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A06769 Summary:

BILL NOA06769
 
SAME ASSAME AS S00282
 
SPONSORHyndman
 
COSPNSRBurdick, Gonzalez-Rojas, Barron, Forrest, Jackson, Perry
 
MLTSPNSR
 
Amd §720.20, CP L
 
Provides that an individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to such court for a new determination after at least five years have passed since the imposition of the sentence, or at least five years after the individual's latest release from incarceration, if such individual was sentenced to a period of incarceration.
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A06769 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6769
 
SPONSOR: Hyndman
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to the determi- nation of youthful offender status   PURPOSE: To grant an individual who was an eligible you but not determined to be a youthful offender by the sentencing court the opportunity to apply for a new determination.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 720.20 of the criminal procedure law by adding a new subdivision 5 to provide that an individual who was an eligible youth but not determined to be a youthful offender by the sentencing court may apply for a new determination after at least five years have passed provided that the individual has not been convicted of a new crime since the original sentence was imposed. The court shall consider factors including any mitigating circumstances at the time of the crime and whether relief from the onus of a criminal record would facilitate rehabilitation and successful reintegration into society. Section 2 provides the effective date.   JUSTIFICATION: Youthful offender adjudication is an important tool to limit the life- long consequences a criminal conviction can have for young people. However, many eligible young people are not granted youthful offender status and subsequently face significant barriers caused by their crimi- nal records carrying into their adult lives. This legislation would offer these individuals a second chance to receive a youthful offender determination so they can find relief from the onus of a criminal record. Under this bill, a person who was initially denied youthful offender treatment and has not been convicted of a crime for at least five years since their sentence would have the opportunity to apply to the sentencing court for a new determination. Retroactive youthful offender adjudication will enable more New Yorkers to fully integrate into their communities without being continuously stigmatized for mistakes made in their youth.   PRIOR LEGISLATIVE HISTORY: Passed Assembly in 2019 & 2020   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A06769 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6769
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to the  determi-
          nation of youthful offender status
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 720.20 of the criminal procedure law is amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  (a) An individual who was an eligible youth who was not determined
     4  to be a youthful offender by the  sentencing  court  may  apply  to  the
     5  sentencing  court for a new determination after at least five years have
     6  passed since the imposition of the sentence for  which  such  individual
     7  was  not determined to be a youthful offender, or, if the individual was
     8  sentenced to a period of incarceration, including a period of incarcera-
     9  tion imposed in conjunction with a sentence of probation,  the  individ-
    10  ual's  latest  release from incarceration, provided that such individual
    11  has not been convicted of any new crime since  the  imposition  of  such
    12  sentence.
    13    (b)  In considering whether such individual should be determined to be
    14  a youthful offender pursuant to paragraph (a) of this  subdivision,  the
    15  court shall consider the following factors:
    16    (i)  whether  relieving  the  individual  from  the onus of a criminal
    17  record would facilitate rehabilitation and successful reentry and  rein-
    18  tegration into society;
    19    (ii) the manner in which the crime was committed;
    20    (iii)  the  role  of the individual in the crime which resulted in the
    21  conviction;
    22    (iv) the individual's age at the time of the crime;
    23    (v) the length of time since the crime was committed;
    24    (vi) any mitigating circumstances at the time the crime was committed;
    25    (vii) the individual's criminal record;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02396-01-1

        A. 6769                             2
 
     1    (viii) the individual's attitude toward society and  respect  for  the
     2  law; and
     3    (ix)  evidence of rehabilitation and demonstration of living a produc-
     4  tive life including, but not limited to participation in educational and
     5  vocational programs, employment history,  alcohol  and  substance  abuse
     6  treatment, and family and community involvement.
     7    (c)  A  copy  of  an application filed under this subdivision shall be
     8  served upon the district attorney of the county in which the  individual
     9  was  convicted.    The  district  attorney shall notify the court within
    10  forty-five days if he or she objects to the application for sealing. The
    11  court may hold a hearing on the application on  its  own  motion  or  on
    12  motion  of  the  district attorney or the individual filing the applica-
    13  tion. If the district attorney does not file  a  timely  objection,  the
    14  court shall proceed forthwith.
    15    § 2. This act shall take effect immediately.
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