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N.Y. Exec. Law § 502

Definitions

Showing this section's text as in effect on January 1, 2018 (in force January 1, 2018 – January 1, 2019). View current text →

§ 502. Definitions. Unless otherwise specified in this article:\n 1. "Director" means the director of the division for youth.\n 2. "Division" means the division for youth.\n * 3. "Detention" means the temporary care and maintenance of youth\nheld away from their homes pursuant to article three or seven of the\nfamily court act, or held pending a hearing for alleged violation of the\nconditions of release from an office of children and family services\nfacility or authorized agency, or held pending a hearing for alleged\nviolation of the condition of parole as a juvenile offender, or held\npending return to a jurisdiction other than the one in which the youth\nis held, or held pursuant to a securing order of a criminal court if the\nyouth named therein as principal is charged as a juvenile offender or\nheld pending a hearing on an extension of placement or held pending\ntransfer to a facility upon commitment or placement by a court. Only\nalleged or convicted juvenile offenders who have not attained their\neighteenth birthday shall be subject to detention in a detention\nfacility.\n * NB Effective until October 1, 2018\n * 3. "Detention" means the temporary care and maintenance of youth\nheld away from their homes pursuant to article three or seven of the\nfamily court act, or held pending a hearing for alleged violation of the\nconditions of release from an office of children and family services\nfacility or authorized agency, or held pending a hearing for alleged\nviolation of the condition of parole as a juvenile offender, youthful\noffender or adolescent offender or held pending return to a jurisdiction\nother than the one in which the youth is held, or held pursuant to a\nsecuring order of a criminal court if the youth named therein as\nprincipal is charged as a juvenile offender, youthful offender or\nadolescent offender or held pending a hearing on an extension of\nplacement or held pending transfer to a facility upon commitment or\nplacement by a court. Only alleged or convicted juvenile offenders,\nyouthful offenders or adolescent offenders who have not attained their\neighteenth or, commencing October first, two thousand eighteen, their\ntwenty-first birthday shall be subject to detention in a detention\nfacility. Commencing October first, two thousand eighteen, a youth who\non or after such date committed an offense when the youth was sixteen\nyears of age; or commencing October first, two thousand nineteen, a\nyouth who committed an offense on or after such date when the youth was\nseventeen years of age held pursuant to a securing order of a criminal\ncourt if the youth is charged as an adolescent offender or held pending\na hearing for alleged violation of the condition of parole as an\nadolescent offender, must be held in a specialized secure juvenile\ndetention facility for older youth certified by the state office of\nchildren and family services in conjunction with the state commission of\ncorrection.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n * 4. For purposes of this article, the term "youth" shall be\nsynonymous with the term "child" and means a person not less than seven\nyears of age and not more than twenty years of age.\n * NB Effective until October 1, 2018\n * 4. For purposes of this article, the term "youth" shall mean a\nperson not less than seven years of age and not more than twenty or\ncommencing October first, two thousand nineteen, not more than\ntwenty-two years of age.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n 5. "Placement" means the transfer of a youth to the custody of the\ndivision pursuant to the family court act.\n 6. "Commitment" means the transfer of a youth to the custody of the\ndivision pursuant to the penal law.\n 7. "Conditional release" means the transfer of a youth from facility\nstatus to aftercare supervision under the continued custody of the\ndivision.\n 8. "Discharge" means the termination of division custody of a youth.\n 9. "Aftercare" means supervision of a youth on conditional release\nstatus under the continued custody of the division.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.