The legislature voted unanimously to authorize Chair Dennis
Fagan to sign an Intermunicipal Cooperation Agreement between the counties to
create a not-for-profit local development corporation. That corporation if formed, would develop
and operate a joint detention facility pursuant to the “Raise the Age” law,
eliminating the need for the county to create and operate its own facility.
Under “Raise the Age,” effective October 1, rather than be
tried in criminal court, sixteen-year-olds charged with most crimes will have
their cases heard in Family Court. In
addition, they can no longer be held in local jails. The law will expand to seventeen-year-olds
on October 1, 2019.
According to Schuyler County Attorney Steven Getman, who
acts as the Family Court prosecutor, youth who are charged with misdemeanors
(other than traffic offenses) and most felonies will have their cases heard in
Family Court, except in “extraordinary circumstances.” Cases involving sex
offenses, defendants who display a weapon while committing a crime or cause a
significant physical injury can still be tried in criminal court, Getman said.
“The teenagers who have their cases heard in Family Court,
will have their sentences capped at 18 months in a juvenile detention
facility,” Getman noted. “They also will
no longer be held in jails, regardless of the seriousness of the charges
against them.”
According to Schuyler County Administrator Tim O’Hearn,
although the state certifies and regulates detention facilities, the state does
not develop or administer the facilities, leaving that to the counties.
“This group of counties is working with a consultant to
determine how to best meet the detention mandate by pooling our resources and
needs,” O’Hearn explained. “It is our
hope that this plan will allow Schuyler County to once again lessen the burden
of state government through intermunicipal cooperation.”
O’Hearn added that the consortium should operate at no cost
to the county because the state has promised reimbursement for all costs
related to probation, youth detention and alternatives to detention, and
allocated $100 million for “Raise the Age” in the 2018-19 budget.
Other counties who have joined—or are looking to join—the
consortium are Allegany, Chemung, Cortland, Livingston, Cattaraugus, Wayne,
Steuben, Tioga, Tompkins and Yates. The
counties have already contracted with John Treahy, of Treahy and Associates
Consultation Services, an organization experienced in juvenile justice and
child welfare issues, job coaching and staff training.
In addition to O’Hearn and Getman, Schuyler County officials
working to comply with “Raise the Age” include District Attorney Joe Fazzary
(whose office will continue to prosecute adult offenders), Social Services
Commissioner JoAnn Fratarcangelo, Sheriff William Yessman and Probation
Director Chris Rosno.
The “Raise the Age” law is intended as a shift from
punishing to rehabilitating teens charged with crimes. While in custody, the suspects will be
eligible for a variety of case services and programs to divert them from
offending again and give them access to treatment for addiction or other
problems.
The “Raise the Age NY Campaign” believes the law will be
more effective in preventing re-offenses. They cite a U.S. Center for Disease
Control study that found youth who are tried in the adult criminal justice
system are 34 percent more likely to commit future crimes than those who remain
in the youth justice system.
