N.Y. Executive Law 502 – Definitions
§ 502. Definitions. Unless otherwise specified in this article:
Terms Used In N.Y. Executive Law 502
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. "Director" means the director of the division for youth.
2. "Division" means the division for youth.
3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three of the family court act, or held pending a hearing for alleged violation of the conditions of release from an office of children and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, youthful offender or adolescent offender or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender, youthful offender or adolescent offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders, youthful offenders or adolescent offenders who have not attained their eighteenth or, commencing October first, two thousand eighteen, their twenty-first birthday shall be subject to detention in a detention facility. Commencing October first, two thousand eighteen, a youth who on or after such date committed an offense when the youth was sixteen years of age; or commencing October first, two thousand nineteen, a youth who committed an offense on or after such date when the youth was seventeen years of age held pursuant to a securing order of a criminal court if the youth is charged as an adolescent offender or held pending a hearing for alleged violation of the condition of parole as an adolescent offender, must be held in a specialized secure juvenile detention facility for older youth certified by the state office of children and family services in conjunction with the state commission of correction.
4. For purposes of this article, the term "youth" shall mean a person not less than twelve years of age and not more than twenty-two years of age, unless such youth is over the age of seven and less than twelve years and is alleged to be or adjudicated a juvenile delinquent, as applicable, pursuant to subparagraph (iii) of paragraph (a) of subdivision one of section 301.2 of the family court act.
5. "Placement" means the transfer of a youth to the custody of the division pursuant to the family court act.
6. "Commitment" means the transfer of a youth to the custody of the division pursuant to the penal law.
7. "Conditional release" means the transfer of a youth from facility status to aftercare supervision under the continued custody of the division.
8. "Discharge" means the termination of division custody of a youth.
9. "Aftercare" means supervision of a youth on conditional release status under the continued custody of the division.