NY Exec L § 503 (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 2 - Facilities 503 - Detention.

§ 503. Detention.  1. The division shall establish regulations for the operation of secure and non-secure detention facilities pursuant to this article and section two hundred eighteen-a of the county law.   2. To assure  that  adequate,  suitable  and  conveniently  accessible accommodations  and  proper  care  will  be  available when required for detention, the division may contract for or establish, operate, maintain and certify secure and non-secure detention facilities  if  funds  shall have  been  made available for the lease or purchase and maintenance and operation of appropriate facilities.   3. Each social services district may establish, operate  and  maintain secure  and  non-secure detention facilities for the purposes defined in section five hundred two of this article. Each such  detention  facility shall  be  established,  operated and maintained in compliance with this article and the regulations of the division for youth.   4. The office of children and family services shall visit and  inspect all  facilities  used  for  detention  and  make periodic reports of the operation and adequacy of such facilities, and the need for provision of such facilities to the county executive, if there  be  one,  the  county legislature  and  the  family  court  judges of the county in which such facilities are located, and the office of court administration.   5. No detention facility shall receive or care for  children  detained pursuant  to  the  family court act or the criminal procedure law unless certified  by  the  division,  which  certification  shall   include   a maximum-capacity  which shall not be exceeded. No certification shall be issued or renewed unless such a facility has developed and implemented a procedure, consistent with appropriate collective bargaining  agreements and  applicable  provisions  of the civil service law, for reviewing and evaluating the backgrounds of and the information supplied by any person applying to be an employee, volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history,  provide  personal  and  employment references  and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a  crime in this state or any other jurisdiction.  (a) The division shall promulgate regulations governing procedures for certification  of  detention  facilities and for renewal, suspension and revocation of such certifications. Such regulations shall provide for  a hearing prior to the suspension or revocation of a certification.  (b)  The  office  of  children  and  family  services  may  suspend  a certification for good  cause  shown.  Suspension  shall  mean  that  no persons  coming  within  the provisions of article three or seven of the family court act and no alleged or convicted juvenile  offender  may  be received  for  care in a detention facility, but persons already in care may remain in care. The office may impose such conditions in  the  event of a suspension as it shall deem necessary and proper.  (c)  Such  office  may  revoke  a  certification for good cause shown. Revocation shall mean that no persons coming within  the  provisions  of article  three  or  seven  of  the  family  court  act and no alleged or convicted juvenile offender may be received for care nor remain  at  the detention facility.   6.  The  division  shall be responsible for bringing violations of law pertaining  to  detention  of  juveniles  to  the  attention   of   each appropriate  attorney for the child or counsel for the defendant who may petition for habeas corpus for persons aggrieved thereby.   7. The person in charge of each detention facility shall keep a record of all time spent in such facility for each youth in care. The detention facility shall deliver a certified transcript  of  such  record  to  the office,  social services district, or other agency taking custody of the  youth pursuant to article three  or  seven  of  the  family  court  act, before,  or  at  the  same time as the youth is delivered to the office, district or other agency, as is appropriate.   8.  The division shall list all facilities certified for the detention of children and shall file a copy of that  list  periodically  with  the clerk  of  the  family  court  in each county, the clerk of the criminal court of the city of New York, the clerk of the supreme  court  in  each county  within the city of New York and the clerk of the county court in each county outside the city of New York.   9. Notwithstanding any other provision of law, the office of  children and  family  services  in  consultation  with  the  state  commission of correction  shall  jointly  regulate,  certify,  inspect  and  supervise specialized secure detention facilities for adolescent offenders.