BILL NUMBER: S7117
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the executive law, in relation to the powers and duties
of the correctional association to inspect residential juvenile facili-
ties
 
PURPOSE:
This bill would allow the correctional association to act as an inde-
pendent, external oversight body with unrestricted access to juvenile
placement facilities to monitor and report on OCFS' juvenile justice
policies and practices. Additionally, the bill would allow prisoners'
legal services of New York to provide legal representation to juveniles
and would establish a hotline by which youth in OCFS facilities could
make reports of maltreatment or abuse.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by adding a new section 504-c to
provide the correctional association with authority to inspect juvenile
detention and division facilities and to obtain information and documen-
tation relating to such facilities.
Section 2: Amends the executive law by adding a new section 504-d and
504-e to provide prisoners' legal services with the authority to repre-
sent juveniles in juvenile detention and division facilities and to
establish a confidential toll-free hotline for the purpose of reporting
abuse and complaints regarding conditions of confinements in OCFS facil-
ities.
Section 3: Sets forth the effective date.
 
JUSTIFICATION:
The Correctional Association of New York has provided a watchful eye
over New York's prisons ever since its founding in 1844. Their advocacy
has led to several important reforms of the prison system including the
introduction of several initiatives to improve medical, mental health
and substance abuse services and treatment within prisons. Today's juve-
nile justice facilities are not like adult prisons of 1844, or the pris-
ons of today. But the challenges are similarly difficult. Alengthy
investigation by the Department of Justice uncovered shocking abuses by
the staff at the State's juvenile justice facilities. Thesestaff persons
have used violence to maintain order within the facility, resulting in a
number of serious injuries to youth including broken bones, concussions,
and bone fractures caused by the twisting of limbs.The Department of
Justice also found that mental health services within these facilities
were shockingly inadequate. Children often received contradictory mental
health diagnoses. Medications were improperly administered, and the
medicine's effects were unmonitored.
When this bill is enacted, the Correctional Association will provide
external, independent oversight over the Office of Children and Family
Services' administration of these facilities. Their expertise in correc-
tional practice and policy, when paired with their specific expertise in
juvenile justice reform, will help guide New York past the difficult
reform that is necessary in order to keep our children safe.
To compliment the role of the Correctional Association (CA), this bill
would also authorize Prisoners' Legal Services of New York to establish
a Juvenile Justice Unit vested with the authority to represent the chil-
dren in the State's residential juvenile detention facilities. Prison-
ers' Legal Services' enforcement role will involve interviewing the
youth, reviewing their records, investigating their complaints, and
advocating for their rights, safety and well-being. With more than 34
years of experience representing and advocating for the humane treatment
of those individuals held in the care of our state, PLS has offices
inclose proximity to the youth facilities and has the infrastructure and
substantive knowledge necessary to address these issues in a timelyfash-
ion. PLS is required to notify any appointed Law Guardian to ensure that
the best interest of the child continues to be served.
This bill also provides for the establishment of a confidential, toll-
free hotline for those youth residing in a facility maintained by the
Office of Children and Family Services. This hotline will provide an
external contact for juveniles' whose rights have been violated or who
need legal assistance in a facility matter. The two-pronged approach of
empowering both the Correctional Association and Prisoners' Legal
Services will increase the likelihood that constitutional violations
will be revealed and will be remedied.
 
LEGISLATIVE HISTORY:
SENATE:
2024: S600 (Salazar)- Passed Senate
2023: 5600 (Salazar)- Passed Senate
2022: S8611A (Salazar)- Referred to Children and Families, Committed to
Finance, Committed to Rules, Amend, Recommit to Rules
ASSEMBLY:
2023: A7261 (Aubry)- Referred to Correction, Reported to Ways and Means
2023: A7261 (Aubry)- Referred to Correction
2022: No "Same as"
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.