New York state has appropriated $1.71 billion through State Fiscal year (SFY) 2025 to help counties implement the provisions of the “Raise the Age” (RTA) law enacted in 2017, with $658.8 million disbursed so far, according to a report released today by State Comptroller Thomas P. DiNapoli.

RTA changed the age of criminal responsibility as an adult from 16- to 18-years-old. The law was phased in over two years. As a result, most 16- and 17-year-old offenders are now adjudicated through procedures in family court, rather than the adult criminal justice system, and can no longer be detained in county jails with adults or in state prisons.

“Under the Raise the Age law, counties implement the law locally and are reimbursed by the state for costs,” DiNapoli said. “Our analysis shows a recent uptick in spending, as county implementation progresses.”

Counties are reimbursed by the state for all new and ongoing costs associated with implementation of RTA. To qualify for reimbursement, counties must adhere to the state property tax cap (or be granted a hardship waiver) and submit an annual RTA work plan that identifies eligible costs to be reviewed by the state Office of Children and Family Services and the state Division of Criminal Justice Services before review and approval by the Division of the Budget. New York City does not participate in the reimbursement program and was therefore not included in the analysis.

As of SFY 2025, state appropriations for RTA included $160 million for capital expenses and $1.55 billion in local aid. Of the $160 million in capital appropriations, $48 million has been spent on projects to improve existing facilities or build new juvenile detention facilities, mostly in SFYs 2018 and 2019.

Beginning in SFY 2019, the state provided a $100 million appropriation to make local aid available to counties for reimbursable RTA expenses, including alternative to incarceration programs, mental health and substance abuse treatment, and other supportive programming designed to rehabilitate youth convicted of crimes. The Aid to Localities (ATL) appropriation increased to $200 million in SFY 2020 and to $250 million in each of the subsequent SFYs.

After the first two years, spending was comprised mostly of local grants to reimburse counties. Those funds totaled $468.5 million through SFY 2025.

In the aggregate, amounts counties have been approved to spend have been consistently below the level of annual appropriations. Reimbursements to counties grew from $56.6 million in SFY 2019 to $158 million in SFY 2024. In SFY 2024, the $158 million in approved spending was 63% of the available $250 million appropriation.

Social Services costs, which include personnel costs for case workers, RTA foster care, aftercare costs for RTA youth placements upon discharge, and other programming for certain rehabilitation and recidivism prevention costs, comprise the largest amount of spending in 44 counties. Overall, detention costs are the largest category of spending, but expenditures are primarily concentrated in the six counties that operate a facility, including Westchester, Erie, Onondaga, Monroe, Nassau and Albany counties.

Report
Spending on Raise the Age Programs in New York.