Protect Staff at Youth Facilities

Section 1. Short title. This act shall be known and may be cited as "Renee's law".

§ 2. Legislative findings and declaration. The legislature hereby finds and declares that it is a fundamental purpose of this state's juvenile justice system to provide a safe environment for both the residents and the staff of programs licensed, certified and registered by the office of children and family services. The legislature further finds that a safe environment is ensured by providing staff of programs licensed, certified and registered by such office with adequate training and that this function is a primary responsibility of the commissioner of children and family services to ensure. Ensuring the safety of the communities into which the youth are placed is paramount, requiring that a youth be placed in appropriate locations to avoid preventable tragedy. The legislature finds that residents of programs and agencies licensed, certified and registered by the office of children and family services are committing serious crimes within such programs, and that these crimes are not being reported to the proper authorities. The provisions of this act provide a critical framework to improve and maintain safety within such licensed, certified and registered programs, non-profit community based programs and communities throughout the state allowing youths under the office of children and family services' jurisdiction the ability to be rehabilitated and receive skills necessary to inhibit recidivism.

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

[ ] is old law to be omitted.

LBD02963-01-9

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§ 3. Section 501 of the executive law is amended by adding two new subdivisions 7-a and 12-a to read as follows:

7-a. To provide for the dissemination of records, files and papers pursuant to subdivision three of section five hundred one-c of this title, paragraph one of subdivision (b) of section one hundred sixty-six of the family court act, paragraph (a) of subdivision five of section 720.35 of the criminal procedure law and paragraph (a) of subdivision two of section 725.15 of the criminal procedure law.

12-a. To establish and provide for the implementation of a course of training to be completed by all staff members and employees responsible for the care, custody, treatment, housing, education, rehabilitation or guidance of children in facilities in which children are placed or committed by the office of children and family services. The commissioner of such office shall establish programs for preemployment training and in service staff development and training. All such training shall include instruction in child abuse and maltreatment prevention and identification; staff abuse prevention and identification; safety and security procedures; the principles of child development; 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 children from abuse and maltreatment. Such commissioner shall ensure that all training conducted pursuant to this subdivision is evidence based, and evaluated and updated on an annual basis. The failure to provide the training required by this subdivision shall constitute neglect of duty for which the governor may remove the commissioner of children and family services from office.

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

3. Notwithstanding the provisions of subdivision one of this section, the records and files including, but not limited to, unusual incident reports, mental health and developmental disability reports, and progress reports, of each juvenile delinquent, juvenile offender or youthful offender placed with or committed to the custody of the office of children and family services shall be made available:

(a) to the staff members and employees of the facility, whether operated by such office or not, in which the delinquent or offender is placed or committed, when the staff member or employee is responsible for the care, custody, treatment, housing, education, rehabilitation or guidance of the affected youth;

(b) in the event such delinquent or offender engages in conduct or commits an act which would constitute a crime defined in the penal law if the youth was an adult or commits a crime defined in the penal law, to the court, the presentment agency or district attorney, and the attorney representing the youth upon the filing of charges against the youth relating to such crime; and

(c) to any foster parents having custody of such delinquent or offender after release from the custody of the office of children and family services, excluding mental health and developmental disability reports.

§ 5. The executive law is amended by adding a new section 501-i to read as follows:

§ 501-i. Custody, control and discharge of detained youth. 1. Placement. The office of children and family services shall place each youth committed to its custody upon the basis of such youth's risk assessment value as set forth in subdivision three of this section. Provided, that no youth convicted of or adjudicated as having committed a designated

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felony, or found to have committed two or more level C rule violations while in custody, or found to have committed four or more level B rule violations within the previous three months shall be authorized to be placed in any program or facility that is not designated as a secure facility. Furthermore, no youth having a risk level of III shall be placed in any program licensed, registered or certified by the office of children and family services which is not a secure facility.

2. Movement to lower level of custody. Prior to the movement of any youth to a lower level of custody, a risk assessment shall be conducted for such youth. Such assessment shall be completed by the staff charged with the daily care and custody of the youth. Upon completion of a risk assessment of a youth, the facility or program which will receive such youth shall verify whether it meets the staffing requirements of subdivision six of this section.

3. Risk assessment. The commissioner of children and family services, or his or her designee, shall establish a risk assessment value for each youth committed to the custody of the office of children and family services. The risk assessment value of each youth shall be derived by adding the youth's factors for facility rule violations to his or her prior offense history, and subtracting therefrom his or her mitigating factors.

(a) Facility rule factors shall be determined by:

(i) the number of level B rule violations multiplied by two; and

(ii) the number of level C rule violations multiplied by three.

(b) Prior offense history factor shall be determined by:

(i) the number of open or prior juvenile delinquency determinations within the previous three years: one point per offense, but not to exceed three points;

(ii) the number of offenses pending prosecution by the county attorney: one point per offense, but not to exceed three points;

(iii) a pending family court felony offense: four points;

(iv) a pending family court misdemeanor offense: one point per offense, but not to exceed three points;

(v) a past felony adjudication within the previous three years: five points;

(vi) two or more misdemeanor adjudications within the previous three years: three points; and

(vii) one misdemeanor adjudication within the previous three years: one point.

(c) Mitigating factor shall be determined by:

(i) the lack of prior arrests or adjudications: one point;

(ii) not being subject to a person in need of supervision proceeding within the previous three years: one point;

(iii) currently actively cooperating in counseling, prevention, services or a program: one point.

4. Definitions. As used in this article:

(a) "Designated felony" shall mean and include any of the following felonies defined in the penal law: murder in the first degree, murder in the second degree, manslaughter in the first degree, manslaughter in the second degree, kidnapping in the first degree, arson in the first degree, assault in the first degree, gang assault in the first degree, arson in the second degree, robbery in the first degree, gang assault in the second degree, aggravated sexual abuse in the first degree, rape in the first degree, criminal sexual act in the first degree, burglary in the first degree.

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(b) "Designated risk level" shall mean an assessment of each youth committed to the custody of the office of children and family services, in which, in light of all available records, the number and types of offenses and rule violations committed by such youth while in the care and custody of the office of children and family services and in any program licensed, registered or certified by such office, and previous criminal and juvenile delinquency determinations, such youth is determined to present a low, moderate or high risk of committing another crime defined in the penal law or which would constitute such a crime if committed by an adult, or poses a threat to the safety of himself or herself or others.

(i) "Risk level I" means a youth has a low risk of repeating or committing additional offenses or rule violations, or poses no danger to public safety. A youth determined to have a risk level of I shall have a risk factor of three points or less.

(ii) "Risk level II" means a youth has a moderate risk of repeating or committing additional offenses or rule violations, or poses a moderate threat to public safety. A youth determined to have a risk level of II shall have a risk factor of between four and eight points.

(iii) "Risk level III" means a youth has a high risk of repeating or committing additional offenses or rule violations, or poses a serious threat to public safety. A youth determined to be a risk level of III shall have a risk factor of nine or more points.

(c) "Egregious act" shall mean an act which is conspicuously offensive, intentional or blatant.

(d) "Persistent pattern" shall mean a course of conduct that is intentionally repetitive.

5. Rule violations. (a) A youth is guilty of a level B violation when he or she:

(i) Attempts to, conspires to or acts as an accessory to an escape attempt from any facility, program or custody;

(ii) Withholds information about an attempted escape or absence without leave;

(iii) Engages in any violent conduct involving the threat of violence;

(iv) Practices or instructs others in martial arts, sparring or self defense techniques;

(v) Engages in gang-related hand, verbal or written communication;

(vi) Intentionally exposes the private parts of their bodies;

(vii) Makes any threat verbally, in writing or by gesture to any person;

(viii) Possesses unauthorized security-related equipment such as keys, vehicular keys, communication devices or restraint equipment;

(ix) Makes, uses, possesses, sells or exchanges, or is under the influence of any alcoholic beverage or intoxicant;

(x) Makes, uses, possesses, sells or exchanges, or is under the influence of any narcotic, narcotic paraphernalia or controlled substance;

(xi) Possesses outdated or unauthorized types or quantities of medication;

(xii) Sells outdated or unauthorized types or quantities of medication;

(xiii) Attempts to smuggle or attempts to solicit others to smuggle any item into or out of a facility or program or from one facility or program area to another;

(xiv) Engages in any verbal behavior which interferes with the secure and orderly operation of the facility;

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(xv) Engages in any verbal behavior which may result in injury to staff or residents;

(xvi) Engages in any physical, persistent or egregious behavior which interferes with the secure and orderly operation of the facility;

(xvii) Engages in any physical, persistent or egregious behavior which may result in injury to staff or residents;

(xviii) Spits, urinates or defecates on the floor or any other area;

(xix) Throws urine or feces or sanitary items;

(xx) Fails to comply or otherwise disrupts facility and program count procedures;

(xxi) Mutilates or defaces his or her body, or engages in the mutilation or defacement of another person's body; or

(xxii) Engages in a persistent pattern of infractions and fails to respond to sanctions previously imposed by an individual charged with such youth's care or custody.

(b) A youth is guilty of a level C violation when he or she:

(i) Commits or attempts to commit any offense defined in the penal law;

(ii) Starts or attempts to start a fire, without authorization;

(iii) Causes or attempts to cause an explosion;

(iv) Possesses an explosive device or materials which can be used to make an explosive device;

(v) Inflicts or attempts to inflict bodily harm upon another resident, a staff member or any other person;

(vi) Engages in fighting;