County Court, Saratoga County, October 15, 2024

John Stonner for NYS Office of Children and Family Services.

George P. Conway, County Attorney (Ann Flower E. Stitt of counsel), for Saratoga County Sheriff's Office.

Robert M. Carney, District Attorney, Special Prosecutor (Jessica Lorusso of counsel), for the People.

James Tyner for Matthew GG., Adolescent Offender.

Whereas, on April 24, 2024, adolescent offender Matthew GG. having accepted a combined plea offer and having thereafter pleaded guilty to robbery in the second degree (Penal Law § 160.10) and criminal sexual act in the second degree (Penal Law § 130.45 [2]); and whereas, on July 17, 2024, the Saratoga County Court, Youth Part having afforded Matthew GG. youthful{**85 Misc 3d at 346} offender status and thereafter sentenced adolescent offender Matthew GG. relative to the conviction of robbery in the second degree (Penal Law § 160.10) to an indeterminate sentence of 1 to 3 years' incarceration, $825.00 in fines/surcharges and fees; and issued an order of protection in connection therewith; and whereas, the Saratoga County Court, Youth Part having issued a uniform sentence and commitment form, committing adolescent offender Matthew GG.

"to the Custody of the Office of Children and Family Services (OCFS) to be lodged in an appropriate facility, but subject to transfer to the Department of Corrections and Community Supervision (DOCCS) at twenty-one (21) years of age, until released in accordance with law, being an Adolescent Offender at the time the offense was committed and sentenced to a period of incarceration in excess of one (1) year"; and

whereas, on September 26, 2024, the NYS Office of Children and Family Services having filed a motion by order to show cause, seeking a restoration of the matter to the court's calendar and seeking the issuance of an order directing the Saratoga County Sheriff's Office to transport the adolescent offender to the custody of the NYS Office of Children and Family [*2]Services; and whereas, the court having issued an order to show cause, scheduling the matter for submission of papers and thereafter considering oral argument of any party wishing to be heard; and whereas, the People of the State of New York, by and through the Schenectady County District Attorney's Office (Special Prosecutor), through counsel (Assistant District Attorney Jessica Lorusso, Esq.), having waived their appearance and having confirmed by electronic correspondence consent to the relief requested by the motion; and whereas, adolescent offender Matthew GG., through counsel (James Tyner, Esq.), having waived their appearance and having confirmed by electronic correspondence consent to the relief requested by the motion; and whereas, the court having considered the following papers and submissions in connection with the motion: (a) order to show cause issued on September 26, 2024; (b) attorney affirmation in support of John Stonner, Esq., dated September 23, 2024; (c) attorney affirmation in opposition of Ann Flower E. Stitt, Esq., dated October 7, 2024, with exhibits; and (d) responding attorney affirmation of John Stonner, Esq., dated October 8, 2024; and whereas, on October 9, 2024, the court having held an appearance and provided any party wishing to be heard an opportunity to orally argue their position{**85 Misc 3d at 347} relative to the motion; and the Saratoga County Sheriff's Office having appeared through counsel, Ann Flower E. Stitt, Esq.; and the NYS Office of Children and Family Services having appeared through counsel, John Stonner, Esq.; and now therefore, after due consideration, the court finds as follows:

Before the court is an application by the NYS Office of Children and Family Services to reissue a uniform sentence and commitment order to provide and facilitate the transport of a sentenced adolescent offender. As this appears to be a case of first impression, a background discussion is warranted.

Matthew GG. is 17 years old. Matthew GG. was convicted by plea of robbery in the second degree^[FN1] on April 22, 2024. Matthew GG. was sentenced, pursuant to a plea agreement, on July 17, 2024, to an indeterminate term of incarceration of 1 to 3 years. As an adolescent offender, Matthew GG. was committed to the custody of the NYS Office of Children and Family Services (hereinafter NYS OCFS). The uniform sentence and commitment form provided that adolescent offender Matthew GG. was committed

"to the Custody of the Office of Children and Family Services (OCFS) to be lodged in an appropriate facility, but subject to transfer to the Department of Corrections and Community Supervision (DOCCS) at twenty-one (21) years of age, until released in accordance with law, being an [*3]Adolescent Offender at the time the offense was committed and sentenced to a period of incarceration in excess of one (1) year."

Following the sentencing hearing, adolescent offender Matthew GG. was transported by the Saratoga County Sheriff's Office to the Capital District Secure Detention Center (hereinafter Capital District Secure) in Albany, New York. Capital District Secure is a specialized secure detention facility{**85 Misc 3d at 348} operated through Capital District Youth Center, Inc. and is operated by Berkshire Farm Center for Youth. NYS OCFS provides state level regulatory oversight for specialized secure detention centers, including Capital District Secure. The Saratoga County Sheriff's local correctional facility does not have a specialized detention component for youth (defined as adolescent offenders, juvenile offenders, or juvenile delinquents); and the Sheriff provides for facilities for confined youth through a contract for services with Capital District Secure.^[FN2]

Adolescent offender Matthew GG. has been held at Capital District Secure since his sentencing on July 17, 2024. Once an adolescent offender is committed to NYS OCFS, the intake/screening unit within OCFS endeavors to "classify" adolescent offenders for placement in an appropriate facility, usually within 10 to 14 days. The classification process considers factors such as the circumstances of the underlying conviction and medical and educational needs, amongst other considerations. Following the sentencing on July 17, 2024, NYS OCFS has classified adolescent offender Matthew GG. and has determined him to be appropriate for placement in an NYS OCFS facility (Industry Residential Facility) located in Rush, New York.

Transport

The Saratoga County Sheriff's Office has asserted that they have complied with their obligations under the applicable provisions of the Criminal Procedure Law and Correction Law by transporting and delivering the adolescent offender to Capital District Secure. NYS OCFS has asserted that the Saratoga County Sheriff should be directed to provide transport of the adolescent offender from Capital District Secure to Industry Residential Facility in Rush, New York—an approximate one-way drive time of four hours.

Both entities were encouraged by the court to work through counsel to resolve the dispute without need for court intervention. The parties remain at an impasse as to which municipal entity should be responsible for transport. Given the recurring{**85 Misc 3d at 349} nature of this issue, the parties have asked for the court to resolve the disagreement.^[FN3]

Raise the Age[*4]

"Raise the Age" legislation (L 2017, ch 59, § 1, part WWW), which became effective in 2017, provided for an overhaul of the Criminal Procedure Law relative to 17- and 18-year-old defendants charged with felonies, now called adolescent offenders (AOs). As part of the legislative overhaul, when an adolescent offender's case remains in Youth Part, and thereafter a conviction is entered—and a sentence calls for incarceration of more than one year—the adolescent offender is committed to the NYS Office of Children and Family Services, as opposed to the NYS Department of Corrections and Community Supervision (NYS DOCCS).^[FN4]

Penal Law § 70.20 (1) (a) provides "when an indeterminate or determinate sentence of imprisonment is imposed, the court shall commit the defendant to the custody of the state department of corrections and community supervision for the term of his or her sentence and until released in accordance with the law." The duty to deliver rests with the Sheriff. (CPL 430.30; see also Executive Law § 508.) To be sure, "[h]aving physical custody of newly sentenced defendants, the Sheriff has a duty to transport them, in accordance with their respective commitments, to those having legal custody." (Matter of Broome County v State of New York, 152 AD2d 160, 161 [3d Dept 1989], citing CPL 430.20, 430.30; see also Matter of Oquendo v Quinones, 291 AD2d 593 [3d Dept 2002].)

At its core, this dispute stems from the disagreement of two municipal entities relative to the functional implementation of the changes brought on by Raise the Age. While analogies are offered relative to the adult criminal justice system, it is the court's impression that the circumstances of cases affected by Raise the Age pose unique challenges to the municipal entities responsible for the implementation of those legislative changes.{**85 Misc 3d at 350} In this instance, the court specifically finds and notes that both municipalities have worked in good faith to try to solve those challenges; and have reached an impasse on this specific issue.

As to the responsibility of transport, the court finds in this instance that the arguments and position of the NYS Office of Children and Family Services is persuasive. To hold otherwise would run afoul of established binding precedent and be contrary to the plain reading of the applicable provisions of the Criminal Procedure Law and Executive Law. It is the responsibility of the Sheriff to deliver the committed adolescent offender to the custody of the State.

The County's position that Capital District Secure is an NYS OCFS facility, and that by delivering adolescent offender Matthew GG. to Capital District Secure they have concomitantly discharged their responsibility to transport, is unavailing. No party has substantively disputed that Capital District Secure is not an NYS OCFS facility. To the contrary, Capital District Secure is functioning—through a contract for services—in the stead of a local jail or correctional facility operated by the Sheriff. To the extent that the County has raised an issue with taking physical custody of an individual already delivered to Capital District Secure, the court will resolve that concern by reissuing the commitment order with specific directives to the Sheriff to provide transport to the facility designated by NYS OCFS.

The County has asserted that the responsibility to transport the adolescent offender by the County is not indefinite. The court agrees; and to that end—the Sheriff must deliver the adolescent offender to the custody of NYS OCFS, and the State agency must accept the adolescent offender "forthwith." Forthwith is a term defined as immediate and established through case law as "without any delay." Generally, the State is afforded between 10 and 14 days to "classify" an adolescent offender. Once delivered to the designated facility, the responsibility of the Sheriff to further transport the adolescent offender is obviated and otherwise extinguished.

Stated otherwise, once the classification is established, it is the responsibility of the Sheriff to transport to the State. In this instance, adolescent offender Matthew GG. has been classified for acceptance at Industry Residential Facility in Rush, New York. The Sheriff is responsible for transportation, and the State shall accept the adolescent offender forthwith. Upon completion of the transport of adolescent offender Matthew{**85 Misc 3d at 351} GG. to Industry Residential Facility in Rush, New York, the Saratoga County Sheriff is thereafter relieved of any further transportation obligation for adolescent offender Matthew GG.

Of specific note is that the Sheriff is entitled to reimbursement by the State for the cost of such transportation. (See Correction Law § 602.)

As such it is ordered and adjudged that the motion (mot No. 1) of the NYS Office of Children and Family Services is granted, insofar that pursuant to Criminal Procedure Law article 440, upon the consent of all parties, upon the application of the NYS Office of Children and Family Services, and upon determining that resolving the instant motion is in the interests of justice, the court will reopen the proceeding for purposes of determining whether the court should reissue the uniform sentence and commitment form to provide for transport of the adolescent offender; and it is further ordered and adjudged that the sentence of adolescent offender Matthew GG. is maintained and continued as issued and decreed on July 17, 2024, in all substantive respects—in that Matthew GG. is granted youthful offender status and as a result of a conviction of robbery in the second degree (Penal Law § 160.10) is sentenced to an indeterminate sentence of 1 to 3 years' incarceration, such term to run concurrently with any other term of incarceration, and in addition the sentence shall include a $500.00 fine, $300 surcharge and $25.00 crime victim assistance fee; and it is further ordered and adjudged that motion (mot No. 1) of the NYS Office of Children and Family Services is granted, insofar as the Clerk of the Court is directed to reissue the uniform sentence and commitment form as it pertains to SCI-70923-24/001, to provide:

"Adolescent Offender Matthew GG. is hereby remanded to the custody of the Saratoga County Sheriff for holding in a specialized secure detention facility until classified by the NYS Office of Children and Family Services, such classification to occur within fourteen (14) days; and upon such classification, Adolescent Offender Matthew GG. is hereby committed to the Custody of the Office of Children and Family Services (OCFS) to be lodged in an appropriate facility, but subject to transfer to the Department of Corrections and Community Supervision (DOCCS) at twenty-one (21) years of age, until released in [*5]accordance with law, being an Adolescent Offender at the time the offense was{**85 Misc 3d at 352} committed and sentenced to a period of incarceration in excess of one (1) year; and

"The Saratoga County Sheriff shall be responsible for transporting the Adolescent Offender to the facility designated by the NYS Office of Children and Family Services and the NYS Office of Children and Family Services shall accept the Adolescent Offender forthwith upon such designation. Upon such transportation being completed, the Saratoga County Sheriff is relieved of any further obligation to transport the Adolescent Offender.

"The Saratoga County Sheriff shall be entitled to seek reimbursement pursuant to Corrections Law § 602 for the actual cost of any transportation of the Adolescent Offender incurred in transporting Adolescent Offender to the facility designated by NYS Office of Children and Family Services."