Burdick, Gonzalez-Rojas, Barron, Forrest, Jackson, Perry
MLTSPNSR
Amd 720.20, CP L
Provides that an individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to such court for a new determination after at least five years have passed since the imposition of the sentence, or at least five years after the individual's latest release from incarceration, if such individual was sentenced to a period of incarceration.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6769
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the determi-
nation of youthful offender status
PURPOSE:
To grant an individual who was an eligible you but not determined to be
a youthful offender by the sentencing court the opportunity to apply for
a new determination.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 720.20 of the criminal procedure law by adding
a new subdivision 5 to provide that an individual who was an eligible
youth but not determined to be a youthful offender by the sentencing
court may apply for a new determination after at least five years have
passed provided that the individual has not been convicted of a new
crime since the original sentence was imposed. The court shall consider
factors including any mitigating circumstances at the time of the crime
and whether relief from the onus of a criminal record would facilitate
rehabilitation and successful reintegration into society.
Section 2 provides the effective date.
JUSTIFICATION:
Youthful offender adjudication is an important tool to limit the life-
long consequences a criminal conviction can have for young people.
However, many eligible young people are not granted youthful offender
status and subsequently face significant barriers caused by their crimi-
nal records carrying into their adult lives. This legislation would
offer these individuals a second chance to receive a youthful offender
determination so they can find relief from the onus of a criminal
record. Under this bill, a person who was initially denied youthful
offender treatment and has not been convicted of a crime for at least
five years since their sentence would have the opportunity to apply to
the sentencing court for a new determination. Retroactive youthful
offender adjudication will enable more New Yorkers to fully integrate
into their communities without being continuously stigmatized for
mistakes made in their youth.
PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2019 & 2020
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6769
2021-2022 Regular Sessions
IN ASSEMBLY
March 29, 2021
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to the determi-
nation of youthful offender status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 720.20 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. (a) An individual who was an eligible youth who was not determined
4 to be a youthful offender by the sentencing court may apply to the
5 sentencing court for a new determination after at least five years have
6 passed since the imposition of the sentence for which such individual
7 was not determined to be a youthful offender, or, if the individual was
8 sentenced to a period of incarceration, including a period of incarcera-
9 tion imposed in conjunction with a sentence of probation, the individ-
10 ual's latest release from incarceration, provided that such individual
11 has not been convicted of any new crime since the imposition of such
12 sentence.
13 (b) In considering whether such individual should be determined to be
14 a youthful offender pursuant to paragraph (a) of this subdivision, the
15 court shall consider the following factors:
16 (i) whether relieving the individual from the onus of a criminal
17 record would facilitate rehabilitation and successful reentry and rein-
18 tegration into society;
19 (ii) the manner in which the crime was committed;
20 (iii) the role of the individual in the crime which resulted in the
21 conviction;
22 (iv) the individual's age at the time of the crime;
23 (v) the length of time since the crime was committed;
24 (vi) any mitigating circumstances at the time the crime was committed;
25 (vii) the individual's criminal record;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02396-01-1
A. 6769 2
1 (viii) the individual's attitude toward society and respect for the
2 law; and
3 (ix) evidence of rehabilitation and demonstration of living a produc-
4 tive life including, but not limited to participation in educational and
5 vocational programs, employment history, alcohol and substance abuse
6 treatment, and family and community involvement.
7 (c) A copy of an application filed under this subdivision shall be
8 served upon the district attorney of the county in which the individual
9 was convicted. The district attorney shall notify the court within
10 forty-five days if he or she objects to the application for sealing. The
11 court may hold a hearing on the application on its own motion or on
12 motion of the district attorney or the individual filing the applica-
13 tion. If the district attorney does not file a timely objection, the
14 court shall proceed forthwith.
15 § 2. This act shall take effect immediately.
