NCJ Number
53439
Journal
JUVENILE JUSTICE REPORT Volume: 1 Issue: 3 Dated: (AUGUST 1978) Pages: COMPLETE ISSUE
Date Published
1978
Length
17 pages
Annotation
PROVISIONS OF A NEW LAW IN NEW YORK STATE, WHICH MAKES 13- TO 15-YEAR-OLD YOUTHS CRIMINALLY RESPONSIBLE FOR CERTAIN FELONIES, ARE DISCUSSED REGARDING CRIMINAL COURT JURISDICTION AND PROCESS, SENTENCING, AND INCARCERATION.
Abstract
THE FOCUS OF THE DISCUSSION IS ON A BILL THAT PROPOSES SIGNIFICANT CHANGES IN BOTH JUVENILE JUSTICE AND CRIMINAL JUSTICE. AS OF SEPTEMBER 1, 1978, JUVENILES AGED 14 AND 15 YEARS ALLEGED TO HAVE COMMITTED SERIOUS AND VIOLENT FELONIES AND JUVENILES AGED 13 YEARS ALLEGED TO HAVE COMMITTED MURDER IN THE SECOND DEGREE WILL BE SENT TO AND TRIED IN ADULT CRIMINAL COURTS AND WILL BE SUBJECT TO ADULT PRISON SENTENCES. JUVENILE OFFENDER CASES PROCESSED THROUGH THE CRIMINAL COURT SYSTEM ARE CONSIDERED IN RELATION TO ARRAIGNMENT AND BAIL, PRELIMINARY HEARING, GRAND JURY ACTION, GUILTY PLEAS, LIMITS ON PLEA BARGAINING, TRIAL AND JURY VERDICTS, SENTENCING, AND PLACEMENT OF CONVICTED JUVENILE OFFENDERS. THERE ARE SEVERAL POINTS AT WHICH JUVENILE OFFENDERS MAY BE SENT TO FAMILY COURTS, INCLUDING PREINDICTMENT REMOVAL, REMOVAL AFTER PRELIMINARY HEARING, GRAND JURY REMOVAL, POSTINDICTMENT REMOVAL, AND POSTVERDICT REMOVAL. FAMILY COURT ACTION ON A REMOVED CASE MUST BE BASED ON PROBABLE CAUSE THAT A JUVENILE IS DELINQUENT. MISCELLANEOUS PROVISIONS OF THE LEGISLATION PERTAIN TO COUNSEL RESPONSIBLE FOR A REMOVED CASE, THE EFFECT OF A JUVENILE OFFENDER CONVICTION OR DESIGNATED FELONY FINDING ON SUBSEQUENT CONVICTIONS, RESPONSIBILITIES OF THE DIVISION OF YOUTH, RESPONSIBILITIES OF CRIMINAL JUSTICE SERVICES, AND THE MAJOR VIOLENT OFFENSE TRIAL PROGRAM THAT GIVES ADDITIONAL RESOURCES TO PROCESS CERTAIN CASES. CONVICTED JUVENILE OFFENDERS ARE SUBJECT TO SLIGHTLY MORE LENIENT SENTENCES. THEY MAY SERVE THE FIRST PART OF THEIR TERMS IN SECURE FACILITIES OF THE DIVISION FOR YOUTH (DFY) WITH ALL DFY SERVICES MADE AVAILABLE TO THEM. IF THEIR SENTENCE CONTINUES AFTER THEY REACH THE AGE OF 21, THEY WILL BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS. INFORMATION ON SPECIFIC PROVISIONS OF THE LAW ARE GIVEN.