County detention facilities for juvenile delinquents and persons in need of supervision

§ 218-a. County detention facilities for juvenile delinquents and
persons in need of supervision. A. To assure that suitable and
conveniently accessible accommodations and proper and adequate detention
in secure and non-secure detention facilities, as defined in section
five hundred two of the executive law and the regulations of the
division for youth, will be available when required for the temporary
care, maintenance and security of alleged and convicted juvenile
offenders, alleged and adjudicated juvenile delinquents and alleged and
adjudicated persons in need of supervision. Such regulations shall not
require any county to provide temporary care in a secure detention
facility for residents of any other county except upon a space available
basis. The county executive, if there be one, otherwise the board of
supervisors shall designate the agency of county government responsible
for the administration of the county juvenile detention program and
shall so advise the New York state division for youth, and may make
provisions therefor as follows:

1. Provide for the continued operation of the county's established
detention facility, so long as it complies with regulations of the
division for youth, and is certified by that division.

2. Authorize a contract between its county and one or more other
counties, which is or are operating a conveniently accessible detention
facility certified by the division for youth and in compliance with
regulations of the division for youth, providing for the reception,
temporary accommodation and care in such facility of alleged or
adjudicated juvenile delinquents and persons in need of supervision held
for or at the direction of its family court, for and in consideration of
the payments to be made therefor, on a per capita basis, pursuant to the
terms of such contract.

3. Authorize a contract between its county and one or more other
counties providing for the joint operation and maintenance by them of an
already established county detention facility certified by the state
division for youth and operated and maintained in compliance with the
regulations of the division for youth, which is conveniently accessible
to the counties concerned. Such authorization and contract may include
provisions for remodeling or enlarging the building of such facility.

4. Authorize a contract between its county and one or more other
counties providing for the joint establishment, operation and
maintenance by such counties of a new joint county detention facility
which shall be located on a site conveniently accessible to the counties
concerned and which shall be certified by the state division for youth
and which shall be established, operated and maintained in compliance
with the regulations of the division for youth.

5. The resolution providing for joint action under three or four above
shall be adopted by the board of supervisors of each of the several
counties affected, and a committee composed of at least one member of
each of such boards shall be created to acquire the necessary real
property in the name of the counties affected, and as the joint agent of
such counties such committee shall have charge of the construction,
equipment, maintenance and operation of such joint county detention
facility and, with the advice of an advisory committee consisting of the
judge of the family court and the commissioner of social services of
each of said counties, shall supervise and control the maintenance and
operation of such joint county detention facility. The said resolution
may specify the matters as to which the action of such committee shall
require the joint approval of the boards of supervisors of all the
counties affected and shall prescribe the proportions to be borne by
each of the several counties affected of the costs of acquisition of the
site and of construction of a new joint county detention facility and
the proportions to be borne by each of the several counties affected of
the costs of operation of such joint county detention facility, whether
established by new joint acquisition and construction or by utilization
of an existing county detention facility. The moneys to pay the share to
be borne by each county affected shall be provided by appropriation in
such amounts and at such times as may be agreed upon.

6. Notwithstanding any other provision of law, commencing October
first, two thousand eighteen, a county must provide for adequate
detention of alleged or convicted adolescent offenders in a specialized
secure detention facility for older youth who are alleged or convicted
of committing an offense when they were sixteen years of age and
commencing October first, two thousand nineteen, a county must provide
for adequate detention of alleged or convicted adolescent offenders in a
specialized secure detention facility for older youth who are alleged or
convicted of committing an offense when they were sixteen or seventeen
years of age. Such facility shall be certified and regulated by the
office of children and family services in conjunction with the state
commission of correction. Such facility shall: (i) have enhanced
security features and specially trained staff; and (ii) be jointly
administered by the agency of county government designated in accordance
with subdivision A of this section and the applicable county sheriff,
which both shall have the power to perform all acts necessary to carry
out their duties. The county sheriff shall be subject to the same laws
that apply to the designated county agency regarding the protection and
confidentiality of the information about the youth in such facility and
shall prevent access thereto by, or the distribution thereof to, persons
not authorized by law.

B. Notwithstanding any other provision of law, each board of
supervisors shall provide or assure the availability of conveniently
accessible and adequate non-secure detention facilities, certified by
the state division for youth, as resources for the family court in the
county pursuant to articles seven and three of the family court act, to
be operated in compliance with the regulations of the division for youth
for the temporary care and maintenance of alleged and adjudicated
juvenile delinquents and persons in need of supervision held for or at
the direction of a family court.

C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the
family court act. Such services shall be designed to provide an
immediate response to families in crisis and to identify and utilize
appropriate alternatives to juvenile detention.