Challenges and Priorities NYS Council of Probation Administrators By Ryan Gregoire, NYSAC Legislative Director
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YSAC recently published a podcast episode of County Conversations featuring a conversation on the everchanging roles and responsibilities of county probation departments, how recent changes to New York State’s criminal justice system have brought new responsibilities and challenges, and what county probation administrators will be advocating for in the upcoming legislative session. NYSAC’s Legislative Director Ryan Gregoire was joined by Luci Welch, Orleans County Probation Director and President of the NYS Council of Probation Administrators, along with Bob Iusi, Warren County Probation Director, and Chair of the Legislative Committee for COPA. Interview edited for length and clarity. RYAN GREGOIRE Two priorities on the program for probation departments are in regard to the raise the age statute that was enacted back in 2018. The first is a request to authorize law enforcement agencies to issue appearance tickets instead of an arrest in an immediate arraignment when an AO, an adolescent offender, is charged with most class D felonies. Can you tell us a little bit about what you have in mind for this modification for this population and why there's a struggle with assisting kids, AOs in particular? BOB IUSI Raise the age is a piece of legislation that's been in effect now for a few years. With that, we have a new class of offender called an adolescent offender, and that's for an individual between the ages of 16 and 18 who's charged with a felony. When that individual is apprehended by law enforcement, they're compelled to bring that individual in front of a court if in session. A lot of times they're not in session, so they have to find a local Magistrate that would be on call. Once you do that, there's county agencies that are responsible for finding specialized secured detention beds. We've talked many times to NYSAC, who has been a great partner with local probation departments with this, trying to advocate for more specialized detention beds. There is a lack of detention beds in the state of New York, and it's a difficult process to access them. And if you access them, I'm in Warren County, in the Lake George area, our Sheriff 's Department may have to go to Buffalo, Erie County, where there's a bed to bring an individual.
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NYSAC News | Winter 2022
What we're looking for is the flexibility for law enforcement on most class D felonies, which don't involve violence or acts against individuals, to have the discretion to issue an appearance ticket as opposed to getting everybody together. When I say in front of a court, it's not only the judge, it's many county personnel, local law enforcement, court personnel. A lot of times a judge will insist, if you're going to come in front of me, you better have a bed for me and if there's no bed, that's eight, nine hours of manpower, which may be after hours trying to find something. Law enforcement, in my opinion, particularly where I work, has very good discretion. If they apprehend an individual with a class D felony, and we give them the opportunity to issue an appearance ticket to go in front of the court when the court is in session again, it gives flexibility not only for the court system, but for county agencies that are tasked with finding a specialized secured detention bed when many times there simply isn't one. So, we're looking to streamline the process. We're looking to have a common-sense solution and leave it to the discretion of the professionals who operate in that venue. RYAN GREGOIRE Like you said, Bob, these are not violent felonies against an individual. So, we're talking about cases of fraud, possibly some small burglary type of events. And like you said, it's up to law enforcement at their discretion to decide, is this appropriate for an arrest, or can we just give them an appearance ticket and have them come to court the next day that it's in business. It doesn't make a whole lot of sense for a child from Warren County to get in a car and drive 6 hours to Buffalo to then be brought back to Warren County the next day to appear in front of a court. So that request certainly is another great commonsense solution that makes sense. And will also help individuals, AOs, who are charged with these class D felonies as well. So, Luci, staying on the vein of raise the age here and dealing with our youth, we just talked about some of the issues with trying to find detention beds. The second request from the probation departments is to allow law enforcement agencies to deliver an AO or a juvenile offender and juvenile delinquents to detention facilities after business hours without a securing order until the next business day. Why is that so important? What does it involve to try and get a securing order?
