2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › 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.