Preconsidered Res. No. 1830
Resolution calling upon the New York State Legislature to enact and pass and the Governor to sign legislation amending the Family Court Act by changing the juvenile status age to include sixteen, seventeen and eighteen year olds.
By Council Members James, Comrie, Dickens, Foster and Mark-Viverito
Whereas, Most U.S. states follow the Federal Juvenile Justice Delinquency Prevention Act, which establishes juvenile court jurisdiction for minors any time before their 18th birthday; and
Whereas, Each state has the authority and discretion to set the maximum age at which a youth may be tried in juvenile courts; and
Whereas, In 1980, a New York State law reduced the age of criminal responsibility from 18 to 16; and
Whereas, Anyone in New York State currently charged with a crime who has reached his or her 16th birthday is processed through the criminal court system; and
Whereas, Youth processed through the criminal courts end up in adult correctional facilities; and
Whereas, Youth in adult correctional facilities do not have access to the array of community-based treatment alternatives to incarceration, reentry based programs, and support services found in juvenile facilities; and
Whereas, In 2007, the Connecticut State Legislature passed a landmark law to raise the age of juvenile court jurisdiction from 16 to 18 years of age; and
Whereas, New York and North Carolina are the only two states that currently end the age of juvenile court jurisdiction at age sixteen; and
Whereas, In the 2005 U.S. Supreme Court ruling Roper v. Simmons, the Court drew on new research on adolescent brain development to conclude that youth younger than 18 should not be subject to the death penalty; and
Whereas, It is time for our City and State to recognize that youth less than the age of 18 should not be treated as adults and subject to the same conditions of confinement as adult prisoners; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to enact and pass and the Governor to sign legislation amending the Family Court Act by changing the juvenile status age to include sixteen, seventeen and eighteen year olds.
WJH
LS # 6858
2/20/09