Tompkins County
New York

Resolution
2018-78

Resolution to Authorize the County Administrator to Execute the Memorandum of Understanding to Participate in the “Raise the Age” Compliance Coalition

Information

Department:County AdministrationSponsors:
Category:Public SafetyFunctions:Alternatives-To-Incarceration, Jail

Resolution/Document Body

WHEREAS, on April 10, 2017, Governor Cuomo signed into law “Raise the Age” legislation that was included as part of the State Budget, and

 

WHEREAS, the vast majority of cases of 16- and 17-year-olds charged with criminal offenses will ultimately be heard in the Family Court, either originating there or being transferred there from a new Youth Part of the adult criminal court/superior court, and

 

WHEREAS, under “Raise the Age,” no 16- or 17-year-old will be sentenced to or detained in a facility with adults; youth whose cases are heard in Family Court will be detained or placed in New York State Office of Children and Family Services (OCFS)-operated, OCFS-licensed, or Administration for Children’s Services (ACS) facilities (including Close to Home), as Juvenile Delinquents currently are; while Adolescent Offenders who are detained pre-trial will be held in a specialized secure juvenile detention center for older youth, which will be certified and regulated by OCFS in conjunction with the State Commission of Correction, and

 

WHEREAS, these “Raise the Age” detention provisions will create challenges for the counties of New York State, in attempting to comply with the edicts of same, and

 

WHEREAS, the Municipalities, which include the Counties of Allegany, Chemung, Cortland, Livingston, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins, and Yates, share a common interest in developing “Raise the Age” Compliance resources, procedures and protocols, and

 

WHEREAS, the Municipalities are acting in accordance with section 119-o of the New York State General Municipal Law, to cooperatively create a “Raise the Age” Compliance Coalition for the purpose of fulfilling their respective public purposes, needs, objectives and programs related to compliance with the detention mandates created by the “Raise the Age” legislation, and

 

WHEREAS, it is the intention of participating Municipalities to work collaboratively to develop a scope of work to retain expert professional consulting services and identification of proposed contract deliverables, fees, and expenses for the municipalities related to compliance with the detention mandates created by the “Raise the Age” legislation, and

 

WHEREAS, there are no fixed fees for participation, however, participating Municipalities shall, to the extent deemed necessary by any such municipality, contribute appropriate in-kind services or their own out of pocket expenses necessary to effectuate the negotiation of a resulting proposed consulting agreement and in connection therewith, the parties have drafted a Memorandum of Understanding to describe the process for working collaboratively, now therefore be it

 

RESOLVED, on recommendation of the Public Safety Committee, That the County participate in the “Raise the Age” Compliance Coalition in collaboration with surrounding Counties and community representatives,

 

RESOLVED, further, That the County Administrator is hereby authorized to execute the Memorandum of Understanding dated April 2018 and to participate in this collaborative initiative.

SEQR ACTION: TYPEII-20

 

Meeting History

Apr 4, 2018 3:00 PM  Public Safety Committee Regular Meeting
draft Draft
RESULT:RECOMMENDED [UNANIMOUS]
MOVER:Shawna Black, Member
SECONDER:Anna Kelles, Member
AYES:Henry Granison, Anna Kelles, David McKenna, Shawna Black
EXCUSED:Rich John
Apr 17, 2018 5:30 PM Media Tompkins County Legislature Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Rich John, Member
SECONDER:Henry Granison, Member
AYES:Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn McBean-Clairborne, David McKenna, Martha Robertson, Michael Sigler
EXCUSED:Glenn Morey