Creates "infant defensive bureau" in each county to represent persons at least 16 years of age and under 21 years of age charged with a felony crime

CPL § 735.10 provides for the creation, within each county of the state, an "infant defensive bureau" for persons 16 through 20 charged with a felony.

CPL § 735.15 directs the County Executive of each county to appoint an Executive Director of such bureau who shall employ personnel as required. Bureau personnel must include, but is not limited to, attorneys with at least five years of criminal law experience who are approved by the chief judge of the court of appeals, and shall be paid a salary of at least $50,000, as well as probation officers, psychologists and psychiatrists. This section also requires that employees of the Infant Defensive Bureau be representative of the ethnic diversity of the county in which the bureau is located.

CPL § 735.20 provides that any person aged 16 through 21 who is charged with a felony must be:

* turned over to the bureau for arraignment within six hours of arrest;

* kept separate from "any inmates incarcerated in the arraigning location"; and

* appointed an attorney employed by the bureau at the time of arraignment.

CPL § 735.25 requires personal notification of an arrest and arraignment of an infant to the defendant's parents or loci parentis "as soon as practicable," unless the court deems such notification impossible.

CPL § 735.30 provides that this article shall supersede any conflicting provisions of Article 720 (Youthful Offender Procedure), and that this article shall be strictly construed.

CPL § 735.35 provides that any trial brought under this article shall be a jury trial, unless such right is waived.

CPL § 735.40 provides that records of a proceeding against a defendant shall be sealed, and released only upon a court order complying with the applicable provisions of the CPL see CPL 720.15(1) and 720.35(2).

CPL § 735.45 provides for the restoration of a defendant's civil rights ten years after a defendant's confinement and completion of parole, upon application to the Governor.

Section 2 makes this article effective on the first day of November after it has become law.

Existing law

County Law Article 18-B requires each county throughout the state to implement a plan to provide legal representation for indigent persons charged with a crime. It does not specifically provide for counsel for persons under age 21. Such a plan for legal counsel must include either representation by a public defender, legal aid society, bar association-sponsored private attorney, or a combination of the above.

Justification

This legislation will ensure that adolescents charged with serious criminal offenses are afforded specialized and protective legal defense services at all stages of a criminal prosecution. Current law fails to adequately provide the means or mechanisms by which the most vulnerable segment of our population can be appropriately safeguarded from the weightiness of the criminal justice system.

Our sense of fairness and justice compels a more client-centered approach to the defense of serious criminal charges against a child. Individualized and case-sensitive management of a youth charged with a criminal offense, with the provision of a full array of supportive mental health and protective services, is the least our government can do to positively shape our children.

The immediate and continuing involvement of an accused child's caretaker in any criminal process, too, is essential for the positive development of our youths.

Legislative history

2003-04: S.1842/A.4201 - Referred to Codes.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.