9 NYCRR 7401.1

The law requires that juvenile offenders held criminally responsible be committed to the custody of the commissioner of the Office and Children and Family Services and be confined in a secure facility maintained in accordance with Executive Law, section 508. Secure facilities are considered correctional facilities for purposes of the commission’s oversight only. It is acknowledged that secure facilities differ from adult correctional facilities in several significant respects. These regulations provide a framework for the oversight of the secure facilities and set forth a minimum standard of care to ensure the health, safety and well-being of the youth in confinement in compliance with constitutional requirements. It is further acknowledged that the Office of Children and Family Services may, in the exercise of its statutory authority pursuant to Executive Law, section 508, mandate adherence to good child care practices based on evidence based models in the operation of its secure facilities and provide strength based interventions and services to juvenile offenders confined therein. This regulatory framework will guide the commission’s oversight within the context of a secure juvenile justice setting that recognizes the unique needs of young people who are still developing mentally, emotionally, and physically, and as such, have great potential for positively transforming their lives with proper rehabilitative support in a safe and secure environment.