Relates to orders of protection in youthful offenders cases

BILL NUMBER:S4052A

Title of bill

An act to amend the criminal procedure law, in relation to orders of protection in youthful offender cases

Justification

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.

This measure would amend section 720.35 of the Criminal Procedure Law ("CPL") to insure that a final order of protection issued in connection with a youthful offender adjudication is not sealed for law enforcement purposes.

When a defendant is adjudicated a youthful offender, CPL 720.35(2) provides that "all official records and papers, whether on file with the court, a police agency or the division of criminal justice services, relating to a case... are confidential and may not be made available to any person or public or private agency..." In 1996, however, the Legislature provided a limited exception to this confidentiality provision as follows:

"...provided, however, that information regarding an order of protection or temporary order of protection issued pursuant to section 530.12 of this chapter or a warrant issued in connection therewith may be maintained on the statewide automated order of protection and warrant registry established pursuant to section two hundred twenty-one-a of the executive law during the period that such order of protection or temporary order of protection is in full force and effect or during which such warrant may be executed. Such confidential information may be available pursuant to law only for purposes of adjudicating or enforcing such order of protection or temporary order of protection."

By expressly excepting from the confidentiality provisions only those orders of protection issued pursuant to 530.12, all orders of protection issued outside the limited exception (i.e., orders of protection issued under CPL 530.13) are still required to be kept confidential. This results in the sealing of the order of protection itself, even while the order of protection is in effect.

Consequently, a final order of protection issued against a youthful offender in a non-family context is difficult to execute, and the present law could frustrate the very purpose of the order; namely, to protect the safety and welfare of the person for whom it is issued.

This measure maintains the general rule that records regarding youthful offender adjudication should remain confidential in most instances. Notably, the measure does not broaden dissemination of any information to the public regarding the youthful offender adjudication. Disclosure is permitted only to the extent that, if applicable, the order of protection may be maintained on the statewide registry of orders of protection and may only be disclosed for the purposes of adjudicating or enforcing the order. Thus, the measure appropriately balances the salutary effect of keeping records of youthful offenders confidential with the legitimate safety concerns of those for whom the order is issued.

This measure, which would have no meaningful fiscal impact on the State, would take effect immediately.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.