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S04489 Summary:

BILL NO    S04489A

SAME AS    SAME AS A07553-A

SPONSOR    NOZZOLIO

COSPNSR    GRISANTI, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY

MLTSPNSR   

Amd SS1.10, 1.20, 160.10, 160.20 & 725.00, add Art 155 SS155.00 - 155.20 & Art
722 SS722.00 - 722.60, CP L; amd SS243 & 502, Exec L; amd S212, add Art 21-C
SS849-l - 849-o, Judy L; amd S30.00, Pen L

Relates to the age of criminal responsibility.
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S04489 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4489--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     April 3, 2013
                                      ___________

       Introduced  by Sens. NOZZOLIO, GRISANTI, HASSELL-THOMPSON -- (at request
         of the Office of Court  Administration)  --  read  twice  and  ordered
         printed, and when printed to be committed to the Committee on Codes --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the criminal procedure law, the executive law, the judi-
         ciary law and the penal law,  in  relation  to  the  age  of  criminal
         responsibility

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Legislative  findings.  (a)  The  legislature  finds  and
    2  declares  that,  each  year,  roughly  40,000  youths aged 16 and 17 are
    3  arrested in New York and prosecuted as adults in  its  criminal  courts,
    4  overwhelmingly  for  non-felony  offenses. As many studies over the past
    5  decade have shown, however, the adult criminal justice system  does  not
    6  effectively  respond  to  teenage  criminal  behavior.  It is costly and
    7  largely ill-suited to the challenges such crime  presents.  Accordingly,
    8  this  measure  aims to provide a distinctly new, more effective response
    9  to teenage criminal behavior.
   10    Modern behavioral neuroscience confirms that the brains  of  teenagers
   11  are  not  yet  matured;  they  lack impulse control and can neither make
   12  fully-reasoned judgments nor weigh the risks and consequences  of  their
   13  behavior.  It is now understood that teenage offenders should be treated
   14  differently from older criminals  because  their  offenses  are  not  as
   15  "morally  reprehensible  as that of an adult." Moreover, as other states
   16  nationwide have learned, and as the legislature now recognizes,  teenag-
   17  ers  are better candidates for rehabilitation and more likely to benefit
   18  from alternatives-to-incarceration programs and locally-based  services.
   19  Experience  in  other  states  has  shown  that recidivism among teenage
   20  offenders drops markedly when the latter are  treated  with  appropriate
   21  intervention  programs  and  services designed for teenagers rather than

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08997-02-3
       S. 4489--A                          2

    1  with adult criminal sanctions. Indeed, where such programs and  services
    2  are  utilized, all involved can benefit: the affected teenagers, many of
    3  whom can thereby be steered away from a life of crime, and  the  public,
    4  which,  where  these  programs  and  services succeed, can be spared the
    5  consequences and costs of such a life upon the community.
    6    This is not to say that 16- and 17-year-old offenders who commit seri-
    7  ous offenses should not be held responsible  for  their  actions.  While
    8  they  may  not  be  adults  with  fully mature minds, they should not be
    9  entirely relieved of  the  potentially  serious  consequences  of  their
   10  behavior.    Echoing this view, the United States Supreme Court has held
   11  that, even while young offenders ought not be  held  to  adult  criminal
   12  justice  penalties,  they are not to be altogether absolved of responsi-
   13  bility for their actions.
   14    After considering the options available,  the  legislature  finds  and
   15  declares that, at the present time and given present resources, the most
   16  effective  way  of balancing the limits and needs of non-violent 16- and
   17  17-year-old offenders with  community  needs  and  relevant  penological
   18  considerations  is  to  decriminalize  their offenses and to establish a
   19  specialized forum within the state's  superior  courts  in  which  those
   20  offenses  may  be  addressed,  a  forum that blends features of criminal
   21  court and family court in a  youth  division  of  adult  criminal  court
   22  presided  over  by  judges  specially trained in adolescent development,
   23  child psychology and therapeutic approaches to child pathology and juve-
   24  nile crime. In such fashion, young offenders can  be  afforded  benefits
   25  ideally  suited  to  their youth and developmental status, benefits that
   26  are an integral aspect of  juvenile  delinquency  proceedings  to  which
   27  younger  offenders  are  subject in family court. These benefits include
   28  ensuring that 16- and 17-year-old offenders will not be stigmatized with
   29  criminal convictions and helping them confront the problems giving  rise
   30  to their offenses with programmatic intervention outside the traditional
   31  criminal  justice  environment.   This measure would establish the youth
   32  division of superior court and prescribe the special  procedures  neces-
   33  sary to its operation.
   34    (b)  Recognizing the difficulties already experienced by local govern-
   35  ments in meeting the needs of effective criminal  and  juvenile  justice
   36  systems,  the  legislature  further  finds  and  declares that it is the
   37  purpose of this act to reform the state's system for  handling  16-  and
   38  17-year-old  offenders  without  imposing  any additional fiscal burdens
   39  upon county and city governments.
   40    S 2. Subdivision 1 of section 1.10 of the criminal  procedure  law  is
   41  amended to read as follows:
   42    1.  The provisions of this chapter apply exclusively to:
   43    (a)   All criminal actions and proceedings commenced upon or after the
   44  effective  date  thereof  and  all  appeals  and   other   post-judgment
   45  proceedings relating or attaching thereto; [and]
   46    (b)    All  matters  of  criminal procedure prescribed in this chapter
   47  which do not constitute a part of any particular action or case,  occur-
   48  ring upon or after such effective date; AND
   49    (C)  ALL  ACTIONS  AND  PROCEEDINGS COMMENCED PURSUANT TO THIS CHAPTER
   50  AGAINST PERSONS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO ARE NOT CRIMINALLY
   51  RESPONSIBLE FOR THE OFFENSES CHARGED IN SUCH ACTIONS AND PROCEEDINGS.
   52    S 3. Section 1.20 of the criminal procedure law is amended by adding a
   53  new subdivision 44 to read as follows:
   54    44. "YOUTH DIVISION OFFENSE" MEANS A FELONY OR MISDEMEANOR, OTHER THAN
   55  A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION  70.02
   56  OF  THE  PENAL LAW OR ANY OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION
       S. 4489--A                          3

    1  EIGHTEEN OF SECTION 10.00 OF SUCH LAW, WHERE SUCH PERSON  WAS  AT  LEAST
    2  SIXTEEN  YEARS  OLD  AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF THE
    3  ALLEGED OFFENSE.
    4    S 4. The criminal procedure law is amended by adding a new article 155
    5  to read as follows:
    6                                 ARTICLE 155
    7               ARREST OF PERSONS AGED SIXTEEN OR SEVENTEEN AT
    8                      THE TIME THE OFFENSE IS COMMITTED
    9  SECTION 155.00 APPLICABILITY.
   10          155.10 PROCEDURES UPON ARREST.
   11          155.20 SPECIAL APPEARANCE TICKET.
   12  S 155.00 APPLICABILITY.
   13    THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO THE ARREST BY AN OFFICER
   14  OF  A PERSON FOR A YOUTH DIVISION OFFENSE. FOR PURPOSES OF THIS ARTICLE,
   15  THE WORD "OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER.
   16  S 155.10 PROCEDURES UPON ARREST.
   17    1. UPON THE ARREST OF A PERSON  FOR  A  YOUTH  DIVISION  OFFENSE,  THE
   18  ARRESTING  OFFICER  MUST  IMMEDIATELY  NOTIFY THE PARENT OR OTHER PERSON
   19  LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S CARE OR, IF  SUCH  LEGALLY
   20  RESPONSIBLE  PERSON  IS  UNAVAILABLE,  THE PERSON WITH WHOM THE ARRESTED
   21  PERSON RESIDES, OF THE ARREST.  AFTER  MAKING  A  REASONABLE  EFFORT  TO
   22  PROVIDE SUCH NOTIFICATION, THE OFFICER MUST:
   23    (A) RELEASE THE ARRESTED PERSON TO THE CUSTODY OF HIS OR HER PARENT OR
   24  OTHER  PERSON  LEGALLY RESPONSIBLE FOR HIS OR HER CARE UPON THE ISSUANCE
   25  OF A SPECIAL APPEARANCE TICKET IN ACCORDANCE WITH SECTION 155.20 TO  THE
   26  ARRESTED PERSON WITH A COPY THEREOF TO THE PERSON TO WHOSE CUSTODY HE OR
   27  SHE IS RELEASED; OR
   28    (B)  WHERE EFFORTS TO REACH A PARENT OR OTHER PERSON LEGALLY RESPONSI-
   29  BLE FOR THE ARRESTED PERSON'S CARE HAVE BEEN UNSUCCESSFUL,  RELEASE  THE
   30  ARRESTED  PERSON  UPON  THE  ISSUANCE OF A SPECIAL APPEARANCE TICKET, IN
   31  WHICH EVENT THE OFFICER SHALL MAIL A COPY  OF  SUCH  APPEARANCE  TICKET,
   32  WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE, TO SUCH PARENT OR OTHER PERSON
   33  LEGALLY RESPONSIBLE; OR
   34    (C)  WITHOUT  UNNECESSARY  DELAY, TAKE THE ARRESTED PERSON DIRECTLY TO
   35  THE YOUTH DIVISION OF SUPERIOR COURT IN THE COUNTY IN WHICH THE  ALLEGED
   36  OFFENSE WAS COMMITTED UNLESS THE OFFICER DETERMINES THAT IT IS NECESSARY
   37  TO  QUESTION THE ARRESTED PERSON, IN WHICH CASE THE OFFICER MAY TAKE HIM
   38  OR HER TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
   39  AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT
   40  OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  CARE  OF  THE
   41  ARRESTED  PERSON,  TO THE ARRESTED PERSON'S RESIDENCE AND THERE QUESTION
   42  HIM OR HER FOR A REASONABLE PERIOD OF TIME.
   43  NOTWITHSTANDING THE FOREGOING, WHERE IT APPEARS THAT THE ARRESTED PERSON
   44  IS A SEXUALLY-EXPLOITED CHILD UNDER THE AGE OF EIGHTEEN  AS  DEFINED  IN
   45  SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED FORTY-SEVEN-A OF THE SOCIAL
   46  SERVICES LAW, THE ARRESTING OFFICER SHALL TAKE THE ARRESTED PERSON TO AN
   47  AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF SUCH PERSON CONSENTS TO  BE
   48  TAKEN.
   49    2. AN ARRESTED PERSON SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION
   50  UNLESS  HE  OR SHE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS
   51  SECTION, IF PRESENT, HAVE BEEN ADVISED OF THE ARRESTED PERSON'S RIGHT TO
   52  REMAIN SILENT, THAT ANY STATEMENTS MADE BY THE ARRESTED PERSON COULD  BE
   53  USED  IN  A COURT OF LAW, THAT THE ARRESTED PERSON HAS THE RIGHT TO HAVE
   54  AN ATTORNEY PRESENT AT SUCH QUESTIONING, AND THAT IF THE ARRESTED PERSON
   55  CANNOT AFFORD AN ATTORNEY, ONE WILL  BE  PROVIDED  FREE  OF  CHARGE.  IN
   56  DETERMINING  WHETHER  THE  ARRESTED  PERSON  KNOWINGLY AND INTELLIGENTLY
       S. 4489--A                          4

    1  WAIVED ANY OF THESE RIGHTS, A COURT MAY CONSIDER, AMONG  OTHER  RELEVANT
    2  FACTORS,  THE  ARRESTED  PERSON'S AGE, THE PRESENCE OR ABSENCE OF HIS OR
    3  HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER  CARE  AND
    4  WHETHER  THERE  HAS BEEN NOTIFICATION OF THE PERSON REQUIRED TO BE NOTI-
    5  FIED PURSUANT TO THIS SECTION.
    6  S 155.20 SPECIAL APPEARANCE TICKET.
    7    1. DEFINITION, FORM AND CONTENT. A  SPECIAL  APPEARANCE  TICKET  IS  A
    8  WRITTEN NOTICE ISSUED AND SUBSCRIBED BY AN OFFICER OR OTHER PUBLIC SERV-
    9  ANT  AUTHORIZED  BY  STATE  LAW  OR  LOCAL  LAW  ENACTED PURSUANT TO THE
   10  PROVISIONS OF THE MUNICIPAL HOME RULE LAW TO ISSUE THE SAME, DIRECTING A
   11  DESIGNATED PERSON TO APPEAR AT THE PROBATION SERVICE FOR THE  COUNTY  IN
   12  WHICH THE OFFENSE OR OFFENSES FOR WHICH THE SPECIAL APPEARANCE TICKET IS
   13  ISSUED  WERE  ALLEGEDLY COMMITTED. A SPECIAL APPEARANCE TICKET, THE FORM
   14  OF WHICH SHALL BE PRESCRIBED BY RULES OF THE CHIEF ADMINISTRATOR OF  THE
   15  COURTS,  IS  NOT AN APPEARANCE TICKET AS PROVIDED IN ARTICLE ONE HUNDRED
   16  FIFTY AND THE PROVISIONS OF SUCH ARTICLE DO NOT APPLY TO IT.
   17    2. WHEN AND BY WHOM ISSUED. WHENEVER AN OFFICER  MAKES  AN  ARREST  TO
   18  WHICH  THIS ARTICLE APPLIES, SUCH OFFICER MAY, SUBJECT TO THE PROVISIONS
   19  OF THIS ARTICLE, ISSUE AND SERVE A SPECIAL APPEARANCE  TICKET  UPON  THE
   20  ARRESTED PERSON.
   21    3.  FILING  WITH  THE  PROBATION SERVICE. WHENEVER AN OFFICER ISSUES A
   22  SPECIAL APPEARANCE TICKET PURSUANT TO THIS ARTICLE, HE  OR  SHE,  WITHIN
   23  TWENTY-FOUR  HOURS,  MUST  FILE  OR  CAUSE  TO  BE FILED A COPY WITH THE
   24  PROBATION SERVICE TO WHICH THE SPECIAL APPEARANCE TICKET  IS  RETURNABLE
   25  AND  SHALL  FORWARD  A COPY TO THE COMPLAINANT AND THE ARRESTED PERSON'S
   26  PARENT.
   27    4. FAILURE TO APPEAR AT THE PROBATION SERVICE. IF, AFTER  RECEIVING  A
   28  SPECIAL  APPEARANCE  TICKET,  A  PERSON FAILS TO APPEAR AT THE PROBATION
   29  SERVICE AT THE TIME SUCH SPECIAL APPEARANCE TICKET IS RETURNABLE, OR  IF
   30  THE  COMPLAINANT  WHO  RECEIVED A COPY OF SUCH SPECIAL APPEARANCE TICKET
   31  FAILS TO APPEAR AT SUCH TIME,  THE  PROBATION  SERVICE  MAY  ATTEMPT  TO
   32  SECURE  THE  ATTENDANCE OF SUCH PERSON OR SUCH COMPLAINANT, AS APPROPRI-
   33  ATE, THROUGH WRITTEN, TELEPHONIC OR  ELECTRONIC  NOTIFICATION.  IF  SUCH
   34  NOTIFICATION IS UNSUCCESSFUL, OR IF NO EFFORTS AT NOTIFICATION ARE MADE,
   35  THE  PROBATION SERVICE, NOT LATER THAN SEVEN DAYS FOLLOWING THE TIME THE
   36  SPECIAL APPEARANCE TICKET  WAS  RETURNABLE,  MUST  NOTIFY  THE  DISTRICT
   37  ATTORNEY  WHO  MAY THEREUPON TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE,
   38  IN HIS OR HER DISCRETION, THE FILING OF AN  ACCUSATORY  INSTRUMENT  WITH
   39  THE YOUTH DIVISION OF THE SUPERIOR COURT. UPON SUCH FILING OF AN ACCUSA-
   40  TORY  INSTRUMENT, THE YOUTH DIVISION MAY ISSUE A SUMMONS OR A WARRANT OF
   41  ARREST TO COMPEL THE ATTENDANCE OF THE PERSON WHO RECEIVED  THE  SPECIAL
   42  APPEARANCE  TICKET  BEFORE THE COURT AND, WHERE IT DOES SO AND WHERE THE
   43  PERSON FAILED TO APPEAR AT  THE  PROBATION  SERVICE  AT  THE  TIME  SUCH
   44  SPECIAL  APPEARANCE  TICKET  WAS  RETURNABLE,  THE  YOUTH DIVISION SHALL
   45  REQUIRE THAT A REPORT BE MADE TO THE YOUTH DIVISION WITHIN  THIRTY  DAYS
   46  ON  THE  EFFORTS  MADE  TO SECURE SUCH ATTENDANCE.  UPON RECEIPT OF SUCH
   47  REPORT, THE COURT SHALL  NOTIFY  THE  PARENT  OR  OTHER  PERSON  LEGALLY
   48  RESPONSIBLE FOR CARE OF THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT
   49  OR,  IF  SUCH LEGALLY RESPONSIBLE PERSON IS NOT AVAILABLE, A PERSON WITH
   50  WHOM THE PERSON CHARGED  IN  SUCH  ACCUSATORY  INSTRUMENT  RESIDES,  AND
   51  REQUEST  THAT  SUCH  PERSON  OR  OTHER LEGALLY RESPONSIBLE PERSON APPEAR
   52  BEFORE THE COURT.
   53    S 5. Section 160.10 of the criminal procedure law is amended by adding
   54  a new subdivision 1-a to read as follows:
   55    1-A. THE PROVISIONS OF PARAGRAPHS (B) THROUGH (D) OF  SUBDIVISION  ONE
   56  OF  THIS  SECTION SHALL NOT APPLY WHERE THE ARRESTED PERSON OR DEFENDANT
       S. 4489--A                          5

    1  WAS SIXTEEN OR SEVENTEEN YEARS  OF  AGE  AT  THE  TIME  OF  THE  ALLEGED
    2  OFFENSE.
    3    S 6. Section 160.20 of the criminal procedure law, as amended by chap-
    4  ter 108 of the laws of 1973, is amended to read as follows:
    5  S 160.20 Fingerprinting; forwarding of fingerprints.
    6    1.  Upon the taking of fingerprints of an arrested person or defendant
    7  as prescribed in section 160.10, the appropriate police officer or agen-
    8  cy must without unnecessary delay forward two  copies  of  such  finger-
    9  prints to the division of criminal justice services.
   10    2.  (A)  UPON RECEIPT OF FINGERPRINTS TAKEN PURSUANT TO SECTION 160.10
   11  WHERE THE PERSON FROM WHOM THEY WERE  TAKEN  WAS  SIXTEEN  OR  SEVENTEEN
   12  YEARS  OF  AGE  AT  THE  TIME OF THE ALLEGED OFFENSE OR OFFENSES, ALL OF
   13  WHICH ARE YOUTH DIVISION OFFENSES,  THE  DIVISION  OF  CRIMINAL  JUSTICE
   14  SERVICES  SHALL  RETAIN  SUCH  FINGERPRINTS DISTINCTLY IDENTIFIABLE FROM
   15  ADULT CRIMINAL RECORDS EXCEPT AS PROVIDED IN SECTION 722.50,  AND  SHALL
   16  NOT  RELEASE  SUCH FINGERPRINTS TO A FEDERAL DEPOSITORY OR TO ANY PERSON
   17  EXCEPT AS AUTHORIZED BY THIS CHAPTER. THE COMMISSIONER OF  THE  DIVISION
   18  OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE REGULATIONS TO PROTECT THE
   19  CONFIDENTIALITY  OF  SUCH  FINGERPRINTS  AND  RELATED INFORMATION AND TO
   20  PREVENT ACCESS THERETO, BY, AND THE DISTRIBUTION THEREOF TO, PERSONS NOT
   21  AUTHORIZED BY LAW.
   22    (B) UPON RECEIPT  OF  SUCH  FINGERPRINTS,  THE  DIVISION  OF  CRIMINAL
   23  JUSTICE SERVICES SHALL CLASSIFY THEM AND SEARCH ITS RECORDS FOR INFORMA-
   24  TION  CONCERNING A PREVIOUS RECORD OF THE PERSON ARRESTED, INCLUDING ANY
   25  FAMILY COURT  ADJUDICATION  OR  PENDING  MATTER  INVOLVING  SUCH  PERSON
   26  ARRESTED. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY TRAN-
   27  SMIT TO SUCH FORWARDING OFFICER OR AGENCY A REPORT CONTAINING ANY INFOR-
   28  MATION  ON  FILE WITH RESPECT TO SUCH PERSON'S PREVIOUS RECORD OR FAMILY
   29  COURT ADJUDICATIONS AND PENDING MATTERS OR A  REPORT  STATING  THAT  THE
   30  PERSON ARRESTED HAS NO PREVIOUS RECORD ACCORDING TO ITS FILES.  NOTWITH-
   31  STANDING  THE FOREGOING, WHERE THE DIVISION OF CRIMINAL JUSTICE SERVICES
   32  HAS NOT RECEIVED DISPOSITION INFORMATION WITHIN TWO YEARS OF AN  ARREST,
   33  IT  SHALL,  UNTIL  SUCH  INFORMATION OR UP-TO-DATE STATUS INFORMATION IS
   34  RECEIVED, WITHHOLD THE RECORD OF THAT ARREST AND ANY RELATED ACTIVITY IN
   35  DISSEMINATING CRIMINAL HISTORY INFORMATION.
   36    S 7. The criminal procedure law is amended by adding a new article 722
   37  to read as follows:
   38                                 ARTICLE 722
   39             PROCEEDINGS AGAINST SIXTEEN AND SEVENTEEN YEAR OLDS
   40     AND CERTAIN OTHER INDIVIDUALS; ESTABLISHMENT OF YOUTH DIVISION AND
   41                             RELATED PROCEDURES
   42  SECTION 722.00 ADJUSTMENT BY PROBATION SERVICE.
   43          722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
   44          722.20 YOUTH DIVISION; PROCEDURES PRIOR TO  A  DETERMINATION  OF
   45                   GUILT.
   46          722.30 YOUTH  DIVISION;  SPECIAL  PROCEDURES FOLLOWED IN CERTAIN
   47                   PROCEEDINGS AGAINST CERTAIN OFFENDERS; REMOVAL TO FAMI-
   48                   LY COURT.
   49          722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING  A  DETERMI-
   50                   NATION OF GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR
   51                   SEVENTEEN YEARS OLD AT THE TIME OF OFFENSE.
   52          722.50 YOUTH  DIVISION;  DISPOSITION OF RECORDS UPON TERMINATION
   53                   OF ACTIONS OR PROCEEDINGS.
   54          722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
   55  S 722.00 ADJUSTMENT BY PROBATION SERVICE.
       S. 4489--A                          6

    1    1. THE PROBATION SERVICE SHALL MAKE ALL REASONABLE EFFORTS  TO  ADJUST
    2  ANY OFFENSE FOR WHICH A PERSON HAS BEEN ARRESTED:
    3    (A)  UPON  THE APPEARANCE OF SUCH PERSON BEFORE SUCH PROBATION SERVICE
    4  IN COMPLIANCE WITH A SPECIAL APPEARANCE TICKET ISSUED PURSUANT TO  ARTI-
    5  CLE ONE HUNDRED FIFTY-FIVE; OR
    6    (B)  PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT WHERE SUCH PERSON
    7  WAS ARRESTED FOR A YOUTH DIVISION OFFENSE, AND (I) NO SPECIAL APPEARANCE
    8  TICKET WAS ISSUED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OR  (II)  A
    9  SPECIAL  APPEARANCE TICKET WAS ISSUED BUT THE PERSON FAILED TO APPEAR AT
   10  THE PROBATION SERVICE WHEN REQUIRED TO DO SO; OR
   11    (C) AS ORDERED BY THE COURT.
   12    NOTHING IN THIS SECTION SHALL PREVENT THE COMPLAINANT FROM  REQUESTING
   13  THAT  THE  DISTRICT ATTORNEY COMMENCE A CRIMINAL ACTION AGAINST A PERSON
   14  WHO HAS BEEN ARRESTED FOR  AN  OFFENSE  OR  OFFENSES  THAT  A  PROBATION
   15  SERVICE  IS  ATTEMPTING  TO  ADJUST  PURSUANT TO THIS SECTION WHILE SUCH
   16  EFFORTS TO ADJUST ARE ONGOING.
   17    2. (A) IN PURSUIT OF SUCH  ADJUSTMENT,  THE  PROBATION  SERVICE  SHALL
   18  CONFER  WITH  THE ARRESTED PERSON; HIS OR HER PARENT OR PARENTS OR OTHER
   19  PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE; THE COMPLAIN-
   20  ANT; AND ANY OTHER INTERESTED PERSONS. THE PROBATION  SERVICE  ALSO  MAY
   21  DIRECT  THE ARRESTED PERSON TO COMPLY WITH CERTAIN CONDITIONS (WHICH MAY
   22  INCLUDE RESTITUTION OR REPARATION, IF APPROPRIATE)  AND  PARTICIPATE  IN
   23  DESIGNATED  PROGRAMS.  IF, FOLLOWING SUCH EFFORTS, THE PROBATION SERVICE
   24  DETERMINES THAT THE OFFENSE OR OFFENSES FOR WHICH SUCH PERSON  HAS  BEEN
   25  ARRESTED  SHOULD  BE  ADJUSTED,  THE PROBATION SERVICE SHALL ADJUST SUCH
   26  OFFENSE OR OFFENSES AND SHALL SO NOTIFY THE ARRESTED PERSON, HIS OR  HER
   27  PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
   28  ARRESTED  PERSON'S  CARE, THE COMPLAINANT, THE DISTRICT ATTORNEY AND THE
   29  CLERK OF THE YOUTH DIVISION. UPON ADJUSTMENT OF AN OFFENSE HEREUNDER, NO
   30  FURTHER ACTION MAY BE TAKEN AGAINST  THE  ARRESTED  PERSON  INVOLVED  IN
   31  RELATION TO SUCH OFFENSE OR OFFENSES PURSUANT TO THIS CHAPTER.
   32    (B)  THE  FACT  THAT  A  PERSON  IS  DETAINED  SHALL  NOT PROHIBIT THE
   33  PROBATION SERVICE FROM ADJUSTING AN OFFENSE OR OFFENSES FOR  WHICH  SUCH
   34  PERSON WAS ARRESTED.
   35    3.  (A)  FOLLOWING  EFFORTS  TO  ADJUST A CRIMINAL OFFENSE OR OFFENSES
   36  UNDER THIS SECTION, WHICH SHALL NOT TAKE LONGER THAN TWO MONTHS  WITHOUT
   37  COURT PERMISSION (OR SUCH GREATER PERIOD AS THE COURT MAY PERMIT, NOT TO
   38  EXCEED AN ADDITIONAL TWO MONTHS), THE PROBATION SERVICE MUST:
   39    (I)  ADJUST  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES, IN WHICH EVENT THE
   40  PROBATION SERVICE MUST SO NOTIFY THE DISTRICT ATTORNEY, THE YOUTH  DIVI-
   41  SION,  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
   42  EACH APPROPRIATE POLICE DEPARTMENT  AND  OTHER  LAW  ENFORCEMENT  AGENCY
   43  WHEREUPON  THEY SHALL SEAL ALL RECORDS OF THE ARREST FOR SUCH OFFENSE OR
   44  OFFENSES, AND DESTROY ANY PALMPRINTS OR FINGERPRINTS IN THEIR POSSESSION
   45  OR CONTROL THAT WERE TAKEN FROM THE PERSON  WHOSE  OFFENSE  OR  OFFENSES
   46  WERE  ADJUSTED WHEN HE OR SHE WAS ARRESTED FOR SUCH OFFENSE OR OFFENSES;
   47  OR
   48    (II) NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PROBATION
   49  SERVICE IS LOCATED, WITHIN FORTY-EIGHT HOURS  OR  THE  NEXT  COURT  DAY,
   50  WHICHEVER  IS  LATER,  THAT  EFFORTS  TO ADJUST SUCH CRIMINAL OFFENSE OR
   51  OFFENSES HAVE FAILED. UPON RECEIPT OF SUCH  NOTIFICATION,  THE  DISTRICT
   52  ATTORNEY  MAY  TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, IN HIS OR HER
   53  DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH THE YOUTH  DIVI-
   54  SION.
   55    (B)  WHERE  THE  PROBATION SERVICE ADJUSTS THE OFFENSE OR OFFENSES FOR
   56  WHICH A PERSON HAS BEEN ARRESTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARA-
       S. 4489--A                          7

    1  GRAPH  (A) OF THIS SUBDIVISION, AND SUCH PERSON IS DETAINED AT THE TIME,
    2  THE PROBATION SERVICE SHALL NOTIFY THE FACILITY IN WHICH SUCH PERSON  IS
    3  DETAINED TO RELEASE SUCH PERSON.
    4    (C)  UPON THE FAILURE OF A PERSON TO COMPLY WITH ANY CONDITION IMPOSED
    5  BY THE PROBATION SERVICE PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
    6  THE PROBATION SERVICE MAY REIMPOSE SUCH CONDITION, IMPOSE NEW CONDITIONS
    7  OR  DETERMINE  THAT  ALL  REASONABLE  EFFORTS  TO  ADJUST THE OFFENSE OR
    8  OFFENSES HAVE FAILED AND PROCEED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF
    9  PARAGRAPH (A) OF THIS SUBDIVISION.
   10    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  PROBATION  SERVICE
   11  SHALL  NOT  TRANSMIT  OR OTHERWISE DISCLOSE TO THE DISTRICT ATTORNEY ANY
   12  STATEMENT MADE BY AN ARRESTED PERSON TO A PROBATION OFFICER,  NOR  SHALL
   13  ANY STATEMENT OF AN ARRESTED PERSON MADE TO THE PROBATION SERVICE IN THE
   14  COURSE  OF  EFFORTS PURSUANT TO THIS SECTION AT ADJUSTMENT OF A CRIMINAL
   15  OFFENSE OR OFFENSES BE ADMITTED INTO EVIDENCE IN ANY CRIMINAL ACTION  OR
   16  PROCEEDING  AGAINST  SUCH  PERSON  OR  IN ANY OTHER ACTION OR PROCEEDING
   17  AGAINST SUCH PERSON IN THE  YOUTH  DIVISION.    HOWEVER,  THE  PROBATION
   18  SERVICE  MAY  MAKE  A  RECOMMENDATION REGARDING ADJUSTMENT OF A CRIMINAL
   19  OFFENSE OR OFFENSES TO THE DISTRICT ATTORNEY AND PROVIDE  SUCH  INFORMA-
   20  TION,  INCLUDING  ANY REPORT MADE BY THE ARRESTING OFFICER AND RECORD OF
   21  PREVIOUS ADJUSTMENTS AND ARRESTS AS IT SHALL DEEM RELEVANT.
   22    5. WHERE THE PROBATION SERVICE ADJUSTS A CRIMINAL OFFENSE OR  OFFENSES
   23  UNDER THIS SECTION AFTER AN ACCUSATORY INSTRUMENT CHARGING SUCH CRIMINAL
   24  OFFENSE  OR  OFFENSES  HAS  BEEN  FILED WITH OR TRANSFERRED TO THE YOUTH
   25  DIVISION, THE YOUTH  DIVISION,  UPON  NOTIFICATION  OF  SUCH  ADJUSTMENT
   26  PURSUANT  TO  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
   27  THIS SECTION, MUST DISMISS SUCH ACCUSATORY INSTRUMENT PURSUANT TO  PARA-
   28  GRAPH  (G)  OF  SUBDIVISION  ONE  OF  SECTION 170.30 OR PARAGRAPH (I) OF
   29  SUBDIVISION ONE OF SECTION 210.20, AS APPROPRIATE, AS IF  A  MOTION  FOR
   30  SUCH DISMISSAL HAD BEEN MADE BY DEFENDANT THEREUNDER.
   31    6.  FOLLOWING  CONSULTATION WITH THE DIVISION OF PROBATION AND CORREC-
   32  TIONAL ALTERNATIVES, THE NEW YORK STATE  ASSOCIATION  OF  COUNTIES,  THE
   33  COUNCIL  OF PROBATION ADMINISTRATORS, THE NEW YORK STATE DISTRICT ATTOR-
   34  NEYS' ASSOCIATION AND THE STATE DEFENDERS' ASSOCIATION, THE CHIEF ADMIN-
   35  ISTRATOR OF THE COURTS SHALL PROMULGATE PROCEDURES TO BE FOLLOWED  BY  A
   36  PROBATION  SERVICE IN DISCHARGE OF ITS RESPONSIBILITIES PURSUANT TO THIS
   37  SECTION.  SUCH RULES ALSO SHALL PRESCRIBE STANDARDS TO  BE  FOLLOWED  IN
   38  DETERMINING  WHETHER  A  CRIMINAL  OFFENSE  OR  OFFENSES MAY BE ADJUSTED
   39  PURSUANT TO THIS SECTION.
   40  S 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
   41    THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
   42  IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES  CRIMINAL
   43  JURISDICTION,  A  PART OF COURT TO BE KNOWN AS THE YOUTH DIVISION OF THE
   44  SUPERIOR COURT FOR THE COUNTY  IN  WHICH  SUCH  COURT  PRESIDES.  JUDGES
   45  PRESIDING  IN  THE  YOUTH DIVISION SHALL RECEIVE TRAINING IN SPECIALIZED
   46  AREAS, INCLUDING, BUT  NOT  LIMITED  TO,  JUVENILE  JUSTICE,  ADOLESCENT
   47  DEVELOPMENT  AND  EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS-
   48  SION BY ADOLESCENTS.  WHERE THE PROVISIONS OF THE FAMILY COURT  ACT  ARE
   49  INCLUDED  OR  INCORPORATED BY REFERENCE IN THIS ARTICLE, THE YOUTH DIVI-
   50  SION MAY CONSIDER JUDICIAL INTERPRETATIONS OF  SUCH  PROVISIONS  TO  THE
   51  EXTENT  THAT  THEY  MAY  ASSIST  THE  YOUTH DIVISION IN INTERPRETING THE
   52  PROVISIONS OF THIS CHAPTER.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
   53  THREE OF SECTION 722.20, THE YOUTH DIVISION SHALL HAVE:
   54    1. EXCLUSIVE PRELIMINARY AND TRIAL JURISDICTION OF ALL YOUTH  DIVISION
   55  OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT;
       S. 4489--A                          8

    1    2.  PRELIMINARY AND TRIAL JURISDICTION, CONCURRENT WITH LOCAL CRIMINAL
    2  COURTS, OF ALL OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT THAT CHARG-
    3  ES A PERSON WITH ONE OR MORE CRIMES AT LEAST ONE OF WHICH IS NOT A YOUTH
    4  DIVISION OFFENSE, WHERE SUCH PERSON WAS AT LEAST SIXTEEN YEARS  OLD  AND
    5  LESS  THAN  EIGHTEEN  YEARS OLD AT THE TIME HE OR SHE IS ALLEGED TO HAVE
    6  COMMITTED THE OFFENSES CHARGED; AND
    7    3. JURISDICTION OVER ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS
    8  REQUIRED BY THIS CHAPTER TO BE CONDUCTED IN SUPERIOR COURT.
    9  S 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF GUILT.
   10    1. EXCEPT AS OTHERWISE PROVIDED IN THIS  ARTICLE,  THE  PROVISIONS  OF
   11  THIS CHAPTER SHALL APPLY IN EACH ACTION OR PROCEEDING IN THE YOUTH DIVI-
   12  SION  OF SUPERIOR COURT. SOLELY FOR PURPOSES HEREOF, A PROCEEDING IN THE
   13  YOUTH DIVISION SHALL BE DEEMED A CRIMINAL PROCEEDING, THE PERSON SUBJECT
   14  TO SUCH PROCEEDING SHALL BE DEEMED A DEFENDANT AND THE  CHARGES  AGAINST
   15  SUCH PERSON SHALL BE DEEMED CRIMINAL CHARGES; PROVIDED, HOWEVER, THAT IF
   16  SPECIFIC  OFFENSES  CHARGED AGAINST A DEFENDANT DESCRIBED IN SUBDIVISION
   17  ONE OF SECTION 722.40 RESULT IN A PLEA OF GUILTY OR SUCH A DEFENDANT  IS
   18  OTHERWISE FOUND GUILTY THEREOF, NO CONVICTION THEREOF SHALL BE ENTERED.
   19    2.  NOTWITHSTANDING THE PROVISIONS OF TITLE H OF THIS CHAPTER, WHERE A
   20  DEFENDANT WAS AT LEAST SIXTEEN YEARS OLD AND LESS  THAN  EIGHTEEN  YEARS
   21  OLD  AT  THE  TIME  HE  OR SHE IS ALLEGED TO HAVE COMMITTED THE OFFENSES
   22  CHARGED IN AN ACCUSATORY INSTRUMENT, ALL REFERENCES TO A LOCAL  CRIMINAL
   23  COURT  IN  SUCH  TITLE SHALL BE DEEMED REFERENCES TO THE YOUTH DIVISION.
   24  FOR THE PURPOSE OF EXERCISING PRELIMINARY JURISDICTION OVER AN ACTION OR
   25  PROCEEDING PURSUANT TO SUCH TITLE, THE YOUTH DIVISION SHALL HAVE ALL THE
   26  POWERS OF A LOCAL CRIMINAL COURT THEREUNDER.
   27    3. WHERE THE YOUTH DIVISION IS NOT IN SESSION AND UNABLE TO ARRAIGN  A
   28  DEFENDANT,  SUCH  DEFENDANT  MAY  BE ARRAIGNED BEFORE ANY LOCAL CRIMINAL
   29  COURT IN WHICH HE OR SHE COULD BE ARRAIGNED WERE  HE  OR  SHE  AT  LEAST
   30  EIGHTEEN YEARS OF AGE AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED
   31  THE  OFFENSE  OR OFFENSES CHARGED IN AN ACCUSATORY INSTRUMENT; PROVIDED,
   32  HOWEVER, IN SUCH EVENT AND UNLESS THE LOCAL CRIMINAL  COURT  INTENDS  TO
   33  DISMISS  THE  ACTION  IMMEDIATELY  THEREAFTER, SUCH LOCAL CRIMINAL COURT
   34  MUST TRANSFER THE MATTER FORTHWITH TO THE YOUTH DIVISION AND SHALL  MAKE
   35  THE  MATTER  RETURNABLE  IN THE YOUTH DIVISION ON THE NEXT DAY THE YOUTH
   36  DIVISION IS IN SESSION AFTER ARRAIGNMENT IN THE LOCAL CRIMINAL COURT.
   37    4. (A) UPON ANY OCCASION WHEN THE YOUTH DIVISION (OR A LOCAL  CRIMINAL
   38  COURT  AS  PROVIDED HEREUNDER WHEN THE YOUTH DIVISION IS NOT IN SESSION)
   39  IS REQUIRED TO ISSUE A SECURING ORDER WITH RESPECT TO  A  PRINCIPAL  WHO
   40  WAS  SIXTEEN  OR  SEVENTEEN  YEARS OLD AT THE TIME OF HIS OR HER ALLEGED
   41  OFFENSE OR OFFENSES, AND SUCH OFFENSE OR OFFENSES ARE EXCLUSIVELY  YOUTH
   42  DIVISION  OFFENSES,  THE  COURT MAY NOT COMMIT SUCH PRINCIPAL TO CUSTODY
   43  UNLESS AVAILABLE LESS RESTRICTIVE ALTERNATIVES THERETO, INCLUDING CONDI-
   44  TIONAL RELEASE, WOULD NOT BE APPROPRIATE.
   45    (B) ONCE A PRINCIPAL DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IS
   46  COMMITTED TO CUSTODY, THE COURT SHALL MAKE THE FOLLOWING FINDINGS, WHICH
   47  SHALL BE INCLUDED IN A WRITTEN ORDER, AS REQUIRED BY FEDERAL LAW:
   48    (I) WHETHER THE CONTINUATION OF THE PRINCIPAL OUTSIDE OF CUSTODY WOULD
   49  BE CONTRARY TO HIS OR HER BEST INTERESTS BASED UPON, AND LIMITED TO, THE
   50  FACTS AND CIRCUMSTANCES AVAILABLE TO  THE  COURT  AT  THE  TIME  OF  THE
   51  ARRAIGNMENT; AND
   52    (II)  WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF
   53  THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE ON
   54  WHICH THE PRINCIPAL WAS COMMITTED TO CUSTODY THAT RESULTED IN THE SECUR-
   55  ING ORDER TO PREVENT OR ELIMINATE THE NEED FOR COMMITTING THE  PRINCIPAL
   56  TO  CUSTODY  OR, IF THE PRINCIPAL HAD BEEN COMMITTED TO CUSTODY PRIOR TO
       S. 4489--A                          9

    1  ARRAIGNMENT,  WHERE  APPROPRIATE  AND  CONSISTENT  WITH  THE  NEED   FOR
    2  PROTECTION  OF  THE  COMMUNITY,  WHETHER REASONABLE EFFORTS WERE MADE TO
    3  MAKE IT POSSIBLE FOR THE PRINCIPAL TO BE RELEASED FROM CUSTODY.
    4  S 722.30 YOUTH   DIVISION;   SPECIAL   PROCEDURES  FOLLOWED  IN  CERTAIN
    5             PROCEEDINGS AGAINST  CERTAIN  OFFENDERS;  REMOVAL  TO  FAMILY
    6             COURT.
    7    1.  UPON  MOTION  OF  THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
    8  INSTRUMENT AND PRIOR TO A JUDGMENT OF CONVICTION, THE YOUTH DIVISION  OF
    9  THE  SUPERIOR COURT MAY DIRECT THAT ALL PROCEEDINGS AGAINST SUCH DEFEND-
   10  ANT IN SUCH YOUTH DIVISION FOLLOWING A PLEA OF GUILTY OR OTHER  DETERMI-
   11  NATION  OF  GUILT, WHETHER OR NOT SUCH PLEA OR OTHER DETERMINATION SHALL
   12  HAVE OCCURRED AT THE TIME OF SUCH MOTION, SHALL BE CONDUCTED IN  ACCORD-
   13  ANCE  WITH  THE  PROVISIONS  OF  SECTION  722.40  IN ANY CASE WHERE SUCH
   14  DEFENDANT:
   15    (A) IS A JUVENILE OFFENDER AND THE CASE HAS NOT BEEN REMOVED TO FAMILY
   16  COURT PURSUANT TO THIS CHAPTER; OR
   17    (B) WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT
   18  THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED AN OFFENSE  OR  OFFENSES
   19  CHARGED  IN THE ACCUSATORY INSTRUMENT AT LEAST ONE OF WHICH IS A VIOLENT
   20  FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF  THE
   21  PENAL  LAW OR AN OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION EIGHTEEN
   22  OF SECTION 10.00 OF SUCH LAW.
   23    2. IN DETERMINING  A  MOTION  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   24  SECTION,  THE  YOUTH  DIVISION  MUST  CONSIDER  THE FACTORS SET FORTH IN
   25  SUBDIVISION FOUR OF THIS SECTION AND MAY NOT GRANT SUCH A MOTION  UNLESS
   26  IT  DETERMINES  THAT  TO  DO  SO  WOULD  BE IN THE INTERESTS OF JUSTICE;
   27  PROVIDED, HOWEVER, THE YOUTH  DIVISION  MAY  NOT  GRANT  SUCH  A  MOTION
   28  UNLESS:
   29    (A)  THE  YOUTH  DIVISION FINDS SPECIFIC FACTORS, ONE OR MORE OF WHICH
   30  REASONABLY SUPPORT SUCH MOTION, SHOWING:  (I)  MITIGATING  CIRCUMSTANCES
   31  THAT  BEAR  DIRECTLY  UPON  THE MANNER IN WHICH THE CRIME WAS COMMITTED;
   32  (II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME,  THE
   33  DEFENDANT'S  PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS
   34  TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE  DEFICIEN-
   35  CIES IN THE PROOF OF THE CRIME;
   36    (B)  AFTER  CONSIDERATION OF THE FACTORS SET FORTH IN SUBDIVISION FOUR
   37  OF THIS SECTION, THE YOUTH DIVISION DETERMINES THAT FURTHER  PROCEEDINGS
   38  IN RELATION TO THE DEFENDANT CONDUCTED IN ACCORDANCE WITH THE PROVISIONS
   39  OF SECTION 722.40 WOULD BE IN THE INTERESTS OF JUSTICE; AND
   40    (C) THE DISTRICT ATTORNEY CONSENTS THERETO.
   41    3. (A) UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
   42  INSTRUMENT  AND  PRIOR TO A JUDGEMENT OF CONVICTION, THE YOUTH DIVISION,
   43  AFTER CONSIDERATION OF THE RELEVANT FACTORS  SET  FORTH  IN  SUBDIVISION
   44  FOUR  OF THIS SECTION AND IF THE YOUTH DIVISION DETERMINES THAT TO DO SO
   45  WOULD BE IN THE INTEREST OF JUSTICE, MAY DIRECT THAT THE ACTION  AGAINST
   46  THE DEFENDANT BE REMOVED TO FAMILY COURT IN ANY CASE WHERE THE DEFENDANT
   47  IS  CHARGED  IN  THE  YOUTH  DIVISION EXCLUSIVELY WITH ONE OR MORE YOUTH
   48  DIVISION OFFENSES AND:
   49    (I) THE DEFENDANT IS A PARTY TO OR IS OTHERWISE A SUBJECT  OF  PENDING
   50  PROCEEDINGS  IN THE FAMILY COURT UNDER ARTICLE THREE, SEVEN, EIGHT, TEN,
   51  TEN-A, TEN-B OR TEN-C OF THE FAMILY COURT ACT; OR
   52    (II) THE COURT DETERMINES THAT THE DEFENDANT IS A  SEXUALLY  EXPLOITED
   53  CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN SUBDIVISION ONE OF SECTION
   54  FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
   55    (B)  WHERE  THE  YOUTH DIVISION DIRECTS REMOVAL OF AN ACTION TO FAMILY
   56  COURT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,
       S. 4489--A                         10

    1  THE PROVISIONS OF SUBDIVISIONS SIX THROUGH NINE OF  SECTION  725.05  AND
    2  SECTIONS  725.10  AND  725.15  OF THIS TITLE SHALL APPLY TO SUCH REMOVAL
    3  PROVIDED THAT:
    4    (I)  FOR PURPOSES OF SUBDIVISION SIX OF SECTION 725.05, "THE JUVENILE"
    5  SHALL REFER TO THE DEFENDANT IN THE ACTION BEING REMOVED; AND
    6    (II) NOTWITHSTANDING THE PROVISIONS OF ARTICLE  THREE  OF  THE  FAMILY
    7  COURT  ACT,  UPON  SUCH  REMOVAL,  THE FAMILY COURT SHALL HAVE AND SHALL
    8  EXERCISE JURISDICTION OVER THE DEFENDANT IN THE PROCEEDING  REQUIRED  TO
    9  BE  ORIGINATED  IN  SUCH  COURT  PURSUANT  TO SUBDIVISION ONE OF SECTION
   10  725.10 AS IF THE DEFENDANT WERE OVER SEVEN AND LESS THAN  SIXTEEN  YEARS
   11  OF AGE.
   12    4. IN MAKING ITS DETERMINATION PURSUANT TO SUBDIVISION ONE OR THREE OF
   13  THIS  SECTION, THE YOUTH DIVISION SHALL, TO THE EXTENT APPLICABLE, EXAM-
   14  INE INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
   15    (A) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
   16    (B) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
   17    (C) THE EVIDENCE OF  GUILT,  WHETHER  ADMISSIBLE  OR  INADMISSIBLE  AT
   18  TRIAL;
   19    (D)  THE  HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, INCLUDING
   20  HIS OR HER DEVELOPMENTAL AND COGNITIVE LEVELS;
   21    (E) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
   22  AUTHORIZED FOR THE OFFENSE;
   23    (F)  THE  IMPACT  THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF
   24  SECTION 722.40 MAY HAVE ON THE SAFETY OR WELFARE OF  THE  COMMUNITY  AND
   25  THE DEFENDANT'S NEEDS AND BEST INTERESTS;
   26    (G)  THE  IMPACT  THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF
   27  SECTION 722.40 WOULD HAVE UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIM-
   28  INAL JUSTICE SYSTEM;
   29    (H) WHERE  THE  COURT  DEEMS  IT  APPROPRIATE,  THE  CONCERNS  OF  THE
   30  COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
   31    (I)  ANY  OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
   32  IN A CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   33    5. THE PROVISIONS OF SUBDIVISIONS  ONE  AND  TWO  OF  SECTION  210.45,
   34  GOVERNING PROCEDURE ON A MOTION TO DISMISS AN INDICTMENT, SHALL APPLY TO
   35  PROCEDURE  UPON  A  MOTION  PURSUANT TO SUBDIVISION ONE OR THREE OF THIS
   36  SECTION. AFTER ALL PAPERS OF BOTH PARTIES HAVE BEEN FILED AND AFTER  ALL
   37  DOCUMENTARY  EVIDENCE,  IF  ANY,  HAS BEEN SUBMITTED, THE YOUTH DIVISION
   38  MUST CONSIDER THE SAME FOR THE PURPOSE OF DETERMINING WHETHER THE MOTION
   39  IS DETERMINABLE ON THE MOTION PAPERS SUBMITTED AND,  IF  NOT,  MAY  MAKE
   40  SUCH  INQUIRY AS IT DEEMS NECESSARY FOR THE PURPOSE OF MAKING A DETERMI-
   41  NATION.
   42    6. FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION,
   43  ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED.  IF  THE
   44  DEFENDANT  TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST
   45  HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTI-
   46  MONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   47    7. (A) IF THE YOUTH DIVISION ORDERS THE PROCEEDINGS TO CONTINUE  UNDER
   48  THE  PROVISIONS  OF  SECTION  722.40,  IT  SHALL STATE ON THE RECORD, IN
   49  DETAIL AND NOT IN CONCLUSORY TERMS, THE FACTOR OR FACTORS UPON WHICH ITS
   50  DETERMINATION IS BASED.
   51    (B) THE DISTRICT ATTORNEY SHALL STATE UPON THE RECORD, IN  DETAIL  AND
   52  NOT  IN CONCLUSORY TERMS, THE REASONS FOR HIS OR HER CONSENT TO HAVE THE
   53  PROCEEDINGS CONTINUE UNDER THE PROVISIONS OF SECTION 722.40.
   54  S 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMINATION OF
   55             GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR SEVENTEEN YEARS
   56             OLD AT THE TIME OF OFFENSE.
       S. 4489--A                         11

    1    1. IF A DEFENDANT WHO IS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR
    2  COURT  WITH  ONE  OR MORE YOUTH DIVISION OFFENSES (OR WHO IS ENTITLED TO
    3  PROCEED PURSUANT TO THIS SECTION UPON GRANT OF A MOTION MADE PURSUANT TO
    4  SUBDIVISION ONE OF SECTION 722.30) PLEADS  GUILTY  TO  SUCH  OFFENSE  OR
    5  OFFENSES  OR IS OTHERWISE FOUND GUILTY THEREOF, THE COURT SHALL SCHEDULE
    6  A DISPOSITIONAL HEARING PURSUANT TO  THIS  SECTION.    A  DEFENDANT  WHO
    7  PLEADS  GUILTY  TO OR IS OTHERWISE FOUND GUILTY OF A CRIME THAT IS NOT A
    8  YOUTH DIVISION OFFENSE SHALL NOT BE DEEMED "A DEFENDANT WHO  IS  CHARGED
    9  IN  THE  YOUTH DIVISION OF A SUPERIOR COURT WITH ONE OR MORE YOUTH DIVI-
   10  SION OFFENSES" FOR PURPOSES OF THIS SUBDIVISION NOTWITHSTANDING THAT, IN
   11  THE SAME ACTION OR PROCEEDING, HE OR SHE PLEADS GUILTY TO OR  IS  OTHER-
   12  WISE  FOUND GUILTY OF ONE OR MORE OTHER OFFENSES THAT ARE YOUTH DIVISION
   13  OFFENSES.
   14    2. FOR PURPOSES OF THIS SECTION, A  "DISPOSITIONAL  HEARING"  MEANS  A
   15  HEARING  TO DETERMINE WHETHER THE DEFENDANT REQUIRES SUPERVISION, TREAT-
   16  MENT OR CONFINEMENT.  WHERE THE YOUTH DIVISION  ORDERS  A  DISPOSITIONAL
   17  HEARING PURSUANT TO THIS SECTION, ALL FURTHER PROCEEDINGS IN RELATION TO
   18  THE  DEFENDANT  SHALL  BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF
   19  PARTS FIVE AND SIX OF ARTICLE THREE OF THE FAMILY  COURT  ACT,  PROVIDED
   20  THAT REFERENCES THEREIN:
   21    (A)  TO  A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN
   22  PROCEEDINGS IN THE YOUTH DIVISION, AND TO A "PRESENTMENT  AGENCY"  SHALL
   23  MEAN TO THE DISTRICT ATTORNEY;
   24    (B)  TO  A  "DELINQUENCY  PROCEEDING" OR TO A "DELINQUENCY CASE" SHALL
   25  MEAN TO AN ACTION OR PROCEEDING IN A YOUTH DIVISION, AND TO  A  "FINDING
   26  OF DELINQUENCY" SHALL MEAN TO A DETERMINATION OF GUILT;
   27    (C)  TO  "SUBDIVISION ONE OF SECTION 345.1" SHALL MEAN SUBDIVISION ONE
   28  OF THIS SECTION;
   29    (D) TO "AN ORDER PURSUANT TO SECTION 315.3" SHALL MEAN TO AN  ADJOURN-
   30  MENT IN CONTEMPLATION OF DISMISSAL; AND
   31    (E)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
   32  OF THIS CHAPTER.
   33  NOTWITHSTANDING THE FOREGOING, WHERE THE YOUTH DIVISION ORDERS PLACEMENT
   34  OF THE DEFENDANT, SUCH PLACEMENT SHALL BE IN THE CUSTODY OF THE LOCAL OR
   35  STATE CORRECTIONAL FACILITY TO WHICH DEFENDANT WOULD HAVE BEEN COMMITTED
   36  WERE HE OR SHE TO HAVE BEEN AGE EIGHTEEN OR OLDER AT THE TIME HE OR  SHE
   37  COMMITTED  THE  OFFENSE  OR OFFENSES OF WHICH HE OR SHE WAS FOUND GUILTY
   38  AND SENTENCED TO INCARCERATION THEREFOR.
   39    3. PROVIDED FURTHER THAT, FOR PURPOSES OF THIS SUBDIVISION, REFERENCES
   40  CONTAINED IN SUBDIVISION SIX OF SECTION 355.3 OF THE FAMILY COURT ACT TO
   41  A "RESPONDENT'S EIGHTEENTH BIRTHDAY" AND TO  "THE  CHILD'S  TWENTY-FIRST
   42  BIRTHDAY"  SHALL  MEAN TO A "DEFENDANT'S TWENTIETH BIRTHDAY" AND TO "THE
   43  DEFENDANT'S TWENTY-THIRD BIRTHDAY", RESPECTIVELY.
   44  S 722.50 YOUTH DIVISION; DISPOSITION  OF  RECORDS  UPON  TERMINATION  OF
   45             ACTIONS OR PROCEEDINGS.
   46    1.  WHERE, IN AN ACTION OR PROCEEDING PURSUANT TO THIS ARTICLE AGAINST
   47  A DEFENDANT WHO WAS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR  COURT
   48  EXCLUSIVELY  WITH  ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO WAS ENTI-
   49  TLED TO PROCEED PURSUANT TO SECTION 722.40 UPON GRANT OF A  MOTION  MADE
   50  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION 722.30), THE DEFENDANT PLEADS
   51  GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH HE OR SHE WAS CHARGED OR IS
   52  OTHERWISE DETERMINED TO BE GUILTY THEREOF, THE  PROVISIONS  OF  SECTIONS
   53  375.2,  380.1,  381.2  AND  381.3 OF THE FAMILY COURT ACT SHALL APPLY TO
   54  DISPOSITION OF THE RECORDS OF SUCH ACTION OR PROCEEDING. FOR PURPOSES OF
   55  THIS SECTION, REFERENCES IN SUCH SECTIONS OF THE FAMILY COURT ACT:
       S. 4489--A                         12

    1    (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE  DEFENDANT  IN
    2  PROCEEDINGS IN THE YOUTH DIVISION;
    3    (B)  TO A "DELINQUENCY PROCEEDING" SHALL MEAN TO AN ACTION OR PROCEED-
    4  ING IN A YOUTH DIVISION;
    5    (C) TO A "PRESENTMENT AGENCY" OR  THE  "DIRECTOR  OF  THE  APPROPRIATE
    6  PRESENTMENT AGENCY" SHALL MEAN TO THE DISTRICT ATTORNEY;
    7    (D)  TO  A  "FINDING  OF  DELINQUENCY  PURSUANT  TO SUBDIVISION ONE OF
    8  SECTION 352.1" OR TO A "FINDING OF JUVENILE DELINQUENCY" SHALL MEAN TO A
    9  PLEA OF GUILTY TO THE OFFENSE OR OFFENSES  WITH  WHICH  A  DEFENDANT  IS
   10  CHARGED  OR  A  VERDICT  OF  GUILTY THERETO AND TO "PERSON ADJUDICATED A
   11  JUVENILE DELINQUENT" SHALL MEAN TO A DEFENDANT WHO HAS MADE SUCH A  PLEA
   12  OR BEEN SUBJECT TO SUCH A VERDICT;
   13    (E) TO "RESPONDENT'S SIXTEENTH BIRTHDAY" SHALL MEAN TO THE DEFENDANT'S
   14  EIGHTEENTH BIRTHDAY;
   15    (F)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
   16  OF THIS CHAPTER;
   17    (G) TO "FAMILY COURT" OR "COURT" SHALL MEAN TO THE YOUTH DIVISION.
   18    2. NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
   19  160.50,  TERMINATION  OF  AN  ACTION OR PROCEEDING IN THE YOUTH DIVISION
   20  OTHER THAN BY A DEFENDANT'S PLEA OF GUILTY TO THE  OFFENSE  OR  OFFENSES
   21  WITH  WHICH  HE  OR  SHE  WAS CHARGED OR BY A VERDICT OF GUILTY THERETO,
   22  WHERE THE DEFENDANT WAS CHARGED WITH ONE OR MORE YOUTH DIVISION OFFENSES
   23  (OR WHERE THE DEFENDANT WAS ENTITLED  TO  PROCEED  PURSUANT  TO  SECTION
   24  722.40  UPON  GRANT  OF  A  MOTION  MADE  PURSUANT TO SUBDIVISION ONE OF
   25  SECTION 722.30), SHALL BE DEEMED A "TERMINATION OF A CRIMINAL ACTION  OR
   26  PROCEEDING  AGAINST  A  PERSON  IN FAVOR OF SUCH PERSON" FOR PURPOSES OF
   27  SUCH SECTION 160.50.
   28    3. WHERE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE  TAKEN  PURSUANT
   29  TO SECTION 160.10 AND THE ACTION WAS SUBSEQUENTLY ADJUDICATED IN ACCORD-
   30  ANCE  WITH SECTION 722.40, THE CLERK OF THE YOUTH DIVISION SHALL FORWARD
   31  OR CAUSE TO BE FORWARDED TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL
   32  JUSTICE SERVICES NOTIFICATION OF  SUCH  ADJUDICATION  AND  SUCH  RELATED
   33  INFORMATION  AS MAY BE REQUIRED BY SUCH COMMISSIONER. IF A DEFENDANT HAS
   34  PLEADED GUILTY OR OTHERWISE BEEN  DETERMINED  TO  HAVE  BEEN  GUILTY  OF
   35  OFFENSES  OTHER THAN A FELONY, ALL SUCH FINGERPRINTS, PALMPRINTS, PHOTO-
   36  GRAPHS, AND COPIES THEREOF, AND ALL INFORMATION RELATING TO SUCH ALLEGA-
   37  TIONS OBTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
   38  SECTION  160.10 SHALL BE DESTROYED FORTHWITH. IF A DEFENDANT HAS PLEADED
   39  GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF A FELONY, ALL
   40  FINGERPRINTS AND RELATED INFORMATION OBTAINED BY THE DIVISION OF  CRIMI-
   41  NAL  JUSTICE SERVICES PURSUANT TO SUCH SECTION SHALL BECOME PART OF SUCH
   42  DIVISION'S PERMANENT ADULT CRIMINAL RECORD FOR  THAT  PERSON;  PROVIDED,
   43  HOWEVER,  THAT  WHEN  SUCH  PERSON REACHES THE AGE OF TWENTY-ONE, OR HAS
   44  BEEN DISCHARGED FROM ANY PLACEMENT IMPOSED UNDER THIS ARTICLE, WHICHEVER
   45  OCCURS LATER, AND  HAS  NO  CRIMINAL  CONVICTIONS  OR  PENDING  CRIMINAL
   46  ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER-
   47  PRINTS,  PALMPRINTS,  PHOTOGRAPHS,  AND  RELATED  INFORMATION AND COPIES
   48  THEREOF OBTAINED PURSUANT TO SECTION 160.10 IN  THE  POSSESSION  OF  THE
   49  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  ANY  POLICE  DEPARTMENT, LAW
   50  ENFORCEMENT AGENCY OR ANY OTHER AGENCY  SHALL  BE  DESTROYED  FORTHWITH.
   51  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL NOTIFY THE AGENCY OR
   52  AGENCIES WHICH FORWARDED  FINGERPRINTS  TO  SUCH  DIVISION  PURSUANT  TO
   53  SECTION  160.10  OF  THEIR  OBLIGATION TO DESTROY THOSE RECORDS IN THEIR
   54  POSSESSION.
   55  S 722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
       S. 4489--A                         13

    1    THE RECORDS OF ANY PROCEEDING IN THE  YOUTH  DIVISION  OF  A  SUPERIOR
    2  COURT  AGAINST A DEFENDANT WHO IS CHARGED IN SUCH COURT WITH ONE OR MORE
    3  YOUTH DIVISION OFFENSES, UNLESS PERMITTED TO PROCEED IN ACCORDANCE  WITH
    4  SECTION  722.40  UPON  A  DETERMINATION MADE PURSUANT TO SECTION 722.30,
    5  SHALL  NOT  BE  OPEN  TO  INDISCRIMINATE PUBLIC INSPECTION. HOWEVER, THE
    6  YOUTH DIVISION IN ITS  DISCRETION  IN  ANY  SUCH  CASE  MAY  PERMIT  THE
    7  INSPECTION OF ANY PAPERS OR RECORDS. ANY DULY AUTHORIZED AGENCY, ASSOCI-
    8  ATION,  SOCIETY  OR  INSTITUTION  TO WHICH A DEFENDANT IN SUCH A CASE IS
    9  COMMITTED MAY CAUSE AN INSPECTION OF THE RECORD OF INVESTIGATION  TO  BE
   10  HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE OR
   11  PART OF SUCH RECORD.
   12    S 8. Section 725.00 of the criminal procedure law, as amended by chap-
   13  ter 411 of the laws of 1979, is amended to read as follows:
   14  S 725.00 Applicability.
   15    The provisions of this article apply in any case where a court directs
   16  that  an  action  or  charge  is to be removed to the family court under
   17  section 180.75, 190.71, 210.43, 220.10, 310.85 [or], 330.25 OR 722.30 of
   18  this chapter.
   19    S 9. Subdivision 1 of section 243 of the executive law, as amended  by
   20  section  17  of  part A of chapter 56 of the laws of 2010, is amended to
   21  read as follows:
   22    1. The office shall exercise general  supervision  over  the  adminis-
   23  tration  of probation services throughout the state, including probation
   24  in family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT and  shall
   25  collect  statistical  and  other  information  and  make recommendations
   26  regarding the administration of probation services in  the  courts.  The
   27  office  shall  endeavor  to  secure  the  effective  application  of the
   28  probation system and the enforcement of the probation laws and the  laws
   29  relating  to  family  courts  AND  THE YOUTH DIVISIONS OF SUPERIOR COURT
   30  throughout the  state.  After  consultation  with  the  state  probation
   31  commission, the office shall recommend to the commissioner general rules
   32  which  shall  regulate  methods  and  procedure in the administration of
   33  probation services,  including  investigation  of  defendants  prior  to
   34  sentence,  and  children  prior to adjudication, supervision, case work,
   35  record keeping, and accounting, program planning and research so  as  to
   36  secure  the  most  effective application of the probation system and the
   37  most efficient enforcement of the probation laws throughout  the  state.
   38  Such  rules  shall  provide that the probation investigations ordered by
   39  the court in designated  felony  act  cases  under  subdivision  one  of
   40  section  351.1  of  the  family court act shall have priority over other
   41  cases arising under articles three and seven  of  such  act.  When  duly
   42  adopted  by  the  commissioner,  such  rules  shall  be binding upon all
   43  probation officers and when duly adopted shall have the force and effect
   44  of law, but shall not supersede rules that may be  adopted  pursuant  to
   45  the  family  court act. The office shall keep informed as to the work of
   46  all probation officers and shall from time  to  time  inquire  into  and
   47  report upon their conduct and efficiency. The office may investigate the
   48  work  of any probation bureau or probation officer and shall have access
   49  to all records and probation offices. The office may issue subpoenas  to
   50  compel  the  attendance  of  witnesses  or  the  production of books and
   51  papers. The office may administer oaths and examine persons under  oath.
   52  The  office  may recommend to the appropriate authorities the removal of
   53  any probation officer. The office may from time to time publish  reports
   54  regarding  probation  including  probation  in  family courts AND IN THE
   55  YOUTH DIVISIONS OF SUPERIOR COURT, and the operation  of  the  probation
   56  system  including  probation in family courts AND IN THE YOUTH DIVISIONS
       S. 4489--A                         14

    1  OF SUPERIOR COURT, and any other information regarding probation as  the
    2  office  may  determine provided expenditures for such purpose are within
    3  amounts appropriated therefor.
    4    S  10. Subdivision 2 of section 212 of the judiciary law is amended by
    5  adding a new paragraph (s) to read as follows:
    6    (S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN  SPECIALIZED  AREAS
    7  INVOLVING YOUTH INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLES-
    8  CENT  DEVELOPMENT  AND  EFFECTIVE  TREATMENT  METHODS FOR REDUCING CRIME
    9  COMMITTED BY ADOLESCENTS; AND PROVIDING THAT,  AS  REQUIRED  BY  SECTION
   10  722.10 OF THE CRIMINAL PROCEDURE LAW, EACH JUDGE OR JUSTICE WHO PRESIDES
   11  IN THE YOUTH DIVISION OF A SUPERIOR COURT RECEIVE SUCH TRAINING.
   12    S  11.  The  judiciary  law is amended by adding a new article 21-C to
   13  read as follows:
   14                                ARTICLE 21-C
   15                    JUVENILE PROBATION ASSISTANCE PROGRAM
   16  SECTION 849-L. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
   17          849-M. APPLICATION PROCEDURES.
   18          849-N. PAYMENT PROCEDURES; AUDITS.
   19          849-O. ANNUAL REPORT.
   20    S 849-L. ESTABLISHMENT AND ADMINISTRATION  OF  PROGRAM.  1.  THERE  IS
   21  HEREBY  ESTABLISHED A JUVENILE PROBATION ASSISTANCE PROGRAM, HEREINAFTER
   22  REFERRED TO IN THIS ARTICLE AS THE "PROGRAM",  TO  BE  ADMINISTERED  AND
   23  SUPERVISED UNDER THE DIRECTION OF THE CHIEF ADMINISTRATOR OF THE COURTS,
   24  TO  PROVIDE FUNDS PURSUANT TO THIS ARTICLE TO SUPPORT PROBATION SERVICES
   25  PROVIDED BY POLITICAL SUBDIVISIONS TO YOUTHS UNDER THE AGE OF  EIGHTEEN.
   26  THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES AND REGULATIONS TO EFFEC-
   27  TUATE  THE  PURPOSES  OF THIS SECTION, INCLUDING PROVISIONS FOR PERIODIC
   28  MONITORING AND EVALUATION OF THE  PROGRAM.  EACH  POLITICAL  SUBDIVISION
   29  RECEIVING  FUNDS  PURSUANT  TO  THIS  ARTICLE SHALL COMPLY WITH ALL SUCH
   30  RULES AND REGULATIONS AND WITH ALL PROVISIONS OF THIS ARTICLE.
   31    2. FUNDS TO BE PROVIDED PURSUANT TO THIS SECTION MAY BE USED  FOR  ANY
   32  PURPOSE  RELATING TO THE DELIVERY OF PROBATION SERVICES IN THE COURTS OF
   33  A POLITICAL SUBDIVISION FOR YOUTHS UNDER THE  AGE OF EIGHTEEN, INCLUDING
   34  THE OPERATIONAL COSTS OF LOCAL PROBATION DEPARTMENTS AND ENHANCED  LOCAL
   35  VOCATIONAL,   EDUCATIONAL   AND  THERAPEUTIC  SERVICES  IN  AID  OF  THE
   36  PROBATION. FUNDS MAY NOT BE USED AS A MEANS OF REDUCING FUNDING  ALREADY
   37  PROVIDED BY A POLITICAL SUBDIVISION FOR THESE PURPOSES.
   38    S  849-M.  APPLICATION  PROCEDURES.  1.  THE CITY OF NEW YORK AND EACH
   39  COUNTY OUTSIDE SUCH CITY MAY MAKE AN INDIVIDUAL  APPLICATION  FOR  FUNDS
   40  AVAILABLE PURSUANT TO THIS ARTICLE, OR TWO OR MORE SUCH POLITICAL SUBDI-
   41  VISIONS  MAY  MAKE  A JOINT APPLICATION FOR SUCH FUNDS. ALL APPLICATIONS
   42  SHALL BE SUBMITTED TO THE CHIEF ADMINISTRATOR FOR HIS OR HER APPROVAL.
   43    2. THE CHIEF ADMINISTRATOR SHALL REQUIRE THAT  APPLICATIONS  SUBMITTED
   44  FOR  FUNDING  PROVIDE  SUCH  INFORMATION  AS  HE OR SHE DEEMS NECESSARY,
   45  INCLUDING  AT  LEAST  THE  AMOUNT  OF  FUNDING  SOUGHT  AND  A  DETAILED
   46  DESCRIPTION  OF  THE  PURPOSE  OR  PURPOSES TO WHICH THE FUNDING WILL BE
   47  APPLIED.
   48    3. IN DETERMINING WHETHER TO APPROVE AN APPLICATION, THE CHIEF  ADMIN-
   49  ISTRATOR SHALL CONSIDER:
   50    (A)  WHETHER THE APPLICANT HAS COMPLIED WITH ALL RULES AND REGULATIONS
   51  GOVERNING THE PROGRAM AND ALL PERTINENT PROVISIONS OF THIS ARTICLE;
   52    (B) THE LIKELY IMPACT OF APPROVING SUCH APPLICATION UPON THE  DELIVERY
   53  OF  PROBATION  SERVICES IN THE COURT OR COURTS OF THE POLITICAL SUBDIVI-
   54  SION OR SUBDIVISIONS  MAKING  SUCH  APPLICATION,  UPON  THE  COMMUNITIES
   55  SERVED, AND UPON THE JUDICIARY GENERALLY;
       S. 4489--A                         15

    1    (C) THE AVAILABILITY OF OTHER SOURCES OF FUNDING TO PAY SOME OR ALL OF
    2  THE COSTS FOR WHICH THE APPLICATION SEEKS FUNDING UNDER THE PROGRAM;
    3    (D)  THE NUMBER AND CONTENT OF ALL OTHER APPLICATIONS FOR FUNDING THEN
    4  AVAILABLE UNDER THE PROGRAM;
    5    (E) THE EXTENT OF FUNDING ALREADY RECEIVED UNDER THE  PROGRAM  BY  THE
    6  APPLICANT (OR JOINT APPLICANTS) PURSUANT TO PAST APPLICATIONS; AND
    7    (F) THE MAGNITUDE OF THE FUNDING APPROPRIATED FOR THE PURPOSES OF THIS
    8  ARTICLE.
    9    S  849-N.  PAYMENT PROCEDURES; AUDITS. 1. UPON APPROVAL OF AN APPLICA-
   10  TION, THE CHIEF  ADMINISTRATOR,  WITHIN  AVAILABLE  APPROPRIATIONS,  MAY
   11  AUTHORIZE DISBURSEMENT OF FUNDS IN ANY AMOUNT UP TO THE AMOUNT SOUGHT BY
   12  THE  APPLICATION.  SUCH  DISBURSEMENT  MAY  BE BY ADVANCE PAYMENT TO THE
   13  APPLICANT, OR APPLICANTS, AS APPROPRIATE, BEFORE IT INCURS THE COST  FOR
   14  WHICH  ITS APPLICATION SOUGHT FUNDING, BY REIMBURSEMENT TO THE APPLICANT
   15  AFTER IT INCURS AND PAYS SUCH COSTS IN THE FIRST INSTANCE,  OR  BY  SOME
   16  COMBINATION  THEREOF, AS THE CHIEF ADMINISTRATOR DETERMINES IS APPROPRI-
   17  ATE UNDER THE CIRCUMSTANCES.
   18    2. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
   19  REPRESENTATIVES SHALL HAVE THE POWER TO INSPECT, EXAMINE AND  AUDIT  THE
   20  FISCAL  AFFAIRS OF THE APPLICANT, OR APPLICANTS, TO AN APPROVED APPLICA-
   21  TION GRANTED PURSUANT TO THIS SECTION TO THE EXTENT NECESSARY TO  DETER-
   22  MINE WHETHER FUNDING RECEIVED UNDER THE PROGRAM HAS BEEN USED IN ACCORD-
   23  ANCE  WITH  THE  PURPOSE  OR  PURPOSES  FOR  WHICH  IT WAS SOUGHT IN THE
   24  APPLICATION, AND WHETHER THERE HAS BEEN COMPLIANCE WITH  ALL  RULES  AND
   25  REGULATIONS GOVERNING THE PROGRAM AND THE PROVISIONS OF THIS ARTICLE.
   26    3.  IN  DISCHARGE  OF  HIS OR HER DUTIES UNDER THIS ARTICLE, THE CHIEF
   27  ADMINISTRATOR SHALL CONSULT, AS  APPROPRIATE  AND  NECESSARY,  WITH  ANY
   28  AGENCY OF THE STATE, INCLUDING BUT NOT LIMITED TO THE OFFICE OF ALCOHOL-
   29  ISM  AND  SUBSTANCE  ABUSE  SERVICES,  THE OFFICE OF CHILDREN AND FAMILY
   30  SERVICES, THE OFFICE OF MENTAL HEALTH AND THE EDUCATION DEPARTMENT.
   31    S 849-O. ANNUAL REPORT. THE CHIEF ADMINISTRATOR SHALL REPORT  ANNUALLY
   32  TO  THE GOVERNOR AND THE LEGISLATURE REGARDING THE OPERATION AND SUCCESS
   33  OF THE PROGRAM ESTABLISHED BY THIS ARTICLE.
   34    S 12. Subdivision 1 of section 30.00 of the penal law, as  amended  by
   35  chapter 481 of the laws of 1978, is amended to read as follows:
   36    1.  Except  as provided in subdivision two OR TWO-A of this section, a
   37  person less than [sixteen] EIGHTEEN years old is not criminally  respon-
   38  sible for conduct.
   39    S  13.  Section  30.00  of  the penal law is amended by adding two new
   40  subdivisions 2-a and 4 to read as follows:
   41    2-A. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPON-
   42  SIBLE  FOR  ACTS  CONSTITUTING A VIOLENT FELONY OFFENSE AS PRESCRIBED IN
   43  SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER OR AN OFFENSE LISTED IN
   44  PARAGRAPH TWO OF SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THIS CHAPTER.
   45    4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS AT
   46  LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME  HE
   47  OR SHE IS ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME
   48  IF COMMITTED BY A PERSON AT LEAST EIGHTEEN YEARS OLD SHALL BE SUBJECT TO
   49  THE FILING OF CHARGES AND THE PROSECUTION THEREOF EXCLUSIVELY IN ACCORD-
   50  ANCE  WITH  THE  PROVISIONS  OF  ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE
   51  CRIMINAL PROCEDURE LAW.
   52    S 14. (a) On December first immediately following the  effective  date
   53  of  this  act,  and on December first of each year thereafter, the chief
   54  administrator of the courts, following consultation with  the  chair  of
   55  the  senate  finance committee, the chair of the assembly ways and means
   56  committee, the director of the division of the budget and  any  affected
       S. 4489--A                         16

    1  political  subdivision,  shall certify to the state comptroller, for the
    2  city of New York and each county outside such city:  (1)  the  projected
    3  reasonable  and  appropriate  increase  in local probation cost for such
    4  political  subdivision  on  account of this act in the state fiscal year
    5  commencing the preceding April first, and (2) beginning  December  first
    6  in the calendar year following the effective date of this act, the actu-
    7  al  reasonable and appropriate increase in local probation cost for such
    8  political subdivision on account of this act  during  the  state  fiscal
    9  year  ending  the preceding March thirty-first.  The chief administrator
   10  shall simultaneously transmit  a  copy  of  such  certification  to  the
   11  affected political subdivision.
   12    (b)  On  April  thirtieth in each year beginning April thirtieth imme-
   13  diately following the effective date of this act, the chief  administra-
   14  tor, from appropriations available to the judiciary in such fiscal year,
   15  shall  pay to the city of New York and each county outside such city the
   16  amount certified the preceding December first for such political  subdi-
   17  vision  by the chief administrator pursuant to paragraph one of subdivi-
   18  sion (a) of this  section;  provided,  however,  each  April  thirtieth,
   19  beginning April thirtieth of the second calendar year next following the
   20  effective  date  of this act, the amount payable to a political subdivi-
   21  sion pursuant to this subdivision shall be increased by  the  difference
   22  between  (i)  the  amount  certified on the preceding December first for
   23  such political subdivision pursuant to paragraph two of subdivision  (a)
   24  of  this  section and (ii) the amount certified on December first of the
   25  year prior thereto for such political subdivision pursuant to  paragraph
   26  one  of subdivision (a) of this section, where (i) is greater than (ii),
   27  or decreased by the difference between (i) and (ii), where (i)  is  less
   28  than (ii).
   29    (c)  (1)  There  is hereby created a special juvenile probation review
   30  board. The voting membership of the board shall consist of four  persons
   31  appointed by the governor, of which one shall be upon the recommendation
   32  of the temporary president of the senate, one upon the recommendation of
   33  the  speaker  of  the  assembly,  and one upon the recommendation of the
   34  chief judge of the court of appeals. The members of the board shall vote
   35  among themselves to determine who shall serve as chair. Each  member  of
   36  the  board  shall  be  entitled  to designate a representative to attend
   37  meetings of the board in his or her place and to vote or  otherwise  act
   38  on  his  or her behalf in his or her absence. Notice of such designation
   39  shall be furnished in writing to the board by the designating member.  A
   40  representative shall serve at the pleasure  of  the  designating  member
   41  during  the  member's  term  of  office.  A  representative shall not be
   42  authorized to delegate any of his or her  duties  or  functions  to  any
   43  other person.
   44    (2)  In the event a political subdivision disputes an amount certified
   45  to the state comptroller pursuant to paragraph (1) or (2) of subdivision
   46  (a) of this section with respect to  such  political  subdivision,  such
   47  political  subdivision  may  apply  for  relief  to the special juvenile
   48  probation review board in accordance with such rules of procedure as the
   49  board may adopt. Such application must be submitted  to  the  board  not
   50  later  than  thirty  days  following  the filing of the certification in
   51  dispute with the state comptroller and shall be acted upon by the  board
   52  within sixty days of such submission. Upon receipt of an application for
   53  relief  hereunder,  the  board  shall  grant  it  in whole or in part or
   54  dismiss it. In the event the board grants an application in whole or  in
   55  part, it shall direct the chief administrator of the courts to amend the
       S. 4489--A                         17

    1  certification  in  dispute  accordingly and to file such amended certif-
    2  ication with the state comptroller.
    3    S  15.  This act shall take effect on the first day of November in the
    4  second year following the date on which it shall have become a  law  and
    5  shall  apply  to  all  arrests  made  and  all  actions  and proceedings
    6  commenced on or after such effective date;  provided,  however,  at  any
    7  time on or after the date on which this act shall have become a law, the
    8  commissioner  of  the  division  of  criminal justice services, upon the
    9  recommendation of the office of probation and correctional alternatives,
   10  may promulgate such rules and regulations as may be necessary to  enable
   11  implementation  of  this  act  on  its effective date and such rules and
   12  regulations shall take effect on such date as the  commissioner  of  the
   13  division of criminal justice services shall prescribe.
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