§ 353.5. Designated felony acts; restrictive placement. 1. Where the\nrespondent is found to have committed a designated felony act, the order\nof disposition shall be made within twenty days of the conclusion of the\ndispositional hearing and shall include a finding based on a\npreponderance of the evidence as to whether, for the purposes of this\narticle, the respondent does or does not require a restrictive placement\nunder this section, in connection with which the court shall make\nspecific written findings of fact as to each of the elements set forth\nin paragraphs (a) through (e) in subdivision two as related to the\nparticular respondent. If the court finds that a restrictive placement\nunder this section is not required, the court shall enter any other\norder of disposition provided in section 352.2. If the court finds that\na restrictive placement is required, it shall continue the proceeding\nand enter an order of disposition for a restrictive placement. Every\norder under this section shall be a dispositional order, shall be made\nafter a dispositional hearing and shall state the grounds for the order.\n 2. In determining whether a restrictive placement is required, the\ncourt shall consider:\n (a) the needs and best interests of the respondent;\n (b) the record and background of the respondent, including but not\nlimited to information disclosed in the probation investigation and\ndiagnostic assessment;\n (c) the nature and circumstances of the offense, including whether any\ninjury was inflicted by the respondent or another participant;\n (d) the need for protection of the community; and\n (e) the age and physical condition of the victim.\n 3. Notwithstanding the provisions of subdivision two, the court shall\norder a restrictive placement in any case where the respondent is found\nto have committed a designated felony act in which the respondent\ninflicted serious physical injury, as that term is defined in\nsubdivision ten of section 10.00 of the penal law, upon another person\nwho is sixty-two years of age or more.\n * 4. When the order is for a restrictive placement in the case of a\nyouth found to have committed a designated class A felony act,\n (a) the order shall provide that:\n (i) the respondent shall be placed with the office of children and\nfamily services for an initial period of five years. If the respondent\nhas been in detention pending disposition, the initial period of\nplacement ordered under this section shall be credited with and\ndiminished by the amount of time spent by the respondent in detention\nprior to the commencement of the placement unless the court finds that\nall or part of such credit would not serve the needs and best interests\nof the respondent or the need for protection of the community.\n (ii) the respondent shall initially be confined in a secure facility\nfor a period set by the order, to be not less than twelve nor more than\neighteen months provided, however, where the order of the court is made\nin compliance with subdivision five of this section, the respondent\nshall initially be confined in a secure facility for eighteen months.\n (iii) after the period set under subparagraph (ii) of this paragraph,\nthe respondent shall be placed in a residential facility for a period of\ntwelve months; provided, however, that if the respondent has been placed\nfrom a family court in a social services district operating an approved\njuvenile justice services close to home initiative pursuant to section\nfour hundred four of the social services law for an act committed when\nthe respondent was under sixteen years of age, once the time frames in\nsubparagraph (ii) of this paragraph are met:\n (A) beginning on the effective date of such a social services\ndistrict's plan that only covers juvenile delinquents placed in\nnon-secure settings, if the office of children and family services\nconcludes, based on the needs and best interests of the respondent and\nthe need for pr
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