Establishes a youth court diversion program to transfer the dispositional phase of proceedings to youth courts

Background

Youth Courts

Many of our children are spending significant time in court, or in school suspensions or expulsions proceedings, hindering their educational, social and personal development. Youth courts present an alternative to formal school disciplinary, family and criminal court system involvement and hold youth accountable for their actions while promoting civic engagement and positive youth development. A youth court is a tribunal of young people who have been trained to conduct dispositional hearings for youth who are alleged to have committed certain lower level offenses and to determine and assign constructive sanctions designed to restore the community, reduce recidivism, and serve as an alternative to further formal processes.

The process is overseen by volunteer lawyers, judges, educators, law enforcement officials or community members and youth courts can take various forms. Models include, but are not limited to; a tribunal presided over by an adult judge or a youth judge, or a peer tribunal. Sanctions may be determined by either a peer jury or peer tribunal. Sanctions typically include community service, letters of apology, behavior-modification classes, essays and counseling. Although fewer than 100 programs existed prior to 1990, recent surveys suggest that more than 1,200 programs are in operation today, and more than 80 youth courts operate throughout New York state.

NYSBA Special Committee on Youth Courts

In June 2010, the New York State Bar Association formed the special Committee on Youth Courts. The Special Committee was charged with examining what roles the Bar Association can play in strengthening youth courts, raising the profile and legitimacy of youth courts, defining best practices, identifying locations where new youth courts can be established, and developing strategies for raising funds to enlarge the initiative.

Youth court programs have flourished in New York since 1976 despite a lack statutory endorsement and some programs and courts have been hesitant to accept referrals or refer cases to youth court programs due to a lack of a clear statutory authorization. This Bill provides

a framework for such referrals and assists jurisdictions in the commencement of their own youth courts if they are so inclined.

SUMMARY OF AMENDMENTS TO STATE LAW REGARDING YOUTH COURTS

Section 1 of the bill adds a new article to the Unconsolidated Laws entitled "Youth Courts" with Legislative Findings emphasizing the utility of youth courts as a diversion alternative from formal prosecution in a family court, criminal court or in a school disciplinary hearing. Intended for first time offenders and employing positive peer pressure, youth courts also provide civic education to its participants and provide definitions of youth court recognizing the currently existing models, which may include a tribunal presided over by an adult judge, a youth judge, or a peer tribunal and those models where the sanction may be determined by either a peer jury or peer tribunal. The language allows for local variations of youth court models, in addition to the models permitted by the statue. Section 1 also sets forth examples of sanctions which may include performance of community service, attendance at approved education workshops, curfew limitations, essay writing, letters of apology, restitution and behavior modification classes, or other sanction as determined appropriate by the youth court on a case-by-case basis. This section also, defines youth which are appropriate for referral as a person under the age of twenty-one who is enrolled in school when the referral is from a school disciplinary proceeding or a youth under the age of 19 where the referral source is a criminal or family court exercising its jurisdiction. Section 1 also provides that youth courts may accept referrals from schools, probation, police, presentment agency, or prosecutors regarding violations of state law, municipal law or ordinance or school policy and provides clear statutory language authorizing a criminal court to refer proceedings to a youth court upon consent of the prosecuting attorney for misdemeanors or violations or in the family court setting consent of the court.

Section 2 of the bill amends CPL. § 160.50 which sets forth the procedures which must occur upon termination of a criminal action in favor of the accused, including the sealing of records of the proceeding in the criminal court. Subdivision (3) is amended to include a new paragraph (m) which requires an order of dismissal of a proceeding under the new § 217.30 of the CPL, pertaining to youth court.

Section 3 of the bill amends §170.55(6) to provide that as part of an adjournment in contemplation of dismissal, the defendant may be required to perform services for a governmental unit or agency and specifically references a municipal corporation. This amendment is necessary to clarify the limited language in order to allow community service to such governmental unit in addition to a public or not-for-profit corporation, association, institution or agency as is currently set forth in the law. This amendment clarifies that where the organizing entity is, for example, a town or school; an appropriate sanction may be to provide services to that entity.

Section 4 of the bill adds new article 217 of the criminal procedure law This article sets forth the conditions required for a referral to youth court from a criminal court. Proceedings alleging the commission of a violation or misdemeanor offense as defined by Article 10 of the Penal Law may be referred to a youth court program at the discretion of the court upon consent of the district attorney and the youth.

Section 5 of the bill amends FCA § 315.3(2) pertaining to permissible terms and conditions of an order adjourning a proceeding in contemplation of dismissal to include referral to a youth court program pursuant to FCA §316.1.

Section 6 of the bill adds a new FCA § 216, entitled "youth court diversion program." Section 316 sets forth the conditions required for a referral to youth court from a family court. A referral of a proceeding regarding a youth under the age of 16 must occur before a finding is entered under § 352.1 in the proceeding. Proceedings alleging the commission of a misdemeanor offense as defined by Article 10 of the Penal Law and FCA § 301.2(6) may be referred to a youth court program at the discretion of the family court, if the youth consents. If a referral to youth court is made, § 316.1(d) requires that the Court issue in order adjourning the proceeding in contemplation of dismissal for six months.

Upon failure of the referred youth to cooperate with the youth court program or complete the assigned sanctions within six months of the referral, the court may restore the proceeding to the family court calendar if the court determines that dismissal of the petition would not be in the interests of justice.

Section 7 of the bill provides that the act shall take effect 60 days after it is signed into law.

Prior legislative history

New Bill.

Effective date

Sixtieth day after it shall have become a law.