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Types Of Criminal Charges In New York State

A Violation is an criminal offense other than a traffic infraction for which a sentence to a term of imprisonment of upwardly to fifteen days may be imposed (New York State Penal Police force, Article 10). It is the to the lowest degree serious type of proscribed activity and encompasses such offenses equally harassment, trespass, and disorderly conduct. A person arrested for committing a violation may be taken into custody merely will usually be issued an appearance ticket indicating the time and place that he must announced in court. A violation is not a crime.

A Misdemeanor is an offense other than traffic infraction of which a judgement in excess of 15 days but not greater than i year may exist imposed (New York State Penal Police force, Article 10). A misdemeanor is a crime. Petit larceny, criminal mischief in the fourth degree and assault in the third degree all autumn into this category. Misdemeanors are grouped into 1 of three classes: Class A, Form B, or Unclassified. Upon conviction of a Form "A" misdemeanor, a courtroom may sentence an individual to a maximum of one year in jail or iii years probation. In addition, a fine of upwards to $1,000 or twice the corporeality of the individual'south gain from the crime may be imposed. Offenders found guilty of Grade "B" misdemeanors face maximum penalties of upwardly to three months imprisonment or 1 year probation. In addition, a fine of up to 5 hundred dollars or double the amount of the defendant's gain from the commission of the crime may be imposed. An unclassified misdemeanor is any offense not divers in the Penal law (other than a traffic violation) for which a sentence of imprisonment of greater than xv days but not in backlog of i year may be imposed.

A Felony is an crime for which a sentence to a term of imprisonment in excess of one year may be imposed (New York State Penal Constabulary, Article x). A felony is a law-breaking. There are v categories and two subcategories of felonies (A-I, A-Ii, B, C, D, and E) ranging from the near to least serious in terms of severity of offense and the caste of potential penalisation incurred. The penalty can vary from a term of probation to life imprisonment. In improver, the Penal Constabulary authorizes the imposition of a fine not exceeding the college of $v,000 or double the amount of the accused'southward gain from commission of the crime.

In the Penal Law's description of each criminal offence, the "degrees" of an offense determine the seriousness of the crime. For case, burglary in the third caste is a Class D felony and break-in in the second degree, the more serious offense, is a Class C felony.

Law Enforcement Agencies

The law enforcement function is organized at three levels: local, state and federal.

Local Law Enforcement: Local police agencies are organized at the municipal level (city, town and village) and county level (sheriff's patrol and, in a few instances, canton police force agencies). There are approximately 500 local police agencies in New York State. As a general dominion, law agencies are responsible for the enforcement of New York Country's Penal law, Traffic law and local ordinances within the geographic boundaries served by a particular law agency. (See page one–10 for a description of local detention facilities (lockups) that may be operated under police jurisdiction.)

Land Police force Enforcement: The New York State Police is the principal statewide constabulary organization having responsibility for the enforcement of the Country's penal and traffic laws. In those cases where the commission of crimes crosses jurisdictional boundaries, state and local law agencies may join their resources in the investigation of criminal matters.

Federal Law Enforcement: The enforcement of federal laws is a responsibility that is shared by a number of federal agencies; however, the enforcement of those laws that are ordinarily referred to as crimes (e.grand., bank robbery, interstate transportation of stolen property) is the responsibility of the Federal Bureau of Investigation.

Court Jurisdiction

Local Criminal Courts: In general, the term local criminal court means a commune court, the New York City criminal court, a city court a town court or a hamlet court. Some local criminal courts are also referred to as simply "justice courts." Local criminal courts have trial jurisdiction of all offenses other than felonies. If a person has been arrested on a felony accuse, the case volition ultimately exist transferred to a superior courtroom unless the charge is reduced to a misdemeanor or a violation.

Superior Courts: This term refers to supreme and county courts. Supreme courts handle mostly civil disputes, and a limited number of felony cases. Superior courts have exclusive trial jurisdiction of felonies, and may besides endeavour misdemeanor cases. If a defendant charged in an indictment with a felony or misdemeanor is also charged with a violation, that charge too may be tried in a superior court.

Federal Courts: These courts have jurisdiction over all cases involving conduct that congress either regulates (e.g., interstate commerce) or forbids (eastward.thousand., espionage).

Prosecution And Defense Functions

Prosecution: The prosecution office is organized at 3 levels: canton, land and federal. At the county level, the office of district attorney, an elected office, prosecutes all alleged violations of the penal police force that accept place within a canton and consequently this office is responsible for prosecuting the vast majority of all criminal offenses. The Function of State Chaser Full general, also an elected post, represents the Country'southward interests in such various areas every bit consumer fraud, ecology protection and organized law-breaking. When the Attorney General successfully prosecutes in these and other areas, criminal sanctions are often imposed on the convicted offenders.

At the federal level, the U.S. Attorney Full general is appointed by the President and is responsible for prosecuting all alleged federal crimes. This job is carried out through the offices of United states of america Attorneys, located in each federal district throughout the nation.

Defense: By law, each county in the State of New York must accept a plan to provide counsel to persons who are financially unable to retain counsel. The plan may provide for representation by a public defender, by a private legal aide society or agency, by a console consisting of private counsel (Section 18B of the County Law of NYS) or past a combination of whatever of the foregoing. Counsel must be provided to anyone charged with an criminal offense, other than a traffic infraction, for which a sentence to a term of imprisonment is authorized upon conviction.

Competency To Keep And The "Insanity Defense"

Once a person has been arraigned, questions may arise regarding the defendant's mental condition. Such questions ascend in i of two chief contexts: the defendant's competency to proceed and the accused'south mental status at the time of the offense.

Competency refers to the person'southward current mental state. The issue of competency can be raised at any time prior to the point that the defendant is sentenced.

With regard to competency, a defendant may exist declared an "incapacitated person" and unfit to keep on the grounds that the individual "equally a result of mental affliction or defect lacks capacity to understand the proceedings against him or to aid in his ain defense force" (Criminal Procedure Constabulary, Section 730.10 ). Beingness incapacitated is a condition that must be nowadays at the time of the legal proceeding. These persons can be transferred to a psychiatric hospital for treatment and may be returned to stand up trial once their competence has been restored.

In sharp dissimilarity to competency, the insanity defence focuses on the defendant'south mental country at the time of the criminal offense, a prior event. It is an affirmative defense, meaning that the accused has the brunt of establishing the defense by a preponderance of evidence. According to Section xl.fifteen of the New York Country Penal Law, a person is not criminally responsible for bear if "at the time of such conduct, every bit a effect of mental disease or defect, he lacked substantial capacity to know or appreciate either:

• the nature and result of such behave; or
• that such carry was incorrect."

An private must be competent to stand up trial before evidence of insanity tin can be presented to the court.

The Criminal Justice Process From Arrest Through Sentencing (See diagram on page 1-xiv, The New York State Criminal Justice System.)

Abort: The criminal justice process begins when a person is arrested. A police officer may apprehend and take into custody a person who commits a violation, misdemeanor of felony in the police officeholder's presence. New York law likewise allows a law officer to brand an abort for a felony not committed in his or her sight and without a warrant whenever the officeholder has "reasonable grounds" to believe that a felony has been committed and that the accused is the person who has committed the criminal offense. More often than not the police are required to obtain an arrest warrant before arresting an individual in his or her habitation.

Booking: Booking is the administrative tape of an arrest. Information technology is a 3-stride procedure which involves:

1. fingerprinting the accused;
2. submitting the accused's fingerprints to New York State's computerized criminal record index; and
3. obtaining a copy of the accused prior criminal record, if such a record exists.

Once an arrest has been made, the accused is brought by the arresting officer to a booking facility. Exterior New York City, the booking facility may exist a local police station in the case of cities, a town or village police station, a land police barracks, or a county sheriff'southward office, depending upon where the arrest occurred and which law enforcement bureau made the arrest. In New York Metropolis, all prisoners are booked at a facility known as Primal Booking.

In New York Metropolis, near all arrested persons are interviewed at Key Booking by a staff member of the Criminal Justice Agency (CJA). The interviewers from CJA obtain data on the accused'southward occupation, residence, and family status and, whenever possible, verify such information through third political party contacts: relatives, neighbors or employers. This information is made bachelor to the approximate, the prosecutor, and the defense attorney at the accused'due south arraignment in criminal courtroom. (Encounter section on Arraignment for a fuller give-and-take of the use of CJA reports at arraignment). Agencies like CJA are located in other areas of the Country, e.thou., Buffalo and Rochester.

Options at Booking: On a charge of misdemeanor or violation, a local police department, pursuant to guidelines, has the authority to release an accused either before or immediately afterward booking. The defendant may exist required to post pre-arraignment bail (also known as station firm bail) to secure later court advent. Such an defendant is given an Appearance Ticket (too known in New York Metropolis as a Desk Appearance Ticket or DAT). Unless released on an Advent Ticket, the accused is brought to a local criminal court by the arresting officer at the completion of the booking procedure. As a safeguard against illegal detention in jail, the law requires that the arrested person be promptly arraigned before a estimate. If the arrest is made on a weekend, the person may accept to be detained at a police lockup for as long as 48 hours before a judge becomes bachelor.

Complaint: The criminal complaint serves every bit the footing for the kickoff of criminal proceedings and is prepared by the arresting officer or by the complainant (i.e., victim of the declared criminal offence) and filed with a local criminal court which accuses one or more persons with the commission of an offense.

In New York City, the arresting officer escorts the accused to the courtroom building subsequently the booking process is completed. There, the officer and/or the complaining witness (victim) speak to an Banana District Attorney from the Commune Attorney's function. (Note: in some counties of New York City, the Commune Chaser interviews the arresting police officers and lament witnesses at the Central Booking facility.) The Assistant Commune Attorney decides whether it is appropriate to send the example to court. If so, a formal complaint against the accused is filed in a local criminal court by the District Attorney'due south office on behalf of the People of the State of New York. This written document must be processed forth with the defendant'due south criminal history (called a NYSID report or "rap sail") before the defendant can exist arraigned.

Outside New York City, the District Attorney is non an integral part of this procedure and the arresting officer and/or complaining witness (victim) may ready and file the complaint direct with the local criminal court. The Commune Chaser receives a re-create of the formal complaint, usually at arraignment.

Arraignment: The defendant is brought before a guess in the local criminal court for arraignment. Counsel is appointed to stand for the defendant at arraignment unless the defendant can beget a lawyer and the lawyer is present.

Ordinarily, the arraignment marks the first fourth dimension in the criminal justice process in which the accused appears before a judge. At the arraignment proceeding the accused is:

• informed of and given a copy of the formal charges against him or her;
• informed of his or her right to counsel and, if necessary, assigned counsel for the purpose of arraignment;
• informed of the correct to a preliminary hearing, if charged with a felony; and
• asked to enter a plea of guilty or not guilty, if charged with a misdemeanor or violation.

Although all of the in a higher place-listed events take place at the arraignment, yous may find it hard to follow the proceedings if you are sitting in the arraignment part of your local criminal court. There are several reasons why this occurs. Most defendants choose to waive a formal public reading of the charges confronting them. Often, if the courtroom is crowded and at that place is no microphone in apply, the noise level makes it hard to hear what is happening. Also, the large number of defendants being arraigned in a decorated urban expanse oft means that each case receives no more than than two or three minutes of attending.

Options at Arraignment: If the case is not resolved past the defendant pleading guilty to the criminal offense as charged or to a lower charge, (See affiliate on Plea Bargaining), or past the charges being dismissed, the judge must decide whether the defendant will exist released on his or her ain recognizance (ROR) awaiting the next court engagement, or whether bail will exist required. (Annotation: The judge may also decide in some cases to remand the defendant, i.e., crave the defendant to be held in custody without bail.) Bond is an amount of money or other class of security which is sometimes required past the gauge as a guarantee of the defendant's reappearance in court on a designated date. The amount and form of bond fix past the gauge depends on the circumstances of the case. Bail may be posted in greenbacks or through the services of a bond bondsman who charges a fee (established by statute) and who, in near cases, requires collateral. In one case bond has been posted, the accused is released from custody.

In New York City and other localities which have pre-trial release programs, the judge has the benefit of information obtained (often verified) by such agencies about the accused'due south reliability. These reports include data regarding the accused's community ties, length of residence in the county, employment and educational history.

Plea Bargaining: If you lot are observing arraignments in your local criminal courtroom, you may come across the defence lawyer and the prosecutor conferring with the judge either at the judge'south bench or in the judge's chambers. Often the defense and/or the prosecutor are exploring the possibility of resolving the case past having the accused plead guilty to a less serious charge. This process, known every bit plea-bargaining, has go the dominion rather than the exception in many of the courts of New York State. Plea bargaining generally entails:

• negotiation about the reduced charge to which the defendant would plead guilty; and/or
• in misdemeanor cases, judgement bargaining (i.e. negotiating for a less severe judgement in a local court; and/or
• in felony cases, negotiation most whether the District Attorney volition brand a specific sentence recommendation to the judge.

There are many reasons why plea-bargaining may be appropriate, from either the prosecution or the defense perspective. For instance, plea-bargaining may by warranted as a means of shielding the victim of a criminal offense from the trauma of public testimony or as an appropriate disposition for a offset offender. The following statistics help to shed light on another reason why plea-bargaining occurs. In 1998, there were 62,944 felony indictments and Supreme Court informations in New York Country, just merely 3,354 trials (five%). In gild to try all those indicted, the court arrangement would require massive increases in funding to pay for more than courtroom facilities, judges, prosecutors, clerks, court officers, court reporters and jurors.

Before accepting a plea of guilty, the estimate must determine that the accused is voluntarily pleading guilty and knowingly giving up the right to a trial. The accused should acknowledge his or her guilt, and promises made to the accused should appear on the tape. If the plea is to a misdemeanor, judgement may either be imposed immediately or there may be an banishment for a pre-sentence investigation report past the Probation Section. On a plea of guilty to a felony, there must be an adjournment for such a study prior to sentence.

Equally a full general rule, a plea of guilty to a felony can be taken only in a superior court (See page 1–half dozen), although there is a process involving the waiving of indictment and pleading guilty to a superior courtroom information which can take place in a local criminal courtroom. Guilty pleas to misdemeanors may be taken either in a superior courtroom or a local criminal court.

In deciding whether to establish bail and the corporeality, the gauge is required past the law to consider the factors such as the defendant's community ties, length of residence in the county, employment and educational history, past criminal record, record of past compliance with an order of the court, force of the prove against the defendant in the current case, and the sentence which could be imposed if the defendant is convicted.

Preliminary Hearing: The purpose of a preliminary hearing is to determine whether there is reasonable crusade to believe that a felony was committed and that information technology was committed by the defendant. If such reasonable cause is found, the defendant may be confined in custody awaiting grand jury action.

In New York City, the usual practice is for prosecutors to proceed directly to the grand jury, fugitive the need for a preliminary hearing. Such hearings are more common outside the Urban center of New York.

In New York State, a defendant held on bail or remanded on a felony accuse must be released from custody within a specified time unless either afforded a preliminary hearing or a statement is filed by the prosecutor indicating that the grand jury has voted an indictment. The specified time in question is 120 hours from arraignment or 144 hours if at that place is an intervening Sat, Sunday or a legal vacation. The right to a preliminary hearing may be waived.

A failure of the prosecutor to comply with these time limitations in the absence of expert cause for such failure volition result in the defendant'due south release from custody. These time limitations are independent in Section 180.80 of the Criminal Procedure Constabulary. Hence, at the arraignment, reference will ofttimes be fabricated to the "1 eighty-eighty day." That is, of course, a reference to the day past which the prosecutor must either have obtained an indictment or be ready to proceed with a preliminary hearing.

Holding a Defendant on a Misdemeanor Charge: The accusatory instrument charging a defendant in a local criminal court may be either a complaint or an information. Both are, in effect, affidavits. The difference is that an data is sworn to by a person who has first-hand knowledge of the facts, while a complaint, in whole or in part, is based upon facts learned from another.

In New York State, if a person is held in custody on a misdemeanor complaint, the prosecutor has five days from the arraignment (not including Sunday) to convert the complaint to an information (by obtaining affidavits from those with showtime-paw knowledge). If this fourth dimension limitation is non met, the defendant must exist released from custody. Every bit this fourth dimension limitation is independent in Section 170.70 of the Criminal Procedure law, such twenty-four hour period of release will frequently be referred to as a defendant's "1 lxx seventy day."

Motions and Discovery Proceedings: A motion is a request by either the defence force or the prosecutor to have the court take some activeness in a particular defendant's case. Some motions are procedural, such equally a motion to adjourn the case or to delay sentencing. With few exceptions, the defence force has 45 days to make its substantive motions. New York practice calls for an "omnibus" written move, which will include requests to discover information near the People's example and, perhaps, to suppress certain evidence. When evidence is illegally obtained, for case, such testify is not admissible at trial. The defense lawyer will seek to exclude show, and a hearing to decide the motion may be held before trial.

Examples of motions you lot may hear in court include:

• A motion to suppress concrete show on the grounds that it was seized during an illegal search by the police (a Mapp or Dunaway hearing);
• A motility to suppress a statement fabricated by the defendant on the grounds that it was illegally obtained (a Huntley hearing). The lawyer may debate that the defendant acted involuntarily due to force per unit area, tricks, threats, or physical corruption, or that the defendant was non properly advised of his or her right to remain silent and the right to counsel (called Miranda warnings) or that the statement was the product of an illegal arrest; and
• A movement to suppress proof of an identification of the defendant on the grounds that the lineup or showup was held in an illegal or suggestive fashion or where information technology is alleged that the identification was a product of an illegal abort (a Wade hearing).

Grand Jury: The grand jury is a panel of 23 persons (a quorum consists of 16 persons) called on a county-broad basis. The thousand jury serves 2 functions, one judicial and the other investigative. In its judicial capacity, the grand jury hears evidence presented by the District Attorney and determines whether sufficient evidence exists to accuse a particular defendant with a particular felony.

1000 jury proceedings are closed to the public and the secrecy of such proceedings is strictly maintained. Normally while the m jury is in session, the only people present are the Assistant Commune Chaser, the jurors themselves, court personnel and witnesses who may be chosen to requite evidence. Whatever person who appears as a witness and has signed a waiver of immunity has a right to an chaser. Although the attorney may human action as an advisor to his or her client, the attorney may non otherwise take part in the proceedings.

After hearing evidence, the m jury may issue (render) a "true bill" if at least twelve jurors decide the case is stiff enough to indict the defendant. The foreman of the grand jury so files the indictment with the superior court.

If the grand jury decides that in that location is not sufficient evidence to justify a felony charge, simply in that location is enough to believe a misdemeanor was committed, it can direct the District Attorney to file a prosecutor's information with the local criminal court.

If the 1000 jury decides that insufficient evidence to justify any accuse was presented, information technology can vote a "no neb" and dismiss the charge.

In its other capacity, the grand jury has investigative powers which allow it to investigate declared misconduct or neglect of office by a public servant. After hearing evidence, the thousand jury may file a study with the court which impaneled it with a finding as to whether such misconduct or neglect has occurred. If accepted by the courtroom, the grand jury'south report may serve as the basis for removal or disciplinary action against the named official.

Superior Court: The first procedural step post-obit indictment by the grand jury or the defendant's consent to the filing of a superior courtroom data, is arraignment in the courtroom that tries felonies.

Superior courts now operate on the Individual Assignment System (IAS). In this system, 1 judge handles a particular instance from inception to conclusion, with assignment of the case to a particular judge achieved in a neutral manner. Depending upon the canton, such assignment may precede or follow arraignment on the indictment in the Superior Court.

Post-obit consignment, the parties and gauge may enter into plea bargaining. If such bargaining fails to result in an understanding, motions volition exist made and decided and a trial date will be fixed.

Trials: A trial is the process by which it is determined whether the charges made confronting the defendant are established by proof of guilt across a reasonable doubt. A defendant has a waivable right to jury trial in all felony cases and in those misdemeanor cases in which a judgement of more than than six months may be imposed. A trial before a approximate without a jury is known as a bench trial.

A jury in a misdemeanor case consists of half dozen persons with one or two alternates. A jury in a felony case consists of twelve persons with up to four alternating jurors. The names of prospective jurors are chosen from lists of registered voters, licensed drivers and recipients of country income tax forms (County Jury Commissioners may supplement these lists with names from other sources). In general, the order of a jury trial is as follows:

1. The jury is selected and sworn subsequently both the prosecutor and the defense lawyer take had an opportunity to question the prospective jurors regarding their qualifications to serve as jurors, a process which is called "voir dire." Each side is immune to challenge the qualifications of a prospective jury fellow member.
2. The judge delivers preliminary instructions to the jury.
3. The prosecutor delivers an opening statement to the jury.
4. The accused'south lawyer may evangelize an opening statement to the jury.
5. The prosecutor offers testify in support of the charges against the defendant.
6. The accused's lawyer may offer evidence in defense.
7. The prosecutor may offering show in  rebuttal to the defense evidence, and the defense force may offer testify in rebuttal to the prosecutor's rebuttal evidence.
8. At the conclusion of the testify, the defence may evangelize a summation to the jury.
9. The prosecutor may then deliver a summation to the jury.
10. The judge delivers a charge (legal instructions) to the jury.
11. The jury retires to consider the evidence and, if possible, return a verdict. In criminal cases, the jury must exist unanimous in gild to achieve a verdict of guilty to a accuse.

Sentencing: The defendant'southward final appearance in the trial courtroom will exist for the purpose of sentencing. All felony convictions crave a presentencing report prepared by the Department of Probation. The judge may, even so, guild a presentence investigation and report at any time during the trial process for misdemeanors besides as felonies. The reports provide the judge with information on the defendant'south groundwork, possible mitigating circumstances involved in the crime, the likelihood of successful probation and suggested programs of rehabilitation. The estimate is under no legal obligation to follow the Probation Section's recommendation.

The Penal Law of the State of New York allows x possible dispositions for a convicted defendant:

1. An Unconditional Discharge
2. A Provisional Discharge
3. A Fine
4. A Conditional Belch plus a Fine
5. Probation
6. A Fine plus Probation
7. Imprisonment
8. Imprisonment plus a Fine
9. Imprisonment (half-dozen months or less for a felony; 60 days or less for a misdemeanor), plus Probation
10. Imprisonment (for sixty days or less) plus Conditional Discharge.

The constabulary now provides that the court may direct restitution to the victim in add-on to whatever other judgement imposed upon the defendant.

Nether New York police force, there are provisions for increased penalties for persons bedevilled of a second or 3rd felony offense. A person bedevilled of a felony after a previous felony confidence within the preceding ten years (excluding times of incarceration) is known as a predicate felon or a predicate violation felon (if both the current and prior felonies are designated as violent felonies by the penal law). A predicate felon or a predicate violent felon must be sentenced to state prison with a sentence of which the minimum must be one-half of the maximum. A not-predicate felon sentenced to state prison will usually receive a sentence of which the minimum is one-tertiary of the maximum. The minimum sentence for a predicate violent felon is greater than the minimum for a predicate felon which is in turn, greater than the minimum for a non-predicate felon.

Persons with two or more prior felony convictions may be sentenced as persistent felony offenders (discretionary) or persistent fierce felony offenders (mandatory). Such sentences carry maximums of life imprisonment too as substantial minimum sentences.

Probation is judicial disposition in which the bedevilled offender's liberty in the community is continued subject to the supervision of a probation officer and to conditions imposed by the court (eastward.chiliad., maintain employment, make restitution, or stay away from sure people or places). If a probationer fails to honor the mandated provisions, the probation officer can file a violation of probation and recommend that probation be revoked. The probationer volition then be ordered to appear in court for a hearing to determine whether he violated a condition of his probation. If it is determined that he has, the court may impose a judgement of incarceration.

New York Land law requires county governments and the Metropolis of New York to operate probation departments and to provide various state-mandated services that are related to the sentencing function. Standards promulgated by the land require specific education and training for probation officers and regulate the conduct of pre-sentence investigations, the content of presentence reports, and the mode in which probation supervision is provided.

In virtually New York State counties, intensive supervision probation is also available for felony convicted offenders. The reduced probation caseloads and greater frequency of contact distinguishes this form of probation from regular probation. In selected cases, intensive supervision probation may exist appropriate for persons with mental illness who may otherwise face incarcerative sentences.

Parole: Parole is a state operated process directed by the Parole Lath by which felony offenders in state prisons return to the community under the supervision of a parole officeholder. Felony offenders may return to the community in the following ways:

• Inmates bedevilled of non-violent felonies may be considered for an early release to the customs to serve the remaining portion of their judgement after serving one-third of their sentence. Inmates make an initial appearance before the Lath of Parole two months before their eligibility engagement. The Board has the power and duty to determine which inmates are released and to constitute the time of release and the conditions of post/release supervision. Inmates denied release will reappear before the Board for consideration at a later date.
• Inmates denied release by the Lath may earn fourth dimension allowances (adept time) of up to one-third of the maximum term of imprisonment for good institutional beliefs. When the good time earned is equal to the unserved portion of the maximum term, the inmate may be released on conditional release. Good time allowances do not affect the minimum term of imprisonment but does provide for possible release after serving two-thirds of the sentence.
• Inmates who take been denied release from the Board and have not earned practiced time, will be released from state prison after serving the maximum term.

Inmates who are granted release by the Parole Board or conditionally released must serve the residue of their sentence under the supervision of a parole officeholder. Parole Officers are unique in that they are both peace officers and caseworkers who provide supervision and support services to parolees. Parole Officers are the bridge between the newly released individual and the community. They coordinate the delivery of available services, help to motivate and guide parolees and report on their progress. Parole Officers can revoke parole for violations of atmospheric condition or release and return the parolee to custody (unremarkably in county jail) awaiting preliminary and last hearings before a Parole Board. Research indicates that in New York Land the possibility of being granted parole was reduced if an inmate had an episode of inpatient psychiatric care while incarcerated. (Townsend, 1989).

Jenna's Police force: Eliminates discretionary parole for outset time violent felony offenders and requires inmates to serve a menstruum of post release supervision following release from a determinant sentence. (Penal Law §60.12, 70.00, lxx.08, 70.45 and CPL §380.50, constructive with respect to crimes committed on or subsequently 9/1/98.)

There are iv significant features of the police:

1. Restructuring of sentences for persons convicted of violent felony for the kickoff time: Indeterminate sentences are eliminated; parole in current grade is abolished; judges are forced to impose a fixed term of years as sentence; individuals are required to serve half-dozen/seven of their term.
2. Sentencing of domestic violence victims: Court is permitted to exist more lenient with domestic violence victims who are bedevilled of attacking their abusers; court tin can impose indeterminate sentence in many cases.
3. Mail service release supervision: After serving determinate judgement, inmate must serve a period of "mail release supervision"; post release supervision must be completed before determinate sentence can be fulfilled; defendants convicted of a violent felony who have been convicted of a past trigger-happy felony are bailiwick to a five year flow of post-release supervision.
4. Notification of crime victims: In cases of violent felony or felony under Article 125 of Penal Law, victim can demand that he or she be notified of the escape, absconding, discharge, parole, provisional release or release to mail service-release supervision of offender. (Source: Gould's "Criminal Law and Procedure Reporter," Vol 9, No. 1, Fall, 1998).

Youthful Offender: A estimate may detect that it is in the interest of justice for a youth between the ages of 14 and 19 to receive what is known equally Youthful Offender handling. To be eligible, defendants must not:

• Be pleading guilty to or be convicted of a crime punishable past death or life imprisonment;
• Be pleading guilty to or exist convicted of a violent felony where they were armed with a mortiferous weapon or brandish what appeared to be a gun;
• Have previously been convicted of a felony;
• Have previously received a Youthful Offender felony adjudication; or
• Have a previous juvenile delinquency finding against them based on a Family Court Human activity "designated felony."

The benefits of Youthful Offender status are:

• A record as a Youthful Offender rather than as a person convicted of the actual crime;
• The defendant may be sent to a special state establishment rather than prison house;
• Adjudication equally a Youthful Offender does not count as a predicate felony conviction for the predicate felony laws;
• The maximum sentence which tin can exist imposed is reduced.

If the confidence is for a misdemeanor and the defendant, who is between the ages of 14 and nineteen, has no previous convictions or has non been previously found to exist a Youthful Offender, the court must find the defendant to be a Youthful Offender.

Juvenile Offender: In response to public concern about a perceived increase in crimes committed by youths, the New York Country Legislature provided, every bit function of the trigger-happy felony offender legislation passed in 1978, that youths between the ages of thirteen and fifteen could be held criminally responsible for certain serious crimes. Under this legislation, "Juvenile Offenders" are prosecuted in the criminal courts. Juvenile Offenders are defined as:

• 13, 14 and 15 year olds who commit acts constituting murder in the second degree; or
• 14 and 15 year olds who commit acts constituting kidnapping in the commencement caste, arson in the first or second caste, assault in the first caste, manslaughter in the outset caste, rape in the showtime caste, sodomy in the first degree, aggravated sexual corruption, break-in in the first or 2d degree, robbery in the first or second degree, or attempt to commit murder in the second degree or kidnapping in the kickoff caste.

The law provides that under certain circumstances juvenile offender cases can exist transferred to the Family Court instead for processing equally juvenile delinquency cases. The District Attorney recommending removal of the activeness to the Family unit Court after indictment must submit a written memorandum setting forth the reasons and the guess must accept these reasons. In practice, since the law was passed in 1978, 69% of all juvenile offender cases commenced in New York City were either removed to Family unit Courtroom, dismissed, or not prosecuted by the Commune Attorney's office. New York Urban center has had almost 87% of the juvenile offender arrests in New York State.

Alternatives To Incarceration Program

In New York State, there are a broad range of existing alternatives to incarceration programs providing supervision and a range of services. These programs exist at dissimilar points in the criminal justice procedure and vary from community to community. However, Alternatives to Incarceration Programs are frequently operated by private, not-for-profit agencies or are located within an existing criminal justice agency (e.g., probation departments that operate pretrial release programs, sheriff'south departments that operate community service sentencing programs).

Described beneath are the major categories of alternatives to incarceration programs available in New York Country. While several jurisdictions possess all of the models described, even the sparsely populated counties of New York State often possess one or more program models.

Pretrial Release Services: Pretrial release programs provide the courts with a viable alternative to money bail by identifying those defendants who are likely to appear in court as required. These programs gather and evaluate data about each accused (eastward.yard., a accused'south community ties) and provide this information to the courts, thereby enabling the courts to release defendants who would otherwise exist detained. Through the help provided to the courts by these programs, defendants may exist released on recognizance (ROR) or released with court ordered conditions. This latter form of release holds promise for defendants with a history of mental disease or other individuals with treatment needs. Commonly regular visits to a therapist or mental health clinic is fabricated a condition of pretrial release; this requirement will proceed until case disposition.

Defender-Based Advocacy Programs: Defender based advocacy programs work closely with defence attorneys in intervening on behalf of criminal defendants. By evaluating accused'due south personal circumstances (e.g., need for treatment), preparing reports and memoranda and, in some cases, arranging for a defendant's participation in handling programs, defender-based advocacy programs facilitate pretrial release, plea bargaining and not-incarcerative dispositions, and prepare alternative sentencing proposals. These programs may be known past other titles such equally Public Defender's Program, Client-Specific Planning, and may be based in Public Defender'due south Offices or private law offices.

Twenty-four hour period Reporting Centers: These programs provide a structured, supervised and service enhanced approach to maintaining criminal justice clients in the community. Individual participation ranges from a cursory, daily visit to daylong attendance and the level of service provided varies according to the needs of each client. Day reporting programs provide a regimen that falls between jail and intensive probation supervision. Although this intermediate sanction should not exist confused with traditional day treatment programs this program model's capacity for the coordination of service delivery suits information technology to the forensic mental health customer.

Community Service Sentencing: Community service sentencing programs provide an alternative grade of penalty for offenders who would otherwise exist sanctioned through the utilize of imprisonment or another grade of penalisation. Offenders are placed in not-for-profit or public agencies where they work for a specified number of court ordered hours or days. Conscientious option of offenders, in combination with advisable treatment and community back up systems, make this intermediate sanction suitable for some offenders with mental illness.

Local Conditional Release Commission: As a result of a statute enacted in 1989, all New York Country counties at present possess a Local Condition Release Commission (LCRC) that has responsibility for reviewing applications for local conditional release made by offenders sentenced to jail. To be eligible for local conditional release, an offender must be sentenced to ninety days or more than and must serve at least sixty days of that judgement. In reviewing applications for local conditional release, the LCRC may consider proposals for treatment (e.g., outpatient treatment, or participation in a community-based mental health residence) in lieu of incarceration. Offenders who are released under the terms of this statute are subject to a mandatory one year term of probation and any treatment conditions are made a special condition of that probation.

Other Alternative Programs: Across New York State, a variety of other programs serve criminal justice clients who, in the absenteeism of these programs would otherwise likely be confined in jail or prison. Some of these programs are formally established for this purpose and serve exclusively a clientele who are incarcerated bound. TASC (Handling Alternative to Street Crime) programs provide alternatives to incarceration, and may serve persons with mental illness. Other examples of such programs include domicile restriction or house arrest programs (some of which utilise electronic surveillance equipment to ensure compliance) and special offender handling programs (e.one thousand., sex offender treatment, residential and transitional programs and programs for women and youthful offenders). Other programs serve a broad range of clientele, including those who are involved with the criminal justice organization.

Police Lockups and Courtroom Pens

Law Lockups are local detention facilities used to hold individuals sixteen years of age or older who have been arrested but not yet arraigned. Detainees are usually brought to a lockup to be booked and interrogated immediately following arrest, or these facilities may be used to hold inmates from jail who are pending action by a court after their initial arraignment. Lockups are usually administered by a local police master who has been appointed past the mayor or other local governmental trunk. State police mandates that all persons taken into custody exist arraigned "forthwith." Consequently detainees are seldom held in a lockup for more than than a day, or if a judge is unavailable, a weekend.

While an individual is detained at a lockup, information regarding pending cases tin be adult and decisions regarding disposition can be made. Due to security considerations and the brief length of time that detainees stay at lockups, no programming or recreational opportunities of whatever kind are offered.

About lockups do not have kitchen or health facilities. Detainees are usually served meals that are purchased from nearby restaurants and eat meals in their cells. Exterior providers are relied on for health care services.

There are about 200 police lockups in New York Country. Many have simply three or four cells with larger metropolitan facilities having the chapters to hold twenty detainees or more. Smaller police jurisdictions may not maintain lockups at all.

Few departments designate a distinct grouping of officers for permanent consignment to the lockup. Rather, officers tend to rotate through this assignment or dispatchers have responsibility for supervising the cells.

County and Municipal Jails

A jail is a locally administered detention/correctional institution that is used to confine individuals at least xvi years of historic period. Younger persons who are taken into custody must be held at carve up facilities operated exclusively for juveniles by the New York Country Part of Child and Family Services. Inmates are admitted directly from the local courts following arraignment. Legislation enacted in 1990 (Affiliate 681 or the Laws of 1990) provides that when bench warrants or arrest warrants have been executed and no appropriate courtroom is available, a police officer may bring the arrestee to a county correctional facility. The arrestee can be detained until the kickoff of the court session occurring on the next twenty-four hours.

Jails are used to detain people in a variety of legal situations:

• Persons who have been arrested, arraigned and are awaiting trial in either criminal or family unit court. Those who fall into this category either do not accept the resources needed to post bail set up by the guess, are unable to secure their release on personal recognizance, have not withal had bond set, or have had jail denied by the court.
• Persons who have been convicted but not all the same sentenced.
• Persons who have been bedevilled and are serving a sentence of confinement of up to one year.
• Persons who have been convicted and sentenced to a term of confinement in excess of one yr and are awaiting transfer to a state prison ("state ready").
• Material witnesses who are jailed to guarantee their appearance in court and/or their personal safety prior to testifying.
• Persons who are detained for parole violations.
• Persons who are in custody of a Federal law enforcement agency and are being temporarily housed in a canton jail.

The task of managing jails is a responsibility of local government. In New York, well-nigh of these facilities are administered by canton sheriff's, for whom the operation of the jail is but one function of broader court related and police force enforcement duties. Some jurisdictions, such as New York City and Westchester County, take established a split up Section of Correction to manage their jails.

Information technology is important to note that each jurisdiction may have more one type of jail, the types being distinguished by the kind of inmate in custody. Some jails are used solely to detain people pending trial. County penitentiaries concord merely inmates who are serving a court imposed sentence. Separate facilities for detainees and sentenced prisoners are seldom found outside of big metropolitan areas because of cost considerations and the small number of inmates who require confinement. By far the nigh common blazon of jail is the combined detained-sentenced facility where all county or metropolis inmates are taken.

All county jails must have a jail physician, and many facilities too employ nurses and part-time medical personnel. By far, the largest category of employees in whatsoever jail is that of the correctional officer. Officers supervise inmates, command entry to and leave from the facility, and perform other duties pertaining to overall institutional security and operations. They are organized by a chain of control (i.e., officer, sergeant, lieutenant, captain) and in the larger jails are sometimes placed under the command of a deputy or assistant warden. The New York State Committee of Correction Minimum Standards and Regulations for Management of County Jails and Penitentiaries mandate that officers consummate a basic grooming program prior to beginning their duties or within one twelvemonth later their date. The Commission of Correction mandates a basic curriculum for new recruits. The curriculum is presented by certified instructors in regional academies.

NYS Department Of Correctional Services (NYSDOC)

The NYS Department of Correctional Services operates over 70 minimum, medium, and maximum security prisons as well as the Willard Drug Treatment Campus. The largest facilities accommodate more than 2900 inmates. These facilities are used to confine individuals 16 years and older. Prisons accept more comprehensive programming, recreational opportunities and medical/mental health services than county jails. In New York State mental wellness services for country incarcerated prisoners with mental disease are provided via the NYS Office of Mental Health. OMH operates a 205 bed secure JCAHO-accredited psychiatric hospital, Key New York Psychiatric Eye (CNYPC) at Marcy, NY, which admits sentenced persons diagnosed with mental affliction from DOCS facilities and local correctional facilities. OMH also operates emergency and outpatient on-site programs in the Land prison house facilities. These programs include 23 outpatient clinics with twelve total Satellite Units providing a total of 154 crisis beds and 534 Intermediate Care Programme (ICP) beds. The ICPs are similar to community residences and provide on-site psychiatric rehabilitation services in prison housing units separated from the general population. These ICP programs serve inmates whose functional disabilities forestall them from living in prison house general population housing areas.

County jails should not be confused with state correctional facilities (prisons), which are run past the New York Land Section of Correctional Services. Prisons business firm but convicted felons who have been sentenced to terms ranging from one twelvemonth to life. Inmates sentenced to prison tend to be more than violent and have longer criminal records than those held in county jails.

New York State Commission Of Correction (NYSCOC)

Article 17, Section five of the New York State Constitution provides for the establishment of a Land Commission of Correction to visit and audit all institutions used to detain sane adults charged with or convicted of a crime or ceremonious crime. Its jurisdiction encompasses all county jails, canton penitentiaries, county lockups, city jails, law lockups, court detention pens, infirmary prison wards, secure facilities of the Office of Children and Family Services and all institutions that contain the land correctional system. 3 Commissioners are appointed by the Governor with the consent of the Senate.

The basic functions of the Commission are divers in the Land Correction Law. These functions include:

• Promulgating minimum standards (codes) for the care, custody and safety of all persons bars in country and local correctional institutions;
• Investigating reportable incidents (deaths, assaults, escapes, etc.) and the management of all institutions within its purview;
• Approving or rejecting plans for construction or renovation;
• Advising the officials of such institutions in the operation of their lawful duties.

Any correctional facility employee who refuses to admit a member or officer of the Commission for the purpose of visitation and inspection or who does not furnish information required by the Commission is subject to civil or criminal sanctions. The Committee has the potency to subpoena witnesses and documents. It can likewise close any correctional facility subject to inspection if information technology is unsafe, unsanitary or unable to provide for the classification of prisoners equally required by law or which has not complied with the rules and regulations promulgated by the Commission.

Medical and mental health practitioners are most likely in interact with staff members representing the Committee of Correction's Medical Review Board (MRB). This Board is chaired by ane of the Commissioners. New York State Correction Law mandates that the Lath take six members including an attorney, a board certified forensic psychiatrist, and a board certified forensic pathologist. Each member is appointed to a v yr term of office by the Governor, with the communication and consent of the Senate.

The Medical Review Lath is mandated to investigate the cause and circumstances surrounding the death of any inmate of a correctional facility and, when advisable, to make recommendations to the facility administrator and wellness services providers to prevent the recurrence of such deaths.

When there is a questionable inmate death (including merely not express to homicide or suicide), a Correction Facility Specialist from the Commission conducts a field investigation involving the facility in question. The purpose of this research is twofold: outset, to answer case specific questions such equally the adequacy of supervision or handling and the timeliness of emergency response efforts; and second, to identify potential problems of a larger systemic nature such equally the lack of specific facility or wellness service procedures for identifying and managing high risk inmates. The police and District Attorney's Office also investigate inmate deaths, just their interest in such cases is more often than not express to the single issue of whether a law-breaking was committed. Committee staff are frequently in contact with these agencies in the course of investigations.

Commission staff investigating a case will usually begin the on-site segment of the investigation by consulting the Medical Examiner or pathologist who conducted the autopsy and toxicological examinations. In the case of a suicide, the investigator volition then get to the jail or lockup where the incident occurred to review pertinent facility and medical records (supervisory logs, officer statements, clinical records, etc.) and to interview officers, health services providers and inmates who knew or had contact with the deceased. The location where the inmate died volition likewise be inspected. Finally, the investigator volition interview whatever "significant others" (e.1000., the inmates' friends and relatives) who might have additional insights into the decease. A amendment will be automatically issued for all medical, mental health and hospital records.

The report that the investigator subsequently writes nigh the expiry will be reviewed at ii levels. The report and all supporting documents such as photographs and health records are first submitted to the Medical Review Board. The Medical Review Board reviews the instance material and will enquire the investigator to respond any clarifying questions that the Board members may have. The Board then prepares a summary report. The report presents major findings of fact that describe what happened forth with specific recommendations, where appropriate, to help forbid recurrence.

This study is submitted to the Commission. The Committee has the final authority for issuing the official case report. The Main Administrator of the facility where the expiry occurred then has a specific flow of time to respond to the Committee'south typhoon report. The study then becomes a public document. All other case materials and testify remain confidential.

The Board is also responsible for investigating the delivery of medical and mental health intendance to inmates and for recommending such changes as information technology deems necessary to improve the quality and availability of such care. The Commission promulgates "Minimum Standards and Regulations for the Management of County Jails and Penitentiaries" which include the requirement that the jail "brand maximum apply of community medical and mental health facilities, services and personnel" (Chapter I, Part 7010.2 (i))

Minimum Standards likewise require jails to complete "initial screening and risk cess" for each inmate (Chapter I, Office 7013.3 (2) and 7013.seven (b)), including "history of mental illness or treatment" and "potential for self-injury or suicide."

The New York City Board Of Corrections

New York Charter, Department 626, empowers the NYC Lath of Corrections to monitor and evaluate the operation of the NYC Department of Corrections. The chief objective of the nine-member Lath of Corrections is to insure that all individuals within the City's Correctional Institutions, both officers and prisoners, are provided with an surround which is safe, secure, healthy, humane and responsive to the needs of the individuals. Specifically, the Board of Corrections:

• establishes and enforces compliance
• insures that timely responses are provided to complaints, grievances or requests for aid from prisoners
• makes recommendations to improve the delivery of medical, mental health, social service, equally well as food service throughout Dr..

The Board has a paid staff of compliance workers who regularly monitor housing and inmate service areas for compliance with minimum standards and who investigate reportable incidents.

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Source: https://omh.ny.gov/omhweb/forensic/manual/html/chapter1.htm

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