§ 503 — Detention

§ 503. Detention. 1. The division shall establish regulations for the\noperation of secure and non-secure detention facilities pursuant to this\narticle and section two hundred eighteen-a of the county law.\n 2. To assure that adequate, suitable and conveniently accessible\naccommodations and proper care will be available when required for\ndetention, the division may contract for or establish, operate, maintain\nand certify secure and non-secure detention facilities if funds shall\nhave been made available for the lease or purchase and maintenance and\noperation of appropriate facilities.\n 3. Each social services district may establish, operate and maintain\nsecure and non-secure detention facilities for the purposes defined in\nsection five hundred two of this article. Each such detention facility\nshall be established, operated and maintained in compliance with this\narticle and the regulations of the division for youth.\n 4. The office of children and family services shall visit and inspect\nall facilities used for detention and make periodic reports of the\noperation and adequacy of such facilities, and the need for provision of\nsuch facilities to the county executive, if there be one, the county\nlegislature and the family court judges of the county in which such\nfacilities are located, and the office of court administration.\n 5. No detention facility shall receive or care for children detained\npursuant to the family court act or the criminal procedure law unless\ncertified by the division, which certification shall include a\nmaximum-capacity which shall not be exceeded. No certification shall be\nissued or renewed unless such a facility has developed and implemented a\nprocedure, consistent with appropriate collective bargaining agreements\nand applicable provisions of the civil service law, for reviewing and\nevaluating the backgrounds of and the information supplied by any person\napplying to be an employee, volunteer or consultant, which shall include\nbut not be limited to the following requirements: that the applicant set\nforth his or her employment history, provide personal and employment\nreferences and sign a sworn statement indicating whether the applicant,\nto the best of his or her knowledge, has ever been convicted of a crime\nin this state or any other jurisdiction.\n (a) The division shall promulgate regulations governing procedures for\ncertification of detention facilities and for renewal, suspension and\nrevocation of such certifications. Such regulations shall provide for a\nhearing prior to the suspension or revocation of a certification.\n (b) The office of children and family services may suspend a\ncertification for good cause shown. Suspension shall mean that no\npersons coming within the provisions of article three or seven of the\nfamily court act and no alleged or convicted juvenile offender may be\nreceived for care in a detention facility, but persons already in care\nmay remain in care. The office may impose such conditions in the event\nof a suspension as it shall deem necessary and proper.\n (c) Such office may revoke a certification for good cause shown.\nRevocation shall mean that no persons coming within the provisions of\narticle three or seven of the family court act and no alleged or\nconvicted juvenile offender may be received for care nor remain at the\ndetention facility.\n 6. The division shall be responsible for bringing violations of law\npertaining to detention of juveniles to the attention of each\nappropriate attorney for the child or counsel for the defendant who may\npetition for habeas corpus for persons aggrieved thereby.\n 7. The person in charge of each detention facility shall keep a record\nof all time spent in such facility for each youth in care. The detention\nfacility shall deliver a certified transcript of such record to the\noffice, social services district, or other agency taking custody of the\nyouth pursuant to article three or seven of the family court act,\nbefore, or at the same time as the youth is delivered to the office,\ndistrict or other agency, as is appropriate.\n 8. The division shall list all facilities certified for the detention\nof children and shall file a copy of that list periodically with the\nclerk of the family court in each county, the clerk of the criminal\ncourt of the city of New York, the clerk of the supreme court in each\ncounty within the city of New York and the clerk of the county court in\neach county outside the city of New York.\n 9. Notwithstanding any other provision of law, the office of children\nand family services in consultation with the state commission of\ncorrection shall jointly regulate, certify, inspect and supervise\nspecialized secure detention facilities for adolescent offenders.\n