§ 529-B — Supervision and treatment services for juveniles program

§ 529-b. Supervision and treatment services for juveniles program. 1.\n(a) Notwithstanding any provision of law to the contrary, eligible\nexpenditures by an eligible municipality for services to divert from\ndetention, residential placement or confinement, as applicable, youth\nwho are: (i) at risk of, alleged to be, or adjudicated as juvenile\ndelinquents; (ii) at risk of, or alleged to be or adjudicated as persons\nin need of supervision; (iii) alleged to be or convicted as juvenile\noffenders; (iv) alleged to be or convicted as youthful offenders; or (v)\nalleged to be or convicted as adolescent offenders shall be subject to\nstate reimbursement under the supervision and treatment services for\njuveniles program for up to sixty-two percent of the municipality's\nexpenditures, subject to available appropriations and exclusive of any\nfederal funds made available for such purposes, not to exceed the\nmunicipality's distribution under the supervision and treatment services\nfor juveniles program.\n (b) The state funds appropriated for the supervision and treatment\nservices for juveniles program shall be distributed to eligible\nmunicipalities by the office of children and family services based on a\nplan developed by the office which may consider historical information\nregarding the number of youth seen at probation intake for an alleged\nact of delinquency, the number of youth remanded to detention, the\nnumber of juvenile delinquents placed with the office, the number of\njuvenile delinquents and persons in need of supervision placed in\nresidential care with the municipality, the municipality's reduction in\nthe use of detention and residential placements, and other factors as\ndetermined by the office. Such plan developed by the office shall be\nsubject to the approval of the director of the budget. The office is\nauthorized, in its discretion, to make advance distributions to a\nmunicipality in anticipation of state reimbursement.\n 2. As used in this section, the term:\n (a) "municipality" shall mean a county, or a city having a population\nof one million or more and\n (b) "supervision and treatment services for juveniles" shall mean\ncommunity-based services or programs designed to safely maintain youth\nin the community pending a family court disposition or conviction in\ncriminal court and services or programs provided to eligible youth\npursuant to this section.\n 3. Supervision and treatment services for juveniles may include but\nare not limited to services or programs that:\n (a) provide or facilitate support to such youth for mental health\ndisorders, substance abuse problems, or learning disabilities that\ncontribute to such youth being at risk for detention, residential\nplacement, confinement or return to detention or residential placement;\n (a-1) provide or facilitate support to youth who are eligible to\nreceive services pursuant to subparagraph (ii) of paragraph (a) of\nsubdivision one of this section, and their families, in family support\nservices programs in accordance with title twelve of article six of the\nsocial services law;\n (b) provide temporary respite care, including, but not limited to,\nrespite provided pursuant to article seven of the family court act;\n (c) provide family therapy or support or explore alternate housing\noptions for youth who are at risk for detention or placement due to the\nabsence of an available home;\n (d) provide post-release support within the youth's community,\nincluding, but not limited to aftercare services; or\n (e) reduce arrest rates or recidivism.\n 3-a. (a) The chief executive officer of the municipality shall\ndesignate a lead agency for the purposes of planning and administering\nthe municipality's supervision and treatment services for juveniles\nprogram. In order for a municipality to be eligible to receive\nreimbursement pursuant to this section, such municipality must submit an\nannual plan to the office of children and family services detailing how\nthe supervision and treatment services for juveniles will be provided\nwithin the municipality. Two or more eligible municipalities within a\nclose geographic proximity to each other may enter into an agreement to\njointly seek funding for and jointly administer a supervision and\ntreatment services for juveniles programs to service eligible youth and\nfamilies within such municipalities in accordance with this section. The\nmunicipality shall develop such plan in cooperation with the applicable\nlocal governmental departments responsible for probation, law\nenforcement, detention, diversion, and social services; and with the\ncourts, service providers, schools and youth development programs. The\nplan must be approved by the chief executive officer of the\nmunicipality, and must include:\n (i) an analysis that identifies the neighborhoods or communities from\nwhich the greatest number of juvenile delinquents and persons in need of\nsupervision are remanded to detention or residentially placed;\n (ii) where the use of detention or residential placement in the\nmunicipality shows a significant racial or ethnic disproportionality, a\ndescription of how the services proposed for funding will address such\ndisproportionality;\n (iii) a description of how the services and programs proposed for\nfunding will reduce the number of youth from the municipality who are\ndetained and residentially or otherwise placed; how such services and\nprograms are family-focused; and whether such services and programs are\ncapable of being replicated across multiple sites;\n (iv) a description of the demonstrated effectiveness of such services\nand programs or other justification why the services and programs are\nproposed for funding;\n (v) projected performance outcomes for such services and programs,\nincluding an estimate of the anticipated reductions in detention\nutilization and residential placements, and other projected positive\noutcomes for youth who participate in the services and programs; and\n (vi) for each year that the municipality submits a plan as required by\nthis section, the municipality must provide the following information\nfor the most recent preceding year for which such municipality received\nfunding:\n (A) the number of youth who participated in the services and programs\nfunded pursuant to this section; and\n (B) whether the services and programs achieved the projected\nreductions in detention utilization and residential placements and other\nperformance outcomes.\n (b) A municipality's plan shall be submitted to the office of children\nand family services for review and approval. The office may approve all\nor part of the plan based on the potential effectiveness of the plan.\n (i) If the office does not approve a plan, the municipality shall have\nsixty days to submit an amended plan.\n (ii) Upon approval of a plan, the office shall notify the municipality\nand post the approved plan on the office of children and family services\nwebsite.\n (c) The office may require that such claims be submitted to the office\nelectronically in the manner and format required by the office.\n (d) Any municipality submitting claims for reimbursement shall certify\nto the office that supervision and treatment services for juveniles\nprogram funds were not used to supplant other state and local funds, and\nsuch claims for reimbursement are not for the same type and level of\nservices that the municipality provided under any contract in existence\non September thirtieth, two thousand ten that was funded other than\nthrough the office of children and family services as community optional\npreventive, alternatives to detention, alternatives to residential\nplacement, preventive, independent living, or after care services.\n 4. Two or more eligible municipalities may join together to establish,\noperate and maintain supervision and treatment services for juveniles\nprograms and may make and perform agreements in connection therewith.\nSuch agreements shall include provisions for the proportionate cost to\nbe borne by each municipality and for the manner of employment of\npersonnel and may provide that a fiscal officer of one such municipality\nshall be the custodian of the moneys made available for expenditure for\nsuch purposes by all such municipalities and that such fiscal officer\nmay make payments therefrom upon audit of the appropriate auditing body\nor officer of his municipality. In making claims for state reimbursement\npursuant to this section, each municipality shall claim for its\nproportionate share of expenditures. However, where the agreement\nprovides for a disbursing municipality, such disbursing municipality\nshall claim for the total joint program expenditures made and shall\ndisburse the state reimbursement to each participating municipality\nbased upon the proportionate share of each participating municipality's\nexpenditures.\n 5. The office of children and family services shall report to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate, the minority leader of the assembly and the minority leader of\nthe senate no later than July first, two thousand twelve, and each year\nthereafter, detailing the implementation and progress of the supervision\nand treatment services for juveniles program, as established by this\nsection. The report shall detail the following information for each\nmunicipality, as defined by this section:\n (a) the amount of funds disbursed to date for the previous program\nyear of the supervision and treatment services for juveniles program;\n (b) the amount of juvenile detention funds distributed by such date in\naccordance with section five hundred thirty of this title for the\nprevious program year and, if any, the amount of such funds used for\nsupervision and treatment services for juveniles program;\n (c) the number of alleged and adjudicated juvenile delinquents and\npersons in need of supervision and alleged and convicted juvenile\noffenders being served by such programs; and\n (d) each program name and its provider.\n