NY Cty L § 218-A (2021)
2021 New York Laws CNT - County Article 5 - General Powers of Board of Supervisors 218-A - County Detention Facilities for Juvenile Delinquents and Persons in Need of Supervision.

§  218-a.  County  detention  facilities  for juvenile delinquents and   persons  in  need  of  supervision.  A.  To  assure  that  suitable  and   conveniently accessible accommodations and proper and adequate detention   in  secure  and  non-secure  detention facilities, as defined in section   five hundred two of  the  executive  law  and  the  regulations  of  the   division  for  youth,  will be available when required for the temporary   care,  maintenance  and  security  of  alleged  and  convicted  juvenile   offenders,  alleged and adjudicated juvenile delinquents and alleged and   adjudicated persons in need of supervision. Such regulations  shall  not   require  any  county  to  provide  temporary  care in a secure detention   facility for residents of any other county except upon a space available   basis. The county executive, if there be one,  otherwise  the  board  of   supervisors  shall designate the agency of county government responsible   for the administration of the  county  juvenile  detention  program  and   shall  so  advise  the  New  York state division for youth, and may make   provisions therefor as follows:1. Provide for the continued operation  of  the  county's  established   detention  facility,  so  long  as  it  complies with regulations of the   division for youth, and is certified by that division.2. Authorize a contract between its  county  and  one  or  more  other   counties,  which is or are operating a conveniently accessible detention   facility certified by the division for  youth  and  in  compliance  with   regulations  of  the  division  for  youth, providing for the reception,   temporary  accommodation  and  care  in  such  facility  of  alleged  or   adjudicated juvenile delinquents and persons in need of supervision held   for or at the direction of its family court, for and in consideration of   the payments to be made therefor, on a per capita basis, pursuant to the   terms of such contract.3.  Authorize  a  contract  between  its  county and one or more other   counties providing for the joint operation and maintenance by them of an   already established county detention facility  certified  by  the  state   division  for  youth  and operated and maintained in compliance with the   regulations of the division for youth, which is conveniently  accessible   to  the  counties concerned. Such authorization and contract may include   provisions for remodeling or enlarging the building of such facility.4. Authorize a contract between its  county  and  one  or  more  other   counties   providing   for   the   joint  establishment,  operation  and   maintenance by such counties of a new joint  county  detention  facility   which shall be located on a site conveniently accessible to the counties   concerned  and  which shall be certified by the state division for youth   and which shall be established, operated and  maintained  in  compliance   with the regulations of the division for youth.5. The resolution providing for joint action under three or four above   shall  be  adopted  by  the  board of supervisors of each of the several   counties affected, and a committee composed of at least  one  member  of   each  of  such  boards  shall  be  created to acquire the necessary real   property in the name of the counties affected, and as the joint agent of   such counties such committee shall  have  charge  of  the  construction,   equipment,  maintenance  and  operation  of  such joint county detention   facility and, with the advice of an advisory committee consisting of the   judge of the family court and the commissioner  of  social  services  of   each  of  said counties, shall supervise and control the maintenance and   operation of such joint county detention facility. The  said  resolution   may  specify  the matters as to which the action of such committee shall   require the joint approval of the  boards  of  supervisors  of  all  the   counties  affected  and  shall  prescribe the proportions to be borne by   each of the several counties affected of the costs of acquisition of the   site and of construction of a new joint county  detention  facility  and    the  proportions to be borne by each of the several counties affected of   the costs of operation of such joint county detention facility,  whether   established  by new joint acquisition and construction or by utilization   of an existing county detention facility. The moneys to pay the share to   be  borne  by each county affected shall be provided by appropriation in   such amounts and at such times as may be agreed upon.6. Notwithstanding any other  provision  of  law,  commencing  October   first,  two  thousand  eighteen,  a  county  must  provide  for adequate   detention of alleged or convicted adolescent offenders in a  specialized   secure  detention  facility for older youth who are alleged or convicted   of committing an offense  when  they  were  sixteen  years  of  age  and   commencing  October  first, two thousand nineteen, a county must provide   for adequate detention of alleged or convicted adolescent offenders in a   specialized secure detention facility for older youth who are alleged or   convicted of committing an offense when they were sixteen  or  seventeen   years  of  age.  Such  facility  shall be certified and regulated by the   office of children and family services in  conjunction  with  the  state   commission  of  correction.  Such  facility  shall:  (i)  have  enhanced   security features and specially  trained  staff;  and  (ii)  be  jointly   administered by the agency of county government designated in accordance   with  subdivision  A  of this section and the applicable county sheriff,   which both shall have the power to perform all acts necessary  to  carry   out  their  duties. The county sheriff shall be subject to the same laws   that apply to the designated county agency regarding the protection  and   confidentiality  of the information about the youth in such facility and   shall prevent access thereto by, or the distribution thereof to, persons   not authorized by law.B.  Notwithstanding  any  other  provision  of  law,  each  board   of   supervisors  shall  provide  or  assure the availability of conveniently   accessible and adequate non-secure detention  facilities,  certified  by   the  state  division for youth, as resources for the family court in the   county pursuant to articles seven and three of the family court act,  to   be operated in compliance with the regulations of the division for youth   for  the  temporary  care  and  maintenance  of  alleged and adjudicated   juvenile delinquents and persons in need of supervision held for  or  at   the direction of a family court.C.  Each  county shall offer diversion services to children who are at   risk of being the subject of a  petition  under  article  seven  of  the   family  court  act.  Such  services  shall  be  designed  to  provide an   immediate response to families in crisis and  to  identify  and  utilize   appropriate alternatives to juvenile detention.