2018 New York Laws
EXC - Executive
Article 19-G - Office of Children and Family Services
Title 4 - Support and Reimbursement
530 - Reimbursement for Detention.

§ 530. Reimbursement  for detention.   1. Definitions. As used in this
  section, the term "municipality" shall mean a county, or a city having a
  population of one million or more.
2.  * Expenditures  made  by   municipalities   in   providing   care,
  maintenance  and supervision to youth in detention facilities designated
  pursuant to sections seven hundred  twenty  and  section  305.2  of  the
  family  court  act  and  certified  by  office  of  children  and family
  services, shall be subject to reimbursement by the state, as follows:
* NB Effective until January 1, 2020
* Expenditures made by municipalities in providing  care,  maintenance
  and  supervision to youth in detention facilities designated pursuant to
  section 305.2 of the  family  court  act  and  certified  by  office  of
  children  and  family services, shall be subject to reimbursement by the
  state, as follows:
* NB Effective January 1, 2020
* NB See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies  for
  10/1/2019
* (a)  Notwithstanding  any provision of law to the contrary, eligible
  expenditures by a municipality during a particular program year for  the
  care,  maintenance  and supervision in foster care programs certified by
  the office of children and family services, certified or approved family
  boarding homes, and non-secure detention  facilities  certified  by  the
  office  for  those youth alleged to be persons in need of supervision or
  adjudicated persons in need of supervision held pending  transfer  to  a
  facility   upon  placement;  and  in  secure  and  non-secure  detention
  facilities certified by the  office  in  accordance  with  section  five
  hundred  three  of  this  article for those youth alleged to be juvenile
  delinquents; adjudicated juvenile delinquents held pending transfer to a
  facility upon placement, and juvenile delinquents held at the request of
  the  office  of  children  and  family  services  pending  extension  of
  placement  hearings  or  release  revocation  hearings or while awaiting
  disposition of such hearings; and youth alleged to be  or  convicted  as
  juvenile offenders, youthful offenders and adolescent offenders shall be
  subject   to  state  reimbursement  for  up  to  fifty  percent  of  the
  municipality's  expenditures,  exclusive  of  any  federal  funds   made
  available   for   such   purposes,  not  to  exceed  the  municipality's
  distribution  from  funds  that  have  been  appropriated   specifically
  therefor  for  that program year. Municipalities shall implement the use
  of detention risk assessment instruments in a manner prescribed  by  the
  office  so  as  to inform detention decisions. Notwithstanding any other
  provision of state law to the contrary, data necessary for completion of
  a  detention  risk  assessment  instrument  may  be  shared  among   law
  enforcement,  probation,  courts,  detention  administrators,  detention
  providers, and the attorney for the child upon retention or appointment;
  solely for the purpose of accurate completion of  such  risk  assessment
  instrument,  and  a  copy  of  the  completed  detention risk assessment
  instrument shall be made available to the applicable detention provider,
  the attorney for the child and the court.
* NB Effective until January 1, 2020
* (a) Notwithstanding any provision of law to the  contrary,  eligible
  expenditures  by a municipality during a particular program year for the
  care, maintenance and supervision in  secure  and  non-secure  detention
  facilities  certified  by  the  office  in  accordance with section five
  hundred three of this article for those youth  alleged  to  be  juvenile
  delinquents; adjudicated juvenile delinquents held pending transfer to a
  facility upon placement, and juvenile delinquents held at the request of
  the  office  of  children  and  family  services  pending  extension  of
  placement hearings or release  revocation  hearings  or  while  awaiting

  disposition  of  such  hearings; and youth alleged to be or convicted as
  juvenile offenders, youthful  offenders  and  adolescent  offenders  and
  prior to January first, two thousand twenty, youth alleged to be persons
  in  need  of  supervision  or adjudicated persons in need of supervision
  held pending transfer to  a  facility  upon  placement  in  foster  care
  programs  certified  by  the  office  of  children  and family services,
  certified or approved foster boarding  homes  and  non-secure  detention
  facilities   certified   by  the  office,  shall  be  subject  to  state
  reimbursement  for  up  to   fifty   percent   of   the   municipality's
  expenditures,  exclusive  of  any  federal funds made available for such
  purposes, not to exceed the municipality's distribution from funds  that
  have  been  appropriated  specifically  therefor  for that program year.
  Municipalities shall implement the  use  of  detention  risk  assessment
  instruments  in  a  manner  prescribed  by  the  office  so as to inform
  detention decisions. Notwithstanding any other provision of state law to
  the  contrary,  data  necessary  for  completion  of  a  detention  risk
  assessment  instrument  may  be shared among law enforcement, probation,
  courts, detention administrators, detention providers, and the  attorney
  for  the  child upon retention or appointment; solely for the purpose of
  accurate completion of such risk assessment instrument, and  a  copy  of
  the  completed  detention  risk  assessment  instrument  shall  be  made
  available to the applicable detention provider,  the  attorney  for  the
  child and the court.
* NB Effective January 1, 2020
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019
(b) The state funds appropriated for juvenile detention services shall
  be distributed to eligible municipalities by the office of children  and
  family  services  based  on  a  plan  developed  by the office which may
  consider historical information regarding the number of  youth  remanded
  to  detention, the municipality's reduction in the use of detention, the
  municipality's youth population, and other factors as determined by  the
  office.  Such  plan  developed  by  the  office  shall be subject to the
  approval of the director of the budget. The office is authorized, in its
  discretion,  to  make  advance  distributions  to  a   municipality   in
  anticipation of state reimbursement.
(c)  A  municipality  may  also  use  the  funds distributed to it for
  juvenile detention services under this section for a particular  program
  year for sixty-two percent of a municipality's eligible expenditures for
  supervision and treatment services for juveniles programs approved under
  section  five hundred twenty-nine-b of this title for services that were
  not reimbursed from a municipality's  distribution  under  such  program
  provided  to  at-risk,  alleged  or  adjudicated juvenile delinquents or
  persons alleged or adjudicated to be in need of supervision, or  alleged
  to   be   or   convicted   as   juvenile  offenders  in  community-based
  non-residential settings. Any claims submitted  by  a  municipality  for
  reimbursement  for  detention  services  or  supervision  and  treatment
  services for juveniles provided during a  particular  program  year  for
  which  the  municipality  does  not receive state reimbursement from the
  municipality's distribution of detention services funds for that program
  year may not be claimed against the municipality's distribution of funds
  available under this section for the next applicable program  year.  The
  office  may  require  that  such  claims  be  submitted  to  the  office
  electronically at such times and in the manner and  format  required  by
  the office.
(d)  (i)  Notwithstanding  any  provision  of law or regulation to the
  contrary,  any  information  or  data  necessary  for  the  development,
  validation  or  revalidation of the detention risk assessment instrument

  shall be  shared  among  local  probation  departments,  the  office  of
  probation  and  correctional  alternatives  and, where authorized by the
  division of criminal justice services, the entity  under  contract  with
  the division to provide information technology services related to youth
  assessment  and  screening,  the office of children and family services,
  and any entity under contract with the office  of  children  and  family
  services  to provide services relating to the development, validation or
  revalidation of the  detention  risk  assessment  instrument.  Any  such
  information  and  data shall not be commingled with any criminal history
  database. Any information and data used  and  shared  pursuant  to  this
  section  shall  only be used and shared for the purposes of this section
  and in accordance with this section. Such information  shall  be  shared
  and  received  in  a  manner  that  protects the confidentiality of such
  information. The sharing,  use,  disclosure  and  redisclosure  of  such
  information  to  any  person,  office,  or other entity not specifically
  authorized to receive it pursuant to this section or any  other  law  is
  prohibited.
(ii)  The  office  of  children and family services shall consult with
  individuals with  professional  research  experience  and  expertise  in
  criminal   justice;   social   work;   juvenile   justice;  and  applied
  mathematics, psychometrics and/or statistics to  assist  the  office  in
  determining  the method it will use to: develop, validate and revalidate
  such detention risk assessment instrument; and analyze the effectiveness
  of the use of such detention risk assessment instrument in accomplishing
  its intended goals; and analyze, to the  greatest  extent  possible  any
  disparate impact on detention outcomes for juveniles based on race, sex,
  national   origin,   economic  status  and  any  other  constitutionally
  protected class, regarding the use of such instrument. The office  shall
  consult  with  such  individuals  regarding whether it is appropriate to
  attempt to analyze whether there is any such disparate impact  based  on
  sexual  orientation  and,  if  so,  the  best  methods  to  conduct such
  analysis. The office shall take into consideration  any  recommendations
  given  by  such individuals involving improvements that could be made to
  such instrument and process.
(iii) Data collected for the purposes of completing the detention risk
  assessment  instrument  from  any  source  other  than   an   officially
  documented  record shall be confirmed as soon as practicable. Should any
  data originally utilized in completing the risk assessment instrument be
  found to conflict  with  the  officially  documented  record,  the  risk
  assessment  instrument shall be completed with the officially documented
  data and any corresponding revision to the risk categorization shall  be
  made.  The  office  shall  periodically  revalidate  any  approved  risk
  assessment instrument. The office shall conspicuously post any  approved
  detention  risk  assessment  instrument  on its website and shall confer
  with appropriate stakeholders, including but not limited  to,  attorneys
  for  children,  presentment  agencies,  probation, and the family court,
  prior to revising any validated risk  assessment  instrument.  Any  such
  revised   risk  assessment  instrument  shall  be  subject  to  periodic
  empirical validation.
3. Wherever detention services are not provided directly or indirectly
  by a municipality,  the  municipality  shall  act  as  the  intermediary
  between  the  office  of  children  and  family  services and the agency
  lawfully providing such  services,  for  the  purpose  of  claiming  and
  receiving  reimbursement, furnishing financial information and obtaining
  approval for reserved accommodations pursuant to this section.
4. (a) The municipality must notify the office of children and  family
  services  of  state  aid received under other state aid formulas by each
  detention facility for which the municipality is  seeking  reimbursement

  pursuant  to  this  section,  including  but  not  limited  to,  aid for
  education, probation and mental health services.
(b)  In  computing  reimbursement to the municipality pursuant to this
  section, the office shall insure that the aggregate of state  aid  under
  all  state  aid  formulas  shall not exceed fifty percent of the cost of
  care, maintenance and supervision provided  to  detainees  eligible  for
  state  reimbursement under subdivision two of this section, exclusive of
  federal  aid  for  such  purposes  not  to  exceed  the  amount  of  the
  municipality's   distribution  under  the  juvenile  detention  services
  program.
(c) Reimbursement for administrative related expenditures  as  defined
  by  the office of children and family services, for secure and nonsecure
  detention services shall not  exceed  seventeen  percent  of  the  total
  approved  expenditures  for  facilities  of twenty-five beds or more and
  shall not exceed twenty-one percent of the total  approved  expenditures
  for facilities with less than twenty-five beds.
* 5.  (a)  Except  as  provided  in paragraph (b) of this subdivision,
  care, maintenance and supervision for the purpose of this section  shall
  mean and include only:
** (1) temporary care, maintenance and supervision provided to alleged
  juvenile  delinquents  and  persons  in need of supervision in detention
  facilities certified pursuant to sections seven hundred twenty and 305.2
  of the family court act by the office of children and  family  services,
  pending   adjudication   of  alleged  delinquency  or  alleged  need  of
  supervision by the family court, or pending transfer to institutions  to
  which committed or placed by such court or while awaiting disposition by
  such  court after adjudication or held pursuant to a securing order of a
  criminal court if  the  person  named  therein  as  principal  is  under
  seventeen years of age; or
** NB Effective until January 1, 2020
** (1) temporary care, maintenance and supervision provided to alleged
  juvenile  delinquents  in  detention  facilities  certified  pursuant to
  section 305.2 of the family court act by  the  office  of  children  and
  family  services,  pending  adjudication  of  alleged delinquency by the
  family court, or pending transfer to institutions to which committed  or
  placed  by  such court or while awaiting disposition by such court after
  adjudication or held pursuant to a securing order of a criminal court if
  the person named therein as principal is under seventeen years  of  age;
  or
** NB Effective January 1, 2020
(1-a)  commencing  on  October first, two thousand nineteen, temporary
  care,  maintenance,  and  supervision  provided  to   alleged   juvenile
  delinquents  in detention facilities certified by the office of children
  and family services, pending adjudication of alleged delinquency by  the
  family  court, or pending transfer to institutions to which committed or
  placed by such court or while awaiting disposition by such  court  after
  adjudication or held pursuant to a securing order of a criminal court if
  the person named therein as principal is under twenty-one; or
(2)  temporary  care,  maintenance  and  supervision provided juvenile
  delinquents in approved detention  facilities  at  the  request  of  the
  office  of  children  and  family  services  pending  release revocation
  hearings or while awaiting disposition after such hearings; or
(3) temporary care, maintenance and supervision in approved  detention
  facilities  for  youth  held  pursuant  to  the  family court act or the
  interstate compact on  juveniles,  pending  return  to  their  place  of
  residence or domicile; or

** (4)  temporary  care,  maintenance  and  supervision provided youth
  detained in foster care  facilities  or  certified  or  approved  family
  boarding homes pursuant to article seven of the family court act.
** NB Effective until January 1, 2020
** (4)  prior  to  January  first, two thousand twenty temporary care,
  maintenance and supervision  provided  youth  detained  in  foster  care
  facilities  or  certified  or approved family boarding homes pursuant to
  article seven of the family court act.
** NB Effective January 1, 2020
** (b) Payments made for reserved accommodations, whether  or  not  in
  full  time  use,  approved  and  certified by the office of children and
  family services and certified pursuant to sections seven hundred  twenty
  and  305.2  of  the  family  court act, in order to assure that adequate
  accommodations will be available for the immediate reception and  proper
  care  therein  of  youth  for  which  detention  costs  are reimbursable
  pursuant to paragraph (a) of this subdivision, shall  be  reimbursed  as
  expenditures  for care, maintenance and supervision under the provisions
  of this section, provided the office shall have given its prior approval
  for reserving such accommodations.
** NB Effective until January 1, 2020
** (b) Payments made for reserved accommodations, whether  or  not  in
  full  time  use,  approved  and  certified by the office of children and
  family services and certified pursuant to section 305.2  of  the  family
  court  act,  in  order  to  assure  that adequate accommodations will be
  available for the immediate reception and proper care therein  of  youth
  for  which detention costs are reimbursable pursuant to paragraph (a) of
  this  subdivision,  shall  be  reimbursed  as  expenditures  for   care,
  maintenance  and  supervision  under  the  provisions  of  this section,
  provided the office shall have given its prior  approval  for  reserving
  such accommodations.
** NB Effective January 1, 2020
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019
* 6. The office of children and family services may adopt,  amend,  or
  rescind  all  rules  and  regulations,  subject  to  the approval of the
  director of the budget and certification to the chairmen of  the  senate
  finance  and  assembly ways and means committees, necessary to carry out
  the provisions of this section.
* NB See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies  for
  10/1/2019
* 7.  The  agency administering detention for each county and the city
  of New York shall submit to the office of children and family  services,
  at  such  times  and  in  such  form  and  manner  and  containing  such
  information as required by the office of children and  family  services,
  an annual report on youth remanded pursuant to article three or seven of
  the  family  court  act  who  are  detained  during  each  calendar year
  including, commencing January first, two thousand twelve, the risk level
  of each detained youth  as  assessed  by  a  detention  risk  assessment
  instrument  approved  by the office of children and family services. The
  office may require that such data on detention use be submitted  to  the
  office electronically. Such report shall include, but not be limited to,
  the  reason  for  the  court's  determination in accordance with section
  320.5 or seven hundred thirty-nine of the family court act to detain the
  youth; the offense or offenses with which the youth is charged; and  all
  other  reasons why the youth remains detained. The office shall submit a
  compilation of  all  the  separate  reports  to  the  governor  and  the
  legislature.
* NB Effective until January 1, 2020

* 7.  The  agency administering detention for each county and the city
  of New York shall submit to the office of children and family  services,
  at  such  times  and  in  such  form  and  manner  and  containing  such
  information as required by the office of children and  family  services,
  an annual report on youth remanded pursuant to article three or seven of
  the  family  court  act  who  are  detained  during  each  calendar year
  including, commencing January first, two thousand twelve, the risk level
  of each detained youth  as  assessed  by  a  detention  risk  assessment
  instrument  approved  by  the  office  of  children  and family services
  provided, however, that the  report  due  January  first,  two  thousand
  twenty-one   and  thereafter  shall  not  be  required  to  contain  any
  information on youth who are subject to  article  seven  of  the  family
  court  act.  The  office  may require that such data on detention use be
  submitted to the office electronically. Such report shall  include,  but
  not  be  limited  to,  the  reason  for  the  court's  determination  in
  accordance with section 320.5 or seven hundred thirty-nine of the family
  court act to detain the youth; the offense or offenses  with  which  the
  youth  is charged; and all other reasons why the youth remains detained.
  The office shall submit a compilation of all the separate reports to the
  governor and the legislature.
* NB Effective January 1, 2020
* 8. Notwithstanding any law to the  contrary,  on  or  after  January
  first,  two  thousand twenty, the state shall not reimburse for the cost
  of the detention of any person in  need  of  supervision  under  article
  seven of the family court act.
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019