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St. Lawrence County Sheriff has some concerns over ‘Raise the Age’ law

Posted 5/13/17

By JIMMY LAWTON CANTON -- St. Lawrence County Sheriff Kevin Wells has concerns regarding New York’s recently passed ‘Raise the Age’ law, which will no longer allow teens under age 18 to be …

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St. Lawrence County Sheriff has some concerns over ‘Raise the Age’ law

Posted

By JIMMY LAWTON

CANTON -- St. Lawrence County Sheriff Kevin Wells has concerns regarding New York’s recently passed ‘Raise the Age’ law, which will no longer allow teens under age 18 to be tried as adults.

The new law will be phased in starting with 16-year-olds benefitting in October of 2018 and 17-year-olds gaining the new protections in 2019.

The proposal was rolled in the state budget and will change how court proceedings are handled for teens who are not considered minors, but are not yet 18. The changes will impact the sheriff’s department, family court, the county attorneys office and the department of social services, but exact details on the changes are not completely vetted at this point.

While it appears funding will be provided for any additional costs the new regulations create for county government, counties won’t be eligible for reimbursement if they do not remain under the tax cap.

“(I’m) still digesting it and waiting to see a final version,” Wells said in an emailed statement. “We do not have many 16- and 17-year-olds in our correctional facility as a regular action and in fact have none today,” he said.

Wells says he has questions, but is glad to see that the law will be phased in, because he does not believe the state is ready to house those that need to have secure placement.

Wells said a change to the bill in the Senate has alleviated some of his concerns. He said that version of the bill includes funding for counties for transporting 16- and 17-year-olds around the state for secure placement and back and forth to court appearances.

The sheriff’s department is typically tasked with transportation of prisoners.

Wells said the teens in that age group are still going to be committing crimes and in some cases serious crimes.

“There are still going to be victims that are part of these crimes just as there are now. I am not against the concept, but I am in agreement with the majority of my peers, sheriffs, that this cannot result in unfunded mandates on counties and we need to make sure that secure housing, responsive courts and other side issues are funded and planned for adequately so that our communities are safe,” he said.

According to the most recent information available the state budget provides 100 percent state reimbursement to counties and New York City for the added costs resulting from raising the age of criminal responsibility unless the most recently adopted county budget exceeded the allowed tax levy limit. The Division of the Budget is also authorized to waive any local share of expenditures upon a showing of financial hardship.

According to the new law a majority of crimes involving teens in the age group of 16- and 17-year-olds will be adjudicated in family court, but there are some exceptions.

Misdemeanors and violations will be handled through family court.

New “Youth Parts of the Criminal Court” provisions will be established and presided over by a family court judge. This is where felony charges will be adjudicated. Non-violent felonies will be transferred to family court. However at the request of the district attorney and court agreement, these may be handled in the new youth court.

Violent felonies will only be transferred to family court if there is not significant injury to another person, no weapon is involved and it is not a sex offense.

As for sentencing under the new law, juveniles convicted in the “Youth Part” and sentenced to state prison will be incarcerated in an adolescent offender facility operated by the Department of Corrections and Community Supervision with programs provided by OCFS.

The new law will also allow some criminals to have their records sealed. Anyone convicted of an eligible offense in an adult court may seek to have his or her record sealed after ten years from the imposition of the sentence or discharge from incarceration.

Violent felonies, sex offenses, and Class A felonies are not eligible offenses. In addition, sealing is only available for people who have no more than two convictions, one of which may be for a felony.