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Articles tagged with: New York

New York: It's Time to Raise the Age

Carmen Daugherty Thursday, 22 January 2015 Posted in 2015, Research & Policy

"Our juvenile justice laws are outdated. Under New York State law, 16-and 17-year-olds can be tried and charged as adults...It's not right; it's not fair. We must raise the age."

Governor Cuomo, State of the State Address, Jan. 8, 2014

In April 2014, Gov. Cuomo established the Commission on Youth, Public Safety, and Justice to develop a plan to raise the age of juvenile jurisdiction. The question was never "if" New York would raise the age, but "how". It was clear New York did not want to be the last state that automatically prosecutes 16 and 17 year olds in the adult system.

Finally, last Monday, on MLK Day, Governor Cuomo and the Commission on Youth, Public Safety and Justice released their recommendations on how to accomplish this feat. The Commission agreed that this was the right time to "raise the age" for several reasons including extensive research on adolescent brain development and the significant impact on adolescents when incarcerated in jails and prisons. Additionally, data showing higher suicide rates and higher recidivism, and the disproportionality of young men of color charged as adults strongly influenced the Commission to make the following recommendations:

1. Raising the age of adult criminal responsibility to 18: Juvenile jurisdiction should be expanded to include 16-year-olds in 2017 and 17-year-olds in 2018. This phase approach will allow for an initial infusion of the smaller population of 16-year-olds followed by full implementation. Youth charged with violent felonies will still originate in the criminal court.

2. Keeping youth out of adult jails and prisons: Prohibit confinement of any minor in an adult jail or prison and allow youth to remain in youth settings until age 21.

3. Diverting more cases before they reach the courts: Mandate diversion attempts for low-risk (per risk assessment) misdemeanor cases.

4. Establish family engagement specialists to facilitate diversion options: Support for family engagement specialists would strengthen capacity to engage youth and their families in targeted services and maximize the benefits.

5. Develop a continuum of effective community-based services at the local level to be used by probation: Community-based supervision provided to 16- and 17-year-olds should use evidence-based interventions individually tailored to reduce the risks and address the needs presented by the youth.

6. Create the capacity to seal one conviction from crimes committed under age 21: Allow for sealing after two years without a conviction for a misdemeanor conviction and five years for a felony conviction (excluding violent felonies, Class A felonies, homicides, and sex offenses).

In total, the Commission recommended 38 improvements to how youth are treated by New York's criminal justice system. The full report can be found here. These thoughtful recommendations should be uplifted, celebrated, and passed by the New York Assembly, quickly, and without debate. As the Commission and Governor have stated, the time is now, New York.

 

Cookhorne v. Fischer Settlement Provides Beneficial Reforms for Youth in Solitary Confinement

Courtney Thomas, Northeastern University School of Law: CFYJ Intern Tuesday, 28 October 2014 Posted in 2014, Federal Update

Prisoner’s Legal Services of New York (PLS) reached a landmark settlement with the New York State Department of Corrections and Community Supervision (DOCCS) in the case of Cookhorne v. Fischer which will result in significant and positive changes regarding the use of solitary confinement as a disciplinary sanction for 16 and 17 year old inmates in DOCCS custody.

The settlement agreement contains several amendments to DOCCS policies and prohibits solitary confinement of youth for disciplinary purposes by limiting the maximum hours of confinement per day. The agreement mandates that a youth may be confined for no more than 18 hours a day, five days per week, and no more than 22 hours the other two days of the week. It further establishes a minimum number of hours for programming and recreation during this out-of-cell time. The settlement agreement also requires that regulations be amended to state that age is a mitigating factor in disciplinary proceedings where a youth has been accused of misconduct and requires a written statement of how the age affected the disposition.

New Report: US Prison Populations Increase, Number of Youth in Prisons Declines

Courtney Thomas : CFYJ Intern Monday, 22 September 2014 Posted in 2014, Research & Policy

A recent report released by the Department of Justice, Bureau of Justice Statistics (BJS), reveals that the U.S. prison population has increased for the first time since 2009. The report, “Prisoners in 2013” notes that state and federal prisons held approximately 1,574,700 prisoners on December 31, 2013, an increase of about 4,300 prisoners from year-end 2012.

This reversal in a three year trend of declining prison population rates is due to an increase in 2013 of 6,300 inmates in the state prison population. This is a significant change from a similar BJS report published about two years ago, “Prisoners in 2011,” which displayed a decline of 21,614 state prisoners at year-end 2011.

The Campaign for Youth Justice Applauds Gov. Andrew Cuomo for his Support of ‘Raising the Age’ in New York State

Wednesday, 08 January 2014 Posted in 2014, Federal Update

Today Gov. Andrew Cuomo (D-NY) delivered his annual, ‘State of the State’ Address in which he announced his support to ‘Raise the Age’ of juvenile court jurisdiction in the state of New York.

The Campaign for Youth Justice (CFYJ) applauds Gov. Cuomo for addressing this issue and urging swift action movement on the measure this year: