Senate Bill S332

                                 
BILL NUMBER: S332

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to youthful
offender determinations

 
SUMMARY OF PROVISIONS:

This legislation will alter the current practice in which defendants who
are aged 16, 17, or 18 are considered for Youthful Offender status. A
defendant who is a first-time offender and is charged with a misdemeanor
in a local court will, upon guilty plea or conviction, have the
conviction replaced automatically and receive a Youthful Offender adju-
dication. In contrast, the same first-time offender who is charged with
a misdemeanor in superior court (county or supreme) will, upon guilty
plea or conviction, not automatically receive a Youthful Offender adju-
dication. This legislation will require that both classes of youthful
defendants be treated the same in relation to eligibility for Youthful
Offender status. It will require a defendant in a superior court who is
found guilty of a misdemeanor, either by guilty plea or after trial, be
adjudicated a Youthful Offender.
              

 
JUSTIFICATION:

A young person - aged 16, 17 or 18 - who commits a crime may be adjudi-
cated a Youthful Offender and punished. This status removes the criminal
label from the youth, allowing the person not to acquire a criminal
record and label that would otherwise stay with the person through life.
Youthful Offender status is required with a first-time offender who
commits a misdemeanor, but the treatment differs depending on the court
in which the case is handled. If the youth is charged in a superior
court (county or supreme court), upon a conviction for a misdemeanor,
the judge has discretion on whether to grant the status. This differen-
tial in treatment makes little sense.  Whether the first-time youthful
misdemeanor defendant is convicted in a local (justice or city court) or
a superior court, the person should be treated the same, including
receiving Youthful Offender status automatically if the person is a
first-time offender. This legislation would have no effect upon a person
aged 16-18, who is convicted of a felony. With such a person, the
sentencing judge has discretion on whether to grant Youthful Offender
status.

 
LEGISLATIVE HISTORY:

2017-18: S5893 - Referred to Codes

2019-20: S2183 - Referred to Codes

2021-22: S2799 - Referred to Codes

2023-24: S961 - Passed Senate in 2023; Referred to Codes in 2024

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.