Relates to motions to remove juvenile offenders to family court

Justification

New York is one of only two states (New York and North Carolina) to mandate that all youth aged sixteen and seventeen, charged with any offense, be prosecuted and sentenced in adult criminal court. While many other states have reconsidered this issue in light of new evidence on child development and cognitive thinking (including North Carolina which has taken steps to begin the process of reform), New York's very young age of adult responsibility has remained unchanged for decades. Additionally, youth as young as thirteen or fourteen in some cases are tried in the adult criminal court system under New York's "Juvenile Offender" law.

Several studies have shown that treating minors as adults in the criminal justice system is often counter-productive in rehabilitating the youth and ineffective in preventing future criminal acts. Research has shown that children's brains do not fully develop until after the age of eighteen, and youths who engage in criminal conduct often do not have the same level of understanding of their actions as adults.

In 2005, the United States Supreme Court ruled that states may not impose the death penalty for crimes committed by persons under the age of eighteen, citing evidence that minors are less mentally culpable for their actions than adults and further, that minors have a greater chance of rehabilitation. Additionally, studies have shown that the penalties and longer sentences often imposed by adult criminal courts do not reduce the recidivism rate of youth who commit crimes, compared to similarly situated youth who are adjudicated in a juvenile court system. The services and alternative to detention programs available in Family Court can help meet the specific needs of each youth, including treatment for mental health and substance abuse, often at lower cost.

There are significant and sometimes lifelong implications for young people adjudicated in the criminal court system, which extend into the areas of education and employment, including earning potential. Only about one-third of young adults returning from prison in New York return to school, and studies have shown that those who do not have a high school diploma are more likely to be unemployed and more likely to be recipients of public assistance. Further, the ability to obtain and keep employment can be difficult for those with criminal records. Additionally, studies have shown that youth who were adjudicated in the criminal court system see a much lower earning potential than youth who were adjudicated in the juvenile court system. In addition to potentially improving the lives and future of New York's troubled youth, the state could also realize real cost savings in treating many of those under the age of eighteen as juveniles as opposed to treating all persons sixteen and older as adults. Many states that have shifted younger persons out of criminal court and into the juvenile or family court system have seen tremendous savings due in part to the lower cost of community-based alternatives, as well as the reduced recidivism rate of these youth. Of course, fewer victims in the future also means a safer society, and less spending on victim services.

New York should adjust this aspect of its juvenile justice system to reflect the better understanding we now have of youth accused of crimes. We now know the potential that some of these youths have for redemption and the possibility to become productive members of society.

This bill preserves the jurisdiction of the adult courts to try persons 13, 14, 15, 16 or 17 years old for "juvenile offender" crimes. But for less serious crimes, and for "JO" crimes that can best be handled in Family Court or in the newly created youth part, this bill brings about a necessary reform.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.