NCJ Number
99219
Date Published
1985
Length
44 pages
Annotation
This New York State study examines (1) the transfer of juvenile offenders (JO's) from the Division for Youth (DFY) to the Department of Correctional Services (DOCS), (2) the transfer of JO's from secure centers to less restrictive DFY facilities, and (3) JO placement in DFY under Titles II and III of the Executive Law, Article 19-G.
Abstract
The report first examines the DFY's system of security levels in residential care as well as the State laws which restrict placement and transfer and the placement criteria used by the agency. It then discusses issues of juvenile placement and transfer within the system of security levels and between DFY and DOCS. Such transfers and placements are explained in accordance with Titles II and III of the Executive Law, Article 19-G. The study notes that juvenile correctional law and policies reflect the tensions between differing juvenile justice goals bearing upon offender needs, community protection, treatment, punishment, care, custody, due process, and individualized justice. The report recommends that present policy regarding JO transfers to DOCS (i.e., remaining within DFY facilities until age 20) not be changed, since there is no compelling argument for more frequent or earlier transfer to DOCS. On the other hand, 16- to 21-year olds in DOCS, who may have committed less serious offenses than some JO's in the DFY facilities, are confined in an adult system which provides less rehabilitation opportunities than DFY facilities. Given this situation, this study recommends broad examination of age-specific correctional policy in the State. It is suggested that dispositional decisions about juveniles be informed by empirical evidence about the relative merits of placement in adult versus juvenile systems. The appendix contains DFY placement criteria, and 42 footnotes are listed.