Community Accountability Board

The Community Accountability Board (CAB) is a community based alternative sentencing program for non-violent first-time, offenders of quality of life crimes. In CAB proceedings, instead of going to City Court, offenders report to a group of local community leaders and they negotiate an appropriate sentence for the offense. There are many benefits to a CAB proceeding. First the offender is more likely to buy into the sentence since he/she actively participates in its negotiation. This stands in stark contrast to typical City Court proceeding where the fate of the defendant is negotiated by the prosecutor, the public defender and the Judge with little or no participation on the part of the defendant. Additionally, the defendant, very often is required to participate in community service and make some sort of academic achievement as part of his sentence. The goal of a CAB proceeding is a healing between the community and the violator and the strengthening of the violator to minimize the risk of recidivism. The following information summarizes the operation of the Community Accountability Boards:

Statement of Purpose: The Community Accountability Board (Board) shall provide the Justice and City Courts with a sentencing option for offenders charged with quality of life offenses. The Board shall provide victims, the community and offenders with a reparative experience without expending correctional resources that can be used more effectively for serious criminal offenders. The Board will provide a service delivery system for the community and a system for community involvement in criminal justice decision making.

The Board will provide an alternative to traditional criminal justice responses to offenses and focus on repairing damage to victims of crime, work toward reweaving the fabric of our community and promote resource leveraging. The Board shall provide the opportunity for offenders to complete specific activities designed to restore victims and repair our community, while simultaneously enabling offenders to learn about the impact of their offenses and ways to avoid re-offending.

The Board is comprised of citizen volunteers and shall engage in the following:

1) Meaningful dialogue with offenders, victims, and members of the community;
2) Lead the discussion about the activities that brought an offender to the Board and repairing damage to victims and reweaving the fabric of our community;
3) Develop a Reparative Accountability Agreement with Offenders;
4) Provide recommendations and information to all parties engaged in the process; and
5) Report to the Coordinator.

Offender Eligibility: In order to appear before the Board, an offender must be charged or convicted of a non-violent quality of life offense. The offender must reside in or have committed the offense within the court’s jurisdiction.

Referral: Upon offenders having applied and met the eligibility requirements and with the consent of courts, prosecutors, and defense counsel, offenders may be referred to the Board during an adjournment of any court proceeding, including adjournments for Probation pre-sentence investigation or as a conditional discharge of a resolved court proceeding.

The Albany County District Attorney’s Community Prosecution Coordinator (Coordinator) may make referrals in the pre-sentence investigation phase of the sentencing process and, if Probation deems appropriate, a proposed Probation Order shall contain a condition mandating offenders to appear before the Board.

Court Procedure: Board referral forms will be provided by the Coordinator to all Justice and City Courts. Completed referral forms shall be forwarded by the local prosecutor to the Coordinator to ensure the offenders will undergo the intake protocols with the Coordinator and be placed on the Board calendar.

Reparative Accountability Agreement contracts between an offender and the Board shall provide as follows:
1) Accountability to Victims. Offenders are expected to make restitution if applicable, and may participate in victim/offender dialogue, if appropriate.
2) Accountability to the Community. The offender is to complete community service, preferably a work service that is related to and in the location of the offenses.
3) Learn about the impact of their activities on victims and the community. Offenders will meet with and participate in discussion with the Board and, where appropriate, victims and victim representatives.
4) Learn ways to avoid re-offending. Offenders will undertake educational programs designed to develop knowledge, skills, and techniques to help avoid re-offending.

The terms of the Agreement shall be complied within ninety (90) days from the offender’s meeting with the Board and remain in effect for one year after conditions of the reparative agreement have been met.

Return to Court: In adjourned court proceedings, Agreements or requests for further adjournments shall be provided to the court by the day before the court date with comments or recommendations by the Coordinator. If no agreement can be reached between an offender and the Board, the Coordinator shall report to the court by the day before the adjourned date or, in resolved proceedings with a conditional discharge, the Coordinator shall make such report as soon as practical. In either adjourned court proceedings where an offender has violated the Reparative Accountability Agreement or resolved court proceedings where an offender has violated a conditional discharge, the Coordinator shall make such report as soon as practical. Join the CAB by filling out and sending in this application form located here.