Guide To Juvenile Justice in NYC

CITIZENS CRIME COMMISSION
OF NEW YORK CITY
Guide to Juvenile Justice in New York City
By:
Ashley Cannon
Richard Aborn
John Bennett
Advisor: Judge Philip C. Segal (ret.)
Citizens Crime Commission of New York City, Inc. An independent nonprofit organization working to make criminal justice and public safety policies and practices more effective through innovation, research, and education.
May 2010
Citizens Crime Commission of New York City, Inc.
ACKNOWLEDGMENTS This report was researched and written by Ashley Cannon, with editing by Richard Aborn and John Bennett. The Crime Commission would like to thank Judge Phillip Segal for his advisement and the Crime Commission Board of Directors for their guidance and support throughout this project. The Crime Commission would also like to thank Tiffany Bryant, and all the organizations that submitted information and data for their contribution to this report.
A letter from Richard Aborn President of the Citizens Crime Commission

The Crime Commission has been a long-time supporter of a comprehensive approach to preventing and responding to juvenile crime. Juvenile crime is a priority in the Crime Commissions work because effective prevention and intervention strategies can deter future criminality. The juvenile justice system is an important component in intervention strategies because youth referred to court before the age of 13 are far more likely to become chronic offenders than youth whose initial contact occurs at a later age.1 New Yorks juvenile justice system has reached a point of extreme crisis. With increasing frequency, reports of fundamental breakdowns throughout the system have come to the publics attention:
A State Senate report found that an overburdened Family Court system is resulting in missed
chances to rescue teenagers from delinquency and crime.2
An investigation by the U.S. Department of Justice documented excessive use of force, and
inadequate mental health care and treatment services in several New York State Office of Children and Family Services (OCFS) facilities [juvenile prisons].3
Governor Patersons Task Force on Transforming Juvenile Justice concluded that New York
States current approach fails the young people who are drawn into the system, the public whose safety it is intended to protect, and the principles of good governance that demand effective use of scarce state resources.4 This is a critical moment to take actions that will fix the juvenile justice system and better serve our youth. The Bloomberg and Paterson Administrations have made a priority of enhancing public safety through improving the outcomes of the juvenile justice system. Over the past few years, reforms have emerged at both the state and city level: OCFS Commissioner Gladys Carrin has closed several underutilized facilities, has begun to implement a therapeutic model within placement facilities, and has urged the expanded use of community-based alternatives to incarceration.5
Governor Patersons Task Force on Transforming Juvenile Justice issued a set of

recommendations that aim to reduce the use of institutional placement; reinvest resources in community-based alternatives; eliminate inequities across the system, including those practices that disproportionately impact youth of color; improve the supports and services provided to young people in state custody and upon release; and ensure system accountability.6
To expand services to court-involved youth, in 2010, Mayor Bloomberg reorganized the citys
administration of juvenile detention by consolidating the Department of Juvenile Justice under the Administration for Childrens Services.7
Chief Judge Jonathan Lippman has announced a series of initiatives to help address juvenile
crime: a) the introduction of a legislative proposal to enable the Judiciary to assume statewide oversight of juvenile probation; b) a pilot program in Queens that will provide mentally-ill young people with treatment in the community as an alternative to incarceration; and a plan for a Community Court in Brownsville, Brooklyn to address juvenile crime and expand services for young offenders.8
i
Citizens Crime Commission of New York City
A series of best practices are emerging that have significant potential to reduce the incidents of
juvenile offending. Practices such as Multidimensional Treatment Foster Care, Multisystemic Therapy, and Functional Family Therapy. These are all steps in the right direction, but there are still areas that have not been addressed:
New York currently sends youth ages 16 and 17 to the adult criminal justice system, despite
extensive research indicating that youth at this stage of development would benefit from other interventions, and that this not an effective approach to reducing future criminality.
Reforms to date have focused on the events that occur after a youth has entered the justice
system, we are in need of a more comprehensive approach that prevents delinquency and justice system involvement. The state and city must continue to look at what can be done within the education system and at the police level to better protect youth. Such programs have focused on truancy reduction; training teachers to identify risk factors and providing them the tools to intervene; training police officers in de-escalation techniques; and improving police-youth relationships. In light of the increasing attention to the juvenile justice system and the substantial reforms planned and implemented, the Citizens Crime Commission of New York City has developed a Guide to Juvenile Justice in New York City, to enhance the publics understanding of the Citys juvenile justice policies and practices, which can often be confusing. This guide provides an overview of New York Citys juvenile justice system with historical context, and highlights the recent efforts made by the City and State to expand alternative programs available to court-involved youth. We hope this guide will better inform the citizens of New York of the critical need to better serve our youth.
Very truly yours,
Richard M. Aborn President
ii
Reform Timeline 2270 B.C. - 1979 A.D.

2270 B.C. A.D. 1797 1824 1825 1851 1865 1902 1924 1927 NY Juveniles begin to be tried in Criminal Court NY Legislation requires youths to be in separate institutions from adults House of Refuge opens NY Juvenile Asylum opens Disorderly Child Act Manhattan Childrens Court opens Truly independent Childrens Court begins operation NY Court of Appeals rules to apply standards of Criminal Procedure to juvenile cases Manida Juvenile Center for girls opens in Hunts Point Spofford Juvenile Center for boys opens in Hunts Point NY Family Court Act creates the Family Court structure used today Kent v. United States - applies due process standards to proceedings to transfer juveniles to adult court In re Gault - applies 14th Amendment protections to juvenile cases Federal Juvenile Delinquency Prevention and Control Act In re Winship - changes the standard of proof in juvenile cases to Beyond a Reasonable Doubt McKeiver v. Pennsylvania - Supreme Court rules jury trial is not constitutionally required in juvenile cases Federal Juvenile Justice and Delinquency Prevention Act NY Juvenile Justice Reform Act NY Juvenile Offender Act
iii
Code of Hammurabi
1953 1957 1962 1966 1967 1968 1970 1971 1974 1976 1978
Reform Timeline 1984 - Present

1979 1984 1990 1998 1999 2001 2006 2007 NYC Department of Juvenile Justice created Schall v. Martin - Supreme Court rules to allow the preventative detention of juveniles Juveniles viewed as superpredators Horizon and Crossroads Juvenile Centers open Bridges Juvenile Center opens NY expands the maximum age of status offenders from 16 to 18 providing more access to the PINS system NYC Department of Probation closes Alternative to Detention program Mayor Bloomberg vows to hold youths accountable and help youths get services in State of the City address NYC Department of Probation launches new Alternative-toDetention program with incorporated Risk Assessment Instrument 2008 NYC begins weekend arraignment for juvenile cases OCFS announces right-sizing plan to close residential facilities and reduce capacity in others Governor Paterson convenes Task Force on Transforming New Yorks Juvenile Justice System 2009 U.S. Department of Justice investigation finds use of excessive force in NY juvenile placement facilities Governor Patersons Task Force on Transforming New Yorks Juvenile Justice System releases recommendations to reform the States juvenile placement process 2010 Mayor Bloomberg announces the consolidation of the city Department of Juvenile Justice and Administration for Childrens Services in State of the City address
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Table of Contents
Page Number
LETTER FROM THE PRESIDENT
REFORM TIMELINE
iii
I: INTRODUCTION
II: BACKGROUND A. The Juvenile Under New York State Law B. History
3 3 5
III: NEW YORK CITY JUVENILE JUSTICE SYSTEM
13
A. Juvenile Justice Process B. Continuum of Services
19 45
APPENDIX I. New York Juvenile Justice Statistics II. National Juvenile Justice Statistics
79 81 95
ENDNOTES
99
Page Number EXHIBITS, NOTES, FIGURES, & TABLES EXHIBIT 1: Deterrence EXHIBIT 2: Extended Jurisdiction EXHIBIT 3: Detention and Placement Definitions EXHIBIT 4: Designated Felonies EXHIBIT 5: Person In Need of Supervision (PINS) EXHIBIT 6: Parens Patriae NOTE 1: New York City Domestic Relations Court EXHIBIT 7: Status Offenses EXHIBIT 8: Aftercare FIGURE 1: Juvenile Justice System Flow Chart: Juvenile Delinquent FIGURE 2: Juvenile Justice System Flow Chart: Juvenile Offender NOTE 2: Youthful Offender and 16 & 17 year-old Arrests TABLE 1: Juvenile Arrests EXHIBIT 9: Risk Assessment Instrument TABLE 2: Juvenile Offender Cases CY2008 EXHIBIT 10: Family Court EXHIBIT 11: Initial Court Appearance and Arraignment EXHIBIT 12: Criminal Court NOTE 3: Weekend Arraignment NOTE 4: Detention Administration EXHIBIT 13: MAYSI EXHIBIT 14: Fact-Finding Hearing and Trial EXHIBIT 15: Disposition Hearing and Sentencing Hearing EXHIBIT 16: Criminal Supreme Court Table 3: Range of Minimum and Maximum Sentences by Felony Class Category Juvenile Offenders EXHIBIT 17: Indeterminate and Determinate Sentence Definitions EXHIBIT 18: Board of Parole EXHIBIT 19: Merit Time Eligibility TABLE 4: Example Release Eligibility Calculation EXHIBIT 20: Alternative Courts FIGURE 3: Juvenile Justice System Continuum of Services FIGURE 4: ATD Program Continuum of Supervision Services 1 1 2 3 5 5 6 7 9 13 16 19 19 20 21 22 22 23 24 24 26 28 28 31 31 35 35 36 36 42 45 51
Data Disclaimer: Organizations that collect data on the juvenile justice system maintain different compilation methods including timeframes (i.e. fiscal year or calendar year) and publication requirements (i.e. annually or biannually). Therefore, the data included in this report may not be able to be compared on a one-to-one basis. The NYC Governments fiscal year runs from July 1st to June 30th.
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INTRODUCTION
No area of domestic policyhas been so thoroughly abandoned to misinformationemotion and disregard for consequences as has the area of juvenile justice. Douglas Nelson, President, Annie E. Casey Foundation, 19999
Over 12,500 juveniles entered the New York City justice system in 2008.10 This statistic illustrates the significant number of youths who come in contact with New York Citys Juvenile Justice System. New York State defines the objectives and principles of the juvenile justice system as seeking to:
promote community safety by deterring [see exhibit 1] crime and other Exhibit 1: Deterrence anti-social behavior among the states young people. Objectives are to: y Reduce violent and serious crime, y Prevent delinquency through positive youth development, y Promote individual accountability, and y Provide effective treatment and aftercare services for youths involved in the system. Theses objectives are based on the following principles: y The right of all citizens to public safety and protection, y The needs and rights of victims, y The right of the accused to a fair and impartial consideration of the facts, Selection of an appropriate disposition, including sanctions to repair harm to the victim and community, and The provision of services, treatment, and/or custody for those needing intervention.11
Deterrence is a behavioral outcome of reduced offending or re-offending. Specific Deterrence - refers to juveniles who have come in contact with the justice system. General Deterrence - refers to juveniles in the population who may engage in criminal activity.
Exhibit 2: Extended Jurisdiction Family Court judge to maintain authority over a delinquency case past the courts original jurisdiction for disposition purposes. In effect, the judge may order a juvenile delinquent to remain under the supervision of juvenile correctional authorities until his/her 21st birthday instead of transferring the individual to the adult corrections system at age 16.
In New York, juvenile jurisdiction encompasses youths over 7 and under 16 Extended jurisdiction allows the years of age, with extended jurisdiction (see exhibit 2) through age 20.12 Youths
who break the law may be prosecuted in Family or Criminal Court depending on their age and the nature of the offense. The juvenile justice process in New York City involves a complex and vast system of city and state agencies and nonprofit providers operating to
achieve the objectives set out by the State. The policies governing the juvenile justice system, however, do not always produce these intended outcomes. This fact is illustrated by the significant recidivism rates among youths leaving detention and placement49.4% of youths released from detention facilities are readmitted;13 and an estimated eighty percent of youths released from placement return within three years14 (see exhibit 3). Further, the system is disproportionately impacting minority groups, the mentally ill, substance abusers, and under-resourced neighborhoods95% of youths entering detention are of African-American or Latino decent;15 83% of
Exhibit 3: Detention and Placement Definitions In the juvenile system, detention is the equivalent of jail in the adult criminal justice system, and placement is the equivalent of prison in the adult criminal justice system.
youths in detention required mental health services in fiscal year (FY) 2008;16 74% of youths in placement require substance abuse treatment;17 and 40% of youths admitted to detention in FY2008 came from only 15 of the citys 59 community districts,18 and 68% of those youths came from areas where poverty rates are between 32% and 46%.19 In addition, this is occurring at an exorbitant expense to the City and Statethe total City budget for the juvenile justice system in FY2008 was over $251 million.20 The Bloomberg and Paterson Administrations have made a priority of enhancing public safety through improving the outcomes of the juvenile justice system. Over the past few years, substantial reforms have been recommended and implemented to expand the opportunities for court-involved youths to receive services that address their needs while still holding them accountable. The purpose of the Citizens Crime Commission of New York Citys Guide to Juvenile Justice in New York City, is to enhance the publics understanding of the Citys juvenile justice policies and practices. This guide provides an overview of New York Citys juvenile justice system with historical context, and highlights the recent efforts made by the City and State to expand alternative programs available to court-involved youths.
BACKGROUND
A.The Juvenile Under New York Law Beginning at age seven, youths in New York can be prosecuted for engaging in criminal behavior.
Under New York State law these youths fall into one of three categories: Juvenile Delinquent, Juvenile Offender, or Youthful Offender. These categories are defined by the youths age and are contingent on whether the youth is considered to be criminally responsible for his/her behavior.
Juvenile Delinquent
A Juvenile Delinquent is a youth over 7 and under 16 who commits an act that would be a crime if committed by an adult and is not criminally responsible for his/her actions due to infancy.22 Juvenile Delinquents are prosecuted in Family Court by the New York City Law Department. Following adjudication these youths may face a disposition of a term of placement for a maximum of 12 months for a misdemeanor; 18 months for a felony; or 5 years for a designated felony (see exhibit 4), in New York State Office of Children and Family Services (OCFS) administered facilities.23 The court may extend the term of placement if the youth requires further services, without consent of the youth up to age 18 or with consent from the youth up to age 21.24
y y y y y y y y y y y Murder Kidnapping Arson Assault Manslaughter Rape Sodomy Aggravated sexual abuse Robbery Burglary Assault21
Exhibit 4: Designated Felonies
Juvenile Offender
A Juvenile Offender is a youth age 13, 14 or 15 who commits a serious crime and is assumed to be criminally responsible due to the serious nature of the offense. This category applies to youths who commit serious or violent crimes (including all designated felonies).25 Juvenile Offender cases are automatically assigned to the adult criminal court system for prosecution by the county District Attorneys Office. Although prosecuted in the adult system, convicted youths serve their sentence in secure Office of Children and Family Services facilities until their 16th birthday (or age 21 if permitted). Juvenile Offenders are subject to adult sentences and may face up to life in prison for murder.26 The juvenile offender case may be transferred to Family Court prior to indictment, before trial, or for sentencing, to be handled as a juvenile delinquency designated felony case, if the court finds there is not reasonable cause to believe that the defendant is criminally responsible.27
Youthful Offender
Once youths reach age 16, under New York law they are considered criminally responsible and fall under the jurisdiction of the adult criminal justice system. Individuals 16 and over are prosecuted in criminal court by the county District Attorneys Office and serve their sentence under adult correctional authorities. Any youth who is convicted as a Juvenile Offender or is convicted of a crime committed between the ages of 16 and 18 may be eligible for consideration as a Youthful Offender. In the interest of justice, the court may grant a youthful offender finding in substitution for a criminal conviction providing a discounted sentence and relieving the onus of a criminal record.28 Thus, Youthful Offenders are not identified as such until the sentencing hearing. Youthful Offenders who were not originally convicted as Juvenile Offenders (those who committed a crime between ages 16 and 18) serve their sentence with the New York State Department of Correctional Services (DOCS). Juvenile Offenders who are granted a youthful offender finding serve their sentences in secure OCFS facilities until they reach their 16th birthday at which time they may be transferred to the DOCS unless permitted to remain under OCFS supervision until age 21. All Youthful Offenders are subject to sentences of up to four years in secure facilities. Youths who commit class AI or AII felonies and those previously convicted of a felony are not eligible for youthful offender status, as well as individuals who commit an armed felony, rape in the first degree, sodomy in the first degree, or aggravated sexual abuse, in the absence of mitigating circumstances.29
B. History
Concepts of juvenile justice date back thousands of years to the Code of Hammurabi (2270 B.C.) which addressed runaways, children who disowned their parents, and sons who cursed their fathers.30 Since then society has continued to struggle with the appropriate means to address juvenile delinquency. New York City was one of the first jurisdictions in the United States to engage in juvenile justice reform.31 Soon after the New York State Penitentiary opened in 1797, juveniles began to be tried in criminal courts and committed to prisons with adults. In 1824, the New York Society for the Prevention of Pauperism successfully lobbied the State Assembly to pass legislation requiring children convicted of crimes to be rehabilitated in a separate institution, apart from adults. This legislative victory resulted in the creation of the House of Refuge, a juvenile justice institution modeled after the prison system, run by the Society for the Reformation of Juvenile Delinquents (a subsidiary of the New York Society for the Prevention of Pauperism).32 Laws granted the criminal courts the option to sentence children under the age of 16 to serve an indeterminate sentence (which could remain in effect until age 21 for boys and 18 for girls) under the supervision of the Society for the Reformation of Juvenile Delinquentsuntil 1851 when the Childrens Aid Society built the New York Juvenile Asylum for children under 12.33 In 1865, New York State passed the Disorderly Child Act (which resembles the current Persons In Need of Supervision (PINS) statute (see exhibit 5)), providing parents and guardians the ability to petition the court to detain their child for non-criminal acts. This move to granting the state control of children led the way for reforms further reducing parental authority. During the late 1800s, the Society for the Prevention of Cruelty to Children advocated for childrens rights, resulting in the passage of protections against child neglect, the adoption of the parens patriae (see exhibit 6) doctrine, and the formal organization of laws governing children.34 Most significantly, the shift to parens patriae allowed the state to intervene in a different way than under the adult system. Due to the diminished legal capacity of children, parens patriae provides the state the inherent right to protect children who are not receiving appropriate care or supervision. The doctrine ultimately limits parental rights and asserts that parents are merely the agents of the state in raising a child.35 5
Exhibit 6: Parens Patriae The parens patriae doctrine provides the power of the state to act in behalf of the child and provide care and protection equivalent to that of a parent.36 Exhibit 5: Person In Need of Supervision (PINS) PINS status refers to someone under 18 years of age who does not attend school, or behaves in a way considered dangerous.
Advocacy efforts culminated with the creation of the Manhattan Childrens Court in 1902, which allowed for all cases involving the commitment or trial of juveniles to be heard and determined by a segregated court division devoted to juvenile cases.37 During the turn of the century, New York proceeded to strengthen earlier laws mandating the segregation of juvenile cases and maintenance of records statewide, and reserving the conviction of juveniles to misdemeanors except in capital cases.38 The State also expanded services for youths by applying probation to juvenile proceedings.39 The 1920s brought several reforms that changed the administration of juvenile justice. In 1924, a truly independent Childrens Court was established in New York City (see note 1). Further reforms expanded the definition of juvenile delinquency to
Note 1: New York City Domestic Relations Court In 1933, the New York City Childrens Court became the New York City Domestic Relations Court.
encompass criminal activity, disorderly conduct, truancy, and desertion.40 Then in 1927, the State Court of Appeals held that the standards of criminal procedure, including due process protections, were required in delinquency proceedings.41 These protections were quickly eroded in the 1932 case People v. Lewis, in which the New York Court of Appeals held that due to the differences in criminal and delinquency proceedings, civil standards were sufficient in delinquency cases.42 As a result, juvenile delinquents were no longer protected against self incrimination, and the standard of proof in delinquency cases was changed to a preponderance of the evidence.43 This remained in practice until the 1960s.44 Reform efforts also addressed detention issues, leading to the expansion of detention facilities over the next 30 years. Overcrowding in the lower Manhattan Youth Houses resulted in the relocation of detention facilities to the Bronx. Hunts Point became home of the Manida Juvenile Center for girls in 1953, followed by the Spofford Juvenile Center for boys in 1957. Despite the move, problems continued to plague the detention facilities. Spofford quickly became seen as a place that exacerbated the problems of its detainees, instead of rehabilitating them, due to ongoing administrative failures, accusations of staff abuse and physical limitations of the facility.45 Continuing problems in the administration of juvenile justice in both the courts and detention facilities coupled with federal reforms brought more changes in the 1960s and 70s. In 1962, New York created the current Family Court structure as an effort to resolve the Childrens Courts limitations of split jurisdiction, lack of legal representation, and procedural inefficiency. The Family Court Act created a countybased system of trial courts dedicated to hearing matters involving adoption,
guardianship, foster care approval and review, juvenile delinquency, family violence, child abuse and neglect, and child support, custody and visitation. In addition, the Act provided various procedural and substantive safeguards to youths including assigned counsel.46 Federal reforms provided more changes in the state juvenile justice system. During the 1960s and 70s, the Supreme Court decided a number of cases that impacted juvenile justice procedures. These decisions took aim at the parens patriae philosophy of juvenile courts, finding that Fourteenth Amendment protections should be afforded to juveniles because the court may not always act to help the juvenile, it may also punish. The Fourteenth Amendment protections were granted gradually over this time period. In 1966, Kent v. United States found that courts must provide the essentials of due process in transferring juveniles to the adult system.47 The following year, In re Gault applied the right to notification and counsel, to question witnesses, and to protection against self-incrimination, to juveniles facing commitment.48 In 1970, In re Winship changed the standard of proof in delinquency cases from a preponderance of evidence to beyond a reasonable doubt.49 Although the Court has applied many of the due process protections to juvenile court during the fact-finding stage, in McKeiver v. Pennsylvania it found, due to the non-adversarial nature of the juvenile court, that the Fourteenth amendment does not require jury trials in the adjudication stage.50 While the Supreme Court was actively responding to juvenile justice system issues, Congress also began to pursue reform. In 1968, Congress passed the Juvenile Delinquency Prevention and Control Act recommending the diversion of status offenders (see exhibit 7) from the court system and facilitated the allocation of federal funds to states for juvenile delinquency prevention programs. A few years later, the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDP Act) created a coordinated national effort to control and prevent delinquency. Expanding on the Juvenile Delinquency Prevention and Control Act, the JJDP Act provided state funding contingent on the deinstitutionalization of status offenders and the separation of juvenile delinquents from convicted adults in penitentiaries. The Act also created offices to support local and state efforts including the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the National Institute for Juvenile Justice and Delinquency Prevention. After signs of success including a decrease in total cases and status offender cases referred to juvenile court and a decrease in the 7
Exhibit 7: Status Offenses Status offenses are acts which are only classified as violations because of the offenders status as a minor, such acts include truancy, running away, underage alcohol consumption, and others. In New York, youths who commit status offenses are referred to as Persons In Need of Supervision (PINS).
rate of detention of status offenders, the JJDP Act was reauthorized and expanded over the next two decades.51 The increase in juvenile crime in the 1970s and the historically lenient penalties for juveniles led to the passage of the Juvenile Justice Reform Act of 1976 and the Juvenile Offender Act of 1978 by the New York State Legislature. The Juvenile Justice Reform Act created a new category of delinquency comprised of youths 14 and 15 years old who commit a designated felony. These youths can be prosecuted by the district attorney in Family Court and can be placed in secure confinement for periods of three to five years.52 In 1978, the Juvenile Justice Reform Act was expanded to include 13-year-olds and additional designated felonies, as well as a recidivist provision allowing the restrictive placement of any youth between ages 7 and 16 convicted of a third felony.53 The Juvenile Offender Act of 1978 marked an important change for juvenile justice in New York. Up to this point all criminal youths were treated as delinquents, this Act created the category of juvenile offendersyouths ages 13 to 15 who commit serious crimes (including all designated felonies and additional crimes) lowered the age of criminal responsibility, and moved prosecution of these cases to adult criminal court.54 These juvenile offenders are charged as adults and placed in juvenile correctional facilities. Under these acts, offenders were to be removed from the community and provided intensive rehabilitative services in a secure facility, but New York Citys detention facilities were not providing a rehabilitative environment. The ongoing problems at Spofford influenced then Mayor Edward Koch to establish a commission to review juvenile justice issues. The commission recommended the creation of a new department of city government, the Department of Juvenile Justice (DJJ), to administer all secure and non-secure detention facilities.55 In 1979, the New York City Department of Juvenile Justice (DJJ) was created. The Departments first Commissioner, Paul Strasburg, facilitated the shift back to rehabilitation by focusing on safety, education, and medical care. DJJ implemented educational assessments and opened the Carter G. Woodson Academy, a state-approved school for detained youths.56 As the Department restored order it continued to revise its mission. When the second Commissioner, Ellen Schall, took over in 1983, she shifted the focus of the Department to delinquency prevention and addressing the underlying problems 8
of the youth. Schall implemented a case management system, a Behavior Management Program, and an aftercare program (see exhibit 8). These changes provided youths a structured environment and access to social services based on their individual needs.57 New Yorks detention policies gained national
Exhibit 8: Aftercare Aftercare is programming provided to youths discharged from detention or placement. Aftercare programming links youths to community-based services to address their specific needs and provides supervision and structure to facilitate the successful reentry of the youth back into the community. Services may include mental health or drug treatment, or supervision in the form of drug testing or employment verification.
attention in 1984 when juveniles who had been detained under the New York Family Court Act challenged the constitutionality of pretrial detention practices, claiming such practices violate the due process clause. In Schall v. Martin, the US Supreme Court ruled to uphold the statute allowing for the placement of youths in preventative detention before their adjudication.58 The Court concluded that it was not unreasonable to detain juveniles for their own protection. Although the physical structure of Spofford limited the rehabilitative environmentand DJJ had been seeking to replace it with smaller, less institutional facilities, in more accessible locations since its creationfunding did not become available for such changes until the late 1980s. Ten years later, DJJ opened the Horizon and Crossroads Juvenile Centers, both constructed to be less restrictive and smaller than Spofford. Despite the new construction, a long-term population increase required more space. In 1999, DJJ returned to the Spofford facility, newly renovated and renamedBridges Juvenile Centerfor the administration of intake, admission, and transfer of youths.59 A shift toward harsher responses to juvenile crime was seen in New York during the late 1970s and echoed by the federal government throughout the 1980s and early 90s during the administrations of Presidents Ronald Reagan and George H. W. Bush. Those administrations pushed a conservative reform agenda that called for new penalties for serious and violent juvenile offenders and decreased funding for the federal juvenile justice program.60 OJJDPs focus turned to combating drugs, gangs, and pornography, and addressing the plight of missing and exploited children. A Democratic Congress was able to maintain the funding for OJJDP, but struggled to maintain the ideals set out in the JJDP Act. This punitive turn in juvenile justice was exacerbated by research that emerged during this time painting juveniles as superpredatorsyouths more violent than previous generations. The growing juvenile population, coupled with a perception of increased juvenile crime during the early 90s, fueled national legislative changes to move violent youths to adult criminal court. It
was not until the late 90s that statistics discredited this theorythe increased juvenile crime had actually declined back to the previous rate by 1995 and arrest rates have been found to be unrelated to the size of the juvenile populationbut states had already moved toward a more punitive juvenile justice system.61 Delinquency prevention once again became the focus of OJJDP during the Clinton Administration. Under the guidance of U.S. Attorney General Janet Reno, efforts were made to promote early childhood education programs and prevent the maltreatment of children as crime reduction strategies. OJJDP focused research on the issues of disproportionate minority contact and conditions of confinement within the juvenile justice system. Most importantly, states were encouraged to implement programs of proven effectiveness.62 In recent years, the federal governments focus on combating terrorism has taken the spotlight off juvenile crime. Under the administration of President George W. Bush, resources for OJJDP became limited and the Office shifted back to focusing on missing and exploited children. In addition, OJJDP supported the expansion of faith-based services and mentoring programs.63 Under the administration of President Barack Obama OJJDP has set new priorities. OJJDPs plan for FY2010 prioritizes addressing youth violence and victimization and improving protections for youth involved in the juvenile justice system. The plan focuses these efforts on supporting programs to address and treat children exposed to violence; expanding community-based violence prevention efforts; reducing disproportionate minority contact; replicating youth gang prevention and intervention strategies; and continuing efforts in traditional OJJDP focus areas such as, tribal youth, girls delinquency, mentoring, research and evaluation, and missing and exploited children, among other topics.64 To date the City and State continue to struggle with the appropriate means to address juvenile crime. Recent reports assessing the state of juvenile justice in New York have uncovered significant areas in need of reform including reports of abuse and inadequate services in juvenile placement facilities,65 and research indicating juveniles may be better served closer to home.66 In response to these reports, Governor Paterson convened a task force to create a blueprint for transforming the state juvenile justice system;67 and in Mayor Bloombergs 2007
10
State of the City address, he vowed to do more than ever to hold accountable the children and teens who run afoul of the law and also help them get the services they need.68 To accomplish these goals, the City and State have created plans for reform and implemented several new initiatives to divert youths from detention and placement as well as improve the services provided to address their needs. For example, to assist pre-adjudication diversion decisions, the City has implemented the use of a risk assessment tool in Family Court to provide judges information on each youths risk of failure to appear in court and risk of re-arrest. The risk assessment instrument is also utilized to target youths for the new Alternative-toDetention (ATD) program, implemented citywide in 2008, that focuses on maintaining community ties and school enrollment.69 To divert youths after adjudication, the Department of Probation and the Administration for Childrens Services have created an alternative-to-placement and aftercare program that utilizes evidence-based services to treat youths and their families.70i In addition to programming, reform efforts have focused on the administration of detention and placement. In December 2009, Governor Patersons Task Force on Transforming Juvenile Justice released recommendations to expand alternatives to placement and reentry programs and improve institutional placement services.71 Beginning in 2010, New York City reorganized its administration of juvenile detention by consolidating the Department of Juvenile Justice under the Administration for Childrens Services.72
i For
more information on these programs see the Continuum of Services section.
11
12
Figure 1: Juvenile Justice System Flow Chart Juvenile Delinquent
Arrest & Intake

Release to Parent OR Release to Parent with a Family Court Appearance Ticket OR Transport to Family Court OR Transport to Bridges Juvenile Center Probation Intake Dismiss or Adjust
Decline to Prosecute
Juvenile Delinquent Arrest
Police Precinct
Police may:
Refer for prosecution
Law Department Reconsider Adjustment
File Petition
NEW YORK CITY JUVENILE JUSTICE SYSTEM
Detention Intake
Release to Parent
Admit to Non-Secure Detention
Admit to Secure Detention
13
14
Dismissal or ACD Juvenile denies the petition charges Based on the results of the Risk Assessment Instrument Judge may order one of the following for pendency of trial: OR OR OR Adjudicated Juvenile Delinquent Fact Finding Hearing Secure Detention (High Risk) Non - Secure Detention (High Risk) Probable Cause Hearing If a youth is detained more than 3 days awaiting fact-finding hearing a Probable Cause Hearing is held to determine if continued detention is necessary Alternative to Detention (Moderate Risk)
Initial Court Appearance & Fact-Finding Hearing
Dismissal or Post-Petition Adjustment or ACD
Family Court
Initial Court Appearance
Juvenile admits to the petition Release charges to Parent (Low Risk)
Disposition Hearing
Disposition Hearing & Post-Disposition Procedures

Dismissal or ACD
Recommendations to judge
Probation Investigation & Report Disposition Hearing OR OR OR
Judge finds youth in need of supervision. Judge may order any one or combination of the following options:
Conditional Probation Discharge
Reenter Community Alternative to Placement Placement
Aftercare
If a youth violates a condition of supervision, the judge may hold a violation hearing. If found in violation, the judge may then revoke, or continue or modify the order. If the order is revoked, the judge may order placement.
15
16
Figure 2: Juvenile Justice System Flow Chart Juvenile Offender
Arrest & Intake
Dismiss or Adjust
Decline to Prosecute
Refer for prosecution Probation Intake Reconsider Adjustment District Attorney File complaint
Juvenile Offender Arrest
Precinct
Bridges Juvenile Center
Detention Intake
Admit to Secure Detention
* At this point, the case may be informally referred to Family Court for prosecution.
Arraignment & Trial
Dismissal
Dismissal
Dismissal
Dismissal or Found Not Guilty
Criminal Court Arraignment Grand Jury OR Plead Guilty Release on Own Recognizance (ROR) Set Bail Indictment OR
Plead Not Guilty Judge may: Supreme Court Arraignment
Plead Not Guilty Judge may: OR
Trial
Convicted
OR
Plead Guilty
Set Bail
Remand to Secure Detention
Remand to Secure Detention
Release on Own Recognizance (ROR)
Sentencing Hearing
* At any point following Criminal Court arraignment, a removal proceeding may take place to transfer the case to Family Court for prosecution.
Sentencing Hearing
17
18
Sentencing Hearing OR OR The judge may order any one or combination of the following sentencing options: Conditional Discharge Probation Placement/ Reenter Community Prison Parole/ Conditional Release If a youth violates a condition of supervision, the judge or parole board may hold a violation hearing. If found in violation, the judge or parole board may then revoke, or continue or modify the order. If the order is revoked, the judge may order placement.
Sentencing & Post-Dispositional Procedures
Probation Investigation & Report
Recommendations to judge
A. Juvenile Justice Process

This section examines the juvenile justice process in New York City beginning with arrest and intake; detention and alternatives to detention; adjudication and disposition of juvenile cases, including placement, alternatives to placement, and aftercare.
Arrest and Intake
When police encounter a youth who has broken the law, they may exercise informal discretion in deciding whether to arrest the youth or divert him/her from the juvenile justice system by releasing the youth with a warning or a referral to services. Depending on the severity of the offense and the age of the youth, upon arrest a police officer may process the case in a variety of ways. Alleged Juvenile Delinquents may be 1) released to a parent; 2) released with a Family Court Appearance Ticket, requiring the youth to report to court on a certain date; 3) transported directly to Family Court; or 4) if court is closed, transported to Bridges Juvenile Center for detention intake.73 Alleged Juvenile Offenders are transported from the police precinct directly to Bridges Juvenile Center, and after intake are placed in secure detention facilities pending arraignment.74 (see note 2)
Note 2: Youthful Offender and 16 & 17 year-old Arrests Youthful Offenders are not identified as such at this point of the justice process. Youths 16 years and older who are arrested are transported from the police precinct directly to Criminal Court for arraignment. If they are not released on recognizance or bail following arraignment, these youths are jailed in New York City Department of Correction facilities. Their cases follow the same process as Juvenile Offenders , with the exception that their cases cannot be removed to Family Court.
Table 1: Juvenile Arrests 12,558 Total number of juvenile arrests, for both juvenile and juvenile offender acts in CY2008.75 Total number of arrests made for juvenile offender offenses in 2,223 CY2008.76 Total number of juveniles ages 7 through 15 arrested for major felony offenses, including murder and nonnegligent manslaughter, 4,207 forcible rape, robbery, felonious assault, burglary, grand larceny, and grand larceny auto, in FY2009.77
19
Juvenile Delinquent Case
11,846
total Probation intakes in FY200983
After arrest, the New York City Department of Probation conducts an intake interview to determine whether the case should be dismissed, adjusted (diverted from court) or referred to the presentment agency (prosecutor) for formal court processing.78 A Probation Officer interviews all concerned parties including the youth, the arresting officer, the complainant (victim), and the youths family members. After gathering all the essential information regarding the case, the probation officer decides how to resolve the case. With the consent of the complainant, a case may be adjusted after intake.79 During the adjustment process, the probation officer works with the parties involved to resolve the case without involving the court and monitors the youth for up to 60 daysthis term may be extended for an additional 60 days with court approval.80 During this term, the youth must adhere to agreed upon conditions such as
28%
of intakes were diverted through adjustment84
59%
of intakes were filed for prosecution85
Exhibit 9: Risk Assessment Instrument The RAI measures the risk of failure to appear based on the following factors: x x x x Whether an adult appeared on behalf of the juvenile at probation intake; Whether the youth has an open juvenile delinquent warrant; Whether the youths school attendance was less than 30% in the last full semester; and Whether the youth has prior juvenile delinquent or Persons in Need of Supervision warrants.
community service and/or restitution. If conditions are not satisfied, the Probation Officer will recommend the case for prosecution.81 If a case is not adjusted, and the Department of Probation decides to pursue it, the case is referred to the New York City Law Department. In juvenile delinquency cases, an Assistant Corporation Counsel from the New York City Law Departments Family Court Division is responsible for prosecuting the case. The Law Department maintain the discretion to refer a case back to the Department of Probation for adjustment, decline to prosecute a case, or file a petition in court to commence proceedings.82
The tool measures the risk of being rearrested based on: x Whether the youth has prior unsealed arrests or prior unsealed felony arrests; x Whether the youth has prior juvenile delinquent adjudications or designated felony adjudications; x Whether the youth is currently on juvenile delinquent probation; and x Whether the youths school attendance is more than 80%.86
For cases referred for prosecution, during the intake process, the Probation Officer will complete the Risk Assessment Instrument (RAI) to objectively measure the youths risk for failure to appear in court and re-offending during the course of the case process. (see exhibit 9) Each factor is assigned a point value and is tallied to produce a score indicating high-, moderate-, or low-risk. Youths who score as low-risk are eligible to be released to their parents; youths who score moderate-risk are eligible for an alternative to detention program; and
20
high-risk scoring youths are recommended for secure or non-secure detention.87 The RAI results are provided to the judge at the initial court appearance to objectively inform the detention decision.88
Juvenile Offender Case

In cases involving Juvenile Offenders, the Department of Probation completes an intake interview. After gathering all the essential information regarding the case the probation officer decides how to resolve the caseeither dismiss, divert from court, or file a complaint in court. A juvenile offender case may be eligible for adjustment upon approval from the court, and in some cases the presentment agency.89 An Assistant District Attorney is responsible for prosecuting the juvenile offender case. The District Attorneys Office maintain the discretion to refer a case back to the Department of Probation for diversion, decline to prosecute a case, or file a complaint in court.
Table 2: Juvenile Offender Cases CY2008 2,223 Total number of juvenile arrests for juvenile offender crimes.90 Percent of cases docketed for arraingment the remainder were either declinded for prosecution or transferred to Family Court.91
30%
21
Initial Court Appearance / Arraignment

When a decision is made to pursue a case, the presentment agency prepares a petition or complaint against the youth indicating the acts s/he is accused of committing and asks the court to make a decision whether the youth
Exhibit 10: Family Court Part of the New York State Unified Court System, countybased Family Courts hold jurisdiction over delinquency proceedings. Family Courts are trial courts of limited jurisdiction, hearing matters involving adoption, guardianship, foster care approval and review, juvenile delinquency, family violence, child abuse and neglect, and child support, custody and visitation.93 In New York City Family Courts judges are appointed by the Mayor to 10-year terms.
is a Juvenile Delinquent or a Juvenile Offender.92 A petition is filed with the Family Court for juvenile delinquency cases and a complaint is filed in Criminal Court for juvenile offender cases.
Family Court
In Family Court (see exhibit 10), an assistant corporation counsel will present the delinquency case at the initial court appearance (see exhibit 11). The initial court appearance must take place within 72 hours after the petition is filed if the youth is detained, or within 10 days otherwise.94 It is at this point
Exhibit 11: Initial Court Appearance & Arraignment Initial Court Appearance - The first appearance in Family Court cases. At this hearing, the youth is notified of the charges and his/her rights, and then admits or denies the charges. The judge will also determine whether a youth is to be detained or released while judicial proceedings are pending. Arraignment - The first court appearance in Criminal Court cases and the final stage of the arrest process. At this hearing the defendant is notified of the charges and his/her rights and then enters a plea of guilty or not guilty. Following the plea the judge makes a bail decision.
that the youth denies or admits guilt regarding the charges. At the initial court appearance, the court makes several determinations including whether the case should be referred back to the Department of Probation for adjustment; whether detention is necessary; if the youth is currently detained, the date of the probable cause hearing; and the date of the fact-finding hearing.95 There is no bail option in Family Court, youths are either released to a parent or guardian, remanded to detention, or released to an alternative-to-detention program.96 If the youth denies a charge contained in the petition and the court orders detention of the youth for more than three days pending a fact-finding hearing the court will hold a probable cause hearing. The hearing must take place within three days of the initial court appearance or within four days of filing of the
22
petition.97 At the probable cause hearing, the court will hear evidence in support and in defense of the charges. At the conclusion of the hearing, the court must determine: whether it is reasonable to believe that a crime was committed; and whether it is reasonable to believe that the respondent [the youth] committed such crime.98 At this point, if reasonable cause is found, the court will also determine if continued detention is necessary. If reasonable cause is not found, the case will be adjourned and the youth released from detention.99
Exhibit 12: Criminal Court Also part of the New York State Unified Court System, New York City Criminal Court has preliminary jurisdiction over all arrests processed in the five boroughs by state and local law enforcement agencies. The majority of felony, misdemeanor and petty offense cases are arraigned in Criminal Court. In New York City Criminal Courts judges are appointed by the Mayor to 10-year terms.103 New York City Criminal Court has trial jurisdiction over all misdemeanor* cases not prosecuted by indictments and over summons matters. In addition, Criminal Court has preliminary jurisdiction over felony cases. Felony cases are arraigned in Criminal Court then, if not disposed, adjourned to a Felony Waiver Part to await the decision of the Grand Jury. Felony cases are transferred to Supreme Court after a grand jury votes an indictment. *In Bronx County, misdemeanor cases that are not disposed at arraignment are transferred to Supreme Court for trial.
5,833
youths were admitted to detention in FY2009102
Criminal Court
Juvenile offender cases are commenced in New York City Criminal Court (see exhibit 12). At arraignment, (see exhibit 11) the assistant district attorney will present the juvenile offender case and the youth will enter a plea. If the youth enters a plea of guilty, the offense is charged and a sentencing hearing is scheduled. If the youth pleads not guilty, the judge will make a bail decision, determining if the youth will be detained awaiting trial or released on recognizance; and the case will be adjourned to a Felony Waiver Part to await the decision of a Grand Jury.100 Juvenile Offenders are eligible for alternative-to-detention programs after grand jury indictment. If bail is not made or the judge does not release the juvenile on recognizance or to an ATD program, s/he must be held in a secure detention facility pending trial.101 Under certain circumstances juvenile offender cases may be transferred to Family Court. If there is not reasonable cause to believe that the defendant committed a crime for which a person under the age
660
juvenile offender cases were arraigned in Criminal Court in CY2008*104
48%
of youths were detained pending trial105
*Excludes cases prosecuted in Staten Island
23
of 16 is criminally responsible but there is reasonable cause to believe the
135
juvenile offender cases docketed in NYC criminal courts were removed to Family Court in CY2008106
defendant is a juvenile delinquent, the court, grand jury, or the district attorney may refer the case to Family Court or request a removal of proceeding.109 This request may take place prior to indictment, before trial, or for sentencing. A referral is an informal transfer that can take place prior to or after filing in criminal court, or in the event the criminal court dismisses
642
cases were disposed at this point107
the case. A removal is a judicial transfer that may only take place after the case has been filed in criminal court. In the event that a juvenile offender case is transferred to Family Court, the case will be prosecuted as a designated felony case by an assistant corporation counsel.110
87
cases were disposed by transfer to Family Court108
Detention
If there is a high risk that the youth will flee, or will commit another crime prior to his/her next court appearance, a youth may be detained by police admit or court order.111 A police admit occurs if court is closed (see note 3). If a judge finds the youth to be high-risk, a court order will be issued to detain the youth in a secure or non-secure detention facility112the Family Court Act prohibits the detention of youths under the age of 10 in secure facilities.113 New York Citys juvenile detention system is administered by the Administration for Childrens Services (ACS), an entity
Note 3: Weekend Arraignment Beginning May 31, 2008, NYC began weekend arraignment (initial court appearance) of youths under age 16 in Manhattan Criminal Court to decrease the utilization of police admits to detention.
Note 4: Detention Administration
of New York City government (see note 4). New York State has nine secure
Prior to 2010, NYC juvenile detention was administered by the City Department of Juvenile Justice. The Department was consolidated with the Administration for Childrens Services in an effort to expand the services available to court-involved youths.
detention facilitiesthree operating in New York City (Horizons, Crossroads, and Bridges).114 Both Juvenile Delinquents and Juvenile Offenders are detained in Administration for Childrens Services facilities. The judge may decide whether a youth is admitted to either a secure or a
24
non-secure detention facility or may allow ACS to decide. The Family Court Act defines secure detention facilities by the characteristics of physically restricting construction, hardware and procedures.115 By law, secure detention must maintain an eight-to-one juvenile-to-staff ratio.116 In secure detention, youths must follow a rigid daily schedule, beginning at 5:30 A.M. and ending at 9:30 P.M., involving showering, cleaning, meals, attending school or court, and recreational activities.117 Bridges Juvenile Center is the intake/admissions center for all detained youths and houses post-adjudicated youths awaiting transfer to New York State Office of Children and Family Services (OCFS) placement facilities. During intake, youths undergo comprehensive health and mental health assessments, which may take up to three days. After this point youths may be transferred to another secure or non-secure detention facility.118 In addition to the three secure detention facilities, ACS oversees a network of non-secure detention group homes located throughout the citythe majority of group homes are operated through contracts with private social service organizations.119ii Non-Secure Detention facilities are defined by not having the physically restrictive hardware, construction, or procedures of the secure facilities.120 Non-Secure facilities are intended to offer a home-like environment while providing close supervision. By law, each non-secure facility may house up to 12 youths and must maintain at least two staff members on site at all times.121 Youths in non-secure detention follow a similar daily schedule as those in secure facilities; however, youths in non-secure facilities attend school outside the facility.122
5,833
total admissions to detention in FY2009 (majority alleged juvenile delinquents)123
279
average daily population in secure detention124
151
average daily population in non-secure detention125
20 days
average length of stay in secure detention126
32 days
average length of stay in non-secure detention127
ii
See Continuum of Services section for more information.
25
Juveniles can be held in detention facilities pre- and post-adjudication, but detention may not be utilized as a disposition option or a sanction for probation violations.129 The detention facilities must meet the standards set forth by the New York Codes, Rules, and Regulations130 and the Office of Children and Family Services governing all juvenile facilities.131 These regulations apply to
Exhibit 13: MAYSI The MAYSI is a screening tool developed to identify youths age 12 to 17 in the juvenile justice system who have mental health needs. The tool consists of 52 yes or no questions to be completed by the youth. MAYSI is based on seven scales for boys and six scales for girls. Scales measure the following: y Alcohol/Drug Use y Anger-Irritable y Depressed-Anxious y Somatic Complaints y Suicide Ideation y Thought Disturbance (boys only) y Traumatic Experiences.128
education, medical and mental health services, religious services, recreation, and case management.132 Youths in detention attend school at Passages Academy, operated by the New York City Department of Education, located in each of the secure facilities and one separate facility for those in non-secure detention. Educational services are tailored to the needs of the students and cover all major academic subjects, with a strong focus on literacy and numeracy. Youths are eligible to receive credit on their transcripts for the work accomplished while in detention.133 In secure facilities, medical presence is required 24 hours a day, seven days a week. Youths in custody receive treatment on site by the Floating Hospital for medical needs, Forensic Health Services for mental health needs and Charles Jin Medical Services for psychiatric needs. All youths are screened for mental health needs using the Massachusetts Youth Screening Instrument (MAYSI) (see exhibit 13). In addition, youths can refer themselves for treatment and detention staff may refer youths.134 ACS must set forth efforts to preserve and protect the religious faiths of all youths in custody. Each secure facility has a chapel and a chaplain is employed to conduct religious services and counsel youths. Youths in detention must receive indoor or outdoor recreational activity every day. Case
26
management must be provided to all youths in custody soon after admission and a masters level social worker must supervise case managers. In addition to the mandated services, the detention administration has collaborated with communitybased organizations to expand programs for detained youths including the Leadership through Sports program, an arts program based in court detention rooms, and the LIFE Transitions initiative that focuses on school attachment and career aspirations.135
Alternatives to Detention
Research has revealed numerous flaws in the practice of pretrial detention. Judges have been found to be making detention decisions on factors that are not prescribed by legal guidelines, or based on the risk to public safety and the severity of the offense.136 Pretrial detention has been found to negatively effect youths in many aspects of their lives.137 In addition, detention consumes a large portion of the Citys budget for the juvenile justice system.138 In light of these findings, policymakers have developed alternatives to detention for youths pending adjudication that protect the public and ensure legal guidelines are observed. If there is a moderate risk that the youth will flee or will commit another crime prior to his/her next court appearance a youth may be admitted to an alternative-to-detention (ATD) program. ATD programs allow youths to remain in the community under supervision provided by the Department of Probation or a contracted community-based organization. These programs focus on maintaining positive community ties by keeping youths in school and providing access to services that address their needs while they await adjudication.139iii
iii For
1,800
total youths per year the Department of Probation ATD program has capacity to serve140
more information about alternative to detention programs see the Continuum of Services section.
27
Adjudication and Disposition / Trial and Sentencing Family Court
The petition is next reviewed at a fact-finding hearing (see exhibit 14) to determine whether the allegations are valid. If the youth is detained and the highest count of the petition is a class A, B or C felony, the hearing must take place within 14 days of the initial court appearance; if less than a C felony the
Exhibit 14: Fact-Finding Hearing & Trial Fact-Finding Hearing - The Family Court judge determines whether there is sufficient evidence to sustain the allegations in a petition. Trial - A Supreme Court judge or jury decides whether the defendant is guilty or not guilty of the charges against him/her.
hearing must take place within three days of the initial court appearance.141 If the youth is not detained, the fact-finding hearing must take place within 60 days of the initial court appearance.142 At the fact-finding hearing the presentment agency attempts to prove the case beyond a reasonable doubt to the presiding judge (there are no jury trials in Family Court).143 If the judge makes a finding in favor of the prosecution, a dispositional hearing (see exhibit 15) will be scheduled and the Department of Probation will be ordered to investigate the youths home and school behavior.144 If the judge finds the allegations are invalid, the petition is dismissed and the
Exhibit 15: Disposition Hearing & Sentencing Hearing Disposition Hearing - The Family Court judge pronounces the resolution of the case. The Juvenile Delinquent is informed of the terms of his /her sentence. Sentencing Hearing - The Criminal Court judge pronounces the punishment. The Juvenile Offender or Youthful Offender is informed of the terms of his/her sentence.
youth is released. The judge may also dismiss the petition through an adjournment in contemplation of dismissal (ACD).145 An adjournment in contemplation allows the case to be put on hold for up to six months, granting the youth an opportunity to have the charges dismissed if s/he successfully abides by conditions during the adjournment period.146 If the youth is adjudicated as a Juvenile Delinquent, the court records will be sealed after the completion of the imposed disposition, therefore, the case will not appear on his/her criminal record.147 After a petition is found valid, a disposition hearing is held to determine if the Juvenile Delinquent is in need of supervision, treatment, or confinement.148 If the youth is detained and adjudicated for a designated felony, the hearing must
28
take place within 10 days of the order; for all other cases it must take place within 50 days of the order.149 Prior to the disposition hearing, the Department of Probation will complete an Investigation and Report (I&R)a more thorough report than the intake interviewwhich includes information from the youth, guardians, school, community-based programs, and other sources.150 To support the I&R and the officers disposition recommendation, the New York City Department of Probation utilizes a risk assessment tool, the Probation Assessment Tool (PAT).151 PAT measures the risk of re-arrest and the potential for success or failure on probation, based on individual risk factors and assets. In addition to the I&R, the court may order an Exploration of Placement to find a suitable placement program for the youth. The exploration of placement process involves the Department of Probation sending the I&R and the courts psychiatric and psychological reports to residential facilities to determine if the youth is eligible for its program.152
71%
NYC Law Department juvenile delinquency conviction rate in FY2009160
5,295
cases were disposed in Family Court in CY2008 (includes court order violations and modifications)161
35%
of cases received a placement order162
After reviewing all the information collected, the Probation Officer will make a recommendation to the court regarding the most appropriate disposition. The Probation Officer may recommend several disposition options including: placement (for up to 18 months for a felony; 5 years for a designated felony; or 12 months for a misdemeanor153), alternative-to-placement program (term is determined by the length of the program), conditional discharge (up to one year154), adjournment in contemplation of dismissal (up to six months155), or probation supervision (up to two years156).157 The judge will make a determination based on the information gathered by the Probation Officer, the case history, and any additional testimony. At the conclusion of the disposition hearing, the judge may accept the Probation Officers recommendation, order a different finding, or find that the youth is not in need of supervision, treatment, or confinementdismissing the petition.158 For nondesignated felony cases, the judge must choose the least restrictive disposition option available.159
43%
of cases received a probation order163
15%
of cases received an adjournment in contemplation of dismissal164
7%
of cases received a conditional discharge order165
29
429
cases were arraigned in Criminal Supreme Court in CY2008177
Criminal Supreme Court

The evidence for a juvenile offender complaint will next be presented to a grand jury, made up of 16 to 23 people.166 After hearing all of the evidence, the grand jury will decide if there is enough evidence to put the youth on trial. If the grand jurors find there is sufficient evidence, they vote for an indictment. If they do not find sufficient evidence, the charges are dropped and the youth is released.167 Upon grand jury indictment felony cases are transferred to Supreme
38%
of cases were detained pending trial178
15
cases were removed to Family Court at arraignment179
Court (see exhibit 16) for formal charging.168 In Supreme Court, another arraignment will be held where the youth will enter a pleaeither guilty or not guiltyto the charges in the indictment. If the youth pleads guilty, a sentencing hearing (see exhibit 15) will be scheduled. If the youth pleads not guilty, the case is adjourned for trial.169 At trial, the assistant district attorney attempts to prove the case beyond a reasonable doubt to the jury.170 If the jury makes a finding in favor of the
315
cases were disposed180
75%
of cases were convicted181
prosecution, a sentencing hearing will be scheduled, and if ordered the Department of Probation will complete an investigation and report (I&R).171 If the jury finds the youth not guilty, the charges are dismissed and the youth is released.172 At the sentencing hearing, the judge will pronounce the punishment. Possible sentences include: placement (see table 3); probation; conditional discharge; unconditional discharge; restitution; or fines.173 Upon conviction, in the interest of justice, Juvenile Offenders and adolescents between the ages of 16 and 18 who are prosecuted in criminal court for certain crimes may be eligible for a youthful offender finding.174 A youthful offender finding provides that the conviction will be vacated and the defendant can be sentenced to an indeterminate term of less than four years. This finding is intended to relieve the onus of a criminal record. A youthful offender finding is considered an adjudication, not a conviction, therefore court records will be sealed after the completion of the mandated sentence.175 Convicted Juvenile Offenders who are not granted a youthful offender finding do not have the benefits of having the case records sealedthe conviction will appear on the youths criminal record.176
33
Cases were removed to Family Court at sentencing182
225
cases were sentenced183
49
cases were sentenced as juvenile offenders184
78%
of sentenced cases received a youthful offender finding185 30
Exhibit 16: Supreme Court Part of the New York State Unified Court System, Supreme Court is a trial court of unlimited, original jurisdiction. The Criminal Term of the Supreme Court is responsible for adjudication of all felony prosecutions. After indictment, the juvenile offender case is transferred to Supreme Court for trial. The case will be heard in a specialized courtroom called Juvenile Offender Part (JO Part). The case will be assigned to a JO Part for Supreme Court arraignment or subsequent to arraignment. (There are no JO Parts in Staten Island courts.)
2,504
16- and 17-year-olds received youthful offender adjudications in CY2008186
Table 3: Range of Minimum and Maximum Sentences by Felony Class Category - Juvenile Offenders187 Crime Minimum Maximum Ages Specific Crime Classification Sentence Range Sentence Rage Murder 2nd (except Felony Murder) 14 & 15 A-I 7 15 Years Life PL 125.25(1)(2) Murder 2nd (except Felony Murder) 13 A-I 5 9 Years Life PL 125.25(1)(2) Murder 2nd (Felony Murder included 14 & 15 A-I but restricted to felonies listed below) 5 9 Years Life PL 125.25(3) Arson 1st PL 150.20 14 & 15 A-I 4 6 Years 12 15 Years Kidnapping 1st PL 135.25 Aggravated Sexual Abuse 1st PL 130.70 Arson 2nd PL 150.15 Assault 1st (intentional) PL 120.10(1)(2) Attempt Kidnapping 1st PL 110/135.25 1/3 Maximum 14 & 15 B-Violent Attempt Murder 2nd PL 110/125.25 3 10 Years Sentence Burglary 1st PL 140.30 Manslaughter 1st PL 125.20 Rape 1st (non-consensual) PL 130.35(1)(2) Robbery 1st PL 160.15 Sodomy 1st (non-consensual) PL 130.50(1)(2) Burglary 2nd (weapon or injury) PL 140.25(1) Robbery 2nd (weapon or injury) PL 160.10(2) Possession of Weapon 2nd (on school grounds) PL 265.03 Possession of a Weapon 3rd (on school grounds) PL 265.02(4)
14 & 15
C-Violent
1/3 Maximum Sentence
3 7 Years
14 & 15
D-Violent
1/3 Maximum Sentence
3 4 Years
31
86%
of Juvenile Offenders were sentenced to placement in CY2008188
Placement
The court may place a youth in his/her home, in the custody of a relative or other suitable person, the commissioner of social services, or with the division of youth.196 If the judge finds the youth needs to be confined, the judge will decide which type of facility is most appropriate. Juvenile Delinquents and Juvenile Offenders are placed with the New York State Office of Children and Family Services Division of Juvenile Justice and Opportunities for Youth (OCFS)197 and non-Juvenile Offender-Youthful Offenders (16 18 year-olds) are placed with the New York State Department of Correctional Services (DOCS).198 The Office of Children and Family Services Division of Juvenile Justice and Opportunities for Youth administers placement services through the operation of placement facilities and under contract with private voluntary agencies. Youths admitted to OCFS report to a reception center where they undergo an intake assessment prior to assignment to a placement facility. OCFS centers and homes are divided into three risk levels: Secure, Limited-Secure, and Non-Secure. Secure facilities are typically reserved for youths who are considered to be at highest risk for re-offending. Most voluntary agency facilities provide placement services in a non-secure setting for lower-risk youths.199 OCFS must follow the rules and regulations set forth in the New York Codes, Rules, and Regulations governing the Executive Department Division for Youth for juvenile detention facilities.200 OCFS has expanded on the requirements for facilities in its Policy and Procedure Manual. All facilities provide counseling, health, mental health, education, and ministerial services to youths in custody.201 In some cases, after the dispositional hearing, a juvenile will be detained at Bridges Juvenile Center to await transfer to an OCFS facility. Any time spent in detention awaiting transfer is counted towards the juveniles ordered placement term.202 Adolescents age 16 and older, including Youthful Offenders (non-Juvenile Offenders), sentenced to a term of incarceration are housed in New York State Department of Correctional Services facilities. DOCS operates 68 correctional facilities throughout New York State, including 6 facilities in New York City.203 Adolescents must be housed separately from adult inmates, except in limited circumstances.
40%
of Juvenile OffenderYouthful Offenders were sentenced to placement in CY2008189
1,632
youths entered OCFS placement in CY2008190
1,009
or 62% of youths were from New York City191
38
of the NYC juveniles admitted to OCFS were Juvenile Offenders192
82
of the NYC juveniles admitted to OCFS were Juvenile OffenderYouthful Offenders193
886
of the NYC juveniles admitted to OCFS were Juvenile Delinquents194
10.1 & 17.3

average lengths of stay in months in OCFS placement for Juvenile Delinquents and Juvenile Offenders, respectively195 32
Alternatives to Placement
Similar to alternatives to detention, alternatives to placement were developed to address disparities in disposition decisions;211 negative impacts on youths;212 and excessive costs.213 Alternatives to placement allow youths to remain in their community under supervision during their sentence. These programs focus on addressing the underlying issues that brought the youth into the justice system, such as substance abuse, mental illness, and/or family dynamics.iv
45%
of new admissions of Juvenile Offenders and Youthful Offenders to DOCS were from New York City in CY2008204
8
of the NYC juveniles admitted to DOCS were Juvenile Offenders205
Aftercare
The transition back into the community after involvement with the justice system can be stressful for youths. In addition, the progress made while under court supervision can be lost if care is not continued in the community.214 For these reasons, aftercare is considered to be one of the most important points of the juvenile
277
of the NYC juveniles admitted to DOCS were Youthful Offenders206
60.4 & 14.7
average length of stay in months in DOCS custody for Juvenile Offenders and Youthful Offenders, justice process.215 Many programs have acknowledged the need for sustained respectively207 support and intervention post-discharge by implementing aftercare programs that provide comprehensive plans and services for participants transition back into the community. These programs offer the opportunity for continued treatment and support services as well as referrals to community-based organizations that can be accessed after court requirements have been fulfilled. Many community-based organizations and state agencies offer aftercare services.v OCFS created an Intensive Aftercare Program (IAP) to assist youths who are returning to the community from its custody. IAP offers a range of supervision levels and programs including electronic monitoring, day placement programs, evening reporting centers, and evidence-based community therapy programs.216
iv For v For
2,452
juveniles were sentenced to probation in CY2008208
650
juveniles entered IAP in CY2008209
361
of the juveniles who entered IAP were from New York City210
more information about alternative to placement programs see the Continuum of Services section. more information about aftercare services see the Continuum of Services section.
33
Post-Dispositional Procedures
Probation, alternative-to-placement, and conditional discharge sentences are conditional; if a juvenile violates one or more of the conditions, a violation hearing may take place and the juvenile can be re-sentenced to a term of placement.220 Juveniles who are sentenced to probation, alternative-to-placement
4,497
total number of Juvenile Delinquents the Department of Probation supervised in FY2008, including:217
programs, and conditional discharge, remain under the jurisdiction of the judge and are supervised by the Department of Probation. The New York City Department of Probation provides supervision services to individuals who live in the City sentenced to probation, alternative-to-placement, and conditional discharge. Probation Officers supervise juveniles, coordinate service delivery, and provide referrals to treatment and programs. Probation Officers also periodically provide progress reports to the
2,216
in alternative programs (e.g. Esperanza, and ACS Juvenile Justice Initiative)218
court.221 In the event a Probation Officer suspects a condition has been violated, s/he will utilize discretion as to whether to apply a graduated sanction or recommend a revocation of probation. The Officer may, as a graduated sanction, alter the services
749
juvenile probationers were rearrested219
provided, increase the level of supervision, and/or impose another administrative sanction, in an effort to address the violative behavior and protect public safety.222 If graduated sanctions are deemed inappropriate, the Department of Probation will alert the court if a supervising officer finds evidence that a condition has been violated. If a condition violation is suspected, the court may order a search order, authorizing the Probation Officer to search the juvenile and his/her personal property.223 If the Department of Probation finds reasonable cause that a violation has occurred, the officer may file a petition of violationdescribing in detail the condition(s) violated.224 The judge will then issue a summons or warrant to bring the juvenile before the court.225 Either an assistant corporation counsel or assistant
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district attorney will present the petition. When the juvenile appears before the court, s/he will be notified of the contents of the petition and will be given the opportunity to make a statement responding to the allegations.226 The judge will then decide if the juvenile will be detained pending the violation hearing.227 At the hearing, the judge will hear evidence in support and defense of the petition. At the conclusion of the hearing, the judge may revoke, or continue or modify the order of probation, alternative-to-placement, or conditional discharge.228 The judge may not revoke an order unless (a) the court has found that the respondent [juvenile] has violated a condition of such order; and (b) the respondent [juvenile] has had an opportunity to be heard.229 If the judge revokes the order, a different disposition will be ordered, such as OCFS placement. If the order is continued, the petition of violation is dismissed.230 Juveniles have the right to appeal the decision of the court.231
Determinate Sentence - A court imposed sentence to incarceration set as a maximum term. The sentence includes a mandatory term of post-release supervision. Individuals serving this type of sentence are eligible for Conditional Release. Exhibit 17:Indeterminate & Determinate Sentences Indeterminate Sentence - A court imposed sentence to incarceration set as a minimum and a maximum term. Individuals serving this type of sentence are eligible for Parole release consideration.
Early Release from Custody Release Options

Juveniles who are sentenced to a term of placement may be eligible for early release from custody through parole, conditional or presumptive release.232 Juvenile and Youthful Offenders who receive an indeterminate sentence are eligible for parole or presumptive release; Juvenile and Youthful Offenders and Juvenile Delinquents sentenced to either indeterminate or determinate terms are eligible for conditional release (see exhibit 17).233 Upon completion of serving the minimum term of an indeterminate sentence juveniles are eligible for release consideration by the Board of Parole (Board) (see exhibit 18).234
Exhibit 18: Board of Parole The Board of Parole is a 19member body who make determinations for the discretionary release of incarcerated individuals serving indeterminate sentences. When a release is granted, the Board sets conditions that must be followed during the parole term. Board members are appointed by the Governor and confirmed by the Senate to serve six-year terms.
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Juveniles may be eligible for consideration by the Board earlier if they meet the criteria for Merit Time (see exhibit 19).236 If the juvenile meets all of the criteria, s/he may be granted Merit Time equal to one-sixth of the minimum sentence. The Merit Time credit is applied to the minimum term, when the
Exhibit 19: Merit Time Eligibility To be eligible for Merit Time, juveniles must: 1. Successfully complete a work or treatment program; 2. Accomplish one of the following while in custody: a. earn a GED; b. acquire an ASAT certificate; c. earn a Vocational Trade Certificate after six months of vocational programming; or d. perform 400 hours of community service on a work crew. 3. Not be serving a term for any of the following offenses: a. a non-drug A-1 felony offense; b. violent felony offense; c. manslaughter 2nd degree; d. vehicular manslaughter 1st degree; e. criminally negligent homicide; f. penal law articles 130 and 263 offenses; or g. incest. 4. Have not: a. received a serious disciplinary infraction; b. initiated a frivolous lawsuit; or c. had sanctions impose against him/her under Rule 11 of the Federal Rules of Civil Procedure for litigation that s/he commenced against the state or its employees.235
juvenile reaches the end of the calculated term they will be eligible for Parole Board Interview.237 The Parole Board Interview must take place at least one month prior to the expiration of the minimum term.238 If a juvenile meets the criteria for Merit Time and has not previously been convicted for any of the disqualifying offenses, DOCS or OCFS may grant him/her Presumptive Release.239 The juvenile may be entitled to Presumptive Release after serving five-sixths of the minimum term.240 Juveniles do not have to appear before the Board for this type of early release. However, the conditions of release are set by the Board of Parole and s/he will be supervised by a Parole Officer.241 Juvenile and Youthful Offenders serving either an indeterminate or a determinate sentence may be eligible for Conditional Release when the total earned good time (earned credit for good institutional behavior) is equal to the unserved portion of their maximum sentence.242 Juveniles serving an indeterminate term, who have not been released by the Parole Board after
Table 4: Example Release Eligibility Calculation Type of Release Required Term Eligible for Release 730 days to 1460 days Indeterminate Sentence (2 years to 4 years) Parole Board Interview Minimum Sentence 730 days Merit Time 5/6 of Minimum Sentence 608 days Presumptive Release 5/6 of Minimum Sentence 608 days Conditional Release 2/3 of Maximum Sentence 973 days Determinate Sentence 1460 days (4 years) Conditional Release 6/7 of Maximum Sentence
1251 days
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reaching their minimum term, are eligible for Conditional Release after serving two-thirds of their maximum sentence. Juveniles serving a determinate term are eligible after serving six- sevenths of the sentence. To receive Conditional Release juveniles must request their release, agree in writing to all conditions set, and abide by all conditions until they reach their maximum sentence date. Juveniles who have lost any amount of good time credit are not eligible for Conditional Release. Conditional Release is statutorily granted to inmates, therefore juveniles do not need to appear before the Board of Parole.243 Juvenile Delinquents are eligible for Conditional Release when OCFS deems it to be in the juveniles best interest and there is a reasonable probability that public safety will not be jeopardized. If granted Conditional Release, juvenile delinquents remain under OCFS supervision in aftercare programs until the expiration of the term of ordered placement.244 For eligible juveniles, the Board of Parole makes release decisions based on the severity of the crime and their past criminal history.245 The Board utilizes guidelines, based on offense category and offender history, to determine the time to be served before release.246 Each candidate for parole is scored based on the crime of conviction and actual conduct to determine severity, and prior criminal history.247 Using a matrix, the Board determines the total number of months to be served indicated where severity (1-9) and prior criminal history (0-11) scores intersect.248 For example, a juvenile whose offense severity score is 6 and prior criminal history score is 1 would be required to serve 22 to 40 months prior to eligibility.249 Guidelines are not binding to allow the Board to consider mitigating and aggravating circumstances.250 In addition to the severity and history scores, the Board considers institutional adjustment (i.e. training, therapy, and/or 37
educational program participation); performance in temporary release programs; availability of release plan services;251 and victim impact statements.252 Based on the guidelines, release will be granted if the Board determines that there is a reasonable probability that upon release the juvenile will not re-offend, the release will not jeopardize public safety; and release will not deprecate the seriousness of [the] crime as to undermine respect of the law.253 Prior to release, the juvenile must attempt to obtain employment or enroll in an education program or other program recommended by the Board.254 Prior to release a parole decision may be reconsidered or rescinded in the event new information is provided to the Board that would have influenced its original decision; or significant case developments (i.e. escape, imposition of an additional sentence).255 To reconsider a granted release date, the Board will hold a recession hearing.256 If the Board finds the evidence forms a basis for rescinding the grant of release, the Board may (i) rescind and set a reconsideration date; or (ii) rescind and set a new release date.257 If parole is not granted, the Board must provide in writing reasons for denial within two weeks following the hearing. The Board will set a date for reconsideration within 24 months.258
Post-Release Supervision Juvenile Offenders and Youthful Offenders
If a Juvenile or Youthful Offender is released under any of the early release options, s/he will be supervised by a Parole Officer until s/he reaches the maximum imposed sentence date.259 The New York State Division of Parole provides parole supervision services throughout the state.260 The juvenile will be assigned a Field 38
Parole Officer who will act as a caseworker, assisting him/her with reintegration into the community and coordinating service delivery. Parole Officers report parolee progress to the Board of Parole.261 These release options are conditional, if a juvenile violates one or more of the conditions, a violation hearing may take place and s/he can be re-sentenced to a term of placement or prison.262 The juvenile must abide by all conditions, such as: remaining in the state unless granted permission; residence and work inspections by the Parole Officer; avoiding interaction with known convicted criminals; and not using or possessing drugs.263 If the Parole Officer finds evidence that any conditions may have been violated, a parole violation warrant will be issued, and the juvenile will be apprehended and detained.264 The juvenile will be served a Notice of Violation indicating the hearing process and his/her rights and a Violation of Release Report detailing the condition(s) allegedly violated.265 The juvenile will then appear for a Preliminary Hearing,266 within 15 days of execution of the warrant,267 where a Preliminary Hearing Officer 268 will determine if there is probable cause to believe a violation has occurred.269 If probable cause is found, a Final Hearing will take place, within 90 days, 270 where the Division of Parole must prove, to the presiding Parole Board Member or Final Hearing Officer,271 by a preponderance of the evidence that the juvenile violated at least one of the conditions in an important respect.272 The juvenile has the right to counsel273 at this point and may present mitigating factors and evidence supporting alternatives to reincarceration.274 If the juvenile is convicted of a new crime while under parole supervision, s/he loses the right to a Preliminary Hearing. If convicted of a misdemeanor the juvenile will receive a Final Hearing. If the juvenile is convicted
16
total number of parole violators admitted to OCFS in CY2008275
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of a felony, his/her parole will be revoked without a Final Hearing.276 At the conclusion of the hearing, the Parole Board Member or Final Hearing Officer will make a decision to either revoke or modify release, or dismiss the violation.277 If parole is revoked, the Board will determine how long the violator will be confined, and set a date for re-release consideration.278 For example, for a category one (the most severe original crime) violator, the time assessment will be a minimum of 15 months or the expiration date of the original maximum sentence, whichever is less.279 Under certain circumstances, the Board may restore a violator to supervision with special conditions.280 In the event of parole revocation, the parole violator may be eligible for re-release after the completion of the delinquent time assessment imposed.281 The Board will re-consider the violators re-release in the event s/he violates facility rules; experiences a significant change in his/her mental or emotional state; was arrested or convicted of a new felony subsequent to the final revocation hearing; or there is information indicating the juvenile is not suitable for release (i.e. has demonstrated self-destructive or threatening behavior).282 If not identified as presenting any of these exceptions, two months prior to the expiration of the time assessment imposed, the Board will consider re-release without a personal interview. At this time, the Board may order re-release to supervision after the expiration date; after a satisfactory release program is developed and approved; or conduct a personal interview.283 A juvenile may appeal any Board of Parole decision.284
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Juvenile Delinquents
Juvenile Delinquents are released to aftercare programs run by OCFS or contracted agencies.285 If a youth worker from the aftercare program finds evidence that the juvenile delinquent has violated a condition of release s/he may initiate release revocation proceedings by documenting the reasons the juvenile should be returned to custody and details of what condition(s) were violated.286 This report must be endorsed by the youth workers immediate supervisor and forwarded to the OCFS director of community services bureau.287 Based on the report, the director of community services bureau will determine if it is in the best interest of the juvenile that the release program be continued or modified; the juvenile be referred to Family Court for consideration of a new placement; or the juvenile should be returned to a state training school.288 If the director determines that the juvenile be returned to an OCFS facility, s/he must document the grounds the recommendation for revocation is based on and request the office of the counsel hold a revocation hearing.289 At this point, the director of community services will direct an employee to apprehend the juvenile and return him or her to custody. If the director believes the juvenile does not require confinement to ensure appearance at the hearing the juvenile may remain in the community.290 The revocation hearing must be held within 20 days of notice.291 An OCFS attorney will act as the hearing officer.292 At the hearing both sides may present evidence in support and defense of the allegations.293 At the conclusion of the hearing, the hearing officer will issue a decision determining whether the releasee has knowingly violated any of the conditions of his [or her] release as alleged.294 If the hearing officer finds substantial evidence supporting the allegations, revocation of release will be ordered. If substantial evidence is not found, the juvenile will be returned to aftercare supervision.295 In the event of revocation, notice must be sent to the Family Court.296 A juvenile may waive the right to a hearing by voluntarily returning to custody.297 41
Exhibit 20: Alternative Courts The New York State Unified Court System has collaborated with the Center for Court Innovation, a nonprofit think tank, to create demonstration projects that test alternative approaches to criminal justice. This collaboration has created several juvenile courts throughout New York City that address issues such as domestic violence, low-level crime, and drug and property offenses. These courts work to hold youths accountable and link them to services that address the underlying causes that brought them before the court. Brooklyns Youthful Offender Domestic Violence Court298 Brooklyn Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201 347-404-9400 Youths aged 16 to 19 charged with misdemeanor domestic violence in Brooklyn may have their cases heard in the Youthful Offender Domestic Violence Court. Prior to arraignment, the District Attorneys Office screens cases to determine eligibility. Following arraignment, the case is adjourned to the Youthful Offender Domestic Violence Court where a specialized judge, assistant district attorney, and court staff take over the case proceedings. Offenders who appear in the court can be mandated by plea to social services including a 12-week program for teen batterers. Offenders report back to the court regularly for judicial compliance reviews. In addition to providing services to offenders, a teen victim advocate, employed by the District Attorneys Office, works to link victims to social services. Red Hook Community Justice Center299 88 Visitation Place, Brooklyn, NY 11231 718-923-8280 The Red Hook Community Justice Center operates a Youth Court for 10 to 18 year olds arrested for low-level offenses including vandalism and fare evasion. Youths who are arrested and admit guilt in Brooklyns 72nd, 76th, and 78th precincts are referred to the Youth Court. The court is presided by local teenagers who are trained to act as judge, jury, and attorneys. At the conclusion of the hearing, the judge and jury impose a sanction such as community service, skill building workshops, and/or letters of apology. The court hears over 130 cases a year.
Staten Island Youth Justice Center300 120 Stuyvesant Place, Staten Island, NY 10301 718-679-9410 The Staten Island Youth Justice Center operates a Youth Court for youths under age 18 who commit low-level nonviolent offenses. Cases are referred by the NYC Department of Probation or NYPD Officers as
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a diversion from court or arrest. Youth receive an adjournment in contemplation of dismissal (ACD) and participate voluntarily after acknowledging responsibility for the offense. Local teenagers serve as judge, advocates and jurors and impose an appropriate sanction incorporating restorative justice principals. The Youth Court trains 40 teens and handles 120 cases per year.
Harlem Community Justice Center301 170 East 121st Street, New York, NY 10035 212-360-4110 The Harlem Community Justice Center operates two alternative juvenile courts for youths engaged in delinquent behavior in East and Central Harlemthe Youth Court and the Juvenile Intervention Court. The Harlem Youth Court is a peer-led justice approach for juveniles that engage in low-level offenses such as shoplifting, public drinking, and truancy, and are referred by the police, probation, or local schools. The court is presided over by local teenagers who are trained to act as judge, jury, and attorneys. The youths who serve on the Youth Court are articulating and enforcing standards of acceptable behavior for the juveniles who appear before them. At the conclusion of the hearing, the judge and jury impose a sanction such as community service, anger management, and/or letters of apology. The goal of the sanction is to encourage the juvenile to take responsibility for their actions and to acknowledge how their behavior undermines the local quality of life and their individual future. The Harlem Juvenile Intervention Court is part of the New York City Family Court system. The Court handles youths arrested for non-violent drug and property offenses. When a youth is arrested for one of these offenses in the Harlem area, they may be interviewed by a Probation Officer at the Justice Center to determine eligibility. If the Probation Officer determines the youth is eligible, a complete assessment is conducted by Court staff gathering information on the youths history of drug use, school problems, peer and community influences and family dynamics. The case is heard before a New York City Judge who may impose a sanction including treatment or community service. On-site case managers work with the family and the court to provide wrap-around services that address identified needs. Throughout the completion of the imposed sentence the judge monitors the youths progress in an effort to increase accountability. The judge may respond to misconduct or noncompliance or reward compliance by implementing a graduated sanction including increasing or decreasing the frequency of court appearances or changing curfew times.
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B. Continuum of Services
At each decision point of the juvenile justice system a variety of programs exist as either diversion mechanisms or intervention options. This section highlights many of the available programs offered to courtinvolved youths throughout New York City.
FIGURE 3: Juvenile Justice System Continuum of Services Pre-Adjudication Adjustment Release to Parent Alternative-toDetention Programs Non-Secure Detention Secure Detention
Least Restrictive ACD Conditional Discharge Probation Probation with Intensive Services Alternative-toPlacement Programs
Most Restrictive Placement
Dispositions
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Pre-Adjudication Intake Adjustment

Program Description
The Department of Probation, at its discretion, may adjust a case after intake upon receiving consent from the complainant. During the adjustment process, the Probation Officer works with the parties involved to resolve the case outside of court. This process is authorized for a period of 60 to 120 days. During this period the Department of Probation supervises the juvenile and ensures the juvenile adheres to certain requirements such as community service and/or restitution.
Eligibility Requirements / Target Population

Arrested youths who are not a risk to public safety.
Counties / Courts Served

All NYC counties.
Program Capacity
No limit. In FY2009, 3,258 cases (28% of all intakes) were diverted from court through adjustment.302
Release to Parent Initiative

Program Description
The Department of Juvenile Justices (now ACS) Release-to-Parent Initiative seeks to divert low-risk youths from further involvement with the justice system by releasing them to their families with a Family Court Appearance Ticket.303

Youths who are brought to Bridges Juvenile Center for intake are assessed by intake staff. Staff review the juveniles charges and prior court involvement to determine eligibility for release. If found eligible, intake staff contact the youths guardian to coordinate their release.

All NYC counties.
Program Capacity
Between October 2007 and April 2008, 1,378 youths were screened for possible release, of those 256 were found eligible. Of the 256 youths eligible for release, 31% were sent home. The most common reason eligible youths were not released is that their parent or guardian could not be reached.304
Contact
Organization did not provide. 46
Detention305
New York City Secure Detention Bridges Juvenile Center 1221 Spofford Avenue Bronx, NY 10474 Donna Locke, Executive Director 718-764-2754 Horizon Juvenile Center 560 Brook Avenue, Bronx, NY 10455 Eduardo Marcial, Executive Director 718-292-0065 ext. 149 Crossroads Juvenile Center 17 Bristol Street, Brooklyn, NY 11212 Migdalia Aldea, Executive Director 718-495-8160 ext. 183 Episcopal Social Services New Bridge 2604 Davidson Avenue Bronx, NY 10468 Jermaine Miller, Facility Director 718-329-9943 Episcopal Social Services New View 3620 Marolla Place, Bronx, NY 10466 Jermaine Miller, Facility Director 347-920-4071 Girls/Boys Town Bergen St 535 Bergen Street, Brooklyn, NY 11217 Prescott Benson, Facility Director 718-636-2130 Girls/Boys Town Dean St 525 Dean Street, Brooklyn, NY 11217 Barbara Youyoute, Acting Facility Director 718-636-3110 Girls/Boys Town Marolla 3675 Marolla Place, Bronx, NY 10466 Carolyn Slade, Facility Director 718-653-9586 Good Shepherd Services Mandela House 2207 University Avenue Bronx, NY 10453 Robert Taylor, Facility Director 718-561-0251 Good Shepherd Services Barbara Blum 262 9th Street, Brooklyn, NY 11215 Angela Williams, Facility Director 718-832-5737 Good Shepherd Services Peter J Sharp House 1315 Plimpton Avenue Bronx, NY 10452 Donald Cofield, Facility Director 718-293-9091 Lutheran Social Services Clinton Ave 521 Clinton Avenue Brooklyn, NY 11238 Lindsay Brown, Facility Director 718-789-2911 47
New York City Non-Secure Detention Beach Avenue 1 1101 Beach Avenue, Bronx, NY 10472 John Brooks, Facility Director 718-597-3842 Beach Avenue 2 1103 Beach Avenue, Bronx, NY 10472 John Brooks, Facility Director 718-597-3842 145th Street 419 W. 145th Street New York, NY 10031 Janet Gordon-Small, Facility Director 212-690-0410 Catholic Guardian Society Bronx 743 E. 243rd Street, Bronx, NY 10470 Michael Vaz, Facility Director 718-994-6545 Catholic Guardian Society Brooklyn 3402 Claredon Road Brooklyn, NY 11203 Sekou Smith, Facility Director 718-856-3052
New York City Non-Secure Detention (continued) Outreach Haven 4353 Robinson Street Flushing, NY 11355 Geraldine Silva, Facility Director 718-358-6300 Salvation Army Lenox House 131 W. 132nd Street New York, NY 10027 Anisa Kline, Facility Director 212-926-1236 St. Johns Richmond Hill Residence 13020 107th Avenue S. Richmond Hill, NY 11419 Michael Doctor, Facility Director 718-843-7455
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Alternatives to Detention and Aftercare Alternative-to-Detention Program

Program Description
The Department of Probations Alternative-to-Detention (ATD) Program offers three levels of supervision with a focus on maintaining the youths ties to the community by utilizing local services and continuing school enrollment. The ATD program provides a continuum of supervision consisting of community monitoring, after-school supervision, and intensive community monitoring in which youths are placed based on performance. The community monitoring and after-school supervision levels are provided by nonprofit agencies in each county and the Department of Probation supervises youths on intensive community monitoring. Each level of supervision consists of the following components: x Community Monitoring monitor school attendance and curfew; home visits; facilitation of attendance at court; After-School Supervision the services provided under community monitoring; and educational and counseling services for up to five days a week including: x group and individual counseling; x educational assistance; x anger management; x conflict resolution; and x recreational activities. Intensive Community Monitoring frequent school and home visits; parental conferences; telephone check-ins; curfew monitoring; counseling; and referrals for court-ordered services.
Supervisors monitor the performance of each youth to determine if s/he is eligible to transition to a higher or lower supervision level, or should be referred back to Family Court for reconsideration of detention.306 (see figure 4)

Youths are screened for the program by the Department of Probation who utilize the Risk Assessment Instrument (RAI) developed by the Vera Institute of Justice. The RAI is an objective risk assessment tool that produces a score to assess a youths risk of failure to appear in court and risk of re-arrest prior to court appearance. Based on several factors including prior history, school engagement, and current offense, a risk-level score is generated of low, moderate, or high. Youths who score in the moderate-risk range are recommended for the ATD program. Low-risk youths are recommended for release and high-risk youths are recommended for detention. The RAI offers the judge objective information to assist in the detention decision. The results of the RAI are in no way bindingthe judge maintains full discretion over the placement of the youth.307
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The ATD Program serves all NYC counties.
Program Capacity
It is anticipated that the program, which began in 2007, will serve up to 1,800 youths annuallyapproximately 600 youths on community monitoring and after-school supervision and 600 youths on intensive community supervision.
Contact
Bronx County: Urban Youth Alliance Bronx Connect Patricia Riley, Director of Bronx Connect at 718-402-6872 or pat_bc@uyai.org Kings County: Center for Community Alternatives Choices Unlimited Cadija Tibbs, Court Services Manager at 212-691-1911 or ctibbs@communityalternatives.org Tiffany Sheriod, Project Director of After School Program at 718-858-9658 ext. 217 or tsheriod@communityalternatives.org New York County: CASES Choices Joseph McLaughlin, Director of Youth Programs at 212-553-6650 or jmclaughlin@cases.org Richmond County: Center for Court Innovation Project READY Melissa Gelber, Project Director at 718-679-9410 or mgelber@courts.state.ny.us Queens County: Center for Court Innovation QUEST David Long, Project Director at 718-233-4014 or longd@courtinnovation.org NYC Department of Probation Kings Juvenile Services 718-802-2556 Queens Juvenile Services 718-657-4385 Bronx Juvenile Services 718-590-3180 Manhattan Juvenile Services 212-676-8521
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FIGURE 4: ATD Program Continuum of Supervision Services308
Appearance Notification and Family Outreach Only

School attendance monitoring, curfew checks, home check-ins Target: Moderate risk youth (low to mid range) Expected Volume: 600 releasees Expected Volume: 600 releasees Target: Moderate risk (mid to high range) Community-based after -school programs, on-site services, and service referrals available
Community Monitoring
Participant authorized to attend school and court-ordered programs; frequent curfew checks, home visits, and phone check-ins; "contract" agreement with parent/guardian Target: Moderate risk (high range) Expected Volume: up to 150 releasees per borough
After-School Supervision
Intensive Community Monitoring
Non-Secure Detention
Secure Detention
A less restrictive alternative to secure detention, NSD provides structured residential care for youth with cases in Family Court . Target: High risk (low range)
Facilities serve both alleged JDs and JOs and provide a level of security that ensures the juvenile's appearance in court and protects the community from reoffending
Court appearance notification and an initial outreach meeting with parent/guardian to explain the court process and the importance of attendance at all court dates
Target: High risk (high range)
Target: Low risk youth
Juveniles can be moved up or down the continuum based on performance
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Youth Advocacy Project

Program Description
The Center for Community Alternatives offers the Youth Advocacy Project (YAP) a community-based intensive supervision alternative-to-detention program for Juvenile Offenders. YAP provides supervision and case management services for up to one year pending sentencing. Participants receive services including: monthly progress reports; supervision of school attendance and school visits; curfew monitoring; referrals to communitybased services; home visits; random drug testing; HIV/AIDS prevention and education services; life skills workshops; family therapy; parent support workshops; educational and vocational counseling; referrals to community service placement; and transportation fare to-and-from the program.

YAP is available for youths ages 12 to 16 who have been charged with a felony offense committed prior to their 16th birthday and are detained at a juvenile detention center.

YAP serves all NYC counties.
Program Capacity
YAP serves approximately 60 youths per year.
Contact
Cadija Tibbs, Court Services Manager at 212-691-1911 or ctibbs@communityalternatives.org Rukia Lumumba, Assistant Director of Youth Services at 718-858-9658 ext. 214 or rlumumba@communityalternatives.org http://www.communityalternatives.org/programs/YAP.html
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Uth Turn Program

Program Description
The Fund for Community Leadership, Inc. operates the Uth Turn Program an alternative-to-detention program for youths ages 13 - 21. The program seeks to improve school attendance and academic performance, improve family relationships, and promote leadership. Uth Turn offers mentoring, group and individual counseling, family involvement, and positive peer interaction and healthy personal associations, to achieve its objectives.

Uth Turn is available for pre-trial youths ages 13 to 21.

Uth Turn serves all NYC counties.
Program Capacity
Uth Turn plans to serve 300 youths in 2009-10.
Contact
Rev. Dr. C. Vernon Mason, Chief Executive Officer at 212-870-1237 or cvmason@nyts.edu
http://www.uth-turn.org/home.htm
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Collaborative Family Initiative

Program Description
The Department of Juvenile Justices (now ACS) Collaborative Family Initiative provides discharge planning for detained youths with mental health needs. The program assists youths with enrollment in community psychiatric services prior to release from the detention facility. This voluntary program requires family consent and participation. Staff work with the family to enroll the youth in the most appropriate community-based organization (CBO) to acquire services. While the youth is still in detention the CBO assess the needs of the family and the youth. Services are provided for up to 90 days and are not contingent on disposition of the case.

The Collaborative Family Initiative is available on a voluntary basis to youths detained in NYC secure or non-secure detention facilities who have been identified as having mental health needs.

Collaborative Family Initiative serves all NYC counties.
Program Capacity
Organization did not provide.
Contact
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LIFE Transitions Program

Program Description
The LIFE Transitions Program is offered to youths who are returning to the community from detention. An aftercare program, the LIFE Transitions Program provides life skills instruction inside Crossroads and Horizons detention facilities and transitional planning services within the community upon release. This voluntary program provides services for a minimum of 90 days including: school re-enrollment and engagement; continuation of all services received within detention; mental health treatment referrals; substance treatment referrals; vocational training referrals and placement assistance; educational support referrals; family reunification services; life skills workshops; HIV/AIDS prevention and education services; referrals to community-based services; and transportation fare to-and-from the program.

Youths returning to the community from Crossroads and Horizons detention facilities who have participated in at least one workshop while detained.

LIFE Transitions serves all NYC counties.
Program Capacity
Transitional planning is provided to approximately 90 youths per year at each of the two sites.
Contact
Crossroads Juvenile Center Program Center for Community Alternatives: Delores Moody, Program Coordinator at 718-858-9658 ext. 213 or dmoody@communityalternatives.org Rebekah Heilman, Director of Youth Services at 718-858-9658 ext. 215 or rheilman@communityalternatives.org http://www.communityalternatives.org/programs/lifeTransitions.html Horizons Juvenile Center Program Good Shepherd Services: Kerrie Thompson, Group Living Director at 212-475-4245 ext. 710 http://www.goodshepherds.org/
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Dispositions Placement
OCFS RECEPTION CENTERS Ella McQueen Reception Center for Boys 41 Howard Avenue Brooklyn, NY 11221-4015 Rich Trudeau, Director 718-574-2060 Boys Facility, in Kings County Tryon Girls Reception Center 881 County Route 107 Johnstown, NY 12095 Anita Sapio, Director 518-762-4681 Girls Facility, in Fulton County Tryon Girls Center 881 County Highway 107 Johnstown, NY 12095-3771 Anita Sapio, Director 518-762-2331 Girls Facility, in Fulton County
OCFS LIMITED SECURE FACILITIES Highland Residential Center 629 North Chodikee Lake Road Highland, NY 12528-2726 Farooq Mallick, Director 845-691-6006 Boys Facility, in Ulster County Industry Residential Center 375 Rush-Scottsville Road Rush, NY 14543-9504 Alvin Lollie, Director 585-533-2600 Boys Facility, in Monroe County Finger Lakes Residential Center 250 Auburn Road Lansing, NY 14882-9088 Rodney White, Director 607-533-5000 Boys Facility, in Tompkins County Sgt. Henry Johnson Youth Leadership Academy 57081 State Highway 10 South Kortright, NY 13842-0132 Rueben Reyes, Director 607-538-1401 Boys Facility, in Delaware County Taberg Residential Center 10011 Taberg-Florence Road RR 1, Box 139 Taberg, NY 13471-7735 Richard Hogeboom, Acting Director 315-245-0084 Boys Facility, in Oneida County
OCFS SECURE FACILITIES Brookwood Secure Center PO Box 265 or 419 County Rt 29 Claverack, NY 12513-0265 E. Patrick Sullivan, Director 518-851-3211 Boys Facility, in Columbia County Goshen Secure Center 97 Cross Road Goshen, NY 10924-9998 Bobby Ray Smith, Director 845-615-3000 Boys Facility, in Orange County Industry Secure Center 101 Ryder Hill Road Rush, NY 14543-9535 Alvin Lollie, Director 585-533-2800 Boys Facility, in Monroe County MacCormick Secure Center 300 South Road Brooktondale, NY 14817-9723 Joseph Maffia, Director 607-539-7121 Boys Facility, in Tompkins County 56
Tryon Residential Center 881 County Highway 107 Johnstown, NY 12095-3771 Joseph Impicciatore, Director 518-762-4681 Boys Facility, in Fulton County Tryon Girls Center 881 County Highway 107 Johnstown, NY 12095-3771 Anita Sapio, Director 518-762-2331 Girls Facility, in Fulton County
Harriet Tubman Residential Center 6706 Pine Ridge Road Auburn, NY 13021-8781 315-255-3481 Brenda Aulbach, Director Girls Facility, in Cayuga County Lansing Residential Center 270 Auburn Road Lansing, NY 14882-8944 Annette Larrier, Director 607-533-4262 Girls Facility, in Tompkins County Middletown Residential Center 393 County Road 78 Middletown, NY 10940-6842 Stephen Langbein, Acting Director 845-342-3936 Boys Facility, in Orange County Red Hook Residential Center 531 Turkey Hill Road Red Hook, NY 12571-9440 Edward Figueroa, Director 845-758-4151 Boys Facility, in Dutchess County Southern NY Residential Center 170 East 210th Street Bronx, NY 10467-9995 Joesph Dennison, Director 718-798-6660 Boys Facility, in Bronx County Staten Island Residential Center 1133 Forest Hill Road Staten Island, NY 10314-6396 Faye Lewis, Director 718-761-6033 Girls Facility, in Richmond County
OCFS NON-SECURE / NON-COMMUNITY BASED FACILITIES Allen Residential Center 56957 State Highway 10 South Kortright, NY 13842-0018 Ruben Reyes, Director 607-538-9121 Boys Facility, in Delaware County Annsville Residential Center Rural Route 1 10011 Taberg-Florence Road Taberg, NY 13471-9735 Richard Hogeboom, Director 315-245-1720 Boys Facility, in Oneida County Brentwood Residential Center 1230 Commack Road Dix Hills, NY 11746-8215 Sandra Bryce, Director 631-667-1188 Girls Facility, in Suffolk County Brooklyn Residential Center 1125 Carroll Street Brooklyn, NY 11225-2202 Valerie Fitts, Director 718-773-2041 Girls Facility, in Kings County
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OCFS NON-SECURE FACILITIES COMMUNITY RESIDENTIAL HOMES Staten Island Community Residential Home 211 Holden Boulevard Staten Island, NY 10314-6313 Faye Lewis, Director 718-773-2043 Girls Facility, in Richmond County
OCFS NON-RESIDENTIAL Sgt. Henry Johnson City Challenge 272 Jefferson Avenue Brooklyn, NY 11216-1702 Ruben Reyes, Director 718-638-2525 or 2510 Co-Ed Facility, in Kings County
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Alternatives to Placement and Aftercare
Conditional Discharge
Program Description
A judge may sentence a juvenile to Conditional Discharge for up to one year, if the court finds neither the public interest nor the ends of justice would be served by a placement and that probation supervision is not appropriate.309 The court may order conditions including but not limited to: (a) attend school regularly and obey all rules and regulations of the school; (b) obey all reasonable commands of the parent or other person legally responsible for the respondents [juvenile] care; (c) abstain from visiting designated places or associating with named individuals; (d) avoid injurious or vicious activities; (e) cooperate with a mental health, social services or other appropriate community facility or agency to which the respondent [juvenile] is referred; (f) make restitution or perform services for the public good; (g)attend and complete an alcohol awareness program; (h) comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement310

Low or moderate risk juveniles or those deemed appropriate by the court are eligible for conditional discharge.

All NYC counties.
Program Capacity
No limit.
Adjournment in Contemplation of Dismissal

Program Description
At any time prior to the entering of a finding and with consent of the juvenile, the court may order the proceeding be adjourned in contemplation of dismissal for up to six months.311 The court will release the juvenile with terms and conditions to follow to achieve dismissal of the case. Such terms and conditions may include: probation supervision; and/or cooperation with a mental health, social services or other appropriate community facility or agency.312

Low-risk juveniles or those deemed appropriate by the court.

All NYC counties.
Program Capacity
No limit.
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Probation Supervision
Program Description
The Department of Probation provides supervision and case management for juvenile delinquents for up to two years. Each youth is assigned a Probation Officer who develops a reporting schedule and a treatment plan based on their individualized needs, which may include referrals to community-based treatment. Probation Officers monitor the youth at home, school and in the community to ensure compliance with the conditions of probation. If a youth does not comply with the conditions of probation, a violation will be filed and the youth is returned to court.

All court-involved youths are eligible.

Probation serves all NYC counties.
Program Capacity
In FY2008, 2,281 juveniles were on probation supervision. Caseloads are capped at 55 cases per officer.
Contact
Kings Juvenile Services 718-802-2556 Queens Juvenile Services 718-657-4385 Bronx Juvenile Services 718-590-3180 Manhattan Juvenile Services 212-676-8521 Staten Island Juvenile Services 718-556-4000 http://www.nyc.gov/html/prob/html/programs/juvenile_services.shtml
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Enhanced Supervision Program

Program Description
The Department of Probations Enhanced Supervision Program (ESP) provides intensive community-based family-centered supervision to juvenile delinquents. This program is intended to divert from placement youths who do not pose a threat to community safety. Probation Officers maintain low caseloads to allow for frequent supervision and communication with the youths school and family. The program focuses on the development of the youths sense of accountability and responsibility through participation in community service. Each youth is required to perform 60 hours of community service. Youths on ESP may be transitioned to traditional probation supervision based on performance. A typical term of ESP is nine months.

Youths who do not pose a threat to community safety but require more intensive supervision than traditional probation.

ESP serves all NYC counties.
Program Capacity
In CY2008, 633 juveniles were sentenced to ESP. Caseloads are capped at 25 cases per officer.
Contact
Kings Juvenile Services 718-802-2556 Queens Juvenile Services 718-657-4385 Bronx Juvenile Services 718-590-3180 Manhattan Juvenile Services 212-676-8521 Staten Island Juvenile Services 718-556-4000 http://www.nyc.gov/html/prob/html/programs/juvenile_services.shtml
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Esperanza
Program Description
Esperanza is a multi-faceted organization dedicated to youths, families, and communities. In partnership with the NYC Department of Probation, and other agencies involved with the juvenile justice system, Esperanza is exploring ways to safely reduce reliance on out-of-home placement for youths who are adjudicated delinquent in the family court system. Esperanza provides comprehensive services to youths and their families during the four to six months that they are in the program. This includes an intensive treatment intervention that provides therapeutic services in the home, including individual and family counseling, as well as ongoing case and crisis management. From the start of the program, the young person and family members work with Esperanza staff to develop goals that build on personal and family strengths, as well as addressing areas they would like to change.

Youths are referred to the program directly by Family Court as part of the Exploration of Placement process.

Esperanza serves all NYC counties.
Program Capacity
Esperanza has capacity to serve 216 youths per year.
Contact
646-278-2000 Jenny Kronenfeld, Executive Director Patricia Ortiz, Clinical Director Casey Eiseman, Project Manager http://www.esperanzany.org/
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Bronx Juvenile Accountability Court

Program Description
Bronx Community Solutions operates the Juvenile Accountability Court as an alternative-to-placement program for placement-bound juvenile delinquents adjudicated in Bronx Family Court. Juveniles are mandated to 12 to 24 months of intensive probation supervision and participate in the Court program. Through the program the juvenile participates in community service projects (i.e. graffiti removal) and educational workshops over 10 week cycles. The Court links the juvenile and his/her family to community-based services and monitors compliance through frequent court appearances.

Bronx Family Court placement bound juvenile delinquents

Bronx Family Court
Program Capacity
Contact
Organization did not provide. http://courtinnovation.org/
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Juvenile Justice Initiative

Program Description
The Administration for Children Services provides the Juvenile Justice Initiative as an alternative-to-placement and aftercare service for juvenile delinquents. The Initiative is comprised of two programs: the Alternative-toPlacement Program and Intensive Preventive Aftercare Services. These programs operate to reduce the number of youths in placement facilities; decrease lengths of stay for youths in placement; reduce recidivism; and improve individual and family functioning. Through the program, youths are diverted to evidence-based family therapy programs including Multidimensional Treatment Foster Care, Functional Family Therapy, and Multisystemic Therapy. These therapeutic models focus on engaging the entire family to address the issues that brought the youth into the juvenile justice system and strengthen the familys capacity to support positive changes.

The Juvenile Justice Initiative is available for placement-bound juvenile delinquents with prior ACS involvement.

The Juvenile Justice Initiative serves all NYC counties.
Program Capacity
The Juvenile Justice Initiative will serve approximately 350 youths in the Alternative-to-Placement Program and 150 youths in the aftercare program per year.
Contact
Schanequa Knight at 212-341-0978 or schanequa.knight@dfa.state.ny.us http://www.nyc.gov/html/acs/html/support_families/juvenile_justice.shtml
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Adolescent Portable Therapy

Program Description
Adolescent Portable Therapy (APT) is an intensive in-home treatment program designed to provide substance abuse and mental health services for system-involved adolescents. APT is licensed by the NYS Office of Alcoholism and Substance Abuse Services as an outpatient provider. The program typically lasts about four months, during which Masters level therapists make weekly visits to the home, providing a combination of individual and family counseling sessions, as well as supportive case management.

The target population of APT is system-involved youths who have substance abuse and/or mental health treatment needs. There are no age or charge restrictions. APT currently accepts referrals from: y the Bronx and Brooklyn Family Assessment Program (FAP) offices; y Brooklyn Family Court as a PINS diversion option; and y the Office of Children and Family Services for youths re-entering their communities after an out-of-home placement for a Family Court offense. Referrals must be made by the staff of these various agencies, with the exception of the Brooklyn PINS project. Any party involved in a Brooklyn PINS court case can make a referral to APT.

APT serves all NYC Family Courts.
Program Capacity
APT maintains an average capacity of 50 clients at a time. During FY2008, APT served 208 clients.
Contact
Krista Larson, Associate Director at 212-376-3110 or klarson@vera.org http://www.vera.org/project/adolescent-portable-therapy
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Smart Choices
Program Description
The Center for Community Alternatives offers the Smart Choices Program, a community-based leadership development training program for youths under probation supervision. The program runs from September through June and tracks with the school year. Participants are selected through a referral and application process. Services include: weekly workshops to teach communication, conflict resolution, and leadership skills; supervision and coordination of monthly service learning; and transportation fare to-and-from the program.

Youths under the supervision of the NYC Department of Probation are eligible for the program.

Smart Choices serves all NYC counties.
Program Capacity
Smart Choices serves approximately 30 youths per year.
Contact
Rebekah Heilman, Director of Youth Services at 718-858-9658 ext. 215 or rheilman@communityalternatives.org http://communityalternatives.org/programs/smartChoices.html
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Family Court Client Specific Planning

Program Description
The Center for Community Alternatives offers the Family Court Client Specific Planning (CSP) Program, a community-based alternative-to-placement for juvenile delinquents. Upon referral, staff work with the youth and the youths family to develop a plan that is submitted to the Court advocating for his/her release. Upon release, CSP provides supervision and case management services for up to one year, offering services including: monthly progress reports; supervision of school attendance and school visits; curfew monitoring; referrals to communitybased services; home visits; random drug testing; HIV/AIDS prevention and education services; life skills workshops; family therapy; parent support workshops; educational support and referrals; referrals for 10 hours of mandated community service; and transportation fare to-and-from the program.

Youths age 15 and under with a pending delinquency case or who have been adjudicated delinquent may be referred to CSP. Upon referral, staff conduct an investigation, including interviews with the youth and relevant family members, to determine if the youth would benefit from program services.

CSP serves all NYC counties.
Program Capacity
CSP provides services to approximately 28 youths per year.
Contact
Cadija Tibbs, Court Services Manager at 212-691-1911 or ctibbs@communityalternatives.org Rukia Lumumba, Assistant Director of Youth Services at 718-858-9658 ext. 214 or rlumumba@communityalternatives.org http://www.communityalternatives.org/programs/familyCourt.html
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Andrew Glover Youth Program

Program Description
The Andrew Glover Youth Program provides an alternative-to-incarceration program for youthful offenders from the Lower East Side and East Harlem. Youths are screened at the Manhattan Criminal Court where staff assess cases and when a youth is selected, the staff member will appear before the judge to advocate for the youths assignment to the program. The Andrew Glover Youth Program offers a personalized rehabilitation plan including educational, job-readiness and recreational programs, referrals, and court monitoring.

Youthful offenders from the Lower East Side and East Harlem who meet the program risk standards.

New York County / Manhattan Criminal Court
Program Capacity
In 2008, the Andrew Glover Youth Program served 208 youthful offenders.
Contact
Angel Rodriguez, Executive Director at 212-349-6381 ext. 12 or arodriguez@agyp.org Judith Smith, Associate Director at 212-349-6381 ext. 13 or jsmith@agyp.org http://agyp.org
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The Dome Projects Juvenile Justice Program

Program Description
The Dome Projects Juvenile Justice Program is an alternative-to-incarceration program for youthful offenders. The program consists of three workshops seriesconsequential thinking, cognitive development, and creative expressionover a twelve-week cycle. Each workshop seeks to assist the youth develop life skills and attainable, positive educational and vocational goals. Youths are referred to the program by court staff including social workers, attorneys, probation officers and judges.

Youthful offenders, juvenile offenders, and youths on probation are eligible for the Juvenile Justice Program.

The Juvenile Justice Program serves New York, Kings, Bronx and Queens counties.
Program Capacity
The program serves approximately 120 to 140 youths per year. Each workshop cycle has 30 to 35 slots available.
Contact
Richard Celestin, Director of Advocacy and Education at 212-724-1780 or Richard@domeproject.org Elizabeth Walker, Director of Social Services at 212-724-1780 or beth@domeproject.org http://domeproject.org/programs_jj.html
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BronxConnect
Program Description
The Urban Youth Alliance operates the BronxConnect program an alternative-to-incarceration program for court-involved youth ages 12 to 18 from the Bronx. The program is focused on mentoring services within the community, each youth is matched with an adult mentor from a local church. BronxConnect also links participants with local community-based services through referrals. Youths are referred by the Bronx District Attorneys Office, Supreme Court, Criminal Court, Family Court, Legal Aid Society, Defenders Office, and the Department of Probation.

Youthful and Juvenile Offenders from the Bronx are eligible for BronxConnect.

BronxConnect serves Bronx County / Bronx Supreme, Criminal, and Family Courts
Program Capacity
Contact
Organization did not provide. http://www.uyai.org/
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Court Employment Project (CEP)

Program Description
CASES offers the Court Employment Project (CEP) for felony offenders ages 16 to 21 in Supreme Court. CEP provides case management and support services for six months, including on-site education classes and GED testing; employment-readiness training, job placement assistance and paid internship opportunities; substance abuse and mental health counseling; and assistance securing long-term services in the community.

CEP serves youths ages 16 to 21 facing felony charges in NYC Supreme Courts. CEPs eligibility requirements are intended to target defendants who would receive a jail or prison sentence without the intervention of an alternative to incarceration program.

CEP serves Criminal Supreme Courts in Bronx, Kings, New York, and Queens counties.
Program Capacity
CEP serves 350 youths annually.
Contact
For more information about eligibility or to refer a youth to CEP: Email cepref@cases.org or call: Bronx 718-537-8330 Brooklyn 718-222-1585 Manhattan 212-553-6313 Queens 718-537-8330 For general information contact: Joseph McLaughlin, Director of Youth Programs at 212-553-6650 or jmclaughlin@cases.org http://www.cases.org/cep_sub.html
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Youth and Congregations in Partnership (YCP)

Program Description
The Kings County District Attorneys Office operates YCP as a one year alternative-to-incarceration program, which combines mentoring with intensive comprehensive services. Each participant is assigned a social worker who coordinates services such as counseling, educational and vocational services, anger management, independent living skills, and referrals to outside service providers if necessary. In addition, YCP engages family members through ongoing workshops and referrals. The mentoring component of YCP unites court-involved youths with mentors drawn from a broad range of faith based institutions throughout the community. The juvenile is mentored individually or by a committee of 2-3 mentors who work with him/her for one year. Juveniles are initially interviewed and screened by a Kings County District Attorneys Office social worker, after screening the juvenile can be referred to the program by the judge, defense attorney or prosecutor. YCPs intake process includes a review of the referred juveniles involvement with the criminal justice system as well as a thorough psychosocial assessment of both the juvenile and their parent/guardian.

Young men and women, 13-22 years-old with open cases in Kings County Family, Criminal or Supreme Court, who have no history of mental illness or a pattern of violent offenses are eligible for YCP.

YCP serves Kings County.
Contact
Joan Gabbidon, Executive Director at 718-250-2267 or gabbidoj@brooklynda.org Deborah Lashley, Program Manager at 718-250-3804 or lashleyd@brooklynda.org http://www.brooklynda.org/YCP/YCP.htm
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Community Prep High School

Program Description
CASES, in partnership with the NYC Department of Education, offers Community Prep High School, a transitional academy for court-involved youths. Community Prep provides a structured and supportive environment for youths to develop academic and literacy skills and facilitates their transition to a diploma-granting high school, GED program, or employment.

Community Prep is available for youths between the ages of 14 and 17 who are currently court-involved or recently released from detention or placement.

Community Prep High School serves all NYC counties.
Program Capacity
Community Prep maintains a capacity of 100 active students.
Contact
Joseph McLaughlin, Director of Youth Programs at 212-553-6650 or jmclaughlin@cases.org http://www.cases.org/cps.html
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Learning to Work/GED
Program Description
CASES, in partnership with the NYC Department of Education, offers the Learning to Work/GED program to youths ages 17 to 20 with current or previous court-involvement. The Learning to Work/GED program provides a combination of GED instruction, employment-readiness workshops, paid internships, job placement assistance, and college application and financial aid application assistance.

Learning to Work/GED serves youths between the ages of 17 and 20, including those with current or previous court-involvement.

Learning to Work/GED serves all NYC counties.
Program Capacity
Learning to Work/GED maintains a capacity of 50 active participants.
Contact
Joseph McLaughlin, Director of Youth Programs at 212-553-6650 or jmclaughlin@cases.org http://www.cases.org
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Girls Re-entry Assistance Support Program (GRASP)

Program Description
The Kings County District Attorneys Office operates GRASP for females returning to the community from prison, placement, detention centers or jail. GRASP provides comprehensive services and mentoring to aid reentry. The program offers case management, educational support, career exploration, job development, anger management, crisis counseling, and referrals for additional services. Participants remain active in GRASP for six months to one year after their release from confinement. Eligible women may refer themselves or can be referred by any facility or counselor.

GRASP is available for females ages 13 to 25 who are presently incarcerated or recently released from a prison, placement, detention center or jail. Young women with a predatory sexual offense, arson, murder, or a persistent pattern of violent felony offenses are not eligible.

Youths from Brooklyn or youths with Brooklyn cases receive priority. Youths from all other boroughs are considered on a case by case basis.
Program Capacity
Contact
Joan Gabbidon, Executive Director at 718-250-2219 or gabbidoj@brooklynda.org Deborah Lashley, Program Manager at 718-250-3804 or lashleyd@brooklynda.org http://www.brooklynda.org/grasp/grasp.htm
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OCFS Intensive Aftercare Program313

Program Description
OCFS provides counseling and monitoring for up to six months after youths are released from custody. The Intensive Aftercare Program consists of agency operated and contracted Day Programs providing various supervision levels and services. Programs include: x City Challenge serves youths released from the Sergeant Henry Johnson Youth Leadership Academy in Brooklyn. x Evening Reporting Centers provide evening and weekend residential supervision and services operated to complement day programs. Participation is contingent on school or work attendance. x Multisystemic Therapy & Functional Family Therapy engages the entire family to strengthen the familys capacity to support positive changes. Aftercare services are provided by the Administration for Children Services Juvenile Justice Initiative. x Electronic Monitoring monitoring of youths adherence to curfew requirements during the first four to eight weeks after release.

Juvenile Delinquents released from OCFS custody are eligible for IAP.

x x x x City Challenge All NYC counties Evening Reporting Centers Albany, Bronx, Kings, Buffalo, Rochester, and Syracuse Multisystemic Therapy & Functional Family Therapy All NYC counties Electronic Monitoring All NYC counties, and Capital District, Buffalo, Rochester, Syracuse/Utica, and Newburgh
Program Capacity
In 2008, 650 youths entered Day Programs (of those 361 were from New York City). Program participation in 2008 (total and (NYC total)): x City Challenge 78 (77) x Evening Reporting Centers 218 (118) x Multisystemic Therapy & Functional Family Therapy 24 (19) x Electronic Monitoring 330 (147)
Contact
OCFS 518-473-7793 http://www.ocfs.state.ny.us/main/rehab/
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Youth Represent
Program Description
Youth Represent is a holistic legal representation organization for court-involved youths ages 24 and under. Youth Represent provides criminal defense representation and civil legal representation when a young person is denied employment, suspended from school, or threatened with eviction from or denied public housing due to court involvement.

Youth Represent serves court-involved youths ages 24 and under.

Youth Represent serves New York County Family Court and Bronx, New York, and Kings County Criminal Courts.
Program Capacity
Contact
212-553-6421 or info@youthrepresent.org http://youthrepresent.org/
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APPENDIX A. New York Juvenile Justice Statistics B. National Juvenile Justice Statistics
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A. New York Juvenile Justice Statistics
New York City Mayors Management Reportvi Citywide Juvenile Indicators Juvenile Arrests for major felonies Juvenile probationers rearrested Juvenile probationer re-arrest rate (monthly average) Juveniles referred to Intake by Dept of Probation Juvenile delinquency cases diverted from court through adjustment Adjusted cases as percent of all cases Percent of Intakes Filed for Prosecution Youths enrolled in Esperanza (monthly average) Total probationers supervised in Enhanced Supervision Program Average Daily Population in Secure Detention at DJJ Average Length of Stay in Secure Detention at DJJ (days) Average Daily Population in Non-Secure Detention at DJJ Average Length of Stay in Non-Secure Detention at DJJ (days) Total admissions to DJJ Youths with Previous Admission(s) to Detention Average Length of Stay (days) Average Daily Population Average Daily Cost Per Youth Per Day General Healthcare Cost Per Youth Per Day DJJ Total Expenditures (millions) Law Department Juvenile Conviction Rate FY07 4,469 596 1.6% 10,673 2,797 26% 66% 79 988 291.8 20 148.6 33 5,886 45.9% 27 440.5 $520 $73 $127.7 70% FY08 4,373 749 2.1% 11,939 3,554 30% 62% 51 1,083 289.7 21 136.7 33 5,489 47.5% 28 426.4 $588 $83 $131.5 70% FY09 4,207 N/A 2.5% 11,846 3,258 28% 59% 67 1,197 278.6 20 151 32 5,833 49.4% 26 429.6 $620 $95 $138.3 71%
City of New York. (200x). Mayors Management Report. New York: City of New York Mayors Office of Operations. http://www.nyc.gov/html/ops/html/mmr/mmr.shtml
vi
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New York City Department of Juvenile Justicevii

DJJ Admissions Admissions to Secure Detention Admissions to Non-Secure Detention Average Daily Population Secure Detention Average Daily Population Non-Secure Detention Admissions by Borough of Court Brooklyn Bronx Manhattan Queens Staten Island Outside NYC Admissions by Gender Male Female Age at Admission 12 or under 13 14 15 16 17 or over Admissions to Detention by Charge Juvenile Delinquent Juvenile Offender Other Top 15 Neighborhood Total Admissions East New York South Jamaica Bedford-Stuyvesant Brownsville Soundview Morris Heights Saint George Harlem East Harlem/Upper East Side South Bronx East Flatbush University Heights Bushwick Tremont Eastchester Bedford Park Far Rockaway
vii
FY07 5,172 712 292 149 30.1% 24.6% 16.5% 20.9% 5.3% 2.7% 81% 19% 4% 9% 24% 43% 14% 6% 92% 8% N/A 218 207 180 169 158 158 155 146 135 134 122 121 121 117 108 N/A N/A
FY08 N/A N/A 289.7 136.7 27.5% 28.6% 18.1% 19.9% 5.1% 0.8% 80% 20% 3% 11% 23% 45% 12% 6% 85% 7% 8% 175 176 171 144 134 138 138 165 135 125 N/A 152 N/A 152 139 131 121
New York City Department of Juvenile Justice. (n.d.). By the numbers . http://nyc.gov/html/djj/html/numbers.html
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New York City Department of Correctionviii DOC Population Total Population Male Detained Sentenced Female Detained Sentenced Felony Charges Adolescent Male Adult Male Adolescent Female Adult Female Robbery Murder or Manslaughter Assault Weapons Average Length of Stay Detainee (days) Male Female Average Length of Stay City Sentence (days) First Admission to DOC Adolescent Adult Adolescent Race Black Latino 65% 30% 60% 20% 93% 76% 78% 67% 44% 13% 8% 7% 25 25 18 98 11/7/2008 855 813 754 59 42 33 9
Horn, M. Commissioner. (2008, November 24). Special needs of adolescents in New York correctional facilities. Testimony of Martin F. Horn, Commissioner, NYC Department of Correction to the New York City Council Committees on Juvenile Justice, Fire and Criminal Justice Services, and Youth Services. http://www.nyc.gov/html/doc/html/news/special_needs_adolescents_testimony.pdf
viii
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New York City Department of Correctionix Robert N Davoren Complex Serious Injuries to Adolescents Serious Injury Population Total Security Cameras in Complex 336 2008 27 2007 33 48 Percent Change -18%
New York City Department of Correctionx Adolescents 16 to 18 on Rikers Island As of 11/8/08 Robert N Davoren Complex (male) Rose M Singer Center (female) Eric M Taylor Center (male) Otis Bantum Correctional Center North Infirmary Command NYC DOC Total Admissions FY08 Average Daily Inmate Population Detained 669 32 0 68 17 107,516 13,850 Sentenced 18 9 41 0 0 Capacity 2,238 1,139 2,351 0 0
Horn, M. Commissioner. (2008, November 24). Special needs of adolescents in New York correctional facilities. Testimony of Martin F. Horn, Commissioner, NYC Department of Correction to the New York City Council Committees on Juvenile Justice, Fire and Criminal Justice Services, and Youth Services. http://www.nyc.gov/html/doc/html/news/special_needs_adolescents_testimony.pdf x New York City Council. (2008). Oversight: Special needs of adolescents in New York City Correctional facilities. Briefing Paper of the Governmental Affairs Division. http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=448911&GUID=7703458E-5B31-41589BAD-F33C1F5C8E31&Options=&Search=
ix
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New York State Office of Children and Family Servicesxi

OCFS Youths in Custody Total Youths Served Total OCFS New Admissions CY2006 5,000 2,000 CY2007 4,417 1,680 CY2008 Not collected 1,632
New York City Youths in OCFS Custody Total New Admissions 1,210 963 Percent of All OCFS New Admissions 61% 57% Gender Male 1,048 811 Female 279 152 Age at Admission Under 12 6 3 12 15 8 13 81 47 14 227 155 15 435 328 16 357 298 17 68 98 Over 18 25 26 Race African American 777 607 Asian 14 13 Native-American 17 3 White 223 30 Latino not collected 293 Other 191 20 Not Specified by Youth 23 not collected Adjudication Juvenile Offender 28 25 JO/Youthful Offender 77 80 Restrictive JD 5 3 Ltd. Secure JD 60-day Option 4 3 Limited Secure JD 1,042 807 Non-Secure JD 48 49 Parole Violator 6 22 Prior Custody Status First OCFS Custody 1,137 891 Prior OCFS Custody 73 72
xi
1,009 62% 877 132 4 12 63 162 341 293 100 34 633 13 2 20 317 20 4 38 82 1 2 833 50 3 930 79
New York State Office of Children and Family Services. (200x). Youth in care: 200x annual report division of juvenile justice and opportunities for youth. Rensselaer, NY: New York Officer of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/
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OCFS Youths in Custody (continued) Most Serious Adjudicated Offense Crimes Against Persons Crimes Against Property Other Crimes None/Status Offense Service Needs Health Limited English Mental Health Mental Retardation Sex Offender Special Education Substance Abuse Total Discharges Percent of youths discharged in year Percent of youths in custody at end of year
CY2006 495 392 321 2 278 69 324 13 32 99 512 1,398 61% 61%
CY2007 450 290 218 5 203 33 211 15 26 70 324 1,275 61% 57%
CY2008 452 323 232 2 198 43 208 23 16 81 326 1,004 56% 59%
New York State Office of Children and Family Services Per Diem Chargeback Rates for OCFS Operated Facilities and Programsxii OCFS Service / Per Diem Cost Secure residential services Limited secure residential services Non-community based residential services Community residential services Family Foster care Evening reporting centers CY2007 $391.85 $346.00 $284.47 $300.77 $97.71 $241.70 CY2008 $426.74 $475.48 $521.00 $648.26 $103.64 $253.22 CY2009 $537.64 $584.26 $615.88 $648.08 $115.94 $253.18
xii New York State Office of Children and Family Services. (200x). Per Diem Chargeback Rates for OCFS-Operated Facilities and ProgramsInterim Calendar Year 200x Rates for January 1, 200x, through December 31, 200x. New York: Author. Administrative Directive 09-OCFS-ADM-13. http://www.ocfs.state.ny.us/main/policies/external/OCFS_2009/ADMs/09-OCFSADM-13%20Per%20Diem%20Chargeback%20Rates%20for%20OCFS-Operated%20Facilities%20and%20Programs%20%202009%20Interim%20Rates.pdf Administrative Directive 09-OCFS-ADM-02. http://www.ocfs.state.ny.us/main/policies/external/ocfs_2009/adms/09-ocfs-adm02%20per%20diem%20chargeback%20rates%20for%20ocfs-operated%20facilities%20and%20programs.pdf Administrative Directive 07-OCFS-ADM-08. http://www.ocfs.state.ny.us/main/rates/adm/07-ocfs-adm08%20calendar%20year%202007%20interim%20per%20diem%20chargeback%20rates%20for%20ocfsoperated%20facilities%20and%20programs%20-%20effective%2001-01-07%20to%2012-31-07.pdf
86
New York City Criminal Justice Agencyxiii

Juvenile Offender Adult Court Processing Juvenile Offender Arrests A Felonies B Felonies C or D Felonies Arrest Charge JO Arrests Robbery 2 Robbery 1 Weapon Poss. 3 Burglary 2 Assault 1 Weapon Poss. 2 Sodomy 1 Att. Murder 2 Murder 2 Burglary 1 Other (A & B Felonies) Arrest by Age 13 14 15 Arrest by Sex Male Female Case Volume / Status Criminal Court Arraignments ROR Bail Set and Made Bail Set and Not Made Remand Criminal Court Dispositions Dismissed Transfer to SC Transfer to Family Court Supreme Court 1st Appearances Pled Guilty Pled Not Guilty Dismissed Transfer to Family Court Continued Bench Warrant
xiii
CY2005 1,953 11 559 1,383 58.8% 20.4% 5% 4.7% 3.5% 2.3% 1.8% 1% 0.5% 0.5% 1.5% 2 732 1,219 1,703 250
CY2006 1,887 14 481 1,392 60.8% 19% 5.7% 3.1% 2.6% 4.2% 1.3% 0.8% 0.7% 0.4% 1.4% 4 727 1,156 1,665 222
CY2007 1,995 3 385 1,607 66.8% 13.3% 4% 5.1% 2.6% 4.7% 1.8% 0.5% 0.2% 0.1% 0.9% 0 778 1,217 1,751 244
CY2008xiv 2,223 9 443 1,771 67.3% 12.8% 2% 4.5% 3.7% 5.8% 1.2% 1.2% 0.4% 0.3% 0.8% 1 891 1,331 1,895 328
661 333 20 289 14 644 164 364 116 353 63 98 11 23 153 5
635 265 28 324 15 617 119 400 98 481 91 180 9 39 154 8
541 285 11 230 10 546 151 335 60 320 36 95 4 32 148 5
660 324 21 302 13 642 149 406 87 429 24 156 10 15 219 5
Gewirtz, M. (200x). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 200x. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/index8.htm xiv In 2007, the New York City Criminal Justice Agency (CJA) changed the methodology in which arrests are tallied, therefore CY2007 and 2008 arrests are not comparable with previous years. In addition, in 2008 CJA excluded cases docketed in Staten Island due to the small number of cases prosecuted in that county.
87
Citizens Crime Commission of New York City Juvenile Offenders Adult Court Processing (continued) Supreme Court Dispositions Conviction Transfer to Family Court Dismissed (or acquitted or abated by death) Supreme Court Sentence Imprisonment Imprisonment & Probation Probation Other Conditions of Sentence Youthful Offender Not Youthful Offender Failure to Appear Criminal Court Supreme Court 14 17 4 16 8 17 14 27 CY05 317 219 41 57 203 88 23 90 2 202 157 45 CY06 373 257 65 51 233 84 40 106 3 228 186 42 CY07 309 235 46 28 265 113 19 108 25 265 226 39 CY08 315 236 33 46 225 111 22 85 7 225 176 49
88
New York State Division of Probation and Correctional Alternativesxv Probationers Supervised 12/31/2007 12/31/2008 Age at Sentence < 16 Total Supervised Cases Race American Indian Asian Black Hispanic Other Unknown White County Bronx Kings New York Queens Richmond 388 1 6 220 79 19 33 30 29% 33% 15% 22% 1% 351 1 4 208 76 12 26 24 30% 35% 13% 21% 2% Probationers Supervised Age at Sentence 16-18 Total Supervised Cases Race American Indian Asian Black Hispanic Other Unknown White County Bronx Kings New York Queens Richmond 12/31/2007 12/31/2008 7,271 2 79 3,825 2,031 376 268 690 28% 25% 19% 25% 3% 6,836 2 81 3,626 2,000 274 216 637 27% 26% 18% 24% 4%
xv
New York State Division of Probation and Correctional Alternatives. (2008). Probationers Supervised December 31, 2007. http://dpca.state.ny.us/pdfs/iprsreports/2007reports/adultprobationcasessupervisedasof123107.pdf (2009). Probationers Supervised December 31, 2008. http://dpca.state.ny.us/pdfs/iprsreports/2008reports/adultprobationcasessupervisedasof12312008.pdf
89
90
Black Hispanic White Hispanic White Non-Hispanic Unknown / Other Female Total Female Male Total Female Male Total Female Male Total 1 1 1 1 2 2 8 1 1 2 1 1 24 2 2 4 4 2 2 71 1 9 10 4 12 16 4 4 209 1 17 18 7 48 55 1 13 14 498 7 48 55 31 117 148 1 35 36 916 12 108 120 53 273 326 12 74 86 1468 25 141 166 83 440 523 10 114 124 3196 47 325 372 179 897 1076 24 243 267 8 10 6 24 1 Total Male Total Female Male Total 0 1 1 0 1 3 4 0 3 8 11 0 2 30 32 3 3 12 92 104 7 7 52 251 303 15 23 125 635 760 52 62 223 1287 1510 81 87 317 2051 2368 158 182 736 4357 5093 1 1 0 1 3 3 47 124 382 638 962 2160 5 13 24 19 61 1 1 2 14 41 64 115 238 3 18 46 85 104 256 14 37 110 209 342 713 0 0 1 1 2 19 54 88 134 299 0 0 1 0 17 55 156 294 446 969 1 6 10 18 42 78 1 1 8 23 60 151 244 1 0 0 1 2 14 33 78 193 322 1 11 11 9 32 1 19 36 57 113 0 0 0 0 1 1 30 47 66 145 1 17 65 212 324 451 1071 1 1 1 5 5 4 5 52 69 148 213 443 655 821 1145 1350 1801 2824 3895
New York City Juvenile Arrests by Category, Age, Gender and Race, 2003xvi
Defendant Age Black / Race Felony / Gender Female Male 7 1 8 1 9 2 6 10 2 22 11 7 64 12 43 166 13 78 420 14 136 780 15 193 1275 Total 462 2734 Misdemeanor 7 8 1 9 3 10 1 2 11 12 35 12 36 88 13 132 250 14 186 452 15 277 685 Total 644 1516
xvi
New York State Division of Criminal Justice Services. (2005). Three-Year Comprehensive State Plan for the Juvenile Justice & Delinquency Prevention Formula Grant Program Years 2006 2008. Albany, NY: Author. http://criminaljustice.state.ny.us/ofpa/pdfdocs/jjstateplan07.pdf
New York City Juvenile Arrests by Category, Age, Gender and Race, 2004xvii
Unknown / Other Female Male Total 0 0 0 1 1 0 1 8 9 4 17 21 3 37 40 6 58 64 14 121 135 Female Total
Defendant Age Black Black Hispanic White Hispanic White Non-Hispanic / Race Felony / Gender Female Male Total Female Male Total Female Male Total Female Male Total 7 2 2 0 2 2 1 1 8 5 5 1 1 2 2 0 9 1 10 11 1 1 2 2 0 10 2 29 31 2 2 1 4 5 2 2 11 4 60 64 6 6 2 18 20 1 8 9 12 35 162 197 2 20 22 5 46 51 2 13 15 13 86 408 494 8 63 71 33 122 155 4 29 33 14 170 845 1,015 14 125 139 53 338 391 25 89 114 15 224 1,291 1,515 26 194 220 78 484 562 25 144 169 Total 522 2,812 3,334 50 412 462 172 1,018 1,190 57 286 343 Misdemeanor 7 8 9 6 6 10 1 9 10 1 1 3 3 11 10 28 38 3 3 4 10 14 1 4 5 12 51 88 139 6 8 14 23 27 50 2 14 16 13 136 225 361 14 41 55 53 119 172 13 49 62 14 195 485 680 21 73 94 82 217 299 17 111 128 15 228 703 931 28 116 144 129 372 501 38 164 202 Total 621 1,544 2,165 69 242 311 291 748 1,039 71 342 413 2 2 2 12 18 2 1 9 25 39 49 125 0 0 0 2 1 11 27 41 61 143
1 3 7 45 135 365 359 815
Male 5 8 13 38 92 249 639 1,434 2,171 4,649
Total 5 8 14 41 99 294 774 1,699 2,530 5,464
1 15 84 218 317 435 1,070
6 15 46 146 459 925 1,404 3,001
6 16 61 230 677 1,242 1,839 4,071
xvii
91
92
Black Hispanic White Hispanic White Non-Hispanic Unknown / Other Female Total Male Total Total 0 3 11 18 62 184 577 1,100 1,699 3,654 1 1 2 6 25 34 36 104 1 3 21 56 117 167 365 6 19 59 107 142 333 1 1 5 27 81 151 203 469 1 3 13 59 153 268 489 987 1 3 19 78 212 375 631 1,320 3 1 7 7 50 154 422 862 1,234 2,740 1 Female Male Total Female Male Total 0 0 0 0 1 1 2 2 1 1 5 5 1 8 9 3 18 21 2 19 21 7 44 51 8 66 74 27 150 177 17 122 139 57 316 373 22 213 235 92 536 628 50 430 480 186 1,071 1,257 Female Male Total 0 0 1 1 2 2 3 3 1 11 12 8 27 35 10 72 82 23 146 169 42 262 304 Female Male Total 0 0 0 0 1 1 2 5 7 7 21 28 12 42 54 17 85 102 38 154 192 2 7 46 141 247 376 819 3 3 13 15 26 26 89 96 229 275 750 891 1,501 1,748 2,457 2,833 5,068 5,887 1 1 14 29 36 81 3 3 24 59 132 235 456 3 4 25 73 161 271 537 0 0 0 0 0 3 6 17 15 41 0 0 0 0 2 3 15 53 84 157 0 0 0 0 2 6 21 70 99 198 2 2 23 77 231 448 567 1,350 4 4 1 1 7 9 12 14 57 80 213 290 578 809 1,171 1,619 1,871 2,438 3,914 5,264
New York City Juvenile Arrests by Category, Age, Gender and Race, 2005xviii
Defendant Age Black / Race Felony / Gender Female Male 7 8 3 9 2 9 10 18 11 3 59 12 34 150 13 91 486 14 151 949 15 222 1,477 Total 503 3,151 Misdemeanor 7 3 8 1 9 1 6 10 2 5 11 14 36 12 48 106 13 127 295 14 261 601 15 338 896 Total 791 1,949
xviii
New York City Admissions to Juvenile Detention by Race and Gender, 2003-2005xix 2003 White Male 136 % 4.5% 57.5% 29.7% 2.2% 6% 100% Female 28 485 192 10 69 784 % 3.6% 61.9% 24.5% 1.3% 8.8% 100% Total 164 2,210 1,082 77 250 3,783 % 4.3% 58.4% 28.6% 2% 6.6% 100%
Black 1,725 Hispanic Other Unknown Total 890 67 181 2,999
2004 White
Male 118
% 3.9% 57% 28.7% 2.7% 8.7% 100%
Female 41 457 224 11 94 824
% 5% 55.5% 27.2% 1.3% 11.4% 100%
Total 159 2,181 1,093 92 357 3,847
% 4.1% 56.7% 28.4% 2.4% 9.3% 100%
2005 White
Male 154
% 4.4% 56.9% 28.3% 1.6% 8.8% 100%
Female 35 476 204 20 97 832
% 4.2% 57.2% 24.5% 2.4% 11.7% 100%
Total 189 2,463 1,191 76 405 4,324
% 4.4% 57% 27.5% 1.8% 9.4% 100%
xix
93
New York State Gang Assault Arrests and Dispositions by Region, 2003-2005xx
Percentage Change New York State Total Arrests Total Dispositions Convictions Conviction Rate (% of dispositions) Sentences To: Prison Jail Jail + Probation Probation Conditional Discharge Other New York City Total Arrests Total Dispositions Convictions Conviction Rate (% of dispositions) Sentences To: Prison Jail Jail + Probation Probation Conditional Discharge Other Non-New York City Total Arrests Total Dispositions Convictions Conviction Rate (% of dispositions) Sentences To: Prison Jail Jail + Probation Probation Conditional Discharge Other
xx
2003 795 750 374 49.5% 49 69 33 84 108 31 2003 506 497 214 43.1% 38 26 11 43 84 12 2003 289 258 160 62% 11 43 22 41 24 19
2004 830 795 386 48.6% 41 71 39 77 120 38 2004 536 502 180 35.9% 18 26 9 32 83 12 2004 294 271 190 70.1% 21 40 26 42 33 28
2005 995 860 386 44.9% 28 72 31 62 143 50 2005 608 547 199 36.4% 13 33 7 32 97 17 2005 386 312 187 59.9% 15 39 24 30 46 33
2003-04 2004-05 4.4% 19.9% 6% 8.2% 3.2% 0% -1.8% -7.6% -16.3% 2.9% 18.2% -8.3% 11.1% 22.6% -31.7% 1.4% -20.5% -19.5% 19.2% 31.6%
2003-05 25.2% 14.7% 3.2% -9.3% -42.9% 4.3% -6.1% -26.2% 32.4% 61.3% 2003-05 20.2% 10.1% -7% -15.5% -65.8% 26.9% -36.4% -25.6% 15.5% 41.7% 2003-05 33.6% 20.9% 16.9% -3.4% 36.4% -9.3% 9.1% -26.8% 91.7% 73.7%
2003-04 2004-05 5.9% 13.4% 1% 9% -15.9% 10.6% -16.7% 1.4% -52.6% 0% -18.2% -25.6% -1.2% 0% -27.8% 26.9% -22.2% 0% 16.9% 41.7%
2003-04 2004-05 1.7% 31.3% 5% 15.1% 18.8% -1.6% 13.1% -14.6% 90.9% -7% 18.2% 2.4% 37.5% 47.4% -28.6% -2.5% -7.7% -28.6% 39.4% 17.9%
94
B. National Juvenile Justice Statistics
Percent Change in Arrests 1999-2008xxi Most Serious Offense Juvenile Adult Violent Crime Index -9% -4% Murder -9% -5% Forcible Rape -27% -18% Robbery 25% 19% Aggravated Assault -21% -8% Property Crime Index -20% 12% Burglary -14% 19% Larceny-theft -17% 13% Motor Vehicle Theft -50% -13% Simple Assault 0% 4% Weapons Law Violations -2% 8% Drug Abuse Violations -7% 15% Juvenile Most Serious Offense Female Violent Crime Index -10% Robbery 38% Aggravated Assault -17% Simple Assault 12% Property Crime Index 1% Burglary -3% Larceny-theft 4% Motor Vehicle Theft -52% Vandalism 3% Weapons -1% Drug Abuse Violations -2% Liquor Law Violations -6% DUI 7% Disorderly Conduct 18% Male -8% 24% -22% -6% -28% -16% -29% -50% -9% -3% -8% -29% -34% -5%
Black Portion of Juvenile Arrestsxxii Most Serious Offense Murder Forcible Rape Robbery Aggravated Assault Simple Assault Burglary Larceny-theft Motor Vehicle Theft Weapons Drug Abuse Violations Vandalism Liquor Laws 2006 59% 34% 67% 42% 39% 32% 30% 43% 37% 30% 19% 5% 2007 57% 37% 68% 41% 40% 33% 31% 42% 38% 30% 19% 5% 2008 58% 37% 67% 42% 39% 35% 31% 45% 38% 27% 19% 6%
xxi xxii
Crime in the United States 2008, tables 32 and 33 Crime in the United States 2006, 2007 & 2008, table 43
95
2008 Estimated Number of Juvenile Arrests by Most Serious Offensexxiii

2008 Estimated Number of Juvenile Arrests 2,111,200 96,000 1,280 3,340 35,350 56,000 439,600 84,100 324,100 24,900 6,600 231,700 2,600 7,600 1,300 20,900 107,300 40,000 1,500 14,500 180,100 1,700 5,900 16,000 131,800 15,400 187,600 4,000 363,000 300 133,100 109,200 Percent of Total Juvenile Arrests Female 30% 17% 7% 2% 9% 24% 36% 12% 44% 16% 12% 34% 33% 35% 43% 19% 13% 10% 76% 10% 15% 2% 36% 24% 38% 24% 33% 29% 26% 22% 31% 56% Percent of Total Juvenile Arrests Under 15 27% 27% 8% 34% 20% 31% 29% 29% 29% 20% 56% 37% 12% 16% 3% 23% 40% 31% 11% 47% 15% 14% 28% 2% 9% 11% 36% 29% 23% 24% 26% 32% Percent Change 1999-2008 -16% -9% -9% -27% 25% -21% -20% -14% -17% -50% -24% 0% -64% -18% -31% -23% -8% -2% 20% -18% -7% -51% -38% -27% -22% -24% 2% -29% -19% -86% -27% -33% Percent Change 2004-2008 -4% 5% 19% -21% 46% -9% -2% 4% 0% -33% -16% -5% -48% 0% 19% -10% 3% -4% -14% -22% -5% -12% -14% -19% 1% -3% -7% -3% -3% -74% 5% -12% Percent Change 2007-2008 -3% -2% -5% -2% 2% -4% 5% 3% 8% -17% -8% -3% -15% 3% -19% -6% -4% -7% -1% -5% -7% -19% -2% -14% -7% -8% -5% 6% -3% -29% -7% -5%
Most Serious Offense
Total Violent Crime Index Murder and nonnegligent manslaughter Forcible Rape Robbery Aggravated Assault Property Crime Index Burglary Larceny-theft Motor Vehicle Theft Arson Nonindex Other Assaults Forgery and Counterfeiting Fraud Embezzlement Stolen Property (buying, receiving, possessing) Vandalism Weapons (carrying, possessing, etc.) Prostitution and Commercialized Vice Sex Offense (except forcible rape and prostitution) Drug Abuse Violations Gambling Offenses Against the Family and Children Driving Under the Influence Liquor Laws Drunkenness Disorderly Conduct Vagrancy All Other Offenses (except traffic) Suspicion (not included in totals) Curfew and Loitering Runaways
xxiii
Crime in the United States 2008 (Washington, D.C.: Federal Bureau of Investigation, 2008), tables 29, 32, 34, 36, 38, and 40. Arrest estimates were developed by the National Center for Juvenile Justice.
96
2008 Juvenile Arrest Rate by Statexxiv

State United States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
xxiv
Reporting Coverage 82% 81% 97% 99% 84% 99% 88% 92% 100% 100% 62% 89% 94% 23% 73% 92% 68% 15% 56% 100% 99% 90% 87% 97% 45% 94% 96% 92% 98% 78% 96% 73% 47% 72% 91% 60% 100% 96% 97% 100% 98% 78% 80% 96% 87% 82% 97% 73% 61% 98% 99%
Violent Crime Index 306 176 272 228 180 414 199 337 630 471 278 264 136 1066 290 252 163 402 603 66 608 333 225 208 145 274 112 139 337 84 332 278 260 305 117 160 202 192 426 186 192 79 318 181 122 91 142 248 72 279 132
Property Crime Index 1,398 924 1,655 1,558 1,460 1,153 1,853 1,163 1,778 2,062 1,343 1,405 1,764 1,850 1,734 1,792 1,109 2,182 1,564 1,622 2,073 578 1,067 1,884 1,483 1,928 1,831 2,013 1,724 771 925 1,537 1,141 1,615 2,107 1,088 1,335 1,914 1,106 1,097 784 1,640 1,348 1,182 2,125 569 865 1,760 577 2,588 1,977
Drug Abuse 560 242 340 762 365 523 763 456 774 731 465 375 468 1,843 460 396 472 729 580 428 1,272 358 337 511 454 566 305 657 618 580 642 580 536 458 477 360 479 614 486 397 388 590 574 566 563 274 351 507 204 780 910
Weapons 121 47 42 76 62 196 123 90 169 104 198 22 101 334 57 52 59 84 116 35 226 45 85 145 124 121 21 112 159 12 158 133 60 197 70 79 83 87 119 129 94 83 115 61 120 29 72 126 25 238 83
Crime in the United States 2008, tables 5 and 69.
97
98
ENDNOTES
New York State Division of Criminal Justice Services. (2005). Three-year comprehensive state plan for the Juvenile Justice & Delinquency Prevention Formula Grant Program years 2006 1 Loeber, R., Farrington, D.P., & Petechuk, D. (2003). Child 2008. Albany, NY: Author. delinquency: Early intervention and prevention. Child http://criminaljustice.state.ny.us/ofpa/pdfdocs/jjstateplan07.pdf Delinquency Bulletin Series. Washington, DC: U.S. Department 12 National Center for Juvenile Justice. (2006). New York. State of Justice, Office of Justice Programs, Office of Juvenile Justice Juvenile Justice Profiles. Pittsburgh, PA: Author. and Delinquency Prevention. http://70.89.227.250:8080/stateprofiles/profiles/NY06.asp?stat http://www.ncjrs.gov/pdffiles1/ojj dp/186162.pdf e=%2Fstateprofiles%2Fprofiles%2FNY06.asp&topic= 2 New York State Senate Committee on the Judiciary. (2009). 13 City of New York Mayors Office of Operations. (2009). Kids and families still cant wait: The urgent case for new Mayors Management Report. New York: Author. Family Court judgeships. Albany, NY: New York State Senate. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_ http://www.nysenate.gov/files/pdfs/Family%20Court%20Report mmr.pdf .pdf 14 Carrin, G. Commissioner. (2008). Empty beds, wasted 3 U.S. Department of Justice, Civil Rights Division. (2009). dollars: Transforming juvenile justice. New York: New York Investigation of the Lansing Residential Center, Louis Gossett, State Office of Children and Family Services. Jr. Residential Center, Tryon Residential Center, and Tryon http://www.ccf.state.ny.us/Initiatives/CJRelate/CJResources/Fe Girls Center. Washington, DC: Author. b28Summit/EmptyBeds.pdf http://www.usdoj.gov/crt/split/documents/NY_juvenile_facilitie 15 The Correctional Association of New York. (2007). Juvenile s_findlet_08-14-2009 .pdf justice update. New York: Author. 4 Governor Patersons Task Force on Transforming Juvenile http://www.correctionalassociation.org/publications/download/ Justice. (2009). Charting a new course: A blueprint for jjp/factsheets/detention_fact_2007.pdf transforming juvenile justice in New York State. New York: 16 City of New York Mayors Office of Operations. (2008). Vera Institute of Justice. Mayors Management Report. New York: Author. http://www.vera.org/paterson-task-force-juvenile-justic-report http://www.nyc.gov/html/ops/downloads/pdf/2008_mmr/0908_ 5 Carrin, G. Commissioner. (2008). Empty beds, wasted dollars: mmr.pdf Transforming juvenile justice. New York: New York State 17 New York State Offices of Alcoholism and Substance Abuse Office of Children and Family Services. Services, and Children and Family Services. (2008). Plan of http://www.ccf.state.ny.us/Initiatives/CJRelate/CJResources/Feb CooperationWorking together: Improving the lives of New 28Summit/EmptyBeds.pdf Yorks children and families. Albany, NY: Author. 6 Governor Patersons Task Force on Transforming Juvenile http://www.oasas.state.ny.us/pio/collaborate/documents/OASA Justice. (2009). Charting a new course: A blueprint for S-OCFSPOC2008.pdf transforming juvenile justice in New York State. New York: 18 New York City Department of Juvenile Justice. (2008). Top 15 Vera Institute of Justice. Residential Community Districts for Youth Admitted to http://www.vera.org/paterson-task-force-juvenile-justic-report Detention in Fiscal 2008. 7 City of New York Office of the Mayor. (2010, January 20). http://nyc.gov/html/djj/pdf/adm_by_community_district_of_res Mayor Bloomberg delivers 2010 State of the City Address idence.pdf Detailing His Plans for the Recovery Ahead and the Strategy 19 New York City Department of Health and Mental Hygiene. Behind It. Press Release. (2004). Health disparities in New York City. New York: http://www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57b Author. b4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_releas http://www.nyc.gov/html/doh/downloads/pdf/epi/disparitiese&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%2 2004.pdf Fhtml%2Fom%2Fhtml%2F2010a%2Fpr029-10.html&cc=unuse 20 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of d1978&rc=1194&ndi=1 8 Lippman, J. Chief Judge. (2010, March 16). Address to the the citys juvenile justice system. New York: New York City Independent Budget Office. Citizens Crime Commission of New York City. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf http://www.nycrimecommission.org/pdfs/lippman100316.pdf 21 NY CLS Family Court Act 301.2(8) 9 Stanfield, R. (1999). Pathways to juvenile detention reform: The 22 NY CLS Family Court Act 301.2(1) JDAI Story Building a better juvenile detention system. Baltimore, MD: The Annie E. Casey Foundation. 23 NY CLS Family Court Act 353.3(5); 353.5(4) http://www.aecf.org/upload/publicationfiles/jdai%20story.pdf 24 NY CLS Family Court Act 355.3(6) 10 Child Welfare Watch. (2009). A need for correction: Reforming 25 NY Criminal Procedure Law 1.20(42) New Yorks juvenile justice system. New York: City Futures, 26 NY Penal Law 70.05 Inc. http://www.newschool.edu/Milano/nycaffairs/documents/CWW 27 NY Criminal Procedure Law 725 18Final_006.pdf 28 NY Criminal Procedure Law 720.10 29 NY Criminal Procedure Law 720.10 (2&3)
11
99
Citizens Crime Commission of New York City Cox, S., Conrad, J., & Allen, J. (2003). Juvenile justice: A guide to theory and practice (5th ed., p. 3). New York: McGraw-Hill. 31 Siegel, L.J., Welsh, B.C., & Senna, J.J. (2003). Juvenile delinquency: Theory, practice, and law (8th ed.) Belmont, CA: Wadsworth/Thomson Learning. 32 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 33 Sobie, M. (1981). The Juvenile Offender Act: Effectiveness and impact on the New York juvenile justice system. New York Law School Law Review, 26, 677-722. 34 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 35 Snyder, H.N., & Sickmund, M. (2006). Juvenile offenders and victims: 2006 national report (Publication No. NCJ 212906). Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. http://ojjdp.ncjrs.org/ojstatbb/nr2006/downloads/NR2006.pdf 36 Siegel, L.J., Welsh, B.C., & Senna, J.J. (2003). Juvenile delinquency: Theory, practice, and law (8th ed.) Belmont, CA: Wadsworth/Thomson Learning. 37 Sobie, M. (1981). The Juvenile Offender Act: Effectiveness and impact on the New York juvenile justice system. New York Law School Law Review, 26, 677-722. 38 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 39 Task Force on the Future of Probation in New York State. (2008). Report to the Chief Judge of the State of New York: Phase II. http://www.courts.state.ny.us/whatsnew/pdf/ProbationReport11 .08web.pdf 40 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 41 People v. Fitzgerald 244 NY 307 (1927) 42 People v. Lewis 260 NY 171 (1932) 43 People v. Lewis 260 NY 171 (1932) 44 Sobie, M. (1981). The Juvenile Offender Act: Effectiveness and impact on the New York juvenile justice system. New York Law School Law Review, 26, 677-722. 45 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 46 Sobie, M. (2003). The Family Court: A short history. http://courts.state.ny.us/history/family_ct/History_fam_Ct.htm 47 Kent v. United States 383 U.S. 541, 86 S.Ct. 1045 (1966). 48 In re Gault 387 U.S. 1, 87 S.Ct. 1428 (1967). 49 In re Winship 397 U.S. 358, 90 S.Ct. 1068 (1970). 50 McKeiver v Pennsylvania 403 U.S. 528, 91 S.Ct. 1976 (1971).
30 51
Raley, G.A. (1995). The JJDP Act: A second look. Juvenile Justice 2(2) (Publication No. NCJ 152979). Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. http://www.ncjrs.gov/pdffiles/jjjf95.pdf 52 1976 NY Laws Chapter 878 53 1976 NY Laws Chapter 878 (amended 1978) 54 1978 NY Laws Chapter 478 55 Roffe, S. (n.d.). The history of New York City Department of Juvenile Justice. http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm 56 New York City Department of Juvenile Justice. (n.d.). History of Juvenile Detention in New York City: 1979 Present. http://www.nyc.gov/html/djj/html/1979.html 57 New York City Department of Juvenile Justice. (n.d.). DJJs Programmatic Initiatives. http://www.nyc.gov/html/djj/html/programmatic.html 58 Schall v. Martin 467 U.S. 253, 104 S. Ct. 2403 (1984). 59 New York City Department of Juvenile Justice. (n.d.). DJJs Capacity Issues. http://www.nyc.gov/html/djj/html/capacity.html 60 Krisberg, B. (2006). Rediscovering the juvenile justice ideal in the United States. In J. Muncie & B. Goldson. (Eds.), Comparative youth justice (pp. 618). Thousand Oaks, CA: Sage Publications Inc. 61 Snyder, H.N., & Sickmund, M. (2000). Challenging the myths. 1999 National Report Series: Juvenile Justice Bulletin (Publication No. NCJ 178993). Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. http://www.ncjrs.gov/pdffiles1/ojjdp/178993.pdf 62 Krisberg, B. (2006). Rediscovering the juvenile justice ideal in the United States. In J. Muncie & B. Goldson. (Eds.), Comparative youth justice (pp. 618). Thousand Oaks, CA: Sage Publications Inc. 63 Krisberg, B. (2006). Rediscovering the juvenile justice ideal in the United States. In J. Muncie & B. Goldson. (Eds.), Comparative youth justice (pp. 618). Thousand Oaks, CA: Sage Publications Inc. 64 U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2010). Final Plan Fiscal Year 2010 [OJP (OJJDP) Docket No. 1521]. Federal Register 75 (97), pp. 28287-28294. Washington, DC: Office of the Federal Register, National Archives and Records Administration. http://ojjdp.ncjrs.gov/funding/FY10OJJDPFinalPlan.pdf 65 U.S. Department of Justice, Civil Rights Division. (2009). Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center. Washington, DC: Author. http://www.usdoj.gov/crt/split/documents/NY_juvenile_facilitie s_findlet_08-14-2009.pdf 66 The Annie E. Casey Foundation. (2007). Detention reform: An effective public safety strategy. Detention Reform Brief. Baltimore, MD: Author. http://www.aecf.org/upload/PublicationFiles/jdai_facts2.pdf
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New York State Executive Office of the Governor. (2008, September 10). Governor Paterson announces task force on transforming New Yorks juvenile justice system. Press Release. http://ny.gov/governor/press/press_0910081.html 68 City of New York Office of the Mayor. (2007, January 17). Mayor Bloomberg delivers 2007 State of the City Address Taking the Next Step. Press Release. http://home2.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57 bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_relea se&catID=1194&doc_name=http%3A%2F%2Fhome2.nyc.gov %2Fhtml%2Fom%2Fhtml%2F2007a%2Fpr01407.html&cc=unused1978&rc=1194&ndi=1 69 City of New York Office of the Mayor. (2008, May 12). Mayor Bloomberg announces new weekend court processing so youth who present low risk to the community can be returned home swiftly. Press Release. http://www.nyc.gov:80/portal/site/nycgov/menuitem.c0935b9a5 7bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_rele ase&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov %3A80%2Fhtml%2Fom%2Fhtml%2F2008a%2Fpr17908.html&cc=unused1978&rc=1194&ndi=1 70 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf 71 Governor Patersons Task Force on Transforming Juvenile Justice. (2009). Charting a new course: A blueprint for transforming juvenile justice in New York State. New York: Vera Institute of Justice. http://www.vera.org/paterson-task-force-juvenile-justic-report 72 City of New York Office of the Mayor. (2010, January 20). Mayor Bloomberg delivers 2010 State of the City Address Detailing His Plans for the Recovery Ahead and the Strategy Behind It. Press Release. http://www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57b b4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_releas e&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov% 2Fhtml%2Fom%2Fhtml%2F2010a%2Fpr02910.html&cc=unused1978&rc=1194&ndi=1 73 NY CLS Family Court Act 305.2 74 Faruqee, M. (2002). Rethinking juvenile detention in New York City: A report by the Juvenile Justice Project of the Correctional Association of New York. New York: Correctional Association of New York. http://www.correctionalassociation.org/publications/download/j jp/rethinking_detention.pdf 75 Child Welfare Watch. (2009). A need for correction: Reforming New Yorks juvenile justice system. New York: City Futures, Inc. http://www.newschool.edu/Milano/nycaffairs/documents/CWW 18Final_006.pdf 76 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf
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City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_ mmr.pdf 78 NY CLS Family Court Act 308.1; 320.6 79 NY CLS Family Court Act 308.1(8) 80 NY CLS Family Court Act 308.1(9) 81 NY CLS Family Court Act 308.1(10) 82 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf 83 City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_ mmr.pdf 84 City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_ mmr.pdf 85 City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_ mmr.pdf 86 Vera Institute of Justice. (2009). Juvenile detention risk assessment instruments: New York State models. http://criminaljustice.state.ny.us/ofpa/jj/docs/nys_juvdet_risk_a ssmt_insts.pdf 87 Task Force on the Future of Probation in New York State. (2008). Report to the Chief Judge of the State of New York: Phase II. http://www.courts.state.ny.us/whatsnew/pdf/ProbationReport11 .08web.pdf 88 Deane, J. (2007, October 23). The role of probation in Family Court. Testimony of Jacqueline Deane, Director of Delinquency Practice, The Legal Aid Society to the Task Force on the Future of Probation in New York State. http://www.legal-aid.org/media/29596/102307_probation_task_ force_final.pdf 89 Task Force on the Future of Probation in New York State. (2008). Report to the Chief Judge of the State of New York: Phase II. http://www.courts.state.ny.us/whatsnew/pdf/ProbationReport11 .08web.pdf 90 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 91 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 92 National Center for Juvenile Justice. (2006). New York. State Juvenile Justice Profiles. Pittsburgh, PA: Author. http://70.89.227.250:8080/stateprofiles/profiles/NY06.asp?state =%2Fstateprofiles%2Fprofiles%2FNY06.asp&topic=
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NY CLS Family Court Act NY CLS Family Court Act 320.2(1) 95 NY CLS Family Court Act 320.4 96 NY CLS Family Court Act 320.5 97 NY CLS Family Court Act 325.1 98 NY CLS Family Court Act 325.3 99 NY CLS Family Court Act 325.3(4) 100 Joint Committee of the Association of the Bar of the City of New York and the New York County Lawyers' Association. (n.d.). Criminal justice system handbook. http://www.courts.state.ny.us/litigants/crimjusticesyshandbk.sh tml 101 Faruqee, M. (2002). Rethinking juvenile detention in New York City: A report by the Juvenile Justice Project of the Correctional Association of New York. New York: Correctional Association of New York. http://www.correctionalassociation.org/publications/download/ jjp/rethinking_detention.pdf 102 City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909 _mmr.pdf 103 New York City Criminal Court Office of the Administrative Judge. (2007). Criminal Court of the City of New York 2006 annual report. New York: Author. http://courts.state.ny.us/courts/nyc/criminal/Annual%20Report %20Final%20052207.pdf 104 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 105 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 106 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 107 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 108 Gewirtz, M. (2009). Annual report on the adult court case processing of juvenile offenders in New York City, January through December 2008. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/reports/jo2008color.pdf 109 NY Criminal Procedure Law 725 110 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
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New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf 195 New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf 196 NY CLS Family Court Act 353.3(1) 197 New York State Office of Children and Family Services. (2008). Youth in care: 2007 annual report Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/Youth%20In%20Car e%20Report.pdf 198 New York State Department of Correctional Services. (n.d.). Inmate Lookup. http://www.docs.state.ny.us/univinq/fpmsovrv.htm 199 New York State Office of Children and Family Services. (2008). Youth in care: 2007 annual report Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/Youth%20In%20Car e%20Report.pdf 200 9 NYCRR 180 201 New York State Office of Children and Family Services. (2009). Division of Juvenile Justice and Opportunities for Youth. http://www.ocfs.state.ny.us/main/rehab/ 202 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf 203 New York State Department of Correctional Services. (n.d.). Facility Listing. http://www.docs.state.ny.us/faclist.html 204 New York State Department of Correctional Services. (2009). Statistical overview year 2008 court commitments. Albany: Author. http://www.docs.state.ny.us/Research/Reports/2009/Court_Co mmitments_2008.pdf 205 New York State Department of Correctional Services. (2009). Statistical overview year 2008 court commitments. Albany: Author. http://www.docs.state.ny.us/Research/Reports/2009/Court_Co mmitments_2008.pdf 206 New York State Department of Correctional Services. (2009). Statistical overview year 2008 court commitments. Albany: Author. http://www.docs.state.ny.us/Research/Reports/2009/Court_Co mmitments_2008.pdf 207 New York State Department of Correctional Services. (2009). Statistical overview year 2008 discharges. Albany: Author. http://www.docs.state.ny.us/Research/Reports/2009/Statistical _Overview_2008_Discharges.pdf
208
Child Welfare Watch. (2009). A need for correction: Reforming New Yorks juvenile justice system. New York: City Futures, Inc. http://www.newschool.edu/Milano/nycaffairs/documents/CW W18Final_006.pdf 209 New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf 210 New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf 211 Task Force on the Future of Probation in New York State. (2008). Report to the Chief Judge of the State of New York: Phase II. http://www.courts.state.ny.us/whatsnew/pdf/ProbationReport1 1.08web.pdf 212 U.S. Department of Justice, Civil Rights Division. (2009). Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center. Washington, DC: Author. http://www.usdoj.gov/crt/split/documents/NY_juvenile_faciliti es_findlet_08-14-2009.pdf 213 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf 214 The National Center for Mental Health and Juvenile Justice. (2007). Blueprint for change: A comprehensive model for the identification and treatment of youth with mental health needs in contact with the juvenile justice system. Delmar, NY: Policy Research Associates, Inc. http://www.ncmhjj.com/Blueprint/pdfs/Blueprint.pdf 215 Governor Patersons Task Force on Transforming Juvenile Justice. (2009). Charting a new course: A blueprint for transforming juvenile justice in New York State. New York: Vera Institute of Justice. http://www.vera.org/paterson-task-force-juvenile-justic-report 216 New York State Office of Children and Family Services. (2009). Division of Juvenile Justice and Opportunities for Youth. http://www.ocfs.state.ny.us/main/rehab/ 217 New York City Department of Probation. (n.d.). Juvenile Services. http://www.nyc.gov/html/prob/html/programs/juvenile_service s.shtml 218 New York City Department of Probation. (n.d.). Juvenile Services. http://www.nyc.gov/html/prob/html/programs/juvenile_service s.shtml 219 City of New York Mayors Office of Operations. (2008). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2008_mmr/0908 _mmr.pdf
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Joint Committee of the Association of the Bar of the City of New York and the New York County Lawyers' Association. (n.d.). Criminal justice system handbook. http://www.courts.state.ny.us/litigants/crimjusticesyshandbk.sh tml 221 New York City Department of Probation. (n.d.). Programs and Services. http://www.nyc.gov/html/prob/html/programs/programs_servi ces.shtml 222 9 NYCRR 352.4 223 NY CLS Family Court Act 360.1(3) 224 NY CLS Family Court Act 360.2(1) 225 NY CLS Family Court Act 360.2(3) 226 NY CLS Family Court Act 360.3(2) 227 NY CLS Family Court Act 360.3(2)(b) 228 NY CLS Family Court Act 360.3(6) 229 NY CLS Family Court Act 360.3(1) 230 NY CLS Family Court Act 360.3(6) 231 NY CLS Family Court Act 365.1 232 NY CLS Correction Law Article 24 233 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 234 9 NYCRR 8001.1 235 NY CLS Correction Law 803.1(d) 236 NY CLS Correction Law 803.1(d) 237 NY CLS Correction Law 803.1(d) 238 9 NYCRR 8002.2(a) 239 NY CLS Correction Law 806 240 NY CLS Correction Law 806.2 241 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 242 NY CLS Penal Law 70.40(1)(b) 243 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 244 NY CLS Executive Law 510-a 245 9 NYCRR 8001.3(a) 246 9 NYCRR 8001.3(b)(1) 247 9 NYCRR 8001.3(b)(1) 248 9 NYCRR 8001.3(b)(3) 249 9 NYCRR 8001.3(b)(3) 250 9 NYCRR 8001.3(c) 251 9 NYCRR 8001.3(b)(3) 252 9 NYCRR 8002.4(b) 253 9 NYCRR 8002.1(a) 254 9 NYCRR 8002.3 (e) 255 9 NYCRR 8002.5
256 257
9 NYCRR 8002.5(b)(5) 9 NYCRR 8002.5(d)(1) 258 9 NYCRR 8002.3(d) 259 9 NYCRR 8003.1(a) 260 9 NYCRR 8003.1(a) 261 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 262 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 263 9 NYCRR 8003.2 264 9 NYCRR 8004.2 265 9 NYCRR 8005.3 266 9 NYCRR 8005.7 267 9 NYCRR 8005.6(a) 268 9 NYCRR 8005.4 269 9 NYCRR 8005.7 270 9 NYCRR 8005.17(a) 271 9 NYCRR 8005.15 272 9 NYCRR 8005.19(e) 273 9 NYCRR 8005.16 274 9 NYCRR 8005.19(d) 275 New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf 276 New York State Division of Parole. (2007). New York State Parole handbook: Questions and answers concerning parole release and supervision. New York: Author. https://parole.state.ny.us/Handbook.pdf 277 9 NYCRR 8005.20 278 9 NYCRR 8002.6 279 9 NYCRR 8005.20(c)(1) 280 9 NYCRR 8005.20(c)(4) 281 9 NYCRR 8002.6(a) 282 9 NYCRR 8002.6(c)(1) 283 9 NYCRR 8002.6(d)(2) 284 9 NYCRR 8006.1 285 NY CLS Executive Law 510-a 286 9 NYCRR 169.3(a) 287 9 NYCRR 169.3(b) 288 9 NYCRR 169.3(c) 289 9 NYCRR 169.4(a) 290 9 NYCRR 169.4(d) 291 9 NYCRR 169.5(a) 292 9 NYCRR 169.5(b) 293 9 NYCRR 169.6(e)
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294 295
9 NYCRR 169.8(a) 9 NYCRR 169.8(a) 296 9 NYCRR 169.8(d) 297 9 NYCRR 169.10 298 Center for Court Innovation. (n.d.). Youthful Offender Domestic Violence Court. http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPa ge&PageID=608&currentTopTier2=true 299 Center for Court Innovation. (n.d.). Red Hook Youth Court. http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPa ge&PageID=581&currentTopTier2=true 300 Center for Court Innovation. (n.d.). Staten Island Youth Justice Center. http://www.courtinnovation.org/index.cfm?fuseaction=page.vi ewPage&pageID=673&nodeID=1 301 Center for Court Innovation. (n.d.). Harlem Youth Justice Center. http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPa ge&PageID=593&currentTopTier2=true 302 City of New York Mayors Office of Operations. (2009). Mayors Management Report. New York: Author. http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909 _mmr.pdf 303 Dawson, H.L. (2008, April 28). Oversight: Implementation of DJJs Release to Parent Initiative. Testimony of Herman L. Dawson, Deputy Commissioner for Legal Affairs and General Counsel, New York City Department of Juvenile Justice to the New York City Council Committee on Juvenile Justice. http://www.nyc.gov/html/djj/pdf/rtp_4_28_08_testimony.pdf 304 Dawson, H.L. (2008, April 28). Oversight: Implementation of DJJs Release to Parent Initiative. Testimony of Herman L. Dawson, Deputy Commissioner for Legal Affairs and General Counsel, New York City Department of Juvenile Justice to the New York City Council Committee on Juvenile Justice. http://www.nyc.gov/html/djj/pdf/rtp_4_28_08_testimony.pdf 305 New York State Office of Children and Family Services. (2008). County Directory of Juvenile Detention Facilities in New York State. New York: Author. http://www.ocfs.state.ny.us/main/publications/detention_direct ory.pdf 306 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost of the citys juvenile justice system. New York: New York City Independent Budget Office. http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf 307 Salsich, A. (2008, April 28). Juvenile Risk Assessment Instrument. Testimony of Annie Salsich, Associate Director, Center on Youth Justice, Vera Institute of Justice to the New York City Council Committee on Juvenile Justice. 308 Brennan, P. (2009). The NYC story: NYC Department of Probation Project Zero. Presentation by Patricia Brennan, New York City Department of Probation to Juvenile Detention Alternatives Initiative. http://www.jdaihelpdesk.org/Docs/Documents/Reducing%20C ommitments%20and%20Out-ofHome%20Placements%20(Brennan).pdf 309 NY CLS Family Court Act 353.1(1) 310 NY CLS Family Court Act 353.2(2)
311 312
NY CLS Family Court Act 315.3(1) NY CLS Family Court Act 315.3(2) 313 New York State Office of Children and Family Services. (2009). Youth in care: 2008 annual reportYouth placed in OCFS Custody Tables 1-12, Division of Juvenile Justice and Opportunities for Youth. Rensselaer, NY: New York Office of Strategic Planning and Policy Development. http://www.ocfs.state.ny.us/main/reports/asr08.pdf
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DESIGNER Ashley Cannon
PHOTOGRAPHY Photographs do not depict individuals or locations discussed in this report (with the exception of images of the New York County Family Court on pages 11 and 41). Julia Freeman-Woolpert: front cover Ashley Cannon: Acknowledgments page, pages 12, 38, 41 Jason Staten: page 4 Cyan Li: page 8 Miguel Saavedra: pages 10, 80 Andrew Beirne: page 11 Charlie Pineda: page 21 Manohar Dasari: page 37 Marco Giampaolo: pages 40, 44, 48 Tomasz Kobosz: page 58 Nicolas Hennette: page 78
Citizens Crime Commission of New York City 2010. All rights reserved. Additional copies are available from the Citizens Crime Commission of New York City, 212-608-4700. An electronic version is available on the Crime Commissions website: www.nycrimecommission.org For more information about the Crime Commissions juvenile crime initiatives, contact Ashley Cannon at cannon@caasny.com. The Citizens Crime Commission is an independent nonprofit organization working to make criminal justice and public safety policies and practices more effective through innovation, research, and education.
p: 212.608.4700 f: 212.350.2701 e: info@nycrimecommission.org www.nycrimecommission.org

Guide To Juvenile Justice in NYC

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CITIZENS CRIME COMMISSION

OF NEW YORK CITY

Guide to Juvenile Justice in New York City

Advisor: Judge Philip C. Segal (ret.)

Guide to Juvenile Justice in New York City

Citizens Crime Commission of New York City, Inc.

Guide to Juvenile Justice in New York City

A letter from Richard Aborn President of the Citizens Crime Commission

Governor Patersons Task Force on Transforming Juvenile Justice issued a set of

Citizens Crime Commission of New York City

Very truly yours,

Richard M. Aborn President

Guide to Juvenile Justice in New York City

Reform Timeline 2270 B.C. - 1979 A.D.

Citizens Crime Commission of New York City

Reform Timeline 1984 - Present

Guide to Juvenile Justice in New York City

LETTER FROM THE PRESIDENT

III: NEW YORK CITY JUVENILE JUSTICE SYSTEM

A. Juvenile Justice Process B. Continuum of Services

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

Exhibit 4: Designated Felonies

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

Citizens Crime Commission of New York City

Guide to Juvenile Justice in New York City

more information on these programs see the Continuum of Services section.

Citizens Crime Commission of New York City

Figure 1: Juvenile Justice System Flow Chart Juvenile Delinquent

Arrest & Intake

Juvenile Delinquent Arrest

Refer for prosecution

Law Department Reconsider Adjustment

NEW YORK CITY JUVENILE JUSTICE SYSTEM

Guide to Juvenile Justice in New York City

Admit to Non-Secure Detention

Admit to Secure Detention

Initial Court Appearance & Fact-Finding Hearing

Citizens Crime Commission of New York City

Dismissal or Post-Petition Adjustment or ACD

Initial Court Appearance

Juvenile admits to the petition Release charges to Parent (Low Risk)

Disposition Hearing & Post-Disposition Procedures

Probation Investigation & Report Disposition Hearing OR OR OR

Conditional Probation Discharge

Reenter Community Alternative to Placement Placement

Guide to Juvenile Justice in New York City

Figure 2: Juvenile Justice System Flow Chart Juvenile Offender

Citizens Crime Commission of New York City

Arrest & Intake

Juvenile Offender Arrest

Bridges Juvenile Center

Admit to Secure Detention

Arraignment & Trial

Dismissal or Found Not Guilty