|SAME AS||SAME AS S00282|
|COSPNSR||Burdick, Gonzalez-Rojas, Barron, Forrest, Jackson, Perry|
|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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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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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. LBD02396-01-1A. 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.