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New York

New York. Juvenile Justice System. How the system works?. Organized structurally on a state and local level Private and individual agencies 58 county probation offices in 62 different counties

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New York

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  1. New York Juvenile Justice System

  2. How the system works? Organized structurally on a state and local level Private and individual agencies 58 county probation offices in 62 different counties The Office of Children and Family Services’ Division of Rehabilitative Services oversees most aftercare services.

  3. How the system works? • Police officers have the discretion to take the juvenile directly to Family Court or issue them a ticket and then they must report to the probation office. • The probation office decides if the juvenile needs an agency. • Services may include: probation monitoring, counseling, behavioral programs, community service, substance abuse programs, youth courts or even mentoring

  4. How the system works? The Office of Children and Family Services’ Division of Rehabilitative Services operates 34 juvenile residential facilities Three different levels of security accredited secure limited secure non-secure

  5. How the system works? • Office of Children and Family Services is responsible for releasing juveniles on good behavior. • No blended sentencing provisions • Once released the juvenile usually receives some kind of aftercare treatment. • Family Advocacy Bureau works with families and youth to provide assistance in rehabilitating.

  6. Waivers • Statutory Exclusion • A juvenile who meets statutory age and it falls in the offense criteria is "criminally responsible" as a "juvenile offender," and thus is tried in superior court rather than family court. • State or local must have “reasonable cause” to believe the child has committed an excluded offense • District attorney may transfer the case back to family court if it is in the “interests of justice”

  7. Waivers

  8. Waivers • Reverse Waiver • The superior court may order removal of a statutorily excluded case if “ to do so would be in the interests of justice” • If the juvenile is accused of second degree murder, first degree rape, or an armed felony the district attorney must approve the removal. • The juvenile must also prove minor participation in the crime, and also possible problems within the proof of the crime. • The district attorney has final say and must give their reasons on the record.

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