New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.131 - Executive Order No. 131: Establishing the Commission on Youth, Public Safety and Justice

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York has taken significant steps
					 to strengthen rehabilitation and provide support for young people in the
					 juvenile and adult justice systems, including the Close to Home initiative,
					 Regional Youth Justice Teams, detention risk assessment, increasing
					 community-based services and alternatives to incarceration; and
WHEREAS, as the State made those investments, juvenile
					 crime, violence and incarceration rates have substantially decreased to
					 historic lows; and
WHEREAS, the State, despite leading the nation in an array
					 of youth justice reforms, is one of only two states that continue to prosecute
					 16- and 17-year-olds through the adult criminal justice system, the vast
					 majority of whom are youth of color; and
WHEREAS, youth incarcerated with adults are less likely to
					 receive the services they need to succeed and are at increased risk of violent
					 or sexual assault, mental health issues, and suicide; and
WHEREAS, analysis by the U.S. Centers for Disease Control
					 and Prevention showed that the felony recidivism rate in one state was 34
					 percent higher for youth whose cases were handled in adult court compared to
					 youth whose cases were handled outside of adult court; and
WHEREAS, leading brain research indicates that the
					 cognitive skills of youth are not fully developed, rendering them more
					 susceptible to peer pressure, less capable of mature judgment and consequential
					 thinking, though highly responsive to interventions; and
WHEREAS, the State is committed to further reducing crime
					 by implementing policies that both promote public safety and improve outcomes
					 for court-involved youth;
NOW THEREFORE, I, ANDREW 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 order as follows:
A. The Commission on Youth, Public Safety and
				  Justice
1. There is hereby established the
				  Commission on Youth, Public Safety and Justice ("the Commission"). The
				  Commission shall provide recommendations to the Governor pertaining to youth in
				  New York's justice systems.
2. The
				  Commission shall consist of voting members appointed by the Governor. In
				  appointing members, the Governor shall make a reasonable effort to appoint
				  members with a range of perspectives, interests, and specific knowledge
				  concerning juvenile and criminal justice, including judges, law enforcement
				  officials, probation administrators, child welfare professionals, advocates,
				  service providers, local government officials and other critical stakeholders.
				  The Governor shall also appoint the Commissioner of Children and Family
				  Services; the Commissioner of Criminal Justice Services; the Director of
				  Probation and Correctional Alternatives, and the Commissioner of Corrections
				  and Community Supervision, who shall serve as ex officio non-voting members.
				  All members of the Commission shall serve at the pleasure of the
				  Governor.
3. The Governor shall
				  designate the Chair or Co-Chairs of the Commission from among the members of
				  the Commission. The Governor shall appoint an Executive Director of the
				  Commission.
4. A majority of the
				  total members of the Commission shall constitute a quorum, and all
				  recommendations of the Commission shall require approval of a majority of the
				  members.
5. Every agency,
				  department, office, division or public authority of this State shall provide to
				  the Commission such information, assistance and cooperation, including use of
				  State facilities, which is reasonably necessary to accomplish the purposes of
				  this Order. Staff support necessary for the conduct of the Commission's work
				  may be furnished by state agencies and authorities (subject, as necessary, to
				  the approval of the board of directors of such authorities).
6. The Commission may draw upon the human
				  resources, expertise and funding of private institutions, as consistent with
				  all statutes and regulations regarding such assistance. Such assistance shall
				  be provided without financial remuneration and shall not be provided under any
				  circumstances that would create an actual conflict of interest, or the
				  appearance of such a conflict.
7.
				  The Commission shall commence its work immediately. On or before December 31,
				  2014, or such other time as may be specified by the Governor, the Commission
				  shall complete its duties and activities described herein and provide its
				  recommendations to the Governor, at which time the Commission shall terminate
				  its work and be relieved of all responsibilities and duties
				  hereunder.