STATE OF NEW YORK ________________________________________________________________________ 5283--A 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. DILAN, HEVESI, DAVILA -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to the powers and duties of the correctional association to inspect residential juvenile facil- ities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 504-c 2 to read as follows: 3 § 504-c. Powers and duties of the correctional association of New 4 York. 1. Notwithstanding any other provision of law to the contrary, the 5 correctional association of New York, by such committees as they shall 6 from time to time appoint, shall have the power, authority and duty to 7 regularly visit, inspect, and examine all non-secure detention facili- 8 ties, secure detention facilities, specialized secure detention facili- 9 ties, secure residential division facilities, limited secure residential 10 division facilities, and non-secure residential division facilities 11 operated, maintained, monitored or certified by the office of children 12 and family services, including all property, documents, records, poli- 13 cies, procedures, staff and all such other things maintained or 14 controlled by such facilities. 15 2. The correctional association shall have the authority to conduct 16 unannounced visits at all non-secure detention facilities, secure 17 detention facilities, specialized secure detention facilities, secure 18 residential division facilities, limited secure residential division 19 facilities, and non-secure residential division facilities operated, 20 maintained, monitored or certified by the office of children and family 21 services to ensure the welfare of the youth is protected. The correc- 22 tional association shall have the authority to receive and review copies 23 of all incident reports involving youth residing in such facilities. If EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00602-03-5
A. 5283--A 2 1 the correctional association learns that a youth has been maltreated or 2 abused, or that a youth has made allegations of maltreatment or abuse, 3 they shall make an immediate report to the commissioner of the office of 4 children and family services, the justice center for the protection of 5 people with special needs, and to prisoners' legal services of New York. 6 3. The correctional association shall have the authority to have 7 confidential contact in person and in writing with the residents and 8 staff of non-secure detention facilities, secure detention facilities, 9 specialized secure detention facilities, secure residential division 10 facilities, limited secure residential division facilities, and non-se- 11 cure residential division facilities operated, maintained, monitored or 12 certified by the office of children and family services. All confiden- 13 tial information the correctional association obtains while fulfilling 14 its duties under this section shall remain confidential and any limita- 15 tions on the release thereof imposed by law upon the party furnishing 16 the information shall apply to the correctional association, provided 17 that the correctional association may report such information related to 18 the maltreatment or abuse of youth as required by subdivision two of 19 this section. 20 4. The correctional association shall annually report to the governor, 21 the temporary president of the senate, the speaker of the assembly, the 22 chairs of the children and families committee in the senate and assem- 23 bly, the office of children and family services, labor representatives, 24 and the media regarding the state and condition of the non-secure 25 detention facilities, secure detention facilities, specialized secure 26 detention facilities, secure residential division facilities, limited 27 secure residential division facilities, and non-secure residential divi- 28 sion facilities operated, maintained, monitored and certified by the 29 office of children and family services, including any suggested remedial 30 actions. The initial report required by this subdivision shall be 31 presented by the first of November next succeeding the effective date of 32 this section. The correctional association shall make all reports avail- 33 able on the internet. The office of children and family services shall 34 meet with the correctional association and respond in writing to the 35 findings and recommendations issued in the annual reports. The office of 36 children and family services shall make its response available on the 37 internet. 38 5. The provisions of this section shall not apply to any child who is 39 placed in foster care pursuant to section three hundred fifty-eight-a, 40 three hundred eighty-four or three hundred eighty-four-a of the social 41 services law or pursuant to section one thousand twenty-one, one thou- 42 sand twenty-two, one thousand twenty-four, one thousand twenty-seven, or 43 one thousand fifty-two of the family court act; or directly placed with 44 a relative pursuant to section one thousand seventeen or one thousand 45 fifty-five of the family court act. 46 § 2. The executive law is amended by adding two new sections 504-d and 47 504-e to read as follows: 48 § 504-d. Prisoners' legal services of New York hotline access. The 49 office of children and family services shall ensure that all youth 50 placed in non-secure detention facilities, secure detention facilities, 51 specialized secure detention facilities, secure residential division 52 facilities, limited secure residential division facilities, and non-se- 53 cure residential division facilities operated, maintained, monitored or 54 certified by the office of children and family services have access to a 55 confidential toll-free hotline established by prisoners' legal services 56 of New York for the purposes of reporting maltreatment or abuse and
A. 5283--A 3 1 complaints regarding conditions of placement or confinement. The office 2 of children and family services shall allow prisoners' legal services of 3 New York quarterly access to such facilities to advise the youth of 4 their procedural and substantive rights and inform such youth of the 5 hotline. 6 § 504-e. Powers of prisoners' legal services of New York. 1. Notwith- 7 standing any other provision of law to the contrary, prisoners' legal 8 services, by and through their employees, upon notification of a 9 complaint of maltreatment or abuse or a complaint regarding a condition 10 of placement or confinement by the correctional association of New York 11 pursuant to subdivision two of section five hundred four-c of this 12 title, via the hotline established pursuant to subdivision three of this 13 section, or by a parent, guardian or any other concerned individual, 14 shall have the power and authority to provide legal representation to 15 youth residing in non-secure detention facilities, secure detention 16 facilities, specialized secure detention facilities, secure residential 17 division facilities, limited secure residential division facilities, and 18 non-secure residential division facilities operated, maintained, moni- 19 tored or certified by the office of children and family services, 20 including the power and authority to have confidential contact visits 21 with such youth, review their records, investigate their complaints, and 22 advocate for their rights, safety and well-being. Upon commencing repre- 23 sentation of a youth pursuant to this section, prisoners' legal services 24 shall provide notice to the attorney for the child or retained counsel 25 or appointed counsel, if any, who represent such youth at the time the 26 complaint is received. Upon commencing representation of a youth pursu- 27 ant to this section, prisoners' legal services shall provide notice to 28 the parent, guardian, or custodian of the youth. Upon commencing repre- 29 sentation of a youth pursuant to this section, prisoners' legal services 30 shall provide notice to the local department of social services and/or 31 entity which is the temporary custodian of the youth or which facili- 32 tates the youth's placement or confinement at the time the complaint is 33 received. 34 2. Prisoners' legal services shall have the authority to inspect, 35 request, receive and review all documents associated with representation 36 of a youth pursuant to subdivision one of this section, including but 37 not limited to, use of force documents, unusual incident reports, 38 medical and mental health records, disciplinary records and programming 39 institutional records, presentence reports and court records, including 40 sealed records, without obtaining an unseal order. The entity providing 41 documents shall have the authority to remove and/or redact the confiden- 42 tial information of any youth contained in the documents provided who 43 are not represented by prisoners' legal services. 44 3. Prisoners' legal services shall be authorized to establish a confi- 45 dential toll-free hotline for the purpose of receiving reports of 46 maltreatment or abuse from youth residing at non-secure detention facil- 47 ities, secure detention facilities, specialized secure detention facili- 48 ties, secure residential division facilities, limited secure residential 49 division facilities, and non-secure residential division facilities 50 operated, maintained, monitored or certified by the office of children 51 and family services. 52 4. All confidential information obtained by prisoners' legal services 53 pursuant to its functions under this section shall remain confidential 54 and any limitations on the release thereof imposed by law upon the party 55 furnishing the information shall apply to prisoners' legal services. 56 Confidential information obtained by prisoners' legal services pursuant
A. 5283--A 4 1 to its functions under this section may be appended to legal documents 2 and pleadings as a sealed exhibit. 3 5. The provisions of this section shall not apply to any child who is 4 placed in foster care pursuant to section three hundred fifty-eight-a, 5 three hundred eighty-four or three hundred eighty-four-a of the social 6 services law or pursuant to section one thousand twenty-one, one thou- 7 sand twenty-two, one thousand twenty-four, one thousand twenty-seven, or 8 one thousand fifty-two of the family court act; or directly placed with 9 a relative pursuant to section one thousand seventeen or one thousand 10 fifty-five of the family court act. 11 § 3. This act shall take effect on the sixtieth day after it shall 12 have become a law.