Cuomo pushes to ‘Raise the Age’

N.Y. is one of two states that charges 16- and 17-year-olds as adults

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New York is one of two states in the country that automatically processes, prosecutes and incarcerates 16- and 17-year olds — regardless of the offense — as adults, a measure that Gov. Andrew Cuomo, backed by a large number of advocacy groups, is pushing to change.

Advocacy groups cite the undeveloped brains, high suicide rates and increased likelihood of recidivism of 16- and 17-year-olds charged as adults, as well as the disproportionate incarceration of minority youths, as the primary reasons for reform.

In his 2014 State of the State address, Cuomo made his stance on the issue clear. “Our juvenile justice laws are outdated,” he said. “It’s not right. It’s not fair. We must raise the age.”

Three months later, he formed the Commission on Youth, Public Safety & Justice to develop an actionable plan to not only reform the minimum age of criminal responsibility, but New York’s entire criminal and juvenile justice system.

The 16-member commission of legal, criminal justice and social services professionals made several recommendations in its report issued at year’s end, highlighted by its urging to raise the age of juvenile jurisdiction to 18, meaning individuals younger than 18 would be treated by the justice system as minors, not adults, with the exception of serious crimes.

North Carolina is the other state that charges 16- and 17-year-olds as adults. According to the commission’s report, 40 states provide juvenile jurisdiction for youth up to 18 and eight states draw the line of juvenile jurisdiction at 17.

The commission made several other recommendations regarding the pre-trial diversion, court processing, incarceration and rehabilitative services for 16- and 17-year old offenders of both non-violent and violent crimes, aimed at keeping them out of adult prison facilities so they are not exposed to the greater prison population.

According to a spokesman for Cuomo, Frank Sobrino, legislation to reform New York’s juvenile justice system is attached to his 2015-16 executive budget proposal, which is still being negotiated by state lawmakers.

The legislation is backed strongly by Raise the Age NY, a coalition of advocacy groups that have supported such reforms for years.

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