As advocacy efforts to raise the age of adult court from 16 (yes 16) to 18 in New York continue, Governor Andrew Cuomo announced his plan to give former youthful offenders a second chance by pardoning those who committed nonviolent crimes as youth but have since been law-abiding citizens. New York is one of just two states that prosecute both 16 and 17 year olds as adults, creating huge barriers for youth who must face the severe and lasting consequences of a choice made as a juvenile. Governor Cuomo’s plan would provide a certificate of rehabilitation, explaining that the individual has met the state’s requirements and is considered to be in good standing with the state, to those who were convicted of a nonviolent crime at age 16 or 17 but have not had additional law violations for at least ten years.

Although the crime will remain on the individual’s record, the certificate of rehabilitation will make it easier for former offenders to access housing, education, and employment. Governor Cuomo’s plan is consistent with research that shows that brain development continues into young adulthood and recognizes that prosecuting youth in adult court can lead to very poor outcomes.

We congratulate Governor Cuomo for taking this step – albeit limited. We expect New York to eventually raise the age of adult court – and, we are not holding out hope that there will be any comparable executive action here in Wisconsin. Rather, we continue to push forward the effort to raise the age of adult jurisdiction here to 18 for first-time, non-violent 17-year-olds.
By Karisssa Propson and Jim Moeser