N.Y. Comp. Codes R. & Regs. tit. 22 § 205.20

Current through Register Vol. 46, No. 43, October 23, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.20