§ 502 — Definitions

New York § 502

• Jurisdiction: New York
• Law EXC: Executive
• Title 2: Facilities
• Art. 19-G: Office of Children and Family Services

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 held\naway from their homes pursuant to article three of the family court act,\nor held pending a hearing for alleged violation of the conditions of\nrelease from an office of children and family services facility or\nauthorized agency, or held pending a hearing for alleged violation of\nthe condition of parole as a juvenile offender, youthful offender or\nadolescent offender or held pending return to a jurisdiction other than\nthe one in which the youth is held, or held pursuant to a securing order\nof a criminal court if the youth named therein as principal is charged\nas a juvenile offender, youthful offender or adolescent offender or held\npending a hearing on an extension of placement or held pending transfer\nto a facility upon commitment or placement by a court. Only alleged or\nconvicted juvenile offenders, youthful offenders or adolescent offenders\nwho have not attained their eighteenth or, commencing October first, two\nthousand eighteen, their twenty-first birthday shall be subject to\ndetention in a detention facility. Commencing October first, two\nthousand eighteen, a youth who on or after such date committed an\noffense when the youth was sixteen years of age; or commencing October\nfirst, two thousand nineteen, a youth who committed an offense on or\nafter such date when the youth was seventeen years of age held pursuant\nto a securing order of a criminal court if the youth is charged as an\nadolescent offender or held pending a hearing for alleged violation of\nthe condition of parole as an adolescent offender, must be held in a\nspecialized secure juvenile detention facility for older youth certified\nby the state office of children and family services in conjunction with\nthe state commission of correction.\n 4. For purposes of this article, the term "youth" shall mean a person\nnot less than twelve years of age and not more than twenty-two years of\nage, unless such youth is over the age of seven and less than twelve\nyears and is alleged to be or adjudicated a juvenile delinquent, as\napplicable, pursuant to subparagraph (iii) of paragraph (a) of\nsubdivision one of section 301.2 of the family court act.\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