Bill Text: NY A02281 | 2019-2020 | 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) 2020-07-14 - enacting clause stricken [A02281 Detail]

Download: New_York-2019-A02281-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2281
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        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
    22  may  preside over any matters related to a juvenile delinquency proceed-
    23  ing, including matters affecting dispositions imposed by another judge.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00435-01-9

        A. 2281                             2
     1    5. The provisions of this section shall not be waived.
     2    §  2. Section 355.4 of the family court act is amended by adding a new
     3  subdivision 6 to read as follows:
     4    6. When a respondent is placed at the Monroe county  juvenile  justice
     5  center  through  the  office of children and family services, the Monroe
     6  county juvenile justice center shall  possess  the  consent  to  provide
     7  routine  medical,  dental  and  mental  health services and treatment as
     8  granted by the office of children and family services pursuant  to  this
     9  section.
    10    §  3.  Section  501  of the executive law is amended by adding two new
    11  subdivisions 3-a and 4-a to read as follows:
    12    3-a. To enter into a memorandum of understanding with  the  county  of
    13  Monroe  for  such  county  to  establish, operate and maintain a limited
    14  secure placement facility.
    15    4-a. To inspect and certify the Monroe county juvenile justice  center
    16  limited secure placement facility.
    17    §  4.  Section  505  of  the  executive law is amended by adding a new
    18  subdivision 4 to read as follows:
    19    4. The director of the Monroe county juvenile justice center shall  be
    20  appointed by the Monroe county director of social services.
    21    §  5.  Article  19-G  of  the executive law is amended by adding a new
    22  title 2-A to read as follows:
    23                                  TITLE 2-A
    24                    MONROE COUNTY JUVENILE JUSTICE CENTER
    25  Section 509-a. Monroe county juvenile justice center established.
    26          509-b. Definitions.
    27          509-c. Juvenile justice center specifications.
    28          509-d. Equal employment opportunities for  minority  and  women-
    29                   owned business enterprises.
    30          509-e. Prevailing wage requirements.
    31          509-f. Juvenile  probation  investigation and diagnostic assess-
    32                   ment.
    33          509-g. Substance and alcohol abuse treatment of juveniles.
    34          509-h. Health services and education.
    35          509-i. Educational components of the juvenile justice center.
    36          509-j. Juvenile justice center oversight.
    37          509-k. State reimbursement of funds.
    38    § 509-a. Monroe county juvenile  justice  center  established.  Monroe
    39  county  shall operate and maintain a limited secure facility to be known
    40  as the Monroe county juvenile justice center, for the placement of juve-
    41  nile delinquents placed with the office of children and family  services
    42  by the Monroe county family court.
    43    §  509-b. Definitions. For purposes of this title, the following words
    44  shall have the following meanings:
    45    1. "center" shall mean the Monroe county juvenile justice center.
    46    2. "commissioner" shall mean the commissioner of the office  of  chil-
    47  dren and family services.
    48    3.  "director"  shall  mean the director of the Monroe county juvenile
    49  justice center appointed pursuant to subdivision four  of  section  five
    50  hundred five of this article.
    51    §  509-c. Juvenile justice center specifications. The juvenile justice
    52  center established pursuant to section five hundred nine-a of this title
    53  shall consist of the following:
    54    1. No more than sixty beds to be used  for  juveniles  who  have  been
    55  placed in the juvenile justice center; and

        A. 2281                             3
     1    2.  No  more  than  seventy-five beds to be used for juveniles who are
     2  being detained at the juvenile justice center and are awaiting placement
     3  or adjudication.
     4    §  509-d.  Equal employment opportunities for minority and women-owned
     5  business enterprises. 1. All contracts entered into by the center pursu-
     6  ant to this title of whatever nature and all documents  soliciting  bids
     7  or  proposals  therefor shall contain or make reference to the following
     8  provisions:
     9    (a) The contractor will not discriminate against employees  or  appli-
    10  cants  for  employment  because  of race, creed, color, national origin,
    11  sex, age, disability, or marital status, and will undertake or  continue
    12  existing  programs  of  affirmative action to ensure that minority group
    13  persons and women are afforded equal opportunity without discrimination.
    14  Such programs shall include, but not be limited to, recruitment, employ-
    15  ment, job assignment, promotion, upgrading, demotion, transfer,  layoff,
    16  termination,  rates of pay or other forms of compensation, and selection
    17  for training and retraining,  including  apprenticeship  and  on-the-job
    18  training.
    19    (b)  The contractor shall request each employment agency, labor union,
    20  or authorized representative of workers with which it has  a  collective
    21  bargaining  or other agreement or understanding and which is involved in
    22  the performance of the contract with the center  to  furnish  a  written
    23  statement  that  such  employment  agency, labor union or representative
    24  shall not discriminate because of race, creed, color,  national  origin,
    25  sex,  age, disability or marital status and that such union or represen-
    26  tative will cooperate in the implementation of  the  contractor's  obli-
    27  gations hereunder.
    28    (c) The contractor shall state, in all solicitations or advertisements
    29  for  employees  placed by or on behalf of the contractor in the perform-
    30  ance of the contract with the center that all qualified applicants  will
    31  be  afforded equal employment opportunity without discrimination because
    32  of race, creed, color, national origin, sex, age, disability or  marital
    33  status.
    34    (d) The contractor will include the provisions of this subdivision and
    35  subdivisions  two  and  three  of  this  section in every subcontract or
    36  purchase order in such a manner that such  provisions  will  be  binding
    37  upon  each subcontractor or vendor as to its work in connection with the
    38  contract with the center.
    39    2. The county shall establish measures, procedures and  guidelines  to
    40  ensure that contractors and subcontractors undertake meaningful programs
    41  to  employ  and promote qualified minority group members and women. Such
    42  procedures  may  require  after  notice  in  a  bid  solicitation,   the
    43  submission  of  a minority and women workforce utilization program prior
    44  to the award of any contract, or at any time thereafter, and may require
    45  the submission of compliance  reports  relating  to  the  operation  and
    46  implementation  of  any workforce utilization program adopted hereunder.
    47  The county shall take appropriate action, including the  impositions  of
    48  sanctions  for  non-compliance  to  effectuate  the  provisions  of this
    49  section and shall be responsible for  monitoring  compliance  with  this
    50  title.
    51    3. In the performance of projects pursuant to this title, minority and
    52  women-owned  business  enterprises  shall  be  given the opportunity for
    53  meaningful participation. The county shall establish quantifiable stand-
    54  ards and measures and procedures to secure meaningful participation  and
    55  identify  those  contracts  and  items  of  work  for which minority and
    56  women-owned business enterprises may best bid to actively  and  affirma-

        A. 2281                             4
     1  tively  promote  and  assist  their  participation in projects, so as to
     2  facilitate the award of a fair share of contracts to  such  enterprises;
     3  provided,  however,  that  nothing  in  this title shall be construed to
     4  limit  the  ability  of the county to assure that qualified minority and
     5  women-owned business enterprises may participate  in  the  program.  For
     6  purposes  hereof,  minority  business enterprise shall mean any business
     7  enterprise which is at least fifty-one per centum owned by,  or  in  the
     8  case  of a publicly owned business, at least fifty-one per centum of the
     9  stock or other voting interest is owned by citizens or  permanent  resi-
    10  dent  aliens  who  are  Black, Hispanic, Asian, American Indian, Pacific
    11  Islander, or Alaskan  Native,  and  such  ownership  interest  is  real,
    12  substantial  and  continuing  and  has  the  authority  to independently
    13  control the day to day business decisions of the entity for at least one
    14  year; and women-owned business enterprise shall mean any business enter-
    15  prise which is at least fifty-one per centum owned by, or in the case of
    16  a publicly owned business, at least fifty-one per centum of the stock to
    17  other voting interests of which is owned by citizens or permanent  resi-
    18  dent aliens who are women, and such ownership interest is real, substan-
    19  tial  and  continuing and has the authority to independently control the
    20  day to day business decisions of the entity for at least one year.
    21    The provisions of this subdivision shall not be construed to limit the
    22  ability of any minority business enterprise to bid on any contract.
    23    4. In order to implement  the  requirements  and  objectives  of  this
    24  section,  the  county  shall establish procedures to monitor contractors
    25  compliance with  provisions  hereof,  provide  assistance  in  obtaining
    26  competing  qualified  minority  and  women-owned business enterprises to
    27  perform contracts proposed to be awarded, impose  contractual  sanctions
    28  for  non-compliance,  and take other appropriate measures to improve the
    29  access  of  minority  and  women-owned  business  enterprises  to  these
    30  contracts.
    31    §  509-e. Prevailing wage requirements. In the construction and devel-
    32  opment of the center, Monroe county must comply with the  provisions  of
    33  article eight of the labor law.
    34    §  509-f.  Juvenile probation investigation and diagnostic assessment.
    35  For every juvenile who is detained or placed in the center, a  probation
    36  investigation  and  a  diagnostic  assessment shall be performed on such
    37  juvenile. For the purposes of this section, the probation  investigation
    38  shall  include,  but  not  be  limited  to,  the history of the juvenile
    39  including previous conduct, the family situation, any  previous  psycho-
    40  logical  and  psychiatric  reports,  school  history, school adjustment,
    41  previous social assistance provided by voluntary or public agencies  and
    42  the response of the juvenile to such assistance, and any possible histo-
    43  ry  of  alcohol,  substance  or  sexual  abuse. For the purposes of this
    44  section, the diagnostic assessment shall include, but not be limited to,
    45  psychological tests  and  psychiatric  interviews  to  determine  mental
    46  capacity  and  achievement, emotional stability and mental disabilities.
    47  It shall include a clinical assessment of the situational  factors  that
    48  may  have  contributed  to  the  act  or  acts,  including  any alcohol,
    49  substance or sexual abuse of the juvenile. When feasible, expert opinion
    50  shall be rendered as to the risk presented by the juvenile to others  or
    51  himself,  with  a recommendation as to the need for a restrictive place-
    52  ment.
    53    § 509-g. Substance and alcohol  abuse  treatment  of  juveniles.    1.
    54  Screening,  evaluation  and  treatment  for  alcohol, cannabis and other
    55  substances. The center shall contract with one or more  community-based,
    56  not-for-profit   alcohol  and/or  substance  abuse  treatment  providers

        A. 2281                             5
     1  licensed by the office of alcoholism and  substance  abuse  services  to
     2  screen,  evaluate,  diagnose,  treat  and  provide  all  other necessary
     3  services to juveniles placed at the center who use, are exposed  to,  or
     4  at  risk from exposure to alcohol, cannabis or other substances. Screen-
     5  ing, evaluation, diagnosis, treatment and all other  necessary  services
     6  for  alcohol,  cannabis and other substance use, abuse or exposure shall
     7  be provided by appropriate health professionals licensed,  certified  or
     8  credentialed  by  the office of alcoholism and substance abuse services.
     9  The center shall give particular consideration to providers  of  alcohol
    10  and  substance abuse treatment services which demonstrate the ability to
    11  provide treatment services that effectively reduce  addiction  in  young
    12  people.
    13    a.  All juveniles shall be screened upon placement at the center using
    14  a protocol approved by the office  of  alcoholism  and  substance  abuse
    15  services  to  identify  any  use  of, exposure to, or risk from alcohol,
    16  cannabis or other substances. If a  family  court  probation  report  or
    17  diagnostic assessment provides all the required information necessary to
    18  screen  a  juvenile  for  any  use of, exposure to or risk from alcohol,
    19  cannabis or other substances, the report or assessment may be adopted in
    20  lieu of screening under this section.
    21    b. A juvenile identified by screening, family court probation  report,
    22  family  court  diagnostic  assessment  or family court order for use of,
    23  exposure to or risk from alcohol, cannabis or other substances shall  be
    24  evaluated  using  a  protocol  approved  by the office of alcoholism and
    25  substance abuse services to assess dependence on, use or  abuse  of,  or
    26  impairment  from exposure to alcohol, cannabis or other substances. If a
    27  family court probation report or diagnostic assessment provides all  the
    28  required information necessary to evaluate a juvenile for dependence on,
    29  abuse  of,  or  impairment  from  exposure to alcohol, cannabis or other
    30  substances, the report or assessment may be adopted in  lieu  of  evalu-
    31  ation under this section.
    32    c. The center shall provide treatment and other services to a juvenile
    33  (i)  who  is  diagnosed with alcohol, cannabis or other substance abuse,
    34  alcohol, cannabis or other substance dependence  or  other  psychoactive
    35  substance  use disorder and/or (ii) whose evaluation identifies evidence
    36  of developmental or functional impairment in  one  or  more  major  life
    37  areas  due  to  a  relationship  with  a significant other as defined in
    38  subdivision nineteen of section 1.03 of the mental hygiene law who uses,
    39  abuses or depends on alcohol, cannabis or other substances.
    40    d. The reasons for denial of treatment or services must be  documented
    41  in a written record kept by the center for a period of ten years.
    42    2.  Education about alcohol, cannabis and other substances. The center
    43  shall provide to all juveniles placed at the center education and  other
    44  prevention  services  about  the  risks  of  alcohol and substance abuse
    45  including the risks for children of  alcohol  and/or  substance  abusing
    46  persons  and  for others at high risk for alcohol and/or substance abuse
    47  problems.
    48    § 509-h. Health services and education. The center shall contract with
    49  a family planning clinic licensed  under  article  twenty-eight  of  the
    50  public health law to provide to both female and male juveniles as appro-
    51  priate:
    52    1. prompt and comprehensive reproductive health services including but
    53  not  limited  to  family planning; screening, diagnosis and treatment of
    54  sexually transmitted diseases; screening, diagnosis and treatment of HIV
    55  and AIDS; and gynecological and obstetrical services; and

        A. 2281                             6
     1    2. family life education programs including but not limited  to  human
     2  development,  sexuality,  physiology, reproductive health and contracep-
     3  tion, sexually transmitted diseases and HIV/AIDS, abstinence,  relation-
     4  ships, roles and psycho-sexual development.
     5    §  509-i.  Educational  components of the juvenile justice center. The
     6  center must provide every child placed in the  center  with  educational
     7  services  in accordance with the provisions of section four thousand two
     8  of the education law.
     9    § 509-j. Juvenile justice center oversight. 1. The office of  children
    10  and  family  services  shall be responsible for ensuring that the center
    11  meets all the necessary requirements including, but not limited to,  the
    12  educational  services  required  by  section five hundred nine-i of this
    13  title and the treatment requirements pursuant to  section  five  hundred
    14  nine-g of this title.
    15    2. The office of children and family services shall submit a report to
    16  the  temporary  president  of the senate and the speaker of the assembly
    17  one year after the opening of the center,  and  every  year  thereafter.
    18  Such report shall include at least the following:
    19    a.  Statistical  data regarding the number of children detained and/or
    20  placed at the center throughout the year;
    21    b. An analysis of the alcohol and substance abuse  treatment  programs
    22  offered  by  the  center,  and  a  summary  of the effectiveness of such
    23  programs on affected children;
    24    c. An analysis of the educational services  provided  by  the  center,
    25  including  statistical  data  regarding  the number of children who earn
    26  high school or general equivalency diplomas; and
    27    d. Information pertaining to the aftercare program and  the  placement
    28  of children into the workforce.
    29    3.  The  commissioner  shall  evaluate  the  center annually after the
    30  center has opened. The office of  children  and  family  services  shall
    31  conduct  two  visits  annually: one of which shall be announced, and one
    32  unannounced to ensure full compliance with state law, and to monitor and
    33  comment on the general health and well being of the youth at the facili-
    34  ty.  The commissioner is hereby authorized  to  terminate  the  center's
    35  operation  if  he  or she determines that it is in the best interests of
    36  the state, the county, and the children who are placed within the center
    37  to do so.
    38    § 509-k. State reimbursement of funds. Subject to  appropriation,  the
    39  state shall reimburse Monroe county for fifty percent of the costs asso-
    40  ciated with construction, implementation and maintenance of the center.
    41    §  6. Section 522 of the executive law, as added by chapter 552 of the
    42  laws of 1993, is amended to read as follows:
    43    § 522. Actions against persons rendering health care services  at  the
    44  request  of  the  [division]  office  of  children  and family services;
    45  defense and indemnification. The provisions of section seventeen of  the
    46  public officers law shall apply to any person holding a license to prac-
    47  tice  a  profession  pursuant  to  article  one  hundred thirty-one, one
    48  hundred thirty-one-B, one hundred thirty-two, one hundred  thirty-three,
    49  one  hundred  thirty-six,  one hundred thirty-seven, one hundred thirty-
    50  nine, one  hundred  forty-one,  one  hundred  forty-three,  one  hundred
    51  fifty-six or one hundred fifty-nine of the education law, who is render-
    52  ing  or has rendered professional services authorized under such license
    53  while acting at the request of the [division]  office  of  children  and
    54  family  services  or a facility of the [division] office of children and
    55  family services or at the  Monroe  county  juvenile  justice  center  in
    56  providing  health  care  and  treatment  or professional consultation to

        A. 2281                             7
     1  residents of [division] office of children and family  services  facili-
     2  ties,  or  to  infants  of residents while such infants are cared for in
     3  [division] office of children and family services facilities or  at  the
     4  Monroe  county  juvenile justice center pursuant to section five hundred
     5  sixteen of this [article]  subtitle,  without  regard  to  whether  such
     6  health care and treatment or professional consultation is provided with-
     7  in  or  without  [a  division] an office of children and family services
     8  facility.
     9    § 7. The executive law is amended by adding a  new  section  522-a  to
    10  read as follows:
    11    § 522-a. Training,  education and aftercare model program. 1.  For the
    12  purposes of this section, the following terms shall have  the  following
    13  meanings:
    14    (a)  "Commissioner" shall mean the commissioner of the office of chil-
    15  dren and family services.
    16    (b) "Program" shall mean the "training, education and aftercare  model
    17  (TEAM) program" authorized by subdivision two of this section.
    18    (c) "Juvenile delinquent" shall mean a person over seven and less than
    19  sixteen years of age, who, having committed an act that would constitute
    20  a  crime if committed by an adult, (i) is not criminally responsible for
    21  such conduct by reason of infancy, or (ii) is the defendant in an action
    22  ordered removed from a criminal court to the family  court  pursuant  to
    23  article seven hundred twenty-five of the criminal procedure law.
    24    (d)  "Contractor" shall mean not-for-profit or for-profit providers of
    25  enhanced interventions for juvenile delinquents  in  the  Monroe  county
    26  juvenile justice center.
    27    (e) "Center" shall mean the Monroe county juvenile justice center.
    28    2.  (a)  Monroe county is hereby authorized to establish the training,
    29  education and aftercare model (TEAM) program in the Monroe county  juve-
    30  nile  justice  center  to  reduce juvenile delinquent recidivism.   Such
    31  program shall be outcome-driven  and  use  recognized  treatment  models
    32  which  have  been  effective  in  serving and placing at-risk youth with
    33  multiple barriers to employment.
    34    (b) To accomplish the program objectives  of  paragraph  (a)  of  this
    35  subdivision,  technical assistance shall be provided to center staff and
    36  aftercare counselors to achieve the program  improvements  described  in
    37  paragraph  (c)  of this subdivision.   Monroe county may use contractors
    38  who have demonstrated effectiveness in serving and placing at-risk youth
    39  with multiple barriers to employment to provide such  technical  assist-
    40  ance, subject to a request for proposal.
    41    (c)  The  program  improvements sought shall include the following key
    42  components:
    43    (i)  Aftercare  and  follow-up  services.    Full-time  aftercare  and
    44  follow-up  services  shall  be  provided for the duration of the child's
    45  assigned aftercare and shall include, but not be  limited  to,  enhanced
    46  procedures for ensuring frequent contacts at each phase of aftercare; an
    47  automated  case management system; and the implementation of performance
    48  measures, as described in subdivision four of this section. The types of
    49  aftercare services provided shall include, but not be  limited  to,  job
    50  search  assistance  and  placement;  job  counseling; independent living
    51  placement and assistance; mentoring; family counseling and  support  for
    52  custodial  and  non-custodial parents; securing a school placement prior
    53  to release from a facility; and where applicable, outreach, referral and
    54  assistance in enrolling in the military or ROTC programs.
    55    (ii) Youth service plans.  Revised procedures shall be established for
    56  developing youth service plans to set goals and identify services neces-

        A. 2281                             8
     1  sary for post-release success.    Juvenile  delinquents  placed  in  the
     2  Monroe  county juvenile justice center shall have each intake assessment
     3  reviewed and expanded to include such plan within thirty days of assign-
     4  ment  to such center.  Such plan shall be developed in consultation with
     5  existing training and aftercare staff to ensure appropriate placement in
     6  education and all training-related services, in addition to  alcohol  or
     7  substance  abuse,  mental  health, or other services deemed necessary in
     8  the assessment and as a part of  ensuring  successful  intervention  and
     9  post-release  success.    The  plan  shall  be amended as appropriate to
    10  reflect changing service needs.
    11    (iii) Education services.  Technical assistance shall be  provided  on
    12  the  use  of  non-traditional open entry and self-paced education models
    13  such as, computer-assisted instruction. Such assistance shall  be  inte-
    14  grated with work-based training.
    15    (iv)  Training  services.  Technical  assistance  shall be provided to
    16  enhance the following types of employability and  socialization  skills:
    17  occupational  training  programs,  conflict resolution, behavior manage-
    18  ment, team work, discipline training, job search and interviewing  tech-
    19  niques, independent living skills, and substance abuse counseling.
    20    3. Such technical assistance provided shall include:
    21    (a) Advice and assistance to existing center staff in improving educa-
    22  tion  and  training related interventions, as described in subparagraphs
    23  (iii) and (iv) of paragraph (c) of subdivision two of  this  section  to
    24  support  successful aftercare and reintegration of youth into the commu-
    25  nity;
    26    (b) Assistance to center staff and aftercare counselors in  coordinat-
    27  ing  with  other  services  and accessing other funds to ensure juvenile
    28  delinquents are placed in any full-time combination of  school,  employ-
    29  ment  in  unsubsidized or supported work, or further training activities
    30  within one week of release;
    31    (c) A review of training programs, as described in  subparagraph  (iv)
    32  of paragraph (c) of subdivision two of this section, along with an anal-
    33  ysis  of  related  programs that serve at-risk youth to upgrade existing
    34  training programs and to ensure the use of  state-of-the-art  equipment,
    35  integration with basic skills instruction, and a labor market demand for
    36  the job training provided; and
    37    (d)  The  development  of  procedures  to  ensure  that  the  outcomes
    38  described in subdivision four of this section are established, measured,
    39  and continually monitored for each juvenile delinquent.
    40    4. The program  shall  be  evaluated  on  achievement  of  performance
    41  outcomes and program effectiveness. The evaluation shall be conducted by
    42  a  research  institute within the greater Monroe county area with estab-
    43  lished expertise in juvenile justice programs and practices.  A  control
    44  site  shall  be  established  to  measure similar outcomes in a facility
    45  offering traditional services. The evaluation shall be based upon  juve-
    46  nile delinquent outcomes and the program's performance.
    47    (a)  Outcomes  shall  be  established  to measure performance for each
    48  juvenile delinquent at a minimum of two intervals--upon release  and  at
    49  least  twelve months after release. Such outcomes may include behavioral
    50  incentives and shall measure:
    51    (i) education and training gains while incarcerated  and  the  initial
    52  placement and wage rate upon release; and
    53    (ii) recidivism rates, employment status, and wage levels at least one
    54  year after release.
    55    (b)  The  program  shall  be  evaluated on the success of the juvenile
    56  delinquents based on the following measures:

        A. 2281                             9
     1    (i) job placement and twelve month retention rates  for  participants,
     2  regardless of whether employment has been with one or more employers;
     3    (ii)  wage  rates  at placement and twelve months after initial place-
     4  ment;
     5    (iii) learning gains based on pre- and post-testing;
     6    (iv) obtaining a high school diploma or its equivalent or returning to
     7  school; and
     8    (v) recidivism rates at selected intervals after release.
     9    5. No later than January first,  two  thousand  twenty-one,  and  each
    10  January  first  thereafter,  the  office of children and family services
    11  shall prepare and submit a report incorporating the evaluation  required
    12  by  subdivision  four  of  this section.   The report shall focus on the
    13  center, the number of  juvenile  delinquents  served,  demographic  data
    14  about  participating  delinquents,  including  but not limited to, race,
    15  ethnicity, language spoken at home, family income group and  information
    16  on  any  sibling  involvement  with family court, and the results of the
    17  program outcomes required by subdivision four  of  this  section.    The
    18  report  shall be submitted to the temporary president of the senate, the
    19  speaker of the assembly and the chairs of the senate and assembly  chil-
    20  dren  and families committees, the assembly ways and means committee and
    21  the senate finance committee.
    22    § 8. Subdivision 1 of section 529 of the executive law,  as  added  by
    23  chapter  906 of the laws of 1973, paragraph (c) as amended and paragraph
    24  (d) as added by chapter 881 of the laws of 1976, is amended to  read  as
    25  follows:
    26    1.  Definitions.  [As]  Except as provided for in section five hundred
    27  thirty-a of this title, as used in this section:
    28    (a) "authorized agency", "certified boarding home", "local charge" and
    29  "state charge" shall have the meaning ascribed  to  such  terms  by  the
    30  social services law;
    31    (b)  "aftercare  supervision"  shall  mean  supervision of released or
    32  discharged youth, not in foster care; [and,]
    33    (c) "foster care" shall mean residential care, maintenance and  super-
    34  vision  provided released or discharged youth, or youth otherwise in the
    35  custody of the [division  for  youth]  office  of  children  and  family
    36  services,  in  [a  division]  an  office of children and family services
    37  foster family home certified by [the division.] such office; and
    38    (d) "[division] office of children and family services  foster  family
    39  home"  means  a  service program provided in a home setting available to
    40  youth under the jurisdiction of the [division for youth] office of chil-
    41  dren and family services.
    42    § 9. Subdivision 1 of section 530 of the executive law, as amended  by
    43  section  4  of subpart B of part Q of chapter 58 of the laws of 2011, is
    44  amended to read as follows:
    45    1. Definitions. [As] Except as provided for in  section  five  hundred
    46  thirty-a of this title, as used in this section, the term "municipality"
    47  shall  mean  a  county,  or a city having a population of one million or
    48  more.
    49    § 10. The executive law is amended by adding a new  section  530-a  to
    50  read as follows:
    51    §  530-a.  Reimbursement for detention, placement and aftercare super-
    52  vision at the Monroe county juvenile justice center. 1.  Definitions. As
    53  used in this section, the terms "local charge" and "state charge"  shall
    54  have the same meaning ascribed to them in the social services law.
    55    2.  Expenditures  made by social services districts in providing care,
    56  maintenance and supervision to youth in detention facilities  designated

        A. 2281                            10
     1  pursuant  to  sections seven hundred twenty-four and 305.2 of the family
     2  court act and certified by the office of children and  family  services,
     3  shall  be  subject  to  reimbursement by the state upon approval by such
     4  office in accordance with its regulations, as follows:
     5    (a) the full amount expended by the district for care, maintenance and
     6  supervision of state charges;
     7    (b) fifty percent of the amount expended for the care, maintenance and
     8  supervision of local charges where counties conform with requirements of
     9  subdivision B of section two hundred eighteen-a of the county law.
    10    3.  Expenditures made by the Monroe county social services district in
    11  providing care, maintenance and  supervision  to  youth  placed  in  the
    12  Monroe  county juvenile justice center shall be subject to reimbursement
    13  by the state upon approval by the office of children and family services
    14  in accordance with its regulations, as follows:
    15    (a) the full amount expended by the district for care, maintenance and
    16  supervision of state charges;
    17    (b) fifty percent of the amount expended for the care, maintenance and
    18  supervision of local charges where counties conform with requirements of
    19  subdivision B of section two hundred eighteen-a of the county law.
    20    4. Expenditures made by the Monroe county social services district for
    21  aftercare supervision as defined in paragraph (b) of subdivision one  of
    22  section  five  hundred twenty-nine of this title provided to adjudicated
    23  juvenile delinquents by the Monroe county juvenile justice center  shall
    24  be  subject to reimbursement by the state upon approval by the office of
    25  children and family services in accordance with such office's rules  and
    26  regulations, as follows:
    27    (a) the full amount expended by the district for aftercare supervision
    28  of state charges; and
    29    (b)  fifty  percent  of the amount expended by the district for after-
    30  care supervision of local charges.
    31    § 11. This act shall take effect immediately and shall expire  and  be
    32  deemed  repealed  4  years  after  the  initial admittance of a child to
    33  detention or placement; provided that Monroe  county  shall  notify  the
    34  legislative  bill drafting commission of the date of such initial place-
    35  ment in order that the commission may maintain an  accurate  and  timely
    36  effective data base of the official text of the laws of the state of New
    37  York  in  furtherance  of  effecting the provisions of section 44 of the
    38  legislative law and section 70-b of the public officers law.
feedback