S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          459
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the family court act and the executive law, in  relation
         to the county of Monroe establishing a limited secure placement facil-
         ity  for  juveniles;  and  providing for the repeal of such provisions
         upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 340.2 of the family court act, as added by chapter
    2  920 of the laws of 1982, subdivision 3 as amended by chapter 173 of  the
    3  laws of 1999, is amended to read as follows:
    4    S  340.2.  Presiding judge. 1. The judge who presides at the commence-
    5  ment of the fact-finding hearing shall continue to  preside  until  such
    6  hearing  is  concluded  and  an  order entered pursuant to section 345.1
    7  unless a mistrial is declared.
    8    2. The judge who presides at the fact-finding hearing  or  accepts  an
    9  admission  pursuant  to  section 321.3 shall preside at any other subse-
   10  quent hearing in the proceeding, including but not limited to the dispo-
   11  sitional hearing.
   12    3. Notwithstanding the provisions of subdivision two, the rules of the
   13  family court shall provide for  the  assignment  of  the  proceeding  to
   14  another judge of the court when the appropriate judge cannot preside:
   15    (a)  by  reason  of illness, disability, vacation or no longer being a
   16  judge of the court in that county; or
   17    (b) by reason of removal from the proceeding due to bias, prejudice or
   18  similar grounds; or
   19    (c) because it is not practicable for the judge to preside.
   20    4.   NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  TWO,  ANY  JUDGE
   21  PRESIDING IN THE JUVENILE MATTERS PART OF THE MONROE COUNTY FAMILY COURT
   22  MAY  PRESIDE OVER ANY MATTERS RELATED TO A JUVENILE DELINQUENCY PROCEED-
   23  ING, INCLUDING MATTERS AFFECTING DISPOSITIONS IMPOSED BY ANOTHER JUDGE.
   24    5. The provisions of this section shall not be waived.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02687-01-5
       A. 459                              2
    1    S 2. Section 355.4 of the family court act is amended by adding a  new
    2  subdivision 6 to read as follows:
    3    6.  WHEN  A RESPONDENT IS PLACED AT THE MONROE COUNTY JUVENILE JUSTICE
    4  CENTER THROUGH THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  THE  MONROE
    5  COUNTY  JUVENILE  JUSTICE  CENTER  SHALL  POSSESS THE CONSENT TO PROVIDE
    6  ROUTINE MEDICAL, DENTAL AND MENTAL  HEALTH  SERVICES  AND  TREATMENT  AS
    7  GRANTED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS
    8  SECTION.
    9    S 3. Section 501 of the executive law is amended  by  adding  two  new
   10  subdivisions 3-a and 4-a to read as follows:
   11    3-A.  TO  ENTER  INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF
   12  MONROE FOR SUCH COUNTY TO ESTABLISH,  OPERATE  AND  MAINTAIN  A  LIMITED
   13  SECURE PLACEMENT FACILITY.
   14    4-A.  TO INSPECT AND CERTIFY THE MONROE COUNTY JUVENILE JUSTICE CENTER
   15  LIMITED SECURE PLACEMENT FACILITY.
   16    S 4. Subdivision 1 of section 505 of the executive law, as amended  by
   17  chapter  465  of the laws of 1992, is amended and a new subdivision 4 is
   18  added to read as follows:
   19    1. There shall be a facility director of  each  [division  for  youth]
   20  OFFICE  OF CHILDREN AND FAMILY SERVICES facility. Such facility director
   21  shall be appointed by the  [director]  COMMISSIONER  of  the  [division]
   22  OFFICE  OF  CHILDREN  AND FAMILY SERVICES and shall be in the noncompet-
   23  itive class and designated as confidential  as  defined  by  subdivision
   24  two-a of section forty-two of the civil service law. The facility direc-
   25  tor  shall  have  two  years  experience  in appropriate titles in state
   26  government. Such facility director shall have such other  qualifications
   27  as  may  be  prescribed by the [director] COMMISSIONER of the [division]
   28  OFFICE OF CHILDREN AND FAMILY SERVICES, based on differences in  duties,
   29  levels of responsibility, size and character of the facility, knowledge,
   30  skills  and abilities required, and other factors affecting the position
   31  and shall serve at the pleasure of the [director]  COMMISSIONER  of  the
   32  [division]  OFFICE  OF  CHILDREN AND FAMILY SERVICES, EXCEPT AS PROVIDED
   33  FOR IN SUBDIVISION FOUR OF THIS SECTION.
   34    4. THE DIRECTOR OF THE MONROE COUNTY JUVENILE JUSTICE CENTER SHALL  BE
   35  APPOINTED BY THE MONROE COUNTY DIRECTOR OF SOCIAL SERVICES.
   36    S  5.  Article  19-G  of  the executive law is amended by adding a new
   37  title 2-A to read as follows:
   38                                  TITLE 2-A
   39                    MONROE COUNTY JUVENILE JUSTICE CENTER
   40  SECTION 509-A. MONROE COUNTY JUVENILE JUSTICE CENTER ESTABLISHED.
   41          509-B. DEFINITIONS.
   42          509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS.
   43          509-D. EQUAL EMPLOYMENT OPPORTUNITIES FOR  MINORITY  AND  WOMEN-
   44                   OWNED BUSINESS ENTERPRISES.
   45          509-E. PREVAILING WAGE REQUIREMENTS.
   46          509-F. JUVENILE  PROBATION  INVESTIGATION AND DIAGNOSTIC ASSESS-
   47                   MENT.
   48          509-G. SUBSTANCE AND ALCOHOL ABUSE TREATMENT OF JUVENILES.
   49          509-H. HEALTH SERVICES AND EDUCATION.
   50          509-I. EDUCATIONAL COMPONENTS OF THE JUVENILE JUSTICE CENTER.
   51          509-J. JUVENILE JUSTICE CENTER OVERSIGHT.
   52          509-K. STATE REIMBURSEMENT OF FUNDS.
   53    S 509-A. MONROE COUNTY JUVENILE  JUSTICE  CENTER  ESTABLISHED.  MONROE
   54  COUNTY  SHALL OPERATE AND MAINTAIN A LIMITED SECURE FACILITY TO BE KNOWN
   55  AS THE MONROE COUNTY JUVENILE JUSTICE CENTER, FOR THE PLACEMENT OF JUVE-
       A. 459                              3
    1  NILE DELINQUENTS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
    2  BY THE MONROE COUNTY FAMILY COURT.
    3    S  509-B. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING WORDS
    4  SHALL HAVE THE FOLLOWING MEANINGS:
    5    1. "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
    6    2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE  OF  CHIL-
    7  DREN AND FAMILY SERVICES.
    8    3.  "DIRECTOR"  SHALL  MEAN THE DIRECTOR OF THE MONROE COUNTY JUVENILE
    9  JUSTICE CENTER APPOINTED PURSUANT TO SUBDIVISION FOUR  OF  SECTION  FIVE
   10  HUNDRED FIVE OF THIS CHAPTER.
   11    S  509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS. THE JUVENILE JUSTICE
   12  CENTER ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED NINE-A OF THIS TITLE
   13  SHALL CONSIST OF THE FOLLOWING:
   14    1. NO MORE THAN SIXTY BEDS TO BE USED  FOR  JUVENILES  WHO  HAVE  BEEN
   15  PLACED IN THE JUVENILE JUSTICE CENTER; AND
   16    2.  NO  MORE  THAN  SEVENTY-FIVE BEDS TO BE USED FOR JUVENILES WHO ARE
   17  BEING DETAINED AT THE JUVENILE JUSTICE CENTER AND ARE AWAITING PLACEMENT
   18  OR ADJUDICATION.
   19    S 509-D. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY  AND  WOMEN-OWNED
   20  BUSINESS ENTERPRISES. 1. ALL CONTRACTS ENTERED INTO BY THE CENTER PURSU-
   21  ANT  TO  THIS TITLE OF WHATEVER NATURE AND ALL DOCUMENTS SOLICITING BIDS
   22  OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO  THE  FOLLOWING
   23  PROVISIONS:
   24    (A)  THE  CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
   25  CANTS FOR EMPLOYMENT BECAUSE OF RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,
   26  SEX,  AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
   27  EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE  THAT  MINORITY  GROUP
   28  PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
   29  SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
   30  MENT,  JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
   31  TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND  SELECTION
   32  FOR  TRAINING  AND  RETRAINING,  INCLUDING APPRENTICESHIP AND ON-THE-JOB
   33  TRAINING.
   34    (B) THE CONTRACTOR SHALL REQUEST EACH EMPLOYMENT AGENCY, LABOR  UNION,
   35  OR  AUTHORIZED  REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE
   36  BARGAINING OR OTHER AGREEMENT OR UNDERSTANDING AND WHICH IS INVOLVED  IN
   37  THE  PERFORMANCE  OF  THE  CONTRACT WITH THE CENTER TO FURNISH A WRITTEN
   38  STATEMENT THAT SUCH EMPLOYMENT AGENCY,  LABOR  UNION  OR  REPRESENTATIVE
   39  SHALL  NOT  DISCRIMINATE BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
   40  SEX, AGE, DISABILITY OR MARITAL STATUS AND THAT SUCH UNION OR  REPRESEN-
   41  TATIVE  WILL  COOPERATE  IN THE IMPLEMENTATION OF THE CONTRACTOR'S OBLI-
   42  GATIONS HEREUNDER.
   43    (C) THE CONTRACTOR SHALL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
   44  FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR IN  THE  PERFORM-
   45  ANCE  OF THE CONTRACT WITH THE CENTER THAT ALL QUALIFIED APPLICANTS WILL
   46  BE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION  BECAUSE
   47  OF  RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL
   48  STATUS.
   49    (D) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF THIS SUBDIVISION AND
   50  SUBDIVISIONS TWO AND THREE OF  THIS  SECTION  IN  EVERY  SUBCONTRACT  OR
   51  PURCHASE  ORDER  IN  SUCH  A MANNER THAT SUCH PROVISIONS WILL BE BINDING
   52  UPON EACH SUBCONTRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH  THE
   53  CONTRACT WITH THE CENTER.
   54    2.  THE  COUNTY SHALL ESTABLISH MEASURES, PROCEDURES AND GUIDELINES TO
   55  ENSURE THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE MEANINGFUL PROGRAMS
   56  TO EMPLOY AND PROMOTE QUALIFIED MINORITY GROUP MEMBERS AND  WOMEN.  SUCH
       A. 459                              4
    1  PROCEDURES   MAY  REQUIRE  AFTER  NOTICE  IN  A  BID  SOLICITATION,  THE
    2  SUBMISSION OF A MINORITY AND WOMEN WORKFORCE UTILIZATION  PROGRAM  PRIOR
    3  TO THE AWARD OF ANY CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY REQUIRE
    4  THE  SUBMISSION  OF  COMPLIANCE  REPORTS  RELATING  TO THE OPERATION AND
    5  IMPLEMENTATION OF ANY WORKFORCE UTILIZATION PROGRAM  ADOPTED  HEREUNDER.
    6  THE  COUNTY  SHALL TAKE APPROPRIATE ACTION, INCLUDING THE IMPOSITIONS OF
    7  SANCTIONS FOR  NON-COMPLIANCE  TO  EFFECTUATE  THE  PROVISIONS  OF  THIS
    8  SECTION  AND  SHALL  BE  RESPONSIBLE FOR MONITORING COMPLIANCE WITH THIS
    9  TITLE.
   10    3. IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE, MINORITY AND
   11  WOMEN-OWNED BUSINESS ENTERPRISES SHALL  BE  GIVEN  THE  OPPORTUNITY  FOR
   12  MEANINGFUL PARTICIPATION. THE COUNTY SHALL ESTABLISH QUANTIFIABLE STAND-
   13  ARDS  AND MEASURES AND PROCEDURES TO SECURE MEANINGFUL PARTICIPATION AND
   14  IDENTIFY THOSE CONTRACTS AND  ITEMS  OF  WORK  FOR  WHICH  MINORITY  AND
   15  WOMEN-OWNED  BUSINESS  ENTERPRISES MAY BEST BID TO ACTIVELY AND AFFIRMA-
   16  TIVELY PROMOTE AND ASSIST THEIR PARTICIPATION  IN  PROJECTS,  SO  AS  TO
   17  FACILITATE  THE  AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES;
   18  PROVIDED, HOWEVER, THAT NOTHING IN THIS  TITLE  SHALL  BE  CONSTRUED  TO
   19  LIMIT  THE  ABILITY  OF THE COUNTY TO ASSURE THAT QUALIFIED MINORITY AND
   20  WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE  IN  THE  PROGRAM.  FOR
   21  PURPOSES  HEREOF,  MINORITY  BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS
   22  ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,  OR  IN  THE
   23  CASE  OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE
   24  STOCK OR OTHER VOTING INTEREST IS OWNED BY CITIZENS OR  PERMANENT  RESI-
   25  DENT  ALIENS  WHO  ARE  BLACK, HISPANIC, ASIAN, AMERICAN INDIAN, PACIFIC
   26  ISLANDER, OR ALASKAN  NATIVE,  AND  SUCH  OWNERSHIP  INTEREST  IS  REAL,
   27  SUBSTANTIAL  AND  CONTINUING  AND  HAS  THE  AUTHORITY  TO INDEPENDENTLY
   28  CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
   29  YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS ENTER-
   30  PRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF
   31  A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK TO
   32  OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITIZENS OR PERMANENT  RESI-
   33  DENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTAN-
   34  TIAL  AND  CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY CONTROL THE
   35  DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
   36    THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT THE
   37  ABILITY OF ANY MINORITY BUSINESS ENTERPRISE TO BID ON ANY CONTRACT.
   38    4. IN ORDER TO IMPLEMENT  THE  REQUIREMENTS  AND  OBJECTIVES  OF  THIS
   39  SECTION,  THE  COUNTY  SHALL ESTABLISH PROCEDURES TO MONITOR CONTRACTORS
   40  COMPLIANCE WITH  PROVISIONS  HEREOF,  PROVIDE  ASSISTANCE  IN  OBTAINING
   41  COMPETING  QUALIFIED  MINORITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES TO
   42  PERFORM CONTRACTS PROPOSED TO BE AWARDED, IMPOSE  CONTRACTUAL  SANCTIONS
   43  FOR  NON-COMPLIANCE,  AND TAKE OTHER APPROPRIATE MEASURES TO IMPROVE THE
   44  ACCESS  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  TO  THESE
   45  CONTRACTS.
   46    S  509-E. PREVAILING WAGE REQUIREMENTS. IN THE CONSTRUCTION AND DEVEL-
   47  OPMENT OF THE CENTER, MONROE COUNTY MUST COMPLY WITH THE  PROVISIONS  OF
   48  ARTICLE EIGHT OF THE LABOR LAW.
   49    S  509-F.  JUVENILE PROBATION INVESTIGATION AND DIAGNOSTIC ASSESSMENT.
   50  FOR EVERY JUVENILE WHO IS DETAINED OR PLACED IN THE CENTER, A  PROBATION
   51  INVESTIGATION  AND  A  DIAGNOSTIC  ASSESSMENT SHALL BE PERFORMED ON SUCH
   52  JUVENILE. FOR THE PURPOSES OF THIS SECTION, THE PROBATION  INVESTIGATION
   53  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE HISTORY OF THE JUVENILE
   54  INCLUDING PREVIOUS CONDUCT, THE FAMILY SITUATION, ANY  PREVIOUS  PSYCHO-
   55  LOGICAL  AND  PSYCHIATRIC  REPORTS,  SCHOOL  HISTORY, SCHOOL ADJUSTMENT,
   56  PREVIOUS SOCIAL ASSISTANCE PROVIDED BY VOLUNTARY OR PUBLIC AGENCIES  AND
       A. 459                              5
    1  THE RESPONSE OF THE JUVENILE TO SUCH ASSISTANCE, AND ANY POSSIBLE HISTO-
    2  RY  OF  ALCOHOL,  SUBSTANCE  OR  SEXUAL  ABUSE. FOR THE PURPOSES OF THIS
    3  SECTION, THE DIAGNOSTIC ASSESSMENT SHALL INCLUDE, BUT NOT BE LIMITED TO,
    4  PSYCHOLOGICAL  TESTS  AND  PSYCHIATRIC  INTERVIEWS  TO  DETERMINE MENTAL
    5  CAPACITY AND ACHIEVEMENT, EMOTIONAL STABILITY AND  MENTAL  DISABILITIES.
    6  IT  SHALL  INCLUDE A CLINICAL ASSESSMENT OF THE SITUATIONAL FACTORS THAT
    7  MAY HAVE  CONTRIBUTED  TO  THE  ACT  OR  ACTS,  INCLUDING  ANY  ALCOHOL,
    8  SUBSTANCE OR SEXUAL ABUSE OF THE JUVENILE. WHEN FEASIBLE, EXPERT OPINION
    9  SHALL  BE RENDERED AS TO THE RISK PRESENTED BY THE JUVENILE TO OTHERS OR
   10  HIMSELF, WITH A RECOMMENDATION AS TO THE NEED FOR A  RESTRICTIVE  PLACE-
   11  MENT.
   12    S  509-G.  SUBSTANCE  AND  ALCOHOL  ABUSE TREATMENT OF JUVENILES.   1.
   13  SCREENING, EVALUATION AND TREATMENT  FOR  ALCOHOL,  CANNABIS  AND  OTHER
   14  SUBSTANCES.  THE CENTER SHALL CONTRACT WITH ONE OR MORE COMMUNITY-BASED,
   15  NOT-FOR-PROFIT  ALCOHOL  AND/OR  SUBSTANCE  ABUSE  TREATMENT   PROVIDERS
   16  LICENSED  BY  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
   17  SCREEN, EVALUATE,  DIAGNOSE,  TREAT  AND  PROVIDE  ALL  OTHER  NECESSARY
   18  SERVICES  TO  JUVENILES PLACED AT THE CENTER WHO USE, ARE EXPOSED TO, OR
   19  AT RISK FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES.  SCREEN-
   20  ING,  EVALUATION,  DIAGNOSIS, TREATMENT AND ALL OTHER NECESSARY SERVICES
   21  FOR ALCOHOL, CANNABIS AND OTHER SUBSTANCE USE, ABUSE OR  EXPOSURE  SHALL
   22  BE  PROVIDED  BY APPROPRIATE HEALTH PROFESSIONALS LICENSED, CERTIFIED OR
   23  CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES.
   24  THE  CENTER  SHALL GIVE PARTICULAR CONSIDERATION TO PROVIDERS OF ALCOHOL
   25  AND SUBSTANCE ABUSE TREATMENT SERVICES WHICH DEMONSTRATE THE ABILITY  TO
   26  PROVIDE  TREATMENT  SERVICES  THAT EFFECTIVELY REDUCE ADDICTION IN YOUNG
   27  PEOPLE.
   28    A. ALL JUVENILES SHALL BE SCREENED UPON PLACEMENT AT THE CENTER  USING
   29  A  PROTOCOL  APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   30  SERVICES TO IDENTIFY ANY USE OF, EXPOSURE  TO,  OR  RISK  FROM  ALCOHOL,
   31  CANNABIS  OR  OTHER  SUBSTANCES.  IF  A FAMILY COURT PROBATION REPORT OR
   32  DIAGNOSTIC ASSESSMENT PROVIDES ALL THE REQUIRED INFORMATION NECESSARY TO
   33  SCREEN A JUVENILE FOR ANY USE OF, EXPOSURE  TO  OR  RISK  FROM  ALCOHOL,
   34  CANNABIS OR OTHER SUBSTANCES, THE REPORT OR ASSESSMENT MAY BE ADOPTED IN
   35  LIEU OF SCREENING UNDER THIS SECTION.
   36    B.  A JUVENILE IDENTIFIED BY SCREENING, FAMILY COURT PROBATION REPORT,
   37  FAMILY COURT DIAGNOSTIC ASSESSMENT OR FAMILY COURT  ORDER  FOR  USE  OF,
   38  EXPOSURE  TO OR RISK FROM ALCOHOL, CANNABIS OR OTHER SUBSTANCES SHALL BE
   39  EVALUATED USING A PROTOCOL APPROVED BY  THE  OFFICE  OF  ALCOHOLISM  AND
   40  SUBSTANCE  ABUSE  SERVICES  TO ASSESS DEPENDENCE ON, USE OR ABUSE OF, OR
   41  IMPAIRMENT FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES. IF  A
   42  FAMILY  COURT PROBATION REPORT OR DIAGNOSTIC ASSESSMENT PROVIDES ALL THE
   43  REQUIRED INFORMATION NECESSARY TO EVALUATE A JUVENILE FOR DEPENDENCE ON,
   44  ABUSE OF, OR IMPAIRMENT FROM EXPOSURE  TO  ALCOHOL,  CANNABIS  OR  OTHER
   45  SUBSTANCES,  THE  REPORT  OR ASSESSMENT MAY BE ADOPTED IN LIEU OF EVALU-
   46  ATION UNDER THIS SECTION.
   47    C. THE CENTER SHALL PROVIDE TREATMENT AND OTHER SERVICES TO A JUVENILE
   48  (I) WHO IS DIAGNOSED WITH ALCOHOL, CANNABIS OR  OTHER  SUBSTANCE  ABUSE,
   49  ALCOHOL,  CANNABIS  OR  OTHER SUBSTANCE DEPENDENCE OR OTHER PSYCHOACTIVE
   50  SUBSTANCE USE DISORDER AND/OR (II) WHOSE EVALUATION IDENTIFIES  EVIDENCE
   51  OF  DEVELOPMENTAL  OR  FUNCTIONAL  IMPAIRMENT  IN ONE OR MORE MAJOR LIFE
   52  AREAS DUE TO A RELATIONSHIP WITH  A  SIGNIFICANT  OTHER  AS  DEFINED  IN
   53  SUBDIVISION NINETEEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW WHO USES,
   54  ABUSES OR DEPENDS ON ALCOHOL, CANNABIS OR OTHER SUBSTANCES.
   55    D.  THE REASONS FOR DENIAL OF TREATMENT OR SERVICES MUST BE DOCUMENTED
   56  IN A WRITTEN RECORD KEPT BY THE CENTER FOR A PERIOD OF TEN YEARS.
       A. 459                              6
    1    2. EDUCATION ABOUT ALCOHOL, CANNABIS AND OTHER SUBSTANCES. THE  CENTER
    2  SHALL  PROVIDE TO ALL JUVENILES PLACED AT THE CENTER EDUCATION AND OTHER
    3  PREVENTION SERVICES ABOUT THE  RISKS  OF  ALCOHOL  AND  SUBSTANCE  ABUSE
    4  INCLUDING  THE  RISKS  FOR  CHILDREN OF ALCOHOL AND/OR SUBSTANCE ABUSING
    5  PERSONS  AND  FOR OTHERS AT HIGH RISK FOR ALCOHOL AND/OR SUBSTANCE ABUSE
    6  PROBLEMS.
    7    S 509-H. HEALTH SERVICES AND EDUCATION. THE CENTER SHALL CONTRACT WITH
    8  A FAMILY PLANNING CLINIC LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE
    9  PUBLIC HEALTH LAW TO PROVIDE TO BOTH FEMALE AND MALE JUVENILES AS APPRO-
   10  PRIATE:
   11    1. PROMPT AND COMPREHENSIVE REPRODUCTIVE HEALTH SERVICES INCLUDING BUT
   12  NOT  LIMITED  TO  FAMILY PLANNING; SCREENING, DIAGNOSIS AND TREATMENT OF
   13  SEXUALLY TRANSMITTED DISEASES; SCREENING, DIAGNOSIS AND TREATMENT OF HIV
   14  AND AIDS; AND GYNECOLOGICAL AND OBSTETRICAL SERVICES; AND
   15    2. FAMILY LIFE EDUCATION PROGRAMS INCLUDING BUT NOT LIMITED  TO  HUMAN
   16  DEVELOPMENT,  SEXUALITY,  PHYSIOLOGY, REPRODUCTIVE HEALTH AND CONTRACEP-
   17  TION, SEXUALLY TRANSMITTED DISEASES AND HIV/AIDS, ABSTINENCE,  RELATION-
   18  SHIPS, ROLES AND PSYCHO-SEXUAL DEVELOPMENT.
   19    S  509-I.  EDUCATIONAL  COMPONENTS OF THE JUVENILE JUSTICE CENTER. THE
   20  CENTER MUST PROVIDE EVERY CHILD PLACED IN THE  CENTER  WITH  EDUCATIONAL
   21  SERVICES  IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR THOUSAND TWO
   22  OF THE EDUCATION LAW.
   23    S 509-J. JUVENILE JUSTICE CENTER OVERSIGHT. 1. THE OFFICE OF  CHILDREN
   24  AND  FAMILY  SERVICES  SHALL BE RESPONSIBLE FOR ENSURING THAT THE CENTER
   25  MEETS ALL THE NECESSARY REQUIREMENTS INCLUDING, BUT NOT LIMITED TO,  THE
   26  EDUCATIONAL  SERVICES  REQUIRED  BY  SECTION FIVE HUNDRED NINE-I OF THIS
   27  TITLE AND THE TREATMENT REQUIREMENTS PURSUANT TO  SECTION  FIVE  HUNDRED
   28  NINE-G OF THIS TITLE.
   29    2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
   30  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
   31  ONE YEAR AFTER THE OPENING OF THE CENTER,  AND  EVERY  YEAR  THEREAFTER.
   32  SUCH REPORT SHALL INCLUDE AT LEAST THE FOLLOWING:
   33    A.  STATISTICAL  DATA REGARDING THE NUMBER OF CHILDREN DETAINED AND/OR
   34  PLACED AT THE CENTER THROUGHOUT THE YEAR;
   35    B. AN ANALYSIS OF THE ALCOHOL AND SUBSTANCE ABUSE  TREATMENT  PROGRAMS
   36  OFFERED  BY  THE  CENTER,  AND  A  SUMMARY  OF THE EFFECTIVENESS OF SUCH
   37  PROGRAMS ON AFFECTED CHILDREN;
   38    C. AN ANALYSIS OF THE EDUCATIONAL SERVICES  PROVIDED  BY  THE  CENTER,
   39  INCLUDING  STATISTICAL  DATA  REGARDING  THE NUMBER OF CHILDREN WHO EARN
   40  HIGH SCHOOL OR GENERAL EQUIVALENCY DIPLOMAS; AND
   41    D. INFORMATION PERTAINING TO THE AFTERCARE PROGRAM AND  THE  PLACEMENT
   42  OF CHILDREN INTO THE WORKFORCE.
   43    3.  THE  COMMISSIONER  SHALL  EVALUATE  THE  CENTER ANNUALLY AFTER THE
   44  CENTER HAS OPENED. THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL
   45  CONDUCT  TWO  VISITS  ANNUALLY: ONE OF WHICH SHALL BE ANNOUNCED, AND ONE
   46  UNANNOUNCED TO ENSURE FULL COMPLIANCE WITH STATE LAW, AND TO MONITOR AND
   47  COMMENT ON THE GENERAL HEALTH AND WELL BEING OF THE YOUTH AT THE FACILI-
   48  TY.  THE COMMISSIONER IS HEREBY AUTHORIZED  TO  TERMINATE  THE  CENTER'S
   49  OPERATION  IF  HE  OR SHE DETERMINES THAT IT IS IN THE BEST INTERESTS OF
   50  THE STATE, THE COUNTY, AND THE CHILDREN WHO ARE PLACED WITHIN THE CENTER
   51  TO DO SO.
   52    S 509-K. STATE REIMBURSEMENT OF FUNDS. SUBJECT TO  APPROPRIATION,  THE
   53  STATE SHALL REIMBURSE MONROE COUNTY FOR FIFTY PERCENT OF THE COSTS ASSO-
   54  CIATED WITH CONSTRUCTION, IMPLEMENTATION AND MAINTENANCE OF THE CENTER.
   55    S  6. Section 522 of the executive law, as added by chapter 552 of the
   56  laws of 1993, is amended to read as follows:
       A. 459                              7
    1    S 522. Actions against persons rendering health care services  at  the
    2  request  of  the  [division]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES;
    3  defense and indemnification. The provisions of section seventeen of  the
    4  public officers law shall apply to any person holding a license to prac-
    5  tice  a  profession  pursuant  to  article  one  hundred thirty-one, one
    6  hundred thirty-one-B, one hundred thirty-two, one hundred  thirty-three,
    7  one  hundred  thirty-six,  one hundred thirty-seven, one hundred thirty-
    8  nine, one  hundred  forty-one,  one  hundred  forty-three,  one  hundred
    9  fifty-six or one hundred fifty-nine of the education law, who is render-
   10  ing  or has rendered professional services authorized under such license
   11  while acting at the request of the [division]  OFFICE  OF  CHILDREN  AND
   12  FAMILY  SERVICES  or a facility of the [division] OFFICE OF CHILDREN AND
   13  FAMILY SERVICES OR AT THE  MONROE  COUNTY  JUVENILE  JUSTICE  CENTER  in
   14  providing  health  care  and  treatment  or professional consultation to
   15  residents of [division] OFFICE OF CHILDREN AND FAMILY  SERVICES  facili-
   16  ties,  or  to  infants  of residents while such infants are cared for in
   17  [division] OFFICE OF CHILDREN AND FAMILY SERVICES facilities OR  AT  THE
   18  MONROE  COUNTY  JUVENILE JUSTICE CENTER pursuant to section five hundred
   19  sixteen of this [article]  SUBTITLE,  without  regard  to  whether  such
   20  health care and treatment or professional consultation is provided with-
   21  in  or  without  [a  division] AN OFFICE OF CHILDREN AND FAMILY SERVICES
   22  facility.
   23    S 7. The executive law is amended by adding a  new  section  522-a  to
   24  read as follows:
   25    S 522-A. TRAINING,  EDUCATION AND AFTERCARE MODEL PROGRAM. 1.  FOR THE
   26  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
   27  MEANINGS:
   28    (A)  "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHIL-
   29  DREN AND FAMILY SERVICES.
   30    (B) "PROGRAM" SHALL MEAN THE "TRAINING, EDUCATION AND AFTERCARE  MODEL
   31  (TEAM) PROGRAM" AUTHORIZED BY SUBDIVISION TWO OF THIS SECTION.
   32    (C) "JUVENILE DELINQUENT" SHALL MEAN A PERSON OVER SEVEN AND LESS THAN
   33  SIXTEEN YEARS OF AGE, WHO, HAVING COMMITTED AN ACT THAT WOULD CONSTITUTE
   34  A  CRIME IF COMMITTED BY AN ADULT, (I) IS NOT CRIMINALLY RESPONSIBLE FOR
   35  SUCH CONDUCT BY REASON OF INFANCY, OR (II) IS THE DEFENDANT IN AN ACTION
   36  ORDERED REMOVED FROM A CRIMINAL COURT TO THE FAMILY  COURT  PURSUANT  TO
   37  ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   38    (D)  "CONTRACTOR" SHALL MEAN NOT-FOR-PROFIT OR FOR-PROFIT PROVIDERS OF
   39  ENHANCED INTERVENTIONS FOR JUVENILE DELINQUENTS  IN  THE  MONROE  COUNTY
   40  JUVENILE JUSTICE CENTER.
   41    (E) "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
   42    2.  (A)  MONROE COUNTY IS HEREBY AUTHORIZED TO ESTABLISH THE TRAINING,
   43  EDUCATION AND AFTERCARE MODEL (TEAM) PROGRAM IN THE MONROE COUNTY  JUVE-
   44  NILE  JUSTICE  CENTER  TO  REDUCE JUVENILE DELINQUENT RECIDIVISM.   SUCH
   45  PROGRAM SHALL BE OUTCOME-DRIVEN  AND  USE  RECOGNIZED  TREATMENT  MODELS
   46  WHICH  HAVE  BEEN  EFFECTIVE  IN  SERVING AND PLACING AT-RISK YOUTH WITH
   47  MULTIPLE BARRIERS TO EMPLOYMENT.
   48    (B) TO ACCOMPLISH THE PROGRAM OBJECTIVES  OF  PARAGRAPH  (A)  OF  THIS
   49  SUBDIVISION,  TECHNICAL ASSISTANCE SHALL BE PROVIDED TO CENTER STAFF AND
   50  AFTERCARE COUNSELORS TO ACHIEVE THE PROGRAM  IMPROVEMENTS  DESCRIBED  IN
   51  PARAGRAPH  (C)  OF THIS SUBDIVISION.   MONROE COUNTY MAY USE CONTRACTORS
   52  WHO HAVE DEMONSTRATED EFFECTIVENESS IN SERVING AND PLACING AT-RISK YOUTH
   53  WITH MULTIPLE BARRIERS TO EMPLOYMENT TO PROVIDE SUCH  TECHNICAL  ASSIST-
   54  ANCE, SUBJECT TO A REQUEST FOR PROPOSAL.
   55    (C)  THE  PROGRAM  IMPROVEMENTS SOUGHT SHALL INCLUDE THE FOLLOWING KEY
   56  COMPONENTS:
       A. 459                              8
    1    (I)  AFTERCARE  AND  FOLLOW-UP  SERVICES.    FULL-TIME  AFTERCARE  AND
    2  FOLLOW-UP  SERVICES  SHALL  BE  PROVIDED FOR THE DURATION OF THE CHILD'S
    3  ASSIGNED AFTERCARE AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  ENHANCED
    4  PROCEDURES FOR ENSURING FREQUENT CONTACTS AT EACH PHASE OF AFTERCARE; AN
    5  AUTOMATED  CASE MANAGEMENT SYSTEM; AND THE IMPLEMENTATION OF PERFORMANCE
    6  MEASURES, AS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION. THE TYPES OF
    7  AFTERCARE SERVICES PROVIDED SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  JOB
    8  SEARCH  ASSISTANCE  AND  PLACEMENT;  JOB  COUNSELING; INDEPENDENT LIVING
    9  PLACEMENT AND ASSISTANCE; MENTORING; FAMILY COUNSELING AND  SUPPORT  FOR
   10  CUSTODIAL  AND  NON-CUSTODIAL PARENTS; SECURING A SCHOOL PLACEMENT PRIOR
   11  TO RELEASE FROM A FACILITY; AND WHERE APPLICABLE, OUTREACH, REFERRAL AND
   12  ASSISTANCE IN ENROLLING IN THE MILITARY OR ROTC PROGRAMS.
   13    (II) YOUTH SERVICE PLANS.  REVISED PROCEDURES SHALL BE ESTABLISHED FOR
   14  DEVELOPING YOUTH SERVICE PLANS TO SET GOALS AND IDENTIFY SERVICES NECES-
   15  SARY FOR POST-RELEASE SUCCESS.    JUVENILE  DELINQUENTS  PLACED  IN  THE
   16  MONROE  COUNTY JUVENILE JUSTICE CENTER SHALL HAVE EACH INTAKE ASSESSMENT
   17  REVIEWED AND EXPANDED TO INCLUDE SUCH PLAN WITHIN THIRTY DAYS OF ASSIGN-
   18  MENT TO SUCH CENTER.  SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION  WITH
   19  EXISTING TRAINING AND AFTERCARE STAFF TO ENSURE APPROPRIATE PLACEMENT IN
   20  EDUCATION  AND  ALL TRAINING-RELATED SERVICES, IN ADDITION TO ALCOHOL OR
   21  SUBSTANCE ABUSE, MENTAL HEALTH, OR OTHER SERVICES  DEEMED  NECESSARY  IN
   22  THE  ASSESSMENT  AND  AS  A PART OF ENSURING SUCCESSFUL INTERVENTION AND
   23  POST-RELEASE SUCCESS.   THE PLAN SHALL  BE  AMENDED  AS  APPROPRIATE  TO
   24  REFLECT CHANGING SERVICE NEEDS.
   25    (III)  EDUCATION SERVICES.   TECHNICAL ASSISTANCE SHALL BE PROVIDED ON
   26  THE USE OF NON-TRADITIONAL OPEN ENTRY AND  SELF-PACED  EDUCATION  MODELS
   27  SUCH  AS,  COMPUTER-ASSISTED INSTRUCTION. SUCH ASSISTANCE SHALL BE INTE-
   28  GRATED WITH WORK-BASED TRAINING.
   29    (IV) TRAINING SERVICES. TECHNICAL  ASSISTANCE  SHALL  BE  PROVIDED  TO
   30  ENHANCE  THE  FOLLOWING TYPES OF EMPLOYABILITY AND SOCIALIZATION SKILLS:
   31  OCCUPATIONAL TRAINING PROGRAMS, CONFLICT  RESOLUTION,  BEHAVIOR  MANAGE-
   32  MENT,  TEAM WORK, DISCIPLINE TRAINING, JOB SEARCH AND INTERVIEWING TECH-
   33  NIQUES, INDEPENDENT LIVING SKILLS, AND SUBSTANCE ABUSE COUNSELING.
   34    3. SUCH TECHNICAL ASSISTANCE PROVIDED SHALL INCLUDE:
   35    (A) ADVICE AND ASSISTANCE TO EXISTING CENTER STAFF IN IMPROVING EDUCA-
   36  TION AND TRAINING RELATED INTERVENTIONS, AS DESCRIBED  IN  SUBPARAGRAPHS
   37  (III)  AND  (IV)  OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION TO
   38  SUPPORT SUCCESSFUL AFTERCARE AND REINTEGRATION OF YOUTH INTO THE  COMMU-
   39  NITY;
   40    (B)  ASSISTANCE TO CENTER STAFF AND AFTERCARE COUNSELORS IN COORDINAT-
   41  ING WITH OTHER SERVICES AND ACCESSING OTHER  FUNDS  TO  ENSURE  JUVENILE
   42  DELINQUENTS  ARE  PLACED IN ANY FULL-TIME COMBINATION OF SCHOOL, EMPLOY-
   43  MENT IN UNSUBSIDIZED OR SUPPORTED WORK, OR FURTHER  TRAINING  ACTIVITIES
   44  WITHIN ONE WEEK OF RELEASE;
   45    (C)  A  REVIEW OF TRAINING PROGRAMS, AS DESCRIBED IN SUBPARAGRAPH (IV)
   46  OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, ALONG WITH AN ANAL-
   47  YSIS OF RELATED PROGRAMS THAT SERVE AT-RISK YOUTH  TO  UPGRADE  EXISTING
   48  TRAINING  PROGRAMS  AND TO ENSURE THE USE OF STATE-OF-THE-ART EQUIPMENT,
   49  INTEGRATION WITH BASIC SKILLS INSTRUCTION, AND A LABOR MARKET DEMAND FOR
   50  THE JOB TRAINING PROVIDED; AND
   51    (D)  THE  DEVELOPMENT  OF  PROCEDURES  TO  ENSURE  THAT  THE  OUTCOMES
   52  DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION ARE ESTABLISHED, MEASURED,
   53  AND CONTINUALLY MONITORED FOR EACH JUVENILE DELINQUENT.
   54    4.  THE  PROGRAM  SHALL  BE  EVALUATED  ON  ACHIEVEMENT OF PERFORMANCE
   55  OUTCOMES AND PROGRAM EFFECTIVENESS. THE EVALUATION SHALL BE CONDUCTED BY
   56  A RESEARCH INSTITUTE WITHIN THE GREATER MONROE COUNTY AREA  WITH  ESTAB-
       A. 459                              9
    1  LISHED  EXPERTISE  IN JUVENILE JUSTICE PROGRAMS AND PRACTICES. A CONTROL
    2  SITE SHALL BE ESTABLISHED TO MEASURE  SIMILAR  OUTCOMES  IN  A  FACILITY
    3  OFFERING  TRADITIONAL SERVICES. THE EVALUATION SHALL BE BASED UPON JUVE-
    4  NILE DELINQUENT OUTCOMES AND THE PROGRAM'S PERFORMANCE.
    5    (A)  OUTCOMES  SHALL  BE  ESTABLISHED  TO MEASURE PERFORMANCE FOR EACH
    6  JUVENILE DELINQUENT AT A MINIMUM OF TWO INTERVALS--UPON RELEASE  AND  AT
    7  LEAST  TWELVE MONTHS AFTER RELEASE. SUCH OUTCOMES MAY INCLUDE BEHAVIORAL
    8  INCENTIVES AND SHALL MEASURE:
    9    (I) EDUCATION AND TRAINING GAINS WHILE INCARCERATED  AND  THE  INITIAL
   10  PLACEMENT AND WAGE RATE UPON RELEASE; AND
   11    (II) RECIDIVISM RATES, EMPLOYMENT STATUS, AND WAGE LEVELS AT LEAST ONE
   12  YEAR AFTER RELEASE.
   13    (B)  THE  PROGRAM  SHALL  BE  EVALUATED ON THE SUCCESS OF THE JUVENILE
   14  DELINQUENTS BASED ON THE FOLLOWING MEASURES:
   15    (I) JOB PLACEMENT AND TWELVE MONTH RETENTION RATES  FOR  PARTICIPANTS,
   16  REGARDLESS OF WHETHER EMPLOYMENT HAS BEEN WITH ONE OR MORE EMPLOYERS;
   17    (II)  WAGE  RATES  AT PLACEMENT AND TWELVE MONTHS AFTER INITIAL PLACE-
   18  MENT;
   19    (III) LEARNING GAINS BASED ON PRE- AND POST-TESTING;
   20    (IV) OBTAINING A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT OR RETURNING TO
   21  SCHOOL; AND
   22    (V) RECIDIVISM RATES AT SELECTED INTERVALS AFTER RELEASE.
   23    5. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND EACH JANU-
   24  ARY FIRST THEREAFTER, THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL
   25  PREPARE  AND  SUBMIT  A  REPORT INCORPORATING THE EVALUATION REQUIRED BY
   26  SUBDIVISION FOUR OF THIS SECTION.  THE REPORT SHALL FOCUS ON THE CENTER,
   27  THE NUMBER  OF  JUVENILE  DELINQUENTS  SERVED,  DEMOGRAPHIC  DATA  ABOUT
   28  PARTICIPATING  DELINQUENTS, INCLUDING BUT NOT LIMITED TO, RACE, ETHNICI-
   29  TY, LANGUAGE SPOKEN AT HOME, FAMILY INCOME GROUP AND INFORMATION ON  ANY
   30  SIBLING  INVOLVEMENT  WITH  FAMILY COURT, AND THE RESULTS OF THE PROGRAM
   31  OUTCOMES REQUIRED BY SUBDIVISION FOUR OF THIS SECTION.  THE REPORT SHALL
   32  BE SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER  OF
   33  THE  ASSEMBLY  AND  THE  CHAIRS  OF THE SENATE AND ASSEMBLY CHILDREN AND
   34  FAMILIES COMMITTEES, THE ASSEMBLY  WAYS  AND  MEANS  COMMITTEE  AND  THE
   35  SENATE FINANCE COMMITTEE.
   36    S  8.  Subdivision  1 of section 529 of the executive law, as added by
   37  chapter 906 of the laws of 1973, paragraph (c) as amended and  paragraph
   38  (d)  as  added by chapter 881 of the laws of 1976, is amended to read as
   39  follows:
   40    1. Definitions. [As] EXCEPT AS PROVIDED FOR IN  SECTION  FIVE  HUNDRED
   41  THIRTY-A OF THIS TITLE, AS used in this section:
   42    (a) "authorized agency", "certified boarding home", "local charge" and
   43  "state  charge"  shall  have  the  meaning ascribed to such terms by the
   44  social services law;
   45    (b) "aftercare supervision" shall  mean  supervision  of  released  or
   46  discharged youth, not in foster care; [and,]
   47    (c)  "foster care" shall mean residential care, maintenance and super-
   48  vision provided released or discharged youth, or youth otherwise in  the
   49  custody  of  the  [division  for  youth]  OFFICE  OF CHILDREN AND FAMILY
   50  SERVICES, in [a division] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
   51  foster family home certified by [the division.] SUCH OFFICE; AND
   52    (d)  "[division]  OFFICE OF CHILDREN AND FAMILY SERVICES foster family
   53  home" means a service program provided in a home  setting  available  to
   54  youth under the jurisdiction of the [division for youth] OFFICE OF CHIL-
   55  DREN AND FAMILY SERVICES.
       A. 459                             10
    1    S  9. Subdivision 1 of section 530 of the executive law, as amended by
    2  section 4 of subpart B of part Q of chapter 58 of the laws of  2011,  is
    3  amended to read as follows:
    4    1.  Definitions.  [As]  EXCEPT AS PROVIDED FOR IN SECTION FIVE HUNDRED
    5  THIRTY-A OF THIS TITLE, AS used in this section, the term "municipality"
    6  shall mean a county, or a city having a population  of  one  million  or
    7  more.
    8    S  10.  The  executive law is amended by adding a new section 530-a to
    9  read as follows:
   10    S 530-A. REIMBURSEMENT FOR DETENTION, PLACEMENT AND  AFTERCARE  SUPER-
   11  VISION AT THE MONROE COUNTY JUVENILE JUSTICE CENTER. 1.  DEFINITIONS. AS
   12  USED  IN THIS SECTION, THE TERMS "LOCAL CHARGE" AND "STATE CHARGE" SHALL
   13  HAVE THE SAME MEANING ASCRIBED TO THEM IN THE SOCIAL SERVICES LAW.
   14    2. EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS IN  PROVIDING  CARE,
   15  MAINTENANCE  AND SUPERVISION TO YOUTH IN DETENTION FACILITIES DESIGNATED
   16  PURSUANT TO SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF  THE  FAMILY
   17  COURT  ACT  AND CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
   18  SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE  UPON  APPROVAL  BY  SUCH
   19  OFFICE IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
   20    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
   21  SUPERVISION OF STATE CHARGES;
   22    (B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
   23  SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
   24  SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
   25    3.  EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT IN
   26  PROVIDING CARE, MAINTENANCE AND  SUPERVISION  TO  YOUTH  PLACED  IN  THE
   27  MONROE  COUNTY JUVENILE JUSTICE CENTER SHALL BE SUBJECT TO REIMBURSEMENT
   28  BY THE STATE UPON APPROVAL BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
   29  IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
   30    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
   31  SUPERVISION OF STATE CHARGES;
   32    (B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
   33  SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
   34  SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
   35    4. EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT FOR
   36  AFTERCARE SUPERVISION AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE  OF
   37  SECTION  FIVE  HUNDRED TWENTY-NINE OF THIS TITLE PROVIDED TO ADJUDICATED
   38  JUVENILE DELINQUENTS BY THE MONROE COUNTY JUVENILE JUSTICE CENTER  SHALL
   39  BE  SUBJECT TO REIMBURSEMENT BY THE STATE UPON APPROVAL BY THE OFFICE OF
   40  CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUCH OFFICE'S RULES  AND
   41  REGULATIONS, AS FOLLOWS:
   42    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR AFTERCARE SUPERVISION
   43  OF STATE CHARGES; AND
   44    (B)  FIFTY  PERCENT  OF  THE  AMOUNT  EXPENDED  BY  THE  DISTRICT  FOR
   45  AFTER-CARE SUPERVISION OF LOCAL CHARGES.
   46    S 11. This act shall take effect immediately and shall expire  and  be
   47  deemed  repealed  4  years  after  the  initial admittance of a child to
   48  detention or placement; provided that Monroe  county  shall  notify  the
   49  legislative  bill drafting commission of the date of such initial place-
   50  ment in order that the commission may maintain an  accurate  and  timely
   51  effective data base of the official text of the laws of the state of New
   52  York  in  furtherance  of  effecting the provisions of section 44 of the
   53  legislative law and section 70-b of the public officers law.