NY Exec L § 508 (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 2 - Facilities 508 - Juvenile Offender and Adolescent Offender Facilities.

§ 508.  Juvenile  offender  and adolescent offender facilities. 1. The   office of children and family services shall maintain secure  facilities   for  the  care  and  confinement  of  juvenile  offenders and adolescent   offenders committed for a sentence pursuant to the sentencing provisions   of the penal law. Such facilities shall provide appropriate services  to   juvenile offenders and adolescent offenders including but not limited to   residential  care,  educational  and  vocational  training, physical and   mental health services, and employment counseling.2. Juvenile offenders and adolescent offenders shall  be  confined  in   such  facilities  until  the  age of twenty-one in accordance with their   sentences, and shall not  be  released,  discharged  or  permitted  home   visits except pursuant to the provisions of this section.3.  The office of children and family services shall report in writing   to the sentencing court and district attorney, not less than once  every   six  months during the period of confinement, on the status, adjustment,   programs and progress of the offender.The office of children and family services may  transfer  an  offender   not less than eighteen years of age to the department of corrections and   community supervision if the commissioner of the office certifies to the   commissioner  of  corrections and community supervision that there is no   substantial likelihood that the youth will  benefit  from  the  programs   offered by office facilities.4.  The  office  of  children  and  family  services  may apply to the   sentencing court for permission  to  transfer  a  youth  not  less  than   sixteen  nor  more  than  eighteen  years  of  age  to the department of   corrections and community supervision. Such application  shall  be  made   upon  notice  to  the  youth, who shall be entitled to be heard upon the   application and to be represented by counsel. The court shall grant  the   application  if  it is satisfied that there is no substantial likelihood   that the youth will benefit from the  programs  offered  by  the  office   facilities.5. The office of children and family services may transfer an offender   not  less  than  eighteen  nor  more than twenty-one years of age to the   department of corrections and community supervision if the  commissioner   of the office certifies to the commissioner of corrections and community   supervision  that there is no substantial likelihood that the youth will   benefit from the programs offered by office facilities.6. At age twenty-one, all juvenile offenders shall be  transferred  to   the  custody  of the department of corrections and community supervision   for confinement pursuant to the correction law.7. While in the custody of the office of children and family services,   an offender shall be subject to the rules and regulations of the office,   except that his or her parole, temporary release and discharge shall  be   governed  by  the  laws  applicable to incarcerated individuals of state   correctional facilities and his or her transfer to  state  hospitals  in   the  office  of  mental health shall be governed by section five hundred   nine of this  title;  provided,  however,  that  an  otherwise  eligible   offender  may  receive  the  six-month limited credit time allowance for   successful participation in one or more programs developed by the office   of children and family services that are comparable to the programs  set   forth  in  section  eight  hundred three-b of the correction law, taking   into consideration the age of offenders. The commissioner of the  office   of  children  and  family services shall, however, establish and operate   temporary release programs at office of  children  and  family  services   facilities  for eligible juvenile offenders and adolescent offenders and   contract with the department of corrections  and  community  supervision   for   the   provision  of  parole  supervision  services  for  temporary   releasees. The rules and regulations for these  programs  shall  not  be    inconsistent   with   the  laws  for  temporary  release  applicable  to   incarcerated individuals  of  state  correctional  facilities.  For  the   purposes  of  temporary  release  programs  for  juvenile  offenders and   adolescent  offenders  only,  when  referred  to  or  defined in article   twenty-six of the correction law, "institution" shall mean any  facility   designated  by  the  commissioner  of  the office of children and family   services, "department" shall mean the  office  of  children  and  family   services,  "incarcerated  individual"  shall mean a juvenile offender or   adolescent offender  residing  in  an  office  of  children  and  family   services facility, and "commissioner" shall mean the commissioner of the   office of children and family services. Time spent in office of children   and  family  services  facilities  and  in juvenile detention facilities   shall be credited towards the sentence imposed in the same manner and to   the  same  extent  applicable  to  incarcerated  individuals  of   state   correctional facilities.8.  Whenever  a  juvenile  offender, adolescent offender or a juvenile   offender or adolescent offender adjudicated a youthful offender shall be   delivered to the director of an office of children and  family  services   facility  pursuant  to a commitment to the office of children and family   services, the officer so delivering such person shall  deliver  to  such   facility  director  a  certified  copy  of the sentence received by such   officer from the clerk of the court by which such person shall have been   sentenced, a copy of the report of the probation officer's investigation   and report, any other pre-sentence memoranda filed  with  the  court,  a   copy  of  the  person's  fingerprint  records,  a  detailed  summary  of   available medical records, psychiatric records and reports  relating  to   assaults,  or  other  violent acts, attempts at suicide or escape by the   person while in the custody of a local detention facility.9. Notwithstanding  any  provision  of  law,  including  section  five   hundred  one-c  of  this  article,  the  office  of  children and family   services shall make records pertaining to a person convicted  of  a  sex   offense  as  defined  in  subdivision (p) of section 10.03 of the mental   hygiene law available upon request to the commissioner of mental  health   or  the  commissioner  of  the  office  for  people  with  developmental   disabilities, as appropriate; a case  review  panel;  and  the  attorney   general;  in accordance with the provisions of article ten of the mental   hygiene law.