Bill Text: NY A04238 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to granting certain individuals youthful offender status; adds a new category of individuals eligible for young adult offender status; provides for process and sentencing requirements related to such statuses.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced) 2024-01-03 - referred to codes [A04238 Detail]

Download: New_York-2023-A04238-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4238

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 13, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
          relation  to granting certain individuals youthful offender status; to
          add a new category of individuals eligible for  young  adult  offender
          status; and to repeal certain provisions of the criminal procedure law
          relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 720.10 of the criminal procedure law, as  added  by
     2  chapter 981 of the laws of 1971, subdivision 1 as amended by chapter 411
     3  of the laws of 1979, subdivision 2 as amended by chapter 416 of the laws
     4  of 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the
     5  laws  of  2006,  subdivision  3 as amended by chapter 264 of the laws of
     6  2003, and subdivisions 4, 5 and 6 as renumbered by chapter  481  of  the
     7  laws of 1978, is amended to read as follows:
     8  § 720.10 Youthful offender procedure; definition of terms.
     9    As  used in this article, the following terms have the following mean-
    10  ings:
    11    1. "Youth" means a person charged with a crime alleged  to  have  been
    12  committed  when  he  or she was at least sixteen years old and less than
    13  nineteen years old or a person charged with being a juvenile offender as
    14  defined in subdivision forty-two of section 1.20 of this chapter.
    15    2. "Eligible youth" means a youth who is eligible to be found a youth-
    16  ful offender. Every youth is so eligible unless:
    17    (a) the conviction to be replaced by a youthful  offender  finding  is
    18  for  (i)  a  class A-I or class A-II felony, or (ii) [an armed felony as
    19  defined in subdivision forty-one of section 1.20, except as provided  in
    20  subdivision  three,  or (iii)] rape in the first degree, criminal sexual
    21  act in the first degree, or aggravated sexual abuse, except as  provided
    22  in subdivision three, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06207-01-3
        A. 4238                             2

     1    (b) such youth has previously been convicted and sentenced for a felo-
     2  ny[, or
     3    (c)  such  youth  has  previously been adjudicated a youthful offender
     4  following conviction of a felony or has been  adjudicated  on  or  after
     5  September  first,  nineteen  hundred seventy-eight a juvenile delinquent
     6  who committed a designated felony act as defined  in  the  family  court
     7  act].
     8    3.  Notwithstanding the provisions of subdivision two of this section,
     9  a youth who has been convicted of [an armed felony offense or  of]  rape
    10  in  the first degree, criminal sexual act in the first degree, or aggra-
    11  vated sexual abuse is an eligible youth if  the  court  determines  that
    12  [one  or  more  of the following factors exist:] the interest of justice
    13  would be served by relieving the youth  from  the  onus  of  a  criminal
    14  record  and  by not imposing an indeterminate sentence of more than four
    15  years.  In making such determination, the court shall weigh the  follow-
    16  ing  factors:  (i) the circumstances and seriousness of the offense with
    17  due regard to the extent of the harm caused by it; (ii)  any  mitigating
    18  circumstances that bear [directly upon] on the manner in which the crime
    19  was  committed;  [or (ii)] (iii) where the [defendant] youth was not the
    20  sole participant in the crime, the [defendant's participation was  rela-
    21  tively  minor  although  not  so minor as to constitute a defense to the
    22  prosecution] level and extent of his or her direct  involvement  in  the
    23  criminal activity; (iv) the history and background of the youth; and (v)
    24  prospects  for  rehabilitation  of the youth or opportunities for inter-
    25  ventions that would assist the youth  in  leading  a  law-abiding  life.
    26  Where  the court determines that the eligible youth is a youthful offen-
    27  der, the court shall make a statement on the record of the  reasons  for
    28  its determination, a transcript of which shall be forwarded to the state
    29  division of criminal justice services, to be kept in accordance with the
    30  provisions  of subdivision three of section eight hundred thirty-seven-a
    31  of the executive law.
    32    4. "Youthful offender finding" means a finding,  substituted  for  the
    33  conviction  of  an  eligible youth, pursuant to a determination that the
    34  eligible youth is a youthful offender.
    35    5. "Youthful offender sentence" means  the  sentence  imposed  upon  a
    36  youthful offender finding.
    37    6.  "Youthful offender adjudication". A youthful offender adjudication
    38  is comprised of a youthful offender finding and  the  youthful  offender
    39  sentence imposed thereon and is completed by imposition and entry of the
    40  youthful offender sentence.
    41    §  2. Subdivision 3 of section 720.15 of the criminal procedure law is
    42  REPEALED.
    43    § 3. Subdivision 1 of section 720.20 of the criminal procedure law, as
    44  amended by chapter 652 of the laws  of  1974,  is  amended  to  read  as
    45  follows:
    46    1.  Upon  conviction of an eligible youth, the court must order a pre-
    47  sentence investigation of the defendant.   After receipt  of  a  written
    48  report  of the investigation and at the time of pronouncing sentence the
    49  court must determine whether or not the eligible  youth  is  a  youthful
    50  offender.   Such determination shall be in accordance with the following
    51  criteria:
    52    (a) If [in the opinion of the court the interest of justice  would  be
    53  served  by  relieving the eligible] the eligible youth is charged with a
    54  misdemeanor offense, a class D or E felony offense, a class C felony  as
    55  described  in  subdivision one of section 160.10 of the penal law or any
    56  offense contained in article two hundred twenty of the penal  law  other
        A. 4238                             3

     1  than a class A-I or A-II felony offense, the court shall find that he or
     2  she is a youthful offender.
     3    (b)  In all other cases, except when the youth is charged with rape in
     4  the first degree, and aggravated sexual abuse, there shall be a presump-
     5  tion to grant youthful offender status to an eligible youth in order  to
     6  relieve such youth from the onus of a criminal record [and by not impos-
     7  ing], other consequences of a criminal conviction, and the imposition of
     8  an  indeterminate  term  of  imprisonment  of more than four years[, the
     9  court may, in its discretion, find the  eligible  youth  is  a  youthful
    10  offender; and
    11    (b)  Where  the  conviction  is  had in a local criminal court and the
    12  eligible youth had not prior to commencement of trial or entry of a plea
    13  of guilty been convicted of a crime or found a  youthful  offender,  the
    14  court  must  find  he  is a youthful offender].  Upon motion of not less
    15  than seven days' notice, the prosecutor may challenge the presumption to
    16  grant youthful offender status.  The court shall grant youthful offender
    17  status unless the prosecutor rebuts the presumption and  establishes  by
    18  clear and convincing evidence that the criteria set forth in subdivision
    19  two  of  section  720.10  of this article require that youthful offender
    20  status be denied.
    21    § 4. Section 720.35 of the criminal procedure law, as added by chapter
    22  981 of the laws of 1971, subdivision 1 as amended by chapter 23  of  the
    23  laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B
    24  of part C of chapter 62 of the laws of 2011 and subdivision 3 as amended
    25  by chapter 181 of the laws of 2000, is amended to read as follows:
    26  § 720.35 Youthful offender adjudication; effect thereof; records.
    27    1.  A  youthful offender or young adult adjudication is not a judgment
    28  of conviction for a crime or any other offense, and does not operate  as
    29  a  disqualification  of  any person so adjudged to hold public office or
    30  public employment or to receive any license granted by public  authority
    31  but  shall  be  deemed a conviction only for the purposes of transfer of
    32  supervision and custody pursuant to section two hundred fifty-nine-m  of
    33  the executive law. A defendant for whom a youthful offender adjudication
    34  was substituted, who was originally charged with prostitution as defined
    35  in  section  230.00  of  the  penal  law,  shall  be  deemed a "sexually
    36  exploited child" as defined in subdivision one of section  four  hundred
    37  forty-seven-a  of  the  social  services  law and therefore shall not be
    38  considered an adult for purposes related to the charges in the  youthful
    39  offender  proceeding  or a proceeding under section 170.80 of this chap-
    40  ter.
    41    2. Except where specifically required or permitted by statute or  upon
    42  specific  authorization  of  the court, all official records and papers,
    43  whether on file with the court, a police agency or the division of crim-
    44  inal justice services, relating to a case involving  a  youth  or  young
    45  adult  who  has  been adjudicated a youthful offender or granted a young
    46  adult status finding, are confidential and may not be made available  to
    47  any person or public or private agency, other than the designated educa-
    48  tional  official of the public or private elementary or secondary school
    49  in which the youth or young adult is enrolled as a student provided that
    50  such local educational official shall only have made available a  notice
    51  of  such  adjudication  and  shall not have access to any other official
    52  records and papers, such youth or young adult or such youth's  or  young
    53  adult's designated agent (but only where the official records and papers
    54  sought  are  on  file  with a court and request therefor is made to that
    55  court or to a clerk thereof), an institution  to  which  such  youth  or
    56  young adult has been committed, the department of corrections and commu-
        A. 4238                             4

     1  nity  supervision and a probation department of this state that requires
     2  such official records and papers for the purpose of carrying out  duties
     3  specifically  authorized  by  law;  provided,  however, that information
     4  regarding an order of protection or temporary order of protection issued
     5  pursuant  to  section  530.12  of  this  chapter  or a warrant issued in
     6  connection therewith may be maintained on the statewide automated  order
     7  of  protection  and warrant registry established pursuant to section two
     8  hundred twenty-one-a of the executive law during the  period  that  such
     9  order  of  protection  or temporary order of protection is in full force
    10  and effect or during which such warrant may be executed. Such  confiden-
    11  tial information may be made available pursuant to law only for purposes
    12  of adjudicating or enforcing such order of protection or temporary order
    13  of  protection and, where provided to a designated educational official,
    14  as defined in section 380.90 of this chapter, for  purposes  related  to
    15  the  execution  of  the  student's  educational  plan, where applicable,
    16  successful school  adjustment  and  reentry  into  the  community.  Such
    17  notification shall be kept separate and apart from such student's school
    18  records and shall be accessible only by the designated educational offi-
    19  cial.  Such  notification  shall not be part of such student's permanent
    20  school record and shall not be appended to or included in any documenta-
    21  tion regarding such student and shall be destroyed at such time as  such
    22  student  is  no longer enrolled in the school district. At no time shall
    23  such notification be used for any purpose other than those specified  in
    24  this subdivision.
    25    3.  If  a  youth  or  young  adult who has been adjudicated a youthful
    26  offender or granted a young  adult  status  finding  is  enrolled  as  a
    27  student  in a public or private elementary or secondary school the court
    28  that has [adjudicated the youth as a]  made  the  youthful  offender  or
    29  young adult adjudication shall provide notification of such adjudication
    30  to the designated educational official of the school in which such youth
    31  or  young  adult  is  enrolled as a student.  Such notification shall be
    32  used by the designated educational official only for purposes related to
    33  the execution of  the  student's  educational  plan,  where  applicable,
    34  successful  school  adjustment  and  reentry  into  the  community. Such
    35  notification shall be kept separate and apart from such student's school
    36  records and shall be accessible only by the designated educational offi-
    37  cial. Such notification shall not be part of  such  student's  permanent
    38  school record and shall not be appended to or included in any documenta-
    39  tion  regarding such student and shall be destroyed at such time as such
    40  student is no longer enrolled in the school district. At no  time  shall
    41  such  notification be used for any purpose other than those specified in
    42  this subdivision.
    43    4. Notwithstanding subdivision two of this section, whenever a  person
    44  is adjudicated a youthful offender or granted young adult status and the
    45  conviction  that  was  vacated  and replaced by the youthful offender or
    46  young adult status finding was for a sex offense as that term is defined
    47  in article ten of the mental hygiene law, all records pertaining to  the
    48  youthful offender or young adult adjudication shall be included in those
    49  records  and  reports that may be obtained by the commissioner of mental
    50  health or the commissioner of developmental disabilities,  as  appropri-
    51  ate; the case review panel; and the attorney general pursuant to section
    52  10.05 of the mental hygiene law.
    53    §  5.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
    54  220.30 of the criminal procedure law, as amended by chapter 410  of  the
    55  laws of 1979, is amended to read as follows:
        A. 4238                             5

     1    (i)  A  plea of guilty, whether to the entire indictment or to part of
     2  the indictment for any crime other than a class A  felony,  may  not  be
     3  accepted  on the condition that it constitutes a complete disposition of
     4  one or more other indictments against the defendant wherein is charged a
     5  class  A-I  felony as defined in article two hundred twenty of the penal
     6  law or the attempt to commit any such class A-I felony, except that  [an
     7  eligible  youth,  as  defined  in subdivision two of section 720.10, may
     8  plea to a class B felony, upon consent of  the  district  attorney,  for
     9  purposes  of adjudication as a youthful offender] this restriction shall
    10  not apply to an eligible youth, as defined in subdivision two of section
    11  720.10 of this chapter, or an eligible young adult, as defined in subdi-
    12  vision two of section 721.10 of this chapter.
    13    § 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
    14  amended by chapter 144 of the laws  of  2020,  is  amended  to  read  as
    15  follows:
    16    3.  Restrictions.  Except  as  provided  for  in  subdivision two-a of
    17  section 420.35 of this article, in no event shall a mandatory surcharge,
    18  sex offender registration fee, DNA databank fee or crime victim  assist-
    19  ance  fee  be  remitted.    In no event shall such fees be imposed for a
    20  juvenile offender, a youthful offender or a young adult status finding.
    21    § 7. Subdivision 2 of section 420.35 of the criminal procedure law, as
    22  amended by chapter 23 of the laws of 2021, is amended as follows:
    23    2. Except as provided in this subdivision or subdivision two-a of this
    24  section, under no  circumstances  shall  the  mandatory  surcharge,  sex
    25  offender  registration fee, DNA databank fee or the crime victim assist-
    26  ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
    27  databank  fee and crime victim assistance fee when: (i) the defendant is
    28  convicted of prostitution under section 230.00 of the  penal  law;  (ii)
    29  the  defendant  is convicted of a violation in the event such conviction
    30  is in lieu of a plea to or conviction  for  prostitution  under  section
    31  230.00  of  the  penal  law; (iii) the court finds that a defendant is a
    32  victim of sex trafficking under section 230.34 of the  penal  law  or  a
    33  victim   of   trafficking  in  persons  under  the  trafficking  victims
    34  protection act (United States Code, Title 22, Chapter 78); [or] (iv) the
    35  court finds that the defendant is a victim of sex trafficking of a child
    36  under section 230.34-a of the penal law; or  (v)  the  court  determines
    37  that  the defendant is a youthful offender pursuant to section 720.00 of
    38  this chapter or the court grants the defendant young adult status pursu-
    39  ant to section 721.00 of this chapter.
    40    § 8. The criminal procedure law is amended by adding a new article 721
    41  to read as follows:
    42                                 ARTICLE 721
    43                             YOUNG ADULT STATUS
    44  Section 721.10 Young adult status procedure; definition of terms.
    45          721.15 Young  adult  status  procedure;  sealing  of  accusatory
    46                   instrument;   privacy   of   proceedings;   preliminary
    47                   instructions to jury.
    48          721.20 Young adult status  determination;  when  and  how  made;
    49                   procedure thereupon.
    50          721.30 Young   adult  adjudication;  post-judgment  motions  and
    51                   appeal.
    52          721.35 Young adult adjudication; effect thereof; records.
    53  § 721.10 Young adult status procedure; definition of terms.
    54    As used in this article, the following terms have the following  mean-
    55  ings:
        A. 4238                             6

     1    1.   "Young adult" means a person charged with a crime alleged to have
     2  been committed when he or she was at least nineteen years old  and  less
     3  than twenty-six years old.
     4    2.  "Eligible  young  adult"  means  a person who is at least nineteen
     5  years old and less than twenty-six years old who is eligible  for  young
     6  adult  status.  Every  young  adult  is  so  eligible  unless:   (a) the
     7  conviction to be replaced by young adult adjudication is for (i) a class
     8  A-I or class A-II felony, or (ii) rape in  the  first  degree,  criminal
     9  sexual  act  in  the first degree, or aggravated sexual abuse, except as
    10  provided in subdivision three of this section, or (b) such  young  adult
    11  has previously been convicted and sentenced for a felony.
    12    3.  Notwithstanding the provisions of subdivision two of this section,
    13  a young adult who has been convicted of rape in the first degree, crimi-
    14  nal sexual act in the first degree, or aggravated  sexual  abuse  is  an
    15  eligible youth if the court determines, without applying the presumption
    16  defined  in  paragraph  (b) of subdivision one of section 721.20 of this
    17  article, that the interest of justice would be served by  relieving  the
    18  young  adult  from  the onus of a criminal record and by not imposing an
    19  indeterminate sentence of more than four years.  In making such determi-
    20  nation, the court shall weigh the following factors:
    21    (a) The circumstances and seriousness of the offense with  due  regard
    22  to the extent of the harm caused by it.
    23    (b)  Any mitigating circumstances that bear on the manner in which the
    24  crime was committed.
    25    (c) Where the young adult was not the sole participant in  the  crime,
    26  the  level  and  extent of his or her direct involvement in the criminal
    27  activity.
    28    (d) The history and background of the young adult.
    29    (e) Prospects for rehabilitation of the young adult  or  opportunities
    30  for  interventions that would assist the young adult in leading a law-a-
    31  biding life.
    32    Where the court makes a young adult status finding,  the  court  shall
    33  make  a  statement on the record of the reasons for its determination, a
    34  transcript of which shall be forwarded to the state division of criminal
    35  justice services, to be kept in accordance with the provisions of subdi-
    36  vision three of section eight hundred thirty-seven-a  of  the  executive
    37  law.
    38    4.    "Young  adult  finding"  means  a  finding,  substituted for the
    39  conviction of an eligible young adult, pursuant to a determination  that
    40  the eligible young adult shall be granted young adult status.
    41    5.  "Young  adult  sentence"  means  the sentence imposed upon a young
    42  adult finding.
    43    6. "Young adult adjudication" means an  adjudication  comprised  of  a
    44  young  adult finding and the young adult sentence imposed thereon and is
    45  completed by imposition and entry of the young adult sentence.
    46  § 721.15 Young adult status procedure; sealing of accusatory instrument;
    47             privacy of proceedings; preliminary instructions to jury.
    48    1. When an accusatory instrument against an apparently eligible  young
    49  adult  is  filed with a court, it shall be filed as a sealed instrument,
    50  though only with respect to the public.
    51    2. When an eligible young adult is initially arraigned upon an accusa-
    52  tory instrument, such arraignment and  all  proceedings  in  the  action
    53  thereafter  may,  in the discretion of the court and with the consent of
    54  the accused, be conducted in private.
    55  § 721.20 Young adult status determination; when and how made;  procedure
    56             thereupon.
        A. 4238                             7

     1    1. Upon conviction of an eligible young adult, the court shall order a
     2  pre-sentence  investigation of the defendant. After receipt of a written
     3  report of the investigation and at the time of pronouncing sentence  the
     4  court  shall  determine  whether  or not the eligible youth will receive
     5  young  adult status.  Such determination shall be in accordance with the
     6  following criteria:
     7    (a) If the eligible young adult is charged with a misdemeanor offense,
     8  the court shall grant him or her young adult status;
     9    (b) In all other cases, except rape  in  the  first  degree,  criminal
    10  sexual act in the first degree, and aggravated sexual abuse, there shall
    11  be  a  presumption  to  grant eligible young adult status to an eligible
    12  young adult in order to relieve such young adult  from  the  onus  of  a
    13  criminal  record,  other  consequences of a criminal conviction, and the
    14  imposition of an indeterminate term of imprisonment of  more  than  four
    15  years.   Upon motion on not less than seven days' notice, the prosecutor
    16  may challenge the presumption to grant young adult status.    The  court
    17  shall grant young adult status unless the prosecutor rebuts the presump-
    18  tion  and establishes by clear and convincing evidence that the criteria
    19  set forth in subdivision two of section 721.10 of this  article  require
    20  that young adult status be denied.
    21    2. Where an eligible young adult is convicted of two or more crimes or
    22  offenses set forth in separate counts of an accusatory instrument or set
    23  forth  in  two  or  more  accusatory  instruments consolidated for trial
    24  purposes, the court shall not grant him or her young adult  status  with
    25  respect  to  any  such  conviction  pursuant  to subdivision one of this
    26  section unless it grants young adult status with  respect  to  all  such
    27  convictions.
    28    3.  Upon  determining  to  grant  young  adult status, the court shall
    29  direct that the conviction be deemed vacated and  replaced  by  a  young
    30  adult  status  finding;  and  the  court  shall sentence the young adult
    31  pursuant to section 60.02 of the penal law.
    32    4. Upon determining that an eligible young adult shall not be  granted
    33  young  adult  status,  the  court  shall order the accusatory instrument
    34  unsealed and continue the action to judgment pursuant  to  the  ordinary
    35  rules governing criminal prosecutions.
    36  § 721.30 Young adult adjudication; post-judgment motions and appeal.
    37    The provisions of this chapter, governing the making and determination
    38  of  post-judgment motions and the taking and determination of appeals in
    39  criminal cases, apply to post judgment motions and appeals with  respect
    40  to  young adult adjudications wherever such provisions can reasonably be
    41  so applied.
    42  § 721.35 Young adult adjudication; effect thereof; records.
    43    1. A young adult adjudication is not a judgment of  conviction  for  a
    44  crime  or  any other offense, and does not operate as a disqualification
    45  of any person so adjudged to hold public office or public employment  or
    46  to receive any license granted by public authority but shall be deemed a
    47  conviction  only for the purposes of transfer of supervision and custody
    48  pursuant to section two hundred fifty-nine-m of the executive law.
    49    2. Upon receipt of notification of a young  adult  adjudication,  such
    50  adjudication  and all records thereof shall be sealed in the same manner
    51  as defined in section 720.35 of this title; and such records  shall  not
    52  be  available  except  where  specifically  required  by statute or upon
    53  specific authorization by the court.
    54    § 9. The criminal procedure law is amended by  adding  a  new  section
    55  440.49 to read as follows:
    56  § 440.49 Resentencing; youthful offender.
        A. 4238                             8

     1    1.  Any  person  under the age of twenty-six at the time the crime was
     2  committed who was convicted of a misdemeanor or  violation  offense  who
     3  would  have  been considered an "eligible youth" pursuant to subdivision
     4  two of section 720.10 of this chapter  and  an  "eligible  young  adult"
     5  pursuant  to subdivision two of section 721.10 of this chapter after the
     6  effective date of this section shall have their conviction automatically
     7  replaced with a youthful offender adjudication or young  adult  offender
     8  adjudication  within  six  months  of  the statute's effective date. The
     9  division of criminal  justice  services  shall  establish  standards  to
    10  ensure  that  such process occurs automatically for all persons prior to
    11  such six month deadline.
    12    2. Any person under the age of twenty-six at the time  the  crime  was
    13  committed who would have been considered an "eligible youth" pursuant to
    14  subdivision two of section 720.10 of this chapter and an "eligible young
    15  adult"  pursuant  to  subdivision  two of section 721.10 of this chapter
    16  after the effective date of this section, upon notice to the appropriate
    17  district attorney, may petition to be resentenced to a youthful offender
    18  adjudication or young adult offender  adjudication  in  accordance  with
    19  articles seven hundred twenty and seven hundred twenty-one of this chap-
    20  ter in the court which imposed such sentence. Even if a person is eligi-
    21  ble for automatic youthful offender adjudication or young adult offender
    22  adjudication  sealing  pursuant to subdivision one of this section, such
    23  person may still petition the court for resentencing prior  to  the  six
    24  month period described in subdivision one of this section.
    25    3. The court shall consider the factors outlined in subdivision two of
    26  section  720.20 and subdivision two of section 721.20 of this chapter in
    27  determining whether or not a person who  would  have  been  an  eligible
    28  youth  may  or  shall be granted youthful offender status or young adult
    29  offender status for the prior conviction.
    30    (a) In cases where granting youthful offender status  or  young  adult
    31  offender  status  is  discretionary and not required by paragraph (a) of
    32  subdivision one of section 720.20 or paragraph (a) of subdivision one of
    33  section 721.20 of this chapter, the court shall also consider any  addi-
    34  tional evidence presented by the person seeking resentencing, including:
    35    (i)  the  amount  of time that has elapsed since the petitioner's last
    36  conviction;
    37    (ii) the character of the petitioner, including any measures  that  he
    38  or she has taken towards rehabilitation, such as participating in treat-
    39  ment  programs,  work,  or  schooling,  and  participating  in community
    40  service or other volunteer programs;
    41    (iii) the circumstances and seriousness of the offense for  which  the
    42  petitioner is seeking relief;
    43    (iv)  the  impact  of  sealing the petitioner's record upon his or her
    44  rehabilitation and upon his or her successful and productive reentry and
    45  reintegration into society; and
    46    (v) the impact of collateral consequences of  the  conviction  on  the
    47  defendant and his or her family.
    48    (b)  The  district  attorney  may  challenge  the presumption to grant
    49  youthful offender status pursuant to paragraph (b) of subdivision one of
    50  section 720.20 and paragraph (b) of subdivision one of section 721.20 of
    51  this chapter.
    52    4. Subdivision one of section seven hundred seventeen and  subdivision
    53  four  of  section  seven  hundred  twenty-two of the county law, and the
    54  related provisions of article eighteen-A of such law shall apply to  the
    55  preparation and proceedings on motions pursuant to this section, includ-
    56  ing any appeals.
        A. 4238                             9

     1    §  10.  Section  450.10  of  the  criminal procedure law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6.  An order denying a motion, made pursuant to section 440.49 of this
     4  title, for granting youthful offender or young adult status.
     5    § 11. Subdivision 2 of section 60.00 of the penal  law,  as  added  by
     6  chapter  481  of the laws of 1978, is amended and a new subdivision 3 is
     7  added to read as follows:
     8    2. The sole provision of this article that shall apply in the case  of
     9  an  offense committed by a juvenile offender [is] or a defendant adjudi-
    10  cated a youthful offender or young adult in section 60.10 of this  arti-
    11  cle and no other provisions of this article shall be deemed or construed
    12  to apply in any such case.
    13    3.  The  sole provisions of this article that may apply in the case of
    14  an offense committed by a defendant adjudicated a youthful  offender  or
    15  young adult status are sections 60.02 and 60.10-a of this article and no
    16  other  provisions  of this article shall be deemed or construed to apply
    17  in any such case.
    18    § 12. Subdivisions 1 and 2 of section  60.02  of  the  penal  law,  as
    19  amended by chapter 471 of the laws of 1980, are amended and a new subdi-
    20  vision 3 is added to read as follows:
    21    (1) If the sentence is to be imposed upon a youthful offender or young
    22  adult  status  finding which has been substituted for a conviction of an
    23  offense other than a felony, the court must impose a sentence authorized
    24  for the offense for which the youthful offender or young  adult  finding
    25  was  substituted[,  except  that  if  the  youthful offender finding was
    26  entered pursuant to paragraph (b) of subdivision one of  section  720.20
    27  of  the criminal procedure law,] where the conviction is for a misdemea-
    28  nor the court must not impose a definite  or  intermittent  sentence  of
    29  imprisonment with a term of more than six months; or
    30    (2)  If the sentence is to be imposed upon a youthful offender finding
    31  which has been substituted for a conviction for any  felony,  the  court
    32  must  impose a sentence authorized to be imposed upon a person convicted
    33  of a class E felony [provided, however, that the court must not impose a
    34  sentence of conditional discharge  or  unconditional  discharge  if  the
    35  youthful  offender  finding was substituted for a conviction of a felony
    36  defined in article two hundred twenty of this chapter].
    37    3. If the sentence is to be imposed upon a young adult status  finding
    38  which  has  been  substituted for a conviction for any felony, the court
    39  shall impose a sentence authorized to be imposed upon a person convicted
    40  of a class E felony.
    41    § 13. Subdivision 4 of section 80.00 of the penal law, as  amended  by
    42  chapter 338 of the laws of 1989, is amended to read as follows:
    43    4.  Exception.  The  provisions  of  this section shall not apply to a
    44  corporation, or to a youthful offender finding  as  defined  in  section
    45  720.10  of  the  criminal procedure law or young adult status finding as
    46  defined in section 721.10 of the criminal procedure law.
    47    § 14. Subdivision 6 of section 80.05 of the penal law  is  amended  to
    48  read as follows:
    49    6.  Exception.  The  provisions  of  this section shall not apply to a
    50  corporation, or to a youthful offender finding  as  defined  in  section
    51  720.10  of  the  criminal procedure law or young adult status finding as
    52  defined in section 721.10 of the criminal procedure law.
    53    § 15. Subdivision 4 of section 340.40 of the criminal  procedure  law,
    54  as  amended  by  chapter  806 of the laws of 2021, is amended to read as
    55  follows:
        A. 4238                            10

     1    4. Notwithstanding any other provision of law, [in any local  criminal
     2  court] the trial of a person who is an eligible youth within the meaning
     3  of  the  youthful  offender procedure set forth in article seven hundred
     4  twenty of this chapter [and who has not prior  to  commencement  of  the
     5  trial  been convicted of a crime or adjudicated a youthful offender must
     6  be] shall be a jury trial or, where the eligible youth has waived a jury
     7  trial pursuant to section 320.10 of this part, a single judge trial.
     8    § 16. This act shall  take  effect  on  the  first  of  November  next
     9  succeeding  the date on which it shall have become a law and shall apply
    10  to any criminal case pending on such effective date.