N.Y. FCT Law § 301.2 — New York Code / Act FCT / Article 3 / Part 1 / Section 301.2
Definitions
Status: in_force

§ 301.2. Definitions. As used in this article, the following terms\nshall have the following meanings:\n  1. "Juvenile delinquent" means:\n  (a)(i) a person at least twelve and less than eighteen years of age,\nhaving committed an act that would constitute a crime if committed by an\nadult; or\n  (ii) a person over sixteen and less than seventeen years of age or, a\nperson over sixteen and less than eighteen years of age commencing\nOctober first, two thousand nineteen, having committed an act that would\nconstitute a violation as defined by subdivision three of section 10.00\nof the penal law if committed by an adult, where such violation is\nalleged to have occurred in the same transaction or occurrence of the\nalleged criminal act; or\n  (iii) a person over the age of seven and less than twelve years of age\nhaving committed an act that would constitute one of the following\ncrimes, if committed by an adult: (A) aggravated criminally negligent\nhomicide as defined in section 125.11 of the penal law; (B) vehicular\nmanslaughter in the second degree as defined in section 125.12 of the\npenal law; (C) vehicular manslaughter in the first degree as defined in\nsection 125.13 of the penal law; (D) aggravated vehicular homicide as\ndefined in section 125.14 of the penal law; (E) manslaughter in the\nsecond degree as defined in section 125.15 of the penal law; (F)\nmanslaughter in the first degree as defined in section 125.20 of the\npenal law; (G) aggravated manslaughter in the second degree as defined\nin section 125.21 of the penal law; (H) aggravated manslaughter in the\nfirst degree as defined in section 125.22 of the penal law; (I) murder\nin the second degree as defined in section 125.25 of the penal law; (J)\naggravated murder as defined in section 125.26 of the penal law; and (K)\nmurder in the first degree as defined in section 125.27 of the penal\nlaw; and\n  (b) who is:\n  (i) not criminally responsible for such conduct by reason of infancy;\nor\n  (ii) the defendant in an action ordered removed from a criminal court\nto the family court pursuant to article seven hundred twenty-five of the\ncriminal procedure law.\n  2. "Respondent" means the person against whom a juvenile delinquency\npetition is filed pursuant to section 310.1. Provided, however, that any\nact of the respondent required or authorized under this article may be\nperformed by his or her attorney unless expressly provided otherwise.\n  3. "Detention" means the temporary care and maintenance of children\naway from their own homes, as defined in section five hundred two of the\nexecutive law. Detention of a person alleged to be or adjudicated as a\njuvenile delinquent shall be authorized only in a facility certified by\nthe division for youth as a detention facility pursuant to section five\nhundred three of the executive law.\n  4. "Secure detention facility" means a facility characterized by\nphysically restricting construction, hardware and procedures.\n  5. "Non-secure detention facility" means a facility characterized by\nthe absence of physically restricting construction, hardware and\nprocedures.\n  6. "Fact-finding hearing" means a hearing to determine whether the\nrespondent or respondents committed the crime or crimes alleged in the\npetition or petitions.\n  7. "Dispositional hearing" means a hearing to determine whether the\nrespondent requires supervision, treatment or confinement.\n  8. "Designated felony act" means an act which, if done by an adult,\nwould be a crime: (i) defined in sections 125.27 (murder in the first\ndegree); 125.25 (murder in the second degree); 135.25 (kidnapping in the\nfirst degree); or 150.20 (arson in the first degree) of the penal law\ncommitted by a person thirteen, fourteen, fifteen, sixteen, or seventeen\nyears of age; or such conduct committed as a sexually motivated felony,\nwhere authorized pursuant to section 130.91 of the penal law; (ii)\ndefined in sections 120.10 (assault in the first degree); 125.20\n(manslaughter in the first degree); 130.35 (rape in the first degree);\n130.50 (criminal sexual act in the first degree); 130.70 (aggravated\nsexual abuse in the first degree); 135.20 (kidnapping in the second\ndegree) but only where the abduction involved the use or threat of use\nof deadly physical force; 150.15 (arson in the second degree) or 160.15\n(robbery in the first degree) of the penal law committed by a person\nthirteen, fourteen, fifteen, sixteen, or seventeen years of age; or such\nconduct committed as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law; (iii) defined in the penal\nlaw as an attempt to commit murder in the first or second degree or\nkidnapping in the first degree committed by a person thirteen, fourteen,\nfifteen, sixteen, or seventeen years of age; or such conduct committed\nas a sexually motivated felony, where authorized pursuant to section\n130.91 of the penal law; (iv) defined in section 140.30 (burglary in the\nfirst degree); subdivision one of section 140.25 (burglary in the second\ndegree); subdivision two of section 160.10 (robbery in the second\ndegree) of the penal law; or section 265.03 of the penal law, where such\nmachine gun or such firearm is possessed on school grounds, as that\nphrase is defined in subdivision fourteen of section 220.00 of the penal\nlaw committed by a person fourteen, fifteen, sixteen, or seventeen years\nof age; or such conduct committed as a sexually motivated felony, where\nauthorized pursuant to section 130.91 of the penal law; (v) defined in\nsection 120.05 (assault in the second degree) or 160.10 (robbery in the\nsecond degree) of the penal law committed by a person fourteen, fifteen,\nsixteen or seventeen years of age but only where there has been a prior\nfinding by a court that such person has previously committed an act\nwhich, if committed by an adult, would be the crime of assault in the\nsecond degree, robbery in the second degree or any designated felony act\nspecified in paragraph (i), (ii), or (iii) of this subdivision\nregardless of the age of such person at the time of the commission of\nthe prior act; (vi) other than a misdemeanor committed by a person at\nleast twelve but less than eighteen years of age, but only where there\nhave been two prior findings by the court that such person has committed\na prior act which, if committed by an adult, would be a felony.\n  9. "Designated class A felony act" means a designated felony act that\nwould constitute a class A felony if committed by an adult.\n  10. "Secure facility" means a residential facility in which the\nrespondent may be placed under this article, which is characterized by\nphysically restricting construction, hardware and procedures, and is\ndesignated as a secure facility by the division for youth.\n  11. "Restrictive placement" means a placement pursuant to section\n353.5.\n  12. "Presentment agency" means the agency or authority which pursuant\nto section two hundred fifty-four or two hundred fifty-four-a is\nresponsible for presenting a juvenile delinquency petition.\n  13. "Incapacitated person" means a respondent who, as a result of\nmental illness, or intellectual or developmental disability as defined\nin subdivisions twenty and twenty-two of section 1.03 of the mental\nhygiene law, lacks capacity to understand the proceedings against him or\nher or to assist in his or her own defense.\n  14. Any reference in this article to the commission of a crime\nincludes any act which, if done by an adult, would constitute a crime.\n  15. "Aggravated circumstances" shall have the same meaning as the\ndefinition of such term in subdivision (j) of section one thousand\ntwelve of this act.\n  16. "Permanency hearing" means an initial hearing or subsequent\nhearing held in accordance with the provisions of this article for the\npurpose of reviewing the foster care status of the respondent and the\nappropriateness of the permanency plan developed by the commissioner of\nsocial services or the office of children and family services.\n  17. "Designated educational official" shall mean (a) an employee or\nrepresentative of a school district who is designated by the school\ndistrict or (b) an employee or representative of a charter school or\nprivate elementary or secondary school who is designated by such school\nto receive records pursuant to this article and to coordinate the\nstudent's participation in programs which may exist in the school\ndistrict or community, including: non-violent conflict resolution\nprograms, peer mediation programs and youth courts, extended day\nprograms and other school violence prevention and intervention programs\nwhich may exist in the school district or community. Such notification\nshall be kept separate and apart from such student's school records and\nshall be accessible only by the designated educational official. Such\nnotification shall not be part of such student's permanent school record\nand shall not be appended to or included in any documentation regarding\nsuch student and shall be destroyed at such time as such student is no\nlonger enrolled in the school district. At no time shall such\nnotification be used for any purpose other than those specified in this\nsubdivision.\n