New York A 10717: Requires the office of children and family services certify certain detention facilities for youths

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A10717 Summary:

BILL NOA10717 

&nbsp

SAME ASNo Same As

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SPONSORHevesi

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COSPNSRKay, Simon, McDonald, Kelles

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MLTSPNSR

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Amd §§301.2, 304.1 & 320.5, Fam Ct Act; amd §510.15, CP L; amd §502, Exec L; amd §218-a, County L

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Requires the office of children and family services certify certain detention facilities for youths and promulgate regulations for certain detention facilities for youths.

Go to top A10717 Actions:

BILL NOA10717 

&nbsp

03/27/2026referred to children and families

Go to topA10717 Committee&nbspVotes:

Go to topA10717 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10717 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10717

 IN ASSEMBLY

 March 27, 2026
 ___________

 Introduced by M. of A. HEVESI -- read once and referred to the Committee
 on Children and Families

 AN ACT to amend the family court act, the criminal procedure law, the
 executive law and the county law, in relation to non-secure detention
 facilities for youth charged with acts of juvenile delinquency, juve-
 nile offenses or adolescent offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 301.2 of the family court act, as
 2 amended by chapter 465 of the laws of 1992, is amended to read as
 3 follows:
 4 3. "Detention" means the temporary care and maintenance of children
 5 away from their own homes, as defined in section five hundred two of the
 6 executive law. Detention of a person alleged to be or adjudicated as a
 7 juvenile delinquent shall be authorized only in a facility certified by
 8 the [division for youth] office of children and family services as a
 9 detention facility pursuant to section five hundred three of the execu-
 10 tive law.
 11 § 2. Subdivision 1 of section 304.1 of the family court act, as
 12 amended by section 59 of part WWW of chapter 59 of the laws of 2017, is
 13 amended to read as follows:
 14 1. A facility certified by the office of children and family services
 15 as a juvenile non-secure or secure detention facility must be operated
 16 in conformity with the regulations of the office of children and family
 17 services. Every county, either individually or acting in collaboration
 18 with one or more other counties, shall arrange for, or have access to,
 19 sufficient certified juvenile non-secure and secure detention facili-
 20 ties.
 21 § 3. Subdivision 1 of section 320.5 of the family court act, as added
 22 by chapter 920 of the laws of 1982, is amended to read as follows:
 23 1. At the initial appearance, the court in its discretion may release
 24 the respondent or direct [his] detention in a certified juvenile non-se-
 25 cure or secure detention facility.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15216-01-6

 A. 10717 2

 1 § 4. Subdivision 1 of section 510.15 of the criminal procedure law, as
 2 amended by chapter 813 of the laws of 2021, is amended to read as
 3 follows:
 4 1. When a principal who is under the age of sixteen is committed to
 5 the custody of the sheriff the court must direct that the principal be
 6 taken to and lodged in a place certified by the office of children and
 7 family services as a juvenile non-secure or secure detention facility
 8 for the reception of children. When a principal who (a) commencing
 9 October first, two thousand eighteen, is sixteen years of age; or (b)
 10 commencing October first, two thousand nineteen, is sixteen or seventeen
 11 years of age, is committed to the custody of the sheriff, the court must
 12 direct that the principal be taken to and lodged in a place certified by
 13 the office of children and family services in conjunction with the state
 14 commission of correction as a non-secure or specialized secure juvenile
 15 detention facility for older youth. Where such a direction is made the
 16 sheriff shall deliver the principal in accordance therewith and such
 17 person shall although lodged and cared for in a juvenile detention
 18 facility continue to be deemed to be in the custody of the sheriff. No
 19 principal under the age specified to whom the prov