Create Monroe Juvenile Center

Section 1. Section 340.2 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 3 as amended by chapter 173 of the laws of 1999, is amended to read as follows:

§ 340.2. Presiding judge. 1. The judge who presides at the commencement of the fact-finding hearing shall continue to preside until such hearing is concluded and an order entered pursuant to section 345.1 unless a mistrial is declared.

2. The judge who presides at the fact-finding hearing or accepts an admission pursuant to section 321.3 shall preside at any other subsequent hearing in the proceeding, including but not limited to the dispositional hearing.

3. Notwithstanding the provisions of subdivision two, the rules of the family court shall provide for the assignment of the proceeding to another judge of the court when the appropriate judge cannot preside:

(a) by reason of illness, disability, vacation or no longer being a judge of the court in that county; or

(b) by reason of removal from the proceeding due to bias, prejudice or similar grounds; or

(c) because it is not practicable for the judge to preside.

4. Notwithstanding the provisions of subdivision two, any judge presiding in the juvenile matters part of the Monroe county family court

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01444-01-7

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may preside over any matters related to a juvenile delinquency proceeding, including matters affecting dispositions imposed by another judge.

5. The provisions of this section shall not be waived.

§ 2. Section 355.4 of the family court act is amended by adding a new subdivision 6 to read as follows:

6. When a respondent is placed at the Monroe county juvenile justice center through the office of children and family services, the Monroe county juvenile justice center shall possess the consent to provide routine medical, dental and mental health services and treatment as granted by the office of children and family services pursuant to this section.

§ 3. Section 501 of the executive law is amended by adding two new subdivisions 3-a and 4-a to read as follows:

3-a. To enter into a memorandum of understanding with the county of Monroe for such county to establish, operate and maintain a limited secure placement facility.

4-a. To inspect and certify the Monroe county juvenile justice center limited secure placement facility.

§ 4. Section 505 of the executive law is amended by adding a new subdivision 4 to read as follows:

4. The director of the Monroe county juvenile justice center shall be appointed by the Monroe county director of social services.

§ 5. Article 19-G of the executive law is amended by adding a new title 2-A to read as follows:

TITLE 2-A

MONROE COUNTY JUVENILE JUSTICE CENTER Section 509-a. Monroe county juvenile justice center established.

509-b. Definitions.

509-c. Juvenile justice center specifications.

509-d. Equal employment opportunities for minority and women-

owned business enterprises.

509-e. Prevailing wage requirements.

509-f. Juvenile probation investigation and diagnostic assess-

ment.

509-g. Substance and alcohol abuse treatment of juveniles.

509-h. Health services and education.

509-i. Educational components of the juvenile justice center.

509-j. Juvenile justice center oversight.

509-k. State reimbursement of funds.

§ 509-a. Monroe county juvenile justice center established. Monroe county shall operate and maintain a limited secure facility to be known as the Monroe county juvenile justice center, for the placement of juvenile delinquents placed with the office of children and family services by the Monroe county family court.

§ 509-b. Definitions. For purposes of this title, the following words shall have the following meanings:

1. "center" shall mean the Monroe county juvenile justice center.

2. "commissioner" shall mean the commissioner of the office of children and family services.

3. "director" shall mean the director of the Monroe county juvenile justice center appointed pursuant to subdivision four of section five hundred five of this chapter.

§ 509-c. Juvenile justice center specifications. The juvenile justice center established pursuant to section five hundred nine-a of this title shall consist of the following:

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1. No more than sixty beds to be used for juveniles who have been placed in the juvenile justice center; and

2. No more than seventy-five beds to be used for juveniles who are being detained at the juvenile justice center and are awaiting placement or adjudication.

§ 509-d. Equal employment opportunities for minority and women-owned business enterprises. 1. All contracts entered into by the center pursuant to this title of whatever nature and all documents soliciting bids or proposals therefor shall contain or make reference to the following provisions:

(a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selection for training and retraining, including apprenticeship and on-the-job training.

(b) The contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the center to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder.

(c) The contractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the center that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(d) The contractor will include the provisions of this subdivision and subdivisions two and three of this section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the center.

2. The county shall establish measures, procedures and guidelines to ensure that contractors and subcontractors undertake meaningful programs to employ and promote qualified minority group members and women. Such procedures may require after notice in a bid solicitation, the submission of a minority and women workforce utilization program prior to the award of any contract, or at any time thereafter, and may require the submission of compliance reports relating to the operation and implementation of any workforce utilization program adopted hereunder. The county shall take appropriate action, including the impositions of sanctions for non-compliance to effectuate the provisions of this section and shall be responsible for monitoring compliance with this title.

3. In the performance of projects pursuant to this title, minority and women-owned business enterprises shall be given the opportunity for meaningful participation. The county shall establish quantifiable standards and measures and procedures to secure meaningful participation and

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identify those contracts and items of work for which minority and women-owned business enterprises may best bid to actively and affirmatively promote and assist their participation in projects, so as to facilitate the award of a fair share of contracts to such enterprises; provided, however, that nothing in this title shall be construed to limit the ability of the county to assure that qualified minority and women-owned business enterprises may participate in the program. For purposes hereof, minority business enterprise shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business, at least fifty-one per centum of the stock or other voting interest is owned by citizens or permanent resident aliens who are Black, Hispanic, Asian, American Indian, Pacific Islander, or Alaskan Native, and such ownership interest is real, substantial and continuing and has the authority to independently control the day to day business decisions of the entity for at least one year; and women-owned business enterprise shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business, at least fifty-one per centum of the stock to other voting interests of which is owned by citizens or permanent resident aliens who are women, and such ownership interest is real, substantial and continuing and has the authority to independently control the day to day business decisions of the entity for at least one year.

The provisions of this subdivision shall not be construed to limit the ability of any minority business enterprise to bid on any contract.

4. In order to implement the requirements and objectives of this section, the county shall establish procedures to monitor contractors compliance with provisions hereof, provide assistance in obtaining competing qualified minority and women-owned business enterprises to perform contracts proposed to be awarded, impose contractual sanctions for non-compliance, and take other appropriate measures to improve the access of minority and women-owned business enterprises to these contracts.

§ 509-e. Prevailing wage requirements. In the construction and development of the center, Monroe county must comply with the provisions of article eight of the labor law.

§ 509-f. Juvenile probation investigation and diagnostic assessment. For every juvenile who is detained or placed in the center, a probation investigation and a diagnostic assessment shall be performed on such juvenile. For the purposes of this section, the probation investigation shall include, but not be limited to, the history of the juvenile including previous conduct, the family situation, any previous psychological and psychiatric reports, school history, school adjustment, previous social assistance provided by voluntary or public agencies and the response of the juvenile to such assistance, and any possible history of alcohol, substance or sexual abuse. For the purposes of this section, the diagnostic assessment shall include, but not be limited to, psychological tests and psychiatric interviews to determine mental capacity and achievement, emotional stability and mental disabilities. It shall include a clinical assessment of the situational factors that may have contributed to the act or acts, including any alcohol, substance or sexual abuse of the juvenile. When feasible, expert opinion shall be rendered as to the risk presented by the juvenile to others or himself, with a recommendation as to the need for a restrictive placement.

§ 509-g. Substance and alcohol abuse treatment of juveniles. 1. Screening, evaluation and treatment for alcohol, cannabis and other

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substances. The center shall contract with one or more community-based, not-for-profit alcohol and/or substance abuse treatment providers licensed by the office of alcoholism and substance abuse services to screen, evaluate, diagnose, treat and provide all other necessary services to juveniles placed at the center who use, are exposed to, or at risk from exposure to alcohol, cannabis or other substances. Screening, evaluation, diagnosis, treatment and all other necessary services for alcohol, cannabis and other substance use, abuse or exposure shall be provided by appropriate health professionals licensed, certified or credentialed by the office of alcoholism and substance abuse services. The center shall give particular consideration to providers of alcohol and substance abuse treatment services which demonstrate the ability to provide treatment services that effectively reduce addiction in young people.

a. All juveniles shall be screened upon placement at the center using a protocol approved by the office of alcoholism and substance abuse services to identify any use of, exposure to, or risk from alcohol, cannabis or other substances. If a family court probation report or diagnostic assessment provides all the required information necessary to screen a juvenile for any use of, exposure to or risk from alcohol, cannabis or other substances, the report or assessment may be adopted in lieu of screening under this section.