New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.80 - Executive Order No. 80: Juvenile justice planning

WHEREAS, The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 USC 5601 et seq. (the act), implements the declared policy of the United States Congress to develop effective methods of preventing and reducing juvenile delinquency, including methods of maintaining and strengthening the family unit; to develop and conduct effective programs to prevent delinquency and divert juveniles from the traditional juvenile justice system; to improve the quality of juvenile justice in the United States; and to increase the capacity of state and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs; and

WHEREAS, Title II, part B, subpart I of the act authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention (the administrator) to make formula grants to states and units of local governments to assist them in meeting the objectives of the act; and

WHEREAS, The State of New York participates in the formula grant program authorized by subpart I and intends to continue to accept and administer formula grant funds to meet the objectives and requirements of the act; and

WHEREAS, A New York State Juvenile Justice Advisory Group has been appointed in accordance with section 223(a)(3) of the act, which requires that an advisory group be appointed by the Chief Executive of the State to (a) participate in the development and review of the state's juvenile justice plan; (b) review and comment on all juvenile justice and delinquency prevention grant applications submitted to the state; (c) report to the Governor and the State Legislature at least annually with respect to matters related to its function; and (d) carry out such further responsibilities as required or permitted by the act; and

WHEREAS, Section 223(a)(1) of the act as amended in 1984 now requires the establishment or designation of a state agency as "the sole agency for supervising the preparation and administration" of the state's juvenile justice plan, instead of the state criminal justice council required for the administration of criminal justice block grant funds made available through the Law Enforcement Assistance Administration pursuant to the Omnibus Crime Control and Safe Streets Act of 1968; and

WHEREAS, Section 261(c)(1) of the act, as amended in 1984, provides that such state agency shall include a supervisory board and that, notwithstanding any other provision of law, the administrator shall establish appropriate administrative and supervisory board membership requirements for the sole state agency and shall permit the Juvenile Justice Advisory Group appointed under section 223(a)(3) of the act to operate as the supervisory board for such agency, at the discretion of the Governor; and

WHEREAS, The administrator has adopted regulations, 28 CFR 31.103, which provide that the Juvenile Justice Advisory Group appointed under section 223(a)(3) of the act may operate as the supervisory board of the designated state agency, at the discretion of the Governor:

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, do hereby designate the Division of Criminal Justice Services as the sole state agency to supervise the preparation, administration and implementation of the state's juvenile justice plan, and to otherwise comply with the requirements conferred on the designated state agency by the act and pertinent Federal regulations. I further designate the Juvenile Justice Advisory Group as the supervisory board for purposes of supervising the preparation, administration and implementation of the state's juvenile justice plan, as expressly provided in section 261(c)(1) of the act, and in 28 CFR section 31.103.

Signed: Mario M. Cuomo

Dated: March 21, 1986