N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.20 - Designation of a facility for the questioning of children in custody (juvenile delinquency)
(a) The district administrative judge in
each judicial district outside the City of New York and the administrative
judge for the Family Court within the City of New York, or a designee, shall
arrange for the inspection of any facility within the judicial district
proposed for designation as suitable for the questioning of children pursuant
to section 305.2 of the Family Court Act, and if found suitable, the district
administrative judge or the administrative judge for the Family Court within
the City of New York, as appropriate, shall recommend its designation to the
Chief Administrator of the Courts.
(b) Every recommendation to the Chief
Administrator of the Courts shall include:
(1) the room number or identification,
the type of facility in which the room is located, the address and the hours of
access;
(2) the name
of the police or other law enforcement agency, department of probation, Family
Court judge or other interested person or agency which proposed the designation
of the particular facility;
(3) a signed and dated copy of the report
of inspection of the proposed facility, made at the direction of the district
administrative judge or the administrative judge for the Family Court within
the City of New York; and
(4) the factors upon which the
recommendation is based.
(c) Any facility recommended for
designation as suitable for the questioning of children shall be separate from
areas accessible to the general public and adult detainees.
(d) Insofar as possible, the
district administrative judge or the administrative judge for the Family Court
within the City of New York, in making a recommendation for designation, shall
seek to assure an adequate number and reasonable geographic distribution of
designated questioning facilities, and that:
(1) the room is located in a police
facility or in a governmental facility not regularly or exclusively used for
the education or care of children;
(2) the room presents an office-like,
rather than a jail-like, setting;
(3) the room is clean and well
maintained;
(4) the
room is well lit and heated;
(5) there are separate toilet facilities
for children or, in the alternative, procedures insuring the privacy and safety
of the children when in use;
(6) there is a separate entrance for
children or, in the alternative, there are procedures which minimize public
exposure and avoid mingling with the adult detainees;
(7) a person will be in
attendance with the child whenever the room is in use as a questioning
facility, such person to be a policewoman or other qualified female person when
the child is a female; and
(8) any other factors relevant to
suitability for designation are considered.
(e) The appropriate district
administrative judge or the administrative judge for the Family Court within
the City of New York, or a designee, when notified of any material physical
change in a facility designated for the questioning of children, shall arrange
for the reinspection of such facility concerning its continued suitability for
designation.
(f) A
current list of facilities designated for the questioning of children within
each judicial district and within the City of New York shall be maintained by
the district administrative judge and the administrative judge for the Family
Court within the City of New York, and shall be kept for easy public inspection
in each Family Court in that judicial district and within the City of New York.
A current statewide list shall be maintained in the office of the Chief
Administrator of the Courts. These lists shall be kept available for public
inspection.
Notes
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