In re Quinton A.

402 N.E.2d 126, 49 N.Y.2d 328, 425 N.Y.S.2d 788, 1980 N.Y. LEXIS 2077
CourtNew York Court of Appeals
DecidedFebruary 20, 1980
StatusPublished
Cited by45 cases

This text of 402 N.E.2d 126 (In re Quinton A.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Quinton A., 402 N.E.2d 126, 49 N.Y.2d 328, 425 N.Y.S.2d 788, 1980 N.Y. LEXIS 2077 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Chief Judge Cooke.

We hold that subdivision 2-a of section 753-a of the Family Court Act, which provides for mandatory restrictive placement of the State’s most violent juvenile offenders, is constitutional. However, an error in the fact-finding stage of this proceeding mandates reversal of appellant’s juvenile delinquency adjudication.

The statute under attack here provides that, where a youth between 14 and 15 years of age is found to have committed a designated felony act involving the infliction of serious physical injury upon a person who is 62 years of age or more, the Family Court is required to order restrictive placement of the juvenile in a secure facility operated by the Division for Youth [333]*333(Family Ct Act, § 753-a, subd 2-a). After a fact-finding hearing, appellant was found to have committed acts which, if committed by an adult, would have constituted the crimes of robbery in the first degree (Penal Law, § 160.15) and burglary in the second degree (Penal Law, § 140.25), both designated felony acts (Family Ct Act, § 712, subd [h]). Since appellant was found to have caused serious physical injury (Penal Law, § 10.00, subd 10) to a 73-year-old woman, at the subsequent dispositional hearing Family Court was obliged to order a restrictive placement (Family Ct Act, § 753-a, subd 2-a). On this appeal, appellant maintains that the mandatory nature of his restrictive placement denied him due process and equal protection of law.

Before addressing the constitutional challenge, the relevant statutory scheme should be outlined. Alarmed at what was perceived to be a dramatic increase in crime by seemingly remorseless juveniles, and in an attempt to deal more effectively with these juveniles without surrendering them to the criminal justice system, the Legislature enacted the Juvenile Justice Reform Act of 1976 (L 1976, ch 878). The purpose of the juvenile justice system was redefined to direct the courts to consider "the needs and best interests of the [juvenile] as well as the need for protection of the community” (Family Ct Act, § 711; see People ex rel. Wayburn v Schupf, 39 NY2d 682, 687). The act accommodates the needs of the juvenile and society at large by affording the offender intensive rehabilitative treatment, albeit in a setting removed from his previous environment (see, generally, Gottfried, Barsky & Baron, Juvenile Crime: Report of Recommendations and Summary of Findings, NYS Assembly Comm on Child Care [1976]).

Perhaps the most significant change made by the Juvenile Justice Reform Act is availability of restrictive placements for those juveniles found to have committed a designated felony act. In most cases, restrictive placement is ordered where the court, after a dispositional hearing, finds that the juvenile requires such placement (Family Ct Act, § 753, subd 1; § 753-a, subd 2). But where a juvenile is found to have committed a designated felony act which causes serious physical injury to a person 62 years of age or older, the court must restrictively place the juvenile without regard to the availability of other alternatives for treatment (id., § 753-a, subd 2-a). The majority of restrictive placements are composed of three distinct phases during which the juvenile is afforded rehabilitative and thera[334]*334peutic treatment: an initial period of six months to one year in a "secure facility” (Executive Law, § 515-a), followed by a second phase of the same duration in a residential facility and concluding with "intensive supervision” until expiration of the three-year placement period. During the placement period, the juvenile may not be discharged from the custody of the Division for Youth, but placement may be extended, after a hearing, until the juvenile reaches 21 years of age (Family Ct Act, § 753-a, subd 4; for a more detailed analysis of the Juvenile Justice Reform Act of 1976 see 45 Fordham L Rev 408).

Appellant maintains that the mandatory aspect of subdivision 2-a of section 753-a transgresses both his procedural and substantive rights. This argument proceeds on the premise that during the adjudicatory stage of a juvenile proceeding the juvenile surrenders some of the basic rights which are available in the criminal justice system. Notable among these are the right to trial by jury (McKeiver v Pennsylvania, 403 US 528), bail (People ex rel. Wayburn v Schupf, supra) and indictment (see Matter of Vega v Bell, 47 NY2d 543). This relinquishment, appellant maintains, imposes a correlative duty on the State to furnish treatment in the least restrictive setting appropriate to the juvenile’s individualized needs as well as the needs of the community. The statute, however, renders the presentation of evidence at the dispositional hearing an empty ritual except for the limited purpose of determining the initial duration of secure confinement. This loss of liberty with no evidence that the restrictive placement was necessary for community safety or appropriate for his needs constitutes, according to appellant, a deprivation of due process.

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Bluebook (online)
402 N.E.2d 126, 49 N.Y.2d 328, 425 N.Y.S.2d 788, 1980 N.Y. LEXIS 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-quinton-a-ny-1980.