NY No Longer Prosecutes 16-, 17-Year-Olds As Adults [POLL]

A little over a year ago, New York State raised the age of adult criminality for 16-year-olds. This past Oct. 1, 17-year-olds were included, meaning that now the age of criminal responsibility in the state is 18 years of age.

Prior to 2018, New York was one of only two states that automatically prosecuted 16- and 17-year-olds as adults, according to Governor Andrew Cuomo's website.

"This injustice unfairly punished youth and prevented them from receiving the services they need to rehabilitate themselves and re-integrate into their communities," a statement on "Raise the Age" website said.

"New York's youth who commit non-violent crimes will now receive age-appropriate housing and programming to lower their risk of re-offense," it said.

According to August 2019 report from the New York State Raise the Age Implementation Task Force, the Raise the Age law was phased in over a two-year period. As of Oct. 1, 2018, 16-year-olds charged with misdemeanors — other than vehicle and traffic law — were removed from the adult courts and put into the family court system.

For 16-year-olds who are charged with felony offenses, the new law established a specialized Youth Part of Supreme or County Criminal Court where the young people, now known as adolescent offenders, will have their cases originally processed.

The same things applied when the second phase of the law pertaining to 17-year-olds went into effect Oct. 1.

One immediate effect was seen in New York City, when on Oct. 1, Mayor Bill de Blasio announced that all 16- and 17-year-olds who had been held at Rikers Island had been moved to dedicated juvenile facilities elsewhere, WNBC New York reported.

De Blasio said it was a historic moment in criminal justice reform.

"Kids will be treated like kids instead of adults," he said.

Kristine Maloney, a probation supervisor for Jefferson County, which is north of Syracuse, said the year-long phase-in for 16-year-olds allowed for the glitches to be worked out in the system so that they were ready to accommodate the next age group.

She said there were three aspects of a crime that would still enable prosecution as an adult: causing serious physical injury, displaying a weapon or involving a sexual nature, WWNY 7 reported.

In Westchester County, District Attorney Anthony A. Scarpino Jr. said his office has been working diligently with partners across Westchester County — in law enforcement, the Probation Department, Department of Corrections and the Courts — to see that juvenile offenders are treated appropriately and fairly under the new law.

"We will continue to do so during this final stage,” he said in a prepared statement.

To read more about New York's Raise the Age law, go here.

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