New York State Assembly

 
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A04876 Summary:

A04876 Actions:

A04876 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:02/07/2017AYE/NAY:13/7  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Nay
Schimminger
Nay
Giglio
Nay
Weinstein
Excused
McKevitt
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Nay
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:02/07/2017AYE/NAY:20/9  Action: Favorable         
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Excused
Schimminger
Excused
Barclay
Nay
Gantt
Excused
Fitzpatrick
Nay
Weinstein
Excused
Hawley
Nay
Glick
Excused
Malliotakis
Nay
Nolan
Aye
Walter
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Nay
Colton
Aye
Ra
Nay
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

A04876 Floor Votes:

A04876 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4876
 
SPONSOR: Lentol

 
TITLE OF BILL:
 
An act to amend the family court act, in relation to family court
proceedings, jurisdiction of the court, the definition of juvenile
delinquent, the definition of a designated felony act, the procedures
regarding the adjustment of cases from criminal courts to family court,
the age at which children may be tried as an adult for various felonies,
and the manner in which courts handle juvenile delinquent cases; to
amend the social services law, in relation to state reimbursement for
expenditures made by social services districts for various services; to
amend the social services law, in relation to the definitions of juve-
nile delinquent and persons in need of supervision; to amend the penal
law, in relation to the definition of infancy and the authorized dispo-
sitions, sentences, and periods of post-release supervision for juvenile
offenders; to amend chapter 3 of the laws of 1995, enacting the sentenc-
ing reform act of 1995, in relation to extending the expiration of
certain provisions of such chapter; to amend the criminal procedure law,
in relation to the definition of juvenile offender; to amend the crimi-
nal procedure law, in relation to the arrest of a juvenile offender
without a warrant; in relation to conditional sealing of certain
convictions; in relation to removal of certain proceedings to family
court; in relation to joinder of offenses and consolidation of indict-
ments; in relation to appearances and hearings for and placements of
certain juvenile offenders; in relation to raising the age for juvenile
offender status; in relation to creating a youth part for certain
proceedings involving juvenile offenders; to amend the correction law,
in relation to requiring that no county jail be used for the confinement
of persons under the age of eighteen; to amend the education law, in
relation to certain contracts with the office of children and family
services; to amend the education law, in relation to the possession of a
gun on school grounds by a student; to amend the executive law, in
relation to persons in need of supervision or youthful offenders; and to
amend the vehicle and traffic law, in relation to convictions; and in
relation to suspension, revocation and reissuance of licenses and regis-
trations; and to repeal certain provisions of the correction law relat-
ing to the housing of prisoners and other persons in custody
 
 
PURPOSE OR GENERAL IDEA OF BILL
 
The bill amends and enacts various provisions of law to raise the age of
adult criminal responsibility from sixteen to eighteen so that youth who
are charged with a crime may be treated in a more age appropriate
manner. The changes implemented in the bill reflect the evidence that,
the current system has not been effective in deterring and preventing
future crime, while maintaining a mechanism that youth, on a case by
case basis, may be tried in adult criminal court when the circumstances
warrant.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Generally, the bill would treat 16 and 17 year olds charged with crimes
in the same manner that 15 year olds are treated under existing law.
Specifically, the bill would:
 
*raise the age of criminal responsibility to 18;
 
*prohibit the placement of anyone under the age of 18 in adult jail or
prison;
 
*apply the current list of juvenile offenses to 16 and 17-year olds and
create a narrow list of additional juvenile offenses applicable only to
16- and 17-year olds. The new juvenile offenses are limited to high
level violent felony offenses that are first degree crimes, felony sex
crimes and crimes having to do with biological weapons;
 
*establish a youth part in adult criminal court wherein juvenile offen-
ders will be processed. Juvenile offenders will receive the same
protections during questioning by police that youth adjudicated in Fami-
ly Court receive, such as the presence of a parent and the requirement
that such questioning take place in a location suitable for children. A
case may be removed to Family Court, however the youth part, in its
discretion, may retain the case as a juvenile delinquency proceeding and
apply the Family Court Act;
 
*prohibit the detention or placement of a juvenile offender for a
violation of a condition of his or her probation that would not other-
wise constitute a crime unless the juvenile poses a specific imminent
threat to public safety or the use of graduated sanctions have been
exhausted;
 
*provide for the sealing of certain eligible offenses. Eligible offenses
do not include homicide offenses, violent felony offenses as defined in
the penal law, class A felonies, and offenses requiring registration as
a sex offender. This provision will apply retroactively;
 
*expand the existing youthful offender law to allow persons up to 20
years of age to be given youthful offender status and create a presump-
tion of youthful offender status;
 
*raise the age of juvenile delinquency to 12 unless the offense is
murder, in which case the age is raised to 10;
 
*provide that juveniles charged with misdemeanor and felony vehicle and
traffic offenses would be charged as juvenile delinquents in family
court. Traffic infractions would remain in the local courts;
 
*allow additional opportunities for juvenile delinquents to receive
services by requiring probation to make a service needs assessment of
each youth, and allow the judge to order services at various stages of
the Family Court proceeding;
 
*require probation to seek adjustment of a juvenile delinquency case_
before a petition is filed, and in instances where the written approval
of the court is required to adjust a case (for juvenile delinquents
removed from the Youth Part in Criminal Court to the Family Court),
require probation to seek such written approval;
 
*prohibit detention and placement of all low-level juvenile delinquents
unless they score high on the risk assessment instrument or pose a
threat to public safety;
 
*allow detention and placement of Persons in Need of Supervision (PINS)
only if the court finds that continuation in the home would exacerbate
 
the underlying problem, or create a safety risk to the child or the
child's family;
 
*authorize detention of PINS only in a foster care setting, and only for
shortened periods of time;
 
*require Family Support Centers to be available statewide with full
state reimbursement, and expand their scope of services to be provided
to adjudicated PINS as well as alleged or adjudicated juvenile delin-
quents; and
 
*provide additional opportunities for PINS to be referred to Family
Support Centers through judicial order at various stages in the Family
Court proceeding.
 
 
JUSTIFICATION:
 
New York is one of only two states (New York and North Carolina) to
mandate that all youth aged sixteen and seventeen, charged with any
offense, be prosecuted and sentenced in adult criminal court. While many
other states have reconsidered this issue in light of new evidence on
child development and cognitive thinking (including North Carolina which
has taken steps to begin the process of reform), New York's very young
age of adult responsibility has remained unchanged for decades. Addi-
tionally, youth as young as thirteen or fourteen in some cases are tried
in the adult criminal court system under New York's "Juvenile Offender"
law.
 
Several studies have shown that treating minors as adults in the crimi-
nal justice system is often counter-productive in rehabilitating the
youth and ineffective in preventing future criminal acts.
 
Research has shown that children's brains do not fully develop until
after the age of eighteen, and youths who engage in criminal conduct
often do not have the same level of understanding of their actions as
adults.
 
In 2005, the United States Supreme Court ruled that states may not
impose the death penalty for crimes committed by persons under the age
of eighteen, citing evidence that minors are less mentally culpable for
their actions than adults and further, that minors have a greater chance
of rehabilitation. Additionally, studies have shown that the penalties
and longer sentences often imposed by adult criminal courts do not
reduce the recidivism rate of youth who commit crimes, compared to simi-
larly situated youth who are adjudicated in a juvenile court system. The
services and alternative to detention programs available in Family Court
can help meet the specific needs of each youth, including treatment for
mental health and substance abuse, often at lower cost.
 
There are significant and sometimes lifelong implications for young
people adjudicated in the criminal court system, which extend into the
areas of education and employment, including earning potential.  Only
about one-third of young adults returning from prison in New York return
to school, and studies have shown that those who do not have a high
school diploma are more likely to be unemployed and more likely to be
recipients of public assistance. Further, the ability to obtain and keep
employment can be difficult for those with criminal records. Addi-
tionally, studies have shown that youth who were adjudicated in the
criminal court system see a much lower earning potential than youth who
were adjudicated in the juvenile court system.
 
In addition to potentially improving the lives and future of New York's
troubled youth, the state could also realize real cost savings in treat-
ing many of those under the age of eighteen as juveniles as opposed to
treating all persons sixteen and older as adults. Many states that have
shifted younger persons out of criminal court and into the juvenile or
family court system have seen tremendous savings due in part to the
lower cost of community-based alternatives, as well as the reduced reci-
divism rate of these youth. Of course, fewer victims in the future also
means a safer society, and less spending on victim services.
 
New York should adjust this aspect of its juvenile justice system to
reflect the better understanding we now have of youth accused of crimes.
We now know the potential that some of these youths have for redemption
and the possibility to become productive members of society. This bill
preserves the jurisdiction of the adult courts to try persons 13, 14,
15, 16 or 17 years old for "juvenile offender" crimes. But for less
serious crimes, and for "JO" crimes that can best be handled in Family
Court or in the newly created youth part, this bill brings about a
necessary reform.
 
PRIOR LEGISLATIVE HISTORY:
 
2015: A.7642 advanced to third reading.
 
 
FISCAL IMPLICATIONS:
 
In the 2017 budget, $110 million in capital is set aside for this
purpose.
 
 
EFFECTIVE DATE:
This act shall take effect immediately provided however, that:  Sections
one through twenty-four, twenty-six through fifty-nine, sixty-one
through sixty-six, sixty-eighty through seventy-six and eighty through
one hundred-a shall take effect on January 1, 2019.  Sections sixty-sev-
en, and seventy-seven through seventy-nine of this act shall take effect
sixty days after it shall have become law.

A04876 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4876
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2017
                                       ___________
 
        Introduced by M. of A. LENTOL, JAFFEE, HEASTIE, AUBRY, WEINSTEIN, PERRY,
          WEPRIN, FARRELL, HEVESI, O'DONNELL, LUPARDO, BLAKE, SEPULVEDA, MOSLEY,
          RAMOS,  HOOPER,  COOK,  ARROYO,  ORTIZ, RIVERA, PEOPLES-STOKES, TITUS,
          CRESPO, MOYA, KIM, ROZIC, SOLAGES, DAVILA, PICHARDO, BARRON, BICHOTTE,
          DILAN, JEAN-PIERRE,  JOYNER,  WALKER,  RICHARDSON,  SIMON,  ROSENTHAL,
          GOTTFRIED,  TITONE,  RODRIGUEZ,  FAHY -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the family  court  act,  in  relation  to  family  court
          proceedings,  jurisdiction  of  the  court, the definition of juvenile
          delinquent, the definition of a designated felony act, the  procedures
          regarding  the  adjustment  of  cases  from  criminal courts to family
          court, the age at which children may be tried as an adult for  various
          felonies,  and  the  manner in which courts handle juvenile delinquent
          cases; to  amend  the  social  services  law,  in  relation  to  state
          reimbursement  for  expenditures made by social services districts for
          various services; to amend the social services law, in relation to the
          definitions of juvenile delinquent and persons in need of supervision;
          to amend the penal law, in relation to the definition of  infancy  and
          the  authorized  dispositions,  sentences, and periods of post-release
          supervision for juvenile offenders; to amend chapter 3 of the laws  of
          1995,  enacting  the  sentencing  reform  act  of 1995, in relation to
          extending the expiration of certain provisions  of  such  chapter;  to
          amend  the  criminal  procedure  law, in relation to the definition of
          juvenile offender; to amend the criminal procedure law, in relation to
          the arrest of a juvenile offender without a warrant;  in  relation  to
          conditional  sealing of certain convictions; in relation to removal of
          certain proceedings  to  family  court;  in  relation  to  joinder  of
          offenses  and consolidation of indictments; in relation to appearances
          and hearings for and placements  of  certain  juvenile  offenders;  in
          relation  to raising the age for juvenile offender status; in relation
          to creating a youth part for certain  proceedings  involving  juvenile
          offenders;  to amend the correction law, in relation to requiring that
          no county jail be used for the confinement of persons under the age of
          eighteen; to amend the education law, in relation to certain contracts
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09030-04-7
        A. 4876                             2
 
          with the office of children and family services; to amend  the  educa-
          tion  law, in relation to the possession of a gun on school grounds by
          a student; to amend the executive law, in relation to persons in  need
          of  supervision  or  youthful  offenders; and to amend the vehicle and
          traffic law, in relation to convictions; and in  relation  to  suspen-
          sion,  revocation and reissuance of licenses and registrations; and to
          repeal certain provisions of the correction law relating to the  hous-
          ing of prisoners and other persons in custody
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (vi) of subdivision (a) of  section  115  of  the
     2  family  court  act,  as  amended  by chapter 222 of the laws of 1994, is
     3  amended to read as follows:
     4    (vi) proceedings concerning juvenile delinquency as set forth in arti-
     5  cle three of this act that are commenced in family court.
     6    § 2. Subdivision (e) of section 115 of the family court act, as  added
     7  by chapter 222 of the laws of 1994, is amended to read as follows:
     8    (e)  The  family  court  has concurrent jurisdiction with the criminal
     9  court over all family offenses as defined in article eight of  this  act
    10  and  has concurrent jurisdiction with the youth part of a superior court
    11  over any juvenile delinquency proceeding resulting from the  removal  of
    12  the  case  to the family court pursuant to article seven hundred twenty-
    13  five of the criminal procedure law.
    14    § 3. Subdivision (b) of section  117  of  the  family  court  act,  as
    15  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    16    (b)  For  every juvenile delinquency proceeding under article three of
    17  this act involving an allegation of an act committed by a person  which,
    18  if  done  by  an adult, would [be a crime (i) defined in sections 125.27
    19  (murder in the first degree); 125.25  (murder  in  the  second  degree);
    20  135.25  (kidnapping  in the first degree); or 150.20 (arson in the first
    21  degree) of the penal law committed by a  person  thirteen,  fourteen  or
    22  fifteen  years of age; or such conduct committed as a sexually motivated
    23  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    24  (ii)  defined  in  sections 120.10 (assault in the first degree); 125.20
    25  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    26  130.50  (criminal sexual act in the first degree); 135.20 (kidnapping in
    27  the second degree), but only where the abduction  involved  the  use  or
    28  threat  of  use  of  deadly  physical force; 150.15 (arson in the second
    29  degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
    30  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    31  such conduct committed as a sexually motivated felony, where  authorized
    32  pursuant  to section 130.91 of the penal law; (iii) defined in the penal
    33  law as an attempt to commit murder in the  first  or  second  degree  or
    34  kidnapping  in the first degree committed by a person thirteen, fourteen
    35  or fifteen years of age; or such conduct committed as a  sexually  moti-
    36  vated  felony,  where authorized pursuant to section 130.91 of the penal
    37  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
    38  subdivision  one  of  section  140.25  (burglary  in the second degree);
    39  subdivision two of section 160.10 (robbery in the second degree) of  the
    40  penal law; or section 265.03 of the penal law, where such machine gun or
    41  such  firearm  is possessed on school grounds, as that phrase is defined
    42  in subdivision fourteen of section 220.00 of the penal law committed  by
    43  a  person fourteen or fifteen years of age; or such conduct committed as
        A. 4876                             3

     1  a sexually motivated felony, where authorized pursuant to section 130.91
     2  of the penal law; (v) defined in section 120.05 (assault in  the  second
     3  degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
     4  committed  by  a  person fourteen or fifteen years of age but only where
     5  there has been a prior finding by a court that such person has previous-
     6  ly committed an act which, if committed by an adult, would be the  crime
     7  of  assault  in  the  second degree, robbery in the second degree or any
     8  designated felony act specified in clause (i), (ii)  or  (iii)  of  this
     9  subdivision  regardless  of  the  age  of such person at the time of the
    10  commission of the prior act; or (vi) other than a misdemeanor, committed
    11  by a person at least seven but less than sixteen years of age, but  only
    12  where  there  has  been two prior findings by the court that such person
    13  has committed a prior act which, if committed by an  adult  would  be  a
    14  felony]  constitute  a  designated  felony act as defined in subdivision
    15  eight of section 301.2 of such article:
    16    (i) There is hereby established in the family court in the city of New
    17  York at least one "designated felony act part." Such part or parts shall
    18  be held separate from all other proceedings of the court, and shall have
    19  jurisdiction over all proceedings involving such an allegation that  are
    20  not referred to the youth part of a superior court. All such proceedings
    21  shall  be  originated in or be transferred to this part from other parts
    22  as they are made known to the court.
    23    (ii) Outside the city of New York, all proceedings involving  such  an
    24  allegation  shall  have a hearing preference over every other proceeding
    25  in the court, except proceedings under article ten of this act.
    26    § 4. Subdivision 1 of section 301.2 of the family court act, as  added
    27  by chapter 920 of the laws of 1982, is amended to read as follows:
    28    1.  "Juvenile  delinquent"  means  a  person [over seven and less than
    29  sixteen years of age, who, having committed an act that would constitute
    30  a crime if committed by an adult, (a) is not criminally responsible  for
    31  such  conduct by reason of infancy, or (b) is the defendant in an action
    32  ordered removed from a criminal court to the family  court  pursuant  to
    33  article seven hundred twenty-five of the criminal procedure law]:
    34    (a) who is:
    35    (i) ten or eleven years of age who committed an act that would consti-
    36  tute  a crime as defined in section 125.25 (murder in the second degree)
    37  of the penal law if committed by an adult; or
    38    (ii) at least twelve years of age and less than eighteen years of  age
    39  who  committed  an  act that would constitute a crime if committed by an
    40  adult; or
    41    (iii) sixteen or seventeen years of age who committed a  violation  of
    42  paragraph (a) of subdivision two of section sixty-five-b of the alcohol-
    43  ic  beverage  control law provided, however, that such person shall only
    44  be deemed to be a juvenile  delinquent  for  the  purposes  of  imposing
    45  license  sanctions  in accordance with subdivision four of section 352.2
    46  of this article; and
    47    (b) who is either:
    48    (i) not criminally responsible for such conduct by reason of  infancy;
    49  or
    50    (ii)  the  defendant  in  an  action  based  on such act that has been
    51  ordered removed to the family court pursuant to  article  seven  hundred
    52  twenty-five of the criminal procedure law.
    53    §  5.  Subdivisions  8 and 9 of section 301.2 of the family court act,
    54  subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
    55  sion  9 as added by chapter 920 of the laws of 1982, are amended to read
    56  as follows:
        A. 4876                             4
 
     1    8. "Designated felony act" means an act which, if done  by  an  adult,
     2  would  be  a crime: (i) defined in sections [125.27 (murder in the first
     3  degree);] 125.25 (murder in the second degree);  135.25  (kidnapping  in
     4  the  first  degree);  or 150.20 (arson in the first degree) of the penal
     5  law  committed by a person thirteen, fourteen [or], fifteen, sixteen, or
     6  seventeen years of age; or such conduct committed as  a  sexually  moti-
     7  vated  felony,  where authorized pursuant to section 130.91 of the penal
     8  law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
     9  125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
    10  degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
    11  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
    12  second  degree)  but only where the abduction involved the use or threat
    13  of use of deadly physical force; 150.15 (arson in the second degree)  or
    14  160.15  (robbery  in  the  first degree) of the penal law committed by a
    15  person thirteen, fourteen [or], fifteen, sixteen, or seventeen years  of
    16  age;  or  such  conduct  committed as a sexually motivated felony, where
    17  authorized pursuant to section 130.91 of the penal law; (iii) defined in
    18  the penal law as an attempt to commit murder  in  the  first  or  second
    19  degree or kidnapping in the first degree committed by a person thirteen,
    20  fourteen  [or],  fifteen,  sixteen,  or  seventeen years of age; or such
    21  conduct committed as  a  sexually  motivated  felony,  where  authorized
    22  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    23  140.30 (burglary in the first degree); subdivision one of section 140.25
    24  (burglary in the second  degree);  subdivision  two  of  section  160.10
    25  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    26  the penal law, where such machine gun or such firearm  is  possessed  on
    27  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    28  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    29  fifteen  years of age; or such conduct committed as a sexually motivated
    30  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    31  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    32  (robbery in the second degree) of the penal law committed  by  a  person
    33  fourteen [or], fifteen, sixteen or seventeen years of age but only where
    34  there has been a prior finding by a court that such person has previous-
    35  ly  committed an act which, if committed by an adult, would be the crime
    36  of assault in the second degree, robbery in the  second  degree  or  any
    37  designated felony act specified in paragraph (i), (ii), or (iii) of this
    38  subdivision  regardless  of  the  age  of such person at the time of the
    39  commission of the prior act; [or] (vi) other than a misdemeanor  commit-
    40  ted by a person at least [seven] twelve but less than [sixteen] eighteen
    41  years  of  age,  but only where there has been two prior findings by the
    42  court that such person has committed a prior felony; or (vii) defined in
    43  section 460.22 (aggravated  enterprise  corruption);  490.25  (crime  of
    44  terrorism);  490.45 (criminal possession of a chemical weapon or biolog-
    45  ical weapon in the first degree); 490.50 (criminal  use  of  a  chemical
    46  weapon  or biological weapon in the second degree); 490.55 (criminal use
    47  of a chemical weapon or biological weapon in the first  degree);  120.11
    48  (aggravated  assault  upon  a police officer or a peace officer); 125.22
    49  (aggravated manslaughter in the first degree);  215.17  (intimidating  a
    50  victim or witness in the first degree); 265.04 (criminal possession of a
    51  weapon  in  the  first degree); 265.09 (criminal use of a firearm in the
    52  first degree); 265.13 (criminal sale of a firearm in the first  degree);
    53  490.35  (hindering prosecution of terrorism in the first degree); 490.40
    54  (criminal possession of a chemical weapon or biological  weapon  in  the
    55  second  degree); 490.47 (criminal use of a chemical weapon or biological
    56  weapon in the third degree); 121.13 (strangulation in the first degree);
        A. 4876                             5

     1  490.37 (criminal possession of a chemical weapon or biological weapon in
     2  the third degree) of the penal law; or a felony sex offense  as  defined
     3  in paragraph (a) of subdivision one of section 70.80 of the penal law.
     4    9.  "Designated  class  A  felony  act"  means a designated felony act
     5  [defined in paragraph (i) of subdivision eight] that would constitute  a
     6  class A felony if committed by an adult.
     7    §  6. Subdivision 1 of section 302.1 of the family court act, as added
     8  by chapter 920 of the laws of 1982, is amended to read as follows:
     9    1. The family court  has  exclusive  original  jurisdiction  over  any
    10  proceeding  to  determine  whether  a  person  is  a juvenile delinquent
    11  commenced in family court and concurrent  jurisdiction  with  the  youth
    12  part  of a superior court over any such proceeding removed to the family
    13  court pursuant to article seven  hundred  twenty-five  of  the  criminal
    14  procedure law.
    15    §  6-a.  Section  302.1 of the family court act is amended by adding a
    16  new subdivision 3 to read as follows:
    17    3. Whenever a crime and a traffic infraction arise  out  of  the  same
    18  transaction  or  occurrence, a charge alleging both offenses may be made
    19  returnable before the court having jurisdiction over the crime.  Nothing
    20  herein provided shall be construed to prevent a court, having  jurisdic-
    21  tion over a criminal charge relating to traffic or a traffic infraction,
    22  from lawfully entering a judgment of conviction, whether or not based on
    23  a plea of guilty, for an offense classified as a traffic infraction.
    24    § 7. Section 304.1 of the family court act, as added by chapter 920 of
    25  the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
    26  1987, is amended to read as follows:
    27    § 304.1. Detention. 1. A facility certified by the state [division for
    28  youth]  office  of  children and family services as a juvenile detention
    29  facility must be operated in conformity  with  the  regulations  of  the
    30  state  [division  for  youth  and shall be subject to the visitation and
    31  inspection of the state board of social welfare] office of children  and
    32  family services.
    33    2.  No child to whom the provisions of this article may apply shall be
    34  detained in any prison, jail, lockup, or other  place  used  for  adults
    35  convicted  of  crime  or under arrest and charged with crime without the
    36  approval of the state [division for youth] office of children and family
    37  services in the case of each child and  the  statement  of  its  reasons
    38  therefor.   The state [division for youth] office of children and family
    39  services shall promulgate and publish the rules which it shall apply  in
    40  determining whether approval should be granted pursuant to this subdivi-
    41  sion.
    42    3.  [The  detention  of  a  child  under  ten years of age in a secure
    43  detention facility shall not be directed under any of the provisions  of
    44  this article.
    45    4.] A detention facility which receives a child under subdivision four
    46  of  section  305.2  shall immediately notify the child's parent or other
    47  person legally responsible for his or  her  care  or,  if  such  legally
    48  responsible  person  is  unavailable  the  person  with  whom  the child
    49  resides, that he or she has been placed in detention.
    50    § 8. Subdivision 1 of section 304.2 of the family court act, as  added
    51  by chapter 683 of the laws of 1984, is amended to read as follows:
    52    (1) Upon application by the presentment agency, or upon application by
    53  the probation service as part of the adjustment of a case, the court may
    54  issue  a  temporary  order  of  protection against a respondent for good
    55  cause shown, ex parte or upon notice, at any time after  a  juvenile  is
    56  taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
        A. 4876                             6
 
     1  ance  of  an  appearance  ticket  pursuant  to section 307.1 or upon the
     2  filing of a petition pursuant to section 310.1.
     3    §  9. Subdivision 1 of section 305.1 of the family court act, as added
     4  by chapter 920 of the laws of 1982, is amended to read as follows:
     5    1. A private person may take a child [under the age  of  sixteen]  who
     6  may  be  subject to the provisions of this article for committing an act
     7  that would be a crime if committed by an adult into custody in cases  in
     8  which  [he]  such  private  person may arrest an adult for a crime under
     9  section 140.30 of the criminal procedure law.
    10    § 10. Subdivision 2 of section 305.2 of the family court act, as added
    11  by chapter 920 of the laws of 1982, is amended to read as follows:
    12    2. An officer may take a child [under the age of sixteen] who  may  be
    13  subject  to  the  provisions  of this article for committing an act that
    14  would be a crime if committed by an adult into custody without a warrant
    15  in cases in which [he] the officer may arrest a person for a crime under
    16  article one hundred forty of the criminal procedure law.
    17    § 11. Paragraph (b) of subdivision 4 of section 305.2  of  the  family
    18  court  act, as amended by chapter 492 of the laws of 1987, is amended to
    19  read as follows:
    20    (b) forthwith and with all reasonable speed take the  child  directly,
    21  and  without  his  first being taken to the police station house, to the
    22  family court located in the county in  which  the  act  occasioning  the
    23  taking  into  custody allegedly was committed, or, when the family court
    24  is not in session, to the most accessible magistrate, if any, designated
    25  by the appellate division of the supreme court in the applicable depart-
    26  ment to conduct a hearing under section 307.4 of this part,  unless  the
    27  officer  determines that it is necessary to question the child, in which
    28  case he or she may take the child to a facility designated by the  chief
    29  administrator  of  the courts as a suitable place for the questioning of
    30  children or, upon the consent  of  a  parent  or  other  person  legally
    31  responsible  for  the  care  of  the child, to the child's residence and
    32  there question him or her for a reasonable period of time; or
    33    § 12. Subdivision 1 of section 306.1  of  the  family  court  act,  as
    34  amended  by  chapter  645  of  the  laws  of 1996, is amended to read as
    35  follows:
    36    1. Following the arrest of a child alleged to  be  a  juvenile  delin-
    37  quent, or the filing of a delinquency petition involving a child who has
    38  not  been  arrested,  the  arresting officer or other appropriate police
    39  officer or agency shall take or cause to be taken fingerprints  of  such
    40  child if:
    41    (a)  the  child is eleven years of age or older and the crime which is
    42  the subject of the arrest or which is charged in  the  petition  consti-
    43  tutes a class [A or B] A-1 felony; [or]
    44    (b)  the  child is twelve years of age or older and the crime which is
    45  the subject of the arrest or which is charged in  the  petition  consti-
    46  tutes a class A or B felony; or
    47    (c) the child is thirteen years of age or older and the crime which is
    48  the  subject  of  the arrest or which is charged in the petition consti-
    49  tutes a class C, D or E felony.
    50    § 13. Section 307.3 of the family court act, as added by  chapter  920
    51  of  the  laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
    52  the laws of 1987, is amended to read as follows:
    53    § 307.3. Rules of court authorizing release before filing of petition.
    54  1. The agency responsible for operating a detention facility pursuant to
    55  section two hundred eighteen-a of the county law, five  hundred  [ten-a]
    56  three  of the executive law or other applicable provisions of law, shall
        A. 4876                             7
 
     1  release a child in custody before the filing of a petition to the custo-
     2  dy of his or her parents or other person legally responsible for his  or
     3  her  care,  or  if  such legally responsible person is unavailable, to a
     4  person  with  whom  he  or  she resides, when the events occasioning the
     5  taking into custody do not appear to involve allegations that the  child
     6  committed a delinquent act.
     7    2.  When practicable such agency may release a child before the filing
     8  of a petition to the custody of his  or  her  parents  or  other  person
     9  legally  responsible for his or her care, or if such legally responsible
    10  person is unavailable, to a person with whom he or she resides, when the
    11  events occasioning the taking into custody appear to involve allegations
    12  that the child committed a  delinquent act; provided, however, that such
    13  agency must release the child if:
    14    (a) such events appear to involve  only  allegations  that  the  child
    15  committed  acts  that would constitute more than a violation but no more
    16  than a misdemeanor if committed by an adult if:
    17    (i) the alleged acts did not result in any physical injury as  defined
    18  in subdivision nine of section 10.00 of the penal law to another person;
    19  and
    20    (ii)  the child was assessed at a low risk on the applicable detention
    21  risk assessment instrument approved by the office of children and family
    22  services unless  the  agency  determines  that  detention  is  necessary
    23  because the respondent otherwise poses an imminent risk to public safety
    24  and states the reasons for such determination in the child's record; or
    25    (b) such events appear to involve allegations that the child committed
    26  acts that would constitute a felony if committed by an adult if:
    27    (i)  the alleged acts did not result in any physical injury as defined
    28  in subdivision nine of section 10.00 of the penal law to another person;
    29    (ii) the child does not have any prior adjudications for an  act  that
    30  would constitute a felony if committed by an adult;
    31    (iii)  the  child  has  no more than one prior adjudication for an act
    32  that would constitute a misdemeanor if committed by an  adult  and  that
    33  act also did not result in any physical injury to another person; and
    34    (iv)  the child was assessed at a low risk on the applicable detention
    35  risk assessment instrument approved by the office of children and family
    36  services unless  the  agency  determines  that  detention  is  necessary
    37  because the respondent otherwise poses an imminent risk to public safety
    38  and states the reasons for such determination in the child's record.
    39    3. If a child is released under this section, the child and the person
    40  legally  responsible  for his or her care shall be issued a family court
    41  appearance ticket in accordance with section 307.1.
    42    4. If the agency for any reason does not release a  child  under  this
    43  section,  such  child  shall  be brought   before the appropriate family
    44  court, or when such family court is not in session, to the most accessi-
    45  ble magistrate, if any, designated by  the  appellate  division  of  the
    46  supreme  court  in the applicable department; provided, however, that if
    47  such family court is not in session and if a magistrate  is  not  avail-
    48  able, such youth shall be brought before such family court within seven-
    49  ty-two hours or the next day the court is in session, whichever is soon-
    50  er.  Such  agency  shall  thereupon  file  an  application  for an order
    51  pursuant to section 307.4 and shall forthwith serve a copy of the appli-
    52  cation upon the appropriate presentment agency. Nothing in this subdivi-
    53  sion shall preclude the adjustment of suitable cases pursuant to section
    54  308.1.
    55    § 14.  Section 308.1 of the family court act, as added by chapter  920
    56  of  the laws of 1982, subdivision 2 as amended by section 3 of part V of
        A. 4876                             8
 
     1  chapter 55 of the laws of 2012, subdivision 4 as amended by chapter  264
     2  of  the  laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of
     3  the laws of 1983, and subdivision 6 as amended by  chapter  663  of  the
     4  laws of 1985, is amended to read as follows:
     5    §  308.1.  [Rules  of  court  for  preliminary] Preliminary procedure;
     6  adjustment of cases. 1. [Rules of court shall  authorize  and  determine
     7  the circumstances under which the] The probation service may confer with
     8  any  person  seeking  to have a juvenile delinquency petition filed, the
     9  potential respondent and other interested persons concerning the  advis-
    10  ability  of  requesting that a petition be filed in accordance with this
    11  section.
    12    2. (a) Except as provided in subdivisions three [and], four, and thir-
    13  teen of this section, the probation service  [may,  in  accordance  with
    14  rules  of court,] shall attempt to adjust [suitable cases] a case before
    15  a petition is filed. Such attempts may include the  use  of  a  juvenile
    16  review board comprised of appropriate community members to work with the
    17  child  and his or her family on developing recommended adjustment activ-
    18  ities.  The probation service may stop attempting to adjust such a  case
    19  if  it determines that there is no substantial likelihood that the child
    20  will benefit from attempts at  adjustment  in  the  time  remaining  for
    21  adjustment or the time for adjustment has expired.
    22    (b)  The  inability  of  the  respondent  or his or her family to make
    23  restitution shall not be a factor in a decision to adjust a case or in a
    24  recommendation to the presentment agency pursuant to subdivision six  of
    25  this section.
    26    (c)  Nothing  in  this section shall prohibit the probation service or
    27  the court from directing a respondent to obtain employment and  to  make
    28  restitution  from  the  earnings  from  such employment. Nothing in this
    29  section shall prohibit the probation service or the court from directing
    30  an eligible person to complete an education reform program in accordance
    31  with section four hundred fifty-eight-l of the social services law.
    32    3. The probation service shall not  attempt  to  adjust  a  case  that
    33  commenced  in  family court in which the child has allegedly committed a
    34  designated felony act that involves allegations that  the  child  caused
    35  physical  injury  to  a  person  unless  [it]  the probation service has
    36  received the written approval of the court.
    37    4. The probation service shall not attempt to adjust a case  in  which
    38  the  child  has  allegedly  committed  a delinquent act which would be a
    39  crime defined in section 120.25, (reckless  endangerment  in  the  first
    40  degree),  subdivision one of section 125.15, (manslaughter in the second
    41  degree), subdivision one of section 130.25, (rape in the third  degree),
    42  subdivision  one  of  section  130.40, (criminal sexual act in the third
    43  degree), subdivision one or two of section 130.65, (sexual abuse in  the
    44  first  degree),  section 135.65, (coercion in the first degree), section
    45  140.20, (burglary in the third degree), section 150.10,  (arson  in  the
    46  third  degree),  section 160.05, (robbery in the third degree), subdivi-
    47  sion two[,] or three [or four] of section 265.02,  (criminal  possession
    48  of  a  weapon in the third degree), section 265.03, (criminal possession
    49  of a  weapon  in  the  second  degree),  or  section  265.04,  (criminal
    50  possession of a [dangerous] weapon in the first degree) of the penal law
    51  where  the child has previously had one or more adjustments of a case in
    52  which such child allegedly committed an act which would be a crime spec-
    53  ified in this subdivision unless it has received written  approval  from
    54  the court and the appropriate presentment agency.
    55    5. The fact that a child is detained prior to the filing of a petition
    56  shall  not  preclude  the  probation service from adjusting a case; upon
        A. 4876                             9
 
     1  adjusting such a case the probation service shall notify  the  detention
     2  facility to release the child.
     3    6.  The  probation service shall not transmit or otherwise communicate
     4  to the presentment agency any statement made by the child to a probation
     5  officer. However,  the  probation  service  may  make  a  recommendation
     6  regarding  adjustment  of the case to the presentment agency and provide
     7  such information, including any report made by the arresting officer and
     8  record of previous adjustments and arrests, as it shall deem relevant.
     9    7. No statement made to the probation service prior to the filing of a
    10  petition may be admitted into evidence at a fact-finding hearing or,  if
    11  the  proceeding is transferred to a criminal court, at any time prior to
    12  a conviction.
    13    8. The probation service may not prevent  any  person  who  wishes  to
    14  request  that  a petition be filed from having access to the appropriate
    15  presentment agency for that purpose.
    16    9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
    17  section  may  not extend for a period of more than two months [without],
    18  or, for a period of more than  four  months  if  the  probation  service
    19  determines  that  adjustment  beyond  the  first two months is warranted
    20  because documented barriers to adjustment exist or changes  need  to  be
    21  made to the child's services plan, except upon leave of the court, which
    22  may extend the adjustment period for an additional two months.
    23    10.  If  a case is not adjusted by the probation service, such service
    24  shall notify the appropriate presentment  agency  of  that  fact  within
    25  forty-eight hours or the next court day, whichever occurs later.
    26    11.  The probation service may not be authorized under this section to
    27  compel any person to appear at any conference, produce  any  papers,  or
    28  visit any place.
    29    12.  The  probation  service shall certify to the division of criminal
    30  justice services  and  to  the  appropriate  police  department  or  law
    31  enforcement  agency  whenever  it  adjusts a case in which the potential
    32  respondent's fingerprints were taken pursuant to section  306.1  in  any
    33  manner  other than the filing of a petition for juvenile delinquency for
    34  an act which, if committed by  an  adult,  would  constitute  a  felony,
    35  provided,  however,  in  the case of a child [eleven or] twelve years of
    36  age, such certification shall be made only if the act would constitute a
    37  class A or B felony, or, in the case of a child  eleven  years  of  age,
    38  such  certification  shall  be  made  only if the act would constitute a
    39  class A-1 felony.
    40    13. The [provisions of  this  section]  probation  service  shall  not
    41  [apply]  attempt  to  adjust  a  case  where the petition is an order of
    42  removal to the family court pursuant to article  seven  hundred  twenty-
    43  five  of  the  criminal procedure law unless it has received the written
    44  approval of the court.
    45    14. Where written approval is required prior to  adjustment  attempts,
    46  the probation department shall seek such approval.
    47    §  15.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
    48  court act, as added by chapter 920 of the laws of 1982,  is  amended  to
    49  read as follows:
    50    (c)  the fact that the respondent is a person [under sixteen years of]
    51  of the necessary age to be a juvenile delinquent  at  the  time  of  the
    52  alleged act or acts;
    53    § 16. Subdivision 1 of section 320.5 of the family court act, as added
    54  by chapter 920 of the laws of 1982, is amended to read as follows:
    55    1.  At  the  initial  appearance,  the court in its discretion may (a)
    56  release the respondent or (b) direct his detention.
        A. 4876                            10
 
     1    § 17. Subdivision 3 of section  320.5  of  the  family  court  act  is
     2  amended by adding a new paragraph (a-1) to read as follows:
     3    (a-1)  Notwithstanding  paragraph  (a)  of this subdivision, the court
     4  shall not direct detention if:
     5    (i) such events appear to involve  only  allegations  that  the  child
     6  committed  acts  that would constitute more than a violation but no more
     7  than a misdemeanor if committed by an adult if:
     8    (1) the alleged acts did not result in any physical injury as  defined
     9  in subdivision nine of section 10.00 of the penal law to another person;
    10  and
    11    (2)  the  child was assessed at a low risk on the applicable detention
    12  risk assessment instrument approved by the office of children and family
    13  services unless  the  agency  determines  that  detention  is  necessary
    14  because the respondent otherwise poses an imminent risk to public safety
    15  and states the reasons for such determination in the child's record; or
    16    (ii)  such events appear to involve allegations that the child commit-
    17  ted acts that would constitute a felony if committed by an adult if:
    18    (1) the alleged acts did not result in any physical injury as  defined
    19  in subdivision nine of section 10.00 of the penal law to another person;
    20    (2)  the  child  does not have any prior adjudications for an act that
    21  would constitute a felony if committed by an adult;
    22    (3) the child has no more than one prior adjudication for an act  that
    23  would  constitute  a  misdemeanor  if committed by an adult and that act
    24  also did not result in any physical injury to another person; and
    25    (4) the child was assessed at a low risk on the  applicable  detention
    26  risk assessment instrument approved by the office of children and family
    27  services  unless  the  agency  determines  that  detention  is necessary
    28  because the respondent otherwise poses an imminent risk to public safety
    29  and states the reasons for such determination in the child's record.
    30    § 18. Subdivision 5 of section 322.2 of the family court act, as added
    31  by chapter 920 of the laws of 1982, paragraph (a) as amended by  chapter
    32  37 of the laws of 2016 and paragraph (d) as amended by chapter 41 of the
    33  laws of 2010, is amended to read as follows:
    34    5.    (a)  If  the court finds that there is probable cause to believe
    35  that the respondent committed a felony, it shall  order  the  respondent
    36  committed  to  the  custody  of the commissioner of mental health or the
    37  commissioner of the office for people  with  developmental  disabilities
    38  for  an  initial  period  not  to  exceed one year from the date of such
    39  order. Such period may be extended annually upon further application  to
    40  the  court  by  the  commissioner having custody or his or her designee.
    41  Such application must be made not more than  sixty  days  prior  to  the
    42  expiration  of  such  period  on  forms that have been prescribed by the
    43  chief administrator of the courts. At that time, the  commissioner  must
    44  give  written  notice  of the application to the respondent, the counsel
    45  representing the respondent and the mental hygiene legal service if  the
    46  respondent  is  at a residential facility. Upon receipt of such applica-
    47  tion, the court must conduct a hearing to determine the issue of capaci-
    48  ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
    49  vision, the court finds that the respondent is no longer  incapacitated,
    50  he  or she shall be returned to the family court for further proceedings
    51  pursuant to this article. If the court is satisfied that the  respondent
    52  continues  to  be  incapacitated,  the  court  shall authorize continued
    53  custody of the respondent by the commissioner for a period not to exceed
    54  one year. Such extensions shall not continue beyond a reasonable  period
    55  of  time  necessary  to determine whether the respondent will attain the
    56  capacity to proceed to a fact finding hearing in the foreseeable  future
        A. 4876                            11
 
     1  but in no event shall continue beyond the respondent's eighteenth birth-
     2  day or, if the respondent was at least sixteen years of age when the act
     3  was committed, beyond the respondent's twenty-first birthday.
     4    (b)  If  a  respondent  is in the custody of the commissioner upon the
     5  respondent's eighteenth birthday, or if  the  respondent  was  at  least
     6  sixteen  years  of age when the act resulting in the respondent's place-
     7  ment was committed, beyond the respondent's twenty-first  birthday,  the
     8  commissioner shall notify the clerk of the court that the respondent was
     9  in his custody on such date and the court shall dismiss the petition.
    10    (c)  If  the  court finds that there is probable cause to believe that
    11  the respondent has committed a designated felony act,  the  court  shall
    12  require  that treatment be provided in a residential facility within the
    13  appropriate office of the department of mental hygiene.
    14    (d) The commissioner shall review  the  condition  of  the  respondent
    15  within  forty-five days after the respondent is committed to the custody
    16  of the commissioner. He or she shall make a second review within  ninety
    17  days  after the respondent is committed to his or her custody. Thereaft-
    18  er, he or she shall review the condition of the respondent every  ninety
    19  days.  The respondent and the counsel for the respondent, shall be noti-
    20  fied  of  any  such  review and afforded an opportunity to be heard. The
    21  commissioner having custody shall  apply  to  the  court  for  an  order
    22  dismissing  the  petition  whenever he or she determines that there is a
    23  substantial probability that the respondent will continue to be incapac-
    24  itated for the foreseeable future. At the time of such  application  the
    25  commissioner must give written notice of the application to the respond-
    26  ent,  the presentment agency and the mental hygiene legal service if the
    27  respondent is at a residential facility. Upon receipt of  such  applica-
    28  tion,  the  court  may  on its own motion conduct a hearing to determine
    29  whether there  is  substantial  probability  that  the  respondent  will
    30  continue  to  be  incapacitated  for the foreseeable future, and it must
    31  conduct such hearing if a demand therefor is made by the  respondent  or
    32  the  mental  hygiene  legal  service  within ten days from the date that
    33  notice of the application was given to them. The respondent may apply to
    34  the court for an order of dismissal on the same ground.
    35    § 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
    36  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
    37  5  as  added  by chapter 920 of the laws of 1982, are amended to read as
    38  follows:
    39    1. At the initial  appearance,  if  the  respondent  denies  a  charge
    40  contained  in  the  petition and the court determines in accordance with
    41  the requirements of section 320.5 of this part that [he] the  respondent
    42  shall  be detained for more than three days pending a fact-finding hear-
    43  ing, the court shall schedule a probable-cause hearing to determine  the
    44  issues specified in section 325.3 of this part.
    45    5.  Where  the  petition  consists  of an order of removal pursuant to
    46  article seven hundred twenty-five of the criminal procedure law,  unless
    47  the  removal was pursuant to subdivision three of section 725.05 of such
    48  law and the respondent was not afforded a probable cause hearing [pursu-
    49  ant to subdivision three of section 180.75 of  such  law  for  a  reason
    50  other  than  his  waiver  thereof pursuant to subdivision two of section
    51  180.75 of such law], the petition shall be deemed to  be  based  upon  a
    52  determination  that probable cause exists to believe the respondent is a
    53  juvenile delinquent and the respondent shall  not  be  entitled  to  any
    54  further  inquiry  on the subject of whether probable cause exists. After
    55  the filing of any such petition the court must, however, exercise  inde-
        A. 4876                            12
 
     1  pendent,  de novo discretion with respect to release or detention as set
     2  forth in section 320.5.
     3    §  20.  Subdivisions 1 and 2 of section 340.2 of the family court act,
     4  as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
     5  follows:
     6    1.  [The]  Except  when authorized in accordance with section 346.1 of
     7  this part involving a case removed to family court pursuant  to  article
     8  seven  hundred  twenty-five of the criminal procedure law, the judge who
     9  presides at the commencement of the fact-finding hearing shall  continue
    10  to preside until such hearing is concluded and an order entered pursuant
    11  to section 345.1 of this part unless a mistrial is declared.
    12    2.  The  judge  who presides at the fact-finding hearing or accepts an
    13  admission pursuant to section 321.3 of this article shall preside at any
    14  other subsequent hearing in the proceeding, including but not limited to
    15  the dispositional hearing except where the case  is  removed  to  family
    16  court  pursuant  to  article  seven  hundred twenty-five of the criminal
    17  procedure law after a fact-finding hearing has occurred.
    18    § 21. Subdivision 2 of section 351.1  of  the  family  court  act,  as
    19  amended  by  chapter  880  of  the  laws  of 1985, is amended to read as
    20  follows:
    21    2. Following a determination that a respondent committed a  crime  and
    22  prior  to  the  dispositional hearing, the court shall order a probation
    23  investigation, a risk and needs assessment, and may order  a  diagnostic
    24  assessment. Based upon the assessment findings, the probation department
    25  shall  recommend  to  the  court  that the respondent participate in any
    26  services necessary to mitigate identified risks and  address  individual
    27  needs.
    28    §  22.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
    29  court act, as amended by chapter 880 of the laws of 1985, is amended  to
    30  read as follows:
    31    (a)  In  determining an appropriate order the court shall consider the
    32  needs and best interests of the respondent  as  well  as  the  need  for
    33  protection  of  the  community. If the respondent has committed a desig-
    34  nated felony act the court shall determine the  appropriate  disposition
    35  in  accord  with section 353.5. In all other cases the court shall order
    36  the least restrictive available alternative  enumerated  in  subdivision
    37  one  of  this section which is consistent with the needs and best inter-
    38  ests of the respondent and the need for  protection  of  the  community;
    39  provided,  however,  that  the court shall not direct the placement of a
    40  respondent with a commissioner of social services or the office of chil-
    41  dren and family services if:
    42    (i) such events appear to involve  only  allegations  that  the  child
    43  committed  acts  that would constitute more than a violation but no more
    44  than a misdemeanor if committed by an adult if:
    45    (1) the alleged acts did not result in any physical injury as  defined
    46  in subdivision nine of section 10.00 of the penal law to another person;
    47  and
    48    (2)  the  child was assessed at a low risk on the applicable detention
    49  risk assessment instrument approved by the office of children and family
    50  services unless  the  agency  determines  that  detention  is  necessary
    51  because the respondent otherwise poses an imminent risk to public safety
    52  and states the reasons for such determination in the child's record; or
    53    (ii)  such events appear to involve allegations that the child commit-
    54  ted acts that would constitute a felony if committed by an adult if:
    55    (1) the alleged acts did not result in any physical injury as  defined
    56  in subdivision nine of section 10.00 of the penal law to another person;
        A. 4876                            13
 
     1    (2)  the  child  does not have any prior adjudications for an act that
     2  would constitute a felony if committed by an adult;
     3    (3)  the child has no more than one prior adjudication for an act that
     4  would constitute a misdemeanor if committed by an  adult  and  that  act
     5  also did not result in any physical injury to another person; and
     6    (4)  the  child was assessed at a low risk on the applicable detention
     7  risk assessment instrument approved by the office of children and family
     8  services unless  the  agency  determines  that  detention  is  necessary
     9  because the respondent otherwise poses an imminent risk to public safety
    10  and states the reasons for such determination in the child's record.
    11    §  22-a.  Section 352.2 of the family court act is amended by adding a
    12  new subdivision 4 to read as follows:
    13    4. Where a youth receives  a  juvenile  delinquency  adjudication  for
    14  conduct  committed  when  the  youth was age sixteen or older that would
    15  constitute a crime under the vehicle and traffic law, or a violation  of
    16  paragraph (a) of subdivision two of section sixty-five-b of the alcohol-
    17  ic  beverage  control  law,  the  court shall notify the commissioner of
    18  motor vehicles of such adjudication. Where a youth receives  a  juvenile
    19  delinquency  adjudication  for conduct that would constitute a violation
    20  of any other provision of law which  allows  for  the  imposition  of  a
    21  license  and  registration  sanction, the court shall notify the commis-
    22  sioner of motor vehicles of such adjudication. The court shall have  the
    23  power  to  impose  any  suspension  or revocation of driving privileges,
    24  ignition interlock devices, any drug or alcohol rehabilitation  program,
    25  victim  impact program, driver responsibility assessment, victim assist-
    26  ance fee, and surcharge as is otherwise required upon a conviction of  a
    27  crime  under  the  vehicle  and  traffic  law, or an offense for which a
    28  license sanction is required, and, further, shall notify the commission-
    29  er of motor vehicles of said suspension or revocation.
    30    § 23. Paragraph (a) of subdivision 1 and paragraphs  (f)  and  (h)  of
    31  subdivision 2 of section 353.2 of the family court act, paragraph (a) of
    32  subdivision  1  as  added by chapter 920 of the laws of 1982, paragraphs
    33  (f) and (h) of subdivision 2 as amended by chapter 124 of  the  laws  of
    34  1993, are amended to read as follows:
    35    (a)  placement  of respondent is not or may not be necessary or allow-
    36  able;
    37    (f) make restitution or perform services for the public good  pursuant
    38  to  section 353.6, provided the respondent is over [ten] twelve years of
    39  age;
    40    (h) comply with such other reasonable conditions as  the  court  shall
    41  determine to be necessary or appropriate to ameliorate the conduct which
    42  gave rise to the filing of the petition or to prevent placement with the
    43  commissioner  of  social  services or the [division for youth] office of
    44  children and family services.
    45    § 23-a. Paragraph (e) of subdivision 2 of section 353.2 of the  family
    46  court  act, as amended by chapter 124 of the laws of 1993, is amended to
    47  read as follows:
    48    (e) co-operate with a mental health, social services or  other  appro-
    49  priate community facility or agency to which the respondent is referred,
    50  including  a  family  support center pursuant to title twelve of article
    51  six of the social services law;
    52    § 23-b. Subdivision 3 of section 353.2 of the  family  court  act,  as
    53  added  by  chapter  920 of the laws of 1982, paragraph (f) as amended by
    54  chapter 465 of the laws of 1992, is amended to read as follows:
    55    3. When ordering a period of probation, the court may, as a  condition
    56  of such order, further require that the respondent:
        A. 4876                            14
 
     1    (a) meet with a probation officer when directed to do so by that offi-
     2  cer and permit the officer to visit the respondent at home or elsewhere;
     3    (b) permit the probation officer to obtain information from any person
     4  or  agency  from whom respondent is receiving or was directed to receive
     5  diagnosis, treatment or counseling;
     6    (c) permit the  probation  officer  to  obtain  information  from  the
     7  respondent's school;
     8    (d)  co-operate with the probation officer in seeking to obtain and in
     9  accepting employment, and supply records and reports of earnings to  the
    10  officer when requested to do so; and
    11    (e)  obtain permission from the probation officer for any absence from
    12  respondent's residence in excess of two weeks[; and
    13    (f) with the consent of the division  for  youth,  spend  a  specified
    14  portion of the probation period, not exceeding one year, in a non-secure
    15  facility  provided  by  the division for youth pursuant to article nine-
    16  teen-G of the executive law].
    17    § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
    18  paragraph (d) of subdivision 4 of section 353.5 of the family court act,
    19  as amended by section 6 of subpart A of part G of chapter 57 of the laws
    20  of 2012, are amended to read as follows:
    21    after the period set under subparagraph (ii) of  this  paragraph,  the
    22  respondent  shall  be  placed  in a residential facility for a period of
    23  twelve months; provided, however, that if the respondent has been placed
    24  from a family court in a social services district operating an  approved
    25  juvenile  justice  services close to home initiative pursuant to section
    26  four hundred four of the social services law for an act  committed  when
    27  the  respondent  was under sixteen years of age, once the time frames in
    28  subparagraph (ii) of this paragraph are met:
    29    (d) Upon the expiration of the initial period  of  placement,  or  any
    30  extension  thereof,  the  placement  may  be extended in accordance with
    31  section 355.3 on a petition of any party or the office of  children  and
    32  family services, or, if applicable, a social services district operating
    33  an  approved juvenile justice services close to home initiative pursuant
    34  to section four hundred four of the social services law, after a  dispo-
    35  sitional  hearing, for an additional period not to exceed twelve months,
    36  but no initial placement or extension of placement  under  this  section
    37  may  continue  beyond the respondent's twenty-first birthday, or, for an
    38  act that was committed when the respondent was sixteen years of  age  or
    39  older, the respondent's twenty-third birthday.
    40    §  25.  Paragraph  (d) of subdivision 4 of section 353.5 of the family
    41  court act, as amended by chapter 398 of the laws of 1983, is amended  to
    42  read as follows:
    43    (d)  Upon  the  expiration  of the initial period of placement, or any
    44  extension thereof, the placement may  be  extended  in  accordance  with
    45  section  355.3  on  a  petition of any party or the [division for youth]
    46  office of children and family services after  a  dispositional  hearing,
    47  for  an  additional  period  not to exceed twelve months, but no initial
    48  placement or extension of placement  under  this  section  may  continue
    49  beyond  the  respondent's twenty-first birthday, or, for an act that was
    50  committed when the respondent was sixteen years of  age  or  older,  the
    51  respondent's twenty-third birthday.
    52    §  26.  The opening paragraph of subdivision 1 of section 353.6 of the
    53  family court act, as amended by chapter 877 of  the  laws  of  1983,  is
    54  amended to read as follows:
    55    At  the  conclusion  of  the  dispositional hearing in cases involving
    56  respondents over [ten] twelve years of age the court may:
        A. 4876                            15
 
     1    § 27. Section 354.1 of the family court act, as added by  chapter  920
     2  of  the  laws of 1982, subdivisions 2, 6 and 7 as amended by chapter 645
     3  of the laws of 1996, subdivisions 4 and 5 as amended by chapter  398  of
     4  the laws of 1983, is amended to read as follows:
     5    §  354.1. Retention and destruction of fingerprints of persons alleged
     6  to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
     7  prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
     8  initially fingerprinted as a juvenile offender and the action is  subse-
     9  quently  removed  to  a  family  court pursuant to article seven hundred
    10  twenty-five of the criminal procedure law is adjudicated to be  a  juve-
    11  nile delinquent for a felony, the family court shall forward or cause to
    12  be  forwarded  to the division of criminal justice services notification
    13  of such adjudication and such related information as may be required  by
    14  such  division,  provided,  however,  in the case of a person eleven [or
    15  twelve] years of age such notification shall be provided only if the act
    16  upon which the adjudication is based would constitute a class [A  or  B]
    17  A-1 felony or, in the case of a person twelve years of age, such notifi-
    18  cation  shall be provided only if the act upon which the adjudication is
    19  based would constitute a class A or B felony.
    20    2. If a person whose  fingerprints,  palmprints  or  photographs  were
    21  taken  pursuant  to  section  306.1  or was initially fingerprinted as a
    22  juvenile offender and the action is subsequently removed to family court
    23  pursuant to article seven hundred twenty-five of the criminal  procedure
    24  law  has had all petitions disposed of by the family court in any manner
    25  other than an adjudication of juvenile delinquency for a felony, but  in
    26  the case of acts committed when such person was eleven [or twelve] years
    27  of  age  which would constitute a class [A or B] A-1 felony only, or, in
    28  the case of acts committed when such person  was  twelve  years  of  age
    29  which  would  constitute  a  class  A or B felony only, all such finger-
    30  prints, palmprints, photographs, and copies thereof, and all information
    31  relating to such  allegations  obtained  by  the  division  of  criminal
    32  justice services pursuant to section 306.1 shall be destroyed forthwith.
    33  The  clerk of the court shall notify the commissioner of the division of
    34  criminal justice services and the heads of all  police  departments  and
    35  law  enforcement  agencies  having  copies  of  such  records, who shall
    36  destroy such records without unnecessary delay.
    37    3. If the appropriate presentment agency does not originate a proceed-
    38  ing under section 310.1 for a case in which the  potential  respondent's
    39  fingerprints were taken pursuant to section 306.1, the presentment agen-
    40  cy shall serve a certification of such action upon the division of crim-
    41  inal justice services, and upon the appropriate police department or law
    42  enforcement agency.
    43    4.  If,  following the taking into custody of a person alleged to be a
    44  juvenile delinquent and the taking and forwarding  to  the  division  of
    45  criminal  justice  services  of  such person's fingerprints but prior to
    46  referral to the probation department or to the family court, an  officer
    47  or  agency,  elects not to proceed further, such officer or agency shall
    48  serve a certification of such election upon  the  division  of  criminal
    49  justice services.
    50    5.  Upon certification pursuant to subdivision twelve of section 308.1
    51  or subdivision three or four of this section, the department  or  agency
    52  shall  destroy  forthwith all fingerprints, palmprints, photographs, and
    53  copies thereof, and all other information obtained in the case  pursuant
    54  to  section  306.1.  Upon receipt of such certification, the division of
    55  criminal justice services and all police departments and law enforcement
    56  agencies having copies of such records shall destroy them.
        A. 4876                            16
 
     1    6. If a person fingerprinted pursuant to section 306.1 and subsequent-
     2  ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
     3  acts  committed  when  such a person was eleven [or twelve] years of age
     4  which would constitute a class [A or B] A-1 felony only, or, in the case
     5  of acts committed when such a person was twelve years of age which would
     6  constitute  a  class  A or B felony only, is subsequently convicted of a
     7  crime, all fingerprints and related information obtained by the division
     8  of criminal justice services pursuant to such section and not  destroyed
     9  pursuant  to  subdivisions  two, five and seven or subdivision twelve of
    10  section 308.1 shall become part of such division's permanent adult crim-
    11  inal record for that person, notwithstanding section 381.2 or 381.3.
    12    7. When a person fingerprinted pursuant to section  306.1  and  subse-
    13  quently  adjudicated a juvenile delinquent for a felony, but in the case
    14  of acts committed when such person was eleven [or twelve] years  of  age
    15  which would constitute a class [A or B] A-1 felony only, or, in the case
    16  of acts committed when such a person was twelve years of age which would
    17  constitute a class A or B felony only, reaches the age of twenty-one, or
    18  has  been  discharged  from  placement under this act for at least three
    19  years, whichever occurs later, and has no criminal convictions or  pend-
    20  ing   criminal   actions   which  ultimately  terminate  in  a  criminal
    21  conviction,  all  fingerprints,  palmprints,  photographs,  and  related
    22  information and copies thereof obtained pursuant to section 306.1 in the
    23  possession  of  the  division  of  criminal justice services, any police
    24  department,  law  enforcement  agency  or  any  other  agency  shall  be
    25  destroyed  forthwith.  The  division  of criminal justice services shall
    26  notify the agency or agencies which forwarded fingerprints to such divi-
    27  sion pursuant to section 306.1 of  their  obligation  to  destroy  those
    28  records  in  their  possession. In the case of a pending criminal action
    29  which does not terminate in a criminal conviction, such records shall be
    30  destroyed forthwith upon such determination.
    31    § 28. Subdivisions 1 and 6 of section 355.3 of the family  court  act,
    32  subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
    33  6  as amended by chapter 663 of the laws of 1985, are amended to read as
    34  follows:
    35    1. In any case in which the respondent has  been  placed  pursuant  to
    36  section  353.3  the  respondent, the person with whom the respondent has
    37  been placed, the commissioner of social services, or the  [division  for
    38  youth]  office of children and family services may petition the court to
    39  extend such placement. Such petition shall be filed at least sixty  days
    40  prior  to  the  expiration  of  the period of placement, except for good
    41  cause shown but in no event shall  such  petition  be  filed  after  the
    42  original expiration date.
    43    6. Successive extensions of placement under this section may be grant-
    44  ed,  but  no  placement may be made or continued beyond the respondent's
    45  eighteenth birthday without  the  child's  consent  for  acts  committed
    46  before  the  respondent's  sixteenth  birthday  and in no event past the
    47  child's twenty-first birthday except as provided for in subdivision four
    48  of section 353.5.
    49    § 29. Subdivision 5 of section 355.4 of the family court act, as added
    50  by chapter 479 of the laws of 1992, is amended to read as follows:
    51    5. Nothing in this section shall: require  that  consent  be  obtained
    52  from  the  youth's  parent  or legal guardian to any medical, dental, or
    53  mental health service and treatment when no consent is necessary or  the
    54  youth is authorized by law to consent on his or her own behalf; preclude
    55  a  youth from consenting on his or her own behalf to any medical, dental
    56  or mental health service and treatment where otherwise authorized by law
        A. 4876                            17
 
     1  to do so[, or the division for youth]; or preclude the officer of  chil-
     2  dren  and family services or a social services district from petitioning
     3  the court pursuant to section two hundred thirty-three of this  act,  as
     4  appropriate.
     5    §  30.  Paragraph  (b) of subdivision 3 of section 355.5 of the family
     6  court act, as amended by chapter 145 of the laws of 2000, is amended  to
     7  read as follows:
     8    (b)  subsequent  permanency hearings shall be held no later than every
     9  twelve months following the respondent's initial twelve months in place-
    10  ment but in  no  event  past  the  respondent's  twenty-first  birthday;
    11  provided, however, that they shall be held in conjunction with an exten-
    12  sion  of placement hearing held pursuant to section 355.3 of this [arti-
    13  cle] part.
    14    § 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
    15  as  added  by  chapter  920  of the laws of 1982, are amended to read as
    16  follows:
    17    2. At the time of his or her first appearance following the filing  of
    18  a petition of violation the court must: (a) advise the respondent of the
    19  contents of the petition and furnish him or her with a copy thereof; (b)
    20  determine whether the respondent should be released or detained pursuant
    21  to section 320.5, provided, however, that nothing herein shall authorize
    22  a  respondent  to  be detained for a violation of a condition that would
    23  not constitute a crime if committed by an adult unless the court  deter-
    24  mines (i) that the respondent poses a specific imminent threat to public
    25  safety  and states the reasons for the finding on the record or (ii) the
    26  respondent is on probation for an act that would  constitute  a  violent
    27  felony  as  defined in section 70.02 of the penal law if committed by an
    28  adult and the use of graduated sanctions  have  been  exhausted  without
    29  success; and (c) ask the respondent whether he or she wishes to make any
    30  statement  with  respect  to  the  violation.  If the respondent makes a
    31  statement, the court may accept it and base its  decision  thereon;  the
    32  provisions  of subdivision two of section 321.3 shall apply in determin-
    33  ing whether a statement should be accepted. If the court does not accept
    34  such statement or if the respondent does not make a statement, the court
    35  shall proceed with the hearing. Upon request, the court  shall  grant  a
    36  reasonable adjournment to the respondent to enable him or her to prepare
    37  for the hearing.
    38    6.  At the conclusion of the hearing the court may revoke, continue or
    39  modify the order of probation or conditional  discharge.  If  the  court
    40  revokes  the  order,  it shall order a different disposition pursuant to
    41  section 352.2, provided, however, that nothing  herein  shall  authorize
    42  the  placement of a respondent for a violation of a condition that would
    43  not constitute a crime if committed by an adult unless the court  deter-
    44  mines (i) that the respondent poses a specific imminent threat to public
    45  safety  and states the reasons for the finding on the record or (ii) the
    46  respondent is on probation for an act that would  constitute  a  violent
    47  felony  as  defined in section 70.02 of the penal law if committed by an
    48  adult and the use of graduated sanctions  have  been  exhausted  without
    49  success.    If the court continues the order of probation or conditional
    50  discharge, it shall dismiss the petition of violation.
    51    § 32.  Subdivisions (d) and (i) of section 712  of  the  family  court
    52  act,  subdivision (d) as amended by chapter 920 of the laws of 1982, and
    53  subdivision (i) as amended by chapter  38  of  the  laws  of  2014,  are
    54  amended  and  two  new  subdivisions  (d-1) and (n) are added to read as
    55  follows:
        A. 4876                            18
 
     1    (d) "Non-secure detention facility". [A facility characterized by  the
     2  absence  of  physically  restricting  construction,  hardware and proce-
     3  dures.] A foster care program certified by the office  of  children  and
     4  family services or a certified or approved family boarding home, or in a
     5  city having a population of five million or more, a foster care facility
     6  established and maintained pursuant to the social services law.
     7    (d-1)  "Detention  facility".  A  foster care program certified by the
     8  office of children and family services or a certified or approved family
     9  boarding home, or in a city having a population of five million or more,
    10  a foster care facility established and maintained pursuant to the social
    11  services law.
    12    (i) "Diversion services". Services provided to children  and  families
    13  pursuant  to  section  seven hundred thirty-five of this article for the
    14  purpose of avoiding the need to file a petition or direct the  detention
    15  of  the child. Diversion services shall include: efforts to adjust cases
    16  pursuant to this article before a petition is filed, or by order of  the
    17  court,   [after  the  petition  is  filed  but  before  fact-finding  is
    18  commenced;] at any time; and preventive services provided in  accordance
    19  with section four hundred nine-a of the social services law to avert the
    20  placement  of  the child into foster care, including crisis intervention
    21  and respite services.   Diversion services may also  include,  in  cases
    22  where  any  person  is  seeking to file a petition that alleges that the
    23  child has a substance use disorder or is in need of immediate  detoxifi-
    24  cation  or  substance use disorder services, an assessment for substance
    25  use  disorder;  provided,  however,  that  notwithstanding   any   other
    26  provision  of  law to the contrary, the designated lead agency shall not
    27  be required to pay for all or any portion of the costs of  such  assess-
    28  ment  or  substance  use  disorder or detoxification services, except in
    29  cases where medical assistance for needy persons may be used to pay  for
    30  all or any portion of the costs of such assessment or services.
    31    (n)  "Family  support center". A program established pursuant to title
    32  twelve of article six of the social services law.
    33    § 33. Section 720 of the family court act, as amended by  chapter  419
    34  of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
    35  of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
    36  section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
    37  of subdivision 5 as added by section 8 of part G of chapter  58  of  the
    38  laws of 2010, is amended to read as follows:
    39    §  720. Detention. 1. No child to whom the provisions  of this article
    40  may apply, shall be detained in any prison, jail, lockup, or other place
    41  used for adults convicted of crime or under arrest and  charged  with  a
    42  crime.
    43    2.  The  detention of a child in a secure detention facility shall not
    44  be directed under any of the provisions of this article.
    45    3. Detention of a person alleged to be or adjudicated as a  person  in
    46  need  of  supervision  shall,  except as provided in subdivision four of
    47  this section, be authorized only in a foster care program  certified  by
    48  the  office  of children and family services, or a certified or approved
    49  family boarding home, [or a non-secure detention facility  certified  by
    50  the  office] and in accordance with section seven hundred thirty-nine of
    51  this article. The setting of the detention shall take into  account  (a)
    52  the  proximity  to  the  community  in which the person alleged to be or
    53  adjudicated as a person in need of supervision lives with such  person's
    54  parents or to which such person will be discharged, and (b) the existing
    55  educational  setting of such person and the proximity of such setting to
    56  the location of the detention setting.
        A. 4876                            19
 
     1    4. Whenever detention is authorized and ordered pursuant to this arti-
     2  cle, for a person alleged to be or adjudicated as a person  in  need  of
     3  supervision, a family court in a city having a population of one million
     4  or  more  shall,  notwithstanding  any  other  provision  of law, direct
     5  detention  in a foster care facility established and maintained pursuant
     6  to the social services law. In all other respects, the detention of such
     7  a person in a foster care facility shall be  subject  to  the  identical
     8  terms  and conditions for detention as are set forth in this article and
     9  in section two hundred thirty-five of this act.
    10    5. (a) The court shall not order or direct detention under this  arti-
    11  cle, unless the court determines that there is no substantial likelihood
    12  that  the  youth  and  his  or  her family will continue to benefit from
    13  diversion services, and that continuation  in  the  home  would  not  be
    14  appropriate  because  such continuation would (A) continue or worsen the
    15  circumstances alleged in the underlying petition, or  that  created  the
    16  need  for  a  petition  to  be sought or (B) create a safety risk to the
    17  child or the child's family and that all other available alternatives to
    18  detention have been exhausted; and
    19    (b) [Where the youth is sixteen years of age or older, the court shall
    20  not order or direct detention  under  this  article,  unless  the  court
    21  determines  and  states in its order that special circumstances exist to
    22  warrant such detention.
    23    (c)] If the respondent may be a sexually exploited child as defined in
    24  subdivision one of section four  hundred  forty-seven-a  of  the  social
    25  services law, the court may direct the respondent to an available short-
    26  term  safe  house  as defined in subdivision two of section four hundred
    27  forty-seven-a of the social services law as an alternative to detention.
    28    § 34.  Section 728 of the family court act, subdivision (a) as amended
    29  by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
    30  419 of the laws of 1987, subdivision (d) as added by chapter 145 of  the
    31  laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
    32  (d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
    33  2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
    34  (d) as added by section 10 of subpart B of part Q of chapter 58  of  the
    35  laws of 2011, is amended to read as follows:
    36    §  728.  Discharge,  release  or  detention by judge after hearing and
    37  before filing of petition in custody cases.  (a) If a child  in  custody
    38  is  brought  before  a  judge  of  the family court before a petition is
    39  filed, the judge shall hold a  hearing  for  the  purpose  of  making  a
    40  preliminary determination of whether the court appears to have jurisdic-
    41  tion over the child. At the commencement of the hearing, the judge shall
    42  advise  the child of his or her right to remain silent, his or her right
    43  to be represented by counsel of his or her  own  choosing,  and  of  the
    44  right  to  have an attorney assigned in accord with part four of article
    45  two of this act. The judge must also allow the child a  reasonable  time
    46  to  send  for  his  or  her  parents  or other person or persons legally
    47  responsible for his or her care, and for counsel, and adjourn the  hear-
    48  ing for that purpose.
    49    (b)  After  hearing, the judge shall order the release of the child to
    50  the custody of his parent or other person legally  responsible  for  his
    51  care if the court does not appear to have jurisdiction.
    52    (c)  An  order  of  release  under  this section may, but need not, be
    53  conditioned upon the giving of a recognizance in accord with  [sections]
    54  section seven hundred twenty-four (b) (i).
        A. 4876                            20
 
     1    (d)  Upon  a  finding  of  facts and reasons which support a detention
     2  order pursuant to this section, the court shall also determine and state
     3  in any order directing detention:
     4    (i)  that there is no substantial likelihood that the youth and his or
     5  her family will  continue  to  benefit  from  diversion  services,  that
     6  continuation in the home would not be appropriate because such continua-
     7  tion  would  (A)  continue  or  worsen  the circumstances alleged in the
     8  underlying petition, or that created the  need  for  a  petition  to  be
     9  sought  or  (B)  create a safety risk to the child or the child's family
    10  and that  all  other  available  alternatives  to  detention  have  been
    11  exhausted; and
    12    (ii)  whether  continuation  of the child in the child's home would be
    13  contrary to the best interests of the child based upon, and limited  to,
    14  the  facts  and  circumstances available to the court at the time of the
    15  hearing held in accordance with this section; and
    16    (iii) where appropriate, whether reasonable efforts were made prior to
    17  the date of the court hearing that resulted in the detention  order,  to
    18  prevent  or  eliminate the need for removal of the child from his or her
    19  home or, if the child had been removed from his or her home prior to the
    20  court appearance pursuant to this section,  where  appropriate,  whether
    21  reasonable efforts were made to make it possible for the child to safely
    22  return home; and
    23    (iv) whether the setting of the detention takes into account the prox-
    24  imity  to the community in which the person alleged to be or adjudicated
    25  as a person in need of supervision lives with such person's  parents  or
    26  to  which  such  person will be discharged, and the existing educational
    27  setting of such person and the proximity of such setting to the location
    28  of the detention setting.
    29    § 35.  Section 735 of the family court act, as added by section  7  of
    30  part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
    31  chapter 38 of the laws of 2014, paragraph  (i)  of  subdivision  (d)  as
    32  amended  by  chapter  535  of  the  laws of 2011, and subdivision (h) as
    33  amended by chapter 499 of the laws  of  2015,  is  amended  to  read  as
    34  follows:
    35    §  735. Preliminary procedure; diversion services. (a) Each county and
    36  any city having a population of one million or more shall  offer  diver-
    37  sion services as defined in section seven hundred twelve of this article
    38  to  youth  who  are  at risk of being the subject of a person in need of
    39  supervision petition. Such services shall  be  designed  to  provide  an
    40  immediate response to families in crisis, to identify and utilize appro-
    41  priate  alternatives  to  detention  and  to divert youth from being the
    42  subject of a petition in family court. Each county and such  city  shall
    43  designate  either  the  local  social services district or the probation
    44  department as lead  agency  for  the  purposes  of  providing  diversion
    45  services.
    46    (b) The designated lead agency shall:
    47    (i)  confer  with any person seeking to file a petition, the youth who
    48  may be a potential respondent, his or her family, and  other  interested
    49  persons, concerning the provision of diversion services before any peti-
    50  tion may be filed; and
    51    (ii) diligently attempt to prevent the filing of a petition under this
    52  article or, after the petition is filed, to prevent the placement of the
    53  youth  into  foster care in accordance with section seven hundred fifty-
    54  six of this article; and
    55    (iii) assess whether the youth would benefit from residential  respite
    56  services; and
        A. 4876                            21
 
     1    (iv) assess whether the youth is a sexually exploited child as defined
     2  in section four hundred forty-seven-a of the social services law and, if
     3  so, whether such youth should be referred to a safe house; and
     4    (v)  determine  whether  alternatives  to detention are appropriate to
     5  avoid remand of the youth to detention;
     6    (vi) determine whether the youth and  his  or  her  family  should  be
     7  referred to an available family support center; [and]
     8    (vii)  assess  whether remaining in the home would cause the continua-
     9  tion or worsening of the circumstances that created the need for a peti-
    10  tion to be sought, or create a safety risk to the child or  the  child's
    11  family; and
    12    [(v)]  (viii)  determine  whether  an  assessment  of  the  youth  for
    13  substance use disorder by an office of alcoholism  and  substance  abuse
    14  services certified provider is necessary when a person seeking to file a
    15  petition  alleges  in  such  petition that the youth is suffering from a
    16  substance use disorder which could make the youth a danger to himself or
    17  herself or others. Provided, however,  that  notwithstanding  any  other
    18  provision  of  law to the contrary, the designated lead agency shall not
    19  be required to pay for all or any portion of the costs of  such  assess-
    20  ment  or  for  any  substance  use  disorder or detoxification services,
    21  except in cases where medical assistance for needy persons may  be  used
    22  to  pay  for  all  or  any  portion  of  the costs of such assessment or
    23  services. The office of alcoholism and substance  abuse  services  shall
    24  make  a list of its certified providers available to the designated lead
    25  agency.
    26    (c) Any person or agency seeking to file a petition pursuant  to  this
    27  article  which does not have attached thereto the documentation required
    28  by subdivision (g) of this section shall be referred by the clerk of the
    29  court to the designated lead agency which shall schedule  and  hold,  on
    30  reasonable  notice to the potential petitioner, the youth and his or her
    31  parent or other person legally responsible for his or her care, at least
    32  one conference in order  to  determine  the  factual  circumstances  and
    33  determine  whether the youth and his or her family should receive diver-
    34  sion services pursuant to this section. Diversion services shall include
    35  clearly documented diligent attempts to provide appropriate services  to
    36  the youth and his or her family unless it is determined that there is no
    37  substantial likelihood that the youth and his or her family will benefit
    38  from  further  diversion  attempts.  Notwithstanding  the  provisions of
    39  section two hundred sixteen-c of this act, the clerk  shall  not  accept
    40  for  filing  under  this  part  any petition that does not have attached
    41  thereto the documentation required by subdivision (g) of this section.
    42    (d) Diversion services shall include documented diligent  attempts  to
    43  engage  the youth and his or her family in appropriately targeted commu-
    44  nity-based services, but shall not be limited to:
    45    (i) providing, at the first contact, information on  the  availability
    46  of  or a referral to services in the geographic area where the youth and
    47  his or her family are located that may be of  benefit  in  avoiding  the
    48  need  to file a petition under this article; including the availability,
    49  for up to twenty-one days, of a  residential  respite  program,  if  the
    50  youth  and his or her parent or other person legally responsible for his
    51  or her care agree, and the availability of other non-residential  crisis
    52  intervention  programs  such  as  a family support center, family crisis
    53  counseling or alternative dispute resolution programs or an  educational
    54  program  as  defined in section four hundred fifty-eight-l of the social
    55  services law.
        A. 4876                            22
 
     1    (ii) scheduling and holding at least one conference with the youth and
     2  his or her family and the person or representatives of the entity  seek-
     3  ing  to  file  a  petition under this article concerning alternatives to
     4  filing a petition and services that are  available.  Diversion  services
     5  shall  include clearly documented diligent attempts to provide appropri-
     6  ate services to the youth and his or her family before it may be  deter-
     7  mined  that there is no substantial likelihood that the youth and his or
     8  her family will benefit from further attempts.
     9    (iii) where the entity seeking to file a petition is a school district
    10  or local educational agency, the designated lead agency shall review the
    11  steps taken by the  school  district  or  local  educational  agency  to
    12  improve  the  youth's attendance and/or conduct in school and attempt to
    13  engage the school district or local educational agency in further diver-
    14  sion attempts, if it appears from review  that  such  attempts  will  be
    15  beneficial to the youth.
    16    (e)  The  designated  lead agency shall maintain a written record with
    17  respect to each youth and his  or  her  family  for  whom  it  considers
    18  providing  or  provides diversion services pursuant to this section. The
    19  record shall be made available to the court at or prior to  the  initial
    20  appearance  of  the  youth  in any proceeding initiated pursuant to this
    21  article.
    22    (f) Efforts to prevent the filing  of  a  petition  pursuant  to  this
    23  section  may  extend  until  the  designated lead agency determines that
    24  there is no substantial likelihood that the youth and his or her  family
    25  will  benefit  from  further  attempts. Efforts at diversion pursuant to
    26  this section may continue after the  filing  of  a  petition  where  the
    27  designated  lead  agency determines that the youth and his or her family
    28  will benefit from further attempts to prevent  placement  of  the  youth
    29  from  entering  foster  care  in  accordance  with section seven hundred
    30  fifty-six of this article.
    31    (g) (i) The designated lead agency shall promptly give written  notice
    32  to the potential petitioner whenever attempts to prevent the filing of a
    33  petition  have  terminated,  and  shall  indicate in such notice whether
    34  efforts were successful. The  notice  shall  also  detail  the  diligent
    35  attempts  made  to divert the case if a determination has been made that
    36  there is no substantial likelihood that  the  youth  will  benefit  from
    37  further  attempts.  No  persons  in  need of supervision petition may be
    38  filed pursuant to this article during the  period  the  designated  lead
    39  agency is providing diversion services. A finding by the designated lead
    40  agency  that  the  case  has been successfully diverted shall constitute
    41  presumptive evidence that the underlying allegations have been  success-
    42  fully  resolved in any petition based upon the same factual allegations.
    43  No petition may be filed pursuant to this article by the parent or other
    44  person legally responsible for the youth where diversion  services  have
    45  been  terminated  because  of  the failure of the parent or other person
    46  legally responsible for the youth to consent to or actively participate.
    47    (ii) The clerk of the court shall accept a petition for filing only if
    48  it has attached thereto the following:
    49    (A) if the potential petitioner is the parent or other person  legally
    50  responsible  for  the  youth,  a  notice from the designated lead agency
    51  indicating there is no bar to the filing of the petition as  the  poten-
    52  tial  petitioner  consented  to  and  actively participated in diversion
    53  services; and
    54    (B) a notice from the designated  lead  agency  stating  that  it  has
    55  terminated diversion services because it has determined that there is no
    56  substantial likelihood that the youth and his or her family will benefit
        A. 4876                            23
 
     1  from  further  attempts,  and  that  the  case has not been successfully
     2  diverted.
     3    (h)  No  statement made to the designated lead agency or to any agency
     4  or organization to which the potential  respondent  has  been  referred,
     5  prior  to the filing of the petition, or if the petition has been filed,
     6  prior to the time the respondent has  been  notified  that  attempts  at
     7  diversion  will  not  be  made  or have been terminated, or prior to the
     8  commencement of a fact-finding hearing if attempts at diversion have not
     9  terminated previously, may be admitted into evidence at  a  fact-finding
    10  hearing or, if the proceeding is transferred to a criminal court, at any
    11  time prior to a conviction.
    12    §  36.    Subdivision  (b)  of section 742 of the family court act, as
    13  amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
    14  amended to read as follows:
    15    (b)  At  the  initial  appearance  of  the respondent, the court shall
    16  review any termination of diversion services pursuant to  such  section,
    17  and  the  documentation  of  diligent  attempts  to  provide appropriate
    18  services and determine whether such efforts  or  services  provided  are
    19  sufficient  [and]. The court may, at any time, subject to the provisions
    20  of section seven hundred forty-eight of this article, order  that  addi-
    21  tional  diversion  attempts be undertaken by the designated lead agency.
    22  The court may order the youth and the parent  or  other  person  legally
    23  responsible  for  the youth to participate in diversion services. If the
    24  designated lead agency thereafter determines  that  the  case  has  been
    25  successfully resolved, it shall so notify the court, and the court shall
    26  dismiss the petition.
    27    §  37.  Subdivision  (a)  of  section  749 of the family court act, as
    28  amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
    29  amended to read as follows:
    30    (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
    31  own motion or upon a motion of a party to the proceeding, order that the
    32  proceeding be "adjourned in contemplation of dismissal". An  adjournment
    33  in contemplation of dismissal is an adjournment of the proceeding, for a
    34  period not to exceed six months with a view to ultimate dismissal of the
    35  petition  in  furtherance  of  justice. Upon issuing such an order, upon
    36  such permissible terms and  conditions  as  the  rules  of  court  shall
    37  define, the court must release the individual.
    38    (ii)  The court may, as a condition of an adjournment in contemplation
    39  of dismissal order: (A) in cases where the  record  indicates  that  the
    40  consumption  of alcohol may have been a contributing factor, require the
    41  respondent to attend and complete an alcohol  awareness  program  estab-
    42  lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
    43  cases where the record indicates that cyberbullying or sexting  was  the
    44  basis  of the petition, require an eligible person to complete an educa-
    45  tion  reform  program  in   accordance   with   section   four   hundred
    46  fifty-eight-l of the social services law; or (C) participate in services
    47  including but not limited to those provided by family support centers.
    48    (iii)  Upon  application  of  the  petitioner, or upon the court's own
    49  motion, made at any time during the duration of the order, the court may
    50  restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
    51  restored, the petition is at the expiration of the order, deemed to have
    52  been dismissed by the court in furtherance of justice.
    53    §  38.  Section 751 of the family court act, as amended by chapter 100
    54  of the laws of 1993, is amended to read as follows:
    55    § 751. Order dismissing petition. If the  allegations  of  a  petition
    56  under  this  article  are  not  established, the court shall dismiss the
        A. 4876                            24
 
     1  petition. The court may in its discretion dismiss a petition under  this
     2  article,  in  the  interests of justice where attempts have been made to
     3  adjust the case as provided for in sections  seven  hundred  thirty-five
     4  and  seven  hundred  forty-two of this article and the probation service
     5  has exhausted its efforts to successfully adjust such case as  a  result
     6  of  the  petition's  failure  to  provide  reasonable  assistance to the
     7  probation service. In dismissing a petition pursuant  to  this  section,
     8  the  court shall consider whether a referral of services would be appro-
     9  priate to meet the needs of the respondent and his or her family.
    10    § 39. Section 754 of the family court act, subdivision 1 as designated
    11  by chapter 878 of the laws of 1976, paragraph (c) of  subdivision  1  as
    12  amended  by  section 4 of part V of chapter 383 of the laws of 2001, the
    13  closing paragraph of subdivision 1 as added by section 5 of  part  V  of
    14  chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
    15  the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
    16  amended  by  section  20  and  the closing paragraph of paragraph (b) of
    17  subdivision 2 as amended by section 21 of part L of chapter  56  of  the
    18  laws of 2015, is amended to read as follows:
    19    §  754.  Disposition on adjudication of person in need of supervision.
    20  1.  Upon an adjudication of person in need  of  supervision,  the  court
    21  shall enter an order of disposition:
    22    (a) Discharging the respondent with warning;
    23    (b)  Suspending  judgment  in accord with section seven hundred fifty-
    24  five of this part;
    25    (c) Continuing the proceeding and placing  the  respondent  in  accord
    26  with  section  seven  hundred fifty-six of this part; provided, however,
    27  that the court shall not place the respondent  in  accord  with  section
    28  seven  hundred fifty-six where the respondent is sixteen years of age or
    29  older, unless the court determines and states in its order that  special
    30  circumstances exist to warrant such placement; or
    31    (d)  Putting  the respondent on probation in accord with section seven
    32  hundred fifty-seven of this part.
    33    The court may order an eligible person to complete an education reform
    34  program in accordance with section four  hundred  fifty-eight-l  of  the
    35  social services law, as part of a disposition pursuant to paragraph (a),
    36  (b)  or  (d)  of  this  subdivision.  The court may also order services,
    37  including those provided by a family support center, as part of a dispo-
    38  sition pursuant to paragraph (a), (b) or (d) of this subdivision.
    39    2. (a) Notwithstanding any other provision of law to the contrary, the
    40  court shall not order placement with the local  commissioner  of  social
    41  services pursuant to section seven hundred fifty-six of this part unless
    42  the court finds and states in writing that:
    43    (i)  no  appropriate  suitable  relative or suitable private person is
    44  available for placement pursuant to section seven hundred  fifty-six  of
    45  this part; and
    46    (ii)  placement  in  the child's home would not be appropriate because
    47  such placement would:
    48    (A) continue or worsen the circumstances  alleged  in  the  underlying
    49  petition or,
    50    (B) create a safety risk to the child or the child's family.
    51    (b)  The  order  shall  state  the  court's reasons for the particular
    52  disposition. If the court places the child in  accordance  with  section
    53  seven  hundred  fifty-six  of  this  part,  the court in its order shall
    54  determine: (i) whether continuation in the child's home would be contra-
    55  ry to the best interest of the child and where appropriate, that reason-
    56  able efforts were made prior to the date of  the  dispositional  hearing
        A. 4876                            25

     1  held  pursuant  to  this  article  to  prevent or eliminate the need for
     2  removal of the child from his or her home and, if the child was  removed
     3  from  his  or  her  home  prior  to  the date of such hearing, that such
     4  removal was in the child's best interest and, where appropriate, reason-
     5  able efforts were made to make it possible for the child to return safe-
     6  ly  home.  If the court determines that reasonable efforts to prevent or
     7  eliminate the need for removal of the child from the home were not  made
     8  but  that  the  lack  of  such efforts was appropriate under the circum-
     9  stances, the court order shall include such a finding; and (ii)  in  the
    10  case of a child who has attained the age of fourteen, the services need-
    11  ed,  if any, to assist the child to make the transition from foster care
    12  to independent living. Nothing in this subdivision shall be construed to
    13  modify the standards for directing detention set forth in section  seven
    14  hundred thirty-nine of this article.
    15    [(b)]  (c)  For  the  purpose  of  this section, reasonable efforts to
    16  prevent or eliminate the need for removing the child from  the  home  of
    17  the  child  or to make it possible for the child to return safely to the
    18  home of the child shall not be required where the court determines that:
    19    (i) the parent of such child has subjected  the  child  to  aggravated
    20  circumstances,  as  defined  in subdivision (g) of section seven hundred
    21  twelve of this article;
    22    (ii) the parent of such child has been convicted of (A) murder in  the
    23  first degree as defined in section 125.27 or murder in the second degree
    24  as defined in section 125.25 of the penal law and the victim was another
    25  child  of the parent; or (B) manslaughter in the first degree as defined
    26  in section 125.20 or manslaughter in the second  degree  as  defined  in
    27  section  125.15 of the penal law and the victim was another child of the
    28  parent, provided, however, that the parent must have  acted  voluntarily
    29  in committing such crime;
    30    (iii)  the  parent  of  such child has been convicted of an attempt to
    31  commit any of the crimes set forth in subparagraphs (i) and (ii) of this
    32  paragraph, and the victim or intended victim was the  child  or  another
    33  child  of  the parent; or has been convicted of criminal solicitation as
    34  defined in article one hundred, conspiracy as  defined  in  article  one
    35  hundred  five or criminal facilitation as defined in article one hundred
    36  fifteen of the penal law for conspiring, soliciting or facilitating  any
    37  of the foregoing crimes, and the victim or intended victim was the child
    38  or another child of the parent;
    39    (iv)  the  parent  of  such child has been convicted of assault in the
    40  second degree as defined in section 120.05, assault in the first  degree
    41  as  defined  in  section 120.10 or aggravated assault upon a person less
    42  than eleven years old as defined in section 120.12 of the penal law, and
    43  the commission of one of the foregoing crimes resulted in serious  phys-
    44  ical injury to the child or another child of the parent;
    45    (v) the parent of such child has been convicted in any other jurisdic-
    46  tion  of  an offense which includes all of the essential elements of any
    47  crime specified in subparagraph (ii), (iii) or (iv) of  this  paragraph,
    48  and  the  victim  of  such offense was the child or another child of the
    49  parent; or
    50    (vi) the parental rights of the parent to a sibling of such child have
    51  been involuntarily terminated;
    52  unless the court determines that providing reasonable efforts  would  be
    53  in the best interests of the child, not contrary to the health and safe-
    54  ty  of  the  child,  and would likely result in the reunification of the
    55  parent and the child in the foreseeable future. The  court  shall  state
    56  such findings in its order.
        A. 4876                            26
 
     1    If  the  court  determines  that  reasonable  efforts are not required
     2  because of one of the grounds set  forth  above,  a  permanency  hearing
     3  shall  be  held within thirty days of the finding of the court that such
     4  efforts are not required. At the permanency  hearing,  the  court  shall
     5  determine  the  appropriateness  of  the permanency plan prepared by the
     6  social services official which shall include whether and when the child:
     7  (A) will be returned to the parent; (B) should be  placed  for  adoption
     8  with  the  social services official filing a petition for termination of
     9  parental rights; (C) should be  referred  for  legal  guardianship;  (D)
    10  should  be  placed  permanently  with a fit and willing relative; or (E)
    11  should be placed in another planned permanent living arrangement with  a
    12  significant  connection  to an adult willing to be a permanency resource
    13  for the child if the child is age sixteen or older and if  the  require-
    14  ments  of  subparagraph  (E)  of  paragraph  (iv)  of subdivision (d) of
    15  section seven hundred fifty-six-a of this part have been met. The social
    16  services official shall thereafter make reasonable efforts to place  the
    17  child in a timely manner and to complete whatever steps are necessary to
    18  finalize  the  permanent  placement  of  the  child  as set forth in the
    19  permanency plan approved by the court. If reasonable efforts are  deter-
    20  mined  by the court not to be required because of one of the grounds set
    21  forth in this paragraph, the social services official may file  a  peti-
    22  tion for termination of parental rights in accordance with section three
    23  hundred eighty-four-b of the social services law.
    24    [(c)]  (d)  For the purpose of this section, in determining reasonable
    25  efforts to be made with respect to a child, and in making  such  reason-
    26  able  efforts,  the  child's  health  and  safety shall be the paramount
    27  concern.
    28    [(d)] (e) For the purpose of this section, a sibling shall  include  a
    29  half-sibling.
    30    §  40. Section 755 of the family court act, subdivision (a) as amended
    31  by chapter 124 of the laws of 1993, is amended to read as follows:
    32    § 755. Suspended judgment. (a) Rules of court shall define permissible
    33  terms and conditions of a suspended judgment. The court may order  as  a
    34  condition of a suspended judgment restitution, services, including those
    35  provided  by a family support center pursuant to title twelve of article
    36  six of the social services law or services for public good  pursuant  to
    37  section  seven  hundred  fifty-eight-a, and[, except when the respondent
    38  has been assigned to a facility in accordance with subdivision  four  of
    39  section  five  hundred  four of the executive law,] in cases wherein the
    40  record indicates that the consumption of alcohol by the  respondent  may
    41  have  been  a contributing factor, the court may order attendance at and
    42  completion of an  alcohol  awareness  program  established  pursuant  to
    43  section 19.25 of the mental hygiene law.
    44    (b) The maximum duration of any term or condition of a suspended judg-
    45  ment is one year, unless the court finds at the conclusion of that peri-
    46  od  that  exceptional  circumstances require an additional period of one
    47  year.
    48    § 41. Section 756 of the family court act, as amended by  chapter  920
    49  of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
    50  chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
    51  of subdivision (a) as amended by section 11 of part G of chapter  58  of
    52  the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
    53  1999,  and subdivision (c) as amended by section 10 of part E of chapter
    54  57 of the laws of 2005, is amended to read as follows:
    55    § 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
    56  fifty-four,  the  court  may  place  the child in its own home or in the
        A. 4876                            27
 
     1  custody of a suitable relative or other suitable private  person  [or  a
     2  commissioner of social services], subject to the orders of the court.
     3    (ii)  Where  the  child  is  placed with the commissioner of the local
     4  social services district, the court may direct the commissioner to place
     5  the child with an authorized agency or  class  of  authorized  agencies,
     6  including,  if  the  court  finds  that  the  respondent  is  a sexually
     7  exploited child as defined in subdivision one of  section  four  hundred
     8  forty-seven-a  of  the  social services law, an available long-term safe
     9  house. Unless the dispositional order provides otherwise, the  court  so
    10  directing  shall  include  one of the following alternatives to apply in
    11  the event that the commissioner is unable to so place the child:
    12    (1) the commissioner shall apply to the court for an  order  to  stay,
    13  modify,  set  aside, or vacate such directive pursuant to the provisions
    14  of section seven hundred sixty-two or seven hundred sixty-three; or
    15    (2) the commissioner shall return the child to the family court for  a
    16  new dispositional hearing and order.
    17    (b)  Placements  under  this  section  may be for an initial period of
    18  [twelve months] ninety days.  The court may extend a placement  pursuant
    19  to  section  seven hundred fifty-six-a. In its discretion, the court may
    20  recommend restitution or require services for public  good  pursuant  to
    21  section  seven  hundred  fifty-eight-a  in  conjunction with an order of
    22  placement.   [For the purposes of  calculating  the  initial  period  of
    23  placement,  such  placement shall be deemed to have commenced sixty days
    24  after the date the child was removed from his or her home in  accordance
    25  with  the  provisions  of  this  article.] If the respondent has been in
    26  detention pending disposition, the initial period of  placement  ordered
    27  under  this  section shall be credited with and diminished by the amount
    28  of time spent by the respondent in detention prior to  the  commencement
    29  of  the placement unless the court finds that all or part of such credit
    30  would not serve the best interests of the respondent.
    31    (c) [A placement pursuant to this section  with  the  commissioner  of
    32  social  services  shall  not  be directed in any detention facility, but
    33  the] The court may direct detention  pending  transfer  to  a  placement
    34  authorized  and  ordered  under  this  section  for  no  more than [than
    35  fifteen] ten days after such order of placement is made. Such  direction
    36  shall  be  subject to extension pursuant to subdivision three of section
    37  three hundred ninety-eight of the  social  services  law,  upon  written
    38  documentation  to  the  office  of children and family services that the
    39  youth is in need of specialized treatment or placement and the  diligent
    40  efforts  by the commissioner of social services to locate an appropriate
    41  placement.
    42    § 42. Section 756-a of the family court act, as added by  chapter  604
    43  of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
    44  laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
    45  of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
    46  by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
    47  amended by section 3 of part M of chapter 54 of the laws of 2016,  para-
    48  graphs  (iii),  (iv) and (v) of subdivision (d) as amended by section 23
    49  and subdivision (d-1) as amended by section 24 of part L of  chapter  56
    50  of the laws of 2015, is amended to read as follows:
    51    §  756-a.  Extension  of placement. (a) In any case in which the child
    52  has been placed pursuant to section seven hundred fifty-six, the  child,
    53  the  person  with  whom the child has been placed or the commissioner of
    54  social services may petition the court to extend  such  placement.  Such
    55  petition  shall be filed at least [sixty] thirty days prior to the expi-
    56  ration of the period of placement, except for good cause shown,  but  in
        A. 4876                            28
 
     1  no  event  shall  such  petition  be filed after the original expiration
     2  date.
     3    (b)  The  court shall conduct a permanency hearing concerning the need
     4  for continuing the placement. The child, the person with whom the  child
     5  has  been  placed and the commissioner of social services shall be noti-
     6  fied of such hearing and shall have the right to be heard thereat.
     7    (c) The provisions of section seven hundred forty-five shall apply  at
     8  such  permanency hearing. If the petition is filed within [sixty] thirty
     9  days prior to the expiration of the period of placement, the court shall
    10  first determine at such permanency hearing whether good cause  has  been
    11  shown. If good cause is not shown, the court shall dismiss the petition.
    12    (d)  At the conclusion of the permanency hearing the court may, in its
    13  discretion, order an extension of the placement for not more  than  [one
    14  year] ninety days.  The court must consider and determine in its order:
    15    (i)  where  appropriate,  that reasonable efforts were made to make it
    16  possible for the child to safely return to his or her home,  or  if  the
    17  permanency  plan  for  the child is adoption, guardianship or some other
    18  permanent living arrangement other than reunification with the parent or
    19  parents of the child, reasonable efforts are  being  made  to  make  and
    20  finalize  such  alternate permanent placement including consideration of
    21  appropriate in-state and out-of-state placements;
    22    (ii) in the case of a child who has attained the age of fourteen,  (A)
    23  the  services needed, if any, to assist the child to make the transition
    24  from foster care to successful adulthood; and (B)(1) that the permanency
    25  plan developed for the child, and any revision or addition to  the  plan
    26  shall  be developed in consultation with the child and, at the option of
    27  the child, with up to two additional members of the  child's  permanency
    28  planning  team  who  are  selected by the child and who are not a foster
    29  parent of, or case worker, case planner or case manager for, the  child,
    30  except  that  the  local commissioner of social services with custody of
    31  the child may reject an individual so selected  by  the  child  if  such
    32  commissioner has good cause to believe that the individual would not act
    33  in  the  best  interests  of  the  child, and (2) that one individual so
    34  selected by the child may be designated to be the child's  advisor  and,
    35  as necessary, advocate with respect to the application of the reasonable
    36  and prudent parent standard;
    37    (iii)  in  the  case of a child placed outside New York state, whether
    38  the out-of-state placement continues to be appropriate and in  the  best
    39  interests of the child;
    40    (iv)  whether  and when the child: (A) will be returned to the parent;
    41  (B) should be placed for adoption  with  the  social  services  official
    42  filing  a  petition  for  termination  of parental rights; (C) should be
    43  referred for legal guardianship; (D) should be placed permanently with a
    44  fit and willing relative; or (E) should be  placed  in  another  planned
    45  permanent  living  arrangement with a significant connection to an adult
    46  willing to be a permanency resource for the child if the  child  is  age
    47  sixteen  or older and (1) the social services official has documented to
    48  the court: (I) intensive, ongoing, and, as of the date of  the  hearing,
    49  unsuccessful  efforts made by the social services district to return the
    50  child home or secure a placement for the child with a  fit  and  willing
    51  relative  including  adult  siblings,  a  legal guardian, or an adoptive
    52  parent, including through efforts that utilize search technology includ-
    53  ing social media to find biological family members  for  children,  (II)
    54  the  steps the social services district is taking to ensure that (A) the
    55  child's foster family home or  child  care  facility  is  following  the
    56  reasonable  and  prudent  parent  standard  in  accordance with guidance
        A. 4876                            29
 
     1  provided by the United States department of health and  human  services,
     2  and (B) the child has regular, ongoing opportunities to engage in age or
     3  developmentally  appropriate activities including by consulting with the
     4  child  in an age-appropriate manner about the opportunities of the child
     5  to participate in activities; and (2) the social services  district  has
     6  documented  to  the  court  and  the court has determined that there are
     7  compelling reasons for determining that it continues to not  be  in  the
     8  best  interest  of the child to return home, be referred for termination
     9  of parental rights and placed for adoption, placed with a fit and  will-
    10  ing  relative,  or  placed  with a legal guardian; and (3) the court has
    11  made a determination explaining why, as of  the  date  of  the  hearing,
    12  another  planned  living arrangement with a significant connection to an
    13  adult willing to be a permanency resource for  the  child  is  the  best
    14  permanency plan for the child; and
    15    (v) where the child will not be returned home, consideration of appro-
    16  priate in-state and out-of-state placements.
    17    (d-1)  At  the  permanency  hearing,  the court shall consult with the
    18  respondent in an age-appropriate manner regarding the  permanency  plan;
    19  provided,  however,  that  if the respondent is age sixteen or older and
    20  the requested permanency plan for the respondent is placement in another
    21  planned permanent living arrangement with a significant connection to an
    22  adult willing to be a permanency resource for the respondent, the  court
    23  must  ask  the  respondent  about the desired permanency outcome for the
    24  respondent.
    25    (e) Pending final determination of a petition to extend such placement
    26  filed in accordance with the provisions of this section, the court  may,
    27  on  its  own  motion  or at the request of the petitioner or respondent,
    28  enter one or more temporary orders extending a period of  placement  not
    29  to exceed thirty days upon satisfactory proof showing probable cause for
    30  continuing  such  placement  and that each temporary order is necessary.
    31  The court may order additional temporary extensions,  not  to  exceed  a
    32  total  of  fifteen  days, if the court is unable to conclude the hearing
    33  within the thirty day temporary extension period. In no event shall  the
    34  aggregate  number  of  days  in extensions granted or ordered under this
    35  subdivision total more than  forty-five  days.  The  petition  shall  be
    36  dismissed  if  a decision is not rendered within the period of placement
    37  or any temporary extension thereof. Notwithstanding any provision of law
    38  to the contrary, the initial permanency hearing  shall  be  held  within
    39  [twelve  months of the date the child was placed into care] a reasonable
    40  period of time prior to the expiration of the initial period  of  place-
    41  ment  pursuant  to section seven hundred fifty-six [of this article] and
    42  no later than every twelve months thereafter. [For the purposes of  this
    43  section,  the  date  the  child was placed into care shall be sixty days
    44  after the child was removed from his or her home in accordance with  the
    45  provisions of this section.]
    46    (f)  Successive  extensions  of  placement  under  this section may be
    47  granted, but no placement may be made or continued  beyond  the  child's
    48  eighteenth  birthday without his or her consent and in no event past his
    49  or her twenty-first birthday.
    50    § 43. Section 757 of the family court act is amended by adding  a  new
    51  subdivision (e) to read as follows:
    52    (e)  The  court  may  order services deemed appropriate to address the
    53  circumstances alleged in  the  underlying  petition  including  services
    54  provided by family support centers.
    55    §  44. Section 758-a of the family court act, as amended by chapter 73
    56  of the laws of 1979, subdivision 1 as amended by chapter 4 of  the  laws
        A. 4876                            30
 
     1  of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
     2  laws  of  2007,  subdivision  2 as amended by chapter 309 of the laws of
     3  1996, and subdivision 3 as separately amended by chapter 568 of the laws
     4  of 1979, is amended to read as follows:
     5    § 758-a. Restitution. 1. In cases involving acts of [infants] children
     6  over  [ten]  twelve  and  less than [sixteen] eighteen years of age, the
     7  court may
     8    (a) recommend as a condition of placement, or order as a condition  of
     9  probation or suspended judgment, restitution in an amount representing a
    10  fair  and  reasonable  cost to replace the property or repair the damage
    11  caused by the [infant] child,  not,  however,  to  exceed  one  thousand
    12  dollars.  [In  the case of a placement, the court may recommend that the
    13  infant pay out of his or  her  own  funds  or  earnings  the  amount  of
    14  replacement  or  damage, either in a lump sum or in periodic payments in
    15  amounts set by the agency with which he is placed, and in  the  case  of
    16  probation  or  suspended  judgment,  the] The court may require that the
    17  [infant] child pay out of his or her own funds or earnings the amount of
    18  replacement or damage, either in a lump sum or in periodic  payments  in
    19  amounts set by the court; and/or
    20    (b)  order  as a condition of placement, probation, or suspended judg-
    21  ment, services for the public good including in  the  case  of  a  crime
    22  involving  willful, malicious, or unlawful damage or destruction to real
    23  or personal property maintained as a cemetery plot, grave, burial place,
    24  or other place of interment of human remains, services for  the  mainte-
    25  nance and repair thereof, taking into consideration the age and physical
    26  condition of the [infant] child.
    27    2.  If  the  court recommends restitution or requires services for the
    28  public good in conjunction  with  an  order  of  placement  pursuant  to
    29  section  seven hundred fifty-six, the placement shall be made only to an
    30  authorized agency which has adopted rules and regulations for the super-
    31  vision of such a program, which rules and regulations shall  be  subject
    32  to  the  approval of the state department of social services. Such rules
    33  and regulations shall include, but not  be  limited  to  provisions  (i)
    34  assuring  that  the conditions of work, including wages, meet the stand-
    35  ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
    36  coverage to the child under the workers' compensation law as an employee
    37  of such agency, department or institution; (iii) assuring that the enti-
    38  ty  receiving  such  services  shall not utilize the same to replace its
    39  regular employees; and (iv) providing for reports to the court not  less
    40  frequently than every six months, unless the order provides otherwise.
    41    3.  If  the court requires restitution or services for the public good
    42  as a condition of probation or suspended judgment, it shall provide that
    43  an agency or person supervise the restitution or services and that  such
    44  agency  or person report to the court not less frequently than every six
    45  months, unless the order provides otherwise.  Upon  the  written  notice
    46  sent  by  a  school  district to the court and the appropriate probation
    47  department or agency which submits probation recommendations or  reports
    48  to  the  court,  the  court  may provide that such school district shall
    49  supervise the performance of services for the public good.
    50    4.  The court, upon receipt of the reports provided for in subdivision
    51  two or three of this section may, on its own motion or the motion of any
    52  party or the agency, hold a hearing to determine whether  the  placement
    53  should be altered or modified.
    54    §  45.  Subdivision  (f)  of  section  759 of the family court act, as
    55  amended by section 11 of part E of chapter 57 of the laws  of  2005,  is
    56  amended to read as follows:
        A. 4876                            31
 
     1    (f)  to  participate  in family counseling or other professional coun-
     2  seling activities, or other services,  including  services  provided  by
     3  family   support   centers,   alternative  dispute  resolution  services
     4  conducted by an authorized person or an authorized agency to  which  the
     5  youth  has  been  referred or placed, deemed necessary for the rehabili-
     6  tation of the youth, provided that such family counseling,  other  coun-
     7  seling  activity  or  other  necessary services are not contrary to such
     8  person's religious beliefs;
     9    § 46. Section 768 of the family  court  act  is  amended  to  read  as
    10  follows:
    11    § 768. Successive petitions. If a petition under section seven hundred
    12  sixty-four  is  denied,  it  may not be renewed for a period of [ninety]
    13  thirty days after the denial, unless the order of denial permits renewal
    14  at an earlier time.
    15    § 47. Section 153-k of the social services law is  amended  by  adding
    16  two new subdivisions 2-a and 2-b to read as follows:
    17    2-a. Notwithstanding any other provision of law to the contrary, state
    18  reimbursement shall be made available for one hundred percent of expend-
    19  itures made by social services districts, exclusive of any federal funds
    20  made  available  for  such  purposes, for preventive services, aftercare
    21  services, independent living services and foster care services  provided
    22  to  youth age sixteen years of age or older when such services would not
    23  otherwise have been provided to such youth absent the  provisions  in  a
    24  chapter  of the laws of two thousand seventeen that increased the age of
    25  juvenile jurisdiction above fifteen years of age.
    26    2-b. Notwithstanding any other provision of law to the contrary, state
    27  reimbursement shall be made available for one hundred percent of expend-
    28  itures made by social services districts, exclusive of any federal funds
    29  made available for such purpose, for family support centers  established
    30  pursuant to title twelve of this article.
    31    § 48.  Subdivisions 5 and 6 of section 371 of the social services law,
    32  subdivision  5 as added by chapter 690 of the laws of 1962, and subdivi-
    33  sion 6 as amended by chapter 596 of the laws of  2000,  are  amended  to
    34  read as follows:
    35    5.  "Juvenile  delinquent"  means  a  person [over seven and less than
    36  sixteen years of age who does any act which, if done by an adult,  would
    37  constitute a crime] as defined in section 301.2 of the family court act.
    38    6.  "Person in need of supervision" means a person [less than eighteen
    39  years of age who is habitually truant or who is incorrigible, ungoverna-
    40  ble or habitually disobedient and beyond the lawful control of a  parent
    41  or  other  person  legally  responsible  for such child's care, or other
    42  lawful authority] as defined in section  seven  hundred  twelve  of  the
    43  family court act.
    44    §  49. Article 6 of the social services law is amended by adding a new
    45  title 12 to read as follows:
    46                                  TITLE 12
    47                           FAMILY SUPPORT CENTERS
    48  Section 458-m. Family support centers.
    49          458-n. Funding for family support centers.
    50    § 458-m. Family support centers. 1. As used in this  title,  the  term
    51  "family  support  center"  shall  mean a program established pursuant to
    52  this title to provide community-based supportive services  to  youth  at
    53  risk of being, or alleged or adjudicated to be persons in need of super-
    54  vision  pursuant  to  article  seven  of the family court act, and their
    55  families.  Family  support  centers  may  also  provide  community-based
        A. 4876                            32
 
     1  supportive  services to youth who are alleged or adjudicated to be juve-
     2  nile delinquents pursuant to article three of the family court act.
     3    2. Family support centers shall provide comprehensive services to such
     4  children  and  their families, either directly or through referrals with
     5  partner agencies, including, but not limited to:
     6    (a) rapid family assessments and screenings;
     7    (b) crisis intervention;
     8    (c) family mediation and skills building;
     9    (d) mental and behavioral health services, as defined  in  subdivision
    10  fifty-eight  of section 1.03 of the mental hygiene law, including cogni-
    11  tive interventions;
    12    (e) case management;
    13    (f) respite services; and
    14    (g) other family support services.
    15    3. To the extent practicable, the services that are provided shall  be
    16  trauma  sensitive, family focused, gender-responsive, where appropriate,
    17  and evidence and/or strength based and shall be tailored to the individ-
    18  ualized needs of the child and  family  based  on  the  assessments  and
    19  screenings conducted by such family support center.
    20    4.  Family  support  centers shall have the capacity to serve families
    21  outside of regular business hours including evenings or weekends.
    22    § 458-n. Funding for family support centers.  1.  Notwithstanding  any
    23  other  provision  of  law  to the contrary, state reimbursement shall be
    24  made available for one hundred percent of expenditures  made  by  social
    25  services  districts,  exclusive  of any federal funds made available for
    26  such purpose, for family support centers statewide.
    27    2. Notwithstanding any other provision of law to the contrary,  family
    28  support  centers  shall  be established in each social services district
    29  throughout the state with the approval of the  office  of  children  and
    30  family  services,  provided  however  that  two  or more social services
    31  districts may join together to establish, operate and maintain a  family
    32  support  center and may make and perform agreements in connection there-
    33  with.
    34    3. Social services districts may contract with  not-for-profit  corpo-
    35  rations  or  utilize existing programs to operate family support centers
    36  in accordance with the provisions of this title and the specific program
    37  requirements issued by the office. Family  support  centers  shall  have
    38  sufficient  capacity  to  provide  services  to  youth within the social
    39  services district or districts who are at risk of becoming,  alleged  or
    40  adjudicated  to  be  persons  in need of supervision pursuant to article
    41  seven of the family court act, and their families. In addition,  to  the
    42  extent practicable, family support centers may provide services to youth
    43  who  are  alleged or adjudicated under article three of the family court
    44  act.
    45    4. Social services districts receiving funding under this title  shall
    46  report  to  the  office of children and family services, in the form and
    47  manner and at such times as determined by the office, on the performance
    48  outcomes of any family support center located within such district  that
    49  receives funding under this title.
    50    § 50. Subdivisions 3 and 11 of section 398 of the social services law,
    51  subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
    52  (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
    53  the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
    54  1976, are amended to read as follows:
    55    3. As to delinquent children and persons in need of supervision:
    56    (a) Investigate complaints as to alleged delinquency of a child.
        A. 4876                            33

     1    (b)  Bring  such case of alleged delinquency when necessary before the
     2  family court.
     3    (c)  Receive  within  fifteen  days  from  the order of placement as a
     4  public charge any delinquent child committed or placed or in the case of
     5  a person in need of supervision placed, ten days, in his or her care  by
     6  the  family court provided, however, that the commissioner of the social
     7  services district with whom the child is placed may apply to  the  state
     8  commissioner  or  his  or  her  designee  for  approval of an additional
     9  fifteen days, or in the case of a person in  need  of  supervision,  ten
    10  days,  upon  written  documentation to the office of children and family
    11  services that the youth is in need of specialized treatment or placement
    12  and the diligent efforts by  the  commissioner  of  social  services  to
    13  locate an appropriate placement.
    14    11.  In  the  case  of  a child who is adjudicated a person in need of
    15  supervision or a juvenile delinquent and is placed by the  family  court
    16  with the [division for youth] office of children and family services and
    17  who is placed by [the division for youth] such office with an authorized
    18  agency  pursuant to court order, the social services official shall make
    19  expenditures in accordance with the regulations of  the  department  for
    20  the care and maintenance of such child during the term of such placement
    21  subject  to  state  reimbursement pursuant to section one hundred fifty-
    22  three-k of this title[, or article nineteen-G of the  executive  law  in
    23  applicable cases].
    24    §  51.  Subdivision  8  of  section 404 of the social services law, as
    25  added by section 1 of subpart A of part G of chapter 57 of the  laws  of
    26  2012, is amended to read as follows:
    27    8.  (a)  Notwithstanding any other provision of law to the contrary[,]
    28  except as provided for in paragraph (a-1) of this subdivision,  eligible
    29  expenditures  during  the  applicable  time  periods  made  by  a social
    30  services district for an approved juvenile  justice  services  close  to
    31  home  initiative  shall, if approved by the department of family assist-
    32  ance, be subject to reimbursement with state funds only up to the extent
    33  of an annual  appropriation  made  specifically  therefor,  after  first
    34  deducting  therefrom  any  federal  funds  properly  received  or  to be
    35  received on account thereof; provided, however,  that  when  such  funds
    36  have  been  exhausted,  a  social  services  district  may receive state
    37  reimbursement from other available state appropriations for  that  state
    38  fiscal  year for eligible expenditures for services that otherwise would
    39  be reimbursable under such funding streams. Any claims  submitted  by  a
    40  social services district for reimbursement for a particular state fiscal
    41  year  for  which  the  social  services  district does not receive state
    42  reimbursement from the annual appropriation for the  approved  close  to
    43  home initiative may not be claimed against that district's appropriation
    44  for the initiative for the next or any subsequent state fiscal year.
    45    (i)  State  funding  for  reimbursement shall be, subject to appropri-
    46  ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
    47  $35,200,000  adjusted by any changes in such amount required by subpara-
    48  graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
    49  $41,400,000  adjusted  to  include the amount of any changes made to the
    50  state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
    51  (iii)  of  this  paragraph  plus any additional changes required by such
    52  subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
    53  ation,  for all subsequent state fiscal years in the amount of the prior
    54  year's actual appropriation adjusted by any changes required by subpara-
    55  graphs (ii) and (iii) of this paragraph.
        A. 4876                            34
 
     1    (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
     2  paragraph  shall  be  increased  or decreased by the percentage that the
     3  average of the most recently approved maximum state aid rates for  group
     4  residential  foster care programs is higher or lower than the average of
     5  the  approved  maximum state aid rates for group residential foster care
     6  programs in existence immediately prior to the  most  recently  approved
     7  rates.
     8    (iii)  The reimbursement amounts set forth in subparagraph (i) of this
     9  paragraph shall be increased if either the population of  alleged  juve-
    10  nile  delinquents who receive a probation intake or the total population
    11  of adjudicated juvenile delinquents placed on  probation  combined  with
    12  the  population  of adjudicated juvenile delinquents placed out of their
    13  homes in a setting other than a  secure  facility  pursuant  to  section
    14  352.2  of  the  family court act, increases by at least ten percent over
    15  the respective population in the annual baseline year. The baseline year
    16  shall be the period from July first, two thousand ten through June thir-
    17  tieth, two thousand eleven or the most recent twelve  month  period  for
    18  which  there  is  complete  data, whichever is later. In each successive
    19  year, the population of the previous July first through  June  thirtieth
    20  period  shall  be  compared  to  the  baseline  year for determining any
    21  adjustments to a state fiscal year appropriation. When either population
    22  increases by ten percent or more, the reimbursement will be adjusted  by
    23  a  percentage  equal  to the larger of the percentage increase in either
    24  the number of probation intakes for alleged juvenile delinquents or  the
    25  total population of adjudicated juvenile delinquents placed on probation
    26  combined  with the population of adjudicated juvenile delinquents placed
    27  out of their homes in a setting other than a secure facility pursuant to
    28  section 352.2 of the family court act.
    29    (iv) The social services district and/or the New York city  department
    30  of  probation shall provide an annual report including the data required
    31  to calculate the population adjustment to the New York  city  office  of
    32  management and budget, the division of criminal justice services and the
    33  state  division  of  the budget no later than the first day of September
    34  following the close of the previous July first  through  June  thirtieth
    35  period.
    36    (a-1)  State  reimbursement  shall  be  made available for one hundred
    37  percent of eligible expenditures made by  a  social  services  district,
    38  exclusive  of  any  federal  funds made available for such purposes, for
    39  approved juvenile justice services  under  an  approved  close  to  home
    40  initiative provided to youth age sixteen years of age or older when such
    41  services would not otherwise have been provided to such youth absent the
    42  provisions  in  a  chapter  of  the  laws of two thousand seventeen that
    43  increased the age of juvenile jurisdiction above fifteen years of age.
    44    (b)  The  department  of  family  assistance  is  authorized,  in  its
    45  discretion,  to  make  advances  to a social services district in antic-
    46  ipation of the state reimbursement provided for in this section.
    47    (c) A social services  district  shall  conduct  eligibility  determi-
    48  nations  for  federal and state funding and submit claims for reimburse-
    49  ment in such form and manner and at such times and for such  periods  as
    50  the department of family assistance shall determine.
    51    (d) Notwithstanding any inconsistent provision of law or regulation of
    52  the  department  of  family assistance, state reimbursement shall not be
    53  made for any expenditure made for the duplication of any grant or allow-
    54  ance for any period.
    55    (e) Claims submitted by a social services district  for  reimbursement
    56  shall  be  paid after deducting any expenditures defrayed by fees, third
        A. 4876                            35
 
     1  party reimbursement, and any non-tax levy funds  including  any  donated
     2  funds.
     3    (f) The office of children and family services shall not reimburse any
     4  claims for expenditures for residential services that are submitted more
     5  than  twenty-two months after the calendar quarter in which the expendi-
     6  tures were made.
     7    (g) Notwithstanding any other provision of law, the state shall not be
     8  responsible for reimbursing a social services district  and  a  district
     9  shall  not  seek state reimbursement for any portion of any state disal-
    10  lowance or sanction taken against the social services district,  or  any
    11  federal  disallowance  attributable to final federal agency decisions or
    12  to settlements made, when such disallowance or sanction results from the
    13  failure of the social services district to comply with federal or  state
    14  requirements,  including, but not limited to, failure to document eligi-
    15  bility for the federal or state funds in the case record. To the  extent
    16  that the social services district has sufficient claims other than those
    17  that are subject to disallowance or sanction to draw down the full annu-
    18  al  appropriation,  such  disallowance or sanction shall not result in a
    19  reduction in payment of state funds to the district unless the  district
    20  requests  that  the department use a portion of the appropriation toward
    21  meeting the district's responsibility to repay  the  federal  government
    22  for the disallowance or sanction and any related interest payments.
    23    (h) Rates for residential services. (i) The office shall establish the
    24  rates,  in  accordance with section three hundred ninety-eight-a of this
    25  chapter, for any non-secure facilities  established  under  an  approved
    26  juvenile justice services close to home initiative. For any such non-se-
    27  cure  facility  that  will  be  used  primarily  by  the social services
    28  district with an approved close to home initiative, final authority  for
    29  establishment  of  such  rates  and any adjustments thereto shall reside
    30  with the office, but such rates and any  adjustments  thereto  shall  be
    31  established  only  upon  the  request of, and in consultation with, such
    32  social services district.
    33    (ii) A social services district  with  an  approved  juvenile  justice
    34  services  close  to  home  initiative for juvenile delinquents placed in
    35  limited secure settings  shall  have  the  authority  to  establish  and
    36  adjust,  on  an  annual  or regular basis, maintenance rates for limited
    37  secure facilities providing residential services under such  initiative.
    38  Such  rates  shall  not  be  subject  to the provisions of section three
    39  hundred ninety-eight-a of this chapter but shall be subject  to  maximum
    40  cost limits established by the office of children and family services.
    41    §  52.  Paragraph  (a) of subdivision 1 of section 409-a of the social
    42  services law, as amended by chapter 87 of the laws of 1993, subparagraph
    43  (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
    44  as amended by section 22 of part C of chapter 83 of the laws of 2002, is
    45  amended to read as follows:
    46    (a) A social services official shall provide preventive services to  a
    47  child  and  his  or  her family, in accordance with the family's service
    48  plan as required by section four hundred nine-e of this chapter and  the
    49  social  services  district's  child  welfare services plan submitted and
    50  approved pursuant to section four hundred nine-d of this chapter, upon a
    51  finding by such official that (i) the child will be placed, returned  to
    52  or  continued  in foster care unless such services are provided and that
    53  it is reasonable to believe that by providing such  services  the  child
    54  will be able to remain with or be returned to his or her family, and for
    55  a former foster care youth under the age of twenty-one who was previous-
    56  ly  placed  in  the  care and custody or custody and guardianship of the
        A. 4876                            36
 
     1  local commissioner of social services or other officer, board or depart-
     2  ment authorized to receive  children  as  public  charges  where  it  is
     3  reasonable  to believe that by providing such services the former foster
     4  care  youth  will avoid a return to foster care or (ii) the child is the
     5  subject of a petition under article seven of the family  court  act,  or
     6  has  been  determined  by the assessment service established pursuant to
     7  section two hundred forty-three-a  of  the  executive  law,  or  by  the
     8  probation  service where no such assessment service has been designated,
     9  to be at risk of being the subject of such a petition,  and  the  social
    10  services official determines that the child is at risk of placement into
    11  foster  care.  Such finding shall be entered in the child's uniform case
    12  record established and  maintained  pursuant  to  section  four  hundred
    13  nine-f of this chapter. The commissioner shall promulgate regulations to
    14  assist social services officials in making determinations of eligibility
    15  for  mandated  preventive services pursuant to this [subparagraph] para-
    16  graph.
    17    § 53. Section 30.00 of the penal law, as amended by chapter 481 of the
    18  laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
    19  is amended to read as follows:
    20  § 30.00 Infancy.
    21    1. Except as provided in [subdivision] subdivisions two and  three  of
    22  this  section,  a  person  less than [sixteen] eighteen years old is not
    23  criminally responsible for conduct.
    24    2. A person thirteen, fourteen [or], fifteen,  sixteen,  or  seventeen
    25  years  of  age is criminally responsible for acts constituting murder in
    26  the second degree as defined in subdivisions  one  and  two  of  section
    27  125.25 and in subdivision three of such section provided that the under-
    28  lying crime for the murder charge is one for which such person is crimi-
    29  nally  responsible  or  for such conduct as a sexually motivated felony,
    30  where authorized pursuant to section 130.91  of  [the  penal  law]  this
    31  chapter; and a person fourteen [or], fifteen, sixteen or seventeen years
    32  of  age  is  criminally  responsible  for  acts  constituting the crimes
    33  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
    34  (arson  in the first degree); subdivisions one and two of section 120.10
    35  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
    36  degree);  subdivisions  one and two of section 130.35 (rape in the first
    37  degree); subdivisions one and two of section 130.50 (criminal sexual act
    38  in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
    39  degree);  140.30  (burglary  in  the  first  degree); subdivision one of
    40  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
    41  second degree); 160.15 (robbery in the first degree); subdivision two of
    42  section  160.10  (robbery  in  the  second  degree)  of this chapter; or
    43  section 265.03 of this chapter, where such machine gun or  such  firearm
    44  is possessed on school grounds, as that phrase is defined in subdivision
    45  fourteen  of  section 220.00 of this chapter; or defined in this chapter
    46  as an attempt to commit murder in the second degree or kidnapping in the
    47  first degree, or for such conduct as a sexually motivated felony,  where
    48  authorized pursuant to section 130.91 of [the penal law] this chapter.
    49    3.  A person sixteen or seventeen years of age is criminally responsi-
    50  ble for acts constituting the crimes defined in section  460.22  (aggra-
    51  vated enterprise corruption); 490.25 (crime of terrorism); 490.45 (crim-
    52  inal possession of a chemical or biological weapon in the first degree);
    53  490.50  (criminal  use  of a chemical weapon or biological weapon in the
    54  second degree); 490.55 (criminal use of a chemical weapon or  biological
    55  weapon  in  the  first degree); 120.11 (aggravated assault upon a police
    56  officer or a peace officer);  125.22  (aggravated  manslaughter  in  the
        A. 4876                            37
 
     1  first  degree);  215.17  (intimidating  a victim or witness in the first
     2  degree); 265.04 (criminal possession of a weapon in the  first  degree);
     3  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
     4  sale of a firearm in the first degree); 490.35 (hindering prosecution of
     5  terrorism  in the first degree); 490.40 (criminal possession of a chemi-
     6  cal weapon or biological weapon in the second degree); 490.47  (criminal
     7  use  of  a  chemical  weapon  or biological weapon in the third degree);
     8  121.13 (strangulation in the first degree); 490.37 (criminal  possession
     9  of  a  chemical weapon or biological weapon in the third degree) of this
    10  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    11  sion one of section 70.80 of this chapter.
    12    4. In any prosecution for an offense, lack of criminal  responsibility
    13  by reason of infancy, as defined in this section, is a defense.
    14    §  54.  Subdivision 2 of section 60.02 of the penal law, as amended by
    15  chapter 471 of the laws of 1980, is amended to read as follows:
    16    (2) If the sentence is to be imposed upon a youthful offender  finding
    17  which  has  been  substituted for a conviction for any felony, the court
    18  must impose a sentence authorized to be imposed upon a person  convicted
    19  of  a  class  E  felony  provided,  however, that (a) the court must not
    20  impose a sentence of [conditional discharge or] unconditional  discharge
    21  if  the  youthful offender finding was substituted for a conviction of a
    22  felony defined in article two hundred twenty of this chapter.
    23    § 55. Section 60.10 of the penal law, as amended by chapter 411 of the
    24  laws of 1979, is amended to read as follows:
    25  § 60.10 Authorized disposition; juvenile offender.
    26    1.  When a juvenile offender is convicted of a crime, the court  shall
    27  sentence  the defendant to imprisonment in accordance with section 70.05
    28  or sentence [him] the defendant upon  a  youthful  offender  finding  in
    29  accordance with section 60.02 of this chapter.
    30    2. Subdivision one of this section shall apply when sentencing a juve-
    31  nile offender notwithstanding the provisions of any other law that deals
    32  with the authorized sentence for persons who are not juvenile offenders.
    33  Provided,  however, that the limitation prescribed by this section shall
    34  not be deemed or construed to bar use of  a  conviction  of  a  juvenile
    35  offender,  other  than  a  juvenile  offender who has been adjudicated a
    36  youthful offender pursuant to section 720.20 of the  criminal  procedure
    37  law,  as  a  previous  or predicate felony offender under section 70.04,
    38  70.06, 70.07, 70.08[, or 70.10,] or 70.80 when sentencing a  person  who
    39  commits a felony after [he] such person has reached the age of [sixteen]
    40  eighteen.
    41    §  56.  Paragraph  (b)  of subdivision 2 of section 70.05 of the penal
    42  law, as added by chapter 481 of the laws of 1978, is amended and  a  new
    43  paragraph (b-1) is added to read as follows:
    44    (b) For [the] a class [A] A-I felony [of arson in the first degree, or
    45  for  the  class  A  felony of kidnapping in the first degree] other than
    46  murder in the second degree, the term shall be fixed by the  court,  and
    47  shall be at least twelve years but shall not exceed fifteen years;
    48    (b-1) For a class A-II felony the term shall be fixed by the court and
    49  shall be at least ten years but shall not exceed fourteen years;
    50    §  57.  Paragraph  (b)  of subdivision 3 of section 70.05 of the penal
    51  law, as added by chapter 481 of the laws of 1978, is amended and  a  new
    52  subdivision (b-1) is added to read as follows:
    53    (b) For [the] a class [A] A-I felony [of arson in the first degree, or
    54  for  the  class  A  felony of kidnapping in the first degree] other than
    55  murder in the second degree, the minimum period of imprisonment shall be
        A. 4876                            38
 
     1  fixed by the court and shall be not less than four years but  shall  not
     2  exceed six years; and
     3    (b-1)  For  a  class  A-II  felony, the minimum period of imprisonment
     4  shall be fixed by the court and shall be not less than three  years  but
     5  shall not exceed five years; and
     6    §  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
     7  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
     8  amended to read as follows:
     9    1. [(a)] Indeterminate or determinate sentence. Except as provided  in
    10  subdivision  four  of this section, when an indeterminate or determinate
    11  sentence of imprisonment is imposed, the court shall commit the  defend-
    12  ant  to the custody of the state department of corrections and community
    13  supervision for the term of his or her sentence and  until  released  in
    14  accordance  with  the law; provided, however, that a defendant sentenced
    15  pursuant to subdivision seven of section 70.06 shall be committed to the
    16  custody of the state department of corrections and community supervision
    17  for immediate delivery to a reception center operated by the department.
    18    [(b) The court in committing a defendant who is not yet eighteen years
    19  of age to the department of corrections and community supervision  shall
    20  inquire as to whether the parents or legal guardian of the defendant, if
    21  present,  will  grant  to  the  minor the capacity to consent to routine
    22  medical, dental and mental health services and treatment.
    23    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    24  commits a defendant who is not yet eighteen years of age to the  custody
    25  of the department of corrections and community supervision in accordance
    26  with this section and no medical consent has been obtained prior to said
    27  commitment,  the  commitment order shall be deemed to grant the capacity
    28  to consent to routine medical, dental and  mental  health  services  and
    29  treatment to the person so committed.
    30    (d) Nothing in this subdivision shall preclude a parent or legal guar-
    31  dian  of  an  inmate  who is not yet eighteen years of age from making a
    32  motion on notice to the department of corrections and  community  super-
    33  vision  pursuant  to  article  twenty-two  of the civil practice law and
    34  rules and section one hundred forty of the correction law, objecting  to
    35  routine  medical,  dental  or mental health services and treatment being
    36  provided to such inmate under the provisions of paragraph  (b)  of  this
    37  subdivision.
    38    (e)  Nothing  in  this  section shall require that consent be obtained
    39  from the parent or legal guardian, where  no  consent  is  necessary  or
    40  where  the  defendant  is authorized by law to consent on his or her own
    41  behalf to any medical, dental, and mental health service or treatment.]
    42    § 58-a. Subdivision d of section 74 of chapter 3 of the laws of  1995,
    43  enacting  the sentencing reform act of 1995, as amended by section 19 of
    44  part B of chapter 55 of the laws of 2015, is amended and a new  subdivi-
    45  sion d-1 is added to read as follows:
    46    d.  Sections  one-a  through  eight,  ten  through twenty, twenty-four
    47  through twenty-eight, thirty through thirty-nine, forty-two  and  forty-
    48  four of this act shall be deemed repealed on September 1, 2017;
    49    d-1. Section nine of this act shall be deemed repealed on September 1,
    50  2019;
    51    §  59.  Subdivision 2 of section 70.20 of the penal law, as amended by
    52  chapter 437 of the laws of 2013, is amended to read as follows:
    53    2. [(a)] Definite sentence. Except as provided in subdivision four  of
    54  this  section,  when a definite sentence of imprisonment is imposed, the
    55  court shall commit the defendant to the county or regional  correctional
        A. 4876                            39
 
     1  institution  for  the term of his sentence and until released in accord-
     2  ance with the law.
     3    [(b) The court in committing a defendant who is not yet eighteen years
     4  of  age  to  the local correctional facility shall inquire as to whether
     5  the parents or legal guardian of the defendant, if present,  will  grant
     6  to  the  minor  the  capacity  to consent to routine medical, dental and
     7  mental health services and treatment.
     8    (c) Nothing in this subdivision shall preclude a parent or legal guar-
     9  dian of an inmate who is not yet eighteen years of  age  from  making  a
    10  motion  on  notice  to the local correction facility pursuant to article
    11  twenty-two of the civil practice law and rules and section  one  hundred
    12  forty  of  the  correction  law, objecting to routine medical, dental or
    13  mental health services and treatment being provided to such inmate under
    14  the provisions of paragraph (b) of this subdivision.]
    15    § 60. Subdivision 4 of section 70.20 of the penal law, as  amended  by
    16  section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
    17  amended to read as follows:
    18    4.  (a)  Notwithstanding any other provision of law to the contrary, a
    19  juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
    20  ful  offender and given an indeterminate or a definite sentence, and who
    21  is under the age of twenty-one at  the  time  of  sentencing,  shall  be
    22  committed  to  the custody of the commissioner of the office of children
    23  and family services who shall arrange for the confinement of such offen-
    24  der in [secure] facilities of the office. The  release  or  transfer  of
    25  such  offenders from the office of children and family services shall be
    26  governed by section five hundred eight of  the  executive  law.  If  the
    27  juvenile offender is convicted or adjudicated a youthful offender and is
    28  twenty-one  years  of  age or older at the time of sentencing, he or she
    29  shall be delivered to the department of corrections and community super-
    30  vision.
    31    (a-1) Notwithstanding any other provision of law to  the  contrary,  a
    32  person  who  is  sentenced  to an indeterminate sentence as an adult for
    33  committing a crime when he or she was sixteen or seventeen years of  age
    34  who is sentenced on or after December first, two thousand seventeen to a
    35  term  of  at  least one year of imprisonment and who is under the age of
    36  eighteen at the time he or she is sentenced shall be  committed  to  the
    37  custody  of  the  commissioner  of  the  office  of  children and family
    38  services who shall arrange for  the  confinement  of  such  offender  in
    39  facilities of the office. The release or transfer of such offenders from
    40  the  office of children and family services shall be governed by section
    41  five hundred eight of the executive law.
    42    (b) The court in committing [a juvenile offender and  youthful  offen-
    43  der]  an  offender  under  eighteen  years  of age to the custody of the
    44  office of children and family services shall inquire as to  whether  the
    45  parents or legal guardian of the youth, if present, will consent for the
    46  office  of  children  and  family  services  to provide routine medical,
    47  dental and mental health services and treatment.
    48    (c) Notwithstanding paragraph (b) of this subdivision, where the court
    49  commits an offender to the custody of the office of children and  family
    50  services in accordance with this section and no medical consent has been
    51  obtained  prior to said commitment, the commitment order shall be deemed
    52  to grant consent for the office  of  children  and  family  services  to
    53  provide  for  routine  medical,  dental  and  mental health services and
    54  treatment to the offender so committed.
    55    (d) Nothing in this subdivision shall preclude a parent or legal guar-
    56  dian of an offender who is not yet eighteen years of age from  making  a
        A. 4876                            40
 
     1  motion  on notice to the office of children and family services pursuant
     2  to article twenty-two of the civil practice law and rules  objecting  to
     3  routine  medical,  dental  or mental health services and treatment being
     4  provided  to such offender under the provisions of paragraph (b) of this
     5  subdivision.
     6    (e) Nothing in this section shall require  that  consent  be  obtained
     7  from  the  parent  or  legal  guardian, where no consent is necessary or
     8  where the offender is authorized by law to consent on  his  or  her  own
     9  behalf to any medical, dental and mental health service or treatment.
    10    §  60-a.  Paragraph (f) of subdivision 1 of section 70.30 of the penal
    11  law, as added by chapter 481 of the laws of 1978 and relettered by chap-
    12  ter 3 of the laws of 1995, is amended to read as follows:
    13    (f) The aggregate maximum term of consecutive sentences imposed upon a
    14  juvenile offender for two or more crimes, not including a class A  felo-
    15  ny,  committed  before  he  has reached the age of sixteen, shall, if it
    16  exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
    17  nate  sentences  imposed upon a juvenile offender include a sentence for
    18  [the] a class A felony [of arson in the first degree or for the class  A
    19  felony  of  kidnapping  in  the  first  degree] other than murder in the
    20  second degree, then the aggregate maximum term of such sentences  shall,
    21  if  it  exceeds  fifteen years, be deemed to be fifteen years. Where the
    22  aggregate maximum term of two or more consecutive sentences  is  reduced
    23  by  a calculation made pursuant to this paragraph, the aggregate minimum
    24  period of imprisonment, if it exceeds one-half of the aggregate  maximum
    25  term  as  so  reduced,  shall  be deemed to be one-half of the aggregate
    26  maximum term as so reduced.
    27    § 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
    28  chapter 7 of the laws of 2007, is amended to read as follows:
    29    18. "Juvenile offender" means (1) a person thirteen years old  who  is
    30  criminally responsible for acts constituting murder in the second degree
    31  as defined in subdivisions one and two of section 125.25 of this chapter
    32  or  such conduct as a sexually motivated felony, where authorized pursu-
    33  ant to section 130.91 of [the penal law; and] this chapter;
    34    (2) a person fourteen [or], fifteen, sixteen or  seventeen  years  old
    35  who  is  criminally responsible for acts constituting the crimes defined
    36  in subdivisions one and two of section  125.25  (murder  in  the  second
    37  degree)  and  in  subdivision  three  of  such section provided that the
    38  underlying crime for the murder charge is one for which such  person  is
    39  criminally responsible; section 135.25 (kidnapping in the first degree);
    40  150.20  (arson in the first degree); subdivisions one and two of section
    41  120.10 (assault in the first degree); 125.20 (manslaughter in the  first
    42  degree);  subdivisions  one and two of section 130.35 (rape in the first
    43  degree); subdivisions one and two of section 130.50 (criminal sexual act
    44  in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
    45  degree);  140.30  (burglary  in  the  first  degree); subdivision one of
    46  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
    47  second degree); 160.15 (robbery in the first degree); subdivision two of
    48  section  160.10  (robbery  in  the  second  degree)  of this chapter; or
    49  section 265.03 of this chapter, where such machine gun or  such  firearm
    50  is possessed on school grounds, as that phrase is defined in subdivision
    51  fourteen  of  section 220.00 of this chapter; or defined in this chapter
    52  as an attempt to commit murder in the second degree or kidnapping in the
    53  first degree, or such conduct as  a  sexually  motivated  felony,  where
    54  authorized  pursuant  to section 130.91 of [the penal law] this chapter;
    55  and
        A. 4876                            41
 
     1    (3) a person sixteen or seventeen years of age is criminally responsi-
     2  ble for acts constituting the crimes defined in section  460.22  (aggra-
     3  vated enterprise corruption); 490.25 (crime of terrorism); 490.45 (crim-
     4  inal  possession  of a chemical weapon or biological weapon in the first
     5  degree);  490.50 (criminal use of a chemical weapon or biological weapon
     6  in the second degree); 490.55 (criminal use  of  a  chemical  weapon  or
     7  biological  weapon in the first degree); 120.11 (aggravated assault upon
     8  a police officer or a peace officer); 125.22 (aggravated manslaughter in
     9  the first degree); 215.17 (intimidating a victim or witness in the first
    10  degree); 265.04 (criminal possession of a weapon in the  first  degree);
    11  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
    12  sale of a firearm in the first degree); 490.35 (hindering prosecution of
    13  terrorism  in the first degree); 490.40 (criminal possession of a chemi-
    14  cal weapon or biological weapon in the second degree); 490.47  (criminal
    15  use  of  a  chemical  weapon  or biological weapon in the third degree);
    16  121.13 (strangulation in the first degree); 490.37 (criminal  possession
    17  of  a  chemical weapon or biological weapon in the third degree) of this
    18  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    19  sion one of section 70.80 of this chapter.
    20    § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
    21  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    22    42. "Juvenile offender" means (1) a person, thirteen years old who  is
    23  criminally responsible for acts constituting murder in the second degree
    24  as  defined  in  subdivisions one and two of section 125.25 of the penal
    25  law, or such conduct as a sexually motivated  felony,  where  authorized
    26  pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
    27  [or],  fifteen, sixteen or seventeen years old who is criminally respon-
    28  sible for acts constituting the crimes defined in subdivisions  one  and
    29  two  of  section 125.25 (murder in the second degree) and in subdivision
    30  three of such section provided that the underlying crime for the  murder
    31  charge  is  one for which such person is criminally responsible; section
    32  135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
    33  degree);  subdivisions  one  and  two  of section 120.10 (assault in the
    34  first degree); 125.20 (manslaughter in the first  degree);  subdivisions
    35  one  and  two of section 130.35 (rape in the first degree); subdivisions
    36  one and two of section 130.50 (criminal sexual act in the first degree);
    37  130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
    38  in the first degree); subdivision one of section 140.25 (burglary in the
    39  second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
    40  the first degree); subdivision two of section  160.10  (robbery  in  the
    41  second  degree)  of  the  penal law; or section 265.03 of the penal law,
    42  where such machine gun or such firearm is possessed on  school  grounds,
    43  as  that  phrase is defined in subdivision fourteen of section 220.00 of
    44  the penal law; or defined in the penal  law  as  an  attempt  to  commit
    45  murder  in  the second degree or kidnapping in the first degree, or such
    46  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    47  section  130.91  of the penal law; and (3) a person sixteen or seventeen
    48  years of age is criminally responsible for acts constituting the  crimes
    49  defined  in  section  460.22  (aggravated enterprise corruption); 490.25
    50  (crime of terrorism); 490.45 (criminal possession of a  chemical  weapon
    51  or  biological  weapon  in  the first degree); 490.50 (criminal use of a
    52  chemical weapon or biological  weapon  in  the  second  degree);  490.55
    53  (criminal  use  of  a  chemical weapon or biological weapon in the first
    54  degree); 120.11 (aggravated assault upon a police  officer  or  a  peace
    55  officer);  125.22  (aggravated manslaughter in the first degree); 215.17
    56  (intimidating a victim or witness in the first degree); 265.04 (criminal
        A. 4876                            42
 
     1  possession of a weapon in the first degree); 265.09 (criminal use  of  a
     2  firearm  in the first degree); 265.13 (criminal sale of a firearm in the
     3  first degree); 490.35 (hindering prosecution of terrorism in  the  first
     4  degree);  490.40 (criminal possession of a chemical weapon or biological
     5  weapon in the second degree); 490.47 (criminal use of a chemical  weapon
     6  or  biological weapon in the third degree); 121.13 (strangulation in the
     7  first degree); 490.37 (criminal  possession  of  a  chemical  weapon  or
     8  biological  weapon in the third degree) of this chapter; or a felony sex
     9  offense as defined in paragraph (a) of subdivision one of section  70.80
    10  of this chapter.
    11    § 63. The article heading of article 100 of the criminal procedure law
    12  is amended to read as follows:
    13                       --COMMENCEMENT OF ACTION IN LOCAL
    14          CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
    15                   CRIMINAL COURT] ACCUSATORY INSTRUMENTS
    16    § 63-a. The opening paragraph of section 100.05 of the criminal proce-
    17  dure law is amended to read as follows:
    18    A  criminal action is commenced by the filing of an accusatory instru-
    19  ment with a criminal court, or, in the case of a juvenile offender,  the
    20  youth  part  of the superior court, and if more than one such instrument
    21  is filed in  the  course  of  the  same  criminal  action,  such  action
    22  commences  when the first of such instruments is filed.  The only way in
    23  which a criminal action can be commenced in a superior court is  by  the
    24  filing  therewith  by  a grand jury of an indictment against a defendant
    25  who has never been held by a local criminal court for the action of such
    26  grand jury with respect to any  charge  contained  in  such  indictment;
    27  provided,  however, that when the criminal action is commenced against a
    28  juvenile offender, such criminal action, whatever the form of  commence-
    29  ment,  shall be filed in the youth part of the superior court or, if the
    30  youth part is not in session, filed with the most accessible  magistrate
    31  designated  by the appellate division of the supreme court in the appli-
    32  cable department to act as a youth part.  Otherwise, a  criminal  action
    33  can be commenced only in a local criminal court, by the filing therewith
    34  of a local criminal court accusatory instrument, namely:
    35    § 63-b. The section heading and subdivision 5 of section 100.10 of the
    36  criminal procedure law are amended to read as follows:
    37    Local  criminal  court and youth part of the superior court accusatory
    38  instruments; definitions thereof.
    39    5.  A "felony complaint" is a verified written accusation by a person,
    40  filed with a local criminal court, or youth part of the superior  court,
    41  charging  one  or  more other persons with the commission of one or more
    42  felonies.   It serves as a basis for  the  commencement  of  a  criminal
    43  action, but not as a basis for prosecution thereof.
    44    §  63-c.  The section heading of section 100.40 of the criminal proce-
    45  dure law is amended to read as follows:
    46    Local criminal court and youth part of the superior  court  accusatory
    47  instruments; sufficiency on face.
    48    §  63-d. The criminal procedure law is amended by adding a new section
    49  100.60 to read as follows:
    50  § 100.60 Youth part of the superior  court  accusatory  instruments;  in
    51             what courts filed.
    52    Any  youth  part  of  the  superior court accusatory instrument may be
    53  filed with the youth part of the superior court of a  particular  county
    54  when  an  offense charged therein was allegedly committed in such county
    55  or that part thereof over which such court has jurisdiction.
        A. 4876                            43
 
     1    § 63-e. The article heading of article 110 of the  criminal  procedure
     2  law is amended to read as follows:
     3                      --REQUIRING DEFENDANT'S APPEARANCE
     4           IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
     5                               FOR ARRAIGNMENT
     6    § 63-f. The section heading and subdivisions 1 and 2 of section 110.10
     7  of the criminal procedure law are amended to read as follows:
     8    Methods of requiring defendant's appearance in local criminal court or
     9  youth part of the superior court for arraignment; in general.
    10    1.  After  a  criminal  action  has been commenced in a local criminal
    11  court or youth part of the superior court by the filing of an accusatory
    12  instrument therewith, a defendant who has  not  been  arraigned  in  the
    13  action and has not come under the control of the court may under certain
    14  circumstances  be  compelled  or required to appear for arraignment upon
    15  such accusatory instrument by:
    16    (a)  The issuance and execution of a warrant of arrest, as provided in
    17  article one hundred twenty; or
    18    (b)  The issuance and service upon him of a summons,  as  provided  in
    19  article one hundred thirty; or
    20    (c)   Procedures provided in articles five hundred sixty, five hundred
    21  seventy, five hundred eighty, five hundred ninety and  six  hundred  for
    22  securing  attendance  of  defendants  in criminal actions who are not at
    23  liberty within the state.
    24    2.  Although no criminal action against a person has been commenced in
    25  any court, he may under certain circumstances be compelled  or  required
    26  to  appear  in  a local criminal court or youth part of a superior court
    27  for arraignment upon an accusatory instrument to be filed  therewith  at
    28  or before the time of his appearance by:
    29    (a)    An  arrest  made  without a warrant, as provided in article one
    30  hundred forty; or
    31    (b)  The issuance and service upon him of  an  appearance  ticket,  as
    32  provided in article one hundred fifty.
    33    §  63-g.  Section  110.20 of the criminal procedure law, as amended by
    34  chapter 843 of the laws of 1980, is amended to read as follows:
    35  § 110.20 Local criminal court or youth part of the superior court  accu-
    36              satory instruments; notice thereof to district attorney.
    37    When  a  criminal action in which a crime is charged is commenced in a
    38  local criminal court, other than the criminal court of the city  of  New
    39  York,  or  youth  part  of  the superior court, a copy of the accusatory
    40  instrument shall be promptly transmitted  to  the  appropriate  district
    41  attorney  upon or prior to the arraignment of the defendant on the accu-
    42  satory instrument.   If a police officer  or  a  peace  officer  is  the
    43  complainant  or  the  filer of a simplified information, or has arrested
    44  the defendant or brought him before the local criminal  court  or  youth
    45  part  of the superior court on behalf of an arresting person pursuant to
    46  subdivision one of section 140.20, such  officer  or  his  agency  shall
    47  transmit  the  copy  of  the  accusatory  instrument  to the appropriate
    48  district attorney.  In all other cases, the clerk of the court in  which
    49  the defendant is arraigned shall so transmit it.
    50    §  63-h.  The  opening paragraph of subdivision 1 of section 120.20 of
    51  the criminal procedure law, as amended by chapter 506  of  the  laws  of
    52  2000, is amended to read as follows:
    53    When a criminal action has been commenced in a local criminal court or
    54  youth part of the superior court by the filing therewith of an accusato-
    55  ry  instrument,  other  than a simplified traffic information, against a
        A. 4876                            44
 
     1  defendant who has not been arraigned upon such accusatory instrument and
     2  has not come under the control of the court with respect thereto:
     3    §  63-i.  Section  120.30  of the criminal procedure law is amended to
     4  read as follows:
     5  § 120.30  Warrant of arrest; by what courts issuable and in what  courts
     6               returnable.
     7    1.  A warrant of arrest may be issued only by the local criminal court
     8  or youth part of the superior court with which the underlying accusatory
     9  instrument has been filed, and it may be made returnable in such issuing
    10  court only.
    11    2.    The  particular  local criminal court or courts or youth part of
    12  superior court with which any particular local criminal court  or  youth
    13  part  of  the  superior court accusatory instrument may be filed for the
    14  purpose of obtaining a warrant of arrest are determined,  generally,  by
    15  the provisions of section 100.55 or 100.60, as applicable.  If, however,
    16  a  particular  accusatory instrument may pursuant to said section 100.55
    17  be filed with a particular town court and such town court is not  avail-
    18  able  at  the  time  such instrument is sought to be filed and a warrant
    19  obtained, such accusatory instrument may be filed with the town court of
    20  any adjoining town of the same county.  If such instrument may be  filed
    21  pursuant to said section 100.55 with a particular village court and such
    22  village  court  is  not  available at the time, it may be filed with the
    23  town court of the town embracing such village, or if such town court  is
    24  not  available  either, with the town court of any adjoining town of the
    25  same county.
    26    § 63-j. Section 120.55 of the criminal procedure law,  as  amended  by
    27  section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
    28  amended to read as follows:
    29  § 120.55  Warrant of arrest; defendant under parole or probation  super-
    30               vision.
    31    If  the  defendant  named within a warrant of arrest issued by a local
    32  criminal court or youth part of  the  superior  court  pursuant  to  the
    33  provisions  of  this  article, or by a superior court issued pursuant to
    34  subdivision three of section 210.10 of this chapter, is under the super-
    35  vision of the state department of corrections and community  supervision
    36  or  a local or state probation department, then a warrant for his or her
    37  arrest may be executed by a parole officer or  probation  officer,  when
    38  authorized by his or her probation director, within his or her geograph-
    39  ical area of employment.  The execution of the warrant by a parole offi-
    40  cer or probation officer shall be upon the same conditions and conducted
    41  in  the  same  manner as provided for execution of a warrant by a police
    42  officer.
    43    § 63-k. Subdivision 1 of section 120.70 of the criminal procedure  law
    44  is amended to read as follows:
    45    1.    A  warrant of arrest issued by a district court, by the New York
    46  City criminal court, the youth part of a superior court or by a superior
    47  court judge sitting as a local criminal court may be  executed  anywhere
    48  in the state.
    49    §  63-l.  Section  120.90 of the criminal procedure law, as amended by
    50  chapter 424 of the laws of 1998, subdivision 8 as amended by chapter  96
    51  of the laws of 2010, is amended to read as follows:
    52  § 120.90  Warrant of arrest; procedure after arrest.
    53    1.    Upon arresting a defendant for any offense pursuant to a warrant
    54  of arrest in the county in which the warrant is  returnable  or  in  any
    55  adjoining  county,  or  upon  so arresting him for a felony in any other
    56  county, a police officer, if he be one to whom the warrant is addressed,
        A. 4876                            45
 
     1  must without unnecessary delay bring  the  defendant  before  the  local
     2  criminal court or youth part of the superior court in which such warrant
     3  is returnable.
     4    2.    Upon arresting a defendant for any offense pursuant to a warrant
     5  of arrest in a county adjoining the  county  in  which  the  warrant  is
     6  returnable, or upon so arresting him for a felony in any other county, a
     7  police  officer,  if he be one delegated to execute the warrant pursuant
     8  to section 120.60, must without unnecessary delay deliver the  defendant
     9  or  cause  him  to be delivered to the custody of the officer by whom he
    10  was so delegated, and the latter must then proceed as provided in subdi-
    11  vision one.
    12    3.  Upon arresting a defendant for an  offense  other  than  a  felony
    13  pursuant  to a warrant of arrest in a county other than the one in which
    14  the warrant is returnable or one adjoining it, a police officer,  if  he
    15  be  one to whom the warrant is addressed, must inform the defendant that
    16  he has a right to appear before a local criminal court of the county  of
    17  arrest  for  the  purpose  of  being released on his own recognizance or
    18  having bail fixed.  If the defendant does not desire to avail himself of
    19  such right, the officer must request him to endorse such fact  upon  the
    20  warrant,  and upon such endorsement the officer must without unnecessary
    21  delay bring him before the court in which the warrant is returnable.  If
    22  the defendant does desire to avail himself  of  such  right,  or  if  he
    23  refuses to make the aforementioned endorsement, the officer must without
    24  unnecessary  delay bring him before a local criminal court of the county
    25  of arrest.  Such court must release the defendant on  his  own  recogni-
    26  zance or fix bail for his appearance on a specified date in the court in
    27  which  the  warrant  is  returnable.   If the defendant is in default of
    28  bail, the officer must without unnecessary delay bring  him  before  the
    29  court in which the warrant is returnable.
    30    4.    Upon  arresting  a  defendant for an offense other than a felony
    31  pursuant to a warrant of arrest in a county other than the one in  which
    32  the  warrant  is returnable or one adjoining it, a police officer, if he
    33  be one delegated to execute the warrant pursuant to section 120.60,  may
    34  hold  the  defendant in custody in the county of arrest for a period not
    35  exceeding two hours for the purpose of delivering him to the custody  of
    36  the  officer  by  whom  he was delegated to execute such warrant. If the
    37  delegating officer receives custody of the defendant during such period,
    38  he must proceed as provided in subdivision three. Otherwise, the  deleg-
    39  ated  officer  must  inform  the defendant that he has a right to appear
    40  before a local criminal court for the purpose of being released  on  his
    41  own recognizance or having bail fixed.  If the defendant does not desire
    42  to  avail  himself  of such right, the officer must request him to make,
    43  sign and deliver to him a written statement of such  fact,  and  if  the
    44  defendant does so, the officer must retain custody of him but must with-
    45  out  unnecessary  delay  deliver him or cause him to be delivered to the
    46  custody of the delegating police officer. If the defendant  does  desire
    47  to avail himself of such right, or if he refuses to make and deliver the
    48  aforementioned  statement, the delegated or arresting officer must with-
    49  out unnecessary delay bring him before a local  criminal  court  of  the
    50  county  of  arrest  and  must  submit  to such court a written statement
    51  reciting the material facts concerning the issuance of the warrant,  the
    52  offense  involved,  and  all  other  essential matters relating thereto.
    53  Upon the submission of such  statement,  such  court  must  release  the
    54  defendant  on  his  own recognizance or fix bail for his appearance on a
    55  specified date in the court in which the warrant is returnable.  If  the
    56  defendant  is in default of bail, the officer must retain custody of him
        A. 4876                            46
 
     1  but must without unnecessary delay deliver him or cause him to be deliv-
     2  ered to the custody of the delegating  officer.    Upon  receiving  such
     3  custody,  the  latter must without unnecessary delay bring the defendant
     4  before the court in which the warrant is returnable.
     5    5.   Whenever a police officer is required pursuant to this section to
     6  bring an arrested defendant before a town court in which  a  warrant  of
     7  arrest  is  returnable,  and  if such town court is not available at the
     8  time, such officer must, if a copy of the underlying accusatory  instru-
     9  ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
    10  instead bring such defendant before any village court embraced, in whole
    11  or in part, by such town, or any local criminal court  of  an  adjoining
    12  town  or city of the same county or any village court embraced, in whole
    13  or in part, by such adjoining town. When the court in which the  warrant
    14  is returnable is a village court which is not available at the time, the
    15  officer  must  in such circumstances bring the defendant before the town
    16  court of the town embracing such village  or  any  other  village  court
    17  within  such  town or, if such town court or village court is not avail-
    18  able either, before the local criminal court of any town or city of  the
    19  same county which adjoins such embracing town or, before the local crim-
    20  inal court of any village embraced in whole or in part by such adjoining
    21  town.  When the court in which the warrant is returnable is a city court
    22  which is not available at the time, the officer  must  in  such  circum-
    23  stances  bring  the  defendant  before  the  local criminal court of any
    24  adjoining town or village embraced in whole or in part by such adjoining
    25  town of the same county.
    26    5-a. Whenever a police officer is required, pursuant to this  section,
    27  to  bring  an arrested defendant before a youth part of a superior court
    28  in which a warrant of arrest is returnable, and if  such  court  is  not
    29  available at the time, such officer must bring such defendant before the
    30  most  accessible  magistrate designated by the appellate division of the
    31  supreme court in the applicable department to act as a youth part.
    32    6.  Before bringing a defendant arrested pursuant to a warrant  before
    33  the local criminal court or youth part of a superior court in which such
    34  warrant  is  returnable, a police officer must without unnecessary delay
    35  perform all fingerprinting and other preliminary police duties  required
    36  in  the  particular  case.  In  any  case  in which the defendant is not
    37  brought by a police officer before such court but, following his  arrest
    38  in another county for an offense specified in subdivision one of section
    39  160.10,  is  released  by a local criminal court of such other county on
    40  his own recognizance or on bail for his appearance on a  specified  date
    41  before  the local criminal court before which the warrant is returnable,
    42  the latter court must, upon arraignment  of  the  defendant  before  it,
    43  direct  that  he  be fingerprinted by the appropriate officer or agency,
    44  and that he appear at an appropriate designated time and place for  such
    45  purpose.
    46    7.  Upon arresting a juvenile offender, the police officer shall imme-
    47  diately  notify  the  parent or other person legally responsible for his
    48  care or the person with whom he is domiciled, that the juvenile offender
    49  has been arrested, and the location of the facility where  he  is  being
    50  detained.
    51    8.    Upon  arresting a defendant, other than a juvenile offender, for
    52  any offense pursuant to a warrant of arrest,  a  police  officer  shall,
    53  upon  the  defendant's  request,  permit the defendant to communicate by
    54  telephone provided by the law enforcement facility where  the  defendant
    55  is held to a phone number located anywhere in the United States or Puer-
    56  to  Rico, for the purposes of obtaining counsel and informing a relative
        A. 4876                            47
 
     1  or friend that he or she has been arrested,  unless  granting  the  call
     2  will  compromise  an  ongoing  investigation  or  the prosecution of the
     3  defendant.
     4    §  63-l-1.  Subdivision  1 of section 120.90 of the criminal procedure
     5  law, as amended by chapter 492 of the laws of 2016, is amended  to  read
     6  as follows:
     7    1. Upon arresting a defendant for any offense pursuant to a warrant of
     8  arrest  in  the  county  in  which  the  warrant is returnable or in any
     9  adjoining county, or upon so arresting him or her for a  felony  in  any
    10  other  county, a police officer, if he or she be one to whom the warrant
    11  is addressed, must without unnecessary delay bring the defendant  before
    12  the  local  criminal  court or youth part of the superior court in which
    13  such warrant is returnable, provided that, where a local criminal  court
    14  in  the county in which the warrant is returnable hereunder is operating
    15  an off-hours arraignment part designated in  accordance  with  paragraph
    16  (w)  of  subdivision  one of section two hundred twelve of the judiciary
    17  law at the time of defendant's return, such police officer may bring the
    18  defendant before such local criminal court.
    19    § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
    20  as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
    21  follows:
    22    1. A summons is a process issued by a local criminal court directing a
    23  defendant  designated  in  an information, a prosecutor's information, a
    24  felony complaint or a misdemeanor complaint filed with such court, or  a
    25  youth  part  of  a  superior court directing a defendant designated in a
    26  felony complaint, or by a superior court directing  a  defendant  desig-
    27  nated  in  an indictment filed with such court, to appear before it at a
    28  designated future time in connection with  such  accusatory  instrument.
    29  The sole function of a summons is to achieve a defendant's court appear-
    30  ance  in a criminal action for the purpose of arraignment upon the accu-
    31  satory instrument by which such action was commenced.
    32    § 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
    33  chapter 506 of the laws of 2000, is amended to read as follows:
    34  § 130.30 Summons; when issuable.
    35    A local criminal court or youth part of the superior court may issue a
    36  summons  in any case in which, pursuant to section 120.20, it is author-
    37  ized to  issue  a  warrant  of  arrest  based  upon  an  information,  a
    38  prosecutor's information, a felony complaint or a misdemeanor complaint.
    39  If  such  information,  prosecutor's  information,  felony  complaint or
    40  misdemeanor complaint is not sufficient on its  face  as  prescribed  in
    41  section  100.40,  and if the court is satisfied that on the basis of the
    42  available facts or evidence it would be impossible to draw and  file  an
    43  authorized  accusatory  instrument  that  is sufficient on its face, the
    44  court must dismiss the accusatory instrument. A superior court may issue
    45  a summons in any case in  which,  pursuant  to  section  210.10,  it  is
    46  authorized to issue a warrant of arrest based upon an indictment.
    47    §  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
    48  is amended by adding a new paragraph (f) to read as follows:
    49    (f) If the arrest is for a person under  the  age  of  eighteen,  such
    50  person  shall be brought before the youth part of the superior court. If
    51  the youth part is not in session, such person shall  be  brought  before
    52  the  most  accessible magistrate designated by the appellate division of
    53  the supreme court in the applicable department to act as a youth part.
    54    § 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
    55  as  added  by  chapter  411  of  the laws of 1979, is amended to read as
    56  follows:
        A. 4876                            48
 
     1    6. Upon arresting a juvenile offender without a  warrant,  the  police
     2  officer  shall  immediately  notify  the  parent or other person legally
     3  responsible for his or her care or the person with whom  he  or  she  is
     4  domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
     5  location of the facility where he or she is being detained. If the offi-
     6  cer determines that it is necessary to question a juvenile offender or a
     7  child  under  eighteen  years of age who fits within the definition of a
     8  juvenile offender as defined in section 30.00  of  the  penal  law,  the
     9  officer  must  take  the  juvenile to a facility designated by the chief
    10  administrator of the courts as a suitable place for the  questioning  of
    11  children  or,  upon  the  consent  of  a  parent or other person legally
    12  responsible for the care of the juvenile, to  the  juvenile's  residence
    13  and  there  question him or her for a reasonable period of time. A juve-
    14  nile shall not be questioned pursuant to this section unless  the  juve-
    15  nile  and a person required to be notified pursuant to this subdivision,
    16  if present, have been advised:
    17    (a) of the juvenile's right to remain silent;
    18    (b) that the statements made by the juvenile may be used in a court of
    19  law;
    20    (c) of the juvenile's right to have an attorney present at such  ques-
    21  tioning; and
    22    (d)  of  the  juvenile's right to have an attorney provided for him or
    23  her without charge if he or she is indigent.
    24    In determining the suitability  of  questioning  and  determining  the
    25  reasonable  period of time for questioning such a juvenile offender, the
    26  juvenile's age, the presence or absence of his or her parents  or  other
    27  persons  legally responsible for his or her care and notification pursu-
    28  ant to this subdivision shall be included among relevant considerations.
    29    § 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
    30  as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
    31  follows:
    32    2.  Upon arresting a person without a warrant, a peace officer, except
    33  as  otherwise  provided  in  subdivision  three or three-a, must without
    34  unnecessary delay bring him or cause him to be brought  before  a  local
    35  criminal  court,  as  provided  in section 100.55 and subdivision one of
    36  section 140.20, and must without unnecessary delay file or cause  to  be
    37  filed  therewith  an  appropriate accusatory instrument.  If the offense
    38  which is the subject of the arrest is one of those specified in subdivi-
    39  sion one of section 160.10, the arrested person  must  be  fingerprinted
    40  and  photographed as therein provided.  In order to execute the required
    41  post-arrest functions, such arresting peace  officer  may  perform  such
    42  functions  himself  or he may enlist the aid of a police officer for the
    43  performance thereof in the manner provided in subdivision one of section
    44  140.20.
    45    § 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
    46  adding a new subdivision 3-a to read as follows:
    47    3-a.  If  the  arrest  is for a person under the age of eighteen, such
    48  person shall be brought before the youth part of the superior court.  If
    49  the  youth  part  is not in session, such person shall be brought before
    50  the most accessible magistrate designated by the appellate  division  of
    51  the supreme court in the applicable department to act as a youth part.
    52    §  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
    53  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
    54  follows:
    55    5.    Upon  arresting a juvenile offender without a warrant, the peace
    56  officer shall immediately notify the  parent  or  other  person  legally
        A. 4876                            49
 
     1  responsible for his care or the person with whom he or she is domiciled,
     2  that  the  juvenile  offender has been arrested, and the location of the
     3  facility where he or she is being detained.  If the  officer  determines
     4  that  it  is  necessary to question a juvenile offender or a child under
     5  eighteen years of age who fits  within  the  definition  of  a  juvenile
     6  offender  as  defined in section 30.00 of the penal law the officer must
     7  take the juvenile to a facility designated by the chief administrator of
     8  the courts as a suitable place for the questioning of children or,  upon
     9  the consent of a parent or other person legally responsible for the care
    10  of  the  juvenile, to the juvenile's residence and there question him or
    11  her for a reasonable period of time. A juvenile shall not be  questioned
    12  pursuant to this section unless the juvenile and a person required to be
    13  notified pursuant to this subdivision, if present, have been advised:
    14    (a) of the juvenile's right to remain silent;
    15    (b) that the statements made by the juvenile may be used in a court of
    16  law;
    17    (c)  of the juvenile's right to have an attorney present at such ques-
    18  tioning; and
    19    (d) of the juvenile's right to have an attorney provided  for  him  or
    20  her without charge if he or she is indigent.
    21    In  determining  the  suitability  of  questioning and determining the
    22  reasonable period of time for questioning such a juvenile offender,  the
    23  juvenile's  age,  the presence or absence of his or her parents or other
    24  persons legally responsible for his or her care and notification  pursu-
    25  ant to this subdivision shall be included among relevant considerations.
    26    §  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
    27  as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
    28  follows:
    29    5.    If  a  police  officer  takes an arrested juvenile offender into
    30  custody, the police officer shall immediately notify the parent or other
    31  person legally responsible for his or her care or the person  with  whom
    32  he  or  she  is domiciled, that the juvenile offender has been arrested,
    33  and the location of the facility where he or she is being detained.   If
    34  the  officer  determines  that  it  is  necessary to question a juvenile
    35  offender or a child under eighteen years of  age  who  fits  within  the
    36  definition  of  a  juvenile  offender as defined in section 30.00 of the
    37  penal law the officer must take the juvenile to a facility designated by
    38  the chief administrator of the courts as a suitable place for the  ques-
    39  tioning  of  children  or,  upon the consent of a parent or other person
    40  legally responsible for the care of  the  juvenile,  to  the  juvenile's
    41  residence and there question him or her for a reasonable period of time.
    42  A  juvenile  shall not be questioned pursuant to this section unless the
    43  juvenile and a person required to be notified pursuant to this  subdivi-
    44  sion, if present, have been advised:
    45    (a) of the juvenile's right to remain silent;
    46    (b) that the statements made by the juvenile may be used in a court of
    47  law;
    48    (c)  of the juvenile's right to have an attorney present at such ques-
    49  tioning; and
    50    (d) of the juvenile's right to have an attorney provided  for  him  or
    51  her without charge if he or she is indigent.
    52    In  determining  the  suitability  of  questioning and determining the
    53  reasonable period of time for questioning such a juvenile offender,  the
    54  juvenile's  age,  the presence or absence of his or her parents or other
    55  persons legally responsible for his or her care and notification  pursu-
    56  ant to this subdivision shall be included among relevant considerations.
        A. 4876                            50
 
     1    §  66-a.  Section  150.40  of the criminal procedure law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5.  Notwithstanding  any  other provision of this chapter, any uniform
     4  traffic ticket issued to a person sixteen  or  seventeen  years  of  age
     5  pursuant to a violation of any provision of the vehicle and traffic law,
     6  or  any local law, constituting a traffic infraction shall be returnable
     7  to the local city, town, or village court, or traffic violations  bureau
     8  having jurisdiction.
     9    §  67.  The  criminal procedure law is amended by adding a new section
    10  160.56 to read as follows:
    11  § 160.56 Sealing of certain convictions.
    12    1. Definitions: As used in this section,  the  following  terms  shall
    13  have the following meanings:
    14    (a)  "Eligible  offense" shall mean any offense defined in the laws of
    15  this state other than a sex offense defined in article one hundred thir-
    16  ty of the penal law, an offense defined in article  two  hundred  sixty-
    17  three  of the penal law, a felony offense defined in article one hundred
    18  twenty-five of the penal  law,  a  violent  felony  offense  defined  in
    19  section  70.02 of the penal law, a class A felony offense defined in the
    20  penal law other than a class A felony offense  defined  in  article  two
    21  hundred twenty of the penal law, or an offense for which registration as
    22  a  sex  offender is required pursuant to article six-C of the correction
    23  law.  For the purposes of this section, where the defendant is convicted
    24  of more than one eligible offense, committed as part of the same  crimi-
    25  nal  transaction  as defined in subdivision two of section 40.10 of this
    26  chapter, those offenses shall be considered one eligible offense.
    27    2. A defendant who has been convicted of up to two  eligible  offenses
    28  but  not more than one felony offense may petition the court in which he
    29  or she was convicted of the most serious offense to have such conviction
    30  or convictions sealed. If all offenses are offenses with the same  clas-
    31  sification,  the  petition  shall  be  filed  in  the court in which the
    32  defendant was last convicted. On the defendant's motion, the  court  may
    33  order that all official records and papers relating to the arrest, pros-
    34  ecution  and  conviction  for the defendant's prior eligible offenses be
    35  conditionally sealed when:
    36    (a) the defendant has not been convicted of any other crime, including
    37  crimes sealed under section 160.58  of  this  chapter,  other  than  the
    38  eligible offenses;
    39    (b)  for  a misdemeanor, at least one year has passed since: the entry
    40  of the judgment or, if the defendant  was  sentenced  to  a  conditional
    41  discharge  or a period of probation, including a period of incarceration
    42  imposed in conjunction with  a  sentence  of  probation  or  conditional
    43  discharge, the completion of the defendant's term of probation or condi-
    44  tional  discharge,  or  if the defendant was sentenced to incarceration,
    45  the defendant's release from incarceration, whichever is the longest; or
    46    (c) for an eligible felony, at least three years  have  passed  since:
    47  the entry of the judgment or, if the defendant was sentenced to a condi-
    48  tional  discharge or a period of probation, including a period of incar-
    49  ceration imposed in conjunction with a sentence of probation  or  condi-
    50  tional discharge, the completion of the defendant's term of probation or
    51  conditional  discharge,  or if the defendant was sentenced to incarcera-
    52  tion, the defendant's release from incarceration, whichever is the long-
    53  est; and
    54    (d) the sentencing court has requested and received from the  division
    55  of  criminal  justice  services or the federal bureau of investigation a
    56  fingerprint based criminal history record of  the  defendant,  including
        A. 4876                            51
 
     1  any  sealed  or suppressed information. The division of criminal justice
     2  services shall also include a criminal history report, if any, from  the
     3  federal  bureau of investigation regarding any criminal history informa-
     4  tion  that  occurred  in  other  jurisdictions.  The  division is hereby
     5  authorized to receive such information from the federal bureau of inves-
     6  tigation for this purpose. The parties shall  be  permitted  to  examine
     7  these records;
     8    (e)  the  defendant or court has identified the misdemeanor conviction
     9  or convictions or felony conviction for which relief may be granted;
    10    (f) the court has received documentation that the sentences imposed on
    11  the eligible convictions have been completed, or if no  such  documenta-
    12  tion  is  reasonably  available,  a  sworn  affidavit that the sentences
    13  imposed on the prior eligible convictions have been completed;
    14    (g) the court has notified the district attorney of each  jurisdiction
    15  in  which the defendant has been convicted of an offense with respect to
    16  which sealing is sought, and the court or courts of conviction for  such
    17  offenses,  that  the  court  is  considering  sealing the records of the
    18  defendant's eligible convictions. Both the  district  attorney  and  the
    19  court  shall  be  given  a  reasonable opportunity, which shall be up to
    20  thirty days, in which to comment and submit materials to aid  the  court
    21  in  making  such  a  determination.  When  the court notifies a district
    22  attorney of a sealing application, the district attorney  shall  provide
    23  notice  to  the  victim,  if  any, of the sealing application by mailing
    24  written notice to the victim's last-known address. For purposes of  this
    25  section  "victim"  means any person who has sustained physical or finan-
    26  cial injury to person or to property as a direct result of the crime  or
    27  crimes for which sealing is applied. The court shall provide the defend-
    28  ant with any materials submitted to the court in response to the defend-
    29  ant's petition; and
    30    (h) no charges for any offense are pending against the defendant.
    31    3. At the request of the defendant or the district attorney of a coun-
    32  ty  in  which the defendant committed a crime that is the subject of the
    33  sealing application, the court may conduct a  hearing  to  consider  and
    34  review  any relevant evidence offered by either party that would aid the
    35  court in its decision whether to seal the  records  of  the  defendant's
    36  arrests,  prosecutions  and convictions. In making such a determination,
    37  the court shall consider any relevant factors, including but not limited
    38  to:
    39    (a) the circumstances and seriousness of the offense or offenses  that
    40  resulted in the conviction or convictions;
    41    (b) the character of the defendant, including what steps the petition-
    42  er  has  taken  since  the time of the offense toward personal rehabili-
    43  tation, including treatment, work, school,  or  other  personal  history
    44  that demonstrates rehabilitation;
    45    (c) the defendant's criminal history;
    46    (d)  the  impact  of  sealing  the defendant's records upon his or her
    47  rehabilitation and his or her  successful  and  productive  reentry  and
    48  reintegration into society, and on public safety; and
    49    (e) any statements made by the victim of the offense where there is in
    50  fact a victim of the crime.
    51    4.  When a court orders sealing pursuant to this section, all official
    52  records  and  papers  relating  to  the   arrests,   prosecutions,   and
    53  convictions,  including  all duplicates and copies thereof, on file with
    54  the division of criminal justice services or any court shall  be  sealed
    55  and  not  made  available  to  any  person  or public or private agency;
        A. 4876                            52
 
     1  provided, however, the division shall  retain  any  fingerprints,  palm-
     2  prints, photographs, or digital images of the same.
     3    5.  When  the court orders sealing pursuant to this section, the clerk
     4  of such court shall immediately notify the commissioner of the  division
     5  of criminal justice services, and any court that sentenced the defendant
     6  for  an  offense  which  has  been  conditionally  sealed, regarding the
     7  records that shall be sealed pursuant to this section.
     8    6. Records sealed pursuant to this section shall be made available to:
     9    (a) the defendant or the defendant's designated agent;
    10    (b) qualified agencies, as defined  in  subdivision  nine  of  section
    11  eight  hundred  thirty-five  of the executive law, and federal and state
    12  law enforcement agencies, when acting within  the  scope  of  their  law
    13  enforcement duties;
    14    (c)  any  state or local officer or agency with responsibility for the
    15  issuance of licenses to possess guns, when the person has made  applica-
    16  tion for such a license;
    17    (d)  any  prospective employer of a police officer or peace officer as
    18  those terms are defined in subdivisions thirty-three and thirty-four  of
    19  section  1.20 of this chapter, in relation to an application for employ-
    20  ment as a police officer or peace officer; provided, however, that every
    21  person who is an applicant for the position of police officer  or  peace
    22  officer  shall  be  furnished  with a copy of all records obtained under
    23  this paragraph and afforded an opportunity to make an explanation there-
    24  to; or
    25    (e) the criminal justice information services division of the  federal
    26  bureau  of  investigation,  for the purposes of responding to queries to
    27  the national instant criminal background check system regarding attempts
    28  to purchase or otherwise take possession of firearms, as defined  in  18
    29  USC 921 (a) (3).
    30    10.  If,  within  ten years following the entry of the judgment or, if
    31  the defendant was sentenced to a conditional discharge or  a  period  of
    32  probation,  including  a  period of incarceration imposed in conjunction
    33  with a sentence of probation or conditional discharge, the completion of
    34  the defendant's term of probation or conditional discharge,  or  if  the
    35  defendant  was  sentenced to incarceration, the defendant's release from
    36  incarceration, the person who is the  subject  of  such  records  sealed
    37  pursuant  to  this  section is arrested for or formally charged with any
    38  misdemeanor or felony offense, such records shall be unsealed immediate-
    39  ly and remain unsealed; provided, however, that if such new  misdemeanor
    40  or  felony  arrest  results  in a termination in favor of the accused as
    41  defined in subdivision three of section 160.50 of  this  article  or  by
    42  conviction  for a non-criminal offense as described in section 160.55 of
    43  this article, such unsealed records shall be conditionally sealed pursu-
    44  ant to this section.
    45    11. No defendant shall be required or permitted to  waive  eligibility
    46  for  conditional  sealing  pursuant to this section as part of a plea of
    47  guilty, sentence or any agreement related to a conviction for an  eligi-
    48  ble  offense  and  any such waiver shall be deemed void and wholly unen-
    49  forceable.
    50    § 68. Section 180.75 of the criminal procedure law, as added by  chap-
    51  ter  481  of the laws of 1978, paragraph (b) of subdivision 3 as amended
    52  by chapter 920 of the laws of 1982, subdivision 4 as amended by  chapter
    53  264  of  the  laws of 2003, and subdivisions 5 and 6 as added by chapter
    54  411 of the laws of 1979, is amended to read as follows:
    55  § 180.75 Proceedings upon felony complaint; juvenile offender.
        A. 4876                            53
 
     1    1. When the youth part of a superior court is not  in  session  and  a
     2  juvenile  offender is arraigned before [a local criminal court] the most
     3  accessible magistrate  designated  by  the  appellate  division  of  the
     4  supreme  court  in the applicable department to act as a youth part, the
     5  provisions  of  this  section  shall  apply in lieu of the provisions of
     6  sections 180.30, 180.50 and 180.70 of this article.
     7    2. [If] Whether or not the defendant waives a hearing upon the  felony
     8  complaint,  the  court  must  [order  that the defendant be held for the
     9  action of the grand jury of the appropriate superior court with  respect
    10  to the charge or charges contained in the felony complaint] transfer the
    11  action  to the youth part of the superior court.  In such case the court
    12  must promptly transmit to such youth part  of  the  superior  court  the
    13  order,  the  felony  complaint, the supporting depositions and all other
    14  pertinent documents.  Until such papers are received by the  youth  part
    15  of  the  superior court, the action is deemed to be still pending in the
    16  [local criminal court] court designated by the appellate division of the
    17  supreme court in the applicable department to act as a youth part.
    18    3. If there be a hearing, then at the conclusion of the  hearing,  the
    19  court must dispose of the felony complaint as follows:
    20    (a) If there is reasonable cause to believe that the defendant commit-
    21  ted  a  crime  for which a person under the age of [sixteen] eighteen is
    22  criminally responsible, the court must order that the defendant be  held
    23  for the action of a grand jury of the appropriate superior court; or
    24    (b)  If  there  is  not reasonable cause to believe that the defendant
    25  committed a crime for which a person under the age  of  [sixteen]  eigh-
    26  teen, is criminally responsible but there is reasonable cause to believe
    27  that  the defendant is a "juvenile delinquent" as defined in subdivision
    28  one of section 301.2 of the family court act, the court must specify the
    29  act or acts it found reasonable cause to believe the defendant  did  and
    30  direct that the action be removed to the family court in accordance with
    31  the provisions of article seven hundred twenty-five of this chapter; or
    32    (c)  If  there  is  not reasonable cause to believe that the defendant
    33  committed any criminal act, the court must dismiss the felony  complaint
    34  and  discharge  the defendant from custody if he is in custody, or if he
    35  is at liberty on bail, it must exonerate the bail.
    36    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    37  this  section, [a local criminal] the court shall, at the request of the
    38  district attorney, order removal of an action against a juvenile  offen-
    39  der  to  the  family  court  pursuant to the provisions of article seven
    40  hundred twenty-five of this chapter if, upon consideration of the crite-
    41  ria specified in subdivision two of section 210.43 of this  chapter,  it
    42  is  determined  that  to  do  so  would  be in the interests of justice.
    43  Where, however, the felony complaint charges the juvenile offender  with
    44  murder  in  the  second degree as defined in section 125.25 of the penal
    45  law, rape in the first degree as defined in subdivision one  of  section
    46  130.35  of  the  penal  law,  criminal sexual act in the first degree as
    47  defined in subdivision one of section 130.50 of the  penal  law,  or  an
    48  armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
    49  section 1.20 of this  chapter,  a  determination  that  such  action  be
    50  removed  to the family court shall, in addition, be based upon a finding
    51  of one or more of the following factors:  (i)  mitigating  circumstances
    52  that  bear directly upon the manner in which the crime was committed; or
    53  (ii) where the defendant was not the sole participant in the crime,  the
    54  defendant's  participation was relatively minor although not so minor as
    55  to constitute a defense to the prosecution; or (iii) possible  deficien-
    56  cies in proof of the crime.
        A. 4876                            54
 
     1    5.  Notwithstanding the provisions of subdivision two, three, or four,
     2  if a currently undetermined felony complaint against a juvenile offender
     3  is pending [in a local criminal court], and the defendant has not waived
     4  a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
     5  sion  three  has not commenced, the defendant may move in the youth part
     6  of the superior court which would exercise the trial jurisdiction of the
     7  offense or offenses charged were an indictment therefor  to  result,  to
     8  remove  the action to family court. The procedural rules of subdivisions
     9  one and two of section 210.45 of this chapter are applicable to a motion
    10  pursuant to this subdivision. Upon such  motion,  the  [superior]  court
    11  [shall  be  authorized  to sit as a local criminal court to exercise the
    12  preliminary jurisdiction specified in subdivisions two and three of this
    13  section, and] shall proceed and determine  the  motion  as  provided  in
    14  section  210.43  of  this chapter; provided, however, that the exception
    15  provisions of paragraph (b) of subdivision one of  such  section  210.43
    16  shall  not  apply when there is not reasonable cause to believe that the
    17  juvenile offender committed one or more of the crimes enumerated  there-
    18  in,  and  in  such  event  the provisions of paragraph (a) thereof shall
    19  apply.
    20    6. (a) If the court orders removal of the action to family  court,  it
    21  shall  state on the record the factor or factors upon which its determi-
    22  nation is based, and the court shall give its  reasons  for  removal  in
    23  detail and not in conclusory terms.
    24    (b)  the district attorney shall state upon the record the reasons for
    25  his consent to removal of the action to  the  family  court  where  such
    26  consent  is  required.  The reasons shall be stated in detail and not in
    27  conclusory terms.
    28    (c) For the purpose of making a determination pursuant to  subdivision
    29  four or five, the court may make such inquiry as it deems necessary. Any
    30  evidence  which  is  not  legally  privileged  may be introduced. If the
    31  defendant testifies, his testimony may not be introduced against him  in
    32  any  future  proceeding,  except to impeach his testimony at such future
    33  proceeding as inconsistent prior testimony.
    34    (d) Where a motion for removal by the defendant pursuant  to  subdivi-
    35  sion five has been denied, no further motion pursuant to this section or
    36  section 210.43 of this chapter may be made by the juvenile offender with
    37  respect to the same offense or offenses.
    38    (e)  Except  as  provided  by paragraph (f), this section shall not be
    39  construed to limit the powers of the grand jury.
    40    (f) Where a motion by the defendant pursuant to subdivision  five  has
    41  been granted, there shall be no further proceedings against the juvenile
    42  offender  in  any  local  or superior criminal court including the youth
    43  part of the superior court for the offense or offenses  which  were  the
    44  subject of the removal order.
    45    § 68-a. The opening paragraph of section 180.80 of the criminal proce-
    46  dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
    47  read as follows:
    48    Upon application of a defendant against whom a  felony  complaint  has
    49  been  filed  with a local criminal court or the youth part of a superior
    50  court, and who, since the time of his arrest or subsequent thereto,  has
    51  been  held  in custody pending disposition of such felony complaint, and
    52  who has been confined in such custody for a  period  of  more  than  one
    53  hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
    54  holiday occurs during such custody, one hundred forty-four hours,  with-
    55  out  either  a  disposition of the felony complaint or commencement of a
        A. 4876                            55
 
     1  hearing thereon, the [local criminal] court must release him on his  own
     2  recognizance unless:
     3    §  69.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
     4  procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
     5  2007,  subdivision  (b) as added by chapter 481 of the laws of 1978, are
     6  amended to read as follows:
     7    (a) Except as provided in subdivision six of section  200.20  of  this
     8  chapter,  a grand jury may not indict (i) a person thirteen years of age
     9  for any conduct or crime other than conduct constituting a crime defined
    10  in subdivisions one and two of section  125.25  (murder  in  the  second
    11  degree) or such conduct as a sexually motivated felony, where authorized
    12  pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
    13  [or], fifteen, sixteen or seventeen years of  age  for  any  conduct  or
    14  crime  other  than  conduct constituting a crime defined in subdivisions
    15  one and two of section 125.25 (murder  in  the  second  degree)  and  in
    16  subdivision three of such section provided that the underlying crime for
    17  the  murder  charge is one for which such person is criminally responsi-
    18  ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
    19  degree); subdivisions one and two of  section  120.10  (assault  in  the
    20  first  degree);  125.20 (manslaughter in the first degree); subdivisions
    21  one and two of section 130.35 (rape in the first  degree);  subdivisions
    22  one and two of section 130.50 (criminal sexual act in the first degree);
    23  130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
    24  in the first degree); subdivision one of section 140.25 (burglary in the
    25  second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
    26  the  first  degree);  subdivision  two of section 160.10 (robbery in the
    27  second degree) of the penal law; subdivision four of section  265.02  of
    28  the  penal  law,  where  such firearm is possessed on school grounds, as
    29  that phrase is defined in subdivision fourteen of section 220.00 of  the
    30  penal law; or section 265.03 of the penal law, where such machine gun or
    31  such  firearm  is possessed on school grounds, as that phrase is defined
    32  in subdivision fourteen of section 220.00 of the penal law;  or  defined
    33  in  the penal law as an attempt to commit murder in the second degree or
    34  kidnapping in the first degree, or such conduct as a sexually  motivated
    35  felony,  where  authorized  pursuant to section 130.91 of the penal law;
    36  and (iii) a person sixteen or  seventeen  years  of  age  is  criminally
    37  responsible  for  acts constituting the crimes defined in section 460.22
    38  (aggravated enterprise corruption); 490.25 (crime of terrorism);  490.45
    39  (criminal  possession  of  a chemical weapon or biological weapon in the
    40  first degree); 490.50 (criminal use of a chemical weapon  or  biological
    41  weapon  in the second degree); 490.55 (criminal use of a chemical weapon
    42  or biological weapon in the first degree);  120.11  (aggravated  assault
    43  upon   a   police  officer  or  a  peace  officer);  125.22  (aggravated
    44  manslaughter in the first degree);  215.17  (intimidating  a  victim  or
    45  witness);  265.04 (criminal possession of a weapon in the first degree);
    46  265.09 (criminal use of a firearm in the first degree); 265.13 (criminal
    47  sale of a firearm in the first degree); 490.35 (hindering prosecution of
    48  terrorism in the first degree); 490.40 (criminal possession of a  chemi-
    49  cal  weapon or biological weapon in the second degree); 490.47 (criminal
    50  use of a chemical weapon or biological  weapon  in  the  third  degree);
    51  121.13  (strangulation in the first degree); 490.37 (criminal possession
    52  of a chemical weapon or biological weapon in the third degree)  of  this
    53  chapter; or a felony sex offense as defined in paragraph (a) of subdivi-
    54  sion one of section 70.80 of this chapter.
    55    (b)  A grand jury may vote to file a request to remove a charge to the
    56  family court if it finds that a person [thirteen, fourteen  or  fifteen]
        A. 4876                            56
 
     1  seventeen  years of age or younger did an act which, if done by a person
     2  over the age of [sixteen] eighteen, would constitute  a  crime  provided
     3  (1)  such act is one for which it may not indict; (2) it does not indict
     4  such  person  for  a  crime;  and  (3) the evidence before it is legally
     5  sufficient to establish that such person did such act and competent  and
     6  admissible  evidence before it provides reasonable cause to believe that
     7  such person did such act.
     8    § 70. Subdivision 6 of section 200.20 of the criminal  procedure  law,
     9  as  added  by  chapter  136  of  the laws of 1980, is amended to read as
    10  follows:
    11    6. Where an indictment charges at least one offense against a  defend-
    12  ant  who  was  under  the  age  of [sixteen] eighteen at the time of the
    13  commission of the crime and who did not lack criminal responsibility for
    14  such crime by reason of infancy, the indictment may, in addition, charge
    15  in separate counts one or more other  offenses  for  which  such  person
    16  would not have been criminally responsible by reason of infancy, if:
    17    (a)  the offense for which the defendant is criminally responsible and
    18  the one or more other offenses for which he or she would not  have  been
    19  criminally  responsible by reason of infancy are based upon the same act
    20  or upon the same criminal transaction, as that term is defined in subdi-
    21  vision two of section 40.10 of this chapter; or
    22    (b) the offenses are of such nature that either  proof  of  the  first
    23  offense  would  be  material  and admissible as evidence in chief upon a
    24  trial of the second, or proof of the second would be material and admis-
    25  sible as evidence in chief upon a trial of the first.
    26    § 71. Subdivision 1 of section 210.43 of the criminal  procedure  law,
    27  as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
    28  chapter 264 of the laws of 2003, is amended to read as follows:
    29    1. After a motion by a juvenile offender, pursuant to subdivision five
    30  of  section  180.75  of this chapter, or after arraignment of a juvenile
    31  offender upon an indictment, the youth part of a superior court may,  on
    32  motion of any party or on its own motion:
    33    (a)  except  as  otherwise  provided by paragraph (b) of this section,
    34  order removal of  the  action  to  the  family  court  pursuant  to  the
    35  provisions  of  article  seven  hundred twenty-five of this chapter, if,
    36  after consideration of the factors set forth in subdivision two of  this
    37  section, the court determines that to do so would be in the interests of
    38  justice. Provided, however, that a youth part shall be required to order
    39  removal  of  an action against a juvenile offender accused of robbery in
    40  the second degree as defined in subdivision two  of  section  160.10  of
    41  this part, unless the district attorney proves by a preponderance of the
    42  evidence that the youth played a primary role in commission of the crime
    43  or  that  aggravating circumstances set forth in the memorandum in oppo-
    44  sition submitted by the district attorney  that  bear  directly  on  the
    45  manner in which the crime was committed are present; or
    46    (b)  [with  the  consent] after consideration of the recommendation of
    47  the district attorney, order removal of an action involving  an  indict-
    48  ment  charging  a  juvenile offender with murder in the second degree as
    49  defined in section 125.25 of the penal law; rape in the first degree, as
    50  defined in subdivision one of section 130.35 of the penal law;  criminal
    51  sexual act in the first degree, as defined in subdivision one of section
    52  130.50  of the penal law; or an armed felony as defined in paragraph (a)
    53  of subdivision forty-one of section 1.20, to the family  court  pursuant
    54  to  the  provisions of article seven hundred twenty-five of this chapter
    55  if the court finds one or more of the following factors: (i)  mitigating
    56  circumstances  that bear directly upon the manner in which the crime was
        A. 4876                            57
 
     1  committed; (ii) where the defendant was not the sole participant in  the
     2  crime,  the  defendant's participation was relatively minor although not
     3  so minor as to constitute a defense to the prosecution; or (iii)  possi-
     4  ble  deficiencies in the proof of the crime, and, after consideration of
     5  the factors set forth in subdivision two  of  this  section,  the  court
     6  determined  that  removal  of the action to the family court would be in
     7  the interests of justice.
     8    § 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
     9  procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
    10  graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
    11  undesignated paragraph as amended by chapter 920 of the laws of 1982 and
    12  the closing paragraph as amended by chapter 411 of the laws of 1979,  is
    13  amended to read as follows:
    14    (g)  Where  the  defendant  is  a juvenile offender, the provisions of
    15  paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
    16  any plea entered pursuant to subdivision three or four of this  section,
    17  must be as follows:
    18    (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
    19  sixteen, or seventeen years old with the crime of murder in  the  second
    20  degree  any plea of guilty entered pursuant to subdivision three or four
    21  must be a plea of guilty of a crime for which the defendant is criminal-
    22  ly responsible;
    23    (ii) If the indictment does not charge a crime specified  in  subpara-
    24  graph (i) of this paragraph, then any plea of guilty entered pursuant to
    25  subdivision  three or four of this section must be a plea of guilty of a
    26  crime for which the defendant is criminally responsible unless a plea of
    27  guilty is accepted pursuant to subparagraph (iii) of this paragraph;
    28    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    29  subparagraph  (i) of this paragraph, the district attorney may recommend
    30  removal of the action to the family court. Upon making such  recommenda-
    31  tion  the  district  attorney [shall] may submit a subscribed memorandum
    32  setting forth: (1) a recommendation that the interests of justice  would
    33  best  be served by removal of the action to the family court; and (2) if
    34  the indictment charges a thirteen year old with the crime of  murder  in
    35  the  second  degree,  or  a fourteen [or], fifteen, sixteen or seventeen
    36  year old with the crimes of rape in  the  first  degree  as  defined  in
    37  subdivision  one  of section 130.35 of the penal law, or criminal sexual
    38  act in the first degree as defined in subdivision one of section  130.50
    39  of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
    40  subdivision forty-one of section 1.20 of this chapter specific  factors,
    41  one  or  more  of which reasonably supports the recommendation, showing,
    42  (i) mitigating circumstances that bear directly upon the manner in which
    43  the crime was committed, or (ii) where the defendant was  not  the  sole
    44  participant  in  the crime, that the defendant's participation was rela-
    45  tively minor although not so minor as to constitute  a  defense  to  the
    46  prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
    47  (iv) where the juvenile offender has no previous adjudications of having
    48  committed a designated felony act, as defined in  subdivision  eight  of
    49  section  301.2  of  the  family  court act, regardless of the age of the
    50  offender at the time of commission of the act, that the criminal act was
    51  not part of a pattern of criminal behavior and, in view of  the  history
    52  of the offender, is not likely to be repeated.
    53    If  the court is of the opinion based on specific factors set forth in
    54  [the district attorney's memorandum] this subparagraph that  the  inter-
    55  ests  of  justice  would  best be served by removal of the action to the
    56  family court, a plea of guilty of a crime or act for which the defendant
        A. 4876                            58

     1  is not criminally responsible may be  entered  pursuant  to  subdivision
     2  three  or  four of this section, except that a thirteen year old charged
     3  with the crime of murder in the second degree may only plead to a desig-
     4  nated  felony  act,  as defined in subdivision eight of section 301.2 of
     5  the family court act.
     6    Upon accepting any such plea, the court must specify upon  the  record
     7  the  portion  or portions of the district attorney's statement the court
     8  is relying upon as the basis of its opinion and  that  it  believes  the
     9  interests  of  justice would best be served by removal of the proceeding
    10  to the family court. Such plea shall then be deemed  to  be  a  juvenile
    11  delinquency  fact  determination  and  the court upon entry thereof must
    12  direct that the action be removed to the family court in accordance with
    13  the provisions of article seven hundred twenty-five of this chapter.
    14    § 72-a. Section 330.25 of the criminal  procedure  law,  as  added  by
    15  chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
    16  920 of the laws of 1982, is amended to read as follows:
    17  § 330.25 Removal after verdict.
    18    1.  Where  a  defendant  is  a  juvenile  offender  who does not stand
    19  convicted of murder in the second  degree,  upon  motion  and  with  the
    20  consent of the district attorney, the action may be removed to the fami-
    21  ly  court  in the interests of justice pursuant to article seven hundred
    22  twenty-five of this chapter notwithstanding the verdict.
    23    2. If the district attorney consents to the motion for removal  pursu-
    24  ant  to  this  section,  [he shall file a subscribed memorandum with the
    25  court setting forth (1) a recommendation that] the court, in determining
    26  the motion, shall consider:  (1) whether the interests of justice  would
    27  best  be served by removal of the action to the family court; and (2) if
    28  the conviction is of an offense set forth in paragraph (b)  of  subdivi-
    29  sion  one  of  section  210.43 of this chapter, whether specific factors
    30  exist, one or more of which reasonably [support] supports the [recommen-
    31  dation] motion, showing, (i) mitigating circumstances that bear directly
    32  upon the manner in which the crime was  committed,  or  (ii)  where  the
    33  defendant  was  not  the sole participant in the crime, that the defend-
    34  ant's participation was relatively minor although not  so  minor  as  to
    35  constitute  a defense to prosecution, or (iii) where the juvenile offen-
    36  der has no previous adjudications of having committed a designated felo-
    37  ny act, as defined in subdivision eight of section 301.2 of  the  family
    38  court  act, regardless of the age of the offender at the time of commis-
    39  sion of the act, that the criminal act was not  part  of  a  pattern  of
    40  criminal  behavior  and,  in view of the history of the offender, is not
    41  likely to be repeated.
    42    3. If the court is of the opinion, based  upon  the  specific  factors
    43  [set  forth  in  the district attorney's memorandum] shown to the court,
    44  that the interests of justice would best be served  by  removal  of  the
    45  action to the family court, the verdict shall be set aside and a plea of
    46  guilty  of  a  crime  or  act  for which the defendant is not criminally
    47  responsible may be entered pursuant to  subdivision  three  or  four  of
    48  section  220.10 of this chapter. Upon accepting any such plea, the court
    49  must specify upon the record the [portion or portions  of  the  district
    50  attorney's  statement] factors the court is relying upon as the basis of
    51  its opinion and that it believes the interests of justice would best  be
    52  served  by  removal  of  the  proceeding to the family court.  Such plea
    53  shall then be deemed to be a juvenile delinquency fact determination and
    54  the court upon entry thereof must direct that the action be  removed  to
    55  the  family  court  in  accordance  with the provisions of article seven
    56  hundred twenty-five of this chapter.
        A. 4876                            59
 
     1    § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
     2  as amended by chapter 652 of the laws of 2008, is  amended  to  read  as
     3  follows:
     4    2.  Warrant.  (a)  Where  the  probation  officer has requested that a
     5  probation warrant be issued, the court shall, within  seventy-two  hours
     6  of  its  receipt  of  the request, issue or deny the warrant or take any
     7  other lawful action including issuance of a notice to appear pursuant to
     8  subdivision one of this section. If at any time during the period  of  a
     9  sentence  of probation or of conditional discharge the court has reason-
    10  able grounds to believe that the defendant has violated a  condition  of
    11  the sentence, the court may issue a warrant to a police officer or to an
    12  appropriate  peace  officer  directing  him or her to take the defendant
    13  into custody and bring the defendant before the court  without  unneces-
    14  sary  delay;  provided,  however,  if  the court in which the warrant is
    15  returnable is a superior court, and such court is not available, and the
    16  warrant is addressed to a police officer or appropriate probation  offi-
    17  cer  certified  as  a  peace  officer, such executing officer may unless
    18  otherwise specified under paragraph  (b)  of  this  section,  bring  the
    19  defendant to the local correctional facility of the county in which such
    20  court  sits,  to be detained there until not later than the commencement
    21  of the next session of such court occurring on the next business day; or
    22  if the court in which the warrant is  returnable  is  a  local  criminal
    23  court,  and such court is not available, and the warrant is addressed to
    24  a police officer or appropriate probation officer certified as  a  peace
    25  officer, such executing officer must without unnecessary delay bring the
    26  defendant  before  an  alternate  local  criminal  court, as provided in
    27  subdivision five of section 120.90 of this chapter. A court which issues
    28  such a warrant may attach  thereto  a  summary  of  the  basis  for  the
    29  warrant.  In  any  case  where  a defendant arrested upon the warrant is
    30  brought before a local criminal court other than the court in which  the
    31  warrant  is  returnable,  such  local criminal court shall consider such
    32  summary before issuing a securing order with respect to the defendant.
    33    (b) If the court in which the warrant  is  returnable  is  a  superior
    34  court,  and  such  court  and  its  youth part is not available, and the
    35  warrant is addressed to a police officer or appropriate probation  offi-
    36  cer  certified as a peace officer, such executing officer shall, where a
    37  defendant is seventeen years of age or younger who allegedly commits  an
    38  offense  or a violation of his or her probation or conditional discharge
    39  imposed for an offense, bring the  defendant  to  a  juvenile  detention
    40  facility,  to  be detained there until brought without unnecessary delay
    41  before the most accessible magistrate designated by the appellate  divi-
    42  sion of the supreme court in the applicable department to act as a youth
    43  part.
    44    §  73.  Section  410.60  of  the criminal procedure law, as amended by
    45  chapter 652 of the laws of 2008, is amended to read as follows:
    46  § 410.60 Appearance before court.
    47    (a) A person who has been  taken  into  custody  pursuant  to  section
    48  410.40 or section 410.50 of this article for violation of a condition of
    49  a  sentence  of  probation  or  a sentence of conditional discharge must
    50  forthwith be brought before the court that imposed the sentence. Where a
    51  violation of probation petition and report has been filed and the person
    52  has not been taken into custody  nor  has  a  warrant  been  issued,  an
    53  initial  court  appearance  shall  occur within ten business days of the
    54  court's issuance of a notice to appear.  If  the  court  has  reasonable
    55  cause  to  believe  that  such  person  has  violated a condition of the
    56  sentence, it may commit him or her to the custody of the sheriff or  fix
        A. 4876                            60
 
     1  bail  or  release  such person on his or her own recognizance for future
     2  appearance at a hearing to be held in accordance with section 410.70  of
     3  this  article.  If  the  court does not have reasonable cause to believe
     4  that  such  person  has  violated  a  condition of the sentence, it must
     5  direct that he or she be released.
     6    (b) A juvenile offender who has been taken into  custody  pursuant  to
     7  section  410.40  or  section  410.50  of this article for violation of a
     8  condition of a sentence  of  probation  or  a  sentence  of  conditional
     9  discharge  must  forthwith  be brought before the court that imposed the
    10  sentence.  Where a violation of probation petition and report  has  been
    11  filed  and  the person has not been taken into custody nor has a warrant
    12  been issued, an initial court appearance shall occur within ten business
    13  days of the court's issuance of a notice to appear.  If  the  court  has
    14  reasonable cause to believe that such person has violated a condition of
    15  the  sentence, it may commit him or her to the custody of the sheriff or
    16  in the case of a juvenile offender less than eighteen years  of  age  to
    17  the  custody  of the office of children and family services, or fix bail
    18  or release such person on his or her own recognizance for future appear-
    19  ance at a hearing to be held in accordance with section 410.70  of  this
    20  article. Provided, however, nothing herein shall authorize a juvenile to
    21  be  detained  for a violation of a condition that would not constitute a
    22  crime if committed by an adult unless the court determines (i) that  the
    23  juvenile  poses  a  specific imminent threat to public safety and states
    24  the reasons for the finding on the record or (ii) the use  of  graduated
    25  sanctions has been exhausted without success. If the court does not have
    26  reasonable cause to believe that such person has violated a condition of
    27  the sentence, it must direct that the juvenile be released.
    28    §  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
    29  as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
    30  follows:
    31    5.  Revocation;  modification;  continuation. (a) At the conclusion of
    32  the hearing the court may revoke, continue or  modify  the  sentence  of
    33  probation   or  conditional  discharge.  Where  the  court  revokes  the
    34  sentence, it must impose sentence as specified in subdivisions three and
    35  four of section 60.01 of the penal law. Where  the  court  continues  or
    36  modifies the sentence, it must vacate the declaration of delinquency and
    37  direct  that  the  defendant  be  released.  If the alleged violation is
    38  sustained and the court continues  or  modifies  the  sentence,  it  may
    39  extend the sentence up to the period of interruption specified in subdi-
    40  vision  two  of  section  65.15  of the penal law, but any time spent in
    41  custody in any correctional institution or juvenile  detention  facility
    42  pursuant  to  section 410.40 or 410.60 of this article shall be credited
    43  against the term of the sentence.  Provided further, where  the  alleged
    44  violation is sustained and the court continues or modifies the sentence,
    45  the  court  may  also extend the remaining period of probation up to the
    46  maximum term authorized by section 65.00 of  the  penal  law.  Provided,
    47  however,  a  defendant shall receive credit for the time during which he
    48  or she was supervised under the original probation sentence prior to any
    49  declaration of delinquency and for any time spent in custody pursuant to
    50  this article for an alleged violation of probation.
    51    (b) Notwithstanding paragraph (a) of this subdivision, nothing  herein
    52  shall  authorize the placement of a juvenile for a violation of a condi-
    53  tion that would not constitute a crime if committed by an  adult  unless
    54  the  court  determines  (i)  that the juvenile poses a specific imminent
    55  threat to public safety and states the reasons for the  finding  on  the
        A. 4876                            61
 
     1  record or (ii) the use of graduated sanctions has been exhausted without
     2  success.
     3    §  75.  The  criminal procedure law is amended by adding a new section
     4  410.90-a to read as follows:
     5  § 410.90-a Superior court; youth part.
     6    Notwithstanding any other provisions of this article, all  proceedings
     7  relating  to a juvenile offender shall be heard in the youth part of the
     8  superior court having jurisdiction and any  intrastate  transfers  under
     9  this article shall be between courts designated as a youth part pursuant
    10  to article seven hundred twenty-two of this chapter.
    11    §  76.  Section  510.15  of  the criminal procedure law, as amended by
    12  chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
    13  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
    14  as follows:
    15  § 510.15 Commitment of principal under [sixteen] eighteen.
    16    1.  When  a  principal  who is under the age of [sixteen] eighteen, is
    17  committed to the custody of the sheriff the court must direct  that  the
    18  principal  be  taken  to  and  lodged  in a place certified by the state
    19  [division for youth] office of children and family services as  a  juve-
    20  nile  detention  facility  for  the reception of children.  Where such a
    21  direction is made the sheriff shall deliver the principal in  accordance
    22  therewith and such person shall although lodged and cared for in a juve-
    23  nile  detention  facility  continue to be deemed to be in the custody of
    24  the sheriff.  No principal under the age [of sixteen] specified to  whom
    25  the  provisions of this section may apply shall be detained in any pris-
    26  on, jail, lockup, or other place used for adults convicted of a crime or
    27  under arrest and charged with the commission  of  a  crime  without  the
    28  approval of the [state division for youth] office of children and family
    29  services  in the case of each principal and the statement of its reasons
    30  therefor.  The sheriff shall not be liable for any acts done  to  or  by
    31  such  principal  resulting  from negligence in the detention of and care
    32  for such principal, when the principal is not in the actual  custody  of
    33  the sheriff.
    34    2.  Except  upon  consent of the defendant or for good cause shown, in
    35  any case in which a new securing order is issued for a principal  previ-
    36  ously  committed to the custody of the sheriff pursuant to this section,
    37  such order shall further direct the sheriff  to  deliver  the  principal
    38  from  a  juvenile detention facility to the person or place specified in
    39  the order.
    40    § 77. Subdivision 1 of section 720.10 of the criminal  procedure  law,
    41  as  amended  by  chapter  411 of the laws of 1979, is amended to read as
    42  follows:
    43    1. "Youth" means a person charged with a crime alleged  to  have  been
    44  committed  when  he  was at least sixteen years old and less than [nine-
    45  teen] twenty-one years old or a person charged  with  being  a  juvenile
    46  offender  as  defined  in  subdivision forty-two of section 1.20 of this
    47  chapter.
    48    § 78. Subdivision 3 of section 720.15 of the criminal  procedure  law,
    49  as  amended  by  chapter  774 of the laws of 1985, is amended to read as
    50  follows:
    51    3. The provisions of subdivisions one and two of this section  requir-
    52  ing or authorizing the accusatory instrument filed against a youth to be
    53  sealed,  and  the  arraignment  and  all proceedings in the action to be
    54  conducted in private shall not apply in connection with a pending charge
    55  of committing any [felony] sex offense as defined in the penal law. [The
    56  provisions of subdivision one requiring the accusatory instrument  filed
        A. 4876                            62

     1  against a youth to be sealed shall not apply where such youth has previ-
     2  ously been adjudicated a youthful offender or convicted of a crime.]
     3    §  79.  Subdivision 1 of section 720.20 of the criminal procedure law,
     4  as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
     5  follows:
     6    1.  Upon  conviction of an eligible youth, the court must order a pre-
     7  sentence investigation of the defendant.  After  receipt  of  a  written
     8  report  of the investigation and at the time of pronouncing sentence the
     9  court must determine whether or not the eligible  youth  is  a  youthful
    10  offender.  Such  determination shall be in accordance with the following
    11  criteria:
    12    (a) If in the opinion of the court the interest of  justice  would  be
    13  served  by  relieving  the  eligible  youth  from the onus of a criminal
    14  record and by not imposing an indeterminate term of imprisonment of more
    15  than four years, the court may, in its  discretion,  find  the  eligible
    16  youth is a youthful offender; [and]
    17    (b)  Where  the  conviction  is  had in a local criminal court and the
    18  eligible youth had not prior to commencement of trial or entry of a plea
    19  of guilty been convicted of a crime or found a  youthful  offender,  the
    20  court must find he is a youthful offender[.]; and
    21    (c)  There shall be a presumption to grant youthful offender status to
    22  an eligible youth, unless the district attorney  upon  motion  with  not
    23  less than seven days notice to such person or his or her attorney demon-
    24  strates  to  the satisfaction of the court that the interests of justice
    25  require otherwise.
    26    § 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
    27  as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
    28  follows:
    29    1.  [A  youthful]  Youthful offender adjudication is not a judgment of
    30  conviction for a crime or any other offense, and does not operate  as  a
    31  disqualification  of  any  person  so  adjudged to hold public office or
    32  public employment or to receive any license granted by public  authority
    33  but  shall  be  deemed a conviction only for the purposes of transfer of
    34  supervision and custody pursuant to section [two  hundred  fifty-nine-m]
    35  two  hundred  fifty-nine-mm of the executive law. A defendant for whom a
    36  youthful offender  adjudication  was  substituted,  who  was  originally
    37  charged  with prostitution as defined in section 230.00 of the penal law
    38  or loitering for the purposes of prostitution as defined in  subdivision
    39  two of section 240.37 of the penal law provided that the person does not
    40  stand  charged  with  loitering for the purpose of patronizing a prosti-
    41  tute, for an offense allegedly committed when he or she was  sixteen  or
    42  seventeen  years of age, shall be deemed a "sexually exploited child" as
    43  defined in subdivision one of section four hundred forty-seven-a of  the
    44  social  services  law and therefore shall not be considered an adult for
    45  purposes related to the charges in the youthful offender proceeding or a
    46  proceeding under section 170.80 of this chapter.
    47    § 80. The criminal procedure law is amended by adding  a  new  article
    48  722 to read as follows:
    49                                 ARTICLE 722
    50       PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
    51                         PART AND RELATED PROCEDURES
    52  Section 722.00 Probation case planning and services.
    53          722.10 Youth part of the superior court established.
    54          722.20 Proceedings in a youth part of superior court.
    55  § 722.00 Probation case planning and services.
        A. 4876                            63
 
     1    1.  Every  probation department shall conduct a risk and needs assess-
     2  ment of any juvenile following arraignment by a youth  part  within  its
     3  jurisdiction.  The  court shall order any such juvenile to report within
     4  seven calendar days to the probation department for purposes of  assess-
     5  ment.  Such  juvenile  shall  have the right to have an attorney present
     6  throughout the assessment process. Based upon the  assessment  findings,
     7  the  probation department shall refer the juvenile to available special-
     8  ized and evidence-based services to mitigate any risks identified and to
     9  address individual needs.
    10    2. Any juvenile agreeing to undergo services shall execute appropriate
    11  and necessary consent  forms,  where  applicable,  to  ensure  that  the
    12  probation  department  may  communicate  with  any  service provider and
    13  receive progress reports with respect to services offered and/or  deliv-
    14  ered  including,  but  not  limited to, diagnosis, treatment, prognosis,
    15  test results, juvenile attendance  and  information  regarding  juvenile
    16  compliance or noncompliance with program service requirements, if any.
    17    3.  Nothing  shall preclude the probation department and juvenile from
    18  entering into a voluntary written/formal  case  plan  as  to  terms  and
    19  conditions  to  be  met, including, but not limited to, reporting to the
    20  probation department and other probation department contacts, undergoing
    21  alcohol, substance abuse, or mental  health  testing,  participating  in
    22  specific  services, adhering to service program requirements, and school
    23  attendance, where applicable. Such juvenile  shall  have  the  right  to
    24  confer with counsel prior to entering into any such case plan. Following
    25  the  juvenile's  successful  completion  of the conditions of his or her
    26  case plan, the court, with the consent  of  the  district  attorney  may
    27  dismiss  the  indictment or any count thereof in accordance with section
    28  210.40 of this chapter.
    29    4. When preparing a pre-sentence  investigation  report  of  any  such
    30  youth,  the  probation  department  shall  incorporate  a summary of the
    31  assessment findings, any referrals and progress with respect to mitigat-
    32  ing risk and addressing any identified juvenile needs.
    33    5. The probation department shall not transmit or  otherwise  communi-
    34  cate  to  the  district attorney or the youth part any statement made by
    35  the juvenile offender to a probation officer. The  probation  department
    36  may  make  a  recommendation regarding the completion of his or her case
    37  plan to the youth part and provide relevant information.
    38    6. No statement made to an employee or representative of the probation
    39  department may be admitted in evidence prior to conviction on any charge
    40  or charges related thereto or, in the case of a matter proceeding before
    41  the court under the family court act, prior to an adjudication.
    42  § 722.10 Youth part of the superior court established.
    43    1. The chief administrator of the courts is hereby directed to  estab-
    44  lish,  in  a  superior  court in each county of the state that exercises
    45  criminal jurisdiction, a part of court to be known as the youth part  of
    46  the  superior court for the county in which such court presides.  Judges
    47  presiding in the youth part shall receive training in specialized areas,
    48  including, but not limited to, juvenile justice, adolescent  development
    49  and effective treatment methods for reducing crime commission by adoles-
    50  cents.   The  youth  part  shall  have  exclusive  jurisdiction  of  all
    51  proceedings in relation to juvenile offenders,  except  as  provided  in
    52  section 180.75 of this chapter.
    53    2. The chief administrator of the courts shall also direct the presid-
    54  ing  justice  of  the appellate division, in each judicial department of
    55  the state, to designate magistrates to serve as accessible  magistrates,
    56  for  the  purpose  of  acting  as  a  youth  part  for  certain  initial
        A. 4876                            64
 
     1  proceedings involving youths, as provided by law. Magistrates so  desig-
     2  nated shall be superior court judges and judges of other courts, in each
     3  county  of  the  state,  that  exercise  criminal  jurisdiction. A judge
     4  presiding  as  such  a  magistrate shall receive training in specialized
     5  areas, including, but  not  limited  to,  juvenile  justice,  adolescent
     6  development  and  effective treatment methods for reducing crime commis-
     7  sion by adolescents.
     8  § 722.20 Proceedings in a youth part of superior court.
     9    1. When a juvenile offender is arraigned before a youth part or trans-
    10  ferred to a youth part pursuant to section 180.75 of this  chapter,  the
    11  provisions of this article shall apply.
    12    2.  If  an  action  is not removed to the family court pursuant to the
    13  applicable provisions of this chapter, the youth  part  shall  hear  the
    14  case sitting as a criminal court or, in its discretion, when the defend-
    15  ant is sixteen or seventeen years of age the youth part may retain it as
    16  a  juvenile delinquency proceeding for all purposes, and shall make such
    17  proceeding fully subject to the provisions and grant any  relief  avail-
    18  able  under  article  three of the family court act.  Provided, however,
    19  that the provisions of paragraph  (b)  of  subdivision  one  of  section
    20  210.43 of this chapter shall apply to any action involving an indictment
    21  charging  a  juvenile offender with any of the crimes enumerated in such
    22  paragraph.
    23    § 81. The opening paragraph of section 725.05 of the  criminal  proce-
    24  dure  law,  as  added  by chapter 481 of the laws of 1978, is amended to
    25  read as follows:
    26    When a [court] youth part directs that an action or charge  is  to  be
    27  removed  to  the family court the [court] youth part must issue an order
    28  of removal in accordance with this section.    Such  order  must  be  as
    29  follows:
    30    §  82. Section 725.20 of the criminal procedure law, as added by chap-
    31  ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by  chapter
    32  411 of the laws of 1979, is amended to read as follows:
    33  § 725.20 Record of certain actions removed.
    34    1.    The  provisions of this section shall apply in any case where an
    35  order of removal to the family court is entered pursuant to a  direction
    36  authorized  by subdivision four of section 180.75, or section 210.43, or
    37  subparagraph (iii) of paragraph [(h)] (g) of subdivision five of section
    38  220.10 of this chapter, or section 330.25 of this chapter.
    39    2.  When such an action is removed the court that directed the removal
    40  must cause the following additional records to be filed with  the  clerk
    41  of  the  county  court  or in the city of New York with the clerk of the
    42  supreme court of the county wherein the action was pending and with  the
    43  division of criminal justice services:
    44    (a) A certified copy of the order of removal;
    45    (b)  Where  the  direction  is  one  authorized by subdivision four of
    46  section 180.75 of this chapter, a copy of [the]  any  statement  of  the
    47  district  attorney  made pursuant to paragraph (b) of subdivision six of
    48  section 180.75 of this chapter;
    49    (c)  Where the direction is authorized by section 180.75,  a  copy  of
    50  the  portion of the minutes containing the statement by the court pursu-
    51  ant to paragraph (a) of subdivision six of such section 180.75;
    52    (d) Where the direction is one authorized  by  subparagraph  (iii)  of
    53  paragraph  [(h)]  (g)  of  subdivision five of section 220.10 or section
    54  330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
    55  including the minutes of the memorandum submitted by the district attor-
    56  ney and the court;
        A. 4876                            65
 
     1    (e)    Where  the  direction  is  one authorized by subdivision one of
     2  section 210.43 of this chapter, a copy of that portion  of  the  minutes
     3  containing [the] any statement by the court pursuant to paragraph (a) of
     4  subdivision five of section 210.43 of this chapter;
     5    (f)   Where the direction is one authorized by paragraph (b) of subdi-
     6  vision one of section 210.43 of this chapter, a copy of that portion  of
     7  the minutes containing [the] any statement of the district attorney made
     8  pursuant  to paragraph (b) of subdivision five of section 210.43 of this
     9  chapter; and
    10    (g) In addition to the records specified  in  this  subdivision,  such
    11  further  statement or submission of additional information pertaining to
    12  the proceeding in criminal court in  accordance  with  standards  estab-
    13  lished by the commissioner of the division of criminal justice services,
    14  subject to the provisions of subdivision three of this section.
    15    3.  It shall be the duty of said clerk to maintain a separate file for
    16  copies  of  orders  and  minutes filed pursuant to this section.    Upon
    17  receipt of such orders and minutes the clerk must promptly  delete  such
    18  portions  as would identify the defendant, but the clerk shall neverthe-
    19  less maintain a separate confidential system to  enable  correlation  of
    20  the  documents  so  filed  with identification of the defendant.   After
    21  making such deletions the orders and minutes shall be placed within  the
    22  file  and  must be available for public inspection.  Information permit-
    23  ting correlation of any such record with the identity of  any  defendant
    24  shall  not  be  divulged to any person except upon order of a justice of
    25  the supreme court based upon a finding that the public interest  or  the
    26  interests  of  justice  warrant  disclosure  in a particular cause for a
    27  particular case or for a particular purpose or use.
    28    § 83. Subdivision 1 of section 500-a of the correction law is  amended
    29  by adding a new paragraph (h) to read as follows:
    30    (h)  Notwithstanding  any other provision of law, no county jail shall
    31  be used for the confinement of any person under  the  age  of  eighteen.
    32  Placement  of any person who may not be confined to a county jail pursu-
    33  ant to this subdivision shall be determined by the  office  of  children
    34  and family services.
    35    §  84.  Subdivision  4  of  section  500-b  of  the  correction law is
    36  REPEALED.
    37    § 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
    38  500-b of the correction law is REPEALED.
    39    §  86.  Subdivision  13  of  section  500-b  of  the correction law is
    40  REPEALED.
    41    § 87.  Subparagraph 1 of paragraph d of subdivision 3 of section  3214
    42  of  the education law, as amended by chapter 425 of the laws of 2002, is
    43  amended to read as follows:
    44    (1) Consistent with the  federal  gun-free  schools  act,  any  public
    45  school  pupil who is determined under this subdivision to have brought a
    46  firearm to or possessed a firearm at a public school shall be  suspended
    47  for a period of not less than one calendar year and any nonpublic school
    48  pupil  participating  in  a program operated by a public school district
    49  using funds from the elementary and secondary education act of  nineteen
    50  hundred  sixty-five  who  is  determined  under this subdivision to have
    51  brought a firearm to or possessed a firearm at a public school or  other
    52  premises  used  by the school district to provide such programs shall be
    53  suspended for a period of not less than one calendar year  from  partic-
    54  ipation  in such program. The procedures of this subdivision shall apply
    55  to such a suspension of a nonpublic school pupil.  A  superintendent  of
    56  schools,  district superintendent of schools or community superintendent
        A. 4876                            66
 
     1  shall have the authority to modify this suspension requirement for  each
     2  student  on  a case-by-case basis. The determination of a superintendent
     3  shall be subject to review by the board of education pursuant  to  para-
     4  graph  c  of  this  subdivision and the commissioner pursuant to section
     5  three hundred ten of this chapter. Nothing in this subdivision shall  be
     6  deemed  to  authorize  the  suspension of a student with a disability in
     7  violation of the individuals with disabilities education act or  article
     8  eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
     9  under the age of [sixteen] eighteen who  has  been  determined  to  have
    10  brought  a  weapon or firearm to school in violation of this subdivision
    11  to a presentment agency for a juvenile delinquency proceeding consistent
    12  with article three of the family court act except a student [fourteen or
    13  fifteen years of age] who qualifies for juvenile offender  status  under
    14  subdivision  forty-two  of section 1.20 of the criminal procedure law. A
    15  superintendent shall refer any pupil [sixteen] eighteen years of age  or
    16  older  or a student [fourteen or fifteen years of age] who qualifies for
    17  juvenile offender status under subdivision forty-two of section 1.20  of
    18  the  criminal  procedure  law, who has been determined to have brought a
    19  weapon or firearm to school in violation  of  this  subdivision  to  the
    20  appropriate law enforcement officials.
    21    §  87-a. Paragraph d of subdivision 3 of section 3214 of the education
    22  law, as amended by chapter 181 of the laws of 2000, is amended  to  read
    23  as follows:
    24    d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
    25  hundred ninety-four, any public school pupil  who  is  determined  under
    26  this  subdivision  to have brought a weapon to school shall be suspended
    27  for a period of not less than one calendar year and any nonpublic school
    28  pupil participating in a program operated by a  public  school  district
    29  using  funds from the elementary and secondary education act of nineteen
    30  hundred sixty-five who is determined  under  this  subdivision  to  have
    31  brought a weapon to a public school or other premises used by the school
    32  district to provide such programs shall be suspended for a period of not
    33  less  than  one  calendar  year  from participation in such program. The
    34  procedures of this subdivision shall apply to such  a  suspension  of  a
    35  nonpublic  school  pupil.  A  superintendent of schools, district super-
    36  intendent of schools or community superintendent shall have the authori-
    37  ty to modify this suspension requirement for each student on a  case-by-
    38  case  basis.  The  determination of a superintendent shall be subject to
    39  review by the board of education pursuant to paragraph c of this  subdi-
    40  vision  and  the  commissioner  pursuant to section three hundred ten of
    41  this chapter. Nothing in this subdivision shall be deemed  to  authorize
    42  the  suspension of a student with a disability in violation of the indi-
    43  viduals with disabilities education act or article eighty-nine  of  this
    44  chapter.  A  superintendent  shall  refer  the  pupil  under  the age of
    45  [sixteen] eighteen who has been determined to have brought a  weapon  to
    46  school  in  violation  of this subdivision to a presentment agency for a
    47  juvenile delinquency proceeding consistent with  article  three  of  the
    48  family court act except a student [fourteen or fifteen years of age] who
    49  qualifies  for  juvenile  offender status under subdivision forty-two of
    50  section 1.20 of the criminal procedure law. A superintendent shall refer
    51  any pupil [sixteen] eighteen years of age or older or a  student  [four-
    52  teen or fifteen years of age who] qualifies for juvenile offender status
    53  under  subdivision  forty-two  of section 1.20 of the criminal procedure
    54  law, who has been determined to have  brought  a  weapon  to  school  in
    55  violation  of  this subdivision to the appropriate law enforcement offi-
    56  cials.
        A. 4876                            67
 
     1    § 88. Paragraph b of subdivision 4 of section 3214  of  the  education
     2  law,  as  amended by chapter 181 of the laws of 2000, is amended to read
     3  as follows:
     4    b.  The  school  authorities  may institute proceedings before a court
     5  having jurisdiction to determine the liability of a person  in  parental
     6  relation  to  contribute  towards the maintenance of a school delinquent
     7  under [sixteen] seventeen years of age ordered to attend  upon  instruc-
     8  tion  under  confinement. If the court shall find the person in parental
     9  relation able to contribute towards the maintenance of such a minor,  it
    10  may issue an order fixing the amount to be paid weekly.
    11    §  89.  Subdivisions  3  and 4 of section 246 of the executive law, as
    12  amended by section 10 of part D of chapter 56 of the laws of  2010,  are
    13  amended to read as follows:
    14    3.  Applications  from  counties or the city of New York for state aid
    15  under this section shall be made by filing with the division of criminal
    16  justice services, a detailed plan,  including  cost  estimates  covering
    17  probation  services for the fiscal year or portion thereof for which aid
    18  is requested. Included in such estimates shall  be  clerical  costs  and
    19  maintenance and operation costs as well as salaries of probation person-
    20  nel,  family engagement specialists and such other pertinent information
    21  as the commissioner of the division of  criminal  justice  services  may
    22  require. Items for which state aid is requested under this section shall
    23  be  duly  designated in the estimates submitted. The commissioner of the
    24  division of criminal justice services, after consultation with the state
    25  probation commission and the director of the  office  of  probation  and
    26  correctional  alternatives,  shall  approve  such plan if it conforms to
    27  standards relating to the administration of probation services as speci-
    28  fied in the rules adopted by him or her.
    29    4. a. An approved plan and compliance with standards relating  to  the
    30  administration  of probation services promulgated by the commissioner of
    31  the division of criminal justice services shall  be  a  prerequisite  to
    32  eligibility for state aid.
    33    The commissioner of the division of criminal justice services may take
    34  into  consideration  granting additional state aid from an appropriation
    35  made for state aid for county probation services  for  counties  or  the
    36  city of New York when a county or the city of New York demonstrates that
    37  additional  probation  services  were dedicated to intensive supervision
    38  programs[,] and  intensive  programs  for  sex  offenders  [or  programs
    39  defined  as juvenile risk intervention services]. The commissioner shall
    40  grant additional state aid from an appropriation dedicated  to  juvenile
    41  risk  intervention  services coordination by probation departments which
    42  shall include, but not be limited to, probation services performed under
    43  article three of the family court act or article seven  hundred  twenty-
    44  two of the criminal procedure law. The administration of such additional
    45  grants  shall  be made according to rules and regulations promulgated by
    46  the commissioner of the division  of  criminal  justice  services.  Each
    47  county and the city of New York shall certify the total amount collected
    48  pursuant  to  section  two  hundred  fifty-seven-c  of this chapter. The
    49  commissioner of the division of criminal justice services shall thereup-
    50  on certify to the comptroller for payment by  the  state  out  of  funds
    51  appropriated  for  that  purpose,  the amount to which the county or the
    52  city of New York shall be entitled under this section. The  commissioner
    53  shall,  subject  to  an  appropriation  made available for such purpose,
    54  establish and provide funding to probation departments for  a  continuum
    55  of evidence-based intervention services for youth alleged or adjudicated
    56  juvenile  delinquents  pursuant to article three of the family court act
        A. 4876                            68
 
     1  or for eligible youth before  or  sentenced  under  the  youth  part  in
     2  accordance  with article seven hundred twenty-two of the criminal proce-
     3  dure law.
     4    b.  Additional  state  aid shall be made in an amount necessary to pay
     5  one hundred percent of the expenditures for evidence-based practices and
     6  juvenile risk and evidence-based intervention services provided to youth
     7  aged sixteen years of age or older when such services would  not  other-
     8  wise  have  been provided absent the provisions of a chapter of the laws
     9  of two thousand seventeen that increased the age of  juvenile  jurisdic-
    10  tion.
    11    §  89-a. The second undesignated paragraph of subdivision 4 of section
    12  246 of the executive law, as added by chapter 479 of the laws  of  1970,
    13  is amended to read as follows:
    14    The  [director]  commissioner  of  the  division  of  criminal justice
    15  services shall thereupon certify to the comptroller for payment  by  the
    16  state  out  of  funds appropriated for that purpose, the amount to which
    17  the county or the city of New York shall be entitled under this section.
    18  The commissioner shall grant additional state aid from an  appropriation
    19  dedicated   to  juvenile  risk  intervention  services  coordination  by
    20  probation departments which  shall  include,  but  not  be  limited  to,
    21  probation services performed under article three of the family court act
    22  or  article  seven hundred twenty-two of the criminal procedure law. The
    23  commissioner shall, subject to an appropriation made available for  such
    24  purpose,  establish  and  provide funding to probation departments for a
    25  continuum of evidence-based intervention services for youth  alleged  or
    26  adjudicated juvenile delinquents pursuant to article three of the family
    27  court act or for eligible youth before or sentenced under the youth part
    28  in  accordance  with  article  seven  hundred twenty-two of the criminal
    29  procedure law.
    30    § 90. The executive law is amended by adding a new  section  259-p  to
    31  read as follows:
    32    §  259-p. Interstate detention. 1. Notwithstanding any other provision
    33  of law, a defendant subject to section two hundred fifty-nine-mm of this
    34  article, may be detained as authorized by  the  interstate  compact  for
    35  adult offender supervision.
    36    2.  A  defendant  shall  be detained at a local correctional facility,
    37  except as otherwise provided in subdivision three of this section.
    38    3. A defendant seventeen years of age or younger who allegedly commits
    39  a criminal act or violation of his or her supervision shall be  detained
    40  in a juvenile detention facility.
    41    § 91. Subdivision 16 of section 296 of the executive law, as separate-
    42  ly  amended by section 3 of part N and section 14 of part AAA of chapter
    43  56 of the laws of 2009, is amended to read as follows:
    44    16. It shall be an unlawful discriminatory  practice,  unless  specif-
    45  ically required or permitted by statute, for any person, agency, bureau,
    46  corporation or association, including the state and any political subdi-
    47  vision thereof, to make any inquiry about, whether in any form of appli-
    48  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
    49  involved, any arrest or criminal accusation of such individual not  then
    50  pending  against  that individual which was followed by a termination of
    51  that criminal action or proceeding  in  favor  of  such  individual,  as
    52  defined  in  subdivision two of section 160.50 of the criminal procedure
    53  law, or by a youthful offender adjudication, as defined  in  subdivision
    54  one  of section 720.35 of the criminal procedure law, or by a conviction
    55  for a violation sealed pursuant to section 160.55 of the criminal proce-
    56  dure law or by a conviction which is sealed pursuant to  section  160.56
        A. 4876                            69
 
     1  or  160.58 of the criminal procedure law, in connection with the licens-
     2  ing, employment or providing of credit or insurance to such  individual;
     3  provided,  further, that no person shall be required to divulge informa-
     4  tion  pertaining to any arrest or criminal accusation of such individual
     5  not then pending against that individual which was followed by a  termi-
     6  nation  of  that criminal action or proceeding in favor of such individ-
     7  ual, as defined in subdivision two of section  160.50  of  the  criminal
     8  procedure  law,  or  by  a youthful offender adjudication, as defined in
     9  subdivision one of section 720.35 of the criminal procedure law, or by a
    10  conviction for a violation sealed pursuant  to  section  160.55  of  the
    11  criminal  procedure  law, or by a conviction which is sealed pursuant to
    12  section 160.56 or 160.58 of the criminal procedure law.  The  provisions
    13  of  this  subdivision  shall  not  apply  to the licensing activities of
    14  governmental bodies in relation to the regulation of guns, firearms  and
    15  other  deadly weapons or in relation to an application for employment as
    16  a police officer or peace officer as those terms are defined in subdivi-
    17  sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
    18  procedure  law; provided further that the provisions of this subdivision
    19  shall not apply to an application for employment or  membership  in  any
    20  law enforcement agency with respect to any arrest or criminal accusation
    21  which  was  followed  by a youthful offender adjudication, as defined in
    22  subdivision one of section 720.35 of the criminal procedure law, or by a
    23  conviction for a violation sealed pursuant  to  section  160.55  of  the
    24  criminal  procedure  law, or by a conviction which is sealed pursuant to
    25  section 160.56 or 160.58 of the criminal procedure law.
    26    § 92. Section 502 of the executive law, as added by chapter 465 of the
    27  laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
    28  Q of chapter 58 of the laws of 2011, is amended to read as follows:
    29    § 502. Definitions. Unless otherwise specified in this article:
    30    1. "Director" means the [director of the division for  youth]  commis-
    31  sioner of the office of children and family services.
    32    2.  ["Division] "Division", "Office" or "division for youth" means the
    33  [division for youth] office of children and family services.
    34    3. "Detention" means the temporary care and maintenance of youth  held
    35  away  from  their homes pursuant to article three or seven of the family
    36  court act, or held pending a hearing for alleged violation of the condi-
    37  tions of release from an office of children and family services facility
    38  or authorized agency, or held pending a hearing for alleged violation of
    39  the condition of parole as a juvenile offender, or held  pending  return
    40  to a jurisdiction other than the one in which the youth is held, or held
    41  pursuant  to  a  securing  order  of a criminal court if the youth named
    42  therein as principal is charged as a juvenile offender or held pending a
    43  hearing on an extension of placement  or  held  pending  transfer  to  a
    44  facility  upon  commitment  or  placement  by  a  court. Only alleged or
    45  convicted juvenile offenders who have not  attained  their  [eighteenth]
    46  twenty-first  birthday  shall  be  subject  to  detention in a detention
    47  facility.
    48    4. For purposes of this article, the term "youth" shall [be synonymous
    49  with the term "child" and means] mean a person not less than [seven] ten
    50  years of age and not more than [twenty] twenty-three years of age.
    51    5. "Placement" means the transfer of a youth to  the  custody  of  the
    52  [division] office pursuant to the family court act.
    53    6.  "Commitment"  means  the transfer of a youth to the custody of the
    54  [division] office pursuant to the penal law.
        A. 4876                            70
 
     1    7. "Conditional release" means the transfer of a youth  from  facility
     2  status  to  aftercare  supervision  under  the  continued custody of the
     3  [division] office.
     4    8. "Discharge" means the termination of [division] office custody of a
     5  youth.
     6    9.  "Aftercare"  means  supervision  of a youth on conditional release
     7  status under the continued custody of the division.
     8    § 93. Subdivision 7 of section 503 of the executive law, as amended by
     9  section 2 of subpart B of part Q of chapter 58 of the laws of  2011,  is
    10  amended to read as follows:
    11    7. The person in charge of each detention facility shall keep a record
    12  of all time spent in such facility for each youth in care. The detention
    13  facility  shall  deliver  a  certified  transcript of such record to the
    14  office, social services district, or other agency taking custody of  the
    15  youth  pursuant  to  article  three  [or seven] of the family court act,
    16  before, or at the same time as the youth is  delivered  to  the  office,
    17  district or other agency, as is appropriate.
    18    §  94.   Section 507-a of the executive law, as amended by chapter 465
    19  of the laws of 1992, paragraph (a) of subdivision 1 as amended by  chap-
    20  ter 309 of the laws of 1996, is amended to read as follows:
    21    § 507-a. Placement  and commitment; procedures. 1. Youth may be placed
    22  in or committed to the custody of the [division] office of children  and
    23  family services:
    24    (a)  for  placement,  as  a juvenile delinquent pursuant to the family
    25  court act; or
    26    (b) for commitment pursuant to the penal law.
    27    2. (a) Consistent with other provisions of law, only those  youth  who
    28  have reached the age of [seven] ten, but who have not reached the age of
    29  twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
    30  sion's] custody of the office of children and family services. Except as
    31  provided for in paragraph (a-1) of this subdivision, no  youth  who  has
    32  reached  the  age  of  twenty-one may remain in custody of the office of
    33  children and family services.
    34    (a-1) (i) A youth who is committed to the office of children and fami-
    35  ly services as a juvenile offender or youthful offender  may  remain  in
    36  the  custody  of  the  office  during  the period of his or her sentence
    37  beyond the age of twenty-one in accordance with the provisions of subdi-
    38  vision five of section five hundred eight of  this  article  but  in  no
    39  event may such a youth remain in the custody of the office beyond his or
    40  her  twenty-third  birthday;  and (ii) a youth found to have committed a
    41  designated class A felony act  who  is  restrictively  placed  with  the
    42  office  under  subdivision four of section 353.5 of the family court act
    43  for committing an act on or after the  youth's  sixteenth  birthday  may
    44  remain  in  the custody of the office of children and family services up
    45  to the age of twenty-three in  accordance  with  his  or  her  placement
    46  order.
    47    (a-2)  Whenever  it shall appear to the satisfaction of the [division]
    48  office of children and family services that any youth  placed  therewith
    49  is  not  of  proper age to be so placed or is not properly placed, or is
    50  mentally or physically incapable of being materially  benefited  by  the
    51  program  of the [division] office, the [division] office shall cause the
    52  return of such youth to the county from which placement was made.
    53    (b) The [division] office shall deliver such youth to the  custody  of
    54  the  placing  court,  along  with the records provided to the [division]
    55  office pursuant to section five hundred seven-b of this  article,  there
        A. 4876                            71

     1  to be dealt with by the court in all respects as though no placement had
     2  been made.
     3    (c) The cost and expense of the care and return of such youth incurred
     4  by  the [division] office shall be reimbursed to the state by the social
     5  services district from  which  such  youth  was  placed  in  the  manner
     6  provided by section five hundred twenty-nine of this article.
     7    3.  The  [division]  office  may  photograph any youth in its custody.
     8  Such photograph may be used only for the purpose  of  assisting  in  the
     9  return  of  conditionally  released  children  and  runaways pursuant to
    10  section five hundred ten-b of this article.  Such  photograph  shall  be
    11  destroyed  immediately  upon  the discharge of the youth from [division]
    12  office custody.
    13    4. (a) A youth placed with or committed to the [division] office  may,
    14  immediately  following placement or commitment, be remanded to an appro-
    15  priate detention facility.
    16    (b) The [division] office shall admit a [child] youth placed [with the
    17  division] under its care to a facility of the [division]  office  within
    18  fifteen  days  of the date of the order of placement with the [division]
    19  office and shall admit a juvenile offender committed to  the  [division]
    20  office  to  a  facility  of the [division] office within ten days of the
    21  date of the order of commitment to  the  [division]  office,  except  as
    22  provided in section five hundred seven-b of this article.
    23    5.  Consistent  with other provisions of law, in the discretion of the
    24  [director, youth] commissioner of the  office  of  children  and  family
    25  services,  youth placed within the office under the family court act who
    26  attain the age of eighteen while in [division] custody of the office and
    27  who are not required to remain in the placement with  the  office  as  a
    28  result  of  a  dispositional  order  of the family court may reside in a
    29  non-secure facility until the age  of  twenty-one,  provided  that  such
    30  youth attend a full-time vocational or educational program and are like-
    31  ly to benefit from such program.
    32    § 95. Section 508 of the executive law, as added by chapter 481 of the
    33  laws  of  1978  and  as  renumbered  by chapter 465 of the laws of 1992,
    34  subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
    35  2 as amended by chapter 572 of the laws of 1985, subdivisions  4,  5,  6
    36  and  7  as amended by section 97 of subpart B of part C of chapter 62 of
    37  the laws of 2011, subdivision 8 as added by chapter 560 of the  laws  of
    38  1984  and subdivision 9 as amended by chapter 37 of the laws of 2016, is
    39  amended to read as follows:
    40    § 508. Juvenile offender facilities. 1. The  office  of  children  and
    41  family  services  shall  maintain  [secure]  facilities for the care and
    42  confinement of  juvenile  offenders  committed  [for  an  indeterminate,
    43  determinate or definite sentence] to the office pursuant to the sentenc-
    44  ing provisions of the penal law. Such facilities shall provide appropri-
    45  ate services to juvenile offenders including but not limited to residen-
    46  tial  care,  educational  and  vocational  training, physical and mental
    47  health services, and employment counseling.
    48    1-a. Any new facilities developed by the office of children and family
    49  services to serve the additional youth  placed  with  the  office  as  a
    50  result  of raising the age of juvenile jurisdiction shall, to the extent
    51  practicable, consist of smaller, more home-like facilities located  near
    52  the  youths'  homes and families that provide gender-responsive program-
    53  ming, services and treatment in small, closely  supervised  groups  that
    54  offer extensive and on-going individual attention and encourage support-
    55  ive peer relationships.
        A. 4876                            72
 
     1    2.  Juvenile  offenders  committed to the office for committing crimes
     2  prior to the age of sixteen shall be confined in such facilities  [until
     3  the age of twenty-one] in accordance with their sentences, and shall not
     4  be  released, discharged or permitted home visits except pursuant to the
     5  provisions of this section.
     6    [(a) The director of the division for youth may authorize the transfer
     7  of  a  juvenile  offender  in  his  custody,  who  has been convicted of
     8  burglary or robbery, to a school  or  center  established  and  operated
     9  pursuant  to  title three of this article at any time after the juvenile
    10  offender has been confined in a division for youth secure  facility  for
    11  one year or one-half of his minimum sentence, whichever is greater.
    12    (b)  The director of the division for youth may authorize the transfer
    13  of a juvenile offender  in  his  custody,  who  has  been  convicted  of
    14  burglary  or robbery, and who is within ninety days of release as estab-
    15  lished by the board of parole, to any facility established and  operated
    16  pursuant to this article.
    17    (c)  A  juvenile offender may be transferred as provided in paragraphs
    18  (a) and (b) herein, only after the director determines that there is  no
    19  danger  to public safety and that the offender shall substantially bene-
    20  fit from the programs and services  of  another  division  facility.  In
    21  determining  whether  there  is  a  danger to public safety the director
    22  shall consider: (i) the nature and circumstances of the offense  includ-
    23  ing  whether  any physical injury involved was inflicted by the offender
    24  or another participant; (ii) the record and background of the  offender;
    25  and (iii) the adjustment of the offender at division facilities.
    26    (d)  For  a  period  of  six months after a juvenile offender has been
    27  transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
    28  der may have only accompanied home visits. After completing  six  months
    29  of  confinement  following  transfer  from a secure facility, a juvenile
    30  offender may not have an unaccompanied home visit unless two accompanied
    31  home visits have already occurred. An  "accompanied  home  visit"  shall
    32  mean  a  home visit during which the juvenile offender shall be accompa-
    33  nied at all times while outside the facility by appropriate personnel of
    34  the division for youth designated pursuant to regulations of the  direc-
    35  tor of the division.
    36    (e)  The director of the division for youth shall promulgate rules and
    37  regulations including uniform standards  and  procedures  governing  the
    38  transfer  of  juvenile offenders from secure facilities to other facili-
    39  ties and the return of such offenders to secure  facilities.  The  rules
    40  and  regulations  shall provide a procedure for the referral of proposed
    41  transfer cases by the secure facility  director,  and  shall  require  a
    42  determination  by  the  facility  director  that  transfer of a juvenile
    43  offender to another facility is in the best interests  of  the  division
    44  for  youth  and  the  juvenile  offender  and that there is no danger to
    45  public safety.
    46    The rules and regulations shall further provide for the  establishment
    47  of a division central office transfer committee to review transfer cases
    48  referred by the secure facility directors. The committee shall recommend
    49  approval of a transfer request to the director of the division only upon
    50  a  clear showing by the secure facility director that the transfer is in
    51  the best interests of the division for youth and the  juvenile  offender
    52  and  that there is no danger to public safety. In the case of the denial
    53  of the transfer request by the transfer committee, the juvenile offender
    54  shall remain at a secure facility.  Notwithstanding  the  recommendation
    55  for  approval of transfer by the transfer committee, the director of the
    56  division may deny the request for transfer  if  there  is  a  danger  to
        A. 4876                            73

     1  public  safety  or  if  the transfer is not in the best interests of the
     2  division for youth or the juvenile offender.
     3    The  rules  and  regulations shall further provide a procedure for the
     4  immediate return to a secure facility, without a hearing, of a  juvenile
     5  offender  transferred  to  another facility upon a determination by that
     6  facility director that there is a danger to public safety.]
     7    3. The [division] office of children and family services shall  report
     8  in  writing to the sentencing court and district attorney, not less than
     9  once every six months during the period of confinement, on  the  status,
    10  adjustment, programs and progress of the offender.
    11    4.  [The  office  of  children  and  family  services may apply to the
    12  sentencing court for permission  to  transfer  a  youth  not  less  than
    13  sixteen  nor  more  than  eighteen  years  of  age  to the department of
    14  corrections and community supervision. Such application  shall  be  made
    15  upon  notice  to  the  youth, who shall be entitled to be heard upon the
    16  application and to be represented by counsel. The court shall grant  the
    17  application  if  it is satisfied that there is no substantial likelihood
    18  that the youth will benefit from the  programs  offered  by  the  office
    19  facilities.
    20    5.]  The office of children and family services may transfer an offen-
    21  der not less than eighteen [nor more than twenty-one] years  of  age  to
    22  the  department  of corrections and community supervision if the commis-
    23  sioner of the office certifies to the commissioner  of  corrections  and
    24  community  supervision  that there is no substantial likelihood that the
    25  youth will benefit from the programs offered by office facilities.
    26    [6. At age twenty-one, all] 5. (a) All juvenile offenders committed to
    27  the office for committing a crime prior to the youth's sixteenth  birth-
    28  day who still have time left on their sentences of imprisonment shall be
    29  transferred  at  age  twenty-three  to  the custody of the department of
    30  corrections and community supervision for confinement  pursuant  to  the
    31  correction law.
    32    [7.]  (b) All offenders committed to the office for committing a crime
    33  on or after their sixteenth birthday who still have time left  on  their
    34  sentences  of  imprisonment  shall  be transferred to the custody of the
    35  department of corrections  and  community  supervision  for  confinement
    36  pursuant  to  the  correction  law after completing two years of care in
    37  office of children and family services facilities unless they are within
    38  four months of completing the imprisonment portion of their sentence and
    39  the office determines, in its discretion, on a case-by-case  basis  that
    40  the  youth  should  be permitted to remain with the office for the addi-
    41  tional short period of time necessary to enable them to  complete  their
    42  sentence.  In  making  such  a determination, the factors the office may
    43  consider include, but are not limited to, the  age  of  the  youth,  the
    44  amount  of  time  remaining on the youth's sentence of imprisonment, the
    45  level of the youth's participation in the program,  the  youth's  educa-
    46  tional and vocational progress, the opportunities available to the youth
    47  through the office and through the department. Nothing in this paragraph
    48  shall  authorize  a  youth to remain in an office facility beyond his or
    49  her twenty-third birthday.
    50    (c) All juvenile offenders who are eligible to  be  released  from  an
    51  office of children and family services facility before they are required
    52  to  be transferred to the department of corrections and community super-
    53  vision and who are able to complete the  full-term  of  their  community
    54  supervision  sentences  before they turn twenty-three years of age shall
    55  remain with the office of children and  family  services  for  community
    56  supervision.
        A. 4876                            74
 
     1    (d)  All  juvenile  offenders  released from an office of children and
     2  family services facility before they are transferred to  the  department
     3  of  corrections and community supervision who are unable to complete the
     4  full-term of their community supervision before they  turn  twenty-three
     5  years  of  age  shall  be  under  the  supervision  of the department of
     6  corrections and community supervision until expiration  of  the  maximum
     7  term.
     8    6. While in the custody of the office of children and family services,
     9  an offender shall be subject to the rules and regulations of the office,
    10  except  that his or her parole, temporary release and discharge shall be
    11  governed by the laws applicable to inmates of state correctional facili-
    12  ties and his or her transfer to state hospitals in the office of  mental
    13  health  shall  be governed by section five hundred nine of this chapter.
    14  The commissioner of the office of children and  family  services  shall,
    15  however,  establish  and operate temporary release programs at office of
    16  children and family services facilities for eligible juvenile  offenders
    17  and  [contract  with  the department of corrections and community super-
    18  vision for the provision of parole] provide supervision  [services]  for
    19  temporary releasees.  The rules and regulations for these programs shall
    20  not  be  inconsistent  with the laws for temporary release applicable to
    21  inmates of state correctional facilities. For the purposes of  temporary
    22  release  programs  for  juvenile  offenders  only,  when  referred to or
    23  defined in article twenty-six of the correction law, "institution" shall
    24  mean any facility designated by the commissioner of the office of  chil-
    25  dren and family services, "department" shall mean the office of children
    26  and family services, "inmate" shall mean a juvenile offender residing in
    27  an  office  of children and family services facility, and "commissioner"
    28  shall mean the [director] commissioner of the  office  of  children  and
    29  family  services.  Time  spent in office of children and family services
    30  facilities and  in  juvenile  detention  facilities  shall  be  credited
    31  towards  the  sentence imposed in the same manner and to the same extent
    32  applicable to inmates of state correctional facilities.
    33    [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
    34  cated a youthful offender shall be delivered to the director of [a divi-
    35  sion  for  youth]  an  office  of  children and family services facility
    36  pursuant to a commitment to the [director of  the  division  for  youth]
    37  office  of  children and family services, the officer so delivering such
    38  person shall deliver to such facility director a certified copy  of  the
    39  sentence  received  by such officer from the clerk of the court by which
    40  such person shall have been sentenced, a  copy  of  the  report  of  the
    41  probation  officer's  investigation  and  report, any other pre-sentence
    42  memoranda filed with the court,  a  copy  of  the  person's  fingerprint
    43  records,  a  detailed  summary of available medical records, psychiatric
    44  records and  reports  relating  to  assaults,  or  other  violent  acts,
    45  attempts  at  suicide  or escape by the person while in the custody of a
    46  local detention facility.
    47    [9] 8.  Notwithstanding any provision of law, including  section  five
    48  hundred  one-c  of  this  article,  the  office  of  children and family
    49  services shall make records pertaining to a person convicted  of  a  sex
    50  offense  as  defined  in  subdivision (p) of section 10.03 of the mental
    51  hygiene law available upon request to the commissioner of mental  health
    52  or  the  commissioner of the office for persons with developmental disa-
    53  bilities, as appropriate; a case review panel; and the attorney general;
    54  in accordance with the provisions of article ten of the  mental  hygiene
    55  law.
        A. 4876                            75
 
     1    §  96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
     2  law, subdivisions 1, 4 and 5 as added by chapter  906  of  the  laws  of
     3  1973,  paragraph  (c)  of  subdivision 1 as amended and paragraph (d) of
     4  subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
     5  as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
     6  sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
     7  as  added  by  chapter  258  of the laws of 1974, are amended to read as
     8  follows:
     9    1. Definitions. As used in this section:
    10    (a) "authorized agency", "certified boarding home", "local charge" and
    11  "state charge" shall have the meaning ascribed  to  such  terms  by  the
    12  social services law;
    13    (b)  "aftercare  supervision"  shall  mean  supervision of released or
    14  discharged youth, not in foster care; and,
    15    (c) "foster care" shall mean residential care, maintenance and  super-
    16  vision  provided  to released or discharged youth, or youth otherwise in
    17  the custody of the [division for youth, in a division foster family home
    18  certified by the division.
    19    (d) "division foster family home" means a service program provided  in
    20  a home setting available to youth under the jurisdiction of the division
    21  for youth] office of children and family services.
    22    2.  [Expenditures]  Except  as  provided  in  subdivision five of this
    23  section, expenditures made by the [division for youth] office  of  chil-
    24  dren and family services for care, maintenance and supervision furnished
    25  youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
    26  persons in need of supervision, placed or referred, pursuant  to  titles
    27  two  or three of this article, and juvenile offenders committed pursuant
    28  to section 70.05 of the penal law, in the [division's] office's programs
    29  and facilities, shall be subject to reimbursement to the  state  by  the
    30  social  services  district  from  which  the  youth was placed or by the
    31  social services district in which the juvenile offender resided  at  the
    32  time  of commitment, in accordance with this section and the regulations
    33  of the [division,] office  as  follows:  fifty  percent  of  the  amount
    34  expended  for care, maintenance and supervision of local charges includ-
    35  ing juvenile offenders.
    36    [4. Expenditures made by the division for  youth]  3.  The  costs  for
    37  foster care provided by voluntary authorized agencies to juvenile delin-
    38  quents  placed in the care of the office of children and family services
    39  shall be [subject to reimbursement to the state by]  the  responsibility
    40  of  the  social  services  district from which the youth was placed, and
    41  shall be subject to reimbursement from the state in accordance with [the
    42  regulations of the division, as follows: fifty  percent  of  the  amount
    43  expended for care, maintenance and supervision of local charges] section
    44  one hundred fifty-three-k of the social services law.
    45    [5]  4.  (a)  [Expenditures] Except as provided in subdivision five of
    46  this section, expenditures made by the [division for  youth]  office  of
    47  children  and family services for aftercare supervision shall be subject
    48  to reimbursement to the state by the social services district from which
    49  the youth was placed, in accordance with regulations of  the  [division]
    50  office,  as  follows: fifty percent of the amount expended for aftercare
    51  supervision of local charges.
    52    (b) Expenditures made  by  social  services  districts  for  aftercare
    53  supervision  of  adjudicated juvenile delinquents and persons in need of
    54  supervision [provided  (prior  to  the  expiration  of  the  initial  or
    55  extended  period  of  placement or commitment) by the aftercare staff of
    56  the facility from which the youth has been released or discharged, other
        A. 4876                            76

     1  than those under the jurisdiction of the division for  youth,  in  which
     2  said youth was placed or committed, pursuant to directions of the family
     3  court,]  shall  be subject to reimbursement by the state[, upon approval
     4  by the division and in accordance with its regulations, as follows:
     5    (1) the full amount expended by the district for aftercare supervision
     6  of state charges;
     7    (2) fifty percent of the amount expended by the district for aftercare
     8  supervision  of  local  charges]  in accordance with section one hundred
     9  fifty-three-k of the social services law.
    10    (c) Expenditures made by the [division for youth] office  of  children
    11  and  family  services  for  contracted  programs and contracted services
    12  pursuant to subdivision seven of section five hundred one of this  arti-
    13  cle,  except  with  respect  to  urban  homes  and group homes, shall be
    14  subject to reimbursement to the state by the  social  services  district
    15  from which the youth was placed, in accordance with this section and the
    16  regulations  of  the  [division] office as follows: fifty percent of the
    17  amount expended for the operation and maintenance of such  programs  and
    18  services.
    19    5.  Notwithstanding  any  other  provision  of law to the contrary, no
    20  reimbursement shall be required from  a  social  services  district  for
    21  expenditures  made  by  the office of children and family services on or
    22  after December first, two thousand seventeen for the care,  maintenance,
    23  supervision  or  aftercare supervision of youth age sixteen years of age
    24  or older that would not otherwise have been made absent  the  provisions
    25  of  a  chapter  of the laws of two thousand seventeen that increased the
    26  age of juvenile jurisdiction above fifteen years of age or that  author-
    27  ized  the placement in office of children and family services facilities
    28  of certain other youth who committed a crime on or after their sixteenth
    29  birthdays.
    30    5-a. The social services district responsible for reimbursement to the
    31  state shall remain the same if during a period of placement or extension
    32  thereof, a child commits a criminal act while in [a division] an  office
    33  of  children  and family services facility, during an authorized absence
    34  therefrom or after absconding therefrom and is returned  to  the  [divi-
    35  sion] office following adjudication or conviction for the act by a court
    36  with jurisdiction outside the boundaries of the social services district
    37  which was responsible for reimbursement to the state prior to such adju-
    38  dication or conviction.
    39    §  97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
    40  vision 3 of section 529-b of the executive law, as added by section 3 of
    41  subpart B of part Q of chapter 58 of the laws of 2011,  are  amended  to
    42  read as follows:
    43    1.  (a) Notwithstanding any provision of law to the contrary, eligible
    44  expenditures by an eligible municipality for services to divert youth at
    45  risk of, alleged to  be,  or  adjudicated  as  juvenile  delinquents  or
    46  persons  alleged  or  adjudicated to be in need of supervision, or youth
    47  alleged to be or convicted  as  juvenile  offenders  from  placement  in
    48  detention or in residential care shall be subject to state reimbursement
    49  under  the  supervision and treatment services for juveniles program for
    50  up to sixty-two percent of the municipality's expenditures,  subject  to
    51  available  appropriations and exclusive of any federal funds made avail-
    52  able for such purposes, not to exceed  the  municipality's  distribution
    53  under the supervision and treatment services for juveniles program.
    54    (b)  The  state  funds  appropriated for the supervision and treatment
    55  services for juveniles program shall be distributed to eligible  munici-
    56  palities  by  the office of children and family services based on a plan
        A. 4876                            77
 
     1  developed by  the  office  which  may  consider  historical  information
     2  regarding  the  number  of youth seen at probation intake for an alleged
     3  act of delinquency, the number of alleged persons in need of supervision
     4  receiving  diversion services under section seven hundred thirty-five of
     5  the family court act, the number of youth  remanded  to  detention,  the
     6  number  of  juvenile  delinquents  placed with the office, the number of
     7  juvenile delinquents and persons in need of supervision placed in  resi-
     8  dential  care with the municipality, the municipality's reduction in the
     9  use of detention and residential placements, and other factors as deter-
    10  mined by the office. Such plan developed by the office shall be  subject
    11  to the approval of the director of the budget. The office is authorized,
    12  in  its  discretion,  to make advance distributions to a municipality in
    13  anticipation of state reimbursement.
    14    (iii) a description of how the  services  and  programs  proposed  for
    15  funding  will  reduce  the number of youth from the municipality who are
    16  detained and residentially or otherwise placed; how  such  services  and
    17  programs  are family-focused; and whether such services and programs are
    18  capable of being replicated across multiple sites;
    19    § 98. Subdivisions 2, 4, 5, 6 and 7 of section 530  of  the  executive
    20  law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
    21  of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
    22  2  as  amended by section 1 of part M of chapter 57 of the laws of 2012,
    23  subdivision 5 as amended by chapter 920 of the laws  of  1982,  subpara-
    24  graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
    25  amended by section 5 of subpart B of part Q of chapter 58 of the laws of
    26  2011,  subdivision  6 as amended by chapter 880 of the laws of 1976, and
    27  subdivision 7 as amended by section 6 of subpart B of part Q of  chapter
    28  58  of the laws of 2011, are amended and a new subdivision 8 is added to
    29  read as follows:
    30    2. [Expenditures] Except as provided for in subdivision eight of  this
    31  section,  expenditures made by municipalities in providing care, mainte-
    32  nance and supervision to youth in detention facilities designated pursu-
    33  ant to sections seven hundred twenty and 305.2 of the family  court  act
    34  and  certified by [the division for youth] office of children and family
    35  services, shall be subject to reimbursement by the state, as follows:
    36    (a) Notwithstanding any provision of law  to  the  contrary,  eligible
    37  expenditures  by a municipality during a particular program year for the
    38  care, maintenance and supervision in foster care programs  certified  by
    39  the office of children and family services, certified or approved family
    40  boarding  homes,  and  non-secure  detention facilities certified by the
    41  office for those youth alleged to be persons in need of  supervision  or
    42  adjudicated  persons  in  need of supervision held pending transfer to a
    43  facility upon placement; and in secure and non-secure detention  facili-
    44  ties  certified  by  the  office in accordance with section five hundred
    45  three of this article for those youth  alleged  to  be  juvenile  delin-
    46  quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
    47  facility upon placement, and juvenile delinquents held at the request of
    48  the office of children and family services pending extension  of  place-
    49  ment  hearings or release revocation hearings or while awaiting disposi-
    50  tion of such hearings; and youth alleged to be or convicted as  juvenile
    51  offenders  and,  youth  alleged  to be persons in need of supervision or
    52  adjudicated persons in need of supervision held pending  transfer  to  a
    53  facility  upon placement in foster care programs certified by the office
    54  of children and family services, certified or approved  family  boarding
    55  homes,  shall  be subject to state reimbursement for up to fifty percent
    56  of the municipality's expenditures, exclusive of any federal funds  made
        A. 4876                            78
 
     1  available  for  such purposes, not to exceed the municipality's distrib-
     2  ution from funds that have been appropriated specifically  therefor  for
     3  that  program  year. Municipalities shall implement the use of detention
     4  risk  assessment  instruments in a manner prescribed by the office so as
     5  to inform detention decisions.  Notwithstanding any other  provision  of
     6  state  law to the contrary, data necessary for completion of a detention
     7  risk  assessment  instrument  may  be  shared  among  law   enforcement,
     8  probation,  courts,  detention  administrators, detention providers, and
     9  the attorney for the child upon retention or appointment; solely for the
    10  purpose of accurate completion of such risk assessment instrument, and a
    11  copy of the completed detention risk assessment instrument shall be made
    12  available to the applicable detention provider,  the  attorney  for  the
    13  child and the court.
    14    (b) The state funds appropriated for juvenile detention services shall
    15  be  distributed to eligible municipalities by the office of children and
    16  family services based on a  plan  developed  by  the  office  which  may
    17  consider  historical  information regarding the number of youth remanded
    18  to detention, the municipality's reduction in the use of detention,  the
    19  municipality's  youth population, and other factors as determined by the
    20  office. Such plan developed by  the  office  shall  be  subject  to  the
    21  approval of the director of the budget. The office is authorized, in its
    22  discretion,  to  make  advance distributions to a municipality in antic-
    23  ipation of state reimbursement.
    24    (c) A municipality may also use the funds distributed to it for  juve-
    25  nile detention services under this section for a particular program year
    26  for  sixty-two  percent  of  a  municipality's eligible expenditures for
    27  supervision and treatment services for juveniles programs approved under
    28  section five hundred twenty-nine-b of this title for services that  were
    29  not  reimbursed  from  a  municipality's distribution under such program
    30  provided to at-risk, alleged  or  adjudicated  juvenile  delinquents  or
    31  persons  alleged or adjudicated to be in need of supervision, or alleged
    32  to be or convicted as juvenile offenders in community-based non-residen-
    33  tial settings. Any claims submitted by a municipality for  reimbursement
    34  for  detention  services or supervision and treatment services for juve-
    35  niles provided during a particular program year for  which  the  munici-
    36  pality  does  not  receive  state  reimbursement from the municipality's
    37  distribution of detention services funds for that program year  may  not
    38  be  claimed  against  the municipality's distribution of funds available
    39  under this section for the next applicable program year. The office  may
    40  require  that  such  claims be submitted to the office electronically at
    41  such times and in the manner and format required by the office.
    42    [(d)(i)] 2-a. (a) Notwithstanding any provision of law  or  regulation
    43  to  the contrary, any information or data necessary for the development,
    44  validation or revalidation of the detention risk  assessment  instrument
    45  shall  be  shared  among  local  probation  departments,  the  office of
    46  probation and correctional alternatives and,  where  authorized  by  the
    47  division  of  criminal  justice services, the entity under contract with
    48  the division to provide information technology services related to youth
    49  assessment and screening, the office of children  and  family  services,
    50  and  any  entity  under  contract with the office of children and family
    51  services to provide services relating to the development, validation  or
    52  revalidation  of  the  detention  risk  assessment  instrument. Any such
    53  information and data shall not be commingled with any  criminal  history
    54  database.  Any  information  and  data  used and shared pursuant to this
    55  section shall only be used and shared for the purposes of  this  section
    56  and  in  accordance  with this section. Such information shall be shared
        A. 4876                            79
 
     1  and received in a manner  that  protects  the  confidentiality  of  such
     2  information.  The  sharing,  use,  disclosure  and  redisclosure of such
     3  information to any person, office,  or  other  entity  not  specifically
     4  authorized  to  receive  it pursuant to this section or any other law is
     5  prohibited.
     6    [(ii)] (b) The office of children and family  services  shall  consult
     7  with  individuals with professional research experience and expertise in
     8  criminal justice; social work; juvenile justice; and  applied  mathemat-
     9  ics, psychometrics and/or statistics to assist the office in determining
    10  the  method  it  will  use  to:  develop,  validate  and revalidate such
    11  detention risk assessment instrument; and analyze the  effectiveness  of
    12  the  use  of  such detention risk assessment instrument in accomplishing
    13  its intended goals; and analyze, to the  greatest  extent  possible  any
    14  disparate impact on detention outcomes for juveniles based on race, sex,
    15  national   origin,   economic  status  and  any  other  constitutionally
    16  protected class, regarding the use of such instrument. The office  shall
    17  consult  with  such  individuals  regarding whether it is appropriate to
    18  attempt to analyze whether there is any such disparate impact  based  on
    19  sexual  orientation  and, if so, the best methods to conduct such analy-
    20  sis. The office shall take into consideration any recommendations  given
    21  by  such  individuals  involving improvements that could be made to such
    22  instrument and process.
    23    [(iii)]  (c)  Data  collected  for  the  purposes  of  completing  the
    24  detention risk assessment instrument from any source other than an offi-
    25  cially  documented  record  shall  be  confirmed as soon as practicable.
    26  Should any data originally utilized in completing  the  risk  assessment
    27  instrument  be  found to conflict with the officially documented record,
    28  the risk assessment instrument shall be completed  with  the  officially
    29  documented  data  and  any  corresponding revision to the risk categori-
    30  zation shall be made.  The  office  shall  periodically  revalidate  any
    31  approved risk assessment instrument. The office shall conspicuously post
    32  any  approved  detention  risk  assessment instrument on its website and
    33  shall confer with appropriate stakeholders, including  but  not  limited
    34  to,  attorneys  for  children,  presentment agencies, probation, and the
    35  family court, prior to revising any validated  risk  assessment  instru-
    36  ment.  Any  such  revised risk assessment instrument shall be subject to
    37  periodic empirical validation.
    38    4. (a) The municipality must notify the office of children and  family
    39  services  of  state  aid received under other state aid formulas by each
    40  detention facility for which the municipality is  seeking  reimbursement
    41  pursuant  to  this section, including but not limited to, aid for educa-
    42  tion, probation and mental health services.
    43    (b) Except as provided in subdivision eight of this section:   (i)  In
    44  computing  reimbursement  to  the municipality pursuant to this section,
    45  the office shall insure that the aggregate of state aid under all  state
    46  aid formulas shall not exceed fifty percent of the cost of care, mainte-
    47  nance   and   supervision  provided  to  detainees  eligible  for  state
    48  reimbursement under subdivision two of this section, exclusive of feder-
    49  al aid for such purposes not to exceed the amount of the  municipality's
    50  distribution under the juvenile detention services program.
    51    [(c)]  (ii)  Reimbursement  for administrative related expenditures as
    52  defined by the office of children and family services,  for  secure  and
    53  nonsecure  detention  services shall not exceed seventeen percent of the
    54  total approved expenditures for facilities of twenty-five beds  or  more
    55  and  shall  not exceed twenty-one percent of the total approved expendi-
    56  tures for facilities with less than twenty-five beds.
        A. 4876                            80
 
     1    5. (a) Except as provided in paragraph (b) of this subdivision,  care,
     2  maintenance  and  supervision for the purpose of this section shall mean
     3  and include only:
     4    (1)  temporary  care,  maintenance and supervision provided to alleged
     5  juvenile delinquents and persons in need  of  supervision  in  detention
     6  facilities certified pursuant to sections seven hundred twenty and 305.2
     7  of  the  family court act by the office of children and family services,
     8  pending adjudication of alleged delinquency or alleged  need  of  super-
     9  vision by the family court, or pending transfer to institutions to which
    10  committed  or placed by such court or while awaiting disposition by such
    11  court after adjudication or held pursuant to a securing order of a crim-
    12  inal court if the person named therein as principal is  under  [sixteen]
    13  eighteen years of age; or[,]
    14    (1-a) temporary care, maintenance, and supervision provided to alleged
    15  juvenile  delinquents in detention facilities certified by the office of
    16  children and family services, pending adjudication of alleged delinquen-
    17  cy by the family court, or pending transfer  to  institutions  to  which
    18  committed  or placed by such court or while awaiting disposition by such
    19  court after adjudication or held pursuant to a securing order of a crim-
    20  inal court if the person named therein as principal is under twenty-one;
    21  or
    22    (2) temporary care,  maintenance  and  supervision  provided  juvenile
    23  delinquents  in  approved  detention  facilities  at  the request of the
    24  office of children and family services pending release revocation  hear-
    25  ings or while awaiting disposition after such hearings; or
    26    (3)  temporary care, maintenance and supervision in approved detention
    27  facilities for youth held pursuant to the family court act or the inter-
    28  state compact on juveniles, pending return to their place  of  residence
    29  or domicile[.]; or
    30    (4)   temporary  care,  maintenance  and  supervision  provided  youth
    31  detained in foster care  facilities  or  certified  or  approved  family
    32  boarding homes pursuant to article seven of the family court act.
    33    (b)  Payments made for reserved accommodations, whether or not in full
    34  time use, approved and certified by the office of  children  and  family
    35  services  [and  certified  pursuant to sections seven hundred twenty and
    36  305.2 of the family court act], in order to assure that adequate  accom-
    37  modations  will be available for the immediate reception and proper care
    38  therein of youth for which detention costs are reimbursable pursuant  to
    39  paragraph  (a)  of this subdivision, shall be reimbursed as expenditures
    40  for care, maintenance and  supervision  under  the  provisions  of  this
    41  section,  provided  the  office  shall have given its prior approval for
    42  reserving such accommodations.
    43    6. The [director of the division for youth]  office  of  children  and
    44  family  services may adopt, amend, or rescind all rules and regulations,
    45  subject to the approval of the director of the budget and  certification
    46  to  the  chairmen  of  the  senate  finance  and assembly ways and means
    47  committees, necessary to carry out the provisions of this section.
    48    7. The agency administering detention for each county and the city  of
    49  New  York shall submit to the office of children and family services, at
    50  such times and in such form and manner and containing  such  information
    51  as  required  by  the  office of children and family services, an annual
    52  report on youth remanded pursuant to article three or seven of the fami-
    53  ly court act who are  detained  during  each  calendar  year  including,
    54  commencing  January  first,  two thousand twelve, the risk level of each
    55  detained youth as assessed by a  detention  risk  assessment  instrument
    56  approved  by the office of children and family services.  The office may
        A. 4876                            81
 
     1  require that such data on detention use be submitted to the office elec-
     2  tronically. Such report shall include, but not be limited to, the reason
     3  for the court's determination in accordance with section 320.5 or  seven
     4  hundred  thirty-nine  of  the family court act, if applicable, to detain
     5  the youth; the offense or offenses with which the youth is charged;  and
     6  all  other  reasons  why  the  youth  remains detained. The office shall
     7  submit a compilation of all the separate reports to the governor and the
     8  legislature.
     9    8. Notwithstanding any other provisions of law to the contrary,  state
    10  reimbursement  shall  be  made  available  for  one hundred percent of a
    11  municipality's eligible  expenditures  for  the  care,  maintenance  and
    12  supervision  of  youth  sixteen  years of age or older in non-secure and
    13  secure detention facilities when such detention would not otherwise have
    14  occurred absent the provisions of a chapter of the laws of two  thousand
    15  seventeen  that increased the age of juvenile jurisdiction above fifteen
    16  years of age.
    17    § 99. Section 109-c of the  vehicle  and  traffic  law,  as  added  by
    18  section  1  of  part  E of chapter 60 of the laws of 2005, is amended to
    19  read as follows:
    20    § 109-c.  Conviction.   1. Any conviction as  defined  in  subdivision
    21  thirteen of section 1.20 of the criminal procedure law; provided, howev-
    22  er, where a conviction or administrative finding in this state or anoth-
    23  er  state  results in a mandatory sanction against a commercial driver's
    24  license, as set forth in sections five hundred ten, five hundred  ten-a,
    25  eleven  hundred  ninety-two and eleven hundred ninety-four of this chap-
    26  ter, conviction shall also mean an unvacated adjudication of guilt, or a
    27  determination that a person has violated or failed to  comply  with  the
    28  law  in a court of original jurisdiction or by an authorized administra-
    29  tive tribunal, an unvacated forfeiture of bail or  collateral  deposited
    30  to  secure  the  person's  appearance in court, a plea of guilty or nolo
    31  contendere accepted by the court, the payment of a fine or  court  cost,
    32  or  violation  of  a  condition  of  release without bail, regardless of
    33  whether or not the penalty is rebated, suspended, or probated.
    34    2. A conviction shall include a juvenile delinquency adjudication  for
    35  the  purposes  of sections five hundred ten; subdivision five of section
    36  five hundred eleven; five hundred fourteen; five hundred twenty-three-a;
    37  subparagraph (ii) of paragraph (b) of subdivision one of section  eleven
    38  hundred  ninety-three; subdivision two of section eleven hundred ninety-
    39  three; eleven hundred ninety-six; eleven  hundred  ninety-eight;  eleven
    40  hundred  ninety-eight-a;  eleven  hundred  ninety-nine; eighteen hundred
    41  eight; eighteen hundred nine;  eighteen  hundred  nine-c;  and  eighteen
    42  hundred  nine-e  of this chapter and paragraph (a) of subdivision six of
    43  section sixty-five-b of the alcoholic  beverage  control  law  only  and
    44  solely  for  the purposes of allowing the family court to impose license
    45  and registration sanctions, ignition  interlock  devices,  any  drug  or
    46  alcohol  rehabilitation program, victim impact program, driver responsi-
    47  bility assessment, victim assistance fee, surcharge, and issuing a  stay
    48  order  on  appeal.  Nothing  in  this  subdivision shall be construed as
    49  limiting or precluding the enforcement of section eleven  hundred  nine-
    50  ty-two-a of this chapter against a person under the age of twenty-one.
    51    § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
    52  amended  by  chapter  132  of  the  laws  of 1986, is amended to read as
    53  follows:
    54    1. Who may suspend or revoke. Any magistrate, justice or judge,  in  a
    55  city,  in a town, or in a village, any supreme court justice, any county
    56  judge, any judge of a district court, any family court judge, the super-
        A. 4876                            82
 
     1  intendent of state police and the commissioner of motor vehicles or  any
     2  person  deputized  by  him,  shall  have  power to revoke or suspend the
     3  license to drive a motor vehicle or motorcycle of any person, or in  the
     4  case of an owner, the registration, as provided herein.
     5    §  100-a.  Severability.  If any clause, sentence, paragraph, subdivi-
     6  sion, section or part contained  in  any  part  of  this  act  shall  be
     7  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     8  judgment shall not affect, impair, or invalidate the remainder  thereof,
     9  but  shall  be  confined in its operation to the clause, sentence, para-
    10  graph, subdivision, section  or  part  contained  in  any  part  thereof
    11  directly  involved  in the controversy in which such judgment shall have
    12  been rendered. It is hereby declared to be the intent of the legislature
    13  that this act would have been enacted even if  such  invalid  provisions
    14  had not been included herein.
    15    §  101.  This  act  shall  take effect immediately; provided, however,
    16  that:
    17    1. sections one through twenty-four, twenty-six  through  fifty-eight,
    18  fifty-nine,  sixty-one  through sixty-three-l, sixty-three-m, sixty-six,
    19  sixty-eight through seventy-six, eighty  through  eighty-seven,  eighty-
    20  eight,  eighty-nine  and  ninety through one hundred-a of this act shall
    21  take effect on January 1, 2019;
    22    2.  sections sixty-seven, seventy-seven, seventy-eight,  and  seventy-
    23  nine  of  this  act shall take effect on the sixtieth day after it shall
    24  have become a law;
    25    3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
    26  1 of section 409-a of the social services law, made by section fifty-two
    27  of this act shall survive the expiration of such  subparagraph  pursuant
    28  to section 28 of part C of chapter 83 of the laws of 2002, as amended;
    29    4.  the  amendments  to  subdivision  4 of section 353.5 of the family
    30  court act made by section twenty-four of this act shall not  affect  the
    31  expiration  and  reversion of such subdivision pursuant to section 11 of
    32  subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
    33  shall  expire  and be deemed repealed therewith, when upon such date the
    34  provisions of section twenty-five of this act shall take effect;
    35    5. the amendments to section 153-k of the social services law made  by
    36  section  forty-seven  of  this  act  shall not affect the repeal of such
    37  section and shall expire and be deemed repealed therewith;
    38    6. the amendments to section 404 of the social services  law  made  by
    39  section  fifty-one  of  this  act  shall  not  affect the repeal of such
    40  section and shall expire and be deemed repealed therewith;
    41    7.  the amendments to subdivision 1 of section 70.20 of the penal  law
    42  made  by section fifty-eight of this act shall not affect the expiration
    43  of such subdivision and shall expire and be deemed repealed therewith;
    44    8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
    45  of  the  penal  law made by section sixty-a of this act shall not affect
    46  the expiration of such paragraph and shall be deemed  to  expire  there-
    47  with;
    48    8-a. if chapter 492 of the laws of 2016 shall not have taken effect on
    49  or  before  such  date  then section sixty-three-l-one of this act shall
    50  take effect on the same date and in the same manner as such  chapter  of
    51  the laws of 2016, takes effect;
    52    9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
    53  section  3214  of the education law made by section eighty-seven of this
    54  act shall not affect the expiration  and  reversion  of  such  paragraph
    55  pursuant  to  section  4 of chapter 425 of the laws of 2002, as amended,
    56  when upon such date the provisions of section eighty-seven-a of this act
        A. 4876                            83
 
     1  shall take effect; provided, however if such date of reversion is  prior
     2  to January 1, 2019, section eighty-seven-a of this act shall take effect
     3  on January 1, 2019; and
     4    10. the amendments to the second undesignated paragraph of subdivision
     5  4  of  section  246  of the executive law made by section eighty-nine of
     6  this act shall not affect the expiration and reversion of such paragraph
     7  pursuant to subdivision aa of section 427 of chapter 55 of the  laws  of
     8  1992,  as amended, when upon such date the provisions of section eighty-
     9  nine-a of this act shall take effect; provided, however if such date  of
    10  reversion is prior to January 1, 2019, section eighty-nine-a of this act
    11  shall take effect on January 1, 2019.

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