finds that residents of programs and agencies licensed, certified and registered by the office of children and family services are committing serious crimes within such programs, and that these crimes are not being reported to the proper authorities. The provisions of this act provide a critical framework to improve and maintain safety within such licensed, certified and registered programs, non-profit community based programs and communities throughout the state allowing youths under the office of children and family services' jurisdiction
the ability to be rehabilitated and receive skills necessary to inhibit recidivism. S 3. Section 501 of the executive law is amended by adding two new subdivisions 7-a and 12-a to read as follows: 7-A. TO PROVIDE FOR THE DISSEMINATION OF RECORDS, FILES AND PAPERS PURSUANT TO SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE-C OF THIS TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION 720.35 OF THE CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW. 12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A COURSE OF TRAINING TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR GUIDANCE OF CHILDREN IN FACILITIES IN WHICH CHILDREN ARE PLACED OR COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION- ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS FOR PREEMPLOYMENT TRAINING AND IN SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN- TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND SECU- RITY PROCEDURES; THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS- ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD MANAGEMENT; GANG AWARENESS; ABSENT WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION; AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER SHALL ENSURE THAT ALL TRAINING CONDUCTED PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND EVALUATED AND UPDATED ON AN ANNUAL BASIS. THE FAILURE TO PROVIDE THE TRAINING REQUIRED BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI- LY SERVICES FROM OFFICE. S 4. Section 501-c of the executive law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED TO, UNUSUAL INCIDENT REPORTS, MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS, AND PROGRESS REPORTS, OF EACH JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE: (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER- ATED BY SUCH OFFICE OR NOT, IN WHICH THE DELINQUENT OR OFFENDER IS PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR EMPLOYEE IS RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR GUIDANCE OF THE AFFECTED YOUTH; (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER ENGAGES IN CONDUCT OR COMMITS AN ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE COURT, THE PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND THE ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES AGAINST THE YOUTH RELATING TO SUCH CRIME; AND (C) TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN- DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS. S 5. The executive law is amended by adding a new section 501-i to read as follows: S 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1. PLACE- MENT. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK ASSESSMENT
VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. PROVIDED, THAT NO YOUTH CONVICTED OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C RULE VIOLATIONS WHILE IN CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE AUTHORIZED TO BE PLACED IN ANY PROGRAM OR FACILITY THAT IS NOT DESIGNATED AS A SECURE FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK LEVEL OF III SHALL BE PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY. 2. MOVEMENT TO LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE CONDUCTED FOR SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A RISK ASSESSMENT OF A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF SUBDI- VISION SIX OF THIS SECTION. 3. RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH YOUTH COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE RISK ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO HIS OR HER PRIOR OFFENSE HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING FACTORS. (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY: (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE. (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY: (I) THE NUMBER OF OPEN OR PRIOR JUVENILE DELINQUENCY DETERMINATIONS WITHIN THE PREVIOUS THREE YEARS: ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS; (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE COUNTY ATTOR- NEY: ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS; (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS; (IV) A PENDING FAMILY COURT MISDEMEANOR OFFENSE: ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS; (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE YEARS: FIVE POINTS; (VI) TWO OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE YEARS: THREE POINTS; AND (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE PREVIOUS THREE YEARS: ONE POINT. (C) MITIGATING FACTOR SHALL BE DETERMINED BY: (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT; (II) NOT BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING WITHIN THE PREVIOUS THREE YEARS: ONE POINT; (III) CURRENTLY ACTIVELY COOPERATING IN COUNSELING, PREVENTION, SERVICES OR A PROGRAM: ONE POINT. 4. DEFINITIONS. AS USED IN THIS ARTICLE: (A) "DESIGNATED FELONY" SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE SECOND DEGREE, KIDNAPPING IN THE FIRST DEGREE, ARSON IN THE FIRST DEGREE, ASSAULT IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE, ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE IN
THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN THE FIRST DEGREE. (B) "DESIGNATED RISK LEVEL" SHALL MEAN AN ASSESSMENT OF EACH YOUTH COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN WHICH, IN LIGHT OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN THE CARE AND CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE, AND PREVIOUS CRIMINAL AND JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER- MINED TO PRESENT A LOW, MODERATE OR HIGH RISK OF COMMITTING ANOTHER CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF COMMITTED BY AN ADULT, OR POSES A THREAT TO THE SAFETY OF HIMSELF OR HERSELF OR OTHERS. (I) "RISK LEVEL I" MEANS A YOUTH HAS A LOW RISK OF REPEATING OR COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A RISK FACTOR OF THREE POINTS OR LESS. (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF II SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS. (III) "RISK LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES A SERIOUS THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS. (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH IS CONSPICUOUSLY OFFEN- SIVE, INTENTIONAL OR BLATANT. (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN- TIONALLY REPETITIVE. 5. RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN HE OR SHE: (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN ACCESSORY TO AN ESCAPE ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY; (II) WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH- OUT LEAVE; (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE; (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING OR SELF DEFENSE TECHNIQUES; (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION; (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES; (VII) MAKES ANY THREAT VERBALLY, IN WRITING OR BY GESTURE TO ANY PERSON; (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS, VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT; (IX) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT; (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU- ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE; (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA- TION; (XII) SELLS OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA- TION; (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT OTHERS TO SMUGGLE ANY ITEM INTO OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR PROGRAM AREA TO ANOTHER;
(XIV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY; (XV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH MAY RESULT IN INJURY TO STAFF OR RESIDENTS; (XVI) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY; (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH MAY RESULT IN INJURY TO STAFF OR RESIDENTS; (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA; (XIX) THROWS URINE OR FECES OR SANITARY ITEMS; (XX) FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM COUNT PROCEDURES; (XXI) MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE MUTILA- TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR (XXII) ENGAGES IN A PERSISTENT PATTERN OF INFRACTIONS AND FAILS TO RESPOND TO SANCTIONS PREVIOUSLY IMPOSED BY AN INDIVIDUAL CHARGED WITH SUCH YOUTH'S CARE OR CUSTODY. (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE: (I) COMMITS OR ATTEMPTS TO COMMIT ANY OFFENSE DEFINED IN THE PENAL LAW; (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION; (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION; (IV) POSSESSES AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE USED TO MAKE AN EXPLOSIVE DEVICE; (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT, A STAFF MEMBER OR ANY OTHER PERSON; (VI) ENGAGES IN FIGHTING; (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN THE TAKEOVER OF ANY AREA OF A FACILITY OR PROGRAM, OR, ACTING IN A GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF VIOLENCE; (VIII) ENGAGES WITH OTHERS IN ANY VIOLENT CONDUCT OR THREAT OF VIOLENCE; (IX) LEADS, ORGANIZES OR URGES OTHER RESIDENTS TO PARTICIPATE IN ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM; (X) ENGAGES IN OR ENCOURAGES OTHERS TO ENGAGE IN UNAUTHORIZED ORGAN- IZATIONAL ACTIVITIES OR MEETINGS; (XI) DISPLAYS, WEARS, POSSESSES, DISTRIBUTES OR USES UNAUTHORIZED ORGANIZATIONAL INSIGNIA OR MATERIALS; (XII) MAKES, POSSESSES, SELLS, EXCHANGES OR USES ANY GUN, FIREARM OR AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS- SIFIED AS A WEAPON BY USE OR APPEARANCE; (XIII) CONSPIRES TO, IS AN ACCESSORY TO OR COMMITS ESCAPE FROM ANY PROGRAM OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR ABSENCE WITHOUT LEAVE; (XIV) INTENTIONALLY FAILS OR ATTEMPTS TO FAIL TO RETURN AT OR BEFORE THE TIME PRESCRIBED FOR HIS OR HER RETURN; (XV) ENGAGES IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE OTHERS TO ENGAGE IN SEXUAL ACTS OR GESTURES; (XVI) TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY INVES- TIGATION; OR (XVII) POSSESSES TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS THAT MAY BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION. 6. STAFFING. PROGRAMS OPERATED, LICENSED, CERTIFIED OR REGISTERED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW- ING STAFFING REQUIREMENTS:
(A) THOSE PROGRAMS ACCEPTING YOUTHS WITH RISK LEVEL I ASSESSMENTS SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND RESIDENTS OF THE PROGRAM. (B) THOSE PROGRAMS ACCEPTING YOUTHS WITH RISK LEVEL II ASSESSMENTS SHALL HAVE STAFFING SUFFICIENT TO ENSURE THAT NO EMPLOYEE SHALL BE REQUIRED TO SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS THE EMPLOYEE IS ACCOMPANIED BY NOT LESS THAN ONE OTHER EMPLOYEE OF THE PROGRAM OR ANOTHER APPROPRIATE PERSON. (C) THOSE PROGRAMS ACCEPTING YOUTHS WITH RISK LEVEL III ASSESSMENTS SHALL BE SECURE OR LIMITED SECURE FACILITIES. S 6. Subdivision 4 of section 504 of the executive law, as amended by chapter 687 of the laws of 1993, is amended to read as follows: 4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall deter- mine, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED ONE-I OF THIS ARTICLE, the particular [division] OFFICE facility or program in which a child placed with [the division] SUCH OFFICE shall be cared for, based upon an evaluation of such child. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED ONE-I OF THIS ARTICLE AND AFTER A COMPLETE REVIEW OF THE RECORDS AND FILES OF A CHILD, also have authority to discharge or conditionally release children placed with it and to transfer such children from a limited secure or non-secure facility to any other limited secure or non-secure facility, when the interest of such children requires such action; provided that a child transferred to a non-secure facility from a limited secure facility may be returned to a limited secure facility upon a determination by the [division] OFFICE that, for any reason, care and treatment at the non-secure facility is no longer suitable. PROVIDED, HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL BE AUTHORIZED IF THE CHILD'S RECORDS AND FILES INCLUDE (A) TWO OR MORE LEVEL C RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACE- MENT IN A LESS SECURE FACILITY, OR (B) FOUR OR MORE LEVEL B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT- TED BY AN ADULT. S 7. Section 507-a of the executive law is amended by adding a new subdivision 6 to read as follows: 6. THE OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN TEN DAYS BEFORE THE MOVEMENT OF ANY YOUTH, COMMITTED TO THE CUSTODY OR SUPER- VISION OF SUCH OFFICE, TO ANY FACILITY OR PROGRAM OPERATED, LICENSED, REGISTERED, CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE NOTICE OF THE MOVEMENT OF SUCH YOUTH TO THE DIVISION OF STATE POLICE AND THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS TO BE MOVED. SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO, REPORTS OF THE YOUTH'S PRIOR ASSAULTS, ACTS OF VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES. S 8. The executive law is amended by adding a new section 510 to read as follows: S 510. REPORTS OF YOUTH CRIMINAL ACTIVITY; REQUIRED. 1. (A) EVERY OFFICER AND EMPLOYEE OF A FACILITY OR PROGRAM, THAT IS SUBJECT TO THE PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE HAS REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF FACTS, CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS COMMITTED AN ACT, WHICH IF THE YOUTH WAS AN ADULT, WOULD BE A CRIME
DEFINED IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE PENAL LAW. (B) AFTER SUBMITTING A REPORT TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, THE OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE THEREOF TO HIS OR HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND FAMILY SERVICES. NEITHER OPERATOR OF A FACILITY OR PROGRAM THAT IS SUBJECT TO THE PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY A LAW ENFORCEMENT AGENCY ACCESS TO ANY PROGRAM, FACILITY, OFFICER, EMPLOYEE OR YOUTH WHILE SUCH AGENCY IS IN THE COURSE OF AN INVESTIGATION RELATING TO A REPORT SUBMITTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. (C) NO OPERATOR OF A PROGRAM OR FACILITY LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW, AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT A YOUTH HAS COMMITTED A CRIMINAL ACT AND THAT EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH THIS TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE SHALL IMPOSE ANY CONDITIONS, INCLUDING PRIOR APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR OFFICIAL MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION. 2. ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS TITLE TO REPORT A YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE COMMISSION OF SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR. 3. ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS TITLE TO REPORT A YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE COMMISSION OF SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH CONCEALMENT. 4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL INCLUDE INSTRUC- TION ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING REQUIRED BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE. S 9. Subdivision 1 of section 510-c of the executive law, as amended by chapter 465 of the laws of 1992, is amended to read as follows: 1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED ONE-I OF THIS ARTICLE AND AFTER A COMPLETE REVIEW OF THE RECORDS AND THE FILES OF A CHILD, discharge from its custody any child placed with the [division] OFFICE whenever it deems such discharge to be in the best interest of the child and there is reasonable probability that the child can be discharged without endangering the public safety; provided, however, that no child while absent from a division facility without the consent of the direc- tor of such facility shall be discharged by the [division] OFFICE solely by reason of the absence[, and]; provided further that no child in the custody of the division and transferred to the department of mental hygiene, while absent from a department of mental hygiene facility with- out the consent of the superintendent or director of such facility, shall be discharged by the division; AND PROVIDED, FURTHER, THAT NO CHILD SHALL BE DISCHARGED IF HIS OR HER RECORDS AND FILES INCLUDE (A) TWO OR MORE LEVEL C RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR (B) FOUR OR MORE LEVEL B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY
SUCH CHILD WHICH WOULD CONSTITUTE A DESIGNATED FELONY CRIME DEFINED IN THE PENAL LAW IF COMMITTED BY AN ADULT. S 10. Section 837 of the executive law is amended by adding a new subdivision 19 to read as follows: 19. ESTABLISH RULES AND REGULATIONS REQUIRING, UPON REQUEST OF THE OPERATOR OF A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A YOUTH HAS ABSENTED HIMSELF OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION, THAT A POLICE OFFICER HAVING JURISDICTION ESCORT AN EMPLOYEE OF SUCH FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI- GATE WHERE SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED. S 11. Section 166 of the family court act is amended to read as follows: S 166. Privacy of records. (A) The records of any proceeding in the family court shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records. Any duly authorized agency, associ- ation, society or institution to which a child is committed may cause an inspection of the record of investigation to be had and may in the discretion of the court obtain a copy of the whole or part of such record. (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION, THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT OF A PERSON, WHO IS PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL BE OPEN TO AND BE PROVIDED: (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER- ATED BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR GUIDANCE OF THE PERSON; (2) IN THE EVENT SUCH PERSON ENGAGES IN CONDUCT OR COMMITS AN ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE PERSON WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE COURT, THE PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING TO SUCH CRIME; AND (3) TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 12. Section 720.35 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE OPEN TO AND BE PROVIDED TO: (A) THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHA- BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER; (B) IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE COURT, THE DISTRICT ATTORNEY, AND THE YOUTHFUL
OFFENDER'S ATTORNEY UPON THE FILING OF CHARGES AGAINST SUCH OFFENDER RELATING TO SUCH CRIME; AND (C) TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 13. Section 725.15 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: S 725.15 Sealing of records. 1. Except where specifically required or permitted by statute or upon specific authorization of the court that directed removal of an action to the family court all official records and papers of the action up to and including the order of removal, whether on file with the court, a police agency or the division of criminal justice services, are confi- dential and must not be made available to any person or public or private agency, provided however that availability of copies of any such records and papers on file with the family court shall be governed by provisions that apply to family court records, and further provided that all official records and papers of the action shall be included in those records and reports that may be obtained upon request by the commission- er of mental health or commissioner of [mental retardation and] develop- mental disabilities, as appropriate; the case review panel; and the attorney general pursuant to section 10.05 of the mental hygiene law. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS OF AN ACTION RELATING TO A JUVENILE OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE OPEN TO AND BE PROVIDED: (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER- ATED BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS PLACED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER; (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT OR COMMITS AN ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE COURT, THE PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH OFFENDER'S ATTORNEY UPON THE FILING OF CHARGES AGAINST THE JUVENILE OFFENDER RELATING TO SUCH CRIME; AND (C) TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 14. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (s) to read as follows: (S) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION OF THE OFFICIAL RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS AND YOUTHFUL OFFENDERS PURSUANT TO SUBDIVISION (A) OF SECTION ONE HUNDRED SIXTY-SIX OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION 720.35 OF THE CRIMINAL PROCEDURE LAW, AND SUBDIVISION TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW. S 15. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder there- of, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the contro- versy in which the judgment shall have been rendered.
S 16. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided that, effec- tive immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be promulgated, repealed and/or amended on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus