What's happening
The bill creates a "juvenile offender second chance act," allowing certain former juvenile offenders to petition for youthful offender status and its associated benefits.
Why it matters
Offers a path for certain former juvenile offenders to have their adult convictions reclassified as "youthful offender" adjudications. , potentially reducing the long-term negative impact of a criminal record on employment, housing, and education opportunities.
Establishes strict eligibility requirements. applicants must be at least 26, have no subsequent felonies, no more than one misdemeanor, and cannot be a high-level sex offender or under certain state supervision—making the relief available only to those with limited or no further criminal involvement.
Requires courts to review petitions and evidence, and mandates reclassification if criteria are met. , thus shifting some discretion away from judges and ensuring eligible individuals receive the benefits.
Ensures individuals who have not completed their sentence can still receive youthful offender status and its benefits. (such as reduced sentencing and sealing of records), possibly accelerating reintegration and reducing barriers while under supervision.
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Second Chances for Juvenile Offenders
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5207
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the "juvenile offender second chance act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 4, 5, and 6 of section 720.10 of the criminal procedure law, as renumbered by chapter 481 of the laws of 1978, are renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions 4 and 8 are added to read as follows:
4. Notwithstanding the provisions of subdivision two or three of this section, a youth seeking relief pursuant to subdivision two of section 720.20 of this article, is an eligible youth if they meet the following criteria:
(a) the youth was convicted or sentenced as a juvenile offender as defined in subdivision forty-two of section 1.20 of this chapter;
(b) the youth is at least twenty-six years old;
(c) the youth has not been convicted or sentenced for another felony;
(d) the youth has not been convicted or sentenced for more than one other misdemeanor;
(e) the youth is not registered as a level three sex offender pursuant to section one hundred sixty-eight of the correction law; and
(f) the youth is not currently under strict intensive supervisions or civil commitment pursuant to article ten of the mental hygiene law.
8. "Eligible youth petitioner" means a youth eligible pursuant to subdivision four of this section, who petitions the court for a youthful offender finding.
§ 2. Subdivisions 2, 3, and 4 of section 720.20 of the criminal procedure law, are renumbered subdivisions 3, 4 and 5 respectively and a new subdivision 2 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07630-01-7
A. 5207 2
2. Upon petition by an eligible youth petitioner, the court must order a finding of fact in accordance with the criteria set forth in subdivision four of section 720.10 of this article. After receipt of evidence in support and contradiction to said criteria, the court must determine whether the youth meets the criteria. If the court determines the youth meets the criteria set forth in subdivision four of section 720.10 of this article, the court must find the eligible youth petitioner is a youthful offender.
§ 3. Section 720.25 of the criminal procedure law, as added by chapter 402 of the laws of 2014, is amended to read as follows: § 720.25 Youthful offender adjudication; certain exemptions.
Notwithstanding any inconsistent provisions of law:
1. where the court is required to find that a person is a youthful offender pursuant to section 170.80 of this chapter, 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]
2. a youthful offender adjudication pursuant to section 170.80 of this chapter 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; and
3. where the court is required to find that a person is a youthful offender pursuant to sections 720.10 and 720.20 of this chapter, the person shall have a youthful offender sentence imposed if they have not completed their sentence for the conviction that is the subject of their petition, and the person shall receive all other provisions and benefits of the youthful offender adjudication wherever such provisions can reasonably be so applied.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.