New York Lawmakers Urgently Debate Changes to Raise the Age Law

UPDATE: New York lawmakers are gearing up for an urgent debate over the controversial Raise the Age law, which prevents youth offenders from being tried as adults. With mounting pressure from law enforcement and district attorneys, significant changes may be on the table as the new legislative session approaches.

Just days ago, newly elected New York City Mayor Zohran Mamdani confirmed his commitment to re-evaluating this pivotal 2017 legislation, which shifted 16- and 17-year-olds out of adult courts and raised the age of criminal responsibility to 18. Mamdani’s choice for NYPD Commissioner, Jessica Tisch, has declared amending this policy her top priority in Albany next year.

Tisch has voiced her concerns, stating, “The number of kids that are victims of shootings is up 83%. Since those laws changed, the number of kids that are shooters is up almost 100%.” These alarming statistics underscore the urgency for lawmakers to reassess the current framework surrounding youth offenders.

Key discussions took place earlier this month during the annual SOMOS conference in Puerto Rico, attended by prominent officials like Bronx District Attorney Darcel Clark and Brooklyn District Attorney Eric Gonzalez. Clark has been advocating for changes to the law since 2021, while Gonzalez’s office opted not to comment on ongoing discussions.

Assemblywoman Latrice Walker, a staunch supporter of the Raise the Age law, expressed her opposition to any amendments, emphasizing that judges should retain the discretion necessary to make informed decisions on a case-by-case basis. “At the end of the day, we will keep having meetings — we will continue to sit down,” Walker stated, reflecting the ongoing dialogue on this sensitive issue.

Governor Kathy Hochul, while not taking a definitive stance, acknowledged the importance of revisiting the law. “I will be looking at all the laws as I get back to the legislative session,” Hochul commented in August, indicating that discussions around the policy would remain a focal point as she prepares for her re-election campaign.

The District Attorneys Association of the State of New York is also calling for immediate legislative action, arguing that the current system complicates cases involving youthful offenders, which are typically handled in family courts. DAASNY President Mary Pat Donnelly highlighted the need for access to offenders’ histories to make informed decisions about court proceedings.

While Tisch and various district attorneys agree that 16- and 17-year-olds should not be incarcerated in adult prisons, there is a clear divide regarding the Raise the Age law. Walker insists that the judicial system must retain the ability to assess cases individually, rather than allowing legislative mandates to dictate outcomes.

The conversation has sparked a broader debate within the state’s Black, Puerto Rican, Hispanic and Legislative Caucus, with members advocating for a focus on funding and resources to prevent youth incarceration rather than altering the law itself. “Attempts to change the law through the budget or through prosecutors who have not fully implemented Raise the Age are irresponsible and misguided,” stated caucus chair Assemblywoman Michaelle Solages.

As the legislative session nears, all eyes will be on how these discussions evolve. The implications of potential changes to the Raise the Age law could have lasting effects on New York’s juvenile justice system, impacting countless youths and the communities they inhabit.

Stay tuned for further updates as this critical issue develops, shaping the future of New York’s approach to juvenile justice.