- Slides: 25
The Juvenile Justice System: What You Need to Know Juanita Gamble and Emily Na. Pier 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 n 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. n 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 n Form a committee to focus on local DMC that includes community stakeholders n Collect and review comprehensive data to understand local DMC n Develop data-driven strategies to reduce local DMC n Provide community presentations on the local DMC project and the Juvenile Justice System
The Juvenile Justice System (JJS) is a network of agencies that consists of: n Police Departments n Detention Facilities n Probation Department n County Attorney’s Office n Family Court
Police Contact: Minor Offenses Police contact for a young person under the age of 16 usually results in… n the young person receiving an appearance ticket stating that probation will contact them n 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 create an alternative plan to Family Court by offering several options that include… n community service n probation n referral to alternative programs
Police Contact: Serious Offenses Police contact with a young person under the age of 16 for a serious offense results in… n the young person being escorted to Family Court where n n a parent/guardian will be contacted judge decides whether to send to detention facility OR n 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… n release young person n release with supervision (probation) n place the young person in detention to await a Family Court date
Detention Facility n A young person can be held at a secure or non-secure detention facility depending on the needs of the youth n Detention facilities provide temporary placement for youth to await their Family Court date
Court Proceedings A young person arrested under the age of 16 may experience 2 types of court proceedings: n Juvenile Delinquent (J. D. ) n Juvenile Offender (J. O. )
Juvenile Delinquent (J. D. ) Juvenile Delinquency proceedings apply to a person who… n is at least 7 and less than 16 years old n is charged with committing an act which would be a crime if he/she was an adult
Juvenile Delinquent (J. D. ) Juvenile Delinquency proceedings… n are heard in Family Court n include charges filed by the County Attorney n require that a parent/guardian be present n 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… n assign an attorney for child n review the details of the offense n 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 the Attorney for the Child Responsibilities of the attorney for the child include, but are not limited to: n n n 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 is pending include… n n 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 person who is… n 13, 14, or 15 years old n charged with certain kinds of serious criminal acts such as arson, rape, robbery, or murder
Juvenile Offender (J. O. ) Juvenile Offender proceedings… n try the young person as an adult n are heard in County Court or Supreme Court n require that the young person be represented by a criminal defense attorney n are prosecuted by an Assistant District Attorney n are resolved by a plea bargain or a trial n can grant youthful offender (Y. 0. ) status
Juvenile Offender (J. O. ) County Court placement options while a case is pending… n place in secure detention facility n release with community supervision (probation) n release without community supervision
Youthful Offender (Y. O. ) Youthful Offender adjudication applies to a person who… n is between 14 and 19 years old n 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, the sentencing options include… n conditional discharge n probation n up to 4 years in prison BUT n the conviction will be sealed and not appear on the young person’s public criminal history, and n is not legally considered a criminal conviction
Youthful Offender (Y. O. ) Factors a judge will consider for Y. O. adjudication include… n n n n 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 Cases Juvenile Delinquents Juvenile Offenders Minor Offenses 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 to deter juveniles from future criminal justice system involvement. Parents and community members are important resources in achieving that goal…
FUTURE PRESENTATIONS Future presentations at Catholic Charities… n Understanding DMC in Onondaga County n n Know Your Rights: Advocating for Youth Involved in the Juvenile Justice System n n Thursday, February 24 th at 6: 00 pm Thursday, March 3 rd at 6: 00 pm Building Skills to be an Effective Committee Member n Thursday, March 10 th at 6: 00 pm Please contact Juanita Gamble at 315. 422. 5638 ext. 263 or Emily Na. Pier at 315. 422. 5638 ext. 267 for more information.