NY Exec L § 530 (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 4 - Support and Reimbursement 530 - Reimbursement for Detention.

§ 530. Reimbursement  for detention.   1. Definitions. As used in this section, the term "municipality" shall mean a county, or a city having a population of one million or more.   2. Expenditures made by municipalities in providing care,  maintenance and  supervision to youth in detention facilities designated pursuant to section 305.2 of the  family  court  act  and  certified  by  office  of children  and  family services, shall be subject to reimbursement by the state, as follows:  (a) Notwithstanding any provision of law  to  the  contrary,  eligible expenditures  by a municipality during a particular program year for the care, maintenance and supervision in  secure  and  non-secure  detention facilities  certified  by  the  office  in  accordance with section five hundred three of this article for those youth  alleged  to  be  juvenile delinquents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the  office  of  children  and  family  services  pending  extension  of placement hearings or release  revocation  hearings  or  while  awaiting disposition  of  such  hearings; and youth alleged to be or convicted as juvenile offenders, youthful  offenders  and  adolescent  offenders  and prior to January first, two thousand twenty, youth alleged to be persons in  need  of  supervision  or adjudicated persons in need of supervision held pending transfer to  a  facility  upon  placement  in  foster  care programs  certified  by  the  office  of  children  and family services, certified or approved foster boarding  homes  and  non-secure  detention facilities   certified   by  the  office,  shall  be  subject  to  state reimbursement  for  up  to   fifty   percent   of   the   municipality's expenditures,  exclusive  of  any  federal funds made available for such purposes, not to exceed the municipality's distribution from funds  that have  been  appropriated  specifically  therefor  for that program year. Municipalities shall implement the  use  of  detention  risk  assessment instruments  in  a  manner  prescribed  by  the  office  so as to inform detention decisions. Notwithstanding any other provision of state law to the  contrary,  data  necessary  for  completion  of  a  detention  risk assessment  instrument  may  be shared among law enforcement, probation, courts, detention administrators, detention providers, and the  attorney for  the  child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and  a  copy  of the  completed  detention  risk  assessment  instrument  shall  be  made available to the applicable detention provider,  the  attorney  for  the child and the court.  (b) The state funds appropriated for juvenile detention services shall be  distributed to eligible municipalities by the office of children and family services based on a  plan  developed  by  the  office  which  may consider  historical  information regarding the number of youth remanded to detention, the municipality's reduction in the use of detention,  the municipality's  youth population, and other factors as determined by the office. Such plan developed by  the  office  shall  be  subject  to  the approval of the director of the budget. The office is authorized, in its discretion,   to   make  advance  distributions  to  a  municipality  in anticipation of state reimbursement.  (c) A municipality may also  use  the  funds  distributed  to  it  for juvenile  detention services under this section for a particular program year for sixty-two percent of a municipality's eligible expenditures for supervision and treatment services for juveniles programs approved under section five hundred twenty-nine-b of this title for services that  were not  reimbursed  from  a  municipality's distribution under such program provided to at-risk, alleged  or  adjudicated  juvenile  delinquents  or persons  alleged or adjudicated to be in need of supervision, or alleged  to  be  or  convicted   as   juvenile   offenders   in   community-based non-residential  settings.  Any  claims  submitted by a municipality for reimbursement  for  detention  services  or  supervision  and  treatment services  for  juveniles  provided  during a particular program year for which the municipality does not receive  state  reimbursement  from  the municipality's distribution of detention services funds for that program year may not be claimed against the municipality's distribution of funds available  under  this section for the next applicable program year. The office  may  require  that  such  claims  be  submitted  to  the  office electronically  at  such  times and in the manner and format required by the office.  (d) (i) Notwithstanding any provision of  law  or  regulation  to  the contrary,  any  information  or  data  necessary  for  the  development, validation or revalidation of the detention risk  assessment  instrument shall  be  shared  among  local  probation  departments,  the  office of probation and correctional alternatives and,  where  authorized  by  the division  of  criminal  justice services, the entity under contract with the division to provide information technology services related to youth assessment and screening, the office of children  and  family  services, and  any  entity  under  contract with the office of children and family services to provide services relating to the development, validation  or revalidation  of  the  detention  risk  assessment  instrument. Any such information and data shall not be commingled with any  criminal  history database.  Any  information  and  data  used and shared pursuant to this section shall only be used and shared for the purposes of  this  section and  in  accordance  with this section. Such information shall be shared and received in a manner  that  protects  the  confidentiality  of  such information.  The  sharing,  use,  disclosure  and  redisclosure of such information to any person, office,  or  other  entity  not  specifically authorized  to  receive  it pursuant to this section or any other law is prohibited.  (ii) The office of children and family  services  shall  consult  with individuals  with  professional  research  experience  and  expertise in criminal  justice;  social   work;   juvenile   justice;   and   applied mathematics,  psychometrics  and/or  statistics  to assist the office in determining the method it will use to: develop, validate and  revalidate such detention risk assessment instrument; and analyze the effectiveness of the use of such detention risk assessment instrument in accomplishing its  intended  goals;  and  analyze, to the greatest extent possible any disparate impact on detention outcomes for juveniles based on race, sex, national  origin,  economic  status  and  any   other   constitutionally protected  class, regarding the use of such instrument. The office shall consult with such individuals regarding whether  it  is  appropriate  to attempt  to  analyze whether there is any such disparate impact based on sexual orientation  and,  if  so,  the  best  methods  to  conduct  such analysis.  The  office shall take into consideration any recommendations given by such individuals involving improvements that could be  made  to such instrument and process.  (iii) Data collected for the purposes of completing the detention risk assessment   instrument   from  any  source  other  than  an  officially documented record shall be confirmed as soon as practicable. Should  any data originally utilized in completing the risk assessment instrument be found  to  conflict  with  the  officially  documented  record, the risk assessment instrument shall be completed with the officially  documented data  and any corresponding revision to the risk categorization shall be made.  The  office  shall  periodically  revalidate  any  approved  risk assessment  instrument. The office shall conspicuously post any approved detention risk assessment instrument on its  website  and  shall  confer  with  appropriate  stakeholders, including but not limited to, attorneys for children, presentment agencies, probation,  and  the  family  court, prior  to  revising  any  validated risk assessment instrument. Any such revised   risk  assessment  instrument  shall  be  subject  to  periodic empirical validation.   3. Wherever detention services are not provided directly or indirectly by a municipality,  the  municipality  shall  act  as  the  intermediary between  the  office  of  children  and  family  services and the agency lawfully providing such  services,  for  the  purpose  of  claiming  and receiving  reimbursement, furnishing financial information and obtaining approval for reserved accommodations pursuant to this section.   4. (a) The municipality must notify the office of children and  family services  of  state  aid received under other state aid formulas by each detention facility for which the municipality is  seeking  reimbursement pursuant  to  this  section,  including  but  not  limited  to,  aid for education, probation and mental health services.  (b) In computing reimbursement to the municipality  pursuant  to  this section,  the  office shall insure that the aggregate of state aid under all state aid formulas shall not exceed fifty percent  of  the  cost  of care,  maintenance  and  supervision  provided to detainees eligible for state reimbursement under subdivision two of this section, exclusive  of federal  aid  for  such  purposes  not  to  exceed  the  amount  of  the municipality's  distribution  under  the  juvenile  detention   services program.  (c)  Reimbursement  for administrative related expenditures as defined by the office of children and family services, for secure and  nonsecure detention  services  shall  not  exceed  seventeen  percent of the total approved expenditures for facilities of twenty-five  beds  or  more  and shall  not  exceed twenty-one percent of the total approved expenditures for facilities with less than twenty-five beds.   5. (a) Except as provided in paragraph (b) of this subdivision,  care, maintenance  and  supervision for the purpose of this section shall mean and include only:  (1) temporary care, maintenance and supervision  provided  to  alleged juvenile  delinquents  in  detention  facilities  certified  pursuant to section 305.2 of the family court act by  the  office  of  children  and family  services,  pending  adjudication  of  alleged delinquency by the family court, or pending transfer to institutions to which committed  or placed  by  such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as principal is under seventeen years  of  age; or  (1-a)  commencing  on  October first, two thousand nineteen, temporary care,  maintenance,  and  supervision  provided  to   alleged   juvenile delinquents  in detention facilities certified by the office of children and family services, pending adjudication of alleged delinquency by  the family  court, or pending transfer to institutions to which committed or placed by such court or while awaiting disposition by such  court  after adjudication or held pursuant to a securing order of a criminal court if the person named therein as principal is under twenty-one; or  (2)  temporary  care,  maintenance  and  supervision provided juvenile delinquents in approved detention  facilities  at  the  request  of  the office  of  children  and  family  services  pending  release revocation hearings or while awaiting disposition after such hearings; or  (3) temporary care, maintenance and supervision in approved  detention facilities  for  youth  held  pursuant  to  the  family court act or the interstate compact on  juveniles,  pending  return  to  their  place  of residence or domicile; or  (4)  prior  to  January  first,  two  thousand  twenty temporary care, maintenance and supervision  provided  youth  detained  in  foster  care facilities  or  certified  or approved family boarding homes pursuant to article seven of the family court act.  (b)  Payments made for reserved accommodations, whether or not in full time use, approved and certified by the office of  children  and  family services  and  certified  pursuant  to section 305.2 of the family court act, in order to assure that adequate accommodations will  be  available for  the  immediate reception and proper care therein of youth for which detention costs are reimbursable  pursuant  to  paragraph  (a)  of  this subdivision,  shall  be reimbursed as expenditures for care, maintenance and supervision under the  provisions  of  this  section,  provided  the office   shall   have  given  its  prior  approval  for  reserving  such accommodations.   6. The office of children and family services  may  adopt,  amend,  or rescind  all  rules  and  regulations,  subject  to  the approval of the director of the budget and certification to the chairmen of  the  senate finance  and  assembly ways and means committees, necessary to carry out the provisions of this section.   7. The agency administering detention for each county and the city  of New  York shall submit to the office of children and family services, at such times and in such form and manner and containing  such  information as  required  by  the  office of children and family services, an annual report on youth remanded pursuant to  article  three  or  seven  of  the family  court  act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk  level  of  each detained  youth  as  assessed  by a detention risk assessment instrument approved by  the  office  of  children  and  family  services  provided, however,  that the report due January first, two thousand twenty-one and thereafter shall not be required to contain any information on youth who are subject to article seven of the family court  act.  The  office  may require  that  such  data  on  detention  use be submitted to the office electronically. Such report shall include, but not be  limited  to,  the reason for the court's determination in accordance with section 320.5 or seven  hundred  thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and  all  other reasons  why  the  youth  remains  detained.  The  office shall submit a compilation of  all  the  separate  reports  to  the  governor  and  the legislature.   8. Notwithstanding any law to the contrary, on or after January first, two  thousand  twenty, the state shall not reimburse for the cost of the detention of any person in need of supervision under  article  seven  of the family court act.