§ 508 — Juvenile offender and adolescent offender facilities

§ 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