New York Laws
Title 2 - Facilities
508 - Juvenile Offender and Adolescent Offender Facilities.

§ 508. Juvenile offender and adolescent offender facilities. 1. The
office of children and family services shall maintain secure facilities
for the care and confinement of juvenile offenders and adolescent
offenders committed for a sentence pursuant to the sentencing provisions
of the penal law. Such facilities shall provide appropriate services to
juvenile offenders and adolescent offenders including but not limited to
residential care, educational and vocational training, physical and
mental health services, and employment counseling.

2. Juvenile offenders and adolescent offenders shall be confined in
such facilities until the age of twenty-one in accordance with their
sentences, and shall not be released, discharged or permitted home
visits except pursuant to the provisions of this section.

3. The office of children and family services shall report in writing
to the sentencing court and district attorney, not less than once every
six months during the period of confinement, on the status, adjustment,
programs and progress of the offender.

The office of children and family services may transfer an offender
not less than eighteen years of age to the department of corrections and
community supervision if the commissioner of the office certifies to the
commissioner of corrections and community supervision that there is no
substantial likelihood that the youth will benefit from the programs
offered by office facilities.

4. The office of children and family services may apply to the
sentencing court for permission to transfer a youth not less than
sixteen nor more than eighteen years of age to the department of
corrections and community supervision. Such application shall be made
upon notice to the youth, who shall be entitled to be heard upon the
application and to be represented by counsel. The court shall grant the
application if it is satisfied that there is no substantial likelihood
that the youth will benefit from the programs offered by the office
facilities.

5. The office of children and family services may transfer an offender
not less than eighteen nor more than twenty-one years of age to the
department of corrections and community supervision if the commissioner
of the office certifies to the commissioner of corrections and community
supervision that there is no substantial likelihood that the youth will
benefit from the programs offered by office facilities.

6. At age twenty-one, all juvenile offenders shall be transferred to
the custody of the department of corrections and community supervision
for confinement pursuant to the correction law.

7. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his or her parole, temporary release and discharge shall be
governed by the laws applicable to incarcerated individuals of state
correctional facilities and his or her transfer to state hospitals in
the office of mental health shall be governed by section five hundred
nine of this title; provided, however, that an otherwise eligible
offender may receive the six-month limited credit time allowance for
successful participation in one or more programs developed by the office
of children and family services that are comparable to the programs set
forth in section eight hundred three-b of the correction law, taking
into consideration the age of offenders. The commissioner of the office
of children and family services shall, however, establish and operate
temporary release programs at office of children and family services
facilities for eligible juvenile offenders and adolescent offenders and
contract with the department of corrections and community supervision
for the provision of parole supervision services for temporary
releasees. The rules and regulations for these programs shall not be

inconsistent with the laws for temporary release applicable to
incarcerated individuals of state correctional facilities. For the
purposes of temporary release programs for juvenile offenders and
adolescent offenders only, when referred to or defined in article
twenty-six of the correction law, "institution" shall mean any facility
designated by the commissioner of the office of children and family
services, "department" shall mean the office of children and family
services, "incarcerated individual" shall mean a juvenile offender or
adolescent offender residing in an office of children and family
services facility, and "commissioner" shall mean the commissioner of the
office of children and family services. Time spent in office of children
and family services facilities and in juvenile detention facilities
shall be credited towards the sentence imposed in the same manner and to
the same extent applicable to incarcerated individuals of state
correctional facilities.

8. Whenever a juvenile offender, adolescent offender or a juvenile
offender or adolescent offender adjudicated a youthful offender shall be
delivered to the director of an office of children and family services
facility pursuant to a commitment to the office of children and family
services, the officer so delivering such person shall deliver to such
facility director a certified copy of the sentence received by such
officer from the clerk of the court by which such person shall have been
sentenced, a copy of the report of the probation officer's investigation
and report, any other pre-sentence memoranda filed with the court, a
copy of the person's fingerprint records, a detailed summary of
available medical records, psychiatric records and reports relating to
assaults, or other violent acts, attempts at suicide or escape by the
person while in the custody of a local detention facility.

9. Notwithstanding any provision of law, including section five
hundred one-c of this article, the office of children and family
services shall make records pertaining to a person convicted of a sex
offense as defined in subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental health
or the commissioner of the office for people with developmental
disabilities, as appropriate; a case review panel; and the attorney
general; in accordance with the provisions of article ten of the mental
hygiene law.