Assemblyman Brian Miller (R,C-New Hartford) and his Assembly Minority colleagues are proposing reforms to the Raise the Age law to provide better mechanisms to hold 16- and 17-year-olds accountable for heinous crimes such as homicide, sex offenses and other violent felonies. Currently, the Raise the Age law is pushing the majority of felony cases into family court and probation intake, rather than the more appropriate Youth Part of Superior Court where they belong. As a result, the broken Raise the Age law is threatening public safety, leaving victims without justice and making teens the prime target of gang and drug dealer recruitment.

“Raise the Age essentially took away consequences for teens committing very serious violent crimes, so many are flying under the radar in the cover of the family court system. This has left public safety vulnerable, victims without justice and already susceptible teens all the more attractive to gang and drug dealer recruitment,” said Miller. “Our adjustments to the law still uphold the intent of providing children who make a mistake a second chance, but they also ensure serious and violent crimes are answered for and close a loophole that exploits teens.”

The Raise the Age movement intended for felonies committed by adolescent offenders to be tried in the Youth Part of Superior Court, however, in practice, in 2021, 83% of 16- and 17-year-old felony defendants had their cases tried in family court or addressed in probation intake. These felonies are for homicide, sex offenses, crimes committed with firearms or dangerous weapons, robbery and more. Concerning, there were 3,303 felony arrests with only 9% resulting in a felony conviction. It has become apparent to organized crime that Raise the Age has removed significant consequence for these youthful offenders. Now, gang and drug dealer recruitment of these teens has become a serious issue. These youths are recruited and essentially sent out do horrible crimes on behalf of the criminal organizations.

Miller says Assembly Minority Conference reforms close that loophole by providing stronger guidelines to ensure cases are tried in Youth Part of Superior Court rather than family court for the most serious allegations. The bill would require crimes resulting in serious injury or death, committed with an object appearing to be a weapon or with possession of a weapon, or sexual in nature be tried in Superior Court. Non-violent felonies would be allowed to be tried in family court, so long as the court and the prosecutor deem it appropriate after reviewing existing family court records.

Lastly, under current law, if an 18-year-old committed a violent felony such as a sex offense, they would be tried as a first offender since their previous conviction would be sealed in family court. The new bill would allow courts, prosecutors and defense attorneys to have access to family court records in these cases so that an offender can be appropriately tried and convicted.

Editor’s Note:Assemblyman Miller’s comments on reforming the Raise the Age Law may be downloaded here: 

https://drive.google.com/file/d/1mw1fH6uHxvDNKIRkxdQpq2tF0m0XA4E7/view?usp=share_link