Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020
referred to codes
|Jun 16, 2019
referred to rules
Senate Bill S6572
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S6572 (ACTIVE) - Details
2019-S6572 (ACTIVE) - Summary
Provides that an individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to such court for a new determination after at least five years have passed since the imposition of the sentence, or at least five years after the individual's latest release from incarceration, if such individual was sentenced to a period of incarceration.
2019-S6572 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6572 SPONSOR: MYRIE TITLE OF BILL: An act to amend the criminal procedure law, in relation to the determination of youthful offender status PURPOSE: To grant an individual who was an eligible you but not determined to be a youthful offender by the sentencing court the opportunity to apply for a new determination. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 720.20 of the criminal procedure law by adding a new subdivision 5 to provide that an individual who was an eligible youth but not determined to be a youthful offender by the sentencing court may apply for a new determination after at least five years have passed provided that the individual has not been convicted of a new crime since the original sentence was imposed. The court shall consider factors including any mitigating circumstances at the time of the crime,
2019-S6572 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6572 2019-2020 Regular Sessions I N S E N A T E June 16, 2019 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the determi- nation of youthful offender status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 720.20 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. (A) AN INDIVIDUAL WHO WAS AN ELIGIBLE YOUTH WHO WAS NOT DETERMINED TO BE A YOUTHFUL OFFENDER BY THE SENTENCING COURT MAY APPLY TO THE SENTENCING COURT FOR A NEW DETERMINATION AFTER AT LEAST FIVE YEARS HAVE PASSED SINCE THE IMPOSITION OF THE SENTENCE FOR WHICH SUCH INDIVIDUAL WAS NOT DETERMINED TO BE A YOUTHFUL OFFENDER, OR, IF THE INDIVIDUAL WAS SENTENCED TO A PERIOD OF INCARCERATION, INCLUDING A PERIOD OF INCARCERA- TION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION, THE INDIVID- UAL'S LATEST RELEASE FROM INCARCERATION, PROVIDED THAT SUCH INDIVIDUAL HAS NOT BEEN CONVICTED OF ANY NEW CRIME SINCE THE IMPOSITION OF SUCH SENTENCE. (B) IN CONSIDERING WHETHER SUCH INDIVIDUAL SHOULD BE DETERMINED TO BE A YOUTHFUL OFFENDER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL CONSIDER THE FOLLOWING FACTORS: (I) WHETHER RELIEVING THE INDIVIDUAL FROM THE ONUS OF A CRIMINAL RECORD WOULD FACILITATE REHABILITATION AND SUCCESSFUL REENTRY AND REIN- TEGRATION INTO SOCIETY; (II) THE MANNER IN WHICH THE CRIME WAS COMMITTED; (III) THE ROLE OF THE INDIVIDUAL IN THE CRIME WHICH RESULTED IN THE CONVICTION; (IV) THE INDIVIDUAL'S AGE AT THE TIME OF THE CRIME; (V) THE LENGTH OF TIME SINCE THE CRIME WAS COMMITTED; (VI) ANY MITIGATING CIRCUMSTANCES AT THE TIME THE CRIME WAS COMMITTED; (VII) THE INDIVIDUAL'S CRIMINAL RECORD; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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