New York has spent millions implementing the provisions of 2017’s “Raise the Age” law. The state is likely to spend up to $1.71 billion by the end of fiscal year 2025, according to a report from the State Comptroller’s office.

The funds are intended to help New York county courts enact the requirements of the new law. However, some legislators worry that too much is spent on the legal process and not enough on supporting teens in making healthier choices.

New York’s “Raise the Age” Law

In 2017, New York passed a law raising the age of criminal responsibility from 16 years to 18 years for all but the most serious crimes. The act, known as the “Raise the Age” law, was phased in over a two-year period. 

Before the passage of the law, 16- and 17-year-olds were tried as adults for most crimes. They were also housed in county jails or state prisons alongside adults.

Now, most 16- and 17-year-olds have their cases adjudicated in family courts. They receive the support given to younger people who run into trouble with the law, and their cases are treated as juvenile matters. Also, 16- and 17-year-olds generally cannot be housed with adults in either county jails or state prisons.

Teens ages 13 to 17 who are accused of certain serious crimes may still face proceedings in adult court. Serious crimes may involve firearms, serious injury to one or more victims, sexual offenses, and situations involving “extraordinary circumstances.”

Funds Spent on “Raise the Age” Implementation to Date

The state of New York reimburses counties for costs associated with implementing the Raise the Age law. Counties must meet certain requirements to receive reimbursement. These include complying with the state’s cap on property taxes or receiving a hardship waiver. Counties must also submit a work plan to the state each year. 

As of fiscal year 2025, New York spent $160 million on capital expenses and $1.55 billion in aid to counties. The capital expenses covered efforts to build new juvenile detention facilities and improve existing buildings. 

Aid to counties first became available in 2019. These funds are intended to help counties create alternatives to incarceration for young people. They can also fund mental health, substance abuse treatment, and other problems designed to support and rehabilitate young people adjudicated delinquent. 

In 44 counties, social services costs comprise the highest spending category. These expenses include paying social workers, foster care, and aftercare costs. Detention is the largest spending category overall, but most detention funds are spent in the six counties currently operating a detention facility.

The state has appropriated $250 million per year to cover the costs of implementing the “Raise the Age” law. However, only about one-third of those funds have been disbursed to date. Most funding pays for juvenile court system costs, rather than prevention. 

Proposed Legislative Changes to Spending “Raise the Age” Funds

The Raise the Age law succeeded in diverting many 16- and 17-year-olds from the adult criminal system into juvenile proceedings and support programs. However, both supporters and opponents of the law say that it needs reform. 

Supporters of the bill want the appropriated funds to be disbursed more effectively. They also want to see additional focus on funding prevention services. By helping teens steer away from potentially criminal behavior and toward healthier activities, communities, and relationships, supporters hope to build a brighter future for kids and alleviate stress on the criminal justice system. 

Opponents, however, question whether the Raise the Age law has caused cases to move to juvenile court that should be heard in adult courts. 

Two recently introduced bills in the New York Legislature would define the term “extraordinary circumstances” used in the Raise the Age law. The bills would define “extraordinary circumstances” to include acts committed over several days, teens who led or coerced others into participating, illegal gun possession, or acting “in an especially cruel and heinous manner.” 

Another bill, sponsored by Republican Assembly Minority Leader Will Barclay, would require teens accused of violent felonies to be tried as adults unless both the prosecution and defense agreed to take the case through the juvenile process. 

Speak To An Experienced New York Criminal Defense Attorney Today

Criminal charges can derail your entire life. These charges can be even more onerous for teens, for whom a single bad decision can have ongoing consequences.

If you or a loved one faces criminal charges, don’t wait. Talk to an experienced New York criminal defense attorney today. The team at Brill Legal Group will defend your legal rights and fight for the best possible outcome in your case.