S 10108 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10108 Summary: BILL NO S10108 &nbsp SAME AS SAME AS A03227

&nbsp SPONSOR CLEARE &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §503, add §§504-c & 504-d, Exec L &nbsp Authorizes the correctional association to inspect residential juvenile detention facilities.

Go to top S10108 Text:

STATE OF NEW YORK ________________________________________________________________________

10108

IN SENATE

April 30, 2026 ___________

Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families

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. Section 503 of the executive law is amended by adding a new 2 subdivision 6-a to read as follows: 3 6-a. The office of children and family services shall ensure that all 4 youth placed in secure, limited secure and non-secure facilities oper- 5 ated, maintained or certified by the office of children and family 6 services have access to a confidential toll-free hotline established by 7 prisoners' legal services of New York pursuant to subdivision three of 8 section five hundred four-d of this title for the purposes of reporting 9 abuse and complaints regarding conditions of confinement. The office of 10 children and family services shall allow prisoners' legal services of 11 New York quarterly access to such facilities to advise the youth of 12 their procedural and substantive rights and inform such youth of the 13 hotline. 14 § 2. The executive law is amended by adding a new section 504-c to 15 read as follows: 16 § 504-c. Powers and duties of the correctional association of New 17 York. 1. Notwithstanding any other provision of law to the contrary, the 18 correctional association of New York, by such committees as they shall 19 from time to time appoint, shall have the power, authority and duty to 20 regularly visit, inspect, and examine all secure, limited secure and 21 non-secure facilities operated, maintained or certified by the office of 22 children and family services, including all property, documents, 23 records, policies, procedures, staff and all such other things main- 24 tained or controlled by such facilities. 25 2. The correctional association shall have the authority to conduct 26 unannounced visits at all secure, limited secure and non-secure facili- 27 ties operated, maintained or certified by the office of children and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00602-02-5

S. 10108 2

1 family services to ensure the welfare of the youth is protected. The 2 correctional association shall have the authority to receive and review 3 copies of all incident reports involving youth residing in such facili- 4 ties. If the correctional association learns that a youth has been 5 abused they shall make an immediate report to the commissioner of the 6 office of children and family services, the statewide central registry 7 of child abuse, and to prisoners' legal services of New York. 8 3. The correctional association shall have the authority to have 9 confidential contact in person and in writing with the residents and 10 staff of secure, limited secure and non-secure facilities operated, 11 maintained or certified by the office of children and family services. 12 All confidential information the correctional association obtains while 13 fulfilling its duties under this section shall remain confidential and 14 any limitations on the release thereof imposed by law upon the party 15 furnishing the information shall apply to the correctional association, 16 provided that the correctional association may report such information 17 related to the abuse of youth as required by subdivision two of this 18 section. 19 4. The correctional association shall annually report to the governor, 20 the temporary president of the senate, the speaker of the assembly, the 21 chairs of the children and families committee in the senate and assem- 22 bly, the office of children and family services, labor representatives, 23 and the media regarding the state and condition of the secure, limited 24 secure and non-secure facilities operated, maintained and certified by 25 the office of children and family services, including any suggested 26 remedial actions. The initial report required by this subdivision shall 27 be presented by the first of November next succeeding the effective date 28 of this section. The correctional association shall make all reports 29 available on the internet. The office of children and family services 30 shall meet with the correctional association and respond in writing to 31 the findings and recommendations issued in the annual reports. The 32 office of children and family services shall make its response available 33 on the internet. 34 5. The provisions of this section shall not apply to any child who is 35 placed in foster care pursuant to section three hundred fifty-eight-a, 36 three hundred eighty-four or three hundred eighty-four-a of the social 37 services law or pursuant to section one thousand twenty-two, one thou- 38 sand twenty-seven, or one thousand fifty-two of the family court act; or 39 directly placed with a relative pursuant to section one thousand seven- 40 teen or one thousand fifty-five of the family court act. 41 § 3. The executive law is amended by adding a new section 504-d to 42 read as follows: 43 § 504-d. Powers of prisoners' legal services of New York. 1. Notwith- 44 standing any other provision of law to the contrary, prisoners' legal 45 services, by and through their employees, upon notification of abuse or 46 a complaint regarding a condition of confinement by the correctional 47 association of New York pursuant to subdivision two of section five 48 hundred four-c of this title, via the hotline established pursuant to 49 subdivision three of this section, or by a parent, guardian or any other 50 concerned individual, shall have the power and authority to provide 51 legal representation to youth residing in secure, limited secure and 52 non-secure facilities operated, maintained or certified by the office of 53 children and family services, including the power and authority to have 54 confidential contact visits with such youth, review their records, 55 investigate their complaints, and advocate for their rights, safety and 56 well-being. Upon commencing representation of a youth pursuant to this

S. 10108 3

1 section, prisoners' legal services shall provide notice to the law guar- 2 dian, if any, appointed to represent such youth. 3 2. Prisoners' legal services shall have the authority to inspect, 4 request, receive and review all documents associated with representation 5 of a youth pursuant to subdivision one of this section, including but 6 not limited to, use of force documents, unusual incident reports, 7 medical and mental health records, disciplinary records and programming 8 institutional records, presentence reports and court records, including 9 sealed records, without obtaining an unseal order. 10 3. Prisoners' legal services shall be authorized to establish a confi- 11 dential toll-free hotline for the purpose of receiving reports of abuse 12 from youth residing at secure, limited secure and non-secure facilities 13 operated, maintained or certified by the office of children and family 14 services. 15 4. All confidential information obtained by prisoners' legal services 16 pursuant to its functions under this section shall remain confidential 17 and any limitations on the release thereof imposed by law upon the party 18 furnishing the information shall apply to prisoners' legal services. 19 Confidential information obtained by prisoners' legal services pursuant 20 to its functions under this section may be appended to legal documents 21 and pleadings as a sealed exhibit. 22 5. The provisions of this section shall not apply to any child who is 23 placed in foster care pursuant to section three hundred fifty-eight-a, 24 three hundred eighty-four or three hundred eighty-four-a of the social 25 services law or pursuant to section one thousand twenty-two, one thou- 26 sand twenty-seven, or one thousand fifty-two of the family court act; or 27 directly placed with a relative pursuant to section one thousand seven- 28 teen or one thousand fifty-five of the family court act. 29 § 4. This act shall take effect on the sixtieth day after it shall 30 have become a law.

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