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* Editor's note: there are two sections designated as § 21-922.
a. There is hereby established a juvenile justice advisory board to advise and provide recommendations to the mayor, the council, and ACS on issues related to juvenile justice, including, but not limited to:
1. Risk factors associated with criminal behavior among youth and interventions to prevent such behavior;
2. The availability of community-based services directed at youth, including justice-involved youth, and their families that effectively prevent youth involvement in criminal behavior and aid in the re-entry and transition from juvenile detention or another court-ordered placement facility to the community. Such services include educational and mental health services, including services that address trauma, family support, and vocation;
3. The availability and efficacy of academic and vocational programming for youth in detention or another court-ordered placement in connection with a juvenile delinquency proceeding;
4. Challenges faced by youth upon discharge from detention or another court-ordered placement in connection with a juvenile delinquency proceeding; and
5. The particular challenges faced by justice-involved youth in foster care.
b. The board shall consist of 20 members, as follows:
1. The speaker of the council or their designee;
2. The commissioner of ACS or their designee;
3. The commissioner of probation or their designee;
4. The commissioner of youth and community development or their designee;
5. The chancellor of the department of education or their designee;
6. The director of the mayor's office of criminal justice or their designee;
7. The commissioner of health and mental hygiene or their designee; and
8. 13 public members, including:
(a) The following mayoral appointees:
(1) 1 attorney who specializes in defending youth in family court;
(2) 1 attorney who specializes in defending youth in New York state supreme court;
(3) 1 individual representing an organization that advocates for improvements in education;
(4) 1 mental health professional who specializes in the provision of pediatric mental health services;
(5) 1 individual who specializes in issues of housing adolescents; and
(6) 2 individuals who provide community-based youth development services, 1 of whom focuses on justice-involved youth; and
(b) 6 individuals, or family members of individuals, who were incarcerated, detained, or placed in a juvenile justice facility before their nineteenth birthday, 1 of each to be appointed by the borough presidents and the public advocate.
c. 1. Board members shall serve without compensation.
2. All appointments required by this section shall be made no later than 120 days after the effective date of the local law that added this section.
3. Board members shall serve terms of 6 years and no such member shall be removed from office except by the appointing officer.
4. Any vacancy on the board shall be filled in the manner of the original appointment.
d. The board shall meet at least quarterly and choose a chairperson at its first meeting. The board shall keep a record of its proceedings and determine the rules of its own proceedings, provided that special meetings may be called by the chairperson upon their own initiative or upon receipt of a written request signed by at least 4 board members. Written notice of the time and place of such special meetings shall be given to each member at least 2 weeks before the date fixed by the notice for such special meeting.
e. The board shall, at least annually, hold a public meeting to solicit feedback from stakeholders and the public.
f. No later than 1 year after all appointments required by this section are made, and annually thereafter, the board shall submit to the mayor and the speaker of the council a report describing the activities of the board over the preceding 12 months, the results of the board's review and recommendations pursuant to this section, and any challenges faced by the board in providing oversight and feedback pursuant to this section. Each such report shall be posted to ACS's website upon submission to the mayor.
(L.L. 2023/033, 3/14/2023, eff. 9/10/2023)
* Editor's note: there are two sections designated as § 21-922.
a. Within 15 days of January 1, 2025, and no later than 90 days after the end of each quarter thereafter, ACS shall submit to the speaker of the council and post on ACS’s website a report regarding the average number of staff members during the previous quarter deployed to secure and specialized secure detention facilities, in total and disaggregated by facility.
b. The data provided pursuant to subdivision a for specialized juvenile detention shall be further disaggregated by the average number of ACS staff, in total and disaggregated by job title.
c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between 1 and 5 youth, the number shall be replaced with a symbol.
(L.L. 2024/112, 11/22/2024, eff. 11/22/2024)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Age range. The term "age range" refers to a breakdown by the following categories: 6 years or less; 7 - 12 years; 13 - 17 years; and 18 - 20 years.
Children's center. The term "children's center" means the Nicholas Scoppetta children's center or a successor center operated by ACS for the purpose of providing short-term care and maintenance therein for children or youth under ACS's care.
Length of stay. The term "length of stay" refers to a breakdown by the following categories: 3 days or less; 4 - 7 days; 8 - 10 days; 11 - 20 days; 21 - 30 days; 31 - 60 days; 61 - 120 days; 121 - 180 days; and 181 or more days.
Rapid intervention center. The term "rapid intervention center" means a facility that provides intensive, structured, clinically-focused, therapeutic programming designed to provide stabilization and short-term, intensive treatment interventions to youth in a residential setting so that they may be returned to their parents, foster parents, or least-restrictive level of care as promptly as possible.
Temporary placement facility. The term "temporary placement facility" means a facility for children or youth under the care of ACS who await a longer-term placement.
Youth reception center. The term "youth reception center" means a short-term, pre-placement facility for children or youth under the care of ACS who await placement with an appropriate foster care provider.
b. No later than March 31, 2024, and quarterly thereafter, ACS shall submit to the mayor and the speaker of the council, and shall post conspicuously on the ACS website, a report containing the following information, disaggregated by age range and length of stay, for the children's center, youth reception centers, rapid intervention centers, and any other temporary placement facilities for the immediately preceding quarter:
1. The number of children or youth residing in such facility; and
2. The number of such children or youth who were placed in such facility for the first time.
c. The report required pursuant to subdivision b shall be presented as a table where each row represents 1 of the following: (i) the children's center; (ii) youth reception centers; (iii) rapid intervention centers; and (iv) other temporary placement facilities. The columns in such table shall include the number of children or youth residing in the applicable facility, the number of such children or youth in each age range, the number of such children or youth in each category of length of stay, and the number of such children or youth placed in such facility for the first time.
d. No report required by this section shall contain personally identifiable information. If a category contains between 1 and 5 children or youth, or contains a number that would allow the identity of a child or youth in another category that contains between 1 and 5 children or youth to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state, or local law relating to the privacy of children's information. Reports submitted pursuant to this section shall be made in accordance with all applicable provisions of federal, state, and local laws relating to the privacy of information and confidentiality of records.
(L.L. 2023/050, 4/16/2023, eff. 4/16/2023)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
ACS division. The term “ACS division” means the division of youth and family justice of the ACS.
Adolescent offender. The term “adolescent offender” means any individual who is charged pursuant to the criminal procedure law as an adolescent offender, as such term is defined in subdivision 44 of section 1.20 of the criminal procedure law, and who is in custody of ACS.
Children and youth in ACS division facilities. The term “children and youth in ACS division facilities” shall include all children between the ages of 13 and 20 who are in custody in facilities operated by the ACS division, pursuant to a court order.
Commissioner. The term “commissioner” means the commissioner of education of the state of New York.
Custody. The term “custody” means the confinement, in secure and non-secure detention, of an individual by the ACS division pursuant to a court order.
Department of education site. The term “department of education site” means any site that is (i) operated by the department of education and offers educational programming to individuals who are required to receive a public education pursuant to education law 3205 and chancellor’s regulation A-210 or any successor regulation or provision and who are in custody pursuant to a court order and (ii) located on property that is either under the control of the department of education or ACS or that is contracted by the department of education or ACS for the purpose of providing services for the department of education or for ACS.
Department of education staff. The term “department of education staff” means any employee of the department of education assigned to work at a department of education site.
Educational programming. The term “educational programming” means educational programming provided by the department of education pursuant to section 112 or part 1 of article 65 of title 4 of the education law, and any regulation promulgated by the commissioner of education thereto.
High school equivalency diploma. The term “high school equivalency diploma” means the diploma established pursuant to part 100.7 of the regulations of the commissioner or any successor regulation.
High school equivalency diploma test. The term “high school equivalency diploma test” means any test that the New York state education department offers for the purpose of establishing the equivalent of a high school diploma, including, but not limited to, a general education development test or the test assessing secondary completion.
Individualized education program. The term “individualized education program” has the same meaning as is set forth in paragraph (1) of subsection (d) of section 1414 of title 20 of the United States code and any regulations promulgated thereto.
Juvenile delinquent. The term “juvenile delinquent” means any individual in the custody of the ACS division who is charged pursuant to the family court act as a juvenile delinquent, as such term is defined in subdivision 1 of section 301.2 of the family court act.
Juvenile offender. The term “juvenile offender” means any individual in the custody of the ACS division who is charged pursuant to the criminal procedure law as a juvenile offender, as such term is defined in subdivision 42 of section 1.20 of the criminal procedure law.
Local or regents diploma. The term “local or regents diploma” means the diploma established pursuant to part 100.5 of the regulations of the commissioner or any successor regulation or provision.
School re-entry. The term “school re-entry” means the process by which a student, following release from an ACS division facility, is re-enrolled in the school of the department of education in which such student was enrolled prior to being placed in custody of ACS.
Skills and achievement commencement credential. The term “skills and achievement commencement credential” means the credential established pursuant to part 100.6 of the regulations of the commissioner or any successor regulation or provision.
Special education plan. The term “special education plan” means the plan created by the department of education to describe the services a student in custody who has an individualized education program will receive in a department of education site.
b. The department of education and ACS shall each produce an annual report on educational programming for children and youth in ACS division facilities. On October 1, 2024, and every October 1 thereafter, the department of education and ACS shall post such report on their respective websites and provide a link in each such report to the other report.
c. The department of education report shall provide data about children and youth in ACS division facilities and shall include, but need not be limited to, the following information:
1. The number and percentage of children and youth in ACS division facilities enrolled in educational programming at department of education sites, both in total and disaggregated by age. Such number and percentage shall be reported for the school year and for each month. Such percentage shall be calculated on the final day of each month by dividing the number of children and youth in ACS division facilities enrolled in educational programming by the respective number of children and youth in custody on such date.
2. The number of hours of educational programming offered to children and youth in ACS division facilities on each school day and the curriculum subject areas included in educational programming.
3. The number of children and youth in ACS division facilities whose educational programming includes the required courses of study for the first 8 years of full-time public day school, pursuant to section 3204 of the education law, disaggregated by grade level.
4. The number of children and youth in ACS division facilities whose educational programming is designed for the (i) skills and achievement commencement credential, (ii) local or regents diploma, or (iii) high school equivalency diploma test.
5. The number of children and youth in ACS division facilities who, while in custody, completed the required courses of study for the first 8 years of full-time public day school, pursuant to section 3204 of the education law, disaggregated by grade level.
6. The number of children and youth in ACS division facilities who graduated, dropped out, or otherwise exited from high school while in custody, in total and disaggregated by the number of children and youth who completed requirements for a (i) local or regents diploma, or (ii) skills and achievement commencement credential.
7. The number of children and youth in ACS division facilities to whom a high school equivalency diploma test was administered while in custody.
8. The number of children and youth in ACS division facilities who met high school equivalency diploma requirements while in custody.
9. The number of children and youth in ACS division facilities who are enrolled in college level coursework.
10. The average functional level of children and youth in ACS division facilities on tests such as the STAR assessment, the test of basic adult education, or similar testing.
11. The number and percentage of children and youth in ACS division facilities enrolled in educational programming and have an individualized education program as of the date of enrollment in educational programming, disaggregated by disability classification. Such number and percentage shall be reported for the school year as well as for each month. Such percentage shall be calculated by dividing the number of children and youth in ACS division facilities so enrolled on the final day of each month by the respective number of children and youth in ACS division facilities in custody on such date.
12. The number of children and youth in ACS division facilities who, as of the date of enrollment in educational programming, had an individualized education program recommendation of:
(a) related services only;
(b) special education teacher support services;
(c) integrated co-teaching services;
(d) special class in a school located in districts 1 through 32, including high schools;
(e) special class in a school in district 75; or
(f) non-public school placement.
13. The number and percentage of children and youth in ACS division facilities for whom the department of education has completed special education plans within 30 school days of enrolling in educational programming.
14. The average and median number of days the department of education requires to complete special education plans, from the date children and youth in ACS division facilities with individualized education programs are enrolled in educational programming.
15. The number and percentage of children and youth in ACS division facilities who have special education plans and are receiving the full range of special education services indicated in their special education plan. This information shall be further disaggregated by whether such children and youth have been detained in secure or non-secure facilities.
16. The number and percentage of children and youth in ACS division facilities who have special education plans and are receiving the related services indicated in their special education plans. This information shall be further disaggregated by each related service, and whether such children and youth have been detained in secure or non-secure facilities.
17. The number and percentage of children and youth in ACS division facilities who have individualized education programs and have received special education evaluations while in custody. This information shall be further disaggregated by (i) the type of evaluation, including initial evaluation, mandated triennial reevaluation, or related service evaluation and (ii) whether such children and youth have been detained in secure or non-secure facilities.
18. The number and percentage of children and youth in ACS division facilities enrolled in educational programming whom the department of education identifies as having an English language learner status. Such number and percentage shall be reported for the school year as well as for each month. Such percentage shall be calculated by dividing the number of children and youth so enrolled on the final day of each month by the total number of children and youth in custody on such date.
19. The number and percentage of children and youth in ACS division facilities enrolled in educational programing who are identified as having an English language learner status who are receiving language instruction, in total and disaggregated by language and the type of instruction, including instruction by a certified English as a new language teacher, bilingual instruction, bilingual special education instruction, or language specific high school equivalency test preparation instruction.
20. The number of full-time equivalent teachers working at department of education sites assigned to teach children and youth in ACS division facilities, in total and disaggregated by (i) general education teachers, (ii) English-as-a-new-language teachers, and (iii) special education teachers.
21. The number of department of education staff other than teachers assigned to work at department of education sites, in total and disaggregated by staff role and by those working with children and youth in ACS division facilities.
22. The average class size for educational programming that the department of education provides to children and youth in ACS division facilities, disaggregated by facility location.
23. The number of children and youth in ACS division facilities participating in department of education career and technical education and the number of children and youth who complete such training.
24. The mean and median number of credits per quarter, semester, or other period of time that children and youth in ACS division facilities who are enrolled in high school educational programming attempted to earn and earn while in custody. This paragraph only applies to those children and youth who are in custody for a sufficient period to permit earning of credits.
25. The number of children and youth in ACS division facilities enrolled in physical education.
26. The mean and median rate of attendance in a department of education school for children and youth in ACS division facilities upon six months after their release from custody and upon one year post-release, disaggregated by age, race, disability classification, and English language learner status.
27. The mean and median number of days between release from ACS division custody and re-enrollment into schools of the department of education for children and youth in ACS division facilities, for students who are not returned to the schools of the department of education that such students attended preceding confinement in ACS division custody through the school re-entry process and the number of students re-enrolled in such schools through the school re-entry process.
28. The plans, if any, of the department of education to ensure the educational progress of children and youth in ACS division facilities, after their release from custody.
29. All high school courses offered to children and youth in ACS division facilities at department of education sites.
30. All socio-emotional, behavioral, and mental health supports and services provided by the department of education to children and youth in ACS division facilities, disaggregated by whether such services were mandated pursuant to the special education plan of such children and youth.
31. The number and percentage of children and youth in ACS division facilities who did not attend educational programming, and if known, disaggregated by the reason such children and youth did not attend educational programming, including, but not limited to, unexplained absence, illness, special needs or circumstances, unavailable mandated transportation, required court appearance, or school closure due to medical or health issue; and the average and median number of days such children and youth missed school, and if known, disaggregated by reason such children and youth did not attend educational programming. Such number shall be reported for each month.
d. The ACS report shall provide data about children and youth in custody in ACS division facilities and shall include, but need not be limited to, the following information:
1. The number of incidents of use of physical restraints at a department of education site, in total and disaggregated by (i) whether such physical restraints were used on a juvenile delinquent, juvenile offender, or adolescent offender and (ii) the reason for using such physical restraints.
2. The number of incidents of use of mechanical restraints at a department of education site, in total and disaggregated by (i) whether such mechanical restraints were used on a juvenile delinquent, juvenile offender, or adolescent offender and (ii) the reason for using such mechanical restraints.
3. The number of incidents of restraints resulting in injuries and the type of injuries to children and youth in ACS division facilities when attending educational programming.
e. No data required to be reported by subdivisions c and d of this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information respecting children and youth placed in custody in ACS division facilities or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 such children and youth, or allows another category to be narrowed to between 1 and 5 such children and youth, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state, or local law relating to the privacy of student information.
(L.L. 2024/021, 1/20/2024, eff. 1/20/2024)