NCJ Number
46484
Date Published
1977
Length
41 pages
Annotation
PROCEDURES FOR A NEW BUREAU CREATED WITHIN THE OFFICE OF THE BRONX DISTRICT ATTORNEY FOR THE HANDLING OF JUVENILE OFFENSE CASES IN COMPLIANCE WITH THE JUVENILE JUSTICE REFORM ACT OF 1976 ARE DETAILED.
Abstract
UNTIL THE ENACTMENT OF THE JUVENILE JUSTICE REFORM ACT, THE TREATMENT OF JUVENILE OFFENDERS IN NEW YORK STATE FOLLOWED A COURSE OF QUASI-CIVIL PROCEEDINGS. HOWEVER, UNDER PROVISIONS OF THE ACT, JUVENILE DELINQUENCY PROCEEDINGS WILL BE QUASI-CRIMINAL IN NATURE, AND CERTAIN RULES OF EVIDENCE AND PROCEDURE APPLICABLE TO CRIMINAL COURTS WILL BE APPLICABLE TO FAMILY COURTS. ASSISTANT DISTRICT ATTORNEYS, DESIGNATED AS ASSISTANT CORPORATION COUNSELS (ACC), WILL BE ASSIGNED TO THE FAMILY COURT FOR THE PURPOSE OF PRESENTING THE PETITION IN JUVENILE DELINQUENCY PROCEEDINGS IN WHICH A DESIGNATED FELONY ACT HAS BEEN ALLEGED. UNDER THE ACT, A DESIGNATED FELONY ACT IS ONE WHICH IS PERFORMED BY AN INDIVIDUAL OF 14 OR 15 YEARS OLD BUT WHICH CONFORMS TO ADULT OFFENSES ENUMERATED UNDER F.C.A. SECTION 712(H)(I): MURDER, MANSLAUGHTER, RAPE, SODOMY, KIDNAPING INVOLVING USE OR THREAT OF DEADLY FORCE, ROBBERY, ATTEMPTED MURDER, AND ATTEMPTED KIDNAPING. A CATEGORY OF CRIMES AGAINST THE ELDERLY HAS ALSO BEEN ADDED TO THE DESIGNATED FELONIES IN NEW YORK. A SERIES OF GUIDELINES HAVE BEEN ESTABLISHED PERTAINING TO THE DUTIES OF THE ACC AND THE JUVENILE OFFENSE BUREAU (JOB). THE JOB HAS POWER TO SCREEN CASES. ONCE A DETERMINATION OF DESIGNATED FELONY HAS BEEN MADE, THE JOB WILL DRAFT AND HANDLE ALL NECESSARY PETITIONS, AFFIDAVITS, AND SUBSEQUENT PROCEEDINGS. THE ACC IS RESPONSIBLE FOR PRESENTING CASES AGAINST ALL PARTIES ACTING IN CONCERT WITH A DESIGNATED FELON. WHERE THERE ARE MULTIPLE PETITIONS, THE DESIGNATED FELONY PETITION MAY NOT BE COVERED BY A PLEA TO ANOTHER PETITION WITHOUT CONSENT OF AN ASSISTANT DISTRICT ATTORNEY. THE AGENCY WHICH DRAWS UP A PETITION FOR WHICH A PLEA COVERS ADDITIONAL PETITIONS WILL HANDLE THE DISPOSITIONAL HEARING. AN ASSISTANT DISTRICT ATTORNEY WILL HANDLE ALL WRITS OF HABEAS CORPUS AND MOTIONS FOR STAYS FILED IN CONNECTION WITH A FELONY PETITION. ALL APPEALS INITIATED BY RESPONDENTS WILL BE HANDLED BY THE ACC UNLESS THE DISTRICT ATTORNEY ELECTS OTHERWISE. CAREFUL SCREENING ON THE PART OF PROBATION AND INTAKE AND JOB WILL BE NECESSARY, AND NO ALLEGED DESIGNATED FELONIES MAY BE ADJUSTED BY THE PROBATION DEPARTMENT. THE MANUAL THEN DETAILS THE PROCESSING OF SUCH CASES UNDER THE ACT, GIVING FULL ATTENTION TO THE DEFENDANT'S RIGHTS. DISPOSITIONS AVAILABLE UNDER THIS PROCEDURE ARE RESTRICTIVE PLACEMENT, SUSPENDED JUDGEMENT, AGENCY OR PRIVATE PLACEMENT, PROBATION, OR COMMITMENT UNDER THE MENTAL HYGIENE LAW. THE BENEFITS OF VERTICAL PROSECUTION AND ADDITIONAL INFORMATION CONCERNING PROCEDURES FOR INTERROGATION OF JUVENILES AND WRITS AND APPEALS ARE PRESENTED. APPENDIXES INCLUDE INTAKE AND CASE RECORD FORMS. (JAP)