guide to juvenile justice in nyc
TRANSCRIPT
Guide to Juvenile Justice in New York City
By: Ashley Cannon Richard Aborn John Bennett
Advisor: Judge Philip C. Segal (ret.)
CITIZENS CRIME COMMISSIONOF NEW YORK CITY
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.
Guide to Juvenile Justice in New York City
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.
Guide to Juvenile Justice in New York City
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A letter from Richard AbornPresident of the Citizens Crime Commission
The Crime Commission has been a long-time supporter of a comprehensive approach to preventing and respondingto juvenile crime. Juvenile crime is a priority in the Crime Commission’s work because effective prevention andintervention strategies can deter future criminality. The juvenile justice system is an important component inintervention strategies “because youth referred to court before the age of 13 are far more likely to become chronicoffenders than youth whose initial contact occurs at a later age.”1
New York’s juvenile justice system has reached a point of extreme crisis. With increasing frequency, reports offundamental breakdowns throughout the system have come to the public’s 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 Paterson’s Task Force on Transforming Juvenile Justice concluded that “New York State’s 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. TheBloomberg and Paterson Administrations have made a priority of enhancing public safety through improving theoutcomes of the juvenile justice system. Over the past few years, reforms have emerged at both the state and citylevel: • OCFS Commissioner Gladys Carrión 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 Paterson’s 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 city’s administration of juvenile detention by consolidating the Department of Juvenile Justice under the Administration for Children’s 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
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• 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 andimplemented, the Citizens Crime Commission of New York City has developed a Guide to Juvenile Justice inNew York City, to enhance the public’s understanding of the City’s juvenile justice policies and practices, whichcan often be confusing. This guide provides an overview of New York City’s juvenile justice system with historicalcontext, and highlights the recent efforts made by the City and State to expand alternative programs available tocourt-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. AbornPresident
Guide to Juvenile Justice in New York City
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Reform Timeline 2270 B.C. - 1979 A.D. 2270 B.C. Code of Hammurabi
A.D.
1797 NY Juveniles begin to be tried in Criminal Court
1824 NY Legislation requires youths to be in separate institutions from adults
1825 House of Refuge opens
1851 NY Juvenile Asylum opens
1865 Disorderly Child Act
1902 Manhattan Children’s Court opens
1924 Truly independent Children’s Court begins operation
1927 NY Court of Appeals rules to apply standards of Criminal Procedure to juvenile cases
1953 Manida Juvenile Center for girls opens in Hunts Point
1957 Spofford Juvenile Center for boys opens in Hunts Point
1962 NY Family Court Act creates the Family Court structure used today
1966 Kent v. United States - applies due process standards to proceedings to transfer juveniles to adult court
1967 In re Gault - applies 14th Amendment protections to juvenile cases
1968 Federal Juvenile Delinquency Prevention and Control Act
1970 In re Winship - changes the standard of proof in juvenile cases to ‘Beyond a Reasonable Doubt’
1971 McKeiver v. Pennsylvania - Supreme Court rules jury trial is not constitutionally required in juvenile cases
1974 Federal Juvenile Justice and Delinquency Prevention Act
1976 NY Juvenile Justice Reform Act
1978 NY Juvenile Offender Act
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1979 NYC Department of Juvenile Justice created
1984 Schall v. Martin - Supreme Court rules to allow the preventative detention of juveniles
1990 Juveniles viewed as “superpredators”
1998 Horizon and Crossroads Juvenile Centers open
1999 Bridges Juvenile Center opens
2001 NY expands the maximum age of status offenders from 16 to 18 providing more access to the PINS system
2006 NYC Department of Probation closes Alternative to Detention program
2007 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-to- Detention 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 York’s Juvenile Justice System
2009 U.S. Department of Justice investigation finds use of excessive force in NY juvenile placement facilities
Governor Paterson’s Task Force on Transforming New York’s Juvenile Justice System releases recommendations to reform the State’s juvenile placement process
2010 Mayor Bloomberg announces the consolidation of the city Department of Juvenile Justice and Administration for Children’s Services in State of the City address
Reform Timeline 1984 - Present
Guide to Juvenile Justice in New York City
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Table of Contents
Page Number
LETTER FROM THE PRESIDENT i
REFORM TIMELINE iii
I: INTRODUCTION 1
II: BACKGROUND 3
A. The Juvenile Under New York State Law 3
B. History 5
III: NEW YORK CITY JUVENILE JUSTICE SYSTEM 13
A. Juvenile Justice Process 19
B. Continuum of Services 45
APPENDIX 79
I. New York Juvenile Justice Statistics 81
II. National Juvenile Justice Statistics 95
ENDNOTES 99
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Page Number
EXHIBITS, NOTES, FIGURES, & TABLES
EXHIBIT 1: Deterrence 1EXHIBIT 2: Extended Jurisdiction 1
EXHIBIT 3: Detention and Placement Definitions 2 EXHIBIT 4: Designated Felonies 3 EXHIBIT 5: Person In Need of Supervision (PINS) 5 EXHIBIT 6: Parens Patriae 5 NOTE 1: New York City Domestic Relations Court 6 EXHIBIT 7: Status Offenses 7 EXHIBIT 8: Aftercare 9
FIGURE 1: Juvenile Justice System Flow Chart: Juvenile Delinquent 13FIGURE 2: Juvenile Justice System Flow Chart: Juvenile Offender 16NOTE 2: Youthful Offender and 16 & 17 year-old Arrests 19TABLE 1: Juvenile Arrests 19EXHIBIT 9: Risk Assessment Instrument 20TABLE 2: Juvenile Offender Cases CY2008 21EXHIBIT 10: Family Court 22EXHIBIT 11: Initial Court Appearance and Arraignment 22EXHIBIT 12: Criminal Court 23NOTE 3: Weekend Arraignment 24NOTE 4: Detention Administration 24EXHIBIT 13: MAYSI 26EXHIBIT 14: Fact-Finding Hearing and Trial 28EXHIBIT 15: Disposition Hearing and Sentencing Hearing 28EXHIBIT 16: Criminal Supreme Court 31Table 3: Range of Minimum and Maximum Sentences by Felony
Class Category Juvenile Offenders 31 EXHIBIT 17: Indeterminate and Determinate Sentence Definitions 35
EXHIBIT 18: Board of Parole 35EXHIBIT 19: Merit Time Eligibility 36TABLE 4: Example Release Eligibility Calculation 36EXHIBIT 20: Alternative Courts 42FIGURE 3: Juvenile Justice System Continuum of Services 45FIGURE 4: ATD Program Continuum of Supervision Services 51
Data Disclaimer: Organizations that collect data on the juvenile justicesystem 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 reportmay not be able to be compared on a one-to-one basis.
The NYC Government’s fiscal year runs from July 1st to June 30th.
Guide to Juvenile Justice in New York City
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INTRODUCTION
“No area of domestic policy…has been so thoroughly abandoned tomisinformation…emotion 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 City’s 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 otheranti-social behavior among the state’s young people.
Objectives are to:� Reduce violent and serious crime,� Prevent delinquency through positive youth development,� Promote individual accountability, and� Provide effective treatment and aftercare services for
youths involved in the system.
Theses objectives are based on the following principles:� The right of all citizens to public safety and protection,� The needs and rights of victims,� 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
In New York, juvenile jurisdiction encompasses youths over 7 and under 16
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
Exhibit 1: Deterrence
Deterrence is a behavioraloutcome of reduced offending orre-offending.
Specific Deterrence - refers tojuveniles who have come incontact with the justice system.
General Deterrence - refers tojuveniles in the population whomay engage in criminal activity.
Exhibit 2: Extended Jurisdiction
Extended jurisdiction allows theFamily Court judge to maintainauthority over a delinquency casepast the court’s originaljurisdiction for dispositionpurposes. In effect, the judgemay order a juvenile delinquentto remain under the supervisionof juvenile correctionalauthorities until his/her 21st
birthday instead of transferringthe individual to the adultcorrections system at age 16.
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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
placement—49.4% 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 neighborhoods—95%
of youths entering detention are of African-American or Latino decent;15 83% of
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 city’s 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
State—the 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 City’s Guide to Juvenile Justice in New
York City, is to enhance the public’s understanding of the City’s juvenile justice
policies and practices. This guide provides an overview of New York City’s 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.
Exhibit 3: Detention andPlacement Definitions
In the juvenile system,detention is the equivalentof jail in the adult criminaljustice system, andplacement is theequivalent of prison in theadult criminal justicesystem.
Guide to Juvenile Justice in New York City
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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 youth’s 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
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 Attorney’s 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
Exhibit 4: Designated Felonies
� Murder� Kidnapping� Arson� Assault� Manslaughter� Rape� Sodomy� Aggravated sexual abuse� Robbery� Burglary� Assault21
Citizens Crime Commission of New York City
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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 Attorney’s 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
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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 Delinquents—until
1851 when the Children’s 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 children’s 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
Exhibit 5: Person In Needof Supervision (PINS)
PINS status refers tosomeone under 18 years ofage who does not attendschool, or behaves in away considered dangerous.
Exhibit 6: Parens Patriae
The parens patriaedoctrine provides the“power of the state to actin behalf of the child andprovide care andprotection equivalent tothat of a parent.36
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Advocacy efforts culminated with the creation of the Manhattan Children’s 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 Children’s Court was established in New York City
(see note 1). Further reforms expanded the definition of juvenile delinquency to
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 Children’s Court’s limitations of split jurisdiction, lack of legal
representation, and procedural inefficiency. The Family Court Act created a county-
based system of trial courts dedicated to hearing matters involving adoption,
Note 1: New York CityDomestic Relations Court
In 1933, the New YorkCity Children’s Courtbecame the New YorkCity Domestic RelationsCourt.
Guide to Juvenile Justice in New York City
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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
Exhibit 7: Status Offenses
Status offenses are actswhich are only classified asviolations because of theoffender’s status as aminor, such acts includetruancy, running away,underage alcoholconsumption, and others. InNew York, youths whocommit status offenses arereferred to as Persons InNeed of Supervision(PINS).
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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 offenders—youths 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 City’s
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 Department’s 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
Guide to Juvenile Justice in New York City
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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 York’s detention policies gained national
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
environment—and DJJ had been seeking to replace it with smaller, less
institutional facilities, in more accessible locations since its creation—funding
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 renamed—Bridges Juvenile Center—for
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 OJJDP’s 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 “superpredators”—youths 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
Exhibit 8: Aftercare
Aftercare is programmingprovided to youths dischargedfrom detention or placement.Aftercare programming linksyouths to community-basedservices to address theirspecific needs and providessupervision and structure tofacilitate the successful reentryof the youth back into thecommunity. Services mayinclude mental health or drugtreatment, or supervision in theform of drug testing oremployment verification.
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was not until the late 90s that statistics discredited this theory—the 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 population—but
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 government’s 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. OJJDP’s
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 Bloomberg’s 2007
Guide to Juvenile Justice in New York City
11
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 youth’s 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-to-
Detention (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
Children’s 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 Paterson’s 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 Children’s Services.72
i For more information on these programs see the Continuum of Services section.
Citizens Crime Commission of New York City
12
Guide to Juvenile Justice in New York City
13
NEW YORK CITY JUVENILE JUSTICE SYSTEM
Juve
nile
Del
inqu
ent
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st
Tran
spor
t to
Fam
ily C
ourt
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batio
nIn
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toPa
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Adm
it to
Non
-Sec
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it to
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ure
1:Ju
veni
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stem
Flo
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Rec
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Petit
ion
Citizens Crime Commission of New York City
14
Initi
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ourt
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Guide to Juvenile Justice in New York City
15
Dis
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Citizens Crime Commission of New York City
16
Juve
nile
Offe
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st
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2:Ju
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Guide to Juvenile Justice in New York City
17
Crim
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Cou
rtAr
raig
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amily
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adG
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Citizens Crime Commission of New York City
18
Sent
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arge
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:
Ree
nter
Com
mun
ity
Guide to Juvenile Justice in New York City
19
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 Offenderand 16 & 17 year-old Arrests
Youthful Offenders are notidentified as such at this pointof the justice process. Youths16 years and older who arearrested are transported fromthe police precinct directly toCriminal Court forarraignment. If they are notreleased on recognizance orbail following arraignment,these youths are jailed in NewYork City Department ofCorrection facilities. Theircases follow the same processas Juvenile Offenders , withthe exception that their casescannot be removed to FamilyCourt.
Table 1: Juvenile Arrests
12,558Total number of juvenile arrests, for both juvenile and juvenileoffender acts in CY2008.75
2,223Total number of arrests made for juvenile offender offenses inCY2008.76
4,207
Total number of juveniles ages 7 through 15 arrested for majorfelony offenses, including murder and nonnegligent manslaughter,forcible rape, robbery, felonious assault, burglary, grand larceny,and grand larceny auto, in FY2009.77
Citizens Crime Commission of New York City
20
Juvenile Delinquent Case
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 youth’s 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 days—this 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
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 Department’s 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
For cases referred for prosecution, during the intake process,
the Probation Officer will complete the Risk Assessment Instrument
(RAI) to objectively measure the youth’s 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
11,846total Probationintakes in FY200983
28%of intakes were divertedthrough adjustment84
59%of intakes were filedfor prosecution85
Exhibit 9: Risk Assessment Instrument
The RAI measures the risk of failure toappear based on the following factors:
�� Whether an adult appeared on behalf of the juvenile at probation intake;
�� Whether the youth has an open juvenile delinquent warrant;
�� Whether the youth’s 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.
The tool measures the risk of being re-arrested based on:�� Whether the youth has prior unsealed arrests or prior unsealed felony arrests;�� Whether the youth has prior juvenile delinquent adjudications or designated felony adjudications;�� Whether the youth is currently on juvenile delinquent probation; and�� Whether the youth’s school attendance is more than 80%.86
Guide to Juvenile Justice in New York City
21
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 case—either 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 Attorney’s 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
2,223Total number of juvenile arrests for juvenileoffender crimes.90
30%Percent of cases docketed for arraingment—the remainder were either declinded forprosecution or transferred to Family Court.91
Citizens Crime Commission of New York City
22
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
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
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
Exhibit 10: Family Court
Part of the New York StateUnified Court System, county-based Family Courts holdjurisdiction over delinquencyproceedings. Family Courts aretrial courts of limited jurisdiction,hearing matters involvingadoption, guardianship, fostercare approval and review, juveniledelinquency, family violence,child abuse and neglect, and childsupport, custody and visitation.93
In New York City Family Courtsjudges are appointed by theMayor to 10-year terms.
Exhibit 11: Initial CourtAppearance & Arraignment
Initial Court Appearance - Thefirst appearance in Family Courtcases. At this hearing, the youth isnotified of the charges and his/herrights, and then admits or deniesthe charges. The judge will alsodetermine whether a youth is tobe detained or released whilejudicial proceedings are pending.
Arraignment - The first courtappearance in Criminal Courtcases and the final stage of thearrest process. At this hearing thedefendant is notified of thecharges and his/her rights andthen enters a plea of guilty or notguilty. Following the plea thejudge makes a bail decision.
Guide to Juvenile Justice in New York City
23
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
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
5,833youths were admitted
to detention in FY2009102
Exhibit 12: Criminal Court
Also part of the New York State UnifiedCourt System, New York City CriminalCourt has preliminary jurisdiction over allarrests processed in the five boroughs bystate and local law enforcement agencies.The majority of felony, misdemeanor andpetty offense cases are arraigned inCriminal Court. In New York CityCriminal Courts judges are appointed bythe Mayor to 10-year terms.103 New YorkCity Criminal Court has trial jurisdictionover all misdemeanor* cases notprosecuted by indictments and oversummons matters. In addition, CriminalCourt has preliminary jurisdiction overfelony cases. Felony cases are arraigned inCriminal Court then, if not disposed,adjourned to a Felony Waiver Part to awaitthe decision of the Grand Jury. Felonycases are transferred to Supreme Courtafter a grand jury votes an indictment.
*In Bronx County, misdemeanor cases thatare not disposed at arraignment aretransferred to Supreme Court for trial.
660juvenile offender cases were
arraigned in Criminal Courtin CY2008*104
48%of youths were detained
pending trial105
*Excludes cases prosecuted in Staten Island
Citizens Crime Commission of New York City
24
of 16 is criminally responsible but there is reasonable cause to believe the
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
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
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 facility112—the
Family Court Act prohibits the detention of youths under the age of 10 in
secure facilities.113 New York City’s juvenile detention system is
administered by the Administration for Children’s Services (ACS), an entity
of New York City government (see note 4). New York State has nine secure
detention facilities—three operating in New York City (Horizons,
Crossroads, and Bridges).114 Both Juvenile Delinquents and Juvenile
Offenders are detained in Administration for Children’s Services facilities.
The judge may decide whether a youth is admitted to either a secure or a
135juvenile offender casesdocketed in NYC criminalcourts were removed toFamily Courtin CY2008106
642cases were disposedat this point107
87cases were disposedby transfer toFamily Court108
Note 3: Weekend Arraignment
Beginning May 31, 2008, NYCbegan weekend arraignment (initialcourt appearance) of youths underage 16 in Manhattan Criminal Courtto decrease the utilization of policeadmits to detention.
Note 4: Detention Administration
Prior to 2010, NYC juveniledetention was administered by theCity Department of Juvenile Justice.The Department was consolidatedwith the Administration forChildren’s Services in an effort toexpand the services available tocourt-involved youths.
Guide to Juvenile Justice in New York City
25
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 city—the
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
5,833total admissions to detentionin FY2009 (majority alleged
juvenile delinquents)123
279average daily population
in secure detention124
151average daily population
in non-secure detention125
20 daysaverage length of stayin secure detention126
32 daysaverage length of stay
in non-secure detention127
ii See Continuum of Services section for more information.
Citizens Crime Commission of New York City
26
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
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
Exhibit 13: MAYSI
The MAYSI is a screeningtool developed to identifyyouths age 12 to 17 in thejuvenile justice system whohave mental health needs.
The tool consists of 52 yes orno questions to be completedby the youth. MAYSI is basedon seven scales for boys andsix scales for girls. Scalesmeasure the following:� Alcohol/Drug Use� Anger-Irritable� Depressed-Anxious� Somatic Complaints� Suicide Ideation� Thought Disturbance
(boys only)� Traumatic Experiences.128
Guide to Juvenile Justice in New York City
27
management must be provided to all youths in custody soon after admission and a
master’s level social worker must supervise case managers. In addition to the
mandated services, the detention administration has collaborated with community-
based 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 City’s 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
1,800total youths per year the
Department of ProbationATD program has
capacity to serve140
iii For more information about alternative to detention programs see the Continuum of Services section.
Citizens Crime Commission of New York City
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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
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 youth’s home and school behavior.144
If the judge finds the allegations are invalid, the petition is dismissed and the
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
Exhibit 14: Fact-FindingHearing & Trial
Fact-Finding Hearing - TheFamily Court judge determineswhether there is sufficientevidence to sustain theallegations in a petition.
Trial - A Supreme Court judgeor jury decides whether thedefendant is guilty or not guiltyof the charges against him/her.
Exhibit 15: Disposition Hearing& Sentencing Hearing
Disposition Hearing - TheFamily Court judge pronouncesthe resolution of the case. TheJuvenile Delinquent is informedof the terms of his /her sentence.
Sentencing Hearing - TheCriminal Court judgepronounces the punishment. TheJuvenile Offender or YouthfulOffender is informed of theterms of his/her sentence.
Guide to Juvenile Justice in New York City
29
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 interview—which includes information from the youth, guardians, school,
community-based programs, and other sources.150 To support the I&R and the
officer’s 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
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 Officer’s
recommendation, order a different finding, or find that the youth is not in need of
supervision, treatment, or confinement—dismissing the petition.158 For non-
designated felony cases, the judge must choose the least restrictive disposition option
available.159
71%NYC Law
Department juveniledelinquency conviction
rate in FY2009160
5,295cases were disposed
in Family Courtin CY2008
(includes court orderviolations and
modifications)161
35%of cases received aplacement order162
43%of cases received aprobation order163
15%of cases received an
adjournment incontemplationof dismissal164
7%of cases received
a conditionaldischarge order165
Citizens Crime Commission of New York City
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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
Court (see exhibit 16) for formal charging.168 In Supreme Court, another
arraignment will be held where the youth will enter a plea—either guilty or not
guilty—to 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
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 sealed—the conviction will appear on the
youth’s criminal record.176
429cases were arraigned inCriminal Supreme Courtin CY2008177
38%of cases were detainedpending trial178
15cases were removed toFamily Court atarraignment179
315cases were disposed180
75%of cases were convicted181
33Cases were removed toFamily Court atsentencing182
225cases were sentenced183
49cases were sentenced asjuvenile offenders184
78%of sentenced casesreceived a youthfuloffender finding185
Guide to Juvenile Justice in New York City
31
Exhibit 16: Supreme Court
Part of the New York State Unified CourtSystem, Supreme Court is a trial court ofunlimited, original jurisdiction. The CriminalTerm of the Supreme Court is responsible foradjudication of all felony prosecutions.
After indictment, the juvenile offender case istransferred to Supreme Court for trial. The casewill be heard in a specialized courtroom called“Juvenile Offender Part” (JO Part). The casewill be assigned to a JO Part for Supreme Courtarraignment or subsequent to arraignment.(There are no JO Parts in Staten Island courts.)
Table 3: Range of Minimum and Maximum Sentences by Felony Class Category - Juvenile Offenders187
Ages CrimeClassification Specific Crime Minimum
Sentence RangeMaximum
Sentence Rage
14 & 15 A-I Murder 2nd (except Felony Murder)PL § 125.25(1)(2) 7 ½ – 15 Years Life
13 A-I Murder 2nd (except Felony Murder)PL § 125.25(1)(2) 5 – 9 Years Life
14 & 15 A-IMurder 2nd (Felony Murder includedbut restricted to felonies listed below)PL § 125.25(3)
5 – 9 Years Life
14 & 15 A-I Arson 1st PL § 150.20Kidnapping 1st PL § 135.25 4 – 6 Years 12 – 15 Years
14 & 15 B-Violent
Aggravated Sexual Abuse 1st PL §130.70Arson 2nd PL § 150.15Assault 1st (intentional) PL §120.10(1)(2)Attempt Kidnapping 1st PL §110/135.25Attempt Murder 2nd PL § 110/125.25Burglary 1st PL § 140.30Manslaughter 1st PL § 125.20Rape 1st (non-consensual) PL §130.35(1)(2)Robbery 1st PL § 160.15Sodomy 1st (non-consensual) PL §130.50(1)(2)
1/3 MaximumSentence 3 – 10 Years
14 & 15 C-Violent
Burglary 2nd (weapon or injury) PL §140.25(1)Robbery 2nd (weapon or injury) PL §160.10(2)Possession of Weapon 2nd (on schoolgrounds) PL § 265.03
1/3 MaximumSentence 3 – 7 Years
14 & 15 D-Violent Possession of a Weapon 3rd (on schoolgrounds) PL § 265.02(4)
1/3 MaximumSentence 3 – 4 Years
2,50416- and 17-year-olds
received youthful offenderadjudications in CY2008186
Citizens Crime Commission of New York City
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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 juvenile’s 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.
86%of Juvenile Offenderswere sentenced toplacement in CY2008188
40%of Juvenile Offender-Youthful Offenders weresentenced to placement inCY2008189
1,632youths entered OCFSplacement in CY2008190
1,009or 62% of youths werefrom New York City191
38of the NYC juvenilesadmitted to OCFS wereJuvenile Offenders192
82of the NYC juvenilesadmitted to OCFS wereJuvenile Offender-Youthful Offenders193
886of the NYC juvenilesadmitted to OCFS wereJuvenile Delinquents194
10.1 & 17.3average lengths of stay inmonths in OCFSplacement for JuvenileDelinquents and JuvenileOffenders, respectively195
Guide to Juvenile Justice in New York City
33
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
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
justice process.215 Many programs have acknowledged the need for sustained
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
45%of new admissions of
Juvenile Offendersand Youthful Offenders
to DOCS were fromNew York City
in CY2008204
8of the NYC juveniles
admitted to DOCS wereJuvenile Offenders205
277of the NYC juveniles
admitted to DOCS wereYouthful Offenders206
60.4 & 14.7average length of stay in
months in DOCS custodyfor Juvenile Offenders and
Youthful Offenders,respectively207
2,452juveniles were sentenced
to probation in CY2008208
650juveniles enteredIAP in CY2008209
361of the juveniles who
entered IAP were fromNew York City210
iv For more information about alternative to placement programs see the Continuum of Services section.v For more information about aftercare services see the Continuum of Services section.
Citizens Crime Commission of New York City
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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
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
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
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 violation—describing 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
4,497total number of JuvenileDelinquents theDepartment of Probationsupervised in FY2008,including:217
2,216in alternative programs(e.g. Esperanza, and ACSJuvenile JusticeInitiative)218
749juvenile probationerswere rearrested219
Guide to Juvenile Justice in New York City
35
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
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 17:Indeterminate &Determinate Sentences
Indeterminate Sentence - Acourt imposed sentence toincarceration set as a minimumand a maximum term.Individuals serving this type ofsentence are eligible for Parolerelease consideration.
Determinate Sentence - A courtimposed sentence toincarceration set as a maximumterm. The sentence includes amandatory term of post-releasesupervision. Individuals servingthis type of sentence are eligiblefor Conditional Release.
Exhibit 18: Board of Parole
The Board of Parole is a 19-member body who makedeterminations for thediscretionary release ofincarcerated individuals servingindeterminate sentences. Whena release is granted, the Boardsets conditions that must befollowed during the parole term.Board members are appointedby the Governor and confirmedby the Senate to serve six-yearterms.
Citizens Crime Commission of New York City
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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
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 CalculationType of Release Required Term Eligible for Release
Indeterminate Sentence 730 days to 1460 days(2 years to 4 years)
Parole Board Interview Minimum Sentence 730 daysMerit Time 5/6 of Minimum Sentence 608 days
Presumptive Release 5/6 of Minimum Sentence 608 daysConditional Release 2/3 of Maximum Sentence 973 days
Determinate Sentence 1460 days (4 years)Conditional Release 6/7 of Maximum Sentence 1251 days
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
Guide to Juvenile Justice in New York City
37
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 juvenile’s 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
Citizens Crime Commission of New York City
38
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
Guide to Juvenile Justice in New York City
39
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 re-
incarceration.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 admittedto OCFS in CY2008275
Citizens Crime Commission of New York City
40
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 violator’s 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
Guide to Juvenile Justice in New York City
41
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 worker’s 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
Citizens Crime Commission of New York City
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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.
Brooklyn’s Youthful Offender Domestic Violence Court298
Brooklyn Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201347-404-9400
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 Attorney’s 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 Attorney’s
Office, works to link victims to social services.
Red Hook Community Justice Center299
88 Visitation Place, Brooklyn, NY 11231718-923-8280
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 Brooklyn’s
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 10301718-679-9410
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
Guide to Juvenile Justice in New York City
43
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 10035212-360-4110
The Harlem Community Justice Center operates two alternative juvenile courts for youths engaged in
delinquent behavior in East and Central Harlem—the 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 youth’s 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 youth’s 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.
Citizens Crime Commission of New York City
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Guide to Juvenile Justice in New York City
45
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 court-
involved youths throughout New York City.
FIGURE 3: Juvenile Justice System Continuum of Services
Pre-Adjudication
• Adjustment
• Release to Parent
• Alternative-to- Detention Programs
• Non-Secure Detention
• Secure Detention
LeastRestrictive
Dispositions
MostRestrictive
• ACD
• Conditional Discharge
• Probation
• Probation with Intensive Services
• Alternative-to- Placement Programs
• Placement
Citizens Crime Commission of New York City
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Pre-Adjudication
Intake
AdjustmentProgram DescriptionThe Department of Probation, at its discretion, may adjust a case after intake upon receiving consent from thecomplainant. During the adjustment process, the Probation Officer works with the parties involved to resolve thecase outside of court. This process is authorized for a period of 60 to 120 days. During this period the Departmentof Probation supervises the juvenile and ensures the juvenile adheres to certain requirements such as communityservice and/or restitution.
Eligibility Requirements / Target PopulationArrested youths who are not a risk to public safety.
Counties / Courts ServedAll 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 InitiativeProgram DescriptionThe Department of Juvenile Justice’s (now ACS) Release-to-Parent Initiative seeks to divert low-risk youths fromfurther involvement with the justice system by releasing them to their families with a Family Court AppearanceTicket.303
Eligibility Requirements / Target PopulationYouths who are brought to Bridges Juvenile Center for intake are assessed by intake staff. Staff review thejuvenile’s charges and prior court involvement to determine eligibility for release. If found eligible, intake staffcontact the youth’s guardian to coordinate their release.
Counties / Courts ServedAll NYC counties.
Program CapacityBetween October 2007 and April 2008, 1,378 youths were screened for possible release, of those 256 were foundeligible. Of the 256 youths eligible for release, 31% were sent home. The most common reason eligible youthswere not released is that their parent or guardian could not be reached.304
ContactOrganization did not provide.
Guide to Juvenile Justice in New York City
47
Detention305
New York City Secure Detention
Bridges Juvenile Center1221 Spofford AvenueBronx, NY 10474Donna Locke, Executive Director718-764-2754
Horizon Juvenile Center560 Brook Avenue, Bronx, NY 10455Eduardo Marcial, Executive Director718-292-0065 ext. 149
Crossroads Juvenile Center17 Bristol Street, Brooklyn, NY 11212Migdalia Aldea, Executive Director718-495-8160 ext. 183
New York City Non-Secure Detention
Beach Avenue 11101 Beach Avenue, Bronx, NY 10472John Brooks, Facility Director718-597-3842
Beach Avenue 21103 Beach Avenue, Bronx, NY 10472John Brooks, Facility Director718-597-3842
145th Street419 W. 145th StreetNew York, NY 10031Janet Gordon-Small, Facility Director212-690-0410
Catholic Guardian Society – Bronx743 E. 243rd Street, Bronx, NY 10470Michael Vaz, Facility Director718-994-6545
Catholic Guardian Society – Brooklyn3402 Claredon RoadBrooklyn, NY 11203Sekou Smith, Facility Director718-856-3052
Episcopal Social Services – New Bridge2604 Davidson AvenueBronx, NY 10468 Jermaine Miller, Facility Director718-329-9943
Episcopal Social Services – New View3620 Marolla Place, Bronx, NY 10466Jermaine Miller, Facility Director347-920-4071
Girls/Boys Town – Bergen St535 Bergen Street, Brooklyn, NY 11217Prescott Benson, Facility Director718-636-2130
Girls/Boys Town – Dean St525 Dean Street, Brooklyn, NY 11217Barbara Youyoute, Acting Facility Director718-636-3110
Girls/Boys Town – Marolla3675 Marolla Place, Bronx, NY 10466Carolyn Slade, Facility Director718-653-9586
Good Shepherd Services – Mandela House2207 University AvenueBronx, NY 10453Robert Taylor, Facility Director718-561-0251
Good Shepherd Services – Barbara Blum262 9th Street, Brooklyn, NY 11215Angela Williams, Facility Director718-832-5737
Good Shepherd Services – Peter J Sharp House1315 Plimpton AvenueBronx, NY 10452Donald Cofield, Facility Director718-293-9091
Lutheran Social Services – Clinton Ave521 Clinton AvenueBrooklyn, NY 11238Lindsay Brown, Facility Director718-789-2911
Citizens Crime Commission of New York City
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New York City Non-Secure Detention (continued)
Outreach Haven4353 Robinson StreetFlushing, NY 11355Geraldine Silva, Facility Director718-358-6300
Salvation Army – Lenox House131 W. 132nd StreetNew York, NY 10027Anisa Kline, Facility Director212-926-1236
St. Johns Richmond Hill Residence13020 107th AvenueS. Richmond Hill, NY 11419Michael Doctor, Facility Director718-843-7455
Guide to Juvenile Justice in New York City
49
Alternatives to Detention and Aftercare
Alternative-to-Detention Program
Program DescriptionThe Department of Probation’s Alternative-to-Detention (ATD) Program offers three levels of supervision witha focus on maintaining the youth’s ties to the community by utilizing local services and continuing schoolenrollment. 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 countyand the Department of Probation supervises youths on intensive community monitoring. Each level of supervisionconsists of the following components:
�� 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:
�� group and individual counseling;�� educational assistance;�� anger management;�� conflict resolution; and�� 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 lowersupervision level, or should be referred back to Family Court for reconsideration of detention.306 (see figure 4)
Eligibility Requirements / Target PopulationYouths 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 ascore to assess a youth’s risk of failure to appear in court and risk of re-arrest prior to court appearance. Based onseveral factors including prior history, school engagement, and current offense, a risk-level score is generated oflow, 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 RAIoffers the judge objective information to assist in the detention decision. The results of the RAI are in no waybinding—the judge maintains full discretion over the placement of the youth.307
Citizens Crime Commission of New York City
50
Counties / Courts ServedThe ATD Program serves all NYC counties.
Program CapacityIt is anticipated that the program, which began in 2007, will serve up to 1,800 youths annually—approximately600 youths on community monitoring and after-school supervision and 600 youths on intensive communitysupervision.
ContactBronx County: Urban Youth Alliance – Bronx Connect
Patricia Riley, Director of Bronx Connect at 718-402-6872 or [email protected]
Kings County: Center for Community Alternatives – Choices UnlimitedCadija Tibbs, Court Services Manager at 212-691-1911 or [email protected] Sheriod, Project Director of After School Program at 718-858-9658 ext. 217 [email protected]
New York County: CASES – ChoicesJoseph McLaughlin, Director of Youth Programs at 212-553-6650 or [email protected]
Richmond County: Center for Court Innovation – Project READYMelissa Gelber, Project Director at 718-679-9410 or [email protected]
Queens County: Center for Court Innovation – QUESTDavid Long, Project Director at 718-233-4014 or [email protected]
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
Guide to Juvenile Justice in New York City
51
Cour
t app
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FIG
UR
E 4
:ATD
Pro
gram
Con
tinuu
m o
f Sup
ervi
sion
Ser
vice
s308
Citizens Crime Commission of New York City
52
Youth Advocacy Project
Program DescriptionThe Center for Community Alternatives offers the Youth Advocacy Project (YAP) a community-based intensivesupervision alternative-to-detention program for Juvenile Offenders. YAP provides supervision and casemanagement services for up to one year pending sentencing. Participants receive services including: monthlyprogress reports; supervision of school attendance and school visits; curfew monitoring; referrals to community-based services; home visits; random drug testing; HIV/AIDS prevention and education services; life skillsworkshops; family therapy; parent support workshops; educational and vocational counseling; referrals tocommunity service placement; and transportation fare to-and-from the program.
Eligibility Requirements / Target PopulationYAP is available for youths ages 12 to 16 who have been charged with a felony offense committed prior to their16th birthday and are detained at a juvenile detention center.
Counties / Courts ServedYAP serves all NYC counties.
Program CapacityYAP serves approximately 60 youths per year.
ContactCadija Tibbs, Court Services Manager at 212-691-1911 or [email protected] Lumumba, Assistant Director of Youth Services at 718-858-9658 ext. 214 [email protected]://www.communityalternatives.org/programs/YAP.html
Guide to Juvenile Justice in New York City
53
Uth Turn Program
Program DescriptionThe Fund for Community Leadership, Inc. operates the Uth Turn Program an alternative-to-detention programfor youths ages 13 - 21. The program seeks to improve school attendance and academic performance, improvefamily relationships, and promote leadership. Uth Turn offers mentoring, group and individual counseling, familyinvolvement, and positive peer interaction and healthy personal associations, to achieve its objectives.
Eligibility Requirements / Target PopulationUth Turn is available for pre-trial youths ages 13 to 21.
Counties / Courts ServedUth Turn serves all NYC counties.
Program CapacityUth Turn plans to serve 300 youths in 2009-10.
ContactRev. Dr. C. Vernon Mason, Chief Executive Officer at 212-870-1237 or [email protected]://www.uth-turn.org/home.htm
Citizens Crime Commission of New York City
54
Collaborative Family Initiative
Program DescriptionThe Department of Juvenile Justice’s (now ACS) Collaborative Family Initiative provides discharge planning fordetained youths with mental health needs. The program assists youths with enrollment in community psychiatricservices prior to release from the detention facility. This voluntary program requires family consent andparticipation. 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 theyouth. Services are provided for up to 90 days and are not contingent on disposition of the case.
Eligibility Requirements / Target PopulationThe Collaborative Family Initiative is available on a voluntary basis to youths detained in NYC secure ornon-secure detention facilities who have been identified as having mental health needs.
Counties / Courts ServedCollaborative Family Initiative serves all NYC counties.
Program CapacityOrganization did not provide.
ContactOrganization did not provide.
Guide to Juvenile Justice in New York City
55
LIFE Transitions Program
Program DescriptionThe LIFE Transitions Program is offered to youths who are returning to the community from detention. An aftercareprogram, the LIFE Transitions Program provides life skills instruction inside Crossroads and Horizons detentionfacilities and transitional planning services within the community upon release. This voluntary program providesservices for a minimum of 90 days including: school re-enrollment and engagement; continuation of all servicesreceived within detention; mental health treatment referrals; substance treatment referrals; vocational trainingreferrals and placement assistance; educational support referrals; family reunification services; life skillsworkshops; HIV/AIDS prevention and education services; referrals to community-based services; andtransportation fare to-and-from the program.
Eligibility Requirements / Target PopulationYouths returning to the community from Crossroads and Horizons detention facilities who have participated inat least one workshop while detained.
Counties / Courts ServedLIFE Transitions serves all NYC counties.
Program CapacityTransitional planning is provided to approximately 90 youths per year at each of the two sites.
ContactCrossroads Juvenile Center ProgramCenter for Community Alternatives:Delores Moody, Program Coordinator at 718-858-9658 ext. 213 or [email protected] Heilman, Director of Youth Services at 718-858-9658 ext. 215 [email protected]://www.communityalternatives.org/programs/lifeTransitions.html
Horizons Juvenile Center ProgramGood Shepherd Services:Kerrie Thompson, Group Living Director at 212-475-4245 ext. 710http://www.goodshepherds.org/
Citizens Crime Commission of New York City
56
Dispositions
PlacementOCFS RECEPTION CENTERS
Ella McQueen Reception Center for Boys41 Howard AvenueBrooklyn, NY 11221-4015Rich Trudeau, Director718-574-2060Boys Facility, in Kings County
Tryon Girls Reception Center881 County Route 107Johnstown, NY 12095Anita Sapio, Director518-762-4681Girls Facility, in Fulton County
OCFS SECURE FACILITIES
Brookwood Secure CenterPO Box 265 or419 County Rt 29Claverack, NY 12513-0265E. Patrick Sullivan, Director518-851-3211Boys Facility, in Columbia County
Goshen Secure Center97 Cross RoadGoshen, NY 10924-9998Bobby Ray Smith, Director845-615-3000Boys Facility, in Orange County
Industry Secure Center101 Ryder Hill RoadRush, NY 14543-9535Alvin Lollie, Director585-533-2800Boys Facility, in Monroe County
MacCormick Secure Center300 South RoadBrooktondale, NY 14817-9723Joseph Maffia, Director607-539-7121Boys Facility, in Tompkins County
Tryon Girls Center881 County Highway 107Johnstown, NY 12095-3771Anita Sapio, Director518-762-2331Girls Facility, in Fulton County
OCFS LIMITED SECURE FACILITIES
Highland Residential Center629 North Chodikee Lake RoadHighland, NY 12528-2726Farooq Mallick, Director845-691-6006Boys Facility, in Ulster County
Industry Residential Center375 Rush-Scottsville RoadRush, NY 14543-9504Alvin Lollie, Director585-533-2600Boys Facility, in Monroe County
Finger Lakes Residential Center250 Auburn RoadLansing, NY 14882-9088Rodney White, Director607-533-5000Boys Facility, in Tompkins County
Sgt. Henry Johnson Youth Leadership Academy57081 State Highway 10South Kortright, NY 13842-0132Rueben Reyes, Director607-538-1401Boys Facility, in Delaware County
Taberg Residential Center10011 Taberg-Florence RoadRR 1, Box 139Taberg, NY 13471-7735Richard Hogeboom, Acting Director315-245-0084Boys Facility, in Oneida County
Guide to Juvenile Justice in New York City
57
Tryon Residential Center881 County Highway 107Johnstown, NY 12095-3771Joseph Impicciatore, Director518-762-4681Boys Facility, in Fulton County
Tryon Girls Center881 County Highway 107Johnstown, NY 12095-3771Anita Sapio, Director518-762-2331Girls Facility, in Fulton County
OCFS NON-SECURE /NON-COMMUNITY BASED FACILITIES
Allen Residential Center56957 State Highway 10South Kortright, NY 13842-0018Ruben Reyes, Director607-538-9121Boys Facility, in Delaware County
Annsville Residential CenterRural Route 110011 Taberg-Florence RoadTaberg, NY 13471-9735Richard Hogeboom, Director315-245-1720Boys Facility, in Oneida County
Brentwood Residential Center1230 Commack RoadDix Hills, NY 11746-8215Sandra Bryce, Director631-667-1188Girls Facility, in Suffolk County
Brooklyn Residential Center1125 Carroll StreetBrooklyn, NY 11225-2202Valerie Fitts, Director718-773-2041Girls Facility, in Kings County
Harriet Tubman Residential Center6706 Pine Ridge RoadAuburn, NY 13021-8781315-255-3481Brenda Aulbach, DirectorGirls Facility, in Cayuga County
Lansing Residential Center270 Auburn RoadLansing, NY 14882-8944Annette Larrier, Director607-533-4262Girls Facility, in Tompkins County
Middletown Residential Center393 County Road 78Middletown, NY 10940-6842Stephen Langbein, Acting Director845-342-3936Boys Facility, in Orange County
Red Hook Residential Center531 Turkey Hill RoadRed Hook, NY 12571-9440Edward Figueroa, Director845-758-4151Boys Facility, in Dutchess County
Southern NY Residential Center170 East 210th StreetBronx, NY 10467-9995Joesph Dennison, Director718-798-6660Boys Facility, in Bronx County
Staten Island Residential Center1133 Forest Hill RoadStaten Island, NY 10314-6396Faye Lewis, Director718-761-6033Girls Facility, in Richmond County
Citizens Crime Commission of New York City
58
OCFS NON-SECURE FACILITIESCOMMUNITY RESIDENTIAL HOMES
Staten Island Community Residential Home211 Holden BoulevardStaten Island, NY 10314-6313Faye Lewis, Director718-773-2043Girls Facility, in Richmond County
OCFS NON-RESIDENTIAL
Sgt. Henry Johnson City Challenge272 Jefferson AvenueBrooklyn, NY 11216-1702Ruben Reyes, Director718-638-2525 or 2510Co-Ed Facility, in Kings County
Guide to Juvenile Justice in New York City
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Alternatives to Placement and Aftercare
Conditional Discharge
Program DescriptionA judge may sentence a juvenile to Conditional Discharge for up to one year, if the court finds “neither the publicinterest nor the ends of justice would be served by a placement and that probation supervision is notappropriate.”309 The court may order conditions including but not limited to: “(a) attend school regularly and obeyall rules and regulations of the school; (b) obey all reasonable commands of the parent or other person legallyresponsible for the respondent’s [juvenile] care; (c) abstain from visiting designated places or associating withnamed individuals; (d) avoid injurious or vicious activities; (e) cooperate with a mental health, social services orother appropriate community facility or agency to which the respondent [juvenile] is referred; (f) make restitutionor perform services for the public good…; (g)…attend and complete an alcohol awareness program…; (h) complywith such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate theconduct which gave rise to the filing of the petition or to prevent placement…”310
Eligibility Requirements / Target PopulationLow or moderate risk juveniles or those deemed appropriate by the court are eligible for conditional discharge.
Counties / Courts ServedAll NYC counties.
Program CapacityNo limit.
Adjournment in Contemplation of DismissalProgram DescriptionAt any time prior to the entering of a finding and with consent of the juvenile, the court may order the proceedingbe adjourned in contemplation of dismissal for up to six months.311 The court will release the juvenile with termsand conditions to follow to achieve dismissal of the case. Such terms and conditions may include: probationsupervision; and/or cooperation with a mental health, social services or other appropriate community facility oragency.312
Eligibility Requirements / Target PopulationLow-risk juveniles or those deemed appropriate by the court.
Counties / Courts ServedAll NYC counties.
Program CapacityNo limit.
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Probation Supervision
Program DescriptionThe Department of Probation provides supervision and case management for juvenile delinquents for up to twoyears. Each youth is assigned a Probation Officer who develops a reporting schedule and a treatment plan basedon their individualized needs, which may include referrals to community-based treatment. Probation Officersmonitor 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 tocourt.
Eligibility Requirements / Target PopulationAll court-involved youths are eligible.
Counties / Courts ServedProbation serves all NYC counties.
Program CapacityIn FY2008, 2,281 juveniles were on probation supervision. Caseloads are capped at 55 cases per officer.
ContactKings Juvenile Services 718-802-2556Queens Juvenile Services 718-657-4385Bronx Juvenile Services 718-590-3180Manhattan Juvenile Services 212-676-8521Staten Island Juvenile Services 718-556-4000http://www.nyc.gov/html/prob/html/programs/juvenile_services.shtml
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Enhanced Supervision Program
Program DescriptionThe Department of Probation’s Enhanced Supervision Program (ESP) provides intensive community-basedfamily-centered supervision to juvenile delinquents. This program is intended to divert from placement youthswho do not pose a threat to community safety. Probation Officers maintain low caseloads to allow for frequentsupervision and communication with the youth’s school and family. The program focuses on the development ofthe youth’s sense of accountability and responsibility through participation in community service. Each youth isrequired to perform 60 hours of community service. Youths on ESP may be transitioned to traditional probationsupervision based on performance. A typical term of ESP is nine months.
Eligibility Requirements / Target PopulationYouths who do not pose a threat to community safety but require more intensive supervision than traditionalprobation.
Counties / Courts ServedESP serves all NYC counties.
Program CapacityIn CY2008, 633 juveniles were sentenced to ESP. Caseloads are capped at 25 cases per officer.
ContactKings Juvenile Services 718-802-2556Queens Juvenile Services 718-657-4385Bronx Juvenile Services 718-590-3180Manhattan Juvenile Services 212-676-8521Staten Island Juvenile Services 718-556-4000http://www.nyc.gov/html/prob/html/programs/juvenile_services.shtml
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Esperanza
Program DescriptionEsperanza is a multi-faceted organization dedicated to youths, families, and communities. In partnership with theNYC Department of Probation, and other agencies involved with the juvenile justice system, Esperanza is exploringways to safely reduce reliance on out-of-home placement for youths who are adjudicated delinquent in the familycourt system.
Esperanza provides comprehensive services to youths and their families during the four to six months that theyare 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 goalsthat build on personal and family strengths, as well as addressing areas they would like to change.
Eligibility Requirements / Target PopulationYouths are referred to the program directly by Family Court as part of the Exploration of Placement process.
Counties / Courts ServedEsperanza serves all NYC counties.
Program CapacityEsperanza has capacity to serve 216 youths per year.
Contact646-278-2000Jenny Kronenfeld, Executive DirectorPatricia Ortiz, Clinical DirectorCasey Eiseman, Project Managerhttp://www.esperanzany.org/
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Bronx Juvenile Accountability Court
Program DescriptionBronx Community Solutions operates the Juvenile Accountability Court as an alternative-to-placement programfor placement-bound juvenile delinquents adjudicated in Bronx Family Court. Juveniles are mandated to 12 to 24months of intensive probation supervision and participate in the Court program. Through the program the juvenileparticipates 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 throughfrequent court appearances.
Eligibility Requirements / Target PopulationBronx Family Court placement bound juvenile delinquents
Counties / Courts ServedBronx Family Court
Program CapacityOrganization did not provide.
ContactOrganization did not provide.http://courtinnovation.org/
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Juvenile Justice Initiative
Program DescriptionThe Administration for Children Services’ provides the Juvenile Justice Initiative as an alternative-to-placementand aftercare service for juvenile delinquents. The Initiative is comprised of two programs: the Alternative-to-Placement Program and Intensive Preventive Aftercare Services. These programs operate to reduce the numberof youths in placement facilities; decrease lengths of stay for youths in placement; reduce recidivism; and improveindividual and family functioning. Through the program, youths are diverted to evidence-based family therapyprograms including Multidimensional Treatment Foster Care, Functional Family Therapy, and MultisystemicTherapy. These therapeutic models focus on engaging the entire family to address the issues that brought theyouth into the juvenile justice system and strengthen the family’s capacity to support positive changes.
Eligibility Requirements / Target PopulationThe Juvenile Justice Initiative is available for placement-bound juvenile delinquents with prior ACS involvement.
Counties / Courts ServedThe Juvenile Justice Initiative serves all NYC counties.
Program CapacityThe Juvenile Justice Initiative will serve approximately 350 youths in the Alternative-to-Placement Program and150 youths in the aftercare program per year.
ContactSchanequa Knight at 212-341-0978 or [email protected]://www.nyc.gov/html/acs/html/support_families/juvenile_justice.shtml
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Adolescent Portable Therapy
Program DescriptionAdolescent Portable Therapy (APT) is an intensive in-home treatment program designed to provide substanceabuse and mental health services for system-involved adolescents. APT is licensed by the NYS Office ofAlcoholism and Substance Abuse Services as an outpatient provider. The program typically lasts about fourmonths, during which Masters level therapists make weekly visits to the home, providing a combination ofindividual and family counseling sessions, as well as supportive case management.
Eligibility Requirements / Target PopulationThe target population of APT is system-involved youths who have substance abuse and/or mental healthtreatment needs. There are no age or charge restrictions. APT currently accepts referrals from:
� the Bronx and Brooklyn Family Assessment Program (FAP) offices;
� Brooklyn Family Court as a PINS diversion option; and
� the Office of Children and Family Services for youths re-entering their communities after an out-of-homeplacement 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.
Counties / Courts ServedAPT serves all NYC Family Courts.
Program CapacityAPT maintains an average capacity of 50 clients at a time. During FY2008, APT served 208 clients.
ContactKrista Larson, Associate Director at 212-376-3110 or [email protected]://www.vera.org/project/adolescent-portable-therapy
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Smart Choices
Program DescriptionThe Center for Community Alternatives offers the Smart Choices Program, a community-based leadershipdevelopment training program for youths under probation supervision. The program runs from September throughJune and tracks with the school year. Participants are selected through a referral and application process. Servicesinclude: weekly workshops to teach communication, conflict resolution, and leadership skills; supervision andcoordination of monthly “service learning;” and transportation fare to-and-from the program.
Eligibility Requirements / Target PopulationYouths under the supervision of the NYC Department of Probation are eligible for the program.
Counties / Courts ServedSmart Choices serves all NYC counties.
Program CapacitySmart Choices serves approximately 30 youths per year.
ContactRebekah Heilman, Director of Youth Services at 718-858-9658 ext. 215 [email protected]://communityalternatives.org/programs/smartChoices.html
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Family Court Client Specific Planning
Program DescriptionThe Center for Community Alternatives offers the Family Court Client Specific Planning (CSP) Program, acommunity-based alternative-to-placement for juvenile delinquents. Upon referral, staff work with the youth andthe youth’s 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: monthlyprogress reports; supervision of school attendance and school visits; curfew monitoring; referrals to community-based services; home visits; random drug testing; HIV/AIDS prevention and education services; life skillsworkshops; family therapy; parent support workshops; educational support and referrals; referrals for 10 hours ofmandated community service; and transportation fare to-and-from the program.
Eligibility Requirements / Target PopulationYouths age 15 and under with a pending delinquency case or who have been adjudicated delinquent may be referredto CSP. Upon referral, staff conduct an investigation, including interviews with the youth and relevant familymembers, to determine if the youth would benefit from program services.
Counties / Courts ServedCSP serves all NYC counties.
Program CapacityCSP provides services to approximately 28 youths per year.
ContactCadija Tibbs, Court Services Manager at 212-691-1911 or [email protected] Lumumba, Assistant Director of Youth Services at 718-858-9658 ext. 214 [email protected]://www.communityalternatives.org/programs/familyCourt.html
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Andrew Glover Youth Program
Program DescriptionThe Andrew Glover Youth Program provides an alternative-to-incarceration program for youthful offenders fromthe Lower East Side and East Harlem. Youths are screened at the Manhattan Criminal Court where staff assesscases and when a youth is selected, the staff member will appear before the judge to advocate for the youth’sassignment to the program. The Andrew Glover Youth Program offers a personalized rehabilitation plan includingeducational, job-readiness and recreational programs, referrals, and court monitoring.
Eligibility Requirements / Target PopulationYouthful offenders from the Lower East Side and East Harlem who meet the program risk standards.
Counties / Courts ServedNew York County / Manhattan Criminal Court
Program CapacityIn 2008, the Andrew Glover Youth Program served 208 youthful offenders.
ContactAngel Rodriguez, Executive Director at 212-349-6381 ext. 12 or [email protected] Smith, Associate Director at 212-349-6381 ext. 13 or [email protected]://agyp.org
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The Dome Project’s Juvenile Justice Program
Program DescriptionThe Dome Project’s Juvenile Justice Program is an alternative-to-incarceration program for youthful offenders.The program consists of three workshops series—consequential thinking, cognitive development, and creativeexpression—over 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 socialworkers, attorneys, probation officers and judges.
Eligibility Requirements / Target PopulationYouthful offenders, juvenile offenders, and youths on probation are eligible for the Juvenile Justice Program.
Counties / Courts ServedThe Juvenile Justice Program serves New York, Kings, Bronx and Queens counties.
Program CapacityThe program serves approximately 120 to 140 youths per year. Each workshop cycle has 30 to 35 slotsavailable.
ContactRichard Celestin, Director of Advocacy and Education at 212-724-1780 or [email protected] Walker, Director of Social Services at 212-724-1780 or [email protected]://domeproject.org/programs_jj.html
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BronxConnect
Program DescriptionThe Urban Youth Alliance operates the BronxConnect program an alternative-to-incarceration program forcourt-involved youth ages 12 to 18 from the Bronx. The program is focused on mentoring services within thecommunity, each youth is matched with an adult mentor from a local church. BronxConnect also links participantswith local community-based services through referrals. Youths are referred by the Bronx District Attorney’s Office,Supreme Court, Criminal Court, Family Court, Legal Aid Society, Defenders Office, and the Department ofProbation.
Eligibility Requirements / Target PopulationYouthful and Juvenile Offenders from the Bronx are eligible for BronxConnect.
Counties / Courts ServedBronxConnect serves Bronx County / Bronx Supreme, Criminal, and Family Courts
Program CapacityOrganization did not provide.
ContactOrganization did not provide.http://www.uyai.org/
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Court Employment Project (CEP)
Program DescriptionCASES offers the Court Employment Project (CEP) for felony offenders ages 16 to 21 in Supreme Court. CEPprovides case management and support services for six months, including on-site education classes and GEDtesting; employment-readiness training, job placement assistance and paid internship opportunities; substanceabuse and mental health counseling; and assistance securing long-term services in the community.
Eligibility Requirements / Target PopulationCEP serves youths ages 16 to 21 facing felony charges in NYC Supreme Courts. CEP’s eligibility requirementsare intended to target defendants who would receive a jail or prison sentence without the intervention of analternative to incarceration program.
Counties / Courts ServedCEP serves Criminal Supreme Courts in Bronx, Kings, New York, and Queens counties.
Program CapacityCEP serves 350 youths annually.
ContactFor more information about eligibility or to refer a youth to CEP:Email [email protected] or call:Bronx 718-537-8330Brooklyn 718-222-1585Manhattan 212-553-6313Queens 718-537-8330For general information contact:Joseph McLaughlin, Director of Youth Programs at 212-553-6650 or [email protected]://www.cases.org/cep_sub.html
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Youth and Congregations in Partnership (YCP)
Program DescriptionThe Kings County District Attorney’s Office operates YCP as a one year alternative-to-incarceration program,which combines mentoring with intensive comprehensive services. Each participant is assigned a social workerwho coordinates services such as counseling, educational and vocational services, anger management, independentliving skills, and referrals to outside service providers if necessary. In addition, YCP engages family membersthrough ongoing workshops and referrals. The mentoring component of YCP unites court-involved youths withmentors drawn from a broad range of faith based institutions throughout the community. The juvenile is mentoredindividually or by a committee of 2-3 mentors who work with him/her for one year. Juveniles are initiallyinterviewed and screened by a Kings County District Attorney’s Office social worker, after screening the juvenilecan be referred to the program by the judge, defense attorney or prosecutor. YCP’s intake process includes a reviewof the referred juvenile’s involvement with the criminal justice system as well as a thorough psychosocialassessment of both the juvenile and their parent/guardian.
Eligibility Requirements / Target PopulationYoung 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.
Counties / Courts ServedYCP serves Kings County.
ContactJoan Gabbidon, Executive Director at 718-250-2267 or [email protected] Lashley, Program Manager at 718-250-3804 or [email protected]://www.brooklynda.org/YCP/YCP.htm
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Community Prep High School
Program DescriptionCASES, in partnership with the NYC Department of Education, offers Community Prep High School, a transitionalacademy for court-involved youths. Community Prep provides a structured and supportive environment for youthsto develop academic and literacy skills and facilitates their transition to a diploma-granting high school, GEDprogram, or employment.
Eligibility Requirements / Target PopulationCommunity Prep is available for youths between the ages of 14 and 17 who are currently court-involved or recentlyreleased from detention or placement.
Counties / Courts ServedCommunity Prep High School serves all NYC counties.
Program CapacityCommunity Prep maintains a capacity of 100 active students.
ContactJoseph McLaughlin, Director of Youth Programs at 212-553-6650 or [email protected]://www.cases.org/cps.html
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Learning to Work/GED
Program DescriptionCASES, in partnership with the NYC Department of Education, offers the Learning to Work/GED program toyouths ages 17½ to 20 with current or previous court-involvement. The Learning to Work/GED program providesa combination of GED instruction, employment-readiness workshops, paid internships, job placement assistance,and college application and financial aid application assistance.
Eligibility Requirements / Target PopulationLearning to Work/GED serves youths between the ages of 17½ and 20, including those with current or previouscourt-involvement.
Counties / Courts ServedLearning to Work/GED serves all NYC counties.
Program CapacityLearning to Work/GED maintains a capacity of 50 active participants.
ContactJoseph McLaughlin, Director of Youth Programs at 212-553-6650 or [email protected]://www.cases.org
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Girls Re-entry Assistance Support Program (GRASP)
Program DescriptionThe Kings County District Attorney’s 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. Theprogram 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 oneyear after their release from confinement. Eligible women may refer themselves or can be referred by any facilityor counselor.
Eligibility Requirements / Target PopulationGRASP 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 persistentpattern of violent felony offenses are not eligible.
Counties / Courts ServedYouths from Brooklyn or youths with Brooklyn cases receive priority. Youths from all other boroughs areconsidered on a case by case basis.
Program CapacityOrganization did not provide.
ContactJoan Gabbidon, Executive Director at 718-250-2219 or [email protected]
Deborah Lashley, Program Manager at 718-250-3804 or [email protected]://www.brooklynda.org/grasp/grasp.htm
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OCFS Intensive Aftercare Program313
Program DescriptionOCFS provides counseling and monitoring for up to six months after youths are released from custody. TheIntensive Aftercare Program consists of agency operated and contracted Day Programs providing varioussupervision levels and services. Programs include:
�� City Challenge – serves youths released from the Sergeant Henry Johnson Youth Leadership Academy inBrooklyn.
�� Evening Reporting Centers – provide evening and weekend residential supervision and services operatedto complement day programs. Participation is contingent on school or work attendance.
�� Multisystemic Therapy & Functional Family Therapy – engages the entire family to strengthen the family’scapacity to support positive changes. Aftercare services are provided by the Administration for ChildrenServices’ Juvenile Justice Initiative.
�� Electronic Monitoring – monitoring of youth’s adherence to curfew requirements during the first four toeight weeks after release.
Eligibility Requirements / Target PopulationJuvenile Delinquents released from OCFS custody are eligible for IAP.
Counties / Courts Served�� 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 CapacityIn 2008, 650 youths entered Day Programs (of those 361 were from New York City). Program participation in2008 (total and (NYC total)):
�� City Challenge – 78 (77)�� Evening Reporting Centers – 218 (118)�� Multisystemic Therapy & Functional Family Therapy – 24 (19)�� Electronic Monitoring – 330 (147)
ContactOCFS 518-473-7793http://www.ocfs.state.ny.us/main/rehab/
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Youth Represent
Program DescriptionYouth Represent is a holistic legal representation organization for court-involved youths ages 24 and under. YouthRepresent provides criminal defense representation and civil legal representation when a young person is deniedemployment, suspended from school, or threatened with eviction from or denied public housing due to courtinvolvement.
Eligibility Requirements / Target PopulationYouth Represent serves court-involved youths ages 24 and under.
Counties / Courts ServedYouth Represent serves New York County Family Court and Bronx, New York, and Kings County CriminalCourts.
Program CapacityOrganization did not provide.
Contact212-553-6421 or [email protected]://youthrepresent.org/
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APPENDIX
A. New York Juvenile Justice Statistics
B. National Juvenile Justice Statistics
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Citywide Juvenile Indicators FY07 FY08 FY09Juvenile Arrests for major felonies 4,469 4,373 4,207Juvenile probationers rearrested 596 749 N/AJuvenile probationer re-arrest rate (monthly average) 1.6% 2.1% 2.5%Juveniles referred to Intake by Dept of Probation 10,673 11,939 11,846Juvenile delinquency cases diverted from court through adjustment 2,797 3,554 3,258
Adjusted cases as percent of all cases 26% 30% 28%Percent of Intakes Filed for Prosecution 66% 62% 59%Youths enrolled in Esperanza (monthly average) 79 51 67Total probationers supervised in Enhanced Supervision Program 988 1,083 1,197Average Daily Population in Secure Detention at DJJ 291.8 289.7 278.6Average Length of Stay in Secure Detention at DJJ (days) 20 21 20Average Daily Population in Non-Secure Detention at DJJ 148.6 136.7 151Average Length of Stay in Non-Secure Detention at DJJ (days) 33 33 32Total admissions to DJJ 5,886 5,489 5,833Youths with Previous Admission(s) to Detention 45.9% 47.5% 49.4%Average Length of Stay (days) 27 28 26Average Daily Population 440.5 426.4 429.6Average Daily Cost Per Youth Per Day $520 $588 $620General Healthcare Cost Per Youth Per Day $73 $83 $95DJJ Total Expenditures (millions) $127.7 $131.5 $138.3Law Department Juvenile Conviction Rate 70% 70% 71%
A. New York Juvenile Justice Statistics
New York City Mayor’s Management Reportvi
vi City of New York. (200x). Mayor’s Management Report. New York: City of New York Mayor’s Office of Operations.http://www.nyc.gov/html/ops/html/mmr/mmr.shtml
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DJJ Admissions FY07 FY08Admissions to Secure Detention 5,172 N/AAdmissions to Non-Secure Detention 712 N/AAverage Daily Population Secure Detention 292 289.7Average Daily Population Non-Secure Detention 149 136.7Admissions by Borough of Court
Brooklyn 30.1% 27.5% Bronx 24.6% 28.6%
Manhattan 16.5% 18.1% Queens 20.9% 19.9%
Staten Island 5.3% 5.1% Outside NYC 2.7% 0.8%
Admissions by Gender Male 81% 80%
Female 19% 20%Age at Admission
12 or under 4% 3%13 9% 11%14 24% 23%15 43% 45%16 14% 12%
17 or over 6% 6%Admissions to Detention by Charge
Juvenile Delinquent 92% 85% Juvenile Offender 8% 7%
Other N/A 8%Top 15 Neighborhood Total Admissions
East New York 218 175South Jamaica 207 176
Bedford-Stuyvesant 180 171Brownsville 169 144Soundview 158 134
Morris Heights 158 138Saint George 155 138
Harlem 146 165East Harlem/Upper East Side 135 135
South Bronx 134 125East Flatbush 122 N/A
University Heights 121 152Bushwick 121 N/ATremont 117 152
Eastchester 108 139Bedford Park N/A 131
Far Rockaway N/A 121
New York City Department of Juvenile Justicevii
vii New York City Department of Juvenile Justice. (n.d.). By the numbers . http://nyc.gov/html/djj/html/numbers.html
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DOC Population 11/7/2008Total Population 855
Male 813 Detained 754
Sentenced 59 Female 42
Detained 33 Sentenced 9
Felony Charges Adolescent Male 93%
Adult Male 76% Adolescent Female 78%
Adult Female 67% Robbery 44%
Murder or Manslaughter 13% Assault 8%
Weapons 7%
Average Length of Stay – Detainee (days) 25 Male 25
Female 18Average Length of Stay – City Sentence (days) 98
First Admission to DOC Adolescent 60%
Adult 20%
Adolescent Race Black 65%
Latino 30%
New York City Department of Correctionviii
viii Horn, M. Commissioner. (2008, November 24). Special needs of adolescents in New York correctional facilities. Testimony ofMartin F. Horn, Commissioner, NYC Department of Correction to the New York City Council Committees on Juvenile Justice, Fireand Criminal Justice Services, and Youth Services. http://www.nyc.gov/html/doc/html/news/special_needs_adolescents_testimony.pdf
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Robert N Davoren Complex 2008 2007 PercentChange
Serious Injuries to Adolescents 27 33 -18%
Serious Injury Population 48
Total Security Cameras in Complex 336
Adolescents 16 to 18 on Rikers Island As of 11/8/08 Detained Sentenced CapacityRobert N Davoren Complex (male) 669 18 2,238Rose M Singer Center (female) 32 9 1,139Eric M Taylor Center (male) 0 41 2,351Otis Bantum Correctional Center 68 0 0North Infirmary Command 17 0 0
NYC DOC Total Admissions FY08 107,516Average Daily Inmate Population 13,850
New York City Department of Correctionix
New York City Department of Correctionx
ix Horn, M. Commissioner. (2008, November 24). Special needs of adolescents in New York correctional facilities. Testimony ofMartin F. Horn, Commissioner, NYC Department of Correction to the New York City Council Committees on Juvenile Justice, Fireand Criminal Justice Services, and Youth Services. http://www.nyc.gov/html/doc/html/news/special_needs_adolescents_testimony.pdfx New York City Council. (2008). Oversight: Special needs of adolescents in New York City Correctional facilities. Briefing Paper ofthe Governmental Affairs Division. http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=448911&GUID=7703458E-5B31-4158-9BAD-F33C1F5C8E31&Options=&Search=
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OCFS Youths in Custody CY2006 CY2007 CY2008Total Youths Served 5,000 4,417 Not collectedTotal OCFS New Admissions 2,000 1,680 1,632
New York City Youths in OCFS CustodyTotal New Admissions 1,210 963 1,009
Percent of All OCFS New Admissions 61% 57% 62%Gender
Male 1,048 811 877 Female 279 152 132
Age at AdmissionUnder 12 6 3 4
12 15 8 1213 81 47 6314 227 155 16215 435 328 34116 357 298 29317 68 98 100
Over 18 25 26 34Race
African American 777 607 633Asian 14 13 13
Native-American 17 3 2White 223 30 20Latino not collected 293 317Other 191 20 20
Not Specified by Youth 23 not collected 4Adjudication
Juvenile Offender 28 25 38JO/Youthful Offender 77 80 82
Restrictive JD 5 3 1Ltd. Secure JD 60-day Option 4 3 2
Limited Secure JD 1,042 807 833Non-Secure JD 48 49 50Parole Violator 6 22 3
Prior Custody StatusFirst OCFS Custody 1,137 891 930Prior OCFS Custody 73 72 79
New York State Office of Children and Family Servicesxi
xi New York State Office of Children and Family Services. (200x). Youth in care: 200x annual report division of juvenile justice andopportunities 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) CY2006 CY2007 CY2008Most Serious Adjudicated Offense
Crimes Against Persons 495 450 452Crimes Against Property 392 290 323
Other Crimes 321 218 232None/Status Offense 2 5 2
Service NeedsHealth 278 203 198
Limited English 69 33 43Mental Health 324 211 208
Mental Retardation 13 15 23Sex Offender 32 26 16
Special Education 99 70 81Substance Abuse 512 324 326
Total Discharges 1,398 1,275 1,004Percent of youths discharged in year 61% 61% 56%Percent of youths in custody at end of year 61% 57% 59%
OCFS Service / Per Diem Cost CY2007 CY2008 CY2009Secure residential services $391.85 $426.74 $537.64Limited secure residential services $346.00 $475.48 $584.26Non-community based residential services $284.47 $521.00 $615.88Community residential services $300.77 $648.26 $648.08Family Foster care $97.71 $103.64 $115.94Evening reporting centers $241.70 $253.22 $253.18
New York State Office of Children and Family Services Per Diem Chargeback Rates forOCFS Operated Facilities and Programsxii
xii New York State Office of Children and Family Services. (200x). Per Diem Chargeback Rates for OCFS-Operated Facilities andPrograms—Interim 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-OCFS-ADM-13%20Per%20Diem%20Chargeback%20Rates%20for%20OCFS-Operated%20Facilities%20and%20Programs%20-%202009%20Interim%20Rates.pdfAdministrative Directive 09-OCFS-ADM-02. http://www.ocfs.state.ny.us/main/policies/external/ocfs_2009/adms/09-ocfs-adm-02%20per%20diem%20chargeback%20rates%20for%20ocfs-operated%20facilities%20and%20programs.pdfAdministrative Directive 07-OCFS-ADM-08.http://www.ocfs.state.ny.us/main/rates/adm/07-ocfs-adm-08%20calendar%20year%202007%20interim%20per%20diem%20chargeback%20rates%20for%20ocfs-operated%20facilities%20and%20programs%20-%20effective%2001-01-07%20to%2012-31-07.pdf
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Juvenile Offender Adult Court Processing CY2005 CY2006 CY2007 CY2008xiv
Juvenile Offender Arrests 1,953 1,887 1,995 2,223 A Felonies 11 14 3 9 B Felonies 559 481 385 443
C or D Felonies 1,383 1,392 1,607 1,771Arrest Charge JO Arrests
Robbery 2 58.8% 60.8% 66.8% 67.3% Robbery 1 20.4% 19% 13.3% 12.8%
Weapon Poss. 3 5% 5.7% 4% 2% Burglary 2 4.7% 3.1% 5.1% 4.5%
Assault 1 3.5% 2.6% 2.6% 3.7% Weapon Poss. 2 2.3% 4.2% 4.7% 5.8%
Sodomy 1 1.8% 1.3% 1.8% 1.2% Att. Murder 2 1% 0.8% 0.5% 1.2%
Murder 2 0.5% 0.7% 0.2% 0.4% Burglary 1 0.5% 0.4% 0.1% 0.3%
Other (A & B Felonies) 1.5% 1.4% 0.9% 0.8%Arrest by Age
13 2 4 0 114 732 727 778 89115 1,219 1,156 1,217 1,331
Arrest by Sex Male 1,703 1,665 1,751 1,895
Female 250 222 244 328
Case Volume / StatusCriminal Court Arraignments 661 635 541 660
ROR 333 265 285 324 Bail Set and Made 20 28 11 21
Bail Set and Not Made 289 324 230 302 Remand 14 15 10 13
Criminal Court Dispositions 644 617 546 642 Dismissed 164 119 151 149
Transfer to SC 364 400 335 406 Transfer to Family Court 116 98 60 87
Supreme Court 1st Appearances 353 481 320 429 Pled Guilty 63 91 36 24
Pled Not Guilty 98 180 95 156 Dismissed 11 9 4 10
Transfer to Family Court 23 39 32 15 Continued 153 154 148 219
Bench Warrant 5 8 5 5
New York City Criminal Justice Agencyxiii
xiii Gewirtz, M. (200x). Annual report on the adult court case processing of juvenile offenders in New York City, January throughDecember 200x. New York: New York City Criminal Justice Agency, Inc. http://www.cjareports.org/index8.htmxiv In 2007, the New York City Criminal Justice Agency (CJA) changed the methodology in which arrests are tallied, thereforeCY2007 and 2008 arrests are not comparable with previous years. In addition, in 2008 CJA excluded cases docketed in Staten Islanddue to the small number of cases prosecuted in that county.
Citizens Crime Commission of New York City
88
Juvenile Offenders Adult Court Processing (continued) CY05 CY06 CY07 CY08Supreme Court Dispositions 317 373 309 315
Conviction 219 257 235 236 Transfer to Family Court 41 65 46 33
Dismissed(or acquitted or abated by death) 57 51 28 46
Supreme Court Sentence 203 233 265 225 Imprisonment 88 84 113 111
Imprisonment & Probation 23 40 19 22 Probation 90 106 108 85
Other 2 3 25 7Conditions of Sentence 202 228 265 225
Youthful Offender 157 186 226 176 Not Youthful Offender 45 42 39 49
Failure to Appear Criminal Court 14 4 8 14 Supreme Court 17 16 17 27
Guide to Juvenile Justice in New York City
89
Probationers Supervised 12/31/2007 12/31/2008 Probationers Supervised 12/31/2007 12/31/2008Age at Sentence < 16 Age at Sentence 16-18Total Supervised Cases 388 351 Total Supervised Cases 7,271 6,836Race Race
American Indian 1 1 American Indian 2 2Asian 6 4 Asian 79 81Black 220 208 Black 3,825 3,626
Hispanic 79 76 Hispanic 2,031 2,000Other 19 12 Other 376 274
Unknown 33 26 Unknown 268 216White 30 24 White 690 637
County CountyBronx 29% 30% Bronx 28% 27%Kings 33% 35% Kings 25% 26%
New York 15% 13% New York 19% 18%Queens 22% 21% Queens 25% 24%
Richmond 1% 2% Richmond 3% 4%
New York State Division of Probation and Correctional Alternativesxv
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
Citizens Crime Commission of New York City
90
Def
enda
nt
A
ge/
Rac
eB
lack
Bla
ck H
ispa
nic
Whi
te H
ispa
nic
Whi
te N
on-H
ispa
nic
Unk
now
n / O
ther
Tot
al
Felo
ny
/
Gen
der
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
71
10
11
81
11
12
20
13
49
26
81
12
11
03
811
102
2224
22
44
22
02
3032
117
6471
19
104
1216
44
33
1292
104
1243
166
209
117
187
4855
113
147
752
251
303
1378
420
498
748
5531
117
148
135
368
1523
125
635
760
1413
678
091
612
108
120
5327
332
612
7486
1052
6222
312
8715
1015
193
1275
1468
2514
116
683
440
523
1011
412
46
8187
317
2051
2368
Tot
al46
227
3431
9647
325
372
179
897
1076
2424
326
724
158
182
736
4357
5093
Mis
dem
eano
r7
00
01
10
11
81
10
00
01
19
33
11
11
00
55
101
23
11
01
10
14
511
1235
472
23
1417
11
21
117
5269
1236
8812
45
1419
1837
556
814
11
6514
821
313
132
250
382
1341
5446
110
156
1023
3311
1930
212
443
655
1418
645
263
824
6488
8520
929
418
6078
1136
4732
482
111
4515
277
685
962
1911
513
410
434
244
642
151
193
957
6645
113
5018
01T
otal
644
1516
2160
6123
829
925
671
396
978
244
322
3211
314
510
7128
2438
95
New
Yor
k C
ity J
uven
ile A
rres
ts b
y C
ateg
ory,
Age
, Gen
der a
nd R
ace,
200
3xvi
xvi
New
Yor
k St
ate
Div
isio
n of
Crim
inal
Just
ice
Serv
ices
. (20
05).
Thre
e-Ye
ar C
ompr
ehen
sive
Sta
te P
lan
for t
he J
uven
ile J
ustic
e &
Del
inqu
ency
Pre
vent
ion
Form
ula
Gra
nt P
rogr
am Y
ears
200
6 –
2008
.Alb
any,
NY
: Aut
hor.
http
://cr
imin
alju
stic
e.st
ate.
ny.u
s/of
pa/p
dfdo
cs/jj
stat
epla
n07.
Guide to Juvenile Justice in New York City
91
Def
enda
nt
Age
/ R
ace
Bla
ckB
lack
His
pani
cW
hite
His
pani
cW
hite
Non
-His
pani
cU
nkno
wn
/ Oth
erT
otal
Felo
ny
/
Gen
der
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
72
20
22
11
05
58
55
11
22
00
88
91
1011
11
22
00
113
1410
229
312
21
45
22
11
338
4111
460
646
62
1820
18
90
792
9912
3516
219
72
2022
546
512
1315
18
945
249
294
1386
408
494
863
7133
122
155
429
334
1721
135
639
774
1417
084
51,
015
1412
513
953
338
391
2589
114
337
4036
51,
434
1,69
915
224
1,29
11,
515
2619
422
078
484
562
2514
416
96
5864
359
2,17
12,
530
Tot
al52
22,
812
3,33
450
412
462
172
1,01
81,
190
5728
634
314
121
135
815
4,64
95,
464
Mis
dem
eano
r7
08
09
66
06
610
19
101
13
32
21
1516
1110
2838
33
410
141
45
11
1546
6112
5188
139
68
1423
2750
214
162
911
8414
623
013
136
225
361
1441
5553
119
172
1349
622
2527
218
459
677
1419
548
568
021
7394
8221
729
917
111
128
239
4131
792
51,
242
1522
870
393
128
116
144
129
372
501
3816
420
212
4961
435
1,40
41,
839
Tot
al62
11,
544
2,16
569
242
311
291
748
1,03
971
342
413
1812
514
31,
070
3,00
14,
071
New
Yor
k C
ity J
uven
ile A
rres
ts b
y C
ateg
ory,
Age
, Gen
der a
nd R
ace,
200
4xvii
xvii
New
Yor
k St
ate
Div
isio
n of
Crim
inal
Just
ice
Serv
ices
. (20
05).
Thre
e-Ye
ar C
ompr
ehen
sive
Sta
te P
lan
for t
he J
uven
ile J
ustic
e &
Del
inqu
ency
Pre
vent
ion
Form
ula
Gra
nt P
rogr
am Y
ears
200
6 –
2008
.Alb
any,
NY
: Aut
hor.
http
://cr
imin
alju
stic
e.st
ate.
ny.u
s/of
pa/p
dfdo
cs/jj
stat
epla
n07.
Citizens Crime Commission of New York City
92
Def
enda
nt
Age
/ R
ace
Bla
ckB
lack
His
pani
cW
hite
His
pani
cW
hite
Non
-His
pani
cU
nkno
wn
/ Oth
erT
otal
Felo
ny /
Gen
der
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
Fem
ale
Mal
eT
otal
70
00
00
83
30
00
03
39
29
111
12
21
10
213
1510
1818
11
55
22
026
2611
359
621
89
318
213
31
17
8996
1234
150
184
219
217
4451
111
122
57
4622
927
513
9148
657
78
6674
2715
017
78
2735
721
2814
175
089
114
151
949
1,10
017
122
139
5731
637
310
7282
1242
5424
71,
501
1,74
815
222
1,47
71,
699
2221
323
592
536
628
2314
616
917
8510
237
62,
457
2,83
3T
otal
503
3,15
13,
654
5043
048
018
61,
071
1,25
742
262
304
3815
419
281
95,
068
5,88
7M
isde
mea
nor
73
31
10
00
44
81
10
00
11
91
67
11
11
00
02
79
102
57
11
33
33
00
02
1214
1114
3650
23
56
1319
13
40
22
2357
8012
4810
615
46
2127
1959
781
2425
33
677
213
290
1312
729
542
225
5681
5915
321
214
5973
615
2123
157
880
914
261
601
862
3411
715
110
726
837
529
132
161
1753
7044
81,
171
1,61
915
338
896
1,23
436
167
203
142
489
631
3623
527
115
8499
567
1,87
12,
438
Tot
al79
11,
949
2,74
010
436
546
933
398
71,
320
8145
653
741
157
198
1,35
03,
914
5,26
4
New
Yor
k C
ity J
uven
ile A
rres
ts b
y C
ateg
ory,
Age
, Gen
der a
nd R
ace,
200
5xviii
xviii
New
Yor
k St
ate
Div
isio
n of
Crim
inal
Just
ice
Serv
ices
. (20
05).
Thre
e-Ye
ar C
ompr
ehen
sive
Sta
te P
lan
for t
he J
uven
ile J
ustic
e &
Del
inqu
ency
Pre
vent
ion
Form
ula
Gra
nt P
rogr
am Y
ears
200
6 –
2008
.Alb
any,
NY
: Aut
hor.
http
://cr
imin
alju
stic
e.st
ate.
ny.u
s/of
pa/p
dfdo
cs/jj
stat
epla
n07.
Guide to Juvenile Justice in New York City
93
2003 Male % Female % Total %
White 136 4.5% 28 3.6% 164 4.3%
Black 1,725 57.5% 485 61.9% 2,210 58.4%
Hispanic 890 29.7% 192 24.5% 1,082 28.6%
Other 67 2.2% 10 1.3% 77 2%
Unknown 181 6% 69 8.8% 250 6.6%
Total 2,999 100% 784 100% 3,783 100%
2004 Male % Female % Total %
White 118 3.9% 41 5% 159 4.1%
Black 1,724 57% 457 55.5% 2,181 56.7%
Hispanic 869 28.7% 224 27.2% 1,093 28.4%
Other 81 2.7% 11 1.3% 92 2.4%
Unknown 263 8.7% 94 11.4% 357 9.3%
Total 3,023 100% 824 100% 3,847 100%
2005 Male % Female % Total %
White 154 4.4% 35 4.2% 189 4.4%
Black 1,987 56.9% 476 57.2% 2,463 57%
Hispanic 987 28.3% 204 24.5% 1,191 27.5%
Other 56 1.6% 20 2.4% 76 1.8%
Unknown 308 8.8% 97 11.7% 405 9.4%
Total 3,492 100% 832 100% 4,324 100%
New York City Admissions to Juvenile Detention by Race and Gender, 2003-2005xix
xix 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
Citizens Crime Commission of New York City
94
Percentage Change
New York State 2003 2004 2005 2003-04 2004-05 2003-05Total Arrests 795 830 995 4.4% 19.9% 25.2%
Total Dispositions 750 795 860 6% 8.2% 14.7%Convictions 374 386 386 3.2% 0% 3.2%
Conviction Rate (% of dispositions) 49.5% 48.6% 44.9% -1.8% -7.6% -9.3%Sentences To:
Prison 49 41 28 -16.3% -31.7% -42.9%Jail 69 71 72 2.9% 1.4% 4.3%
Jail + Probation 33 39 31 18.2% -20.5% -6.1%Probation 84 77 62 -8.3% -19.5% -26.2%
Conditional Discharge 108 120 143 11.1% 19.2% 32.4%Other 31 38 50 22.6% 31.6% 61.3%
New York City 2003 2004 2005 2003-04 2004-05 2003-05Total Arrests 506 536 608 5.9% 13.4% 20.2%
Total Dispositions 497 502 547 1% 9% 10.1%Convictions 214 180 199 -15.9% 10.6% -7%
Conviction Rate (% of dispositions) 43.1% 35.9% 36.4% -16.7% 1.4% -15.5%Sentences To:
Prison 38 18 13 -52.6% -27.8% -65.8%Jail 26 26 33 0% 26.9% 26.9%
Jail + Probation 11 9 7 -18.2% -22.2% -36.4%Probation 43 32 32 -25.6% 0% -25.6%
Conditional Discharge 84 83 97 -1.2% 16.9% 15.5%Other 12 12 17 0% 41.7% 41.7%
Non-New York City 2003 2004 2005 2003-04 2004-05 2003-05Total Arrests 289 294 386 1.7% 31.3% 33.6%
Total Dispositions 258 271 312 5% 15.1% 20.9%Convictions 160 190 187 18.8% -1.6% 16.9%
Conviction Rate (% of dispositions) 62% 70.1% 59.9% 13.1% -14.6% -3.4%Sentences To:
Prison 11 21 15 90.9% -28.6% 36.4%Jail 43 40 39 -7% -2.5% -9.3%
Jail + Probation 22 26 24 18.2% -7.7% 9.1%Probation 41 42 30 2.4% -28.6% -26.8%
Conditional Discharge 24 33 46 37.5% 39.4% 91.7%Other 19 28 33 47.4% 17.9% 73.7%
xx 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 State Gang Assault Arrests and Dispositions by Region, 2003-2005xx
Guide to Juvenile Justice in New York City
95
B. National Juvenile Justice Statistics
Most Serious Offense Juvenile AdultViolent 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 MaleViolent Crime Index -10% -8%
Robbery 38% 24%Aggravated Assault -17% -22%
Simple Assault 12% -6%Property Crime Index 1% -28%
Burglary -3% -16%Larceny-theft 4% -29%
Motor Vehicle Theft -52% -50%Vandalism 3% -9%
Weapons -1% -3%Drug Abuse Violations -2% -8%Liquor Law Violations -6% -29%
DUI 7% -34%Disorderly Conduct 18% -5%
Most Serious Offense 2006 2007 2008Murder 59% 57% 58%Forcible Rape 34% 37% 37%Robbery 67% 68% 67%Aggravated Assault 42% 41% 42%Simple Assault 39% 40% 39%Burglary 32% 33% 35%Larceny-theft 30% 31% 31%Motor Vehicle Theft 43% 42% 45%Weapons 37% 38% 38%Drug Abuse Violations 30% 30% 27%Vandalism 19% 19% 19%Liquor Laws 5% 5% 6%
Percent Change in Arrests 1999-2008xxi
Black Portion of Juvenile Arrestsxxii
xxi Crime in the United States 2008, tables 32 and 33xxii Crime in the United States 2006, 2007 & 2008, table 43
Citizens Crime Commission of New York City
96
Most Serious Offense
2008EstimatedNumber of
JuvenileArrests
Percent of TotalJuvenile Arrests
Female
Percent of TotalJuvenile Arrests
Under 15
PercentChange
1999-2008
PercentChange
2004-2008
PercentChange
2007-2008
Total 2,111,200 30% 27% -16% -4% -3%Violent Crime Index 96,000 17% 27% -9% 5% -2%Murder andnonnegligentmanslaughter
1,280 7% 8% -9% 19% -5%
Forcible Rape 3,340 2% 34% -27% -21% -2%Robbery 35,350 9% 20% 25% 46% 2%Aggravated Assault 56,000 24% 31% -21% -9% -4%Property Crime Index 439,600 36% 29% -20% -2% 5%Burglary 84,100 12% 29% -14% 4% 3%Larceny-theft 324,100 44% 29% -17% 0% 8%Motor Vehicle Theft 24,900 16% 20% -50% -33% -17%Arson 6,600 12% 56% -24% -16% -8%NonindexOther Assaults 231,700 34% 37% 0% -5% -3%Forgery andCounterfeiting 2,600 33% 12% -64% -48% -15%
Fraud 7,600 35% 16% -18% 0% 3%Embezzlement 1,300 43% 3% -31% 19% -19%Stolen Property (buying,receiving, possessing) 20,900 19% 23% -23% -10% -6%
Vandalism 107,300 13% 40% -8% 3% -4%Weapons (carrying,possessing, etc.) 40,000 10% 31% -2% -4% -7%
Prostitution andCommercialized Vice 1,500 76% 11% 20% -14% -1%
Sex Offense(except forcible rape andprostitution)
14,500 10% 47% -18% -22% -5%
Drug Abuse Violations 180,100 15% 15% -7% -5% -7%Gambling 1,700 2% 14% -51% -12% -19%Offenses Against theFamily and Children 5,900 36% 28% -38% -14% -2%
Driving Under theInfluence 16,000 24% 2% -27% -19% -14%
Liquor Laws 131,800 38% 9% -22% 1% -7%Drunkenness 15,400 24% 11% -24% -3% -8%Disorderly Conduct 187,600 33% 36% 2% -7% -5%Vagrancy 4,000 29% 29% -29% -3% 6%All Other Offenses(except traffic) 363,000 26% 23% -19% -3% -3%
Suspicion(not included in totals) 300 22% 24% -86% -74% -29%
Curfew and Loitering 133,100 31% 26% -27% 5% -7%Runaways 109,200 56% 32% -33% -12% -5%
2008 Estimated Number of Juvenile Arrests by Most Serious Offensexxiii
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.
Guide to Juvenile Justice in New York City
97
State ReportingCoverage
Violent CrimeIndex
Property CrimeIndex Drug Abuse Weapons
United States 82% 306 1,398 560 121Alabama 81% 176 924 242 47Alaska 97% 272 1,655 340 42Arizona 99% 228 1,558 762 76Arkansas 84% 180 1,460 365 62California 99% 414 1,153 523 196Colorado 88% 199 1,853 763 123Connecticut 92% 337 1,163 456 90Delaware 100% 630 1,778 774 169Florida 100% 471 2,062 731 104Georgia 62% 278 1,343 465 198Hawaii 89% 264 1,405 375 22Idaho 94% 136 1,764 468 101Illinois 23% 1066 1,850 1,843 334Indiana 73% 290 1,734 460 57Iowa 92% 252 1,792 396 52Kansas 68% 163 1,109 472 59Kentucky 15% 402 2,182 729 84Louisiana 56% 603 1,564 580 116Maine 100% 66 1,622 428 35Maryland 99% 608 2,073 1,272 226Massachusetts 90% 333 578 358 45Michigan 87% 225 1,067 337 85Minnesota 97% 208 1,884 511 145Mississippi 45% 145 1,483 454 124Missouri 94% 274 1,928 566 121Montana 96% 112 1,831 305 21Nebraska 92% 139 2,013 657 112Nevada 98% 337 1,724 618 159New Hampshire 78% 84 771 580 12New Jersey 96% 332 925 642 158New Mexico 73% 278 1,537 580 133New York 47% 260 1,141 536 60North Carolina 72% 305 1,615 458 197North Dakota 91% 117 2,107 477 70Ohio 60% 160 1,088 360 79Oklahoma 100% 202 1,335 479 83Oregon 96% 192 1,914 614 87Pennsylvania 97% 426 1,106 486 119Rhode Island 100% 186 1,097 397 129South Carolina 98% 192 784 388 94South Dakota 78% 79 1,640 590 83Tennessee 80% 318 1,348 574 115Texas 96% 181 1,182 566 61Utah 87% 122 2,125 563 120Vermont 82% 91 569 274 29Virginia 97% 142 865 351 72Washington 73% 248 1,760 507 126West Virginia 61% 72 577 204 25Wisconsin 98% 279 2,588 780 238Wyoming 99% 132 1,977 910 83
2008 Juvenile Arrest Rate by Statexxiv
xxiv Crime in the United States 2008, tables 5 and 69.
Citizens Crime Commission of New York City
98
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ENDNOTES
1 Loeber, R., Farrington, D.P., & Petechuk, D. (2003). Childdelinquency: Early intervention and prevention. ChildDelinquency Bulletin Series. Washington, DC: U.S. Departmentof Justice, Office of Justice Programs, Office of Juvenile Justiceand Delinquency Prevention.
http://www.ncjrs.gov/pdffiles1/ojj dp/186162.pdf2 New York State Senate Committee on the Judiciary. (2009).
Kids and families still can’t wait: The urgent case for newFamily Court judgeships. Albany, NY: New York State Senate.http://www.nysenate.gov/files/pdfs/Family%20Court%20Report.pdf
3 U.S. Department of Justice, Civil Rights Division. (2009).Investigation of the Lansing Residential Center, Louis Gossett,Jr. Residential Center, Tryon Residential Center, and TryonGirls Center. Washington, DC: Author.http://www.usdoj.gov/crt/split/documents/NY_juvenile_facilities_findlet_08-14-2009 .pdf
4 Governor Paterson’s Task Force on Transforming JuvenileJustice. (2009). Charting a new course: A blueprint fortransforming juvenile justice in New York State. New York:Vera Institute of Justice.
http://www.vera.org/paterson-task-force-juvenile-justic-report5 Carrión, G. Commissioner. (2008). Empty beds, wasted dollars:
Transforming juvenile justice. New York: New York StateOffice of Children and Family Services.http://www.ccf.state.ny.us/Initiatives/CJRelate/CJResources/Feb28Summit/EmptyBeds.pdf
6 Governor Paterson’s Task Force on Transforming JuvenileJustice. (2009). Charting a new course: A blueprint fortransforming juvenile justice in New York State. New York:Vera Institute of Justice.
http://www.vera.org/paterson-task-force-juvenile-justic-report7 City of New York Office of the Mayor. (2010, January 20).
Mayor Bloomberg delivers 2010 State of the City AddressDetailing His Plans for the Recovery Ahead and the StrategyBehind It. Press Release.http://www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%2Fhtml%2Fom%2Fhtml%2F2010a%2Fpr029-10.html&cc=unused1978&rc=1194&ndi=1
8 Lippman, J. Chief Judge. (2010, March 16). Address to theCitizens Crime Commission of New York City.http://www.nycrimecommission.org/pdfs/lippman100316.pdf
9 Stanfield, R. (1999). Pathways to juvenile detention reform: TheJDAI Story – Building a better juvenile detention system.Baltimore, MD: The Annie E. Casey Foundation.http://www.aecf.org/upload/publicationfiles/jdai%20story.pdf
10 Child Welfare Watch. (2009). A need for correction: ReformingNew York’s juvenile justice system. New York: City Futures,Inc.http://www.newschool.edu/Milano/nycaffairs/documents/CWW18Final_006.pdf
11 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
12 National Center for Juvenile Justice. (2006). New York. StateJuvenile Justice Profiles. Pittsburgh, PA: Author.http://70.89.227.250:8080/stateprofiles/profiles/NY06.asp?state=%2Fstateprofiles%2Fprofiles%2FNY06.asp&topic=
13 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
14 Carrión, G. Commissioner. (2008). Empty beds, wasteddollars: Transforming juvenile justice. New York: New YorkState Office of Children and Family Services.http://www.ccf.state.ny.us/Initiatives/CJRelate/CJResources/Feb28Summit/EmptyBeds.pdf
15 The Correctional Association of New York. (2007). Juvenilejustice update. New York: Author.http://www.correctionalassociation.org/publications/download/jjp/factsheets/detention_fact_2007.pdf
16 City of New York Mayor’s Office of Operations. (2008).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2008_mmr/0908_mmr.pdf
17 New York State Offices of Alcoholism and Substance AbuseServices, and Children and Family Services. (2008). Plan ofCooperation—Working together: Improving the lives of NewYork’s children and families. Albany, NY: Author.http://www.oasas.state.ny.us/pio/collaborate/documents/OASAS-OCFSPOC2008.pdf
18 New York City Department of Juvenile Justice. (2008). Top 15Residential Community Districts for Youth Admitted toDetention in Fiscal 2008.http://nyc.gov/html/djj/pdf/adm_by_community_district_of_residence.pdf
19 New York City Department of Health and Mental Hygiene.(2004). Health disparities in New York City. New York:Author.http://www.nyc.gov/html/doh/downloads/pdf/epi/disparities-2004.pdf
20 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost ofthe city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
21 NY CLS Family Court Act § 301.2(8)22 NY CLS Family Court Act § 301.2(1)23 NY CLS Family Court Act § 353.3(5); 353.5(4)24 NY CLS Family Court Act § 355.3(6)25 NY Criminal Procedure Law § 1.20(42)26 NY Penal Law § 70.0527 NY Criminal Procedure Law § 72528 NY Criminal Procedure Law § 720.1029 NY Criminal Procedure Law § 720.10 (2&3)
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30 Cox, S., Conrad, J., & Allen, J. (2003). Juvenile justice: Aguide to theory and practice (5th ed., p. 3). New York:McGraw-Hill.
31 Siegel, L.J., Welsh, B.C., & Senna, J.J. (2003). Juveniledelinquency: Theory, practice, and law (8th ed.) Belmont, CA:Wadsworth/Thomson Learning.
32 Roffe, S. (n.d.). The history of New York City Department ofJuvenile Justice.http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm
33 Sobie, M. (1981). The Juvenile Offender Act: Effectiveness andimpact on the New York juvenile justice system. New YorkLaw School Law Review, 26, 677-722.
34 Roffe, S. (n.d.). The history of New York City Department ofJuvenile Justice.http://correctionhistory.org/html/chronicl/djj/djj20yrs3.htm
35 Snyder, H.N., & Sickmund, M. (2006). Juvenile offenders andvictims: 2006 national report (Publication No. NCJ 212906).Washington, DC: U.S. Department of Justice, Office of JusticePrograms, Office of Juvenile Justice and DelinquencyPrevention.http://ojjdp.ncjrs.org/ojstatbb/nr2006/downloads/NR2006.pdf
36 Siegel, L.J., Welsh, B.C., & Senna, J.J. (2003). Juveniledelinquency: Theory, practice, and law (8th ed.) Belmont, CA:Wadsworth/Thomson Learning.
37 Sobie, M. (1981). The Juvenile Offender Act: Effectiveness andimpact on the New York juvenile justice system. New YorkLaw School Law Review, 26, 677-722.
38 Roffe, S. (n.d.). The history of New York City Department ofJuvenile 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 ofJuvenile 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 YorkLaw School Law Review, 26, 677-722.
45 Roffe, S. (n.d.). The history of New York City Department ofJuvenile 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).
51 Raley, G.A. (1995). The JJDP Act: A second look. JuvenileJustice 2(2) (Publication No. NCJ 152979). Washington, DC:U.S. Department of Justice, Office of Justice Programs, Officeof Juvenile Justice and Delinquency Prevention.http://www.ncjrs.gov/pdffiles/jjjf95.pdf
52 1976 NY Laws Chapter 87853 1976 NY Laws Chapter 878 (amended 1978)54 1978 NY Laws Chapter 47855 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.). Historyof 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.). DJJ’sProgrammatic 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.). DJJ’s
Capacity Issues.http://www.nyc.gov/html/djj/html/capacity.html
60 Krisberg, B. (2006). Rediscovering the juvenile justice ideal inthe United States. In J. Muncie & B. Goldson. (Eds.),Comparative youth justice (pp. 6–18). 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 ofJuvenile Justice and Delinquency Prevention.http://www.ncjrs.gov/pdffiles1/ojjdp/178993.pdf
62 Krisberg, B. (2006). Rediscovering the juvenile justice ideal inthe United States. In J. Muncie & B. Goldson. (Eds.),Comparative youth justice (pp. 6–18). Thousand Oaks, CA:Sage Publications Inc.
63 Krisberg, B. (2006). Rediscovering the juvenile justice ideal inthe United States. In J. Muncie & B. Goldson. (Eds.),Comparative youth justice (pp. 6–18). Thousand Oaks, CA:Sage Publications Inc.
64 U.S. Department of Justice, Office of Juvenile Justice andDelinquency 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.pdf65 U.S. Department of Justice, Civil Rights Division. (2009).
Investigation of the Lansing Residential Center, Louis Gossett,Jr. Residential Center, Tryon Residential Center, and TryonGirls Center. Washington, DC: Author.http://www.usdoj.gov/crt/split/documents/NY_juvenile_facilities_findlet_08-14-2009.pdf
66 The Annie E. Casey Foundation. (2007). Detention reform: Aneffective public safety strategy. Detention Reform Brief.Baltimore, MD: Author.http://www.aecf.org/upload/PublicationFiles/jdai_facts2.pdf
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67 New York State Executive Office of the Governor. (2008,September 10). Governor Paterson announces task force ontransforming New York’s 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.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fhome2.nyc.gov%2Fhtml%2Fom%2Fhtml%2F2007a%2Fpr014-07.html&cc=unused1978&rc=1194&ndi=1
69 City of New York Office of the Mayor. (2008, May 12). MayorBloomberg announces new weekend court processing so youthwho present low risk to the community can be returned homeswiftly. Press Release.http://www.nyc.gov:80/portal/site/nycgov/menuitem.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%3A80%2Fhtml%2Fom%2Fhtml%2F2008a%2Fpr179-08.html&cc=unused1978&rc=1194&ndi=1
70 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost ofthe city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
71 Governor Paterson’s Task Force on Transforming JuvenileJustice. (2009). Charting a new course: A blueprint fortransforming juvenile justice in New York State. New York:Vera Institute of Justice.
http://www.vera.org/paterson-task-force-juvenile-justic-report72 City of New York Office of the Mayor. (2010, January 20).
Mayor Bloomberg delivers 2010 State of the City AddressDetailing His Plans for the Recovery Ahead and the StrategyBehind It. Press Release.http://www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%2Fhtml%2Fom%2Fhtml%2F2010a%2Fpr029-10.html&cc=unused1978&rc=1194&ndi=1
73 NY CLS Family Court Act § 305.274 Faruqee, M. (2002). Rethinking juvenile detention in New York
City: A report by the Juvenile Justice Project of theCorrectional Association of New York. New York: CorrectionalAssociation of New York.http://www.correctionalassociation.org/publications/download/jjp/rethinking_detention.pdf
75 Child Welfare Watch. (2009). A need for correction: ReformingNew York’s juvenile justice system. New York: City Futures,Inc.http://www.newschool.edu/Milano/nycaffairs/documents/CWW18Final_006.pdf
76 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
77 City of New York Mayor’s Office of Operations. (2009).Mayor’s 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; 320.679 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 city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
83 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
84 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
85 City of New York Mayor’s Office of Operations. (2009).Mayor’s 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 riskassessment instruments: New York State models.http://criminaljustice.state.ny.us/ofpa/jj/docs/nys_juvdet_risk_assmt_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 FamilyCourt. Testimony of Jacqueline Deane, Director ofDelinquency Practice, The Legal Aid Society to the Task Forceon 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 caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
91 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
92 National Center for Juvenile Justice. (2006). New York. StateJuvenile 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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93 NY CLS Family Court Act94 NY CLS Family Court Act § 320.2(1)95 NY CLS Family Court Act § 320.496 NY CLS Family Court Act § 320.597 NY CLS Family Court Act § 325.198 NY CLS Family Court Act § 325.399 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.shtml
101 Faruqee, M. (2002). Rethinking juvenile detention in New YorkCity: A report by the Juvenile Justice Project of theCorrectional 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 Mayor’s Office of Operations. (2009).Mayor’s 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 AdministrativeJudge. (2007). Criminal Court of the City of New York 2006annual 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 caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
105 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
106 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
107 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
108 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
109 NY Criminal Procedure Law § 725110 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost
of the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
111 NY CLS Family Court Act § 320.5(3)112 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost
of the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
113 NY CLS Family Court Act § 304.1(3)114 New York State Office of Children and Family Services.
(2008). County Directory of Juvenile Detention Facilities inNew York State. New York: Author.http://www.ocfs.state.ny.us/main/publications/detention_directory.pdf
115 NY CLS Family Court Act § 301.2(4)116 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost
of the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
117 New York City Department of Juvenile Justice. (n.d.).Resident Guide [Brochure].http://www.nyc.gov/html/djj/pdf/resident_guide.pdf
118 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
119 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
120 NY CLS Family Court Act § 301.2(5)121 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost
of the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
122 New York City Department of Juvenile Justice. (n.d.).Resident Guide [Brochure].http://www.nyc.gov/html/djj/pdf/seed_resident_guide.pdf
123 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
124 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
125 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
126 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
127 City of New York Mayor’s Office of Operations. (2009).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2009_mmr/0909_mmr.pdf
128 National Youth Screening Assistance Project. (n.d.) MAYSI-2.http://www.maysiware.com/MAYSI2.htm
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129 National Center for Juvenile Justice. (2006). New York. StateJuvenile Justice Profiles. Pittsburgh, PA: Author.http://70.89.227.250:8080/stateprofiles/profiles/NY06.asp?state=%2Fstateprofiles%2Fprofiles%2FNY06.asp&topic=
130 9 NYCRR § 180131 Aledort, N. (2009, January 29). Oversight: Core services for
remanded youth. Testimony of Nina Aledort, AssistantCommissioner for Program Services, New York CityDepartment of Juvenile Justice to the New York City CouncilCommittee on Juvenile Justice.http://www.nyc.gov/html/djj/pdf/juvenile_justice_commitee_hearing_oversight.pdf
132 Aledort, N. (2009, January 29). Oversight: Core services forremanded youth. Testimony of Nina Aledort, AssistantCommissioner for Program Services, New York CityDepartment of Juvenile Justice to the New York City CouncilCommittee on Juvenile Justice.http://www.nyc.gov/html/djj/pdf/juvenile_justice_commitee_hearing_oversight.pdf
133 New York City Department of Juvenile Justice. (n.d.)Education in Detention.http://www.nyc.gov/html/djj/html/education.html
134 Aledort, N. (2009, January 29). Oversight: Core services forremanded youth. Testimony of Nina Aledort, AssistantCommissioner for Program Services, New York CityDepartment of Juvenile Justice to the New York City CouncilCommittee on Juvenile Justice.http://www.nyc.gov/html/djj/pdf/juvenile_justice_commitee_hearing_oversight.pdf
135 Aledort, N. (2009, January 29). Oversight: Core services forremanded youth. Testimony of Nina Aledort, AssistantCommissioner for Program Services, New York CityDepartment of Juvenile Justice to the New York City CouncilCommittee on Juvenile Justice.http://www.nyc.gov/html/djj/pdf/juvenile_justice_commitee_hearing_oversight.pdf
136 Lubow, B. (2009, May 7). JDAI: Juvenile DetentionAlternatives Initiative (Annie E. Casey Foundation).Presentation by Bart Lubow, Director of Juvenile JusticeStrategy Group, The Annie E. Casey Foundation to the NewYork State Division of Criminal Justice Services Symposiumon Juvenile Justice Reform.http://criminaljustice.state.ny.us/ofpa/jj/docs/lubowmay7.ppt
137 Holman, B., & Ziedenberg, J. (2006). The dangers ofdetention: The impact of incarcerating youth in detention andother secure facilities. Washington, DC: Justice PolicyInstitute. http://www.justicepolicy.org/images/upload/06-11_REP_DangersOfDetention_JJ.pdf
138 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
139 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
140 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York City
Independent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
141 NY CLS Family Court Act § 340.1(1)142 NY CLS Family Court Act § 340.1(2)143 NY CLS Family Court Act § 342.2(2)144 NY CLS Family Court Act § 345.1; 351.1145 NY CLS Family Court Act § 315.3146 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising cost
of the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
147 NY CLS Family Court Act § 375.2148 NY CLS Family Court Act § 352.1149 NY CLS Family Court Act § 350.1150 NY CLS Family Court Act § 351.1151 Brennan, P. (2009). The NYC story: NYC Department of
Probation Project Zero. Presentation by Patricia Brennan,New York City Department of Probation to Juvenile DetentionAlternatives Initiative.http://www.jdaihelpdesk.org/Docs/Documents/Reducing%20Commitments%20and%20Out-of-Home%20Placements%20(Brennan).pdf
152 New York State Unified Court System. (n.d.). New York CityFamily Court: Family Court terms.http://www.nycourts.gov/courts/nyc/family/glossary1007.shtml
153 NY CLS Family Court Act § 353.3(5); 353.5(4)(i)154 NY CLS Family Court Act § 353.1(3)155 NY CLS Family Court Act § 315.3(1)156 NY CLS Family Court Act § 353.2(6)157 Deane, J. (2007, October 23). The role of probation in Family
Court. Testimony of Jacqueline Deane, Director ofDelinquency Practice, The Legal Aid Society to the TaskForce on the Future of Probation in New York State.http://www.legal-aid.org/media/29596/102307_probation_task_force_final.pdf
158 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
159 NY CLS Family Court Act § 352.2(2)@160 City of New York Mayor’s Office of Operations. (2009).
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161 New York State Unified Court System Office of CourtResearch. (2009). Count of D (Juvenile Delinquency) and E(Designated Felonies) Filings (2008) and Dispositions (2008)and Count of Final Dispositions for D and E Cases NotAcquitted or Dismissed (2008).
162 New York State Unified Court System Office of CourtResearch. (2009). Count of D (Juvenile Delinquency) and E(Designated Felonies) Filings (2008) and Dispositions (2008)and Count of Final Dispositions for D and E Cases NotAcquitted or Dismissed (2008).
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163 New York State Unified Court System Office of CourtResearch. (2009). Count of D (Juvenile Delinquency) and E(Designated Felonies) Filings (2008) and Dispositions (2008)and Count of Final Dispositions for D and E Cases NotAcquitted or Dismissed (2008).
164 New York State Unified Court System Office of CourtResearch. (2009). Count of D (Juvenile Delinquency) and E(Designated Felonies) Filings (2008) and Dispositions (2008)and Count of Final Dispositions for D and E Cases NotAcquitted or Dismissed (2008).
165 New York State Unified Court System Office of CourtResearch. (2009). Count of D (Juvenile Delinquency) and E(Designated Felonies) Filings (2008) and Dispositions (2008)and Count of Final Dispositions for D and E Cases NotAcquitted or Dismissed (2008).
166 NY Criminal Procedure Law § 190.05167 NY Criminal Procedure Law § 190.60168 NY Criminal Procedure Law § 210.05169 NY Criminal Procedure Law § 210.15; 220.10170 NY Criminal Procedure Law § 70.20171 NY Criminal Procedure Law § 380.30; 390.20172 NY Criminal Procedure Law § 330.10173 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.shtml
174 NY Criminal Procedure Law § 720175 NY Criminal Procedure Law § 720176 NY Criminal Procedure Law § 160.58177 Gewirtz, M. (2009). Annual report on the adult court case
processing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
178 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
179 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
180 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
181 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
182 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
183 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
184 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
185 Gewirtz, M. (2009). Annual report on the adult court caseprocessing of juvenile offenders in New York City, Januarythrough December 2008. New York: New York City CriminalJustice Agency, Inc.http://www.cjareports.org/reports/jo2008color.pdf
186 New York State Division of Criminal Justice Services. (2009).New York City Sentences for Youth Offenders (16-17 YearOlds) 2008 data from the Computerized Criminal Historysystem as of 9/09.
187 NY Penal Law § 70.05188 New York State Division of Criminal Justice Services. (2009).
New York City Sentences for Juvenile Offenders Convicted inAdult Court 2008 data from the Computerized CriminalHistory system as of 9/09.
189 New York State Division of Criminal Justice Services. (2009).New York City Sentences for Juvenile Offenders Convicted inAdult Court 2008 data from the Computerized CriminalHistory system as of 9/09.
190 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
191 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
192 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
193 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
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194 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic 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 report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic 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 JuvenileJustice and Opportunities for Youth. Rensselaer, NY: NewYork Office of Strategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/Youth%20In%20Care%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 JuvenileJustice and Opportunities for Youth. Rensselaer, NY: NewYork Office of Strategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/Youth%20In%20Care%20Report.pdf
200 9 NYCRR § 180201 New York State Office of Children and Family Services.
(2009). Division of Juvenile Justice and Opportunities forYouth. http://www.ocfs.state.ny.us/main/rehab/
202 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent 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_Commitments_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_Commitments_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_Commitments_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 York’s juvenile justice system. New York: CityFutures, Inc.http://www.newschool.edu/Milano/nycaffairs/documents/CWW18Final_006.pdf
209 New York State Office of Children and Family Services.(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic 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 report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic 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/ProbationReport11.08web.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 TryonGirls Center. Washington, DC: Author.http://www.usdoj.gov/crt/split/documents/NY_juvenile_facilities_findlet_08-14-2009.pdf
213 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent 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 theidentification and treatment of youth with mental health needsin contact with the juvenile justice system. Delmar, NY: PolicyResearch Associates, Inc.http://www.ncmhjj.com/Blueprint/pdfs/Blueprint.pdf
215 Governor Paterson’s Task Force on Transforming JuvenileJustice. (2009). Charting a new course: A blueprint fortransforming juvenile justice in New York State. New York:Vera Institute of Justice.
http://www.vera.org/paterson-task-force-juvenile-justic-report216 New York State Office of Children and Family Services.
(2009). Division of Juvenile Justice and Opportunities forYouth.
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_services.shtml
218 New York City Department of Probation. (n.d.). JuvenileServices.http://www.nyc.gov/html/prob/html/programs/juvenile_services.shtml
219 City of New York Mayor’s Office of Operations. (2008).Mayor’s Management Report. New York: Author.http://www.nyc.gov/html/ops/downloads/pdf/2008_mmr/0908_mmr.pdf
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220 Joint Committee of the Association of the Bar of the City ofNew York and the New York County Lawyers' Association.(n.d.). Criminal justice system handbook.http://www.courts.state.ny.us/litigants/crimjusticesyshandbk.shtml
221 New York City Department of Probation. (n.d.). Programs andServices.http://www.nyc.gov/html/prob/html/programs/programs_services.shtml
222 9 NYCRR § 352.4223 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 § 365.1232 NY CLS Correction Law Article 24233 New York State Division of Parole. (2007). New York State
Parole handbook: Questions and answers concerning parolerelease and supervision. New York: Author.https://parole.state.ny.us/Handbook.pdf
234 9 NYCRR § 8001.1235 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 § 806240 NY CLS Correction Law § 806.2241 New York State Division of Parole. (2007). New York State
Parole handbook: Questions and answers concerning parolerelease 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 parolerelease and supervision. New York: Author.https://parole.state.ny.us/Handbook.pdf
244 NY CLS Executive Law § 510-a245 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 9 NYCRR § 8002.5(b)(5)257 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 parolerelease and supervision. New York: Author.https://parole.state.ny.us/Handbook.pdf
262 New York State Division of Parole. (2007). New York StateParole handbook: Questions and answers concerning parolerelease and supervision. New York: Author.https://parole.state.ny.us/Handbook.pdf
263 9 NYCRR § 8003.2264 9 NYCRR § 8004.2265 9 NYCRR § 8005.3266 9 NYCRR § 8005.7267 9 NYCRR § 8005.6(a)268 9 NYCRR § 8005.4269 9 NYCRR § 8005.7270 9 NYCRR § 8005.17(a)271 9 NYCRR § 8005.15272 9 NYCRR § 8005.19(e)273 9 NYCRR § 8005.16274 9 NYCRR § 8005.19(d)275 New York State Office of Children and Family Services.
(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
276 New York State Division of Parole. (2007). New York StateParole handbook: Questions and answers concerning parolerelease and supervision. New York: Author.https://parole.state.ny.us/Handbook.pdf
277 9 NYCRR § 8005.20278 9 NYCRR § 8002.6279 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 § 8006.1285 NY CLS Executive Law § 510-a286 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 9 NYCRR § 169.8(a)295 9 NYCRR § 169.8(a)296 9 NYCRR § 169.8(d)297 9 NYCRR § 169.10298 Center for Court Innovation. (n.d.). Youthful Offender
Domestic Violence Court.http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPage&PageID=608¤tTopTier2=true
299 Center for Court Innovation. (n.d.). Red Hook Youth Court.http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPage&PageID=581¤tTopTier2=true
300 Center for Court Innovation. (n.d.). Staten Island Youth JusticeCenter.http://www.courtinnovation.org/index.cfm?fuseaction=page.viewPage&pageID=673&nodeID=1
301 Center for Court Innovation. (n.d.). Harlem Youth JusticeCenter.http://courtinnovation.org/index.cfm?fuseaction=Page.ViewPage&PageID=593¤tTopTier2=true
302 City of New York Mayor’s Office of Operations. (2009).Mayor’s 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 ofDJJ’s Release to Parent Initiative. Testimony of Herman L.Dawson, Deputy Commissioner for Legal Affairs and GeneralCounsel, New York City Department of Juvenile Justice to theNew 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 ofDJJ’s Release to Parent Initiative. Testimony of Herman L.Dawson, Deputy Commissioner for Legal Affairs and GeneralCounsel, New York City Department of Juvenile Justice to theNew 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 inNew York State. New York: Author.http://www.ocfs.state.ny.us/main/publications/detention_directory.pdf
306 Wong, M., & Spitzer, K. (2008). Fiscal brief: The rising costof the city’s juvenile justice system. New York: New York CityIndependent Budget Office.http://www.ibo.nyc.ny.us/iboreports/JJpath.pdf
307 Salsich, A. (2008, April 28). Juvenile Risk AssessmentInstrument. Testimony of Annie Salsich, Associate Director,Center on Youth Justice, Vera Institute of Justice to the NewYork City Council Committee on Juvenile Justice.
308 Brennan, P. (2009). The NYC story: NYC Department ofProbation Project Zero. Presentation by Patricia Brennan,New York City Department of Probation to Juvenile DetentionAlternatives Initiative.http://www.jdaihelpdesk.org/Docs/Documents/Reducing%20Commitments%20and%20Out-of-Home%20Placements%20(Brennan).pdf
309 NY CLS Family Court Act § 353.1(1)310 NY CLS Family Court Act § 353.2(2)
311 NY CLS Family Court Act § 315.3(1)312 NY CLS Family Court Act § 315.3(2)313 New York State Office of Children and Family Services.
(2009). Youth in care: 2008 annual report—Youth placed inOCFS Custody Tables 1-12, Division of Juvenile Justice andOpportunities for Youth. Rensselaer, NY: New York Office ofStrategic Planning and Policy Development.http://www.ocfs.state.ny.us/main/reports/asr08.pdf
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 Commission’s website: www.nycrimecommission.org
For more information about the Crime Commission’s juvenile crime initiatives, contact Ashley Cannon [email protected].
The Citizens Crime Commission is an independent nonprofit organization working to make criminal justice andpublic safety policies and practices more effective through innovation, research, and education.
p: 212.608.4700 • f: 212.350.2701 • e: [email protected]