9 CRR-NY 180-1.16NY-CRR
9 CRR-NY 180-1.16
9 CRR-NY 180-1.16
180-1.16 Jail placement.
(a) Authorization.
Section 304.1(2) of the Family Court Act requires Division for Youth approval prior to the jail placement of alleged or adjudicated juvenile delinquents remanded to detention and requires the division to promulgate regulations which it will apply in determining whether approval for such jail placement will be granted. Section 510.15 of the Criminal Procedure Law prohibits jail placement of an alleged or convicted juvenile offender under the age of 16 without the approval of the division. Approval for a jail placement may be requested by calling the Division for Youth Detention Services Unit at (518) 473-4630. This line is available 24 hours a day.
(b) Definition.
Jail placement shall mean the detention of a youth in a prison, jail, lockup or other place used for the incarceration of adults convicted of a crime or under arrest and charged with a crime.
(c) Circumstances under which jail placement may be approved:
(1) The youth is alleged to have committed or has been found to have committed an act or acts which if committed by an adult would constitute a crime or crimes as defined in the following provisions of the Penal Law: section 125.25(1)-(2) (murder in the second degree) and subdivision (3) of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); section 120.10(1)-(2) (assault in the first degree); 125.20 (manslaughter in the first degree); section 130.35(1)-(2) (rape in the first degree); section 130.50(1)-(2) (sodomy in the first degree); 130.70 (aggravated sexual abuse); 140.30 (burglary in the first degree); section 140.25(1) (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); or section 160.10(2) (robbery in the second degree); or defined in the Penal Law as an attempt to commit murder in the second degree or kidnapping in the first degree.
(2) No secure juvenile detention facility, including a 48-hour holdover facility, has a bed available to provide secure detention care. A bed may be deemed unavailable in the following emergency conditions: when road conditions have been defined by The National Weather Service as hazardous; or when the time in transporting to and from that facility would make it impractical (considering the health and welfare of the youth) to assure a timely court appearance; or when a child needs secure care in a hospital and no children's ward is available.
(d) Circumstances under which jail placement will not be approved.
Jail placement will not be approved for a juvenile under the age of 14 years, with the exception of a 13 year-old alleged or convicted juvenile offender.
(e) Conditions of jail placement.
(1) Authorization shall be for a 12-hour period and may be renewed for additional 12-hour periods only so long as the emergency conditions as defined above continue to exist.
(2) Youth shall be housed in quarters separate from incarcerated adults.
(3) There shall be complete audio and visual separation of youth from incarcerated adults.
(4) There shall be continuous direct staff supervision of youth in jail placement. Audio and visual monitoring devices may not be substituted for direct staff supervision.
(5) Each youth shall be provided with a bed, mattress, blanket and pillow.
(6) Each facility shall assure that a youth is provided meals at established mealtimes. A meal must be provided to any youth detained more than five hours.
(7) Youth may be visited by parents, legal guardian or attorney at any time during the time of incarceration.
(8) Persons requesting jail placement of a youth shall be obligated to notify the youth's parent, or legal guardian of the youth's location.
(9) Youth shall be held only in jails or lockups which are monitored by the New York State Commission of Correction.
9 CRR-NY 180-1.16
Current through September 15, 2021
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