§ 218-A — County detention facilities for juvenile delinquents and persons in need of supervision

§ 218-a. County detention facilities for juvenile delinquents and\npersons in need of supervision. A. To assure that suitable and\nconveniently accessible accommodations and proper and adequate detention\nin secure and non-secure detention facilities, as defined in section\nfive hundred two of the executive law and the regulations of the\ndivision for youth, will be available when required for the temporary\ncare, maintenance and security of alleged and convicted juvenile\noffenders, alleged and adjudicated juvenile delinquents and alleged and\nadjudicated persons in need of supervision. Such regulations shall not\nrequire any county to provide temporary care in a secure detention\nfacility for residents of any other county except upon a space available\nbasis. The county executive, if there be one, otherwise the board of\nsupervisors shall designate the agency of county government responsible\nfor the administration of the county juvenile detention program and\nshall so advise the New York state division for youth, and may make\nprovisions therefor as follows:\n 1. Provide for the continued operation of the county's established\ndetention facility, so long as it complies with regulations of the\ndivision for youth, and is certified by that division.\n 2. Authorize a contract between its county and one or more other\ncounties, which is or are operating a conveniently accessible detention\nfacility certified by the division for youth and in compliance with\nregulations of the division for youth, providing for the reception,\ntemporary accommodation and care in such facility of alleged or\nadjudicated juvenile delinquents and persons in need of supervision held\nfor or at the direction of its family court, for and in consideration of\nthe payments to be made therefor, on a per capita basis, pursuant to the\nterms of such contract.\n 3. Authorize a contract between its county and one or more other\ncounties providing for the joint operation and maintenance by them of an\nalready established county detention facility certified by the state\ndivision for youth and operated and maintained in compliance with the\nregulations of the division for youth, which is conveniently accessible\nto the counties concerned. Such authorization and contract may include\nprovisions for remodeling or enlarging the building of such facility.\n 4. Authorize a contract between its county and one or more other\ncounties providing for the joint establishment, operation and\nmaintenance by such counties of a new joint county detention facility\nwhich shall be located on a site conveniently accessible to the counties\nconcerned and which shall be certified by the state division for youth\nand which shall be established, operated and maintained in compliance\nwith the regulations of the division for youth.\n 5. The resolution providing for joint action under three or four above\nshall be adopted by the board of supervisors of each of the several\ncounties affected, and a committee composed of at least one member of\neach of such boards shall be created to acquire the necessary real\nproperty in the name of the counties affected, and as the joint agent of\nsuch counties such committee shall have charge of the construction,\nequipment, maintenance and operation of such joint county detention\nfacility and, with the advice of an advisory committee consisting of the\njudge of the family court and the commissioner of social services of\neach of said counties, shall supervise and control the maintenance and\noperation of such joint county detention facility. The said resolution\nmay specify the matters as to which the action of such committee shall\nrequire the joint approval of the boards of supervisors of all the\ncounties affected and shall prescribe the proportions to be borne by\neach of the several counties affected of the costs of acquisition of the\nsite and of construction of a new joint county detention facility and\nthe proportions to be borne by each of the several counties affected of\nthe costs of operation of such joint county detention facility, whether\nestablished by new joint acquisition and construction or by utilization\nof an existing county detention facility. The moneys to pay the share to\nbe borne by each county affected shall be provided by appropriation in\nsuch amounts and at such times as may be agreed upon.\n 6. Notwithstanding any other provision of law, commencing October\nfirst, two thousand eighteen, a county must provide for adequate\ndetention of alleged or convicted adolescent offenders in a specialized\nsecure detention facility for older youth who are alleged or convicted\nof committing an offense when they were sixteen years of age and\ncommencing October first, two thousand nineteen, a county must provide\nfor adequate detention of alleged or convicted adolescent offenders in a\nspecialized secure detention facility for older youth who are alleged or\nconvicted of committing an offense when they were sixteen or seventeen\nyears of age. Such facility shall be certified and regulated by the\noffice of children and family services in conjunction with the state\ncommission of correction. Such facility shall: (i) have enhanced\nsecurity features and specially trained staff; and (ii) be jointly\nadministered by the agency of county government designated in accordance\nwith subdivision A of this section and the applicable county sheriff,\nwhich both shall have the power to perform all acts necessary to carry\nout their duties. The county sheriff shall be subject to the same laws\nthat apply to the designated county agency regarding the protection and\nconfidentiality of the information about the youth in such facility and\nshall prevent access thereto by, or the distribution thereof to, persons\nnot authorized by law.\n B. Notwithstanding any other provision of law, each board of\nsupervisors shall provide or assure the availability of conveniently\naccessible and adequate non-secure detention facilities, certified by\nthe state division for youth, as resources for the family court in the\ncounty pursuant to articles seven and three of the family court act, to\nbe operated in compliance with the regulations of the division for youth\nfor the temporary care and maintenance of alleged and adjudicated\njuvenile delinquents and persons in need of supervision held for or at\nthe direction of a family court.\n C. Each county shall offer diversion services to children who are at\nrisk of being the subject of a petition under article seven of the\nfamily court act. Such services shall be designed to provide an\nimmediate response to families in crisis and to identify and utilize\nappropriate alternatives to juvenile detention.\n