Albany’s justice reform agenda: Raise the Age needs funding for it to work

Seven years ago, New York closed a shameful chapter of our history, becoming one of the last two states in the nation to stop prosecuting 16 and 17 year olds as adults. New York’s Raise the Age law, passed with bipartisan support in 2017, moves most of our young people’s cases through Family Court, focusing on rehabilitation rather than criminalization.

The reform aimed to rectify the harms of a system that subjected young people to adult incarceration and lifelong barriers they would have to carry into their adult lives. Adolescents may still face mandatory programs, supervision by law enforcement, and placement in facilities. However, in place of an adult criminal record, young people are connected with a range of community based services and resources that aim to address the underlying factors that led them to commit an offense in the first place.

Since Raise the Age took effect, thousands of young people have had the opportunity to access services designed to help them improve their lives and avoid future interactions with the criminal legal system. We can all agree that allowing young people to receive and benefit from age appropriate services and proven alternatives to incarceration is not controversial.

The truth is there is no evidence that Raise the Age has increased crime, including serious crime, among 16 and 17 year olds across New York State and reports alleging young people are driving the spike in gun violence are wholly unfounded. During the first 18 months of Raise the Age, New York City saw historically low levels of shootings, even as arrests and incarcerations of 16 and 17 year olds declined .

The subsequent rise in gun violence coincided with the widespread impact of COVID 19 and the global health crisis, a trend felt across the nation, even in cities without similar criminal justice reforms. In fact, there has been a 73% decrease in adolescent arrests and a 68% decrease in arrests for serious offenses , including violent crime, outside New York City since 2013.

And within New York City since 2013, there has been a 77% decrease in adolescent arrests, as well as a 44% decrease in arrests for serious offenses, including violent crime. A recent report from John Jay College of Criminal Justice found that the share of felony dangerous weapons offenses committed by people under 18 in New York City has actually decreased since Raise the Age was passed in 2017.

Those under 18 also represented a smaller share of felony weapons arrests in 2022 (8%) than in 2014 (9%) or 2006 (11%). In states like Connecticut, Illinois, and Massachusetts that led the nation in adopting Raise the Age, the data has shown continuing declines in juvenile crime rates . Research has consistently shown that young people who access robust community based services have lower recidivism rates than their counterparts who have been incarcerated.

This is why a recent report from the nonpartisan Council of State Governments urges state and local leaders to implement proven alternatives to incarceration. The intent of Raise the Age was to do just that, but New York State must provide the necessary funding to realize that goal. Since 2018, the implementation of Raise the Age has only received a fraction of the funding that would allow the reforms to take hold.

As of 2022, it’s been reported that only $270 million of the $800 million appropriated had been invested in community based programs and services for young people throughout New York State. And New York City has been entirely excluded from receiving state funding. Statewide evidence clearly demonstrates that Raise the Age has improved community safety and youth wellbeing, but New York’s juvenile justice system requires ongoing investment to become truly rehabilitative.

We must do more to streamline the delivery of these resources to the organizations such as the successful SNUG programs that are already doing critical work serving our young people and our communities through alternatives to incarceration, youth development, and violence prevention services. Organizations and providers should be able to apply for and receive funds directly, and communities should receive upfront allocations of implementation dollars based on the number of young people who have contact with the criminal legal system.

Raise the Age is a step in the right direction for juvenile justice reform in New York. Rather than abandoning it, New York must invest in our youth by fully funding it and supporting programs that create pathways for rehabilitation, growth and future opportunity in the new legislative session. It’s up to the state to spend the resources it already has to deliver on our promise to young people and families.

Bailey represents the 36th District, which includes parts of the Bronx, in the New York State Senate..