R A I S E T H E A G E F L O W C H A R T

The diagram below shows how 16 and 17 year olds are now treated in the New York carceral system.

Case automatically goes to Family Court if DA does not file motion to try to retain the case in Criminal Court within 30 days.

Evaluated as part of a three-part test. If offense involves any one of the following, the case will remain in youth part:

If the DA files a motion in 30 days to prevent removal and shows extraordinary circumstances that warrant the case remaining in the criminal Youth Part. Passes

Judge Rules:

No Extraordinary Circumstances

(1) Significant Physical Injury

(2) Display of a Weapon

(3) Sex Offenses Fails

DA can consents to send failing case.

Extraordinary Circumstances

What happens when a young person (ages 7-17) is arrested for an offense that would be a misdemeanor or a felony, if they were an adult?

Release youth to parent/guardian

Question youth at judicially approved location or at youth's residence with consent of parent/ guardian

Bring youth to an ACS detention for intake, if Court is closed. Youth may be interviewed by probation and released to guardians or remain in detention and be transported to court the next day it is in session

Release youth to parent/guardian with a Family Court Appearance Ticket

Bring youth directly to Family Court, if in session, or to Youth Part of Criminal Court in certain cases (see Raise the Age).

The state designates youth as one of three statuses depending on the type of alleged offense and their age.

Aged 7-12 and charged with any offense

Aged 13-15 and charged with a misdemeanor or a non-violent felony

Aged 16-17 and charged with a misdemeanor

Under New York law, Juvenile Delinquents are not held criminally responsible for their actions by reason of "infancy."

Their cases can be thought of as civil proceedings, but certain elements of criminal procedure apply.