ALBANY — Legislators struck a deal on a new law that would make sure 16-and 17-year-olds aren’t treated like adults in criminal court.
The issue was largely responsible for stalled negotiations that contributed to the state budget being at least five days late. Lawmakers were expected to continue voting through Wednesday and possibly into Thursday on the budget plan.
Around midnight, they received a summary of the provision dealing with young people who are charged with crimes.
“All misdemeanors would go through family court,” said Sen. Patrick Gallivan, who played a key role in negotiating the bill. “Violent felonies would stay in a criminal court, youth part. All other felonies would go to family court unless the DA objected and that would have to meet a standard.”
Instead of relying on existing state laws that say it’s violent to rob someone by shoving them and grabbing their property, judges will first use a three-part test and the judgement to determine whether a youth crime is violent.
That test includes whether injuries were caused in the commission of their crimes, whether deadly weapons were used and whether the defendant committed a sexual crime.
District attorneys would also have leeway to argue that “extraordinary circumstances,” outside of the three factors warrant youth criminal court, instead of family court, sources said.
In some counties with tough district attorneys that could mean a large drug bust of a dealer whose stash has killed other teens in the community may be considered “extraordinary,” and therefor violent, sources said.
Finally, the provision requires 16-and 17-year-olds to be housed away from adult inmates — either in different facilities or in jails that manage to keep the populations completely separate at all times.