'Loopholes' In The 'Raise The Age' Bill Still Leave Room To Condemn Teens, Critics Say

Four days after the passage of a contentious bill included in the late state budget raising the age of adult criminal responsibility to 18, defense attorneys, lawmakers, and state officials are still struggling to make sense of how exactly it will work.

Currently, 16- and 17-year-olds are automatically charged as adults in New York, making it one of two states in the country with such harsh standards. The reform as envisioned by Democrats and activists would have kept kids out of adult courts and jails across the board, keeping them strictly in family court and juvenile facilities. Republicans pushed back, though, and the resulting negotiations stalled talks for nine days beyond the budget deadline.

Under the new system, which is supposed to go into effect in October 2018, only misdemeanor charges will automatically go to family court. Nonviolent felony charges are supposed to be handled in a new "youth part" of criminal court, with the presumption that they'll later be referred to family court unless a prosecutor can prove "extraordinary circumstances." Violent felonies are supposed to go to the youth part and be subjected to tests to determine whether to remove them to family court, with the criteria being whether a weapon was used, whether the victim had "significant" injuries, and whether the crime was a sex crime.

In a statement, Sen. Montgomery outlined her concerns with the compromise:

We steered the boat in the right direction for sure, but the loopholes left have the potential to shuttle this group of kids into the system through a different route. Children that remain in this new youth part of criminal court are still sentenced as adults, violations are still handled in local criminal court. Vehicular crimes and violations remain in criminal court with no chance for removal to family court. The 10-year wait to seal records can halt their progress during the time of their lives when they have the most potential for change. These kinds of details are important because what we want and what we know works are diversion programs and other age-appropriate treatment that keeps them out of the system and helps them succeed.

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