New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › 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

Current through Register Vol. 46, No. 28, July 10, 2024
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.