2023 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.