Report on 2015-16 Executive Budget Proposal regarding Raising the Age of Criminal Responsibility

SUMMARY

Eight City Bar committees collaborated on a report supporting legislation in the 2015-16 State Executive Budget to raise the age of criminal responsibility from 16 to 18 years of age. This would align New York’s age of criminal responsibility with all but one state in the nation. Under the proposal, developed by the Commission on Youth, Public Safety and Justice (appointed by Governor Cuomo), cases involving youth under 18, with certain exceptions, would be handled in Family Court, where they can benefit from resources and options for addressing their cases that are not available if they are treated as adults. In addition, youth who are retained in the adult court system would have additional protections and receive age-appropriate treatment. The committees based their recommendation on research showing that adolescent brains do not develop full decision-making capacity until into the mid-20’s. The committees believe that raising the age will reduce recidivism, provide more effective alternatives to incarceration, reduce collateral consequences that would prevent the youth from moving forward with their lives and reduce racial and ethnic disparities in the criminal justice system.

BILL INFORMATION

A.3006 / S.2006 (Part J), Education, Labor and Family Assistance Article VII Legislation, 2015-16 NYS Budget – related to raising the age of criminal responsibility

OUTCOME

Spring 2015 44th Street Notes: “Legislative Update: Passage of a State Budget”

Raise the Age legislation was ultimately enacted as Chp. 59 of 2017