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DA: Raise The Age Law to increase burden on taxed system

The first part of state legislation raising New York’s age of criminal responsibility to 18 is now in effect.

As of Monday, there are new state rules that take 16-year-olds charged with offenses out of the adult criminal justice system. This is the first part of the Raise The Age Law, which was passed last year. The second part of the state legislation will remove 17-year-olds out of the adult criminal justice system, which take effect Oct. 1, 2019.

Patrick Swanson, Chautauqua County district attorney, said the Raise The Age Law will significantly impact the county’s criminal justice system.

“It will single-handedly increase the already high demands on local law enforcement; local, family and surrogate court; the county attorney’s office; and my office,” he said. “The new rules affect how 16- and 17-year-old defendants can be processed, arraigned, transported, housed, prosecuted and sentenced. It creates a new court called the ‘Youth Part.”

Swanson said less than 5 percent of felonies and fewer than 2.8 percent of misdemeanors in the county are committed by 16- and 17-year olds. He said during the past three years, the county has averaged more than 1,000 felonies and 5,000 misdemeanors. Of those, approximately 25 felonies and 70 misdemeanors are committed by 16-year-olds. He added that the numbers are similar for 17-year-olds as well.

Under the legislation, 16-year-olds charged with misdemeanors will have their cases tried in family court proceedings. In the case of felony charges, nonviolent felony charges will start in a new section of criminal court known as the “youth part” and then get sent to family court unless there are “extraordinary” reasons to keep it in the criminal court. Those charged with violent felonies could possibly get sent to family court, but would remain in criminal court if they caused significant physical injury to someone, used a weapon or took part in criminal sexual activity.

Swanson said, even though misdemeanors would be removed from the DA’s Office, the new law will add to their case load. He said the newly created Youth Part will be an additional court the DA’s Office has to staff, adding extra scheduling activities to his office. He added the Youth Part will add an extra layer of litigation to each 16- and 17-year-old charged with a felony.

“It adds to the burden. While on the face, you think that we will be losing 140 plus misdemeanors each year, starting Oct. 1, 2019, those cases take relatively little time and experience to handle. Losing 2.8 percent of our misdemeanor cases will not assist us in any measurable way,” he said. “With respect to felonies, there will be no change in how we handle those cases. They are our cases at the beginning. We need to review them and determine if the charges are sufficient, if they are correct, and now, if we want to petition the Youth Part to keep them. It requires my office to staff it’s 41st court. It requires that I designate an experienced prosecutor to handle those cases. It requires that we pour resources into a case at its inception to ensure that we aren’t letting a serious case slip through to family court where there are virtually no consequences. The analysis and litigation for us to keep the case in the Youth Part must happen within 30 days.”

New York was the second to last state to raise its criminal responsibility age to 18. North Carolina was the last state to raise its criminal responsibility age to 18, with lawmakers voting to make the change in June of last year and the move taking effect in December 2019.

Gov. Andrew Cuomo said by raising the age of criminal responsibility, New York is putting an end to an injustice that falls disproportionately on people of color.

“In New York, we will never stop fighting for a more equal and more just society for all,” he stated in a news release Monday.

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