2006 New York Code - Detention.

 
    § 503. Detention. 1.  The division shall establish regulations for the
  operation of secure and non-secure detention facilities pursuant to this
  article and section two hundred eighteen-a of the county law.
    2.  To  assure  that  adequate,  suitable  and conveniently accessible
  accommodations and proper care  will  be  available  when  required  for
  detention, the division may contract for or establish, operate, maintain
  and  certify  secure  and non-secure detention facilities if funds shall
  have been made available for the lease or purchase and  maintenance  and
  operation of appropriate facilities.
    3.  Each  social services district may establish, operate and maintain
  secure and non-secure detention facilities for the purposes  defined  in
  section  five  hundred two of this article. Each such detention facility
  shall be established, operated and maintained in  compliance  with  this
  article and the regulations of the division for youth.
    4.  The  division  shall  visit  and  inspect  all facilities used for
  detention and make periodic reports of the  operation  and  adequacy  of
  such  facilities,  and  the need for provision of such facilities to the
  county executive, if there be one, the county legislature and the family
  court judges of the county in which such facilities are located, and the
  office of court administration. The department of social services  shall
  cooperate  with  the  division  for youth to make arrangements for joint
  visitation and inspection of  foster  care  programs  certified  by  the
  department  of  social  services  and  serving youth detained, in cities
  having a population of one million or more, pursuant to article seven of
  the family court act.
    5. No detention facility shall receive or care for  children  detained
  pursuant  to  the  family court act or the criminal procedure law unless
  certified  by  the  division,  which  certification  shall   include   a
  maximum-capacity  which shall not be exceeded. No certification shall be
  issued or renewed unless such a facility has developed and implemented a
  procedure, consistent with appropriate collective bargaining  agreements
  and  applicable  provisions  of the civil service law, for reviewing and
  evaluating the backgrounds of and the information supplied by any person
  applying to be an employee, volunteer or consultant, which shall include
  but not be limited to the following requirements: that the applicant set
  forth his or her employment history,  provide  personal  and  employment
  references  and sign a sworn statement indicating whether the applicant,
  to the best of his or her knowledge, has ever been convicted of a  crime
  in this state or any other jurisdiction.
    (a) The division shall promulgate regulations governing procedures for
  certification  of  detention  facilities and for renewal, suspension and
  revocation of such certifications. Such regulations shall provide for  a
  hearing prior to the suspension or revocation of a certification.
    (b)  The  division  may  suspend a certification for good cause shown.
  Suspension shall mean that no persons coming within  the  provisions  of
  article  three  or  seven  of  the  family  court  act and no alleged or
  convicted juvenile offender may be received  for  care  in  a  detention
  facility,  but  persons already in care may remain in care. The division
  may impose such conditions in the event of a suspension as it shall deem
  necessary and proper.
    (c) The division may revoke a  certification  for  good  cause  shown.
  Revocation  shall  mean  that no persons coming within the provisions of
  article three or seven of  the  family  court  act  and  no  alleged  or
  convicted  juvenile  offender may be received for care nor remain at the
  detention facility.
    6. The division shall be responsible for bringing  violations  of  law
  pertaining   to   detention  of  juveniles  to  the  attention  of  each
  appropriate law guardian or counsel for the defendant who  may  petition
  for habeas corpus for persons aggrieved thereby.
    7. The person in charge of each detention facility shall keep a record
  of all time spent in such facility for each youth in care. The detention
  facility  shall  deliver  a  certified  transcript of such record to the
  division, social services district, or other agency  taking  custody  of
  the  youth  pursuant  to article three or seven of the family court act,
  before, or at the same time as the youth is delivered to  the  division,
  district or other agency, as is appropriate.
    8.  The division shall list all facilities certified for the detention
  of children and shall file a copy of that  list  periodically  with  the
  clerk  of  the  family  court  in each county, the clerk of the criminal
  court of the city of New York, the clerk of the supreme  court  in  each
  county  within the city of New York and the clerk of the county court in
  each county outside the city of New York.