Raise the Age FAQ and Information on Specialized Secure Detention Facilities for Older Youth.
The Governor's Raise the Age (RTA) website now has a
Frequently Asked Questions page
covering four topics: (1) Funding; (2); Youth Detention Facilities; (3) Juvenile Justice Processes under RTA; and (4) Adolescent Offender Facilities. Below are a few of the FAQs.
How will the prosecution and defense of youth transition from the Youth Part to Family Court for removal cases?
The transition process for youth whose cases are removed from the Youth Part to Family Court will adhere to the same process that exists for 14- and 15-year-olds currently.
Will eligible counties be able to receive 100% funding for presentment agency costs associated with the additional Article 3 Family Court Act proceedings resulting from the Raise the Age legislation?
Yes, counties will receive 100% reimbursement for additional presentment agency costs (under RTA this refers to JDs prosecuted by a county attorney in cases outside of NYC or the Corporation Counsel for NYC cases, instead of the local District Attorney's office) incurred as a result of RTA. In certain circumstances, there may be a local share of these RTA costs if a county/NYC is unable to comply with the tax cap or demonstrate fiscal hardship as required in the RTA bill.
Will existing jails be permitted to house AOs [Adolescent Offenders]?
Counties will not be permitted to house AOs in existing jails that continue to serve individuals charged or sentenced as adults even if there is sight and sound separation between the populations. However, a county could choose to convert an existing jail to operate solely as a specialized secure juvenile detention facility.
Where will the newly created local specialized secure juvenile detention facilities for older youth be located?
The location of specialized secure juvenile detention facilities will be determined by the counties. OCFS [Office of Children and Family Services] and the Division of Criminal Justice Services will work collaboratively with the counties to review options for the location of the specialized secure juvenile detention facilities for older youth based on placement trends and bed projections. Counties are encouraged to partner with neighboring or contiguous counties to develop a regional approach to the creation of the local specialized secure juvenile detention facilities as each county will not need to create a new facility, but each county will need to have access to a facility in which to make placements.
Where will the newly-created facilities for Adolescent Offenders be located?
The newly-created AO facilities operated by the Department of Corrections and Community Supervision (DOCCS) will be located at Adirondack Correctional Facility in Essex County (operational October 1, 2018) and the former Groveland Annex in Livingston County (operational October 1, 2019). In addition to the newly created facilities, the Hudson Correctional Facility which is currently used to house incarcerated 16 and 17 year olds will transition to a AO facility. Hudson will be used as the reception center for all AOs received into DOCCS custody and will remain the only AO facility to house female AOs. Hudson will remain an Office of Mental Health and Medical Level 1 facility providing medical and mental health services 24 hours a day.
More information about the collocation of specialized secure juvenile detention facilities for older youth with juvenile secure detention facilities is available in a
from the Chair of the State Commission of Correction.
We continue to monitor developments regarding the interpretation and implementation of RTA. If you have any questions about RTA, please contact the Backup Center.