Advocates rallied at St. Mary’s Park on Oct. 23 to support two bills that would expand protections for young people affected by the criminal justice system.
The Youth Justice and Opportunities Act, sponsored by Sen. Zellnor Myrie of Brooklyn and co-sponsored by multiple Bronx senate and assembly members, would expand alternatives to incarceration and seal the criminal records of people under age 25.
The Right to Remain Silent Act — sponsored by state Sen. Jamaal Bailey, whose district includes parts of the northeast Bronx — would grant immediate legal counsel to arrested youth before they might waive their rights.
This type of legislation built around developmental science, which shows that the brain is not fully mature until around age 25, is long overdue in the state, advocates said.
“You would think New York would be on the cutting edge of legal reform for young people, but we’re not,” said Lisa Freeman, an attorney for the Legal Aid Society.
Freeman told the Bronx Times that arrested youth often waive their right to remain silent and may even falsely confess, believing it’s the quickest route to going back home. The Exonerated Five — the group of then-teenagers who falsely confessed to the 1981 rape of a woman in Central Park, only to have their convictions vacated in 2002 after serving full prison sentences — are a prime example of what can happen when young people don’t understand their rights, she said.
“It’s absurd that someone under 18 can’t buy a pack of cigarettes but can waive a constitutional right,” said Freeman.
If passed, the Right to Remain Silent Act would be fairly easy to implement with a toll-free hotline, said Freeman. California, Hawaii, Maryland and Washington have similar laws already on the books, and “New York is really behind the ball on this,” she said.
‘The chance at life’
The Youth Justice and Opportunities bill, abbreviated to “YJ& O,” would expand the age range for Youthful Offender (YO) Status, which judges can currently grant to people under age 19, allowing them to enter treatment programs instead of jail and sealing their criminal records. Under the legislation, a new “Young Adult” Status would be created for ages 19-25, along with other protections.
Kate Rubin of Youth Represent, which provides legal services to young people in the criminal justice system, said the bill is based on brain science and the fact that many people — even those charged with serious offenses — have great ability to grow and change as they mature, she said.
Instead of throwing the book at teens who do wrong, adults should also examine the societal shortfalls that led up to that behavior, said Rubin. “There’s a huge gap in services to meet young people’s basic needs.”
Youth themselves, especially those who have been affected by incarceration, are leading the way on advocacy in hopes of bringing each bill closer to a vote.
One of them is 19-year-old Angelique Williams of Highbridge, who is working with Youth Represent to promote YJ&O, a bill she said would “give youth the chance at life.”
Williams’ connection to the legislation is personal. She told the Bronx Times she got arrested at 16, charged with assault for defending herself against an older romantic partner who was abusive. “I was lost,” she said.
But Williams ended up working with Exalt Youth, a citywide program for 15- to 19-year-olds who have been incarcerated, which helped Williams get her life back on track and earn her GED. She also had support from Legal Aid lawyers, who called her mom daily to make sure she was doing okay — and that support made all the difference, said Williams.
She said too many young Bronxites are “curious and confused” and have a “stuck” mentality that sometimes leads to violent behavior. But throwing them in jail isn’t a good solution for anyone, she said.
“Prison is not even a place for adults to be. That’s the last place for a child to be,” said Williams.
Williams is now an advocate with Youth Represent and an afterschool teacher for a local nonprofit. She said she hopes the bill would give young people who get into trouble a chance to grow up, change their ways and become respected — not feared or looked down upon — by older adults.
“It’s going to allow people to look at kids in a different light,” said Williams.
Reach Emily Swanson at eswanson@schnepsmedia.com or (646) 717-0015. For more coverage, follow us on Twitter, Facebook and Instagram @bronxtimes