N.Y. County Law Section 218-A
County detention facilities for juvenile delinquents and persons in need of supervision

A. To assure that suitable and conveniently accessible accommodations and proper and adequate detention in secure and non-secure detention facilities, as defined in Executive Law § 502 (Definitions)section five hundred two of the executive law and the regulations of the division for youth, will be available when required for the temporary care, maintenance and security of alleged and convicted juvenile offenders, alleged and adjudicated juvenile delinquents and alleged and adjudicated persons in need of supervision. Such regulations shall not require any county to provide temporary care in a secure detention facility for residents of any other county except upon a space available basis. The county executive, if there be one, otherwise the board of supervisors shall designate the agency of county government responsible for the administration of the county juvenile detention program and shall so advise the New York state division for youth, and may make provisions therefor as follows:

1.

Provide for the continued operation of the county’s established detention facility, so long as it complies with regulations of the division for youth, and is certified by that division.

2.

Authorize a contract between its county and one or more other counties, which is or are operating a conveniently accessible detention facility certified by the division for youth and in compliance with regulations of the division for youth, providing for the reception, temporary accommodation and care in such facility of alleged or adjudicated juvenile delinquents and persons in need of supervision held for or at the direction of its family court, for and in consideration of the payments to be made therefor, on a per capita basis, pursuant to the terms of such contract.

3.

Authorize a contract between its county and one or more other counties providing for the joint operation and maintenance by them of an already established county detention facility certified by the state division for youth and operated and maintained in compliance with the regulations of the division for youth, which is conveniently accessible to the counties concerned. Such authorization and contract may include provisions for remodeling or enlarging the building of such facility.

4.

Authorize a contract between its county and one or more other counties providing for the joint establishment, operation and maintenance by such counties of a new joint county detention facility which shall be located on a site conveniently accessible to the counties concerned and which shall be certified by the state division for youth and which shall be established, operated and maintained in compliance with the regulations of the division for youth.

5.

The resolution providing for joint action under three or four above shall be adopted by the board of supervisors of each of the several counties affected, and a committee composed of at least one member of each of such boards shall be created to acquire the necessary real property in the name of the counties affected, and as the joint agent of such counties such committee shall have charge of the construction, equipment, maintenance and operation of such joint county detention facility and, with the advice of an advisory committee consisting of the judge of the family court and the commissioner of social services of each of said counties, shall supervise and control the maintenance and operation of such joint county detention facility. The said resolution may specify the matters as to which the action of such committee shall require the joint approval of the boards of supervisors of all the counties affected and shall prescribe the proportions to be borne by each of the several counties affected of the costs of acquisition of the site and of construction of a new joint county detention facility and the proportions to be borne by each of the several counties affected of the costs of operation of such joint county detention facility, whether established by new joint acquisition and construction or by utilization of an existing county detention facility. The moneys to pay the share to be borne by each county affected shall be provided by appropriation in such amounts and at such times as may be agreed upon.

6.

Notwithstanding any other provision of law, commencing October first, two thousand eighteen, a county must provide for adequate detention of alleged or convicted adolescent offenders in a specialized secure detention facility for older youth who are alleged or convicted of committing an offense when they were sixteen years of age and commencing October first, two thousand nineteen, a county must provide for adequate detention of alleged or convicted adolescent offenders in a specialized secure detention facility for older youth who are alleged or convicted of committing an offense when they were sixteen or seventeen years of age. Such facility shall be certified and regulated by the office of children and family services in conjunction with the state commission of correction. Such facility shall:

(i)

have enhanced security features and specially trained staff; and

(ii)

be jointly administered by the agency of county government designated in accordance with subdivision A of this section and the applicable county sheriff, which both shall have the power to perform all acts necessary to carry out their duties. The county sheriff shall be subject to the same laws that apply to the designated county agency regarding the protection and confidentiality of the information about the youth in such facility and shall prevent access thereto by, or the distribution thereof to, persons not authorized by law. B. Notwithstanding any other provision of law, each board of supervisors shall provide or assure the availability of conveniently accessible and adequate non-secure detention facilities, certified by the state division for youth, as resources for the family court in the county pursuant to articles seven and three of the family court act, to be operated in compliance with the regulations of the division for youth for the temporary care and maintenance of alleged and adjudicated juvenile delinquents and persons in need of supervision held for or at the direction of a family court. C. Each county shall offer diversion services to children who are at risk of being the subject of a petition under article seven of the family court act. Such services shall be designed to provide an immediate response to families in crisis and to identify and utilize appropriate alternatives to juvenile detention.

Source: Section 218-A — County detention facilities for juvenile delinquents and persons in need of supervision, https://www.­nysenate.­gov/legislation/laws/CNT/218-A (updated Jun. 1, 2018; accessed Jan. 18, 2025).

200
Compensation of supervisors 201
Compensation of officers 202
Publication of compensation and expenses of supervisors in certain counties 203
Expenses incurred in the performance of official duty 204
Positions of employment 205
Compensation of employees 205‑A
Certain pilot projects 206
Hours of work and office hours 206‑A
Business in county offices on holidays and Saturdays 207
Vacations 208
Books and records 209
Investigations 210
Examination and post audit 211
Printed and electronically recorded proceedings of the board 212
Designation of depositaries 214
Designation of newspapers 215
County property 216
Location of county offices 217
County jail 217‑A
Qualification for employment as a county correction officer 218
Courthouses and judicial expenditures 218‑A
County detention facilities for juvenile delinquents and persons in need of supervision 218‑B
Prisoner furlough program in county jails and penitentiaries 219
Reforested lands 220
County planning board 220‑A
Water quality management agency 221
County park commission 222
Cemeteries 223
Flood control and soil conservation 223‑A
The board of supervisors of any county may appropriate such sums as it may deem proper, not exceeding three thousand dollars in any one y... 223‑B
EMS training and mutual aid programs 224
Optional appropriations and contracts for public benefit services 224‑A
Elimination of noxious weeds 224‑B
Cooperative extension area and statewide program specialist 225
Optional appropriations for public benefit services administered by the board 225‑A
Fire training and mutual aid programs 225‑B
Contracts for visiting nursing services 226
Monuments and memorials 226‑A
Patriotic observances 226‑B
Solid waste management 226‑C
Waiver of fees for veterans’ organizations 226‑C*2
Waiver of fees for veterans organizations 226‑C*3
Waiver of fees for veterans’ organizations 226‑D
Waiver of fees for veterans’ organizations 226‑E
Waiver of fees for veterans’ organizations 227
Legalizing acts 228
Disputed town boundaries 229
Erection and dissolution of towns 231
Expenses of police officer or peace officer injured in line of duty 232
County officers’ and county executives’ associations 233
Procedure on tax limit increase 233‑A
Amounts to be included or excluded in computing constitutional taxing power 233‑B
Payment in lieu of taxes for property acquired for park or recreational purposes 234
Additional powers granted under other laws 234‑A
Service of notice in relation to constitutionality of local law, ordinance, rule or regulation of a county 235
The board of supervisors by resolution may appoint a committee of citizens of the county to act in an advisory capacity to any committee,... 236
County plumbing licensing 236‑A
County master electrician licensing 236‑B
County electrical inspector licensing 237
Alcoholic beverage control
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Accessed:
Jan. 18, 2025

Last modified:
Jun. 1, 2018

§ 218-A’s source at nysenate​.gov

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