New York Youth Pay to Stay Policy

Dear Wayne Byun:

This will acknowledge receipt of your request for records under the Freedom of Information Law received by the Division of Criminal Justice Services on December 21, 2022. The request was for "a_ All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department/office or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.".

Your request has been forwarded to the appropriate program area(s) to identify documents that are responsive to your request and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.

A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble and review documents that may be responsive to your request.

Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

Dear Wayne Byun:

This is in response to your Freedom of Information Law (FOIL) request to the Division of Criminal Justice Services (DCJS) seeking the following records regarding "the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile): a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department/office or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021."

Please be advised that DCJS has no documents responsive to your request. You may wish to contact the New York State Office of Children and Family Services to see if they have this data.

Pursuant to POL §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>.

Very truly yours,

Gina L. Bianchi, Esq.

for

Brian Garvey, Esq.

Records Access Officer