| Section
17.1 Visitation of facilities and institutions for detention,
treatment, examination and confinement; visitation of residential
facilities for victims of domestic violence.
(a) In order to ensure that every judge or justice be familiar
with those facilities where the judge or justice is authorized
to direct the detention, treatment, examination or confinement
of any person in connection with Criminal or Family Court
proceedings, the following steps shall be taken:
(1) each judge or justice designated in subdivision (d)
of this section, holding office before October 1, 1981, shall
visit a facility or institution of each type specified in
subdivision (d) of this section. To comply with this requirement,
visits shall be completed no later than October 1, 1982, or
shall have been made no earlier than January 1, 1979;
(2) each judge or justice designated in subdivision (d)
of this section, who shall assume office on or after October
1, 1981, shall visit a facility or institution of each type
specified in subdivision (d) of this section. To comply with
this requirement, visits shall be completed no later than
one year after the assumption of office, or shall have been
made no earlier than three years before the assumption of
office;
(3) each judge or justice whose term of office is four years
or longer or who is appointed to or elected to consecutive
terms of office that, in the aggregate, equal four years or
more and who regularly sits in a criminal term or in a term
with criminal as well as civil jurisdiction, each judge of
the New York City Criminal Court, and each judge of the Family
Court, having complied with the provisions of paragraph (1)
or (2) of this subdivision, shall, within every four years
thereafter during the term or terms of office of said judge
or justice, visit at least one facility or institution of
each type specified in subdivision (d) of this section;
(4) a judge or justice, for the purposes of this Part, shall
be deemed to regularly sit in a criminal term, or in a term
with criminal as well as civil jurisdiction, if such judge
or justice sits in a part of court exercising criminal jurisdiction
for at least one trial term in a year.
(b) The Deputy Chief Administrator of the Courts for the
courts outside the City of New York shall be responsible for
ensuring compliance with subdivision (a) of this section by
the judges and justices of courts outside the City of New
York and shall report to the Chief Administrator of the Courts
as to the implementation of the provisions thereof at such
times and in such form as the Chief Administrator of the Courts
shall require.
(c) The Deputy Chief Administrator of the Courts for the
courts within the City of New York shall be responsible for
ensuring compliance with subdivision (a) of this section by
the judges and justices of courts within the City of New York,
and shall report to the Chief Administrator of the Courts
as to the implementation of the provisions thereof at such
times and in such form as the Chief Administrator of the Courts
shall require.
(d) The following types of facilities and institutions shall
be visited.
(1) Justices of the Supreme Court, judges of the County
Court, and judges of the Court of Claims, regularly sitting
in a criminal term or in a term with criminal as well as civil
jurisdiction, shall visit one facility in each of the following
categories:
(i) a facility operated by the New York State Department
of Correctional Services for the confinement of persons convicted
of a felony;
(ii) a facility operated by (a) the City of New York or
(b) a county or municipality outside the City of New York
for the confinement of persons convicted of a misdemeanor
or violation;
(iii) a facility operated by (a) the City of New York or
(b) a county or municipality outside the City of New York
for the detention of persons accused of an offense;
(iv) a secure facility maintained by the New York State
Office of Children and Family Services for the care and confinement
of juvenile offenders; and
(v) a facility certified by the New York State Office of
Children and Family Services as a juvenile detention facility
for the reception of children.
(2) Judges of the New York City Criminal Court shall visit
one facility in each of the following categories:
(i) a facility operated by the New York City Department
of Correction for the confinement of persons convicted of
a misdemeanor or violation;
(ii) a facility operated by the New York City Department
of Correction for the detention of persons accused of an offense;
and
(iii) a facility certified by the New York State Office
of Children and Family Services as a juvenile detention facility
for the reception of children.
(3) Judges of the District Court and judges of the City
Court, regularly sitting in a criminal term or in a term with
criminal as well as civil jurisdiction, shall visit one facility
in each of the following categories. Justices of the Town
and Village Courts shall visit one facility in each of the
following categories if located in the county where the justice
is sitting:
(i) a facility operated by a county or municipality for
the confinement of persons convicted of a misdemeanor or violation;
(ii) a facility operated by a county or municipality for
the detention of persons accused of an offense; and
(iii) a facility certified by the New York State Office
of Children and Family Services as a juvenile detention facility
for the reception of children.
(4) Judges of the Family Court shall visit one facility
in each of the following categories:
(i) a secure facility certified by the New York State Office
of Children and Family Services for the detention of alleged
juvenile delinquents held prior to completion of a Family
Court proceeding;
(ii) a nonsecure facility certified by the New York State
Office of Children and Family Services for the detention of
alleged juvenile delinquents and Persons In Need of Supervision
held prior to completion of a Family Court proceeding;
(iii) a facility of the New York State Office of Children
and Family Services for the care, treatment or confinement
of juvenile delinquents or Persons In Need of Supervision;
(iv) a facility operated by a voluntary authorized agency,
as defined by section 371, subdivision 10(a) of the Social
Services Law, for the care and treatment of children; and
(v) either (a) or (b):
(a) a children's psychiatric center or children's unit of
a psychiatric center operated by the New York State Office
of Mental Health, or a developmental center or intermediate
care facility for the mentally retarded or developmentally
disabled operated by the New York State Office of Mental Retardation
and Developmental Disabilities for the evaluation and treatment
of children; or
(b) a facility of a county or municipality, or a private
institution, to which the Family Court refers children for
evaluation or in which the Family Court places children for
treatment of mental illness or retardation.
Historical Note
Sec. added by renum. and amd. 20.17, filed Feb. 2, 1982; amds.
filed: July 10, 1998; Jan. 10, 2000; Sept. 20, 2000; Dec.
1, 2000 eff. Nov. 17, 2000. Repealed (e). |
