DISTRICT ATTORNEY KINGS COUNTY Eric Gonzalez Acting District

DISTRICT ATTORNEY KINGS COUNTY Eric Gonzalez Acting District Attorney 350 JAY STREET BROOKLYN, NY 11201 -2908 (718) 250 -2000 WWW. BROOKLYNDA. ORG Brooklyn Young Adult Court Kings County Criminal Bar Association January 19, 2017 This initiative is supported by Grant No. 2015 -YX-BX-0002 awarded by the Bureau of Justice Assistance.

Overview • BYAC is a problem-solving court created by KCDA, in collaboration with the Center for Court Innovation, to combat high levels of crime and rearrests amongst 16 to 24 year-olds in Brooklyn. • Smart Prosecution Grant funded by the Department of Justice Bureau of Justice Assistance. • The Young Adult Justice Initiative is a partnership between the Brooklyn DA’s Office and the Center for Court Innovation to develop innovative strategies and adopt evidence-based practices to proactively reduce crime and achieve a safer community. • Prosecutor-led initiative making us one of the first jurisdictions to create a specialized approach of this kind for adolescent offenders. This initiative expands the population eligible for diversion and this specialized approach.

Courtesy of Spencer Burnett

Three elements of the Young Adult Justice Initiative: 1. Dedicated Prosecution Bureau at the Kings County District Attorney’s Office. 2. Young Adult Court with an assigned judge that would handle all misdemeanor cases of young adults ages 16 -24 (excluding specialized bureaus). 3. Specialized training focused for stakeholders on adolescent brain and psychosocial development, risk-needs responsivity, and procedural justice.

Opening Ceremony on May 6, 2016 Pictured left: The late District Attorney Ken Thompson giving remarks during the opening ceremony of the Young Adult Court. Pictured right: The Honorable Michael Yavinsky, Supervising Judge of the Brooklyn Criminal Court, also addresses attendees at the ceremony.

Young Adult Justice Initiative Stakeholders

How It Works: The Young Adult Court Bureau 1 st Next If • Arraignment • Eligible Cases sent to the Young Adult Court Bureau or BYAC offer is made at Arraignments. • Young Adult Court Bureau Chief reviews all BYAC eligible cases and eligible cases sent to trial zone supervisors for assignment. • Defendants which are considered “higher risk” and more likely to offend, stay in the Young Adult Court Bureau. • Defendants who are ineligible or decline diversion offer, proceed on the regular trial track but the case remains in the BYAC part. Increase Public Safety Accountability Creating a unique path Social Services Diversion Programs Reduce Recidivism Building meaningful relationships Assessment

BY THE NUMBERS: 18 -24 YEAR OLDS In 2013, the Brooklyn DA’s Office prosecuted about 100, 000 cases and 30, 000 of those cases involved defendants up to age 24. Cases by Gender Women Men Chart Title 10% 30% US Population Crimes Committed Of the 30, 000 crimes committed • More than half survived arraignment • About 13, 000 cases were violations and misdemeanors

Adolescent Diversion Initiative Timeline Chief Judge Lippman calls for legislation to develop an approach to 16 and 17 year-olds in the criminal justice system 2011 2012 Adolescent Diversion Pilot Program launches in nine counties in New York State including Brooklyn Handle d over 1, 200 cases Adolescent Diversion Pilot Program Report published in January 2013 Kings County DA receives DOJ’s Bureau of Justice Assistance Smart Prosecution Grant 2014 Adolescent Diversion Pilot Program expanded to age 24 for defendants in Brownsville & Red Hook 2015 2016 2017 Kings County DA launches Brooklyn Young Adult Court for all defendants 16 -24 years old Beginning March 2016, every case is adjourned to the Young Adult part (including cases that aren’t eligible for diversion). 2018

CHALLENGES • Buy-In • Calendar Volume • Re-offenders 160 140 120 100 80 60 40 20 0 March April May June July 2015 August 2016 September October November December

Young Adult Court Programs & Services Advanced Psychotherapy B. O. L. T. S. Better Decisions, Better Outcomes Group BJI Community Awareness (16 -19) BJI Community Awareness (20 -24) BJI Conflict Resolution (16 -19) BJI Conflict Resolution (20 -24) BJI Employment Readiness (16 -19) BJI Employment Readiness (20 -24) Bridge Back to Life Brownsville Community Awareness Brownsville Community Service Brownsville Conflict Resolution Brownsville Employment Readiness Group Brownsville Leadership Development Brownsville Leadership Project Intake Brownsville Streets, Love & Life Case Management Sessions Catholic Charities Man-Up Community Service Conflict Resolution Workshop Conifer Park Counseling Service of EDNY: Drug Education Workshop Department of Education Consultation with Ed. Liaison Employment Readiness Group Exalt GED Program @120 Graham SLAM Groundswell Individual Counseling Insight Initiative Justice Center Crew Make It Happen Museum of Tolerance Neighborhood Restitution Crew New York Peace Institute Peacemaking Red Hook Initiative Red Hook Parks Department Recess Assembly TASC The Door Young Adult Anger Management Group Young New Yorkers

Case Law • People v. Rudolph, 21 N. Y. 3 d 497 (2013) Ø Held whenever a defendant is eligible for Youthful Offender (YO) Treatment, the court has to exercise its discretion to determine whether to grant the defendant YO treatment. • People v. Pacherille, 25 N. Y. 3 d 1021 (2015) Ø Held that the sentencing court’s discretionary denial of YO is encompassed in the waiver of the right to appeal. • People v. Mc. Eachern, 2016 NY Slip Op 08248 Ø Held that whether or not YO was a condition of the plea, the sentencing court should put its reasons for denying YO on the record.