S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2625
                              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, MAZIARZ, NOZZOLIO, RANZENHOFER, SEWARD --  read  twice
         and ordered printed, and when printed to be committed to the Committee
         on Children and Families
       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
   20  community based programs and communities throughout the  state  allowing
   21  youths  under  the  office of children and family services' jurisdiction
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07087-02-3
       S. 2625                             2
    1  the ability to be rehabilitated and receive skills necessary to  inhibit
    2  recidivism.
    3    S  3.  Section  501  of the executive law is amended by adding two new
    4  subdivisions 7-a and 12-a to read as follows:
    5    7-A. TO PROVIDE FOR THE DISSEMINATION OF  RECORDS,  FILES  AND  PAPERS
    6  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION FIVE HUNDRED ONE-C OF THIS
    7  TITLE, PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION ONE HUNDRED SIXTY-SIX
    8  OF THE FAMILY COURT ACT, PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
    9  720.35  OF  THE  CRIMINAL PROCEDURE LAW AND PARAGRAPH (A) OF SUBDIVISION
   10  TWO OF SECTION 725.15 OF THE CRIMINAL PROCEDURE LAW.
   11    12-A. TO ESTABLISH AND PROVIDE FOR THE IMPLEMENTATION OF A  COURSE  OF
   12  TRAINING  TO BE COMPLETED BY ALL STAFF MEMBERS AND EMPLOYEES RESPONSIBLE
   13  FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION  OR
   14  GUIDANCE  OF  CHILDREN  IN  FACILITIES  IN  WHICH CHILDREN ARE PLACED OR
   15  COMMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMISSION-
   16  ER OF SUCH OFFICE SHALL ESTABLISH PROGRAMS  FOR  PREEMPLOYMENT  TRAINING
   17  AND  IN  SERVICE STAFF DEVELOPMENT AND TRAINING. ALL SUCH TRAINING SHALL
   18  INCLUDE INSTRUCTION IN CHILD ABUSE AND MALTREATMENT PREVENTION AND IDEN-
   19  TIFICATION; STAFF ABUSE PREVENTION AND IDENTIFICATION; SAFETY AND  SECU-
   20  RITY  PROCEDURES;  THE PRINCIPLES OF CHILD DEVELOPMENT; THE USE OF PHYS-
   21  ICAL INTERVENTION; TECHNIQUES OF GROUP AND INDIVIDUAL CHILD  MANAGEMENT;
   22  GANG  AWARENESS;  ABSENT  WITHOUT LEAVE PROCEDURES; CONFLICT RESOLUTION;
   23  AND THE LAWS, RULES AND REGULATIONS GOVERNING THE PROTECTION OF CHILDREN
   24  FROM ABUSE AND MALTREATMENT. SUCH COMMISSIONER  SHALL  ENSURE  THAT  ALL
   25  TRAINING  CONDUCTED  PURSUANT TO THIS SUBDIVISION IS EVIDENCE BASED, AND
   26  EVALUATED AND UPDATED ON AN ANNUAL BASIS.   THE FAILURE TO  PROVIDE  THE
   27  TRAINING  REQUIRED  BY THIS SUBDIVISION SHALL CONSTITUTE NEGLECT OF DUTY
   28  FOR WHICH THE GOVERNOR MAY REMOVE THE COMMISSIONER OF CHILDREN AND FAMI-
   29  LY SERVICES FROM OFFICE.
   30    S 4. Section 501-c of the executive law is amended  by  adding  a  new
   31  subdivision 3 to read as follows:
   32    3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   33  THE RECORDS AND FILES INCLUDING, BUT NOT LIMITED  TO,  UNUSUAL  INCIDENT
   34  REPORTS,   MENTAL  HEALTH  AND  DEVELOPMENTAL  DISABILITY  REPORTS,  AND
   35  PROGRESS REPORTS, OF EACH  JUVENILE  DELINQUENT,  JUVENILE  OFFENDER  OR
   36  YOUTHFUL  OFFENDER PLACED WITH OR COMMITTED TO THE CUSTODY OF THE OFFICE
   37  OF CHILDREN AND FAMILY SERVICES SHALL BE MADE AVAILABLE:
   38    (A) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
   39  ATED  BY  SUCH  OFFICE  OR  NOT,  IN WHICH THE DELINQUENT OR OFFENDER IS
   40  PLACED OR COMMITTED, WHEN THE STAFF MEMBER OR  EMPLOYEE  IS  RESPONSIBLE
   41  FOR  THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION OR
   42  GUIDANCE OF THE AFFECTED YOUTH;
   43    (B) IN THE EVENT SUCH DELINQUENT OR OFFENDER  ENGAGES  IN  CONDUCT  OR
   44  COMMITS  AN  ACT WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW
   45  IF THE YOUTH WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,
   46  TO  THE  COURT,  THE  PRESENTMENT  AGENCY  OR DISTRICT ATTORNEY, AND THE
   47  ATTORNEY REPRESENTING THE YOUTH UPON THE FILING OF CHARGES  AGAINST  THE
   48  YOUTH RELATING TO SUCH CRIME; AND
   49    (C)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH DELINQUENT OR OFFEN-
   50  DER AFTER RELEASE FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY
   51  SERVICES, EXCLUDING MENTAL HEALTH AND DEVELOPMENTAL DISABILITY REPORTS.
   52    S  5.  The  executive  law is amended by adding a new section 501-i to
   53  read as follows:
   54    S 501-I. CUSTODY, CONTROL AND DISCHARGE OF DETAINED YOUTH. 1.   PLACE-
   55  MENT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PLACE EACH YOUTH
   56  COMMITTED TO ITS CUSTODY UPON THE BASIS OF SUCH YOUTH'S RISK  ASSESSMENT
       S. 2625                             3
    1  VALUE AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.  PROVIDED, THAT
    2  NO  YOUTH  CONVICTED  OF OR ADJUDICATED AS HAVING COMMITTED A DESIGNATED
    3  FELONY, OR FOUND TO HAVE COMMITTED TWO OR MORE LEVEL C  RULE  VIOLATIONS
    4  WHILE  IN  CUSTODY, OR FOUND TO HAVE COMMITTED FOUR OR MORE LEVEL B RULE
    5  VIOLATIONS WITHIN THE PREVIOUS THREE MONTHS SHALL BE  AUTHORIZED  TO  BE
    6  PLACED  IN  ANY  PROGRAM  OR FACILITY THAT IS NOT DESIGNATED AS A SECURE
    7  FACILITY. FURTHERMORE, NO YOUTH HAVING A RISK  LEVEL  OF  III  SHALL  BE
    8  PLACED IN ANY PROGRAM LICENSED, REGISTERED OR CERTIFIED BY THE OFFICE OF
    9  CHILDREN AND FAMILY SERVICES WHICH IS NOT A SECURE FACILITY.
   10    2.  MOVEMENT  TO  LOWER LEVEL OF CUSTODY. PRIOR TO THE MOVEMENT OF ANY
   11  YOUTH TO A LOWER LEVEL OF CUSTODY, A RISK ASSESSMENT SHALL BE  CONDUCTED
   12  FOR  SUCH YOUTH. SUCH ASSESSMENT SHALL BE COMPLETED BY THE STAFF CHARGED
   13  WITH THE DAILY CARE AND CUSTODY OF THE YOUTH. UPON COMPLETION OF A  RISK
   14  ASSESSMENT  OF  A YOUTH, THE FACILITY OR PROGRAM WHICH WILL RECEIVE SUCH
   15  YOUTH SHALL VERIFY WHETHER IT MEETS THE STAFFING REQUIREMENTS OF  SUBDI-
   16  VISION SIX OF THIS SECTION.
   17    3.  RISK ASSESSMENT. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES,
   18  OR HIS OR HER DESIGNEE, SHALL ESTABLISH A RISK ASSESSMENT VALUE FOR EACH
   19  YOUTH COMMITTED TO THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
   20  SERVICES.  THE  RISK  ASSESSMENT VALUE OF EACH YOUTH SHALL BE DERIVED BY
   21  ADDING THE YOUTH'S FACTORS FOR FACILITY RULE VIOLATIONS TO  HIS  OR  HER
   22  PRIOR  OFFENSE  HISTORY, AND SUBTRACTING THEREFROM HIS OR HER MITIGATING
   23  FACTORS.
   24    (A) FACILITY RULE FACTORS SHALL BE DETERMINED BY:
   25    (I) THE NUMBER OF LEVEL B RULE VIOLATIONS MULTIPLIED BY TWO; AND
   26    (II) THE NUMBER OF LEVEL C RULE VIOLATIONS MULTIPLIED BY THREE.
   27    (B) PRIOR OFFENSE HISTORY FACTOR SHALL BE DETERMINED BY:
   28    (I) THE NUMBER OF OPEN OR PRIOR  JUVENILE  DELINQUENCY  DETERMINATIONS
   29  WITHIN  THE  PREVIOUS  THREE  YEARS:  ONE  POINT PER OFFENSE, BUT NOT TO
   30  EXCEED THREE POINTS;
   31    (II) THE NUMBER OF OFFENSES PENDING PROSECUTION BY THE  COUNTY  ATTOR-
   32  NEY:  ONE POINT PER OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   33    (III) A PENDING FAMILY COURT FELONY OFFENSE: FOUR POINTS;
   34    (IV)  A  PENDING  FAMILY  COURT  MISDEMEANOR  OFFENSE:  ONE  POINT PER
   35  OFFENSE, BUT NOT TO EXCEED THREE POINTS;
   36    (V) A PAST FELONY ADJUDICATION WITHIN THE PREVIOUS THREE  YEARS:  FIVE
   37  POINTS;
   38    (VI)  TWO  OR MORE MISDEMEANOR ADJUDICATIONS WITHIN THE PREVIOUS THREE
   39  YEARS: THREE POINTS; AND
   40    (VII) ONE MISDEMEANOR ADJUDICATION WITHIN THE  PREVIOUS  THREE  YEARS:
   41  ONE POINT.
   42    (C) MITIGATING FACTOR SHALL BE DETERMINED BY:
   43    (I) THE LACK OF PRIOR ARRESTS OR ADJUDICATIONS: ONE POINT;
   44    (II)  NOT  BEING SUBJECT TO A PERSON IN NEED OF SUPERVISION PROCEEDING
   45  WITHIN THE PREVIOUS THREE YEARS: ONE POINT;
   46    (III)  CURRENTLY  ACTIVELY  COOPERATING  IN  COUNSELING,   PREVENTION,
   47  SERVICES OR A PROGRAM: ONE POINT.
   48    4.  DEFINITIONS. AS USED IN THIS ARTICLE:
   49    (A)  "DESIGNATED  FELONY"  SHALL MEAN AND INCLUDE ANY OF THE FOLLOWING
   50  FELONIES DEFINED IN THE PENAL LAW: MURDER IN THE FIRST DEGREE, MURDER IN
   51  THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MANSLAUGHTER IN THE
   52  SECOND DEGREE, KIDNAPPING IN  THE  FIRST  DEGREE,  ARSON  IN  THE  FIRST
   53  DEGREE,  ASSAULT  IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE,
   54  ARSON IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN
   55  THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, RAPE  IN
       S. 2625                             4
    1  THE  FIRST  DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, BURGLARY IN
    2  THE FIRST DEGREE.
    3    (B)  "DESIGNATED  RISK  LEVEL"  SHALL MEAN AN ASSESSMENT OF EACH YOUTH
    4  COMMITTED TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
    5  IN  WHICH,  IN  LIGHT  OF ALL AVAILABLE RECORDS, THE NUMBER AND TYPES OF
    6  OFFENSES AND RULE VIOLATIONS COMMITTED BY SUCH YOUTH WHILE IN  THE  CARE
    7  AND  CUSTODY  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ANY
    8  PROGRAM LICENSED, REGISTERED OR CERTIFIED BY SUCH OFFICE,  AND  PREVIOUS
    9  CRIMINAL  AND  JUVENILE DELINQUENCY DETERMINATIONS, SUCH YOUTH IS DETER-
   10  MINED TO PRESENT A LOW, MODERATE OR  HIGH  RISK  OF  COMMITTING  ANOTHER
   11  CRIME DEFINED IN THE PENAL LAW OR WHICH WOULD CONSTITUTE SUCH A CRIME IF
   12  COMMITTED  BY  AN  ADULT,  OR POSES A THREAT TO THE SAFETY OF HIMSELF OR
   13  HERSELF OR OTHERS.
   14    (I) "RISK LEVEL I" MEANS A YOUTH  HAS  A  LOW  RISK  OF  REPEATING  OR
   15  COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR POSES NO DANGER TO
   16  PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL OF I SHALL HAVE A
   17  RISK FACTOR OF THREE POINTS OR LESS.
   18    (II) "RISK LEVEL II" MEANS A YOUTH HAS A MODERATE RISK OF REPEATING OR
   19  COMMITTING  ADDITIONAL  OFFENSES OR RULE VIOLATIONS, OR POSES A MODERATE
   20  THREAT TO PUBLIC SAFETY. A YOUTH DETERMINED TO HAVE A RISK LEVEL  OF  II
   21  SHALL HAVE A RISK FACTOR OF BETWEEN FOUR AND EIGHT POINTS.
   22    (III)  "RISK  LEVEL III" MEANS A YOUTH HAS A HIGH RISK OF REPEATING OR
   23  COMMITTING ADDITIONAL OFFENSES OR RULE VIOLATIONS, OR  POSES  A  SERIOUS
   24  THREAT  TO  PUBLIC  SAFETY. A YOUTH DETERMINED TO BE A RISK LEVEL OF III
   25  SHALL HAVE A RISK FACTOR OF NINE OR MORE POINTS.
   26    (C) "EGREGIOUS ACT" SHALL MEAN AN ACT WHICH  IS  CONSPICUOUSLY  OFFEN-
   27  SIVE, INTENTIONAL OR BLATANT.
   28    (D) "PERSISTENT PATTERN" SHALL MEAN A COURSE OF CONDUCT THAT IS INTEN-
   29  TIONALLY REPETITIVE.
   30    5.  RULE VIOLATIONS. (A) A YOUTH IS GUILTY OF A LEVEL B VIOLATION WHEN
   31  HE OR SHE:
   32    (I) ATTEMPTS TO, CONSPIRES TO OR ACTS AS AN  ACCESSORY  TO  AN  ESCAPE
   33  ATTEMPT FROM ANY FACILITY, PROGRAM OR CUSTODY;
   34    (II)  WITHHOLDS INFORMATION ABOUT AN ATTEMPTED ESCAPE OR ABSENCE WITH-
   35  OUT LEAVE;
   36    (III) ENGAGES IN ANY VIOLENT CONDUCT INVOLVING THE THREAT OF VIOLENCE;
   37    (IV) PRACTICES OR INSTRUCTS OTHERS IN MARTIAL ARTS, SPARRING  OR  SELF
   38  DEFENSE TECHNIQUES;
   39    (V) ENGAGES IN GANG-RELATED HAND, VERBAL OR WRITTEN COMMUNICATION;
   40    (VI) INTENTIONALLY EXPOSES THE PRIVATE PARTS OF THEIR BODIES;
   41    (VII)  MAKES  ANY  THREAT  VERBALLY,  IN  WRITING OR BY GESTURE TO ANY
   42  PERSON;
   43    (VIII) POSSESSES UNAUTHORIZED SECURITY-RELATED EQUIPMENT SUCH AS KEYS,
   44  VEHICULAR KEYS, COMMUNICATION DEVICES OR RESTRAINT EQUIPMENT;
   45    (IX) MAKES, USES, POSSESSES, SELLS  OR  EXCHANGES,  OR  IS  UNDER  THE
   46  INFLUENCE OF ANY ALCOHOLIC BEVERAGE OR INTOXICANT;
   47    (X) MAKES, USES, POSSESSES, SELLS OR EXCHANGES, OR IS UNDER THE INFLU-
   48  ENCE OF ANY NARCOTIC, NARCOTIC PARAPHERNALIA OR CONTROLLED SUBSTANCE;
   49    (XI) POSSESSES OUTDATED OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
   50  TION;
   51    (XII)  SELLS  OUTDATED  OR UNAUTHORIZED TYPES OR QUANTITIES OF MEDICA-
   52  TION;
   53    (XIII) ATTEMPTS TO SMUGGLE OR ATTEMPTS TO SOLICIT  OTHERS  TO  SMUGGLE
   54  ANY  ITEM  INTO  OR OUT OF A FACILITY OR PROGRAM OR FROM ONE FACILITY OR
   55  PROGRAM AREA TO ANOTHER;
       S. 2625                             5
    1    (XIV) ENGAGES IN ANY VERBAL BEHAVIOR WHICH INTERFERES WITH THE  SECURE
    2  AND ORDERLY OPERATION OF THE FACILITY;
    3    (XV)  ENGAGES  IN  ANY  VERBAL  BEHAVIOR WHICH MAY RESULT IN INJURY TO
    4  STAFF OR RESIDENTS;
    5    (XVI) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR  WHICH
    6  INTERFERES WITH THE SECURE AND ORDERLY OPERATION OF THE FACILITY;
    7    (XVII) ENGAGES IN ANY PHYSICAL, PERSISTENT OR EGREGIOUS BEHAVIOR WHICH
    8  MAY RESULT IN INJURY TO STAFF OR RESIDENTS;
    9    (XVIII) SPITS, URINATES OR DEFECATES ON THE FLOOR OR ANY OTHER AREA;
   10    (XIX) THROWS URINE OR FECES OR SANITARY ITEMS;
   11    (XX)  FAILS TO COMPLY OR OTHERWISE DISRUPTS FACILITY AND PROGRAM COUNT
   12  PROCEDURES;
   13    (XXI) MUTILATES OR DEFACES HIS OR HER BODY, OR ENGAGES IN THE  MUTILA-
   14  TION OR DEFACEMENT OF ANOTHER PERSON'S BODY; OR
   15    (XXII)  ENGAGES  IN  A  PERSISTENT PATTERN OF INFRACTIONS AND FAILS TO
   16  RESPOND TO SANCTIONS PREVIOUSLY IMPOSED BY AN  INDIVIDUAL  CHARGED  WITH
   17  SUCH YOUTH'S CARE OR CUSTODY.
   18    (B) A YOUTH IS GUILTY OF A LEVEL C VIOLATION WHEN HE OR SHE:
   19    (I)  COMMITS  OR  ATTEMPTS  TO COMMIT ANY OFFENSE DEFINED IN THE PENAL
   20  LAW;
   21    (II) STARTS OR ATTEMPTS TO START A FIRE, WITHOUT AUTHORIZATION;
   22    (III) CAUSES OR ATTEMPTS TO CAUSE AN EXPLOSION;
   23    (IV) POSSESSES AN EXPLOSIVE DEVICE OR MATERIALS WHICH CAN BE  USED  TO
   24  MAKE AN EXPLOSIVE DEVICE;
   25    (V) INFLICTS OR ATTEMPTS TO INFLICT BODILY HARM UPON ANOTHER RESIDENT,
   26  A STAFF MEMBER OR ANY OTHER PERSON;
   27    (VI) ENGAGES IN FIGHTING;
   28    (VII) CONSPIRES OR TAKES ANY ACTION WHICH IS INTENDED TO OR RESULTS IN
   29  THE  TAKEOVER  OF  ANY  AREA  OF  A FACILITY OR PROGRAM, OR, ACTING IN A
   30  GROUP, ENGAGES IN ANY VIOLENT CONDUCT OR CONDUCT INVOLVING THE THREAT OF
   31  VIOLENCE;
   32    (VIII) ENGAGES WITH  OTHERS  IN  ANY  VIOLENT  CONDUCT  OR  THREAT  OF
   33  VIOLENCE;
   34    (IX)  LEADS,  ORGANIZES  OR  URGES  OTHER  RESIDENTS TO PARTICIPATE IN
   35  ACTIONS DETRIMENTAL TO THE ORDER OF A FACILITY OR PROGRAM;
   36    (X) ENGAGES IN OR ENCOURAGES OTHERS TO ENGAGE IN  UNAUTHORIZED  ORGAN-
   37  IZATIONAL ACTIVITIES OR MEETINGS;
   38    (XI)  DISPLAYS,  WEARS,  POSSESSES,  DISTRIBUTES  OR USES UNAUTHORIZED
   39  ORGANIZATIONAL INSIGNIA OR MATERIALS;
   40    (XII) MAKES, POSSESSES, SELLS, EXCHANGES OR USES ANY GUN,  FIREARM  OR
   41  AMMUNITION, KNIFE, RAZOR, SHARPENED INSTRUMENT, TOOL OR OTHER ITEM CLAS-
   42  SIFIED AS A WEAPON BY USE OR APPEARANCE;
   43    (XIII)  CONSPIRES  TO,  IS  AN ACCESSORY TO OR COMMITS ESCAPE FROM ANY
   44  PROGRAM OR CUSTODY, OR WITHHOLDS INFORMATION ABOUT AN ESCAPE OR  ABSENCE
   45  WITHOUT LEAVE;
   46    (XIV)  INTENTIONALLY  FAILS OR ATTEMPTS TO FAIL TO RETURN AT OR BEFORE
   47  THE TIME PRESCRIBED FOR HIS OR HER RETURN;
   48    (XV) ENGAGES IN, ENCOURAGES, SOLICITS OR ATTEMPTS TO FORCE  OTHERS  TO
   49  ENGAGE IN SEXUAL ACTS OR GESTURES;
   50    (XVI)  TAMPERS WITH OR THREATENS WITNESSES OR INFORMANTS IN ANY INVES-
   51  TIGATION; OR
   52    (XVII) POSSESSES TOOLS, CULINARY INSTRUMENTS OR OTHER ITEMS  THAT  MAY
   53  BE CLASSIFIED AS WEAPONS BY USE OR APPEARANCE WITHOUT AUTHORIZATION.
   54    6.  STAFFING.  PROGRAMS OPERATED, LICENSED, CERTIFIED OR REGISTERED BY
   55  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLY WITH THE FOLLOW-
   56  ING STAFFING REQUIREMENTS:
       S. 2625                             6
    1    (A) THOSE PROGRAMS ACCEPTING YOUTHS  WITH  RISK  LEVEL  I  ASSESSMENTS
    2  SHALL HAVE STAFFING SUFFICIENT TO ENSURE THE SAFETY OF THE EMPLOYEES AND
    3  RESIDENTS OF THE PROGRAM.
    4    (B)  THOSE  PROGRAMS  ACCEPTING  YOUTHS WITH RISK LEVEL II ASSESSMENTS
    5  SHALL HAVE STAFFING SUFFICIENT TO  ENSURE  THAT  NO  EMPLOYEE  SHALL  BE
    6  REQUIRED  TO  SUPERVISE NO MORE THAN ONE SUCH YOUTH, UNLESS THE EMPLOYEE
    7  IS ACCOMPANIED BY NOT LESS THAN ONE OTHER EMPLOYEE  OF  THE  PROGRAM  OR
    8  ANOTHER APPROPRIATE PERSON.
    9    (C)  THOSE  PROGRAMS  ACCEPTING YOUTHS WITH RISK LEVEL III ASSESSMENTS
   10  SHALL BE SECURE OR LIMITED SECURE FACILITIES.
   11    S 6. Subdivision 4 of section 504 of the executive law, as amended  by
   12  chapter 687 of the laws of 1993, is amended to read as follows:
   13    4.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall deter-
   14  mine, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS
   15  ARTICLE, the particular [division] OFFICE facility or program in which a
   16  child  placed  with [the division] SUCH OFFICE shall be cared for, based
   17  upon an evaluation of such child. The [division] OFFICE OF CHILDREN  AND
   18  FAMILY SERVICES shall, SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED
   19  ONE-I  OF  THIS  ARTICLE  AND AFTER A COMPLETE REVIEW OF THE RECORDS AND
   20  FILES OF A CHILD, also have  authority  to  discharge  or  conditionally
   21  release  children  placed  with  it and to transfer such children from a
   22  limited secure or non-secure facility to any  other  limited  secure  or
   23  non-secure  facility,  when  the interest of such children requires such
   24  action; provided that a child transferred to a non-secure facility  from
   25  a  limited  secure facility may be returned to a limited secure facility
   26  upon a determination by the [division] OFFICE that, for any reason, care
   27  and  treatment  at  the  non-secure  facility  is  no  longer  suitable.
   28  PROVIDED,  HOWEVER, THAT NO SUCH DISCHARGE, RELEASE OR TRANSFER SHALL BE
   29  AUTHORIZED IF THE CHILD'S RECORDS AND FILES  INCLUDE  (A)  TWO  OR  MORE
   30  LEVEL  C  RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACE-
   31  MENT IN A LESS SECURE FACILITY,  OR  (B)  FOUR  OR  MORE  LEVEL  B  RULE
   32  VIOLATIONS  WITHIN  THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A LESS
   33  SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY SUCH
   34  CHILD WHICH WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF COMMIT-
   35  TED BY AN ADULT.
   36    S 7. Section 507-a of the executive law is amended  by  adding  a  new
   37  subdivision 6 to read as follows:
   38    6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES NOT LESS THAN TEN DAYS
   39  BEFORE THE MOVEMENT OF ANY YOUTH, COMMITTED TO  THE  CUSTODY  OR  SUPER-
   40  VISION  OF  SUCH  OFFICE, TO ANY FACILITY OR PROGRAM OPERATED, LICENSED,
   41  REGISTERED, CERTIFIED OR AUTHORIZED BY THE OFFICE, SHALL PROVIDE  NOTICE
   42  OF  THE  MOVEMENT  OF SUCH YOUTH TO THE DIVISION OF STATE POLICE AND THE
   43  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER  THE  FACILITY  OR
   44  PROGRAM  TO  WHICH  THE YOUTH IS TO BE MOVED. SUCH NOTICE SHALL INCLUDE,
   45  BUT NOT BE LIMITED TO, REPORTS OF THE YOUTH'S PRIOR  ASSAULTS,  ACTS  OF
   46  VIOLENCE, ATTEMPTED SUICIDES, ESCAPES AND ATTEMPTED ESCAPES WHILE IN THE
   47  CARE AND CUSTODY OF THE OFFICE, AND CRIMINAL CHARGES.
   48    S 8. Title 2 of article 19-G of the executive law is amended by adding
   49  a new section 510 to read as follows:
   50    S  510.  REPORTS  OF  YOUTH  CRIMINAL ACTIVITY; REQUIRED. 1. (A) EVERY
   51  OFFICER AND EMPLOYEE OF A FACILITY OR PROGRAM, THAT IS  SUBJECT  TO  THE
   52  PROVISIONS OF THIS TITLE, SHALL REPORT OR CAUSE A REPORT TO BE MADE TO A
   53  LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHEN SUCH OFFICER OR EMPLOYEE
   54  HAS  REASONABLE CAUSE TO SUSPECT BASED UPON PERSONAL KNOWLEDGE OF FACTS,
   55  CONDITIONS OR CIRCUMSTANCES THAT A YOUTH IN SUCH FACILITY OR PROGRAM HAS
   56  COMMITTED AN ACT, WHICH IF THE YOUTH WAS AN  ADULT,  WOULD  BE  A  CRIME
       S. 2625                             7
    1  DEFINED  IN THE PENAL LAW, OR HAS COMMITTED A CRIME DEFINED IN THE PENAL
    2  LAW.
    3    (B)  AFTER  SUBMITTING  A  REPORT TO THE LAW ENFORCEMENT AGENCY HAVING
    4  JURISDICTION, THE OFFICER AND EMPLOYEE SHALL PROVIDE NOTICE  THEREOF  TO
    5  HIS  OR  HER EMPLOYER AND TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
    6  NEITHER OPERATOR OF A  FACILITY  OR  PROGRAM  THAT  IS  SUBJECT  TO  THE
    7  PROVISIONS OF THIS TITLE, NOR THE OFFICE OF CHILDREN AND FAMILY SERVICES
    8  SHALL  DENY  A  LAW  ENFORCEMENT AGENCY ACCESS TO ANY PROGRAM, FACILITY,
    9  OFFICER, EMPLOYEE OR YOUTH WHILE SUCH AGENCY IS  IN  THE  COURSE  OF  AN
   10  INVESTIGATION  RELATING  TO A REPORT SUBMITTED PURSUANT TO PARAGRAPH (A)
   11  OF THIS SUBDIVISION.
   12    (C) NO OPERATOR OF A  PROGRAM  OR  FACILITY  LICENSED,  REGISTERED  OR
   13  CERTIFIED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ANY
   14  RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS DEFINED IN  PARAGRAPH  (E)
   15  OF  SUBDIVISION  ONE  OF  SECTION  SEVEN HUNDRED FORTY OF THE LABOR LAW,
   16  AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT HE  OR  SHE  HAS
   17  REASONABLE  CAUSE  TO  SUSPECT THAT A YOUTH HAS COMMITTED A CRIMINAL ACT
   18  AND THAT EMPLOYEE THEREFORE MAKES  A  REPORT  IN  ACCORDANCE  WITH  THIS
   19  TITLE. NO FACILITY OR PROGRAM, LICENSED, REGISTERED OR CERTIFIED BY SUCH
   20  OFFICE  SHALL  IMPOSE  ANY CONDITIONS, INCLUDING PRIOR APPROVAL OR PRIOR
   21  NOTIFICATION, UPON A MEMBER OF ITS STAFF SPECIFICALLY REQUIRED TO REPORT
   22  UNDER THIS TITLE. AT THE TIME OF THE MAKING OF A REPORT, OR AT ANY  TIME
   23  THEREAFTER,  SUCH  PERSON  OR OFFICIAL MAY EXERCISE THE RIGHT TO REQUEST
   24  THE FINDINGS OF AN INVESTIGATION MADE PURSUANT TO THIS SECTION.
   25    2. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
   26  REPORT  A  YOUTH'S CRIMINAL ACT WHO WILLFULLY CONCEALS THE COMMISSION OF
   27  SUCH CRIME SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   28    3. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
   29  REPORT  A  YOUTH'S CRIMINAL ACT WHO KNOWINGLY CONCEALS THE COMMISSION OF
   30  SUCH CRIME SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY
   31  SUCH CONCEALMENT.
   32    4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  INCLUDE  INSTRUC-
   33  TION  ON THE PROVISIONS OF THIS SECTION AS PART OF THE TRAINING REQUIRED
   34  BY SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   35    S 9. Subdivision 1 of section 510-c of the executive law,  as  amended
   36  by chapter 465 of the laws of 1992, is amended to read as follows:
   37    1.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may, SUBJECT
   38  TO THE PROVISIONS OF SECTION FIVE HUNDRED  ONE-I  OF  THIS  ARTICLE  AND
   39  AFTER  A  COMPLETE  REVIEW  OF  THE  RECORDS  AND  THE FILES OF A CHILD,
   40  discharge from its custody any child placed with the  [division]  OFFICE
   41  whenever it deems such discharge to be in the best interest of the child
   42  and  there  is  reasonable  probability that the child can be discharged
   43  without endangering the public safety; provided, however, that no  child
   44  while  absent from a division facility without the consent of the direc-
   45  tor of such facility shall be discharged by the [division] OFFICE solely
   46  by reason of the absence[, and]; provided further that no child  in  the
   47  custody  of  the  division  and  transferred to the department of mental
   48  hygiene, while absent from a department of mental hygiene facility with-
   49  out the consent of the superintendent  or  director  of  such  facility,
   50  shall  be  discharged  by  the  division; AND PROVIDED, FURTHER, THAT NO
   51  CHILD SHALL BE DISCHARGED IF HIS OR HER RECORDS AND  FILES  INCLUDE  (A)
   52  TWO  OR  MORE  LEVEL  C  RULE  VIOLATIONS WITHIN THREE MONTHS PRIOR TO A
   53  PROPOSED PLACEMENT IN A LESS SECURE FACILITY, OR (B) FOUR OR MORE  LEVEL
   54  B RULE VIOLATIONS WITHIN THREE MONTHS PRIOR TO A PROPOSED PLACEMENT IN A
   55  LESS SECURE FACILITY, OR (C) NOTATION OF ANY CONDUCT OR ACT COMMITTED BY
       S. 2625                             8
    1  SUCH  CHILD  WHICH WOULD CONSTITUTE A DESIGNATED FELONY CRIME DEFINED IN
    2  THE PENAL LAW IF COMMITTED BY AN ADULT.
    3    S  10.  Section  837  of  the executive law is amended by adding a new
    4  subdivision 20 to read as follows:
    5    20. ESTABLISH RULES AND REGULATIONS REQUIRING,  UPON  REQUEST  OF  THE
    6  OPERATOR  OF  A FACILITY OR PROGRAM LICENSED, REGISTERED OR CERTIFIED BY
    7  THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHEN A  YOUTH  HAS  ABSENTED
    8  HIMSELF  OR HERSELF FROM SUCH FACILITY OR PROGRAM WITHOUT AUTHORIZATION,
    9  THAT A POLICE OFFICER HAVING JURISDICTION ESCORT  AN  EMPLOYEE  OF  SUCH
   10  FACILITY OR PROGRAM TO THE ABSENT YOUTH'S PLACE OF RESIDENCE TO INVESTI-
   11  GATE  WHERE  SUCH YOUTH HAS FLED. EVERY SUCH POLICE OFFICER SHALL ASSIST
   12  THE EMPLOYEE IN TAKING THE YOUTH INTO CUSTODY AND RETURNING THE YOUTH TO
   13  THE FACILITY OR PROGRAM TO WHICH THE YOUTH IS ASSIGNED.
   14    S 11. Section 166 of the family  court  act  is  amended  to  read  as
   15  follows:
   16    S  166.  Privacy  of records. (A) The records of any proceeding in the
   17  family court shall not be  open  to  indiscriminate  public  inspection.
   18  However,  the  court  in  its  discretion  in  any  case  may permit the
   19  inspection of any papers or records. Any duly authorized agency, associ-
   20  ation, society or institution to which a child is committed may cause an
   21  inspection of the record of investigation to  be  had  and  may  in  the
   22  discretion  of  the  court  obtain  a  copy of the whole or part of such
   23  record.
   24    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   25  THE RECORDS OF EVERY JUVENILE DELINQUENCY PROCEEDING IN THE FAMILY COURT
   26  OF A PERSON, WHO IS PLACED WITH OR  COMMITTED  TO  THE  CUSTODY  OF  THE
   27  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  SHALL  BE  OPEN  TO AND BE
   28  PROVIDED:
   29    (1) TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER  OPER-
   30  ATED  BY SUCH OFFICE OR NOT, IN WHICH SUCH PERSON IS PLACED OR COMMITTED
   31  AS A JUVENILE DELINQUENT, JUVENILE OFFENDER OR YOUTHFUL OFFENDER BY  THE
   32  OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
   33  IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
   34  REHABILITATION OR GUIDANCE OF THE PERSON;
   35    (2) IN THE EVENT SUCH PERSON ENGAGES IN  CONDUCT  OR  COMMITS  AN  ACT
   36  WHICH  WOULD  CONSTITUTE  A CRIME DEFINED IN THE PENAL LAW IF THE PERSON
   37  WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE PENAL LAW, TO THE  COURT,
   38  THE  PRESENTMENT AGENCY OR DISTRICT ATTORNEY, AND SUCH PERSON'S ATTORNEY
   39  UPON THE FILING OF CHARGES AGAINST THE PERSON RELATING  TO  SUCH  CRIME;
   40  AND
   41    (3)  TO ANY FOSTER PARENTS HAVING CUSTODY OF SUCH PERSON AFTER RELEASE
   42  FROM THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   43    S 12. Section 720.35 of the  criminal  procedure  law  is  amended  by
   44  adding a new subdivision 5 to read as follows:
   45    5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
   46  ALL OFFICIAL RECORDS AND PAPERS OF A YOUTHFUL OFFENDER, WHO IS COMMITTED
   47  TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  BE
   48  OPEN TO AND BE PROVIDED TO:
   49    (A)  THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPERATED
   50  BY SUCH OFFICE OR NOT, IN WHICH THE OFFENDER IS COMMITTED BY THE  OFFICE
   51  OF  CHILDREN  AND  FAMILY  SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE IS
   52  RESPONSIBLE FOR THE CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,  REHA-
   53  BILITATION OR GUIDANCE OF THE YOUTHFUL OFFENDER;
   54    (B)  IN THE EVENT THE YOUTHFUL OFFENDER COMMITS A CRIME DEFINED IN THE
   55  PENAL LAW, TO  THE  COURT,  THE  DISTRICT  ATTORNEY,  AND  THE  YOUTHFUL
       S. 2625                             9
    1  OFFENDER'S  ATTORNEY  UPON  THE  FILING OF CHARGES AGAINST SUCH OFFENDER
    2  RELATING TO SUCH CRIME; AND
    3    (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH YOUTHFUL OFFENDER
    4  AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
    5  SERVICES.
    6    S  13.  Section  725.15  of  the criminal procedure law, as amended by
    7  chapter 7 of the laws of 2007, is amended to read as follows:
    8  S 725.15 Sealing of records.
    9    1. Except where specifically required or permitted by statute or  upon
   10  specific  authorization  of the court that directed removal of an action
   11  to the family court all official records and papers of the action up  to
   12  and  including  the  order of removal, whether on file with the court, a
   13  police agency or the division of criminal justice services,  are  confi-
   14  dential  and  must  not  be  made  available  to any person or public or
   15  private agency, provided however that availability of copies of any such
   16  records and papers on file with the family court shall  be  governed  by
   17  provisions that apply to family court records, and further provided that
   18  all official records and papers of the action shall be included in those
   19  records and reports that may be obtained upon request by the commission-
   20  er of mental health or commissioner of [mental retardation and] develop-
   21  mental  disabilities,  as  appropriate;  the  case review panel; and the
   22  attorney general pursuant to section 10.05 of the mental hygiene law.
   23    2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
   24  ALL  OFFICIAL  RECORDS  AND  PAPERS  OF AN ACTION RELATING TO A JUVENILE
   25  OFFENDER, WHO IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES
   26  SHALL BE OPEN TO AND BE PROVIDED:
   27    (A)  TO THE STAFF MEMBERS AND EMPLOYEES OF THE FACILITY, WHETHER OPER-
   28  ATED BY SUCH OFFICE OR NOT, IN WHICH  THE  OFFENDER  IS  PLACED  BY  THE
   29  OFFICE OF CHILDREN AND FAMILY SERVICES WHEN THE STAFF MEMBER OR EMPLOYEE
   30  IS  RESPONSIBLE  FOR  THE  CARE, CUSTODY, TREATMENT, HOUSING, EDUCATION,
   31  REHABILITATION OR GUIDANCE OF THE JUVENILE OFFENDER;
   32    (B) IN THE EVENT THE JUVENILE OFFENDER ENGAGES IN CONDUCT  OR  COMMITS
   33  AN  ACT  WHICH  WOULD CONSTITUTE A CRIME DEFINED IN THE PENAL LAW IF THE
   34  OFFENDER WAS AN ADULT OR COMMITS A CRIME DEFINED IN THE  PENAL  LAW,  TO
   35  THE  COURT,  THE  PRESENTMENT  AGENCY  OR  DISTRICT  ATTORNEY,  AND SUCH
   36  OFFENDER'S ATTORNEY UPON THE FILING  OF  CHARGES  AGAINST  THE  JUVENILE
   37  OFFENDER RELATING TO SUCH CRIME; AND
   38    (C)  TO  ANY  FOSTER  PARENTS HAVING CUSTODY OF SUCH JUVENILE OFFENDER
   39  AFTER RELEASE FROM THE CUSTODY OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
   40  SERVICES.
   41    S  14. Subdivision 2 of section 212 of the judiciary law is amended by
   42  adding a new paragraph (s) to read as follows:
   43    (S) ADOPT RULES, ORDERS AND FORMS PROVIDING FOR THE PROVISION  OF  THE
   44  OFFICIAL  RECORDS AND PAPERS OF JUVENILE DELINQUENTS, JUVENILE OFFENDERS
   45  AND YOUTHFUL OFFENDERS  PURSUANT  TO  SUBDIVISION  (A)  OF  SECTION  ONE
   46  HUNDRED  SIXTY-SIX  OF THE FAMILY COURT ACT, SUBDIVISION FIVE OF SECTION
   47  720.35 OF THE CRIMINAL PROCEDURE LAW, AND  SUBDIVISION  TWO  OF  SECTION
   48  725.15 OF THE CRIMINAL PROCEDURE LAW.
   49    S  15.  Severability.  If  any clause, sentence, paragraph, section or
   50  part of this act shall be adjudged by any court of  competent  jurisdic-
   51  tion  to be invalid and after exhaustion of all further judicial review,
   52  the judgment shall not affect, impair or invalidate the remainder there-
   53  of, but shall be confined in its  operation  to  the  clause,  sentence,
   54  paragraph,  section or part of this act directly involved in the contro-
   55  versy in which the judgment shall have been rendered.
       S. 2625                            10
    1    S 16. This act shall take effect on the first of January next succeed-
    2  ing the date on which it shall have become a law; provided that,  effec-
    3  tive  immediately,  any rules and regulations necessary to implement the
    4  provisions of this act on  its  effective  date  are  authorized  to  be
    5  promulgated, repealed and/or amended on or before such date.