N.Y. Comp. Codes R. & Regs. tit. 9 § 4.177

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4.177 - Executive order no. 177: establishing a commission for the study of youth crime and violence and reform of the juvenile justice system

WHEREAS, the State has a responsibility to provide for the safety of its citizens from crime and violence;

WHEREAS, fear of crime and violence is a matter of great concern for citizens throughout New York State;

WHEREAS, juveniles are increasingly responsible for the commission of violent crimes and are increasingly the victims of violent crimes;

WHEREAS, arrests in New York State for violent juvenile offenses increased by eighty percent during the past five years and arrests involving the use of dangerous weapons by juveniles increased by sixty-six percent;

WHEREAS, homicide is the leading cause of death in New York City among persons less than twenty-five years of age and statewide, homicide is the second leading cause of death among youths aged ten to nineteen and the leading cause of death among youths aged twenty to twenty-four;

WHEREAS, the State has a responsibility to assist youth at risk, through education, training and rehabilitation programs, to help them avoid violence;

WHEREAS, the processing of juvenile cases occurs in both the Family and Criminal Courts which have different rules, policies, and procedures affecting the outcome of juvenile cases;

WHEREAS, fifteen years have passed since the Legislature enacted the Juvenile Offender Law which recognized that the Family Court's exclusive jurisdiction over juvenile crime could no longer continue and authorized the processing of certain violent felonies in Criminal Court;

WHEREAS, New York State is committed to preventing crime and violence by providing the care, guidance and protection needed by our youth to lead healthy and productive lives, by treating or punishing those who engage in violent criminal acts, and by ensuring that the juvenile justice system is effective in rehabilitating violent youth and deterring future criminal behavior; and

WHEREAS, the citizens of this State have an expectation that the juvenile justice system will function effectively to identify violent youth, provide justice and deter future criminal behavior;

NOW, THEREFORE, I, MARIO 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 hereby establish the New York State Commission for the Study of Youth Crime and Violence and Reform of the Juvenile Justice System.

I. MEMBERSHIP

Andrew J. Stein is hereby designated Chairman of the Commission and the Director of the Division for Youth is designated as the Vice Chairman of the Commission. The Commission shall consist of seven additional members, who shall be appointed by the Governor. The members shall be broadly representative of the community and the juvenile justice system. The members of the Commission shall receive no compensation but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties. Service on the Commission shall not constitute public employment for purposes of disqualification from the holding of public office or employment.

II. DUTIES AND RESPONSIBILITIES OF THE COMMISSION

The Commission will be responsible for conducting a comprehensive study of youth violence and the juvenile justice system. In discharging its responsibility, the Commission shall:

1. Determine the extent and effect of youth violence in communities throughout New York State through the collection of information from agencies and individuals in the fields of criminal and juvenile justice, domestic violence, child abuse, health and mental health, social services and education;

2. Identify programs which effectively prevent youth violence and methods of intervention to deter youth at risk from engaging in violent criminal behavior;

3. Evaluate whether existing laws regarding confidentiality of juvenile records and limitations on fingerprinting sufficiently protect the rights of juveniles without interfering with law enforcement efforts to identify violent youth who repeatedly commit serious crimes;

4. Evaluate the juvenile justice system to determine whether the needs of youth for treatment and rehabilitation are adequately addressed;

5. Assess the extent to which juveniles are held accountable for unlawful behavior through the imposition of appropriate sanctions;

6. Consider whether policies are needed which promote greater equity and proportionality in charging and sanctioning juvenile offenders;

7. Evaluate the type, extent, quality and effectiveness of treatment programs needed to serve court-involved youth;

8. Consider the relationship between juveniles who commit violent crimes and those who have been victims or witnesses to abuse within the home;

9. Evaluate methods of prevention and intervention to break the cycle of violence;

10. Conduct public hearings, to the extent necessary, to gather comprehensive information regarding the extent and effect of youth crime and violence, to assess the adequacy of programs to assist youth at risk, and to encourage discussion concerning reform of the juvenile justice system; and

11. Make recommendations for legislative and programmatic changes that will reduce the occurrence of youth violence and ensure the effectiveness of the juvenile justice system.

III. REPORT

The Commission shall prepare a written report to the Governor assessing the problems associated with youth crime and violence and the juvenile justice system of the State of New York and make appropriate legislative, programmatic and administrative recommendations for improvement. A preliminary written report shall be submitted to the Governor by March 31, 1994 and a final report shall be submitted by December 1, 1994.

IV. ASSISTANCE AND COOPERATION

All departments, divisions and units of the Executive Branch of State government are directed to cooperate with the Commission and to provide such assistance as it may require to fulfill its obligations. Such assistance may include the assignment of staff and the provision of support services.

Signed: Mario M. CuomoDated: November 22, 1993

WHEREAS, the State has a responsibility to provide for the safety of its citizens from crime and violence;

WHEREAS, fear of crime and violence is a matter of great concern for citizens throughout New York State;

WHEREAS, juveniles are increasingly responsible for the commission of violent crimes and are increasingly the victims of violent crimes;

WHEREAS, arrests in New York State for violent juvenile offenses increased by eighty percent during the past five years and arrests involving the use of dangerous weapons by juveniles increased by sixty-six percent;

WHEREAS, homicide is the leading cause of death in New York City among persons less than twenty-five years of age and statewide, homicide is the second leading cause of death among youths aged ten to nineteen and the leading cause of death among youths aged twenty to twenty-four;

WHEREAS, the State has a responsibility to assist youth at risk, through education, training and rehabilitation programs, to help them avoid violence;

WHEREAS, the processing of juvenile cases occurs in both the Family and Criminal Courts which have different rules, policies, and procedures affecting the outcome of juvenile cases;

WHEREAS, fifteen years have passed since the Legislature enacted the Juvenile Offender Law which recognized that the Family Court's exclusive jurisdiction over juvenile crime could no longer continue and authorized the processing of certain violent felonies in Criminal Court;

WHEREAS, New York State is committed to preventing crime and violence by providing the care, guidance and protection needed by our youth to lead healthy and productive lives, by treating or punishing those who engage in violent criminal acts, and by ensuring that the juvenile justice system is effective in rehabilitating violent youth and deterring future criminal behavior; and

WHEREAS, the citizens of this State have an expectation that the juvenile justice system will function effectively to identify violent youth, provide justice and deter future criminal behavior;

NOW, THEREFORE, I, MARIO 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 hereby establish the New York State Commission for the Study of Youth Crime and Violence and Reform of the Juvenile Justice System.

I. MEMBERSHIP

Andrew J. Stein is hereby designated Chairman of the Commission and the Director of the Division for Youth is designated as the Vice Chairman of the Commission. The Commission shall consist of thirteen additional members, who shall be appointed by the Governor. The members shall be broadly representative of the community and the juvenile justice system. The members of the Commission shall receive no compensation but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties. Service on the Commission shall not constitute public employment for purposes of disqualification from the holding of public office or employment.

II. DUTIES AND RESPONSIBILITIES OF THE COMMISSION

The Commission will be responsible for conducting a comprehensive study of youth violence and the juvenile justice system. In discharging its responsibility, the Commission shall:

1. Determine the extent and effect of youth violence in communities throughout New York State through the collection of information from agencies and individuals in the fields of criminal and juvenile justice, domestic violence, child abuse, health and mental health, social services and education;

2. Identify programs which effectively prevent youth violence and methods of intervention to deter youth at risk from engaging in violent criminal behavior;

3. Evaluate whether existing laws regarding confidentiality of juvenile records and limitations on fingerprinting sufficiently protect the rights of juveniles without interfering with law enforcement efforts to identify violent youth who repeatedly commit serious crimes;

4. Evaluate the juvenile justice system to determine whether the needs of youth for treatment and rehabilitation are adequately addressed;

5. Assess the extent to which juveniles are held accountable for unlawful behavior through the imposition of appropriate sanctions;

6. Consider whether policies are needed which promote greater equity and proportionality in charging and sanctioning juvenile offenders;

7. Evaluate the type, extent, quality and effectiveness of treatment programs needed to serve court- involved youth;

8. Consider the relationship between juveniles who commit violent crimes and those who have been victims or witnesses to abuse within the home;

9. Evaluate methods of prevention and intervention to break the cycle of violence;

10. Conduct public hearings, to the extent necessary, to gather comprehensive information regarding the extent and effect of youth crime and violence, to assess the adequacy of programs to assist youth at risk, and to encourage discussion concerning reform of the juvenile justice system; and

11. Make recommendations for legislative and programmatic changes that will reduce the occurrence of youth violence and ensure the effectiveness of the juvenile justice system.

III. REPORT

The Commission shall prepare a written report to the Governor assessing the problems associated with youth crime and violence and the juvenile system of the State of New York and make appropriate legislative, programmatic and administrative recommendations for improvement. A preliminary written report shall be submitted to the Governor by March 31, 1994 and a final report shall be submitted by December 1, 1994.

IV. ASSISTANCE AND COOPERATION

All departments, divisions and units of the Executive Branch of State government are directed to cooperate with the Commission and to provide such assistance as it may require to fulfill its obligations. Such assistance may include the assignment of staff and the provision of support services.

Signed: Mario M. CuomoDated: December 17, 1993

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

[FN1] Continued and amended by Executive Order No. 4 (George E. Pataki), § 5.4, infra.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.177