Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the State of New York has taken significant steps
to strengthen rehabilitation and provide support for young people in the
juvenile and adult justice systems, including the Close to Home initiative,
Regional Youth Justice Teams, detention risk assessment, increasing
community-based services and alternatives to incarceration; and
WHEREAS, as the State made those investments, juvenile
crime, violence and incarceration rates have substantially decreased to
historic lows; and
WHEREAS, the State, despite leading the nation in an array
of youth justice reforms, is one of only two states that continue to prosecute
16- and 17-year-olds through the adult criminal justice system, the vast
majority of whom are youth of color; and
WHEREAS, youth incarcerated with adults are less likely to
receive the services they need to succeed and are at increased risk of violent
or sexual assault, mental health issues, and suicide; and
WHEREAS, analysis by the U.S. Centers for Disease Control
and Prevention showed that the felony recidivism rate in one state was 34
percent higher for youth whose cases were handled in adult court compared to
youth whose cases were handled outside of adult court; and
WHEREAS, leading brain research indicates that the
cognitive skills of youth are not fully developed, rendering them more
susceptible to peer pressure, less capable of mature judgment and consequential
thinking, though highly responsive to interventions; and
WHEREAS, the State is committed to further reducing crime
by implementing policies that both promote public safety and improve outcomes
for court-involved youth;
NOW THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and laws
of the State of New York, do order as follows:
A. The Commission on Youth, Public Safety and
Justice
1. There is hereby established the
Commission on Youth, Public Safety and Justice ("the Commission"). The
Commission shall provide recommendations to the Governor pertaining to youth in
New York's justice systems.
2. The
Commission shall consist of voting members appointed by the Governor. In
appointing members, the Governor shall make a reasonable effort to appoint
members with a range of perspectives, interests, and specific knowledge
concerning juvenile and criminal justice, including judges, law enforcement
officials, probation administrators, child welfare professionals, advocates,
service providers, local government officials and other critical stakeholders.
The Governor shall also appoint the Commissioner of Children and Family
Services; the Commissioner of Criminal Justice Services; the Director of
Probation and Correctional Alternatives, and the Commissioner of Corrections
and Community Supervision, who shall serve as ex officio non-voting members.
All members of the Commission shall serve at the pleasure of the
Governor.
3. The Governor shall
designate the Chair or Co-Chairs of the Commission from among the members of
the Commission. The Governor shall appoint an Executive Director of the
Commission.
4. A majority of the
total members of the Commission shall constitute a quorum, and all
recommendations of the Commission shall require approval of a majority of the
members.
5. Every agency,
department, office, division or public authority of this State shall provide to
the Commission such information, assistance and cooperation, including use of
State facilities, which is reasonably necessary to accomplish the purposes of
this Order. Staff support necessary for the conduct of the Commission's work
may be furnished by state agencies and authorities (subject, as necessary, to
the approval of the board of directors of such authorities).
6. The Commission may draw upon the human
resources, expertise and funding of private institutions, as consistent with
all statutes and regulations regarding such assistance. Such assistance shall
be provided without financial remuneration and shall not be provided under any
circumstances that would create an actual conflict of interest, or the
appearance of such a conflict.
7.
The Commission shall commence its work immediately. On or before December 31,
2014, or such other time as may be specified by the Governor, the Commission
shall complete its duties and activities described herein and provide its
recommendations to the Governor, at which time the Commission shall terminate
its work and be relieved of all responsibilities and duties
hereunder.
B. Duties and
Purposes
1. The Commission shall (a) develop
a plan to raise the age of juvenile jurisdiction, and (b) make other
recommendations as to how New York's justice systems can improve outcomes for
youth while promoting community safety. In carrying out this purpose, the
Commission shall ensure that protecting communities and preventing
victimization remains the top priority and shall:
a. Develop a plan, structure, process and
timeline to raise the age of juvenile jurisdiction;
b. Identify any needed revisions to statutes,
regulations, policies, programs and practices to achieve these goals, taking
into account community safety, science, evidence, best practices most likely to
reduce recidivism, cost-benefit analysis and other factors, including the
service needs of court-served youth (including needs based on gender), and the
implementation capacity and structure of the juvenile justice, criminal
justice, child welfare and human services systems; and
c. Make additional short-, mid- and long-term
recommendations to better serve youth, improve outcomes, protect communities,
prevent victimization, address harm reduction among the small percentage of
youth who repeatedly commit serious violent crime, and ensure New York's place
as a national leader in addressing youth justice and public safety.
2. In its report to the Governor,
the Commission shall include a summary and explanation of its findings and
recommendations. Each recommendation shall include an estimate of the fiscal
impact, options for cost savings to offset anticipated costs, and an analysis
of current system capacity to accommodate the recommendation.
