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

                                  10257

                          I N  A S S E M B L Y

                              May 16, 2012
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

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:

  Section 1. Legislative findings. The legislature  finds  and  declares
that, each year, approximately 50,000 youths aged 16 and 17 are arrested
in  New York and prosecuted as adults in its criminal courts, overwhelm-
ingly for non-felony offenses. As many studies over the past decade have
shown, however, the adult criminal justice system does  not  effectively
respond to teenage criminal behavior. It is costly and largely ill-suit-
ed to the challenges such crime presents. Accordingly, this measure aims
to provide a distinctly new, more effective response to teenage criminal
behavior.
  Modern  behavioral  neuroscience confirms that the brains of teenagers
are not yet matured; they lack impulse  control  and  can  neither  make
fully-reasoned  judgments  nor weigh the risks and consequences of their
behavior. It is now understood that teenage offenders should be  treated
differently  from  older  criminals  because  their  offenses are not as
"morally reprehensible as that of an adult." Moreover, as  other  states
nationwide  have learned, and as the legislature now recognizes, teenag-
ers are better candidates for rehabilitation and more likely to  benefit
from  alternatives-to-incarceration programs and locally-based services.
Experience in other states  has  shown  that  recidivism  among  teenage
offenders  drops  markedly  when the latter are treated with appropriate
intervention programs and services designed for  teenagers  rather  than
with  adult criminal sanctions. Indeed, where such programs and services
are utilized, all involved can benefit: the affected teenagers, many  of
whom  can  thereby be steered away from a life of crime, and the public,
which, where these programs and services  succeed,  can  be  spared  the
consequences and costs of such a life upon the community.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15292-03-2
              

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  This is not to say that 16- and 17-year-old offenders who commit seri-
ous  offenses  should  not  be held responsible for their actions. While
they may not be adults with fully  mature  minds,  they  should  not  be
entirely  relieved  of  the  potentially  serious  consequences of their
behavior.    Echoing this view, the United States Supreme Court has held
that, even while young offenders ought not be  held  to  adult  criminal
justice  penalties,  they are not to be altogether absolved of responsi-
bility for their actions.
  After considering the options available,  the  legislature  finds  and
declares that, at the present time and given present resources, the most
effective  way  of balancing the limits and needs of non-violent 16- and
17-year-old offenders with  community  needs  and  relevant  penological
considerations  is  to  decriminalize  their offenses and to establish a
specialized forum within the state's  superior  courts  in  which  those
offenses  may  be  addressed,  a  forum that blends features of criminal
court and family court in a  youth  division  of  adult  criminal  court
presided  over  by  judges  specially trained in adolescent development,
child psychology and therapeutic approaches to child pathology and juve-
nile crime. In such fashion, young offenders can  be  afforded  benefits
ideally  suited  to  their youth and developmental status, benefits that
are an integral aspect of  juvenile  delinquency  proceedings  to  which
younger  offenders  are  subject in family court. These benefits include
ensuring that 16- and 17-year-old offenders will not be stigmatized with
criminal convictions and helping them confront the problems giving  rise
to their offenses with programmatic intervention outside the traditional
criminal  justice  environment.   This measure would establish the youth
division of superior court and prescribe the special  procedures  neces-
sary to its operation.
  S  2.  Subdivision  1 of section 1.10 of the criminal procedure law is
amended to read as follows:
  1.  The provisions of this chapter apply exclusively to:
  (a)  All criminal actions and proceedings commenced upon or after  the
effective   date   thereof  and  all  appeals  and  other  post-judgment
proceedings relating or attaching thereto; [and]
  (b)   All matters of criminal procedure  prescribed  in  this  chapter
which  do not constitute a part of any particular action or case, occur-
ring upon or after such effective date; AND
  (C) ALL ACTIONS AND PROCEEDINGS COMMENCED  PURSUANT  TO  THIS  CHAPTER
AGAINST PERSONS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO ARE NOT CRIMINALLY
RESPONSIBLE FOR THE OFFENSES CHARGED IN SUCH ACTIONS AND PROCEEDINGS.
  S 3. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 to read as follows:
  44. "YOUTH DIVISION OFFENSE" MEANS A FELONY OR MISDEMEANOR, OTHER THAN
A  VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02
OF THE PENAL LAW OR ANY OFFENSE LISTED IN PARAGRAPH TWO  OF  SUBDIVISION
EIGHTEEN  OF  SECTION  10.00 OF SUCH LAW, WHERE SUCH PERSON WAS AT LEAST
SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE  TIME  OF  THE
ALLEGED OFFENSE.
  S 4.  Subdivision 2 of section 30.20 of the criminal procedure law, as
amended  by  chapter  184  of  the  laws  of 1972, is amended to read as
follows:
  2.  Insofar as is practicable, the trial of a criminal action must  be
given  preference  over  civil cases; and the trial of a criminal action
where the defendant has been committed to [the] custody [of the sheriff]
during the pendency of the criminal action must be given preference over
other criminal actions.

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  S 5. The criminal procedure law is amended by adding a new article 155
to read as follows:
                               ARTICLE 155
             ARREST OF PERSONS AGED SIXTEEN OR SEVENTEEN AT
                    THE TIME THE OFFENSE IS COMMITTED
SECTION 155.00 APPLICABILITY.
        155.10 PROCEDURES UPON ARREST.
        155.20 SPECIAL APPEARANCE TICKET.
S 155.00 APPLICABILITY.
  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO THE ARREST BY AN OFFICER
OF  A PERSON FOR A YOUTH DIVISION OFFENSE. FOR PURPOSES OF THIS ARTICLE,
THE WORD "OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER.
S 155.10 PROCEDURES UPON ARREST.
  1. UPON THE ARREST OF A PERSON  FOR  A  YOUTH  DIVISION  OFFENSE,  THE
ARRESTING  OFFICER  MUST  IMMEDIATELY  NOTIFY THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S CARE OR, IF  SUCH  LEGALLY
RESPONSIBLE  PERSON  IS  UNAVAILABLE,  THE PERSON WITH WHOM THE ARRESTED
PERSON RESIDES, OF THE ARREST.  AFTER  MAKING  A  REASONABLE  EFFORT  TO
PROVIDE SUCH NOTIFICATION, THE OFFICER MUST:
  (A) RELEASE THE ARRESTED PERSON TO THE CUSTODY OF HIS OR HER PARENT OR
OTHER  PERSON  LEGALLY RESPONSIBLE FOR HIS OR HER CARE UPON THE ISSUANCE
OF A SPECIAL APPEARANCE TICKET IN ACCORDANCE WITH SECTION 155.20 TO  THE
ARRESTED PERSON WITH A COPY THEREOF TO THE PERSON TO WHOSE CUSTODY HE OR
SHE IS RELEASED; OR
  (B)  WHERE EFFORTS TO REACH A PARENT OR OTHER PERSON LEGALLY RESPONSI-
BLE FOR THE ARRESTED PERSON'S CARE HAVE BEEN UNSUCCESSFUL,  RELEASE  THE
ARRESTED  PERSON  UPON  THE  ISSUANCE OF A SPECIAL APPEARANCE TICKET, IN
WHICH EVENT THE OFFICER SHALL MAIL A COPY  OF  SUCH  APPEARANCE  TICKET,
WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE, TO SUCH PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE; OR
  (C)  WITHOUT  UNNECESSARY  DELAY, TAKE THE ARRESTED PERSON DIRECTLY TO
THE YOUTH DIVISION OF SUPERIOR COURT IN THE COUNTY IN WHICH THE  ALLEGED
OFFENSE WAS COMMITTED UNLESS THE OFFICER DETERMINES THAT IT IS NECESSARY
TO  QUESTION THE ARRESTED PERSON, IN WHICH CASE THE OFFICER MAY TAKE HIM
OR HER TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT
OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  CARE  OF  THE
ARRESTED  PERSON,  TO THE ARRESTED PERSON'S RESIDENCE AND THERE QUESTION
HIM OR HER FOR A REASONABLE PERIOD OF TIME.
NOTWITHSTANDING THE FOREGOING, WHERE IT APPEARS THAT THE ARRESTED PERSON
IS A SEXUALLY-EXPLOITED CHILD UNDER THE AGE OF EIGHTEEN  AS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, THE ARRESTING OFFICER SHALL TAKE THE ARRESTED PERSON TO AN
AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF SUCH PERSON CONSENTS TO  BE
TAKEN.
  2. AN ARRESTED PERSON SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION
UNLESS  HE  OR SHE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS
SECTION, IF PRESENT, HAVE BEEN ADVISED OF THE ARRESTED PERSON'S RIGHT TO
REMAIN SILENT, THAT ANY STATEMENTS MADE BY THE ARRESTED PERSON COULD  BE
USED  IN  A COURT OF LAW, THAT THE ARRESTED PERSON HAS THE RIGHT TO HAVE
AN ATTORNEY PRESENT AT SUCH QUESTIONING, AND THAT IF THE ARRESTED PERSON
CANNOT AFFORD AN ATTORNEY, ONE WILL  BE  PROVIDED  FREE  OF  CHARGE.  IN
DETERMINING  WHETHER  THE  ARRESTED  PERSON  KNOWINGLY AND INTELLIGENTLY
WAIVED ANY OF THESE RIGHTS, A COURT MAY CONSIDER, AMONG  OTHER  RELEVANT
FACTORS,  THE  ARRESTED  PERSON'S AGE, THE PRESENCE OR ABSENCE OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER  CARE  AND

A. 10257                            4

WHETHER  THERE  HAS BEEN NOTIFICATION OF THE PERSON REQUIRED TO BE NOTI-
FIED PURSUANT TO THIS SECTION.
S 155.20 SPECIAL APPEARANCE TICKET.
  1.  DEFINITION,  FORM  AND  CONTENT.  A SPECIAL APPEARANCE TICKET IS A
WRITTEN NOTICE ISSUED AND SUBSCRIBED BY AN OFFICER OR OTHER PUBLIC SERV-
ANT AUTHORIZED BY STATE  LAW  OR  LOCAL  LAW  ENACTED  PURSUANT  TO  THE
PROVISIONS OF THE MUNICIPAL HOME RULE LAW TO ISSUE THE SAME, DIRECTING A
DESIGNATED  PERSON  TO APPEAR AT THE PROBATION SERVICE FOR THE COUNTY IN
WHICH THE OFFENSE OR OFFENSES FOR WHICH THE SPECIAL APPEARANCE TICKET IS
ISSUED WERE ALLEGEDLY COMMITTED. A SPECIAL APPEARANCE TICKET,  THE  FORM
OF  WHICH SHALL BE PRESCRIBED BY RULES OF THE CHIEF ADMINISTRATOR OF THE
COURTS, IS NOT AN APPEARANCE TICKET AS PROVIDED IN ARTICLE  ONE  HUNDRED
FIFTY AND THE PROVISIONS OF SUCH ARTICLE DO NOT APPLY TO IT.
  2.  WHEN  AND  BY  WHOM ISSUED. WHENEVER AN OFFICER MAKES AN ARREST TO
WHICH THIS ARTICLE APPLIES, SUCH OFFICER MAY, SUBJECT TO THE  PROVISIONS
OF  THIS  ARTICLE,  ISSUE AND SERVE A SPECIAL APPEARANCE TICKET UPON THE
ARRESTED PERSON.
  3. FILING WITH THE PROBATION SERVICE. WHENEVER  AN  OFFICER  ISSUES  A
SPECIAL  APPEARANCE  TICKET  PURSUANT TO THIS ARTICLE, HE OR SHE, WITHIN
TWENTY-FOUR HOURS, MUST FILE OR CAUSE  TO  BE  FILED  A  COPY  WITH  THE
PROBATION  SERVICE  TO WHICH THE SPECIAL APPEARANCE TICKET IS RETURNABLE
AND SHALL FORWARD A COPY TO THE COMPLAINANT AND  THE  ARRESTED  PERSON'S
PARENT.
  4.  FAILURE  TO APPEAR AT THE PROBATION SERVICE. IF, AFTER RECEIVING A
SPECIAL APPEARANCE TICKET, A PERSON FAILS TO  APPEAR  AT  THE  PROBATION
SERVICE  AT THE TIME SUCH SPECIAL APPEARANCE TICKET IS RETURNABLE, OR IF
THE COMPLAINANT WHO RECEIVED A COPY OF SUCH  SPECIAL  APPEARANCE  TICKET
FAILS  TO  APPEAR  AT  SUCH  TIME,  THE PROBATION SERVICE MAY ATTEMPT TO
SECURE THE ATTENDANCE OF SUCH PERSON OR SUCH COMPLAINANT,  AS  APPROPRI-
ATE,  THROUGH  WRITTEN,  TELEPHONIC  OR ELECTRONIC NOTIFICATION. IF SUCH
NOTIFICATION IS UNSUCCESSFUL, OR IF NO EFFORTS AT NOTIFICATION ARE MADE,
THE PROBATION SERVICE, NOT LATER THAN SEVEN DAYS FOLLOWING THE TIME  THE
SPECIAL  APPEARANCE  TICKET  WAS  RETURNABLE,  MUST  NOTIFY THE DISTRICT
ATTORNEY WHO MAY THEREUPON TAKE APPROPRIATE ACTION, WHICH  MAY  INCLUDE,
IN  HIS  OR  HER DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH
THE YOUTH DIVISION OF THE SUPERIOR COURT. UPON SUCH FILING OF AN ACCUSA-
TORY INSTRUMENT, THE YOUTH DIVISION MAY ISSUE A SUMMONS OR A WARRANT  OF
ARREST  TO  COMPEL THE ATTENDANCE OF THE PERSON WHO RECEIVED THE SPECIAL
APPEARANCE TICKET BEFORE THE COURT AND, WHERE IT DOES SO AND  WHERE  THE
PERSON  FAILED  TO  APPEAR  AT  THE  PROBATION  SERVICE AT THE TIME SUCH
SPECIAL APPEARANCE TICKET  WAS  RETURNABLE,  THE  YOUTH  DIVISION  SHALL
REQUIRE  THAT  A REPORT BE MADE TO THE YOUTH DIVISION WITHIN THIRTY DAYS
ON THE EFFORTS MADE TO SECURE SUCH ATTENDANCE.   UPON  RECEIPT  OF  SUCH
REPORT,  THE  COURT  SHALL  NOTIFY  THE  PARENT  OR OTHER PERSON LEGALLY
RESPONSIBLE FOR CARE OF THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT
OR, IF SUCH LEGALLY RESPONSIBLE PERSON IS NOT AVAILABLE, A  PERSON  WITH
WHOM  THE  PERSON  CHARGED  IN  SUCH  ACCUSATORY INSTRUMENT RESIDES, AND
REQUEST THAT SUCH PERSON OR  OTHER  LEGALLY  RESPONSIBLE  PERSON  APPEAR
BEFORE THE COURT.
  S 6. Section 160.10 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  THE  PROVISIONS OF PARAGRAPHS (B) THROUGH (D) OF SUBDIVISION ONE
OF THIS SECTION SHALL NOT APPLY WHERE THE ARRESTED PERSON  OR  DEFENDANT
WAS  SIXTEEN  OR  SEVENTEEN  YEARS  OF  AGE  AT  THE TIME OF THE ALLEGED
OFFENSE.

A. 10257                            5

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

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  (A)  UPON  THE APPEARANCE OF SUCH PERSON BEFORE SUCH PROBATION SERVICE
IN COMPLIANCE WITH A SPECIAL APPEARANCE TICKET ISSUED PURSUANT TO  ARTI-
CLE ONE HUNDRED FIFTY-FIVE; OR
  (B)  PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT WHERE SUCH PERSON
WAS ARRESTED FOR A YOUTH DIVISION OFFENSE, AND (I) NO SPECIAL APPEARANCE
TICKET WAS ISSUED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OR  (II)  A
SPECIAL  APPEARANCE TICKET WAS ISSUED BUT THE PERSON FAILED TO APPEAR AT
THE PROBATION SERVICE WHEN REQUIRED TO DO SO; OR
  (C) AS ORDERED BY THE COURT.
  NOTHING IN THIS SECTION SHALL PREVENT THE COMPLAINANT FROM  REQUESTING
THAT  THE  DISTRICT ATTORNEY COMMENCE A CRIMINAL ACTION AGAINST A PERSON
WHO HAS BEEN ARRESTED FOR  AN  OFFENSE  OR  OFFENSES  THAT  A  PROBATION
SERVICE  IS  ATTEMPTING  TO  ADJUST  PURSUANT TO THIS SECTION WHILE SUCH
EFFORTS TO ADJUST ARE ONGOING.
  2. (A) IN PURSUIT OF SUCH  ADJUSTMENT,  THE  PROBATION  SERVICE  SHALL
CONFER  WITH  THE ARRESTED PERSON; HIS OR HER PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE; THE COMPLAIN-
ANT; AND ANY OTHER INTERESTED PERSONS. THE PROBATION  SERVICE  ALSO  MAY
DIRECT  THE ARRESTED PERSON TO COMPLY WITH CERTAIN CONDITIONS (WHICH MAY
INCLUDE RESTITUTION OR REPARATION, IF APPROPRIATE)  AND  PARTICIPATE  IN
DESIGNATED  PROGRAMS.  IF, FOLLOWING SUCH EFFORTS, THE PROBATION SERVICE
DETERMINES THAT THE OFFENSE OR OFFENSES FOR WHICH SUCH PERSON  HAS  BEEN
ARRESTED  SHOULD  BE  ADJUSTED,  THE PROBATION SERVICE SHALL ADJUST SUCH
OFFENSE OR OFFENSES AND SHALL SO NOTIFY THE ARRESTED PERSON, HIS OR  HER
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
ARRESTED  PERSON'S  CARE, THE COMPLAINANT, THE DISTRICT ATTORNEY AND THE
CLERK OF THE YOUTH DIVISION. UPON ADJUSTMENT OF AN OFFENSE HEREUNDER, NO
FURTHER ACTION MAY BE TAKEN AGAINST  THE  ARRESTED  PERSON  INVOLVED  IN
RELATION TO SUCH OFFENSE OR OFFENSES PURSUANT TO THIS CHAPTER.
  (B)  THE  FACT  THAT  A  PERSON  IS  DETAINED  SHALL  NOT PROHIBIT THE
PROBATION SERVICE FROM ADJUSTING AN OFFENSE OR OFFENSES FOR  WHICH  SUCH
PERSON WAS ARRESTED.
  3.  (A)  FOLLOWING  EFFORTS  TO  ADJUST A CRIMINAL OFFENSE OR OFFENSES
UNDER THIS SECTION, WHICH SHALL NOT TAKE LONGER THAN TWO MONTHS  WITHOUT
COURT PERMISSION (OR SUCH GREATER PERIOD AS THE COURT MAY PERMIT, NOT TO
EXCEED AN ADDITIONAL TWO MONTHS), THE PROBATION SERVICE MUST:
  (I)  ADJUST  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES, IN WHICH EVENT THE
PROBATION SERVICE MUST SO NOTIFY THE DISTRICT ATTORNEY, THE YOUTH  DIVI-
SION,  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
EACH APPROPRIATE POLICE DEPARTMENT  AND  OTHER  LAW  ENFORCEMENT  AGENCY
WHEREUPON  THEY SHALL SEAL ALL RECORDS OF THE ARREST FOR SUCH OFFENSE OR
OFFENSES, AND DESTROY ANY PALMPRINTS OR FINGERPRINTS IN THEIR POSSESSION
OR CONTROL THAT WERE TAKEN FROM THE PERSON  WHOSE  OFFENSE  OR  OFFENSES
WERE  ADJUSTED WHEN HE OR SHE WAS ARRESTED FOR SUCH OFFENSE OR OFFENSES;
OR
  (II) NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PROBATION
SERVICE IS LOCATED, WITHIN FORTY-EIGHT HOURS  OR  THE  NEXT  COURT  DAY,
WHICHEVER  IS  LATER,  THAT  EFFORTS  TO ADJUST SUCH CRIMINAL OFFENSE OR
OFFENSES HAVE FAILED. UPON RECEIPT OF SUCH  NOTIFICATION,  THE  DISTRICT
ATTORNEY  MAY  TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, IN HIS OR HER
DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH THE YOUTH  DIVI-
SION.
  (B)  WHERE  THE  PROBATION SERVICE ADJUSTS THE OFFENSE OR OFFENSES FOR
WHICH A PERSON HAS BEEN ARRESTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARA-
GRAPH  (A) OF THIS SUBDIVISION, AND SUCH PERSON IS DETAINED AT THE TIME,

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THE PROBATION SERVICE SHALL NOTIFY THE FACILITY IN WHICH SUCH PERSON  IS
DETAINED TO RELEASE SUCH PERSON.
  (C)  UPON THE FAILURE OF A PERSON TO COMPLY WITH ANY CONDITION IMPOSED
BY THE PROBATION SERVICE PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
THE PROBATION SERVICE MAY REIMPOSE SUCH CONDITION, IMPOSE NEW CONDITIONS
OR  DETERMINE  THAT  ALL  REASONABLE  EFFORTS  TO  ADJUST THE OFFENSE OR
OFFENSES HAVE FAILED AND PROCEED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  PROBATION  SERVICE
SHALL  NOT  TRANSMIT  OR OTHERWISE DISCLOSE TO THE DISTRICT ATTORNEY ANY
STATEMENT MADE BY AN ARRESTED PERSON TO A PROBATION OFFICER,  NOR  SHALL
ANY STATEMENT OF AN ARRESTED PERSON MADE TO THE PROBATION SERVICE IN THE
COURSE  OF  EFFORTS PURSUANT TO THIS SECTION AT ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES BE ADMITTED INTO EVIDENCE IN ANY CRIMINAL ACTION  OR
PROCEEDING  AGAINST  SUCH  PERSON  OR  IN ANY OTHER ACTION OR PROCEEDING
AGAINST SUCH PERSON IN THE  YOUTH  DIVISION.    HOWEVER,  THE  PROBATION
SERVICE  MAY  MAKE  A  RECOMMENDATION REGARDING ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES TO THE DISTRICT ATTORNEY AND PROVIDE  SUCH  INFORMA-
TION,  INCLUDING  ANY REPORT MADE BY THE ARRESTING OFFICER AND RECORD OF
PREVIOUS ADJUSTMENTS AND ARRESTS AS IT SHALL DEEM RELEVANT.
  5. WHERE THE PROBATION SERVICE ADJUSTS A CRIMINAL OFFENSE OR  OFFENSES
UNDER THIS SECTION AFTER AN ACCUSATORY INSTRUMENT CHARGING SUCH CRIMINAL
OFFENSE  OR  OFFENSES  HAS  BEEN  FILED WITH OR TRANSFERRED TO THE YOUTH
DIVISION, THE YOUTH  DIVISION,  UPON  NOTIFICATION  OF  SUCH  ADJUSTMENT
PURSUANT  TO  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION, MUST DISMISS SUCH ACCUSATORY INSTRUMENT PURSUANT TO  PARA-
GRAPH  (G)  OF  SUBDIVISION  ONE  OF  SECTION 170.30 OR PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION 210.20, AS APPROPRIATE, AS IF  A  MOTION  FOR
SUCH DISMISSAL HAD BEEN MADE BY DEFENDANT THEREUNDER.
  6.  THE  CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE PROCEDURES
TO BE FOLLOWED BY A PROBATION SERVICE IN DISCHARGE OF  ITS  RESPONSIBIL-
ITIES  PURSUANT TO THIS SECTION.  SUCH RULES ALSO SHALL PRESCRIBE STAND-
ARDS TO BE FOLLOWED BY A PROBATION SERVICE  IN  DETERMINING  WHETHER  TO
ADJUST A CRIMINAL OFFENSE OR OFFENSES PURSUANT TO THIS SECTION.
S 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH DIVISION  OF  THE
SUPERIOR  COURT  FOR  THE  COUNTY  IN  WHICH SUCH COURT PRESIDES. JUDGES
PRESIDING IN THE YOUTH DIVISION SHALL RECEIVE  TRAINING  IN  SPECIALIZED
AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO,  JUVENILE JUSTICE, ADOLESCENT
DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING  CRIME  COMMIS-
SION  BY ADOLESCENTS.   WHERE THE PROVISIONS OF THE FAMILY COURT ACT ARE
INCLUDED OR INCORPORATED BY REFERENCE IN THIS ARTICLE, THE  YOUTH  DIVI-
SION  MAY  CONSIDER  JUDICIAL  INTERPRETATIONS OF SUCH PROVISIONS TO THE
EXTENT THAT THEY MAY ASSIST  THE  YOUTH  DIVISION  IN  INTERPRETING  THE
PROVISIONS OF THIS CHAPTER.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
THREE OF SECTION 722.20, THE YOUTH DIVISION SHALL HAVE:
  1.  EXCLUSIVE PRELIMINARY AND TRIAL JURISDICTION OF ALL YOUTH DIVISION
OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT;
  2. PRELIMINARY AND TRIAL JURISDICTION, CONCURRENT WITH LOCAL  CRIMINAL
COURTS, OF ALL OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT THAT CHARG-
ES A PERSON WITH ONE OR MORE CRIMES AT LEAST ONE OF WHICH IS NOT A YOUTH
DIVISION  OFFENSE,  WHERE SUCH PERSON WAS AT LEAST SIXTEEN YEARS OLD AND
LESS THAN EIGHTEEN YEARS OLD AT THE TIME HE OR SHE IS  ALLEGED  TO  HAVE
COMMITTED THE OFFENSES CHARGED; AND

A. 10257                            8

  3. JURISDICTION OVER ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS
REQUIRED BY THIS CHAPTER TO BE CONDUCTED IN SUPERIOR COURT.
S 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF GUILT.
  1.  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS ARTICLE, THE PROVISIONS OF
THIS CHAPTER SHALL APPLY IN EACH ACTION OR PROCEEDING IN THE YOUTH DIVI-
SION OF SUPERIOR COURT. SOLELY FOR PURPOSES HEREOF, A PROCEEDING IN  THE
YOUTH DIVISION SHALL BE DEEMED A CRIMINAL PROCEEDING, THE PERSON SUBJECT
TO  SUCH  PROCEEDING SHALL BE DEEMED A DEFENDANT AND THE CHARGES AGAINST
SUCH PERSON SHALL BE DEEMED CRIMINAL CHARGES; PROVIDED, HOWEVER, THAT IF
SPECIFIC OFFENSES CHARGED AGAINST A DEFENDANT DESCRIBED  IN  SUBDIVISION
ONE  OF SECTION 722.40 RESULT IN A PLEA OF GUILTY OR SUCH A DEFENDANT IS
OTHERWISE FOUND GUILTY THEREOF, NO CONVICTION THEREOF SHALL BE ENTERED.
  2. NOTWITHSTANDING THE PROVISIONS OF TITLE H OF THIS CHAPTER, WHERE  A
DEFENDANT  WAS  AT  LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS
OLD AT THE TIME HE OR SHE IS ALLEGED  TO  HAVE  COMMITTED  THE  OFFENSES
CHARGED  IN AN ACCUSATORY INSTRUMENT, ALL REFERENCES TO A LOCAL CRIMINAL
COURT IN SUCH TITLE SHALL BE DEEMED REFERENCES TO  THE  YOUTH  DIVISION.
FOR THE PURPOSE OF EXERCISING PRELIMINARY JURISDICTION OVER AN ACTION OR
PROCEEDING PURSUANT TO SUCH TITLE, THE YOUTH DIVISION SHALL HAVE ALL THE
POWERS OF A LOCAL CRIMINAL COURT THEREUNDER.
  3.  WHERE THE YOUTH DIVISION IS NOT IN SESSION AND UNABLE TO ARRAIGN A
DEFENDANT, SUCH DEFENDANT MAY BE ARRAIGNED  BEFORE  ANY  LOCAL  CRIMINAL
COURT  IN  WHICH  HE  OR  SHE COULD BE ARRAIGNED WERE HE OR SHE AT LEAST
EIGHTEEN YEARS OF AGE AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED
THE OFFENSE OR OFFENSES CHARGED IN AN ACCUSATORY  INSTRUMENT;  PROVIDED,
HOWEVER,  IN  SUCH  EVENT AND UNLESS THE LOCAL CRIMINAL COURT INTENDS TO
DISMISS THE ACTION IMMEDIATELY THEREAFTER,  SUCH  LOCAL  CRIMINAL  COURT
MUST  TRANSFER THE MATTER FORTHWITH TO THE YOUTH DIVISION AND SHALL MAKE
THE MATTER RETURNABLE IN THE YOUTH DIVISION ON THE NEXT  DAY  THE  YOUTH
DIVISION IS IN SESSION AFTER ARRAIGNMENT IN THE LOCAL CRIMINAL COURT.
  4.  (A) UPON ANY OCCASION WHEN THE YOUTH DIVISION (OR A LOCAL CRIMINAL
COURT AS PROVIDED HEREUNDER WHEN THE YOUTH DIVISION IS NOT  IN  SESSION)
IS  REQUIRED  TO  ISSUE A SECURING ORDER WITH RESPECT TO A PRINCIPAL WHO
WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF  HIS  OR  HER  ALLEGED
OFFENSE  OR OFFENSES, AND SUCH OFFENSE OR OFFENSES ARE EXCLUSIVELY YOUTH
DIVISION OFFENSES, THE COURT MAY NOT COMMIT SUCH  PRINCIPAL  TO  CUSTODY
UNLESS AVAILABLE LESS RESTRICTIVE ALTERNATIVES THERETO, INCLUDING CONDI-
TIONAL RELEASE, WOULD NOT BE APPROPRIATE. IF SUCH COURT DOES COMMIT SUCH
PRINCIPAL TO CUSTODY, SUCH COMMITMENT MUST BE IN A DETENTION FACILITY IN
WHICH  A  CHILD SUBJECT TO THE PROVISIONS OF ARTICLE THREE OF THE FAMILY
COURT ACT COULD BE DETAINED.
  (B) ONCE A PRINCIPAL DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IS
COMMITTED TO CUSTODY, THE COURT SHALL MAKE THE FOLLOWING FINDINGS, WHICH
SHALL BE INCLUDED IN A WRITTEN ORDER AS REQUIRED BY FEDERAL LAW:
  (I) WHETHER THE CONTINUATION OF THE PRINCIPAL OUTSIDE OF CUSTODY WOULD
BE CONTRARY TO HIS OR HER BEST INTERESTS BASED UPON, AND LIMITED TO, THE
FACTS AND CIRCUMSTANCES AVAILABLE TO  THE  COURT  AT  THE  TIME  OF  THE
ARRAIGNMENT; AND
  (II)  WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF
THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE ON
WHICH THE PRINCIPAL WAS COMMITTED TO CUSTODY THAT RESULTED IN THE SECUR-
ING ORDER TO PREVENT OR ELIMINATE THE NEED FOR COMMITTING THE  PRINCIPAL
TO  CUSTODY  OR, IF THE PRINCIPAL HAD BEEN COMMITTED TO CUSTODY PRIOR TO
ARRAIGNMENT,  WHERE  APPROPRIATE  AND  CONSISTENT  WITH  THE  NEED   FOR
PROTECTION  OF  THE  COMMUNITY,  WHETHER REASONABLE EFFORTS WERE MADE TO
MAKE IT POSSIBLE FOR THE PRINCIPAL TO BE RELEASED FROM CUSTODY.

A. 10257                            9

S 722.30 YOUTH  DIVISION;  SPECIAL  PROCEDURES   FOLLOWED   IN   CERTAIN
           PROCEEDINGS  AGAINST  CERTAIN  OFFENDERS;  REMOVAL  TO FAMILY
           COURT.
  1.  UPON  MOTION  OF  THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT AND PRIOR TO A JUDGMENT OF CONVICTION, THE YOUTH DIVISION  OF
THE  SUPERIOR COURT MAY DIRECT THAT ALL PROCEEDINGS AGAINST SUCH DEFEND-
ANT IN SUCH YOUTH DIVISION FOLLOWING A PLEA OF GUILTY OR OTHER  DETERMI-
NATION  OF  GUILT, WHETHER OR NOT SUCH PLEA OR OTHER DETERMINATION SHALL
HAVE OCCURRED AT THE TIME OF SUCH MOTION, SHALL BE CONDUCTED IN  ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  SECTION  722.40  IN ANY CASE WHERE SUCH
DEFENDANT:
  (A) IS A JUVENILE OFFENDER AND THE CASE HAS NOT BEEN REMOVED TO FAMILY
COURT PURSUANT TO THIS CHAPTER; OR
  (B) WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT
THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED AN OFFENSE  OR  OFFENSES
CHARGED  IN THE ACCUSATORY INSTRUMENT AT LEAST ONE OF WHICH IS A VIOLENT
FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF  THE
PENAL  LAW OR AN OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION EIGHTEEN
OF SECTION 10.00 OF SUCH LAW.
  2. IN DETERMINING  A  MOTION  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  YOUTH  DIVISION  MUST  CONSIDER  THE FACTORS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION AND MAY NOT GRANT SUCH A MOTION  UNLESS
IT  DETERMINES  THAT  TO  DO  SO  WOULD  BE IN THE INTERESTS OF JUSTICE;
PROVIDED, HOWEVER, THE YOUTH  DIVISION  MAY  NOT  GRANT  SUCH  A  MOTION
UNLESS:
  (A)  THE  YOUTH  DIVISION FINDS SPECIFIC FACTORS, ONE OR MORE OF WHICH
REASONABLY SUPPORT SUCH MOTION, SHOWING:  (I)  MITIGATING  CIRCUMSTANCES
THAT  BEAR  DIRECTLY  UPON  THE MANNER IN WHICH THE CRIME WAS COMMITTED;
(II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME,  THE
DEFENDANT'S  PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS
TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE  DEFICIEN-
CIES IN THE PROOF OF THE CRIME;
  (B)  AFTER  CONSIDERATION OF THE FACTORS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION, THE YOUTH DIVISION DETERMINES THAT FURTHER  PROCEEDINGS
IN RELATION TO THE DEFENDANT CONDUCTED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 722.40 WOULD BE IN THE INTERESTS OF JUSTICE; AND
  (C) THE DISTRICT ATTORNEY CONSENTS THERETO.
  3. (A) UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT  AND  PRIOR TO A JUDGEMENT OF CONVICTION, THE YOUTH DIVISION,
AFTER CONSIDERATION OF THE RELEVANT FACTORS  SET  FORTH  IN  SUBDIVISION
FOUR  OF THIS SECTION AND IF THE YOUTH DIVISION DETERMINES THAT TO DO SO
WOULD BE IN THE INTEREST OF JUSTICE, MAY DIRECT THAT THE ACTION  AGAINST
THE DEFENDANT BE REMOVED TO FAMILY COURT IN ANY CASE WHERE THE DEFENDANT
IS  CHARGED  IN  THE  YOUTH  DIVISION EXCLUSIVELY WITH ONE OR MORE YOUTH
DIVISION OFFENSES AND:
  (I) THE DEFENDANT IS A PARTY TO OR IS OTHERWISE A SUBJECT  OF  PENDING
PROCEEDINGS  IN THE FAMILY COURT UNDER ARTICLE THREE, SEVEN, EIGHT, TEN,
TEN-A, TEN-B OR TEN-C OF THE FAMILY COURT ACT; OR
  (II) THE COURT DETERMINES THAT THE DEFENDANT IS  A  SEXUALLY-EXPLOITED
CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
  (B)  WHERE  THE  YOUTH DIVISION DIRECTS REMOVAL OF AN ACTION TO FAMILY
COURT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,
THE PROVISIONS OF SUBDIVISIONS SIX THROUGH NINE OF  SECTION  725.05  AND
SECTIONS  725.10  AND  725.15  OF THIS TITLE SHALL APPLY TO SUCH REMOVAL
PROVIDED THAT:

A. 10257                           10

  (I) FOR PURPOSES OF SUBDIVISION SIX OF SECTION 725.05, "THE  JUVENILE"
SHALL REFER TO THE DEFENDANT IN THE ACTION BEING REMOVED; AND
  (II)  NOTWITHSTANDING  THE  PROVISIONS  OF ARTICLE THREE OF THE FAMILY
COURT ACT, UPON SUCH REMOVAL, THE FAMILY  COURT  SHALL  HAVE  AND  SHALL
EXERCISE  JURISDICTION  OVER THE DEFENDANT IN THE PROCEEDING REQUIRED TO
BE ORIGINATED IN SUCH COURT  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
725.10  AS  IF THE DEFENDANT WERE OVER SEVEN AND LESS THAN SIXTEEN YEARS
OF AGE.
  4. IN MAKING ITS DETERMINATION PURSUANT TO SUBDIVISION ONE OR THREE OF
THIS SECTION, THE YOUTH DIVISION SHALL, TO THE EXTENT APPLICABLE,  EXAM-
INE INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
  (A) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
  (B) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
  (C)  THE  EVIDENCE  OF  GUILT,  WHETHER  ADMISSIBLE OR INADMISSIBLE AT
TRIAL;
  (D) THE HISTORY, CHARACTER AND CONDITION OF THE  DEFENDANT,  INCLUDING
HIS OR HER DEVELOPMENTAL AND COGNITIVE LEVELS;
  (E)  THE  PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE
AUTHORIZED FOR THE OFFENSE;
  (F) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH  THE  PROVISIONS  OF
SECTION  722.40  MAY  HAVE ON THE SAFETY OR WELFARE OF THE COMMUNITY AND
THE DEFENDANT'S NEEDS AND BEST INTERESTS;
  (G) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH  THE  PROVISIONS  OF
SECTION 722.40 WOULD HAVE UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIM-
INAL JUSTICE SYSTEM;
  (H)  WHERE  THE  COURT  DEEMS  IT  APPROPRIATE,  THE  CONCERNS  OF THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
  (I) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT  OF  CONVICTION
IN A CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
  5.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE  AND TWO OF SECTION 210.45,
GOVERNING PROCEDURE ON A MOTION TO DISMISS AN INDICTMENT, SHALL APPLY TO
PROCEDURE UPON A MOTION PURSUANT TO SUBDIVISION ONE  OR  THREE  OF  THIS
SECTION.  AFTER ALL PAPERS OF BOTH PARTIES HAVE BEEN FILED AND AFTER ALL
DOCUMENTARY EVIDENCE, IF ANY, HAS BEEN  SUBMITTED,  THE  YOUTH  DIVISION
MUST CONSIDER THE SAME FOR THE PURPOSE OF DETERMINING WHETHER THE MOTION
IS  DETERMINABLE  ON  THE  MOTION PAPERS SUBMITTED AND, IF NOT, MAY MAKE
SUCH INQUIRY AS IT DEEMS NECESSARY FOR THE PURPOSE OF MAKING A  DETERMI-
NATION.
  6. FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION,
ANY  EVIDENCE  WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE
DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED  AGAINST
HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTI-
MONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
  7.  (A) IF THE YOUTH DIVISION ORDERS THE PROCEEDINGS TO CONTINUE UNDER
THE PROVISIONS OF SECTION 722.40, IT  SHALL  STATE  ON  THE  RECORD,  IN
DETAIL AND NOT IN CONCLUSORY TERMS, THE FACTOR OR FACTORS UPON WHICH ITS
DETERMINATION IS BASED.
  (B)  THE  DISTRICT ATTORNEY SHALL STATE UPON THE RECORD, IN DETAIL AND
NOT IN CONCLUSORY TERMS, THE REASONS FOR HIS OR HER CONSENT TO HAVE  THE
PROCEEDINGS CONTINUE UNDER THE PROVISIONS OF SECTION 722.40.
S 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMINATION OF
           GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR SEVENTEEN YEARS
           OLD AT THE TIME OF OFFENSE.
  1.  IF  A DEFENDANT WHO IS CHARGED IN THE YOUTH DIVISION OF A SUPERIOR
COURT WITH ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO  IS  ENTITLED  TO
PROCEED PURSUANT TO THIS SECTION UPON GRANT OF A MOTION MADE PURSUANT TO

A. 10257                           11

SUBDIVISION  ONE  OF  SECTION  722.30)  PLEADS GUILTY TO SUCH OFFENSE OR
OFFENSES OR IS OTHERWISE FOUND GUILTY THEREOF, THE COURT SHALL  SCHEDULE
A  DISPOSITIONAL  HEARING  PURSUANT  TO  THIS SECTION.   A DEFENDANT WHO
PLEADS  GUILTY  TO OR IS OTHERWISE FOUND GUILTY OF A CRIME THAT IS NOT A
YOUTH DIVISION OFFENSE SHALL NOT BE DEEMED "A DEFENDANT WHO  IS  CHARGED
IN  THE  YOUTH DIVISION OF A SUPERIOR COURT WITH ONE OR MORE YOUTH DIVI-
SION OFFENSES" FOR PURPOSES OF THIS SUBDIVISION NOTWITHSTANDING THAT, IN
THE SAME ACTION OR PROCEEDING, HE OR SHE PLEADS GUILTY TO OR  IS  OTHER-
WISE  FOUND GUILTY OF ONE OR MORE OTHER OFFENSES THAT ARE YOUTH DIVISION
OFFENSES.
  2. FOR PURPOSES OF THIS SECTION, A  "DISPOSITIONAL  HEARING"  MEANS  A
HEARING  TO DETERMINE WHETHER THE DEFENDANT REQUIRES SUPERVISION, TREAT-
MENT OR CONFINEMENT.  WHERE THE YOUTH DIVISION  ORDERS  A  DISPOSITIONAL
HEARING PURSUANT TO THIS SECTION, ALL FURTHER PROCEEDINGS IN RELATION TO
THE  DEFENDANT  SHALL  BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF
PARTS FIVE AND SIX OF ARTICLE THREE OF THE FAMILY  COURT  ACT,  PROVIDED
THAT REFERENCES THEREIN:
  (A)  TO  A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN
PROCEEDINGS IN THE YOUTH DIVISION, AND TO A "PRESENTMENT  AGENCY"  SHALL
MEAN TO THE DISTRICT ATTORNEY;
  (B)  TO  A  "DELINQUENCY  PROCEEDING" OR TO A "DELINQUENCY CASE" SHALL
MEAN TO AN ACTION OR PROCEEDING IN A YOUTH DIVISION, AND TO  A  "FINDING
OF DELINQUENCY" SHALL MEAN TO A DETERMINATION OF GUILT;
  (C)  TO  "SUBDIVISION ONE OF SECTION 345.1" SHALL MEAN SUBDIVISION ONE
OF THIS SECTION;
  (D) TO "AN ORDER PURSUANT TO SECTION 315.3" SHALL MEAN TO AN  ADJOURN-
MENT IN CONTEMPLATION OF DISMISSAL; AND
  (E)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER.
  3. PROVIDED FURTHER THAT, FOR PURPOSES OF THIS SUBDIVISION, REFERENCES
CONTAINED IN SUBDIVISION SIX OF SECTION 355.3 OF THE FAMILY COURT ACT TO
A "RESPONDENT'S EIGHTEENTH BIRTHDAY" AND TO  "THE  CHILD'S  TWENTY-FIRST
BIRTHDAY"  SHALL  MEAN TO A "DEFENDANT'S TWENTIETH BIRTHDAY" AND TO "THE
DEFENDANT'S TWENTY-THIRD BIRTHDAY", RESPECTIVELY.
S 722.50 YOUTH DIVISION; DISPOSITION  OF  RECORDS  UPON  TERMINATION  OF
           ACTIONS OR PROCEEDINGS.
  1.  WHERE, IN AN ACTION OR PROCEEDING PURSUANT TO THIS ARTICLE AGAINST
A DEFENDANT WHO WAS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR  COURT
EXCLUSIVELY  WITH  ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO WAS ENTI-
TLED TO PROCEED PURSUANT TO SECTION 722.40 UPON GRANT OF A  MOTION  MADE
PURSUANT  TO  SUBDIVISION  ONE  OF SECTION 722.30), THE DEFENDANT PLEADS
GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH HE OR SHE WAS CHARGED OR IS
OTHERWISE DETERMINED TO BE GUILTY THEREOF, THE  PROVISIONS  OF  SECTIONS
375.2,  380.1,  381.2  AND  381.3 OF THE FAMILY COURT ACT SHALL APPLY TO
DISPOSITION OF THE RECORDS OF SUCH ACTION OR PROCEEDING. FOR PURPOSES OF
THIS SECTION, REFERENCES IN SUCH SECTIONS OF THE FAMILY COURT ACT:
  (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE  DEFENDANT  IN
PROCEEDINGS IN THE YOUTH DIVISION;
  (B)  TO A "DELINQUENCY PROCEEDING" SHALL MEAN TO AN ACTION OR PROCEED-
ING IN A YOUTH DIVISION;
  (C) TO A "PRESENTMENT AGENCY" OR  THE  "DIRECTOR  OF  THE  APPROPRIATE
PRESENTMENT AGENCY" SHALL MEAN TO THE DISTRICT ATTORNEY;
  (D)  TO  A  "FINDING  OF  DELINQUENCY  PURSUANT  TO SUBDIVISION ONE OF
SECTION 352.1" OR TO A "FINDING OF JUVENILE DELINQUENCY" SHALL MEAN TO A
PLEA OF GUILTY TO THE OFFENSE OR OFFENSES  WITH  WHICH  A  DEFENDANT  IS
CHARGED  OR  A  VERDICT  OF  GUILTY THERETO AND TO "PERSON ADJUDICATED A

A. 10257                           12

JUVENILE DELINQUENT" SHALL MEAN TO A DEFENDANT WHO HAS MADE SUCH A  PLEA
OR BEEN SUBJECT TO SUCH A VERDICT;
  (E) TO "RESPONDENT'S SIXTEENTH BIRTHDAY" SHALL MEAN TO THE DEFENDANT'S
EIGHTEENTH BIRTHDAY;
  (F)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER;
  (G) TO "FAMILY COURT" OR "COURT" SHALL MEAN TO THE YOUTH DIVISION.
  2. NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
160.50,  TERMINATION  OF  AN  ACTION OR PROCEEDING IN THE YOUTH DIVISION
OTHER THAN BY A DEFENDANT'S PLEA OF GUILTY TO THE  OFFENSE  OR  OFFENSES
WITH  WHICH  HE  OR  SHE  WAS CHARGED OR BY A VERDICT OF GUILTY THERETO,
WHERE THE DEFENDANT WAS CHARGED WITH ONE OR MORE YOUTH DIVISION OFFENSES
(OR WHERE THE DEFENDANT WAS ENTITLED  TO  PROCEED  PURSUANT  TO  SECTION
722.40  UPON  GRANT  OF  A  MOTION  MADE  PURSUANT TO SUBDIVISION ONE OF
SECTION 722.30), SHALL BE DEEMED A "TERMINATION OF A CRIMINAL ACTION  OR
PROCEEDING  AGAINST  A  PERSON  IN FAVOR OF SUCH PERSON" FOR PURPOSES OF
SUCH SECTION 160.50.
  3. WHERE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE  TAKEN  PURSUANT
TO SECTION 160.10 AND THE ACTION WAS SUBSEQUENTLY ADJUDICATED IN ACCORD-
ANCE  WITH SECTION 722.40, THE CLERK OF THE YOUTH DIVISION SHALL FORWARD
OR CAUSE TO BE FORWARDED TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES NOTIFICATION OF  SUCH  ADJUDICATION  AND  SUCH  RELATED
INFORMATION  AS MAY BE REQUIRED BY SUCH COMMISSIONER. IF A DEFENDANT HAS
PLEADED GUILTY OR OTHERWISE BEEN  DETERMINED  TO  HAVE  BEEN  GUILTY  OF
OFFENSES  OTHER THAN A FELONY, ALL SUCH FINGERPRINTS, PALMPRINTS, PHOTO-
GRAPHS, AND COPIES THEREOF, AND ALL INFORMATION RELATING TO SUCH ALLEGA-
TIONS OBTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
SECTION  160.10 SHALL BE DESTROYED FORTHWITH. IF A DEFENDANT HAS PLEADED
GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF A FELONY, ALL
FINGERPRINTS AND RELATED INFORMATION OBTAINED BY THE DIVISION OF  CRIMI-
NAL  JUSTICE SERVICES PURSUANT TO SUCH SECTION SHALL BECOME PART OF SUCH
DIVISION'S PERMANENT ADULT CRIMINAL RECORD FOR  THAT  PERSON;  PROVIDED,
HOWEVER,  THAT  WHEN  SUCH  PERSON REACHES THE AGE OF TWENTY-ONE, OR HAS
BEEN DISCHARGED FROM ANY PLACEMENT IMPOSED UNDER THIS ARTICLE, WHICHEVER
OCCURS LATER, AND  HAS  NO  CRIMINAL  CONVICTIONS  OR  PENDING  CRIMINAL
ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER-
PRINTS,  PALMPRINTS,  PHOTOGRAPHS,  AND  RELATED  INFORMATION AND COPIES
THEREOF OBTAINED PURSUANT TO SECTION 160.10 IN  THE  POSSESSION  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  ANY  POLICE  DEPARTMENT, LAW
ENFORCEMENT AGENCY OR ANY OTHER AGENCY  SHALL  BE  DESTROYED  FORTHWITH.
THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL NOTIFY THE AGENCY OR
AGENCIES WHICH FORWARDED  FINGERPRINTS  TO  SUCH  DIVISION  PURSUANT  TO
SECTION  160.10  OF  THEIR  OBLIGATION TO DESTROY THOSE RECORDS IN THEIR
POSSESSION.
S 722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
  THE RECORDS OF ANY PROCEEDING IN THE  YOUTH  DIVISION  OF  A  SUPERIOR
COURT  AGAINST A DEFENDANT WHO IS CHARGED IN SUCH COURT WITH ONE OR MORE
YOUTH DIVISION OFFENSES, UNLESS PERMITTED TO PROCEED IN ACCORDANCE  WITH
SECTION  722.40  UPON  A  DETERMINATION MADE PURSUANT TO SECTION 722.30,
SHALL NOT BE OPEN TO  INDISCRIMINATE  PUBLIC  INSPECTION.  HOWEVER,  THE
YOUTH  DIVISION  IN  ITS  DISCRETION  IN  ANY  SUCH  CASE MAY PERMIT THE
INSPECTION OF ANY PAPERS OR RECORDS. ANY DULY AUTHORIZED AGENCY, ASSOCI-
ATION, SOCIETY OR INSTITUTION TO WHICH A DEFENDANT IN  SUCH  A  CASE  IS
COMMITTED  MAY  CAUSE AN INSPECTION OF THE RECORD OF INVESTIGATION TO BE
HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE OR
PART OF SUCH RECORD.

A. 10257                           13

  S 9. Section 725.00 of the criminal procedure law, as amended by chap-
ter 411 of the laws of 1979, is amended to read as follows:
S 725.00 Applicability.
  The provisions of this article apply in any case where a court directs
that  an  action  or  charge  is to be removed to the family court under
section 180.75, 190.71, 210.43, 220.10, 310.85 [or], 330.25 OR 722.30 of
this chapter.
  S 10. Subdivision 1 of section 243 of the executive law, as amended by
section 17 of part A of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  1.  The  office  shall  exercise general supervision over the adminis-
tration of probation services throughout the state, including  probation
in  family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT and shall
collect statistical  and  other  information  and  make  recommendations
regarding  the  administration  of probation services in the courts. The
office shall  endeavor  to  secure  the  effective  application  of  the
probation  system and the enforcement of the probation laws and the laws
relating to family courts AND IN THE YOUTH DIVISIONS OF  SUPERIOR  COURT
throughout  the  state.  After  consultation  with  the  state probation
commission, the office shall recommend to the commissioner general rules
which shall regulate methods and  procedure  in  the  administration  of
probation  services,  including  investigation  of  defendants  prior to
sentence, and children prior to adjudication,  supervision,  case  work,
record  keeping,  and accounting, program planning and research so as to
secure the most effective application of the probation  system  and  the
most  efficient  enforcement of the probation laws throughout the state.
Such rules shall provide that the probation  investigations  ordered  by
the  court  in  designated  felony  act  cases  under subdivision one of
section 351.1 of the family court act shall  have  priority  over  other
cases  arising  under  articles  three  and seven of such act. When duly
adopted by the commissioner,  such  rules  shall  be  binding  upon  all
probation officers and when duly adopted shall have the force and effect
of  law,  but  shall not supersede rules that may be adopted pursuant to
the family court act. The office shall keep informed as to the  work  of
all  probation  officers  and  shall  from time to time inquire into and
report upon their conduct and efficiency. The office may investigate the
work of any probation bureau or probation officer and shall have  access
to  all records and probation offices. The office may issue subpoenas to
compel the attendance of  witnesses  or  the  production  of  books  and
papers.  The office may administer oaths and examine persons under oath.
The office may recommend to the appropriate authorities the  removal  of
any  probation officer. The office may from time to time publish reports
regarding probation including probation in  family  courts  AND  IN  THE
YOUTH  DIVISIONS  OF  SUPERIOR COURT, and the operation of the probation
system including probation in family courts AND IN THE  YOUTH  DIVISIONS
OF  SUPERIOR COURT, and any other information regarding probation as the
office may determine provided expenditures for such purpose  are  within
amounts appropriated therefor.
  S 11. Subdivision 3 of section 502 of the executive law, as amended by
section  1  of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
  3. "Detention" means the temporary care and maintenance of A PRINCIPAL
DESCRIBED IN SUBDIVISION FOUR OF SECTION 722.20 OF THE  CRIMINAL  PROCE-
DURE  LAW  WHO IS SUBJECT TO A SECURING ORDER PURSUANT TO SUCH LAW OR OF
youth held away from their homes pursuant to article three or  seven  of
the family court act, or held pending a hearing for alleged violation of

A. 10257                           14

the conditions of release from an office of children and family services
facility  or  authorized  agency,  or held pending a hearing for alleged
violation of the condition of parole as a  juvenile  offender,  or  held
pending  return  to a jurisdiction other than the one in which the youth
is held, or held pursuant to a securing order of a criminal court if the
youth named therein as principal is charged as a  juvenile  offender  or
held  pending  a  hearing  on  an extension of placement or held pending
transfer to a facility upon commitment or placement  by  a  court.  Only
alleged  or  convicted  juvenile  offenders  who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty. ONLY PRINCIPALS DESCRIBED IN SUBDIVISION FOUR OF SECTION  722.20  OF
THE  CRIMINAL PROCEDURE LAW WHO HAVE NOT ATTAINED THEIR TWENTIETH BIRTH-
DAY SHALL BE SUBJECT TO DETENTION IN A DETENTION FACILITY.
  S 12. Subdivision 2 of section 212 of the judiciary law is amended  by
adding a new paragraph (s) to read as follows:
  (S)  ADOPT  RULES ESTABLISHING A TRAINING PROGRAM IN SPECIALIZED AREAS
INVOLVING YOUTH INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLES-
CENT DEVELOPMENT AND EFFECTIVE  TREATMENT  METHODS  FOR  REDUCING  CRIME
COMMITTED  BY  ADOLESCENTS;  AND  PROVIDING THAT, AS REQUIRED BY SECTION
722.10 OF THE CRIMINAL PROCEDURE LAW, EACH JUDGE OR JUSTICE WHO PRESIDES
IN THE YOUTH DIVISION OF A SUPERIOR COURT RECEIVE SUCH TRAINING.
  S 13. Subdivision 1 of section 30.00 of the penal law, as  amended  by
chapter 481 of the laws of 1978, is amended to read as follows:
  1.  Except  as provided in subdivision two OR TWO-A of this section, a
person less than [sixteen] EIGHTEEN years old is not criminally  respon-
sible for conduct.
  S  14.  Section  30.00  of  the penal law is amended by adding two new
subdivisions 2-a and 4 to read as follows:
  2-A. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPON-
SIBLE  FOR  ACTS  CONSTITUTING A VIOLENT FELONY OFFENSE AS PRESCRIBED IN
SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER OR AN OFFENSE LISTED IN
PARAGRAPH TWO OF SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THIS CHAPTER.
  4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS AT
LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME  HE
OR SHE IS ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME
IF COMMITTED BY A PERSON AT LEAST EIGHTEEN YEARS OLD SHALL BE SUBJECT TO
THE FILING OF CHARGES AND THE PROSECUTION THEREOF EXCLUSIVELY IN ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE
CRIMINAL PROCEDURE LAW.
  S 15. This act shall take effect on the first day of November  in  the
second  year  following the date on which it shall have become a law and
shall apply  to  all  arrests  made  and  all  actions  and  proceedings
commenced  on  or  after  such effective date; provided, however, at any
time on or after the date on which this act shall have become a law, the
state office of children and family services and the commissioner of the
division of criminal justice services, the latter upon  the  recommenda-
tion  of the office of probation and correctional alternatives, may each
promulgate such rules and regulations as  may  be  necessary  to  enable
implementation  of  this  act  on  its effective date and such rules and
regulations shall take effect on such date as  the  promulgating  agency
shall  prescribe. The rules promulgated hereunder by the state office of
children and family  services  may  require  political  subdivisions  to
submit plans for the approval of secure and non-secure detention, alter-
natives  to  detention  placement  and  dispositional  alternatives  for
defendants in the youth division of the superior court.