Basic services, 2022
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Overall
Locally operated
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Detention
Locally operated
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Probation
Locally operated
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Reentry
Mostly state operated
In New York, delinquency services are organized at both the state and local level. County governments or private agencies run detention facilities throughout the state, with the Administration for Children’s Services administering New York City’s juvenile detention system.
Juvenile probation is a county executive branch function in each county.
The Office of Children and Family Services (OCFS), a state children and families department, administers commitment and juvenile reentry services are provided by either the OCFS or the Local Commissioner of Social Services. |
Purpose clauses, 2016
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No clause
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Parens patriae
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Due process era
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Balanced and Restorative Justice (BARJ)
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Developmental Approach
Corrections agency, 2015
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Independent juvenile corrections agency
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Family/child welfare agency or division
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Broad human services agency
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Adult corrections agency or division
The New York Office of Children and Family Services (OCFS) administers commitments to state juvenile correctional facilities while juvenile reentry services are provided by either the OCFS or the Local Commissioner of Social Services.
Intake and diversion, 2016
Initial intake and court diversion decision is at the discretion of the prosecutor or the juvenile court intake officer, divided by offense.
Statutory time limits for pre- & post-petition court diversions exist.
Solitary confinement, 2016
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Prohibits punitive confinement
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Limits punitive confinement
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No limits on punitive confinement
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Did not respond
Solitary confinement for punitive purposes is not allowed in New York's juvenile correctional facilities. Confinement is permitted when a juvenile presents a danger to himself or others and must be authorized in writing by the head of the institution. Although the need for continued confinement is reviewed once every 24 hours, there is no limit on the total time in confinement. (Adapted from 51 Jurisdiction Survey of Juvenile Solitary Confinement Rules in Juvenile Justice Systems, 2016. Lowenstein Center for the Public Interest at Lowenstein Sandler LLP)
Release decision, 2016
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Agency
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Court
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Parole board
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Agency and court
Release of youth receiving indeterminate commitments to the New York Office of Children and Family Services (OCFS) are the responsibility of the New York Board of Parole. Youth receiving determinate sentences are released by OCFS when the Office deems it to be in the juvenile’s best interest and there is a reasonable probability that public safety will not be jeopardized. NCJJ's 2005 survey indicated the committing courts made the final release decision.
Risk assessment, 2020
| Organization |
2013 |
2017 |
2020 |
| Statewide uniform assessment |
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| Layered/regional assessment |
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| Locally administered assessment |
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In New York, individual county juvenile probation departments are regulated by the New York State Division of Criminal Justice Services (DCJS). DCJS administrative policy requires the use of a risk/needs assessment in all juvenile probation statewide. The Youth Assessment & Screening Instrument (YASI) is used in all counties except for New York City, which uses the Youth Level of Service/Case Management Inventory (YLS/CMI).
Information from the YASI is used to guide diversion from formal process decisions and informal adjustment planning, develop/inform pre-disposition investigation reports and/or planning, develop probation disposition recommendations to the juvenile court, assign probation supervision level, and develop probation case plans.
The state is able to aggregate case level YASI data and uses it to support local reliability and validity testing, assist with probation administration and organizational planning, and for ongoing policy research.
Sex offender registration, 2015
Does not register
Risk instruments, 2017
- Risk instruments tool used
- Youth Level of Service/Case Management Inventory (YLS/CMI) & Youth Assessment and Screening Instrument (YASI)
Mental health screening, 2014
Did not respond to survey.
Frameworks for evidence-based practices, 2014
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Statute
Supporting commitment to EBPs
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Administrative regulations
Either in corrections, probation, or the juvenile court
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Support center
Or collaboration dedicated to coordinating activities around implementing, evaluating, and sustaining EBPs
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No stance
No official stance on EBPs
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Did not respond
State did not respond to the survey
While evidence-based programming is an important consideration in New York's juvenile justice system planning efforts, the state does not fund a state coordinator position for the proliferation of evidence-based programs and practices (EBPs) in juvenile justice. Nor does New York require programs funded through juvenile justice block grants to employ research-based interventions in support of the proliferation of evidence-based programs and practices (EBPs). However, DCJS has included detailed data performance requirements for all funding they disperse involving delinquency prevention or intervention program start-up.
The New York State Juvenile Justice Advisory Group (SAG) provides guidance concerning established research-based juvenile justice programs through its website. The SAG's Juvenile Justice Services Database allows juvenile justice stakeholders and the public to locate evidence based juvenile justice prevention and interventions services state-wide by geography or program type.
The New York State Office of Children and Family Services (OCFS) also has an important role in advancing EBPs in New York state. The OCFS Division of Juvenile Justice supports a Division of Juvenile Justice Opportunities for Youth (DJJOY). The DJJOY is responsible for supervision and treatment of court placed youth, from intake to facility programming and community service provision. DJJOY supports and monitors facility-based operations and programs, as well as detention, community services and a range of community-based programs. The role of the DJJOY in advancing community based EBPs is evident on its website. The DJJOY is responsible for quality assurance across a range of operations and has developed an Evidence Based Community Initiative (EBCI) portfolio. The EBCI portfolio provides identifies a range of community-based programs that are successful with reducing re-offending. All of the EBCI-vetted programs operate in collaboration with the Community Multi-Services Offices and staff.
The commitment to advancing EBPs is also evident in New York City Department of Probation (DOP). The DOP defines Evidence Based Policies and Practices on its website and states that incorporates research based policies and practices are incorporated into virtually all if its operations.
Recidivism reporting, 2016
Does not publish recidivism consistently over time.
