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F A M I L Y C O U R T P L A C E M E N T T Y P E S
When deciding a placement type, the judge is supposed to consider the needs and best interests of the child as well as the need to protect the community. The judge is supposed to select the least restrictive option possible.
Non-Secure
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Placement
Up to 12 or 18 months
Child will be removed from their home and incarcerated in a facility close to their home. Child is typically enrolled in Passages Academy.
LimitedSecure
Placement
Up to 12 or 18 months
Child will be removed from their home and incarcerated in a more secure facility.
Secure/ Restrictive
Placement
3-5 years. (May extend to child's 21st birthday.)
Must be considered if the child has committed a Designated Felony.
Child will be incarcerated at a secure facility run by the Office for Children and Family Services.
*Court may also impose conditions. These include fees and fines, community service, and orders of protection (child must stay away a complainant or witness and their family.)
The state designates youth as one of three statuses depending on the type of alleged offense and their age.
Aged 13-15 and charged with " a serious or violent felony" offense listed in Penal Law 10.00 (18).
Unlike Juvenile Delinquents, Juvenile Offenders are considered criminally responsible for their conduct.
At sentencing, Juvenile Offenders are subject to less severe sentences than adults.
Though family court judges hear their cases, offenders are prosecuted as if they are adults.
The state designates youth as one of three statuses depending on the type of alleged offense and their age.
Aged 16-17 and charged with " a serious or violent felony" offense listed in Penal Law
10.00 (18).
Aged 16-17 and charged with a non-violent felony
Like Juvenile Offenders, Adolescent Offenders are considered criminally responsible for their conduct.
At sentencing, the Judge will consider the child’s age when deciding the appropriate sentence.
In Youth Part, Adolescent Offenders are also prosecuted as if they are adults.
Y O U T H P A R T : S E N T E N C I N G
While Juvenile and Adolescent Offenders' cases follow the traditional criminal court path, judges are required to consider their age and development during sentencing. A judge can give anyone 14 to 18 years old Youthful Offender (YO) status at Sentencing.
Youthful Offender adjudication can change potential sentences and it means the child will not receive a "criminal record."
Judges have the ultimate power and choice to offer YO status, but YO will generally be considered if the child:
Is at least 14 and under 19 at the time the criminalized act.
Has never been treated as a YO before
Has no prior felony convictions
