§ 530 — Reimbursement for detention

New York § 530

• Jurisdiction: New York
• Law EXC: Executive
• Title 4: Support and Reimbursement
• Art. 19-G: Office of Children and Family Services

Text

§ 530. Reimbursement for detention. 1. Definitions. As used in this\nsection, the term "municipality" shall mean a county, or a city having a\npopulation of one million or more.\n 2. Expenditures made by municipalities in providing care, maintenance\nand supervision to youth in detention facilities designated pursuant to\nsection 305.2 of the family court act and certified by office of\nchildren and family services, shall be subject to reimbursement by the\nstate, as follows:\n (a) Notwithstanding any provision of law to the contrary, eligible\nexpenditures by a municipality during a particular program year for the\ncare, maintenance and supervision in secure and non-secure detention\nfacilities certified by the office in accordance with section five\nhundred three of this article for those youth alleged to be juvenile\ndelinquents; adjudicated juvenile delinquents held pending transfer to a\nfacility upon placement, and juvenile delinquents held at the request of\nthe office of children and family services pending extension of\nplacement hearings or release revocation hearings or while awaiting\ndisposition of such hearings; and youth alleged to be or convicted as\njuvenile offenders, youthful offenders and adolescent offenders and\nprior to January first, two thousand twenty, youth alleged to be persons\nin need of supervision or adjudicated persons in need of supervision\nheld pending transfer to a facility upon placement in foster care\nprograms certified by the office of children and family services,\ncertified or approved foster boarding homes and non-secure detention\nfacilities certified by the office, shall be subject to state\nreimbursement for up to fifty percent of the municipality's\nexpenditures, exclusive of any federal funds made available for such\npurposes, not to exceed the municipality's distribution from funds that\nhave been appropriated specifically therefor for that program year.\nMunicipalities shall implement the use of detention risk assessment\ninstruments in a manner prescribed by the office so as to inform\ndetention decisions. Notwithstanding any other provision of state law to\nthe contrary, data necessary for completion of a detention risk\nassessment instrument may be shared among law enforcement, probation,\ncourts, detention administrators, detention providers, and the attorney\nfor the child upon retention or appointment; solely for the purpose of\naccurate completion of such risk assessment instrument, and a copy of\nthe completed detention risk assessment instrument shall be made\navailable to the applicable detention provider, the attorney for the\nchild and the court.\n (b) The state funds appropriated for juvenile detention services shall\nbe distributed to eligible municipalities by the office of children and\nfamily services based on a plan developed by the office which may\nconsider historical information regarding the number of youth remanded\nto detention, the municipality's reduction in the use of detention, the\nmunicipality's youth population, and other factors as determined by the\noffice. Such plan developed by the office shall be subject to the\napproval of the director of the budget. The office is authorized, in its\ndiscretion, to make advance distributions to a municipality in\nanticipation of state reimbursement.\n (c) A municipality may also use the funds distributed to it for\njuvenile detention services under this section for a particular program\nyear for sixty-two percent of a municipality's eligible expenditures for\nsupervision and treatment services for juveniles programs approved under\nsection five hundred twenty-nine-b of this title for services that were\nnot reimbursed from a municipality's distribution under such program\nprovided to at-risk, alleged or adjudicated juvenile delinquents or\npersons alleged or adjudicated to be in need of supervision, or alleged\nto be or convicted as juvenile offenders in community-based\nnon-residential settings. Any claims submitted by a municipality for\nreimbursement for detention services or supervision and treatment\nservices for juveniles provided during a particular program year for\nwhich the municipality does not receive state reimbursement from the\nmunicipality's distribution of detention services funds for that program\nyear may not be claimed against the municipality's distribution of funds\navailable under this section for the next applicable program year. The\noffice may require that such claims be submitted to the office\nelectronically at such times and in the manner and format required by\nthe office.\n (d) (i) Notwithstanding any provision of law or regulation to the\ncontrary, any information or data necessary for the development,\nvalidation or revalidation of the detention risk assessment instrument\nshall be shared among local probation departments, the office of\nprobation and correctional alternatives and, where authorized by the\ndivision of criminal justice services, the entity under contract with\nthe division to provide information technology services related to youth\nassessment and screening, the office of children and family services,\nand any entity under contract with the office of children and family\nservices to provide services relating to the development, validation or\nrevalidation of the detention risk assessment instrument. Any such\ninformation and data shall not be commingled with any criminal history\ndatabase. Any information and data used and shared pursuant to this\nsection shall only be used and shared for the purposes of this section\nand in accordance with this section. Such information shall be shared\nand received in a manner that protects the confidentiality of such\ninformation. The sharing, use, disclosure and redisclosure of such\ninformation to any person, office, or other entity not specifically\nauthorized to receive it pursuant to this section or any other law is\nprohibited.\n (ii) The office of children and family services shall consult with\nindividuals with professional research experience and expertise in\ncriminal justice; social work; juvenile justice; and applied\nmathematics, psychometrics and/or statistics to assist the office in\ndetermining the method it will use to: develop, validate and revalidate\nsuch detention risk assessment instrument; and analyze the effectiveness\nof the use of such detention risk assessment instrument in accomplishing\nits intended goals; and analyze, to the greatest extent possible any\ndisparate impact on detention outcomes for juveniles based on race, sex,\nnational origin, economic status and any other constitutionally\nprotected class, regarding the use of such instrument. The office shall\nconsult with such individuals regarding whether it is appropriate to\nattempt to analyze whether there is any such disparate impact based on\nsexual orientation and, if so, the best methods to conduct such\nanalysis. The office shall take into consideration any recommendations\ngiven by such individuals involving improvements that could be made to\nsuch instrument and process.\n (iii) Data collected for the purposes of completing the detention risk\nassessment instrument from any source other than an officially\ndocumented record shall be confirmed as soon as practicable. Should any\ndata originally utilized in completing the risk assessment instrument be\nfound to conflict with the officially documented record, the risk\nassessment instrument shall be completed with the officially documented\ndata and any corresponding revision to the risk categorization shall be\nmade. The office shall periodically revalidate any approved risk\nassessment instrument. The office shall conspicuously post any approved\ndetention risk assessment instrument on its website and shall confer\nwith appropriate stakeholders, including but not limited to, attorneys\nfor children, presentment agencies, probation, and the family court,\nprior to revising any validated risk assessment instrument. Any such\nrevised risk assessment instrument shall be subject to periodic\nempirical validation.\n 3. Wherever detention services are not provided directly or indirectly\nby a municipality, the municipality shall act as the intermediary\nbetween the office of children and family services and the agency\nlawfully providing such services, for the purpose of claiming and\nreceiving reimbursement, furnishing financial information and obtaining\napproval for reserved accommodations pursuant to this section.\n 4. (a) The municipality must notify the office of children and family\nservices of state aid received under other state aid formulas by each\ndetention facility for which the municipality is seeking reimbursement\npursuant to this section, including but not limited to, aid for\neducation, probation and mental health services.\n (b) In computing reimbursement to the municipality pursuant to this\nsection, the office shall insure that the aggregate of state aid under\nall state aid formulas shall not exceed fifty percent of the cost of\ncare, maintenance and supervision provided to detainees eligible for\nstate reimbursement under subdivision two of this section, exclusive of\nfederal aid for such purposes not to exceed the amount of the\nmunicipality's distribution under the juvenile detention services\nprogram.\n (c) Reimbursement for administrative related expenditures as defined\nby the office of children and family services, for secure and nonsecure\ndetention services shall not exceed seventeen percent of the total\napproved expenditures for facilities of twenty-five beds or more and\nshall not exceed twenty-one percent of the total approved expenditures\nfor facilities with less than twenty-five beds.\n 5. (a) Except as provided in paragraph (b) of this subdivision, care,\nmaintenance and supervision for the purpose of this section shall mean\nand include only:\n (1) temporary care, maintenance and supervision provided to alleged\njuvenile delinquents in detention facilities certified pursuant to\nsection 305.2 of the family court act by the office of children and\nfamily services, pending adjudication of alleged delinquency by the\nfamily court, or pending transfer to institutions to which committed or\nplaced by such court or while awaiting disposition by such court after\nadjudication or held pursuant to a securing order of a criminal court if\nthe person named therein as principal is under seventeen years of age;\nor\n (1-a) commencing on October first, two thousand nineteen, temporary\ncare, maintenance, and supervision provided to alleged juvenile\ndelinquents in detention facilities certified by the office of children\nand family services, pending adjudication of alleged delinquency by the\nfamily court, or pending transfer to institutions to which committed or\nplaced by such court or while awaiting disposition by such court after\nadjudication or held pursuant to a securing order of a criminal court if\nthe person named therein as principal is under twenty-one; or\n (2) temporary care, maintenance and supervision provided juvenile\ndelinquents in approved detention facilities at the request of the\noffice of children and family services pending release revocation\nhearings or while awaiting disposition after such hearings; or\n (3) temporary care, maintenance and supervision in approved detention\nfacilities for youth held pursuant to the family court act or the\ninterstate compact on juveniles, pending return to their place of\nresidence or domicile; or\n (4) prior to January first, two thousand twenty temporary care,\nmaintenance and supervision provided youth detained in foster care\nfacilities or certified or approved family boarding homes pursuant to\narticle seven of the family court act.\n (b) Payments made for reserved accommodations, whether or not in full\ntime use, approved and certified by the office of children and family\nservices and certified pursuant to section 305.2 of the family court\nact, in order to assure that adequate accommodations will be available\nfor the immediate reception and proper care therein of youth for which\ndetention costs are reimbursable pursuant to paragraph (a) of this\nsubdivision, shall be reimbursed as expenditures for care, maintenance\nand supervision under the provisions of this section, provided the\noffice shall have given its prior approval for reserving such\naccommodations.\n 6. The office of children and family services may adopt, amend, or\nrescind all rules and regulations, subject to the approval of the\ndirector of the budget and certification to the chairmen of the senate\nfinance and assembly ways and means committees, necessary to carry out\nthe provisions of this section.\n 7. The agency administering detention for each county and the city of\nNew York shall submit to the office of children and family services, at\nsuch times and in such form and manner and containing such information\nas required by the office of children and family services, an annual\nreport on youth remanded pursuant to article three or seven of the\nfamily court act who are detained during each calendar year including,\ncommencing January first, two thousand twelve, the risk level of each\ndetained youth as assessed by a detention risk assessment instrument\napproved by the office of children and family services provided,\nhowever, that the report due January first, two thousand twenty-one and\nthereafter shall not be required to contain any information on youth who\nare subject to article seven of the family court act. The office may\nrequire that such data on detention use be submitted to the office\nelectronically. Such report shall include, but not be limited to, the\nreason for the court's determination in accordance with section 320.5 or\nseven hundred thirty-nine of the family court act to detain the youth;\nthe offense or offenses with which the youth is charged; and all other\nreasons why the youth remains detained. The office shall submit a\ncompilation of all the separate reports to the governor and the\nlegislature.\n 8. Notwithstanding any law to the contrary, on or after January first,\ntwo thousand twenty, the state shall not reimburse for the cost of the\ndetention of any person in need of supervision under article seven of\nthe family court act.\n