New York District Attorneys Seek Changes to “Raise the Age” Law

ALBANY – District attorneys across New York are calling for revisions to the state’s “raise the age” law, highlighting a concerning rise in violent crimes committed by young people. They voiced their concerns on Tuesday, indicating that this is an urgent issue that needs to be addressed.

However, it’s unclear if Governor Kathy Hochul and the Democratic-majority Legislature will consider their request as they reconvene in Albany this week. Hochul is set to outline her policy plans for 2026 during his upcoming “State of the Union Address” on January 13th. Back in August, he mentioned he would “consider” changes to raise the age but hasn’t offered any updates since then.

Mary Pat Donnelly, the District Attorney for Rensselaer County, expressed her views, stating, “New York State’s district attorneys want to collaborate with the Legislature and the Governor to suggest changes that can address some issues in the law while effectively tackling the surge in youth gun violence.” Donnelly, who is also the president of the New York State District Attorneys Association, stressed that any amendments should align with the law’s original purpose: promoting rehabilitation for juvenile offenders while ensuring community safety.

This year, Hochul, who is running for re-election, faces significant opposition from over 200 criminal justice groups that have united to support the existing “Raise the Age” law.

The law, enacted by former Governor Andrew Cuomo, increased the age of criminal responsibility to 18, prohibiting the prosecution of most 16- and 17-year-olds in adult courts.

When the law took effect in 2017, New York was one of only two states that automatically prosecuted 16- and 17-year-olds as adults. Now, misdemeanor charges for minors are typically handled in family court, while felony cases are addressed by family court judges in criminal court, sometimes being redirected completely to family court.

Proponents of the law argue that New York City has seen the most significant rise in juvenile crime, particularly among individuals under 16. It’s worth noting that even prior to the implementation of “Raise the Age,” many young individuals wouldn’t have been tried as adults.

A representative from the coalition “Raise The Age: Build Futures,” which advocates for youth investment, emphasized that “Raise the Age is accomplishing its goal of keeping young people out of the adult system and reducing harm.” They noted that despite variations in overall arrest numbers, the proportion of youth involved in felony and violent felony arrests has remained stable since 2018, with recidivism rates among youth dropping below previous levels.

Hochul has navigated several tough discussions with the Legislature surrounding criminal justice topics in recent years. She successfully implemented changes to evidence discovery last year and revised the state’s bail reform in 2023.

Now, she faces challenges from lawmakers aligned with Lieutenant Governor Antonio Delgado, who is running to his left in the Democratic primary. Recently, State Senator Jabari Brisport, a democratic socialist and supporter of Mayor Zoran Mamdani, became the first legislator to endorse Delgado. Additionally, Hochul is also contending with Republican Nassau County Executive Bruce Blakeman, who is attempting to associate her with various legislative reforms in criminal justice.