Bill Text: NY A07642 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to raising the age for prosecution of certain crimes.
Spectrum: Partisan Bill (Democrat 47-0)
Status: (Introduced - Dead) 2016-04-20 - print number 7642a [A07642 Detail]
Download: New_York-2015-A07642-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7642--A 2015-2016 Regular Sessions IN ASSEMBLY May 20, 2015 ___________ Introduced by M. of A. LENTOL, LUPARDO, HEASTIE, AUBRY, WEINSTEIN, O'DONNELL, FARRELL, HEVESI, BLAKE, SEPULVEDA, MOSLEY, RAMOS, HOOPER, COOK, PERRY, WRIGHT, ARROYO, ORTIZ, RIVERA, PEOPLES-STOKES, ROBINSON, TITUS, CRESPO, MOYA, KIM, ROZIC, SOLAGES, DAVILA, PICHARDO, LINARES, BARRON, BICHOTTE, DILAN, JEAN-PIERRE, JOYNER, WALKER, RICHARDSON, SIMON, ROSENTHAL, GOTTFRIED, WEPRIN, JAFFEE, TITONE, RODRIGUEZ, FAHY -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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 offen- der 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 juve- nile 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 confine- ment of persons under the age of eighteen; to amend the education law, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11310-07-6A. 7642--A 2 in relation to certain contracts with the office of children and fami- ly 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 registrations; and to repeal certain provisions of the correction law relating to the housing 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 125.2719(murder in the first degree); 125.25 (murder in the second degree);20135.25 (kidnapping in the first degree); or 150.20 (arson in the first21degree) of the penal law committed by a person thirteen, fourteen or22fifteen years of age; or such conduct committed as a sexually motivated23felony, where authorized pursuant to section 130.91 of the penal law;24(ii) defined in sections 120.10 (assault in the first degree); 125.2025(manslaughter in the first degree); 130.35 (rape in the first degree);26130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in27the second degree), but only where the abduction involved the use or28threat of use of deadly physical force; 150.15 (arson in the second29degree); or 160.15 (robbery in the first degree) of the penal law30committed by a person thirteen, fourteen or fifteen years of age; or31such conduct committed as a sexually motivated felony, where authorized32pursuant to section 130.91 of the penal law; (iii) defined in the penal33law as an attempt to commit murder in the first or second degree or34kidnapping in the first degree committed by a person thirteen, fourteen35or fifteen years of age; or such conduct committed as a sexually moti-36vated felony, where authorized pursuant to section 130.91 of the penal37law; (iv) defined in section 140.30 (burglary in the first degree);38subdivision one of section 140.25 (burglary in the second degree);39subdivision two of section 160.10 (robbery in the second degree) of the40penal law; or section 265.03 of the penal law, where such machine gun or41such firearm is possessed on school grounds, as that phrase is defined42in subdivision fourteen of section 220.00 of the penal law committed by43a person fourteen or fifteen years of age; or such conduct committed asA. 7642--A 3 1a sexually motivated felony, where authorized pursuant to section 130.912of the penal law; (v) defined in section 120.05 (assault in the second3degree) or 160.10 (robbery in the second degree) of the penal law4committed by a person fourteen or fifteen years of age but only where5there has been a prior finding by a court that such person has previous-6ly committed an act which, if committed by an adult, would be the crime7of assault in the second degree, robbery in the second degree or any8designated felony act specified in clause (i), (ii) or (iii) of this9subdivision regardless of the age of such person at the time of the10commission of the prior act; or (vi) other than a misdemeanor, committed11by a person at least seven but less than sixteen years of age, but only12where there has been two prior findings by the court that such person13has committed a prior act which, if committed by an adult would be a14felony] 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 than29sixteen years of age, who, having committed an act that would constitute30a crime if committed by an adult, (a) is not criminally responsible for31such conduct by reason of infancy, or (b) is the defendant in an action32ordered removed from a criminal court to the family court pursuant to33article 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. 7642--A 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 first3degree);] 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); 130.95 48 (predatory sexual assault); 130.96 (predatory sexual assault against a 49 child); 120.11 (aggravated assault upon a police officer or a peace 50 officer); 125.22 (aggravated manslaughter in the first degree); 130.75 51 (course of sexual conduct against a child in the first degree); 215.17 52 (intimidating a victim or witness in the first degree); 255.27 (incest 53 in the first degree); 265.04 (criminal possession of a weapon in the 54 first degree); 265.09 (criminal use of a firearm in the first degree); 55 265.13 (criminal sale of a firearm in the first degree); 490.35 (hinder- 56 ing prosecution of terrorism in the first degree); 490.40 (criminalA. 7642--A 5 1 possession of a chemical weapon or biological weapon in the second 2 degree); 490.47 (criminal use of a chemical weapon or biological weapon 3 in the third degree); 121.13 (strangulation in the first degree); 130.67 4 (aggravated sexual abuse in the second degree); 490.37 (criminal 5 possession of a chemical weapon or biological weapon in the third 6 degree); or 130.66 (aggravated sexual abuse in the third degree) of the 7 penal law; or such conduct committed as a sexually motivated felony, 8 where authorized pursuant to section 130.91 of the penal law committed 9 by a person sixteen or seventeen years old. 10 9. "Designated class A felony act" means a designated felony act 11 [defined in paragraph (i) of subdivision eight] that would constitute a 12 class A felony if committed by an adult. 13 § 6. Subdivision 1 of section 302.1 of the family court act, as added 14 by chapter 920 of the laws of 1982, is amended to read as follows: 15 1. The family court has exclusive original jurisdiction over any 16 proceeding to determine whether a person is a juvenile delinquent 17 commenced in family court and concurrent jurisdiction with the youth 18 part of a superior court over any such proceeding removed to the family 19 court pursuant to article seven hundred twenty-five of the criminal 20 procedure law. 21 § 6-a. Section 302.1 of the family court act is amended by adding a 22 new subdivision 3 to read as follows: 23 3. Whenever a crime and a traffic infraction arise out of the same 24 transaction or occurrence, a charge alleging both offenses may be made 25 returnable before the court having jurisdiction over the crime. Nothing 26 herein provided shall be construed to prevent a court, having jurisdic- 27 tion over a criminal charge relating to traffic or a traffic infraction, 28 from lawfully entering a judgment of conviction, whether or not based on 29 a plea of guilty, for an offense classified as a traffic infraction. 30 § 7. Section 304.1 of the family court act, as added by chapter 920 of 31 the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of 32 1987, is amended to read as follows: 33 § 304.1. Detention. 1. A facility certified by the state [division for34youth] office of children and family services as a juvenile detention 35 facility must be operated in conformity with the regulations of the 36 state [division for youth and shall be subject to the visitation and37inspection of the state board of social welfare] office of children and 38 family services. 39 2. No child to whom the provisions of this article may apply shall be 40 detained in any prison, jail, lockup, or other place used for adults 41 convicted of crime or under arrest and charged with crime without the 42 approval of the state [division for youth] office of children and family 43 services in the case of each child and the statement of its reasons 44 therefor. The state [division for youth] office of children and family 45 services shall promulgate and publish the rules which it shall apply in 46 determining whether approval should be granted pursuant to this subdivi- 47 sion. 48 3. [The detention of a child under ten years of age in a secure49detention facility shall not be directed under any of the provisions of50this article.514.] A detention facility which receives a child under subdivision four 52 of section 305.2 shall immediately notify the child's parent or other 53 person legally responsible for his or her care or, if such legally 54 responsible person is unavailable the person with whom the child 55 resides, that he or she has been placed in detention.A. 7642--A 6 1 § 8. Subdivision 1 of section 304.2 of the family court act, as added 2 by chapter 683 of the laws of 1984, is amended to read as follows: 3 (1) Upon application by the presentment agency, or upon application by 4 the probation service as part of the adjustment of a case, the court may 5 issue a temporary order of protection against a respondent for good 6 cause shown, ex parte or upon notice, at any time after a juvenile is 7 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu- 8 ance of an appearance ticket pursuant to section 307.1 or upon the 9 filing of a petition pursuant to section 310.1. 10 § 9. Subdivision 1 of section 305.1 of the family court act, as added 11 by chapter 920 of the laws of 1982, is amended to read as follows: 12 1. A private person may take a child [under the age of sixteen] who 13 may be subject to the provisions of this article for committing an act 14 that would be a crime if committed by an adult into custody in cases in 15 which [he] such private person may arrest an adult for a crime under 16 section 140.30 of the criminal procedure law. 17 § 10. Subdivision 2 of section 305.2 of the family court act, as added 18 by chapter 920 of the laws of 1982, is amended to read as follows: 19 2. An officer may take a child [under the age of sixteen] who may be 20 subject to the provisions of this article for committing an act that 21 would be a crime if committed by an adult into custody without a warrant 22 in cases in which [he] the officer may arrest a person for a crime under 23 article one hundred forty of the criminal procedure law. 24 § 11. Paragraph (b) of subdivision 4 of section 305.2 of the family 25 court act, as amended by chapter 492 of the laws of 1987, is amended to 26 read as follows: 27 (b) forthwith and with all reasonable speed take the child directly, 28 and without his first being taken to the police station house, to the 29 family court located in the county in which the act occasioning the 30 taking into custody allegedly was committed, or, when the family court 31 is not in session, to the most accessible magistrate, if any, designated 32 by the appellate division of the supreme court in the applicable depart- 33 ment to conduct a hearing under section 307.4 of this part, unless the 34 officer determines that it is necessary to question the child, in which 35 case he or she may take the child to a facility designated by the chief 36 administrator of the courts as a suitable place for the questioning of 37 children or, upon the consent of a parent or other person legally 38 responsible for the care of the child, to the child's residence and 39 there question him or her for a reasonable period of time; or 40 § 12. Subdivision 1 of section 306.1 of the family court act, as 41 amended by chapter 645 of the laws of 1996, is amended to read as 42 follows: 43 1. Following the arrest of a child alleged to be a juvenile delin- 44 quent, or the filing of a delinquency petition involving a child who has 45 not been arrested, the arresting officer or other appropriate police 46 officer or agency shall take or cause to be taken fingerprints of such 47 child if: 48 (a) the child is eleven years of age or older and the crime which is 49 the subject of the arrest or which is charged in the petition consti- 50 tutes a class [A or B] A-1 felony; [or] 51 (b) the child is twelve years of age or older and the crime which is 52 the subject of the arrest or which is charged in the petition consti- 53 tutes a class A or B felony; or 54 (c) the child is thirteen years of age or older and the crime which is 55 the subject of the arrest or which is charged in the petition consti- 56 tutes a class C, D or E felony.A. 7642--A 7 1 § 13. Section 307.3 of the family court act, as added by chapter 920 2 of the laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of 3 the laws of 1987, is amended to read as follows: 4 § 307.3. Rules of court authorizing release before filing of petition. 5 1. The agency responsible for operating a detention facility pursuant to 6 section two hundred eighteen-a of the county law, five hundred [ten-a] 7 three of the executive law or other applicable provisions of law, shall 8 release a child in custody before the filing of a petition to the custo- 9 dy of his or her parents or other person legally responsible for his or 10 her care, or if such legally responsible person is unavailable, to a 11 person with whom he or she resides, when the events occasioning the 12 taking into custody do not appear to involve allegations that the child 13 committed a delinquent act. 14 2. When practicable such agency may release a child before the filing 15 of a petition to the custody of his or her parents or other person 16 legally responsible for his or her care, or if such legally responsible 17 person is unavailable, to a person with whom he or she resides, when the 18 events occasioning the taking into custody appear to involve allegations 19 that the child committed a delinquent act; provided, however, that such 20 agency must release the child if: 21 (a) such events appear to involve only allegations that the child 22 committed acts that would constitute more than a violation but no more 23 than a misdemeanor if committed by an adult if: 24 (i) the alleged acts did not result in any physical injury as defined 25 in subdivision nine of section 10.00 of the penal law to another person; 26 and 27 (ii) the child was assessed at a low risk on the applicable detention 28 risk assessment instrument approved by the office of children and family 29 services unless the agency determines that detention is necessary 30 because the respondent otherwise poses an imminent risk to public safety 31 and states the reasons for such determination in the child's record; or 32 (b) such events appear to involve allegations that the child committed 33 acts that would constitute a felony if committed by an adult if: 34 (i) the alleged acts did not result in any physical injury as defined 35 in subdivision nine of section 10.00 of the penal law to another person; 36 (ii) the child does not have any prior adjudications for an act that 37 would constitute a felony if committed by an adult; 38 (iii) the child has no more than one prior adjudication for an act 39 that would constitute a misdemeanor if committed by an adult and that 40 act also did not result in any physical injury to another person; and 41 (iv) the child was assessed at a low risk on the applicable detention 42 risk assessment instrument approved by the office of children and family 43 services unless the agency determines that detention is necessary 44 because the respondent otherwise poses an imminent risk to public safety 45 and states the reasons for such determination in the child's record. 46 3. If a child is released under this section, the child and the person 47 legally responsible for his or her care shall be issued a family court 48 appearance ticket in accordance with section 307.1. 49 4. If the agency for any reason does not release a child under this 50 section, such child shall be brought before the appropriate family 51 court, or when such family court is not in session, to the most accessi- 52 ble magistrate, if any, designated by the appellate division of the 53 supreme court in the applicable department; provided, however, that if 54 such family court is not in session and if a magistrate is not avail- 55 able, such youth shall be brought before such family court within seven- 56 ty-two hours or the next day the court is in session, whichever is soon-A. 7642--A 8 1 er. Such agency shall thereupon file an application for an order 2 pursuant to section 307.4 and shall forthwith serve a copy of the appli- 3 cation upon the appropriate presentment agency. Nothing in this subdivi- 4 sion shall preclude the adjustment of suitable cases pursuant to section 5 308.1. 6 § 14. Section 308.1 of the family court act, as added by chapter 920 7 of the laws of 1982, subdivision 2 as amended by section 3 of part V of 8 chapter 55 of the laws of 2012, subdivision 4 as amended by chapter 264 9 of the laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of 10 the laws of 1983, and subdivision 6 as amended by chapter 663 of the 11 laws of 1985, is amended to read as follows: 12 § 308.1. [Rules of court for preliminary] Preliminary procedure; 13 adjustment of cases. 1. [Rules of court shall authorize and determine14the circumstances under which the] The probation service may confer with 15 any person seeking to have a juvenile delinquency petition filed, the 16 potential respondent and other interested persons concerning the advis- 17 ability of requesting that a petition be filed in accordance with this 18 section. 19 2. (a) Except as provided in subdivisions three [and], four, and thir- 20 teen of this section, the probation service [may, in accordance with21rules of court,] shall attempt to adjust [suitable cases] a case before 22 a petition is filed. Such attempts may include the use of a juvenile 23 review board comprised of appropriate community members to work with the 24 child and his or her family on developing recommended adjustment activ- 25 ities. The probation service may stop attempting to adjust such a case 26 if it determines that there is no substantial likelihood that the child 27 will benefit from attempts at adjustment in the time remaining for 28 adjustment or the time for adjustment has expired. 29 (b) The inability of the respondent or his or her family to make 30 restitution shall not be a factor in a decision to adjust a case or in a 31 recommendation to the presentment agency pursuant to subdivision six of 32 this section. 33 (c) Nothing in this section shall prohibit the probation service or 34 the court from directing a respondent to obtain employment and to make 35 restitution from the earnings from such employment. Nothing in this 36 section shall prohibit the probation service or the court from directing 37 an eligible person to complete an education reform program in accordance 38 with section four hundred fifty-eight-l of the social services law. 39 3. The probation service shall not attempt to adjust a case that 40 commenced in family court in which the child has allegedly committed a 41 designated felony act that involves allegations that the child caused 42 physical injury to a person unless [it] the probation service has 43 received the written approval of the court. 44 4. The probation service shall not attempt to adjust a case in which 45 the child has allegedly committed a delinquent act which would be a 46 crime defined in section 120.25, (reckless endangerment in the first 47 degree), subdivision one of section 125.15, (manslaughter in the second 48 degree), subdivision one of section 130.25, (rape in the third degree), 49 subdivision one of section 130.40, (criminal sexual act in the third 50 degree), subdivision one or two of section 130.65, (sexual abuse in the 51 first degree), section 135.65, (coercion in the first degree), section 52 140.20, (burglary in the third degree), section 150.10, (arson in the 53 third degree), section 160.05, (robbery in the third degree), subdivi- 54 sion two[,] or three [or four] of section 265.02, (criminal possession 55 of a weapon in the third degree), section 265.03, (criminal possession 56 of a weapon in the second degree), or section 265.04, (criminalA. 7642--A 9 1 possession of a [dangerous] weapon in the first degree) of the penal law 2 where the child has previously had one or more adjustments of a case in 3 which such child allegedly committed an act which would be a crime spec- 4 ified in this subdivision unless it has received written approval from 5 the court and the appropriate presentment agency. 6 5. The fact that a child is detained prior to the filing of a petition 7 shall not preclude the probation service from adjusting a case; upon 8 adjusting such a case the probation service shall notify the detention 9 facility to release the child. 10 6. The probation service shall not transmit or otherwise communicate 11 to the presentment agency any statement made by the child to a probation 12 officer. However, the probation service may make a recommendation 13 regarding adjustment of the case to the presentment agency and provide 14 such information, including any report made by the arresting officer and 15 record of previous adjustments and arrests, as it shall deem relevant. 16 7. No statement made to the probation service prior to the filing of a 17 petition may be admitted into evidence at a fact-finding hearing or, if 18 the proceeding is transferred to a criminal court, at any time prior to 19 a conviction. 20 8. The probation service may not prevent any person who wishes to 21 request that a petition be filed from having access to the appropriate 22 presentment agency for that purpose. 23 9. Efforts at adjustment [pursuant to rules of court] under this 24 section may not extend for a period of more than two months [without], 25 or, for a period of more than four months if the probation service 26 determines that adjustment beyond the first two months is warranted 27 because documented barriers to adjustment exist or changes need to be 28 made to the child's services plan, except upon leave of the court, which 29 may extend the adjustment period for an additional two months. 30 10. If a case is not adjusted by the probation service, such service 31 shall notify the appropriate presentment agency of that fact within 32 forty-eight hours or the next court day, whichever occurs later. 33 11. The probation service may not be authorized under this section to 34 compel any person to appear at any conference, produce any papers, or 35 visit any place. 36 12. The probation service shall certify to the division of criminal 37 justice services and to the appropriate police department or law 38 enforcement agency whenever it adjusts a case in which the potential 39 respondent's fingerprints were taken pursuant to section 306.1 in any 40 manner other than the filing of a petition for juvenile delinquency for 41 an act which, if committed by an adult, would constitute a felony, 42 provided, however, in the case of a child [eleven or] twelve years of 43 age, such certification shall be made only if the act would constitute a 44 class A or B felony, or, in the case of a child eleven years of age, 45 such certification shall be made only if the act would constitute a 46 class A-1 felony. 47 13. The [provisions of this section] probation service shall not 48 [apply] attempt to adjust a case where the petition is an order of 49 removal to the family court pursuant to article seven hundred twenty- 50 five of the criminal procedure law unless it has received the written 51 approval of the court. 52 14. Where written approval is required prior to adjustment attempts, 53 the probation department shall seek such approval. 54 § 15. Paragraph (c) of subdivision 3 of section 311.1 of the family 55 court act, as added by chapter 920 of the laws of 1982, is amended to 56 read as follows:A. 7642--A 10 1 (c) the fact that the respondent is a person [under sixteen years of] 2 of the necessary age to be a juvenile delinquent at the time of the 3 alleged act or acts; 4 § 16. Subdivision 1 of section 320.5 of the family court act, as added 5 by chapter 920 of the laws of 1982, is amended to read as follows: 6 1. At the initial appearance, the court in its discretion may (a) 7 release the respondent or (b) direct his detention. 8 § 17. Subdivision 3 of section 320.5 of the family court act is 9 amended by adding a new paragraph (a-1) to read as follows: 10 (a-1) Notwithstanding paragraph (a) of this subdivision, the court 11 shall not direct detention if: 12 (i) such events appear to involve only allegations that the child 13 committed acts that would constitute more than a violation but no more 14 than a misdemeanor if committed by an adult if: 15 (1) the alleged acts did not result in any physical injury as defined 16 in subdivision nine of section 10.00 of the penal law to another person; 17 and 18 (2) the child was assessed at a low risk on the applicable detention 19 risk assessment instrument approved by the office of children and family 20 services unless the agency determines that detention is necessary 21 because the respondent otherwise poses an imminent risk to public safety 22 and states the reasons for such determination in the child's record; or 23 (ii) such events appear to involve allegations that the child commit- 24 ted acts that would constitute a felony if committed by an adult if: 25 (1) the alleged acts did not result in any physical injury as defined 26 in subdivision nine of section 10.00 of the penal law to another person; 27 (2) the child does not have any prior adjudications for an act that 28 would constitute a felony if committed by an adult; 29 (3) the child has no more than one prior adjudication for an act that 30 would constitute a misdemeanor if committed by an adult and that act 31 also did not result in any physical injury to another person; and 32 (4) the child was assessed at a low risk on the applicable detention 33 risk assessment instrument approved by the office of children and family 34 services unless the agency determines that detention is necessary 35 because the respondent otherwise poses an imminent risk to public safety 36 and states the reasons for such determination in the child's record. 37 § 18. Subdivision 5 of section 322.2 of the family court act, as added 38 by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by 39 chapter 41 of the laws of 2010, is amended to read as follows: 40 5. (a) If the court finds that there is probable cause to believe 41 that the respondent committed a felony, it shall order the respondent 42 committed to the custody of the commissioner of mental health or the 43 commissioner of [mental retardation and] the office for people with 44 developmental disabilities for an initial period not to exceed one year 45 from the date of such order. Such period may be extended annually upon 46 further application to the court by the commissioner having custody or 47 his or her designee. Such application must be made not more than sixty 48 days prior to the expiration of such period on forms that have been 49 prescribed by the chief administrator of the courts. At that time, the 50 commissioner must give written notice of the application to the respond- 51 ent, the counsel representing the respondent and the mental hygiene 52 legal service if the respondent is at a residential facility. Upon 53 receipt of such application, the court must conduct a hearing to deter- 54 mine the issue of capacity. If, at the conclusion of a hearing conducted 55 pursuant to this subdivision, the court finds that the respondent is no 56 longer incapacitated, he or she shall be returned to the family courtA. 7642--A 11 1 for further proceedings pursuant to this article. If the court is satis- 2 fied that the respondent continues to be incapacitated, the court shall 3 authorize continued custody of the respondent by the commissioner for a 4 period not to exceed one year. Such extensions shall not continue beyond 5 a reasonable period of time necessary to determine whether the respond- 6 ent will attain the capacity to proceed to a fact finding hearing in the 7 foreseeable future but in no event shall continue beyond the respond- 8 ent's eighteenth birthday or, if the respondent was at least sixteen 9 years of age when the act was committed, beyond the respondent's twen- 10 ty-first birthday. 11 (b) If a respondent is in the custody of the commissioner upon the 12 respondent's eighteenth birthday, or if the respondent was at least 13 sixteen years of age when the act resulting in the respondent's place- 14 ment was committed, beyond the respondent's twenty-first birthday, the 15 commissioner shall notify the clerk of the court that the respondent was 16 in his custody on such date and the court shall dismiss the petition. 17 (c) If the court finds that there is probable cause to believe that 18 the respondent has committed a designated felony act, the court shall 19 require that treatment be provided in a residential facility within the 20 appropriate office of the department of mental hygiene. 21 (d) The commissioner shall review the condition of the respondent 22 within forty-five days after the respondent is committed to the custody 23 of the commissioner. He or she shall make a second review within ninety 24 days after the respondent is committed to his or her custody. Thereaft- 25 er, he or she shall review the condition of the respondent every ninety 26 days. The respondent and the counsel for the respondent, shall be noti- 27 fied of any such review and afforded an opportunity to be heard. The 28 commissioner having custody shall apply to the court for an order 29 dismissing the petition whenever he or she determines that there is a 30 substantial probability that the respondent will continue to be incapac- 31 itated for the foreseeable future. At the time of such application the 32 commissioner must give written notice of the application to the respond- 33 ent, the presentment agency and the mental hygiene legal service if the 34 respondent is at a residential facility. Upon receipt of such applica- 35 tion, the court may on its own motion conduct a hearing to determine 36 whether there is substantial probability that the respondent will 37 continue to be incapacitated for the foreseeable future, and it must 38 conduct such hearing if a demand therefor is made by the respondent or 39 the mental hygiene legal service within ten days from the date that 40 notice of the application was given to them. The respondent may apply to 41 the court for an order of dismissal on the same ground. 42 § 19. Subdivisions 1 and 5 of section 325.1 of the family court act, 43 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 44 5 as added by chapter 920 of the laws of 1982, are amended to read as 45 follows: 46 1. At the initial appearance, if the respondent denies a charge 47 contained in the petition and the court determines in accordance with 48 the requirements of section 320.5 of this part that [he] the respondent 49 shall be detained for more than three days pending a fact-finding hear- 50 ing, the court shall schedule a probable-cause hearing to determine the 51 issues specified in section 325.3 of this part. 52 5. Where the petition consists of an order of removal pursuant to 53 article seven hundred twenty-five of the criminal procedure law, unless 54 the removal was pursuant to subdivision three of section 725.05 of such 55 law and the respondent was not afforded a probable cause hearing [pursu-56ant to subdivision three of section 180.75 of such law for a reasonA. 7642--A 12 1other than his waiver thereof pursuant to subdivision two of section2180.75 of such law], the petition shall be deemed to be based upon a 3 determination that probable cause exists to believe the respondent is a 4 juvenile delinquent and the respondent shall not be entitled to any 5 further inquiry on the subject of whether probable cause exists. After 6 the filing of any such petition the court must, however, exercise inde- 7 pendent, de novo discretion with respect to release or detention as set 8 forth in section 320.5. 9 § 20. Subdivisions 1 and 2 of section 340.2 of the family court act, 10 as added by chapter 920 of the laws of 1982, are amended to read as 11 follows: 12 1. [The] Except when authorized in accordance with section 346.1 of 13 this part involving a case removed to family court pursuant to article 14 seven hundred twenty-five of the criminal procedure law, the judge who 15 presides at the commencement of the fact-finding hearing shall continue 16 to preside until such hearing is concluded and an order entered pursuant 17 to section 345.1 of this part unless a mistrial is declared. 18 2. The judge who presides at the fact-finding hearing or accepts an 19 admission pursuant to section 321.3 of this article shall preside at any 20 other subsequent hearing in the proceeding, including but not limited to 21 the dispositional hearing except where the case is removed to family 22 court pursuant to article seven hundred twenty-five of the criminal 23 procedure law after a fact-finding hearing has occurred. 24 § 21. Subdivision 2 of section 351.1 of the family court act, as 25 amended by chapter 880 of the laws of 1985, is amended to read as 26 follows: 27 2. Following a determination that a respondent committed a crime and 28 prior to the dispositional hearing, the court shall order a probation 29 investigation, a risk and needs assessment, and may order a diagnostic 30 assessment. Based upon the assessment findings, the probation department 31 shall recommend to the court that the respondent participate in any 32 services necessary to mitigate identified risks and address individual 33 needs. 34 § 22. Paragraph (a) of subdivision 2 of section 352.2 of the family 35 court act, as amended by chapter 880 of the laws of 1985, is amended to 36 read as follows: 37 (a) In determining an appropriate order the court shall consider the 38 needs and best interests of the respondent as well as the need for 39 protection of the community. If the respondent has committed a desig- 40 nated felony act the court shall determine the appropriate disposition 41 in accord with section 353.5. In all other cases the court shall order 42 the least restrictive available alternative enumerated in subdivision 43 one of this section which is consistent with the needs and best inter- 44 ests of the respondent and the need for protection of the community; 45 provided, however, that the court shall not direct the placement of a 46 respondent with a commissioner of social services or the office of chil- 47 dren and family services if: 48 (i) such events appear to involve only allegations that the child 49 committed acts that would constitute more than a violation but no more 50 than a misdemeanor if committed by an adult if: 51 (1) the alleged acts did not result in any physical injury as defined 52 in subdivision nine of section 10.00 of the penal law to another person; 53 and 54 (2) the child was assessed at a low risk on the applicable detention 55 risk assessment instrument approved by the office of children and family 56 services unless the agency determines that detention is necessaryA. 7642--A 13 1 because the respondent otherwise poses an imminent risk to public safety 2 and states the reasons for such determination in the child's record; or 3 (ii) such events appear to involve allegations that the child commit- 4 ted acts that would constitute a felony if committed by an adult if: 5 (1) the alleged acts did not result in any physical injury as defined 6 in subdivision nine of section 10.00 of the penal law to another person; 7 (2) the child does not have any prior adjudications for an act that 8 would constitute a felony if committed by an adult; 9 (3) the child has no more than one prior adjudication for an act that 10 would constitute a misdemeanor if committed by an adult and that act 11 also did not result in any physical injury to another person; and 12 (4) the child was assessed at a low risk on the applicable detention 13 risk assessment instrument approved by the office of children and family 14 services unless the agency determines that detention is necessary 15 because the respondent otherwise poses an imminent risk to public safety 16 and states the reasons for such determination in the child's record. 17 § 22-a. Section 352.2 of the family court act is amended by adding a 18 new subdivision 4 to read as follows: 19 4. Where a youth receives a juvenile delinquency adjudication for 20 conduct committed when the youth was age sixteen or older that would 21 constitute a crime under the vehicle and traffic law, or a violation of 22 paragraph (a) of subdivision two of section sixty-five-b of the alcohol- 23 ic beverage control law, the court shall notify the commissioner of 24 motor vehicles of such adjudication. Where a youth receives a juvenile 25 delinquency adjudication for conduct that would constitute a violation 26 of any other provision of law which allows for the imposition of a 27 license and registration sanction, the court shall notify the commis- 28 sioner of motor vehicles of such adjudication. The court shall have the 29 power to impose any suspension or revocation of driving privileges, 30 ignition interlock devices, any drug or alcohol rehabilitation program, 31 victim impact program, driver responsibility assessment, victim assist- 32 ance fee, and surcharge as is otherwise required upon a conviction of a 33 crime under the vehicle and traffic law, or an offense for which a 34 license sanction is required, and, further, shall notify the commission- 35 er of motor vehicles of said suspension or revocation. 36 § 23. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of 37 subdivision 2 of section 353.2 of the family court act, paragraph (a) of 38 subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs 39 (f) and (h) of subdivision 2 as amended by chapter 124 of the laws of 40 1993, are amended to read as follows: 41 (a) placement of respondent is not or may not be necessary or allow- 42 able; 43 (f) make restitution or perform services for the public good pursuant 44 to section 353.6, provided the respondent is over [ten] twelve years of 45 age; 46 (h) comply with such other reasonable conditions as the court shall 47 determine to be necessary or appropriate to ameliorate the conduct which 48 gave rise to the filing of the petition or to prevent placement with the 49 commissioner of social services or the [division for youth] office of 50 children and family services. 51 § 23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family 52 court act, as amended by chapter 124 of the laws of 1993, is amended to 53 read as follows: 54 (e) co-operate with a mental health, social services or other appro- 55 priate community facility or agency to which the respondent is referred,A. 7642--A 14 1 including a family support center pursuant to title twelve of article 2 six of the social services law; 3 § 23-b. Subdivision 3 of section 353.2 of the family court act, as 4 added by chapter 920 of the laws of 1982, paragraph (f) as amended by 5 chapter 465 of the laws of 1992, is amended to read as follows: 6 3. When ordering a period of probation, the court may, as a condition 7 of such order, further require that the respondent: 8 (a) meet with a probation officer when directed to do so by that offi- 9 cer and permit the officer to visit the respondent at home or elsewhere; 10 (b) permit the probation officer to obtain information from any person 11 or agency from whom respondent is receiving or was directed to receive 12 diagnosis, treatment or counseling; 13 (c) permit the probation officer to obtain information from the 14 respondent's school; 15 (d) co-operate with the probation officer in seeking to obtain and in 16 accepting employment, and supply records and reports of earnings to the 17 officer when requested to do so; and 18 (e) obtain permission from the probation officer for any absence from 19 respondent's residence in excess of two weeks[; and20(f) with the consent of the division for youth, spend a specified21portion of the probation period, not exceeding one year, in a non-secure22facility provided by the division for youth pursuant to article nine-23teen-G of the executive law]. 24 § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and 25 paragraph (d) of subdivision 4 of section 353.5 of the family court act, 26 as amended by section 6 of subpart A of part G of chapter 57 of the laws 27 of 2012, is amended to read as follows: 28 after the period set under subparagraph (ii) of this paragraph, the 29 respondent shall be placed in a residential facility for a period of 30 twelve months; provided, however, that if the respondent has been placed 31 from a family court in a social services district operating an approved 32 juvenile justice services close to home initiative pursuant to section 33 four hundred four of the social services law for an act committed when 34 the respondent was under sixteen years of age, once the time frames in 35 subparagraph (ii) of this paragraph are met: 36 (d) Upon the expiration of the initial period of placement, or any 37 extension thereof, the placement may be extended in accordance with 38 section 355.3 on a petition of any party or the office of children and 39 family services, or, if applicable, a social services district operating 40 an approved juvenile justice services close to home initiative pursuant 41 to section four hundred four of the social services law, after a dispo- 42 sitional hearing, for an additional period not to exceed twelve months, 43 but no initial placement or extension of placement under this section 44 may continue beyond the respondent's twenty-first birthday, or, for an 45 act that was committed when the respondent was sixteen years of age or 46 older, the respondent's twenty-third birthday. 47 § 25. Paragraph (d) of subdivision 4 of section 353.5 of the family 48 court act, as amended by chapter 398 of the laws of 1983, is amended to 49 read as follows: 50 (d) Upon the expiration of the initial period of placement, or any 51 extension thereof, the placement may be extended in accordance with 52 section 355.3 on a petition of any party or the [division for youth] 53 office of children and family services after a dispositional hearing, 54 for an additional period not to exceed twelve months, but no initial 55 placement or extension of placement under this section may continue 56 beyond the respondent's twenty-first birthday, or, for an act that wasA. 7642--A 15 1 committed when the respondent was sixteen years of age or older, the 2 respondent's twenty-third birthday. 3 § 26. The opening paragraph of subdivision 1 of section 353.6 of the 4 family court act, as amended by chapter 877 of the laws of 1983, is 5 amended to read as follows: 6 At the conclusion of the dispositional hearing in cases involving 7 respondents over [ten] twelve years of age the court may: 8 § 27. Section 354.1 of the family court act, as added by chapter 920 9 of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645 10 of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of 11 the laws of 1983, is amended to read as follows: 12 § 354.1. Retention and destruction of fingerprints of persons alleged 13 to be juvenile delinquents. 1. If a person whose fingerprints, palm- 14 prints or photographs were taken pursuant to section 306.1 or was 15 initially fingerprinted as a juvenile offender and the action is subse- 16 quently removed to a family court pursuant to article seven hundred 17 twenty-five of the criminal procedure law is adjudicated to be a juve- 18 nile delinquent for a felony, the family court shall forward or cause to 19 be forwarded to the division of criminal justice services notification 20 of such adjudication and such related information as may be required by 21 such division, provided, however, in the case of a person eleven [or22twelve] years of age such notification shall be provided only if the act 23 upon which the adjudication is based would constitute a class [A or B] 24 A-1 felony or, in the case of a person twelve years of age, such notifi- 25 cation shall be provided only if the act upon which the adjudication is 26 based would constitute a class A or B felony. 27 2. If a person whose fingerprints, palmprints or photographs were 28 taken pursuant to section 306.1 or was initially fingerprinted as a 29 juvenile offender and the action is subsequently removed to family court 30 pursuant to article seven hundred twenty-five of the criminal procedure 31 law has had all petitions disposed of by the family court in any manner 32 other than an adjudication of juvenile delinquency for a felony, but in 33 the case of acts committed when such person was eleven [or twelve] years 34 of age which would constitute a class [A or B] A-1 felony only, or, in 35 the case of acts committed when such person was twelve years of age 36 which would constitute a class A or B felony only, all such finger- 37 prints, palmprints, photographs, and copies thereof, and all information 38 relating to such allegations obtained by the division of criminal 39 justice services pursuant to section 306.1 shall be destroyed forthwith. 40 The clerk of the court shall notify the commissioner of the division of 41 criminal justice services and the heads of all police departments and 42 law enforcement agencies having copies of such records, who shall 43 destroy such records without unnecessary delay. 44 3. If the appropriate presentment agency does not originate a proceed- 45 ing under section 310.1 for a case in which the potential respondent's 46 fingerprints were taken pursuant to section 306.1, the presentment agen- 47 cy shall serve a certification of such action upon the division of crim- 48 inal justice services, and upon the appropriate police department or law 49 enforcement agency. 50 4. If, following the taking into custody of a person alleged to be a 51 juvenile delinquent and the taking and forwarding to the division of 52 criminal justice services of such person's fingerprints but prior to 53 referral to the probation department or to the family court, an officer 54 or agency, elects not to proceed further, such officer or agency shall 55 serve a certification of such election upon the division of criminal 56 justice services.A. 7642--A 16 1 5. Upon certification pursuant to subdivision twelve of section 308.1 2 or subdivision three or four of this section, the department or agency 3 shall destroy forthwith all fingerprints, palmprints, photographs, and 4 copies thereof, and all other information obtained in the case pursuant 5 to section 306.1. Upon receipt of such certification, the division of 6 criminal justice services and all police departments and law enforcement 7 agencies having copies of such records shall destroy them. 8 6. If a person fingerprinted pursuant to section 306.1 and subsequent- 9 ly adjudicated a juvenile delinquent for a felony, but in the case of 10 acts committed when such a person was eleven [or twelve] years of age 11 which would constitute a class [A or B] A-1 felony only, or, in the case 12 of acts committed when such a person was twelve years of age which would 13 constitute a class A or B felony only, is subsequently convicted of a 14 crime, all fingerprints and related information obtained by the division 15 of criminal justice services pursuant to such section and not destroyed 16 pursuant to subdivisions two, five and seven or subdivision twelve of 17 section 308.1 shall become part of such division's permanent adult crim- 18 inal record for that person, notwithstanding section 381.2 or 381.3. 19 7. When a person fingerprinted pursuant to section 306.1 and subse- 20 quently adjudicated a juvenile delinquent for a felony, but in the case 21 of acts committed when such person was eleven [or twelve] years of age 22 which would constitute a class [A or B] A-1 felony only, or, in the case 23 of acts committed when such a person was twelve years of age which would 24 constitute a class A or B felony only, reaches the age of twenty-one, or 25 has been discharged from placement under this act for at least three 26 years, whichever occurs later, and has no criminal convictions or pend- 27 ing criminal actions which ultimately terminate in a criminal 28 conviction, all fingerprints, palmprints, photographs, and related 29 information and copies thereof obtained pursuant to section 306.1 in the 30 possession of the division of criminal justice services, any police 31 department, law enforcement agency or any other agency shall be 32 destroyed forthwith. The division of criminal justice services shall 33 notify the agency or agencies which forwarded fingerprints to such divi- 34 sion pursuant to section 306.1 of their obligation to destroy those 35 records in their possession. In the case of a pending criminal action 36 which does not terminate in a criminal conviction, such records shall be 37 destroyed forthwith upon such determination. 38 § 28. Subdivisions 1 and 6 of section 355.3 of the family court act, 39 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 40 6 as amended by chapter 663 of the laws of 1985, are amended to read as 41 follows: 42 1. In any case in which the respondent has been placed pursuant to 43 section 353.3 the respondent, the person with whom the respondent has 44 been placed, the commissioner of social services, or the [division for45youth] office of children and family services may petition the court to 46 extend such placement. Such petition shall be filed at least sixty days 47 prior to the expiration of the period of placement, except for good 48 cause shown but in no event shall such petition be filed after the 49 original expiration date. 50 6. Successive extensions of placement under this section may be grant- 51 ed, but no placement may be made or continued beyond the respondent's 52 eighteenth birthday without the child's consent for acts committed 53 before the respondent's sixteenth birthday and in no event past the 54 child's twenty-first birthday except as provided for in subdivision four 55 of section 353.5.A. 7642--A 17 1 § 29. Subdivision 5 of section 355.4 of the family court act, as added 2 by chapter 479 of the laws of 1992, is amended to read as follows: 3 5. Nothing in this section shall: require that consent be obtained 4 from the youth's parent or legal guardian to any medical, dental, or 5 mental health service and treatment when no consent is necessary or the 6 youth is authorized by law to consent on his or her own behalf; preclude 7 a youth from consenting on his or her own behalf to any medical, dental 8 or mental health service and treatment where otherwise authorized by law 9 to do so[, or the division for youth]; or preclude the officer of chil- 10 dren and family services or a social services district from petitioning 11 the court pursuant to section two hundred thirty-three of this act, as 12 appropriate. 13 § 30. Paragraph (b) of subdivision 3 of section 355.5 of the family 14 court act, as amended by chapter 145 of the laws of 2000, is amended to 15 read as follows: 16 (b) subsequent permanency hearings shall be held no later than every 17 twelve months following the respondent's initial twelve months in place- 18 ment but in no event past the respondent's twenty-first birthday; 19 provided, however, that they shall be held in conjunction with an exten- 20 sion of placement hearing held pursuant to section 355.3 of this [arti-21cle] part. 22 § 31. Subdivisions 2 and 6 of section 360.3 of the family court act, 23 as added by chapter 920 of the laws of 1982, are amended to read as 24 follows: 25 2. At the time of his or her first appearance following the filing of 26 a petition of violation the court must: (a) advise the respondent of the 27 contents of the petition and furnish him or her with a copy thereof; (b) 28 determine whether the respondent should be released or detained pursuant 29 to section 320.5, provided, however, that nothing herein shall authorize 30 a respondent to be detained for a violation of a condition that would 31 not constitute a crime if committed by an adult unless the court deter- 32 mines (i) that the respondent poses a specific imminent threat to public 33 safety and states the reasons for the finding on the record or (ii) the 34 respondent is on probation for an act that would constitute a violent 35 felony as defined in section 70.02 of the penal law if committed by an 36 adult and the use of graduated sanctions have been exhausted without 37 success; and (c) ask the respondent whether he or she wishes to make any 38 statement with respect to the violation. If the respondent makes a 39 statement, the court may accept it and base its decision thereon; the 40 provisions of subdivision two of section 321.3 shall apply in determin- 41 ing whether a statement should be accepted. If the court does not accept 42 such statement or if the respondent does not make a statement, the court 43 shall proceed with the hearing. Upon request, the court shall grant a 44 reasonable adjournment to the respondent to enable him or her to prepare 45 for the hearing. 46 6. At the conclusion of the hearing the court may revoke, continue or 47 modify the order of probation or conditional discharge. If the court 48 revokes the order, it shall order a different disposition pursuant to 49 section 352.2, provided, however, that nothing herein shall authorize 50 the placement of a respondent for a violation of a condition that would 51 not constitute a crime if committed by an adult unless the court deter- 52 mines (i) that the respondent poses a specific imminent threat to public 53 safety and states the reasons for the finding on the record or (ii) the 54 respondent is on probation for an act that would constitute a violent 55 felony as defined in section 70.02 of the penal law if committed by an 56 adult and the use of graduated sanctions have been exhausted withoutA. 7642--A 18 1 success. If the court continues the order of probation or conditional 2 discharge, it shall dismiss the petition of violation. 3 § 32. Subdivisions (d) and (i) of section 712 of the family court 4 act, subdivision (d) as amended by chapter 920 of the laws of 1982, and 5 subdivision (i) as amended by chapter 38 of the laws of 2014, are 6 amended and two new subdivisions (d-1) and (n) are added to read as 7 follows: 8 (d) "Non-secure detention facility". [A facility characterized by the9absence of physically restricting construction, hardware and proce-10dures.] A foster care program certified by the office of children and 11 family services or a certified or approved family boarding home, or in a 12 city having a population of five million or more, a foster care facility 13 established and maintained pursuant to the social services law. 14 (d-1) "Detention facility". A foster care program certified by the 15 office of children and family services or a certified or approved family 16 boarding home, or in a city having a population of five million or more, 17 a foster care facility established and maintained pursuant to the social 18 services law. 19 (i) "Diversion services". Services provided to children and families 20 pursuant to section seven hundred thirty-five of this article for the 21 purpose of avoiding the need to file a petition or direct the detention 22 of the child. Diversion services shall include: efforts to adjust cases 23 pursuant to this article before a petition is filed, or by order of the 24 court, [after the petition is filed but before fact-finding is25commenced;] at any time; and preventive services provided in accordance 26 with section four hundred nine-a of the social services law to avert the 27 placement of the child into foster care, including crisis intervention 28 and respite services. Diversion services may also include, in cases 29 where any person is seeking to file a petition that alleges that the 30 child has a substance use disorder or is in need of immediate detoxifi- 31 cation or substance use disorder services, an assessment for substance 32 use disorder; provided, however, that notwithstanding any other 33 provision of law to the contrary, the designated lead agency shall not 34 be required to pay for all or any portion of the costs of such assess- 35 ment or substance use disorder or detoxification services, except in 36 cases where medical assistance for needy persons may be used to pay for 37 all or any portion of the costs of such assessment or services. 38 (n) "Family support center". A program established pursuant to title 39 twelve article six of the social services law. 40 § 33. Section 720 of the family court act, as amended by chapter 419 41 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B 42 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by 43 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) 44 of subdivision 5 as added by section 8 of part G of chapter 58 of the 45 laws of 2010, is amended to read as follows: 46 § 720. Detention. 1. No child to whom the provisions of this article 47 may apply, shall be detained in any prison, jail, lockup, or other place 48 used for adults convicted of crime or under arrest and charged with a 49 crime. 50 2. The detention of a child in a secure detention facility shall not 51 be directed under any of the provisions of this article. 52 3. Detention of a person alleged to be or adjudicated as a person in 53 need of supervision shall, except as provided in subdivision four of 54 this section, be authorized only in a foster care program certified by 55 the office of children and family services, or a certified or approved 56 family boarding home, [or a non-secure detention facility certified byA. 7642--A 19 1the office] and in accordance with section seven hundred thirty-nine of 2 this article. The setting of the detention shall take into account (a) 3 the proximity to the community in which the person alleged to be or 4 adjudicated as a person in need of supervision lives with such person's 5 parents or to which such person will be discharged, and (b) the existing 6 educational setting of such person and the proximity of such setting to 7 the location of the detention setting. 8 4. Whenever detention is authorized and ordered pursuant to this arti- 9 cle, for a person alleged to be or adjudicated as a person in need of 10 supervision, a family court in a city having a population of one million 11 or more shall, notwithstanding any other provision of law, direct 12 detention in a foster care facility established and maintained pursuant 13 to the social services law. In all other respects, the detention of such 14 a person in a foster care facility shall be subject to the identical 15 terms and conditions for detention as are set forth in this article and 16 in section two hundred thirty-five of this act. 17 5. (a) The court shall not order or direct detention under this arti- 18 cle, unless the court determines that there is no substantial likelihood 19 that the youth and his or her family will continue to benefit from 20 diversion services, and that continuation in the home would not be 21 appropriate because such continuation would (A) continue or worsen the 22 circumstances alleged in the underlying petition, or that created the 23 need for a petition to be sought or (B) create a safety risk to the 24 child or the child's family and that all other available alternatives to 25 detention have been exhausted; and 26 (b) [Where the youth is sixteen years of age or older, the court shall27not order or direct detention under this article, unless the court28determines and states in its order that special circumstances exist to29warrant such detention.30(c)] If the respondent may be a sexually exploited child as defined in 31 subdivision one of section four hundred forty-seven-a of the social 32 services law, the court may direct the respondent to an available short- 33 term safe house as defined in subdivision two of section four hundred 34 forty-seven-a of the social services law as an alternative to detention. 35 § 34. Section 728 of the family court act, subdivision (a) as amended 36 by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter 37 419 of the laws of 1987, subdivision (d) as added by chapter 145 of the 38 laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision 39 (d) as renumbered by section 5 of part E of chapter 57 of the laws of 40 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision 41 (d) as added by section 10 of subpart B of part Q of chapter 58 of the 42 laws of 2011, is amended to read as follows: 43 § 728. Discharge, release or detention by judge after hearing and 44 before filing of petition in custody cases. (a) If a child in custody 45 is brought before a judge of the family court before a petition is 46 filed, the judge shall hold a hearing for the purpose of making a 47 preliminary determination of whether the court appears to have jurisdic- 48 tion over the child. At the commencement of the hearing, the judge shall 49 advise the child of his or her right to remain silent, his or her right 50 to be represented by counsel of his or her own choosing, and of the 51 right to have an attorney assigned in accord with part four of article 52 two of this act. The judge must also allow the child a reasonable time 53 to send for his or her parents or other person or persons legally 54 responsible for his or her care, and for counsel, and adjourn the hear- 55 ing for that purpose.A. 7642--A 20 1 (b) After hearing, the judge shall order the release of the child to 2 the custody of his parent or other person legally responsible for his 3 care if the court does not appear to have jurisdiction. 4 (c) An order of release under this section may, but need not, be 5 conditioned upon the giving of a recognizance in accord with [sections] 6 section seven hundred twenty-four (b) (i). 7 (d) Upon a finding of facts and reasons which support a detention 8 order pursuant to this section, the court shall also determine and state 9 in any order directing detention: 10 (i) that there is no substantial likelihood that the youth and his or 11 her family will continue to benefit from diversion services, that 12 continuation in the home would not be appropriate because such continua- 13 tion would (A) continue or worsen the circumstances alleged in the 14 underlying petition, or that created the need for a petition to be 15 sought or (B) create a safety risk to the child or the child's family 16 and that all other available alternatives to detention have been 17 exhausted; and 18 (ii) whether continuation of the child in the child's home would be 19 contrary to the best interests of the child based upon, and limited to, 20 the facts and circumstances available to the court at the time of the 21 hearing held in accordance with this section; and 22 (iii) where appropriate, whether reasonable efforts were made prior to 23 the date of the court hearing that resulted in the detention order, to 24 prevent or eliminate the need for removal of the child from his or her 25 home or, if the child had been removed from his or her home prior to the 26 court appearance pursuant to this section, where appropriate, whether 27 reasonable efforts were made to make it possible for the child to safely 28 return home; and 29 (iv) whether the setting of the detention takes into account the prox- 30 imity to the community in which the person alleged to be or adjudicated 31 as a person in need of supervision lives with such person's parents or 32 to which such person will be discharged, and the existing educational 33 setting of such person and the proximity of such setting to the location 34 of the detention setting. 35 § 35. Section 735 of the family court act, as added by section 7 of 36 part E of chapter 57 of the laws of 2005, subdivision (b) as amended by 37 chapter 38 of the laws of 2014, paragraph (i) of subdivision (d) as 38 amended by chapter 535 of the laws of 2011, and subdivision (h) as 39 amended by chapter 499 of the laws of 2015, is amended to read as 40 follows: 41 § 735. Preliminary procedure; diversion services. (a) Each county and 42 any city having a population of one million or more shall offer diver- 43 sion services as defined in section seven hundred twelve of this article 44 to youth who are at risk of being the subject of a person in need of 45 supervision petition. Such services shall be designed to provide an 46 immediate response to families in crisis, to identify and utilize appro- 47 priate alternatives to detention and to divert youth from being the 48 subject of a petition in family court. Each county and such city shall 49 designate either the local social services district or the probation 50 department as lead agency for the purposes of providing diversion 51 services. 52 (b) The designated lead agency shall: 53 (i) confer with any person seeking to file a petition, the youth who 54 may be a potential respondent, his or her family, and other interested 55 persons, concerning the provision of diversion services before any peti- 56 tion may be filed; andA. 7642--A 21 1 (ii) diligently attempt to prevent the filing of a petition under this 2 article or, after the petition is filed, to prevent the placement of the 3 youth into foster care in accordance with section seven hundred fifty- 4 six of this article; and 5 (iii) assess whether the youth would benefit from residential respite 6 services; and 7 (iv) assess whether the youth is a sexually exploited child as defined 8 in section four hundred forty-seven-a of the social services law and, if 9 so, whether such youth should be referred to a safe house; and 10 (v) determine whether alternatives to detention are appropriate to 11 avoid remand of the youth to detention; 12 (vi) determine whether the youth and his or her family should be 13 referred to an available family support center; [and] 14 (vii) assess whether remaining in the home would cause the continua- 15 tion or worsening of the circumstances that created the need for a peti- 16 tion to be sought, or create a safety risk to the child or the child's 17 family; and 18 [(v)] (viii) determine whether an assessment of the youth for 19 substance use disorder by an office of alcoholism and substance abuse 20 services certified provider is necessary when a person seeking to file a 21 petition alleges in such petition that the youth is suffering from a 22 substance use disorder which could make the youth a danger to himself or 23 herself or others. Provided, however, that notwithstanding any other 24 provision of law to the contrary, the designated lead agency shall not 25 be required to pay for all or any portion of the costs of such assess- 26 ment or for any substance use disorder or detoxification services, 27 except in cases where medical assistance for needy persons may be used 28 to pay for all or any portion of the costs of such assessment or 29 services. The office of alcoholism and substance abuse services shall 30 make a list of its certified providers available to the designated lead 31 agency. 32 (c) Any person or agency seeking to file a petition pursuant to this 33 article which does not have attached thereto the documentation required 34 by subdivision (g) of this section shall be referred by the clerk of the 35 court to the designated lead agency which shall schedule and hold, on 36 reasonable notice to the potential petitioner, the youth and his or her 37 parent or other person legally responsible for his or her care, at least 38 one conference in order to determine the factual circumstances and 39 determine whether the youth and his or her family should receive diver- 40 sion services pursuant to this section. Diversion services shall include 41 clearly documented diligent attempts to provide appropriate services to 42 the youth and his or her family unless it is determined that there is no 43 substantial likelihood that the youth and his or her family will benefit 44 from further diversion attempts. Notwithstanding the provisions of 45 section two hundred sixteen-c of this act, the clerk shall not accept 46 for filing under this part any petition that does not have attached 47 thereto the documentation required by subdivision (g) of this section. 48 (d) Diversion services shall include documented diligent attempts to 49 engage the youth and his or her family in appropriately targeted commu- 50 nity-based services, but shall not be limited to: 51 (i) providing, at the first contact, information on the availability 52 of or a referral to services in the geographic area where the youth and 53 his or her family are located that may be of benefit in avoiding the 54 need to file a petition under this article; including the availability, 55 for up to twenty-one days, of a residential respite program, if the 56 youth and his or her parent or other person legally responsible for hisA. 7642--A 22 1 or her care agree, and the availability of other non-residential crisis 2 intervention programs such as a family support center, family crisis 3 counseling or alternative dispute resolution programs or an educational 4 program as defined in section four hundred fifty-eight-l of the social 5 services law. 6 (ii) scheduling and holding at least one conference with the youth and 7 his or her family and the person or representatives of the entity seek- 8 ing to file a petition under this article concerning alternatives to 9 filing a petition and services that are available. Diversion services 10 shall include clearly documented diligent attempts to provide appropri- 11 ate services to the youth and his or her family before it may be deter- 12 mined that there is no substantial likelihood that the youth and his or 13 her family will benefit from further attempts. 14 (iii) where the entity seeking to file a petition is a school district 15 or local educational agency, the designated lead agency shall review the 16 steps taken by the school district or local educational agency to 17 improve the youth's attendance and/or conduct in school and attempt to 18 engage the school district or local educational agency in further diver- 19 sion attempts, if it appears from review that such attempts will be 20 beneficial to the youth. 21 (e) The designated lead agency shall maintain a written record with 22 respect to each youth and his or her family for whom it considers 23 providing or provides diversion services pursuant to this section. The 24 record shall be made available to the court at or prior to the initial 25 appearance of the youth in any proceeding initiated pursuant to this 26 article. 27 (f) Efforts to prevent the filing of a petition pursuant to this 28 section may extend until the designated lead agency determines that 29 there is no substantial likelihood that the youth and his or her family 30 will benefit from further attempts. Efforts at diversion pursuant to 31 this section may continue after the filing of a petition where the 32 designated lead agency determines that the youth and his or her family 33 will benefit from further attempts to prevent placement of the youth 34 from entering foster care in accordance with section seven hundred 35 fifty-six of this article. 36 (g) (i) The designated lead agency shall promptly give written notice 37 to the potential petitioner whenever attempts to prevent the filing of a 38 petition have terminated, and shall indicate in such notice whether 39 efforts were successful. The notice shall also detail the diligent 40 attempts made to divert the case if a determination has been made that 41 there is no substantial likelihood that the youth will benefit from 42 further attempts. No persons in need of supervision petition may be 43 filed pursuant to this article during the period the designated lead 44 agency is providing diversion services. A finding by the designated lead 45 agency that the case has been successfully diverted shall constitute 46 presumptive evidence that the underlying allegations have been success- 47 fully resolved in any petition based upon the same factual allegations. 48 No petition may be filed pursuant to this article by the parent or other 49 person legally responsible for the youth where diversion services have 50 been terminated because of the failure of the parent or other person 51 legally responsible for the youth to consent to or actively participate. 52 (ii) The clerk of the court shall accept a petition for filing only if 53 it has attached thereto the following: 54 (A) if the potential petitioner is the parent or other person legally 55 responsible for the youth, a notice from the designated lead agency 56 indicating there is no bar to the filing of the petition as the poten-A. 7642--A 23 1 tial petitioner consented to and actively participated in diversion 2 services; and 3 (B) a notice from the designated lead agency stating that it has 4 terminated diversion services because it has determined that there is no 5 substantial likelihood that the youth and his or her family will benefit 6 from further attempts, and that the case has not been successfully 7 diverted. 8 (h) No statement made to the designated lead agency or to any agency 9 or organization to which the potential respondent has been referred, 10 prior to the filing of the petition, or if the petition has been filed, 11 prior to the time the respondent has been notified that attempts at 12 diversion will not be made or have been terminated, or prior to the 13 commencement of a fact-finding hearing if attempts at diversion have not 14 terminated previously, may be admitted into evidence at a fact-finding 15 hearing or, if the proceeding is transferred to a criminal court, at any 16 time prior to a conviction. 17 § 36. Subdivision (b) of section 742 of the family court act, as 18 amended by section 9 of part E of chapter 57 of the laws of 2005, is 19 amended to read as follows: 20 (b) At the initial appearance of the respondent, the court shall 21 review any termination of diversion services pursuant to such section, 22 and the documentation of diligent attempts to provide appropriate 23 services and determine whether such efforts or services provided are 24 sufficient [and]. The court may, at any time, subject to the provisions 25 of section seven hundred forty-eight of this article, order that addi- 26 tional diversion attempts be undertaken by the designated lead agency. 27 The court may order the youth and the parent or other person legally 28 responsible for the youth to participate in diversion services. If the 29 designated lead agency thereafter determines that the case has been 30 successfully resolved, it shall so notify the court, and the court shall 31 dismiss the petition. 32 § 37. Subdivision (a) of section 749 of the family court act, as 33 amended by section 4 of part V of chapter 55 of the laws of 2012, is 34 amended to read as follows: 35 (a) (i) Upon or after a fact-finding hearing, the court may, upon its 36 own motion or upon a motion of a party to the proceeding, order that the 37 proceeding be "adjourned in contemplation of dismissal". An adjournment 38 in contemplation of dismissal is an adjournment of the proceeding, for a 39 period not to exceed six months with a view to ultimate dismissal of the 40 petition in furtherance of justice. Upon issuing such an order, upon 41 such permissible terms and conditions as the rules of court shall 42 define, the court must release the individual. 43 (ii) The court may, as a condition of an adjournment in contemplation 44 of dismissal order: (A) in cases where the record indicates that the 45 consumption of alcohol may have been a contributing factor, require the 46 respondent to attend and complete an alcohol awareness program estab- 47 lished pursuant to section 19.25 of the mental hygiene law; or (B) in 48 cases where the record indicates that cyberbullying or sexting was the 49 basis of the petition, require an eligible person to complete an educa- 50 tion reform program in accordance with section four hundred 51 fifty-eight-l of the social services law; or (C) participate in services 52 including but not limited to those provided by family support centers. 53 (iii) Upon application of the petitioner, or upon the court's own 54 motion, made at any time during the duration of the order, the court may 55 restore the matter to the calendar. If the proceeding is not soA. 7642--A 24 1 restored, the petition is at the expiration of the order, deemed to have 2 been dismissed by the court in furtherance of justice. 3 § 38. Section 751 of the family court act, as amended by chapter 100 4 of the laws of 1993, is amended to read as follows: 5 § 751. Order dismissing petition. If the allegations of a petition 6 under this article are not established, the court shall dismiss the 7 petition. The court may in its discretion dismiss a petition under this 8 article, in the interests of justice where attempts have been made to 9 adjust the case as provided for in sections seven hundred thirty-five 10 and seven hundred forty-two of this article and the probation service 11 has exhausted its efforts to successfully adjust such case as a result 12 of the petition's failure to provide reasonable assistance to the 13 probation service. In dismissing a petition pursuant to this section, 14 the court shall consider whether a referral of services would be appro- 15 priate to meet the needs of the respondent and his or her family. 16 § 39. Section 754 of the family court act, subdivision 1 as designated 17 by chapter 878 of the laws of 1976, paragraph (c) of subdivision 1 as 18 amended by section 4 of part V of chapter 383 of the laws of 2001, the 19 closing paragraph of subdivision 1 as added by section 5 of part V of 20 chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of 21 the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as 22 amended by section 20 and the closing paragraph of paragraph (b) of 23 subdivision 2 as amended by section 21 of part L of chapter 56 of the 24 laws of 2015, is amended to read as follows: 25 § 754. Disposition on adjudication of person in need of supervision. 26 1. Upon an adjudication of person in need of supervision, the court 27 shall enter an order of disposition: 28 (a) Discharging the respondent with warning; 29 (b) Suspending judgment in accord with section seven hundred fifty- 30 five of this part; 31 (c) Continuing the proceeding and placing the respondent in accord 32 with section seven hundred fifty-six of this part; provided, however, 33 that the court shall not place the respondent in accord with section 34 seven hundred fifty-six where the respondent is sixteen years of age or 35 older, unless the court determines and states in its order that special 36 circumstances exist to warrant such placement; or 37 (d) Putting the respondent on probation in accord with section seven 38 hundred fifty-seven of this part. 39 The court may order an eligible person to complete an education reform 40 program in accordance with section four hundred fifty-eight-l of the 41 social services law, as part of a disposition pursuant to paragraph (a), 42 (b) or (d) of this subdivision. The court may also order services, 43 including those provided by a family support center, as part of a dispo- 44 sition pursuant to paragraph (a), (b) or (d) of this subdivision. 45 2. (a) Notwithstanding any other provision of law to the contrary, the 46 court shall not order placement with the local commissioner of social 47 services pursuant to section seven hundred fifty-six of this part unless 48 the court finds and states in writing that: 49 (i) no appropriate suitable relative or suitable private person is 50 available for placement pursuant to section seven hundred fifty-six of 51 this part; and 52 (ii) placement in the child's home would not be appropriate because 53 such placement would: 54 (A) continue or worsen the circumstances alleged in the underlying 55 petition or, 56 (B) create a safety risk to the child or the child's family.A. 7642--A 25 1 (b) The order shall state the court's reasons for the particular 2 disposition. If the court places the child in accordance with section 3 seven hundred fifty-six of this part, the court in its order shall 4 determine: (i) whether continuation in the child's home would be contra- 5 ry to the best interest of the child and where appropriate, that reason- 6 able efforts were made prior to the date of the dispositional hearing 7 held pursuant to this article to prevent or eliminate the need for 8 removal of the child from his or her home and, if the child was removed 9 from his or her home prior to the date of such hearing, that such 10 removal was in the child's best interest and, where appropriate, reason- 11 able efforts were made to make it possible for the child to return safe- 12 ly home. If the court determines that reasonable efforts to prevent or 13 eliminate the need for removal of the child from the home were not made 14 but that the lack of such efforts was appropriate under the circum- 15 stances, the court order shall include such a finding; and (ii) in the 16 case of a child who has attained the age of fourteen, the services need- 17 ed, if any, to assist the child to make the transition from foster care 18 to independent living. Nothing in this subdivision shall be construed to 19 modify the standards for directing detention set forth in section seven 20 hundred thirty-nine of this article. 21 [(b)] (c) For the purpose of this section, reasonable efforts to 22 prevent or eliminate the need for removing the child from the home of 23 the child or to make it possible for the child to return safely to the 24 home of the child shall not be required where the court determines that: 25 (i) the parent of such child has subjected the child to aggravated 26 circumstances, as defined in subdivision (g) of section seven hundred 27 twelve of this article; 28 (ii) the parent of such child has been convicted of (A) murder in the 29 first degree as defined in section 125.27 or murder in the second degree 30 as defined in section 125.25 of the penal law and the victim was another 31 child of the parent; or (B) manslaughter in the first degree as defined 32 in section 125.20 or manslaughter in the second degree as defined in 33 section 125.15 of the penal law and the victim was another child of the 34 parent, provided, however, that the parent must have acted voluntarily 35 in committing such crime; 36 (iii) the parent of such child has been convicted of an attempt to 37 commit any of the crimes set forth in subparagraphs (i) and (ii) of this 38 paragraph, and the victim or intended victim was the child or another 39 child of the parent; or has been convicted of criminal solicitation as 40 defined in article one hundred, conspiracy as defined in article one 41 hundred five or criminal facilitation as defined in article one hundred 42 fifteen of the penal law for conspiring, soliciting or facilitating any 43 of the foregoing crimes, and the victim or intended victim was the child 44 or another child of the parent; 45 (iv) the parent of such child has been convicted of assault in the 46 second degree as defined in section 120.05, assault in the first degree 47 as defined in section 120.10 or aggravated assault upon a person less 48 than eleven years old as defined in section 120.12 of the penal law, and 49 the commission of one of the foregoing crimes resulted in serious phys- 50 ical injury to the child or another child of the parent; 51 (v) the parent of such child has been convicted in any other jurisdic- 52 tion of an offense which includes all of the essential elements of any 53 crime specified in subparagraph (ii), (iii) or (iv) of this paragraph, 54 and the victim of such offense was the child or another child of the 55 parent; orA. 7642--A 26 1 (vi) the parental rights of the parent to a sibling of such child have 2 been involuntarily terminated; 3 unless the court determines that providing reasonable efforts would be 4 in the best interests of the child, not contrary to the health and safe- 5 ty of the child, and would likely result in the reunification of the 6 parent and the child in the foreseeable future. The court shall state 7 such findings in its order. 8 If the court determines that reasonable efforts are not required 9 because of one of the grounds set forth above, a permanency hearing 10 shall be held within thirty days of the finding of the court that such 11 efforts are not required. At the permanency hearing, the court shall 12 determine the appropriateness of the permanency plan prepared by the 13 social services official which shall include whether and when the child: 14 (A) will be returned to the parent; (B) should be placed for adoption 15 with the social services official filing a petition for termination of 16 parental rights; (C) should be referred for legal guardianship; (D) 17 should be placed permanently with a fit and willing relative; or (E) 18 should be placed in another planned permanent living arrangement with a 19 significant connection to an adult willing to be a permanency resource 20 for the child if the child is age sixteen or older and if the require- 21 ments of subparagraph (E) of paragraph (iv) of subdivision (d) of 22 section seven hundred fifty-six-a of this part have been met. The social 23 services official shall thereafter make reasonable efforts to place the 24 child in a timely manner and to complete whatever steps are necessary to 25 finalize the permanent placement of the child as set forth in the 26 permanency plan approved by the court. If reasonable efforts are deter- 27 mined by the court not to be required because of one of the grounds set 28 forth in this paragraph, the social services official may file a peti- 29 tion for termination of parental rights in accordance with section three 30 hundred eighty-four-b of the social services law. 31 [(c)] (d) For the purpose of this section, in determining reasonable 32 efforts to be made with respect to a child, and in making such reason- 33 able efforts, the child's health and safety shall be the paramount 34 concern. 35 [(d)] (e) For the purpose of this section, a sibling shall include a 36 half-sibling. 37 § 40. Section 755 of the family court act, subdivision (a) as amended 38 by chapter 124 of the laws of 1993, is amended to read as follows: 39 § 755. Suspended judgment. (a) Rules of court shall define permissible 40 terms and conditions of a suspended judgment. The court may order as a 41 condition of a suspended judgment restitution, services, including those 42 provided by a family support center pursuant to title twelve of article 43 six of the social services law or services for public good pursuant to 44 section seven hundred fifty-eight-a, and[, except when the respondent45has been assigned to a facility in accordance with subdivision four of46section five hundred four of the executive law,] in cases wherein the 47 record indicates that the consumption of alcohol by the respondent may 48 have been a contributing factor, the court may order attendance at and 49 completion of an alcohol awareness program established pursuant to 50 section 19.25 of the mental hygiene law. 51 (b) The maximum duration of any term or condition of a suspended judg- 52 ment is one year, unless the court finds at the conclusion of that peri- 53 od that exceptional circumstances require an additional period of one 54 year. 55 § 41. Section 756 of the family court act, as amended by chapter 920 56 of the laws of 1982, paragraph (i) of subdivision (a) as amended byA. 7642--A 27 1 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) 2 of subdivision (a) as amended by section 11 of part G of chapter 58 of 3 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 4 1999, and subdivision (c) as amended by section 10 of part E of chapter 5 57 of the laws of 2005, is amended to read as follows: 6 § 756. Placement. (a) (i) For purposes of section seven hundred 7 fifty-four, the court may place the child in its own home or in the 8 custody of a suitable relative or other suitable private person [or a9commissioner of social services], subject to the orders of the court. 10 (ii) Where the child is placed with the commissioner of the local 11 social services district, the court may direct the commissioner to place 12 the child with an authorized agency or class of authorized agencies, 13 including, if the court finds that the respondent is a sexually 14 exploited child as defined in subdivision one of section four hundred 15 forty-seven-a of the social services law, an available long-term safe 16 house. Unless the dispositional order provides otherwise, the court so 17 directing shall include one of the following alternatives to apply in 18 the event that the commissioner is unable to so place the child: 19 (1) the commissioner shall apply to the court for an order to stay, 20 modify, set aside, or vacate such directive pursuant to the provisions 21 of section seven hundred sixty-two or seven hundred sixty-three; or 22 (2) the commissioner shall return the child to the family court for a 23 new dispositional hearing and order. 24 (b) Placements under this section may be for an initial period of 25 [twelve months] ninety days. The court may extend a placement pursuant 26 to section seven hundred fifty-six-a. In its discretion, the court may 27 recommend restitution or require services for public good pursuant to 28 section seven hundred fifty-eight-a in conjunction with an order of 29 placement. [For the purposes of calculating the initial period of30placement, such placement shall be deemed to have commenced sixty days31after the date the child was removed from his or her home in accordance32with the provisions of this article.] If the respondent has been in 33 detention pending disposition, the initial period of placement ordered 34 under this section shall be credited with and diminished by the amount 35 of time spent by the respondent in detention prior to the commencement 36 of the placement unless the court finds that all or part of such credit 37 would not serve the best interests of the respondent. 38 (c) [A placement pursuant to this section with the commissioner of39social services shall not be directed in any detention facility, but40the] The court may direct detention pending transfer to a placement 41 authorized and ordered under this section for no more than [than42fifteen] ten days after such order of placement is made. Such direction 43 shall be subject to extension pursuant to subdivision three of section 44 three hundred ninety-eight of the social services law, upon written 45 documentation to the office of children and family services that the 46 youth is in need of specialized treatment or placement and the diligent 47 efforts by the commissioner of social services to locate an appropriate 48 placement. 49 § 42. Section 756-a of the family court act, as added by chapter 604 50 of the laws of 1986, subdivision (a) as amended by chapter 309 of the 51 laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B 52 of chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended 53 by chapter 7 of the laws of 1999, paragraph (ii) of subdivision (d) as 54 amended by section 3 of part M of chapter 54 of the laws of 2016, para- 55 graphs (iii), (iv) and (v) of subdivision (d) as amended by section 23A. 7642--A 28 1 and subdivision (d-1) as amended by section 24 of part L of chapter 56 2 of the laws of 2015, is amended to read as follows: 3 § 756-a. Extension of placement. (a) In any case in which the child 4 has been placed pursuant to section seven hundred fifty-six, the child, 5 the person with whom the child has been placed or the commissioner of 6 social services may petition the court to extend such placement. Such 7 petition shall be filed at least [sixty] thirty days prior to the expi- 8 ration of the period of placement, except for good cause shown, but in 9 no event shall such petition be filed after the original expiration 10 date. 11 (b) The court shall conduct a permanency hearing concerning the need 12 for continuing the placement. The child, the person with whom the child 13 has been placed and the commissioner of social services shall be noti- 14 fied of such hearing and shall have the right to be heard thereat. 15 (c) The provisions of section seven hundred forty-five shall apply at 16 such permanency hearing. If the petition is filed within [sixty] thirty 17 days prior to the expiration of the period of placement, the court shall 18 first determine at such permanency hearing whether good cause has been 19 shown. If good cause is not shown, the court shall dismiss the petition. 20 (d) At the conclusion of the permanency hearing the court may, in its 21 discretion, order an extension of the placement for not more than [one22year] ninety days. The court must consider and determine in its order: 23 (i) where appropriate, that reasonable efforts were made to make it 24 possible for the child to safely return to his or her home, or if the 25 permanency plan for the child is adoption, guardianship or some other 26 permanent living arrangement other than reunification with the parent or 27 parents of the child, reasonable efforts are being made to make and 28 finalize such alternate permanent placement including consideration of 29 appropriate in-state and out-of-state placements; 30 (ii) in the case of a child who has attained the age of fourteen, (A) 31 the services needed, if any, to assist the child to make the transition 32 from foster care to successful adulthood; and (B)(1) that the permanency 33 plan developed for the child, and any revision or addition to the plan 34 shall be developed in consultation with the child and, at the option of 35 the child, with up to two additional members of the child's permanency 36 planning team who are selected by the child and who are not a foster 37 parent of, or case worker, case planner or case manager for, the child, 38 except that the local commissioner of social services with custody of 39 the child may reject an individual so selected by the child if such 40 commissioner has good cause to believe that the individual would not act 41 in the best interests of the child, and (2) that one individual so 42 selected by the child may be designated to be the child's advisor and, 43 as necessary, advocate with respect to the application of the reasonable 44 and prudent parent standard; 45 (iii) in the case of a child placed outside New York state, whether 46 the out-of-state placement continues to be appropriate and in the best 47 interests of the child; 48 (iv) whether and when the child: (A) will be returned to the parent; 49 (B) should be placed for adoption with the social services official 50 filing a petition for termination of parental rights; (C) should be 51 referred for legal guardianship; (D) should be placed permanently with a 52 fit and willing relative; or (E) should be placed in another planned 53 permanent living arrangement with a significant connection to an adult 54 willing to be a permanency resource for the child if the child is age 55 sixteen or older and (1) the social services official has documented to 56 the court: (I) intensive, ongoing, and, as of the date of the hearing,A. 7642--A 29 1 unsuccessful efforts made by the social services district to return the 2 child home or secure a placement for the child with a fit and willing 3 relative including adult siblings, a legal guardian, or an adoptive 4 parent, including through efforts that utilize search technology includ- 5 ing social media to find biological family members for children, (II) 6 the steps the social services district is taking to ensure that (A) the 7 child's foster family home or child care facility is following the 8 reasonable and prudent parent standard in accordance with guidance 9 provided by the United States department of health and human services, 10 and (B) the child has regular, ongoing opportunities to engage in age or 11 developmentally appropriate activities including by consulting with the 12 child in an age-appropriate manner about the opportunities of the child 13 to participate in activities; and (2) the social services district has 14 documented to the court and the court has determined that there are 15 compelling reasons for determining that it continues to not be in the 16 best interest of the child to return home, be referred for termination 17 of parental rights and placed for adoption, placed with a fit and will- 18 ing relative, or placed with a legal guardian; and (3) the court has 19 made a determination explaining why, as of the date of the hearing, 20 another planned living arrangement with a significant connection to an 21 adult willing to be a permanency resource for the child is the best 22 permanency plan for the child; and 23 (v) where the child will not be returned home, consideration of appro- 24 priate in-state and out-of-state placements. 25 (d-1) At the permanency hearing, the court shall consult with the 26 respondent in an age-appropriate manner regarding the permanency plan; 27 provided, however, that if the respondent is age sixteen or older and 28 the requested permanency plan for the respondent is placement in another 29 planned permanent living arrangement with a significant connection to an 30 adult willing to be a permanency resource for the respondent, the court 31 must ask the respondent about the desired permanency outcome for the 32 respondent. 33 (e) Pending final determination of a petition to extend such placement 34 filed in accordance with the provisions of this section, the court may, 35 on its own motion or at the request of the petitioner or respondent, 36 enter one or more temporary orders extending a period of placement not 37 to exceed thirty days upon satisfactory proof showing probable cause for 38 continuing such placement and that each temporary order is necessary. 39 The court may order additional temporary extensions, not to exceed a 40 total of fifteen days, if the court is unable to conclude the hearing 41 within the thirty day temporary extension period. In no event shall the 42 aggregate number of days in extensions granted or ordered under this 43 subdivision total more than forty-five days. The petition shall be 44 dismissed if a decision is not rendered within the period of placement 45 or any temporary extension thereof. Notwithstanding any provision of law 46 to the contrary, the initial permanency hearing shall be held within 47 [twelve months of the date the child was placed into care] a reasonable 48 period of time prior to the expiration of the initial period of place- 49 ment pursuant to section seven hundred fifty-six [of this article] and 50 no later than every twelve months thereafter. [For the purposes of this51section, the date the child was placed into care shall be sixty days52after the child was removed from his or her home in accordance with the53provisions of this section.] 54 (f) Successive extensions of placement under this section may be 55 granted, but no placement may be made or continued beyond the child'sA. 7642--A 30 1 eighteenth birthday without his or her consent and in no event past his 2 or her twenty-first birthday. 3 § 43. Section 757 of the family court act is amended by adding a new 4 subdivision (e) to read as follows: 5 (e) The court may order services deemed appropriate to address the 6 circumstances alleged in the underlying petition including services 7 provided by family support centers. 8 § 44. Section 758-a of the family court act, as amended by chapter 73 9 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws 10 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the 11 laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 12 1996, and subdivision 3 as separately amended by chapter 568 of the laws 13 of 1979, is amended to read as follows: 14 § 758-a. Restitution. 1. In cases involving acts of [infants] children 15 over [ten] twelve and less than [sixteen] eighteen years of age, the 16 court may 17 (a) recommend as a condition of placement, or order as a condition of 18 probation or suspended judgment, restitution in an amount representing a 19 fair and reasonable cost to replace the property or repair the damage 20 caused by the [infant] child, not, however, to exceed one thousand 21 dollars. [In the case of a placement, the court may recommend that the22infant pay out of his or her own funds or earnings the amount of23replacement or damage, either in a lump sum or in periodic payments in24amounts set by the agency with which he is placed, and in the case of25probation or suspended judgment, the] The court may require that the 26 [infant] child pay out of his or her own funds or earnings the amount of 27 replacement or damage, either in a lump sum or in periodic payments in 28 amounts set by the court; and/or 29 (b) order as a condition of placement, probation, or suspended judg- 30 ment, services for the public good including in the case of a crime 31 involving willful, malicious, or unlawful damage or destruction to real 32 or personal property maintained as a cemetery plot, grave, burial place, 33 or other place of interment of human remains, services for the mainte- 34 nance and repair thereof, taking into consideration the age and physical 35 condition of the [infant] child. 36 2. If the court recommends restitution or requires services for the 37 public good in conjunction with an order of placement pursuant to 38 section seven hundred fifty-six, the placement shall be made only to an 39 authorized agency which has adopted rules and regulations for the super- 40 vision of such a program, which rules and regulations shall be subject 41 to the approval of the state department of social services. Such rules 42 and regulations shall include, but not be limited to provisions (i) 43 assuring that the conditions of work, including wages, meet the stand- 44 ards therefor prescribed pursuant to the labor law; (ii) affording 45 coverage to the child under the workers' compensation law as an employee 46 of such agency, department or institution; (iii) assuring that the enti- 47 ty receiving such services shall not utilize the same to replace its 48 regular employees; and (iv) providing for reports to the court not less 49 frequently than every six months, unless the order provides otherwise. 50 3. If the court requires restitution or services for the public good 51 as a condition of probation or suspended judgment, it shall provide that 52 an agency or person supervise the restitution or services and that such 53 agency or person report to the court not less frequently than every six 54 months, unless the order provides otherwise. Upon the written notice 55 sent by a school district to the court and the appropriate probation 56 department or agency which submits probation recommendations or reportsA. 7642--A 31 1 to the court, the court may provide that such school district shall 2 supervise the performance of services for the public good. 3 4. The court, upon receipt of the reports provided for in subdivision 4 two or three of this section may, on its own motion or the motion of any 5 party or the agency, hold a hearing to determine whether the placement 6 should be altered or modified. 7 § 45. Subdivision (f) of section 759 of the family court act, as 8 amended by section 11 of part E of chapter 57 of the laws of 2005, is 9 amended to read as follows: 10 (f) to participate in family counseling or other professional coun- 11 seling activities, or other services, including services provided by 12 family support centers, alternative dispute resolution services 13 conducted by an authorized person or an authorized agency to which the 14 youth has been referred or placed, deemed necessary for the rehabili- 15 tation of the youth, provided that such family counseling, other coun- 16 seling activity or other necessary services are not contrary to such 17 person's religious beliefs; 18 § 46. Section 768 of the family court act is amended to read as 19 follows: 20 § 768. Successive petitions. If a petition under section seven hundred 21 sixty-four is denied, it may not be renewed for a period of [ninety] 22 thirty days after the denial, unless the order of denial permits renewal 23 at an earlier time. 24 § 47. Section 153-k of the social services law is amended by adding 25 two new subdivisions 2-a and 2-b to read as follows: 26 2-a. 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 purposes, for preventive services, aftercare 30 services, independent living services and foster care services provided 31 to youth age sixteen years of age or older when such services would not 32 otherwise have been provided to such youth absent the provisions in a 33 chapter of the laws of two thousand fifteen that increased the age of 34 juvenile jurisdiction above fifteen years of age. 35 2-b. Notwithstanding any other provision of law to the contrary, state 36 reimbursement shall be made available for one hundred percent of expend- 37 itures made by social services districts, exclusive of any federal funds 38 made available for such purpose, for family support centers established 39 pursuant to title twelve of this article. 40 § 48. Subdivisions 5 and 6 of section 371 of the social services law, 41 subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi- 42 sion 6 as amended by chapter 596 of the laws of 2000, are amended to 43 read as follows: 44 5. "Juvenile delinquent" means a person [over seven and less than45sixteen years of age who does any act which, if done by an adult, would46constitute a crime] as defined in section 301.2 of the family court act. 47 6. "Person in need of supervision" means a person [less than eighteen48years of age who is habitually truant or who is incorrigible, ungoverna-49ble or habitually disobedient and beyond the lawful control of a parent50or other person legally responsible for such child's care, or other51lawful authority] as defined in section seven hundred twelve of the 52 family court act. 53 § 49. Article 6 of the social services law is amended by adding a new 54 title 12 to read as follows: 55 TITLE 12 56 FAMILY SUPPORT CENTERSA. 7642--A 32 1 Section 458-m. Family support centers. 2 458-n. Funding for family support centers. 3 § 458-m. Family support centers. 1. As used in this title, the term 4 "family support center" shall mean a program established pursuant to 5 this title to provide community-based supportive services to youth at 6 risk of being, or alleged or adjudicated to be persons in need of super- 7 vision pursuant to article seven of the family court act, and their 8 families. Family support centers may also provide community-based 9 supportive services to youth who are alleged or adjudicated to be juve- 10 nile delinquents pursuant to article three of the family court act. 11 2. Family support centers shall provide comprehensive services to such 12 children and their families, either directly or through referrals with 13 partner agencies, including, but not limited to: 14 (a) rapid family assessments and screenings; 15 (b) crisis intervention; 16 (c) family mediation and skills building; 17 (d) mental and behavioral health services, as defined in subdivision 18 fifty-eight of section 1.03 of the mental hygiene law, including cogni- 19 tive interventions; 20 (e) case management; 21 (f) respite services; and 22 (g) other family support services. 23 3. To the extent practicable, the services that are provided shall be 24 trauma sensitive, family focused, gender-responsive, where appropriate, 25 and evidence and/or strength based and shall be tailored to the individ- 26 ualized needs of the child and family based on the assessments and 27 screenings conducted by such family support center. 28 4. Family support centers shall have the capacity to serve families 29 outside of regular business hours including evenings or weekends. 30 § 458-n. Funding for family support centers. 1. Notwithstanding any 31 other provision of law to the contrary, state reimbursement shall be 32 made available for one hundred percent of expenditures made by social 33 services districts, exclusive of any federal funds made available for 34 such purpose, for family support centers statewide. 35 2. Notwithstanding any other provision of law to the contrary, family 36 support centers shall be established in each social services district 37 throughout the state with the approval of the office of children and 38 family services, provided however that two or more social services 39 districts may join together to establish, operate and maintain a family 40 support center and may make and perform agreements in connection there- 41 with. 42 3. Social services districts may contract with not-for-profit corpo- 43 rations or utilize existing programs to operate family support centers 44 in accordance with the provisions of this title and the specific program 45 requirements issued by the office. Family support centers shall have 46 sufficient capacity to provide services to youth within the social 47 services district or districts who are at risk of becoming, alleged or 48 adjudicated to be persons in need of supervision pursuant to article 49 seven of the family court act, and their families. In addition, to the 50 extent practicable, family support centers may provide services to youth 51 who are alleged or adjudicated under article three of the family court 52 act. 53 4. Social services districts receiving funding under this title shall 54 report to the office of children and family services, in the form and 55 manner and at such times as determined by the office, on the performanceA. 7642--A 33 1 outcomes of any family support center located within such district that 2 receives funding under this title. 3 § 50. Subdivisions 3 and 11 of section 398 of the social services law, 4 subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph 5 (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of 6 the laws of 2005, subdivision 11 as added by chapter 514 of the laws of 7 1976, are amended to read as follows: 8 3. As to delinquent children and persons in need of supervision: 9 (a) Investigate complaints as to alleged delinquency of a child. 10 (b) Bring such case of alleged delinquency when necessary before the 11 family court. 12 (c) Receive within fifteen days from the order of placement as a 13 public charge any delinquent child committed or placed or in the case of 14 a person in need of supervision placed, ten days, in his or her care by 15 the family court provided, however, that the commissioner of the social 16 services district with whom the child is placed may apply to the state 17 commissioner or his or her designee for approval of an additional 18 fifteen days, or in the case of a person in need of supervision, ten 19 days, upon written documentation to the office of children and family 20 services that the youth is in need of specialized treatment or placement 21 and the diligent efforts by the commissioner of social services to 22 locate an appropriate placement. 23 11. In the case of a child who is adjudicated a person in need of 24 supervision or a juvenile delinquent and is placed by the family court 25 with the [division for youth] office of children and family services and 26 who is placed by [the division for youth] such office with an authorized 27 agency pursuant to court order, the social services official shall make 28 expenditures in accordance with the regulations of the department for 29 the care and maintenance of such child during the term of such placement 30 subject to state reimbursement pursuant to section one hundred fifty- 31 three-k of this title[, or article nineteen-G of the executive law in32applicable cases]. 33 § 51. Subdivision 8 of section 404 of the social services law, as 34 added by section 1 of subpart A of part G of chapter 57 of the laws of 35 2012, is amended to read as follows: 36 8. (a) Notwithstanding any other provision of law to the contrary[,] 37 except as provided for in paragraph (a-1) of this subdivision, eligible 38 expenditures during the applicable time periods made by a social 39 services district for an approved juvenile justice services close to 40 home initiative shall, if approved by the department of family assist- 41 ance, be subject to reimbursement with state funds only up to the extent 42 of an annual appropriation made specifically therefor, after first 43 deducting therefrom any federal funds properly received or to be 44 received on account thereof; provided, however, that when such funds 45 have been exhausted, a social services district may receive state 46 reimbursement from other available state appropriations for that state 47 fiscal year for eligible expenditures for services that otherwise would 48 be reimbursable under such funding streams. Any claims submitted by a 49 social services district for reimbursement for a particular state fiscal 50 year for which the social services district does not receive state 51 reimbursement from the annual appropriation for the approved close to 52 home initiative may not be claimed against that district's appropriation 53 for the initiative for the next or any subsequent state fiscal year. 54 (i) State funding for reimbursement shall be, subject to appropri- 55 ation, in the following amounts: for state fiscal year 2013-14, 56 $35,200,000 adjusted by any changes in such amount required by subpara-A. 7642--A 34 1 graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15, 2 $41,400,000 adjusted to include the amount of any changes made to the 3 state fiscal year 2013-14 appropriation under subparagraphs (ii) and 4 (iii) of this paragraph plus any additional changes required by such 5 subparagraphs; and, such reimbursement shall be, subject to appropri- 6 ation, for all subsequent state fiscal years in the amount of the prior 7 year's actual appropriation adjusted by any changes required by subpara- 8 graphs (ii) and (iii) of this paragraph. 9 (ii) The reimbursement amounts set forth in subparagraph (i) of this 10 paragraph shall be increased or decreased by the percentage that the 11 average of the most recently approved maximum state aid rates for group 12 residential foster care programs is higher or lower than the average of 13 the approved maximum state aid rates for group residential foster care 14 programs in existence immediately prior to the most recently approved 15 rates. 16 (iii) The reimbursement amounts set forth in subparagraph (i) of this 17 paragraph shall be increased if either the population of alleged juve- 18 nile delinquents who receive a probation intake or the total population 19 of adjudicated juvenile delinquents placed on probation combined with 20 the population of adjudicated juvenile delinquents placed out of their 21 homes in a setting other than a secure facility pursuant to section 22 352.2 of the family court act, increases by at least ten percent over 23 the respective population in the annual baseline year. The baseline year 24 shall be the period from July first, two thousand ten through June thir- 25 tieth, two thousand eleven or the most recent twelve month period for 26 which there is complete data, whichever is later. In each successive 27 year, the population of the previous July first through June thirtieth 28 period shall be compared to the baseline year for determining any 29 adjustments to a state fiscal year appropriation. When either population 30 increases by ten percent or more, the reimbursement will be adjusted by 31 a percentage equal to the larger of the percentage increase in either 32 the number of probation intakes for alleged juvenile delinquents or the 33 total population of adjudicated juvenile delinquents placed on probation 34 combined with the population of adjudicated juvenile delinquents placed 35 out of their homes in a setting other than a secure facility pursuant to 36 section 352.2 of the family court act. 37 (iv) The social services district and/or the New York city department 38 of probation shall provide an annual report including the data required 39 to calculate the population adjustment to the New York city office of 40 management and budget, the division of criminal justice services and the 41 state division of the budget no later than the first day of September 42 following the close of the previous July first through June thirtieth 43 period. 44 (a-1) State reimbursement shall be made available for one hundred 45 percent of eligible expenditures made by a social services district, 46 exclusive of any federal funds made available for such purposes, for 47 approved juvenile justice services under an approved close to home 48 initiative provided to youth age sixteen years of age or older when such 49 services would not otherwise have been provided to such youth absent the 50 provisions in a chapter of the laws of two thousand fifteen that 51 increased the age of juvenile jurisdiction above fifteen years of age. 52 (b) The department of family assistance is authorized, in its 53 discretion, to make advances to a social services district in antic- 54 ipation of the state reimbursement provided for in this section. 55 (c) A social services district shall conduct eligibility determi- 56 nations for federal and state funding and submit claims for reimburse-A. 7642--A 35 1 ment in such form and manner and at such times and for such periods as 2 the department of family assistance shall determine. 3 (d) Notwithstanding any inconsistent provision of law or regulation of 4 the department of family assistance, state reimbursement shall not be 5 made for any expenditure made for the duplication of any grant or allow- 6 ance for any period. 7 (e) Claims submitted by a social services district for reimbursement 8 shall be paid after deducting any expenditures defrayed by fees, third 9 party reimbursement, and any non-tax levy funds including any donated 10 funds. 11 (f) The office of children and family services shall not reimburse any 12 claims for expenditures for residential services that are submitted more 13 than twenty-two months after the calendar quarter in which the expendi- 14 tures were made. 15 (g) Notwithstanding any other provision of law, the state shall not be 16 responsible for reimbursing a social services district and a district 17 shall not seek state reimbursement for any portion of any state disal- 18 lowance or sanction taken against the social services district, or any 19 federal disallowance attributable to final federal agency decisions or 20 to settlements made, when such disallowance or sanction results from the 21 failure of the social services district to comply with federal or state 22 requirements, including, but not limited to, failure to document eligi- 23 bility for the federal or state funds in the case record. To the extent 24 that the social services district has sufficient claims other than those 25 that are subject to disallowance or sanction to draw down the full annu- 26 al appropriation, such disallowance or sanction shall not result in a 27 reduction in payment of state funds to the district unless the district 28 requests that the department use a portion of the appropriation toward 29 meeting the district's responsibility to repay the federal government 30 for the disallowance or sanction and any related interest payments. 31 (h) Rates for residential services. (i) The office shall establish the 32 rates, in accordance with section three hundred ninety-eight-a of this 33 chapter, for any non-secure facilities established under an approved 34 juvenile justice services close to home initiative. For any such non-se- 35 cure facility that will be used primarily by the social services 36 district with an approved close to home initiative, final authority for 37 establishment of such rates and any adjustments thereto shall reside 38 with the office, but such rates and any adjustments thereto shall be 39 established only upon the request of, and in consultation with, such 40 social services district. 41 (ii) A social services district with an approved juvenile justice 42 services close to home initiative for juvenile delinquents placed in 43 limited secure settings shall have the authority to establish and 44 adjust, on an annual or regular basis, maintenance rates for limited 45 secure facilities providing residential services under such initiative. 46 Such rates shall not be subject to the provisions of section three 47 hundred ninety-eight-a of this chapter but shall be subject to maximum 48 cost limits established by the office of children and family services. 49 § 52. Paragraph (a) of subdivision 1 of section 409-a of the social 50 services law, as amended by chapter 87 of the laws of 1993, subparagraph 51 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) 52 as amended by section 22 of part C of chapter 83 of the laws of 2002, is 53 amended to read as follows: 54 (a) A social services official shall provide preventive services to a 55 child and his or her family, in accordance with the family's service 56 plan as required by section four hundred nine-e of this chapter and theA. 7642--A 36 1 social services district's child welfare services plan submitted and 2 approved pursuant to section four hundred nine-d of this chapter, upon a 3 finding by such official that (i) the child will be placed, returned to 4 or continued in foster care unless such services are provided and that 5 it is reasonable to believe that by providing such services the child 6 will be able to remain with or be returned to his or her family, and for 7 a former foster care youth under the age of twenty-one who was previous- 8 ly placed in the care and custody or custody and guardianship of the 9 local commissioner of social services or other officer, board or depart- 10 ment authorized to receive children as public charges where it is 11 reasonable to believe that by providing such services the former foster 12 care youth will avoid a return to foster care or (ii) the child is the 13 subject of a petition under article seven of the family court act, or 14 has been determined by the assessment service established pursuant to 15 section two hundred forty-three-a of the executive law, or by the 16 probation service where no such assessment service has been designated, 17 to be at risk of being the subject of such a petition, and the social 18 services official determines that the child is at risk of placement into 19 foster care. Such finding shall be entered in the child's uniform case 20 record established and maintained pursuant to section four hundred 21 nine-f of this chapter. The commissioner shall promulgate regulations to 22 assist social services officials in making determinations of eligibility 23 for mandated preventive services pursuant to this [subparagraph] para- 24 graph. 25 § 53. Section 30.00 of the penal law, as amended by chapter 481 of the 26 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007, 27 is amended to read as follows: 28 § 30.00 Infancy. 29 1. Except as provided in [subdivision] subdivisions two and three of 30 this section, a person less than [sixteen] eighteen years old is not 31 criminally responsible for conduct. 32 2. A person thirteen, fourteen [or], fifteen, sixteen, or seventeen 33 years of age is criminally responsible for acts constituting murder in 34 the second degree as defined in subdivisions one and two of section 35 125.25 and in subdivision three of such section provided that the under- 36 lying crime for the murder charge is one for which such person is crimi- 37 nally responsible or for such conduct as a sexually motivated felony, 38 where authorized pursuant to section 130.91 of [the penal law] this 39 chapter; and a person fourteen [or], fifteen, sixteen or seventeen years 40 of age is criminally responsible for acts constituting the crimes 41 defined in section 135.25 (kidnapping in the first degree); 150.20 42 (arson in the first degree); subdivisions one and two of section 120.10 43 (assault in the first degree); 125.20 (manslaughter in the first 44 degree); subdivisions one and two of section 130.35 (rape in the first 45 degree); subdivisions one and two of section 130.50 (criminal sexual act 46 in the first degree); 130.70 (aggravated sexual abuse in the first 47 degree); 140.30 (burglary in the first degree); subdivision one of 48 section 140.25 (burglary in the second degree); 150.15 (arson in the 49 second degree); 160.15 (robbery in the first degree); subdivision two of 50 section 160.10 (robbery in the second degree) of this chapter; or 51 section 265.03 of this chapter, where such machine gun or such firearm 52 is possessed on school grounds, as that phrase is defined in subdivision 53 fourteen of section 220.00 of this chapter; or defined in this chapter 54 as an attempt to commit murder in the second degree or kidnapping in the 55 first degree, or for such conduct as a sexually motivated felony, where 56 authorized pursuant to section 130.91 of [the penal law] this chapter.A. 7642--A 37 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 or biological weapon in the first degree); 5 490.50 (criminal use of a chemical weapon or biological weapon in the 6 second degree); 490.55 (criminal use of a chemical weapon or biological 7 weapon in the first degree); 130.95 (predatory sexual assault); 130.96 8 (predatory sexual assault against a child); 120.11 (aggravated assault 9 upon a police officer or a peace officer); 125.22 (aggravated 10 manslaughter in the first degree); 130.75 (course of sexual conduct 11 against a child in the first degree); 215.17 (intimidating a victim or 12 witness in the first degree); 255.27 (incest in the first degree); 13 265.04 (criminal possession of a weapon in the first degree); 265.09 14 (criminal use of a firearm in the first degree); 265.13 (criminal sale 15 of a firearm in the first degree); 490.35 (hindering prosecution of 16 terrorism in the first degree); 490.40 (criminal possession of a chemi- 17 cal weapon or biological weapon in the second degree); 490.47 (criminal 18 use of a chemical weapon or biological weapon in the third degree); 19 121.13 (strangulation in the first degree); 130.67 (aggravated sexual 20 abuse in the second degree); 490.37 (criminal possession of a chemical 21 weapon or biological weapon in the third degree); or 130.66 (aggravated 22 sexual abuse in the third degree) of this chapter; or such conduct 23 committed as a sexually motivated felony, where authorized pursuant to 24 section 130.91 of this chapter. 25 4. In any prosecution for an offense, lack of criminal responsibility 26 by reason of infancy, as defined in this section, is a defense. 27 § 54. Subdivision 2 of section 60.02 of the penal law, as amended by 28 chapter 471 of the laws of 1980, is amended to read as follows: 29 (2) If the sentence is to be imposed upon a youthful offender finding 30 which has been substituted for a conviction for any felony, the court 31 must impose a sentence authorized to be imposed upon a person convicted 32 of a class E felony provided, however, that (a) the court must not 33 impose a sentence of [conditional discharge or] unconditional discharge 34 if the youthful offender finding was substituted for a conviction of a 35 felony defined in article two hundred twenty of this chapter. 36 § 55. Section 60.10 of the penal law, as amended by chapter 411 of the 37 laws of 1979, is amended to read as follows: 38 § 60.10 Authorized disposition; juvenile offender. 39 1. When a juvenile offender is convicted of a crime, the court shall 40 sentence the defendant to imprisonment in accordance with section 70.05 41 or sentence [him] the defendant upon a youthful offender finding in 42 accordance with section 60.02 of this chapter. 43 2. Subdivision one of this section shall apply when sentencing a juve- 44 nile offender notwithstanding the provisions of any other law that deals 45 with the authorized sentence for persons who are not juvenile offenders. 46 Provided, however, that the limitation prescribed by this section shall 47 not be deemed or construed to bar use of a conviction of a juvenile 48 offender, other than a juvenile offender who has been adjudicated a 49 youthful offender pursuant to section 720.20 of the criminal procedure 50 law, as a previous or predicate felony offender under section 70.04, 51 70.06, 70.07, 70.08, [or 70.10,], or 70.80 when sentencing a person who 52 commits a felony after [he] such person has reached the age of [sixteen] 53 eighteen. 54 § 56. Paragraph (b) of subdivision 2 of section 70.05 of the penal 55 law, as added by chapter 481 of the laws of 1978, is amended and a new 56 paragraph (b-1) is added to read as follows:A. 7642--A 38 1 (b) For [the] a class [A] A-I felony [of arson in the first degree, or2for the class A felony of kidnapping in the first degree] other than 3 murder in the second degree, the term shall be fixed by the court, and 4 shall be at least twelve years but shall not exceed fifteen years; 5 (b-1) For a class A-II felony the term shall be fixed by the court and 6 shall be at least ten years but shall not exceed fourteen years; 7 § 57. Paragraph (b) of subdivision 3 of section 70.05 of the penal 8 law, as added by chapter 481 of the laws of 1978, is amended and a new 9 subdivision (b-1) is added to read as follows: 10 (b) For [the] a class [A] A-I felony [of arson in the first degree, or11for the class A felony of kidnapping in the first degree] other than 12 murder in the second degree, the minimum period of imprisonment shall be 13 fixed by the court and shall be not less than four years but shall not 14 exceed six years; and 15 (b-1) For a class A-II felony, the minimum period of imprisonment 16 shall be fixed by the court and shall be not less than three years but 17 shall not exceed five years; and 18 § 58. Subdivision 1 of section 70.20 of the penal law, as amended by 19 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is 20 amended to read as follows: 21 1. [(a)] Indeterminate or determinate sentence. Except as provided in 22 subdivision four of this section, when an indeterminate or determinate 23 sentence of imprisonment is imposed, the court shall commit the defend- 24 ant to the custody of the state department of corrections and community 25 supervision for the term of his or her sentence and until released in 26 accordance with the law; provided, however, that a defendant sentenced 27 pursuant to subdivision seven of section 70.06 shall be committed to the 28 custody of the state department of corrections and community supervision 29 for immediate delivery to a reception center operated by the department. 30 [(b) The court in committing a defendant who is not yet eighteen years31of age to the department of corrections and community supervision shall32inquire as to whether the parents or legal guardian of the defendant, if33present, will grant to the minor the capacity to consent to routine34medical, dental and mental health services and treatment.35(c) Notwithstanding paragraph (b) of this subdivision, where the court36commits a defendant who is not yet eighteen years of age to the custody37of the department of corrections and community supervision in accordance38with this section and no medical consent has been obtained prior to said39commitment, the commitment order shall be deemed to grant the capacity40to consent to routine medical, dental and mental health services and41treatment to the person so committed.42(d) Nothing in this subdivision shall preclude a parent or legal guar-43dian of an inmate who is not yet eighteen years of age from making a44motion on notice to the department of corrections and community super-45vision pursuant to article twenty-two of the civil practice law and46rules and section one hundred forty of the correction law, objecting to47routine medical, dental or mental health services and treatment being48provided to such inmate under the provisions of paragraph (b) of this49subdivision.50(e) Nothing in this section shall require that consent be obtained51from the parent or legal guardian, where no consent is necessary or52where the defendant is authorized by law to consent on his or her own53behalf to any medical, dental, and mental health service or treatment.] 54 § 59. Subdivision 2 of section 70.20 of the penal law, as amended by 55 chapter 437 of the laws of 2013, is amended to read as follows:A. 7642--A 39 1 2. [(a)] Definite sentence. Except as provided in subdivision four of 2 this section, when a definite sentence of imprisonment is imposed, the 3 court shall commit the defendant to the county or regional correctional 4 institution for the term of his sentence and until released in accord- 5 ance with the law. 6 [(b) The court in committing a defendant who is not yet eighteen years7of age to the local correctional facility shall inquire as to whether8the parents or legal guardian of the defendant, if present, will grant9to the minor the capacity to consent to routine medical, dental and10mental health services and treatment.11(c) Nothing in this subdivision shall preclude a parent or legal guar-12dian of an inmate who is not yet eighteen years of age from making a13motion on notice to the local correction facility pursuant to article14twenty-two of the civil practice law and rules and section one hundred15forty of the correction law, objecting to routine medical, dental or16mental health services and treatment being provided to such inmate under17the provisions of paragraph (b) of this subdivision.] 18 § 60. Subdivision 4 of section 70.20 of the penal law, as amended by 19 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is 20 amended to read as follows: 21 4. (a) Notwithstanding any other provision of law to the contrary, a 22 juvenile offender[,] or a juvenile offender who is adjudicated a youth- 23 ful offender and given an indeterminate or a definite sentence, and who 24 is under the age of twenty-one at the time of sentencing, shall be 25 committed to the custody of the commissioner of the office of children 26 and family services who shall arrange for the confinement of such offen- 27 der in [secure] facilities of the office. The release or transfer of 28 such offenders from the office of children and family services shall be 29 governed by section five hundred eight of the executive law. If the 30 juvenile offender is convicted or adjudicated a youthful offender and is 31 twenty-one years of age or older at the time of sentencing, he or she 32 shall be delivered to the department of corrections and community super- 33 vision. 34 (a-1) Notwithstanding any other provision of law to the contrary, a 35 person who is sentenced to an indeterminate sentence as an adult for 36 committing a crime when he or she was sixteen or seventeen years of age 37 who is sentenced on or after December first, two thousand fifteen to a 38 term of at least one year of imprisonment and who is under the age of 39 eighteen at the time he or she is sentenced shall be committed to the 40 custody of the commissioner of the office of children and family 41 services who shall arrange for the confinement of such offender in 42 facilities of the office. The release or transfer of such offenders from 43 the office of children and family services shall be governed by section 44 five hundred eight of the executive law. 45 (b) The court in committing [a juvenile offender and youthful offen-46der] an offender under eighteen years of age to the custody of the 47 office of children and family services shall inquire as to whether the 48 parents or legal guardian of the youth, if present, will consent for the 49 office of children and family services to provide routine medical, 50 dental and mental health services and treatment. 51 (c) Notwithstanding paragraph (b) of this subdivision, where the court 52 commits an offender to the custody of the office of children and family 53 services in accordance with this section and no medical consent has been 54 obtained prior to said commitment, the commitment order shall be deemed 55 to grant consent for the office of children and family services toA. 7642--A 40 1 provide for routine medical, dental and mental health services and 2 treatment to the offender so committed. 3 (d) Nothing in this subdivision shall preclude a parent or legal guar- 4 dian of an offender who is not yet eighteen years of age from making a 5 motion on notice to the office of children and family services pursuant 6 to article twenty-two of the civil practice law and rules objecting to 7 routine medical, dental or mental health services and treatment being 8 provided to such offender under the provisions of paragraph (b) of this 9 subdivision. 10 (e) Nothing in this section shall require that consent be obtained 11 from the parent or legal guardian, where no consent is necessary or 12 where the offender is authorized by law to consent on his or her own 13 behalf to any medical, dental and mental health service or treatment. 14 § 60-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal 15 law, as added by chapter 481 of the laws of 1978 and relettered by chap- 16 ter 3 of the laws of 1995, is amended to read as follows: 17 (f) The aggregate maximum term of consecutive sentences imposed upon a 18 juvenile offender for two or more crimes, not including a class A felo- 19 ny, committed before he has reached the age of sixteen, shall, if it 20 exceeds ten years, be deemed to be ten years. If consecutive indetermi- 21 nate sentences imposed upon a juvenile offender include a sentence for 22 [the] a class A felony [of arson in the first degree or for the class A23felony of kidnapping in the first degree] other than murder in the 24 second degree, then the aggregate maximum term of such sentences shall, 25 if it exceeds fifteen years, be deemed to be fifteen years. Where the 26 aggregate maximum term of two or more consecutive sentences is reduced 27 by a calculation made pursuant to this paragraph, the aggregate minimum 28 period of imprisonment, if it exceeds one-half of the aggregate maximum 29 term as so reduced, shall be deemed to be one-half of the aggregate 30 maximum term as so reduced. 31 § 61. Subdivision 18 of section 10.00 of the penal law, as amended by 32 chapter 7 of the laws of 2007, is amended to read as follows: 33 18. "Juvenile offender" means (1) a person thirteen years old who is 34 criminally responsible for acts constituting murder in the second degree 35 as defined in subdivisions one and two of section 125.25 of this chapter 36 or such conduct as a sexually motivated felony, where authorized pursu- 37 ant to section 130.91 of [the penal law; and] this chapter; 38 (2) a person fourteen [or], fifteen, sixteen or seventeen years old 39 who is criminally responsible for acts constituting the crimes defined 40 in subdivisions one and two of section 125.25 (murder in the second 41 degree) and in subdivision three of such section provided that the 42 underlying crime for the murder charge is one for which such person is 43 criminally responsible; section 135.25 (kidnapping in the first degree); 44 150.20 (arson in the first degree); subdivisions one and two of section 45 120.10 (assault in the first degree); 125.20 (manslaughter in the first 46 degree); subdivisions one and two of section 130.35 (rape in the first 47 degree); subdivisions one and two of section 130.50 (criminal sexual act 48 in the first degree); 130.70 (aggravated sexual abuse in the first 49 degree); 140.30 (burglary in the first degree); subdivision one of 50 section 140.25 (burglary in the second degree); 150.15 (arson in the 51 second degree); 160.15 (robbery in the first degree); subdivision two of 52 section 160.10 (robbery in the second degree) of this chapter; or 53 section 265.03 of this chapter, where such machine gun or such firearm 54 is possessed on school grounds, as that phrase is defined in subdivision 55 fourteen of section 220.00 of this chapter; or defined in this chapter 56 as an attempt to commit murder in the second degree or kidnapping in theA. 7642--A 41 1 first degree, or such conduct as a sexually motivated felony, where 2 authorized pursuant to section 130.91 of [the penal law] this chapter; 3 and 4 (3) a person sixteen or seventeen years of age is criminally responsi- 5 ble for acts constituting the crimes defined in section 460.22 (aggra- 6 vated enterprise corruption); 490.25 (crime of terrorism); 490.45 (crim- 7 inal possession of a chemical weapon or biological weapon in the first 8 degree); 490.50 (criminal use of a chemical weapon or biological weapon 9 in the second degree); 490.55 (criminal use of a chemical weapon or 10 biological weapon in the first degree); 130.95 (predatory sexual 11 assault); 130.96 (predatory sexual assault against a child); 120.11 12 (aggravated assault upon a police officer or a peace officer); 125.22 13 (aggravated manslaughter in the first degree); 130.75 (course of sexual 14 conduct against a child in the first degree); 215.17 (intimidating a 15 victim or witness in the first degree); 255.27 (incest in the first 16 degree); 265.04 (criminal possession of a weapon in the first degree); 17 265.09 (criminal use of a firearm in the first degree); 265.13 (criminal 18 sale of a firearm in the first degree); 490.35 (hindering prosecution of 19 terrorism in the first degree); 490.40 (criminal possession of a chemi- 20 cal weapon or biological weapon in the second degree); 490.47 (criminal 21 use of a chemical weapon or biological weapon in the third degree); 22 121.13 (strangulation in the first degree); 130.67 (aggravated sexual 23 abuse in the second degree); 490.37 (criminal possession of a chemical 24 weapon or biological weapon in the third degree); or 130.66 (aggravated 25 sexual abuse in the third degree) of this chapter; or such conduct 26 committed as a sexually motivated felony, where authorized pursuant to 27 section 130.91 of this chapter. 28 § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as 29 amended by chapter 7 of the laws of 2007, is amended to read as follows: 30 42. "Juvenile offender" means (1) a person, thirteen years old who is 31 criminally responsible for acts constituting murder in the second degree 32 as defined in subdivisions one and two of section 125.25 of the penal 33 law, or such conduct as a sexually motivated felony, where authorized 34 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen 35 [or], fifteen, sixteen or seventeen years old who is criminally respon- 36 sible for acts constituting the crimes defined in subdivisions one and 37 two of section 125.25 (murder in the second degree) and in subdivision 38 three of such section provided that the underlying crime for the murder 39 charge is one for which such person is criminally responsible; section 40 135.25 (kidnapping in the first degree); 150.20 (arson in the first 41 degree); subdivisions one and two of section 120.10 (assault in the 42 first degree); 125.20 (manslaughter in the first degree); subdivisions 43 one and two of section 130.35 (rape in the first degree); subdivisions 44 one and two of section 130.50 (criminal sexual act in the first degree); 45 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 46 in the first degree); subdivision one of section 140.25 (burglary in the 47 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 48 the first degree); subdivision two of section 160.10 (robbery in the 49 second degree) of the penal law; or section 265.03 of the penal law, 50 where such machine gun or such firearm is possessed on school grounds, 51 as that phrase is defined in subdivision fourteen of section 220.00 of 52 the penal law; or defined in the penal law as an attempt to commit 53 murder in the second degree or kidnapping in the first degree, or such 54 conduct as a sexually motivated felony, where authorized pursuant to 55 section 130.91 of the penal law; and (3) a person sixteen or seventeen 56 years of age is criminally responsible for acts constituting the crimesA. 7642--A 42 1 defined in section 460.22 (aggravated enterprise corruption); 490.25 2 (crime of terrorism); 490.45 (criminal possession of a chemical weapon 3 or biological weapon in the first degree); 490.50 (criminal use of a 4 chemical weapon or biological weapon in the second degree); 490.55 5 (criminal use of a chemical weapon or biological weapon in the first 6 degree); 130.95 (predatory sexual assault); 130.96 (predatory sexual 7 assault against a child); 120.11 (aggravated assault upon a police offi- 8 cer or a peace officer); 125.22 (aggravated manslaughter in the first 9 degree); 130.75 (course of sexual conduct against a child in the first 10 degree); 215.17 (intimidating a victim or witness in the first degree); 11 255.27 (incest in the first degree); 265.04 (criminal possession of a 12 weapon in the first degree); 265.09 (criminal use of a firearm in the 13 first degree); 265.13 (criminal sale of a firearm in the first degree); 14 490.35 (hindering prosecution of terrorism in the first degree); 490.40 15 (criminal possession of a chemical weapon or biological weapon in the 16 second degree); 490.47 (criminal use of a chemical weapon or biological 17 weapon in the third degree); 121.13 (strangulation in the first degree); 18 130.67 (aggravated sexual abuse in the second degree); 490.37 (criminal 19 possession of a chemical weapon or biological weapon in the third 20 degree); or 130.66 (aggravated sexual abuse in the third degree) of this 21 chapter; or such conduct committed as a sexually motivated felony, where 22 authorized pursuant to section 130.91 of this chapter. 23 § 63. The article heading of article 100 of the criminal procedure law 24 is amended to read as follows: 25 --COMMENCEMENT OF ACTION IN LOCAL 26 CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL27CRIMINAL COURT] ACCUSATORY INSTRUMENTS 28 § 63-a. The opening paragraph of section 100.05 of the criminal proce- 29 dure law is amended to read as follows: 30 A criminal action is commenced by the filing of an accusatory instru- 31 ment with a criminal court, or, in the case of a juvenile offender, the 32 youth part of the superior court, and if more than one such instrument 33 is filed in the course of the same criminal action, such action 34 commences when the first of such instruments is filed. The only way in 35 which a criminal action can be commenced in a superior court is by the 36 filing therewith by a grand jury of an indictment against a defendant 37 who has never been held by a local criminal court for the action of such 38 grand jury with respect to any charge contained in such indictment; 39 provided, however, that when the criminal action is commenced against a 40 juvenile offender, such criminal action, whatever the form of commence- 41 ment, shall be filed in the youth part of the superior court or, if the 42 youth part is not in session, filed with the most accessible magistrate 43 designated by the appellate division of the supreme court in the appli- 44 cable department to act as a youth part. Otherwise, a criminal action 45 can be commenced only in a local criminal court, by the filing therewith 46 of a local criminal court accusatory instrument, namely: 47 § 63-b. The section heading and subdivision 5 of section 100.10 of the 48 criminal procedure law are amended to read as follows: 49 Local criminal court and youth part of the superior court accusatory 50 instruments; definitions thereof. 51 5. A "felony complaint" is a verified written accusation by a person, 52 filed with a local criminal court, or youth part of the superior court, 53 charging one or more other persons with the commission of one or more 54 felonies. It serves as a basis for the commencement of a criminal 55 action, but not as a basis for prosecution thereof.A. 7642--A 43 1 § 63-c. The section heading of section 100.40 of the criminal proce- 2 dure law is amended to read as follows: 3 Local criminal court and youth part of the superior court accusatory 4 instruments; sufficiency on face. 5 § 63-d. The criminal procedure law is amended by adding a new section 6 100.60 to read as follows: 7 § 100.60 Youth part of the superior court accusatory instruments; in 8 what courts filed. 9 Any youth part of the superior court accusatory instrument may be 10 filed with the youth part of the superior court of a particular county 11 when an offense charged therein was allegedly committed in such county 12 or that part thereof over which such court has jurisdiction. 13 § 63-e. The article heading of article 110 of the criminal procedure 14 law is amended to read as follows: 15 --REQUIRING DEFENDANT'S APPEARANCE 16 IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT 17 FOR ARRAIGNMENT 18 § 63-f. The section heading and subdivisions 1 and 2 of section 110.10 19 of the criminal procedure law are amended to read as follows: 20 Methods of requiring defendant's appearance in local criminal court or 21 youth part of the superior court for arraignment; in general. 22 1. After a criminal action has been commenced in a local criminal 23 court or youth part of the superior court by the filing of an accusatory 24 instrument therewith, a defendant who has not been arraigned in the 25 action and has not come under the control of the court may under certain 26 circumstances be compelled or required to appear for arraignment upon 27 such accusatory instrument by: 28 (a) The issuance and execution of a warrant of arrest, as provided in 29 article one hundred twenty; or 30 (b) The issuance and service upon him of a summons, as provided in 31 article one hundred thirty; or 32 (c) Procedures provided in articles five hundred sixty, five hundred 33 seventy, five hundred eighty, five hundred ninety and six hundred for 34 securing attendance of defendants in criminal actions who are not at 35 liberty within the state. 36 2. Although no criminal action against a person has been commenced in 37 any court, he may under certain circumstances be compelled or required 38 to appear in a local criminal court or youth part of a superior court 39 for arraignment upon an accusatory instrument to be filed therewith at 40 or before the time of his appearance by: 41 (a) An arrest made without a warrant, as provided in article one 42 hundred forty; or 43 (b) The issuance and service upon him of an appearance ticket, as 44 provided in article one hundred fifty. 45 § 63-g. Section 110.20 of the criminal procedure law, as amended by 46 chapter 843 of the laws of 1980, is amended to read as follows: 47 § 110.20 Local criminal court or youth part of the superior court accu- 48 satory instruments; notice thereof to district attorney. 49 When a criminal action in which a crime is charged is commenced in a 50 local criminal court, other than the criminal court of the city of New 51 York, or youth part of the superior court, a copy of the accusatory 52 instrument shall be promptly transmitted to the appropriate district 53 attorney upon or prior to the arraignment of the defendant on the accu- 54 satory instrument. If a police officer or a peace officer is the 55 complainant or the filer of a simplified information, or has arrested 56 the defendant or brought him before the local criminal court or youthA. 7642--A 44 1 part of the superior court on behalf of an arresting person pursuant to 2 subdivision one of section 140.20, such officer or his agency shall 3 transmit the copy of the accusatory instrument to the appropriate 4 district attorney. In all other cases, the clerk of the court in which 5 the defendant is arraigned shall so transmit it. 6 § 63-h. The opening paragraph of subdivision 1 of section 120.20 of 7 the criminal procedure law, as amended by chapter 506 of the laws of 8 2000, is amended to read as follows: 9 When a criminal action has been commenced in a local criminal court or 10 youth part of the superior court by the filing therewith of an accusato- 11 ry instrument, other than a simplified traffic information, against a 12 defendant who has not been arraigned upon such accusatory instrument and 13 has not come under the control of the court with respect thereto: 14 § 63-i. Section 120.30 of the criminal procedure law is amended to 15 read as follows: 16 § 120.30 Warrant of arrest; by what courts issuable and in what courts 17 returnable. 18 1. A warrant of arrest may be issued only by the local criminal court 19 or youth part of the superior court with which the underlying accusatory 20 instrument has been filed, and it may be made returnable in such issuing 21 court only. 22 2. The particular local criminal court or courts or youth part of 23 superior court with which any particular local criminal court or youth 24 part of the superior court accusatory instrument may be filed for the 25 purpose of obtaining a warrant of arrest are determined, generally, by 26 the provisions of section 100.55 or 100.60, as applicable. If, however, 27 a particular accusatory instrument may pursuant to said section 100.55 28 be filed with a particular town court and such town court is not avail- 29 able at the time such instrument is sought to be filed and a warrant 30 obtained, such accusatory instrument may be filed with the town court of 31 any adjoining town of the same county. If such instrument may be filed 32 pursuant to said section 100.55 with a particular village court and such 33 village court is not available at the time, it may be filed with the 34 town court of the town embracing such village, or if such town court is 35 not available either, with the town court of any adjoining town of the 36 same county. 37 § 63-j. Section 120.55 of the criminal procedure law, as amended by 38 section 71 of subpart B of part C of chapter 62 of the laws of 2011, is 39 amended to read as follows: 40 § 120.55 Warrant of arrest; defendant under parole or probation super- 41 vision. 42 If the defendant named within a warrant of arrest issued by a local 43 criminal court or youth part of the superior court pursuant to the 44 provisions of this article, or by a superior court issued pursuant to 45 subdivision three of section 210.10 of this chapter, is under the super- 46 vision of the state department of corrections and community supervision 47 or a local or state probation department, then a warrant for his or her 48 arrest may be executed by a parole officer or probation officer, when 49 authorized by his or her probation director, within his or her geograph- 50 ical area of employment. The execution of the warrant by a parole offi- 51 cer or probation officer shall be upon the same conditions and conducted 52 in the same manner as provided for execution of a warrant by a police 53 officer. 54 § 63-k. Subdivision 1 of section 120.70 of the criminal procedure law 55 is amended to read as follows:A. 7642--A 45 1 1. A warrant of arrest issued by a district court, by the New York 2 City criminal court, the youth part of a superior court or by a superior 3 court judge sitting as a local criminal court may be executed anywhere 4 in the state. 5 § 63-l. Section 120.90 of the criminal procedure law, as amended by 6 chapter 424 of the laws of 1998, subdivision 8 as amended by chapter 96 7 of the laws of 2010, is amended to read as follows: 8 § 120.90 Warrant of arrest; procedure after arrest. 9 1. Upon arresting a defendant for any offense pursuant to a warrant 10 of arrest in the county in which the warrant is returnable or in any 11 adjoining county, or upon so arresting him for a felony in any other 12 county, a police officer, if he be one to whom the warrant is addressed, 13 must without unnecessary delay bring the defendant before the local 14 criminal court or youth part of the superior court in which such warrant 15 is returnable. 16 2. Upon arresting a defendant for any offense pursuant to a warrant 17 of arrest in a county adjoining the county in which the warrant is 18 returnable, or upon so arresting him for a felony in any other county, a 19 police officer, if he be one delegated to execute the warrant pursuant 20 to section 120.60, must without unnecessary delay deliver the defendant 21 or cause him to be delivered to the custody of the officer by whom he 22 was so delegated, and the latter must then proceed as provided in subdi- 23 vision one. 24 3. Upon arresting a defendant for an offense other than a felony 25 pursuant to a warrant of arrest in a county other than the one in which 26 the warrant is returnable or one adjoining it, a police officer, if he 27 be one to whom the warrant is addressed, must inform the defendant that 28 he has a right to appear before a local criminal court of the county of 29 arrest for the purpose of being released on his own recognizance or 30 having bail fixed. If the defendant does not desire to avail himself of 31 such right, the officer must request him to endorse such fact upon the 32 warrant, and upon such endorsement the officer must without unnecessary 33 delay bring him before the court in which the warrant is returnable. If 34 the defendant does desire to avail himself of such right, or if he 35 refuses to make the aforementioned endorsement, the officer must without 36 unnecessary delay bring him before a local criminal court of the county 37 of arrest. Such court must release the defendant on his own recogni- 38 zance or fix bail for his appearance on a specified date in the court in 39 which the warrant is returnable. If the defendant is in default of 40 bail, the officer must without unnecessary delay bring him before the 41 court in which the warrant is returnable. 42 4. Upon arresting a defendant for an offense other than a felony 43 pursuant to a warrant of arrest in a county other than the one in which 44 the warrant is returnable or one adjoining it, a police officer, if he 45 be one delegated to execute the warrant pursuant to section 120.60, may 46 hold the defendant in custody in the county of arrest for a period not 47 exceeding two hours for the purpose of delivering him to the custody of 48 the officer by whom he was delegated to execute such warrant. If the 49 delegating officer receives custody of the defendant during such period, 50 he must proceed as provided in subdivision three. Otherwise, the deleg- 51 ated officer must inform the defendant that he has a right to appear 52 before a local criminal court for the purpose of being released on his 53 own recognizance or having bail fixed. If the defendant does not desire 54 to avail himself of such right, the officer must request him to make, 55 sign and deliver to him a written statement of such fact, and if the 56 defendant does so, the officer must retain custody of him but must with-A. 7642--A 46 1 out unnecessary delay deliver him or cause him to be delivered to the 2 custody of the delegating police officer. If the defendant does desire 3 to avail himself of such right, or if he refuses to make and deliver the 4 aforementioned statement, the delegated or arresting officer must with- 5 out unnecessary delay bring him before a local criminal court of the 6 county of arrest and must submit to such court a written statement 7 reciting the material facts concerning the issuance of the warrant, the 8 offense involved, and all other essential matters relating thereto. 9 Upon the submission of such statement, such court must release the 10 defendant on his own recognizance or fix bail for his appearance on a 11 specified date in the court in which the warrant is returnable. If the 12 defendant is in default of bail, the officer must retain custody of him 13 but must without unnecessary delay deliver him or cause him to be deliv- 14 ered to the custody of the delegating officer. Upon receiving such 15 custody, the latter must without unnecessary delay bring the defendant 16 before the court in which the warrant is returnable. 17 5. Whenever a police officer is required pursuant to this section to 18 bring an arrested defendant before a town court in which a warrant of 19 arrest is returnable, and if such town court is not available at the 20 time, such officer must, if a copy of the underlying accusatory instru- 21 ment has been attached to the warrant pursuant to section 120.40, 22 instead bring such defendant before any village court embraced, in whole 23 or in part, by such town, or any local criminal court of an adjoining 24 town or city of the same county or any village court embraced, in whole 25 or in part, by such adjoining town. When the court in which the warrant 26 is returnable is a village court which is not available at the time, the 27 officer must in such circumstances bring the defendant before the town 28 court of the town embracing such village or any other village court 29 within such town or, if such town court or village court is not avail- 30 able either, before the local criminal court of any town or city of the 31 same county which adjoins such embracing town or, before the local crim- 32 inal court of any village embraced in whole or in part by such adjoining 33 town. When the court in which the warrant is returnable is a city court 34 which is not available at the time, the officer must in such circum- 35 stances bring the defendant before the local criminal court of any 36 adjoining town or village embraced in whole or in part by such adjoining 37 town of the same county. 38 5-a. Whenever a police officer is required, pursuant to this section, 39 to bring an arrested defendant before a youth part of a superior court 40 in which a warrant of arrest is returnable, and if such court is not 41 available at the time, such officer must bring such defendant before the 42 most accessible magistrate designated by the appellate division of the 43 supreme court in the applicable department to act as a youth part. 44 6. Before bringing a defendant arrested pursuant to a warrant before 45 the local criminal court or youth part of a superior court in which such 46 warrant is returnable, a police officer must without unnecessary delay 47 perform all fingerprinting and other preliminary police duties required 48 in the particular case. In any case in which the defendant is not 49 brought by a police officer before such court but, following his arrest 50 in another county for an offense specified in subdivision one of section 51 160.10, is released by a local criminal court of such other county on 52 his own recognizance or on bail for his appearance on a specified date 53 before the local criminal court before which the warrant is returnable, 54 the latter court must, upon arraignment of the defendant before it, 55 direct that he be fingerprinted by the appropriate officer or agency,A. 7642--A 47 1 and that he appear at an appropriate designated time and place for such 2 purpose. 3 7. Upon arresting a juvenile offender, the police officer shall imme- 4 diately notify the parent or other person legally responsible for his 5 care or the person with whom he is domiciled, that the juvenile offender 6 has been arrested, and the location of the facility where he is being 7 detained. 8 8. Upon arresting a defendant, other than a juvenile offender, for 9 any offense pursuant to a warrant of arrest, a police officer shall, 10 upon the defendant's request, permit the defendant to communicate by 11 telephone provided by the law enforcement facility where the defendant 12 is held to a phone number located anywhere in the United States or Puer- 13 to Rico, for the purposes of obtaining counsel and informing a relative 14 or friend that he or she has been arrested, unless granting the call 15 will compromise an ongoing investigation or the prosecution of the 16 defendant. 17 § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law, 18 as amended by chapter 446 of the laws of 1993, is amended to read as 19 follows: 20 1. A summons is a process issued by a local criminal court directing a 21 defendant designated in an information, a prosecutor's information, a 22 felony complaint or a misdemeanor complaint filed with such court, or a 23 youth part of a superior court directing a defendant designated in a 24 felony complaint, or by a superior court directing a defendant desig- 25 nated in an indictment filed with such court, to appear before it at a 26 designated future time in connection with such accusatory instrument. 27 The sole function of a summons is to achieve a defendant's court appear- 28 ance in a criminal action for the purpose of arraignment upon the accu- 29 satory instrument by which such action was commenced. 30 § 63-n. Section 130.30 of the criminal procedure law, as amended by 31 chapter 506 of the laws of 2000, is amended to read as follows: 32 § 130.30 Summons; when issuable. 33 A local criminal court or youth part of the superior court may issue a 34 summons in any case in which, pursuant to section 120.20, it is author- 35 ized to issue a warrant of arrest based upon an information, a 36 prosecutor's information, a felony complaint or a misdemeanor complaint. 37 If such information, prosecutor's information, felony complaint or 38 misdemeanor complaint is not sufficient on its face as prescribed in 39 section 100.40, and if the court is satisfied that on the basis of the 40 available facts or evidence it would be impossible to draw and file an 41 authorized accusatory instrument that is sufficient on its face, the 42 court must dismiss the accusatory instrument. A superior court may issue 43 a summons in any case in which, pursuant to section 210.10, it is 44 authorized to issue a warrant of arrest based upon an indictment. 45 § 63-o. Subdivision 1 of section 140.20 of the criminal procedure law 46 is amended by adding a new paragraph (e) to read as follows: 47 (e) 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 § 64. Subdivision 6 of section 140.20 of the criminal procedure law, 53 as added by chapter 411 of the laws of 1979, is amended to read as 54 follows: 55 6. Upon arresting a juvenile offender without a warrant, the police 56 officer shall immediately notify the parent or other person legallyA. 7642--A 48 1 responsible for his or her care or the person with whom he or she is 2 domiciled, that the juvenile offender has been arrested, and the 3 location of the facility where he or she is being detained. If the offi- 4 cer determines that it is necessary to question a juvenile offender or a 5 child under eighteen years of age who fits within the definition of a 6 juvenile offender as defined in section 30.00 of the penal law, the 7 officer must take the juvenile to a facility designated by the chief 8 administrator of the courts as a suitable place for the questioning of 9 children or, upon the consent of a parent or other person legally 10 responsible for the care of the juvenile, to the juvenile's residence 11 and there question him or her for a reasonable period of time. A juve- 12 nile shall not be questioned pursuant to this section unless the juve- 13 nile and a person required to be notified pursuant to this subdivision, 14 if present, have been advised: 15 (a) of the juvenile's right to remain silent; 16 (b) that the statements made by the juvenile may be used in a court of 17 law; 18 (c) of the juvenile's right to have an attorney present at such ques- 19 tioning; and 20 (d) of the juvenile's right to have an attorney provided for him or 21 her without charge if he or she is indigent. 22 In determining the suitability of questioning and determining the 23 reasonable period of time for questioning such a juvenile offender, the 24 juvenile's age, the presence or absence of his or her parents or other 25 persons legally responsible for his or her care and notification pursu- 26 ant to this subdivision shall be included among relevant considerations. 27 § 64-a. Subdivision 2 of section 140.27 of the criminal procedure law, 28 as amended by chapter 843 of the laws of 1980, is amended to read as 29 follows: 30 2. Upon arresting a person without a warrant, a peace officer, except 31 as otherwise provided in subdivision three or three-a, must without 32 unnecessary delay bring him or cause him to be brought before a local 33 criminal court, as provided in section 100.55 and subdivision one of 34 section 140.20, and must without unnecessary delay file or cause to be 35 filed therewith an appropriate accusatory instrument. If the offense 36 which is the subject of the arrest is one of those specified in subdivi- 37 sion one of section 160.10, the arrested person must be fingerprinted 38 and photographed as therein provided. In order to execute the required 39 post-arrest functions, such arresting peace officer may perform such 40 functions himself or he may enlist the aid of a police officer for the 41 performance thereof in the manner provided in subdivision one of section 42 140.20. 43 § 64-b. Section 140.27 of the criminal procedure law is amended by 44 adding a new subdivision 3-a to read as follows: 45 3-a. If the arrest is for a person under the age of eighteen, such 46 person shall be brought before the youth part of the superior court. If 47 the youth part is not in session, such person shall be brought before 48 the most accessible magistrate designated by the appellate division of 49 the supreme court in the applicable department to act as a youth part. 50 § 65. Subdivision 5 of section 140.27 of the criminal procedure law, 51 as added by chapter 411 of the laws of 1979, is amended to read as 52 follows: 53 5. Upon arresting a juvenile offender without a warrant, the peace 54 officer shall immediately notify the parent or other person legally 55 responsible for his care or the person with whom he or she is domiciled, 56 that the juvenile offender has been arrested, and the location of theA. 7642--A 49 1 facility where he or she is being detained. If the officer determines 2 that it is necessary to question a juvenile offender or a child under 3 eighteen years of age who fits within the definition of a juvenile 4 offender as defined in section 30.00 of the penal law the officer must 5 take the juvenile to a facility designated by the chief administrator of 6 the courts as a suitable place for the questioning of children or, upon 7 the consent of a parent or other person legally responsible for the care 8 of the juvenile, to the juvenile's residence and there question him or 9 her for a reasonable period of time. A juvenile shall not be questioned 10 pursuant to this section unless the juvenile and a person required to be 11 notified pursuant to this subdivision, if present, have been advised: 12 (a) of the juvenile's right to remain silent; 13 (b) that the statements made by the juvenile may be used in a court of 14 law; 15 (c) of the juvenile's right to have an attorney present at such ques- 16 tioning; and 17 (d) of the juvenile's right to have an attorney provided for him or 18 her without charge if he or she is indigent. 19 In determining the suitability of questioning and determining the 20 reasonable period of time for questioning such a juvenile offender, the 21 juvenile's age, the presence or absence of his or her parents or other 22 persons legally responsible for his or her care and notification pursu- 23 ant to this subdivision shall be included among relevant considerations. 24 § 66. Subdivision 5 of section 140.40 of the criminal procedure law, 25 as added by chapter 411 of the laws of 1979, is amended to read as 26 follows: 27 5. If a police officer takes an arrested juvenile offender into 28 custody, the police officer shall immediately notify the parent or other 29 person legally responsible for his or her care or the person with whom 30 he or she is domiciled, that the juvenile offender has been arrested, 31 and the location of the facility where he or she is being detained. If 32 the officer determines that it is necessary to question a juvenile 33 offender or a child under eighteen years of age who fits within the 34 definition of a juvenile offender as defined in section 30.00 of the 35 penal law the officer must take the juvenile to a facility designated by 36 the chief administrator of the courts as a suitable place for the ques- 37 tioning of children or, upon the consent of a parent or other person 38 legally responsible for the care of the juvenile, to the juvenile's 39 residence and there question him or her for a reasonable period of time. 40 A juvenile shall not be questioned pursuant to this section unless the 41 juvenile and a person required to be notified pursuant to this subdivi- 42 sion, if present, have been advised: 43 (a) of the juvenile's right to remain silent; 44 (b) that the statements made by the juvenile may be used in a court of 45 law; 46 (c) of the juvenile's right to have an attorney present at such ques- 47 tioning; and 48 (d) of the juvenile's right to have an attorney provided for him or 49 her without charge if he or she is indigent. 50 In determining the suitability of questioning and determining the 51 reasonable period of time for questioning such a juvenile offender, the 52 juvenile's age, the presence or absence of his or her parents or other 53 persons legally responsible for his or her care and notification pursu- 54 ant to this subdivision shall be included among relevant considerations. 55 § 66-a. Section 150.40 of the criminal procedure law is amended by 56 adding a new subdivision 5 to read as follows:A. 7642--A 50 1 5. Notwithstanding any other provision of this chapter, any uniform 2 traffic ticket issued to a person sixteen or seventeen years of age 3 pursuant to a violation of any provision of the vehicle and traffic law, 4 or any local law, constituting a traffic infraction shall be returnable 5 to the local city, town, or village court, or traffic violations bureau 6 having jurisdiction. 7 § 67. The criminal procedure law is amended by adding a new section 8 160.56 to read as follows: 9 § 160.56 Sealing of certain convictions. 10 1. Definitions: As used in this section, the following terms shall 11 have the following meanings: 12 (a) "Eligible offense" shall mean any offense defined in the laws of 13 this state other than a sex offense defined in article one hundred thir- 14 ty of the penal law, an offense defined in article two hundred sixty- 15 three of the penal law, a felony offense defined in article one hundred 16 twenty-five of the penal law, a violent felony offense defined in 17 section 70.02 of the penal law, a class A felony offense defined in the 18 penal law other than a class A felony offense defined in article two 19 hundred twenty of the penal law, or an offense for which registration as 20 a sex offender is required pursuant to article six-C of the correction 21 law. For the purposes of this section, where the defendant is convicted 22 of more than one eligible offense, committed as part of the same crimi- 23 nal transaction as defined in subdivision two of section 40.10 of this 24 chapter, those offenses shall be considered one eligible offense. 25 2. A defendant who has been convicted of up to two eligible offenses 26 but not more than one felony offense may petition the court in which he 27 or she was convicted of the most serious offense to have such conviction 28 or convictions sealed. If all offenses are offenses with the same clas- 29 sification, the petition shall be filed in the court in which the 30 defendant was last convicted. On the defendant's motion, the court may 31 order that all official records and papers relating to the arrest, pros- 32 ecution and conviction for the defendant's prior eligible offenses be 33 conditionally sealed when: 34 (a) the defendant has not been convicted of any other crime, including 35 crimes sealed under section 160.58 of this chapter, other than the 36 eligible offenses; 37 (b) for a misdemeanor, at least one year has passed since: the entry 38 of the judgment or, if the defendant was sentenced to a conditional 39 discharge or a period of probation, including a period of incarceration 40 imposed in conjunction with a sentence of probation or conditional 41 discharge, the completion of the defendant's term of probation or condi- 42 tional discharge, or if the defendant was sentenced to incarceration, 43 the defendant's release from incarceration, whichever is the longest; or 44 (c) for an eligible felony, at least three years have passed since: 45 the entry of the judgment or, if the defendant was sentenced to a condi- 46 tional discharge or a period of probation, including a period of incar- 47 ceration imposed in conjunction with a sentence of probation or condi- 48 tional discharge, the completion of the defendant's term of probation or 49 conditional discharge, or if the defendant was sentenced to incarcera- 50 tion, the defendant's release from incarceration, whichever is the long- 51 est; and 52 (d) the sentencing court has requested and received from the division 53 of criminal justice services or the federal bureau of investigation a 54 fingerprint based criminal history record of the defendant, including 55 any sealed or suppressed information. The division of criminal justice 56 services shall also include a criminal history report, if any, from theA. 7642--A 51 1 federal bureau of investigation regarding any criminal history informa- 2 tion that occurred in other jurisdictions. The division is hereby 3 authorized to receive such information from the federal bureau of inves- 4 tigation for this purpose. The parties shall be permitted to examine 5 these records; 6 (e) the defendant or court has identified the misdemeanor conviction 7 or convictions or felony conviction for which relief may be granted; 8 (f) the court has received documentation that the sentences imposed on 9 the eligible convictions have been completed, or if no such documenta- 10 tion is reasonably available, a sworn affidavit that the sentences 11 imposed on the prior eligible convictions have been completed; 12 (g) the court has notified the district attorney of each jurisdiction 13 in which the defendant has been convicted of an offense with respect to 14 which sealing is sought, and the court or courts of conviction for such 15 offenses, that the court is considering sealing the records of the 16 defendant's eligible convictions. Both the district attorney and the 17 court shall be given a reasonable opportunity, which shall be up to 18 thirty days, in which to comment and submit materials to aid the court 19 in making such a determination. When the court notifies a district 20 attorney of a sealing application, the district attorney shall provide 21 notice to the victim, if any, of the sealing application by mailing 22 written notice to the victim's last-known address. For purposes of this 23 section "victim" means any person who has sustained physical or finan- 24 cial injury to person or to property as a direct result of the crime or 25 crimes for which sealing is applied. The court shall provide the defend- 26 ant with any materials submitted to the court in response to the defend- 27 ant's petition; and 28 (h) no charges for any offense are pending against the defendant. 29 3. At the request of the defendant or the district attorney of a coun- 30 ty in which the defendant committed a crime that is the subject of the 31 sealing application, the court may conduct a hearing to consider and 32 review any relevant evidence offered by either party that would aid the 33 court in its decision whether to seal the records of the defendant's 34 arrests, prosecutions and convictions. In making such a determination, 35 the court shall consider any relevant factors, including but not limited 36 to: 37 (a) the circumstances and seriousness of the offense or offenses that 38 resulted in the conviction or convictions; 39 (b) the character of the defendant, including what steps the petition- 40 er has taken since the time of the offense toward personal rehabili- 41 tation, including treatment, work, school, or other personal history 42 that demonstrates rehabilitation; 43 (c) the defendant's criminal history; 44 (d) the impact of sealing the defendant's records upon his or her 45 rehabilitation and his or her successful and productive reentry and 46 reintegration into society, and on public safety; and 47 (e) any statements made by the victim of the offense where there is in 48 fact a victim of the crime. 49 4. When a court orders sealing pursuant to this section, all official 50 records and papers relating to the arrests, prosecutions, and 51 convictions, including all duplicates and copies thereof, on file with 52 the division of criminal justice services or any court shall be sealed 53 and not made available to any person or public or private agency; 54 provided, however, the division shall retain any fingerprints, palm- 55 prints, photographs, or digital images of the same.A. 7642--A 52 1 5. When the court orders sealing pursuant to this section, the clerk 2 of such court shall immediately notify the commissioner of the division 3 of criminal justice services, and any court that sentenced the defendant 4 for an offense which has been conditionally sealed, regarding the 5 records that shall be sealed pursuant to this section. 6 6. Records sealed pursuant to this section shall be made available to: 7 (a) the defendant or the defendant's designated agent; 8 (b) qualified agencies, as defined in subdivision nine of section 9 eight hundred thirty-five of the executive law, and federal and state 10 law enforcement agencies, when acting within the scope of their law 11 enforcement duties; 12 (c) any state or local officer or agency with responsibility for the 13 issuance of licenses to possess guns, when the person has made applica- 14 tion for such a license; 15 (d) any prospective employer of a police officer or peace officer as 16 those terms are defined in subdivisions thirty-three and thirty-four of 17 section 1.20 of this chapter, in relation to an application for employ- 18 ment as a police officer or peace officer; provided, however, that every 19 person who is an applicant for the position of police officer or peace 20 officer shall be furnished with a copy of all records obtained under 21 this paragraph and afforded an opportunity to make an explanation there- 22 to; or 23 (e) the criminal justice information services division of the federal 24 bureau of investigation, for the purposes of responding to queries to 25 the national instant criminal background check system regarding attempts 26 to purchase or otherwise take possession of firearms, as defined in 18 27 USC 921 (a) (3). 28 10. If, within ten years following the entry of the judgment or, if 29 the defendant was sentenced to a conditional discharge or a period of 30 probation, including a period of incarceration imposed in conjunction 31 with a sentence of probation or conditional discharge, the completion of 32 the defendant's term of probation or conditional discharge, or if the 33 defendant was sentenced to incarceration, the defendant's release from 34 incarceration, the person who is the subject of such records sealed 35 pursuant to this section is arrested for or formally charged with any 36 misdemeanor or felony offense, such records shall be unsealed immediate- 37 ly and remain unsealed; provided, however, that if such new misdemeanor 38 or felony arrest results in a termination in favor of the accused as 39 defined in subdivision three of section 160.50 of this article or by 40 conviction for a non-criminal offense as described in section 160.55 of 41 this article, such unsealed records shall be conditionally sealed pursu- 42 ant to this section. 43 11. No defendant shall be required or permitted to waive eligibility 44 for conditional sealing pursuant to this section as part of a plea of 45 guilty, sentence or any agreement related to a conviction for an eligi- 46 ble offense and any such waiver shall be deemed void and wholly unen- 47 forceable. 48 § 68. Section 180.75 of the criminal procedure law, as added by chap- 49 ter 481 of the laws of 1978, paragraph (b) of subdivision 3 as amended 50 by chapter 920 of the laws of 1982, subdivision 4 as amended by chapter 51 264 of the laws of 2003, and subdivisions 5 and 6 as added by chapter 52 411 of the laws of 1979, is amended to read as follows: 53 § 180.75 Proceedings upon felony complaint; juvenile offender. 54 1. When the youth part of a superior court is not in session and a 55 juvenile offender is arraigned before [a local criminal court] the most 56 accessible magistrate designated by the appellate division of theA. 7642--A 53 1 supreme court in the applicable department to act as a youth part, the 2 provisions of this section shall apply in lieu of the provisions of 3 sections 180.30, 180.50 and 180.70 of this article. 4 2. [If] Whether or not the defendant waives a hearing upon the felony 5 complaint, the court must [order that the defendant be held for the6action of the grand jury of the appropriate superior court with respect7to the charge or charges contained in the felony complaint] transfer the 8 action to the youth part of the superior court. In such case the court 9 must promptly transmit to such youth part of the superior court the 10 order, the felony complaint, the supporting depositions and all other 11 pertinent documents. Until such papers are received by the youth part 12 of the superior court, the action is deemed to be still pending in the 13 [local criminal court] court designated by the appellate division of the 14 supreme court in the applicable department to act as a youth part. 15 3. If there be a hearing, then at the conclusion of the hearing, the 16 court must dispose of the felony complaint as follows: 17 (a) If there is reasonable cause to believe that the defendant commit- 18 ted a crime for which a person under the age of [sixteen] eighteen is 19 criminally responsible, the court must order that the defendant be held 20 for the action of a grand jury of the appropriate superior court; or 21 (b) If there is not reasonable cause to believe that the defendant 22 committed a crime for which a person under the age of [sixteen] eigh- 23 teen, is criminally responsible but there is reasonable cause to believe 24 that the defendant is a "juvenile delinquent" as defined in subdivision 25 one of section 301.2 of the family court act, the court must specify the 26 act or acts it found reasonable cause to believe the defendant did and 27 direct that the action be removed to the family court in accordance with 28 the provisions of article seven hundred twenty-five of this chapter; or 29 (c) If there is not reasonable cause to believe that the defendant 30 committed any criminal act, the court must dismiss the felony complaint 31 and discharge the defendant from custody if he is in custody, or if he 32 is at liberty on bail, it must exonerate the bail. 33 4. Notwithstanding the provisions of subdivisions two and three of 34 this section, [a local criminal] the court shall, at the request of the 35 district attorney, order removal of an action against a juvenile offen- 36 der to the family court pursuant to the provisions of article seven 37 hundred twenty-five of this chapter if, upon consideration of the crite- 38 ria specified in subdivision two of section 210.43 of this chapter, it 39 is determined that to do so would be in the interests of justice. 40 Where, however, the felony complaint charges the juvenile offender with 41 murder in the second degree as defined in section 125.25 of the penal 42 law, rape in the first degree as defined in subdivision one of section 43 130.35 of the penal law, criminal sexual act in the first degree as 44 defined in subdivision one of section 130.50 of the penal law, or an 45 armed felony as defined in paragraph (a) of subdivision forty-one of 46 section 1.20 of this chapter, a determination that such action be 47 removed to the family court shall, in addition, be based upon a finding 48 of one or more of the following factors: (i) mitigating circumstances 49 that bear directly upon the manner in which the crime was committed; or 50 (ii) where the defendant was not the sole participant in the crime, the 51 defendant's participation was relatively minor although not so minor as 52 to constitute a defense to the prosecution; or (iii) possible deficien- 53 cies in proof of the crime. 54 5. Notwithstanding the provisions of subdivision two, three, or four, 55 if a currently undetermined felony complaint against a juvenile offender 56 is pending [in a local criminal court], and the defendant has not waivedA. 7642--A 54 1 a hearing pursuant to subdivision two and a hearing pursuant to subdivi- 2 sion three has not commenced, the defendant may move in the youth part 3 of the superior court which would exercise the trial jurisdiction of the 4 offense or offenses charged were an indictment therefor to result, to 5 remove the action to family court. The procedural rules of subdivisions 6 one and two of section 210.45 of this chapter are applicable to a motion 7 pursuant to this subdivision. Upon such motion, the [superior] court 8 [shall be authorized to sit as a local criminal court to exercise the9preliminary jurisdiction specified in subdivisions two and three of this10section, and] shall proceed and determine the motion as provided in 11 section 210.43 of this chapter; provided, however, that the exception 12 provisions of paragraph (b) of subdivision one of such section 210.43 13 shall not apply when there is not reasonable cause to believe that the 14 juvenile offender committed one or more of the crimes enumerated there- 15 in, and in such event the provisions of paragraph (a) thereof shall 16 apply. 17 6. (a) If the court orders removal of the action to family court, it 18 shall state on the record the factor or factors upon which its determi- 19 nation is based, and the court shall give its reasons for removal in 20 detail and not in conclusory terms. 21 (b) the district attorney shall state upon the record the reasons for 22 his consent to removal of the action to the family court where such 23 consent is required. The reasons shall be stated in detail and not in 24 conclusory terms. 25 (c) For the purpose of making a determination pursuant to subdivision 26 four or five, the court may make such inquiry as it deems necessary. Any 27 evidence which is not legally privileged may be introduced. If the 28 defendant testifies, his testimony may not be introduced against him in 29 any future proceeding, except to impeach his testimony at such future 30 proceeding as inconsistent prior testimony. 31 (d) Where a motion for removal by the defendant pursuant to subdivi- 32 sion five has been denied, no further motion pursuant to this section or 33 section 210.43 of this chapter may be made by the juvenile offender with 34 respect to the same offense or offenses. 35 (e) Except as provided by paragraph (f), this section shall not be 36 construed to limit the powers of the grand jury. 37 (f) Where a motion by the defendant pursuant to subdivision five has 38 been granted, there shall be no further proceedings against the juvenile 39 offender in any local or superior criminal court including the youth 40 part of the superior court for the offense or offenses which were the 41 subject of the removal order. 42 § 68-a. The opening paragraph of section 180.80 of the criminal proce- 43 dure law, as amended by chapter 556 of the laws of 1982, is amended to 44 read as follows: 45 Upon application of a defendant against whom a felony complaint has 46 been filed with a local criminal court or the youth part of a superior 47 court, and who, since the time of his arrest or subsequent thereto, has 48 been held in custody pending disposition of such felony complaint, and 49 who has been confined in such custody for a period of more than one 50 hundred twenty hours or, in the event that a Saturday, Sunday or legal 51 holiday occurs during such custody, one hundred forty-four hours, with- 52 out either a disposition of the felony complaint or commencement of a 53 hearing thereon, the [local criminal] court must release him on his own 54 recognizance unless: 55 § 69. Subdivisions (a) and (b) of section 190.71 of the criminal 56 procedure law, subdivision (a) as amended by chapter 7 of the laws ofA. 7642--A 55 1 2007, subdivision (b) as added by chapter 481 of the laws of 1978, are 2 amended to read as follows: 3 (a) Except as provided in subdivision six of section 200.20 of this 4 chapter, a grand jury may not indict (i) a person thirteen years of age 5 for any conduct or crime other than conduct constituting a crime defined 6 in subdivisions one and two of section 125.25 (murder in the second 7 degree) or such conduct as a sexually motivated felony, where authorized 8 pursuant to section 130.91 of the penal law; (ii) a person fourteen 9 [or], fifteen, sixteen or seventeen years of age for any conduct or 10 crime other than conduct constituting a crime defined in subdivisions 11 one and two of section 125.25 (murder in the second degree) and in 12 subdivision three of such section provided that the underlying crime for 13 the murder charge is one for which such person is criminally responsi- 14 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first 15 degree); subdivisions one and two of section 120.10 (assault in the 16 first degree); 125.20 (manslaughter in the first degree); subdivisions 17 one and two of section 130.35 (rape in the first degree); subdivisions 18 one and two of section 130.50 (criminal sexual act in the first degree); 19 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 20 in the first degree); subdivision one of section 140.25 (burglary in the 21 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 22 the first degree); subdivision two of section 160.10 (robbery in the 23 second degree) of the penal law; subdivision four of section 265.02 of 24 the penal law, where such firearm is possessed on school grounds, as 25 that phrase is defined in subdivision fourteen of section 220.00 of the 26 penal law; or section 265.03 of the penal law, where such machine gun or 27 such firearm is possessed on school grounds, as that phrase is defined 28 in subdivision fourteen of section 220.00 of the penal law; or defined 29 in the penal law as an attempt to commit murder in the second degree or 30 kidnapping in the first degree, or such conduct as a sexually motivated 31 felony, where authorized pursuant to section 130.91 of the penal law; 32 and (iii) a person sixteen or seventeen years of age is criminally 33 responsible for acts constituting the crimes defined in section 460.22 34 (aggravated enterprise corruption); 490.25 (crime of terrorism); 490.45 35 (criminal possession of a chemical weapon or biological weapon in the 36 first degree); 490.50 (criminal use of a chemical weapon or biological 37 weapon in the second degree); 490.55 (criminal use of a chemical weapon 38 or biological weapon in the first degree); 130.95 (predatory sexual 39 assault); 130.96 (predatory sexual assault against a child); 120.11 40 (aggravated assault upon a police officer or a peace officer); 125.22 41 (aggravated manslaughter in the first degree); 130.75 (course of sexual 42 conduct against a child in the first degree); 215.17 (intimidating a 43 victim or witness); 255.27 (incest in the first degree); 265.04 (crimi- 44 nal possession of a weapon in the first degree); 265.09 (criminal use of 45 a firearm in the first degree); 265.13 (criminal sale of a firearm in 46 the first degree); 490.35 (hindering prosecution of terrorism in the 47 first degree); 490.40 (criminal possession of a chemical weapon or 48 biological weapon in the second degree); 490.47 (criminal use of a chem- 49 ical weapon or biological weapon in the third degree); 121.13 (strangu- 50 lation in the first degree); 130.67 (aggravated sexual abuse in the 51 second degree); 490.37 (criminal possession of a chemical weapon or 52 biological weapon in the third degree); or 130.66 (aggravated sexual 53 abuse in the third degree) of this chapter; or such conduct committed as 54 a sexually motivated felony, where authorized pursuant to section 130.91 55 of this chapter.A. 7642--A 56 1 (b) A grand jury may vote to file a request to remove a charge to the 2 family court if it finds that a person [thirteen, fourteen or fifteen] 3 seventeen years of age or younger did an act which, if done by a person 4 over the age of [sixteen] eighteen, would constitute a crime provided 5 (1) such act is one for which it may not indict; (2) it does not indict 6 such person for a crime; and (3) the evidence before it is legally 7 sufficient to establish that such person did such act and competent and 8 admissible evidence before it provides reasonable cause to believe that 9 such person did such act. 10 § 70. Subdivision 6 of section 200.20 of the criminal procedure law, 11 as added by chapter 136 of the laws of 1980, is amended to read as 12 follows: 13 6. Where an indictment charges at least one offense against a defend- 14 ant who was under the age of [sixteen] eighteen at the time of the 15 commission of the crime and who did not lack criminal responsibility for 16 such crime by reason of infancy, the indictment may, in addition, charge 17 in separate counts one or more other offenses for which such person 18 would not have been criminally responsible by reason of infancy, if: 19 (a) the offense for which the defendant is criminally responsible and 20 the one or more other offenses for which he or she would not have been 21 criminally responsible by reason of infancy are based upon the same act 22 or upon the same criminal transaction, as that term is defined in subdi- 23 vision two of section 40.10 of this chapter; or 24 (b) the offenses are of such nature that either proof of the first 25 offense would be material and admissible as evidence in chief upon a 26 trial of the second, or proof of the second would be material and admis- 27 sible as evidence in chief upon a trial of the first. 28 § 71. Subdivision 1 of section 210.43 of the criminal procedure law, 29 as added by chapter 411 of the laws of 1979, paragraph (b) as amended by 30 chapter 264 of the laws of 2003, is amended to read as follows: 31 1. After a motion by a juvenile offender, pursuant to subdivision five 32 of section 180.75 of this chapter, or after arraignment of a juvenile 33 offender upon an indictment, the youth part of a superior court may, on 34 motion of any party or on its own motion: 35 (a) except as otherwise provided by paragraph (b) of this section, 36 order removal of the action to the family court pursuant to the 37 provisions of article seven hundred twenty-five of this chapter, if, 38 after consideration of the factors set forth in subdivision two of this 39 section, the court determines that to do so would be in the interests of 40 justice. Provided, however, that a youth part shall be required to order 41 removal of an action against a juvenile offender accused of robbery in 42 the second degree as defined in subdivision two of section 160.10 of 43 this part, unless the district attorney proves by a preponderance of the 44 evidence that the youth played a primary role in commission of the crime 45 or that aggravating circumstances set forth in the memorandum in oppo- 46 sition submitted by the district attorney that bear directly on the 47 manner in which the crime was committed are present; or 48 (b) [with the consent] after consideration of the recommendation of 49 the district attorney, order removal of an action involving an indict- 50 ment charging a juvenile offender with murder in the second degree as 51 defined in section 125.25 of the penal law; rape in the first degree, as 52 defined in subdivision one of section 130.35 of the penal law; criminal 53 sexual act in the first degree, as defined in subdivision one of section 54 130.50 of the penal law; or an armed felony as defined in paragraph (a) 55 of subdivision forty-one of section 1.20, to the family court pursuant 56 to the provisions of article seven hundred twenty-five of this chapterA. 7642--A 57 1 if the court finds one or more of the following factors: (i) mitigating 2 circumstances that bear directly upon the manner in which the crime was 3 committed; (ii) where the defendant was not the sole participant in the 4 crime, the defendant's participation was relatively minor although not 5 so minor as to constitute a defense to the prosecution; or (iii) possi- 6 ble deficiencies in the proof of the crime, and, after consideration of 7 the factors set forth in subdivision two of this section, the court 8 determined that removal of the action to the family court would be in 9 the interests of justice. 10 § 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal 11 procedure law, as amended by chapter 410 of the laws of 1979, subpara- 12 graph (iii) as amended by chapter 264 of the laws of 2003, the second 13 undesignated paragraph as amended by chapter 920 of the laws of 1982 and 14 the closing paragraph as amended by chapter 411 of the laws of 1979, is 15 amended to read as follows: 16 (g) Where the defendant is a juvenile offender, the provisions of 17 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and 18 any plea entered pursuant to subdivision three or four of this section, 19 must be as follows: 20 (i) If the indictment charges a person fourteen [or], fifteen, 21 sixteen, or seventeen years old with the crime of murder in the second 22 degree any plea of guilty entered pursuant to subdivision three or four 23 must be a plea of guilty of a crime for which the defendant is criminal- 24 ly responsible; 25 (ii) If the indictment does not charge a crime specified in subpara- 26 graph (i) of this paragraph, then any plea of guilty entered pursuant to 27 subdivision three or four of this section must be a plea of guilty of a 28 crime for which the defendant is criminally responsible unless a plea of 29 guilty is accepted pursuant to subparagraph (iii) of this paragraph; 30 (iii) Where the indictment does not charge a crime specified in 31 subparagraph (i) of this paragraph, the district attorney may recommend 32 removal of the action to the family court. Upon making such recommenda- 33 tion the district attorney [shall] may submit a subscribed memorandum 34 setting forth: (1) a recommendation that the interests of justice would 35 best be served by removal of the action to the family court; and (2) if 36 the indictment charges a thirteen year old with the crime of murder in 37 the second degree, or a fourteen [or], fifteen, sixteen or seventeen 38 year old with the crimes of rape in the first degree as defined in 39 subdivision one of section 130.35 of the penal law, or criminal sexual 40 act in the first degree as defined in subdivision one of section 130.50 41 of the penal law, or an armed felony as defined in paragraph (a) of 42 subdivision forty-one of section 1.20 of this chapter specific factors, 43 one or more of which reasonably supports the recommendation, showing, 44 (i) mitigating circumstances that bear directly upon the manner in which 45 the crime was committed, or (ii) where the defendant was not the sole 46 participant in the crime, that the defendant's participation was rela- 47 tively minor although not so minor as to constitute a defense to the 48 prosecution, or (iii) possible deficiencies in proof of the crime, or 49 (iv) where the juvenile offender has no previous adjudications of having 50 committed a designated felony act, as defined in subdivision eight of 51 section 301.2 of the family court act, regardless of the age of the 52 offender at the time of commission of the act, that the criminal act was 53 not part of a pattern of criminal behavior and, in view of the history 54 of the offender, is not likely to be repeated. 55 If the court is of the opinion based on specific factors set forth in 56 [the district attorney's memorandum] this subparagraph that the inter-A. 7642--A 58 1 ests of justice would best be served by removal of the action to the 2 family court, a plea of guilty of a crime or act for which the defendant 3 is not criminally responsible may be entered pursuant to subdivision 4 three or four of this section, except that a thirteen year old charged 5 with the crime of murder in the second degree may only plead to a desig- 6 nated felony act, as defined in subdivision eight of section 301.2 of 7 the family court act. 8 Upon accepting any such plea, the court must specify upon the record 9 the portion or portions of the district attorney's statement the court 10 is relying upon as the basis of its opinion and that it believes the 11 interests of justice would best be served by removal of the proceeding 12 to the family court. Such plea shall then be deemed to be a juvenile 13 delinquency fact determination and the court upon entry thereof must 14 direct that the action be removed to the family court in accordance with 15 the provisions of article seven hundred twenty-five of this chapter. 16 § 72-a. Section 330.25 of the criminal procedure law, as added by 17 chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter 18 920 of the laws of 1982, is amended to read as follows: 19 § 330.25 Removal after verdict. 20 1. Where a defendant is a juvenile offender who does not stand 21 convicted of murder in the second degree, upon motion and with the 22 consent of the district attorney, the action may be removed to the fami- 23 ly court in the interests of justice pursuant to article seven hundred 24 twenty-five of this chapter notwithstanding the verdict. 25 2. If the district attorney consents to the motion for removal pursu- 26 ant to this section, [he shall file a subscribed memorandum with the27court setting forth (1) a recommendation that] the court, in determining 28 the motion, shall consider: (1) whether the interests of justice would 29 best be served by removal of the action to the family court; and (2) if 30 the conviction is of an offense set forth in paragraph (b) of subdivi- 31 sion one of section 210.43 of this chapter, whether specific factors 32 exist, one or more of which reasonably [support] supports the [recommen-33dation] motion, showing, (i) mitigating circumstances that bear directly 34 upon the manner in which the crime was committed, or (ii) where the 35 defendant was not the sole participant in the crime, that the defend- 36 ant's participation was relatively minor although not so minor as to 37 constitute a defense to prosecution, or (iii) where the juvenile offen- 38 der has no previous adjudications of having committed a designated felo- 39 ny act, as defined in subdivision eight of section 301.2 of the family 40 court act, regardless of the age of the offender at the time of commis- 41 sion of the act, that the criminal act was not part of a pattern of 42 criminal behavior and, in view of the history of the offender, is not 43 likely to be repeated. 44 3. If the court is of the opinion, based upon the specific factors 45 [set forth in the district attorney's memorandum] shown to the court, 46 that the interests of justice would best be served by removal of the 47 action to the family court, the verdict shall be set aside and a plea of 48 guilty of a crime or act for which the defendant is not criminally 49 responsible may be entered pursuant to subdivision three or four of 50 section 220.10 of this chapter. Upon accepting any such plea, the court 51 must specify upon the record the [portion or portions of the district52attorney's statement] factors the court is relying upon as the basis of 53 its opinion and that it believes the interests of justice would best be 54 served by removal of the proceeding to the family court. Such plea 55 shall then be deemed to be a juvenile delinquency fact determination and 56 the court upon entry thereof must direct that the action be removed toA. 7642--A 59 1 the family court in accordance with the provisions of article seven 2 hundred twenty-five of this chapter. 3 § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law, 4 as amended by chapter 652 of the laws of 2008, is amended to read as 5 follows: 6 2. Warrant. (a) Where the probation officer has requested that a 7 probation warrant be issued, the court shall, within seventy-two hours 8 of its receipt of the request, issue or deny the warrant or take any 9 other lawful action including issuance of a notice to appear pursuant to 10 subdivision one of this section. If at any time during the period of a 11 sentence of probation or of conditional discharge the court has reason- 12 able grounds to believe that the defendant has violated a condition of 13 the sentence, the court may issue a warrant to a police officer or to an 14 appropriate peace officer directing him or her to take the defendant 15 into custody and bring the defendant before the court without unneces- 16 sary delay; provided, however, if the court in which the warrant is 17 returnable is a superior court, and such court is not available, and the 18 warrant is addressed to a police officer or appropriate probation offi- 19 cer certified as a peace officer, such executing officer may unless 20 otherwise specified under paragraph (b) of this section, bring the 21 defendant to the local correctional facility of the county in which such 22 court sits, to be detained there until not later than the commencement 23 of the next session of such court occurring on the next business day; or 24 if the court in which the warrant is returnable is a local criminal 25 court, and such court is not available, and the warrant is addressed to 26 a police officer or appropriate probation officer certified as a peace 27 officer, such executing officer must without unnecessary delay bring the 28 defendant before an alternate local criminal court, as provided in 29 subdivision five of section 120.90 of this chapter. A court which issues 30 such a warrant may attach thereto a summary of the basis for the 31 warrant. In any case where a defendant arrested upon the warrant is 32 brought before a local criminal court other than the court in which the 33 warrant is returnable, such local criminal court shall consider such 34 summary before issuing a securing order with respect to the defendant. 35 (b) If the court in which the warrant is returnable is a superior 36 court, and such court and its youth part is not available, and the 37 warrant is addressed to a police officer or appropriate probation offi- 38 cer certified as a peace officer, such executing officer shall, where a 39 defendant is seventeen years of age or younger who allegedly commits an 40 offense or a violation of his or her probation or conditional discharge 41 imposed for an offense, bring the defendant to a juvenile detention 42 facility, to be detained there until brought without unnecessary delay 43 before the most accessible magistrate designated by the appellate divi- 44 sion of the supreme court in the applicable department to act as a youth 45 part. 46 § 73. Section 410.60 of the criminal procedure law, as amended by 47 chapter 652 of the laws of 2008, is amended to read as follows: 48 § 410.60 Appearance before court. 49 (a) A person who has been taken into custody pursuant to section 50 410.40 or section 410.50 of this article for violation of a condition of 51 a sentence of probation or a sentence of conditional discharge must 52 forthwith be brought before the court that imposed the sentence. Where a 53 violation of probation petition and report has been filed and the person 54 has not been taken into custody nor has a warrant been issued, an 55 initial court appearance shall occur within ten business days of the 56 court's issuance of a notice to appear. If the court has reasonableA. 7642--A 60 1 cause to believe that such person has violated a condition of the 2 sentence, it may commit him or her to the custody of the sheriff or fix 3 bail or release such person on his or her own recognizance for future 4 appearance at a hearing to be held in accordance with section 410.70 of 5 this article. If the court does not have reasonable cause to believe 6 that such person has violated a condition of the sentence, it must 7 direct that he or she be released. 8 (b) A juvenile offender who has been taken into custody pursuant to 9 section 410.40 or section 410.50 of this article for violation of a 10 condition of a sentence of probation or a sentence of conditional 11 discharge must forthwith be brought before the court that imposed the 12 sentence. Where a violation of probation petition and report has been 13 filed and the person has not been taken into custody nor has a warrant 14 been issued, an initial court appearance shall occur within ten business 15 days of the court's issuance of a notice to appear. If the court has 16 reasonable cause to believe that such person has violated a condition of 17 the sentence, it may commit him or her to the custody of the sheriff or 18 in the case of a juvenile offender less than eighteen years of age to 19 the custody of the office of children and family services, or fix bail 20 or release such person on his or her own recognizance for future appear- 21 ance at a hearing to be held in accordance with section 410.70 of this 22 article. Provided, however, nothing herein shall authorize a juvenile to 23 be detained for a violation of a condition that would not constitute a 24 crime if committed by an adult unless the court determines (i) that the 25 juvenile poses a specific imminent threat to public safety and states 26 the reasons for the finding on the record or (ii) the use of graduated 27 sanctions has been exhausted without success. If the court does not have 28 reasonable cause to believe that such person has violated a condition of 29 the sentence, it must direct that the juvenile be released. 30 § 74. Subdivision 5 of section 410.70 of the criminal procedure law, 31 as amended by chapter 17 of the laws of 2014, is amended to read as 32 follows: 33 5. Revocation; modification; continuation. (a) At the conclusion of 34 the hearing the court may revoke, continue or modify the sentence of 35 probation or conditional discharge. Where the court revokes the 36 sentence, it must impose sentence as specified in subdivisions three and 37 four of section 60.01 of the penal law. Where the court continues or 38 modifies the sentence, it must vacate the declaration of delinquency and 39 direct that the defendant be released. If the alleged violation is 40 sustained and the court continues or modifies the sentence, it may 41 extend the sentence up to the period of interruption specified in subdi- 42 vision two of section 65.15 of the penal law, but any time spent in 43 custody in any correctional institution or juvenile detention facility 44 pursuant to section 410.40 or 410.60 of this article shall be credited 45 against the term of the sentence. Provided further, where the alleged 46 violation is sustained and the court continues or modifies the sentence, 47 the court may also extend the remaining period of probation up to the 48 maximum term authorized by section 65.00 of the penal law. Provided, 49 however, a defendant shall receive credit for the time during which he 50 or she was supervised under the original probation sentence prior to any 51 declaration of delinquency and for any time spent in custody pursuant to 52 this article for an alleged violation of probation. 53 (b) Notwithstanding paragraph (a) of this subdivision, nothing herein 54 shall authorize the placement of a juvenile for a violation of a condi- 55 tion that would not constitute a crime if committed by an adult unless 56 the court determines (i) that the juvenile poses a specific imminentA. 7642--A 61 1 threat to public safety and states the reasons for the finding on the 2 record or (ii) the use of graduated sanctions has been exhausted without 3 success. 4 § 75. The criminal procedure law is amended by adding a new section 5 410.90-a to read as follows: 6 § 410.90-a Superior court; youth part. 7 Notwithstanding any other provisions of this article, all proceedings 8 relating to a juvenile offender shall be heard in the youth part of the 9 superior court having jurisdiction and any intrastate transfers under 10 this article shall be between courts designated as a youth part pursuant 11 to article seven hundred twenty-two of this chapter. 12 § 76. Section 510.15 of the criminal procedure law, as amended by 13 chapter 411 of the laws of 1979, subdivision 1 as designated and subdi- 14 vision 2 as added by chapter 359 of the laws of 1980, is amended to read 15 as follows: 16 § 510.15 Commitment of principal under [sixteen] eighteen. 17 1. When a principal who is under the age of [sixteen] eighteen, is 18 committed to the custody of the sheriff the court must direct that the 19 principal be taken to and lodged in a place certified by the state 20 [division for youth] office of children and family services as a juve- 21 nile detention facility for the reception of children. Where such a 22 direction is made the sheriff shall deliver the principal in accordance 23 therewith and such person shall although lodged and cared for in a juve- 24 nile detention facility continue to be deemed to be in the custody of 25 the sheriff. No principal under the age [of sixteen] specified to whom 26 the provisions of this section may apply shall be detained in any pris- 27 on, jail, lockup, or other place used for adults convicted of a crime or 28 under arrest and charged with the commission of a crime without the 29 approval of the [state division for youth] office of children and family 30 services in the case of each principal and the statement of its reasons 31 therefor. The sheriff shall not be liable for any acts done to or by 32 such principal resulting from negligence in the detention of and care 33 for such principal, when the principal is not in the actual custody of 34 the sheriff. 35 2. Except upon consent of the defendant or for good cause shown, in 36 any case in which a new securing order is issued for a principal previ- 37 ously committed to the custody of the sheriff pursuant to this section, 38 such order shall further direct the sheriff to deliver the principal 39 from a juvenile detention facility to the person or place specified in 40 the order. 41 § 77. Subdivision 1 of section 720.10 of the criminal procedure law, 42 as amended by chapter 411 of the laws of 1979, is amended to read as 43 follows: 44 1. "Youth" means a person charged with a crime alleged to have been 45 committed when he was at least sixteen years old and less than [nine-46teen] twenty-one years old or a person charged with being a juvenile 47 offender as defined in subdivision forty-two of section 1.20 of this 48 chapter. 49 § 78. Subdivision 3 of section 720.15 of the criminal procedure law, 50 as amended by chapter 774 of the laws of 1985, is amended to read as 51 follows: 52 3. The provisions of subdivisions one and two of this section requir- 53 ing or authorizing the accusatory instrument filed against a youth to be 54 sealed, and the arraignment and all proceedings in the action to be 55 conducted in private shall not apply in connection with a pending charge 56 of committing any [felony] sex offense as defined in the penal law. [TheA. 7642--A 62 1provisions of subdivision one requiring the accusatory instrument filed2against a youth to be sealed shall not apply where such youth has previ-3ously been adjudicated a youthful offender or convicted of a crime.] 4 § 79. Subdivision 1 of section 720.20 of the criminal procedure law, 5 as amended by chapter 652 of the laws of 1974, is amended to read as 6 follows: 7 1. Upon conviction of an eligible youth, the court must order a pre- 8 sentence investigation of the defendant. After receipt of a written 9 report of the investigation and at the time of pronouncing sentence the 10 court must determine whether or not the eligible youth is a youthful 11 offender. Such determination shall be in accordance with the following 12 criteria: 13 (a) If in the opinion of the court the interest of justice would be 14 served by relieving the eligible youth from the onus of a criminal 15 record and by not imposing an indeterminate term of imprisonment of more 16 than four years, the court may, in its discretion, find the eligible 17 youth is a youthful offender; [and] 18 (b) Where the conviction is had in a local criminal court and the 19 eligible youth had not prior to commencement of trial or entry of a plea 20 of guilty been convicted of a crime or found a youthful offender, the 21 court must find he is a youthful offender[.]; and 22 (c) There shall be a presumption to grant youthful offender status to 23 an eligible youth, unless the district attorney upon motion with not 24 less than seven days notice to such person or his or her attorney demon- 25 strates to the satisfaction of the court that the interests of justice 26 require otherwise. 27 § 79-a. Subdivision 1 of section 720.35 of the criminal procedure law, 28 as amended by chapter 402 of the laws of 2014, is amended to read as 29 follows: 30 1. [A youthful] Youthful offender adjudication is not a judgment of 31 conviction for a crime or any other offense, and does not operate as a 32 disqualification of any person so adjudged to hold public office or 33 public employment or to receive any license granted by public authority 34 but shall be deemed a conviction only for the purposes of transfer of 35 supervision and custody pursuant to section [two hundred fifty-nine-m] 36 two hundred fifty-nine-mm of the executive law. A defendant for whom a 37 youthful offender adjudication was substituted, who was originally 38 charged with prostitution as defined in section 230.00 of the penal law 39 or loitering for the purposes of prostitution as defined in subdivision 40 two of section 240.37 of the penal law provided that the person does not 41 stand charged with loitering for the purpose of patronizing a prosti- 42 tute, for an offense allegedly committed when he or she was sixteen or 43 seventeen years of age, shall be deemed a "sexually exploited child" as 44 defined in subdivision one of section four hundred forty-seven-a of the 45 social services law and therefore shall not be considered an adult for 46 purposes related to the charges in the youthful offender proceeding or a 47 proceeding under section 170.80 of this chapter. 48 § 80. The criminal procedure law is amended by adding a new article 49 722 to read as follows: 50 ARTICLE 722 51 PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH 52 PART AND RELATED PROCEDURES 53 Section 722.00 Probation case planning and services. 54 722.10 Youth part of the superior court established. 55 722.20 Proceedings in a youth part of superior court. 56 § 722.00 Probation case planning and services.A. 7642--A 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 initialA. 7642--A 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. 19 § 81. The opening paragraph of section 725.05 of the criminal proce- 20 dure law, as added by chapter 481 of the laws of 1978, is amended to 21 read as follows: 22 When a [court] youth part directs that an action or charge is to be 23 removed to the family court the [court] youth part must issue an order 24 of removal in accordance with this section. Such order must be as 25 follows: 26 § 82. Section 725.20 of the criminal procedure law, as added by chap- 27 ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 28 411 of the laws of 1979, is amended to read as follows: 29 § 725.20 Record of certain actions removed. 30 1. The provisions of this section shall apply in any case where an 31 order of removal to the family court is entered pursuant to a direction 32 authorized by subdivision four of section 180.75, or section 210.43, or 33 subparagraph (iii) of paragraph [(h)] (g) of subdivision five of section 34 220.10 of this chapter, or section 330.25 of this chapter. 35 2. When such an action is removed the court that directed the removal 36 must cause the following additional records to be filed with the clerk 37 of the county court or in the city of New York with the clerk of the 38 supreme court of the county wherein the action was pending and with the 39 division of criminal justice services: 40 (a) A certified copy of the order of removal; 41 (b) Where the direction is one authorized by subdivision four of 42 section 180.75 of this chapter, a copy of [the] any statement of the 43 district attorney made pursuant to paragraph (b) of subdivision six of 44 section 180.75 of this chapter; 45 (c) Where the direction is authorized by section 180.75, a copy of 46 the portion of the minutes containing the statement by the court pursu- 47 ant to paragraph (a) of subdivision six of such section 180.75; 48 (d) Where the direction is one authorized by subparagraph (iii) of 49 paragraph [(h)] (g) of subdivision five of section 220.10 or section 50 330.25 of this chapter, a copy of the minutes of the plea of guilty, 51 including the minutes of the memorandum submitted by the district attor- 52 ney and the court; 53 (e) Where the direction is one authorized by subdivision one of 54 section 210.43 of this chapter, a copy of that portion of the minutes 55 containing [the] any statement by the court pursuant to paragraph (a) of 56 subdivision five of section 210.43 of this chapter;A. 7642--A 65 1 (f) Where the direction is one authorized by paragraph (b) of subdi- 2 vision one of section 210.43 of this chapter, a copy of that portion of 3 the minutes containing [the] any statement of the district attorney made 4 pursuant to paragraph (b) of subdivision five of section 210.43 of this 5 chapter; and 6 (g) In addition to the records specified in this subdivision, such 7 further statement or submission of additional information pertaining to 8 the proceeding in criminal court in accordance with standards estab- 9 lished by the commissioner of the division of criminal justice services, 10 subject to the provisions of subdivision three of this section. 11 3. It shall be the duty of said clerk to maintain a separate file for 12 copies of orders and minutes filed pursuant to this section. Upon 13 receipt of such orders and minutes the clerk must promptly delete such 14 portions as would identify the defendant, but the clerk shall neverthe- 15 less maintain a separate confidential system to enable correlation of 16 the documents so filed with identification of the defendant. After 17 making such deletions the orders and minutes shall be placed within the 18 file and must be available for public inspection. Information permit- 19 ting correlation of any such record with the identity of any defendant 20 shall not be divulged to any person except upon order of a justice of 21 the supreme court based upon a finding that the public interest or the 22 interests of justice warrant disclosure in a particular cause for a 23 particular case or for a particular purpose or use. 24 § 83. Subdivision 1 of section 500-a of the correction law is amended 25 by adding a new paragraph (h) to read as follows: 26 (h) Notwithstanding any other provision of law, no county jail shall 27 be used for the confinement of any person under the age of eighteen. 28 Placement of any person who may not be confined to a county jail pursu- 29 ant to this subdivision shall be determined by the office of children 30 and family services. 31 § 84. Subdivision 4 of section 500-b of the correction law is 32 REPEALED. 33 § 85. Subparagraph 3 of paragraph (c) of subdivision 8 of section 34 500-b of the correction law is REPEALED. 35 § 86. Subdivision 13 of section 500-b of the correction law is 36 REPEALED. 37 § 87. Subparagraph 1 of paragraph d of subdivision 3 of section 3214 38 of the education law, as amended by chapter 425 of the laws of 2002, is 39 amended to read as follows: 40 (1) Consistent with the federal gun-free schools act, any public 41 school pupil who is determined under this subdivision to have brought a 42 firearm to or possessed a firearm at a public school shall be suspended 43 for a period of not less than one calendar year and any nonpublic school 44 pupil participating in a program operated by a public school district 45 using funds from the elementary and secondary education act of nineteen 46 hundred sixty-five who is determined under this subdivision to have 47 brought a firearm to or possessed a firearm at a public school or other 48 premises used by the school district to provide such programs shall be 49 suspended for a period of not less than one calendar year from partic- 50 ipation in such program. The procedures of this subdivision shall apply 51 to such a suspension of a nonpublic school pupil. A superintendent of 52 schools, district superintendent of schools or community superintendent 53 shall have the authority to modify this suspension requirement for each 54 student on a case-by-case basis. The determination of a superintendent 55 shall be subject to review by the board of education pursuant to para- 56 graph c of this subdivision and the commissioner pursuant to sectionA. 7642--A 66 1 three hundred ten of this chapter. Nothing in this subdivision shall be 2 deemed to authorize the suspension of a student with a disability in 3 violation of the individuals with disabilities education act or article 4 eighty-nine of this chapter. A superintendent shall refer the pupil 5 under the age of [sixteen] eighteen who has been determined to have 6 brought a weapon or firearm to school in violation of this subdivision 7 to a presentment agency for a juvenile delinquency proceeding consistent 8 with article three of the family court act except a student [fourteen or9fifteen years of age] who qualifies for juvenile offender status under 10 subdivision forty-two of section 1.20 of the criminal procedure law. A 11 superintendent shall refer any pupil [sixteen] eighteen years of age or 12 older or a student [fourteen or fifteen years of age] who qualifies for 13 juvenile offender status under subdivision forty-two of section 1.20 of 14 the criminal procedure law, who has been determined to have brought a 15 weapon or firearm to school in violation of this subdivision to the 16 appropriate law enforcement officials. 17 § 88. Paragraph b of subdivision 4 of section 3214 of the education 18 law, as amended by chapter 181 of the laws of 2000, is amended to read 19 as follows: 20 b. The school authorities may institute proceedings before a court 21 having jurisdiction to determine the liability of a person in parental 22 relation to contribute towards the maintenance of a school delinquent 23 under [sixteen] seventeen years of age ordered to attend upon instruc- 24 tion under confinement. If the court shall find the person in parental 25 relation able to contribute towards the maintenance of such a minor, it 26 may issue an order fixing the amount to be paid weekly. 27 § 89. Subdivisions 3 and 4 of section 246 of the executive law, as 28 amended by section 10 of part D of chapter 56 of the laws of 2010, are 29 amended to read as follows: 30 3. Applications from counties or the city of New York for state aid 31 under this section shall be made by filing with the division of criminal 32 justice services, a detailed plan, including cost estimates covering 33 probation services for the fiscal year or portion thereof for which aid 34 is requested. Included in such estimates shall be clerical costs and 35 maintenance and operation costs as well as salaries of probation person- 36 nel, family engagement specialists and such other pertinent information 37 as the commissioner of the division of criminal justice services may 38 require. Items for which state aid is requested under this section shall 39 be duly designated in the estimates submitted. The commissioner of the 40 division of criminal justice services, after consultation with the state 41 probation commission and the director of the office of probation and 42 correctional alternatives, shall approve such plan if it conforms to 43 standards relating to the administration of probation services as speci- 44 fied in the rules adopted by him or her. 45 4. a. An approved plan and compliance with standards relating to the 46 administration of probation services promulgated by the commissioner of 47 the division of criminal justice services shall be a prerequisite to 48 eligibility for state aid. 49 The commissioner of the division of criminal justice services may take 50 into consideration granting additional state aid from an appropriation 51 made for state aid for county probation services for counties or the 52 city of New York when a county or the city of New York demonstrates that 53 additional probation services were dedicated to intensive supervision 54 programs[,] and intensive programs for sex offenders [or programs55defined as juvenile risk intervention services]. The commissioner shall 56 grant additional state aid from an appropriation dedicated to juvenileA. 7642--A 67 1 risk intervention services coordination by probation departments which 2 shall include, but not be limited to, probation services performed under 3 article three of the family court act or article seven hundred twenty- 4 two of the criminal procedure law. The administration of such additional 5 grants shall be made according to rules and regulations promulgated by 6 the commissioner of the division of criminal justice services. Each 7 county and the city of New York shall certify the total amount collected 8 pursuant to section two hundred fifty-seven-c of this chapter. The 9 commissioner of the division of criminal justice services shall thereup- 10 on certify to the comptroller for payment by the state out of funds 11 appropriated for that purpose, the amount to which the county or the 12 city of New York shall be entitled under this section. The commissioner 13 shall, subject to an appropriation made available for such purpose, 14 establish and provide funding to probation departments for a continuum 15 of evidence-based intervention services for youth alleged or adjudicated 16 juvenile delinquents pursuant to article three of the family court act 17 or for eligible youth before or sentenced under the youth part in 18 accordance with article seven hundred twenty-two of the criminal proce- 19 dure law. 20 b. Additional state aid shall be made in an amount necessary to pay 21 one hundred percent of the expenditures for evidence-based practices and 22 juvenile risk and evidence-based intervention services provided to youth 23 aged sixteen years of age or older when such services would not other- 24 wise have been provided absent the provisions of a chapter of the laws 25 of two thousand fifteen that increased the age of juvenile jurisdiction. 26 § 90. The executive law is amended by adding a new section 259-p to 27 read as follows: 28 § 259-p. Interstate detention. 1. Notwithstanding any other provision 29 of law, a defendant subject to section two hundred fifty-nine-mm of this 30 article, may be detained as authorized by the interstate compact for 31 adult offender supervision. 32 2. A defendant shall be detained at a local correctional facility, 33 except as otherwise provided in subdivision three of this section. 34 3. A defendant seventeen years of age or younger who allegedly commits 35 a criminal act or violation of his or her supervision shall be detained 36 in a juvenile detention facility. 37 § 91. Subdivision 16 of section 296 of the executive law, as separate- 38 ly amended by section 3 of part N and section 14 of part AAA of chapter 39 56 of the laws of 2009, is amended to read as follows: 40 16. It shall be an unlawful discriminatory practice, unless specif- 41 ically required or permitted by statute, for any person, agency, bureau, 42 corporation or association, including the state and any political subdi- 43 vision thereof, to make any inquiry about, whether in any form of appli- 44 cation or otherwise, or to act upon adversely to the individual 45 involved, any arrest or criminal accusation of such individual not then 46 pending against that individual which was followed by a termination of 47 that criminal action or proceeding in favor of such individual, as 48 defined in subdivision two of section 160.50 of the criminal procedure 49 law, or by a youthful offender adjudication, as defined in subdivision 50 one of section 720.35 of the criminal procedure law, or by a conviction 51 for a violation sealed pursuant to section 160.55 of the criminal proce- 52 dure law or by a conviction which is sealed pursuant to section 160.56 53 or 160.58 of the criminal procedure law, in connection with the licens- 54 ing, employment or providing of credit or insurance to such individual; 55 provided, further, that no person shall be required to divulge informa- 56 tion pertaining to any arrest or criminal accusation of such individualA. 7642--A 68 1 not then pending against that individual which was followed by a termi- 2 nation of that criminal action or proceeding in favor of such individ- 3 ual, as defined in subdivision two of section 160.50 of the criminal 4 procedure law, or by a youthful offender adjudication, as defined in 5 subdivision one of section 720.35 of the criminal procedure law, or by a 6 conviction for a violation sealed pursuant to section 160.55 of the 7 criminal procedure law, or by a conviction which is sealed pursuant to 8 section 160.56 or 160.58 of the criminal procedure law. The provisions 9 of this subdivision shall not apply to the licensing activities of 10 governmental bodies in relation to the regulation of guns, firearms and 11 other deadly weapons or in relation to an application for employment as 12 a police officer or peace officer as those terms are defined in subdivi- 13 sions thirty-three and thirty-four of section 1.20 of the criminal 14 procedure law; provided further that the provisions of this subdivision 15 shall not apply to an application for employment or membership in any 16 law enforcement agency with respect to any arrest or criminal accusation 17 which was followed by a youthful offender adjudication, as defined in 18 subdivision one of section 720.35 of the criminal procedure law, or by a 19 conviction for a violation sealed pursuant to section 160.55 of the 20 criminal procedure law, or by a conviction which is sealed pursuant to 21 section 160.56 or 160.58 of the criminal procedure law. 22 § 92. Section 502 of the executive law, as added by chapter 465 of the 23 laws of 1992, subdivision 3 as amended by section 1 of subpart B of part 24 Q of chapter 58 of the laws of 2011, is amended to read as follows: 25 § 502. Definitions. Unless otherwise specified in this article: 26 1. "Director" means the [director of the division for youth] commis- 27 sioner of the office of children and family services. 28 2. ["Division] "Division", "Office" or "division for youth" means the 29 [division for youth] office of children and family services. 30 3. "Detention" means the temporary care and maintenance of youth held 31 away from their homes pursuant to article three or seven of the family 32 court act, or held pending a hearing for alleged violation of the condi- 33 tions of release from an office of children and family services facility 34 or authorized agency, or held pending a hearing for alleged violation of 35 the condition of parole as a juvenile offender, or held pending return 36 to a jurisdiction other than the one in which the youth is held, or held 37 pursuant to a securing order of a criminal court if the youth named 38 therein as principal is charged as a juvenile offender or held pending a 39 hearing on an extension of placement or held pending transfer to a 40 facility upon commitment or placement by a court. Only alleged or 41 convicted juvenile offenders who have not attained their [eighteenth] 42 twenty-first birthday shall be subject to detention in a detention 43 facility. 44 4. For purposes of this article, the term "youth" shall [be synonymous45with the term "child" and means] mean a person not less than [seven] ten 46 years of age and not more than [twenty] twenty-three years of age. 47 5. "Placement" means the transfer of a youth to the custody of the 48 [division] office pursuant to the family court act. 49 6. "Commitment" means the transfer of a youth to the custody of the 50 [division] office pursuant to the penal law. 51 7. "Conditional release" means the transfer of a youth from facility 52 status to aftercare supervision under the continued custody of the 53 [division] office. 54 8. "Discharge" means the termination of [division] office custody of a 55 youth.A. 7642--A 69 1 9. "Aftercare" means supervision of a youth on conditional release 2 status under the continued custody of the division. 3 § 93. Subdivision 7 of section 503 of the executive law, as amended by 4 section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is 5 amended to read as follows: 6 7. The person in charge of each detention facility shall keep a record 7 of all time spent in such facility for each youth in care. The detention 8 facility shall deliver a certified transcript of such record to the 9 office, social services district, or other agency taking custody of the 10 youth pursuant to article three [or seven] of the family court act, 11 before, or at the same time as the youth is delivered to the office, 12 district or other agency, as is appropriate. 13 § 94. Section 507-a of the executive law, as amended by chapter 465 14 of the laws of 1992, paragraph (a) of subdivision 1 as amended by chap- 15 ter 309 of the laws of 1996, is amended to read as follows: 16 § 507-a. Placement and commitment; procedures. 1. Youth may be placed 17 in or committed to the custody of the [division] office of children and 18 family services: 19 (a) for placement, as a juvenile delinquent pursuant to the family 20 court act; or 21 (b) for commitment pursuant to the penal law. 22 2. (a) Consistent with other provisions of law, only those youth who 23 have reached the age of [seven] ten, but who have not reached the age of 24 twenty-one may be placed in[, committed to or remain in] the [divi-25sion's] custody of the office of children and family services. Except as 26 provided for in paragraph (a-1) of this subdivision, no youth who has 27 reached the age of twenty-one may remain in custody of the office of 28 children and family services. 29 (a-1) (i) A youth who is committed to the office of children and fami- 30 ly services as a juvenile offender or youthful offender may remain in 31 the custody of the office during the period of his or her sentence 32 beyond the age of twenty-one in accordance with the provisions of subdi- 33 vision five of section five hundred eight of this article but in no 34 event may such a youth remain in the custody of the office beyond his or 35 her twenty-third birthday; and (ii) a youth found to have committed a 36 designated class A felony act who is restrictively placed with the 37 office under subdivision four of section 353.5 of the family court act 38 for committing an act on or after the youth's sixteenth birthday may 39 remain in the custody of the office of children and family services up 40 to the age of twenty-three in accordance with his or her placement 41 order. 42 (a-2) Whenever it shall appear to the satisfaction of the [division] 43 office of children and family services that any youth placed therewith 44 is not of proper age to be so placed or is not properly placed, or is 45 mentally or physically incapable of being materially benefited by the 46 program of the [division] office, the [division] office shall cause the 47 return of such youth to the county from which placement was made. 48 (b) The [division] office shall deliver such youth to the custody of 49 the placing court, along with the records provided to the [division] 50 office pursuant to section five hundred seven-b of this article, there 51 to be dealt with by the court in all respects as though no placement had 52 been made. 53 (c) The cost and expense of the care and return of such youth incurred 54 by the [division] office shall be reimbursed to the state by the social 55 services district from which such youth was placed in the manner 56 provided by section five hundred twenty-nine of this article.A. 7642--A 70 1 3. The [division] office may photograph any youth in its custody. 2 Such photograph may be used only for the purpose of assisting in the 3 return of conditionally released children and runaways pursuant to 4 section five hundred ten-b of this article. Such photograph shall be 5 destroyed immediately upon the discharge of the youth from [division] 6 office custody. 7 4. (a) A youth placed with or committed to the [division] office may, 8 immediately following placement or commitment, be remanded to an appro- 9 priate detention facility. 10 (b) The [division] office shall admit a [child] youth placed [with the11division] under its care to a facility of the [division] office within 12 fifteen days of the date of the order of placement with the [division] 13 office and shall admit a juvenile offender committed to the [division] 14 office to a facility of the [division] office within ten days of the 15 date of the order of commitment to the [division] office, except as 16 provided in section five hundred seven-b of this article. 17 5. Consistent with other provisions of law, in the discretion of the 18 [director, youth] commissioner of the office of children and family 19 services, youth placed within the office under the family court act who 20 attain the age of eighteen while in [division] custody of the office and 21 who are not required to remain in the placement with the office as a 22 result of a dispositional order of the family court may reside in a 23 non-secure facility until the age of twenty-one, provided that such 24 youth attend a full-time vocational or educational program and are like- 25 ly to benefit from such program. 26 § 95. Section 508 of the executive law, as added by chapter 481 of the 27 laws of 1978 and as renumbered by chapter 465 of the laws of 1992, 28 subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision 29 2 as amended by chapter 572 of the laws of 1985, subdivisions 4, 5, 6 30 and 7 as amended by section 97 of subpart B of part C of chapter 62 of 31 the laws of 2011, subdivision 8 as added by chapter 560 of the laws of 32 1984 and subdivision 9 as added by chapter 7 of the laws of 2007, is 33 amended to read as follows: 34 § 508. Juvenile offender facilities. 1. The office of children and 35 family services shall maintain [secure] facilities for the care and 36 confinement of juvenile offenders committed [for an indeterminate,37determinate or definite sentence] to the office pursuant to the sentenc- 38 ing provisions of the penal law. Such facilities shall provide appropri- 39 ate services to juvenile offenders including but not limited to residen- 40 tial care, educational and vocational training, physical and mental 41 health services, and employment counseling. 42 1-a. Any new facilities developed by the office of children and family 43 services to serve the additional youth placed with the office as a 44 result of raising the age of juvenile jurisdiction shall, to the extent 45 practicable, consist of smaller, more home-like facilities located near 46 the youths' homes and families that provide gender-responsive program- 47 ming, services and treatment in small, closely supervised groups that 48 offer extensive and on-going individual attention and encourage support- 49 ive peer relationships. 50 2. Juvenile offenders committed to the office for committing crimes 51 prior to the age of sixteen shall be confined in such facilities [until52the age of twenty-one] in accordance with their sentences, and shall not 53 be released, discharged or permitted home visits except pursuant to the 54 provisions of this section. 55 [(a) The director of the division for youth may authorize the transfer56of a juvenile offender in his custody, who has been convicted ofA. 7642--A 71 1burglary or robbery, to a school or center established and operated2pursuant to title three of this article at any time after the juvenile3offender has been confined in a division for youth secure facility for4one year or one-half of his minimum sentence, whichever is greater.5(b) The director of the division for youth may authorize the transfer6of a juvenile offender in his custody, who has been convicted of7burglary or robbery, and who is within ninety days of release as estab-8lished by the board of parole, to any facility established and operated9pursuant to this article.10(c) A juvenile offender may be transferred as provided in paragraphs11(a) and (b) herein, only after the director determines that there is no12danger to public safety and that the offender shall substantially bene-13fit from the programs and services of another division facility. In14determining whether there is a danger to public safety the director15shall consider: (i) the nature and circumstances of the offense includ-16ing whether any physical injury involved was inflicted by the offender17or another participant; (ii) the record and background of the offender;18and (iii) the adjustment of the offender at division facilities.19(d) For a period of six months after a juvenile offender has been20transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-21der may have only accompanied home visits. After completing six months22of confinement following transfer from a secure facility, a juvenile23offender may not have an unaccompanied home visit unless two accompanied24home visits have already occurred. An "accompanied home visit" shall25mean a home visit during which the juvenile offender shall be accompa-26nied at all times while outside the facility by appropriate personnel of27the division for youth designated pursuant to regulations of the direc-28tor of the division.29(e) The director of the division for youth shall promulgate rules and30regulations including uniform standards and procedures governing the31transfer of juvenile offenders from secure facilities to other facili-32ties and the return of such offenders to secure facilities. The rules33and regulations shall provide a procedure for the referral of proposed34transfer cases by the secure facility director, and shall require a35determination by the facility director that transfer of a juvenile36offender to another facility is in the best interests of the division37for youth and the juvenile offender and that there is no danger to38public safety.39The rules and regulations shall further provide for the establishment40of a division central office transfer committee to review transfer cases41referred by the secure facility directors. The committee shall recommend42approval of a transfer request to the director of the division only upon43a clear showing by the secure facility director that the transfer is in44the best interests of the division for youth and the juvenile offender45and that there is no danger to public safety. In the case of the denial46of the transfer request by the transfer committee, the juvenile offender47shall remain at a secure facility. Notwithstanding the recommendation48for approval of transfer by the transfer committee, the director of the49division may deny the request for transfer if there is a danger to50public safety or if the transfer is not in the best interests of the51division for youth or the juvenile offender.52The rules and regulations shall further provide a procedure for the53immediate return to a secure facility, without a hearing, of a juvenile54offender transferred to another facility upon a determination by that55facility director that there is a danger to public safety.]A. 7642--A 72 1 3. The [division] office of children and family services shall report 2 in writing to the sentencing court and district attorney, not less than 3 once every six months during the period of confinement, on the status, 4 adjustment, programs and progress of the offender. 5 4. [The office of children and family services may apply to the6sentencing court for permission to transfer a youth not less than7sixteen nor more than eighteen years of age to the department of8corrections and community supervision. Such application shall be made9upon notice to the youth, who shall be entitled to be heard upon the10application and to be represented by counsel. The court shall grant the11application if it is satisfied that there is no substantial likelihood12that the youth will benefit from the programs offered by the office13facilities.145.] The office of children and family services may transfer an offen- 15 der not less than eighteen [nor more than twenty-one] years of age to 16 the department of corrections and community supervision if the commis- 17 sioner of the office certifies to the commissioner of corrections and 18 community supervision that there is no substantial likelihood that the 19 youth will benefit from the programs offered by office facilities. 20 [6. At age twenty-one, all] 5. (a) All juvenile offenders committed to 21 the office for committing a crime prior to the youth's sixteenth birth- 22 day who still have time left on their sentences of imprisonment shall be 23 transferred at age twenty-three to the custody of the department of 24 corrections and community supervision for confinement pursuant to the 25 correction law. 26 [7.] (b) All offenders committed to the office for committing a crime 27 on or after their sixteenth birthday who still have time left on their 28 sentences of imprisonment shall be transferred to the custody of the 29 department of corrections and community supervision for confinement 30 pursuant to the correction law after completing two years of care in 31 office of children and family services facilities unless they are within 32 four months of completing the imprisonment portion of their sentence and 33 the office determines, in its discretion, on a case-by-case basis that 34 the youth should be permitted to remain with the office for the addi- 35 tional short period of time necessary to enable them to complete their 36 sentence. In making such a determination, the factors the office may 37 consider include, but are not limited to, the age of the youth, the 38 amount of time remaining on the youth's sentence of imprisonment, the 39 level of the youth's participation in the program, the youth's educa- 40 tional and vocational progress, the opportunities available to the youth 41 through the office and through the department. Nothing in this paragraph 42 shall authorize a youth to remain in an office facility beyond his or 43 her twenty-third birthday. 44 (c) All juvenile offenders who are eligible to be released from an 45 office of children and family services facility before they are required 46 to be transferred to the department of corrections and community super- 47 vision and who are able to complete the full-term of their community 48 supervision sentences before they turn twenty-three years of age shall 49 remain with the office of children and family services for community 50 supervision. 51 (d) All juvenile offenders released from an office of children and 52 family services facility before they are transferred to the department 53 of corrections and community supervision who are unable to complete the 54 full-term of their community supervision before they turn twenty-three 55 years of age shall be under the supervision of the department ofA. 7642--A 73 1 corrections and community supervision until expiration of the maximum 2 term. 3 6. While in the custody of the office of children and family services, 4 an offender shall be subject to the rules and regulations of the office, 5 except that his or her parole, temporary release and discharge shall be 6 governed by the laws applicable to inmates of state correctional facili- 7 ties and his or her transfer to state hospitals in the office of mental 8 health shall be governed by section five hundred nine of this chapter. 9 The commissioner of the office of children and family services shall, 10 however, establish and operate temporary release programs at office of 11 children and family services facilities for eligible juvenile offenders 12 and [contract with the department of corrections and community super-13vision for the provision of parole] provide supervision [services] for 14 temporary releasees. The rules and regulations for these programs shall 15 not be inconsistent with the laws for temporary release applicable to 16 inmates of state correctional facilities. For the purposes of temporary 17 release programs for juvenile offenders only, when referred to or 18 defined in article twenty-six of the correction law, "institution" shall 19 mean any facility designated by the commissioner of the office of chil- 20 dren and family services, "department" shall mean the office of children 21 and family services, "inmate" shall mean a juvenile offender residing in 22 an office of children and family services facility, and "commissioner" 23 shall mean the [director] commissioner of the office of children and 24 family services. Time spent in office of children and family services 25 facilities and in juvenile detention facilities shall be credited 26 towards the sentence imposed in the same manner and to the same extent 27 applicable to inmates of state correctional facilities. 28 [8] 7. Whenever a juvenile offender or a juvenile offender adjudi- 29 cated a youthful offender shall be delivered to the director of [a divi-30sion for youth] an office of children and family services facility 31 pursuant to a commitment to the [director of the division for youth] 32 office of children and family services, the officer so delivering such 33 person shall deliver to such facility director a certified copy of the 34 sentence received by such officer from the clerk of the court by which 35 such person shall have been sentenced, a copy of the report of the 36 probation officer's investigation and report, any other pre-sentence 37 memoranda filed with the court, a copy of the person's fingerprint 38 records, a detailed summary of available medical records, psychiatric 39 records and reports relating to assaults, or other violent acts, 40 attempts at suicide or escape by the person while in the custody of a 41 local detention facility. 42 [9] 8. Notwithstanding any provision of law, including section five 43 hundred one-c of this article, the office of children and family 44 services shall make records pertaining to a person convicted of a sex 45 offense as defined in subdivision (p) of section 10.03 of the mental 46 hygiene law available upon request to the commissioner of mental health 47 or the commissioner of [mental retardation and] the office for persons 48 with developmental disabilities, as appropriate; a case review panel; 49 and the attorney general; in accordance with the provisions of article 50 ten of the mental hygiene law. 51 § 96. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive 52 law, subdivisions 1, 4 and 5 as added by chapter 906 of the laws of 53 1973, paragraph (c) of subdivision 1 as amended and paragraph (d) of 54 subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2 55 as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi- 56 sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-aA. 7642--A 74 1 as added by chapter 258 of the laws of 1974, are amended to read as 2 follows: 3 1. Definitions. As used in this section: 4 (a) "authorized agency", "certified boarding home", "local charge" and 5 "state charge" shall have the meaning ascribed to such terms by the 6 social services law; 7 (b) "aftercare supervision" shall mean supervision of released or 8 discharged youth, not in foster care; and, 9 (c) "foster care" shall mean residential care, maintenance and super- 10 vision provided to released or discharged youth, or youth otherwise in 11 the custody of the [division for youth, in a division foster family home12certified by the division.13(d) "division foster family home" means a service program provided in14a home setting available to youth under the jurisdiction of the division15for youth] office of children and family services. 16 2. [Expenditures] Except as provided in subdivision five of this 17 section, expenditures made by the [division for youth] office of chil- 18 dren and family services for care, maintenance and supervision furnished 19 youth, including alleged and adjudicated juvenile delinquents and 20 persons in need of supervision, placed or referred, pursuant to titles 21 two or three of this article, and juvenile offenders committed pursuant 22 to section 70.05 of the penal law, in the [division's] office's programs 23 and facilities, shall be subject to reimbursement to the state by the 24 social services district from which the youth was placed or by the 25 social services district in which the juvenile offender resided at the 26 time of commitment, in accordance with this section and the regulations 27 of the [division,] office as follows: fifty percent of the amount 28 expended for care, maintenance and supervision of local charges includ- 29 ing juvenile offenders. 30 [4. Expenditures made by the division for youth] 3. The costs for 31 foster care provided by voluntary authorized agencies to juvenile delin- 32 quents placed in the care of the office of children and family services 33 shall be [subject to reimbursement to the state by] the responsibility 34 of the social services district from which the youth was placed, and 35 shall be subject to reimbursement from the state in accordance with [the36regulations of the division, as follows: fifty percent of the amount37expended for care, maintenance and supervision of local charges] section 38 one hundred fifty-three-k of the social services law. 39 [5] 4. (a) [Expenditures] Except as provided in subdivision five of 40 this section, expenditures made by the [division for youth] office of 41 children and family services for aftercare supervision shall be subject 42 to reimbursement to the state by the social services district from which 43 the youth was placed, in accordance with regulations of the [division] 44 office, as follows: fifty percent of the amount expended for aftercare 45 supervision of local charges. 46 (b) Expenditures made by social services districts for aftercare 47 supervision of adjudicated juvenile delinquents and persons in need of 48 supervision [provided (prior to the expiration of the initial or49extended period of placement or commitment) by the aftercare staff of50the facility from which the youth has been released or discharged, other51than those under the jurisdiction of the division for youth, in which52said youth was placed or committed, pursuant to directions of the family53court,] shall be subject to reimbursement by the state[, upon approval54by the division and in accordance with its regulations, as follows:55(1) the full amount expended by the district for aftercare supervision56of state charges;A. 7642--A 75 1(2) fifty percent of the amount expended by the district for aftercare2supervision of local charges] in accordance with section one hundred 3 fifty-three-k of the social services law. 4 (c) Expenditures made by the [division for youth] office of children 5 and family services for contracted programs and contracted services 6 pursuant to subdivision seven of section five hundred one of this arti- 7 cle, except with respect to urban homes and group homes, shall be 8 subject to reimbursement to the state by the social services district 9 from which the youth was placed, in accordance with this section and the 10 regulations of the [division] office as follows: fifty percent of the 11 amount expended for the operation and maintenance of such programs and 12 services. 13 5. Notwithstanding any other provision of law to the contrary, no 14 reimbursement shall be required from a social services district for 15 expenditures made by the office of children and family services on or 16 after December first, two thousand fifteen for the care, maintenance, 17 supervision or aftercare supervision of youth age sixteen years of age 18 or older that would not otherwise have been made absent the provisions 19 of a chapter of the laws of two thousand fifteen that increased the age 20 of juvenile jurisdiction above fifteen years of age or that authorized 21 the placement in office of children and family services facilities of 22 certain other youth who committed a crime on or after their sixteenth 23 birthdays. 24 5-a. The social services district responsible for reimbursement to the 25 state shall remain the same if during a period of placement or extension 26 thereof, a child commits a criminal act while in [a division] an office 27 of children and family services facility, during an authorized absence 28 therefrom or after absconding therefrom and is returned to the [divi-29sion] office following adjudication or conviction for the act by a court 30 with jurisdiction outside the boundaries of the social services district 31 which was responsible for reimbursement to the state prior to such adju- 32 dication or conviction. 33 § 97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi- 34 vision 3 of section 529-b of the executive law, as added by section 3 of 35 subpart B of part Q of chapter 58 of the laws of 2011, are amended to 36 read as follows: 37 1. (a) Notwithstanding any provision of law to the contrary, eligible 38 expenditures by an eligible municipality for services to divert youth at 39 risk of, alleged to be, or adjudicated as juvenile delinquents or 40 persons alleged or adjudicated to be in need of supervision, or youth 41 alleged to be or convicted as juvenile offenders from placement in 42 detention or in residential care shall be subject to state reimbursement 43 under the supervision and treatment services for juveniles program for 44 up to sixty-two percent of the municipality's expenditures, subject to 45 available appropriations and exclusive of any federal funds made avail- 46 able for such purposes, not to exceed the municipality's distribution 47 under the supervision and treatment services for juveniles program. 48 (b) The state funds appropriated for the supervision and treatment 49 services for juveniles program shall be distributed to eligible munici- 50 palities by the office of children and family services based on a plan 51 developed by the office which may consider historical information 52 regarding the number of youth seen at probation intake for an alleged 53 act of delinquency, the number of alleged persons in need of supervision 54 receiving diversion services under section seven hundred thirty-five of 55 the family court act, the number of youth remanded to detention, the 56 number of juvenile delinquents placed with the office, the number ofA. 7642--A 76 1 juvenile delinquents and persons in need of supervision placed in resi- 2 dential care with the municipality, the municipality's reduction in the 3 use of detention and residential placements, and other factors as deter- 4 mined by the office. Such plan developed by the office shall be subject 5 to the approval of the director of the budget. The office is authorized, 6 in its discretion, to make advance distributions to a municipality in 7 anticipation of state reimbursement. 8 (iii) a description of how the services and programs proposed for 9 funding will reduce the number of youth from the municipality who are 10 detained and residentially or otherwise placed; how such services and 11 programs are family-focused; and whether such services and programs are 12 capable of being replicated across multiple sites; 13 § 98. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive 14 law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q 15 of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision 16 2 as amended by section 1 of part M of chapter 57 of the laws of 2012, 17 subdivision 5 as amended by chapter 920 of the laws of 1982, subpara- 18 graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as 19 amended by section 5 of subpart B of part Q of chapter 58 of the laws of 20 2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and 21 subdivision 7 as amended by section 6 of subpart B of part Q of chapter 22 58 of the laws of 2011, are amended and a new subdivision 8 is added to 23 read as follows: 24 2. [Expenditures] Except as provided for in subdivision eight of this 25 section, expenditures made by municipalities in providing care, mainte- 26 nance and supervision to youth in detention facilities designated pursu- 27 ant to sections seven hundred twenty and 305.2 of the family court act 28 and certified by [the division for youth] office of children and family 29 services, shall be subject to reimbursement by the state, as follows: 30 (a) Notwithstanding any provision of law to the contrary, eligible 31 expenditures by a municipality during a particular program year for the 32 care, maintenance and supervision in foster care programs certified by 33 the office of children and family services, certified or approved family 34 boarding homes, and non-secure detention facilities certified by the 35 office for those youth alleged to be persons in need of supervision or 36 adjudicated persons in need of supervision held pending transfer to a 37 facility upon placement; and in secure and non-secure detention facili- 38 ties certified by the office in accordance with section five hundred 39 three of this article for those youth alleged to be juvenile delin- 40 quents; adjudicated juvenile delinquents held pending transfer to a 41 facility upon placement, and juvenile delinquents held at the request of 42 the office of children and family services pending extension of place- 43 ment hearings or release revocation hearings or while awaiting disposi- 44 tion of such hearings; and youth alleged to be or convicted as juvenile 45 offenders and, youth alleged to be persons in need of supervision or 46 adjudicated persons in need of supervision held pending transfer to a 47 facility upon placement in foster care programs certified by the office 48 of children and family services, certified or approved family boarding 49 homes, shall be subject to state reimbursement for up to fifty percent 50 of the municipality's expenditures, exclusive of any federal funds made 51 available for such purposes, not to exceed the municipality's distrib- 52 ution from funds that have been appropriated specifically therefor for 53 that program year. Municipalities shall implement the use of detention 54 risk assessment instruments in a manner prescribed by the office so as 55 to inform detention decisions. Notwithstanding any other provision of 56 state law to the contrary, data necessary for completion of a detentionA. 7642--A 77 1 risk assessment instrument may be shared among law enforcement, 2 probation, courts, detention administrators, detention providers, and 3 the attorney for the child upon retention or appointment; solely for the 4 purpose of accurate completion of such risk assessment instrument, and a 5 copy of the completed detention risk assessment instrument shall be made 6 available to the applicable detention provider, the attorney for the 7 child and the court. 8 (b) The state funds appropriated for juvenile detention services shall 9 be distributed to eligible municipalities by the office of children and 10 family services based on a plan developed by the office which may 11 consider historical information regarding the number of youth remanded 12 to detention, the municipality's reduction in the use of detention, the 13 municipality's youth population, and other factors as determined by the 14 office. Such plan developed by the office shall be subject to the 15 approval of the director of the budget. The office is authorized, in its 16 discretion, to make advance distributions to a municipality in antic- 17 ipation of state reimbursement. 18 (c) A municipality may also use the funds distributed to it for juve- 19 nile detention services under this section for a particular program year 20 for sixty-two percent of a municipality's eligible expenditures for 21 supervision and treatment services for juveniles programs approved under 22 section five hundred twenty-nine-b of this title for services that were 23 not reimbursed from a municipality's distribution under such program 24 provided to at-risk, alleged or adjudicated juvenile delinquents or 25 persons alleged or adjudicated to be in need of supervision, or alleged 26 to be or convicted as juvenile offenders in community-based non-residen- 27 tial settings. Any claims submitted by a municipality for reimbursement 28 for detention services or supervision and treatment services for juve- 29 niles provided during a particular program year for which the munici- 30 pality does not receive state reimbursement from the municipality's 31 distribution of detention services funds for that program year may not 32 be claimed against the municipality's distribution of funds available 33 under this section for the next applicable program year. The office may 34 require that such claims be submitted to the office electronically at 35 such times and in the manner and format required by the office. 36 [(d)(i)] 2-a. (a) Notwithstanding any provision of law or regulation 37 to the contrary, any information or data necessary for the development, 38 validation or revalidation of the detention risk assessment instrument 39 shall be shared among local probation departments, the office of 40 probation and correctional alternatives and, where authorized by the 41 division of criminal justice services, the entity under contract with 42 the division to provide information technology services related to youth 43 assessment and screening, the office of children and family services, 44 and any entity under contract with the office of children and family 45 services to provide services relating to the development, validation or 46 revalidation of the detention risk assessment instrument. Any such 47 information and data shall not be commingled with any criminal history 48 database. Any information and data used and shared pursuant to this 49 section shall only be used and shared for the purposes of this section 50 and in accordance with this section. Such information shall be shared 51 and received in a manner that protects the confidentiality of such 52 information. The sharing, use, disclosure and redisclosure of such 53 information to any person, office, or other entity not specifically 54 authorized to receive it pursuant to this section or any other law is 55 prohibited.A. 7642--A 78 1 [(ii)] (b) The office of children and family services shall consult 2 with individuals with professional research experience and expertise in 3 criminal justice; social work; juvenile justice; and applied mathemat- 4 ics, psychometrics and/or statistics to assist the office in determining 5 the method it will use to: develop, validate and revalidate such 6 detention risk assessment instrument; and analyze the effectiveness of 7 the use of such detention risk assessment instrument in accomplishing 8 its intended goals; and analyze, to the greatest extent possible any 9 disparate impact on detention outcomes for juveniles based on race, sex, 10 national origin, economic status and any other constitutionally 11 protected class, regarding the use of such instrument. The office shall 12 consult with such individuals regarding whether it is appropriate to 13 attempt to analyze whether there is any such disparate impact based on 14 sexual orientation and, if so, the best methods to conduct such analy- 15 sis. The office shall take into consideration any recommendations given 16 by such individuals involving improvements that could be made to such 17 instrument and process. 18 [(iii)] (c) Data collected for the purposes of completing the 19 detention risk assessment instrument from any source other than an offi- 20 cially documented record shall be confirmed as soon as practicable. 21 Should any data originally utilized in completing the risk assessment 22 instrument be found to conflict with the officially documented record, 23 the risk assessment instrument shall be completed with the officially 24 documented data and any corresponding revision to the risk categori- 25 zation shall be made. The office shall periodically revalidate any 26 approved risk assessment instrument. The office shall conspicuously post 27 any approved detention risk assessment instrument on its website and 28 shall confer with appropriate stakeholders, including but not limited 29 to, attorneys for children, presentment agencies, probation, and the 30 family court, prior to revising any validated risk assessment instru- 31 ment. Any such revised risk assessment instrument shall be subject to 32 periodic empirical validation. 33 4. (a) The municipality must notify the office of children and family 34 services of state aid received under other state aid formulas by each 35 detention facility for which the municipality is seeking reimbursement 36 pursuant to this section, including but not limited to, aid for educa- 37 tion, probation and mental health services. 38 (b) Except as provided in subdivision eight of this section: (i) In 39 computing reimbursement to the municipality pursuant to this section, 40 the office shall insure that the aggregate of state aid under all state 41 aid formulas shall not exceed fifty percent of the cost of care, mainte- 42 nance and supervision provided to detainees eligible for state 43 reimbursement under subdivision two of this section, exclusive of feder- 44 al aid for such purposes not to exceed the amount of the municipality's 45 distribution under the juvenile detention services program. 46 [(c)] (ii) Reimbursement for administrative related expenditures as 47 defined by the office of children and family services, for secure and 48 nonsecure detention services shall not exceed seventeen percent of the 49 total approved expenditures for facilities of twenty-five beds or more 50 and shall not exceed twenty-one percent of the total approved expendi- 51 tures for facilities with less than twenty-five beds. 52 5. (a) Except as provided in paragraph (b) of this subdivision, care, 53 maintenance and supervision for the purpose of this section shall mean 54 and include only: 55 (1) temporary care, maintenance and supervision provided to alleged 56 juvenile delinquents and persons in need of supervision in detentionA. 7642--A 79 1 facilities certified pursuant to sections seven hundred twenty and 305.2 2 of the family court act by the office of children and family services, 3 pending adjudication of alleged delinquency or alleged need of super- 4 vision by the family court, or pending transfer to institutions to which 5 committed or placed by such court or while awaiting disposition by such 6 court after adjudication or held pursuant to a securing order of a crim- 7 inal court if the person named therein as principal is under [sixteen] 8 eighteen years of age; or[,] 9 (1-a) temporary care, maintenance, and supervision provided to alleged 10 juvenile delinquents in detention facilities certified by the office of 11 children and family services, pending adjudication of alleged delinquen- 12 cy by the family court, or pending transfer to institutions to which 13 committed or placed by such court or while awaiting disposition by such 14 court after adjudication or held pursuant to a securing order of a crim- 15 inal court if the person named therein as principal is under twenty-one; 16 or 17 (2) temporary care, maintenance and supervision provided juvenile 18 delinquents in approved detention facilities at the request of the 19 office of children and family services pending release revocation hear- 20 ings or while awaiting disposition after such hearings; or 21 (3) temporary care, maintenance and supervision in approved detention 22 facilities for youth held pursuant to the family court act or the inter- 23 state compact on juveniles, pending return to their place of residence 24 or domicile[.]; or 25 (4) temporary care, maintenance and supervision provided youth 26 detained in foster care facilities or certified or approved family 27 boarding homes pursuant to article seven of the family court act. 28 (b) Payments made for reserved accommodations, whether or not in full 29 time use, approved and certified by the office of children and family 30 services [and certified pursuant to sections seven hundred twenty and31305.2 of the family court act], in order to assure that adequate accom- 32 modations will be available for the immediate reception and proper care 33 therein of youth for which detention costs are reimbursable pursuant to 34 paragraph (a) of this subdivision, shall be reimbursed as expenditures 35 for care, maintenance and supervision under the provisions of this 36 section, provided the office shall have given its prior approval for 37 reserving such accommodations. 38 6. The [director of the division for youth] office of children and 39 family services may adopt, amend, or rescind all rules and regulations, 40 subject to the approval of the director of the budget and certification 41 to the chairmen of the senate finance and assembly ways and means 42 committees, necessary to carry out the provisions of this section. 43 7. The agency administering detention for each county and the city of 44 New York shall submit to the office of children and family services, at 45 such times and in such form and manner and containing such information 46 as required by the office of children and family services, an annual 47 report on youth remanded pursuant to article three or seven of the fami- 48 ly court act who are detained during each calendar year including, 49 commencing January first, two thousand twelve, the risk level of each 50 detained youth as assessed by a detention risk assessment instrument 51 approved by the office of children and family services. The office may 52 require that such data on detention use be submitted to the office elec- 53 tronically. Such report shall include, but not be limited to, the reason 54 for the court's determination in accordance with section 320.5 or seven 55 hundred thirty-nine of the family court act, if applicable, to detain 56 the youth; the offense or offenses with which the youth is charged; andA. 7642--A 80 1 all other reasons why the youth remains detained. The office shall 2 submit a compilation of all the separate reports to the governor and the 3 legislature. 4 8. Notwithstanding any other provisions of law to the contrary, state 5 reimbursement shall be made available for one hundred percent of a 6 municipality's eligible expenditures for the care, maintenance and 7 supervision of youth sixteen years of age or older in non-secure and 8 secure detention facilities when such detention would not otherwise have 9 occurred absent the provisions of a chapter of the laws of two thousand 10 fifteen that increased the age of juvenile jurisdiction above fifteen 11 years of age. 12 § 99. Section 109-c of the vehicle and traffic law, as added by 13 section 1 of part E of chapter 60 of the laws of 2005, is amended to 14 read as follows: 15 § 109-c. Conviction. 1. Any conviction as defined in subdivision 16 thirteen of section 1.20 of the criminal procedure law; provided, howev- 17 er, where a conviction or administrative finding in this state or anoth- 18 er state results in a mandatory sanction against a commercial driver's 19 license, as set forth in sections five hundred ten, five hundred ten-a, 20 eleven hundred ninety-two and eleven hundred ninety-four of this chap- 21 ter, conviction shall also mean an unvacated adjudication of guilt, or a 22 determination that a person has violated or failed to comply with the 23 law in a court of original jurisdiction or by an authorized administra- 24 tive tribunal, an unvacated forfeiture of bail or collateral deposited 25 to secure the person's appearance in court, a plea of guilty or nolo 26 contendere accepted by the court, the payment of a fine or court cost, 27 or violation of a condition of release without bail, regardless of 28 whether or not the penalty is rebated, suspended, or probated. 29 2. A conviction shall include a juvenile delinquency adjudication for 30 the purposes of sections five hundred ten; subdivision five of section 31 five hundred eleven; five hundred fourteen; five hundred twenty-three-a; 32 subparagraph (ii) of paragraph (b) of subdivision one of section eleven 33 hundred ninety-three; subdivision two of section eleven hundred ninety- 34 three; eleven hundred ninety-six; eleven hundred ninety-eight; eleven 35 hundred ninety-eight-a; eleven hundred ninety-nine; eighteen hundred 36 eight; eighteen hundred nine; eighteen hundred nine-c; and eighteen 37 hundred nine-e of this chapter and paragraph (a) of subdivision six of 38 section sixty-five-b of the alcoholic beverage control law only and 39 solely for the purposes of allowing the family court to impose license 40 and registration sanctions, ignition interlock devices, any drug or 41 alcohol rehabilitation program, victim impact program, driver responsi- 42 bility assessment, victim assistance fee, surcharge, and issuing a stay 43 order on appeal. Nothing in this subdivision shall be construed as 44 limiting or precluding the enforcement of section eleven hundred nine- 45 ty-two-a of this chapter against a person under the age of twenty-one. 46 § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as 47 amended by chapter 132 of the laws of 1986, is amended to read as 48 follows: 49 1. Who may suspend or revoke. Any magistrate, justice or judge, in a 50 city, in a town, or in a village, any supreme court justice, any county 51 judge, any judge of a district court, any family court judge, the super- 52 intendent of state police and the commissioner of motor vehicles or any 53 person deputized by him, shall have power to revoke or suspend the 54 license to drive a motor vehicle or motorcycle of any person, or in the 55 case of an owner, the registration, as provided herein.A. 7642--A 81 1 § 100-a. Severability. If any clause, sentence, paragraph, subdivi- 2 sion, section or part contained in any part of this act shall be 3 adjudged by any court of competent jurisdiction to be invalid, such 4 judgment shall not affect, impair, or invalidate the remainder thereof, 5 but shall be confined in its operation to the clause, sentence, para- 6 graph, subdivision, section or part contained in any part thereof 7 directly involved in the controversy in which such judgment shall have 8 been rendered. It is hereby declared to be the intent of the legislature 9 that this act would have been enacted even if such invalid provisions 10 had not been included herein. 11 § 101. This act shall take effect immediately; provided, however, 12 that: 13 1. sections one through twenty-four, twenty-six through fifty-nine, 14 sixty-one through sixty-six, sixty-eight through seventy-six, and eighty 15 through one hundred-a of this act shall take effect on January 1, 2018; 16 2. sections sixty-seven, seventy-seven, seventy-eight, and seventy- 17 nine of this act shall take effect on the sixtieth day after it shall 18 have become a law; 19 3. the amendments to subparagraph (ii) of paragraph (a) of subdivision 20 1 of section 409-a of the social services law, made by section fifty-two 21 of this act shall not affect the expiration of such subparagraph and 22 shall be deemed expired therewith; 23 4. the amendments to subdivision 4 of section 353.5 of the family 24 court act made by section twenty-four of this act shall not affect the 25 expiration and reversion of such subdivision pursuant to section 11 of 26 subpart A of part G of chapter 57 of the laws of 2012, as amended, and 27 shall expire and be deemed repealed therewith, when upon such date the 28 provisions of section twenty-five of this act shall take effect; 29 5. the amendments to section 153-k of the social services law made by 30 section forty-seven of this act shall not affect the repeal of such 31 section and shall expire and be deemed repealed therewith; 32 6. the amendments to section 404 of the social services law made by 33 section fifty-one of this act shall not affect the repeal of such 34 section and shall expire and be deemed repealed therewith; 35 7. the amendments to subdivision 1 of section 70.20 of the penal law 36 made by section fifty-eight of this act shall not affect the expiration 37 of such subdivision and shall expire and be deemed repealed therewith; 38 8. the amendments to paragraph (f) of subdivision 1 of section 70.30 39 of the penal law made by section sixty-a of this act shall not affect 40 the expiration of such paragraph and shall be deemed to expire there- 41 with; 42 9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of 43 section 3214 of the education law made by section eighty-seven of this 44 act shall not affect the expiration of such paragraph and shall be 45 deemed to expire therewith; and 46 10. the amendments to the second undesignated paragraph of subdivision 47 4 of section 246 of the executive law made by section eighty-nine of 48 this act shall not affect the expiration of such paragraph and shall 49 expire and be deemed repealed therewith.
