2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › Title 4 - Support and Reimbursement › 529-B - Supervision and Treatment Services for Juveniles Program.

§  529-b. Supervision and treatment services for juveniles program. 1.
(a) Notwithstanding any provision  of  law  to  the  contrary,  eligible
expenditures  by  an  eligible  municipality for services to divert from
detention, residential placement or confinement,  as  applicable,  youth
who  are:  (i)  at  risk  of,  alleged to be, or adjudicated as juvenile
delinquents; (ii) at risk of, or alleged to be or adjudicated as persons
in need of supervision; (iii) alleged to be  or  convicted  as  juvenile
offenders; (iv) alleged to be or convicted as youthful offenders; or (v)
alleged  to  be or convicted as adolescent offenders shall be subject to
state reimbursement under the supervision  and  treatment  services  for
juveniles  program  for  up  to  sixty-two percent of the municipality's
expenditures, subject to available appropriations and exclusive  of  any
federal  funds  made  available  for  such  purposes,  not to exceed the
municipality's distribution under the supervision and treatment services
for juveniles program.
(b) The state funds appropriated for  the  supervision  and  treatment
services   for  juveniles  program  shall  be  distributed  to  eligible
municipalities by the office of children and family services based on  a
plan  developed  by the office which may consider historical information
regarding the number of youth seen at probation intake  for  an  alleged
act  of  delinquency,  the  number  of  youth remanded to detention, the
number of juvenile delinquents placed with the  office,  the  number  of
juvenile  delinquents  and  persons  in  need  of  supervision placed in
residential care with the municipality, the municipality's reduction  in
the  use  of  detention and residential placements, and other factors as
determined by the office. Such plan developed by  the  office  shall  be
subject  to  the  approval  of the director of the budget. The office is
authorized, in its  discretion,  to  make  advance  distributions  to  a
municipality in anticipation of state reimbursement.
2. As used in this section, the term:
(a)  "municipality" shall mean a county, or a city having a population
of one million or more and
(b) "supervision and treatment  services  for  juveniles"  shall  mean
community-based  services  or programs designed to safely maintain youth
in the community pending a family court  disposition  or  conviction  in
criminal  court  and  services  or  programs  provided to eligible youth
pursuant to this section.
3. Supervision and treatment services for juveniles  may  include  but
are not limited to services or programs that:
(a)  provide  or  facilitate  support  to such youth for mental health
disorders, substance  abuse  problems,  or  learning  disabilities  that
contribute  to  such  youth  being  at  risk  for detention, residential
placement, confinement or return to detention or residential placement;
(a-1) provide or facilitate support  to  youth  who  are  eligible  to
receive  services  pursuant  to  subparagraph  (ii)  of paragraph (a) of
subdivision one of this section, and their families, in  family  support
services  programs in accordance with title twelve of article six of the
social services law;
(b) provide temporary respite care, including,  but  not  limited  to,
respite provided pursuant to article seven of the family court act;
(c)  provide  family  therapy  or support or explore alternate housing
options for youth who are at risk for detention or placement due to  the
absence of an available home;
(d)   provide  post-release  support  within  the  youth's  community,
including, but not limited to aftercare services; or
(e) reduce arrest rates or recidivism.
3-a. (a)  The  chief  executive  officer  of  the  municipality  shall
designate  a  lead agency for the purposes of planning and administering

the municipality's supervision  and  treatment  services  for  juveniles
program.    In  order  for  a  municipality  to  be  eligible to receive
reimbursement pursuant to this section, such municipality must submit an
annual  plan to the office of children and family services detailing how
the supervision and treatment services for juveniles  will  be  provided
within  the  municipality.  Two or more eligible municipalities within a
close geographic proximity to each other may enter into an agreement  to
jointly  seek  funding  for  and  jointly  administer  a supervision and
treatment services for juveniles programs to service eligible youth  and
families within such municipalities in accordance with this section. The
municipality  shall develop such plan in cooperation with the applicable
local  governmental   departments   responsible   for   probation,   law
enforcement,  detention,  diversion,  and  social services; and with the
courts, service providers, schools and youth development  programs.  The
plan   must   be   approved  by  the  chief  executive  officer  of  the
municipality, and must include:
(i) an analysis that identifies the neighborhoods or communities  from
which the greatest number of juvenile delinquents and persons in need of
supervision are remanded to detention or residentially placed;
(ii)  where  the  use  of  detention  or  residential placement in the
municipality shows a significant racial or ethnic disproportionality,  a
description  of  how the services proposed for funding will address such
disproportionality;
(iii) a description of how the  services  and  programs  proposed  for
funding  will  reduce  the number of youth from the municipality who are
detained and residentially or otherwise placed; how  such  services  and
programs  are family-focused; and whether such services and programs are
capable of being replicated across multiple sites;
(iv) a description of the demonstrated effectiveness of such  services
and  programs  or  other justification why the services and programs are
proposed for funding;
(v) projected performance outcomes for  such  services  and  programs,
including  an  estimate  of  the  anticipated  reductions  in  detention
utilization and residential placements,  and  other  projected  positive
outcomes for youth who participate in the services and programs; and
(vi) for each year that the municipality submits a plan as required by
this  section,  the  municipality must provide the following information
for the most recent preceding year for which such municipality  received
funding:
(A)  the number of youth who participated in the services and programs
funded pursuant to this section; and
(B)  whether  the  services  and  programs  achieved   the   projected
reductions in detention utilization and residential placements and other
performance outcomes.
(b) A municipality's plan shall be submitted to the office of children
and  family services for review and approval. The office may approve all
or part of the plan based on the potential effectiveness of the plan.
(i) If the office does not approve a plan, the municipality shall have
sixty days to submit an amended plan.
(ii) Upon approval of a plan, the office shall notify the municipality
and post the approved plan on the office of children and family services
website.
(c) The office may require that such claims be submitted to the office
electronically in the manner and format required by the office.
(d) Any municipality submitting claims for reimbursement shall certify
to the office that supervision  and  treatment  services  for  juveniles
program funds were not used to supplant other state and local funds, and
such  claims  for  reimbursement  are not for the same type and level of

services that the municipality provided under any contract in  existence
on  September  thirtieth,  two  thousand  ten that was funded other than
through the office of children and family services as community optional
preventive,  alternatives  to  detention,  alternatives  to  residential
placement, preventive, independent living, or after care services.
4. Two or more eligible municipalities may join together to establish,
operate and maintain supervision and treatment  services  for  juveniles
programs  and  may  make and perform agreements in connection therewith.
Such agreements shall include provisions for the proportionate  cost  to
be  borne  by  each  municipality  and  for  the manner of employment of
personnel and may provide that a fiscal officer of one such municipality
shall be the custodian of the moneys made available for expenditure  for
such  purposes  by  all such municipalities and that such fiscal officer
may make payments therefrom upon audit of the appropriate auditing  body
or officer of his municipality. In making claims for state reimbursement
pursuant  to  this  section,  each  municipality  shall  claim  for  its
proportionate  share  of  expenditures.  However,  where  the  agreement
provides  for  a  disbursing  municipality, such disbursing municipality
shall claim for the total joint  program  expenditures  made  and  shall
disburse  the  state  reimbursement  to  each participating municipality
based upon the proportionate share of each participating  municipality's
expenditures.
5.  The  office  of  children  and family services shall report to the
governor, the speaker of the assembly, the temporary  president  of  the
senate,  the  minority leader of the assembly and the minority leader of
the senate no later than July first, two thousand twelve, and each  year
thereafter, detailing the implementation and progress of the supervision
and  treatment  services  for  juveniles program, as established by this
section. The report shall detail  the  following  information  for  each
municipality, as defined by this section:
(a)  the  amount  of  funds disbursed to date for the previous program
year of the supervision and treatment services for juveniles program;
(b) the amount of juvenile detention funds distributed by such date in
accordance with section five  hundred  thirty  of  this  title  for  the
previous  program  year  and,  if any, the amount of such funds used for
supervision and treatment services for juveniles program;
(c) the number of alleged and  adjudicated  juvenile  delinquents  and
persons  in  need  of  supervision  and  alleged  and convicted juvenile
offenders being served by such programs; and
(d) each program name and its provider.