Senator Montgomery thanks Senator Andrea Stewart-Cousins, Leader of the Senate Democratic Conference; Assembly Speaker Carl Heastie; her colleagues in the Senate and Assembly; Governor Cuomo; Hazel Dukes, President of the President of the NAACP New York State Conference; Judges; members of the clergy and the thousands of advocates across the state who worked tirelessly to Raise the Age in New York State.  

"This is about all of us who have made this moment possible and I thank all of them."

"We have not done everything that I would have liked to have done, to have seen. But at least, we have changed the direction. We just have to continue looking at children as children." 

"We have pushed the boulder halfway up the mountain."

The Raise the Age budget agreement stipulates:

• Non-Criminal Violations charges (such as open container, marijuana, and disorderly conduct) would continue to be handled in the local criminal court having jurisdiction.
• All Misdemeanor charges would be handled in the Family Court. 
• All Vehicle and Traffic Law violations and crimes (ex. Drinking and Driving Offenses, and Reckless Driving) would remain in criminal court with no opportunity for removal.
• Establishes a new class of offenders named “Adolescent Offender” who is a 16 or 17 year old charged with a felony offense. 
• Adolescent Offender Facility will house 16 and 17 year olds who are serving a determinate or indeterminate sentence and shall be managed by DOCCS and OCFS assistance, and services or programs
• Youthful Offender status was NOT extended to 21 years of age as originally proposed.
• The bill expands the existing law requiring parental notification upon the arrest and/or interrogation of a juvenile to 16 and 17 year olds.
• The bill includes a new provision to allow certain non-violent convictions to be sealed upon application to the court and after a 10-year waiting period following completion of sentence.
• All Felony charges would begin in a newly established Youth Part of the Criminal Court.
• The Youth Part would have additional services and programming available.
• This new Youth Part will be presided over a Family Court Judge
• This act shall take effect on October 1, 2018 for 16 year olds.
• This act shall take effect on October 1, 2019 for 17 year olds.​
• The Governor will establish a council and designate the Chair of Council. The council will be established to assess the operation of the facility and shall the power to perform all acts necessary to carry out its duties including making unannounced visits and inspections of the facility at any time.  It will be comprised of the following Commissioners: Department of Corrections and Community Supervision, Office of Children and Family Services, State Commission of Correction and Division of Criminal Justice Services.                                                         

I am so appreciative of my colleagues in the Senate Democratic Conference for their support and their remarks on Raise the Age during last night's debate. To review the video clips of their remarks, click on the links:

Senator Andrea Stewart-Cousins, Leader of the Senate Democratic Conference: https://www.youtube.com/watch?v=dGueDqPWfw0&t=4s

Senator Jamaal T. Bailey - Ranking Minority Member on the NYS Crime Victims, Crime and Correction Committee:  https://www.youtube.com/watch?v=nOoXKFPdOlI&t=165s

Senator Gustavo Rivera: https://www.youtube.com/watch?v=OvW0pQTbaz8

Senator Roxanne J. Persaud: https://www.youtube.com/watch?v=UbLeTtJIJOI

Senator Kevin Parker: https://www.youtube.com/watch?v=zbT91ejFWgc

Senator James Sanders: https://www.youtube.com/watch?v=z96BLb1vc5k

Senator Leroy Comrie, Jr: https://www.youtube.com/watch?v=9O1az7dGBlU

Senator Martin Malavé Dilan: https://www.youtube.com/watch?v=E1HgJcFERjE

To watch additional clips of the budget debate, visit https://www.youtube.com/user/NYSenate/videos