N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 180-3.3 - Certification

(a) No specialized secure detention facility subject to inspection and supervision by OCFS shall be operated unless it possesses a valid operating certificate issued by OCFS in conjunction with SCOC pursuant to section 503 (9) of the Executive Law, section 218-a (A)(6) of the County Law and applicable regulations.

(b)

(1) An application for an operating certificate pursuant to these regulations shall be made upon forms prescribed by OCFS. An application for an operating license shall contain:

(i) the name of the facility and its location;

(ii) the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility;

(iii) any plan to collocate a facility with a secure detention facility

(iv) a physical description of the facility, including land, buildings and equipment;

(v) resident capacity;

(vi) a plan and description of staff positions, including duties and qualifications;

(vii) if the applicant is a corporation, the names, addresses and occupations of the members of the board of directors;

(viii) the ownership or control of the land and premises, if other than the operator;

(ix) the proposed operating and financial resources and sources of future revenue of the facility; and

(x) such other information as may be required by OCFS and SCOC.

(2) Approval of application. The application shall be approved and an operating certificate shall be issued by OCFS if it is established that the facility meets, and will be operated, in accordance with the requirements of this Subpart.

(c) Collocation of Facilities.

(1) A specialized secure detention facility may be collocated in the same building as a currently operating juvenile secure detention facility provided that:

(i) adolescent offenders are assigned to separate housing units from juvenile delinquents and juvenile offenders;

(ii) commingling of adolescent offenders and juvenile delinquents/juvenile offenders is not allowed in shared common spaces, except facilities may be allowed to share space for purposes of education, infirmary, fire drills, transport to the facility, or, as approved by OCFS and SCOC, upon a showing that maintaining separate spaces creates an undue burden; and

(iii) upon approval by OCFS and SCOC, of a safety and staffing plan to be submitted by a requesting specialized secure detention facility, female youth may be collocated within the same housing area.

(2) A specialized secure detention facility shall not be collocated on the same grounds as a currently operating adult correctional facility; what constitutes the same grounds shall be determined by OCFS and SCOC. There shall be sight and sound separation from any adult correctional facility.

(d) Certification shall be granted in writing, for not more than a two (2) year period, and may be limited, suspended or revoked by OCFS/SCOC if there is noncompliance with any of the regulations in this Subpart, except that OCFS may waive any regulation where it is determined by OCFS that there is substantial compliance with such regulation and the well-being of the youth in care is not endangered as further set forth in Section 180-3.19 of this Subpart.

(e) Renewals. At least 60 days prior to the termination of the term of an operating certificate, the facility shall file an application for the renewed issuance of such operating certificate.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.3

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018