What's happening
This bill expands eligibility for youthful offender status to include certain class B violent felony offenses, replacing prior exclusions.
Why it matters
Expanding youthful offender eligibility to certain class B violent felonies gives judges more discretion. to consider the circumstances of young offenders, potentially reducing lifelong consequences (like criminal records) for serious but sometimes situational crimes.
This change may address disparities in sentencing and collateral consequences for youth. particularly those who may have acted under mitigating circumstances or played a minor role in a violent crime.
By allowing youthful offender status for more serious offenses, the bill could encourage rehabilitation over punishment. , increasing opportunities for education, employment, and reintegration into society for young people.
This amendment may also raise concerns about public safety or victim impact. , as it expands protections usually reserved for less serious crimes, requiring careful judicial consideration and transparency in granting youthful offender status.
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Who cares
Headline styles
Block Youth Status for Violent Crimes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
925
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to eligibility for youthful offender status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2 and 3 of section 720.10 of the criminal procedure law, subdivision 2 as amended by chapter 416 of the laws of 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the laws of 2006 and subdivision 3 as amended by chapter 264 of the laws of 2003, are amended to read as follows:
2. "Eligible youth" means a youth who is eligible to be found a youthful offender. Every youth is so eligible unless:
(a) the conviction to be replaced by a youthful offender finding is for (i) a class A-I or class A-II felony, or (ii) an armed felony as defined in subdivision forty-one of section 1.20, except as provided in subdivision three, or (iii) [rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse] a class B violent felony offense as defined in paragraph (a) of subdivision one of section 70.02 of the penal law, except as provided in subdivision three, or
(b) such youth has previously been convicted and sentenced for a felony, or
(c) such youth has previously been adjudicated a youthful offender following conviction of a felony or has been adjudicated on or after September first, nineteen hundred seventy-eight a juvenile delinquent who committed a designated felony act as defined in the family court act.
3. Notwithstanding the provisions of subdivision two, a youth who has been convicted of an armed felony offense or [of rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse] a class B violent felony offense is an eligible youth if the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03074-01-9
S. 925 2
court determines that one or more of the following factors exist: (i) mitigating circumstances that bear directly upon the manner in which the crime was committed; or (ii) where the defendant was not the sole participant in the crime, the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution. Where the court determines that the eligible youth is a youthful offender, the court shall make a statement on the record of the reasons for its determination, a transcript of which shall be forwarded to the state division of criminal justice services, to be kept in accordance with the provisions of subdivision three of section eight hundred thirty-seven-a of the executive law.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law; provided, however, that the provisions of this act shall apply only to offenses committed on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
Section 1: Amends subdivisions 2 and 3 of section 720.10 of the Criminal Procedure Law.
Section 2: Sets forth the effective date.
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 bene- fits accrue upon the receipt of a youthful offender determination. The conviction is vacated and replaced, i.e. a youthful offender adjudi- cation 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 kidnap- ping.
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 eligibil- ity 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 inappro- priate 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
2017,2018: S.512 Referred to Codes 2015,2016: S.2066 Referred to Codes 2013,2014: S.3078 Referred to Codes 2011,2012: S.2836 Referred to Codes 2009,2010: S.4675 Referred to Codes 2007,2008: S.378 Passed Senate 2006: S.6237 Passed Senate 2005: S.86 Advanced to 3rd Reading Calendar 2003,2004: S.3315A Passed Senate 2001,2002: S.3009 Passed Senate 1999,2000: 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.