DESIGNATED FELONY CASE PROCESSING IN NEW YORK CITY (NY) (FROM CRIMINAL JUSTICE STATISTICS ASSOCIATION, INC PROCEEDINGS..., 1978 - SEE NCJ-63086)

• NCJ Number: 63089
• Author(s): J MILLER; E MESSING
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Justice Research and Statistics Association
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

RESULTS ARE REPORTED FROM AN ANALYSIS OF THE EFFECTIVENESS OF THE VARIOUS COMPONENTS OF THE NEW YORK JUVENILE JUSTICE SYSTEM IN ITS PROCESSING OF JUVENILE OFFENDERS CALLED 'DESIGNATED FELONY' OFFENDERS. NEW YORK

Abstract

STATE'S JUVENILE JUSTICE REFORM ACT (JJRA) CLASSIFIES CERTAIN CRIMES AS 'DESIGNATED FELONIES' WHEN COMMITTED BY 14-AND 15-YEAR-OLDS. THE ACT MANDATES SPECIAL PROCEDURES FOR THESE CASES: (1) NO DESIGNATED FELONY CHARGE MAY BE DIVERTED FROM FAMILY COURT ADJUDICATION AT INTAKE WITHOUT THE WRITTEN APPROVAL OF A FAMILY COURT JUDGE; (2) EACH FAMILY COURT MUST SEE ASIDE A SEPARATE PROCEDURE FOR HEARING DESIGNATED FELONY CASES; (3) IF THE COURT DECIDES THAT RESTRICTIVE PLACEMENT IS REQUIRED, IT MUST ADHERE TO PLACEMENT TERMS IN THE JJRA; (4) RESTRICTIVE PLACEMENT MUST BE ORDERED IF A DESIGNATED FELONY IS COMMITTED AGAINST A PERSON 62 YEARS OF AGE OR OLDER; AND (5) THE RESPONSIBLE CORPORATION COUNSEL OR COUNTY ATTORNEYS MAY CONTRACT WITH THE DISTRICT ATTORNEY TO REPRESENT THE PETITIONER IN DESIGNATED FELONY CASES. A STUDY WAS MADE BY THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE PROCESSING OF DESIGNATED FELONY CASES DURING THE FIRST YEAR OF THE JJRA'S IMPLEMENTATION. A LISTING OF ALL DESIGNATED FELONY OFFENDERS BROUGHT TO PROBATION INTAKE WAS GATHERED AND INFORMATION WAS OBTAINED FROM THEIR PROBATION FILES. THE POLICE APPEAR NOT TO BE WELL-TRAINED IN REGARD TO THE PROCESSING AND RECORDKEEPING ASSOCIATED WITH DESIGNATED FELONY OFFENDERS. COURT ACTIONS REGARDING SUCH OFFENDERS ARE NOT BEING CONSISTENTLY REPORTED. THE ONE HIGHLY RELIABLE SOURCE OF INFORMATION ON DESIGNATED OFFENDERS IS THE REPORTS FILED BY THE DISTRICT ATTORNEYS PROSECUTING DESIGNATED FELONY CASES IN NEW YORK CITY UNDER A GRANT FROM THE STATE; THESE REPORTS SHOW THAT SPECIAL PROSECUTION BY DISTRICT ATTORNEYS ENHANCES CONVICTION RATES. FURTHER RESEARCH IS NEEDED REGARDING STANDARDS USED BY DISTRICT ATTORNEYS IN DETERMINING DESIGNATED FELONY CASES. ALSO, ADEQUATE MONITORING RECORDS NEED TO BE KEPT AFTER PLACEMENT OF A DESIGNATED FELON. (RCB)