Bill Text: NY A02088 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the correctional association to inspect residential juvenile detention facilities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A02088 Detail]

Download: New_York-2021-A02088-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2088

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
          read once and referred to the Committee on Correction

        AN ACT to amend the executive law, in relation to the powers and  duties
          of the correctional association to inspect residential juvenile facil-
          ities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 503 of the executive law is amended by adding a new
     2  subdivision 6-a to read as follows:
     3    6-a. The office of children and family services shall ensure that  all
     4  youth  placed  in secure, limited secure and non-secure facilities oper-
     5  ated, maintained or certified by  the  office  of  children  and  family
     6  services  have access to a confidential toll-free hotline established by
     7  prisoners' legal services of New York pursuant to subdivision  three  of
     8  section  five hundred four-d of this title for the purposes of reporting
     9  abuse and complaints regarding conditions of confinement. The office  of
    10  children  and  family  services shall allow prisoners' legal services of
    11  New York quarterly access to such facilities  to  advise  the  youth  of
    12  their  procedural  and  substantive  rights and inform such youth of the
    13  hotline.
    14    § 2. The executive law is amended by adding a  new  section  504-c  to
    15  read as follows:
    16    §  504-c.  Powers  and  duties  of the correctional association of New
    17  York. 1. Notwithstanding any other provision of law to the contrary, the
    18  correctional association of New York, by such committees as  they  shall
    19  from  time  to time appoint, shall have the power, authority and duty to
    20  regularly visit, inspect, and examine all  secure,  limited  secure  and
    21  non-secure facilities operated, maintained or certified by the office of
    22  children   and  family  services,  including  all  property,  documents,
    23  records, policies, procedures, staff and all  such  other  things  main-
    24  tained or controlled by such facilities.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00405-01-1
        A. 2088                             2

     1    2.  The  correctional  association shall have the authority to conduct
     2  unannounced visits at all secure, limited secure and non-secure  facili-
     3  ties  operated,  maintained  or  certified by the office of children and
     4  family services to ensure the welfare of the  youth  is  protected.  The
     5  correctional  association shall have the authority to receive and review
     6  copies of all incident reports involving youth residing in such  facili-
     7  ties.  If  the  correctional  association  learns  that a youth has been
     8  abused they shall make an immediate report to the  commissioner  of  the
     9  office  of  children and family services, the statewide central registry
    10  of child abuse, and to prisoners' legal services of New York.
    11    3. The correctional association  shall  have  the  authority  to  have
    12  confidential  contact  in  person  and in writing with the residents and
    13  staff of secure, limited  secure  and  non-secure  facilities  operated,
    14  maintained  or  certified by the office of children and family services.
    15  All confidential information the correctional association obtains  while
    16  fulfilling  its  duties under this section shall remain confidential and
    17  any limitations on the release thereof imposed by  law  upon  the  party
    18  furnishing  the information shall apply to the correctional association,
    19  provided that the correctional association may report  such  information
    20  related  to  the  abuse  of youth as required by subdivision two of this
    21  section.
    22    4. The correctional association shall annually report to the governor,
    23  the temporary president of the senate, the speaker of the assembly,  the
    24  chairs  of  the children and families committee in the senate and assem-
    25  bly, the office of children and family services, labor  representatives,
    26  and  the  media regarding the state and condition of the secure, limited
    27  secure and non-secure facilities operated, maintained and  certified  by
    28  the  office  of  children  and  family services, including any suggested
    29  remedial actions. The initial report required by this subdivision  shall
    30  be presented by the first of November next succeeding the effective date
    31  of  this  section.  The  correctional association shall make all reports
    32  available on the internet. The office of children  and  family  services
    33  shall  meet  with the correctional association and respond in writing to
    34  the findings and recommendations  issued  in  the  annual  reports.  The
    35  office of children and family services shall make its response available
    36  on the internet.
    37    5.  The provisions of this section shall not apply to any child who is
    38  placed  in  foster care pursuant to section three hundred fifty-eight-a,
    39  three hundred eighty-four or three hundred eighty-four-a of  the  social
    40  services  law  or pursuant to section one thousand twenty-two, one thou-
    41  sand twenty-seven, or one thousand fifty-two of the family court act; or
    42  directly placed with a relative pursuant to section one thousand  seven-
    43  teen or one thousand fifty-five of the family court act.
    44    §  3.  The  executive  law is amended by adding a new section 504-d to
    45  read as follows:
    46    § 504-d. Powers of prisoners' legal services of New York. 1.  Notwith-
    47  standing any other provision of law to the  contrary,  prisoners'  legal
    48  services,  by and through their employees, upon notification of abuse or
    49  a complaint regarding a condition of  confinement  by  the  correctional
    50  association  of  New  York  pursuant  to subdivision two of section five
    51  hundred four-c of this title, via the hotline  established  pursuant  to
    52  subdivision three of this section, or by a parent, guardian or any other
    53  concerned  individual,  shall  have  the  power and authority to provide
    54  legal representation to youth residing in  secure,  limited  secure  and
    55  non-secure facilities operated, maintained or certified by the office of
    56  children  and family services, including the power and authority to have
        A. 2088                             3

     1  confidential contact visits  with  such  youth,  review  their  records,
     2  investigate  their complaints, and advocate for their rights, safety and
     3  well-being. Upon commencing representation of a youth pursuant  to  this
     4  section, prisoners' legal services shall provide notice to the law guar-
     5  dian, if any, appointed to represent such youth.
     6    2.  Prisoners'  legal  services  shall  have the authority to inspect,
     7  request, receive and review all documents associated with representation
     8  of a youth pursuant to subdivision one of this  section,  including  but
     9  not  limited  to,  use  of  force  documents,  unusual incident reports,
    10  medical and mental health records, disciplinary records and  programming
    11  institutional  records, presentence reports and court records, including
    12  sealed records, without obtaining an unseal order.
    13    3. Prisoners' legal services shall be authorized to establish a confi-
    14  dential toll-free hotline for the purpose of receiving reports of  abuse
    15  from  youth residing at secure, limited secure and non-secure facilities
    16  operated, maintained or certified by the office of children  and  family
    17  services.
    18    4.  All confidential information obtained by prisoners' legal services
    19  pursuant to its functions under this section shall  remain  confidential
    20  and any limitations on the release thereof imposed by law upon the party
    21  furnishing  the  information  shall  apply to prisoners' legal services.
    22  Confidential information obtained by prisoners' legal services  pursuant
    23  to  its  functions under this section may be appended to legal documents
    24  and pleadings as a sealed exhibit.
    25    5. The provisions of this section shall not apply to any child who  is
    26  placed  in  foster care pursuant to section three hundred fifty-eight-a,
    27  three hundred eighty-four or three hundred eighty-four-a of  the  social
    28  services  law  or pursuant to section one thousand twenty-two, one thou-
    29  sand twenty-seven, or one thousand fifty-two of the family court act; or
    30  directly placed with a relative pursuant to section one thousand  seven-
    31  teen or one thousand fifty-five of the family court act.
    32    §  4.  This  act  shall take effect on the sixtieth day after it shall
    33  have become a law.