Relates to establishing family support centers and authorizing reimbursement to counties

Section 3 of the bill defines the allowable eligible expenditures a social service district may apply for an approved juvenile justice service close to home initiative.

Section 4 of the bill describes the services to be provided by family support centers.

Section 5 of the bill is the effective date.

Justification

Research has demonstrated that diversion of appropriate cases before they reach the courts both improves outcomes for the youth involved and better protects public safety. In addition, the cost of diversion is much lower than that of juvenile detention or out-of-home placement.

Persons in Need of Supervision (PINS) are youth ages 17 and under who have engaged in non-criminal "status offenses" such as truancy and running away. While these young people do not stand accused of any crime, they can be confined in non-secure detention and placement settings. In 2013, there were 1,574 PINS detention admissions and 627 admissions to out-of-home placement. The bulk of detention and placement for PINS occurs outside of New York City: in 2013, 89 percent of PINs placements and 83 percent of PINS detention admissions were ordered in counties outside of New York City. The most effective interventions for PINS youth have been shown to include: diversion from court, immediate response, a triage process, accessible services that engage the entire family, and ongoing quality assurance of program effectiveness.

In October, 2007, in the state of Connecticut, Family Support Centers (FSCs) opened in the four jurisdictions with the highest numbers of youth offense complaints. In lieu of court referrals, those youth offenders who were in crisis or deemed high-risk after being screened by a probation officer were referred to a FSC. Services provided to youths and families diverted to FSC included counseling, mediation, mental health, and respite care. During the first six months after the 2007 implementation of FSCs, the number of status offense court referrals fell by 41%, and more than one year later no youth charged with a status offense had been securely detained. From 2007 to 2009, 81% of youths who successfully completed an FSC program had no further involvement in the juvenile justice system.

It is recommended by the Commission on Youth, Public Safety and Justice that New York reinvest some of the resources currently used for PINS out-of home detention and placement to support this model of effective community-based intervention, reserving these costly settings only for youth who present a significant risk to public safety.

To this end, state reimbursement shall be made available for one hundred percent of expenditures made by social service districts, exclusive of any federal funds made available for family support centers statewide.

New York State now stands as one of only two states in the country that has set the age of criminal responsibility at age 16. That single fact has become a rallying cry for the current reform movement in this State.

The impacts of processing all 16- and 17-year-olds in the criminal justice system fall disproportionately on young men of color. Young men of color are substantially overrepresented among youth who are arrested at age 16 and 17 and who end up incarcerated as a result of the offense. Those impacts are felt not only by the young men themselves, but also by communities of color around the State.

Scientific research into brain development has revealed that portions of our brains, including that governing impulse control, develop far later than expected - as late as one's mid-20s. This research has demonstrated that adolescents do not have fully developed faculties of judgment or impulse control. It has also shown that adolescents respond more favorably to efforts to rehabilitate them and to put them on the right track as opposed to confinement. This research of adolescent offenders has coincided with, a steady and significant decrease in violent crimes committed by young offenders since the 1990s. That reduction in crime has replaced outsized fears of young "super predators" with a more thoughtful focus on targeted criminal justice interventions to reduce recidivism without simply expanding costly incarceration.

Legislative history

New bill

Fiscal implication

Fiscal analysis performed by the Commission on Youth, Public Safety and Justice suggests that diversion interventions can be provided for an average cost of $3,000 per case while the cost of out-of-home placement can reach over $200,000 per child annually.

Analysis completed by the Office of Children and Family Services showed that New York State spends over $100 million annually to hold PINS youth in detention and placement. This expensive practice is contrary to best practice standards for these youth who have not committed any offense.

This bill will save the state millions of dollars.

Effective date

This bill shall take effect immediately provided certain requirements be met.