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KWIC Indicator Narrative

Juvenile Delinquent Probation Cases Closed

Data Provider: NYS Division of Criminal Justice Services

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Related Indicators:

  • Juvenile Delinquent Probation Cases Adjusted (7-15 years old) [view data]
  • Juvenile Delinquent Probation Cases Referred to Petition After Diversion Attempt [view data]
  • Juvenile Delinquent Probation Cases Referred to Petition Immediately (7-15 years old) [view data]

Life Area:

Civic Engagement

Definition:

Article 3 of the New York State Family Court Act, which governs juvenile delinquency matters, defines 'juvenile delinquent' as a "person over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult,
- is not criminally responsible for such conduct by reason of infancy, or
- is the defendant in an action order removed from Criminal Court to the Family Court pursuant to Article 725 of the criminal procedure law, as per Family Court Act section 301.2."

If a peace officer or police officer takes a youth ages 7 through 15 years old into custody without a warrant for a crime, that officer may release the youth to the custody of the parent/guardian and may issue a Family Court appearance ticket to the child and the person to whose custody the youth is released. If a Family Court appearance ticket is not issued, the officer may take the youth directly to Family Court or to a detention facility if Family Court is closed, if circumstances warrant.

The Family Court appearance ticket is a written notice directing the child and the parent/guardian to appear at the local county probation department. The probation department is responsible to provide intake services, including conferring with the youth, the parent, police, and the victim, and, with consent of the parties, attempting to adjust suitable cases in order to divert the matter from formal Family Court action. Intake services are intended to, without the need for formal court action, allow the youth opportunity to:
1. make reparation/restitution to the victim and the community; and
2. address the risks and needs underlying the offending behavior in order to reduce the risk of re-offending.

Intake services may be provided for up to 60 days, with a possible extension by the Family Court for an additional 60 days, at which time the matter must be closed. Closed cases are classified as either 'Referred for petition immediately,' 'Adjusted,' or 'Terminated without adjustment and referred for petition.'

Referred for petition immediately: This is a case where the adjustment process was not commenced and the case was excluded from any opportunity for adjustment and was referred for petition immediately. The rate of juveniles delinquent cases referred fro petition immediately is calculated as the number of closed juvenile delinquency intake cases that are classified as referred to petition immediately divided by the number of juvenile delinquency intake closed cases, and multiplied by 100.

Adjusted: This is a case in which the satisfactory resolution of the complaint was derived without Family Court intervention. The rate of juvenile delinquent cases adjusted is calculated as the number of closed juvenile delinquency intake cases that are classified as adjusted divided by the number of juvenile delinquency intake closed cases, and multiplied by 100.

Terminated without adjustment and referred for petition (Cases Referred for Petition After Diversion Attempt): This is a case in which the resolution of the complaint did not occur because, after the commencement of adjustment services, the potential petitioner wished to file a formal petition, or the adjustment process was incomplete or unsuccessful. The rate of juvenile delinquent cases referred for petition after a diversion attempt is calculated as the number of closed juvenile delinquency intake cases that are classified as terminated without adjustment and referred for petition divided by the number of juvenile delinquency intake closed cases, and multiplied by 100.

Significance:

The juvenile delinquency cases referred for petition immediately rate is the official indicator of the juvenile delinquency complaints that represent cases where adjustment was not attempted by the probation department and were referred immediately to the presentment agency for a petition to family court.

The juvenile delinquency cases adjusted rate is the official indicator of the juvenile delinquency complaints that are closed by probation department adjustment services, rather than the formal Family Court process.

The juvenile delinquency cases referred for petition after a diversion attempt rate is the official indicator of the juvenile delinquency complaints that represent an attempted adjustment by the probation department which failed and were referred to the presentment agency for a petition to family court.

Note:

  • As of 2003, JD data included youth 7-15 years. Prior to 2003, JD data included youth 10-15 years.
  • Rates are not stable for counts less than 20.

Findings:

  • In 2013, the statewide rate of juvenile delinquent intake cases referred to petition immediately was 53.2 (8,039 cases) per 100 juvenile probation cases closed. The rate for New York City was 66.0 (4,553 cases) and the rate for the Rest of State was 42.5 (3,486 cases).
  • In 2013, the statewide rate of juvenile delinquent intake cases adjusted was 38.1 (5,758 cases adjusted) per 100 juvenile probation cases closed. The rate for New York City was 30.9 (2,136 cases adjusted) and the rate for the Rest of State was 44.1 (3,622 cases adjusted).
  • In 2013, the statewide rate of juvenile delinquent intake cases referred after a diversion attempt was 8.7 (1,313 cases) per 100 juvenile probation cases closed. The rate for New York City was 3.1 (214 cases) and the rate for the Rest of State was 13.4 (1,099 cases).

 

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