Denies youthful offender treatment to persons convicted of a class B violent felony offense

BILL NUMBER:S2836

Title of bill

An act to amend the criminal procedure law, in relation to eligibility for youthful offender status

Purpose

To limit the eligibility of a person for youthful offender treatment when such person has been convicted of any class B violent felony.

Summary of provisions

Subdivisions 2 and 3 of Section 720.10 of the Criminal Procedure Law are amended.

Justification

Once a person is determined eligible to be found a youthful offender, whether by the court or by operation of law, the court has unlimited discretion to then grant youthful offender treatment. Significant benefits accrue upon the receipt of a youthful offender determination. The conviction is vacated and replaced, i.e. a youthful offender adjudication does not operate as a criminal conviction. The maximum sentence which may be imposed is 1 1/3 to 4 years as opposed to 8 1/3 to 25 years which would otherwise be applicable at the B felony level. Thus, the determination of eligibility is perhaps the most crucial stage in the youthful offender procedure.

Since the eligibility determination is such a critical threshold, the provisions of current law, for the most part, limit the conditions under which eligibility may be attained. For example, a person convicted for any class A-I or A-II felony or a person who previously has been convicted for a felony or adjudicated a youthful offender is never eligible. A person convicted for an armed felony or for the listed violent B felonies of aggravated sexual abuse or first degree rape and sodomy has only a limited potential for eligibility. That is, absent a court finding that mitigating circumstances also exist, a person convicted for any armed felony or for these listed B felonies will also be ineligible.

Present law, however, does not similarly limit eligibility for many other violent B felony convictions. Among the violent B felonies not currently listed are: attempted second degree murder, first degree manslaughter, first degree robbery and burglary if no firearm is used, regardless of the fact that a non-firearm dangerous instrument is used or that serious physical injury results, second degree arson and kidnapping.

Certainly these crimes involve a degree of harm equal to or greater than the offenses currently listed. And yet, under current law, a conviction for any of these violent B felonies results in an unrestricted eligibility for youthful offender treatment while persons convicted for other violent B felonies or, for that matter,

for certain crimes of a lesser felony classification, have their eligibility severely limited.

At best, it is inconsistent to limit youthful offender eligibility for some, but not all, violent B felony convictions. More importantly, it is inappropriate that any conviction at the violent B felony level is allowed to result in an automatic and unconditional youthful offender eligibility. This bill would eliminate the disparity found in current law by making eligibility for youthful offender treatment for all violent B felonies contingent upon a court finding of mitigating circumstances.

Legislative history

2009-10: S.4675 Referred to Codes 2007-08: S.378 Passed Senate 2006: S.6237 Passed Senate 2005: S.86 Advanced to 3rd Reading Calendar 2003-04: S.3315-A Passed Senate 2001-02: S.3009 Passed Senate 1999-00: S.3337 Passed Senate

Fiscal implications

None.

Effective date

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