Commitment of principal under seventeen or eighteen

§ 510.15 Commitment of principal under seventeen or eighteen.\n 1. When a principal who is under the age of sixteen is committed to\nthe custody of the sheriff the court must direct that the principal be\ntaken to and lodged in a place certified by the office of children and\nfamily services as a juvenile detention facility for the reception of\nchildren. When a principal who (a) commencing October first, two\nthousand eighteen, is sixteen years of age; or (b) commencing October\nfirst, two thousand nineteen, is sixteen or seventeen years of age, is\ncommitted to the custody of the sheriff, the court must direct that the\nprincipal be taken to and lodged in a place certified by the office of\nchildren and family services in conjunction with the state commission of\ncorrection as a specialized secure juvenile detention facility for older\nyouth. Where such a direction is made the sheriff shall deliver the\nprincipal in accordance therewith and such person shall although lodged\nand cared for in a juvenile detention facility continue to be deemed to\nbe in the custody of the sheriff. No principal under the age specified\nto whom the provisions of this section may apply shall be detained in\nany prison, jail, lockup, or other place used for adults convicted of a\ncrime or under arrest and charged with the commission of a crime without\nthe approval of the office of children and family services which shall\nconsult with the commission of correction if the principal is sixteen\nyears of age or older in the case of each principal and the statement of\nits reasons therefor; nor shall a principal under the age specified who\nis charged solely with a violation as defined in subdivision three of\nsection 10.00 of the penal law be subject to detention. The sheriff\nshall not be liable for any acts done to or by such principal resulting\nfrom negligence in the detention of and care for such principal, when\nthe principal is not in the actual custody of the sheriff.\n 2. Except upon consent of the defendant or for good cause shown, in\nany case in which a new securing order is issued for a principal\npreviously committed to the custody of the sheriff pursuant to this\nsection, such order shall further direct the sheriff to deliver the\nprincipal from a juvenile detention facility to the person or place\nspecified in the order.\n