(a) the conviction to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii) [an armed felony as
defined in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii)] rape in the first degree, [a crime formerly
defined in section 130.50 of the penal law, or the crime of aggravated
sexual abuse, except as provided in subdivision three,] CRIMINAL SEXUAL
ACT IN THE FIRST DEGREE, OR AGGRAVATED SEXUAL ABUSE, EXCEPT AS PROVIDED
IN SUBDIVISION THREE OF THIS SECTION, or
(b) such youth has previously been convicted and sentenced for a felo-
ny[, or
(c) such youth has previously been adjudicated a youthful offender
following conviction of a felony or has been adjudicated on or after
September first, nineteen hundred seventy-eight a juvenile delinquent
who committed a designated felony act as defined in the family court
act].
3. Notwithstanding the provisions of subdivision two OF THIS SECTION,
a youth who has been convicted of [an armed felony offense or of] rape
in the first degree, criminal sexual act in the first degree, or aggra-
vated sexual abuse is an eligible youth if the court determines, WITHOUT
APPLYING THE PRESUMPTION AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION 720.20 OF THIS ARTICLE, that [one or more of the following
factors exist:] THE INTEREST OF JUSTICE WOULD BE SERVED BY RELIEVING THE
YOUTH FROM THE ONUS OF A CRIMINAL RECORD AND BY NOT IMPOSING AN INDETER-
MINATE SENTENCE OF MORE THAN FOUR YEARS. IN MAKING SUCH DETERMINATION,
THE COURT SHALL WEIGH THE FOLLOWING FACTORS: (i) THE CIRCUMSTANCES AND
SERIOUSNESS OF THE OFFENSE; (II) ANY mitigating circumstances that bear
[directly upon] ON the manner in which the crime was committed; [or (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. Where the court determines
that the] (III) THE HISTORY AND BACKGROUND OF THE YOUTH, INCLUDING BUT
NOT LIMITED TO ANY ADVERSE CHILDHOOD EXPERIENCES; AND (IV) ANY OTHER
FACTS OR CIRCUMSTANCES THAT WOULD SUPPORT GRANTING YOUTHFUL OFFENDER
STATUS TO PROMOTE THE INTEREST OF JUSTICE BY AVOIDING OR MINIMIZING THE
HARMS OF INCARCERATION. WHENEVER THE COURT MAKES A DETERMINATION WHETH-
ER OR NOT AN ELIGIBLE YOUTH IS A YOUTHFUL OFFENDER, THE COURT SHALL MAKE
A STATEMENT ON THE RECORD OF THE REASONS FOR ITS DETERMINATION. WHEN THE
COURT DETERMINES THAT AN eligible youth is a youthful offender, [the
court shall make a statement on the record of the reasons for its deter-
mination,] a transcript of [which] SUCH STATEMENT shall be forwarded to
the state division of criminal justice services, to be kept in accord-
ance with the provisions of subdivision three of section eight hundred
thirty-seven-a of the executive law. AT THE REQUEST OF THE YOUTH, THE
COURT MUST MAKE A DETERMINATION WHETHER IT WOULD FIND THAT THE ELIGIBLE
YOUTH IS A YOUTHFUL OFFENDER PRIOR TO THE YOUTH ENTERING A GUILTY PLEA.
WHEN THE COURT DETERMINES THAT IT WOULD NOT FIND THAT THE ELIGIBLE YOUTH
IS A YOUTHFUL OFFENDER PRIOR TO THE YOUTH ENTERING A GUILTY PLEA, THE
COURT MUST RECONSIDER ITS DECISION AFTER A CONVICTION.
4. "Youthful offender finding" means a finding, substituted for the
conviction of an eligible youth, pursuant to a determination that the
eligible youth is a youthful offender.
5. "Youthful offender sentence" means the sentence imposed upon a
youthful offender finding.
6. "Youthful offender adjudication". A youthful offender adjudication
is comprised of a youthful offender finding and the youthful offender
S. 4330--A 3
sentence imposed thereon and is completed by imposition and entry of the
youthful offender sentence.
§ 2. Subdivisions 3 and 4 of section 720.15 of the criminal procedure
law are REPEALED.
§ 3. Subdivisions 1 and 3 of section 720.20 of the criminal procedure
law, subdivision 1 as amended by chapter 652 of the laws of 1974 and
subdivision 3 as amended by chapter 471 of the laws of 1980, are amended
to read as follows:
1. Upon conviction of an eligible youth, the court must order a pre-
sentence investigation [of the defendant]. After receipt of a written
report of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible youth is a youthful
offender. Such determination shall be in accordance with the following
criteria:
(a) If [in the opinion of the court the interest of justice would be
served by relieving the eligible] THE ELIGIBLE YOUTH IS CONVICTED OF A
MISDEMEANOR OR VIOLATION; OR ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW OTHER THAN A CLASS A-I OR A-II FELONY OFFENSE,
OR ANY CLASS D OR E FELONY OFFENSE EXCEPT OFFENSES DEFINED IN SECTIONS
120.12, 130.66, 130.65-A, 130.05, 130.80, 130.35, 130.25, 160.15,
121.12, 135.10, 120.04, 120.03, AND 125.12 OF THE PENAL LAW, THE COURT
SHALL FIND THAT THE ELIGIBLE YOUTH IS A YOUTHFUL OFFENDER.
(B) IN ALL OTHER CASES, EXCEPT WHEN THE YOUTH IS CHARGED WITH RAPE IN
THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE OR AGGRAVATED
SEXUAL ABUSE, THERE SHALL BE A PRESUMPTION TO DETERMINE THAT THE ELIGI-
BLE YOUTH IS A YOUTHFUL OFFENDER IN ORDER TO RELIEVE SUCH youth from the
onus of a criminal record [and by not imposing], OTHER CONSEQUENCES OF A
CRIMINAL CONVICTION, AND THE IMPOSITION OF an indeterminate term of
imprisonment of more than four years[, the court may, in its discretion,
find the eligible youth is a youthful offender; and
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender]. UPON MOTION OF NOT LESS
THAN SEVEN DAYS' NOTICE, THE PROSECUTOR MAY CHALLENGE THE PRESUMPTION TO
GRANT YOUTHFUL OFFENDER STATUS. THE COURT SHALL DETERMINE THAT THE
ELIGIBLE YOUTH IS A YOUTHFUL OFFENDER UNLESS THE PROSECUTOR REBUTS THE
PRESUMPTION AND ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE
FACTORS SET FORTH IN SUBDIVISION THREE OF SECTION 720.10 OF THIS ARTICLE
REQUIRE THAT THE COURT DETERMINE THAT THE ELIGIBLE YOUTH IS NOT A YOUTH-
FUL OFFENDER.
(C) WHEN THE YOUTH IS CONVICTED OF RAPE IN THE FIRST DEGREE, CRIMINAL
SEXUAL ACT IN THE FIRST DEGREE OR AGGRAVATED SEXUAL ABUSE THE COURT
SHALL CONSIDER THE FACTORS SET FORTH IN SUBDIVISION THREE OF SECTION
720.10 OF THIS ARTICLE AND DETERMINE WHETHER OR NOT THE ELIGIBLE YOUTH
IS A YOUTHFUL OFFENDER.
3. Upon determining [that an eligible youth is a] TO GRANT youthful
offender STATUS, the court must direct that the conviction be [deemed]
vacated and replaced by a youthful offender [finding] ADJUDICATION; and
the court must sentence the [defendant] YOUTH pursuant to section 60.02
of the penal law.
§ 4. Section 720.35 of the criminal procedure law, as added by chapter
981 of the laws of 1971, subdivision 1 as amended by chapter 23 of the
laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B
of part C of chapter 62 of the laws of 2011 and subdivision 3 as added
by chapter 181 of the laws of 2000, is amended to read as follows:
S. 4330--A 4
§ 720.35 Youthful offender adjudication; effect thereof; records.
1. A youthful offender OR YOUNG ADULT adjudication is not a judgment
of conviction for a crime or any other offense, and does not operate as
a disqualification of any person so adjudged to hold public office or
public employment or to receive any license granted by public authority
but shall be deemed a conviction only for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m of
the executive law. A [defendant] PERSON for whom a youthful offender
adjudication was substituted, who was originally charged with prostitu-
tion as defined in section 230.00 of the penal law, shall be deemed a
"sexually exploited child" as defined in subdivision one of section four
hundred forty-seven-a of the social services law and therefore shall not
be considered an adult for purposes related to the charges in the youth-
ful offender proceeding or a proceeding under section 170.80 of this
chapter.
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth OR YOUNG
ADULT who has been adjudicated a youthful offender OR GRANTED A YOUNG
ADULT STATUS FINDING, are confidential and may not be made available to
any person or public or private agency, other than the designated educa-
tional official of the public or private elementary or secondary school
in which the youth OR YOUNG ADULT is enrolled as a student provided that
such local educational official shall only have made available a notice
of such adjudication and shall not have access to any other official
records and papers, such youth OR YOUNG ADULT or such youth's OR YOUNG
ADULT'S designated agent (but only where the official records and papers
sought are on file with a court and request therefor is made to that
court or to a clerk thereof), an institution to which such youth OR
YOUNG ADULT has been committed, the department of corrections and commu-
nity supervision and a probation department of this state that requires
such official records and papers for the purpose of carrying out duties
specifically authorized by law; provided, however, that information
regarding an order of protection or temporary order of protection issued
pursuant to section 530.12 of this chapter or a warrant issued in
connection therewith may be maintained on the statewide automated order
of protection and warrant registry established pursuant to section two
hundred twenty-one-a of the executive law during the period that such
order of protection or temporary order of protection is in full force
and effect or during which such warrant may be executed. Such confiden-
tial information may be made available pursuant to law only for purposes
of adjudicating or enforcing such order of protection or temporary order
of protection and, where provided to a designated educational official,
as defined in section 380.90 of this chapter, for purposes related to
the execution of the student's educational plan, where applicable,
successful school adjustment and reentry into the community. Such
notification shall be kept separate and apart from such student's school
records and shall be accessible only by the designated educational offi-
cial. Such notification shall not be part of such student's permanent
school record and shall not be appended to or included in any documenta-
tion regarding such student and shall be destroyed at such time as such
student is no longer enrolled in the school district. At no time shall
such notification be used for any purpose other than those specified in
this subdivision.
S. 4330--A 5
3. If a youth OR YOUNG ADULT who has been adjudicated a youthful
offender OR GRANTED A YOUNG ADULT ADJUDICATION is enrolled as a student
in a public or private elementary or secondary school the court that has
[adjudicated the youth as a] MADE THE youthful offender OR YOUNG ADULT
ADJUDICATION shall provide notification of such adjudication to the
designated educational official of the school in which such youth OR
YOUNG ADULT is enrolled as a student. Such notification shall be used
by the designated educational official only for purposes related to the
execution of the student's educational plan, where applicable, success-
ful school adjustment and reentry into the community. Such notification
shall be kept separate and apart from such student's school records and
shall be accessible only by the designated educational official. Such
notification shall not be part of such student's permanent school record
and shall not be appended to or included in any documentation regarding
such student and shall be destroyed at such time as such student is no
longer enrolled in the school district. At no time shall such notifica-
tion be used for any purpose other than those specified in this subdivi-
sion.
4. Notwithstanding subdivision two of this section, whenever a person
is adjudicated a youthful offender OR GRANTED YOUNG ADULT ADJUDICATION
and the conviction that was vacated and replaced by the youthful offen-
der OR YOUNG ADULT finding was for a sex offense as that term is defined
in article ten of the mental hygiene law, all records pertaining to the
youthful offender OR YOUNG ADULT adjudication shall be included in those
records and reports that may be obtained by the commissioner of mental
health or the commissioner of developmental disabilities, as appropri-
ate; the case review panel; and the attorney general pursuant to section
10.05 of the mental hygiene law.
§ 5. Subparagraph (i) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law, as amended by chapter 410 of the
laws of 1979, is amended to read as follows:
(i) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class A felony, may not be
accepted on the condition that it constitutes a complete disposition of
one or more other indictments [against the defendant] wherein A PERSON
is charged WITH a class A-I felony as defined in article two hundred
twenty of the penal law or the attempt to commit any such class A-I
felony, except that [an eligible youth, as defined in subdivision two of
section 720.10, may plea to a class B felony, upon consent of the
district attorney, for purposes of adjudication as a youthful offender]
THIS RESTRICTION SHALL NOT APPLY TO AN ELIGIBLE YOUTH, AS DEFINED IN
SUBDIVISION TWO OF SECTION 720.10 OF THIS CHAPTER, OR AN ELIGIBLE YOUNG
ADULT, AS DEFINED IN SUBDIVISION TWO OF SECTION 721.10 OF THIS CHAPTER.
§ 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
amended by chapter 144 of the laws of 2020, is amended to read as
follows:
3. Restrictions. Except as provided for in subdivision two-a of
section 420.35 of this article, in no event shall a mandatory surcharge,
sex offender registration fee, DNA databank fee or crime victim assist-
ance fee be remitted. IN NO EVENT SHALL SUCH FEES BE IMPOSED FOR A
JUVENILE OFFENDER, A YOUTHFUL OFFENDER OR A YOUNG ADULT FINDING.
§ 7. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended by chapter 23 of the laws of 2021, is amended to read as
follows:
2. Except as provided in this subdivision or subdivision two-a of this
section, under no circumstances shall the mandatory surcharge, sex
S. 4330--A 6
offender registration fee, DNA databank fee or the crime victim assist-
ance fee be waived. A court shall waive any mandatory surcharge, DNA
databank fee and crime victim assistance fee when: (i) [the defendant] A
PERSON is convicted of prostitution under section 230.00 of the penal
law; (ii) the [defendant] PERSON is convicted of a violation in the
event such conviction is in lieu of a plea to or conviction for prosti-
tution under section 230.00 of the penal law; (iii) the court finds that
a [defendant] PERSON is a victim of sex trafficking under section 230.34
of the penal law or a victim of trafficking in persons under the traf-
ficking victims protection act (United States Code, Title 22, Chapter
78); [or] (iv) the court finds that the [defendant] PERSON is a victim
of sex trafficking of a child under section 230.34-a of the penal law;
OR (V) THE COURT DETERMINES THAT THE PERSON IS A YOUTHFUL OFFENDER
PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THIS CHAPTER OR THE COURT
GRANTS A PERSON YOUNG ADULT STATUS PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-ONE OF THIS CHAPTER.
§ 8. The criminal procedure law is amended by adding a new article 721
to read as follows:
ARTICLE 721
YOUNG ADULT STATUS
SECTION 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
721.15 YOUNG ADULT STATUS PROCEDURE; SEALING OF ACCUSATORY
INSTRUMENT; PRIVACY OF PROCEEDINGS; PRELIMINARY
INSTRUCTIONS TO JURY.
721.20 YOUNG ADULT STATUS DETERMINATION; WHEN AND HOW MADE;
PROCEDURE THEREUPON.
721.30 YOUNG ADULT ADJUDICATION; POST-JUDGMENT MOTIONS AND
APPEALS.
721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
§ 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
INGS:
1. "YOUNG ADULT" MEANS A PERSON CHARGED WITH A CRIME ALLEGED TO HAVE
BEEN COMMITTED WHEN THEY WERE AT LEAST NINETEEN YEARS OLD AND LESS THAN
TWENTY-SIX YEARS OLD.
2. "ELIGIBLE YOUNG ADULT" MEANS A PERSON WHO IS LESS THAN TWENTY-SIX
YEARS OLD WHO IS ELIGIBLE FOR YOUNG ADULT STATUS. EVERY YOUNG ADULT IS
SO ELIGIBLE UNLESS: (A) THE CONVICTION TO BE REPLACED BY YOUNG ADULT
ADJUDICATION IS FOR (I) A CLASS A-I OR CLASS A-II FELONY, OR (II) RAPE
IN THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, OR AGGRA-
VATED SEXUAL ABUSE, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS
SECTION, OR (B) SUCH YOUNG ADULT HAS PREVIOUSLY BEEN CONVICTED AND
SENTENCED FOR A FELONY.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
A YOUNG ADULT WHO HAS BEEN CONVICTED OF RAPE IN THE FIRST DEGREE, CRIMI-
NAL SEXUAL ACT IN THE FIRST DEGREE, OR AGGRAVATED SEXUAL ABUSE IS AN
ELIGIBLE YOUTH IF THE COURT DETERMINES, WITHOUT APPLYING THE PRESUMPTION
PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 721.20 OF THIS
ARTICLE, THAT THE INTEREST OF JUSTICE WOULD BE SERVED BY RELIEVING THE
YOUNG ADULT OF THE ONUS OF A CRIMINAL RECORD AND BY NOT IMPOSING AN
INDETERMINATE SENTENCE OF MORE THAN FOUR YEARS. IN MAKING SUCH DETERMI-
NATION, THE COURT SHALL WEIGH THE FOLLOWING FACTORS:
(A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE.
(B) ANY MITIGATING CIRCUMSTANCES THAT BEAR ON THE MANNER IN WHICH THE
CRIME WAS COMMITTED.
S. 4330--A 7
(C) THE HISTORY AND BACKGROUND OF THE YOUNG ADULT, INCLUDING BUT NOT
LIMITED TO ADVERSE CHILDHOOD EXPERIENCES.
(D) ANY OTHER FACTORS OR CIRCUMSTANCES THAT WOULD SUPPORT GRANTING
YOUNG ADULT STATUS TO PROMOTE THE INTEREST OF JUSTICE BY AVOIDING OR
MINIMIZING THE HARMS OF INCARCERATION.
WHENEVER THE COURT GRANTS OR DENIES YOUNG ADULT STATUS, IT SHALL MAKE
A STATEMENT ON THE RECORD OF THE REASONS FOR ITS DETERMINATION. WHEN
THE COURT GRANTS YOUNG ADULT STATUS A TRANSCRIPT OF THE STATEMENT SHALL
BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, TO BE KEPT IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION EIGHT
HUNDRED THIRTY-SEVEN-A OF THE EXECUTIVE LAW. AT THE REQUEST OF THE YOUNG
ADULT, THE COURT MUST MAKE A DETERMINATION ABOUT YOUNG ADULT STATUS
PRIOR TO THE YOUNG ADULT ENTERING A GUILTY PLEA. WHEN THE COURT DENIES
YOUNG ADULT STATUS PRIOR TO THE YOUNG ADULT ENTERING A GUILTY PLEA, THE
COURT SHALL RECONSIDER ITS DECISION AFTER A CONVICTION.
4. "YOUNG ADULT FINDING" MEANS A FINDING, SUBSTITUTED FOR THE
CONVICTION OF AN ELIGIBLE YOUNG ADULT, PURSUANT TO A DETERMINATION THAT
THE ELIGIBLE YOUNG ADULT SHALL BE GRANTED YOUNG ADULT STATUS.
5. "YOUNG ADULT SENTENCE" MEANS THE SENTENCE IMPOSED UPON A YOUNG
ADULT FINDING.
6. "YOUNG ADULT ADJUDICATION" MEANS AN ADJUDICATION COMPRISED OF A
YOUNG ADULT FINDING AND THE YOUNG ADULT SENTENCE IMPOSED THEREON AND IS
COMPLETED BY IMPOSITION AND ENTRY OF THE YOUNG ADULT SENTENCE.
§ 721.15 YOUNG ADULT STATUS PROCEDURE; SEALING OF ACCUSATORY INSTRUMENT;
PRIVACY OF PROCEEDINGS; PRELIMINARY INSTRUCTIONS TO JURY.
1. WHEN AN ACCUSATORY INSTRUMENT AGAINST AN APPARENTLY ELIGIBLE YOUNG
ADULT IS FILED WITH A COURT, IT SHALL BE FILED AS A SEALED INSTRUMENT,
THOUGH ONLY WITH RESPECT TO THE PUBLIC.
2. WHEN AN ELIGIBLE YOUNG ADULT IS INITIALLY ARRAIGNED UPON AN ACCUSA-
TORY INSTRUMENT, SUCH ARRAIGNMENT AND ALL PROCEEDINGS IN THE ACTION
THEREAFTER MAY, IN THE DISCRETION OF THE COURT AND WITH THE CONSENT OF
THE ACCUSED, BE CONDUCTED IN PRIVATE.
§ 721.20 YOUNG ADULT STATUS DETERMINATION; WHEN AND HOW MADE; PROCEDURE
THEREUPON.
1. UPON CONVICTION OF AN ELIGIBLE YOUNG ADULT, THE COURT SHALL ORDER A
PRE-SENTENCE INVESTIGATION. AFTER RECEIPT OF A WRITTEN REPORT OF THE
INVESTIGATION AND AT THE TIME OF PRONOUNCING SENTENCE THE COURT SHALL
DETERMINE WHETHER THE ELIGIBLE YOUNG PERSON WILL RECEIVE YOUNG ADULT
STATUS. SUCH DETERMINATION SHALL BE IN ACCORDANCE WITH THE FOLLOWING
CRITERIA:
(A) IF THE ELIGIBLE YOUNG ADULT HAS BEEN CONVICTED OF A MISDEMEANOR OR
VIOLATION OR ANY FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
PENAL LAW OTHER THAN AN A-I OR A-II FELONY OFFENSE, THE COURT SHALL
GRANT YOUNG ADULT STATUS.
(B) IN ALL OTHER CASES, EXCEPT WHEN THE YOUNG ADULT IS CONVICTED OF
RAPE IN THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, OR
AGGRAVATED SEXUAL ABUSE, THERE SHALL BE A PRESUMPTION TO GRANT YOUNG
ADULT STATUS IN ORDER TO RELIEVE THEM OF THE ONUS OF A CRIMINAL RECORD,
OTHER CONSEQUENCES OF A CRIMINAL CONVICTION, AND THE IMPOSITION OF AN
INDETERMINATE TERM OF IMPRISONMENT OF MORE THAN FOUR YEARS. UPON MOTION
ON NOT LESS THAN SEVEN DAYS' NOTICE, THE PROSECUTOR MAY CHALLENGE THE
PRESUMPTION TO GRANT YOUNG ADULT STATUS. THE COURT SHALL GRANT YOUNG
ADULT STATUS UNLESS THE PROSECUTOR REBUTS THE PRESUMPTION AND ESTAB-
LISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE FACTORS SET FORTH IN
SUBDIVISION THREE OF SECTION 721.10 OF THIS ARTICLE REQUIRE THAT YOUNG
ADULT STATUS BE DENIED.
S. 4330--A 8
(C) WHEN THE YOUNG ADULT IS CONVICTED OF RAPE IN THE FIRST DEGREE,
CRIMINAL SEXUAL ACT IN THE FIRST DEGREE OR AGGRAVATED SEXUAL ABUSE THE
COURT SHALL CONSIDER THE FACTORS SET FORTH IN SUBDIVISION THREE OF
SECTION 721.10 OF THIS ARTICLE AND DETERMINE WHETHER TO GRANT OR DENY
YOUNG ADULT STATUS.
2. WHERE AN ELIGIBLE YOUNG ADULT IS CONVICTED OF TWO OR MORE CRIMES OR
OFFENSES SET FORTH IN SEPARATE COUNTS OF AN ACCUSATORY INSTRUMENT OR SET
FORTH IN TWO OR MORE ACCUSATORY INSTRUMENTS CONSOLIDATED FOR TRIAL
PURPOSES, THE COURT SHALL NOT GRANT SUCH PERSON YOUNG ADULT STATUS WITH
RESPECT TO ANY SUCH CONVICTION PURSUANT TO SUBDIVISION ONE OF THIS
SECTION UNLESS IT GRANTS YOUNG ADULT STATUS WITH RESPECT TO ALL SUCH
CONVICTIONS.
3. UPON DETERMINING TO GRANT YOUNG ADULT STATUS, THE COURT SHALL
DIRECT THAT THE CONVICTION BE VACATED AND REPLACED BY A YOUNG ADULT
STATUS FINDING; AND THE COURT SHALL SENTENCE THE YOUNG ADULT PURSUANT TO
SECTION 60.02 OF THE PENAL LAW.
4. UPON DETERMINING THAT AN ELIGIBLE YOUNG ADULT SHALL NOT BE GRANTED
YOUNG ADULT STATUS, THE COURT SHALL ORDER THE ACCUSATORY INSTRUMENT
UNSEALED AND CONTINUE THE ACTION TO JUDGMENT PURSUANT TO THE ORDINARY
RULES GOVERNING CRIMINAL PROSECUTIONS.
§ 721.30 YOUNG ADULT ADJUDICATION; POST-JUDGMENT MOTIONS AND APPEALS.
THE PROVISIONS OF THIS CHAPTER, GOVERNING THE MAKING AND DETERMINATION
OF POST-JUDGMENT MOTIONS AND THE TAKING AND DETERMINATION OF APPEALS IN
CRIMINAL CASES, APPLY TO POST-JUDGMENT MOTIONS AND APPEALS WITH RESPECT
TO YOUNG ADULT ADJUDICATIONS WHEREVER SUCH PROVISIONS CAN REASONABLY BE
SO APPLIED.
§ 721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
1. A YOUNG ADULT ADJUDICATION IS NOT A JUDGMENT OF CONVICTION FOR A
CRIME OR ANY OTHER OFFENSE, AND DOES NOT OPERATE AS A DISQUALIFICATION
OF ANY PERSON SO ADJUDGED TO HOLD PUBLIC OFFICE OR PUBLIC EMPLOYMENT OR
TO RECEIVE ANY LICENSE GRANTED BY PUBLIC AUTHORITY BUT SHALL BE DEEMED A
CONVICTION ONLY FOR THE PURPOSES OF TRANSFER OF SUPERVISION AND CUSTODY
PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M OF THE EXECUTIVE LAW.
2. UPON THE IMPOSITION OF A YOUNG ADULT ADJUDICATION, ALL RECORDS AND
PAPERS, WHETHER ON FILE WITH THE COURT, A POLICE AGENCY, OR THE DIVISION
OF CRIMINAL JUSTICE SERVICES, RELATING TO THE PERSON WHO HAS BEEN ADJU-
DICATED A YOUNG ADULT SHALL BE SEALED IN THE SAME MANNER AS DEFINED IN
SECTION 720.35 OF THIS ARTICLE; AND SUCH RECORDS SHALL NOT BE AVAILABLE
EXCEPT WHERE SPECIFICALLY REQUIRED BY STATUTE OR UPON SPECIFIC AUTHORI-
ZATION BY THE COURT.
§ 9. The criminal procedure law is amended by adding a new section
440.49 to read as follows:
§ 440.49 READJUDICATION AND RESENTENCING.
1. A PERSON UNDER THE AGE OF TWENTY-SIX AT THE TIME THE OFFENSE WAS
COMMITTED WHO WAS CONVICTED OF A MISDEMEANOR OR VIOLATION WHO WOULD HAVE
BEEN AN "ELIGIBLE YOUTH" PURSUANT TO SUBDIVISION TWO OF SECTION 721.10
OF THIS CHAPTER SHALL HAVE THEIR CONVICTION AUTOMATICALLY REPLACED WITH
A YOUNG ADULT ADJUDICATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
THIS SECTION. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ESTABLISH
PROCEDURES TO ENSURE THAT SUCH ADMINISTRATIVE PROCESS OCCURS AUTOMAT-
ICALLY FOR ALL ELIGIBLE PERSONS PRIOR TO SUCH SIX MONTH DEADLINE. WHEN
A CONVICTION IS AUTOMATICALLY REPLACED WITH A YOUNG ADULT ADJUDICATION
WITHOUT COURT REMEDIAL ACTION PURSUANT TO THIS SUBDIVISION NO RESENTENC-
ING PROCEEDING ON SUCH ADJUDICATION SHALL OCCUR.
2. (A) A PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, EITHER UNDER IMPRISONMENT OR SUPERVISION, OR
S. 4330--A 9
INCARCERATED IN A LOCAL CORRECTIONAL FACILITY SERVING A SENTENCE FOR A
CRIME THAT IS SUBJECT TO THE REMEDIAL PROVISIONS OF SUBDIVISION ONE MAY
APPLY TO THE SENTENCING COURT AT ANY TIME, ON NOTICE TO THE DISTRICT
ATTORNEY, FOR IMMEDIATE REPLACEMENT OF THE CONVICTION WITH YOUNG ADULT
ADJUDICATION. IF THE COURT FINDS THE REMEDIAL PROVISIONS OF SUBDIVISION
ONE APPLY, IT SHALL GRANT THE APPLICATION, VACATE THE CONVICTION, ENTER
A YOUNG ADULT FINDING, AND RESENTENCE THE PERSON AS A YOUNG ADULT OFFEN-
DER.
(B) (I) A PERSON SERVING A FELONY SENTENCE THAT WAS ENHANCED PURSUANT
TO SECTIONS 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71 OR 70.80 OF
THE PENAL LAW ON THE BASIS OF A PRIOR FELONY CONVICTION THAT IS SUBJECT
TO THE REMEDIAL PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, AND (II) A PERSON SERVING A SENTENCE WHERE THE UNDERLYING
CONVICTION WAS ELEVATED TO A HIGHER DEGREE CRIME AS A RESULT OF A PRIOR
CONVICTION THAT IS SUBJECT TO THE REMEDIAL PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION, MAY APPLY TO THE SENTENCING COURT AT ANY TIME, ON
NOTICE TO THE DISTRICT ATTORNEY, FOR YOUNG ADULT STATUS ON SUCH PRIOR
CONVICTION. IF THE COURT FINDS THE REMEDIAL PROVISIONS OF SUBDIVISION
ONE OF THIS SECTION APPLY TO THE PRIOR CONVICTION, THE COURT SHALL
VACATE THE PRIOR CONVICTION AND REPLACE IT WITH A YOUNG ADULT FINDING.
WHEN THE PRIOR AND CURRENT CONVICTIONS WERE ENTERED IN THE SAME COURT,
THE JUDGE WHO IMPOSED THE SENTENCE CURRENTLY BEING SERVED, OR WHEN
NECESSARY, A RANDOMLY ASSIGNED SUBSTITUTE JUDGE, SHALL VACATE THE
CURRENT SENTENCE AND RESENTENCE THE PERSON UNDER THE APPROPRIATE GOVERN-
ING SECTION OF ARTICLE SEVENTY OF THE PENAL LAW OR, WHEN AUTHORIZED,
PURSUANT TO ARTICLE SIXTY-FIVE OF THE PENAL LAW. WHEN THE COURT GRANTING
YOUNG ADULT STATUS RELIEF UNDER THIS PARAGRAPH IS NOT THE SAME COURT
THAT IMPOSED THE SENTENCE CURRENTLY BEING SERVED, THE PERSON MAY MOVE IN
THE APPROPRIATE SENTENCING COURT FOR FURTHER RELIEF PURSUANT TO SECTIONS
440.10 AND 440.20 OF THIS ARTICLE. WHEN RELIEF IS GRANTED UNDER THE
CIRCUMSTANCES SPECIFIED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE
SENTENCING COURT SHALL ALSO MODIFY THE UNDERLYING CONVICTION TO THE
APPROPRIATE LESSER DEGREE CRIME.
3. A PERSON UNDER THE AGE OF TWENTY-SIX AT THE TIME THE OFFENSE WAS
COMMITTED WHO WOULD HAVE BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT TO
SUBDIVISION TWO OF SECTION 720.10 OF THIS CHAPTER OR AN "ELIGIBLE YOUNG
ADULT" PURSUANT TO SUBDIVISION TWO OF SECTION 721.10 OF THIS CHAPTER
MAY, AT ANY TIME ON NOTICE TO THE DISTRICT ATTORNEY, APPLY IN THE
SENTENCING COURT TO BE RESENTENCED TO YOUNG ADULT ADJUDICATION IN
ACCORDANCE WITH ARTICLE SEVEN HUNDRED TWENTY-ONE OF THIS CHAPTER. A
PERSON WHO IS ELIGIBLE FOR AUTOMATIC YOUNG ADULT ADJUDICATION PURSUANT
TO SUBDIVISION ONE OF THIS SECTION MAY NEVERTHELESS AFFIRMATIVELY PETI-
TION THE COURT FOR RESENTENCING BEFORE EXPIRATION OF THE SIX MONTH PERI-
OD SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
(A) IN DETERMINING WHETHER TO GRANT YOUNG ADULT STATUS ADJUDICATION,
THE COURT SHALL CONSIDER THE FACTORS SET FORTH IN SUBDIVISION THREE OF
SECTION 721.20 OF THIS CHAPTER AND SHALL ALSO CONSIDER ANY ADDITIONAL
EVIDENCE PRESENTED BY THE PERSON SEEKING RESENTENCING, INCLUDING:
(I) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE PETITIONER'S LAST
CONVICTION;
(II) THE CHARACTER OF THE PETITIONER, INCLUDING ANY MEASURES THAT THEY
HAVE TAKEN TOWARD REHABILITATION, SUCH AS PARTICIPATING IN TREATMENT
PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING IN COMMUNITY SERVICE OR
OTHER VOLUNTEER PROGRAMS;
(III) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR WHICH THE
PETITIONER IS SEEKING RELIEF;
S. 4330--A 10
(IV) THE IMPACT OF SEALING THE PETITIONER'S RECORD UPON THEIR REHABIL-
ITATION AND UPON THEIR SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTE-
GRATION INTO SOCIETY; AND
(V) THE IMPACT OF COLLATERAL CONSEQUENCES OF THE CONVICTION ON THE
PETITIONER AND THEIR FAMILY.
(B) THE DISTRICT ATTORNEY MAY, WHERE APPLICABLE, CHALLENGE THE
PRESUMPTION TO GRANT YOUNG ADULT STATUS PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION 721.20 OF THIS CHAPTER.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT A PERSON'S
RIGHT TO SEEK RELIEF UNDER ANY OTHER PROVISION OF THIS ARTICLE OR UNDER
SUBDIVISION FIVE OF SECTION 720.20 OF THIS CHAPTER.
5. SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVISION
FOUR OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW, AND THE
RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW SHALL APPLY TO THE
PREPARATION AND PROCEEDINGS ON MOTIONS PURSUANT TO THIS SECTION, INCLUD-
ING ANY APPEALS.
§ 10. Section 450.10 of the criminal procedure law is amended by
adding a new subdivision 6 to read as follows:
6. AN ORDER DENYING A MOTION, MADE PURSUANT TO SECTION 440.49 OF THIS
TITLE, FOR A YOUNG ADULT ADJUDICATION.
§ 11. Section 60.02 of the penal law, as amended by chapter 471 of
the laws of 1980 and subdivision (4) as added by chapter 402 of the laws
of 2014, is amended to read as follows:
§ 60.02 Authorized disposition; youthful offender AND YOUNG ADULT FIND-
ING.
When a person is to be sentenced upon a youthful offender finding, the
court must impose a sentence as follows:
(1) If the sentence is to be imposed upon a youthful offender OR YOUNG
ADULT finding which has been substituted for a conviction of an offense
other than a felony, the court must impose a sentence authorized for the
offense for which the youthful offender OR YOUNG ADULT finding was
substituted, except that [if the youthful offender finding was entered
pursuant to paragraph (b) of subdivision one of section 720.20 of the
criminal procedure law] WHERE THE CONVICTION IS FOR A MISDEMEANOR, the
court must not impose a definite or intermittent sentence of imprison-
ment with a term of more than six months; or
(2) If the sentence is to be imposed upon a youthful offender OR YOUNG
ADULT finding which has been substituted for a conviction for any felo-
ny, the court must impose a sentence authorized to be imposed upon a
person convicted of a class E felony [provided, however, that the court
must not impose a sentence of conditional discharge or unconditional
discharge if the youthful offender finding was substituted for a
conviction of a felony defined in article two hundred twenty of this
chapter].
[(4)] (3) Notwithstanding any other provision of law in this section,
if the sentence is to be imposed upon a youthful offender OR YOUNG ADULT
finding which has been substituted for a conviction of prostitution or
loitering for the purposes of prostitution provided that the person does
not stand charged with loitering for the purpose of patronizing a pros-
titute, and such offense occurred when the person was sixteen or seven-
teen years of age, the court must impose a sentence authorized to be
imposed upon a person convicted of a violation as defined in subdivision
three of section 10.00 of the penal law and where the court imposes a
revocable sentence authorized for a violation may order any of the
specialized services enumerated in title eight-A of article six of the
social services law or other appropriate services made available to
S. 4330--A 11
persons in need of supervision in accordance with article seven of the
family court act.
§ 12. Subdivision 4 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
4. Exception. The provisions of this section shall not apply to a
corporation, OR TO A YOUTHFUL OFFENDER FINDING AS DEFINED IN SECTION
720.10 OF THE CRIMINAL PROCEDURE LAW OR A YOUNG ADULT FINDING AS DEFINED
IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
§ 13. Subdivision 6 of section 80.05 of the penal law is amended to
read as follows:
6. Exception. The provisions of this section shall not apply to a
corporation, OR TO A YOUTHFUL OFFENDER FINDING AS DEFINED IN SECTION
720.10 OF THE CRIMINAL PROCEDURE LAW OR A YOUNG ADULT FINDING AS DEFINED
IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
§ 14. Subdivision 4 of section 340.40 of the criminal procedure law,
as amended by chapter 806 of the laws of 2021, is amended to read as
follows:
4. Notwithstanding any other provision of law, [in any local criminal
court] the trial of a person who is an eligible youth within the meaning
of the youthful offender procedure set forth in article seven hundred
twenty of this chapter [and who has not prior to commencement of the
trial been convicted of a crime or adjudicated a youthful offender must
be] SHALL BE A JURY TRIAL OR, WHERE THE ELIGIBLE YOUTH HAS WAIVED A JURY
TRIAL PURSUANT TO SECTION 320.10 OF THIS PART, a single judge trial.
§ 15. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law and shall apply
to any criminal case pending on such effective date.
