Enacts "Renee's law" to provide greater protection and disclosure to employees of facilities where juvenile delinquents and youthful offenders are placed

Summary of specific provisions

Section 1 states that the act shall be known as Renee's law.

Section 2 states the legislature recognizes that the crisis in the Juvenile Justice System has worsened in recent years. This bill would provide a safety net for the staff, youth, and the communities that have been impacted by this crisis.

Section 3 would amend section 501 of the Executive law by adding two new subdivisions, 7-a and 12-a. Subdivision 7-a expands the powers of the Office of Children and Family Services to include the sharing of juvenile records with staff, the legal community, foster parents and the law enforcement community as required by the Executive law, the Family Court Act, and the Criminal Procedure law.

Subdivision 12-a would establish requirements for training that must be provided to staff responsible for the care and custody of youths placed in or committed to a program licensed, certified or registered by the Office. Mandated topics include staff abuse prevention and identification; the use of physical intervention; techniques of group and individual child management; gang awareness; absent without leave procedures; conflict resolution; and the laws, rules, and regulations governing the protection of staff from abuse. Failure to provide the required training would be deemed a neglect of duty by the Commissioner, subjecting such Commissioner to removal by the Governor.

Section 4 would amend section 501-c of the Executive law by adding a new subdivision 3 to require records, including unusual incident reports, mental health and developmental disability reports, and progress reports of each juvenile delinquent, juvenile offender, or youthful offender be provided to staff responsible for the care, custody, treatment, housing, education, rehabilitation, or guidance of such youth. Access is also granted to judges, the presentment agency or district attorney, and the youth's attorney should the youth commit a crime, or an act that is defined as a crime when committed by an adult. Foster parents who receive custody of the child after release from the Office would be entitled to receive all records with the exception of mental health and developmental disability records.

Section 5 would amend the Executive law by adding a new section 501-i, to implement a risk assessment tool used for placement, transfer and discharge of youth in the custody and control of the Office. The assessment would designate a youth as a Level I low, Level II moderate, or Level III high risk of re-committing a crime, or harming

themselves or others. The tool would evaluate the youth's prior legal history, behavior while in the custody of an Office certified program, and mitigating circumstances. The risk assessment would be performed by staff involved in the daily care and custody of the youth.

The sum of the youth's prior criminal history factor and facility rule violations factor is subtracted from mitigating factors to determine the risk level. Each factor has several items which have been assigned a point value. The sum of the point values would determine the factor. A risk level factor of three or less would be a Level I designation, between four and eight would be a Level II designation, and nine or more a Level III designation.

A youth's criminal history factor is determined by reviewing the number of juvenile delinquent determinations within the last three years, any pending criminal or family court offenses, and felony or misdemeanor adjudications within the previous three years. The mitigating factor subtracts points for the lack of prior arrests, convictions, or Person In Need of Supervision findings. A youth would also receive mitigating points for actively cooperating or participating in counseling or programs provided at juvenile justice facilities licensed or certified by OCFS.

The rule violations factor is determined by multiplying the number of level B rule violations received while in the custody of the Office by two. Likewise, the total number of Level C rule violations would be multiplied by three. These two sums are then added together to provide the rule violation factor.

Level B rule violations are defined as attempting to or aiding an attempt to escape a facility or program; withholding information of an escape attempt; engaging in violent threatening conduct; practicing or teaching other martial arts, sparring, or self defense; gang related hand, verbal or written communication; indecent exposure; verbal, written, or gestured threats; and the possession of unauthorized security-related equipment; production, sale, use or possession of alcohol or narcotics.

Level C rule violations would include any offense defined in the penal law; starting or attempting to start a fire or explosion; possession of explosives; causing or attempting to cause bodily harm to another resident or staff; fighting; attempting to take over an OCFS facility; violent conduct; engaging in gang meetings; displaying, wearing, possessing, distributing or using gang materials; making, possessing, selling, exchanging or using a weapon; escaping from a program or facility; and witness tampering.

A youth that has committed a designated felony; two or more level C rule violations or four or more level B violations in the three months prior to movement; or is deemed a Level III risk must be placed in, and remain in a secure facility. When a youth is moved to a lower level of custody, the receiving facility must verify that it has staffing sufficient to meet the youth's assessed risk level prior to placement.

Section 6 would amend subdivision 4 of section 504 of the Executive law to prohibit the discharge, release or transfer of youth if their

files and records contain two or more Level C violations or four or more level B violations in the three months prior to movement to a less secure facility; or any conduct which would constitute a crime under the penal law when committed by an adult.

Section 7 would amend section 507-a of the Executive law by adding a new subdivision 6 to require the Office provides notice to the local law enforcement agency of a youth's placement within the community over which they have jurisdiction. Such notice would include reports of prior assaults, act of violence, attempted suicides, escapes or attempted escapes while in Office custody, and all criminal charges. Notice must be given at least 10 days prior to placement.

Section 8 would amend the Executive law by adding a new section 510 to mandate officers and employees of Office certified or operated programs to report youth crimes perpetrated within programs to the local law enforcement agency. The employer is prohibited from taking retaliatory action for reporting youth crimes, and cannot require prior approval or notification of reporting the youth's criminal act to local law enforcement agency. Willfully concealing the commission of a youth's crime is a class A misdemeanor and is subject to civil liability for the damages caused by such concealment.

Section 9 would amend subdivision 1 of section 510-c of the Executive law to prohibit discharge if the youth's files and records contain two or more Level C violations; or four or more level C violations in the three months prior to placement in a less secure facility; or any notation of any conduct which would constitute a designated felony crime under the penal law if committed by an adult.

Sections 10 would amend section 837 of the executive law by adding a new subdivision 20 to require that the Division of Criminal Justice Services establish regulations to require a police officer having jurisdiction over a program licensed, registered or certified by the Office to accompany an employee of such program, upon request, to an AWOL youth's home and assist in retrieving such youth.

Sections 11, 12 and 13 would amend section 166 of the family court act, and sections 720.35 and 725.15 of the Criminal Procedure law respectively. These provisions would unseal and make available the records of every juvenile delinquency proceeding in family court, and all official records and papers of youthful offenders and juvenile offenders in certain cases. Specifically a youth's records would be available to staff responsible for a youth's care and custody and to the court, presentment agency or district attorney and the youth's attorney upon the filing of charges for a crime or if a youth commits an act which would constitute a crime under the penal law if the youth were an adult. A foster parent who subsequently receives custody of a youth after release from the custody of the Office is also entitled to receive records.

Section 14 would amend subdivision 2 of section 212 of the judiciary law by adding a new paragraph (t). This provision would permit the judiciary to adopt rules, orders, and forms for the dissemination of information as required under subdivision (a) of section one hundred sixty-six of the family court act, subdivision five of section 720.35

of the criminal procedure law, and subdivision two of section 725.15 of the criminal procedure law.

Section 15 states provides for the severability of any clause, sentence, paragraph, section or part of the act that is found to be invalid.

Section 16 states the enactment date.

Justification

Renee Greco, a 24-year-old youth care worker at an OCFS-licensed group home for troubled youths in Lockport, was the sole staff member watching six teenage boys. Ms. Greco was brutally beaten to death after two teenage residents put a blanket over her head while she was playing cards with other residents in the home on June 8, 2009. Ms. Greco was not informed of either youth's prior crimes or actions within facilities. Had she been advised of these youth's checkered pasts, it is very possible that she would still be alive today.

Staff in OCFS operated or certified programs do not receive background information on the youths in their care. Further, voluntary agencies lack adequate training and staff to receive youths that are dangerous. These practices, though based on hopes of rehabilitating misguided youth, have contributed to a 90% recidivism rate, increasing violence towards staff, and an unknown number of tragedies within the communities where juveniles have been irresponsibly placed.

This law would require that staff caring for youths within residential programs, operated or certified by the Office, have access to the files and records of the youths in their care. The youth's records would also be available to the legal community, including the judge, presentment agency, district attorney, and defense counsel should the youth commit another crime while in a facility. Upon placement or movement to a lower level of custody, the local law enforcement agency would also receive the youth's records. Those charged with caring for the youths, and protecting the communities of our state would be better able to perform their duties by being fully informed of who is placed within their community.

Proper placement, as determined by the mandatory risk assessments, would prevent avoidable tragedies, like the death of Renee Greco. By assessing the youth's acts while in OCFS care and their prior crimes, no youth will be prematurely transferred or released. Inappropriate placement is also addressed in the mandatory reporting of youth crimes in OCFS facilities and voluntary agencies. These reporting requirements will provide an accurate history and allow a thorough evaluation of the youth's rehabilitation and the risk they pose to the community.

Prior legislative history

2013: S.2625/A.3136 Passed the Senate 2012: S.5565/A.8450 Referred to Finance 2011: S.5565/A.8450 Passed the Senate

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law; provided that any rules and regulations necessary for the implementation of the Provisions of this act on its effective date are authorized to be promulgated, repealed and/or amended on or before such date.