The Juvenile Justice System:What You Need to Know

Juanita Gamble and Emily NaPier Onondaga County Co-Coordinators

Part of a New York State initiative to reduce disproportionate minority contact with the

Juvenile Justice System

Presented by the Center for Community Alternatives (CCA)

DMC Project in Onondaga County

Disproportionate Minority Contact (DMC) occurs when the proportion of youth of color who pass through the juvenile justice system exceeds the proportion of youth of color in the general population.

CCA has been funded by the NYS Division of Criminal Justice Services (DCJS) to coordinate the County-wide effort to reduce DMC.

Key Project Objectives

Form a committee to focus on local DMC that includes community stakeholders

Collect and review comprehensive data to understand local DMC

Develop data-driven strategies to reduce local DMC

Provide community presentations on the local DMC project and the Juvenile Justice System

The Juvenile Justice System

The Juvenile Justice System (JJS) is a networkof agencies that consists of:

Police Departments Detention Facilities Probation Department County Attorney’s Office Family Court

Police Contact: Minor Offenses

Police contact for a young person under the ageof 16 usually results in…

the young person receiving an appearance ticket stating that probation will contact them

a requirement that the young person and his/her parents/guardians meet with the assigned probation officer

Diversion Plan

For most cases, the probation officer will createan alternative plan to Family Court by offeringseveral options that include…

community service probation referral to alternative programs

Police Contact: Serious OffensesPolice contact with a young person under the age of 16for a serious offense results in… the young person being escorted to Family Court

where a parent/guardian will be contacted judge decides whether to send to detention facility

OR after business hours, Hillbrook staff complete a risk

assessment instrument by phone to decide whether to detain youth

Risk Assessment Instrument

The purpose of the risk assessment instrument(RAI) is to determine whether to…

release young person release with supervision (probation) place the young person in detention to await a

Family Court date

Detention Facility

A young person can be held at a secure or non-secure detention facility depending on the needs of the youth

Detention facilities provide temporary placement for youth to await their Family Court date

Court Proceedings

A young person arrested under the age of 16may experience 2 types of court proceedings:

Juvenile Delinquent (J.D.) Juvenile Offender (J.O.)

Juvenile Delinquent (J.D.)

Juvenile Delinquency proceedings apply to aperson who…

is at least 7 and less than 16 years old

is charged with committing an act which would be a crime if he/she was an adult

Juvenile Delinquent (J.D.)

Juvenile Delinquency proceedings… are heard in Family Court include charges filed by the County Attorney require that a parent/guardian be present require that an attorney for the child be

appointed to represent the juvenile

Family Court

Once the young person appears in Family Court,the assigned judge will…

assign an attorney for child

review the details of the offense make recommendations to resolve the issue

that may include probation, community service, restitution, etc.

What is an Attorney for the Child?

An attorney for the child is an attorney appointed

by the Court to serve as the young person’s

advocate and represent his/her interests.

Responsibilities of theAttorney for the Child

Responsibilities of the attorney for the child include, but arenot limited to:

Prompt representation of the child upon being notified of the appointment

Contact, interview and provide initial services to the child at the earliest practical opportunity

Consult with and advise the child regularly concerning the course of the proceedings

Conduct a full factual investigation and become familiar with all information and documents relevant to representing the child

Appear at and actively participate in proceedings pertaining to the child

Juvenile Delinquent (J.D.)

Family Court placement options while a case ispending include… placement in a secure detention facility placement in a non-secure detention facility release with community supervision (probation) release without supervision

Juvenile Offender (J.O.)

Juvenile Offender proceedings apply to a personwho is…

13, 14, or 15 years old charged with certain kinds of serious criminal

acts such as arson, rape, robbery, or murder

Juvenile Offender (J.O.)

Juvenile Offender proceedings…

try the young person as an adult are heard in County Court or Supreme Court require that the young person be represented

by a criminal defense attorney are prosecuted by an Assistant District

Attorney are resolved by a plea bargain or a trial can grant youthful offender (Y.0.) status

Juvenile Offender (J.O.)

County Court placement options while a case ispending…

place in secure detention facility release with community supervision (probation) release without community supervision

Youthful Offender (Y.O.)

Youthful Offender adjudication applies to aperson who…

is between 14 and 19 years old is classified as a J.O. or is 16 -19 years old

charged as an adult

Youthful Offender (Y.O.)

If adjudicated a Y.O. after a felony conviction, thesentencing options include… conditional discharge probation up to 4 years in prisonBUT the conviction will be sealed and not appear

on the young person’s public criminal history, and

is not legally considered a criminal conviction

Youthful Offender (Y.O.)

Factors a judge will consider for Y.O. adjudicationinclude…

gravity and manner of crime prior criminal record recommendations in pre-sentence report reputation attitude towards society cooperation prospects for rehabilitation interest of justice

Processing Juvenile CasesJuvenile Delinquents

Minor Offenses Juvenile Offenders

Serious Offenses

Definition At least 7 yrs old & less than 16 yrs old A youth 13 to 15 yrs old

Where case decided Family Court County or Supreme Court

Police Contact Taken into custody Arrested

First court appearance Initial appearance Arraignment in Criminal Court

Prosecution Deputy County Attorney Assistant District Attorney

Custody Options Remand to secure or non secure detention or released

Bail, ROR, remand to secure detention

Legal Representation Appointed Attorney for the Child Defense Counsel

How case decided Fact Finding Hearing Plea/Trial

Judicial Options Dispositional Hearing-probation-placement with OCFS-Adjournment in Contemplation of Dismissal (ACD)-conditional discharge -restitution

Sentencing, if convicted-probation-confinement in an OCFS secure facility

The Juvenile Justice System

Contrary to popular belief…

The goal of the Juvenile Justice System is todeter juveniles from future criminal justice systeminvolvement.

Parents and community members are importantresources in achieving that goal…

FUTURE PRESENTATIONS

Future presentations at Catholic Charities… Understanding DMC in Onondaga County

Thursday, February 24th at 6:00pm Know Your Rights: Advocating for Youth Involved in the

Juvenile Justice System Thursday, March 3rd at 6:00pm

Building Skills to be an Effective Committee Member Thursday, March 10th at 6:00pm

Please contact Juanita Gamble at 315.422.5638 ext. 263 or Emily NaPier at 315.422.5638 ext. 267 for more information.