Relates to the treatment of certain persons aged sixteen or seventeen for certain prostitution offenses

Section two amends section 170.80 of the criminal procedure law (CPL), as added by chapter 555 of the laws of 2013, to provide:

*that a judge may, at any time at or after arraignment on a charge of prostitution pursuant to PL section 230.00 or loitering for the purposes of prostitution pursuant to PL section 240.37(2), provided that the person does not stand charged with loitering for the purpose of patronizing a prostitute, where such offense allegedly occurred when the person was sixteen or seventeen years of age, (a) conditionally convert such charge and retain it as a person in need of supervision (PINS) proceeding and make such proceeding fully subject to the provisions and grant any relief available under Article 7 of the family court act (PCA), and/or (b) order the provision of any of the specialized services enumerated in title 8-A of Article 6 of the social services law (SSL), as may be reasonably available.

*in the event of a conviction by plea or verdict to such charge or charges of prostitution or loitering for the purposes of prostitution as described in this section, the court must find that the person is a youthful offender for the purpose of such charge, provided, however, that the available sentence shall be the sentence that may be imposed for a violation as defined in PL section 10.00(3). In such case, the records of the investigation and proceedings relating to such charge shall be sealed in accordance with CPL section 720.35.

*when a charge of prostitution or loitering for the purposes of prostitution has been conditionally converted to a PINS proceeding pursuant to this section, the defendant shall be deemed a "sexually exploited child" as defined in SSL section 447-A(1) and therefore shall not be considered an adult for purposes related to the charges in the PINS proceeding. FCA sections 781, 782, 782-A, 783 and 784 shall apply to any proceeding conditionally converted under this section.

*the court after hearing from the parties shall state the condition or conditions of such conversion, which may include the individual's

participation in specialized services provided pursuant to title 8-A of SSL and other appropriate services available to PINS in accordance with FCA Article 7.

*the procedure by which the court may at any time during the pendency of the PINS proceeding or during any disposition thereof, but in no event later than the individual's 18th birthday, restore the accusatory instrument if the court is satisfied by competent proof that the individual, without just cause, is not in substantial compliance with the condition or conditions of the conversion. If the court finds that the person did not substantially comply, it may restore the accusatory instrument, modify the terms of conversion or otherwise continue such terms as in its discretion it deems just and proper. If the accusatory instrument is restored, the proceeding shall continue in accordance with subdivision 2 of this section. If the individual does not comply with services or does not return to court, the individual shall be returned in accordance with the provisions of FCA Article 7.

*at the conclusion of a PINS proceeding pursuant to this section, the records of the investigation and proceedings relating to such proceeding shall be sealed in accordance with CPL section 720.35.

Section three amends CPL section 720.15 by adding a new subdivision 4 to provide that notwithstanding any provision in this article, the provisions of subdivisions one and two of such section requiring or authorizing the accusatory instrument filed against a youth to be sealed, and that the arraignment and all proceedings in the action be conducted in private shall apply where a person is charged with prostitution as defined in PL section 230.00 or loitering for the purposes of prostitution as defined in PL section 240.37(2), provided that the person does not stand charged with loitering for the purpose of patronizing a prostitute, and such person is aged sixteen or seventeen when such offense occurred, regardless of whether such person (i) had prior to commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, or (ii) subsequent to such conviction for prostitution or loitering for prostitution is convicted of a crime or found a youthful offender.

Section four amends the CPL by adding a new section 720.25 to provide that notwithstanding any inconsistent provisions of law, (a) where the court is required to find a person is a youthful offender pursuant to CPL section 170.80, the fact that such person has previously been convicted of a crime or adjudicated a youthful offender shall not prevent such person from being adjudicated a youthful offender as required by such section, and (b) a youthful offender adjudication pursuant to CPI section 170.80 shall not be considered in determining whether a person is an eligible youth, or in determining whether to find a person a youthful offender, in any subsequent youthful offender adjudication.

Section five amends CPL section 720.35(1), as amended by section 87 of subpart B of part C of chapter 62 of the laws of 2011, to provide that a defendant for whom a youthful offender adjudication was substituted, who was originally charged with prostitution as defined in PL section 230.00 or loitering for the purposes of prostitution as defined in PL section 240.37(2), provided that the person does not stand charged

with loitering for the purpose of patronizing a prostitute, for an offense allegedly committed when he or she was sixteen or seventeen years of age, shall be deemed a "sexually exploited child" as defined in SSL section 447-A(1) and therefore shall not be considered an adult for purposes related to the charges in the youthful offender proceeding or a proceeding under CPL section 170.80. Section six amends PL section 60.02 by adding a new subdivision 4 to provide that notwithstanding any other provision of law in this section, if the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction of prostitution or loitering for the purposes of prostitution provided that the person does not stand charged with loitering for the purpose of patronizing a prostitute, and such offense occurred when the person was sixteen or seventeen years of age, the court must impose a sentence authorized to be imposed upon a person convicted of a violation as defined in PL section 10.00(3) and where the court imposes a revocable sentence authorized for a violation may order any of the specialized services enumerated in Title 8-A of SST, or other appropriate services made available to PINS in accordance with FCA Article 7.

Section seven provides for the effective date.

Justification

Individuals under the age of sixteen who are arrested for prostitution or loitering for the purposes of prostitution are treated in the Family Court as sexually exploited children and are eligible for service alter natives as opposed to juvenile delinquency adjudications. While the definition of a sexually exploited child, created in 2007 under the Safe Harbour for Exploited Children Act (Safe Harbour Law), includes children under the age of eighteen, it was not until 2013 that sixteen and seventeen year olds brought to criminal court were offered similar service alternatives. Chapter 555 of the laws of 2013 (the "2013 law"), amending the CPL relating to the treatment of persons aged sixteen or seventeen for certain prostitution offenses, allows criminal court judges to convert charges of sixteen and seventeen year olds for prostitution or loitering for the purposes of prostitution and treat these persons as PINS rather than as criminals and grant any relief available under FCA Article 7.

This bill builds upon the 2013 law to clarify the alternatives available to a person aged sixteen or seventeen charged with prostitution or loitering for the purposes of prostitution, provided the person is not charged with loitering for the purpose of patronizing a prostitute, and the consequences of each alternative. The charge may be conditionally converted and retained by the court as a PINS proceeding; the charge may proceed as a criminal case which may lead to conviction by plea or verdict; or the person may be referred by the court to services and the charge subsequently dismissed in the court's discretion in the interest of justice on the ground that the youth participated in the services provided to him or her. The bill provides that if a charge has been converted to a PINS proceeding, at any time during the PINS proceeding or the disposition of the proceeding but not later than the person's eighteenth birthday, the charge may be converted from a PINS proceeding back to a criminal proceeding and sets forth with particularity the process for conversion back. In the event of a conviction by plea or verdict to a

charge of prostitution or loitering for the purposes of prostitution, the court must find that the person is a youthful offender for the purpose of such charge.

Whether the charge is conditionally converted or not, the court may order the provision of any specialized services provided under the Safe Harbour Law as may be reasonably available. Where a charge is dismissed in the interest of justice on the ground that the person participated in services provided or in the event of a conviction by plea or verdict to such charge, the hill provides for the sealing of the records of the investigation and proceedings relating to such charge in accordance with CPL section 720.35.

Where the youth is convicted by plea or verdict to a charge of prostitution or loitering for purposes of prostitution (other than patronizing a person for prostitution), the court must find that the person is a youthful offender for the purpose of such charge. it is intended that a youth will be afforded youthful offender status on such charge in all situations (1) where the conviction on such charge is the first instance in which the youth is convicted of a crime or is found to be a youthful offender, or (2) where the youth had been previously convicted or a crime or found to be a youthful offender. In addition, the bill provides that in a subsequent proceeding in which adjudication of such youth as a youthful offender is being considered, a court must not consider the mandatory youthful offender finding on a charge of prostitution or loitering for purposes of prostitution (other than patronizing a person for prostitution) as required by this bill in determining whether the youth is an eligible youth or youthful offender in such subsequent proceeding. In effect, in adjudicating the youth on the subsequent charge, the court will determine such youth's status as a youthful offender as if there had not been a prior youthful offender finding on a charge of prostitution or loitering for prostitution (other than patronizing a person for prostitution).

Further, the legislation makes clear that a sixteen or seventeen year old charged with prostitution or loitering for purposes of prostitution (other than patronizing a person for prostitution) shall be deemed a sexually exploited child as defined in SSL 447-A(I) entitled to services available to such children.

The 2013 law as supplemented by this legislation treats with parity, at long last, individuals aged sixteen and seventeen and those under age sixteen charged with prostitution or loitering for purposes of prostitution - as victims, in need of specialized services.

Fiscal impact

Minimal.

Effective date

This act shall take effect immediately.