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Q&A

Farías asks about ACS detention lists and long pending cases

New York City Council · Oct 27, 2026 · starts 0:46:06 · 4 min 38 sec

Farías asks whether the DA's office experiences difficulty getting names of youth held in detention from ACS. Clark says they know their own case names but not whether youth remain detained; she recalls the COVID-era effort when the city provided lists for release review.

Amanda C. Farías

Prosecutors have reported difficulty getting the names of young people held in detention from ACS.

Amanda C. Farías

Information needed to identify and prioritize long pending cases.

Amanda C. Farías

Has your office experienced this?

Amanda C. Farías

And what information do you currently receive from ACS?

Amanda C. Farías

And what do you need?

Darcel D. Clark

Look, we know the names of the kids.

Darcel D. Clark

I mean, we know what cases we're carrying.

Darcel D. Clark

The thing is, I don't know if they're still in detention.

Darcel D. Clark

And we won't know that because the court dates vary.

Darcel D. Clark

Some are long-term, some are short-term.

Darcel D. Clark

We don't necessarily know.

Darcel D. Clark

We have to keep in touch with the defense attorney.

Darcel D. Clark

Look, they have a heavy caseload just like we do.

Darcel D. Clark

So things get caught up in between.

Darcel D. Clark

If we, like for Rikers, during COVID, you talked about how we did it.

Darcel D. Clark

This is how we did it.

Darcel D. Clark

The city came to us and said, these are the people that are here.

Darcel D. Clark

Can you look at these cases and tell us whether or not you would agree to them being released?

Darcel D. Clark

And we did it.

Darcel D. Clark

That's what we did.

Darcel D. Clark

We looked at those cases.

Darcel D. Clark

We looked at the circumstance.

Darcel D. Clark

Now, we didn't agree on all of them.

Darcel D. Clark

Some of them were able to be released.

Darcel D. Clark

Some of them were not.

Darcel D. Clark

But at least we knew what to look at.

Darcel D. Clark

Like, you want me to look at all my cases?

Darcel D. Clark

I have a lot of cases.

Darcel D. Clark

But if we want to prioritize this, if we really want to reduce the population, then we need to work together.

Darcel D. Clark

Tell me who you want me to consider.

Darcel D. Clark

And I will look at it, and we can move forward from there.

Darcel D. Clark

But without it, I can't do it.

Marcel Edouard

Because what happens is, you know, when we get the case, we immediately, when a person is detained, we have to consider whether we're going to be presenting that case before a grand jury.

Marcel Edouard

We have 144, let's say 120 to 144 hours to do that, okay?

Marcel Edouard

So at that point, when we're making that decision with respect to whether we're going to present a case,

Marcel Edouard

case in the grand jury, we want to know who this person is.

Marcel Edouard

We want to know at that point what's going on with that person.

Marcel Edouard

But after we indict the case, if we indict it, if the grand jury decides that an indictment is appropriate and we present the case to court, we come into court shortly after, you know, maybe a day or so after we do a six-day appearance in front of the youth part judge.

Marcel Edouard

Where we discuss whether that case should be retained in part or not.

Marcel Edouard

Because even if the case is indicted, it could still go to family court.

Marcel Edouard

But we then argue in front of the court, this case should be retained in the part.

Marcel Edouard

Because this is a serious offense.

Marcel Edouard

This is not something that should be going to family court.

Marcel Edouard

But at that point, we start talking to defense and saying to defense, look, we need information from you because we need to understand what's going on with the child.

Marcel Edouard

We also try to reach out to other partners to try to understand, is the child...

Marcel Edouard

If the child is still detained, what's going on in the detention center and what's going to happen going forward in the detention center.

Marcel Edouard

Because at the end of the day, if the child has needs and we find out that the child has a mental issue or substance use disorder or has trauma

Marcel Edouard

in the family, situations that have happened in that child's life that require attention, we offer that not only to the court but to defense counsel, to anyone who will hear so that they can help that child out while that child is in detention.

Marcel Edouard

Meanwhile, we're trying to converse with defense attorney to try to get a disposition on the cases as early as possible, but oftentimes we get nowhere with defense.

Marcel Edouard

We have no information, additional information to help us.

Marcel Edouard

understand what to do with respect to the case and we basically just have an indictment or an indicted case in front of the court, at which point the court asks us, what are we doing with the case?

Marcel Edouard

And at that point, we can't do it by ourselves.

Marcel Edouard

We need defense, we need everybody to help so that we can reach these types of dispositions.

Darcel D. Clark

And I just want to add one thing.

Darcel D. Clark

The reason why I built the Youth Justice Bureau is because that we were backed up with cases.

Darcel D. Clark

There wasn't the proper amount of attention that needed to be taken for the case.

Darcel D. Clark

And I have to own some of that as well because of all of the responsibilities of my assistants.

Darcel D. Clark

So I said, let me build a team who are focused on this population that understand what the needs are and how important it is to move these things forward.

Darcel D. Clark

So what I'm dealing with right now is the backlog that I had.

Darcel D. Clark

So some of them have been in there a long time and didn't get the attention that it needed up front.

Darcel D. Clark

So I'm dealing with that.

Darcel D. Clark

But as the case is coming in, we're doing it a lot quicker because we know how we need to approach it.

Darcel D. Clark

So it's a combination of both.

Althea V. Stevens

Yeah, I have a number of council members who have questions for the DA, so we're actually going to have to move on.

Althea V. Stevens

I'm sorry about that.

Althea V. Stevens

So thank you.

Althea V. Stevens

We have Councilmember Hanif, then we have Ressler, and then Sanchez.

Althea V. Stevens

And Councilmember Sanchez and Brewer have joined us.