PRESS RELEASE
Governor Andrew M. Cuomo Tuesday announced that the second phase of the Raise the Age law is in effect, creating a fairer and more equitable justice system by removing 17-year-olds who have committed criminal acts from automatically proceeding as adults in the criminal justice system. The change was effective midnight on October 1. Those youth will now be treated in age- and developmentally-appropriate ways and will receive needed services and treatment to avoid re-offending. The first phase of Raise the Age, implemented one year ago, similarly removed 16-year-olds from the adult criminal justice system. Raise the Age provides opportunities for diversion and community-based services for 16- and 17-year-old youth who can safely remain in their communities.
"Raise the Age is now fully implemented, righting the injustice of treating teenagers as adults and successfully meeting our youth justice policy objectives," Governor Cuomo said. "By fully implementing the second phase of Raise the Age, 16-year-old and now 17-year-old youth are required to receive the evidence-based services and treatment they need to prevent them from re-offending and to prepare those returning to the community to be successful and productive citizens."
"We raised the age of criminal responsibility to remove 16- and 17-year-olds from the adult criminal justice system and place them in settings with proper services and treatment," said Lieutenant Governor Kathy Hochul. "We are proud to champion this cause of ending the injustice of treating teenagers as adults. The second phase of the law will now include 17-year-olds to extend justice and fairness to those who are held before trial simply because they cannot make bail. We will continue to fight to ensure that all New Yorkers in all communities are given equal opportunities to live their lives to the fullest."
When the court orders pre-trial or pre-sentencing detention, youth are now housed in one of seven secure or six specialized secure detention facilities statewide instead of in adult jails. Youth sentenced to less than one year may also be placed in specialized secure detention.
Two Department of Corrections and Community Supervision (DOCCS) facilities have been adapted to house 16- and 17-year-old adolescent offenders with sentences longer than one year. The facilities provide services and programming specially designed for adolescent offenders.
Raise the Age also provides for former justice-involved individuals to have their records sealed if they have remained conviction-free for 10 years. Since this provision took effect in October of 2017, 1,013 individuals have successfully petitioned the courts to have their cases sealed, thus removing barriers to employment, housing and other opportunities. This provision does not apply to individuals sentenced for violent felony offenses, class A felonies, sex offenses or those with sex offender status.
The success of the first phase of the Raise the Age implementation would not have been possible without the work of a multi-agency team including the Office of Children and Family Services, Division of Criminal Justice Services, State Commission of Correction, DOCCS and the Division of the Budget. The team also worked closely with the Unified Court System and local stakeholders. OCFS partnered with the State Education Department to develop educational plans for youth in detention and placement. The multi-agency group will continue to do so for this second phase of implementation, working with localities to help them comply with the law, providing technical assistance, guidance and support throughout the state for county and local governments.
