Criminal Justice Initiatives for Young Adults in Manhattan

YOUNG ADULT INITIATIVES Karen Friedman Agnifilo Chief Assistant District Attorney KFA@dany.nyc.gov

MANHATTAN CRIMINAL COURT One of the busiest in the nation Over 100,000 cases handled each year 20,000 felonies 80,000 misdemeanors and violations About 60% of low-level cases disposed at arraignments 2

CRIMINAL COURT INITIATIVES FOR YOUNG ADULTS New York is one of two states that prosecute 16- and 17-year olds as adults in the criminal justice system. Between 2010 July 2015, 27,000 defendants (16- and 17-years old) were prosecuted by our office, a rate of about 4,900 per year. In 2014, we prosecuted 4,054 16 and 17 year olds for felonies, misdemeanors and violations. This number has intentionally steadily declined in 2010 we prosecuted 5,943 The top felony charges for youth cases are robbery, grand larceny, assault and drugs. The top misdemeanor charges are shoplifting, farebeat, marijuana possession, and assault. In 2014, almost half (48%) of the cases that came in were disposed of via an ACD (6 month dismissal), and just over 3% of 16 and 17 year old defendants were sentenced to jail time.

YOUNG ADULT INITIATIVES Saturday Nights Lights (2011 present) We fund 10 agencies that provide 16 programs (in 14 locations). Partnership with PAL, NYPD and other organizations. The sites are located in places where kids (ages 11-18) need alternatives to criminal activity. As of June 2015, over 5,100 youth have been coached in basketball, volleyball, soccer, tennis and dance. Importantly, we also offer academic support and safe places for kids to study. Run by our Community Partnerships Unit.

YOUNG ADULT INITIATIVES Adolescent Youth Part (2012 present) Specialized misdemeanor court part for 16- and 17-year olds. All misdemeanors except misdemeanor sex crimes or DV Focuses on rehabilitation vs. punitive measures. Begins with a youth assessment by a social worker who works with the Court Dispositions generally involve youth counseling sessions. Work with youth to prevent them from getting criminal records. Cases usually end with an ACD dismissal after youth completes counseling sessions. The court meets one afternoon each week, after school with a specialized judge We are expanding to 18, 19 and 20 year olds Total number of cases that have gone through this part since it opened is 2,210 1,361 received APY services at arraignment; 849 received APY services after arraignment.

YOUNG ADULT INITIATIVES Project Reset (2015-present) Pre-arraignment diversion pilot program in the 23rd, 25th, 28th and Midtown South Precincts. For first arrest 16- and 17-year olds charged with non-violent misdemeanors. Youth are issued Desk Appearance Tickets with 9 week return dates. If they complete youth counseling prior to the court date, our Office declines to prosecute the case. Expanding Manhattan-wide to every precinct. Has the potential to prevent about 1,300 youth from ever having to appear in court by declining to prosecute their cases. If project is successful and expanded to adults as well, it could reduce 15,000 adults from coming into system that normally receive ACD dismissals at arraignments.

YOUNG ADULT INITIATIVES Clean Slate (November 2015) Initiative to help individuals clear up old summons warrants. To be held at the Soul Saving Station Church in Harlem on 11/21/15. Letters sent to individuals who live in the area with open warrants. Walk-ins are welcome as well. Public defenders to assist vacating the warrants and disposing of summons cases. Seeking to clear up about 1,000 bench warrants in a single day. A courtroom is set up in the church with public defenders present to help individuals resolve cases and get certificates of disposition. Resource fair. Over 700 individuals were served!

ELECTRONIC CELL PHONE MONITORING Criteria: YO eligible Under felony indictment More than supervised release is appropriate Held in on bail Excluded: Murder, Sexual Assault, shootings, stabbings. Program: Timeline: Defendant identified in 1st week of arrest Within one week from 180.80, D/C and CCI contacted Days 14-21, defendant is assessed, all discovery is turned over SCA defendant takes plea to charge and released sentence postponed Periodic updates to the court If successfully completes then YO with misd or even dismissal Smart phone provided by the DA s office Defendants are released with a structured program unique to them Contacts by Corrisoft, CCI, DA s office Electronic updates provided to the court

YOUNG ADULT INITIATIVES Several new initiatives starting in 2016: Removal of 12,000 violations from Criminal Court to Summons Part. Mostly quality-of-life offenses where people spent 24 hours in jail because they did not have identification or had a low-level warrant. Supervised Release for Misdemeanors and Felonies. Expanding the program to misdemeanors to reduce unnecessary incarceration.

OTHER YOUTH INITIATIVES Decriminalization of Marijuana (2012) DA Vance has publicly called for the decriminalizing of certain low- level marijuana offenses. We do not want to spend law enforcement resources on prosecuting groups who are disproportionately affected by this charge. And we have committed to working with the Mayor s Office to see that its new marijuana policy, which took effect in November 2014, is enforced. The NYPD now issue summonses, essentially tickets, to those who carry marijuana open to public view, in lieu of arresting them.

LEGISLATIVE MATTERS Raise the Age 16- and 17- year olds who commit misdemeanors and most non-violent felonies should have their cases handled in a Family Court. Bail Reform Amend the bail statute to allow judges to consider dangerousness and risk of re-offending in bail decisions. Also, amend the judicial diversion statute to mandate that dangerousness and risk of re-offending be considered before allowing diversion. Use of Risk Assessment Tools, i.e., the Arnold Risk Tool, to help guide judges.