New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 8 - Executive Orders (Andrew M. Cuomo)
Section 8.150 - Executive Order No. 150: Establishing One or More Correctional Facilities Within the Department of Corrections and Community Supervision Exclusively for Youth

Current through Register Vol. 46, No. 39, September 25, 2024

WHEREAS, the State of New York is one of only two states that, by statute, automatically processes all 16 and 17 year old youth in the adult criminal justice system for all offenses; and

WHEREAS, approximately one hundred (100) youth are incarcerated in New York State adult prison facilities and approximately five hundred fifty (550) youth are currently confined in local jails. Youth of color are disproportionately affected and consist of eighty-two (82) percent of those sentenced to adult confinement; and

WHEREAS, it is well-established that incarcerating youth in adult prisons has significant negative impacts on this population, including, but not limited to, higher rates of suicide and recidivism. Research has shown that youth processed as adults have a twenty-six (26) percent higher likelihood of re-incarceration than youth processed as juveniles; and

WHEREAS, despite rigorous efforts made to pass Raise the Age legislation that would have, among other things, ensured that incarcerated youth receive services and have an opportunity to address the collateral consequences of a conviction, the Legislature was unable to come to an agreement, which has necessitated that I pursue an interim measure pending the passage of a bill that either raises the age of criminal responsibility or undertakes the critical reforms outlined by the Commission on Youth, Public Safety and Justice and my proposed bill; and

WHEREAS, in the interest of promoting public safety and justice, the State of New York is committed to implementing policies that promote improved outcomes for court-involved youth, and to taking steps to remove currently incarcerated youth, and divert those who will be convicted under existing law from adult prisons, and to providing the necessary programs and services to assist in reducing the rates of recidivism of youth; and

WHEREAS, pursuant to section 112 of Correction Law, the Commissioner of the New York State Department of Corrections and Community Supervision (DOCCS) is authorized to manage, maintain, and control the State's correctional facilities, the inmates confined therein, and all matters relating to the government, discipline, policing, contracts, and fiscal concerns thereof; and

WHEREAS, pursuant to subdivision 2 of section 70 of the Correction Law, DOCCS may establish or maintain any type of institution or program of treatment, not inconsistent with any other provisions of law; and

WHEREAS, pursuant to subdivision 3 of section 70 of the Correction Law, the Commissioner of DOCCS may establish and maintain new correctional facilities, in accordance with the needs of the Department; and

WHEREAS, pursuant to subdivision 8 of section 70 of the Correction Law, the Commissioner of DOCCS is authorized to enter into contracts, within the amount appropriated therefore, with any university, social agency, or qualified person to render professional services to any correctional facility; and

WHEREAS, pursuant to section 501 of the Executive Law, the New York State Office of Children and Family Services (OCFS) is duly authorized to establish, operate and maintain, or contract for the operation and maintenance of programs to advance the moral, physical, mental, and social well-being of the youth of this state; and

WHEREAS, it is the core function of OCFS to provide treatment programs and services to troubled youth, and 16 and 17 year old juvenile offenders, in particular; and

WHEREAS, DOCCS, in collaboration with OCFS, the Office Mental Health (OMH), and the Office of General Services (OGS), were directed to develop a plan to move the 16 and 17 year olds from adult prisons to a facility with necessary program supports and staff. The agencies have developed a plan, which identifies the facility for consideration, the requisite work and timeline required to ready the facility to house females and medium- and minimum-security classified male 16 and 17 year olds, provide the programmatic, staffing, and service needs for the facility, and the agencies are now ready to begin implementation of the plan;

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, hereby order, as an interim measure pending the passage of Raise the Age legislation and the necessary reforms relating to the legislation, that the plan shall be implemented as follows: