BILL NUMBER: S961

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to youthful
offender determinations

 
SUMMARY OF PROVISIONS:

This legislation will alter the current practice in which defendants who
are ages 16, 17, or 18 are considered for Youthful Offender status. A
defendant who is a first-time offender and is charged with a misdemeanor
in a local court will, upon guilty plea or conviction, have the
conviction replaced automatically and receive a Youthful Offender adju-
dication. In contrast, the same first-time offender who is charged with
a misdemeanor in superior court (county or supreme) will, upon guilty
plea or conviction, not automatically receive a Youthful Offender adju-
dication. This legislation will require that both classes of youthful
defendants be treated the same in relation to eligibility for Youthful
Offender status. It will require a defendant in a superior court who is
found guilty of a misdemeanor, either by guilty plea or after trial, be
adjudicated a Youthful Offender.
              

 
JUSTIFICATION:

A young person-age 16, 17 or 18-who commits a crime may be adjudicated a
Youthful Offender and punished. This status removes the criminal label
from the youth, allowing the person to not acquire a criminal record and
label that would otherwise stay with the person through life. Youthful
Offender status is required with a first-time offender who commits a
misdemeanor; but the treatment differs, depending on the court in which
the case is handled. If the youth is charged in a superior court (county
or supreme court), upon a conviction for a misdemeanor, the judge has
discretion on whether to grant the status.  This differential in treat-
ment makes little sense. Whether the first-time youthful misdemeanor
defendant is convicted in a local (justice or city court) or a superior
court, the person should be treated the same, including receiving Youth-
ful Offender status automatically if the person is a first-time offen-
der. This legislation would have no effect upon a person, age 16-18, who
is convicted of a felony. With such a person, the sentencing judge has
discretion on whether to grant Youthful Offender status.

 
LEGISLATIVE HISTORY:

2017-18: S5893/A.2480 (Joyner) - Referred to Codes

2019-20: S2183/A.718 (Joyner) - Referred to Codes

2021-22: S2799/A5752 (Joyner) - Referred to Codes

 
FISCAL IMPLICATIONS:

None.