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.
STATE OF NEW YORK
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282
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. MYRIE, BAILEY, HOYLMAN, KRUEGER, RIVERA, SALAZAR,
SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
ed to be committed to the Committee 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02396-01-1
S. 282 2
1 (vi) any mitigating circumstances at the time the crime was committed;
2 (vii) the individual's criminal record;
3 (viii) the individual's attitude toward society and respect for the
4 law; and
5 (ix) evidence of rehabilitation and demonstration of living a produc-
6 tive life including, but not limited to participation in educational and
7 vocational programs, employment history, alcohol and substance abuse
8 treatment, and family and community involvement.
9 (c) A copy of an application filed under this subdivision shall be
10 served upon the district attorney of the county in which the individual
11 was convicted. The district attorney shall notify the court within
12 forty-five days if he or she objects to the application for sealing. The
13 court may hold a hearing on the application on its own motion or on
14 motion of the district attorney or the individual filing the applica-
15 tion. If the district attorney does not file a timely objection, the
16 court shall proceed forthwith.
17 § 2. This act shall take effect immediately.
