senate Bill S4489A

2013-2014 Legislative Session

Relates to the age of criminal responsibility

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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jun 17, 2013 print number 4489a
amend and recommit to codes
Apr 03, 2013 referred to codes

Bill Amendments

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Co-Sponsors

S4489 - Bill Details

See Assembly Version of this Bill:
A7553A
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.10, 1.20, 160.10, 160.20 & 725.00, add Art 155 §§155.00 - 155.20 & Art 722 §§722.00 - 722.60, CP L; amd §§243 & 502, Exec L; amd §212, add Art 21-C §§849-l - 849-o, Judy L; amd §30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7394, A10257

S4489 - Bill Texts

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Relates to the age of criminal responsibility.

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BILL NUMBER:S4489

TITLE OF BILL: An act to amend the criminal procedure law, the
executive law, the judiciary law and the penal law, in relation to the
age of criminal responsibility

This measure is being introduced at the request of the Chief Judge of
the State.

This measure seeks to secure better outcomes in the justice system for
youth aged 16 or 17 who are accused of non-violent crimes. New York
has long provided that teenagers become criminally responsible for
their actions at age 16. With limited exceptions - for 13, 14 and 15
year olds who commit the most serious offenses - a person younger than
16 who is apprehended for committing an act that would be criminal if
committed by an adult is brought to Family Court, where efforts are
made, through the involvement of social service agencies and other
community resources, to address the dysfunction underlying the
person's behavior without exposing him or her to formal prosecution
and punishment. Even where those efforts are unavailing, the ultimate
sanctions for a person then held responsible for his or her offense
are designed to stress treatment, rehabilitation and the aim of
effective reintegration into the community. Hence, no criminal record
can result, the needs of the person are paramount, incarcerative
placements are subject to an overarching direction that they be the
least restrictive option available and records of any court
proceedings are sealed. In short, all emphasis is upon salvaging a
young person - helping him or her to get past anti-social behavior and
move on to a productive life.

None dispute the wisdom of this model. Indeed, many responsible people
in the community now seriously question whether the State should
expand it in some fashion to include slightly older teenagers. New
York is today one of only two states in the Nation that prosecute
16-year olds as adult criminals. In contrast, 37 states and the
District of Columbia set their respective ages of criminal
responsibility at 18; 11 states set their's at 17; and the one state
that shares New York's distinction as a hold-out for criminal
prosecution of 16-year olds, North Carolina, has begun a process
leading toward increasing its age of criminal responsibility to 18.

That the rest of the Nation has gone or is going down the path of
using alternatives to the adult criminal justice system to deal with
young offenders should be of little surprise. Statistically, it is
sadly evident that older adolescents who face punishment in adult
criminal courts have higher recidivism rates, re-offend sooner, and go
on to commit violent crimes and felony property crimes at a higher
rate than their younger brothers and sisters whose offenses are
adjudicated through a juvenile justice model. See Fagan, j. "The
Comparative Impacts of Juvenile and Criminal Court Sanctions On
Adolescent Felony Offenders" Law and Policy 18(1): 77-119 (1996).
Moreover, there is ample research concerning brain development in
adolescents and their greater receptivity to corrective therapies and
treatments to show that a juvenile justice model or some variation
thereof, if applied to them when they offend, is likely to result in
better outcomes - for the community and for the adolescent offender.


All this said, New York may not yet be ready for full embrace of a
juvenile justice model for the disposition of crime perpetrated by 16-
and 17-year old offenders. There are institutional costs that stand in
the way, as well as ingrained public attitudes. Indeed, there is no
community consensus that, however different these offenders may be
from older offenders and however troubling it may be to prosecute them
as adults, expanding the juvenile justice model to them is the right
path to follow for them. Accordingly, this measure offers a somewhat
different approach.

At heart, this measure is an effort to balance two concerns. A concern
for protecting the community against teen crime and against the
teenager who, over time, becomes a repeat offender with a concern that
the current means employed to deal with teen crime - i.e., prosecution
and punishment through the adult criminal justice system - may
ultimately do far more harm to the teen and to his or her community
than good. We believe that, as currently constituted, neither the
adult criminal justice system nor the juvenile Family Court system
offers an effective means by which to strike this balance.
Accordingly, we propose this measure as a new approach to the handling
of crime perpetrated by teenagers too old to be considered children
but not old enough to be considered full adults. This new approach,
which will incorporate greater efforts to get troubled 16- and 17-year
olds the medical, substance abuse and educational attention and
assistance they need will be centered about a new judicial forum. This
forum will blend features of both adult and juvenile justice systems -
applying tools and procedures of each to various phases of court
proceedings against teen offenders in a manner best calculated to
ensure public safety and offender accountability while gearing
community response to teen crime to methodologies most likely to help
teens counter their anti-social behaviors and reduce their likelihood
of recidivism.

The Youth Division of superior court

Under this measure, judicial proceedings against 16- and 17-year-old
offenders would remain in criminal court, albeit in a special part of
criminal court to be known as the Youth Division of superior court.
The Youth Division would sit in Supreme Court, Criminal Term, in New
York City and in County Court (and, occasionally, in Supreme Court) in
counties outside the City. It would be presided over by judges and
justices specially trained in the issues of adolescent development,
child psychology and therapeutic approaches to child pathology and
juvenile crime.

Adjustment by probation

Under this measure, where a person is arrested for allegedly
committing a nonviolent crime while 16 or 17 years old, the arresting
officer may give him or her a special appearance ticket that directs
the person to report to the local probation department at a specified
date. On that return date, the probation department will attempt to
adjust the case against the teen offender - in the same manner that it
would attempt to adjust a case against an alleged juvenile delinquent
in Family Court. If the probation department succeeds, no criminal
charges will be filed against the teen, fingerprints will be destroyed
and all other records pertaining to the arrest will be sealed. If the


probation department is unable to adjust the case, it will be reported
to the local District Attorney who may then bring criminal charges
against the teen in the Youth Division. If the teen fails to report to
probation as directed in the special appearance ticket, or if the
arresting officer determines not to issue such a ticket and instead
chooses to take the teen into custody, then, once the teen is brought
into the Youth Division*, the court will decide whether or not to
refer the case to the probation department for adjustment. Where it
does not do so, the District Attorney may then bring criminal charges
against the teen.

Recognizing that this measure will occasion greater costs for local
probation departments around the State and, to assure maximum
effectiveness, require greater spending on the kinds of services
needed to help teen offenders, the measure provides that its costs
will be underwritten by the Judiciary: (1) by direct reimbursement of
localities for their probation outlays on account of this measure, and
(2) through establishment of a juvenile Probation Assistance Program,
or "JPAP", by which the courts, following the model of the enormously
successful Justice Court Assistance Program, can provide limited State
aid to counties and NYC by which those localities can expand programs
providing substance abuse, educational, occupational, etc., services
so that the adjustment model promoted in this measure can have a real
chance at success.

Prosecution in the Youth Division

If efforts at adjustment fail, or if the Youth Division determines
that such efforts are not suitable in a particular case, then the
District Attorney may file an accusatory instrument with the Youth
Division to commence a criminal action against the teen offender. In
such case, prosecution against him or her will proceed as it would in
any other adult criminal prosecution. All provisions of the Criminal
Procedure Law that would regularly apply to such a prosecution will
apply. At this stage of the proceedings, the teen offender will stand
in the shoes of any other adult accused of crime.

Placement, not sentence

If, after trial, the teen offender is exonerated, the case against him
or her ends. All records will be sealed as provided in CPL 160.50.
If, however, the teen offender either pleads guilty exclusively to one
or more non-violent crimes in satisfaction of the charges against him
or her, or he or she is found guilty by verdict exclusively of one or
more nonviolent crimes, then the Youth Division, in lieu of a CPL
sentencing, is to conduct a dispositional hearing on the model of the
dispositional hearing prescribed by the Family Court Act for persons
who have been found to be juvenile delinquents. At this hearing, the
Youth Division will have available all of the dispositional options
that a Family Court Judge would have available when rendering a
juvenile delinquency disposition and be guided by the Family Court Act
directive that, in choosing an option, the court "shall consider the
needs and best interests of the (defendant) as well as the need for
protection of the community." See FCA § 352.2. Whatever disposition
the Youth Division decides upon, the affected teenager will not have a
criminal record and the records of his or her offense(s) will be
sealed from public view.


Summary

This measure proposes a more comprehensive solution to certain types
of crime perpetrated by an in-between class of offenders: 16- and
17-year olds, who are not quite yet adults but no longer children.
Many believe that, given the volume of their offenses -non-violent
crimes alone committed by this group number more than 40,000 annually
- and the fact that they are not young, perhaps more pliable,
teenagers dictates that their malfeasance be subject to correction in
the adult criminal justice system. But this view ignores considerable
research indicating that this group is more receptive to medical,
social and other forms of intervention and treatment than older
offenders; and far more likely to avoid re-offense and an escalating
life of crime if given such intervention and treatment than if they
were sentenced under current provisions of the Penal Law.

For this very reason, many others believe that 16- and 17-year olds
should be routed through the juvenile justice system, where they can
receive services and avoid the stigma of criminal conviction. They
also point to the fact that many states have raised their age of
criminal responsibility and taken matters involving juveniles outside
of the adult criminal justice system. Indeed, even avowedly "tough on
crime" states like Texas, Georgia and Mississippi have successfully
raised the age of criminal responsibility. Similarly, Illinois, which,
like New York, also has large urban centers, raised its age by a
phase-in process and more recently, New York's neighbor, Connecticut,
increased the age as well. But this view ignores common public fears
concerning teenage crime and official concern for the impact of
transferring tens of thousands of cases to already overburdened Family
Courts.

Accordingly, our objective in this measure is to apply the most
appropriate aspects of the two systems and meld them into a new, more
flexible arrangement that is better suited to the circumstances. In
the adjustment process it authorizes, the measure provides an
opportunity for many teenage offenders to get the attention and
treatment they need and to truly get at the heart of the problems
underlying their criminal behavior. By establishing a Youth Division
with specially-trained judges, to preside over criminal prosecution of
all 16- and 17-year old offenders, the measure ensures that these
prosecutions will be overseen by criminal court judges arid, among
them, only those most knowledgeable and experienced concerning teenage
crime. And, by requiring that such prosecutions be conducted in
accordance with the Criminal Procedure Law, the measure sends the
community a message that, when perpetrated by these offenders,
criminal conduct ought to be adjudicated in accordance with the same
standards that are applied to the prosecution of adult offenders.
Finally, by substituting a Family Court-like dispositional process for
adult criminal sentencing, and forgiving teenage offenders of a
criminal record, the measure reflects the practical realization,
reached by most other states in the Nation, that a juvenile justice
approach in response to proven teenage crime is much more likely to be
effective in protecting the community and correcting the pathologies
that produce teenage crime than the current adult penological
approach.


This act will take effect November first in the second year following
its enactment.

Legislative History:

None. New proposal.

*All court activity involving a person who is arrested for allegedly
committing a non-violent crime while 16 or 17 years old is to take
place in the Youth Division Only where that court is not in session,
i. e., at night and on weekends, may a local criminal court arraign
such a person In such event, however, unless the local criminal court
chooses to dismiss the case altogether pursuant to law, it must then
send the case directly to the Youth Division on the next day that the
Youth Division is in session.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4489

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the executive law, the judi-
  ciary law and the penal law,  in  relation  to  the  age  of  criminal
  responsibility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  finds  and  declares
that,  each  year,  roughly 40,000 youths aged 16 and 17 are arrested in
New York and prosecuted as adults in its criminal courts, overwhelmingly
for non-felony offenses. As many  studies  over  the  past  decade  have
shown,  however,  the adult criminal justice system does not effectively
respond to teenage criminal behavior. It is costly and largely ill-suit-
ed to the challenges such crime presents. Accordingly, this measure aims
to provide a distinctly new, more effective response to teenage criminal
behavior.
  Modern behavioral neuroscience confirms that the brains  of  teenagers
are  not  yet  matured;  they  lack impulse control and can neither make
fully-reasoned judgments nor weigh the risks and consequences  of  their
behavior.  It is now understood that teenage offenders should be treated
differently from older criminals  because  their  offenses  are  not  as
"morally  reprehensible  as that of an adult." Moreover, as other states
nationwide have learned, and as the legislature now recognizes,  teenag-
ers  are better candidates for rehabilitation and more likely to benefit
from alternatives-to-incarceration programs and locally-based  services.
Experience  in  other  states  has  shown  that recidivism among teenage
offenders drops markedly when the latter are  treated  with  appropriate
intervention  programs  and  services designed for teenagers rather than
with adult criminal sanctions. Indeed, where such programs and  services
are  utilized, all involved can benefit: the affected teenagers, many of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08997-01-3

S. 4489                             2

whom can thereby be steered away from a life of crime, and  the  public,
which,  where  these  programs  and  services succeed, can be spared the
consequences and costs of such a life upon the community.
  This is not to say that 16- and 17-year-old offenders who commit seri-
ous  offenses  should  not  be held responsible for their actions. While
they may not be adults with fully  mature  minds,  they  should  not  be
entirely  relieved  of  the  potentially  serious  consequences of their
behavior.  Echoing this view, the United States Supreme Court  has  held
that,  even  while  young  offenders ought not be held to adult criminal
justice penalties, they are not to be altogether absolved  of  responsi-
bility for their actions.
  After  considering  the  options  available, the legislature finds and
declares that, at the present time and given present resources, the most
effective way of balancing the limits and needs of non-violent  16-  and
17-year-old  offenders  with  community  needs  and relevant penological
considerations is to decriminalize their offenses  and  to  establish  a
specialized  forum  within  the  state's  superior courts in which those
offenses may be addressed, a forum  that  blends  features  of  criminal
court  and  family  court  in  a  youth division of adult criminal court
presided over by judges specially  trained  in  adolescent  development,
child psychology and therapeutic approaches to child pathology and juve-
nile  crime.  In  such fashion, young offenders can be afforded benefits
ideally suited to their youth and developmental  status,  benefits  that
are  an  integral  aspect  of  juvenile delinquency proceedings to which
younger offenders are subject in family court.  These  benefits  include
ensuring that 16- and 17-year-old offenders will not be stigmatized with
criminal  convictions and helping them confront the problems giving rise
to their offenses with programmatic intervention outside the traditional
criminal justice environment.  This measure would  establish  the  youth
division  of  superior court and prescribe the special procedures neces-
sary to its operation.
  S 2. Subdivision 1 of section 1.10 of the criminal  procedure  law  is
amended to read as follows:
  1.  The provisions of this chapter apply exclusively to:
  (a)   All criminal actions and proceedings commenced upon or after the
effective  date  thereof  and  all  appeals  and   other   post-judgment
proceedings relating or attaching thereto; [and]
  (b)    All  matters  of  criminal procedure prescribed in this chapter
which do not constitute a part of any particular action or case,  occur-
ring upon or after such effective date; AND
  (C)  ALL  ACTIONS  AND  PROCEEDINGS COMMENCED PURSUANT TO THIS CHAPTER
AGAINST PERSONS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO ARE NOT CRIMINALLY
RESPONSIBLE FOR THE OFFENSES CHARGED IN SUCH ACTIONS AND PROCEEDINGS.
  S 3. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 to read as follows:
  44. "YOUTH DIVISION OFFENSE" MEANS A FELONY OR MISDEMEANOR, OTHER THAN
A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION  70.02
OF  THE  PENAL LAW OR ANY OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION
EIGHTEEN OF SECTION 10.00 OF SUCH LAW, WHERE SUCH PERSON  WAS  AT  LEAST
SIXTEEN  YEARS  OLD  AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF THE
ALLEGED OFFENSE.
  S 4.  Subdivision 2 of section 30.20 of the criminal procedure law, as
amended by chapter 184 of the laws  of  1972,  is  amended  to  read  as
follows:
  2.   Insofar as is practicable, the trial of a criminal action must be
given preference over civil cases; and the trial of  a  criminal  action

S. 4489                             3

where the defendant has been committed to [the] custody [of the sheriff]
during the pendency of the criminal action must be given preference over
other criminal actions.
  S 5. The criminal procedure law is amended by adding a new article 155
to read as follows:
                               ARTICLE 155
             ARREST OF PERSONS AGED SIXTEEN OR SEVENTEEN AT
                    THE TIME THE OFFENSE IS COMMITTED
SECTION 155.00 APPLICABILITY.
        155.10 PROCEDURES UPON ARREST.
        155.20 SPECIAL APPEARANCE TICKET.
S 155.00 APPLICABILITY.
  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO THE ARREST BY AN OFFICER
OF  A PERSON FOR A YOUTH DIVISION OFFENSE. FOR PURPOSES OF THIS ARTICLE,
THE WORD "OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER.
S 155.10 PROCEDURES UPON ARREST.
  1. UPON THE ARREST OF A PERSON  FOR  A  YOUTH  DIVISION  OFFENSE,  THE
ARRESTING  OFFICER  MUST  IMMEDIATELY  NOTIFY THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S CARE OR, IF  SUCH  LEGALLY
RESPONSIBLE  PERSON  IS  UNAVAILABLE,  THE PERSON WITH WHOM THE ARRESTED
PERSON RESIDES, OF THE ARREST.  AFTER  MAKING  A  REASONABLE  EFFORT  TO
PROVIDE SUCH NOTIFICATION, THE OFFICER MUST:
  (A) RELEASE THE ARRESTED PERSON TO THE CUSTODY OF HIS OR HER PARENT OR
OTHER  PERSON  LEGALLY RESPONSIBLE FOR HIS OR HER CARE UPON THE ISSUANCE
OF A SPECIAL APPEARANCE TICKET IN ACCORDANCE WITH SECTION 155.20 TO  THE
ARRESTED PERSON WITH A COPY THEREOF TO THE PERSON TO WHOSE CUSTODY HE OR
SHE IS RELEASED; OR
  (B)  WHERE EFFORTS TO REACH A PARENT OR OTHER PERSON LEGALLY RESPONSI-
BLE FOR THE ARRESTED PERSON'S CARE HAVE BEEN UNSUCCESSFUL,  RELEASE  THE
ARRESTED  PERSON  UPON  THE  ISSUANCE OF A SPECIAL APPEARANCE TICKET, IN
WHICH EVENT THE OFFICER SHALL MAIL A COPY  OF  SUCH  APPEARANCE  TICKET,
WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE, TO SUCH PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE; OR
  (C)  WITHOUT  UNNECESSARY  DELAY, TAKE THE ARRESTED PERSON DIRECTLY TO
THE YOUTH DIVISION OF SUPERIOR COURT IN THE COUNTY IN WHICH THE  ALLEGED
OFFENSE WAS COMMITTED UNLESS THE OFFICER DETERMINES THAT IT IS NECESSARY
TO  QUESTION THE ARRESTED PERSON, IN WHICH CASE THE OFFICER MAY TAKE HIM
OR HER TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT
OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  CARE  OF  THE
ARRESTED  PERSON,  TO THE ARRESTED PERSON'S RESIDENCE AND THERE QUESTION
HIM OR HER FOR A REASONABLE PERIOD OF TIME.
NOTWITHSTANDING THE FOREGOING, WHERE IT APPEARS THAT THE ARRESTED PERSON
IS A SEXUALLY-EXPLOITED CHILD UNDER THE AGE OF EIGHTEEN  AS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, THE ARRESTING OFFICER SHALL TAKE THE ARRESTED PERSON TO AN
AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF SUCH PERSON CONSENTS TO  BE
TAKEN.
  2. AN ARRESTED PERSON SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION
UNLESS  HE  OR SHE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS
SECTION, IF PRESENT, HAVE BEEN ADVISED OF THE ARRESTED PERSON'S RIGHT TO
REMAIN SILENT, THAT ANY STATEMENTS MADE BY THE ARRESTED PERSON COULD  BE
USED  IN  A COURT OF LAW, THAT THE ARRESTED PERSON HAS THE RIGHT TO HAVE
AN ATTORNEY PRESENT AT SUCH QUESTIONING, AND THAT IF THE ARRESTED PERSON
CANNOT AFFORD AN ATTORNEY, ONE WILL  BE  PROVIDED  FREE  OF  CHARGE.  IN
DETERMINING  WHETHER  THE  ARRESTED  PERSON  KNOWINGLY AND INTELLIGENTLY

S. 4489                             4

WAIVED ANY OF THESE RIGHTS, A COURT MAY CONSIDER, AMONG  OTHER  RELEVANT
FACTORS,  THE  ARRESTED  PERSON'S AGE, THE PRESENCE OR ABSENCE OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER  CARE  AND
WHETHER  THERE  HAS BEEN NOTIFICATION OF THE PERSON REQUIRED TO BE NOTI-
FIED PURSUANT TO THIS SECTION.
S 155.20 SPECIAL APPEARANCE TICKET.
  1. DEFINITION, FORM AND CONTENT. A  SPECIAL  APPEARANCE  TICKET  IS  A
WRITTEN NOTICE ISSUED AND SUBSCRIBED BY AN OFFICER OR OTHER PUBLIC SERV-
ANT  AUTHORIZED  BY  STATE  LAW  OR  LOCAL  LAW  ENACTED PURSUANT TO THE
PROVISIONS OF THE MUNICIPAL HOME RULE LAW TO ISSUE THE SAME, DIRECTING A
DESIGNATED PERSON TO APPEAR AT THE PROBATION SERVICE FOR THE  COUNTY  IN
WHICH THE OFFENSE OR OFFENSES FOR WHICH THE SPECIAL APPEARANCE TICKET IS
ISSUED  WERE  ALLEGEDLY COMMITTED. A SPECIAL APPEARANCE TICKET, THE FORM
OF WHICH SHALL BE PRESCRIBED BY RULES OF THE CHIEF ADMINISTRATOR OF  THE
COURTS,  IS  NOT AN APPEARANCE TICKET AS PROVIDED IN ARTICLE ONE HUNDRED
FIFTY AND THE PROVISIONS OF SUCH ARTICLE DO NOT APPLY TO IT.
  2. WHEN AND BY WHOM ISSUED. WHENEVER AN OFFICER  MAKES  AN  ARREST  TO
WHICH  THIS ARTICLE APPLIES, SUCH OFFICER MAY, SUBJECT TO THE PROVISIONS
OF THIS ARTICLE, ISSUE AND SERVE A SPECIAL APPEARANCE  TICKET  UPON  THE
ARRESTED PERSON.
  3.  FILING  WITH  THE  PROBATION SERVICE. WHENEVER AN OFFICER ISSUES A
SPECIAL APPEARANCE TICKET PURSUANT TO THIS ARTICLE, HE  OR  SHE,  WITHIN
TWENTY-FOUR  HOURS,  MUST  FILE  OR  CAUSE  TO  BE FILED A COPY WITH THE
PROBATION SERVICE TO WHICH THE SPECIAL APPEARANCE TICKET  IS  RETURNABLE
AND  SHALL  FORWARD  A COPY TO THE COMPLAINANT AND THE ARRESTED PERSON'S
PARENT.
  4. FAILURE TO APPEAR AT THE PROBATION SERVICE. IF, AFTER  RECEIVING  A
SPECIAL  APPEARANCE  TICKET,  A  PERSON FAILS TO APPEAR AT THE PROBATION
SERVICE AT THE TIME SUCH SPECIAL APPEARANCE TICKET IS RETURNABLE, OR  IF
THE  COMPLAINANT  WHO  RECEIVED A COPY OF SUCH SPECIAL APPEARANCE TICKET
FAILS TO APPEAR AT SUCH TIME,  THE  PROBATION  SERVICE  MAY  ATTEMPT  TO
SECURE  THE  ATTENDANCE OF SUCH PERSON OR SUCH COMPLAINANT, AS APPROPRI-
ATE, THROUGH WRITTEN, TELEPHONIC OR  ELECTRONIC  NOTIFICATION.  IF  SUCH
NOTIFICATION IS UNSUCCESSFUL, OR IF NO EFFORTS AT NOTIFICATION ARE MADE,
THE  PROBATION SERVICE, NOT LATER THAN SEVEN DAYS FOLLOWING THE TIME THE
SPECIAL APPEARANCE TICKET  WAS  RETURNABLE,  MUST  NOTIFY  THE  DISTRICT
ATTORNEY  WHO  MAY THEREUPON TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE,
IN HIS OR HER DISCRETION, THE FILING OF AN  ACCUSATORY  INSTRUMENT  WITH
THE YOUTH DIVISION OF THE SUPERIOR COURT. UPON SUCH FILING OF AN ACCUSA-
TORY  INSTRUMENT, THE YOUTH DIVISION MAY ISSUE A SUMMONS OR A WARRANT OF
ARREST TO COMPEL THE ATTENDANCE OF THE PERSON WHO RECEIVED  THE  SPECIAL
APPEARANCE  TICKET  BEFORE THE COURT AND, WHERE IT DOES SO AND WHERE THE
PERSON FAILED TO APPEAR AT  THE  PROBATION  SERVICE  AT  THE  TIME  SUCH
SPECIAL  APPEARANCE  TICKET  WAS  RETURNABLE,  THE  YOUTH DIVISION SHALL
REQUIRE THAT A REPORT BE MADE TO THE YOUTH DIVISION WITHIN  THIRTY  DAYS
ON  THE  EFFORTS  MADE  TO SECURE SUCH ATTENDANCE.  UPON RECEIPT OF SUCH
REPORT, THE COURT SHALL  NOTIFY  THE  PARENT  OR  OTHER  PERSON  LEGALLY
RESPONSIBLE FOR CARE OF THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT
OR,  IF  SUCH LEGALLY RESPONSIBLE PERSON IS NOT AVAILABLE, A PERSON WITH
WHOM THE PERSON CHARGED  IN  SUCH  ACCUSATORY  INSTRUMENT  RESIDES,  AND
REQUEST  THAT  SUCH  PERSON  OR  OTHER LEGALLY RESPONSIBLE PERSON APPEAR
BEFORE THE COURT.
  S 6. Section 160.10 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. THE PROVISIONS OF PARAGRAPHS (B) THROUGH (D) OF  SUBDIVISION  ONE
OF  THIS  SECTION SHALL NOT APPLY WHERE THE ARRESTED PERSON OR DEFENDANT

S. 4489                             5

WAS SIXTEEN OR SEVENTEEN YEARS  OF  AGE  AT  THE  TIME  OF  THE  ALLEGED
OFFENSE.
  S 7. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S 160.20 Fingerprinting; forwarding of fingerprints.
  1.  Upon the taking of fingerprints of an arrested person or defendant
as prescribed in section 160.10, the appropriate police officer or agen-
cy must without unnecessary delay forward two  copies  of  such  finger-
prints to the division of criminal justice services.
  2.  (A)  UPON RECEIPT OF FINGERPRINTS TAKEN PURSUANT TO SECTION 160.10
WHERE THE PERSON FROM WHOM THEY WERE  TAKEN  WAS  SIXTEEN  OR  SEVENTEEN
YEARS  OF  AGE  AT  THE  TIME OF THE ALLEGED OFFENSE OR OFFENSES, ALL OF
WHICH ARE YOUTH DIVISION OFFENSES,  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  RETAIN  SUCH  FINGERPRINTS DISTINCTLY IDENTIFIABLE FROM
ADULT CRIMINAL RECORDS EXCEPT AS PROVIDED IN SECTION 722.50,  AND  SHALL
NOT  RELEASE  SUCH FINGERPRINTS TO A FEDERAL DEPOSITORY OR TO ANY PERSON
EXCEPT AS AUTHORIZED BY THIS CHAPTER. THE COMMISSIONER OF  THE  DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE REGULATIONS TO PROTECT THE
CONFIDENTIALITY  OF  SUCH  FINGERPRINTS  AND  RELATED INFORMATION AND TO
PREVENT ACCESS THERETO, BY, AND THE DISTRIBUTION THEREOF TO, PERSONS NOT
AUTHORIZED BY LAW.
  (B) UPON RECEIPT  OF  SUCH  FINGERPRINTS,  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES SHALL CLASSIFY THEM AND SEARCH ITS RECORDS FOR INFORMA-
TION  CONCERNING A PREVIOUS RECORD OF THE PERSON ARRESTED, INCLUDING ANY
FAMILY COURT  ADJUDICATION  OR  PENDING  MATTER  INVOLVING  SUCH  PERSON
ARRESTED. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY TRAN-
SMIT TO SUCH FORWARDING OFFICER OR AGENCY A REPORT CONTAINING ANY INFOR-
MATION  ON  FILE WITH RESPECT TO SUCH PERSON'S PREVIOUS RECORD OR FAMILY
COURT ADJUDICATIONS AND PENDING MATTERS OR A  REPORT  STATING  THAT  THE
PERSON ARRESTED HAS NO PREVIOUS RECORD ACCORDING TO ITS FILES.  NOTWITH-
STANDING  THE FOREGOING, WHERE THE DIVISION OF CRIMINAL JUSTICE SERVICES
HAS NOT RECEIVED DISPOSITION INFORMATION WITHIN TWO YEARS OF AN  ARREST,
IT  SHALL,  UNTIL  SUCH  INFORMATION OR UP-TO-DATE STATUS INFORMATION IS
RECEIVED, WITHHOLD THE RECORD OF THAT ARREST AND ANY RELATED ACTIVITY IN
DISSEMINATING CRIMINAL HISTORY INFORMATION.
  S 8. The criminal procedure law is amended by adding a new article 722
to read as follows:
                               ARTICLE 722
           PROCEEDINGS AGAINST SIXTEEN AND SEVENTEEN YEAR OLDS
   AND CERTAIN OTHER INDIVIDUALS; ESTABLISHMENT OF YOUTH DIVISION AND
                           RELATED PROCEDURES
SECTION 722.00 ADJUSTMENT BY PROBATION SERVICE.
        722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
        722.20 YOUTH DIVISION; PROCEDURES PRIOR TO  A  DETERMINATION  OF
                 GUILT.
        722.30 YOUTH  DIVISION;  SPECIAL  PROCEDURES FOLLOWED IN CERTAIN
                 PROCEEDINGS AGAINST CERTAIN OFFENDERS; REMOVAL TO FAMI-
                 LY COURT.
        722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING  A  DETERMI-
                 NATION OF GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR
                 SEVENTEEN YEARS OLD AT THE TIME OF OFFENSE.
        722.50 YOUTH  DIVISION;  DISPOSITION OF RECORDS UPON TERMINATION
                 OF ACTIONS OR PROCEEDINGS.
        722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
S 722.00 ADJUSTMENT BY PROBATION SERVICE.

S. 4489                             6

  1. THE PROBATION SERVICE SHALL MAKE ALL REASONABLE EFFORTS  TO  ADJUST
ANY OFFENSE FOR WHICH A PERSON HAS BEEN ARRESTED:
  (A)  UPON  THE APPEARANCE OF SUCH PERSON BEFORE SUCH PROBATION SERVICE
IN COMPLIANCE WITH A SPECIAL APPEARANCE TICKET ISSUED PURSUANT TO  ARTI-
CLE ONE HUNDRED FIFTY-FIVE; OR
  (B)  PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT WHERE SUCH PERSON
WAS ARRESTED FOR A YOUTH DIVISION OFFENSE, AND (I) NO SPECIAL APPEARANCE
TICKET WAS ISSUED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OR  (II)  A
SPECIAL  APPEARANCE TICKET WAS ISSUED BUT THE PERSON FAILED TO APPEAR AT
THE PROBATION SERVICE WHEN REQUIRED TO DO SO; OR
  (C) AS ORDERED BY THE COURT.
  NOTHING IN THIS SECTION SHALL PREVENT THE COMPLAINANT FROM  REQUESTING
THAT  THE  DISTRICT ATTORNEY COMMENCE A CRIMINAL ACTION AGAINST A PERSON
WHO HAS BEEN ARRESTED FOR  AN  OFFENSE  OR  OFFENSES  THAT  A  PROBATION
SERVICE  IS  ATTEMPTING  TO  ADJUST  PURSUANT TO THIS SECTION WHILE SUCH
EFFORTS TO ADJUST ARE ONGOING.
  2. (A) IN PURSUIT OF SUCH  ADJUSTMENT,  THE  PROBATION  SERVICE  SHALL
CONFER  WITH  THE ARRESTED PERSON; HIS OR HER PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE; THE COMPLAIN-
ANT; AND ANY OTHER INTERESTED PERSONS. THE PROBATION  SERVICE  ALSO  MAY
DIRECT  THE ARRESTED PERSON TO COMPLY WITH CERTAIN CONDITIONS (WHICH MAY
INCLUDE RESTITUTION OR REPARATION, IF APPROPRIATE)  AND  PARTICIPATE  IN
DESIGNATED  PROGRAMS.  IF, FOLLOWING SUCH EFFORTS, THE PROBATION SERVICE
DETERMINES THAT THE OFFENSE OR OFFENSES FOR WHICH SUCH PERSON  HAS  BEEN
ARRESTED  SHOULD  BE  ADJUSTED,  THE PROBATION SERVICE SHALL ADJUST SUCH
OFFENSE OR OFFENSES AND SHALL SO NOTIFY THE ARRESTED PERSON, HIS OR  HER
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
ARRESTED  PERSON'S  CARE, THE COMPLAINANT, THE DISTRICT ATTORNEY AND THE
CLERK OF THE YOUTH DIVISION. UPON ADJUSTMENT OF AN OFFENSE HEREUNDER, NO
FURTHER ACTION MAY BE TAKEN AGAINST  THE  ARRESTED  PERSON  INVOLVED  IN
RELATION TO SUCH OFFENSE OR OFFENSES PURSUANT TO THIS CHAPTER.
  (B)  THE  FACT  THAT  A  PERSON  IS  DETAINED  SHALL  NOT PROHIBIT THE
PROBATION SERVICE FROM ADJUSTING AN OFFENSE OR OFFENSES FOR  WHICH  SUCH
PERSON WAS ARRESTED.
  3.  (A)  FOLLOWING  EFFORTS  TO  ADJUST A CRIMINAL OFFENSE OR OFFENSES
UNDER THIS SECTION, WHICH SHALL NOT TAKE LONGER THAN TWO MONTHS  WITHOUT
COURT PERMISSION (OR SUCH GREATER PERIOD AS THE COURT MAY PERMIT, NOT TO
EXCEED AN ADDITIONAL TWO MONTHS), THE PROBATION SERVICE MUST:
  (I)  ADJUST  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES, IN WHICH EVENT THE
PROBATION SERVICE MUST SO NOTIFY THE DISTRICT ATTORNEY, THE YOUTH  DIVI-
SION,  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
EACH APPROPRIATE POLICE DEPARTMENT  AND  OTHER  LAW  ENFORCEMENT  AGENCY
WHEREUPON  THEY SHALL SEAL ALL RECORDS OF THE ARREST FOR SUCH OFFENSE OR
OFFENSES, AND DESTROY ANY PALMPRINTS OR FINGERPRINTS IN THEIR POSSESSION
OR CONTROL THAT WERE TAKEN FROM THE PERSON  WHOSE  OFFENSE  OR  OFFENSES
WERE  ADJUSTED WHEN HE OR SHE WAS ARRESTED FOR SUCH OFFENSE OR OFFENSES;
OR
  (II) NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PROBATION
SERVICE IS LOCATED, WITHIN FORTY-EIGHT HOURS  OR  THE  NEXT  COURT  DAY,
WHICHEVER  IS  LATER,  THAT  EFFORTS  TO ADJUST SUCH CRIMINAL OFFENSE OR
OFFENSES HAVE FAILED. UPON RECEIPT OF SUCH  NOTIFICATION,  THE  DISTRICT
ATTORNEY  MAY  TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, IN HIS OR HER
DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH THE YOUTH  DIVI-
SION.
  (B)  WHERE  THE  PROBATION SERVICE ADJUSTS THE OFFENSE OR OFFENSES FOR
WHICH A PERSON HAS BEEN ARRESTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARA-

S. 4489                             7

GRAPH  (A) OF THIS SUBDIVISION, AND SUCH PERSON IS DETAINED AT THE TIME,
THE PROBATION SERVICE SHALL NOTIFY THE FACILITY IN WHICH SUCH PERSON  IS
DETAINED TO RELEASE SUCH PERSON.
  (C)  UPON THE FAILURE OF A PERSON TO COMPLY WITH ANY CONDITION IMPOSED
BY THE PROBATION SERVICE PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
THE PROBATION SERVICE MAY REIMPOSE SUCH CONDITION, IMPOSE NEW CONDITIONS
OR  DETERMINE  THAT  ALL  REASONABLE  EFFORTS  TO  ADJUST THE OFFENSE OR
OFFENSES HAVE FAILED AND PROCEED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  PROBATION  SERVICE
SHALL  NOT  TRANSMIT  OR OTHERWISE DISCLOSE TO THE DISTRICT ATTORNEY ANY
STATEMENT MADE BY AN ARRESTED PERSON TO A PROBATION OFFICER,  NOR  SHALL
ANY STATEMENT OF AN ARRESTED PERSON MADE TO THE PROBATION SERVICE IN THE
COURSE  OF  EFFORTS PURSUANT TO THIS SECTION AT ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES BE ADMITTED INTO EVIDENCE IN ANY CRIMINAL ACTION  OR
PROCEEDING  AGAINST  SUCH  PERSON  OR  IN ANY OTHER ACTION OR PROCEEDING
AGAINST SUCH PERSON IN THE  YOUTH  DIVISION.    HOWEVER,  THE  PROBATION
SERVICE  MAY  MAKE  A  RECOMMENDATION REGARDING ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES TO THE DISTRICT ATTORNEY AND PROVIDE  SUCH  INFORMA-
TION,  INCLUDING  ANY REPORT MADE BY THE ARRESTING OFFICER AND RECORD OF
PREVIOUS ADJUSTMENTS AND ARRESTS AS IT SHALL DEEM RELEVANT.
  5. WHERE THE PROBATION SERVICE ADJUSTS A CRIMINAL OFFENSE OR  OFFENSES
UNDER THIS SECTION AFTER AN ACCUSATORY INSTRUMENT CHARGING SUCH CRIMINAL
OFFENSE  OR  OFFENSES  HAS  BEEN  FILED WITH OR TRANSFERRED TO THE YOUTH
DIVISION, THE YOUTH  DIVISION,  UPON  NOTIFICATION  OF  SUCH  ADJUSTMENT
PURSUANT  TO  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION, MUST DISMISS SUCH ACCUSATORY INSTRUMENT PURSUANT TO  PARA-
GRAPH  (G)  OF  SUBDIVISION  ONE  OF  SECTION 170.30 OR PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION 210.20, AS APPROPRIATE, AS IF  A  MOTION  FOR
SUCH DISMISSAL HAD BEEN MADE BY DEFENDANT THEREUNDER.
  6.  THE  CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE PROCEDURES
TO BE FOLLOWED BY A PROBATION SERVICE IN DISCHARGE OF  ITS  RESPONSIBIL-
ITIES  PURSUANT TO THIS SECTION.  SUCH RULES ALSO SHALL PRESCRIBE STAND-
ARDS TO BE  FOLLOWED  IN  DETERMINING  WHETHER  A  CRIMINAL  OFFENSE  OR
OFFENSES MAY BE ADJUSTED PURSUANT TO THIS SECTION.
S 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH DIVISION  OF  THE
SUPERIOR  COURT  FOR  THE  COUNTY  IN  WHICH SUCH COURT PRESIDES. JUDGES
PRESIDING IN THE YOUTH DIVISION SHALL RECEIVE  TRAINING  IN  SPECIALIZED
AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO,  JUVENILE JUSTICE, ADOLESCENT
DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING  CRIME  COMMIS-
SION  BY ADOLESCENTS.   WHERE THE PROVISIONS OF THE FAMILY COURT ACT ARE
INCLUDED OR INCORPORATED BY REFERENCE IN THIS ARTICLE, THE  YOUTH  DIVI-
SION  MAY  CONSIDER  JUDICIAL  INTERPRETATIONS OF SUCH PROVISIONS TO THE
EXTENT THAT THEY MAY ASSIST  THE  YOUTH  DIVISION  IN  INTERPRETING  THE
PROVISIONS OF THIS CHAPTER.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
THREE OF SECTION 722.20, THE YOUTH DIVISION SHALL HAVE:
  1.  EXCLUSIVE PRELIMINARY AND TRIAL JURISDICTION OF ALL YOUTH DIVISION
OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT;
  2. PRELIMINARY AND TRIAL JURISDICTION, CONCURRENT WITH LOCAL  CRIMINAL
COURTS, OF ALL OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT THAT CHARG-
ES A PERSON WITH ONE OR MORE CRIMES AT LEAST ONE OF WHICH IS NOT A YOUTH
DIVISION  OFFENSE,  WHERE SUCH PERSON WAS AT LEAST SIXTEEN YEARS OLD AND

S. 4489                             8

LESS THAN EIGHTEEN YEARS OLD AT THE TIME HE OR SHE IS  ALLEGED  TO  HAVE
COMMITTED THE OFFENSES CHARGED; AND
  3. JURISDICTION OVER ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS
REQUIRED BY THIS CHAPTER TO BE CONDUCTED IN SUPERIOR COURT.
S 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF GUILT.
  1.  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS ARTICLE, THE PROVISIONS OF
THIS CHAPTER SHALL APPLY IN EACH ACTION OR PROCEEDING IN THE YOUTH DIVI-
SION OF SUPERIOR COURT. SOLELY FOR PURPOSES HEREOF, A PROCEEDING IN  THE
YOUTH DIVISION SHALL BE DEEMED A CRIMINAL PROCEEDING, THE PERSON SUBJECT
TO  SUCH  PROCEEDING SHALL BE DEEMED A DEFENDANT AND THE CHARGES AGAINST
SUCH PERSON SHALL BE DEEMED CRIMINAL CHARGES; PROVIDED, HOWEVER, THAT IF
SPECIFIC OFFENSES CHARGED AGAINST A DEFENDANT DESCRIBED  IN  SUBDIVISION
ONE  OF SECTION 722.40 RESULT IN A PLEA OF GUILTY OR SUCH A DEFENDANT IS
OTHERWISE FOUND GUILTY THEREOF, NO CONVICTION THEREOF SHALL BE ENTERED.
  2. NOTWITHSTANDING THE PROVISIONS OF TITLE H OF THIS CHAPTER, WHERE  A
DEFENDANT  WAS  AT  LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS
OLD AT THE TIME HE OR SHE IS ALLEGED  TO  HAVE  COMMITTED  THE  OFFENSES
CHARGED  IN AN ACCUSATORY INSTRUMENT, ALL REFERENCES TO A LOCAL CRIMINAL
COURT IN SUCH TITLE SHALL BE DEEMED REFERENCES TO  THE  YOUTH  DIVISION.
FOR THE PURPOSE OF EXERCISING PRELIMINARY JURISDICTION OVER AN ACTION OR
PROCEEDING PURSUANT TO SUCH TITLE, THE YOUTH DIVISION SHALL HAVE ALL THE
POWERS OF A LOCAL CRIMINAL COURT THEREUNDER.
  3.  WHERE THE YOUTH DIVISION IS NOT IN SESSION AND UNABLE TO ARRAIGN A
DEFENDANT, SUCH DEFENDANT MAY BE ARRAIGNED  BEFORE  ANY  LOCAL  CRIMINAL
COURT  IN  WHICH  HE  OR  SHE COULD BE ARRAIGNED WERE HE OR SHE AT LEAST
EIGHTEEN YEARS OF AGE AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED
THE OFFENSE OR OFFENSES CHARGED IN AN ACCUSATORY  INSTRUMENT;  PROVIDED,
HOWEVER,  IN  SUCH  EVENT AND UNLESS THE LOCAL CRIMINAL COURT INTENDS TO
DISMISS THE ACTION IMMEDIATELY THEREAFTER,  SUCH  LOCAL  CRIMINAL  COURT
MUST  TRANSFER THE MATTER FORTHWITH TO THE YOUTH DIVISION AND SHALL MAKE
THE MATTER RETURNABLE IN THE YOUTH DIVISION ON THE NEXT  DAY  THE  YOUTH
DIVISION IS IN SESSION AFTER ARRAIGNMENT IN THE LOCAL CRIMINAL COURT.
  4.  (A) UPON ANY OCCASION WHEN THE YOUTH DIVISION (OR A LOCAL CRIMINAL
COURT AS PROVIDED HEREUNDER WHEN THE YOUTH DIVISION IS NOT  IN  SESSION)
IS  REQUIRED  TO  ISSUE A SECURING ORDER WITH RESPECT TO A PRINCIPAL WHO
WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF  HIS  OR  HER  ALLEGED
OFFENSE  OR OFFENSES, AND SUCH OFFENSE OR OFFENSES ARE EXCLUSIVELY YOUTH
DIVISION OFFENSES, THE COURT MAY NOT COMMIT SUCH  PRINCIPAL  TO  CUSTODY
UNLESS AVAILABLE LESS RESTRICTIVE ALTERNATIVES THERETO, INCLUDING CONDI-
TIONAL RELEASE, WOULD NOT BE APPROPRIATE.
  (B) ONCE A PRINCIPAL DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IS
COMMITTED TO CUSTODY, THE COURT SHALL MAKE THE FOLLOWING FINDINGS, WHICH
SHALL BE INCLUDED IN A WRITTEN ORDER, AS REQUIRED BY FEDERAL LAW:
  (I) WHETHER THE CONTINUATION OF THE PRINCIPAL OUTSIDE OF CUSTODY WOULD
BE CONTRARY TO HIS OR HER BEST INTERESTS BASED UPON, AND LIMITED TO, THE
FACTS  AND  CIRCUMSTANCES  AVAILABLE  TO  THE  COURT  AT THE TIME OF THE
ARRAIGNMENT; AND
  (II) WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION  OF
THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE ON
WHICH THE PRINCIPAL WAS COMMITTED TO CUSTODY THAT RESULTED IN THE SECUR-
ING  ORDER TO PREVENT OR ELIMINATE THE NEED FOR COMMITTING THE PRINCIPAL
TO CUSTODY OR, IF THE PRINCIPAL HAD BEEN COMMITTED TO CUSTODY  PRIOR  TO
ARRAIGNMENT,   WHERE  APPROPRIATE  AND  CONSISTENT  WITH  THE  NEED  FOR
PROTECTION OF THE COMMUNITY, WHETHER REASONABLE  EFFORTS  WERE  MADE  TO
MAKE IT POSSIBLE FOR THE PRINCIPAL TO BE RELEASED FROM CUSTODY.

S. 4489                             9

S 722.30 YOUTH   DIVISION;   SPECIAL   PROCEDURES  FOLLOWED  IN  CERTAIN
           PROCEEDINGS AGAINST  CERTAIN  OFFENDERS;  REMOVAL  TO  FAMILY
           COURT.
  1.  UPON  MOTION  OF  THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT AND PRIOR TO A JUDGMENT OF CONVICTION, THE YOUTH DIVISION  OF
THE  SUPERIOR COURT MAY DIRECT THAT ALL PROCEEDINGS AGAINST SUCH DEFEND-
ANT IN SUCH YOUTH DIVISION FOLLOWING A PLEA OF GUILTY OR OTHER  DETERMI-
NATION  OF  GUILT, WHETHER OR NOT SUCH PLEA OR OTHER DETERMINATION SHALL
HAVE OCCURRED AT THE TIME OF SUCH MOTION, SHALL BE CONDUCTED IN  ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  SECTION  722.40  IN ANY CASE WHERE SUCH
DEFENDANT:
  (A) IS A JUVENILE OFFENDER AND THE CASE HAS NOT BEEN REMOVED TO FAMILY
COURT PURSUANT TO THIS CHAPTER; OR
  (B) WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT
THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED AN OFFENSE  OR  OFFENSES
CHARGED  IN THE ACCUSATORY INSTRUMENT AT LEAST ONE OF WHICH IS A VIOLENT
FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF  THE
PENAL  LAW OR AN OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION EIGHTEEN
OF SECTION 10.00 OF SUCH LAW.
  2. IN DETERMINING  A  MOTION  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  YOUTH  DIVISION  MUST  CONSIDER  THE FACTORS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION AND MAY NOT GRANT SUCH A MOTION  UNLESS
IT  DETERMINES  THAT  TO  DO  SO  WOULD  BE IN THE INTERESTS OF JUSTICE;
PROVIDED, HOWEVER, THE YOUTH  DIVISION  MAY  NOT  GRANT  SUCH  A  MOTION
UNLESS:
  (A)  THE  YOUTH  DIVISION FINDS SPECIFIC FACTORS, ONE OR MORE OF WHICH
REASONABLY SUPPORT SUCH MOTION, SHOWING:  (I)  MITIGATING  CIRCUMSTANCES
THAT  BEAR  DIRECTLY  UPON  THE MANNER IN WHICH THE CRIME WAS COMMITTED;
(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; OR (III) POSSIBLE  DEFICIEN-
CIES IN THE PROOF OF THE CRIME;
  (B)  AFTER  CONSIDERATION OF THE FACTORS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION, THE YOUTH DIVISION DETERMINES THAT FURTHER  PROCEEDINGS
IN RELATION TO THE DEFENDANT CONDUCTED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 722.40 WOULD BE IN THE INTERESTS OF JUSTICE; AND
  (C) THE DISTRICT ATTORNEY CONSENTS THERETO.
  3. (A) UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT  AND  PRIOR TO A JUDGEMENT OF CONVICTION, THE YOUTH DIVISION,
AFTER CONSIDERATION OF THE RELEVANT FACTORS  SET  FORTH  IN  SUBDIVISION
FOUR  OF THIS SECTION AND IF THE YOUTH DIVISION DETERMINES THAT TO DO SO
WOULD BE IN THE INTEREST OF JUSTICE, MAY DIRECT THAT THE ACTION  AGAINST
THE DEFENDANT BE REMOVED TO FAMILY COURT IN ANY CASE WHERE THE DEFENDANT
IS  CHARGED  IN  THE  YOUTH  DIVISION EXCLUSIVELY WITH ONE OR MORE YOUTH
DIVISION OFFENSES AND:
  (I) THE DEFENDANT IS A PARTY TO OR IS OTHERWISE A SUBJECT  OF  PENDING
PROCEEDINGS  IN THE FAMILY COURT UNDER ARTICLE THREE, SEVEN, EIGHT, TEN,
TEN-A, TEN-B OR TEN-C OF THE FAMILY COURT ACT; OR
  (II) THE COURT DETERMINES THAT THE DEFENDANT IS  A  SEXUALLY-EXPLOITED
CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
  (B)  WHERE  THE  YOUTH DIVISION DIRECTS REMOVAL OF AN ACTION TO FAMILY
COURT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,
THE PROVISIONS OF SUBDIVISIONS SIX THROUGH NINE OF  SECTION  725.05  AND
SECTIONS  725.10  AND  725.15  OF THIS TITLE SHALL APPLY TO SUCH REMOVAL
PROVIDED THAT:

S. 4489                            10

  (I) FOR PURPOSES OF SUBDIVISION SIX OF SECTION 725.05, "THE  JUVENILE"
SHALL REFER TO THE DEFENDANT IN THE ACTION BEING REMOVED; AND
  (II)  NOTWITHSTANDING  THE  PROVISIONS  OF ARTICLE THREE OF THE FAMILY
COURT ACT, UPON SUCH REMOVAL, THE FAMILY  COURT  SHALL  HAVE  AND  SHALL
EXERCISE  JURISDICTION  OVER THE DEFENDANT IN THE PROCEEDING REQUIRED TO
BE ORIGINATED IN SUCH COURT  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
725.10  AS  IF THE DEFENDANT WERE OVER SEVEN AND LESS THAN SIXTEEN YEARS
OF AGE.
  4. IN MAKING ITS DETERMINATION PURSUANT TO SUBDIVISION ONE OR THREE OF
THIS SECTION, THE YOUTH DIVISION SHALL, TO THE EXTENT APPLICABLE,  EXAM-
INE INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
  (A) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
  (B) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
  (C)  THE  EVIDENCE  OF  GUILT,  WHETHER  ADMISSIBLE OR INADMISSIBLE AT
TRIAL;
  (D) THE HISTORY, CHARACTER AND CONDITION OF THE  DEFENDANT,  INCLUDING
HIS OR HER DEVELOPMENTAL AND COGNITIVE LEVELS;
  (E)  THE  PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE
AUTHORIZED FOR THE OFFENSE;
  (F) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH  THE  PROVISIONS  OF
SECTION  722.40  MAY  HAVE ON THE SAFETY OR WELFARE OF THE COMMUNITY AND
THE DEFENDANT'S NEEDS AND BEST INTERESTS;
  (G) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH  THE  PROVISIONS  OF
SECTION 722.40 WOULD HAVE UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIM-
INAL JUSTICE SYSTEM;
  (H)  WHERE  THE  COURT  DEEMS  IT  APPROPRIATE,  THE  CONCERNS  OF THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
  (I) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT  OF  CONVICTION
IN A CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
  5.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE  AND TWO OF SECTION 210.45,
GOVERNING PROCEDURE ON A MOTION TO DISMISS AN INDICTMENT, SHALL APPLY TO
PROCEDURE UPON A MOTION PURSUANT TO SUBDIVISION ONE  OR  THREE  OF  THIS
SECTION.  AFTER ALL PAPERS OF BOTH PARTIES HAVE BEEN FILED AND AFTER ALL
DOCUMENTARY EVIDENCE, IF ANY, HAS BEEN  SUBMITTED,  THE  YOUTH  DIVISION
MUST CONSIDER THE SAME FOR THE PURPOSE OF DETERMINING WHETHER THE MOTION
IS  DETERMINABLE  ON  THE  MOTION PAPERS SUBMITTED AND, IF NOT, MAY MAKE
SUCH INQUIRY AS IT DEEMS NECESSARY FOR THE PURPOSE OF MAKING A  DETERMI-
NATION.
  6. FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION,
ANY  EVIDENCE  WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE
DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED  AGAINST
HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTI-
MONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
  7.  (A) IF THE YOUTH DIVISION ORDERS THE PROCEEDINGS TO CONTINUE UNDER
THE PROVISIONS OF SECTION 722.40, IT  SHALL  STATE  ON  THE  RECORD,  IN
DETAIL AND NOT IN CONCLUSORY TERMS, THE FACTOR OR FACTORS UPON WHICH ITS
DETERMINATION IS BASED.
  (B)  THE  DISTRICT ATTORNEY SHALL STATE UPON THE RECORD, IN DETAIL AND
NOT IN CONCLUSORY TERMS, THE REASONS FOR HIS OR HER CONSENT TO HAVE  THE
PROCEEDINGS CONTINUE UNDER THE PROVISIONS OF SECTION 722.40.
S 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMINATION OF
           GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR SEVENTEEN YEARS
           OLD AT THE TIME OF OFFENSE.
  1.  IF  A DEFENDANT WHO IS CHARGED IN THE YOUTH DIVISION OF A SUPERIOR
COURT WITH ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO  IS  ENTITLED  TO
PROCEED PURSUANT TO THIS SECTION UPON GRANT OF A MOTION MADE PURSUANT TO

S. 4489                            11

SUBDIVISION  ONE  OF  SECTION  722.30)  PLEADS GUILTY TO SUCH OFFENSE OR
OFFENSES OR IS OTHERWISE FOUND GUILTY THEREOF, THE COURT SHALL  SCHEDULE
A  DISPOSITIONAL  HEARING  PURSUANT  TO  THIS SECTION.   A DEFENDANT WHO
PLEADS  GUILTY  TO OR IS OTHERWISE FOUND GUILTY OF A CRIME THAT IS NOT A
YOUTH DIVISION OFFENSE SHALL NOT BE DEEMED "A DEFENDANT WHO  IS  CHARGED
IN  THE  YOUTH DIVISION OF A SUPERIOR COURT WITH ONE OR MORE YOUTH DIVI-
SION OFFENSES" FOR PURPOSES OF THIS SUBDIVISION NOTWITHSTANDING THAT, IN
THE SAME ACTION OR PROCEEDING, HE OR SHE PLEADS GUILTY TO OR  IS  OTHER-
WISE  FOUND GUILTY OF ONE OR MORE OTHER OFFENSES THAT ARE YOUTH DIVISION
OFFENSES.
  2. FOR PURPOSES OF THIS SECTION, A  "DISPOSITIONAL  HEARING"  MEANS  A
HEARING  TO DETERMINE WHETHER THE DEFENDANT REQUIRES SUPERVISION, TREAT-
MENT OR CONFINEMENT.  WHERE THE YOUTH DIVISION  ORDERS  A  DISPOSITIONAL
HEARING PURSUANT TO THIS SECTION, ALL FURTHER PROCEEDINGS IN RELATION TO
THE  DEFENDANT  SHALL  BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF
PARTS FIVE AND SIX OF ARTICLE THREE OF THE FAMILY  COURT  ACT,  PROVIDED
THAT REFERENCES THEREIN:
  (A)  TO  A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN
PROCEEDINGS IN THE YOUTH DIVISION, AND TO A "PRESENTMENT  AGENCY"  SHALL
MEAN TO THE DISTRICT ATTORNEY;
  (B)  TO  A  "DELINQUENCY  PROCEEDING" OR TO A "DELINQUENCY CASE" SHALL
MEAN TO AN ACTION OR PROCEEDING IN A YOUTH DIVISION, AND TO  A  "FINDING
OF DELINQUENCY" SHALL MEAN TO A DETERMINATION OF GUILT;
  (C)  TO  "SUBDIVISION ONE OF SECTION 345.1" SHALL MEAN SUBDIVISION ONE
OF THIS SECTION;
  (D) TO "AN ORDER PURSUANT TO SECTION 315.3" SHALL MEAN TO AN  ADJOURN-
MENT IN CONTEMPLATION OF DISMISSAL; AND
  (E)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER.
NOTWITHSTANDING THE FOREGOING, WHERE THE YOUTH DIVISION ORDERS PLACEMENT
OF THE DEFENDANT, SUCH PLACEMENT SHALL BE IN THE CUSTODY OF THE LOCAL OR
STATE CORRECTIONAL FACILITY TO WHICH DEFENDANT WOULD HAVE BEEN COMMITTED
WERE HE OR SHE TO HAVE BEEN AGE EIGHTEEN OR OLDER AT THE TIME HE OR  SHE
COMMITTED  THE  OFFENSE  OR OFFENSES OF WHICH HE OR SHE WAS FOUND GUILTY
AND SENTENCED TO INCARCERATION THEREFOR.
  3. PROVIDED FURTHER THAT, FOR PURPOSES OF THIS SUBDIVISION, REFERENCES
CONTAINED IN SUBDIVISION SIX OF SECTION 355.3 OF THE FAMILY COURT ACT TO
A "RESPONDENT'S EIGHTEENTH BIRTHDAY" AND TO  "THE  CHILD'S  TWENTY-FIRST
BIRTHDAY"  SHALL  MEAN TO A "DEFENDANT'S TWENTIETH BIRTHDAY" AND TO "THE
DEFENDANT'S TWENTY-THIRD BIRTHDAY", RESPECTIVELY.
S 722.50 YOUTH DIVISION; DISPOSITION  OF  RECORDS  UPON  TERMINATION  OF
           ACTIONS OR PROCEEDINGS.
  1.  WHERE, IN AN ACTION OR PROCEEDING PURSUANT TO THIS ARTICLE AGAINST
A DEFENDANT WHO WAS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR  COURT
EXCLUSIVELY  WITH  ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO WAS ENTI-
TLED TO PROCEED PURSUANT TO SECTION 722.40 UPON GRANT OF A  MOTION  MADE
PURSUANT  TO  SUBDIVISION  ONE  OF SECTION 722.30), THE DEFENDANT PLEADS
GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH HE OR SHE WAS CHARGED OR IS
OTHERWISE DETERMINED TO BE GUILTY THEREOF, THE  PROVISIONS  OF  SECTIONS
375.2,  380.1,  381.2  AND  381.3 OF THE FAMILY COURT ACT SHALL APPLY TO
DISPOSITION OF THE RECORDS OF SUCH ACTION OR PROCEEDING. FOR PURPOSES OF
THIS SECTION, REFERENCES IN SUCH SECTIONS OF THE FAMILY COURT ACT:
  (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE  DEFENDANT  IN
PROCEEDINGS IN THE YOUTH DIVISION;
  (B)  TO A "DELINQUENCY PROCEEDING" SHALL MEAN TO AN ACTION OR PROCEED-
ING IN A YOUTH DIVISION;

S. 4489                            12

  (C) TO A "PRESENTMENT AGENCY" OR  THE  "DIRECTOR  OF  THE  APPROPRIATE
PRESENTMENT AGENCY" SHALL MEAN TO THE DISTRICT ATTORNEY;
  (D)  TO  A  "FINDING  OF  DELINQUENCY  PURSUANT  TO SUBDIVISION ONE OF
SECTION 352.1" OR TO A "FINDING OF JUVENILE DELINQUENCY" SHALL MEAN TO A
PLEA OF GUILTY TO THE OFFENSE OR OFFENSES  WITH  WHICH  A  DEFENDANT  IS
CHARGED  OR  A  VERDICT  OF  GUILTY THERETO AND TO "PERSON ADJUDICATED A
JUVENILE DELINQUENT" SHALL MEAN TO A DEFENDANT WHO HAS MADE SUCH A  PLEA
OR BEEN SUBJECT TO SUCH A VERDICT;
  (E) TO "RESPONDENT'S SIXTEENTH BIRTHDAY" SHALL MEAN TO THE DEFENDANT'S
EIGHTEENTH BIRTHDAY;
  (F)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER;
  (G) TO "FAMILY COURT" OR "COURT" SHALL MEAN TO THE YOUTH DIVISION.
  2. NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
160.50,  TERMINATION  OF  AN  ACTION OR PROCEEDING IN THE YOUTH DIVISION
OTHER THAN BY A DEFENDANT'S PLEA OF GUILTY TO THE  OFFENSE  OR  OFFENSES
WITH  WHICH  HE  OR  SHE  WAS CHARGED OR BY A VERDICT OF GUILTY THERETO,
WHERE THE DEFENDANT WAS CHARGED WITH ONE OR MORE YOUTH DIVISION OFFENSES
(OR WHERE THE DEFENDANT WAS ENTITLED  TO  PROCEED  PURSUANT  TO  SECTION
722.40  UPON  GRANT  OF  A  MOTION  MADE  PURSUANT TO SUBDIVISION ONE OF
SECTION 722.30), SHALL BE DEEMED A "TERMINATION OF A CRIMINAL ACTION  OR
PROCEEDING  AGAINST  A  PERSON  IN FAVOR OF SUCH PERSON" FOR PURPOSES OF
SUCH SECTION 160.50.
  3. WHERE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE  TAKEN  PURSUANT
TO SECTION 160.10 AND THE ACTION WAS SUBSEQUENTLY ADJUDICATED IN ACCORD-
ANCE  WITH SECTION 722.40, THE CLERK OF THE YOUTH DIVISION SHALL FORWARD
OR CAUSE TO BE FORWARDED TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES NOTIFICATION OF  SUCH  ADJUDICATION  AND  SUCH  RELATED
INFORMATION  AS MAY BE REQUIRED BY SUCH COMMISSIONER. IF A DEFENDANT HAS
PLEADED GUILTY OR OTHERWISE BEEN  DETERMINED  TO  HAVE  BEEN  GUILTY  OF
OFFENSES  OTHER THAN A FELONY, ALL SUCH FINGERPRINTS, PALMPRINTS, PHOTO-
GRAPHS, AND COPIES THEREOF, AND ALL INFORMATION RELATING TO SUCH ALLEGA-
TIONS OBTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
SECTION  160.10 SHALL BE DESTROYED FORTHWITH. IF A DEFENDANT HAS PLEADED
GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF A FELONY, ALL
FINGERPRINTS AND RELATED INFORMATION OBTAINED BY THE DIVISION OF  CRIMI-
NAL  JUSTICE SERVICES PURSUANT TO SUCH SECTION SHALL BECOME PART OF SUCH
DIVISION'S PERMANENT ADULT CRIMINAL RECORD FOR  THAT  PERSON;  PROVIDED,
HOWEVER,  THAT  WHEN  SUCH  PERSON REACHES THE AGE OF TWENTY-ONE, OR HAS
BEEN DISCHARGED FROM ANY PLACEMENT IMPOSED UNDER THIS ARTICLE, WHICHEVER
OCCURS LATER, AND  HAS  NO  CRIMINAL  CONVICTIONS  OR  PENDING  CRIMINAL
ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER-
PRINTS,  PALMPRINTS,  PHOTOGRAPHS,  AND  RELATED  INFORMATION AND COPIES
THEREOF OBTAINED PURSUANT TO SECTION 160.10 IN  THE  POSSESSION  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  ANY  POLICE  DEPARTMENT, LAW
ENFORCEMENT AGENCY OR ANY OTHER AGENCY  SHALL  BE  DESTROYED  FORTHWITH.
THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL NOTIFY THE AGENCY OR
AGENCIES WHICH FORWARDED  FINGERPRINTS  TO  SUCH  DIVISION  PURSUANT  TO
SECTION  160.10  OF  THEIR  OBLIGATION TO DESTROY THOSE RECORDS IN THEIR
POSSESSION.
S 722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
  THE RECORDS OF ANY PROCEEDING IN THE  YOUTH  DIVISION  OF  A  SUPERIOR
COURT  AGAINST A DEFENDANT WHO IS CHARGED IN SUCH COURT WITH ONE OR MORE
YOUTH DIVISION OFFENSES, UNLESS PERMITTED TO PROCEED IN ACCORDANCE  WITH
SECTION  722.40  UPON  A  DETERMINATION MADE PURSUANT TO SECTION 722.30,
SHALL NOT BE OPEN TO  INDISCRIMINATE  PUBLIC  INSPECTION.  HOWEVER,  THE

S. 4489                            13

YOUTH  DIVISION  IN  ITS  DISCRETION  IN  ANY  SUCH  CASE MAY PERMIT THE
INSPECTION OF ANY PAPERS OR RECORDS. ANY DULY AUTHORIZED AGENCY, ASSOCI-
ATION, SOCIETY OR INSTITUTION TO WHICH A DEFENDANT IN  SUCH  A  CASE  IS
COMMITTED  MAY  CAUSE AN INSPECTION OF THE RECORD OF INVESTIGATION TO BE
HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE OR
PART OF SUCH RECORD.
  S 9. Section 725.00 of the criminal procedure law, as amended by chap-
ter 411 of the laws of 1979, is amended to read as follows:
S 725.00 Applicability.
  The provisions of this article apply in any case where a court directs
that an action or charge is to be removed  to  the  family  court  under
section 180.75, 190.71, 210.43, 220.10, 310.85 [or], 330.25 OR 722.30 of
this chapter.
  S 10. Subdivision 1 of section 243 of the executive law, as amended by
section  17  of  part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. The office shall exercise general  supervision  over  the  adminis-
tration  of probation services throughout the state, including probation
in family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT and  shall
collect  statistical  and  other  information  and  make recommendations
regarding the administration of probation services in  the  courts.  The
office  shall  endeavor  to  secure  the  effective  application  of the
probation system and the enforcement of the probation laws and the  laws
relating  to  family  courts  AND  THE YOUTH DIVISIONS OF SUPERIOR COURT
throughout the  state.  After  consultation  with  the  state  probation
commission, the office shall recommend to the commissioner general rules
which  shall  regulate  methods  and  procedure in the administration of
probation services,  including  investigation  of  defendants  prior  to
sentence,  and  children  prior to adjudication, supervision, case work,
record keeping, and accounting, program planning and research so  as  to
secure  the  most  effective application of the probation system and the
most efficient enforcement of the probation laws throughout  the  state.
Such  rules  shall  provide that the probation investigations ordered by
the court in designated  felony  act  cases  under  subdivision  one  of
section  351.1  of  the  family court act shall have priority over other
cases arising under articles three and seven  of  such  act.  When  duly
adopted  by  the  commissioner,  such  rules  shall  be binding upon all
probation officers and when duly adopted shall have the force and effect
of law, but shall not supersede rules that may be  adopted  pursuant  to
the  family  court act. The office shall keep informed as to the work of
all probation officers and shall from time  to  time  inquire  into  and
report upon their conduct and efficiency. The office may investigate the
work  of any probation bureau or probation officer and shall have access
to all records and probation offices. The office may issue subpoenas  to
compel  the  attendance  of  witnesses  or  the  production of books and
papers. The office may administer oaths and examine persons under  oath.
The  office  may recommend to the appropriate authorities the removal of
any probation officer. The office may from time to time publish  reports
regarding  probation  including  probation  in  family courts AND IN THE
YOUTH DIVISIONS OF SUPERIOR COURT, and the operation  of  the  probation
system  including  probation in family courts AND IN THE YOUTH DIVISIONS
OF SUPERIOR COURT, and any other information regarding probation as  the
office  may  determine provided expenditures for such purpose are within
amounts appropriated therefor.

S. 4489                            14

  S 11. Subdivision 3 of section 502 of the executive law, as amended by
section 1 of subpart B of part Q of chapter 58 of the laws of  2011,  is
amended to read as follows:
  3. "Detention" means the temporary care and maintenance of A PRINCIPAL
DESCRIBED  IN  SUBDIVISION FOUR OF SECTION 722.20 OF THE CRIMINAL PROCE-
DURE LAW WHO IS SUBJECT TO A SECURING ORDER PURSUANT TO SUCH LAW  OR  OF
youth  held  away from their homes pursuant to article three or seven of
the family court act, or held pending a hearing for alleged violation of
the conditions of release from an office of children and family services
facility or authorized agency, or held pending  a  hearing  for  alleged
violation  of  the  condition  of parole as a juvenile offender, or held
pending return to a jurisdiction other than the one in which  the  youth
is held, or held pursuant to a securing order of a criminal court if the
youth  named  therein  as principal is charged as a juvenile offender or
held pending a hearing on an extension  of  placement  or  held  pending
transfer  to  a  facility  upon commitment or placement by a court. Only
alleged or convicted juvenile offenders  who  have  not  attained  their
eighteenth birthday shall be subject to detention in a detention facili-
ty.  ONLY  PRINCIPALS DESCRIBED IN SUBDIVISION FOUR OF SECTION 722.20 OF
THE CRIMINAL PROCEDURE LAW WHO HAVE NOT ATTAINED THEIR TWENTIETH  BIRTH-
DAY SHALL BE SUBJECT TO DETENTION IN A DETENTION FACILITY.
  S  12. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN  SPECIALIZED  AREAS
INVOLVING YOUTH INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLES-
CENT  DEVELOPMENT  AND  EFFECTIVE  TREATMENT  METHODS FOR REDUCING CRIME
COMMITTED BY ADOLESCENTS; AND PROVIDING THAT,  AS  REQUIRED  BY  SECTION
722.10 OF THE CRIMINAL PROCEDURE LAW, EACH JUDGE OR JUSTICE WHO PRESIDES
IN THE YOUTH DIVISION OF A SUPERIOR COURT RECEIVE SUCH TRAINING.
  S  13.  The  judiciary  law is amended by adding a new article 21-C to
read as follows:
                              ARTICLE 21-C
                  JUVENILE PROBATION ASSISTANCE PROGRAM
SECTION 849-L. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
        849-M. APPLICATION PROCEDURES.
        849-N. PAYMENT PROCEDURES; AUDITS.
        849-O. ANNUAL REPORT.
  S 849-L. ESTABLISHMENT AND ADMINISTRATION  OF  PROGRAM.  1.  THERE  IS
HEREBY  ESTABLISHED A JUVENILE PROBATION ASSISTANCE PROGRAM, HEREINAFTER
REFERRED TO IN THIS ARTICLE AS THE "PROGRAM",  TO  BE  ADMINISTERED  AND
SUPERVISED UNDER THE DIRECTION OF THE CHIEF ADMINISTRATOR OF THE COURTS,
TO  PROVIDE FUNDS PURSUANT TO THIS ARTICLE TO SUPPORT PROBATION SERVICES
PROVIDED BY POLITICAL SUBDIVISIONS TO YOUTHS UNDER THE AGE OF  EIGHTEEN.
THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES AND REGULATIONS TO EFFEC-
TUATE  THE  PURPOSES  OF THIS SECTION, INCLUDING PROVISIONS FOR PERIODIC
MONITORING AND EVALUATION OF THE  PROGRAM.  EACH  POLITICAL  SUBDIVISION
RECEIVING  FUNDS  PURSUANT  TO  THIS  ARTICLE SHALL COMPLY WITH ALL SUCH
RULES AND REGULATIONS AND WITH ALL PROVISIONS OF THIS ARTICLE.
  2. FUNDS TO BE PROVIDED PURSUANT TO THIS SECTION MAY BE USED  FOR  ANY
PURPOSE  RELATING TO THE DELIVERY OF PROBATION SERVICES IN THE COURTS OF
A POLITICAL SUBDIVISION FOR YOUTHS UNDER THE  AGE OF EIGHTEEN, INCLUDING
THE OPERATIONAL COSTS OF LOCAL PROBATION DEPARTMENTS AND ENHANCED  LOCAL
VOCATIONAL,   EDUCATIONAL   AND  THERAPEUTIC  SERVICES  IN  AID  OF  THE
PROBATION. FUNDS MAY NOT BE USED AS A MEANS OF REDUCING FUNDING  ALREADY
PROVIDED BY A POLITICAL SUBDIVISION FOR THESE PURPOSES.

S. 4489                            15

  S  849-M.  APPLICATION  PROCEDURES.  1.  THE CITY OF NEW YORK AND EACH
COUNTY OUTSIDE SUCH CITY MAY MAKE AN INDIVIDUAL  APPLICATION  FOR  FUNDS
AVAILABLE PURSUANT TO THIS ARTICLE, OR TWO OR MORE SUCH POLITICAL SUBDI-
VISIONS  MAY  MAKE  A JOINT APPLICATION FOR SUCH FUNDS. ALL APPLICATIONS
SHALL BE SUBMITTED TO THE CHIEF ADMINISTRATOR FOR HIS OR HER APPROVAL.
  2.  THE  CHIEF ADMINISTRATOR SHALL REQUIRE THAT APPLICATIONS SUBMITTED
FOR FUNDING PROVIDE SUCH INFORMATION  AS  HE  OR  SHE  DEEMS  NECESSARY,
INCLUDING  AT  LEAST  THE  AMOUNT  OF  FUNDING  SOUGHT  AND  A  DETAILED
DESCRIPTION OF THE PURPOSE OR PURPOSES TO  WHICH  THE  FUNDING  WILL  BE
APPLIED.
  3.  IN DETERMINING WHETHER TO APPROVE AN APPLICATION, THE CHIEF ADMIN-
ISTRATOR SHALL CONSIDER:
  (A) WHETHER THE APPLICANT HAS COMPLIED WITH ALL RULES AND  REGULATIONS
GOVERNING THE PROGRAM AND ALL PERTINENT PROVISIONS OF THIS ARTICLE;
  (B)  THE LIKELY IMPACT OF APPROVING SUCH APPLICATION UPON THE DELIVERY
OF PROBATION SERVICES IN THE COURT OR COURTS OF THE  POLITICAL  SUBDIVI-
SION  OR  SUBDIVISIONS  MAKING  SUCH  APPLICATION,  UPON THE COMMUNITIES
SERVED, AND UPON THE JUDICIARY GENERALLY;
  (C) THE AVAILABILITY OF OTHER SOURCES OF FUNDING TO PAY SOME OR ALL OF
THE COSTS FOR WHICH THE APPLICATION SEEKS FUNDING UNDER THE PROGRAM;
  (D) THE NUMBER AND CONTENT OF ALL OTHER APPLICATIONS FOR FUNDING  THEN
AVAILABLE UNDER THE PROGRAM;
  (E)  THE  EXTENT  OF FUNDING ALREADY RECEIVED UNDER THE PROGRAM BY THE
APPLICANT (OR JOINT APPLICANTS) PURSUANT TO PAST APPLICATIONS; AND
  (F) THE MAGNITUDE OF THE FUNDING APPROPRIATED FOR THE PURPOSES OF THIS
ARTICLE.
  S 849-N. PAYMENT PROCEDURES; AUDITS. 1. UPON APPROVAL OF  AN  APPLICA-
TION,  THE  CHIEF  ADMINISTRATOR,  WITHIN  AVAILABLE APPROPRIATIONS, MAY
AUTHORIZE DISBURSEMENT OF FUNDS IN ANY AMOUNT UP TO THE AMOUNT SOUGHT BY
THE APPLICATION. SUCH DISBURSEMENT MAY BE  BY  ADVANCE  PAYMENT  TO  THE
APPLICANT,  OR APPLICANTS, AS APPROPRIATE, BEFORE IT INCURS THE COST FOR
WHICH ITS APPLICATION SOUGHT FUNDING, BY REIMBURSEMENT TO THE  APPLICANT
AFTER  IT  INCURS  AND PAYS SUCH COSTS IN THE FIRST INSTANCE, OR BY SOME
COMBINATION THEREOF, AS THE CHIEF ADMINISTRATOR DETERMINES IS  APPROPRI-
ATE UNDER THE CIRCUMSTANCES.
  2. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
REPRESENTATIVES  SHALL  HAVE THE POWER TO INSPECT, EXAMINE AND AUDIT THE
FISCAL AFFAIRS OF THE APPLICANT, OR APPLICANTS, TO AN APPROVED  APPLICA-
TION  GRANTED PURSUANT TO THIS SECTION TO THE EXTENT NECESSARY TO DETER-
MINE WHETHER FUNDING RECEIVED UNDER THE PROGRAM HAS BEEN USED IN ACCORD-
ANCE WITH THE PURPOSE OR  PURPOSES  FOR  WHICH  IT  WAS  SOUGHT  IN  THE
APPLICATION,  AND  WHETHER  THERE HAS BEEN COMPLIANCE WITH ALL RULES AND
REGULATIONS GOVERNING THE PROGRAM AND THE PROVISIONS OF THIS ARTICLE.
  3. IN DISCHARGE OF HIS OR HER DUTIES UNDER  THIS  ARTICLE,  THE  CHIEF
ADMINISTRATOR  SHALL  CONSULT,  AS  APPROPRIATE  AND NECESSARY, WITH ANY
AGENCY OF THE STATE, INCLUDING BUT NOT LIMITED TO THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES, THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES, THE OFFICE OF MENTAL HEALTH AND THE EDUCATION DEPARTMENT.
  S  849-O. ANNUAL REPORT. THE CHIEF ADMINISTRATOR SHALL REPORT ANNUALLY
TO THE GOVERNOR AND THE LEGISLATURE REGARDING THE OPERATION AND  SUCCESS
OF THE PROGRAM ESTABLISHED BY THIS ARTICLE.
  S  14.  Subdivision 1 of section 30.00 of the penal law, as amended by
chapter 481 of the laws of 1978, is amended to read as follows:
  1. Except as provided in subdivision two OR TWO-A of this  section,  a
person  less than [sixteen] EIGHTEEN years old is not criminally respon-
sible for conduct.

S. 4489                            16

  S 15. Section 30.00 of the penal law is  amended  by  adding  two  new
subdivisions 2-a and 4 to read as follows:
  2-A.  A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPON-
SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY OFFENSE  AS  PRESCRIBED  IN
SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER OR AN OFFENSE LISTED IN
PARAGRAPH TWO OF SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THIS CHAPTER.
  4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS AT
LEAST  SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME HE
OR SHE IS ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME
IF COMMITTED BY A PERSON AT LEAST EIGHTEEN YEARS OLD SHALL BE SUBJECT TO
THE FILING OF CHARGES AND THE PROSECUTION THEREOF EXCLUSIVELY IN ACCORD-
ANCE WITH THE PROVISIONS OF ARTICLE  SEVEN  HUNDRED  TWENTY-TWO  OF  THE
CRIMINAL PROCEDURE LAW.
  S  16.  (a) On December first immediately following the effective date
of this act, and on December first of each year  thereafter,  the  chief
administrator  of  the  courts, following consultation with the chair of
the senate finance committee, the chair of the assembly ways  and  means
committee  and the director of the division of the budget, shall certify
to the state comptroller, for the city  of  New  York  and  each  county
outside such city: (1) the projected reasonable and appropriate increase
in  local  probation  cost  for such political subdivision on account of
this act in the state fiscal year commencing the preceding April  first,
and  (2)  beginning  December  first  in the calendar year following the
effective date of  this  act,  the  actual  reasonable  and  appropriate
increase  in  local  probation  cost  for  such political subdivision on
account of this act during the state fiscal year  ending  the  preceding
March thirty-first.
  (b)  On  April  thirtieth in each year beginning April thirtieth imme-
diately following the effective date of this act, the chief  administra-
tor, from appropriations available to the judiciary in such fiscal year,
shall  pay to the city of New York and each county outside such city the
amount certified the preceding December first for such political  subdi-
vision  by the chief administrator pursuant to paragraph one of subdivi-
sion (a) of this  section;  provided,  however,  each  April  thirtieth,
beginning April thirtieth of the second calendar year next following the
effective  date  of this act, the amount payable to a political subdivi-
sion pursuant to this subdivision shall be increased by  the  difference
between  (i)  the  amount  certified on the preceding December first for
such political subdivision pursuant to paragraph two of subdivision  (a)
of  this  section and (ii) the amount certified on December first of the
year prior thereto for such political subdivision pursuant to  paragraph
one  of subdivision (a) of this section, where (i) is greater than (ii),
or decreased by the difference between (i) and (ii), where (i)  is  less
than (ii).
  S  17.  This act shall take effect on the first day of November in the
second year following the date on which it shall have become a  law  and
shall  apply  to  all  arrests  made  and  all  actions  and proceedings
commenced on or after such effective date;  provided,  however,  at  any
time on or after the date on which this act shall have become a law, the
commissioner  of  the  division  of  criminal justice services, upon the
recommendation of the office of probation and correctional alternatives,
may promulgate such rules and regulations as may be necessary to  enable
implementation  of  this  act  on  its effective date and such rules and
regulations shall take effect on such date as the  commissioner  of  the
division of criminal justice services shall prescribe.

Co-Sponsors

S4489A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7553A
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.10, 1.20, 160.10, 160.20 & 725.00, add Art 155 §§155.00 - 155.20 & Art 722 §§722.00 - 722.60, CP L; amd §§243 & 502, Exec L; amd §212, add Art 21-C §§849-l - 849-o, Judy L; amd §30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7394, A10257

S4489A (ACTIVE) - Bill Texts

view summary

Relates to the age of criminal responsibility.

view sponsor memo
BILL NUMBER:S4489A

TITLE OF BILL: An act to amend the criminal procedure law, the
executive law, the judiciary law and the penal law, in relation to the
age of criminal responsibility

This measure is being introduced at the request of the Chief Judge of
the State.

This measure seeks to secure better outcomes in the justice system for
youth aged 16 or 17 who axe accused of non-violent crimes. Lieu York
has long provided that teenagers become criminally responsible for
their actions at age 16. With limited exceptions - for 13, 14 and 15
year olds who commit the most serious offenses - a person younger than
16 who is apprehended for committing an act that would be criminal if
committed by an adult is brought to Family Court, where efforts are
made, through the involvement of social service agencies and other
community resources, to address the dysfunction underlying the
person's behavior without exposing him or her to formal prosecution
and punishment. Even where those efforts are unavailing, the ultimate
sanctions for a person then held responsible for his or her offense
are designed to stress treatment, rehabilitation and the aim of
effective reintegration into the community. Hence, no criminal record
can result, the needs of the person are paramount, incarceretive
placements are subject to an overarching direction that they be the
least restrictive option available and records of any court
proceedings axe sealed. In short, all emphasis is upon salvaging a
young person - helping him or her to get past anti-social behavior and
move on to a productive life.

None dispute the wisdom of this model. Indeed, many responsible people
in the community now seriously question whether the State should
expand it in some fashion to include slightly older teenagers. New
York is today one of only two states in the Nation that prosecute
16-year olds as adult criminals. In contrast, 37 states and the
District of Columbia set their respective ages of criminal responsibly
at 18; 11 states set their's at 17; and the one state that shares New
York's distinction as a hold-out for criminal prosecution of 16-year
olds, North Carolina, has begun a process leading toward increasing
its age of criminal responsibility to 18.

That the rest of the Nation has gone or is going down the path of
using alternatives to the adult criminal justice system to deal with
young offenders should be of little surprise. Statistically, it is
sadly evident that older adolescents who face punishment in adult
criminal courts have higher recidivism rates, re-offend sooner, and go
on to commit violent crimes and felony property crimes at a higher
rate than their younger brothers and sisters whose offenses are
adjudicated through a juvenile justice model. See Fagan, 1. 'The
Comparative Impacts of Juvenile and Criminal Court Sanctions On
Adolescent Felony Offenders" Law and Policy 16{1): 77-119 (1996).
Moreover, there is ample research concerning brain development in
adolescents and their greater receptivety to corrective therapies and
treatments to show that a juvenile justice model or some variation
thereof, if applied to them when they offend, is likely to result in
better outcomes - for the community and for the adolescent offender.


All this said, New York may not yet be ready for full embrace of a
juvenile justice model for the disposition of crime perpetrated by 16-
and 1-year old offenders. There are institutional costs that stand in
the way, as well as ingrained public attitudes. Indeed, there is no
community consensus that, however different these offenders may be
from older offenders .and however troubling it may be to prosecute
them as adults, expanding the juvenile justice model to them is the
right path to follow for them. Accordingly, this measure offers a
somewhat different approach.

At heart, this measure is an effort to balance two concerns. A concern
for protecting the community against teen crime and against the
teenager who, over time, becomes a repeat offender with a concern that
the current means employed to deal with teen crime - i.e., prosecution
and punishment through the adult criminal justice system - may
ultimately do far more harm to the teen and to his or her community
than good. We believe that, as currently constituted, neither the
adult criminal justice system nor the juvenile Family Court system
offers an effective means by which to strike this balance.
Accordingly, we propose this measure as a new approach to the handling
of crime perpetrated by teenagers too old to be considered children
but not old enough to be considered full adult's. This new approach,
which will incorporate greater efforts to get troubled 16- and 17-year
olds the medical, substance abuse and educational attention and
assistance they need will be centered about a new judicial forum. This
forum will blend features of both adult and juvenile justice systems -
applying tools and procedures of each to various phases of court
proceedings against teen offenders in a manner best calculated to
ensure public safety and offender accountability while gearing
community response to teen crime to methodologies most likely to help
teens counter their anti-social behaviors and reduce their likelihood
of recidivism.

THE YOUTH DIVISION OF SUPERIOR COURT

Under this measure, judicial proceedings against 16- and 17-year-old
offenders would remain in criminal court, albeit in a special part of
criminal court to be known as the Youth Division of superior court.
The Youth Division would sit in Supreme Court, Criminal Term, in New
York City and in County Court (and, occasionally, in Supreme Court) in
counties outside the City. IL would be presided over by judges and
justices specialty trained in the issues of adolescent development,
child psychology and therapeutic approaches to child pathology and
juvenile crime.

ADJUSTMENT BY PROBATION

Under this measure, where a person is arrested for allegedly
committing a nonviolent crime while 16 or 17 years old, the arresting
officer may give him or her a special appearance ticket that directs
the person to report to the local probation department at a specified
date. On that return date, the probation department will attempt to
adjust the case against the teen offender - in the same manner that it
would attempt to adjust a case against an alleged juvenile delinquent
in Family Court. If the probation department succeeds, no criminal
charges will be filed against the teen, fingerprints will be destroyed
and all other records pertaining to the arrest will be sealed. If the


probation department is unable to adjust the case, it will be reported
to the local District Attorney who may then bring criminal charges
against the teen in the Youth Division. If the teen fails to report to
probation as directed in the special appearance ticket, or if the
arresting officer determines not to issue such a ticket and instead
chooses to take the teen into custody, then, once the teen is brought
into the Youth Division*, the court will decide whether or not to
refer the case to the probation department for adjustment. Where it
does not do so, the District Attorney may then bring criminal charges
against the teen.

Recognizing that this measure will occasion greater costs for local
probation departments around the State and, to assure maximum
effectiveness, require greater spending on the kinds of services
needed to help teen offenders, the measure provides that its costs
will be underwritten by the Judiciary: (1) by direct reimbursement cf
localities for their probation outlays on account of this measure, and
(2) through establishment of a juvenile Probation Assistance Program,
or "JRAP", by which the courts, following the model of the enormously
successful Justice Court Assistance Program, can Provide limited State
aid to counties and NYC by which those localities can expand programs
providing substance abuse, educational, occupational, etc., services
so that the adjustment model promoted in this measure can have a real
chance at success.

PROSECUTION IN THE YOUTH DIVISION

If efforts at adjustment fail, or if the Youth Division determines
that such efforts are not suitable in a particular case, then the
District Attorney may file an accusatory instrument with the Youth
Division to commence a criminal action against the teen offender. In
such case, prosecution against him or her will proceed as it would in
any other adult criminal prosecution. All provisions of the Criminal
Procedure Law that would secularly apply to such a prosecution will
apply. At this stage of the proceedings, the teen offender will stand
in the shoes of any other adult accused of crime.

PLACEMENT, NOT SENTENCE

If, after trial, the teen offender is exonerated, the case against him
or her ends. All records will be sealed as provided in CPL 160.50.
If, however, the teen offender either pleads guilty exclusively to one
or more non-violent crimes in satisfaction of the charges against him
or her, or he or she is found guilty by verdict exclusively of one or
more nonviolent crimes, then the Youth Division, in lieu of a CPL
sentencing, is to conduct a dispositional hearing on the model of the
dispositional hearing prescribed by the Family Court Act for persons
who have been found to be juvenile delinquents. At this hearing, the
Youth Division will have available all of the dispOsitional options
that a Family Court Judge would have available when rendering a
juvenile delinquency disposition and be guided by the Family Court Act
directive that, in choosing an option, the court "shall consider the
needs and best interests of the (defendant) as well as the need for
protection of the community." See PCA f 352.2. Whatever disposition
the Youth Division decides upon, the affected teenager will not have a
criminal record and the records of his or her offense(s) will be
sealed from public. view.


SUMMARY: This measure proposes a more comprehensive solution to
certain types of crime perpetrated by an in-between class of
offenders: 16- and 17-year olds, who are not quite yet adults but no
longer children. I.:any believe that, given the volume of their
-nonviolent crimes alone committed by this group number more than
40,000 annually - and the fact that they are not young, perhaps more
pliable, teenagers dictates that their malfeasance be subject to
correction in the adult criminal justice system. But this view ignores
considerable research indicating that this group is more receptive to
medical, social and other forms of intervention and treatment than
older offenders; and far more likely to avoid re-offense and an
escalating life of crime if given such intervention and treatment than
if they were sentenced under current provisions of the Penal Law.

For this very reason, many others believe that 16- and 17-year olds
should be routed through the juvenile justice system, where they can
receive services and avoid the stigma of criminal conviction. They
also point to the fact that many states have raised their age of
criminal responsibility and taken matters involving juveniles outside
of the adult criminal justice system. Indeed, even avowedly "tough on
crime" states like Texas, Georgia and Mississippi have successfully
raised the age of criminal responsibility. Similarly, Illinois, which,
like New York, also has large urban centers, raised its age by a
phase-in process and more recently, New York's neighbor, Connecticut,
increased the age as well. But this view ignores common public fears
concerning teenage crime and official concern for the impact of
transferring tens of thou- sands of cases to already overburdened
Family Courts.

Accordingly, our objective in this measure is :lb apply the most
appropriate aspects of the two systems and meld them into a new, more
flexible arrangement that is better suited to the circumstances. In
the adjustment Process it authorizes, the measure provides an
opportunity for many teenage offenders to act the attention and
treatment they need and to truly get at the heart of the problems
underlying their criminal behavior. By establishing a Youth Division
with specially-trained judges, to preside over criminal prosecution of
ail 16- and 17-year old offenders, the measure ensures that these
prosecutions will be overseen by criminal court judges arid, among
them, only those most knowledgeable and experienced concerning teenage
crime. And, by requiring that such prosecutions be conducted in
accordance with the Criminal Procedure Law, the measure sends the
community a message that, when Perpetrated by these offenders,
criminal conduct ought to be adjudicated in accordance with the same
standards that are applied to the prosecution of adult offenders.
Finally, by substituting a Family Court-like dispositional process for
adult criminal sentencing, and forgiving teenage offenders of a
criminal record, the measure reflects the practical realization,
reached by most other states in the Ma:ion, that a juvenile justice
approach in response to proven teenage crime is much more likely to be
effective in protecting the community and correcting the pathologies
that produce teenage crime than the current adult penological
approach.

This act will take effect November first in the second year following
its enactment.


LEGISLATIVE HISTORY: None. New proposal.

*All court activity involving a person who is arrested for allegedly
committing a non-violent crime while 16 or 17 years old is to take
place in the Youth Division Only where that court is not in session,
i. e., at night and or weekends, may a local criminal court arraign
such a person In such event, however, unless the local criminal court
chooses to dismiss the case altogether pursuant to law, it muss then
send the case directly to the Youth Division on the next day that the
Youth Division is in session.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4489--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by Sens. NOZZOLIO, GRISANTI, HASSELL-THOMPSON -- (at request
  of the Office of Court  Administration)  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal procedure law, the executive law, the judi-
  ciary law and the penal law,  in  relation  to  the  age  of  criminal
  responsibility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  (a)  The  legislature  finds  and
declares  that,  each  year,  roughly  40,000  youths aged 16 and 17 are
arrested in New York and prosecuted as adults in  its  criminal  courts,
overwhelmingly  for  non-felony  offenses. As many studies over the past
decade have shown, however, the adult criminal justice system  does  not
effectively  respond  to  teenage  criminal  behavior.  It is costly and
largely ill-suited to the challenges such crime  presents.  Accordingly,
this  measure  aims to provide a distinctly new, more effective response
to teenage criminal behavior.
  Modern behavioral neuroscience confirms that the brains  of  teenagers
are  not  yet  matured;  they  lack impulse control and can neither make
fully-reasoned judgments nor weigh the risks and consequences  of  their
behavior.  It is now understood that teenage offenders should be treated
differently from older criminals  because  their  offenses  are  not  as
"morally  reprehensible  as that of an adult." Moreover, as other states
nationwide have learned, and as the legislature now recognizes,  teenag-
ers  are better candidates for rehabilitation and more likely to benefit
from alternatives-to-incarceration programs and locally-based  services.
Experience  in  other  states  has  shown  that recidivism among teenage
offenders drops markedly when the latter are  treated  with  appropriate
intervention  programs  and  services designed for teenagers rather than

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08997-02-3

S. 4489--A                          2

with adult criminal sanctions. Indeed, where such programs and  services
are  utilized, all involved can benefit: the affected teenagers, many of
whom can thereby be steered away from a life of crime, and  the  public,
which,  where  these  programs  and  services succeed, can be spared the
consequences and costs of such a life upon the community.
  This is not to say that 16- and 17-year-old offenders who commit seri-
ous offenses should not be held responsible  for  their  actions.  While
they  may  not  be  adults  with  fully mature minds, they should not be
entirely relieved of  the  potentially  serious  consequences  of  their
behavior.    Echoing this view, the United States Supreme Court has held
that, even while young offenders ought not be  held  to  adult  criminal
justice  penalties,  they are not to be altogether absolved of responsi-
bility for their actions.
  After considering the options available,  the  legislature  finds  and
declares that, at the present time and given present resources, the most
effective  way  of balancing the limits and needs of non-violent 16- and
17-year-old offenders with  community  needs  and  relevant  penological
considerations  is  to  decriminalize  their offenses and to establish a
specialized forum within the state's  superior  courts  in  which  those
offenses  may  be  addressed,  a  forum that blends features of criminal
court and family court in a  youth  division  of  adult  criminal  court
presided  over  by  judges  specially trained in adolescent development,
child psychology and therapeutic approaches to child pathology and juve-
nile crime. In such fashion, young offenders can  be  afforded  benefits
ideally  suited  to  their youth and developmental status, benefits that
are an integral aspect of  juvenile  delinquency  proceedings  to  which
younger  offenders  are  subject in family court. These benefits include
ensuring that 16- and 17-year-old offenders will not be stigmatized with
criminal convictions and helping them confront the problems giving  rise
to their offenses with programmatic intervention outside the traditional
criminal  justice  environment.   This measure would establish the youth
division of superior court and prescribe the special  procedures  neces-
sary to its operation.
  (b)  Recognizing the difficulties already experienced by local govern-
ments in meeting the needs of effective criminal  and  juvenile  justice
systems,  the  legislature  further  finds  and  declares that it is the
purpose of this act to reform the state's system for  handling  16-  and
17-year-old  offenders  without  imposing  any additional fiscal burdens
upon county and city governments.
  S 2. Subdivision 1 of section 1.10 of the criminal  procedure  law  is
amended to read as follows:
  1.  The provisions of this chapter apply exclusively to:
  (a)   All criminal actions and proceedings commenced upon or after the
effective  date  thereof  and  all  appeals  and   other   post-judgment
proceedings relating or attaching thereto; [and]
  (b)    All  matters  of  criminal procedure prescribed in this chapter
which do not constitute a part of any particular action or case,  occur-
ring upon or after such effective date; AND
  (C)  ALL  ACTIONS  AND  PROCEEDINGS COMMENCED PURSUANT TO THIS CHAPTER
AGAINST PERSONS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO ARE NOT CRIMINALLY
RESPONSIBLE FOR THE OFFENSES CHARGED IN SUCH ACTIONS AND PROCEEDINGS.
  S 3. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 to read as follows:
  44. "YOUTH DIVISION OFFENSE" MEANS A FELONY OR MISDEMEANOR, OTHER THAN
A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION  70.02
OF  THE  PENAL LAW OR ANY OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION

S. 4489--A                          3

EIGHTEEN OF SECTION 10.00 OF SUCH LAW, WHERE SUCH PERSON  WAS  AT  LEAST
SIXTEEN  YEARS  OLD  AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF THE
ALLEGED OFFENSE.
  S 4. The criminal procedure law is amended by adding a new article 155
to read as follows:
                               ARTICLE 155
             ARREST OF PERSONS AGED SIXTEEN OR SEVENTEEN AT
                    THE TIME THE OFFENSE IS COMMITTED
SECTION 155.00 APPLICABILITY.
        155.10 PROCEDURES UPON ARREST.
        155.20 SPECIAL APPEARANCE TICKET.
S 155.00 APPLICABILITY.
  THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO THE ARREST BY AN OFFICER
OF  A PERSON FOR A YOUTH DIVISION OFFENSE. FOR PURPOSES OF THIS ARTICLE,
THE WORD "OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER.
S 155.10 PROCEDURES UPON ARREST.
  1. UPON THE ARREST OF A PERSON  FOR  A  YOUTH  DIVISION  OFFENSE,  THE
ARRESTING  OFFICER  MUST  IMMEDIATELY  NOTIFY THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S CARE OR, IF  SUCH  LEGALLY
RESPONSIBLE  PERSON  IS  UNAVAILABLE,  THE PERSON WITH WHOM THE ARRESTED
PERSON RESIDES, OF THE ARREST.  AFTER  MAKING  A  REASONABLE  EFFORT  TO
PROVIDE SUCH NOTIFICATION, THE OFFICER MUST:
  (A) RELEASE THE ARRESTED PERSON TO THE CUSTODY OF HIS OR HER PARENT OR
OTHER  PERSON  LEGALLY RESPONSIBLE FOR HIS OR HER CARE UPON THE ISSUANCE
OF A SPECIAL APPEARANCE TICKET IN ACCORDANCE WITH SECTION 155.20 TO  THE
ARRESTED PERSON WITH A COPY THEREOF TO THE PERSON TO WHOSE CUSTODY HE OR
SHE IS RELEASED; OR
  (B)  WHERE EFFORTS TO REACH A PARENT OR OTHER PERSON LEGALLY RESPONSI-
BLE FOR THE ARRESTED PERSON'S CARE HAVE BEEN UNSUCCESSFUL,  RELEASE  THE
ARRESTED  PERSON  UPON  THE  ISSUANCE OF A SPECIAL APPEARANCE TICKET, IN
WHICH EVENT THE OFFICER SHALL MAIL A COPY  OF  SUCH  APPEARANCE  TICKET,
WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE, TO SUCH PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE; OR
  (C)  WITHOUT  UNNECESSARY  DELAY, TAKE THE ARRESTED PERSON DIRECTLY TO
THE YOUTH DIVISION OF SUPERIOR COURT IN THE COUNTY IN WHICH THE  ALLEGED
OFFENSE WAS COMMITTED UNLESS THE OFFICER DETERMINES THAT IT IS NECESSARY
TO  QUESTION THE ARRESTED PERSON, IN WHICH CASE THE OFFICER MAY TAKE HIM
OR HER TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT
OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  CARE  OF  THE
ARRESTED  PERSON,  TO THE ARRESTED PERSON'S RESIDENCE AND THERE QUESTION
HIM OR HER FOR A REASONABLE PERIOD OF TIME.
NOTWITHSTANDING THE FOREGOING, WHERE IT APPEARS THAT THE ARRESTED PERSON
IS A SEXUALLY-EXPLOITED CHILD UNDER THE AGE OF EIGHTEEN  AS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, THE ARRESTING OFFICER SHALL TAKE THE ARRESTED PERSON TO AN
AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF SUCH PERSON CONSENTS TO  BE
TAKEN.
  2. AN ARRESTED PERSON SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION
UNLESS  HE  OR SHE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS
SECTION, IF PRESENT, HAVE BEEN ADVISED OF THE ARRESTED PERSON'S RIGHT TO
REMAIN SILENT, THAT ANY STATEMENTS MADE BY THE ARRESTED PERSON COULD  BE
USED  IN  A COURT OF LAW, THAT THE ARRESTED PERSON HAS THE RIGHT TO HAVE
AN ATTORNEY PRESENT AT SUCH QUESTIONING, AND THAT IF THE ARRESTED PERSON
CANNOT AFFORD AN ATTORNEY, ONE WILL  BE  PROVIDED  FREE  OF  CHARGE.  IN
DETERMINING  WHETHER  THE  ARRESTED  PERSON  KNOWINGLY AND INTELLIGENTLY

S. 4489--A                          4

WAIVED ANY OF THESE RIGHTS, A COURT MAY CONSIDER, AMONG  OTHER  RELEVANT
FACTORS,  THE  ARRESTED  PERSON'S AGE, THE PRESENCE OR ABSENCE OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER  CARE  AND
WHETHER  THERE  HAS BEEN NOTIFICATION OF THE PERSON REQUIRED TO BE NOTI-
FIED PURSUANT TO THIS SECTION.
S 155.20 SPECIAL APPEARANCE TICKET.
  1. DEFINITION, FORM AND CONTENT. A  SPECIAL  APPEARANCE  TICKET  IS  A
WRITTEN NOTICE ISSUED AND SUBSCRIBED BY AN OFFICER OR OTHER PUBLIC SERV-
ANT  AUTHORIZED  BY  STATE  LAW  OR  LOCAL  LAW  ENACTED PURSUANT TO THE
PROVISIONS OF THE MUNICIPAL HOME RULE LAW TO ISSUE THE SAME, DIRECTING A
DESIGNATED PERSON TO APPEAR AT THE PROBATION SERVICE FOR THE  COUNTY  IN
WHICH THE OFFENSE OR OFFENSES FOR WHICH THE SPECIAL APPEARANCE TICKET IS
ISSUED  WERE  ALLEGEDLY COMMITTED. A SPECIAL APPEARANCE TICKET, THE FORM
OF WHICH SHALL BE PRESCRIBED BY RULES OF THE CHIEF ADMINISTRATOR OF  THE
COURTS,  IS  NOT AN APPEARANCE TICKET AS PROVIDED IN ARTICLE ONE HUNDRED
FIFTY AND THE PROVISIONS OF SUCH ARTICLE DO NOT APPLY TO IT.
  2. WHEN AND BY WHOM ISSUED. WHENEVER AN OFFICER  MAKES  AN  ARREST  TO
WHICH  THIS ARTICLE APPLIES, SUCH OFFICER MAY, SUBJECT TO THE PROVISIONS
OF THIS ARTICLE, ISSUE AND SERVE A SPECIAL APPEARANCE  TICKET  UPON  THE
ARRESTED PERSON.
  3.  FILING  WITH  THE  PROBATION SERVICE. WHENEVER AN OFFICER ISSUES A
SPECIAL APPEARANCE TICKET PURSUANT TO THIS ARTICLE, HE  OR  SHE,  WITHIN
TWENTY-FOUR  HOURS,  MUST  FILE  OR  CAUSE  TO  BE FILED A COPY WITH THE
PROBATION SERVICE TO WHICH THE SPECIAL APPEARANCE TICKET  IS  RETURNABLE
AND  SHALL  FORWARD  A COPY TO THE COMPLAINANT AND THE ARRESTED PERSON'S
PARENT.
  4. FAILURE TO APPEAR AT THE PROBATION SERVICE. IF, AFTER  RECEIVING  A
SPECIAL  APPEARANCE  TICKET,  A  PERSON FAILS TO APPEAR AT THE PROBATION
SERVICE AT THE TIME SUCH SPECIAL APPEARANCE TICKET IS RETURNABLE, OR  IF
THE  COMPLAINANT  WHO  RECEIVED A COPY OF SUCH SPECIAL APPEARANCE TICKET
FAILS TO APPEAR AT SUCH TIME,  THE  PROBATION  SERVICE  MAY  ATTEMPT  TO
SECURE  THE  ATTENDANCE OF SUCH PERSON OR SUCH COMPLAINANT, AS APPROPRI-
ATE, THROUGH WRITTEN, TELEPHONIC OR  ELECTRONIC  NOTIFICATION.  IF  SUCH
NOTIFICATION IS UNSUCCESSFUL, OR IF NO EFFORTS AT NOTIFICATION ARE MADE,
THE  PROBATION SERVICE, NOT LATER THAN SEVEN DAYS FOLLOWING THE TIME THE
SPECIAL APPEARANCE TICKET  WAS  RETURNABLE,  MUST  NOTIFY  THE  DISTRICT
ATTORNEY  WHO  MAY THEREUPON TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE,
IN HIS OR HER DISCRETION, THE FILING OF AN  ACCUSATORY  INSTRUMENT  WITH
THE YOUTH DIVISION OF THE SUPERIOR COURT. UPON SUCH FILING OF AN ACCUSA-
TORY  INSTRUMENT, THE YOUTH DIVISION MAY ISSUE A SUMMONS OR A WARRANT OF
ARREST TO COMPEL THE ATTENDANCE OF THE PERSON WHO RECEIVED  THE  SPECIAL
APPEARANCE  TICKET  BEFORE THE COURT AND, WHERE IT DOES SO AND WHERE THE
PERSON FAILED TO APPEAR AT  THE  PROBATION  SERVICE  AT  THE  TIME  SUCH
SPECIAL  APPEARANCE  TICKET  WAS  RETURNABLE,  THE  YOUTH DIVISION SHALL
REQUIRE THAT A REPORT BE MADE TO THE YOUTH DIVISION WITHIN  THIRTY  DAYS
ON  THE  EFFORTS  MADE  TO SECURE SUCH ATTENDANCE.  UPON RECEIPT OF SUCH
REPORT, THE COURT SHALL  NOTIFY  THE  PARENT  OR  OTHER  PERSON  LEGALLY
RESPONSIBLE FOR CARE OF THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT
OR,  IF  SUCH LEGALLY RESPONSIBLE PERSON IS NOT AVAILABLE, A PERSON WITH
WHOM THE PERSON CHARGED  IN  SUCH  ACCUSATORY  INSTRUMENT  RESIDES,  AND
REQUEST  THAT  SUCH  PERSON  OR  OTHER LEGALLY RESPONSIBLE PERSON APPEAR
BEFORE THE COURT.
  S 5. Section 160.10 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. THE PROVISIONS OF PARAGRAPHS (B) THROUGH (D) OF  SUBDIVISION  ONE
OF  THIS  SECTION SHALL NOT APPLY WHERE THE ARRESTED PERSON OR DEFENDANT

S. 4489--A                          5

WAS SIXTEEN OR SEVENTEEN YEARS  OF  AGE  AT  THE  TIME  OF  THE  ALLEGED
OFFENSE.
  S 6. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S 160.20 Fingerprinting; forwarding of fingerprints.
  1.  Upon the taking of fingerprints of an arrested person or defendant
as prescribed in section 160.10, the appropriate police officer or agen-
cy must without unnecessary delay forward two  copies  of  such  finger-
prints to the division of criminal justice services.
  2.  (A)  UPON RECEIPT OF FINGERPRINTS TAKEN PURSUANT TO SECTION 160.10
WHERE THE PERSON FROM WHOM THEY WERE  TAKEN  WAS  SIXTEEN  OR  SEVENTEEN
YEARS  OF  AGE  AT  THE  TIME OF THE ALLEGED OFFENSE OR OFFENSES, ALL OF
WHICH ARE YOUTH DIVISION OFFENSES,  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  RETAIN  SUCH  FINGERPRINTS DISTINCTLY IDENTIFIABLE FROM
ADULT CRIMINAL RECORDS EXCEPT AS PROVIDED IN SECTION 722.50,  AND  SHALL
NOT  RELEASE  SUCH FINGERPRINTS TO A FEDERAL DEPOSITORY OR TO ANY PERSON
EXCEPT AS AUTHORIZED BY THIS CHAPTER. THE COMMISSIONER OF  THE  DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE REGULATIONS TO PROTECT THE
CONFIDENTIALITY  OF  SUCH  FINGERPRINTS  AND  RELATED INFORMATION AND TO
PREVENT ACCESS THERETO, BY, AND THE DISTRIBUTION THEREOF TO, PERSONS NOT
AUTHORIZED BY LAW.
  (B) UPON RECEIPT  OF  SUCH  FINGERPRINTS,  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES SHALL CLASSIFY THEM AND SEARCH ITS RECORDS FOR INFORMA-
TION  CONCERNING A PREVIOUS RECORD OF THE PERSON ARRESTED, INCLUDING ANY
FAMILY COURT  ADJUDICATION  OR  PENDING  MATTER  INVOLVING  SUCH  PERSON
ARRESTED. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY TRAN-
SMIT TO SUCH FORWARDING OFFICER OR AGENCY A REPORT CONTAINING ANY INFOR-
MATION  ON  FILE WITH RESPECT TO SUCH PERSON'S PREVIOUS RECORD OR FAMILY
COURT ADJUDICATIONS AND PENDING MATTERS OR A  REPORT  STATING  THAT  THE
PERSON ARRESTED HAS NO PREVIOUS RECORD ACCORDING TO ITS FILES.  NOTWITH-
STANDING  THE FOREGOING, WHERE THE DIVISION OF CRIMINAL JUSTICE SERVICES
HAS NOT RECEIVED DISPOSITION INFORMATION WITHIN TWO YEARS OF AN  ARREST,
IT  SHALL,  UNTIL  SUCH  INFORMATION OR UP-TO-DATE STATUS INFORMATION IS
RECEIVED, WITHHOLD THE RECORD OF THAT ARREST AND ANY RELATED ACTIVITY IN
DISSEMINATING CRIMINAL HISTORY INFORMATION.
  S 7. The criminal procedure law is amended by adding a new article 722
to read as follows:
                               ARTICLE 722
           PROCEEDINGS AGAINST SIXTEEN AND SEVENTEEN YEAR OLDS
   AND CERTAIN OTHER INDIVIDUALS; ESTABLISHMENT OF YOUTH DIVISION AND
                           RELATED PROCEDURES
SECTION 722.00 ADJUSTMENT BY PROBATION SERVICE.
        722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
        722.20 YOUTH DIVISION; PROCEDURES PRIOR TO  A  DETERMINATION  OF
                 GUILT.
        722.30 YOUTH  DIVISION;  SPECIAL  PROCEDURES FOLLOWED IN CERTAIN
                 PROCEEDINGS AGAINST CERTAIN OFFENDERS; REMOVAL TO FAMI-
                 LY COURT.
        722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING  A  DETERMI-
                 NATION OF GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR
                 SEVENTEEN YEARS OLD AT THE TIME OF OFFENSE.
        722.50 YOUTH  DIVISION;  DISPOSITION OF RECORDS UPON TERMINATION
                 OF ACTIONS OR PROCEEDINGS.
        722.60 YOUTH DIVISION; PRIVACY OF RECORDS.
S 722.00 ADJUSTMENT BY PROBATION SERVICE.

S. 4489--A                          6

  1. THE PROBATION SERVICE SHALL MAKE ALL REASONABLE EFFORTS  TO  ADJUST
ANY OFFENSE FOR WHICH A PERSON HAS BEEN ARRESTED:
  (A)  UPON  THE APPEARANCE OF SUCH PERSON BEFORE SUCH PROBATION SERVICE
IN COMPLIANCE WITH A SPECIAL APPEARANCE TICKET ISSUED PURSUANT TO  ARTI-
CLE ONE HUNDRED FIFTY-FIVE; OR
  (B)  PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT WHERE SUCH PERSON
WAS ARRESTED FOR A YOUTH DIVISION OFFENSE, AND (I) NO SPECIAL APPEARANCE
TICKET WAS ISSUED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OR  (II)  A
SPECIAL  APPEARANCE TICKET WAS ISSUED BUT THE PERSON FAILED TO APPEAR AT
THE PROBATION SERVICE WHEN REQUIRED TO DO SO; OR
  (C) AS ORDERED BY THE COURT.
  NOTHING IN THIS SECTION SHALL PREVENT THE COMPLAINANT FROM  REQUESTING
THAT  THE  DISTRICT ATTORNEY COMMENCE A CRIMINAL ACTION AGAINST A PERSON
WHO HAS BEEN ARRESTED FOR  AN  OFFENSE  OR  OFFENSES  THAT  A  PROBATION
SERVICE  IS  ATTEMPTING  TO  ADJUST  PURSUANT TO THIS SECTION WHILE SUCH
EFFORTS TO ADJUST ARE ONGOING.
  2. (A) IN PURSUIT OF SUCH  ADJUSTMENT,  THE  PROBATION  SERVICE  SHALL
CONFER  WITH  THE ARRESTED PERSON; HIS OR HER PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE; THE COMPLAIN-
ANT; AND ANY OTHER INTERESTED PERSONS. THE PROBATION  SERVICE  ALSO  MAY
DIRECT  THE ARRESTED PERSON TO COMPLY WITH CERTAIN CONDITIONS (WHICH MAY
INCLUDE RESTITUTION OR REPARATION, IF APPROPRIATE)  AND  PARTICIPATE  IN
DESIGNATED  PROGRAMS.  IF, FOLLOWING SUCH EFFORTS, THE PROBATION SERVICE
DETERMINES THAT THE OFFENSE OR OFFENSES FOR WHICH SUCH PERSON  HAS  BEEN
ARRESTED  SHOULD  BE  ADJUSTED,  THE PROBATION SERVICE SHALL ADJUST SUCH
OFFENSE OR OFFENSES AND SHALL SO NOTIFY THE ARRESTED PERSON, HIS OR  HER
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
ARRESTED  PERSON'S  CARE, THE COMPLAINANT, THE DISTRICT ATTORNEY AND THE
CLERK OF THE YOUTH DIVISION. UPON ADJUSTMENT OF AN OFFENSE HEREUNDER, NO
FURTHER ACTION MAY BE TAKEN AGAINST  THE  ARRESTED  PERSON  INVOLVED  IN
RELATION TO SUCH OFFENSE OR OFFENSES PURSUANT TO THIS CHAPTER.
  (B)  THE  FACT  THAT  A  PERSON  IS  DETAINED  SHALL  NOT PROHIBIT THE
PROBATION SERVICE FROM ADJUSTING AN OFFENSE OR OFFENSES FOR  WHICH  SUCH
PERSON WAS ARRESTED.
  3.  (A)  FOLLOWING  EFFORTS  TO  ADJUST A CRIMINAL OFFENSE OR OFFENSES
UNDER THIS SECTION, WHICH SHALL NOT TAKE LONGER THAN TWO MONTHS  WITHOUT
COURT PERMISSION (OR SUCH GREATER PERIOD AS THE COURT MAY PERMIT, NOT TO
EXCEED AN ADDITIONAL TWO MONTHS), THE PROBATION SERVICE MUST:
  (I)  ADJUST  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES, IN WHICH EVENT THE
PROBATION SERVICE MUST SO NOTIFY THE DISTRICT ATTORNEY, THE YOUTH  DIVI-
SION,  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
EACH APPROPRIATE POLICE DEPARTMENT  AND  OTHER  LAW  ENFORCEMENT  AGENCY
WHEREUPON  THEY SHALL SEAL ALL RECORDS OF THE ARREST FOR SUCH OFFENSE OR
OFFENSES, AND DESTROY ANY PALMPRINTS OR FINGERPRINTS IN THEIR POSSESSION
OR CONTROL THAT WERE TAKEN FROM THE PERSON  WHOSE  OFFENSE  OR  OFFENSES
WERE  ADJUSTED WHEN HE OR SHE WAS ARRESTED FOR SUCH OFFENSE OR OFFENSES;
OR
  (II) NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PROBATION
SERVICE IS LOCATED, WITHIN FORTY-EIGHT HOURS  OR  THE  NEXT  COURT  DAY,
WHICHEVER  IS  LATER,  THAT  EFFORTS  TO ADJUST SUCH CRIMINAL OFFENSE OR
OFFENSES HAVE FAILED. UPON RECEIPT OF SUCH  NOTIFICATION,  THE  DISTRICT
ATTORNEY  MAY  TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, IN HIS OR HER
DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH THE YOUTH  DIVI-
SION.
  (B)  WHERE  THE  PROBATION SERVICE ADJUSTS THE OFFENSE OR OFFENSES FOR
WHICH A PERSON HAS BEEN ARRESTED PURSUANT TO SUBPARAGRAPH (I)  OF  PARA-

S. 4489--A                          7

GRAPH  (A) OF THIS SUBDIVISION, AND SUCH PERSON IS DETAINED AT THE TIME,
THE PROBATION SERVICE SHALL NOTIFY THE FACILITY IN WHICH SUCH PERSON  IS
DETAINED TO RELEASE SUCH PERSON.
  (C)  UPON THE FAILURE OF A PERSON TO COMPLY WITH ANY CONDITION IMPOSED
BY THE PROBATION SERVICE PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
THE PROBATION SERVICE MAY REIMPOSE SUCH CONDITION, IMPOSE NEW CONDITIONS
OR  DETERMINE  THAT  ALL  REASONABLE  EFFORTS  TO  ADJUST THE OFFENSE OR
OFFENSES HAVE FAILED AND PROCEED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  PROBATION  SERVICE
SHALL  NOT  TRANSMIT  OR OTHERWISE DISCLOSE TO THE DISTRICT ATTORNEY ANY
STATEMENT MADE BY AN ARRESTED PERSON TO A PROBATION OFFICER,  NOR  SHALL
ANY STATEMENT OF AN ARRESTED PERSON MADE TO THE PROBATION SERVICE IN THE
COURSE  OF  EFFORTS PURSUANT TO THIS SECTION AT ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES BE ADMITTED INTO EVIDENCE IN ANY CRIMINAL ACTION  OR
PROCEEDING  AGAINST  SUCH  PERSON  OR  IN ANY OTHER ACTION OR PROCEEDING
AGAINST SUCH PERSON IN THE  YOUTH  DIVISION.    HOWEVER,  THE  PROBATION
SERVICE  MAY  MAKE  A  RECOMMENDATION REGARDING ADJUSTMENT OF A CRIMINAL
OFFENSE OR OFFENSES TO THE DISTRICT ATTORNEY AND PROVIDE  SUCH  INFORMA-
TION,  INCLUDING  ANY REPORT MADE BY THE ARRESTING OFFICER AND RECORD OF
PREVIOUS ADJUSTMENTS AND ARRESTS AS IT SHALL DEEM RELEVANT.
  5. WHERE THE PROBATION SERVICE ADJUSTS A CRIMINAL OFFENSE OR  OFFENSES
UNDER THIS SECTION AFTER AN ACCUSATORY INSTRUMENT CHARGING SUCH CRIMINAL
OFFENSE  OR  OFFENSES  HAS  BEEN  FILED WITH OR TRANSFERRED TO THE YOUTH
DIVISION, THE YOUTH  DIVISION,  UPON  NOTIFICATION  OF  SUCH  ADJUSTMENT
PURSUANT  TO  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION, MUST DISMISS SUCH ACCUSATORY INSTRUMENT PURSUANT TO  PARA-
GRAPH  (G)  OF  SUBDIVISION  ONE  OF  SECTION 170.30 OR PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION 210.20, AS APPROPRIATE, AS IF  A  MOTION  FOR
SUCH DISMISSAL HAD BEEN MADE BY DEFENDANT THEREUNDER.
  6.  FOLLOWING  CONSULTATION WITH THE DIVISION OF PROBATION AND CORREC-
TIONAL ALTERNATIVES, THE NEW YORK STATE  ASSOCIATION  OF  COUNTIES,  THE
COUNCIL  OF PROBATION ADMINISTRATORS, THE NEW YORK STATE DISTRICT ATTOR-
NEYS' ASSOCIATION AND THE STATE DEFENDERS' ASSOCIATION, THE CHIEF ADMIN-
ISTRATOR OF THE COURTS SHALL PROMULGATE PROCEDURES TO BE FOLLOWED  BY  A
PROBATION  SERVICE IN DISCHARGE OF ITS RESPONSIBILITIES PURSUANT TO THIS
SECTION.  SUCH RULES ALSO SHALL PRESCRIBE STANDARDS TO  BE  FOLLOWED  IN
DETERMINING  WHETHER  A  CRIMINAL  OFFENSE  OR  OFFENSES MAY BE ADJUSTED
PURSUANT TO THIS SECTION.
S 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED.
  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES  CRIMINAL
JURISDICTION,  A  PART OF COURT TO BE KNOWN AS THE YOUTH DIVISION OF THE
SUPERIOR COURT FOR THE COUNTY  IN  WHICH  SUCH  COURT  PRESIDES.  JUDGES
PRESIDING  IN  THE  YOUTH DIVISION SHALL RECEIVE TRAINING IN SPECIALIZED
AREAS, INCLUDING, BUT  NOT  LIMITED  TO,  JUVENILE  JUSTICE,  ADOLESCENT
DEVELOPMENT  AND  EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS-
SION BY ADOLESCENTS.  WHERE THE PROVISIONS OF THE FAMILY COURT  ACT  ARE
INCLUDED  OR  INCORPORATED BY REFERENCE IN THIS ARTICLE, THE YOUTH DIVI-
SION MAY CONSIDER JUDICIAL INTERPRETATIONS OF  SUCH  PROVISIONS  TO  THE
EXTENT  THAT  THEY  MAY  ASSIST  THE  YOUTH DIVISION IN INTERPRETING THE
PROVISIONS OF THIS CHAPTER.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
THREE OF SECTION 722.20, THE YOUTH DIVISION SHALL HAVE:
  1. EXCLUSIVE PRELIMINARY AND TRIAL JURISDICTION OF ALL YOUTH  DIVISION
OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT;

S. 4489--A                          8

  2.  PRELIMINARY AND TRIAL JURISDICTION, CONCURRENT WITH LOCAL CRIMINAL
COURTS, OF ALL OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT THAT CHARG-
ES A PERSON WITH ONE OR MORE CRIMES AT LEAST ONE OF WHICH IS NOT A YOUTH
DIVISION OFFENSE, WHERE SUCH PERSON WAS AT LEAST SIXTEEN YEARS  OLD  AND
LESS  THAN  EIGHTEEN  YEARS OLD AT THE TIME HE OR SHE IS ALLEGED TO HAVE
COMMITTED THE OFFENSES CHARGED; AND
  3. JURISDICTION OVER ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS
REQUIRED BY THIS CHAPTER TO BE CONDUCTED IN SUPERIOR COURT.
S 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF GUILT.
  1. EXCEPT AS OTHERWISE PROVIDED IN THIS  ARTICLE,  THE  PROVISIONS  OF
THIS CHAPTER SHALL APPLY IN EACH ACTION OR PROCEEDING IN THE YOUTH DIVI-
SION  OF SUPERIOR COURT. SOLELY FOR PURPOSES HEREOF, A PROCEEDING IN THE
YOUTH DIVISION SHALL BE DEEMED A CRIMINAL PROCEEDING, THE PERSON SUBJECT
TO SUCH PROCEEDING SHALL BE DEEMED A DEFENDANT AND THE  CHARGES  AGAINST
SUCH PERSON SHALL BE DEEMED CRIMINAL CHARGES; PROVIDED, HOWEVER, THAT IF
SPECIFIC  OFFENSES  CHARGED AGAINST A DEFENDANT DESCRIBED IN SUBDIVISION
ONE OF SECTION 722.40 RESULT IN A PLEA OF GUILTY OR SUCH A DEFENDANT  IS
OTHERWISE FOUND GUILTY THEREOF, NO CONVICTION THEREOF SHALL BE ENTERED.
  2.  NOTWITHSTANDING THE PROVISIONS OF TITLE H OF THIS CHAPTER, WHERE A
DEFENDANT WAS AT LEAST SIXTEEN YEARS OLD AND LESS  THAN  EIGHTEEN  YEARS
OLD  AT  THE  TIME  HE  OR SHE IS ALLEGED TO HAVE COMMITTED THE OFFENSES
CHARGED IN AN ACCUSATORY INSTRUMENT, ALL REFERENCES TO A LOCAL  CRIMINAL
COURT  IN  SUCH  TITLE SHALL BE DEEMED REFERENCES TO THE YOUTH DIVISION.
FOR THE PURPOSE OF EXERCISING PRELIMINARY JURISDICTION OVER AN ACTION OR
PROCEEDING PURSUANT TO SUCH TITLE, THE YOUTH DIVISION SHALL HAVE ALL THE
POWERS OF A LOCAL CRIMINAL COURT THEREUNDER.
  3. WHERE THE YOUTH DIVISION IS NOT IN SESSION AND UNABLE TO ARRAIGN  A
DEFENDANT,  SUCH  DEFENDANT  MAY  BE ARRAIGNED BEFORE ANY LOCAL CRIMINAL
COURT IN WHICH HE OR SHE COULD BE ARRAIGNED WERE  HE  OR  SHE  AT  LEAST
EIGHTEEN YEARS OF AGE AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED
THE  OFFENSE  OR OFFENSES CHARGED IN AN ACCUSATORY INSTRUMENT; PROVIDED,
HOWEVER, IN SUCH EVENT AND UNLESS THE LOCAL CRIMINAL  COURT  INTENDS  TO
DISMISS  THE  ACTION  IMMEDIATELY  THEREAFTER, SUCH LOCAL CRIMINAL COURT
MUST TRANSFER THE MATTER FORTHWITH TO THE YOUTH DIVISION AND SHALL  MAKE
THE  MATTER  RETURNABLE  IN THE YOUTH DIVISION ON THE NEXT DAY THE YOUTH
DIVISION IS IN SESSION AFTER ARRAIGNMENT IN THE LOCAL CRIMINAL COURT.
  4. (A) UPON ANY OCCASION WHEN THE YOUTH DIVISION (OR A LOCAL  CRIMINAL
COURT  AS  PROVIDED HEREUNDER WHEN THE YOUTH DIVISION IS NOT IN SESSION)
IS REQUIRED TO ISSUE A SECURING ORDER WITH RESPECT TO  A  PRINCIPAL  WHO
WAS  SIXTEEN  OR  SEVENTEEN  YEARS OLD AT THE TIME OF HIS OR HER ALLEGED
OFFENSE OR OFFENSES, AND SUCH OFFENSE OR OFFENSES ARE EXCLUSIVELY  YOUTH
DIVISION  OFFENSES,  THE  COURT MAY NOT COMMIT SUCH PRINCIPAL TO CUSTODY
UNLESS AVAILABLE LESS RESTRICTIVE ALTERNATIVES THERETO, INCLUDING CONDI-
TIONAL RELEASE, WOULD NOT BE APPROPRIATE.
  (B) ONCE A PRINCIPAL DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IS
COMMITTED TO CUSTODY, THE COURT SHALL MAKE THE FOLLOWING FINDINGS, WHICH
SHALL BE INCLUDED IN A WRITTEN ORDER, AS REQUIRED BY FEDERAL LAW:
  (I) WHETHER THE CONTINUATION OF THE PRINCIPAL OUTSIDE OF CUSTODY WOULD
BE CONTRARY TO HIS OR HER BEST INTERESTS BASED UPON, AND LIMITED TO, THE
FACTS AND CIRCUMSTANCES AVAILABLE TO  THE  COURT  AT  THE  TIME  OF  THE
ARRAIGNMENT; AND
  (II)  WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF
THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE ON
WHICH THE PRINCIPAL WAS COMMITTED TO CUSTODY THAT RESULTED IN THE SECUR-
ING ORDER TO PREVENT OR ELIMINATE THE NEED FOR COMMITTING THE  PRINCIPAL
TO  CUSTODY  OR, IF THE PRINCIPAL HAD BEEN COMMITTED TO CUSTODY PRIOR TO

S. 4489--A                          9

ARRAIGNMENT,  WHERE  APPROPRIATE  AND  CONSISTENT  WITH  THE  NEED   FOR
PROTECTION  OF  THE  COMMUNITY,  WHETHER REASONABLE EFFORTS WERE MADE TO
MAKE IT POSSIBLE FOR THE PRINCIPAL TO BE RELEASED FROM CUSTODY.
S 722.30 YOUTH   DIVISION;   SPECIAL   PROCEDURES  FOLLOWED  IN  CERTAIN
           PROCEEDINGS AGAINST  CERTAIN  OFFENDERS;  REMOVAL  TO  FAMILY
           COURT.
  1.  UPON  MOTION  OF  THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT AND PRIOR TO A JUDGMENT OF CONVICTION, THE YOUTH DIVISION  OF
THE  SUPERIOR COURT MAY DIRECT THAT ALL PROCEEDINGS AGAINST SUCH DEFEND-
ANT IN SUCH YOUTH DIVISION FOLLOWING A PLEA OF GUILTY OR OTHER  DETERMI-
NATION  OF  GUILT, WHETHER OR NOT SUCH PLEA OR OTHER DETERMINATION SHALL
HAVE OCCURRED AT THE TIME OF SUCH MOTION, SHALL BE CONDUCTED IN  ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  SECTION  722.40  IN ANY CASE WHERE SUCH
DEFENDANT:
  (A) IS A JUVENILE OFFENDER AND THE CASE HAS NOT BEEN REMOVED TO FAMILY
COURT PURSUANT TO THIS CHAPTER; OR
  (B) WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT
THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED AN OFFENSE  OR  OFFENSES
CHARGED  IN THE ACCUSATORY INSTRUMENT AT LEAST ONE OF WHICH IS A VIOLENT
FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF  THE
PENAL  LAW OR AN OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION EIGHTEEN
OF SECTION 10.00 OF SUCH LAW.
  2. IN DETERMINING  A  MOTION  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  YOUTH  DIVISION  MUST  CONSIDER  THE FACTORS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION AND MAY NOT GRANT SUCH A MOTION  UNLESS
IT  DETERMINES  THAT  TO  DO  SO  WOULD  BE IN THE INTERESTS OF JUSTICE;
PROVIDED, HOWEVER, THE YOUTH  DIVISION  MAY  NOT  GRANT  SUCH  A  MOTION
UNLESS:
  (A)  THE  YOUTH  DIVISION FINDS SPECIFIC FACTORS, ONE OR MORE OF WHICH
REASONABLY SUPPORT SUCH MOTION, SHOWING:  (I)  MITIGATING  CIRCUMSTANCES
THAT  BEAR  DIRECTLY  UPON  THE MANNER IN WHICH THE CRIME WAS COMMITTED;
(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; OR (III) POSSIBLE  DEFICIEN-
CIES IN THE PROOF OF THE CRIME;
  (B)  AFTER  CONSIDERATION OF THE FACTORS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION, THE YOUTH DIVISION DETERMINES THAT FURTHER  PROCEEDINGS
IN RELATION TO THE DEFENDANT CONDUCTED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 722.40 WOULD BE IN THE INTERESTS OF JUSTICE; AND
  (C) THE DISTRICT ATTORNEY CONSENTS THERETO.
  3. (A) UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY
INSTRUMENT  AND  PRIOR TO A JUDGEMENT OF CONVICTION, THE YOUTH DIVISION,
AFTER CONSIDERATION OF THE RELEVANT FACTORS  SET  FORTH  IN  SUBDIVISION
FOUR  OF THIS SECTION AND IF THE YOUTH DIVISION DETERMINES THAT TO DO SO
WOULD BE IN THE INTEREST OF JUSTICE, MAY DIRECT THAT THE ACTION  AGAINST
THE DEFENDANT BE REMOVED TO FAMILY COURT IN ANY CASE WHERE THE DEFENDANT
IS  CHARGED  IN  THE  YOUTH  DIVISION EXCLUSIVELY WITH ONE OR MORE YOUTH
DIVISION OFFENSES AND:
  (I) THE DEFENDANT IS A PARTY TO OR IS OTHERWISE A SUBJECT  OF  PENDING
PROCEEDINGS  IN THE FAMILY COURT UNDER ARTICLE THREE, SEVEN, EIGHT, TEN,
TEN-A, TEN-B OR TEN-C OF THE FAMILY COURT ACT; OR
  (II) THE COURT DETERMINES THAT THE DEFENDANT IS A  SEXUALLY  EXPLOITED
CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
  (B)  WHERE  THE  YOUTH DIVISION DIRECTS REMOVAL OF AN ACTION TO FAMILY
COURT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,

S. 4489--A                         10

THE PROVISIONS OF SUBDIVISIONS SIX THROUGH NINE OF  SECTION  725.05  AND
SECTIONS  725.10  AND  725.15  OF THIS TITLE SHALL APPLY TO SUCH REMOVAL
PROVIDED THAT:
  (I)  FOR PURPOSES OF SUBDIVISION SIX OF SECTION 725.05, "THE JUVENILE"
SHALL REFER TO THE DEFENDANT IN THE ACTION BEING REMOVED; AND
  (II) NOTWITHSTANDING THE PROVISIONS OF ARTICLE  THREE  OF  THE  FAMILY
COURT  ACT,  UPON  SUCH  REMOVAL,  THE FAMILY COURT SHALL HAVE AND SHALL
EXERCISE JURISDICTION OVER THE DEFENDANT IN THE PROCEEDING  REQUIRED  TO
BE  ORIGINATED  IN  SUCH  COURT  PURSUANT  TO SUBDIVISION ONE OF SECTION
725.10 AS IF THE DEFENDANT WERE OVER SEVEN AND LESS THAN  SIXTEEN  YEARS
OF AGE.
  4. IN MAKING ITS DETERMINATION PURSUANT TO SUBDIVISION ONE OR THREE OF
THIS  SECTION, THE YOUTH DIVISION SHALL, TO THE EXTENT APPLICABLE, EXAM-
INE INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
  (A) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
  (B) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
  (C) THE EVIDENCE OF  GUILT,  WHETHER  ADMISSIBLE  OR  INADMISSIBLE  AT
TRIAL;
  (D)  THE  HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, INCLUDING
HIS OR HER DEVELOPMENTAL AND COGNITIVE LEVELS;
  (E) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
AUTHORIZED FOR THE OFFENSE;
  (F)  THE  IMPACT  THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 722.40 MAY HAVE ON THE SAFETY OR WELFARE OF  THE  COMMUNITY  AND
THE DEFENDANT'S NEEDS AND BEST INTERESTS;
  (G)  THE  IMPACT  THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 722.40 WOULD HAVE UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIM-
INAL JUSTICE SYSTEM;
  (H) WHERE  THE  COURT  DEEMS  IT  APPROPRIATE,  THE  CONCERNS  OF  THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
  (I)  ANY  OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
IN A CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
  5. THE PROVISIONS OF SUBDIVISIONS  ONE  AND  TWO  OF  SECTION  210.45,
GOVERNING PROCEDURE ON A MOTION TO DISMISS AN INDICTMENT, SHALL APPLY TO
PROCEDURE  UPON  A  MOTION  PURSUANT TO SUBDIVISION ONE OR THREE OF THIS
SECTION. AFTER ALL PAPERS OF BOTH PARTIES HAVE BEEN FILED AND AFTER  ALL
DOCUMENTARY  EVIDENCE,  IF  ANY,  HAS BEEN SUBMITTED, THE YOUTH DIVISION
MUST CONSIDER THE SAME FOR THE PURPOSE OF DETERMINING WHETHER THE MOTION
IS DETERMINABLE ON THE MOTION PAPERS SUBMITTED AND,  IF  NOT,  MAY  MAKE
SUCH  INQUIRY AS IT DEEMS NECESSARY FOR THE PURPOSE OF MAKING A DETERMI-
NATION.
  6. FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION,
ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED.  IF  THE
DEFENDANT  TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST
HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTI-
MONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
  7. (A) IF THE YOUTH DIVISION ORDERS THE PROCEEDINGS TO CONTINUE  UNDER
THE  PROVISIONS  OF  SECTION  722.40,  IT  SHALL STATE ON THE RECORD, IN
DETAIL AND NOT IN CONCLUSORY TERMS, THE FACTOR OR FACTORS UPON WHICH ITS
DETERMINATION IS BASED.
  (B) THE DISTRICT ATTORNEY SHALL STATE UPON THE RECORD, IN  DETAIL  AND
NOT  IN CONCLUSORY TERMS, THE REASONS FOR HIS OR HER CONSENT TO HAVE THE
PROCEEDINGS CONTINUE UNDER THE PROVISIONS OF SECTION 722.40.
S 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMINATION OF
           GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR SEVENTEEN YEARS
           OLD AT THE TIME OF OFFENSE.

S. 4489--A                         11

  1. IF A DEFENDANT WHO IS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR
COURT  WITH  ONE  OR MORE YOUTH DIVISION OFFENSES (OR WHO IS ENTITLED TO
PROCEED PURSUANT TO THIS SECTION UPON GRANT OF A MOTION MADE PURSUANT TO
SUBDIVISION ONE OF SECTION 722.30) PLEADS  GUILTY  TO  SUCH  OFFENSE  OR
OFFENSES  OR IS OTHERWISE FOUND GUILTY THEREOF, THE COURT SHALL SCHEDULE
A DISPOSITIONAL HEARING PURSUANT TO  THIS  SECTION.    A  DEFENDANT  WHO
PLEADS  GUILTY  TO OR IS OTHERWISE FOUND GUILTY OF A CRIME THAT IS NOT A
YOUTH DIVISION OFFENSE SHALL NOT BE DEEMED "A DEFENDANT WHO  IS  CHARGED
IN  THE  YOUTH DIVISION OF A SUPERIOR COURT WITH ONE OR MORE YOUTH DIVI-
SION OFFENSES" FOR PURPOSES OF THIS SUBDIVISION NOTWITHSTANDING THAT, IN
THE SAME ACTION OR PROCEEDING, HE OR SHE PLEADS GUILTY TO OR  IS  OTHER-
WISE  FOUND GUILTY OF ONE OR MORE OTHER OFFENSES THAT ARE YOUTH DIVISION
OFFENSES.
  2. FOR PURPOSES OF THIS SECTION, A  "DISPOSITIONAL  HEARING"  MEANS  A
HEARING  TO DETERMINE WHETHER THE DEFENDANT REQUIRES SUPERVISION, TREAT-
MENT OR CONFINEMENT.  WHERE THE YOUTH DIVISION  ORDERS  A  DISPOSITIONAL
HEARING PURSUANT TO THIS SECTION, ALL FURTHER PROCEEDINGS IN RELATION TO
THE  DEFENDANT  SHALL  BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF
PARTS FIVE AND SIX OF ARTICLE THREE OF THE FAMILY  COURT  ACT,  PROVIDED
THAT REFERENCES THEREIN:
  (A)  TO  A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN
PROCEEDINGS IN THE YOUTH DIVISION, AND TO A "PRESENTMENT  AGENCY"  SHALL
MEAN TO THE DISTRICT ATTORNEY;
  (B)  TO  A  "DELINQUENCY  PROCEEDING" OR TO A "DELINQUENCY CASE" SHALL
MEAN TO AN ACTION OR PROCEEDING IN A YOUTH DIVISION, AND TO  A  "FINDING
OF DELINQUENCY" SHALL MEAN TO A DETERMINATION OF GUILT;
  (C)  TO  "SUBDIVISION ONE OF SECTION 345.1" SHALL MEAN SUBDIVISION ONE
OF THIS SECTION;
  (D) TO "AN ORDER PURSUANT TO SECTION 315.3" SHALL MEAN TO AN  ADJOURN-
MENT IN CONTEMPLATION OF DISMISSAL; AND
  (E)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER.
NOTWITHSTANDING THE FOREGOING, WHERE THE YOUTH DIVISION ORDERS PLACEMENT
OF THE DEFENDANT, SUCH PLACEMENT SHALL BE IN THE CUSTODY OF THE LOCAL OR
STATE CORRECTIONAL FACILITY TO WHICH DEFENDANT WOULD HAVE BEEN COMMITTED
WERE HE OR SHE TO HAVE BEEN AGE EIGHTEEN OR OLDER AT THE TIME HE OR  SHE
COMMITTED  THE  OFFENSE  OR OFFENSES OF WHICH HE OR SHE WAS FOUND GUILTY
AND SENTENCED TO INCARCERATION THEREFOR.
  3. PROVIDED FURTHER THAT, FOR PURPOSES OF THIS SUBDIVISION, REFERENCES
CONTAINED IN SUBDIVISION SIX OF SECTION 355.3 OF THE FAMILY COURT ACT TO
A "RESPONDENT'S EIGHTEENTH BIRTHDAY" AND TO  "THE  CHILD'S  TWENTY-FIRST
BIRTHDAY"  SHALL  MEAN TO A "DEFENDANT'S TWENTIETH BIRTHDAY" AND TO "THE
DEFENDANT'S TWENTY-THIRD BIRTHDAY", RESPECTIVELY.
S 722.50 YOUTH DIVISION; DISPOSITION  OF  RECORDS  UPON  TERMINATION  OF
           ACTIONS OR PROCEEDINGS.
  1.  WHERE, IN AN ACTION OR PROCEEDING PURSUANT TO THIS ARTICLE AGAINST
A DEFENDANT WHO WAS CHARGED IN THE YOUTH DIVISION OF  A  SUPERIOR  COURT
EXCLUSIVELY  WITH  ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO WAS ENTI-
TLED TO PROCEED PURSUANT TO SECTION 722.40 UPON GRANT OF A  MOTION  MADE
PURSUANT  TO  SUBDIVISION  ONE  OF SECTION 722.30), THE DEFENDANT PLEADS
GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH HE OR SHE WAS CHARGED OR IS
OTHERWISE DETERMINED TO BE GUILTY THEREOF, THE  PROVISIONS  OF  SECTIONS
375.2,  380.1,  381.2  AND  381.3 OF THE FAMILY COURT ACT SHALL APPLY TO
DISPOSITION OF THE RECORDS OF SUCH ACTION OR PROCEEDING. FOR PURPOSES OF
THIS SECTION, REFERENCES IN SUCH SECTIONS OF THE FAMILY COURT ACT:

S. 4489--A                         12

  (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE  DEFENDANT  IN
PROCEEDINGS IN THE YOUTH DIVISION;
  (B)  TO A "DELINQUENCY PROCEEDING" SHALL MEAN TO AN ACTION OR PROCEED-
ING IN A YOUTH DIVISION;
  (C) TO A "PRESENTMENT AGENCY" OR  THE  "DIRECTOR  OF  THE  APPROPRIATE
PRESENTMENT AGENCY" SHALL MEAN TO THE DISTRICT ATTORNEY;
  (D)  TO  A  "FINDING  OF  DELINQUENCY  PURSUANT  TO SUBDIVISION ONE OF
SECTION 352.1" OR TO A "FINDING OF JUVENILE DELINQUENCY" SHALL MEAN TO A
PLEA OF GUILTY TO THE OFFENSE OR OFFENSES  WITH  WHICH  A  DEFENDANT  IS
CHARGED  OR  A  VERDICT  OF  GUILTY THERETO AND TO "PERSON ADJUDICATED A
JUVENILE DELINQUENT" SHALL MEAN TO A DEFENDANT WHO HAS MADE SUCH A  PLEA
OR BEEN SUBJECT TO SUCH A VERDICT;
  (E) TO "RESPONDENT'S SIXTEENTH BIRTHDAY" SHALL MEAN TO THE DEFENDANT'S
EIGHTEENTH BIRTHDAY;
  (F)  TO  "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO
OF THIS CHAPTER;
  (G) TO "FAMILY COURT" OR "COURT" SHALL MEAN TO THE YOUTH DIVISION.
  2. NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
160.50,  TERMINATION  OF  AN  ACTION OR PROCEEDING IN THE YOUTH DIVISION
OTHER THAN BY A DEFENDANT'S PLEA OF GUILTY TO THE  OFFENSE  OR  OFFENSES
WITH  WHICH  HE  OR  SHE  WAS CHARGED OR BY A VERDICT OF GUILTY THERETO,
WHERE THE DEFENDANT WAS CHARGED WITH ONE OR MORE YOUTH DIVISION OFFENSES
(OR WHERE THE DEFENDANT WAS ENTITLED  TO  PROCEED  PURSUANT  TO  SECTION
722.40  UPON  GRANT  OF  A  MOTION  MADE  PURSUANT TO SUBDIVISION ONE OF
SECTION 722.30), SHALL BE DEEMED A "TERMINATION OF A CRIMINAL ACTION  OR
PROCEEDING  AGAINST  A  PERSON  IN FAVOR OF SUCH PERSON" FOR PURPOSES OF
SUCH SECTION 160.50.
  3. WHERE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE  TAKEN  PURSUANT
TO SECTION 160.10 AND THE ACTION WAS SUBSEQUENTLY ADJUDICATED IN ACCORD-
ANCE  WITH SECTION 722.40, THE CLERK OF THE YOUTH DIVISION SHALL FORWARD
OR CAUSE TO BE FORWARDED TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES NOTIFICATION OF  SUCH  ADJUDICATION  AND  SUCH  RELATED
INFORMATION  AS MAY BE REQUIRED BY SUCH COMMISSIONER. IF A DEFENDANT HAS
PLEADED GUILTY OR OTHERWISE BEEN  DETERMINED  TO  HAVE  BEEN  GUILTY  OF
OFFENSES  OTHER THAN A FELONY, ALL SUCH FINGERPRINTS, PALMPRINTS, PHOTO-
GRAPHS, AND COPIES THEREOF, AND ALL INFORMATION RELATING TO SUCH ALLEGA-
TIONS OBTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO
SECTION  160.10 SHALL BE DESTROYED FORTHWITH. IF A DEFENDANT HAS PLEADED
GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF A FELONY, ALL
FINGERPRINTS AND RELATED INFORMATION OBTAINED BY THE DIVISION OF  CRIMI-
NAL  JUSTICE SERVICES PURSUANT TO SUCH SECTION SHALL BECOME PART OF SUCH
DIVISION'S PERMANENT ADULT CRIMINAL RECORD FOR  THAT  PERSON;  PROVIDED,
HOWEVER,  THAT  WHEN  SUCH  PERSON REACHES THE AGE OF TWENTY-ONE, OR HAS
BEEN DISCHARGED FROM ANY PLACEMENT IMPOSED UNDER THIS ARTICLE, WHICHEVER
OCCURS LATER, AND  HAS  NO  CRIMINAL  CONVICTIONS  OR  PENDING  CRIMINAL
ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER-
PRINTS,  PALMPRINTS,  PHOTOGRAPHS,  AND  RELATED  INFORMATION AND COPIES
THEREOF OBTAINED PURSUANT TO SECTION 160.10 IN  THE  POSSESSION  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  ANY  POLICE  DEPARTMENT, LAW
ENFORCEMENT AGENCY OR ANY OTHER AGENCY  SHALL  BE  DESTROYED  FORTHWITH.
THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL NOTIFY THE AGENCY OR
AGENCIES WHICH FORWARDED  FINGERPRINTS  TO  SUCH  DIVISION  PURSUANT  TO
SECTION  160.10  OF  THEIR  OBLIGATION TO DESTROY THOSE RECORDS IN THEIR
POSSESSION.
S 722.60 YOUTH DIVISION; PRIVACY OF RECORDS.

S. 4489--A                         13

  THE RECORDS OF ANY PROCEEDING IN THE  YOUTH  DIVISION  OF  A  SUPERIOR
COURT  AGAINST A DEFENDANT WHO IS CHARGED IN SUCH COURT WITH ONE OR MORE
YOUTH DIVISION OFFENSES, UNLESS PERMITTED TO PROCEED IN ACCORDANCE  WITH
SECTION  722.40  UPON  A  DETERMINATION MADE PURSUANT TO SECTION 722.30,
SHALL  NOT  BE  OPEN  TO  INDISCRIMINATE PUBLIC INSPECTION. HOWEVER, THE
YOUTH DIVISION IN ITS  DISCRETION  IN  ANY  SUCH  CASE  MAY  PERMIT  THE
INSPECTION OF ANY PAPERS OR RECORDS. ANY DULY AUTHORIZED AGENCY, ASSOCI-
ATION,  SOCIETY  OR  INSTITUTION  TO WHICH A DEFENDANT IN SUCH A CASE IS
COMMITTED MAY CAUSE AN INSPECTION OF THE RECORD OF INVESTIGATION  TO  BE
HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE OR
PART OF SUCH RECORD.
  S 8. Section 725.00 of the criminal procedure law, as amended by chap-
ter 411 of the laws of 1979, is amended to read as follows:
S 725.00 Applicability.
  The provisions of this article apply in any case where a court directs
that  an  action  or  charge  is to be removed to the family court under
section 180.75, 190.71, 210.43, 220.10, 310.85 [or], 330.25 OR 722.30 of
this chapter.
  S 9. Subdivision 1 of section 243 of the executive law, as amended  by
section  17  of  part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. The office shall exercise general  supervision  over  the  adminis-
tration  of probation services throughout the state, including probation
in family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT and  shall
collect  statistical  and  other  information  and  make recommendations
regarding the administration of probation services in  the  courts.  The
office  shall  endeavor  to  secure  the  effective  application  of the
probation system and the enforcement of the probation laws and the  laws
relating  to  family  courts  AND  THE YOUTH DIVISIONS OF SUPERIOR COURT
throughout the  state.  After  consultation  with  the  state  probation
commission, the office shall recommend to the commissioner general rules
which  shall  regulate  methods  and  procedure in the administration of
probation services,  including  investigation  of  defendants  prior  to
sentence,  and  children  prior to adjudication, supervision, case work,
record keeping, and accounting, program planning and research so  as  to
secure  the  most  effective application of the probation system and the
most efficient enforcement of the probation laws throughout  the  state.
Such  rules  shall  provide that the probation investigations ordered by
the court in designated  felony  act  cases  under  subdivision  one  of
section  351.1  of  the  family court act shall have priority over other
cases arising under articles three and seven  of  such  act.  When  duly
adopted  by  the  commissioner,  such  rules  shall  be binding upon all
probation officers and when duly adopted shall have the force and effect
of law, but shall not supersede rules that may be  adopted  pursuant  to
the  family  court act. The office shall keep informed as to the work of
all probation officers and shall from time  to  time  inquire  into  and
report upon their conduct and efficiency. The office may investigate the
work  of any probation bureau or probation officer and shall have access
to all records and probation offices. The office may issue subpoenas  to
compel  the  attendance  of  witnesses  or  the  production of books and
papers. The office may administer oaths and examine persons under  oath.
The  office  may recommend to the appropriate authorities the removal of
any probation officer. The office may from time to time publish  reports
regarding  probation  including  probation  in  family courts AND IN THE
YOUTH DIVISIONS OF SUPERIOR COURT, and the operation  of  the  probation
system  including  probation in family courts AND IN THE YOUTH DIVISIONS

S. 4489--A                         14

OF SUPERIOR COURT, and any other information regarding probation as  the
office  may  determine provided expenditures for such purpose are within
amounts appropriated therefor.
  S  10. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN  SPECIALIZED  AREAS
INVOLVING YOUTH INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLES-
CENT  DEVELOPMENT  AND  EFFECTIVE  TREATMENT  METHODS FOR REDUCING CRIME
COMMITTED BY ADOLESCENTS; AND PROVIDING THAT,  AS  REQUIRED  BY  SECTION
722.10 OF THE CRIMINAL PROCEDURE LAW, EACH JUDGE OR JUSTICE WHO PRESIDES
IN THE YOUTH DIVISION OF A SUPERIOR COURT RECEIVE SUCH TRAINING.
  S  11.  The  judiciary  law is amended by adding a new article 21-C to
read as follows:
                              ARTICLE 21-C
                  JUVENILE PROBATION ASSISTANCE PROGRAM
SECTION 849-L. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
        849-M. APPLICATION PROCEDURES.
        849-N. PAYMENT PROCEDURES; AUDITS.
        849-O. ANNUAL REPORT.
  S 849-L. ESTABLISHMENT AND ADMINISTRATION  OF  PROGRAM.  1.  THERE  IS
HEREBY  ESTABLISHED A JUVENILE PROBATION ASSISTANCE PROGRAM, HEREINAFTER
REFERRED TO IN THIS ARTICLE AS THE "PROGRAM",  TO  BE  ADMINISTERED  AND
SUPERVISED UNDER THE DIRECTION OF THE CHIEF ADMINISTRATOR OF THE COURTS,
TO  PROVIDE FUNDS PURSUANT TO THIS ARTICLE TO SUPPORT PROBATION SERVICES
PROVIDED BY POLITICAL SUBDIVISIONS TO YOUTHS UNDER THE AGE OF  EIGHTEEN.
THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES AND REGULATIONS TO EFFEC-
TUATE  THE  PURPOSES  OF THIS SECTION, INCLUDING PROVISIONS FOR PERIODIC
MONITORING AND EVALUATION OF THE  PROGRAM.  EACH  POLITICAL  SUBDIVISION
RECEIVING  FUNDS  PURSUANT  TO  THIS  ARTICLE SHALL COMPLY WITH ALL SUCH
RULES AND REGULATIONS AND WITH ALL PROVISIONS OF THIS ARTICLE.
  2. FUNDS TO BE PROVIDED PURSUANT TO THIS SECTION MAY BE USED  FOR  ANY
PURPOSE  RELATING TO THE DELIVERY OF PROBATION SERVICES IN THE COURTS OF
A POLITICAL SUBDIVISION FOR YOUTHS UNDER THE  AGE OF EIGHTEEN, INCLUDING
THE OPERATIONAL COSTS OF LOCAL PROBATION DEPARTMENTS AND ENHANCED  LOCAL
VOCATIONAL,   EDUCATIONAL   AND  THERAPEUTIC  SERVICES  IN  AID  OF  THE
PROBATION. FUNDS MAY NOT BE USED AS A MEANS OF REDUCING FUNDING  ALREADY
PROVIDED BY A POLITICAL SUBDIVISION FOR THESE PURPOSES.
  S  849-M.  APPLICATION  PROCEDURES.  1.  THE CITY OF NEW YORK AND EACH
COUNTY OUTSIDE SUCH CITY MAY MAKE AN INDIVIDUAL  APPLICATION  FOR  FUNDS
AVAILABLE PURSUANT TO THIS ARTICLE, OR TWO OR MORE SUCH POLITICAL SUBDI-
VISIONS  MAY  MAKE  A JOINT APPLICATION FOR SUCH FUNDS. ALL APPLICATIONS
SHALL BE SUBMITTED TO THE CHIEF ADMINISTRATOR FOR HIS OR HER APPROVAL.
  2. THE CHIEF ADMINISTRATOR SHALL REQUIRE THAT  APPLICATIONS  SUBMITTED
FOR  FUNDING  PROVIDE  SUCH  INFORMATION  AS  HE OR SHE DEEMS NECESSARY,
INCLUDING  AT  LEAST  THE  AMOUNT  OF  FUNDING  SOUGHT  AND  A  DETAILED
DESCRIPTION  OF  THE  PURPOSE  OR  PURPOSES TO WHICH THE FUNDING WILL BE
APPLIED.
  3. IN DETERMINING WHETHER TO APPROVE AN APPLICATION, THE CHIEF  ADMIN-
ISTRATOR SHALL CONSIDER:
  (A)  WHETHER THE APPLICANT HAS COMPLIED WITH ALL RULES AND REGULATIONS
GOVERNING THE PROGRAM AND ALL PERTINENT PROVISIONS OF THIS ARTICLE;
  (B) THE LIKELY IMPACT OF APPROVING SUCH APPLICATION UPON THE  DELIVERY
OF  PROBATION  SERVICES IN THE COURT OR COURTS OF THE POLITICAL SUBDIVI-
SION OR SUBDIVISIONS  MAKING  SUCH  APPLICATION,  UPON  THE  COMMUNITIES
SERVED, AND UPON THE JUDICIARY GENERALLY;

S. 4489--A                         15

  (C) THE AVAILABILITY OF OTHER SOURCES OF FUNDING TO PAY SOME OR ALL OF
THE COSTS FOR WHICH THE APPLICATION SEEKS FUNDING UNDER THE PROGRAM;
  (D)  THE NUMBER AND CONTENT OF ALL OTHER APPLICATIONS FOR FUNDING THEN
AVAILABLE UNDER THE PROGRAM;
  (E) THE EXTENT OF FUNDING ALREADY RECEIVED UNDER THE  PROGRAM  BY  THE
APPLICANT (OR JOINT APPLICANTS) PURSUANT TO PAST APPLICATIONS; AND
  (F) THE MAGNITUDE OF THE FUNDING APPROPRIATED FOR THE PURPOSES OF THIS
ARTICLE.
  S  849-N.  PAYMENT PROCEDURES; AUDITS. 1. UPON APPROVAL OF AN APPLICA-
TION, THE CHIEF  ADMINISTRATOR,  WITHIN  AVAILABLE  APPROPRIATIONS,  MAY
AUTHORIZE DISBURSEMENT OF FUNDS IN ANY AMOUNT UP TO THE AMOUNT SOUGHT BY
THE  APPLICATION.  SUCH  DISBURSEMENT  MAY  BE BY ADVANCE PAYMENT TO THE
APPLICANT, OR APPLICANTS, AS APPROPRIATE, BEFORE IT INCURS THE COST  FOR
WHICH  ITS APPLICATION SOUGHT FUNDING, BY REIMBURSEMENT TO THE APPLICANT
AFTER IT INCURS AND PAYS SUCH COSTS IN THE FIRST INSTANCE,  OR  BY  SOME
COMBINATION  THEREOF, AS THE CHIEF ADMINISTRATOR DETERMINES IS APPROPRI-
ATE UNDER THE CIRCUMSTANCES.
  2. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
REPRESENTATIVES SHALL HAVE THE POWER TO INSPECT, EXAMINE AND  AUDIT  THE
FISCAL  AFFAIRS OF THE APPLICANT, OR APPLICANTS, TO AN APPROVED APPLICA-
TION GRANTED PURSUANT TO THIS SECTION TO THE EXTENT NECESSARY TO  DETER-
MINE WHETHER FUNDING RECEIVED UNDER THE PROGRAM HAS BEEN USED IN ACCORD-
ANCE  WITH  THE  PURPOSE  OR  PURPOSES  FOR  WHICH  IT WAS SOUGHT IN THE
APPLICATION, AND WHETHER THERE HAS BEEN COMPLIANCE WITH  ALL  RULES  AND
REGULATIONS GOVERNING THE PROGRAM AND THE PROVISIONS OF THIS ARTICLE.
  3.  IN  DISCHARGE  OF  HIS OR HER DUTIES UNDER THIS ARTICLE, THE CHIEF
ADMINISTRATOR SHALL CONSULT, AS  APPROPRIATE  AND  NECESSARY,  WITH  ANY
AGENCY OF THE STATE, INCLUDING BUT NOT LIMITED TO THE OFFICE OF ALCOHOL-
ISM  AND  SUBSTANCE  ABUSE  SERVICES,  THE OFFICE OF CHILDREN AND FAMILY
SERVICES, THE OFFICE OF MENTAL HEALTH AND THE EDUCATION DEPARTMENT.
  S 849-O. ANNUAL REPORT. THE CHIEF ADMINISTRATOR SHALL REPORT  ANNUALLY
TO  THE GOVERNOR AND THE LEGISLATURE REGARDING THE OPERATION AND SUCCESS
OF THE PROGRAM ESTABLISHED BY THIS ARTICLE.
  S 12. Subdivision 1 of section 30.00 of the penal law, as  amended  by
chapter 481 of the laws of 1978, is amended to read as follows:
  1.  Except  as provided in subdivision two OR TWO-A of this section, a
person less than [sixteen] EIGHTEEN years old is not criminally  respon-
sible for conduct.
  S  13.  Section  30.00  of  the penal law is amended by adding two new
subdivisions 2-a and 4 to read as follows:
  2-A. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPON-
SIBLE  FOR  ACTS  CONSTITUTING A VIOLENT FELONY OFFENSE AS PRESCRIBED IN
SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER OR AN OFFENSE LISTED IN
PARAGRAPH TWO OF SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THIS CHAPTER.
  4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS AT
LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME  HE
OR SHE IS ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME
IF COMMITTED BY A PERSON AT LEAST EIGHTEEN YEARS OLD SHALL BE SUBJECT TO
THE FILING OF CHARGES AND THE PROSECUTION THEREOF EXCLUSIVELY IN ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE
CRIMINAL PROCEDURE LAW.
  S 14. (a) On December first immediately following the  effective  date
of  this  act,  and on December first of each year thereafter, the chief
administrator of the courts, following consultation with  the  chair  of
the  senate  finance committee, the chair of the assembly ways and means
committee, the director of the division of the budget and  any  affected

S. 4489--A                         16

political  subdivision,  shall certify to the state comptroller, for the
city of New York and each county outside such city:  (1)  the  projected
reasonable  and  appropriate  increase  in local probation cost for such
political  subdivision  on  account of this act in the state fiscal year
commencing the preceding April first, and (2) beginning  December  first
in the calendar year following the effective date of this act, the actu-
al  reasonable and appropriate increase in local probation cost for such
political subdivision on account of this act  during  the  state  fiscal
year  ending  the preceding March thirty-first.  The chief administrator
shall simultaneously transmit  a  copy  of  such  certification  to  the
affected political subdivision.
  (b)  On  April  thirtieth in each year beginning April thirtieth imme-
diately following the effective date of this act, the chief  administra-
tor, from appropriations available to the judiciary in such fiscal year,
shall  pay to the city of New York and each county outside such city the
amount certified the preceding December first for such political  subdi-
vision  by the chief administrator pursuant to paragraph one of subdivi-
sion (a) of this  section;  provided,  however,  each  April  thirtieth,
beginning April thirtieth of the second calendar year next following the
effective  date  of this act, the amount payable to a political subdivi-
sion pursuant to this subdivision shall be increased by  the  difference
between  (i)  the  amount  certified on the preceding December first for
such political subdivision pursuant to paragraph two of subdivision  (a)
of  this  section and (ii) the amount certified on December first of the
year prior thereto for such political subdivision pursuant to  paragraph
one  of subdivision (a) of this section, where (i) is greater than (ii),
or decreased by the difference between (i) and (ii), where (i)  is  less
than (ii).
  (c)  (1)  There  is hereby created a special juvenile probation review
board. The voting membership of the board shall consist of four  persons
appointed by the governor, of which one shall be upon the recommendation
of the temporary president of the senate, one upon the recommendation of
the  speaker  of  the  assembly,  and one upon the recommendation of the
chief judge of the court of appeals. The members of the board shall vote
among themselves to determine who shall serve as chair. Each  member  of
the  board  shall  be  entitled  to designate a representative to attend
meetings of the board in his or her place and to vote or  otherwise  act
on  his  or her behalf in his or her absence. Notice of such designation
shall be furnished in writing to the board by the designating member.  A
representative shall serve at the pleasure  of  the  designating  member
during  the  member's  term  of  office.  A  representative shall not be
authorized to delegate any of his or her  duties  or  functions  to  any
other person.
  (2)  In the event a political subdivision disputes an amount certified
to the state comptroller pursuant to paragraph (1) or (2) of subdivision
(a) of this section with respect to  such  political  subdivision,  such
political  subdivision  may  apply  for  relief  to the special juvenile
probation review board in accordance with such rules of procedure as the
board may adopt. Such application must be submitted  to  the  board  not
later  than  thirty  days  following  the filing of the certification in
dispute with the state comptroller and shall be acted upon by the  board
within sixty days of such submission. Upon receipt of an application for
relief  hereunder,  the  board  shall  grant  it  in whole or in part or
dismiss it. In the event the board grants an application in whole or  in
part, it shall direct the chief administrator of the courts to amend the

S. 4489--A                         17

certification  in  dispute  accordingly and to file such amended certif-
ication with the state comptroller.
  S  15.  This act shall take effect on the first day of November in the
second year following the date on which it shall have become a  law  and
shall  apply  to  all  arrests  made  and  all  actions  and proceedings
commenced on or after such effective date;  provided,  however,  at  any
time on or after the date on which this act shall have become a law, the
commissioner  of  the  division  of  criminal justice services, upon the
recommendation of the office of probation and correctional alternatives,
may promulgate such rules and regulations as may be necessary to  enable
implementation  of  this  act  on  its effective date and such rules and
regulations shall take effect on such date as the  commissioner  of  the
division of criminal justice services shall prescribe.

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