Democrats in the state Legislature are preparing for a fierce debate next session over calls to reform a controversial 2017 criminal justice law that prevents youth offenders to be tried as adults.
The law, known as Raise the Age, moved 16- and 17-year-olds out of adult court and increased criminal responsibility in the state to 18.
New York City mayor-elect Zohran Mamdani’s newly appointed NYPD Commissioner Jessica Tisch strongly favors changing the policy — as do many district attorneys across the state.
“Though I believe that the law was well-intentioned, we need now to roll up our sleeves and make adjustments to those laws based on the realities we are seeing on the ground,” Tisch said at a Citizens Budget Commission event in September.
Key lawmakers and stakeholders discussed the fate of the law during the annual SOMOS conference in Puerto Rico earlier this month, which included Bronx DA Darcel Clark and Brooklyn DA Eric Gonzalez.
Clark has publicly backed amending Raise the Age since 2021. Gonzalez’ office declined to comment on the private conversations.
Assemblywoman Latrice Walker, a strong proponent of Raise the Age, says the conversation was productive, but she’s strongly against changing the policy.
“Hopefully we will continue to allow the judges the discretion that they need in order to make the best decisions,” she told Spectrum News 1.
Mamdani, a democratic socialist, announced Wednesday he will keep Tisch, a Democrat, on as the city’s top cop when he takes office in January.
Revising the law is Tisch’s top priority in Albany next year. The commissioner has said the policy has created a consequence-free environment for youthful offenders under 18.
“It is maddening,” she said at the CBC panel in September. “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 a hundred percent in that time. The data is telling us, over the past five years, a very clear, stark story. We need to listen to that data.”
Momentum has been building to amend the law as police and prosecutors have blasted the policy for complicating cases with youthful offenders. The District Attorneys Association of the State of New York is also pressuring the Legislature to take action in the next budget as youth cases are typically handled in family court, which are sealed, including from DAs and law enforcement.
“We need to be able to look at the offender’s history, their background…We need the ability to know what’s going in family courts so that when something occurs, we can make the right decision about whether they should be retained in adult court,” DAASNY President Mary Pat Donnelly said in August.
Tisch and district attorneys said they do not want to repeal the policy and agree 16 and 17 year olds don’t belong in adult prison.
Walker said justice is served when cases go through family court, and it should be left to a judge’s discretion to send a case to criminal court.
“I don’t believe that we should have a bartering as it relates to which charges are going to be held in family court as opposed to going into the adult court youth part,” said Walker, a Brooklyn Democrat. “There’s opportunities for both sides to be heard…and 1763611167 it appears that the judicial discretion that everyone had been requesting is now saying, ‘Hold on, we’d rather you legislate that as opposed to allowing judges to be able to make the best decision based on a case-by-case analysis.”
Walker said the negotiations will continue.
“At the end of the day, we will keep having meetings — we will continue to sit down,” she said.
Gov. Kathy Hochul has not taken a solid position on calls to change the policy. Hochul’s office referred to comments the governor made about Raise the Age this summer.
“I will be looking at all the laws as I get back to the legislative session and talking about what is best for the people of this state,” she said about the law in August.
Members of the state Black, Puerto Rican, Hispanic and Legislative Caucus have several members participating in an active working group on the policy.
The group has had conversations with the Second Floor about instituting a permanent funding mechanism for localities to keep young people out of prison and address violent crime instead of changing the law in the budget.
“Raise the Age was established to protect children, and any conversation about this law must start with the truth that its biggest challenges are fiscal,” caucus chair Assemblywoman Michaelle Solages said in a statement. “Counties across New York are still waiting for reimbursements, still struggling to staff programs, and still lacking the resources needed to provide the services that keep young people on the right path.
“Attempts to change the law through the budget or through prosecutors who have not fully implemented Raise the Age are irresponsible and misguided,” she added. “Major policy decisions belong in the public legislative process where our communities, experts and data help to guide the debate. The caucus’ priorities are clear: Strengthen the funding, strengthen the services, and keep Raise the Age focused on protecting children. Anything else is the wrong conversation at the wrong time.”
Caucus members said Hochul’s staff listened during their meeting about the policy, but did not share the governor’s position on calls to tweak Raise the Age.
Hochul, a moderate Democrat, has been a proponent of amending criminal justice laws in the budget since taking office, including the state’s bail reform and discovery laws.
As the governor faces a tough re-election bid from likely Republican nominee Rep. Elise Stefanik next year, it’s possible the NYPD commissioner and DAs could persuade her to amend the policy.