What's happening
This bill moves most criminal cases involving 16- and 17-year-olds into New York’s juvenile justice system.
Why it matters
Statewide court changes. Raises the general age of criminal responsibility from 16 to 18 and creates specialized youth court parts in every county. Specified serious crimes remain eligible for criminal prosecution.
Detention and diversion. Bars county jails from holding anyone under 18 and limits detention and placement for certain low-risk youths. Probation services would generally have to attempt to resolve juvenile cases without filing a petition, subject to exceptions.
Services and record relief. Requires family support centers statewide, with 100% state reimbursement of district expenditures after federal funding. Also expands youthful offender eligibility to people under 21 and allows conditional sealing of specified convictions.
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Who cares
16- and 17-year-olds facing charges
Most would receive juvenile proceedings rather than ordinary criminal prosecution, while specified serious offenses would follow specialized youth court procedures.
Courts and probation departments
They would handle expanded juvenile jurisdiction, specialized youth court proceedings, risk assessments and service referrals.
County jails and the Office of Children and Family Services
The bill would prohibit county jail confinement for people under 18 and give the office responsibility for determining their placement.
Local social services districts
They would establish family support centers and receive full state reimbursement, excluding federal funds, for specified services.
Headline styles
Expand Juvenile Justice to 18
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Juvenile Prosecution Age
Assembly Floor Calendar · Sponsor Joseph Lentol
Full text
83 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4157
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
Introduced by Sens. MONTGOMERY, BRESLIN, COMRIE, DILAN, HAMILTON, KRUEG- ER, PARKER, PERALTA, PERKINS, RIVERA, SANDERS, SERRANO, SQUADRON -read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts… Show allHide
AN ACT to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expenditures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend chapter 3 of the laws of
1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in… Show allHide
1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offender without a warrant; in relation to conditional sealing of certain convictions; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indictments; in relation to appearances and hearings for and placements of certain juvenile offenders; in relation to raising the age for juvenile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; to amend the correction law, in relation to requiring that no county jail be used for the confinement of persons under the age of eighteen; to amend the education law, in relation to certain contracts with the office of children and family services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need [ ] is old law to be omitted.
S. 4157 2 of supervision or youthful offenders; and to amend the vehicle and traffic law, in relation to convictions; and in relation to suspension, revocation and reissuance of licenses and registrations; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (vi) of subdivision (a) of section 115 of the family court act, as amended by chapter 222 of the laws of 1994, is amended to read as follows:
(vi) proceedings concerning juvenile delinquency as set forth in article three of this act that are commenced in family court.
§ 2. Subdivision (e) of section 115 of the family court act, as added by chapter 222 of the laws of 1994, is amended to read as follows:
(e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act and has concurrent jurisdiction with the youth part of a superior court over any juvenile delinquency proceeding resulting from the removal of the case to the family court pursuant to article seven hundred twentyfive of the criminal procedure law.
§ 3. Subdivision (b) of section 117 of the family court act, as amended by chapter 7 of the laws of 2007, is amended to read as follows:
(b) For every juvenile delinquency proceeding under article three of this act involving an allegation of an act committed by a person which, if done by an adult, would [be a crime (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in the second degree), but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree); or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law
S. 4157 3
committed by a person fourteen or fifteen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in clause (i), (ii) or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; or (vi) other than a misdemeanor, committed by a person at least seven but less than sixteen years of age, but only where there has been two prior findings by the court that such person has committed a prior act which, if committed by an adult would be a felony] constitute a designated felony act as defined in subdivision eight of section 301.2 of such article:
(i) There is hereby established in the family court in the city of New York at least one "designated felony act part." Such part or parts shall be held separate from all other proceedings of the court, and shall have jurisdiction over all proceedings involving such an allegation that are not referred to the youth part of a superior court. All such proceedings shall be originated in or be transferred to this part from other parts as they are made known to the court.
(ii) Outside the city of New York, all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court, except proceedings under article ten of this act.
§ 4. Subdivision 1 of section 301.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
1. "Juvenile delinquent" means a person [over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law]:
(a) who is:
(i) ten or eleven years of age who committed an act that would constitute a crime as defined in section 125.25 (murder in the second degree) of the penal law if committed by an adult; or
(ii) at least twelve years of age and less than eighteen years of age who committed an act that would constitute a crime if committed by an adult; or
(iii) sixteen or seventeen years of age who committed a violation of paragraph (a) of subdivision two of section sixty-five-b of the alcoholic beverage control law provided, however, that such person shall only be deemed to be a juvenile delinquent for the purposes of imposing license sanctions in accordance with subdivision four of section 352.2 of this article; and
(b) who is either:
(i) not criminally responsible for such conduct by reason of infancy; or
(ii) the defendant in an action based on such act that has been ordered removed to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
§ 5. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivision 9 as added by chapter 920 of the laws of 1982, are amended to read as follows:
8. "Designated felony act" means an act which, if done by an adult, would be a crime: (i) defined in sections [125.27 (murder in the first degree);] 125.25 (murder in the second degree); 135.25 (kidnapping in
S. 4157 4
the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the second degree) but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree) or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen [or], fifteen, sixteen or seventeen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in paragraph (i), (ii), or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; [or] (vi) other than a misdemeanor committed by a person at least [seven] twelve but less than [sixteen] eighteen years of age, but only where there has been two prior findings by the court that such person has committed a prior felony; or (vii) defined in section 460.22 (aggravated enterprise corruption); 490.25 (crime of terrorism); 490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); 490.50 (criminal use of a chemical weapon or biological weapon in the second degree); 490.55 (criminal use of a chemical weapon or biological weapon in the first degree); 120.11 (aggravated assault upon a police officer or a peace officer); 125.22 (aggravated manslaughter in the first degree); 215.17 (intimidating a victim or witness in the first degree); 265.04 (criminal possession of a weapon in the first degree); 265.09 (criminal use of a firearm in the first degree); 265.13 (criminal sale of a firearm in the first degree); 490.35 (hindering prosecution of terrorism in the first degree); 490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); 490.47 (criminal use of a chemical weapon or biological weapon in the third degree); 121.13 (strangulation in the first degree); 490.37 (criminal possession of a chemical weapon or biological weapon in the third degree) of the penal law; or a felony sex offense as defined in paragraph (a) of subdivision one of section 70.80 of the penal law.
S. 4157 5
9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] that would constitute a class A felony if committed by an adult.
§ 6. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent commenced in family court and concurrent jurisdiction with the youth part of a superior court over any such proceeding removed to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
§ 6-a. Section 302.1 of the family court act is amended by adding a new subdivision 3 to read as follows:
3. Whenever a crime and a traffic infraction arise out of the same transaction or occurrence, a charge alleging both offenses may be made returnable before the court having jurisdiction over the crime. Nothing herein provided shall be construed to prevent a court, having jurisdiction over a criminal charge relating to traffic or a traffic infraction, from lawfully entering a judgment of conviction, whether or not based on a plea of guilty, for an offense classified as a traffic infraction.
§ 7. Section 304.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of 1987, is amended to read as follows:
§ 304.1. Detention. 1. A facility certified by the state [division for youth] office of children and family services as a juvenile detention facility must be operated in conformity with the regulations of the state [division for youth and shall be subject to the visitation and inspection of the state board of social welfare] office of children and family services.
2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state [division for youth] office of children and family services in the case of each child and the statement of its reasons therefor. The state [division for youth] office of children and family services shall promulgate and publish the rules which it shall apply in determining whether approval should be granted pursuant to this subdivision.
3. [The detention of a child under ten years of age in a secure detention facility shall not be directed under any of the provisions of this article.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expenditures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offender without a warrant; in relation to conditional sealing of certain convictions; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indictments; in relation to appearances and hearings for and placements of certain juvenile offenders; in relation to raising the age for juvenile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; to amend the correction law, in relation to requiring that no county jail be used for the confinement of persons under the age of eighteen; to amend the education law, in relation to certain contracts with the office of children and family services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; and to amend the vehicle and traffic law, in relation to convictions; and in relation to suspension, revocation and reissuance of licenses and registrations; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody
Purpose or general idea of bill
The bill amends and enacts various provisions of law to raise the age of adult criminal responsibility from sixteen to eighteen so that youth who are charged with a crime may be treated in a more age appropriate manner. The changes implemented in the bill reflect the evidence that the current system has not been effective in deterring and preventing future crime, while maintaining a mechanism that youth, on a case by case basis, may be tried in adult criminal court when the circumstances warrant.
Summary of specific provisions
Generally, the bill would treat 16 and 17 year olds charged with crimes in the same manner that 15 year olds are treated under existing law.
Read the full memo (1,785 words)
Specifically, the bill would:
*raise the age of criminal responsibility to 18;
*prohibit the placement of anyone under the age of 18 in adult jail or prison;
*apply the current list of juvenile offenses to 16 and 17-year olds and create a narrow list of additional juvenile offenses applicable only to 16- and 17-year olds. The new juvenile offenses are limited to the class A felonies of terrorism and predatory sexual assault;
*establish a youth part in adult criminal court wherein juvenile offenders will be processed. Juvenile offenders will receive the same protections during questioning by police that youth adjudicated in Family Court receive, such as the presence of a parent and the requirement that such questioning take place in a location suitable for children. A case may be removed to Family Court, however the youth part, in its discretion, may retain the case as a juvenile delinquency proceeding and apply the Family Court Act.
*prohibit the detention or placement of a juvenile offender for a violation of a condition of his or her probation that would not otherwise constitute a crime unless the juvenile poses a specific imminent threat to public safety or the use of graduated sanctions have been exhausted.
*provide for the conditional sealing of certain eligible offenses committed when the defendant was twenty years of age or younger. Eligible offenses do not include homicide offenses, violent felony offenses as defined in the penal law, class A felonies, and offenses requiring registration as a sex offender. This provision will apply retroactively;
*expand the existing youthful offender law to allow persons up to 20 years of age to be given youthful offender status and create a presumption of youthful offender status for persons 20 years of age and younger convicted of certain felony offenses for the first time;
*raise the age of juvenile delinquency to 12 unless the offense is murder, in which case the age is raised to 10.
*provide that juveniles charged with misdemeanor and felony vehicle and traffic offenses would be charged as juvenile delinquents in family court. Traffic infractions would remain in the local courts.
*allow additional opportunities for juvenile delinquents to receive services by requiring probation to make a service needs assessment of each youth, and allow the judge to order services at various stages of the Family Court proceeding;
*require probation to seek adjustment of a juvenile delinquency case before a petition is filed, and in instances where the written approval of the court is required to adjust a case (for juvenile delinquents removed from the Youth Part in Criminal Court to the Family Court), require probation to seek such written approval;
*prohibit detention and placement of all low-level juvenile delinquents unless they score high on the risk assessment instrument or pose a threat to public safety;
*allow detention and placement of Persons in Need of Supervision (PINS) only if the court finds that continuation in the home would exacerbate the underlying problem, or create a safety risk to the child or the child's family;
*authorize detention of PINS only in a foster care setting, and only for shortened periods of time;
*require Family Support Centers to be available statewide with full state reimbursement, and expand their scope of services to be provided to adjudicated PINS as well as alleged or adjudicated juvenile delinquents.
*provide additional opportunities for PINS to be referred to Family Support Centers through judicial order at various stages in the Family Court proceeding;
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
In the 2015 budget, $110 million in capital and $25 million in aid to localities was set aside for this purpose.
Effective date
This act shall take effect immediately provided however, that: Sections one through twenty-four, twenty-six through fifty-nine, sixty-one through seventy-six, and eighty-one through one hundred-b shall take effect on January 1, 2018. Sections sixty-seven, and seventy-seven through seventy-nine of this act shall take effect sixty days after it shall have become law.
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