BILL NUMBER: S925

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to eligibility
for youthful offender status

 
PURPOSE:

To limit the eligibility of a person for youthful offender treatment
when such person has been convicted of any class B violent felony.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivisions 2 and 3 of section 720.10 of the Criminal
Procedure Law.

Section 2: Sets forth the effective date.

 
              

JUSTIFICATION:

Once a person is determined eligible to be found a youthful offender,
whether by the court or by operation of law, the court has unlimited
discretion to then grant youthful offender treatment. Significant bene-
fits accrue upon the receipt of a youthful offender determination. The
conviction is vacated and replaced, i.e. a youthful offender adjudi-
cation does not operate as a criminal conviction. The maximum sentence
which may be imposed is 1 1/3 to 4 years as opposed to 8 1/3 to 25 years
which would otherwise be applicable at the B felony level. Thus, the
determination of eligibility is perhaps the most crucial stage in the
youthful offender procedure.

Since the eligibility determination is such a critical threshold, the
provisions of current law, for the most part, limit the conditions under
which eligibility may be attained. For example, a person convicted for
any class A-I or A-II felony or a person who previously has been
convicted for a felony or adjudicated a youthful offender is never
eligible. A person convicted for an armed felony or for the listed
violent B felonies of aggravated sexual abuse or first degree rape and
sodomy has only a limited potential for eligibility. That is, absent a
court finding that mitigating circumstances also exist, a person
convicted for any armed felony or for these listed B.  felonies will
also be ineligible.

Present law, however, does not similarly limit eligibility for many
other violent B felony convictions. Among the violent B felonies not
currently listed are: attempted second degree murder, first degree
manslaughter, first degree robbery and burglary if no firearm is used,
regardless of the fact that a non-firearm dangerous instrument is used
or that serious physical injury results, second degree arson and kidnap-
ping.

Certainly these crimes involve a degree of harm equal to or greater than
the offenses currently listed. And yet, under current law, a conviction
for any of these violent B felonies results in an unrestricted eligibil-
ity for youthful offender treatment while persons convicted for other
violent B felonies or, for that matter, for certain crimes of a lesser
felony classification, have their eligibility severely limited. At best,
it is inconsistent to limit youthful offender eligibility for some, but
not all, violent B felony convictions. More importantly, it is inappro-
priate that any conviction at the violent B felony level is allowed to
result in an automatic and unconditional youthful offender eligibility.
This bill would eliminate the disparity found in current law by making
eligibility for youthful offender treatment for all violent B felonies
contingent upon a court finding of mitigating circumstances.

 
LEGISLATIVE HISTORY:

2017,2018: S.512 Referred to Codes
2015,2016: S.2066 Referred to Codes
2013,2014: S.3078 Referred to Codes
2011,2012: S.2836 Referred to Codes
2009,2010: S.4675 Referred to Codes
2007,2008: S.378 Passed Senate
2006: S.6237 Passed Senate
2005: S.86 Advanced to 3rd Reading Calendar
2003,2004: S.3315A Passed Senate
2001,2002: S.3009 Passed Senate
1999,2000: S.3337 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.