Bill Text: NY A00222 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the Monroe county juvenile justice center; establishes a limited secure placement facility for juveniles in Monroe county; authorizes the office of children and family services to enter into a memorandum of understanding with the county of Monroe for such county to establish, operate and maintain a limited secure placement facility and to inspect and certify the Monroe county juvenile justice center limited secure placement facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to children and families [A00222 Detail]

Download: New_York-2017-A00222-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           222
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Children and Families
        AN ACT to amend the family court act and the executive law, in  relation
          to the county of Monroe establishing a limited secure placement facil-
          ity  for  juveniles;  and  providing for the repeal of such provisions
          upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 340.2 of the family court act, as added by chapter
     2  920 of the laws of 1982, subdivision 3 as amended by chapter 173 of  the
     3  laws of 1999, is amended to read as follows:
     4    §  340.2.  Presiding judge. 1. The judge who presides at the commence-
     5  ment of the fact-finding hearing shall continue to  preside  until  such
     6  hearing  is  concluded  and  an  order entered pursuant to section 345.1
     7  unless a mistrial is declared.
     8    2. The judge who presides at the fact-finding hearing  or  accepts  an
     9  admission  pursuant  to  section 321.3 shall preside at any other subse-
    10  quent hearing in the proceeding, including but not limited to the dispo-
    11  sitional hearing.
    12    3. Notwithstanding the provisions of subdivision two, the rules of the
    13  family court shall provide for  the  assignment  of  the  proceeding  to
    14  another judge of the court when the appropriate judge cannot preside:
    15    (a)  by  reason  of illness, disability, vacation or no longer being a
    16  judge of the court in that county; or
    17    (b) by reason of removal from the proceeding due to bias, prejudice or
    18  similar grounds; or
    19    (c) because it is not practicable for the judge to preside.
    20    4.   Notwithstanding the provisions  of  subdivision  two,  any  judge
    21  presiding in the juvenile matters part of the Monroe county family court
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01444-01-7

        A. 222                              2
     1  may  preside over any matters related to a juvenile delinquency proceed-
     2  ing, including matters affecting dispositions imposed by another judge.
     3    5. The provisions of this section shall not be waived.
     4    §  2. Section 355.4 of the family court act is amended by adding a new
     5  subdivision 6 to read as follows:
     6    6. When a respondent is placed at the Monroe county  juvenile  justice
     7  center  through  the  office of children and family services, the Monroe
     8  county juvenile justice center shall  possess  the  consent  to  provide
     9  routine  medical,  dental  and  mental  health services and treatment as
    10  granted by the office of children and family services pursuant  to  this
    11  section.
    12    §  3.  Section  501  of the executive law is amended by adding two new
    13  subdivisions 3-a and 4-a to read as follows:
    14    3-a. To enter into a memorandum of understanding with  the  county  of
    15  Monroe  for  such  county  to  establish, operate and maintain a limited
    16  secure placement facility.
    17    4-a. To inspect and certify the Monroe county juvenile justice  center
    18  limited secure placement facility.
    19    §  4.  Section  505  of  the  executive law is amended by adding a new
    20  subdivision 4 to read as follows:
    21    4. The director of the Monroe county juvenile justice center shall  be
    22  appointed by the Monroe county director of social services.
    23    §  5.  Article  19-G  of  the executive law is amended by adding a new
    24  title 2-A to read as follows:
    25                                  TITLE 2-A
    26                    MONROE COUNTY JUVENILE JUSTICE CENTER
    27  Section 509-a. Monroe county juvenile justice center established.
    28          509-b. Definitions.
    29          509-c. Juvenile justice center specifications.
    30          509-d. Equal employment opportunities for  minority  and  women-
    31                   owned business enterprises.
    32          509-e. Prevailing wage requirements.
    33          509-f. Juvenile  probation  investigation and diagnostic assess-
    34                   ment.
    35          509-g. Substance and alcohol abuse treatment of juveniles.
    36          509-h. Health services and education.
    37          509-i. Educational components of the juvenile justice center.
    38          509-j. Juvenile justice center oversight.
    39          509-k. State reimbursement of funds.
    40    § 509-a. Monroe county juvenile  justice  center  established.  Monroe
    41  county  shall operate and maintain a limited secure facility to be known
    42  as the Monroe county juvenile justice center, for the placement of juve-
    43  nile delinquents placed with the office of children and family  services
    44  by the Monroe county family court.
    45    §  509-b. Definitions. For purposes of this title, the following words
    46  shall have the following meanings:
    47    1. "center" shall mean the Monroe county juvenile justice center.
    48    2. "commissioner" shall mean the commissioner of the office  of  chil-
    49  dren and family services.
    50    3.  "director"  shall  mean the director of the Monroe county juvenile
    51  justice center appointed pursuant to subdivision four  of  section  five
    52  hundred five of this chapter.
    53    §  509-c. Juvenile justice center specifications. The juvenile justice
    54  center established pursuant to section five hundred nine-a of this title
    55  shall consist of the following:

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     1    1. No more than sixty beds to be used  for  juveniles  who  have  been
     2  placed in the juvenile justice center; and
     3    2.  No  more  than  seventy-five beds to be used for juveniles who are
     4  being detained at the juvenile justice center and are awaiting placement
     5  or adjudication.
     6    § 509-d. Equal employment opportunities for minority  and  women-owned
     7  business enterprises. 1. All contracts entered into by the center pursu-
     8  ant  to  this title of whatever nature and all documents soliciting bids
     9  or proposals therefor shall contain or make reference to  the  following
    10  provisions:
    11    (a)  The  contractor will not discriminate against employees or appli-
    12  cants for employment because of race,  creed,  color,  national  origin,
    13  sex,  age, disability, or marital status, and will undertake or continue
    14  existing programs of affirmative action to ensure  that  minority  group
    15  persons and women are afforded equal opportunity without discrimination.
    16  Such programs shall include, but not be limited to, recruitment, employ-
    17  ment,  job assignment, promotion, upgrading, demotion, transfer, layoff,
    18  termination, rates of pay or other forms of compensation, and  selection
    19  for  training  and  retraining,  including apprenticeship and on-the-job
    20  training.
    21    (b) The contractor shall request each employment agency, labor  union,
    22  or  authorized  representative of workers with which it has a collective
    23  bargaining or other agreement or understanding and which is involved  in
    24  the  performance  of  the  contract with the center to furnish a written
    25  statement that such employment agency,  labor  union  or  representative
    26  shall  not  discriminate because of race, creed, color, national origin,
    27  sex, age, disability or marital status and that such union or  represen-
    28  tative  will  cooperate  in the implementation of the contractor's obli-
    29  gations hereunder.
    30    (c) The contractor shall state, in all solicitations or advertisements
    31  for employees placed by or on behalf of the contractor in  the  perform-
    32  ance  of the contract with the center that all qualified applicants will
    33  be afforded equal employment opportunity without discrimination  because
    34  of  race, creed, color, national origin, sex, age, disability or marital
    35  status.
    36    (d) The contractor will include the provisions of this subdivision and
    37  subdivisions two and three of  this  section  in  every  subcontract  or
    38  purchase  order  in  such  a manner that such provisions will be binding
    39  upon each subcontractor or vendor as to its work in connection with  the
    40  contract with the center.
    41    2.  The  county shall establish measures, procedures and guidelines to
    42  ensure that contractors and subcontractors undertake meaningful programs
    43  to employ and promote qualified minority group members and  women.  Such
    44  procedures   may  require  after  notice  in  a  bid  solicitation,  the
    45  submission of a minority and women workforce utilization  program  prior
    46  to the award of any contract, or at any time thereafter, and may require
    47  the  submission  of  compliance  reports  relating  to the operation and
    48  implementation of any workforce utilization program  adopted  hereunder.
    49  The  county  shall take appropriate action, including the impositions of
    50  sanctions for  non-compliance  to  effectuate  the  provisions  of  this
    51  section  and  shall  be  responsible for monitoring compliance with this
    52  title.
    53    3. In the performance of projects pursuant to this title, minority and
    54  women-owned business enterprises shall  be  given  the  opportunity  for
    55  meaningful participation. The county shall establish quantifiable stand-
    56  ards  and measures and procedures to secure meaningful participation and

        A. 222                              4
     1  identify those contracts and  items  of  work  for  which  minority  and
     2  women-owned  business  enterprises may best bid to actively and affirma-
     3  tively promote and assist their participation  in  projects,  so  as  to
     4  facilitate  the  award of a fair share of contracts to such enterprises;
     5  provided, however, that nothing in this  title  shall  be  construed  to
     6  limit  the  ability  of the county to assure that qualified minority and
     7  women-owned business enterprises may participate  in  the  program.  For
     8  purposes  hereof,  minority  business enterprise shall mean any business
     9  enterprise which is at least fifty-one per centum owned by,  or  in  the
    10  case  of a publicly owned business, at least fifty-one per centum of the
    11  stock or other voting interest is owned by citizens or  permanent  resi-
    12  dent  aliens  who  are  Black, Hispanic, Asian, American Indian, Pacific
    13  Islander, or Alaskan  Native,  and  such  ownership  interest  is  real,
    14  substantial  and  continuing  and  has  the  authority  to independently
    15  control the day to day business decisions of the entity for at least one
    16  year; and women-owned business enterprise shall mean any business enter-
    17  prise which is at least fifty-one per centum owned by, or in the case of
    18  a publicly owned business, at least fifty-one per centum of the stock to
    19  other voting interests of which is owned by citizens or permanent  resi-
    20  dent aliens who are women, and such ownership interest is real, substan-
    21  tial  and  continuing and has the authority to independently control the
    22  day to day business decisions of the entity for at least one year.
    23    The provisions of this subdivision shall not be construed to limit the
    24  ability of any minority business enterprise to bid on any contract.
    25    4. In order to implement  the  requirements  and  objectives  of  this
    26  section,  the  county  shall establish procedures to monitor contractors
    27  compliance with  provisions  hereof,  provide  assistance  in  obtaining
    28  competing  qualified  minority  and  women-owned business enterprises to
    29  perform contracts proposed to be awarded, impose  contractual  sanctions
    30  for  non-compliance,  and take other appropriate measures to improve the
    31  access  of  minority  and  women-owned  business  enterprises  to  these
    32  contracts.
    33    §  509-e. Prevailing wage requirements. In the construction and devel-
    34  opment of the center, Monroe county must comply with the  provisions  of
    35  article eight of the labor law.
    36    §  509-f.  Juvenile probation investigation and diagnostic assessment.
    37  For every juvenile who is detained or placed in the center, a  probation
    38  investigation  and  a  diagnostic  assessment shall be performed on such
    39  juvenile. For the purposes of this section, the probation  investigation
    40  shall  include,  but  not  be  limited  to,  the history of the juvenile
    41  including previous conduct, the family situation, any  previous  psycho-
    42  logical  and  psychiatric  reports,  school  history, school adjustment,
    43  previous social assistance provided by voluntary or public agencies  and
    44  the response of the juvenile to such assistance, and any possible histo-
    45  ry  of  alcohol,  substance  or  sexual  abuse. For the purposes of this
    46  section, the diagnostic assessment shall include, but not be limited to,
    47  psychological tests  and  psychiatric  interviews  to  determine  mental
    48  capacity  and  achievement, emotional stability and mental disabilities.
    49  It shall include a clinical assessment of the situational  factors  that
    50  may  have  contributed  to  the  act  or  acts,  including  any alcohol,
    51  substance or sexual abuse of the juvenile. When feasible, expert opinion
    52  shall be rendered as to the risk presented by the juvenile to others  or
    53  himself,  with  a recommendation as to the need for a restrictive place-
    54  ment.
    55    § 509-g. Substance and alcohol  abuse  treatment  of  juveniles.    1.
    56  Screening,  evaluation  and  treatment  for  alcohol, cannabis and other

        A. 222                              5
     1  substances. The center shall contract with one or more  community-based,
     2  not-for-profit   alcohol  and/or  substance  abuse  treatment  providers
     3  licensed by the office of alcoholism and  substance  abuse  services  to
     4  screen,  evaluate,  diagnose,  treat  and  provide  all  other necessary
     5  services to juveniles placed at the center who use, are exposed  to,  or
     6  at  risk from exposure to alcohol, cannabis or other substances. Screen-
     7  ing, evaluation, diagnosis, treatment and all other  necessary  services
     8  for  alcohol,  cannabis and other substance use, abuse or exposure shall
     9  be provided by appropriate health professionals licensed,  certified  or
    10  credentialed  by  the office of alcoholism and substance abuse services.
    11  The center shall give particular consideration to providers  of  alcohol
    12  and  substance abuse treatment services which demonstrate the ability to
    13  provide treatment services that effectively reduce  addiction  in  young
    14  people.
    15    a.  All juveniles shall be screened upon placement at the center using
    16  a protocol approved by the office  of  alcoholism  and  substance  abuse
    17  services  to  identify  any  use  of, exposure to, or risk from alcohol,
    18  cannabis or other substances. If a  family  court  probation  report  or
    19  diagnostic assessment provides all the required information necessary to
    20  screen  a  juvenile  for  any  use of, exposure to or risk from alcohol,
    21  cannabis or other substances, the report or assessment may be adopted in
    22  lieu of screening under this section.
    23    b. A juvenile identified by screening, family court probation  report,
    24  family  court  diagnostic  assessment  or family court order for use of,
    25  exposure to or risk from alcohol, cannabis or other substances shall  be
    26  evaluated  using  a  protocol  approved  by the office of alcoholism and
    27  substance abuse services to assess dependence on, use or  abuse  of,  or
    28  impairment  from exposure to alcohol, cannabis or other substances. If a
    29  family court probation report or diagnostic assessment provides all  the
    30  required information necessary to evaluate a juvenile for dependence on,
    31  abuse  of,  or  impairment  from  exposure to alcohol, cannabis or other
    32  substances, the report or assessment may be adopted in  lieu  of  evalu-
    33  ation under this section.
    34    c. The center shall provide treatment and other services to a juvenile
    35  (i)  who  is  diagnosed with alcohol, cannabis or other substance abuse,
    36  alcohol, cannabis or other substance dependence  or  other  psychoactive
    37  substance  use disorder and/or (ii) whose evaluation identifies evidence
    38  of developmental or functional impairment in  one  or  more  major  life
    39  areas  due  to  a  relationship  with  a significant other as defined in
    40  subdivision nineteen of section 1.03 of the mental hygiene law who uses,
    41  abuses or depends on alcohol, cannabis or other substances.
    42    d. The reasons for denial of treatment or services must be  documented
    43  in a written record kept by the center for a period of ten years.
    44    2.  Education about alcohol, cannabis and other substances. The center
    45  shall provide to all juveniles placed at the center education and  other
    46  prevention  services  about  the  risks  of  alcohol and substance abuse
    47  including the risks for children of  alcohol  and/or  substance  abusing
    48  persons  and  for others at high risk for alcohol and/or substance abuse
    49  problems.
    50    § 509-h. Health services and education. The center shall contract with
    51  a family planning clinic licensed  under  article  twenty-eight  of  the
    52  public health law to provide to both female and male juveniles as appro-
    53  priate:
    54    1. prompt and comprehensive reproductive health services including but
    55  not  limited  to  family planning; screening, diagnosis and treatment of

        A. 222                              6
     1  sexually transmitted diseases; screening, diagnosis and treatment of HIV
     2  and AIDS; and gynecological and obstetrical services; and
     3    2.  family  life education programs including but not limited to human
     4  development, sexuality, physiology, reproductive health  and  contracep-
     5  tion,  sexually transmitted diseases and HIV/AIDS, abstinence, relation-
     6  ships, roles and psycho-sexual development.
     7    § 509-i. Educational components of the juvenile  justice  center.  The
     8  center  must  provide  every child placed in the center with educational
     9  services in accordance with the provisions of section four thousand  two
    10  of the education law.
    11    §  509-j. Juvenile justice center oversight. 1. The office of children
    12  and family services shall be responsible for ensuring  that  the  center
    13  meets  all the necessary requirements including, but not limited to, the
    14  educational services required by section five  hundred  nine-i  of  this
    15  title  and  the  treatment requirements pursuant to section five hundred
    16  nine-g of this title.
    17    2. The office of children and family services shall submit a report to
    18  the temporary president of the senate and the speaker  of  the  assembly
    19  one  year  after  the  opening of the center, and every year thereafter.
    20  Such report shall include at least the following:
    21    a. Statistical data regarding the number of children  detained  and/or
    22  placed at the center throughout the year;
    23    b.  An  analysis of the alcohol and substance abuse treatment programs
    24  offered by the center, and  a  summary  of  the  effectiveness  of  such
    25  programs on affected children;
    26    c.  An  analysis  of  the educational services provided by the center,
    27  including statistical data regarding the number  of  children  who  earn
    28  high school or general equivalency diplomas; and
    29    d.  Information  pertaining to the aftercare program and the placement
    30  of children into the workforce.
    31    3. The commissioner shall  evaluate  the  center  annually  after  the
    32  center  has  opened.  The  office  of children and family services shall
    33  conduct two visits annually: one of which shall be  announced,  and  one
    34  unannounced to ensure full compliance with state law, and to monitor and
    35  comment on the general health and well being of the youth at the facili-
    36  ty.    The  commissioner  is hereby authorized to terminate the center's
    37  operation if he or she determines that it is in the  best  interests  of
    38  the state, the county, and the children who are placed within the center
    39  to do so.
    40    §  509-k.  State reimbursement of funds. Subject to appropriation, the
    41  state shall reimburse Monroe county for fifty percent of the costs asso-
    42  ciated with construction, implementation and maintenance of the center.
    43    § 6. Section 522 of the executive law, as added by chapter 552 of  the
    44  laws of 1993, is amended to read as follows:
    45    § 522. Actions  against  persons rendering health care services at the
    46  request of the  [division]  office  of  children  and  family  services;
    47  defense  and indemnification. The provisions of section seventeen of the
    48  public officers law shall apply to any person holding a license to prac-
    49  tice a profession  pursuant  to  article  one  hundred  thirty-one,  one
    50  hundred  thirty-one-B, one hundred thirty-two, one hundred thirty-three,
    51  one hundred thirty-six, one hundred thirty-seven,  one  hundred  thirty-
    52  nine,  one  hundred  forty-one,  one  hundred  forty-three,  one hundred
    53  fifty-six or one hundred fifty-nine of the education law, who is render-
    54  ing or has rendered professional services authorized under such  license
    55  while  acting  at  the  request of the [division] office of children and
    56  family services or a facility of the [division] office of  children  and

        A. 222                              7
     1  family  services  or  at  the  Monroe  county juvenile justice center in
     2  providing health care and  treatment  or  professional  consultation  to
     3  residents  of  [division] office of children and family services facili-
     4  ties,  or  to  infants  of residents while such infants are cared for in
     5  [division] office of children and family services facilities or  at  the
     6  Monroe  county  juvenile justice center pursuant to section five hundred
     7  sixteen of this [article]  subtitle,  without  regard  to  whether  such
     8  health care and treatment or professional consultation is provided with-
     9  in  or  without  [a  division] an office of children and family services
    10  facility.
    11    § 7. The executive law is amended by adding a  new  section  522-a  to
    12  read as follows:
    13    § 522-a. Training,  education and aftercare model program. 1.  For the
    14  purposes of this section, the following terms shall have  the  following
    15  meanings:
    16    (a)  "Commissioner" shall mean the commissioner of the office of chil-
    17  dren and family services.
    18    (b) "Program" shall mean the "training, education and aftercare  model
    19  (TEAM) program" authorized by subdivision two of this section.
    20    (c) "Juvenile delinquent" shall mean a person over seven and less than
    21  sixteen years of age, who, having committed an act that would constitute
    22  a  crime if committed by an adult, (i) is not criminally responsible for
    23  such conduct by reason of infancy, or (ii) is the defendant in an action
    24  ordered removed from a criminal court to the family  court  pursuant  to
    25  article seven hundred twenty-five of the criminal procedure law.
    26    (d)  "Contractor" shall mean not-for-profit or for-profit providers of
    27  enhanced interventions for juvenile delinquents  in  the  Monroe  county
    28  juvenile justice center.
    29    (e) "Center" shall mean the Monroe county juvenile justice center.
    30    2.  (a)  Monroe county is hereby authorized to establish the training,
    31  education and aftercare model (TEAM) program in the Monroe county  juve-
    32  nile  justice  center  to  reduce juvenile delinquent recidivism.   Such
    33  program shall be outcome-driven  and  use  recognized  treatment  models
    34  which  have  been  effective  in  serving and placing at-risk youth with
    35  multiple barriers to employment.
    36    (b) To accomplish the program objectives  of  paragraph  (a)  of  this
    37  subdivision,  technical assistance shall be provided to center staff and
    38  aftercare counselors to achieve the program  improvements  described  in
    39  paragraph  (c)  of this subdivision.   Monroe county may use contractors
    40  who have demonstrated effectiveness in serving and placing at-risk youth
    41  with multiple barriers to employment to provide such  technical  assist-
    42  ance, subject to a request for proposal.
    43    (c)  The  program  improvements sought shall include the following key
    44  components:
    45    (i)  Aftercare  and  follow-up  services.    Full-time  aftercare  and
    46  follow-up  services  shall  be  provided for the duration of the child's
    47  assigned aftercare and shall include, but not be  limited  to,  enhanced
    48  procedures for ensuring frequent contacts at each phase of aftercare; an
    49  automated  case management system; and the implementation of performance
    50  measures, as described in subdivision four of this section. The types of
    51  aftercare services provided shall include, but not be  limited  to,  job
    52  search  assistance  and  placement;  job  counseling; independent living
    53  placement and assistance; mentoring; family counseling and  support  for
    54  custodial  and  non-custodial parents; securing a school placement prior
    55  to release from a facility; and where applicable, outreach, referral and
    56  assistance in enrolling in the military or ROTC programs.

        A. 222                              8
     1    (ii) Youth service plans.  Revised procedures shall be established for
     2  developing youth service plans to set goals and identify services neces-
     3  sary for post-release success.    Juvenile  delinquents  placed  in  the
     4  Monroe  county juvenile justice center shall have each intake assessment
     5  reviewed and expanded to include such plan within thirty days of assign-
     6  ment  to such center.  Such plan shall be developed in consultation with
     7  existing training and aftercare staff to ensure appropriate placement in
     8  education and all training-related services, in addition to  alcohol  or
     9  substance  abuse,  mental  health, or other services deemed necessary in
    10  the assessment and as a part of  ensuring  successful  intervention  and
    11  post-release  success.    The  plan  shall  be amended as appropriate to
    12  reflect changing service needs.
    13    (iii) Education services.  Technical assistance shall be  provided  on
    14  the  use  of  non-traditional open entry and self-paced education models
    15  such as, computer-assisted instruction. Such assistance shall  be  inte-
    16  grated with work-based training.
    17    (iv)  Training  services.  Technical  assistance  shall be provided to
    18  enhance the following types of employability and  socialization  skills:
    19  occupational  training  programs,  conflict resolution, behavior manage-
    20  ment, team work, discipline training, job search and interviewing  tech-
    21  niques, independent living skills, and substance abuse counseling.
    22    3. Such technical assistance provided shall include:
    23    (a) Advice and assistance to existing center staff in improving educa-
    24  tion  and  training related interventions, as described in subparagraphs
    25  (iii) and (iv) of paragraph (c) of subdivision two of  this  section  to
    26  support  successful aftercare and reintegration of youth into the commu-
    27  nity;
    28    (b) Assistance to center staff and aftercare counselors in  coordinat-
    29  ing  with  other  services  and accessing other funds to ensure juvenile
    30  delinquents are placed in any full-time combination of  school,  employ-
    31  ment  in  unsubsidized or supported work, or further training activities
    32  within one week of release;
    33    (c) A review of training programs, as described in  subparagraph  (iv)
    34  of paragraph (c) of subdivision two of this section, along with an anal-
    35  ysis  of  related  programs that serve at-risk youth to upgrade existing
    36  training programs and to ensure the use of  state-of-the-art  equipment,
    37  integration with basic skills instruction, and a labor market demand for
    38  the job training provided; and
    39    (d)  The  development  of  procedures  to  ensure  that  the  outcomes
    40  described in subdivision four of this section are established, measured,
    41  and continually monitored for each juvenile delinquent.
    42    4. The program  shall  be  evaluated  on  achievement  of  performance
    43  outcomes and program effectiveness. The evaluation shall be conducted by
    44  a  research  institute within the greater Monroe county area with estab-
    45  lished expertise in juvenile justice programs and practices.  A  control
    46  site  shall  be  established  to  measure similar outcomes in a facility
    47  offering traditional services. The evaluation shall be based upon  juve-
    48  nile delinquent outcomes and the program's performance.
    49    (a)  Outcomes  shall  be  established  to measure performance for each
    50  juvenile delinquent at a minimum of two intervals--upon release  and  at
    51  least  twelve months after release. Such outcomes may include behavioral
    52  incentives and shall measure:
    53    (i) education and training gains while incarcerated  and  the  initial
    54  placement and wage rate upon release; and
    55    (ii) recidivism rates, employment status, and wage levels at least one
    56  year after release.

        A. 222                              9
     1    (b)  The  program  shall  be  evaluated on the success of the juvenile
     2  delinquents based on the following measures:
     3    (i)  job  placement and twelve month retention rates for participants,
     4  regardless of whether employment has been with one or more employers;
     5    (ii) wage rates at placement and twelve months  after  initial  place-
     6  ment;
     7    (iii) learning gains based on pre- and post-testing;
     8    (iv) obtaining a high school diploma or its equivalent or returning to
     9  school; and
    10    (v) recidivism rates at selected intervals after release.
    11    5.  No later than January first, two thousand nineteen, and each Janu-
    12  ary first thereafter, the office of children and family  services  shall
    13  prepare  and  submit  a  report incorporating the evaluation required by
    14  subdivision four of this section.  The report shall focus on the center,
    15  the number  of  juvenile  delinquents  served,  demographic  data  about
    16  participating  delinquents, including but not limited to, race, ethnici-
    17  ty, language spoken at home, family income group and information on  any
    18  sibling  involvement  with  family court, and the results of the program
    19  outcomes required by subdivision four of this section.  The report shall
    20  be submitted to the temporary president of the senate,  the  speaker  of
    21  the  assembly  and  the  chairs  of the senate and assembly children and
    22  families committees, the assembly  ways  and  means  committee  and  the
    23  senate finance committee.
    24    §  8.  Subdivision  1 of section 529 of the executive law, as added by
    25  chapter 906 of the laws of 1973, paragraph (c) as amended and  paragraph
    26  (d)  as  added by chapter 881 of the laws of 1976, is amended to read as
    27  follows:
    28    1. Definitions. [As] Except as provided for in  section  five  hundred
    29  thirty-a of this title, as used in this section:
    30    (a) "authorized agency", "certified boarding home", "local charge" and
    31  "state  charge"  shall  have  the  meaning ascribed to such terms by the
    32  social services law;
    33    (b) "aftercare supervision" shall  mean  supervision  of  released  or
    34  discharged youth, not in foster care; [and,]
    35    (c)  "foster care" shall mean residential care, maintenance and super-
    36  vision provided released or discharged youth, or youth otherwise in  the
    37  custody  of  the  [division  for  youth]  office  of children and family
    38  services, in [a division] an office  of  children  and  family  services
    39  foster family home certified by [the division.] such office; and
    40    (d)  "[division]  office of children and family services foster family
    41  home" means a service program provided in a home  setting  available  to
    42  youth under the jurisdiction of the [division for youth] office of chil-
    43  dren and family services.
    44    §  9. Subdivision 1 of section 530 of the executive law, as amended by
    45  section 4 of subpart B of part Q of chapter 58 of the laws of  2011,  is
    46  amended to read as follows:
    47    1.  Definitions.  [As]  Except as provided for in section five hundred
    48  thirty-a of this title, as used in this section, the term "municipality"
    49  shall mean a county, or a city having a population  of  one  million  or
    50  more.
    51    §  10.  The  executive law is amended by adding a new section 530-a to
    52  read as follows:
    53    § 530-a. Reimbursement for detention, placement and  aftercare  super-
    54  vision at the Monroe county juvenile justice center. 1.  Definitions. As
    55  used  in this section, the terms "local charge" and "state charge" shall
    56  have the same meaning ascribed to them in the social services law.

        A. 222                             10
     1    2. Expenditures made by social services districts in  providing  care,
     2  maintenance  and supervision to youth in detention facilities designated
     3  pursuant to sections seven hundred twenty-four and 305.2 of  the  family
     4  court  act  and certified by the office of children and family services,
     5  shall  be  subject  to  reimbursement by the state upon approval by such
     6  office in accordance with its regulations, as follows:
     7    (a) the full amount expended by the district for care, maintenance and
     8  supervision of state charges;
     9    (b) fifty percent of the amount expended for the care, maintenance and
    10  supervision of local charges where counties conform with requirements of
    11  subdivision B of section two hundred eighteen-a of the county law.
    12    3. Expenditures made by the Monroe county social services district  in
    13  providing  care,  maintenance  and  supervision  to  youth placed in the
    14  Monroe county juvenile justice center shall be subject to  reimbursement
    15  by the state upon approval by the office of children and family services
    16  in accordance with its regulations, as follows:
    17    (a) the full amount expended by the district for care, maintenance and
    18  supervision of state charges;
    19    (b) fifty percent of the amount expended for the care, maintenance and
    20  supervision of local charges where counties conform with requirements of
    21  subdivision B of section two hundred eighteen-a of the county law.
    22    4. Expenditures made by the Monroe county social services district for
    23  aftercare  supervision as defined in paragraph (b) of subdivision one of
    24  section five hundred twenty-nine of this title provided  to  adjudicated
    25  juvenile  delinquents by the Monroe county juvenile justice center shall
    26  be subject to reimbursement by the state upon approval by the office  of
    27  children  and family services in accordance with such office's rules and
    28  regulations, as follows:
    29    (a) the full amount expended by the district for aftercare supervision
    30  of state charges; and
    31    (b) fifty percent of the amount expended by the  district  for  after-
    32  care supervision of local charges.
    33    §  11.  This act shall take effect immediately and shall expire and be
    34  deemed repealed 4 years after the  initial  admittance  of  a  child  to
    35  detention  or  placement;  provided  that Monroe county shall notify the
    36  legislative bill drafting commission of the date of such initial  place-
    37  ment  in  order  that the commission may maintain an accurate and timely
    38  effective data base of the official text of the laws of the state of New
    39  York in furtherance of effecting the provisions of  section  44  of  the
    40  legislative law and section 70-b of the public officers law.
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