A young person charged as a juvenile delinquent (JD) may be placed in a secure or non-secure juvenile detention facility pending his/her adjudication. Pre-adjudication detention primarily occurs during court hours as a result of a judicial order, or after court hours if the arresting officer recommends immediate detention and the detention facility authorizes the stay. A youth admitted to detention in the latter scenario, by an arresting officer, must appear in Family Court on the next business day and a detention hearing must be held within 72 hours of admission. While less common, a youth may additionally be ordered to detention post-disposition, in response to a violation of probation or as a waiting period for a court-mandated placement to become available.
New York State's Family Court Act asserts that detention should be used in delinquency cases only in response to two types of risk: (1) risk of failure to appear in court and (2) risk of re-arrest pending a court return date. Article 3, Section 320.5 states, "The court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained: (a) there is a substantial probability that he/she will not appear in court on the return date; or (b) there is a serious risk that he/she may, before the return date, commit an act which, if committed by an adult, would constitute a crime."
The key distinction between secure and non-secure facilities is the level of restriction. Secure facilities are locked while non-secure facilities are not. Non-secure facilities are often termed 'staff-secure' as opposed to 'hardware-secure.'
Across the state, there are nine secure juvenile detention facilities located in seven jurisdictions: Albany, Erie, Monroe, Nassau, Onondaga, Westchester, and New York City. Counties that do not have their won secure option rely on out-of-county detention facilities. In addition, there are approximately 50 non-secure detention facilities across the state. Some counties have one or two non-secure facilities, often group homes that provide beds solely to the county. These facilities are typically privately run and staffed.
Age and gender indicators present the number and percentage of JD youth of particular age category or gender that are admitted to secure or non-secure detention facilities in a given year. These figures are based upon the number of total admissions, not unique individuals.
This indicator is calculated by dividing the total number of youth in a given age category (13 years and under; 14 to 15 years; 16 years and older) who are admitted to secure detention by the total number of admissions, not the total number of unique individuals.
JD non-secure detention admissions by age This indicator is calculated by dividing the total number of youth in a given age category (13 years and under; 14 to 15 years; 16 years and older) who are admitted to non-secure detention by the total number of admissions, not the total number of unique individuals.
JD secure detention admissions by gender This indicator is calculated by dividing the total number of youth in a given gender category (male; female) who are admitted to secure detention by the total number of admissions, not the total number of unique individuals.
JD non-secure detention admissions by gender This indicator is calculated by dividing the total number of youth in a given gender category (male; female) who are admitted to non-secure detention by the total number of admissions, not the total number of unique individuals.
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KWIC
Indicator(s) and Narrative For: