End Prosecution of Children Under 12
Under current law in New York, children as young as 7 years old may be arrested and prosecuted as juvenile delinquents. Children under 12 may be subject to police questioning, pre-trial detention, probation, and mandatory confinement. By raising the age from age 7 to 12, we can better serve elementary age children who come to the attention of law enforcement through our existing system of community-based services, including those available through our local departments of social services and behavioral health care. Outcomes for children and better and communities are safer when our system meets children and families with effective services and supports. We call on the legislature to pass, and the Governor sign a bill to raise the age of juvenile delinquency to 12.
Stop Solitary Confinement of Youth
Experts in mental health and corrections have rejected solitary confinement as a response to adolescent behavior in facilities. Despite this, current practice in Raise the Age Adolescent Offender facilities for sentenced youth permits children to be held in isolation for 18 hours to 22 hours a day. Because brain development is underway, adolescents are particularly vulnerable to the negative effects of isolation, including increased risk for self-harm and suicide. In addition to the immediate harm inflicted, solitary confinement can impede brain development and affect long-term cognitive and social abilities. Throughout this year, we’ve demanded that the Governor direct the Department of Corrections and Community Supervision (DOCCS) to issue new rules that immediately end this practice in facilities for sentenced youth. We are encouraged to see that, with the latest amendments to the 2020 Budget, all children held in Adolescent Offender facilities will be transferred to age-appropriate OCFS facilities and kept out of solitary confinement.
Expand Protections for Young Adults
Based on research in neuroscience and psychology, we know that human brain development continues into the mid-20s. New York’s Youthful Offender (YO) law provides the opportunity for youth under the age of 19 to have a criminal conviction set aside and replaced with a confidential, non-criminal adjudication. It also allows for reduced prison sentences. Yet, at age 19, this critical protection is no longer available, and young people face mandatory prison sentences and lifelong criminal records that create barriers to education, jobs, and housing for youthful mistakes. New York should strengthen existing protections under the youthful offender law and create a new “Young Adult Offender” status up to age 25.
End the Adult Incarceration of Youth
Young people who are sentenced to a term of incarceration require developmentally-appropriate settings and supports. But, under Raise the Age, adolescents sentenced to a state prison term can be sent to Adolescent Offender facilities, which are operated by the Department of Corrections and Community Supervision (DOCCS), the same department that oversees adult facilities in New York. The Office of Children and Family Services (OCFS) has administered secure facilities for similarly-aged youth charged with similar crimes and has a track record of delivering age-appropriate services in those settings. We’re pleased to see that, with the recent amendments to the 2020 NY State Budget, all adolescent offenders will be transferred to secure OCFS facilities.
