Gang shootings put treatment of teen lawbreakers in spotlight | Local News

ALBANY — When New York raised the age of criminal responsibility to 18, the goal was to remove young offenders from the adult criminal justice system and provide them with social services to reduce the chances they would reoffend.

In 2018, youths age 16 were removed from the adult court system. And one year later, 17-year-olds were kept out of the adult courts, instead routed to Family Court or youth court depending on the underlying offense. The state prisons have also been stopped from admitting prisoners younger than 18.

Now, with the state about to begin the third year of dealing with COVID-19 pandemic, police executives say they are increasingly encountering youths involved in shootings and other violent crime. And they are urging state lawmakers to revisit the so-called Raise the Age legislation enacted under former Gov. Andrew Cuomo.

Patrick Phelan, the director of the New York State Association of Police Chiefs, said his group believes that while changes were warranted in the way the state deals with young offenders, there needs to be a heightened response to the involvement of youths ages 16 and 17 in gun crimes.

“We’ve found since Raise the Age that the streets gangs are utilizing their younger members to carry the weapons because they face very little consequences if they’re caught,” Phelan, the former police chief in Greece, told CNHI. “We’ve been seeing a tremendous spike in young people committing gun crimes.”

The issue was examined in detail at a recent legislative hearing in Albany.

Yonkers Police Commissioner John Mueller, testifying before the Assembly Codes Committee recently, said he sees an opportunity to “keep the spirit of Raise the Age at the same time keep our communities safe.”

Mueller noted that out of 10 gang-related shootings in Yonkers in 2021, eight involved youths ages 16 or 17 who were either arrested for the gunplay or were suspected of being the shooters. Older gang members have been using the younger teens as “holsters,” letting them hold guns, because the Raise the Age laws will allow for them to get lenient treatment if arrested, Mueller said.

Mueller argued that there should be a proceeding in a judge’s chambers, involving defense lawyers and prosecutors, where a juvenile’s record is privately unsealed to give the judge more information.

“When you’re seeing three and four gun arrests, gang assault, stabbings and things like that, at some point we have to turn around and say what we’re doing in family court is not working for this particular youth.” Mueller told lawmakers.

Meanwhile, two Assemblymen, Mike Reilly, R-Staten Island, and Michael Tannousis, R-Brooklyn/Staten Island, have drafted legislation that would send the cases of youths ages 16 and 17 from Family Court to criminal court if evidence shows they were involved in violent attacks, used a weapon in a crime or are accused of sexual assault.

Reilly noted a 16-year-old gang member shot a police officer in New York City last week while he was out on probation for another offense.

“Possession or use of a loaded weapon shouldn’t fall under the jurisdiction of Family Court,” Reilly said.

Some supporters of Raise the Age are now mobilizing support for an expansion of what they call fairer treatment of young adults who become entangled in the criminal justice system. They are advocating for a measure dubbed the Youth Justice and Opportunities Act, which would create a new “young adult” status to allow individuals ages 19 through 25 to get treatment instead of incarceration when they violate laws.

Brooklyn Defenders, representing public defenders, has backed the measure. The group points to scientific research showing a young adult’s brain continues to mature into their mid-20s,contending it is unjust to leave them with the scars of a lifelong criminal record for acts committed at a time when they lacked maturity in judgment.

Brad Hansen, public policy director for Families Together in New York State, said those now out to weaken Raise the Age protections have been exploiting crime news and the bail law controversy to drive their agenda.

Hansen said shootings involving youths have been on the rise in states that have adopted major criminal justice reforms.

“The common denominator is community disruption due to COVID,” Hansen said.