The Role of Juvenile Justice 

and Probation

Good judgment is not what we typically associate with being 16 or 17 years old. Science tells us that teenage brains are still developing up until the age of 25. However, prior to 2018, the common trajectory of vulnerable youth whose bad decisions led them to the justice system, all too often also led to jail time.

“NY and NC were the last two states to stop sending 16-year-olds to prison,” said Adam Phillips, Probation Supervisor for the Monroe County Office of Probation-Community Corrections. Phillips was involved with the planning and implementation of Raise the Age legislation in our county, which raised the age of criminal responsibility to 18 years old for youth who commit non-violent crimes.

“Recognizing that the system needed to be changed, NYS implemented Raise the Age to allow these youth to be treated in an age-appropriate way,” said Phillips, who has worked in probation for over 12 years.

What is Raise the Age?

Raise the Age (RTA) legislation created the new category of Adolescent Offender (AO) for 16- and 17-year-olds who commit non-violent crimes. It’s important to make the distinction, as youth who commit sexual crimes or other violent felonies are still charged as adults in the justice system.

Fully enacted in 2020, RTA legislation allows for intervention and evidence-based treatment, and prevents youth from being housed in adult facilities or jails. Adolescent offender cases are tried in the Youth Part of Criminal Court. If a ruling leads to placement, AOs are housed in a specialized juvenile detention facility certified by the State Office of Children and Family Services, in conjunction with the State Commission of Correction. After serving a sentence, individuals who are crime-free for 10 years can apply to have their records sealed.

“Probations’ role within the juvenile justice system has changed in a very positive way,” said Cynthia Smith, Probation Supervisor for the Family Services Division of the Monroe County Office of Probation-Community Corrections, in reference to the enactment of Raise the Age.

“Many of the children we are working with have experienced trauma or ACEs (Adverse Childhood Experiences),” said Smith, who has 22 years of experience with Monroe County. “Their behavior and poor decision-making were being driven by unaddressed mental health or basic needs. A System of Care approach has allowed us to get to the root of the problem.” In a System of Care framework, community-based services and supports form a network of meaningful partnerships with youth and their families, to improve how they function at home and in everyday life.

Reactive to Responsive

“Historically, we get involved when youth experience behavioral challenges or commit a juvenile delinquent offense,” said Smith, explaining the role of juvenile investigators and juvenile diversion officers. “Our job is to identify barriers, build on strengths and deter them from committing more offenses that would lead them deeper into the system.”

Ten years ago, a disproportionate number of minority youth in Monroe County were being placed outside of the home in residential care. “We found that sending kids to secure placement for 12-18 months—and returning them to same home/street/community without making any attempts at long-term changes—wasn’t working,” said Phillips, who previously worked at Hillside Children’s Center.

Recognizing that rates of recidivism were high, Monroe County began to look at ways to bring other partners to the table, like the Department of Human Services and the Office of Mental Health, to help treat underlying issues.

“We had to get to the root of what was causing the big behaviors,” said Smith. “We found that a rehabilitative approach was much more conducive to their success moving forward, by taking a comprehensive look at the circumstances (around the crime), and treating youth and their families holistically.” She added, “Our role went from being reactive to being responsive.”

No Monroe County youth were separated from their families in 2021. That compares to 77 children who were placed out of their homes on PINS petitions in 2010.

Age-Appropriate Treatment

Collaborating with DHS and OMH, a multi-disciplinary team develops a plan to connect youth and their families to services. “We outline an individualized case plan, discuss expectations, identify barriers, complete a comprehensive youth assessment screening (e.g., mental health, aggression, attitudes), and select services based on those needs,” said Phillips. “The risk level determines how often we meet with youth and school personnel.”

Smith stressed that it’s essential to ask about goals and dreams, for both youth and their families, when developing the framework for a case plan. “We have to believe change can happen,” said Smith.

Some examples of the entities in the community that provide services are Villa of Hope (Juvenile Reporting Center), the Rochester Police Department and Monroe County Sheriff’s Office (engagement to build trust), local health providers, Girls Circle, Boys Council, and the Rochester City School District (a probation office administrator is available for consultation and planning for youth, records review, and IEPs for school modifications and placements).

A Path Forward

“Kids make mistakes, but they deserve chances,” said Phillips, who cautioned not to be quick to judge. “Keep in mind that these are kids in difficult circumstances, so their experiences may be very different from our own.”

While there may not be any easy solutions, he suggested starting a conversation with troubled youth, to open the door and find out what’s going on their lives. “9 out of 10 of these kids are not getting locked up or going away,” he continued, “so we want to make the situation the best it can be, in their homes and communities.”

Recognizing that we all have a responsibility to act, Phillips recommended going even further to find ways to be a positive influence in your community. “Don’t give up!” he concluded. “You never know what impact you’ve had on a young person’s life. Your influence makes the difference.”

Resources:

Monroe County Family Access and Connection Team (FACT)
https://www.monroecounty.gov/hs-fact-far