S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2625--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  FARLEY,  GALLIVAN,  GOLDEN,
         LARKIN, LIBOUS, MARCHIONE, MAZIARZ, NOZZOLIO, RANZENHOFER,  SEWARD  --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Children and Families -- recommitted to the Committee
         on Children and Families in accordance with Senate Rule 6, sec.  8  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the executive law, the family court  act,  the  criminal
         procedure  law and the judiciary law, in relation to enacting "Renee's
         law"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  "Renee's law".
    3    S 2. Legislative findings  and  declaration.  The  legislature  hereby
    4  finds  and  declares  that  it  is a fundamental purpose of this state's
    5  juvenile justice system to provide a safe environment for both the resi-
    6  dents and the staff of programs licensed, certified  and  registered  by
    7  the  office  of  children  and  family services. The legislature further
    8  finds that a safe environment is ensured by providing staff of  programs
    9  licensed, certified and registered by such office with adequate training
   10  and  that  this function is a primary responsibility of the commissioner
   11  of children and family services to ensure. Ensuring the  safety  of  the
   12  communities into which the youth are placed is paramount, requiring that
   13  a youth be placed in appropriate locations to avoid preventable tragedy.
   14  The  legislature finds that residents of programs and agencies licensed,
   15  certified and registered by the office of children and  family  services
   16  are  committing  serious  crimes  within  such  programs, and that these
   17  crimes are not being reported to the proper authorities. The  provisions
   18  of  this act provide a critical framework to improve and maintain safety
   19  within such licensed,  certified  and  registered  programs,  non-profit
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07087-03-4
       S. 2625--A                          2
    1  community  based  programs and communities throughout the state allowing
    2  youths under the office of children and  family  services'  jurisdiction
    3  the  ability to be rehabilitated and receive skills necessary to inhibit
    4  recidivism.
    5    S  3.  Section  501  of the executive law is amended by adding two new
    6  subdivisions 7-a and 12-a to read as follows:
    7    7-A. TO PROVIDE FOR THE DISSEMINATION OF  RECORDS,  FILES  AND  PAPERS
    8  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION FIVE HUNDRED ONE-C OF THIS
    9  TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX
   10  OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
   11  720.35  OF  THE  CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION
   12  TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW.
   13    12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A  COURSE  OF
   14  TRAINING  TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE
   15  FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION  OR
   16  GUIDANCE  OF  CHILDREN  IN  FACILITIES  IN  WHICH CHILDREN ARE PLACED OR
   17  COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION-
   18  ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS  FOR  PREEMPLOYMENT  TRAINING
   19  AND  IN  SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL
   20  INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN-
   21  TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND  SECU-
   22  RITY  PROCEDURES;  THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS-
   23  ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD  MANAGEMENT;
   24  GANG  AWARENESS;  ABSENT  WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION;
   25  AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN
   26  FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER  SHALL  ENSURE  THAT  ALL
   27  TRAINING  CONDUCTED  PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND
   28  EVALUATED AND UPDATED ON AN ANNUAL BASIS.   THE FAILURE TO  PROVIDE  THE
   29  TRAINING  REQUIRED  BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY
   30  FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI-
   31  LY SERVICES FROM OFFICE.
   32    S 4. Section 501-c of the executive law is amended  by  adding  a  new
   33  subdivision 3 to read as follows:
   34    3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   35  THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED  TO,  UNUSUAL  INCIDENT
   36  REPORTS,   MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITY  REPORTS,  AND
   37  PROGRESS REPORTS, OF EACH  JUVENILE  DELINQUENT,  JUVENILE  OFFENDER  OR
   38  YOUTHFUL  OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE
   39  OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE:
   40    (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
   41  ATED  BY  SUCH  OFFICE  OR  NOT,  IN WHICH THE DELINQUENT OR OFFENDER IS
   42  PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR  EMPLOYEE  IS  RESPONSIBLE
   43  FOR  THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR
   44  GUIDANCE OF THE AFFECTED YOUTH;
   45    (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER  ENGAGES  IN  CONDUCT  OR
   46  COMMITS  AN  ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW
   47  IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,
   48  TO  THE  COURT,  THE  PRESENTMENT  AGENCY  OR DISTRICT ATTORNEY, AND THE
   49  ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES  AGAINST  THE
   50  YOUTH RELATING TO SUCH CRIME; AND
   51    (C)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN-
   52  DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY
   53  SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS.
   54    S  5.  The  executive  law is amended by adding a new section 501-i to
   55  read as follows:
       S. 2625--A                          3
    1    S 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1.   PLACE-
    2  MENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH
    3  COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK  ASSESSMENT
    4  VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.  PROVIDED, THAT
    5  NO  YOUTH  CONVICTED  OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED
    6  FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C  RULE  VIOLATIONS
    7  WHILE  IN  CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE
    8  VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE  AUTHORIZED  TO  BE
    9  PLACED  IN  ANY  PROGRAM  OR FACILITY THAT IS NOT DESIGNATED AS A SECURE
   10  FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK  LEVEL  OF  III  SHALL  BE
   11  PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF
   12  CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY.
   13    2.  MOVEMENT  TO  LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY
   14  YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE  CONDUCTED
   15  FOR  SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED
   16  WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A  RISK
   17  ASSESSMENT  OF  A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH
   18  YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF  SUBDI-
   19  VISION SIX OF THIS SECTION.
   20    3.  RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES,
   21  OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH
   22  YOUTH COMMITTED TO THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
   23  SERVICES.  THE  RISK  ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY
   24  ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO  HIS  OR  HER
   25  PRIOR  OFFENSE  HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING
   26  FACTORS.
   27    (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY:
   28    (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND
   29    (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE.
   30    (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY:
   31    (I) THE NUMBER OF OPEN OR PRIOR  JUVENILE  DELINQUENCY  DETERMINATIONS
   32  WITHIN  THE  PREVIOUS  THREE  YEARS:  ONE  POINT PER OFFENSE, BUT NOT TO
   33  EXCEED THREE POINTS;
   34    (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE  COUNTY  ATTOR-
   35  NEY:  ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   36    (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS;
   37    (IV)  A  PENDING  FAMILY  COURT  MISDEMEANOR  OFFENSE:  ONE  POINT PER
   38  OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   39    (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE  YEARS:  FIVE
   40  POINTS;
   41    (VI)  TWO  OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE
   42  YEARS: THREE POINTS; AND
   43    (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE  PREVIOUS  THREE  YEARS:
   44  ONE POINT.
   45    (C) MITIGATING FACTOR SHALL BE DETERMINED BY:
   46    (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT;
   47    (II)  NOT  BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING
   48  WITHIN THE PREVIOUS THREE YEARS: ONE POINT;
   49    (III)  CURRENTLY  ACTIVELY  COOPERATING  IN  COUNSELING,   PREVENTION,
   50  SERVICES OR A PROGRAM: ONE POINT.
   51    4.  DEFINITIONS. AS USED IN THIS ARTICLE:
   52    (A)  "DESIGNATED  FELONY"  SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING
   53  FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN
   54  THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE
   55  SECOND DEGREE, KIDNAPPING IN  THE  FIRST  DEGREE,  ARSON  IN  THE  FIRST
   56  DEGREE,  ASSAULT  IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE,
       S. 2625--A                          4
    1  ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN
    2  THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE  IN
    3  THE  FIRST  DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN
    4  THE FIRST DEGREE.
    5    (B)  "DESIGNATED  RISK  LEVEL"  SHALL MEAN AN ASSESSMENT OF EACH YOUTH
    6  COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
    7  IN  WHICH,  IN  LIGHT  OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF
    8  OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN  THE  CARE
    9  AND  CUSTODY  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY
   10  PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE,  AND  PREVIOUS
   11  CRIMINAL  AND  JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER-
   12  MINED TO PRESENT A LOW, MODERATE OR  HIGH  RISK  OF  COMMITTING  ANOTHER
   13  CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF
   14  COMMITTED  BY  AN  ADULT,  OR POSES A THREAT TO THE SAFETY OF HIMSELF OR
   15  HERSELF OR OTHERS.
   16    (I) "RISK LEVEL I" MEANS A YOUTH  HAS  A  LOW  RISK  OF  REPEATING  OR
   17  COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO
   18  PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A
   19  RISK FACTOR OF THREE POINTS OR LESS.
   20    (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR
   21  COMMITTING  ADDITIONAL  OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE
   22  THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL  OF  II
   23  SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS.
   24    (III)  "RISK  LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR
   25  COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR  POSES  A  SERIOUS
   26  THREAT  TO  PUBLIC  SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III
   27  SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS.
   28    (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH  IS  CONSPICUOUSLY  OFFEN-
   29  SIVE, INTENTIONAL OR BLATANT.
   30    (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN-
   31  TIONALLY REPETITIVE.
   32    5.  RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN
   33  HE OR SHE:
   34    (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN  ACCESSORY  TO  AN  ESCAPE
   35  ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY;
   36    (II)  WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH-
   37  OUT LEAVE;
   38    (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE;
   39    (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING  OR  SELF
   40  DEFENSE TECHNIQUES;
   41    (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION;
   42    (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES;
   43    (VII)  MAKES  ANY  THREAT  VERBALLY,  IN  WRITING OR BY GESTURE TO ANY
   44  PERSON;
   45    (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS,
   46  VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT;
   47    (IX) MAKES, USES, POSSESSES, SELLS  OR  EXCHANGES,  OR  IS  UNDER  THE
   48  INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT;
   49    (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU-
   50  ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE;
   51    (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
   52  TION;
   53    (XII)  SELLS  OUTDATED  OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
   54  TION;
       S. 2625--A                          5
    1    (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT  OTHERS  TO  SMUGGLE
    2  ANY  ITEM  INTO  OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR
    3  PROGRAM AREA TO ANOTHER;
    4    (XIV)  ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE SECURE
    5  AND ORDERLY OPERATION OF THE FACILITY;
    6    (XV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH  MAY  RESULT  IN  INJURY  TO
    7  STAFF OR RESIDENTS;
    8    (XVI)  ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
    9  INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY;
   10    (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
   11  MAY RESULT IN INJURY TO STAFF OR RESIDENTS;
   12    (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA;
   13    (XIX) THROWS URINE OR FECES OR SANITARY ITEMS;
   14    (XX) FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM  COUNT
   15  PROCEDURES;
   16    (XXI)  MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE MUTILA-
   17  TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR
   18    (XXII) ENGAGES IN A PERSISTENT PATTERN OF  INFRACTIONS  AND  FAILS  TO
   19  RESPOND  TO  SANCTIONS  PREVIOUSLY IMPOSED BY AN INDIVIDUAL CHARGED WITH
   20  SUCH YOUTH'S CARE OR CUSTODY.
   21    (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE:
   22    (I) COMMITS OR ATTEMPTS TO COMMIT ANY OFFENSE  DEFINED  IN  THE  PENAL
   23  LAW;
   24    (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION;
   25    (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION;
   26    (IV)  POSSESSES  AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE USED TO
   27  MAKE AN EXPLOSIVE DEVICE;
   28    (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT,
   29  A STAFF MEMBER OR ANY OTHER PERSON;
   30    (VI) ENGAGES IN FIGHTING;
   31    (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN
   32  THE TAKEOVER OF ANY AREA OF A FACILITY  OR  PROGRAM,  OR,  ACTING  IN  A
   33  GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF
   34  VIOLENCE;
   35    (VIII)  ENGAGES  WITH  OTHERS  IN  ANY  VIOLENT  CONDUCT  OR THREAT OF
   36  VIOLENCE;
   37    (IX) LEADS, ORGANIZES OR  URGES  OTHER  RESIDENTS  TO  PARTICIPATE  IN
   38  ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM;
   39    (X)  ENGAGES  IN OR ENCOURAGES OTHERS TO ENGAGE IN UNAUTHORIZED ORGAN-
   40  IZATIONAL ACTIVITIES OR MEETINGS;
   41    (XI) DISPLAYS, WEARS,  POSSESSES,  DISTRIBUTES  OR  USES  UNAUTHORIZED
   42  ORGANIZATIONAL INSIGNIA OR MATERIALS;
   43    (XII)  MAKES,  POSSESSES, SELLS, EXCHANGES OR USES ANY GUN, FIREARM OR
   44  AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS-
   45  SIFIED AS A WEAPON BY USE OR APPEARANCE;
   46    (XIII) CONSPIRES TO, IS AN ACCESSORY TO OR  COMMITS  ESCAPE  FROM  ANY
   47  PROGRAM  OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR ABSENCE
   48  WITHOUT LEAVE;
   49    (XIV) INTENTIONALLY FAILS OR ATTEMPTS TO FAIL TO RETURN AT  OR  BEFORE
   50  THE TIME PRESCRIBED FOR HIS OR HER RETURN;
   51    (XV)  ENGAGES  IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE OTHERS TO
   52  ENGAGE IN SEXUAL ACTS OR GESTURES;
   53    (XVI) TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY  INVES-
   54  TIGATION; OR
   55    (XVII)  POSSESSES  TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS THAT MAY
   56  BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION.
       S. 2625--A                          6
    1    6. STAFFING. PROGRAMS OPERATED, LICENSED, CERTIFIED OR  REGISTERED  BY
    2  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW-
    3  ING STAFFING REQUIREMENTS:
    4    (A)  THOSE  PROGRAMS  ACCEPTING  YOUTHS  WITH RISK LEVEL I ASSESSMENTS
    5  SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND
    6  RESIDENTS OF THE PROGRAM.
    7    (B) THOSE PROGRAMS ACCEPTING YOUTHS WITH  RISK  LEVEL  II  ASSESSMENTS
    8  SHALL  HAVE  STAFFING  SUFFICIENT  TO  ENSURE  THAT NO EMPLOYEE SHALL BE
    9  REQUIRED TO SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS  THE  EMPLOYEE
   10  IS  ACCOMPANIED  BY  NOT  LESS THAN ONE OTHER EMPLOYEE OF THE PROGRAM OR
   11  ANOTHER APPROPRIATE PERSON.
   12    (C) THOSE PROGRAMS ACCEPTING YOUTHS WITH RISK  LEVEL  III  ASSESSMENTS
   13  SHALL BE SECURE OR LIMITED SECURE FACILITIES.
   14    S  6. Subdivision 4 of section 504 of the executive law, as amended by
   15  chapter 687 of the laws of 1993, is amended to read as follows:
   16    4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  deter-
   17  mine,  SUBJECT  TO  THE PROVISIONS OF SECTION FIVE HUNDRED ONE-I OF THIS
   18  ARTICLE, the particular [division] OFFICE facility or program in which a
   19  child placed with [the division] SUCH OFFICE shall be cared  for,  based
   20  upon  an evaluation of such child. The [division] OFFICE OF CHILDREN AND
   21  FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED
   22  ONE-I OF THIS ARTICLE AND AFTER A COMPLETE REVIEW  OF  THE  RECORDS  AND
   23  FILES  OF  A  CHILD,  also  have authority to discharge or conditionally
   24  release children placed with it and to transfer  such  children  from  a
   25  limited  secure  or  non-secure  facility to any other limited secure or
   26  non-secure facility, when the interest of such  children  requires  such
   27  action;  provided that a child transferred to a non-secure facility from
   28  a limited secure facility may be returned to a limited  secure  facility
   29  upon a determination by the [division] OFFICE that, for any reason, care
   30  and  treatment  at  the  non-secure  facility  is  no  longer  suitable.
   31  PROVIDED, HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL  BE
   32  AUTHORIZED  IF  THE  CHILD'S  RECORDS  AND FILES INCLUDE (A) TWO OR MORE
   33  LEVEL C RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A  PROPOSED  PLACE-
   34  MENT  IN  A  LESS  SECURE  FACILITY,  OR  (B)  FOUR OR MORE LEVEL B RULE
   35  VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN  A  LESS
   36  SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH
   37  CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT-
   38  TED BY AN ADULT.
   39    S  7.  Section  507-a  of the executive law is amended by adding a new
   40  subdivision 6 to read as follows:
   41    6. THE OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN  TEN  DAYS
   42  BEFORE  THE  MOVEMENT  OF  ANY YOUTH, COMMITTED TO THE CUSTODY OR SUPER-
   43  VISION OF SUCH OFFICE, TO ANY FACILITY OR  PROGRAM  OPERATED,  LICENSED,
   44  REGISTERED,  CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE NOTICE
   45  OF THE MOVEMENT OF SUCH YOUTH TO THE DIVISION OF STATE  POLICE  AND  THE
   46  LOCAL  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION OVER THE FACILITY OR
   47  PROGRAM TO WHICH THE YOUTH IS TO BE MOVED. SUCH  NOTICE  SHALL  INCLUDE,
   48  BUT  NOT  BE  LIMITED TO, REPORTS OF THE YOUTH'S PRIOR ASSAULTS, ACTS OF
   49  VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE
   50  CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES.
   51    S 8. Title 2 of article 19-G of the executive law is amended by adding
   52  a new section 510 to read as follows:
   53    S 510. REPORTS OF YOUTH CRIMINAL  ACTIVITY;  REQUIRED.  1.  (A)  EVERY
   54  OFFICER  AND  EMPLOYEE  OF A FACILITY OR PROGRAM, THAT IS SUBJECT TO THE
   55  PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A
   56  LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE
       S. 2625--A                          7
    1  HAS REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF  FACTS,
    2  CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS
    3  COMMITTED  AN  ACT,  WHICH  IF  THE YOUTH WAS AN ADULT, WOULD BE A CRIME
    4  DEFINED  IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE PENAL
    5  LAW.
    6    (B) AFTER SUBMITTING A REPORT TO THE  LAW  ENFORCEMENT  AGENCY  HAVING
    7  JURISDICTION,  THE  OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE THEREOF TO
    8  HIS OR HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.
    9  NEITHER  OPERATOR  OF  A  FACILITY  OR  PROGRAM  THAT  IS SUBJECT TO THE
   10  PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES
   11  SHALL DENY A LAW ENFORCEMENT AGENCY ACCESS  TO  ANY  PROGRAM,  FACILITY,
   12  OFFICER,  EMPLOYEE  OR  YOUTH  WHILE  SUCH AGENCY IS IN THE COURSE OF AN
   13  INVESTIGATION RELATING TO A REPORT SUBMITTED PURSUANT TO  PARAGRAPH  (A)
   14  OF THIS SUBDIVISION.
   15    (C)  NO  OPERATOR  OF  A  PROGRAM  OR FACILITY LICENSED, REGISTERED OR
   16  CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  TAKE  ANY
   17  RETALIATORY  PERSONNEL  ACTION, AS SUCH TERM IS DEFINED IN PARAGRAPH (E)
   18  OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED  FORTY  OF  THE  LABOR  LAW,
   19  AGAINST  AN  EMPLOYEE  BECAUSE SUCH EMPLOYEE BELIEVES THAT HE OR SHE HAS
   20  REASONABLE CAUSE TO SUSPECT THAT A YOUTH HAS COMMITTED  A  CRIMINAL  ACT
   21  AND  THAT  EMPLOYEE  THEREFORE  MAKES  A  REPORT IN ACCORDANCE WITH THIS
   22  TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH
   23  OFFICE SHALL IMPOSE ANY CONDITIONS, INCLUDING PRIOR  APPROVAL  OR  PRIOR
   24  NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT
   25  UNDER  THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY TIME
   26  THEREAFTER, SUCH PERSON OR OFFICIAL MAY EXERCISE THE  RIGHT  TO  REQUEST
   27  THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION.
   28    2.  ANY  PERSON,  OFFICIAL  OR  INSTITUTION  REQUIRED BY THIS TITLE TO
   29  REPORT A YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE  COMMISSION  OF
   30  SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   31    3.  ANY  PERSON,  OFFICIAL  OR  INSTITUTION  REQUIRED BY THIS TITLE TO
   32  REPORT A YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE  COMMISSION  OF
   33  SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY
   34  SUCH CONCEALMENT.
   35    4.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL INCLUDE INSTRUC-
   36  TION ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING  REQUIRED
   37  BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   38    S  9.  Subdivision 1 of section 510-c of the executive law, as amended
   39  by chapter 465 of the laws of 1992, is amended to read as follows:
   40    1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may,  SUBJECT
   41  TO  THE  PROVISIONS  OF  SECTION  FIVE HUNDRED ONE-I OF THIS ARTICLE AND
   42  AFTER A COMPLETE REVIEW OF  THE  RECORDS  AND  THE  FILES  OF  A  CHILD,
   43  discharge  from  its custody any child placed with the [division] OFFICE
   44  whenever it deems such discharge to be in the best interest of the child
   45  and there is reasonable probability that the  child  can  be  discharged
   46  without  endangering the public safety; provided, however, that no child
   47  while absent from a division facility without the consent of the  direc-
   48  tor of such facility shall be discharged by the [division] OFFICE solely
   49  by  reason  of the absence[, and]; provided further that no child in the
   50  custody of the division and transferred  to  the  department  of  mental
   51  hygiene, while absent from a department of mental hygiene facility with-
   52  out  the  consent  of  the  superintendent or director of such facility,
   53  shall be discharged by the division;  AND  PROVIDED,  FURTHER,  THAT  NO
   54  CHILD  SHALL  BE  DISCHARGED IF HIS OR HER RECORDS AND FILES INCLUDE (A)
   55  TWO OR MORE LEVEL C RULE VIOLATIONS  WITHIN  THREE  MONTHS  PRIOR  TO  A
   56  PROPOSED  PLACEMENT IN A LESS SECURE FACILITY, OR (B) FOUR OR MORE LEVEL
       S. 2625--A                          8
    1  B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A
    2  LESS SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY
    3  SUCH CHILD WHICH WOULD CONSTITUTE A DESIGNATED FELONY CRIME  DEFINED  IN
    4  THE PENAL LAW IF COMMITTED BY AN ADULT.
    5    S  10.  Section  837  of  the executive law is amended by adding a new
    6  subdivision 20 to read as follows:
    7    20. ESTABLISH RULES AND REGULATIONS REQUIRING,  UPON  REQUEST  OF  THE
    8  OPERATOR  OF  A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY
    9  THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A  YOUTH  HAS  ABSENTED
   10  HIMSELF  OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION,
   11  THAT A POLICE OFFICER HAVING JURISDICTION ESCORT  AN  EMPLOYEE  OF  SUCH
   12  FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI-
   13  GATE  WHERE  SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST
   14  THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO
   15  THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED.
   16    S 11. Section 166 of the family  court  act  is  amended  to  read  as
   17  follows:
   18    S  166.  Privacy  of records. (A) The records of any proceeding in the
   19  family court shall not be  open  to  indiscriminate  public  inspection.
   20  However,  the  court  in  its  discretion  in  any  case  may permit the
   21  inspection of any papers or records. Any duly authorized agency, associ-
   22  ation, society or institution to which a child is committed may cause an
   23  inspection of the record of investigation to  be  had  and  may  in  the
   24  discretion  of  the  court  obtain  a  copy of the whole or part of such
   25  record.
   26    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   27  THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT
   28  OF A PERSON, WHO IS PLACED WITH OR  COMMITTED  TO  THE  CUSTODY  OF  THE
   29  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  SHALL  BE  OPEN  TO AND BE
   30  PROVIDED:
   31    (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
   32  ATED  BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED
   33  AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY  THE
   34  OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
   35  IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
   36  REHABILITATION OR GUIDANCE OF THE PERSON;
   37    (2) IN THE EVENT SUCH PERSON ENGAGES IN  CONDUCT  OR  COMMITS  AN  ACT
   38  WHICH  WOULD  CONSTITUTE  A CRIME DEFINED IN THE PENAL LAW IF THE PERSON
   39  WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE  COURT,
   40  THE  PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY
   41  UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING  TO  SUCH  CRIME;
   42  AND
   43    (3)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE
   44  FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   45    S 12. Section 720.35 of the  criminal  procedure  law  is  amended  by
   46  adding a new subdivision 5 to read as follows:
   47    5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
   48  ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED
   49  TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  BE
   50  OPEN TO AND BE PROVIDED TO:
   51    (A)  THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED
   52  BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE  OFFICE
   53  OF  CHILDREN  AND  FAMILY  SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS
   54  RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,  REHA-
   55  BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER;
       S. 2625--A                          9
    1    (B)  IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE
    2  PENAL LAW, TO  THE  COURT,  THE  DISTRICT  ATTORNEY,  AND  THE  YOUTHFUL
    3  OFFENDER'S  ATTORNEY  UPON  THE  FILING OF CHARGES AGAINST SUCH OFFENDER
    4  RELATING TO SUCH CRIME; AND
    5    (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER
    6  AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
    7  SERVICES.
    8    S  13.  Section  725.15  of  the criminal procedure law, as amended by
    9  chapter 7 of the laws of 2007, is amended to read as follows:
   10  S 725.15 Sealing of records.
   11    1. Except where specifically required or permitted by statute or  upon
   12  specific  authorization  of the court that directed removal of an action
   13  to the family court all official records and papers of the action up  to
   14  and  including  the  order of removal, whether on file with the court, a
   15  police agency or the division of criminal justice services,  are  confi-
   16  dential  and  must  not  be  made  available  to any person or public or
   17  private agency, provided however that availability of copies of any such
   18  records and papers on file with the family court shall  be  governed  by
   19  provisions that apply to family court records, and further provided that
   20  all official records and papers of the action shall be included in those
   21  records and reports that may be obtained upon request by the commission-
   22  er of mental health or commissioner of [mental retardation and] develop-
   23  mental  disabilities,  as  appropriate;  the  case review panel; and the
   24  attorney general pursuant to section 10.05 of the mental hygiene law.
   25    2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
   26  ALL  OFFICIAL  RECORDS  AND  PAPERS  OF AN ACTION RELATING TO A JUVENILE
   27  OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
   28  SHALL BE OPEN TO AND BE PROVIDED:
   29    (A)  TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER-
   30  ATED BY SUCH OFFICE OR NOT, IN WHICH  THE  OFFENDER  IS  PLACED  BY  THE
   31  OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
   32  IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
   33  REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER;
   34    (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT  OR  COMMITS
   35  AN  ACT  WHICH  WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE
   36  OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,  TO
   37  THE  COURT,  THE  PRESENTMENT  AGENCY  OR  DISTRICT  ATTORNEY,  AND SUCH
   38  OFFENDER'S ATTORNEY UPON THE FILING  OF  CHARGES  AGAINST  THE  JUVENILE
   39  OFFENDER RELATING TO SUCH CRIME; AND
   40    (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER
   41  AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
   42  SERVICES.
   43    S  14. Subdivision 2 of section 212 of the judiciary law is amended by
   44  adding a new paragraph (t) to read as follows:
   45    (T) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION  OF  THE
   46  OFFICIAL  RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS
   47  AND YOUTHFUL OFFENDERS  PURSUANT  TO  SUBDIVISION  (A)  OF  SECTION  ONE
   48  HUNDRED  SIXTY-SIX  OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION
   49  720.35 OF THE CRIMINAL PROCEDURE LAW, AND  SUBDIVISION  TWO  OF  SECTION
   50  725.15 OF THE CRIMINAL PROCEDURE LAW.
   51    S  15.  Severability.  If  any clause, sentence, paragraph, section or
   52  part of this act shall be adjudged by any court of  competent  jurisdic-
   53  tion  to be invalid and after exhaustion of all further judicial review,
   54  the judgment shall not affect, impair or invalidate the remainder there-
   55  of, but shall be confined in its  operation  to  the  clause,  sentence,
       S. 2625--A                         10
    1  paragraph,  section or part of this act directly involved in the contro-
    2  versy in which the judgment shall have been rendered.
    3    S 16. This act shall take effect on the first of January next succeed-
    4  ing  the date on which it shall have become a law; provided that, effec-
    5  tive immediately, any rules and regulations necessary to  implement  the
    6  provisions  of  this  act  on  its  effective  date are authorized to be
    7  promulgated, repealed and/or amended on or before such date.