N.Y. Exec. Law § 508
Juvenile offender and adolescent offender facilities
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 508. Juvenile offender facilities. 1. The office of children and\nfamily services shall maintain secure facilities for the care and\nconfinement of juvenile offenders committed for an indeterminate,\ndeterminate or definite sentence pursuant to the sentencing provisions\nof the penal law. Such facilities shall provide appropriate services to\njuvenile offenders including but not limited to residential care,\neducational and vocational training, physical and mental health\nservices, and employment counseling.\n 2. Juvenile offenders shall be confined in such facilities until the\nage of twenty-one and shall not be released, discharged or permitted\nhome visits except pursuant to the provisions of this section.\n * (a) The director of the division for youth may authorize the\ntransfer of a juvenile offender in his custody, who has been convicted\nof burglary or robbery, to a school or center established and operated\npursuant to title three of this article at any time after the juvenile\noffender has been confined in a division for youth secure facility for\none year or one-half of his minimum sentence, whichever is greater.\n * NB Expired September 1, 1992\n * (b) The director of the division for youth may authorize the\ntransfer of a juvenile offender in his custody, who has been convicted\nof burglary or robbery, and who is within ninety days of release as\nestablished by the board of parole, to any facility established and\noperated pursuant to this article.\n * NB Expired September 1, 1992\n * (c) A juvenile offender may be transferred as provided in paragraphs\n(a) and (b) herein, only after the director determines that there is no\ndanger to public safety and that the offender shall substantially\nbenefit from the programs and services of another division facility. In\ndetermining whether there is a danger to public safety the director\nshall consider: (i) the nature and circumstances of the offense\nincluding whether any physical injury involved was inflicted by the\noffender or another participant; (ii) the record and background of the\noffender; and (iii) the adjustment of the offender at division\nfacilities.\n * NB Expired September 1, 1992\n * (d) For a period of six months after a juvenile offender has been\ntransferred pursuant to paragraph (a) or (b) herein, the juvenile\noffender may have only accompanied home visits. After completing six\nmonths of confinement following transfer from a secure facility, a\njuvenile offender may not have an unaccompanied home visit unless two\naccompanied home visits have already occurred. An "accompanied home\nvisit" shall mean a home visit during which the juvenile offender shall\nbe accompanied at all times while outside the facility by appropriate\npersonnel of the division for youth designated pursuant to regulations\nof the director of the division.\n * NB Expired September 1, 1992\n * (e) The director of the division for youth shall promulgate rules\nand regulations including uniform standards and procedures governing the\ntransfer of juvenile offenders from secure facilities to other\nfacilities and the return of such offenders to secure facilities. The\nrules and regulations shall provide a procedure for the referral of\nproposed transfer cases by the secure facility director, and shall\nrequire a determination by the facility director that transfer of a\njuvenile offender to another facility is in the best interests of the\ndivision for youth and the juvenile offender and that there is no danger\nto public safety.\n The rules and regulations shall further provide for the establishment\nof a division central office transfer committee to review transfer cases\nreferred by the secure facility directors. The committee shall recommend\napproval of a transfer request to the director of the division only upon\na clear showing by the secure facility director that the transfer is in\nthe best interests of the division for youth and the juvenile offender\nand that there is no danger to public safety. In the case of the denial\nof the transfer request by the transfer committee, the juvenile offender\nshall remain at a secure facility. Notwithstanding the recommendation\nfor approval of transfer by the transfer committee, the director of the\ndivision may deny the request for transfer if there is a danger to\npublic safety or if the transfer is not in the best interests of the\ndivision for youth or the juvenile offender.\n The rules and regulations shall further provide a procedure for the\nimmediate return to a secure facility, without a hearing, of a juvenile\noffender transferred to another facility upon a determination by that\nfacility director that there is a danger to public safety.\n * NB Expired September 1, 1992\n 3. The division shall report in writing to the sentencing court and\ndistrict attorney, not less than once every six months during the period\nof confinement, on the status, adjustment, programs and progress of the\noffender.\n 4. The office of children and family services may apply to the\nsentencing court for permission to transfer a youth not less than\nsixteen nor more than eighteen years of age to the department of\ncorrections and community supervision. Such application shall be made\nupon notice to the youth, who shall be entitled to be heard upon the\napplication and to be represented by counsel. The court shall grant the\napplication if it is satisfied that there is no substantial likelihood\nthat the youth will benefit from the programs offered by the office\nfacilities.\n 5. The office of children and family services may transfer an offender\nnot less than eighteen nor more than twenty-one years of age to the\ndepartment of corrections and community supervision if the commissioner\nof the office certifies to the commissioner of corrections and community\nsupervision that there is no substantial likelihood that the youth will\nbenefit from the programs offered by office facilities.\n 6. At age twenty-one, all juvenile offenders shall be transferred to\nthe custody of the department of corrections and community supervision\nfor confinement pursuant to the correction law.\n 7. While in the custody of the office of children and family services,\nan offender shall be subject to the rules and regulations of the office,\nexcept that his parole, temporary release and discharge shall be\ngoverned by the laws applicable to inmates of state correctional\nfacilities and his transfer to state hospitals in the office of mental\nhealth shall be governed by section five hundred nine of this chapter.\nThe commissioner of the office of children and family services shall,\nhowever, establish and operate temporary release programs at office of\nchildren and family services facilities for eligible juvenile offenders\nand contract with the department of corrections and community\nsupervision for the provision of parole supervision services for\ntemporary releasees. The rules and regulations for these programs shall\nnot be inconsistent with the laws for temporary release applicable to\ninmates of state correctional facilities. For the purposes of temporary\nrelease programs for juvenile offenders only, when referred to or\ndefined in article twenty-six of the correction law, "institution" shall\nmean any facility designated by the commissioner of the office of\nchildren and family services, "department" shall mean the office of\nchildren and family services, "inmate" shall mean a juvenile offender\nresiding in an office of children and family services facility, and\n"commissioner" shall mean the director of the office of children and\nfamily services. Time spent in office of children and family services\nfacilities and in juvenile detention facilities shall be credited\ntowards the sentence imposed in the same manner and to the same extent\napplicable to inmates of state correctional facilities.\n 8. Whenever a juvenile offender or a juvenile offender adjudicated a\nyouthful offender shall be delivered to the director of a division for\nyouth facility pursuant to a commitment to the director of the division\nfor youth, the officer so delivering such person shall deliver to such\nfacility director a certified copy of the sentence received by such\nofficer from the clerk of the court by which such person shall have been\nsentenced, a copy of the report of the probation officer's investigation\nand report, any other pre-sentence memoranda filed with the court, a\ncopy of the person's fingerprint records, a detailed summary of\navailable medical records, psychiatric records and reports relating to\nassaults, or other violent acts, attempts at suicide or escape by the\nperson while in the custody of a local detention facility.\n 9. Notwithstanding any provision of law, including section five\nhundred one-c of this article, the office of children and family\nservices shall make records pertaining to a person convicted of a sex\noffense as defined in subdivision (p) of section 10.03 of the mental\nhygiene law available upon request to the commissioner of mental health\nor the commissioner of mental retardation and developmental\ndisabilities, as appropriate; a case review panel; and the attorney\ngeneral; in accordance with the provisions of article ten of the mental\nhygiene law.\n
§ 508. Juvenile offender and adolescent offender facilities. 1. The\noffice of children and family services shall maintain secure facilities\nfor the care and confinement of juvenile offenders and adolescent\noffenders committed for a sentence pursuant to the sentencing provisions\nof the penal law. Such facilities shall provide appropriate services to\njuvenile offenders and adolescent offenders including but not limited to\nresidential care, educational and vocational training, physical and\nmental health services, and employment counseling.\n 2. Juvenile offenders and adolescent offenders shall be confined in\nsuch facilities until the age of twenty-one in accordance with their\nsentences, and shall not be released, discharged or permitted home\nvisits except pursuant to the provisions of this section.\n 3. The office of children and family services shall report in writing\nto the sentencing court and district attorney, not less than once every\nsix months during the period of confinement, on the status, adjustment,\nprograms and progress of the offender.\n The office of children and family services may transfer an offender\nnot less than eighteen years of age to the department of corrections and\ncommunity supervision if the commissioner of the office certifies to the\ncommissioner of corrections and community supervision that there is no\nsubstantial likelihood that the youth will benefit from the programs\noffered by office facilities.\n 4. The office of children and family services may apply to the\nsentencing court for permission to transfer a youth not less than\nsixteen nor more than eighteen years of age to the department of\ncorrections and community supervision. Such application shall be made\nupon notice to the youth, who shall be entitled to be heard upon the\napplication and to be represented by counsel. The court shall grant the\napplication if it is satisfied that there is no substantial likelihood\nthat the youth will benefit from the programs offered by the office\nfacilities.\n 5. The office of children and family services may transfer an offender\nnot less than eighteen nor more than twenty-one years of age to the\ndepartment of corrections and community supervision if the commissioner\nof the office certifies to the commissioner of corrections and community\nsupervision that there is no substantial likelihood that the youth will\nbenefit from the programs offered by office facilities.\n 6. At age twenty-one, all juvenile offenders shall be transferred to\nthe custody of the department of corrections and community supervision\nfor confinement pursuant to the correction law.\n 7. While in the custody of the office of children and family services,\nan offender shall be subject to the rules and regulations of the office,\nexcept that his or her parole, temporary release and discharge shall be\ngoverned by the laws applicable to incarcerated individuals of state\ncorrectional facilities and his or her transfer to state hospitals in\nthe office of mental health shall be governed by section five hundred\nnine of this title; provided, however, that an otherwise eligible\noffender may receive the six-month limited credit time allowance for\nsuccessful participation in one or more programs developed by the office\nof children and family services that are comparable to the programs set\nforth in section eight hundred three-b of the correction law, taking\ninto consideration the age of offenders. The commissioner of the office\nof children and family services shall, however, establish and operate\ntemporary release programs at office of children and family services\nfacilities for eligible juvenile offenders and adolescent offenders and\ncontract with the department of corrections and community supervision\nfor the provision of parole supervision services for temporary\nreleasees. The rules and regulations for these programs shall not be\ninconsistent with the laws for temporary release applicable to\nincarcerated individuals of state correctional facilities. For the\npurposes of temporary release programs for juvenile offenders and\nadolescent offenders only, when referred to or defined in article\ntwenty-six of the correction law, "institution" shall mean any facility\ndesignated by the commissioner of the office of children and family\nservices, "department" shall mean the office of children and family\nservices, "incarcerated individual" shall mean a juvenile offender or\nadolescent offender residing in an office of children and family\nservices facility, and "commissioner" shall mean the commissioner of the\noffice of children and family services. Time spent in office of children\nand family services facilities and in juvenile detention facilities\nshall be credited towards the sentence imposed in the same manner and to\nthe same extent applicable to incarcerated individuals of state\ncorrectional facilities.\n 8. Whenever a juvenile offender, adolescent offender or a juvenile\noffender or adolescent offender adjudicated a youthful offender shall be\ndelivered to the director of an office of children and family services\nfacility pursuant to a commitment to the office of children and family\nservices, the officer so delivering such person shall deliver to such\nfacility director a certified copy of the sentence received by such\nofficer from the clerk of the court by which such person shall have been\nsentenced, a copy of the report of the probation officer's investigation\nand report, any other pre-sentence memoranda filed with the court, a\ncopy of the person's fingerprint records, a detailed summary of\navailable medical records, psychiatric records and reports relating to\nassaults, or other violent acts, attempts at suicide or escape by the\nperson while in the custody of a local detention facility.\n 9. Notwithstanding any provision of law, including section five\nhundred one-c of this article, the office of children and family\nservices shall make records pertaining to a person convicted of a sex\noffense as defined in subdivision (p) of section 10.03 of the mental\nhygiene law available upon request to the commissioner of mental health\nor the commissioner of the office for people with developmental\ndisabilities, as appropriate; a case review panel; and the attorney\ngeneral; in accordance with the provisions of article ten of the mental\nhygiene law.\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.