Brooklyn Young Adult Court district attorney kings county 350 jay street Brooklyn, NY 11201-2908 (718) 250-2000 www.brooklynda.org Eric Gonzalez Acting District Attorney Brooklyn Young Adult Court Kings County Criminal Bar Association January 19, 2017 This initiative is supported by Grant No. 2015-YX-BX-0002 awarded by the Bureau of Justice Assistance.
Overview BYAC is a problem-solving court created by KCDA, in collaboration with the Center for Court Innovation, to combat high levels of crime and rearrests amongst 16 to 24 year-olds in Brooklyn. Smart Prosecution Grant funded by the Department of Justice Bureau of Justice Assistance. The Young Adult Justice Initiative is a partnership between the Brooklyn DA’s Office and the Center for Court Innovation to develop innovative strategies and adopt evidence-based practices to proactively reduce crime and achieve a safer community. Prosecutor-led initiative making us one of the first jurisdictions to create a specialized approach of this kind for adolescent offenders. This initiative expands the population eligible for diversion and this specialized approach.
Courtesy of Spencer Burnett
Three elements of the Young Adult Justice Initiative: Dedicated Prosecution Bureau at the Kings County District Attorney’s Office. Young Adult Court with an assigned judge that would handle all misdemeanor cases of young adults ages 16-24 (excluding specialized bureaus). Specialized training focused for stakeholders on adolescent brain and psychosocial development, risk-needs responsivity, and procedural justice.
Opening Ceremony on May 6, 2016 Pictured left: The late District Attorney Ken Thompson giving remarks during the opening ceremony of the Young Adult Court. Pictured right: The Honorable Michael Yavinsky, Supervising Judge of the Brooklyn Criminal Court, also addresses attendees at the ceremony.
Young Adult Justice Initiative Stakeholders Stakeholders meet monthly to discuss any issues going on in the court part. Young Adult Justice Initiative Stakeholders
How It Works: The Young Adult Court Bureau Arraignment Eligible Cases sent to the Young Adult Court Bureau or BYAC offer is made at Arraignments. Next Young Adult Court Bureau Chief reviews all BYAC eligible cases and eligible cases sent to trial zone supervisors for assignment. If Defendants which are considered “higher risk” and more likely to offend, stay in the Young Adult Court Bureau. Defendants who are ineligible or decline diversion offer, proceed on the regular trial track but the case remains in the BYAC part. Creating a unique path Increase Public Safety Reduce Recidivism Accountability Social Services Diversion Programs Assessment Building meaningful relationships
BY THE NUMBERS: 18-24 YEAR OLDS In 2013, the Brooklyn DA’s Office prosecuted about 100,000 cases and 30,000 of those cases involved defendants up to age 24. Of the 30,000 crimes committed More than half survived arraignment About 13,000 cases were violations and misdemeanors
Adolescent Diversion Initiative Timeline Chief Judge Lippman calls for legislation to develop an approach to 16 and 17 year-olds in the criminal justice system Adolescent Diversion Pilot Program Report published in January Kings County DA receives DOJ’s Bureau of Justice Assistance Smart Prosecution Grant 2011 2012 2013 2014 2015 2016 2017 2018 Adolescent Diversion Pilot Program launches in nine counties in New York State including Brooklyn Adolescent Diversion Pilot Program expanded to age 24 for defendants in Brownsville & Red Hook Kings County DA launches Brooklyn Young Adult Court for all defendants 16-24 years old Introduce CCI CCI Topics Brain development & RNR Procedural justice Overview of Programs (as of November 2016, 926 received services) Beginning March 2016, every case is adjourned to the Young Adult part (including cases that aren’t eligible for diversion). Handled over 1,200 cases
CHALLENGES Buy-In Calendar Volume Re-offenders
Young Adult Court Programs & Services Advanced Psychotherapy B.O.L.T.S. Better Decisions, Better Outcomes Group BJI Community Awareness (16-19) BJI Community Awareness (20-24) BJI Conflict Resolution (16-19) BJI Conflict Resolution (20-24) BJI Employment Readiness (16-19) BJI Employment Readiness (20-24) Bridge Back to Life Brownsville Community Awareness Brownsville Community Service Brownsville Conflict Resolution Brownsville Employment Readiness Group Brownsville Leadership Development Brownsville Leadership Project Intake Brownsville Streets, Love & Life Case Management Sessions Catholic Charities Man-Up Community Service Conflict Resolution Workshop Conifer Park Counseling Service of EDNY EDNY: Drug Education Workshop Department of Education Consultation with Ed. Liaison Employment Readiness Group Exalt GED Program @120 Graham SLAM Groundswell Individual Counseling Insight Initiative Justice Center Crew Make It Happen Museum of Tolerance Neighborhood Restitution Crew New York Peace Institute Peacemaking Red Hook Initiative Red Hook Parks Department Recess Assembly TASC The Door Young Adult Anger Management Group Young New Yorkers
Case Law People v. Rudolph, 21 N.Y.3d 497 (2013) Held whenever a defendant is eligible for Youthful Offender (YO) Treatment, the court has to exercise its discretion to determine whether to grant the defendant YO treatment. People v. Pacherille, 25 N.Y.3d 1021 (2015) Held that the sentencing court’s discretionary denial of YO is encompassed in the waiver of the right to appeal. People v. McEachern, 2016 NY Slip Op 08248 Held that whether or not YO was a condition of the plea, the sentencing court should put its reasons for denying YO on the record.