JUVENILE JUSTICE REFORM ACT OF 1976 - SUMMARY AND ANALYSIS

• NCJ Number: 54774
• Author(s): J MAHLER
• Date Published: 1976
• Length: 8 pages
• Corporate Author: Community Service Soc of New York; New York State Cmssn of Correction
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE PROVISIONS AND POLICIES OF THE NEW YORK STATE JUVENILE JUSTICE REFORM ACT OF 1976 ARE DISCUSSED.

Abstract

THE FINAL FORM OF THE JUVENILE JUSTICE REFORM ACT OF 1976 REPRESENTS ASPECTS OF THE ORIGINAL BILL SUBMITTED BY THE GOVERNOR OF NEW YORK, AND THE RECOMMENDATIONS OF THE COMMITTEE ON YOUTH AND CORRECTION OF THE COMMUNITY SERVICE SOCIETY. THE PROVISIONS OF THE LEGISLATION ARE SUMMARIZED AND COMPARED WITH THE POLICY STATEMENTS OF THE COMMITTEE. THE BILL'S CREATION OF TWO SPECIAL CLASSES OF DESIGNATED FELONY ACTS COMPARES FAVORABLY WITH THE COMMITTEE'S POLICY OF CLASSIFYING JUVENILE OFFENSES ACCORDING TO THEIR SERIOUSNESS TO ENSURE THAT SENTENCES ARE PROPORTIONAL TO THE CRIME COMMITTED. THE CREATION OF SPECIAL PROCEDURES TO BE FOLLOWED WHEN A PETITION ALLEGES THE COMMISSION OF A FELONY BY A PERSON AGED 14 OR 15 YEARS IS SIMILAR TO THE COMMITTEE'S POSITION ON THE DEVELOPMENT OF PROCEDURES FOR THE PREVENTION OF INAPPROPRIATELY MARKED PETITIONS FROM BECOMING PART OF A JUVENILE'S RECORD, AND THE COMMITTEE'S OPPOSITION TO MANDATORY PRISON SENTENCES IS REFLECTED IN THE BILL'S ALLOWANCE FOR JUDICIAL DISCRETION IN SENTENCING. ADDITIONAL DISCUSSION INCLUDES RECOMMENDATIONS FOR A CASE ASSESSMENT BUREAU TO ANALYZE CHARGES AND PREVENT INAPPROPRIATE ACTIONS FROM BEING LODGED AGAINST JUVENILES, AND PROPOSALS CONCERNING MAXIMUM SENTENCES FOR JUVENILES, NONPLACEMENT OPTIONS, AND AVAILABLE SERVICES TO YOUNG PERSONS. A DETERMINATE SENTENCE STRUCTURE OUTLINED REFLECTS THE COMMUNITY SERVICE SOCIETY PROPOSAL TO FURTHER THE POLICY OF AGENCY DISCRETION AS TO RELEASE OF YOUNG OFFENDERS. (TWK)