Each year, more than 10,000 teens aged 15 and younger are arrested by police. They begin their journey into the criminal justice system with a visit to an intake officer at the Department of Probation. Increasingly, the trip stops there. In a remarkable turnaround, the probation department has become an off-ramp for thousands of teens each year, diverting them away from court and into short-term community programs.
The number of teens aged 15 and under whose cases have been “adjusted” and closed by the probation department increased 47 percent between 2009 and last year, and has more than doubled since 2006. In 2011, 4,564 teens under age 16 arrested in New York City—38 percent of the total—had their cases closed through adjustment, up from 3,107 two years earlier.
Today, the city funds nearly 30 community-based adjustment programs, serving just over 800 young people as of June. The terms of an adjustment can include restitution for victims and the completion of one of these special programs, which involve community service or other projects. Adjustment periods typically last 60 days, though they can be extended to four months with a judge’s approval. If a young person meets the terms, he or she walks away from the case with no need to go deeper into the justice system. And that’s exactly the point: Especially for low-level offenders, explains Deputy Commissioner of Probation Ana Bermudez, involvement with the justice system often does more harm than good. “There is significant research that youth outcomes actually deteriorate with court processing, particularly when you’re looking at low-risk youth,” she says. “You interfere with those supports that were making them low-risk in the first place.”