Two bills aim to bolster the rights of young New Yorkers during interrogations and after incarceration. The #Right2RemainSilent Act (S.878/A.2620) and the Youth Justice and Opportunities Act (S.4330).
Advocates of the #Right2RemainSilentAct met on the steps of Albany’s capitol building on February 11th, with determination to pass these bills in 2025.
Groups like the Youth Justice Network and the Children’s Defense Fund have been fighting for amendments to legal protections provided by the #Right2RemainSilent Act since 2023.
Similarly, they have been fighting for opportunities provided by the Youth Justice and Opportunities act since 2021. The #Right2RemainSilentAct, which began in the Children and Families Committee of the Assembly, was referred to the Codes Committee on March 25. It was also amended in the Senate on February 3.
Sponsored by Sen. Jamaal Bailey, D-Baychester, and Assembly member Andrew Hevesi, D-Forest Hills, the #Right2RemainSilentAct would ensure minors have legal counsel before police interrogations and prohibit officers from taking a minor into custody without notifying the child’s legal guardian.
“Scientific research has proven that adolescents lack the ability to understand their Miranda rights and to comprehend long-term consequences,” said co-sponsor Hevesi. Advocates also highlighted the importance of ensuring that body camera footage is checked to ensure that police follow the proper detaining procedures.
The Youth Justice and Opportunities Act, sponsored by Sen. Zellnor Myrie, D-Brooklyn, would expand alternatives to incarceration and allow record sealing for young adults ages 19-25. The bill builds on New York’s Youthful Offender law to improve access to employment, housing, and education post-incarceration.
This Act has sought to redefine “young adult” status, previously capped at age 19 under the Youthful Offender law, for four years. Citing scientific consensus that decision-making abilities continue developing into the mid-20s, the bill extends young adult classification to ages 19-25. It also expands the categories of cases where youthful offender status is mandatory rather than discretionary.
Andrew Hevesi advocating for the Right2RemainSilent Act in the Capitol building joined by Latrice M. Walker.
Advocacy groups, including the Youth Justice Network and the Children’s Defense Fund, filled the Capitol building with palpable energy in February. Patrick Edge, a policy planner for the Youth Justice Network, said, “I charge you to be urgent with these bills, to let the youth lead, to educate our youth rather than incriminate them.”
Many speakers, including formerly incarcerated individuals, shared how second chances transformed their lives. Three community leaders from the Youth Justice Network spoke about the impact of mentorship, stating that other young people deserve the same opportunity to “learn from their mistakes and better themselves.”
Assemblymember Latrice Walker, D-Brownsville, said, “Many of our children were counted out before they could ever drop in. My hope is that you inherit something better than we did from those before us.”
Jamie Case is a contributing writer and photographer for the Legislative Gazette, studying digital media production and journalism at SUNY New Paltz. She hopes to be a writer and producer of digital content.
