Professional Documents
Culture Documents
receipt of a court order while the matter is proceeding. This process is tying up resources in the court,
county agencies, and law enforcement officers. When secure detention space is not available, the
Adolescent Offender, which is often a high-risk individual alleged to have a committed a serious and
violent crime, is released to be supervised by the probation department.
According to the attached research conducted by the Council of Probation Administrators (COPA), there
are numerous instances of serious crimes, many conducted with guns, were alleged to have been
committed and detention was not available anywhere in the state. In these instances, the individuals
were released into the community, even some without electronic monitoring or release conditions,
posing real risk to themselves and the public. This defies the principals of a sound public safety policy.
You will note that inappropriate releases occurred in several counties regardless of size, population,
community definition (urban, suburban, or rural) or geographic location.
The data in the attached spreadsheet presents the following identifiable categories:
• the seriousness of the crime,
• whether a weapon was involved,
• if a detention bed was available and if not, what was the alternative.
To begin to resolve this crisis, counties strongly urge the state to transition some of the closed OCFS or
Department of Correctional and Community Supervision facilities to accommodate the lack of
specialized secure detention beds, similar to the Hudson Correctional Facility model. We also suggest
the state allow the Finger Lakes Consortium to open a specialized secure detention facility and being to
keep the daily specialized secure detention census up to date in real time.
The time is now to deal with this escalating problem, if we desire to keep New York one of the safest
big states in the country.
We appreciate your time and attention to these matters of concern. Should you have any questions,
please contact Luci Welch at Luci.Welch@orleanscountyny.gov or Ryan Gregoire at
rgregoire@nysac.org.
Sincerely,
2
Hon. Marcus J. Molinaro
President
New York State County Executives’ Association
Luci Welch
President
New York State Council of Probation Administrators
The New York County Executives’ Association is an affiliate of the New York State Association of Counties.
3
COUNTY DATE OF ARREST AGE CRIME(S) GUN / WEAPON DETENTION STATUS ALTERNATIVE TO DETENTION
Albany Since 10/2018 Albany County has had 219 AO appear in YP, totaling 282 cases
57 AO's above who have appeared in YP, totaling 75 cases have been charged with gun/gun violence, murder, manslaughter, or serious sex offenses
Albany 7/21/2019 JO (2) Rape 1st, (2) criminal sex act Bail
Albany 4/8/2019 AO Crim Sex Act, Sex AB, Act injure Child ROR
Albany 7/22/2019 AO ATT. Murder, aslt 2, reckls end, crim use fire arm Gun
Broome 5/28/2020 AO Crim Poss of Firearm, Tampering w/phy evidence Gun ROR
Cattaraugus 7/21/2020 AO Crim Sex Act, Manacing 2, Crim Obst of Breath Detention and Jail
Cattaraugus 3/5/2021 AO Rape 1, Incest 1,Use child<17sex perf, Sex Abuse 2 Detention
Chataqua 04/13/20222 16 CPCS2, CPCS5, CPW2 Gun No Beds Available RUS to Probation
Chataqua 7/9/2021 15 Att Robbery 3, Menacing 3(2cts), Robbery 3 Gun No Beds Available Probation
Chataqua 4/13/2022 15 Crim Poss cont subs 7, Obstruct Gov Admin 2, Criminal Poss Weapon 2 Released w/ cond in YP and moved to FC
Chataqua 2/2/2022 12 Crim Poss weapon -school, Crim Poss weapon 2 Gun Inpatient psyc center
Chataqua 7/9/2021 16 Att Rob 3, Criminal Mischief 3 Gun/Assault None initially OCFS after several more crimes
Chemung 9/13/2020 AO Robb1(2CTS),Burglary 1(2CTS), Crim use of Firearm1 (2cts) Gun Hosp. for injuries
Chemung 1/11/2022 AO Att Rob1&2, Crim Poss Weapon2, Burg 1 Gun Detention
Clinton 10/11/2018 YO Murder2, Crim Neg Homicide, Crim Poss Weapon4 Knife Brief Detention(No beds) EM
Clinton Clinton County's Presentment agents are their DSS attorney's so very few petitions get filed in Clinton County.
Columbia 2/10/2021 CPW2-Loaded Firearm other than home or business Gun Detention
Cortland Reported 13 Felony RTA Cases the most serious being armed robbery and Att Murder(stabbing in throat)See below , one of the 2 cases remains in YPC
Cortland Of the other felony cases that were removed to family court, 6 Youth had a charge of one of the following: Rape1, Assault2, Sex Abuse1, Strangulation2, Sex Act1
Delaware 15 Obs Brath, Rape1, Unlaw IMP2, Sex Ab1,Agg Sex Ab3, End welf Child No beds available Custody of Parents
Delaware 17 Poss Sex Perform by Child, Sex Promote Sex Perf by a Child No beds available Custody of Parents
Dutchess Some of the most serious cases for Dutchess include 1 Manslaughter1, 15 CPW2, 5 Robbery1, 6Robbery 2, 1 Assault1, 6 Assault 2, 4 Gang Assault(see below for some examples
Dutchess 7/25/2019 16 Robbery2, Crim Obstruction of Breathing Gun Detention once available EM and warrant(Bed wasn't avail. Initially)
Erie Since they have a Detention facility in county they do not have issues placing youths in a facility
Greene 17 Reckless Endangerment1, CPW4 Gun Youth Part Transferred to Family Court
Greene 8/27/2021 AO Sex Offense 2, Criminal Sex Act 1 Youth Part Transferred to Family Court
Greene Criminal Sex Act 1st No Beds Available On Probation time of incident - EM After
Herkimer Finding Detention beds is next to impossible. Cases are addressed through DSS, there has been a plan in Herkimer County that they don't place kids, regardless of the
Jefferson 12/30/2020 16 Crim sales of Firearm2, Crim Poss Firearm Gun Detention
Livingston 2021 JD EWOC, Forcible Touching, Sex Abuse2 No Beds Available Released to Step Father
Madison 11/19/2021 17 Robb1, Grand Larceny4, Conspiracy4, Menacing3 Gun Released to Grandparent
Madison 11/6/2021 15 Grand Larceny4(2cts),Petit Larceny, Crim Poss Ass Weapon3 Gun Detention
Nassau 2022 AO Murder/Gang Related Gun Jail After interest of Justice Finding
Nassau 2022 AO Murder Gun Jail After interest of Justice Finding
Nassau 2022 AO Felony Murder, Robbery Jail After interest of Justice Finding
Nassau 2022 AO Att Robery Fake Gun Beds Not Available PTSA with EM
Niagara below two same youth- Detention Declined for readmission citing property damage following a fight and Rape of another resident (being investigated).
Niagara below two same youth- After being advised there were no beds available, the youth was released on EHM pending further proceedings
Niagara The below 3 are separate arrests for the same indivadual @ 18 he continued to incurre New charges and arrests
NYC NYC has Available beds for any young person that is remanded but w/ over 1800 cases only numbers were given on the below,not specifics
NYC Oct 2018-Dec 2018 15 Misd Sex 13,Felony sex offender 11 Misd 26, Felony 17
NYC Oct 2018-Dec 2019 16YO Misd Sex 4,Felony sex offender 1 Misd 16, Felony 9
NYC 2019 15 Misd Sex 73,Felony sex offender 105, Att Murder 2 Misd 61, Felony 63
NYC 2019 16YO Misd Sex 24,Felony sex offender 20,Att Murder 4 Misd 92, Felony 69
NYC 2019 17YO Misd Sex 2,Felony sex offender 2 Misd 11, Felony 11
NYC 2020 15 Misd Sex 30,Felony sex offender 59 Misd 22, Felony 94
NYC 2020 16YO Misd Sex 14,Felony sex offender 16, AttMurder 3 Misd 32, Felony 99
NYC 2020 17YO Misd Sex 8,Felony sex offender 6, Att Murder 2 Misd 35, Felony 140
NYC 2021 15 Misd Sex36,Felony sex offender 75, Att Murder 2,Mansl 1 Misd 34, Felony 120
NYC 2021 16YO Misd Sex 11,Felony sex offender 10, Att Murder 1 Misd 17, Felony 131
NYC 2021 17YO Misd Sex 16,Felony sex offender 12, Att Murder 6 Misd 1729, Felony 185
Oneida 3/25/2020 Att Robery2, Burglary3, Crim Misch, Menacing Gun COVID
Oneida The Below was also Charged in Florida as an Adult and received 6 years incarceration in Florida
Oneida 10/15/2020 JO Robbery1 (Multiple Arrests) Air soft Gun SP Secure/Bonded out
Oneida 6/21/2021 CPF, CPW2 Detention Transfer to Home State of Florida for pending charges
Oneida 3/17/2022 CPF, CPW 2 Gun NO Beds Available County ROR,later non secure then released to HA
Oneida 3/18/2022 Att Assault 1, CPW 4 Knife NO Beds Available House Arrest
Oneida 3/23/2022 CPW 2, Reckless End 1 Gun NO Beds Available House Arrest
Oneida 3/7/2022 Att Kidnapping 2, Robbery 1 OCFS on warrant for another Matter
Oswego 3/3/2021 Sex Abuse 1, End, Welfare of Child Referred to Family Court
Oswego Respondent damaged M device. Due to exhibiting serious behavioral problems, Court ordered secure placement, No beds could be located so Respondent was placed in Foster Care(see Below)
Oswego 4/5/2022 Sex Abuse 1, End Welfare of Child No Detention, He no longer has access to Victim
Oswego No detention beds could be located until OCFS got involved and helped secure a bed in Erie County (below)
4/6/2022 Crim Poss Weapon4, Grand Larceny4, Robbery1, End Welfare of ChildGun Detention
Oswego 5/25/2022 Crim Poss Weapon4, Hand Mad Gun No Detention Sought ROR
Oswego 6/3/2022 Making Terroristic Threat, End Welfare Child(3CTS) No Available Beds EM
Rensselaer "The lack of detention beds continues to be a real issue and we fear there will be an increased gun violence this summer"
Rensselaer Below 3 Same Youth Separate Arrests, Youth is being housed at SP Secure Detention and has been there for 1.5 years
Rensselaer Below 3 Same Youth Separate Arrests, The youth is being sentenced to 18 years . He has been housed in SP Secure Detention since arrests.
Youth was on Juvenile probation for gun charges prior to RTA arrests
Rensselaer 12/1/2022 Menacing, Robbery 1, Kidnapping Gun Brief Secure Detention released to EM
Rensselaer 6/29/2020 Assault1, Grand Larceny, Robbery1 Hammer SP Secure Then Probation
The above are just a few of Rensselaer most serious cases. SSD Does their best to accommodate , but there are just not enough beds. After hours especially seems difficult
Many borderline cases which the youth were in possesion of a firearm, but may not have displayed such, and those are removed after consideration.
Rensselaer Multiple youth charged as gang assault initially which were removed(Below)
They have gotten in the habit of utilizing EM extensively due to lack of beds in detention
Rockland 6/22/2020 Crim Neg Hom, End Welfare child, reck driv, illegal speed Vehicle RUS
Rockland 2/9/2021 Gang Assault,Assault w/int to cause inj w/ weap,Menacing w/ weap Fake Gun RUS
Rockland 1/29/2022 Rape1, Crim Sex Act1, Sex Abuse1 Non Secure
Rockland 4/15/2022 Att Murder, Gang Assault, CPW4 Knife/Vehicle Detention Bail/RUS
Rockland 4/15/2022 Att Murder, Gang Assault, CPW5 Knife/Vehicle Detention Bail/RUS
Rockland 4/15/2022 Att Murder, Gang Assault, CPW6 Knife/Vehicle Detention Bail/RUS
Rockland 4/15/2022 Att Murder, Gang Assault, CPW7 Knife/Vehicle Detention Bail/RUS
Rockland 7/30/2020 Sexual Misconduct Adjustment Services
Rockland 11/24/20-02/27/21 Sealed_ Had knowledge of criminal enterprise that participated in crim activity, specifically sale of illegal firearms
Rockland 2/9/2022 CPW2 loaded, CPW3 Ammo Feed Device Gun Detention
Saratoga No issues in Saratoga getting Detention Beds-They have few cases that require and if they need a Detention Bed they are on the board of Capital District Secure Detention
Schenectady Schenectady has had continuous issues with detention and lack of bed availability. When we reach out to facilities through the state we have had limited success.
Schoharie Initially Documentation is required from OCFS directing the detention of any AO.
Rockland and Onondaga County are the only approved facility for housing AO's, they must be contacted 1st to determine if beds are available.
St Lawrence Jthe Juvenile Supervisor has reported the probation department has not had an issue, however the DSS caseworkers have struggled.
Seneca They have had issues finding beds, but not for gun/weapons charge cases.
Ulster we have experienced issues the few times we needed beds. Below are a few instances.
Ulster 3/1/2022 15 Robb1:Forc Theft w/ deadly Weapon, Menacing2,Petit Larc. No Beds Available PTR/GPS-EM
Ulster 9/6/2019 <16 Unlaw Poss of Weapon less 16 BB Gun No placement/Detention Supervised ACD
Ulster 5/24/2019 Sex Abuse1: Sex Contact w/ ind <11 No placement/Detention Transferred to other County
Ulster 11/24/2020 Use of a child in sec performance <17, Crim Sex Act1 No placement/Detention Transferred to other County
Ulster 10/27/2020 Intercourse w/ person Incapable of consent-Mentally Disabled No placement/Detention YP removed to FC charges dismissed
Ulster 11/16/2021 Criminal Poss FirearmCrim Poss Weapon2, CPSP4 No placement/Detention Removed from YP
Ulster 4/30/2021 Crim Sex Act1: Forcible Compulsion No placement/Detention Transfer to other County
Ulster 4/21/2021 Sex Abuse1: Sex Contact w/ person <11 No placement/Detention Transferred out of State
Ulster 6/16/2021 Grand Lar 4: Firearms,Crim Mischief3,CPW4 Burg2 Gun Placement out of State for another crime Rremoved from YP
Ulster 11/29/2020 Rape3 No placement/Detention
The above Defendant was charged w/ a new offense, at which time bail was set on the new offense. In February 2022 the defendant's PTR was revoked.
Ulster 11/16/2021 Criminal Poss FirearmCrim Poss Weapon2, CPSP5 No placement/Detention Removed from YP
Ulster 11/16/2021 Criminal Poss FirearmCrim Poss Weapon2, CPSP6 No placement/Detention Removed from YP
All the below charges are for one defendant, The respondent reached the age of 18. The court agreed if he was compliant w/ all PTRthen the case would be sent to family
Wayne The below 3 were the same incident(Home Invasion)The 2 PTR were originally in the hosp. for injuries. Judge opted for PTR and physical appearance in court because of
Westchester In Westchester County they have had at least a dozen times a bed could not be located. They have been over capacity at times w/a state waiver.
Wyoming 2019-2021 Sex Abuse1:Contact by forcible Compulsion, Rape1 went to live w/Grandmother:VoluntaryServices YP
Yates To Date, Yates County has not had a youth who has commited an offense involving any typ of gun, gun violence, murder, manslaughter, homicide or serious se offense