Authorizes the correctional association to inspect residential juvenile detention facilities

Section 2 of the bill explains the powers and duties of the Correctional Association.

Section 3 of the bill explains the powers of Prisoner's Legal Services.

Section 4 sets forth the effective date.

Existing law

There is no independent, external oversight or enforcement of state juvenile justice placements.

Prior legislative history

This is a new bill.

Statement in support

The Correctional Association of New York has provided a watchful eye over New York's prisons ever since its founding in 1844. Their advocacy has led to several important reforms of the prison system, including the abolishment of corporal punishment within prisons, the introduction of mental health and substance abuse treatment within prisons, and the creation of the first prison in the nation for children.

Today's juvenile justice facilities are not like adult prisons of 1844, or the prisons of today. But the challenges are similarly difficult. A lengthy investigation by the Department of Justice uncovered shocking abuses by the staff at the State's juvenile justice facilities. These staff persons have used violence to maintain order within the facility, resulting in a number of serious injuries to youth including broken bones, concussions, and bone fractures caused by the twisting of limbs. The Department of Justice also found that mental health services within these facilities were shockingly inadequate. Children often received contradictory mental health diagnoses. Medications were improperly administered, and the medicine's effects were unmonitored.

When this bill is enacted, the Correctional Association will provide external, independent oversight over the Office of Children and Family Services' administration of these facilities. Their expertise in correctional practice and policy, when paired with their specific expertise in juvenile justice reform, will help guide New York past the difficult reform that is necessary in order to keep our children safe. To compliment the role of the Correctional Association (CA), this bill would also authorize Prisoners' Legal Services of New York to establish a Juvenile Justice Unit vested with the authority to represent the children in the State's residential juvenile detention facilities. Prisoners' Legal Services' enforcement role will involve interviewing the youth, reviewing their records, investigating their complaints, and advocating for their rights, safety and well-being. With more than 34 years of experience representing and advocating for the humane treatment of those individuals held in the care of our state, PLS has offices in close proximity to the youth facilities and has the infrastructure and substantive knowledge necessary to address these issues in a timely fashion.. PLS is required to notify any appointed Law Guardian to ensure that the best interest of the child continues to be served.

This bill also provides for the establishment of a confidential, toll-free hotline for those youth residing in a facility maintained by the Office of Children and Family Services. This hotline will provide an external contact for juveniles' whose rights have been violated or who need legal assistance in a facility matter.

The two-pronged approach of empowering both the Correctional Association and Prisoners' Legal Services will increase the likelihood that constitutional violations will be revealed and will be remedied.

Budget implications

To be determined.

Effective date

Sixty days after passage.