BILL NUMBER: S8196

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the criminal procedure law, to expand judicial eligibil-
ity for presiding over designated youth parts

2. 
SOURCE OF BILL

This bill is being introduced at the request of the Unified Court
System, on the recommendation of the Chief Administrative Judge's Advi-
sory Committee on Criminal Law and Procedure.

3.  
PURPOSE OF BILL

This bill will amend the Criminal Procedure Law to permit Court of
Claims Judges, who are Acting Supreme Court Justices assigned to the
Criminal Term, to preside over designated Youth Parts.

4.  
SUMMARY OF PROVISIONS
              

Section 1 of the bill amends Criminal Procedure Law (CPL) 722.10(7) to
allow the Chief Administrator of the Courts to designate any superior
criminal court judge to preside over a youth part if they are determined
qualified based upon training and experience.

Section 2 of the bill renders it effective immediately upon enactment
into law.

5.  
JUSTIFICATION

This proposal would amend the Criminal Procedure Law (CPL) to permit
Court of Claims Judges and Supreme Court Justices outside of New York
City, who are Acting Supreme Court Justices assigned to the Criminal
Term, to preside over designated Youth Parts. This would immediately
expand the number of qualified judges who can serve in the Youth Parts
under the Raise the Age Law (-RTA Law") by relaxing the current statuto-
ry requirement that all such Youth Part Judges be Family Court Judges.
Judges presiding over youth parts require special sensitivities and
skills as well as relatability to the youth appearing before them.
Broadening the base of judges from whom the UCS can select to staff
these parts will provide better flexibility and results.

The RTA law requires that a Family Court Judge or an individual tempo-
rarily assigned as an Acting Family Court Judge preside over the Youth
Part of Supreme Court for Adolescent and Juvenile Offenders.  See CPL
722.10(1). It is constitutionally permissible for a Supreme Court
Justice within New York City, a NYC Criminal or Civil Court Judge, a
County Court Judge, and/or a City Court Judge to be temporarily assigned
to the Family Court. See N.Y. Const. art. VI, § 26(a), (c), (g), (j)(2).
A Supreme Court Justice outside of New York City and all Court of Claims
Judges, by contrast, may not be designated, Acting Family Court Judges
under Section 26 of Article VI. See N.Y. Const. art. VI, § 26(a), (b),,
Allowing Court of Claims Judges and Supreme Court Justices outside of
New York City to serve as Youth Part Judges, therefore, would require
either an amendment to Article VI of the New York Constitution or
revision of CPL 722.10(1).

This proposal pursues the latter approach and would amend the RTA Law to
allow all judges of the superior criminal courts whom the Chief Adminis-
trative Judge has deemed qualified-based upon training and experience-to
be Youth Part Judges, regardless of whether they could constitutionally
be designated temporarily to sit in the Family Court.

6.  
PRIOR LEGISLATIVE HISTORY

This is a new proposal.

7.  
FISCAL IMPLICATIONS

None.

8.  
EFFECTIVE DATE
This bill would take effect immediately.