Bill Text: NY A10257 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the age of criminal responsibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-16 - referred to codes [A10257 Detail]
Download: New_York-2011-A10257-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10257 I N A S S E M B L Y May 16, 2012 ___________ Introduced by M. of A. LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the executive law, the judi- ciary law and the penal law, in relation to the age of criminal responsibility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature finds and declares 2 that, each year, approximately 50,000 youths aged 16 and 17 are arrested 3 in New York and prosecuted as adults in its criminal courts, overwhelm- 4 ingly for non-felony offenses. As many studies over the past decade have 5 shown, however, the adult criminal justice system does not effectively 6 respond to teenage criminal behavior. It is costly and largely ill-suit- 7 ed to the challenges such crime presents. Accordingly, this measure aims 8 to provide a distinctly new, more effective response to teenage criminal 9 behavior. 10 Modern behavioral neuroscience confirms that the brains of teenagers 11 are not yet matured; they lack impulse control and can neither make 12 fully-reasoned judgments nor weigh the risks and consequences of their 13 behavior. It is now understood that teenage offenders should be treated 14 differently from older criminals because their offenses are not as 15 "morally reprehensible as that of an adult." Moreover, as other states 16 nationwide have learned, and as the legislature now recognizes, teenag- 17 ers are better candidates for rehabilitation and more likely to benefit 18 from alternatives-to-incarceration programs and locally-based services. 19 Experience in other states has shown that recidivism among teenage 20 offenders drops markedly when the latter are treated with appropriate 21 intervention programs and services designed for teenagers rather than 22 with adult criminal sanctions. Indeed, where such programs and services 23 are utilized, all involved can benefit: the affected teenagers, many of 24 whom can thereby be steered away from a life of crime, and the public, 25 which, where these programs and services succeed, can be spared the 26 consequences and costs of such a life upon the community. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15292-03-2 A. 10257 2 1 This is not to say that 16- and 17-year-old offenders who commit seri- 2 ous offenses should not be held responsible for their actions. While 3 they may not be adults with fully mature minds, they should not be 4 entirely relieved of the potentially serious consequences of their 5 behavior. Echoing this view, the United States Supreme Court has held 6 that, even while young offenders ought not be held to adult criminal 7 justice penalties, they are not to be altogether absolved of responsi- 8 bility for their actions. 9 After considering the options available, the legislature finds and 10 declares that, at the present time and given present resources, the most 11 effective way of balancing the limits and needs of non-violent 16- and 12 17-year-old offenders with community needs and relevant penological 13 considerations is to decriminalize their offenses and to establish a 14 specialized forum within the state's superior courts in which those 15 offenses may be addressed, a forum that blends features of criminal 16 court and family court in a youth division of adult criminal court 17 presided over by judges specially trained in adolescent development, 18 child psychology and therapeutic approaches to child pathology and juve- 19 nile crime. In such fashion, young offenders can be afforded benefits 20 ideally suited to their youth and developmental status, benefits that 21 are an integral aspect of juvenile delinquency proceedings to which 22 younger offenders are subject in family court. These benefits include 23 ensuring that 16- and 17-year-old offenders will not be stigmatized with 24 criminal convictions and helping them confront the problems giving rise 25 to their offenses with programmatic intervention outside the traditional 26 criminal justice environment. This measure would establish the youth 27 division of superior court and prescribe the special procedures neces- 28 sary to its operation. 29 S 2. Subdivision 1 of section 1.10 of the criminal procedure law is 30 amended to read as follows: 31 1. The provisions of this chapter apply exclusively to: 32 (a) All criminal actions and proceedings commenced upon or after the 33 effective date thereof and all appeals and other post-judgment 34 proceedings relating or attaching thereto; [and] 35 (b) All matters of criminal procedure prescribed in this chapter 36 which do not constitute a part of any particular action or case, occur- 37 ring upon or after such effective date; AND 38 (C) ALL ACTIONS AND PROCEEDINGS COMMENCED PURSUANT TO THIS CHAPTER 39 AGAINST PERSONS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO ARE NOT CRIMINALLY 40 RESPONSIBLE FOR THE OFFENSES CHARGED IN SUCH ACTIONS AND PROCEEDINGS. 41 S 3. Section 1.20 of the criminal procedure law is amended by adding a 42 new subdivision 44 to read as follows: 43 44. "YOUTH DIVISION OFFENSE" MEANS A FELONY OR MISDEMEANOR, OTHER THAN 44 A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 45 OF THE PENAL LAW OR ANY OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION 46 EIGHTEEN OF SECTION 10.00 OF SUCH LAW, WHERE SUCH PERSON WAS AT LEAST 47 SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF THE 48 ALLEGED OFFENSE. 49 S 4. Subdivision 2 of section 30.20 of the criminal procedure law, as 50 amended by chapter 184 of the laws of 1972, is amended to read as 51 follows: 52 2. Insofar as is practicable, the trial of a criminal action must be 53 given preference over civil cases; and the trial of a criminal action 54 where the defendant has been committed to [the] custody [of the sheriff] 55 during the pendency of the criminal action must be given preference over 56 other criminal actions. A. 10257 3 1 S 5. The criminal procedure law is amended by adding a new article 155 2 to read as follows: 3 ARTICLE 155 4 ARREST OF PERSONS AGED SIXTEEN OR SEVENTEEN AT 5 THE TIME THE OFFENSE IS COMMITTED 6 SECTION 155.00 APPLICABILITY. 7 155.10 PROCEDURES UPON ARREST. 8 155.20 SPECIAL APPEARANCE TICKET. 9 S 155.00 APPLICABILITY. 10 THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO THE ARREST BY AN OFFICER 11 OF A PERSON FOR A YOUTH DIVISION OFFENSE. FOR PURPOSES OF THIS ARTICLE, 12 THE WORD "OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER. 13 S 155.10 PROCEDURES UPON ARREST. 14 1. UPON THE ARREST OF A PERSON FOR A YOUTH DIVISION OFFENSE, THE 15 ARRESTING OFFICER MUST IMMEDIATELY NOTIFY THE PARENT OR OTHER PERSON 16 LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S CARE OR, IF SUCH LEGALLY 17 RESPONSIBLE PERSON IS UNAVAILABLE, THE PERSON WITH WHOM THE ARRESTED 18 PERSON RESIDES, OF THE ARREST. AFTER MAKING A REASONABLE EFFORT TO 19 PROVIDE SUCH NOTIFICATION, THE OFFICER MUST: 20 (A) RELEASE THE ARRESTED PERSON TO THE CUSTODY OF HIS OR HER PARENT OR 21 OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE UPON THE ISSUANCE 22 OF A SPECIAL APPEARANCE TICKET IN ACCORDANCE WITH SECTION 155.20 TO THE 23 ARRESTED PERSON WITH A COPY THEREOF TO THE PERSON TO WHOSE CUSTODY HE OR 24 SHE IS RELEASED; OR 25 (B) WHERE EFFORTS TO REACH A PARENT OR OTHER PERSON LEGALLY RESPONSI- 26 BLE FOR THE ARRESTED PERSON'S CARE HAVE BEEN UNSUCCESSFUL, RELEASE THE 27 ARRESTED PERSON UPON THE ISSUANCE OF A SPECIAL APPEARANCE TICKET, IN 28 WHICH EVENT THE OFFICER SHALL MAIL A COPY OF SUCH APPEARANCE TICKET, 29 WITHIN TWENTY-FOUR HOURS OF ITS ISSUANCE, TO SUCH PARENT OR OTHER PERSON 30 LEGALLY RESPONSIBLE; OR 31 (C) WITHOUT UNNECESSARY DELAY, TAKE THE ARRESTED PERSON DIRECTLY TO 32 THE YOUTH DIVISION OF SUPERIOR COURT IN THE COUNTY IN WHICH THE ALLEGED 33 OFFENSE WAS COMMITTED UNLESS THE OFFICER DETERMINES THAT IT IS NECESSARY 34 TO QUESTION THE ARRESTED PERSON, IN WHICH CASE THE OFFICER MAY TAKE HIM 35 OR HER TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS 36 AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON THE CONSENT 37 OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE 38 ARRESTED PERSON, TO THE ARRESTED PERSON'S RESIDENCE AND THERE QUESTION 39 HIM OR HER FOR A REASONABLE PERIOD OF TIME. 40 NOTWITHSTANDING THE FOREGOING, WHERE IT APPEARS THAT THE ARRESTED PERSON 41 IS A SEXUALLY-EXPLOITED CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN 42 SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL 43 SERVICES LAW, THE ARRESTING OFFICER SHALL TAKE THE ARRESTED PERSON TO AN 44 AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF SUCH PERSON CONSENTS TO BE 45 TAKEN. 46 2. AN ARRESTED PERSON SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION 47 UNLESS HE OR SHE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS 48 SECTION, IF PRESENT, HAVE BEEN ADVISED OF THE ARRESTED PERSON'S RIGHT TO 49 REMAIN SILENT, THAT ANY STATEMENTS MADE BY THE ARRESTED PERSON COULD BE 50 USED IN A COURT OF LAW, THAT THE ARRESTED PERSON HAS THE RIGHT TO HAVE 51 AN ATTORNEY PRESENT AT SUCH QUESTIONING, AND THAT IF THE ARRESTED PERSON 52 CANNOT AFFORD AN ATTORNEY, ONE WILL BE PROVIDED FREE OF CHARGE. IN 53 DETERMINING WHETHER THE ARRESTED PERSON KNOWINGLY AND INTELLIGENTLY 54 WAIVED ANY OF THESE RIGHTS, A COURT MAY CONSIDER, AMONG OTHER RELEVANT 55 FACTORS, THE ARRESTED PERSON'S AGE, THE PRESENCE OR ABSENCE OF HIS OR 56 HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND A. 10257 4 1 WHETHER THERE HAS BEEN NOTIFICATION OF THE PERSON REQUIRED TO BE NOTI- 2 FIED PURSUANT TO THIS SECTION. 3 S 155.20 SPECIAL APPEARANCE TICKET. 4 1. DEFINITION, FORM AND CONTENT. A SPECIAL APPEARANCE TICKET IS A 5 WRITTEN NOTICE ISSUED AND SUBSCRIBED BY AN OFFICER OR OTHER PUBLIC SERV- 6 ANT AUTHORIZED BY STATE LAW OR LOCAL LAW ENACTED PURSUANT TO THE 7 PROVISIONS OF THE MUNICIPAL HOME RULE LAW TO ISSUE THE SAME, DIRECTING A 8 DESIGNATED PERSON TO APPEAR AT THE PROBATION SERVICE FOR THE COUNTY IN 9 WHICH THE OFFENSE OR OFFENSES FOR WHICH THE SPECIAL APPEARANCE TICKET IS 10 ISSUED WERE ALLEGEDLY COMMITTED. A SPECIAL APPEARANCE TICKET, THE FORM 11 OF WHICH SHALL BE PRESCRIBED BY RULES OF THE CHIEF ADMINISTRATOR OF THE 12 COURTS, IS NOT AN APPEARANCE TICKET AS PROVIDED IN ARTICLE ONE HUNDRED 13 FIFTY AND THE PROVISIONS OF SUCH ARTICLE DO NOT APPLY TO IT. 14 2. WHEN AND BY WHOM ISSUED. WHENEVER AN OFFICER MAKES AN ARREST TO 15 WHICH THIS ARTICLE APPLIES, SUCH OFFICER MAY, SUBJECT TO THE PROVISIONS 16 OF THIS ARTICLE, ISSUE AND SERVE A SPECIAL APPEARANCE TICKET UPON THE 17 ARRESTED PERSON. 18 3. FILING WITH THE PROBATION SERVICE. WHENEVER AN OFFICER ISSUES A 19 SPECIAL APPEARANCE TICKET PURSUANT TO THIS ARTICLE, HE OR SHE, WITHIN 20 TWENTY-FOUR HOURS, MUST FILE OR CAUSE TO BE FILED A COPY WITH THE 21 PROBATION SERVICE TO WHICH THE SPECIAL APPEARANCE TICKET IS RETURNABLE 22 AND SHALL FORWARD A COPY TO THE COMPLAINANT AND THE ARRESTED PERSON'S 23 PARENT. 24 4. FAILURE TO APPEAR AT THE PROBATION SERVICE. IF, AFTER RECEIVING A 25 SPECIAL APPEARANCE TICKET, A PERSON FAILS TO APPEAR AT THE PROBATION 26 SERVICE AT THE TIME SUCH SPECIAL APPEARANCE TICKET IS RETURNABLE, OR IF 27 THE COMPLAINANT WHO RECEIVED A COPY OF SUCH SPECIAL APPEARANCE TICKET 28 FAILS TO APPEAR AT SUCH TIME, THE PROBATION SERVICE MAY ATTEMPT TO 29 SECURE THE ATTENDANCE OF SUCH PERSON OR SUCH COMPLAINANT, AS APPROPRI- 30 ATE, THROUGH WRITTEN, TELEPHONIC OR ELECTRONIC NOTIFICATION. IF SUCH 31 NOTIFICATION IS UNSUCCESSFUL, OR IF NO EFFORTS AT NOTIFICATION ARE MADE, 32 THE PROBATION SERVICE, NOT LATER THAN SEVEN DAYS FOLLOWING THE TIME THE 33 SPECIAL APPEARANCE TICKET WAS RETURNABLE, MUST NOTIFY THE DISTRICT 34 ATTORNEY WHO MAY THEREUPON TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, 35 IN HIS OR HER DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH 36 THE YOUTH DIVISION OF THE SUPERIOR COURT. UPON SUCH FILING OF AN ACCUSA- 37 TORY INSTRUMENT, THE YOUTH DIVISION MAY ISSUE A SUMMONS OR A WARRANT OF 38 ARREST TO COMPEL THE ATTENDANCE OF THE PERSON WHO RECEIVED THE SPECIAL 39 APPEARANCE TICKET BEFORE THE COURT AND, WHERE IT DOES SO AND WHERE THE 40 PERSON FAILED TO APPEAR AT THE PROBATION SERVICE AT THE TIME SUCH 41 SPECIAL APPEARANCE TICKET WAS RETURNABLE, THE YOUTH DIVISION SHALL 42 REQUIRE THAT A REPORT BE MADE TO THE YOUTH DIVISION WITHIN THIRTY DAYS 43 ON THE EFFORTS MADE TO SECURE SUCH ATTENDANCE. UPON RECEIPT OF SUCH 44 REPORT, THE COURT SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY 45 RESPONSIBLE FOR CARE OF THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT 46 OR, IF SUCH LEGALLY RESPONSIBLE PERSON IS NOT AVAILABLE, A PERSON WITH 47 WHOM THE PERSON CHARGED IN SUCH ACCUSATORY INSTRUMENT RESIDES, AND 48 REQUEST THAT SUCH PERSON OR OTHER LEGALLY RESPONSIBLE PERSON APPEAR 49 BEFORE THE COURT. 50 S 6. Section 160.10 of the criminal procedure law is amended by adding 51 a new subdivision 1-a to read as follows: 52 1-A. THE PROVISIONS OF PARAGRAPHS (B) THROUGH (D) OF SUBDIVISION ONE 53 OF THIS SECTION SHALL NOT APPLY WHERE THE ARRESTED PERSON OR DEFENDANT 54 WAS SIXTEEN OR SEVENTEEN YEARS OF AGE AT THE TIME OF THE ALLEGED 55 OFFENSE. A. 10257 5 1 S 7. Section 160.20 of the criminal procedure law, as amended by chap- 2 ter 108 of the laws of 1973, is amended to read as follows: 3 S 160.20 Fingerprinting; forwarding of fingerprints. 4 1. Upon the taking of fingerprints of an arrested person or defendant 5 as prescribed in section 160.10, the appropriate police officer or agen- 6 cy must without unnecessary delay forward two copies of such finger- 7 prints to the division of criminal justice services. 8 2. (A) UPON RECEIPT OF FINGERPRINTS TAKEN PURSUANT TO SECTION 160.10 9 WHERE THE PERSON FROM WHOM THEY WERE TAKEN WAS SIXTEEN OR SEVENTEEN 10 YEARS OF AGE AT THE TIME OF THE ALLEGED OFFENSE OR OFFENSES, ALL OF 11 WHICH ARE YOUTH DIVISION OFFENSES, THE DIVISION OF CRIMINAL JUSTICE 12 SERVICES SHALL RETAIN SUCH FINGERPRINTS DISTINCTLY IDENTIFIABLE FROM 13 ADULT CRIMINAL RECORDS EXCEPT AS PROVIDED IN SECTION 722.50, AND SHALL 14 NOT RELEASE SUCH FINGERPRINTS TO A FEDERAL DEPOSITORY OR TO ANY PERSON 15 EXCEPT AS AUTHORIZED BY THIS CHAPTER. THE COMMISSIONER OF THE DIVISION 16 OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE REGULATIONS TO PROTECT THE 17 CONFIDENTIALITY OF SUCH FINGERPRINTS AND RELATED INFORMATION AND TO 18 PREVENT ACCESS THERETO, BY, AND THE DISTRIBUTION THEREOF TO, PERSONS NOT 19 AUTHORIZED BY LAW. 20 (B) UPON RECEIPT OF SUCH FINGERPRINTS, THE DIVISION OF CRIMINAL 21 JUSTICE SERVICES SHALL CLASSIFY THEM AND SEARCH ITS RECORDS FOR INFORMA- 22 TION CONCERNING A PREVIOUS RECORD OF THE PERSON ARRESTED, INCLUDING ANY 23 FAMILY COURT ADJUDICATION OR PENDING MATTER INVOLVING SUCH PERSON 24 ARRESTED. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY TRAN- 25 SMIT TO SUCH FORWARDING OFFICER OR AGENCY A REPORT CONTAINING ANY INFOR- 26 MATION ON FILE WITH RESPECT TO SUCH PERSON'S PREVIOUS RECORD OR FAMILY 27 COURT ADJUDICATIONS AND PENDING MATTERS OR A REPORT STATING THAT THE 28 PERSON ARRESTED HAS NO PREVIOUS RECORD ACCORDING TO ITS FILES. NOTWITH- 29 STANDING THE FOREGOING, WHERE THE DIVISION OF CRIMINAL JUSTICE SERVICES 30 HAS NOT RECEIVED DISPOSITION INFORMATION WITHIN TWO YEARS OF AN ARREST, 31 IT SHALL, UNTIL SUCH INFORMATION OR UP-TO-DATE STATUS INFORMATION IS 32 RECEIVED, WITHHOLD THE RECORD OF THAT ARREST AND ANY RELATED ACTIVITY IN 33 DISSEMINATING CRIMINAL HISTORY INFORMATION. 34 S 8. The criminal procedure law is amended by adding a new article 722 35 to read as follows: 36 ARTICLE 722 37 PROCEEDINGS AGAINST SIXTEEN AND SEVENTEEN YEAR OLDS 38 AND CERTAIN OTHER INDIVIDUALS; ESTABLISHMENT OF YOUTH DIVISION AND 39 RELATED PROCEDURES 40 SECTION 722.00 ADJUSTMENT BY PROBATION SERVICE. 41 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED. 42 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF 43 GUILT. 44 722.30 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWED IN CERTAIN 45 PROCEEDINGS AGAINST CERTAIN OFFENDERS; REMOVAL TO FAMI- 46 LY COURT. 47 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMI- 48 NATION OF GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR 49 SEVENTEEN YEARS OLD AT THE TIME OF OFFENSE. 50 722.50 YOUTH DIVISION; DISPOSITION OF RECORDS UPON TERMINATION 51 OF ACTIONS OR PROCEEDINGS. 52 722.60 YOUTH DIVISION; PRIVACY OF RECORDS. 53 S 722.00 ADJUSTMENT BY PROBATION SERVICE. 54 1. THE PROBATION SERVICE SHALL MAKE ALL REASONABLE EFFORTS TO ADJUST 55 ANY OFFENSE FOR WHICH A PERSON HAS BEEN ARRESTED: A. 10257 6 1 (A) UPON THE APPEARANCE OF SUCH PERSON BEFORE SUCH PROBATION SERVICE 2 IN COMPLIANCE WITH A SPECIAL APPEARANCE TICKET ISSUED PURSUANT TO ARTI- 3 CLE ONE HUNDRED FIFTY-FIVE; OR 4 (B) PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT WHERE SUCH PERSON 5 WAS ARRESTED FOR A YOUTH DIVISION OFFENSE, AND (I) NO SPECIAL APPEARANCE 6 TICKET WAS ISSUED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OR (II) A 7 SPECIAL APPEARANCE TICKET WAS ISSUED BUT THE PERSON FAILED TO APPEAR AT 8 THE PROBATION SERVICE WHEN REQUIRED TO DO SO; OR 9 (C) AS ORDERED BY THE COURT. 10 NOTHING IN THIS SECTION SHALL PREVENT THE COMPLAINANT FROM REQUESTING 11 THAT THE DISTRICT ATTORNEY COMMENCE A CRIMINAL ACTION AGAINST A PERSON 12 WHO HAS BEEN ARRESTED FOR AN OFFENSE OR OFFENSES THAT A PROBATION 13 SERVICE IS ATTEMPTING TO ADJUST PURSUANT TO THIS SECTION WHILE SUCH 14 EFFORTS TO ADJUST ARE ONGOING. 15 2. (A) IN PURSUIT OF SUCH ADJUSTMENT, THE PROBATION SERVICE SHALL 16 CONFER WITH THE ARRESTED PERSON; HIS OR HER PARENT OR PARENTS OR OTHER 17 PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE; THE COMPLAIN- 18 ANT; AND ANY OTHER INTERESTED PERSONS. THE PROBATION SERVICE ALSO MAY 19 DIRECT THE ARRESTED PERSON TO COMPLY WITH CERTAIN CONDITIONS (WHICH MAY 20 INCLUDE RESTITUTION OR REPARATION, IF APPROPRIATE) AND PARTICIPATE IN 21 DESIGNATED PROGRAMS. IF, FOLLOWING SUCH EFFORTS, THE PROBATION SERVICE 22 DETERMINES THAT THE OFFENSE OR OFFENSES FOR WHICH SUCH PERSON HAS BEEN 23 ARRESTED SHOULD BE ADJUSTED, THE PROBATION SERVICE SHALL ADJUST SUCH 24 OFFENSE OR OFFENSES AND SHALL SO NOTIFY THE ARRESTED PERSON, HIS OR HER 25 PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE 26 ARRESTED PERSON'S CARE, THE COMPLAINANT, THE DISTRICT ATTORNEY AND THE 27 CLERK OF THE YOUTH DIVISION. UPON ADJUSTMENT OF AN OFFENSE HEREUNDER, NO 28 FURTHER ACTION MAY BE TAKEN AGAINST THE ARRESTED PERSON INVOLVED IN 29 RELATION TO SUCH OFFENSE OR OFFENSES PURSUANT TO THIS CHAPTER. 30 (B) THE FACT THAT A PERSON IS DETAINED SHALL NOT PROHIBIT THE 31 PROBATION SERVICE FROM ADJUSTING AN OFFENSE OR OFFENSES FOR WHICH SUCH 32 PERSON WAS ARRESTED. 33 3. (A) FOLLOWING EFFORTS TO ADJUST A CRIMINAL OFFENSE OR OFFENSES 34 UNDER THIS SECTION, WHICH SHALL NOT TAKE LONGER THAN TWO MONTHS WITHOUT 35 COURT PERMISSION (OR SUCH GREATER PERIOD AS THE COURT MAY PERMIT, NOT TO 36 EXCEED AN ADDITIONAL TWO MONTHS), THE PROBATION SERVICE MUST: 37 (I) ADJUST SUCH CRIMINAL OFFENSE OR OFFENSES, IN WHICH EVENT THE 38 PROBATION SERVICE MUST SO NOTIFY THE DISTRICT ATTORNEY, THE YOUTH DIVI- 39 SION, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND 40 EACH APPROPRIATE POLICE DEPARTMENT AND OTHER LAW ENFORCEMENT AGENCY 41 WHEREUPON THEY SHALL SEAL ALL RECORDS OF THE ARREST FOR SUCH OFFENSE OR 42 OFFENSES, AND DESTROY ANY PALMPRINTS OR FINGERPRINTS IN THEIR POSSESSION 43 OR CONTROL THAT WERE TAKEN FROM THE PERSON WHOSE OFFENSE OR OFFENSES 44 WERE ADJUSTED WHEN HE OR SHE WAS ARRESTED FOR SUCH OFFENSE OR OFFENSES; 45 OR 46 (II) NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PROBATION 47 SERVICE IS LOCATED, WITHIN FORTY-EIGHT HOURS OR THE NEXT COURT DAY, 48 WHICHEVER IS LATER, THAT EFFORTS TO ADJUST SUCH CRIMINAL OFFENSE OR 49 OFFENSES HAVE FAILED. UPON RECEIPT OF SUCH NOTIFICATION, THE DISTRICT 50 ATTORNEY MAY TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE, IN HIS OR HER 51 DISCRETION, THE FILING OF AN ACCUSATORY INSTRUMENT WITH THE YOUTH DIVI- 52 SION. 53 (B) WHERE THE PROBATION SERVICE ADJUSTS THE OFFENSE OR OFFENSES FOR 54 WHICH A PERSON HAS BEEN ARRESTED PURSUANT TO SUBPARAGRAPH (I) OF PARA- 55 GRAPH (A) OF THIS SUBDIVISION, AND SUCH PERSON IS DETAINED AT THE TIME, A. 10257 7 1 THE PROBATION SERVICE SHALL NOTIFY THE FACILITY IN WHICH SUCH PERSON IS 2 DETAINED TO RELEASE SUCH PERSON. 3 (C) UPON THE FAILURE OF A PERSON TO COMPLY WITH ANY CONDITION IMPOSED 4 BY THE PROBATION SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, 5 THE PROBATION SERVICE MAY REIMPOSE SUCH CONDITION, IMPOSE NEW CONDITIONS 6 OR DETERMINE THAT ALL REASONABLE EFFORTS TO ADJUST THE OFFENSE OR 7 OFFENSES HAVE FAILED AND PROCEED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF 8 PARAGRAPH (A) OF THIS SUBDIVISION. 9 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROBATION SERVICE 10 SHALL NOT TRANSMIT OR OTHERWISE DISCLOSE TO THE DISTRICT ATTORNEY ANY 11 STATEMENT MADE BY AN ARRESTED PERSON TO A PROBATION OFFICER, NOR SHALL 12 ANY STATEMENT OF AN ARRESTED PERSON MADE TO THE PROBATION SERVICE IN THE 13 COURSE OF EFFORTS PURSUANT TO THIS SECTION AT ADJUSTMENT OF A CRIMINAL 14 OFFENSE OR OFFENSES BE ADMITTED INTO EVIDENCE IN ANY CRIMINAL ACTION OR 15 PROCEEDING AGAINST SUCH PERSON OR IN ANY OTHER ACTION OR PROCEEDING 16 AGAINST SUCH PERSON IN THE YOUTH DIVISION. HOWEVER, THE PROBATION 17 SERVICE MAY MAKE A RECOMMENDATION REGARDING ADJUSTMENT OF A CRIMINAL 18 OFFENSE OR OFFENSES TO THE DISTRICT ATTORNEY AND PROVIDE SUCH INFORMA- 19 TION, INCLUDING ANY REPORT MADE BY THE ARRESTING OFFICER AND RECORD OF 20 PREVIOUS ADJUSTMENTS AND ARRESTS AS IT SHALL DEEM RELEVANT. 21 5. WHERE THE PROBATION SERVICE ADJUSTS A CRIMINAL OFFENSE OR OFFENSES 22 UNDER THIS SECTION AFTER AN ACCUSATORY INSTRUMENT CHARGING SUCH CRIMINAL 23 OFFENSE OR OFFENSES HAS BEEN FILED WITH OR TRANSFERRED TO THE YOUTH 24 DIVISION, THE YOUTH DIVISION, UPON NOTIFICATION OF SUCH ADJUSTMENT 25 PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF 26 THIS SECTION, MUST DISMISS SUCH ACCUSATORY INSTRUMENT PURSUANT TO PARA- 27 GRAPH (G) OF SUBDIVISION ONE OF SECTION 170.30 OR PARAGRAPH (I) OF 28 SUBDIVISION ONE OF SECTION 210.20, AS APPROPRIATE, AS IF A MOTION FOR 29 SUCH DISMISSAL HAD BEEN MADE BY DEFENDANT THEREUNDER. 30 6. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE PROCEDURES 31 TO BE FOLLOWED BY A PROBATION SERVICE IN DISCHARGE OF ITS RESPONSIBIL- 32 ITIES PURSUANT TO THIS SECTION. SUCH RULES ALSO SHALL PRESCRIBE STAND- 33 ARDS TO BE FOLLOWED BY A PROBATION SERVICE IN DETERMINING WHETHER TO 34 ADJUST A CRIMINAL OFFENSE OR OFFENSES PURSUANT TO THIS SECTION. 35 S 722.10 YOUTH DIVISION OF THE SUPERIOR COURT ESTABLISHED. 36 THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH, 37 IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL 38 JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH DIVISION OF THE 39 SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES 40 PRESIDING IN THE YOUTH DIVISION SHALL RECEIVE TRAINING IN SPECIALIZED 41 AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT 42 DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS- 43 SION BY ADOLESCENTS. WHERE THE PROVISIONS OF THE FAMILY COURT ACT ARE 44 INCLUDED OR INCORPORATED BY REFERENCE IN THIS ARTICLE, THE YOUTH DIVI- 45 SION MAY CONSIDER JUDICIAL INTERPRETATIONS OF SUCH PROVISIONS TO THE 46 EXTENT THAT THEY MAY ASSIST THE YOUTH DIVISION IN INTERPRETING THE 47 PROVISIONS OF THIS CHAPTER. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION 48 THREE OF SECTION 722.20, THE YOUTH DIVISION SHALL HAVE: 49 1. EXCLUSIVE PRELIMINARY AND TRIAL JURISDICTION OF ALL YOUTH DIVISION 50 OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT; 51 2. PRELIMINARY AND TRIAL JURISDICTION, CONCURRENT WITH LOCAL CRIMINAL 52 COURTS, OF ALL OFFENSES INCLUDED IN AN ACCUSATORY INSTRUMENT THAT CHARG- 53 ES A PERSON WITH ONE OR MORE CRIMES AT LEAST ONE OF WHICH IS NOT A YOUTH 54 DIVISION OFFENSE, WHERE SUCH PERSON WAS AT LEAST SIXTEEN YEARS OLD AND 55 LESS THAN EIGHTEEN YEARS OLD AT THE TIME HE OR SHE IS ALLEGED TO HAVE 56 COMMITTED THE OFFENSES CHARGED; AND A. 10257 8 1 3. JURISDICTION OVER ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS 2 REQUIRED BY THIS CHAPTER TO BE CONDUCTED IN SUPERIOR COURT. 3 S 722.20 YOUTH DIVISION; PROCEDURES PRIOR TO A DETERMINATION OF GUILT. 4 1. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF 5 THIS CHAPTER SHALL APPLY IN EACH ACTION OR PROCEEDING IN THE YOUTH DIVI- 6 SION OF SUPERIOR COURT. SOLELY FOR PURPOSES HEREOF, A PROCEEDING IN THE 7 YOUTH DIVISION SHALL BE DEEMED A CRIMINAL PROCEEDING, THE PERSON SUBJECT 8 TO SUCH PROCEEDING SHALL BE DEEMED A DEFENDANT AND THE CHARGES AGAINST 9 SUCH PERSON SHALL BE DEEMED CRIMINAL CHARGES; PROVIDED, HOWEVER, THAT IF 10 SPECIFIC OFFENSES CHARGED AGAINST A DEFENDANT DESCRIBED IN SUBDIVISION 11 ONE OF SECTION 722.40 RESULT IN A PLEA OF GUILTY OR SUCH A DEFENDANT IS 12 OTHERWISE FOUND GUILTY THEREOF, NO CONVICTION THEREOF SHALL BE ENTERED. 13 2. NOTWITHSTANDING THE PROVISIONS OF TITLE H OF THIS CHAPTER, WHERE A 14 DEFENDANT WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS 15 OLD AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED THE OFFENSES 16 CHARGED IN AN ACCUSATORY INSTRUMENT, ALL REFERENCES TO A LOCAL CRIMINAL 17 COURT IN SUCH TITLE SHALL BE DEEMED REFERENCES TO THE YOUTH DIVISION. 18 FOR THE PURPOSE OF EXERCISING PRELIMINARY JURISDICTION OVER AN ACTION OR 19 PROCEEDING PURSUANT TO SUCH TITLE, THE YOUTH DIVISION SHALL HAVE ALL THE 20 POWERS OF A LOCAL CRIMINAL COURT THEREUNDER. 21 3. WHERE THE YOUTH DIVISION IS NOT IN SESSION AND UNABLE TO ARRAIGN A 22 DEFENDANT, SUCH DEFENDANT MAY BE ARRAIGNED BEFORE ANY LOCAL CRIMINAL 23 COURT IN WHICH HE OR SHE COULD BE ARRAIGNED WERE HE OR SHE AT LEAST 24 EIGHTEEN YEARS OF AGE AT THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED 25 THE OFFENSE OR OFFENSES CHARGED IN AN ACCUSATORY INSTRUMENT; PROVIDED, 26 HOWEVER, IN SUCH EVENT AND UNLESS THE LOCAL CRIMINAL COURT INTENDS TO 27 DISMISS THE ACTION IMMEDIATELY THEREAFTER, SUCH LOCAL CRIMINAL COURT 28 MUST TRANSFER THE MATTER FORTHWITH TO THE YOUTH DIVISION AND SHALL MAKE 29 THE MATTER RETURNABLE IN THE YOUTH DIVISION ON THE NEXT DAY THE YOUTH 30 DIVISION IS IN SESSION AFTER ARRAIGNMENT IN THE LOCAL CRIMINAL COURT. 31 4. (A) UPON ANY OCCASION WHEN THE YOUTH DIVISION (OR A LOCAL CRIMINAL 32 COURT AS PROVIDED HEREUNDER WHEN THE YOUTH DIVISION IS NOT IN SESSION) 33 IS REQUIRED TO ISSUE A SECURING ORDER WITH RESPECT TO A PRINCIPAL WHO 34 WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF HIS OR HER ALLEGED 35 OFFENSE OR OFFENSES, AND SUCH OFFENSE OR OFFENSES ARE EXCLUSIVELY YOUTH 36 DIVISION OFFENSES, THE COURT MAY NOT COMMIT SUCH PRINCIPAL TO CUSTODY 37 UNLESS AVAILABLE LESS RESTRICTIVE ALTERNATIVES THERETO, INCLUDING CONDI- 38 TIONAL RELEASE, WOULD NOT BE APPROPRIATE. IF SUCH COURT DOES COMMIT SUCH 39 PRINCIPAL TO CUSTODY, SUCH COMMITMENT MUST BE IN A DETENTION FACILITY IN 40 WHICH A CHILD SUBJECT TO THE PROVISIONS OF ARTICLE THREE OF THE FAMILY 41 COURT ACT COULD BE DETAINED. 42 (B) ONCE A PRINCIPAL DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IS 43 COMMITTED TO CUSTODY, THE COURT SHALL MAKE THE FOLLOWING FINDINGS, WHICH 44 SHALL BE INCLUDED IN A WRITTEN ORDER AS REQUIRED BY FEDERAL LAW: 45 (I) WHETHER THE CONTINUATION OF THE PRINCIPAL OUTSIDE OF CUSTODY WOULD 46 BE CONTRARY TO HIS OR HER BEST INTERESTS BASED UPON, AND LIMITED TO, THE 47 FACTS AND CIRCUMSTANCES AVAILABLE TO THE COURT AT THE TIME OF THE 48 ARRAIGNMENT; AND 49 (II) WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF 50 THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE ON 51 WHICH THE PRINCIPAL WAS COMMITTED TO CUSTODY THAT RESULTED IN THE SECUR- 52 ING ORDER TO PREVENT OR ELIMINATE THE NEED FOR COMMITTING THE PRINCIPAL 53 TO CUSTODY OR, IF THE PRINCIPAL HAD BEEN COMMITTED TO CUSTODY PRIOR TO 54 ARRAIGNMENT, WHERE APPROPRIATE AND CONSISTENT WITH THE NEED FOR 55 PROTECTION OF THE COMMUNITY, WHETHER REASONABLE EFFORTS WERE MADE TO 56 MAKE IT POSSIBLE FOR THE PRINCIPAL TO BE RELEASED FROM CUSTODY. A. 10257 9 1 S 722.30 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWED IN CERTAIN 2 PROCEEDINGS AGAINST CERTAIN OFFENDERS; REMOVAL TO FAMILY 3 COURT. 4 1. UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY 5 INSTRUMENT AND PRIOR TO A JUDGMENT OF CONVICTION, THE YOUTH DIVISION OF 6 THE SUPERIOR COURT MAY DIRECT THAT ALL PROCEEDINGS AGAINST SUCH DEFEND- 7 ANT IN SUCH YOUTH DIVISION FOLLOWING A PLEA OF GUILTY OR OTHER DETERMI- 8 NATION OF GUILT, WHETHER OR NOT SUCH PLEA OR OTHER DETERMINATION SHALL 9 HAVE OCCURRED AT THE TIME OF SUCH MOTION, SHALL BE CONDUCTED IN ACCORD- 10 ANCE WITH THE PROVISIONS OF SECTION 722.40 IN ANY CASE WHERE SUCH 11 DEFENDANT: 12 (A) IS A JUVENILE OFFENDER AND THE CASE HAS NOT BEEN REMOVED TO FAMILY 13 COURT PURSUANT TO THIS CHAPTER; OR 14 (B) WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT 15 THE TIME HE OR SHE IS ALLEGED TO HAVE COMMITTED AN OFFENSE OR OFFENSES 16 CHARGED IN THE ACCUSATORY INSTRUMENT AT LEAST ONE OF WHICH IS A VIOLENT 17 FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE 18 PENAL LAW OR AN OFFENSE LISTED IN PARAGRAPH TWO OF SUBDIVISION EIGHTEEN 19 OF SECTION 10.00 OF SUCH LAW. 20 2. IN DETERMINING A MOTION PURSUANT TO SUBDIVISION ONE OF THIS 21 SECTION, THE YOUTH DIVISION MUST CONSIDER THE FACTORS SET FORTH IN 22 SUBDIVISION FOUR OF THIS SECTION AND MAY NOT GRANT SUCH A MOTION UNLESS 23 IT DETERMINES THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE; 24 PROVIDED, HOWEVER, THE YOUTH DIVISION MAY NOT GRANT SUCH A MOTION 25 UNLESS: 26 (A) THE YOUTH DIVISION FINDS SPECIFIC FACTORS, ONE OR MORE OF WHICH 27 REASONABLY SUPPORT SUCH MOTION, SHOWING: (I) MITIGATING CIRCUMSTANCES 28 THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED; 29 (II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME, THE 30 DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS 31 TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIEN- 32 CIES IN THE PROOF OF THE CRIME; 33 (B) AFTER CONSIDERATION OF THE FACTORS SET FORTH IN SUBDIVISION FOUR 34 OF THIS SECTION, THE YOUTH DIVISION DETERMINES THAT FURTHER PROCEEDINGS 35 IN RELATION TO THE DEFENDANT CONDUCTED IN ACCORDANCE WITH THE PROVISIONS 36 OF SECTION 722.40 WOULD BE IN THE INTERESTS OF JUSTICE; AND 37 (C) THE DISTRICT ATTORNEY CONSENTS THERETO. 38 3. (A) UPON MOTION OF THE DEFENDANT MADE AFTER FILING OF AN ACCUSATORY 39 INSTRUMENT AND PRIOR TO A JUDGEMENT OF CONVICTION, THE YOUTH DIVISION, 40 AFTER CONSIDERATION OF THE RELEVANT FACTORS SET FORTH IN SUBDIVISION 41 FOUR OF THIS SECTION AND IF THE YOUTH DIVISION DETERMINES THAT TO DO SO 42 WOULD BE IN THE INTEREST OF JUSTICE, MAY DIRECT THAT THE ACTION AGAINST 43 THE DEFENDANT BE REMOVED TO FAMILY COURT IN ANY CASE WHERE THE DEFENDANT 44 IS CHARGED IN THE YOUTH DIVISION EXCLUSIVELY WITH ONE OR MORE YOUTH 45 DIVISION OFFENSES AND: 46 (I) THE DEFENDANT IS A PARTY TO OR IS OTHERWISE A SUBJECT OF PENDING 47 PROCEEDINGS IN THE FAMILY COURT UNDER ARTICLE THREE, SEVEN, EIGHT, TEN, 48 TEN-A, TEN-B OR TEN-C OF THE FAMILY COURT ACT; OR 49 (II) THE COURT DETERMINES THAT THE DEFENDANT IS A SEXUALLY-EXPLOITED 50 CHILD UNDER THE AGE OF EIGHTEEN AS DEFINED IN SUBDIVISION ONE OF SECTION 51 FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW. 52 (B) WHERE THE YOUTH DIVISION DIRECTS REMOVAL OF AN ACTION TO FAMILY 53 COURT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, 54 THE PROVISIONS OF SUBDIVISIONS SIX THROUGH NINE OF SECTION 725.05 AND 55 SECTIONS 725.10 AND 725.15 OF THIS TITLE SHALL APPLY TO SUCH REMOVAL 56 PROVIDED THAT: A. 10257 10 1 (I) FOR PURPOSES OF SUBDIVISION SIX OF SECTION 725.05, "THE JUVENILE" 2 SHALL REFER TO THE DEFENDANT IN THE ACTION BEING REMOVED; AND 3 (II) NOTWITHSTANDING THE PROVISIONS OF ARTICLE THREE OF THE FAMILY 4 COURT ACT, UPON SUCH REMOVAL, THE FAMILY COURT SHALL HAVE AND SHALL 5 EXERCISE JURISDICTION OVER THE DEFENDANT IN THE PROCEEDING REQUIRED TO 6 BE ORIGINATED IN SUCH COURT PURSUANT TO SUBDIVISION ONE OF SECTION 7 725.10 AS IF THE DEFENDANT WERE OVER SEVEN AND LESS THAN SIXTEEN YEARS 8 OF AGE. 9 4. IN MAKING ITS DETERMINATION PURSUANT TO SUBDIVISION ONE OR THREE OF 10 THIS SECTION, THE YOUTH DIVISION SHALL, TO THE EXTENT APPLICABLE, EXAM- 11 INE INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING: 12 (A) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; 13 (B) THE EXTENT OF HARM CAUSED BY THE OFFENSE; 14 (C) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT 15 TRIAL; 16 (D) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, INCLUDING 17 HIS OR HER DEVELOPMENTAL AND COGNITIVE LEVELS; 18 (E) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE 19 AUTHORIZED FOR THE OFFENSE; 20 (F) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF 21 SECTION 722.40 MAY HAVE ON THE SAFETY OR WELFARE OF THE COMMUNITY AND 22 THE DEFENDANT'S NEEDS AND BEST INTERESTS; 23 (G) THE IMPACT THAT PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF 24 SECTION 722.40 WOULD HAVE UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIM- 25 INAL JUSTICE SYSTEM; 26 (H) WHERE THE COURT DEEMS IT APPROPRIATE, THE CONCERNS OF THE 27 COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND 28 (I) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION 29 IN A CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE. 30 5. THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF SECTION 210.45, 31 GOVERNING PROCEDURE ON A MOTION TO DISMISS AN INDICTMENT, SHALL APPLY TO 32 PROCEDURE UPON A MOTION PURSUANT TO SUBDIVISION ONE OR THREE OF THIS 33 SECTION. AFTER ALL PAPERS OF BOTH PARTIES HAVE BEEN FILED AND AFTER ALL 34 DOCUMENTARY EVIDENCE, IF ANY, HAS BEEN SUBMITTED, THE YOUTH DIVISION 35 MUST CONSIDER THE SAME FOR THE PURPOSE OF DETERMINING WHETHER THE MOTION 36 IS DETERMINABLE ON THE MOTION PAPERS SUBMITTED AND, IF NOT, MAY MAKE 37 SUCH INQUIRY AS IT DEEMS NECESSARY FOR THE PURPOSE OF MAKING A DETERMI- 38 NATION. 39 6. FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS SECTION, 40 ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE 41 DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST 42 HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTI- 43 MONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY. 44 7. (A) IF THE YOUTH DIVISION ORDERS THE PROCEEDINGS TO CONTINUE UNDER 45 THE PROVISIONS OF SECTION 722.40, IT SHALL STATE ON THE RECORD, IN 46 DETAIL AND NOT IN CONCLUSORY TERMS, THE FACTOR OR FACTORS UPON WHICH ITS 47 DETERMINATION IS BASED. 48 (B) THE DISTRICT ATTORNEY SHALL STATE UPON THE RECORD, IN DETAIL AND 49 NOT IN CONCLUSORY TERMS, THE REASONS FOR HIS OR HER CONSENT TO HAVE THE 50 PROCEEDINGS CONTINUE UNDER THE PROVISIONS OF SECTION 722.40. 51 S 722.40 YOUTH DIVISION; SPECIAL PROCEDURES FOLLOWING A DETERMINATION OF 52 GUILT FOR CERTAIN PERSONS WHO WERE SIXTEEN OR SEVENTEEN YEARS 53 OLD AT THE TIME OF OFFENSE. 54 1. IF A DEFENDANT WHO IS CHARGED IN THE YOUTH DIVISION OF A SUPERIOR 55 COURT WITH ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO IS ENTITLED TO 56 PROCEED PURSUANT TO THIS SECTION UPON GRANT OF A MOTION MADE PURSUANT TO A. 10257 11 1 SUBDIVISION ONE OF SECTION 722.30) PLEADS GUILTY TO SUCH OFFENSE OR 2 OFFENSES OR IS OTHERWISE FOUND GUILTY THEREOF, THE COURT SHALL SCHEDULE 3 A DISPOSITIONAL HEARING PURSUANT TO THIS SECTION. A DEFENDANT WHO 4 PLEADS GUILTY TO OR IS OTHERWISE FOUND GUILTY OF A CRIME THAT IS NOT A 5 YOUTH DIVISION OFFENSE SHALL NOT BE DEEMED "A DEFENDANT WHO IS CHARGED 6 IN THE YOUTH DIVISION OF A SUPERIOR COURT WITH ONE OR MORE YOUTH DIVI- 7 SION OFFENSES" FOR PURPOSES OF THIS SUBDIVISION NOTWITHSTANDING THAT, IN 8 THE SAME ACTION OR PROCEEDING, HE OR SHE PLEADS GUILTY TO OR IS OTHER- 9 WISE FOUND GUILTY OF ONE OR MORE OTHER OFFENSES THAT ARE YOUTH DIVISION 10 OFFENSES. 11 2. FOR PURPOSES OF THIS SECTION, A "DISPOSITIONAL HEARING" MEANS A 12 HEARING TO DETERMINE WHETHER THE DEFENDANT REQUIRES SUPERVISION, TREAT- 13 MENT OR CONFINEMENT. WHERE THE YOUTH DIVISION ORDERS A DISPOSITIONAL 14 HEARING PURSUANT TO THIS SECTION, ALL FURTHER PROCEEDINGS IN RELATION TO 15 THE DEFENDANT SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 16 PARTS FIVE AND SIX OF ARTICLE THREE OF THE FAMILY COURT ACT, PROVIDED 17 THAT REFERENCES THEREIN: 18 (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN 19 PROCEEDINGS IN THE YOUTH DIVISION, AND TO A "PRESENTMENT AGENCY" SHALL 20 MEAN TO THE DISTRICT ATTORNEY; 21 (B) TO A "DELINQUENCY PROCEEDING" OR TO A "DELINQUENCY CASE" SHALL 22 MEAN TO AN ACTION OR PROCEEDING IN A YOUTH DIVISION, AND TO A "FINDING 23 OF DELINQUENCY" SHALL MEAN TO A DETERMINATION OF GUILT; 24 (C) TO "SUBDIVISION ONE OF SECTION 345.1" SHALL MEAN SUBDIVISION ONE 25 OF THIS SECTION; 26 (D) TO "AN ORDER PURSUANT TO SECTION 315.3" SHALL MEAN TO AN ADJOURN- 27 MENT IN CONTEMPLATION OF DISMISSAL; AND 28 (E) TO "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO 29 OF THIS CHAPTER. 30 3. PROVIDED FURTHER THAT, FOR PURPOSES OF THIS SUBDIVISION, REFERENCES 31 CONTAINED IN SUBDIVISION SIX OF SECTION 355.3 OF THE FAMILY COURT ACT TO 32 A "RESPONDENT'S EIGHTEENTH BIRTHDAY" AND TO "THE CHILD'S TWENTY-FIRST 33 BIRTHDAY" SHALL MEAN TO A "DEFENDANT'S TWENTIETH BIRTHDAY" AND TO "THE 34 DEFENDANT'S TWENTY-THIRD BIRTHDAY", RESPECTIVELY. 35 S 722.50 YOUTH DIVISION; DISPOSITION OF RECORDS UPON TERMINATION OF 36 ACTIONS OR PROCEEDINGS. 37 1. WHERE, IN AN ACTION OR PROCEEDING PURSUANT TO THIS ARTICLE AGAINST 38 A DEFENDANT WHO WAS CHARGED IN THE YOUTH DIVISION OF A SUPERIOR COURT 39 EXCLUSIVELY WITH ONE OR MORE YOUTH DIVISION OFFENSES (OR WHO WAS ENTI- 40 TLED TO PROCEED PURSUANT TO SECTION 722.40 UPON GRANT OF A MOTION MADE 41 PURSUANT TO SUBDIVISION ONE OF SECTION 722.30), THE DEFENDANT PLEADS 42 GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH HE OR SHE WAS CHARGED OR IS 43 OTHERWISE DETERMINED TO BE GUILTY THEREOF, THE PROVISIONS OF SECTIONS 44 375.2, 380.1, 381.2 AND 381.3 OF THE FAMILY COURT ACT SHALL APPLY TO 45 DISPOSITION OF THE RECORDS OF SUCH ACTION OR PROCEEDING. FOR PURPOSES OF 46 THIS SECTION, REFERENCES IN SUCH SECTIONS OF THE FAMILY COURT ACT: 47 (A) TO A "RESPONDENT" OR TO A "CHILD" SHALL MEAN TO THE DEFENDANT IN 48 PROCEEDINGS IN THE YOUTH DIVISION; 49 (B) TO A "DELINQUENCY PROCEEDING" SHALL MEAN TO AN ACTION OR PROCEED- 50 ING IN A YOUTH DIVISION; 51 (C) TO A "PRESENTMENT AGENCY" OR THE "DIRECTOR OF THE APPROPRIATE 52 PRESENTMENT AGENCY" SHALL MEAN TO THE DISTRICT ATTORNEY; 53 (D) TO A "FINDING OF DELINQUENCY PURSUANT TO SUBDIVISION ONE OF 54 SECTION 352.1" OR TO A "FINDING OF JUVENILE DELINQUENCY" SHALL MEAN TO A 55 PLEA OF GUILTY TO THE OFFENSE OR OFFENSES WITH WHICH A DEFENDANT IS 56 CHARGED OR A VERDICT OF GUILTY THERETO AND TO "PERSON ADJUDICATED A A. 10257 12 1 JUVENILE DELINQUENT" SHALL MEAN TO A DEFENDANT WHO HAS MADE SUCH A PLEA 2 OR BEEN SUBJECT TO SUCH A VERDICT; 3 (E) TO "RESPONDENT'S SIXTEENTH BIRTHDAY" SHALL MEAN TO THE DEFENDANT'S 4 EIGHTEENTH BIRTHDAY; 5 (F) TO "THIS ARTICLE" SHALL MEAN TO ARTICLE SEVEN HUNDRED TWENTY-TWO 6 OF THIS CHAPTER; 7 (G) TO "FAMILY COURT" OR "COURT" SHALL MEAN TO THE YOUTH DIVISION. 8 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF SECTION 9 160.50, TERMINATION OF AN ACTION OR PROCEEDING IN THE YOUTH DIVISION 10 OTHER THAN BY A DEFENDANT'S PLEA OF GUILTY TO THE OFFENSE OR OFFENSES 11 WITH WHICH HE OR SHE WAS CHARGED OR BY A VERDICT OF GUILTY THERETO, 12 WHERE THE DEFENDANT WAS CHARGED WITH ONE OR MORE YOUTH DIVISION OFFENSES 13 (OR WHERE THE DEFENDANT WAS ENTITLED TO PROCEED PURSUANT TO SECTION 14 722.40 UPON GRANT OF A MOTION MADE PURSUANT TO SUBDIVISION ONE OF 15 SECTION 722.30), SHALL BE DEEMED A "TERMINATION OF A CRIMINAL ACTION OR 16 PROCEEDING AGAINST A PERSON IN FAVOR OF SUCH PERSON" FOR PURPOSES OF 17 SUCH SECTION 160.50. 18 3. WHERE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE TAKEN PURSUANT 19 TO SECTION 160.10 AND THE ACTION WAS SUBSEQUENTLY ADJUDICATED IN ACCORD- 20 ANCE WITH SECTION 722.40, THE CLERK OF THE YOUTH DIVISION SHALL FORWARD 21 OR CAUSE TO BE FORWARDED TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL 22 JUSTICE SERVICES NOTIFICATION OF SUCH ADJUDICATION AND SUCH RELATED 23 INFORMATION AS MAY BE REQUIRED BY SUCH COMMISSIONER. IF A DEFENDANT HAS 24 PLEADED GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF 25 OFFENSES OTHER THAN A FELONY, ALL SUCH FINGERPRINTS, PALMPRINTS, PHOTO- 26 GRAPHS, AND COPIES THEREOF, AND ALL INFORMATION RELATING TO SUCH ALLEGA- 27 TIONS OBTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO 28 SECTION 160.10 SHALL BE DESTROYED FORTHWITH. IF A DEFENDANT HAS PLEADED 29 GUILTY OR OTHERWISE BEEN DETERMINED TO HAVE BEEN GUILTY OF A FELONY, ALL 30 FINGERPRINTS AND RELATED INFORMATION OBTAINED BY THE DIVISION OF CRIMI- 31 NAL JUSTICE SERVICES PURSUANT TO SUCH SECTION SHALL BECOME PART OF SUCH 32 DIVISION'S PERMANENT ADULT CRIMINAL RECORD FOR THAT PERSON; PROVIDED, 33 HOWEVER, THAT WHEN SUCH PERSON REACHES THE AGE OF TWENTY-ONE, OR HAS 34 BEEN DISCHARGED FROM ANY PLACEMENT IMPOSED UNDER THIS ARTICLE, WHICHEVER 35 OCCURS LATER, AND HAS NO CRIMINAL CONVICTIONS OR PENDING CRIMINAL 36 ACTIONS WHICH ULTIMATELY TERMINATE IN A CRIMINAL CONVICTION, ALL FINGER- 37 PRINTS, PALMPRINTS, PHOTOGRAPHS, AND RELATED INFORMATION AND COPIES 38 THEREOF OBTAINED PURSUANT TO SECTION 160.10 IN THE POSSESSION OF THE 39 DIVISION OF CRIMINAL JUSTICE SERVICES, ANY POLICE DEPARTMENT, LAW 40 ENFORCEMENT AGENCY OR ANY OTHER AGENCY SHALL BE DESTROYED FORTHWITH. 41 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOTIFY THE AGENCY OR 42 AGENCIES WHICH FORWARDED FINGERPRINTS TO SUCH DIVISION PURSUANT TO 43 SECTION 160.10 OF THEIR OBLIGATION TO DESTROY THOSE RECORDS IN THEIR 44 POSSESSION. 45 S 722.60 YOUTH DIVISION; PRIVACY OF RECORDS. 46 THE RECORDS OF ANY PROCEEDING IN THE YOUTH DIVISION OF A SUPERIOR 47 COURT AGAINST A DEFENDANT WHO IS CHARGED IN SUCH COURT WITH ONE OR MORE 48 YOUTH DIVISION OFFENSES, UNLESS PERMITTED TO PROCEED IN ACCORDANCE WITH 49 SECTION 722.40 UPON A DETERMINATION MADE PURSUANT TO SECTION 722.30, 50 SHALL NOT BE OPEN TO INDISCRIMINATE PUBLIC INSPECTION. HOWEVER, THE 51 YOUTH DIVISION IN ITS DISCRETION IN ANY SUCH CASE MAY PERMIT THE 52 INSPECTION OF ANY PAPERS OR RECORDS. ANY DULY AUTHORIZED AGENCY, ASSOCI- 53 ATION, SOCIETY OR INSTITUTION TO WHICH A DEFENDANT IN SUCH A CASE IS 54 COMMITTED MAY CAUSE AN INSPECTION OF THE RECORD OF INVESTIGATION TO BE 55 HAD AND MAY IN THE DISCRETION OF THE COURT OBTAIN A COPY OF THE WHOLE OR 56 PART OF SUCH RECORD. A. 10257 13 1 S 9. Section 725.00 of the criminal procedure law, as amended by chap- 2 ter 411 of the laws of 1979, is amended to read as follows: 3 S 725.00 Applicability. 4 The provisions of this article apply in any case where a court directs 5 that an action or charge is to be removed to the family court under 6 section 180.75, 190.71, 210.43, 220.10, 310.85 [or], 330.25 OR 722.30 of 7 this chapter. 8 S 10. Subdivision 1 of section 243 of the executive law, as amended by 9 section 17 of part A of chapter 56 of the laws of 2010, is amended to 10 read as follows: 11 1. The office shall exercise general supervision over the adminis- 12 tration of probation services throughout the state, including probation 13 in family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT and shall 14 collect statistical and other information and make recommendations 15 regarding the administration of probation services in the courts. The 16 office shall endeavor to secure the effective application of the 17 probation system and the enforcement of the probation laws and the laws 18 relating to family courts AND IN THE YOUTH DIVISIONS OF SUPERIOR COURT 19 throughout the state. After consultation with the state probation 20 commission, the office shall recommend to the commissioner general rules 21 which shall regulate methods and procedure in the administration of 22 probation services, including investigation of defendants prior to 23 sentence, and children prior to adjudication, supervision, case work, 24 record keeping, and accounting, program planning and research so as to 25 secure the most effective application of the probation system and the 26 most efficient enforcement of the probation laws throughout the state. 27 Such rules shall provide that the probation investigations ordered by 28 the court in designated felony act cases under subdivision one of 29 section 351.1 of the family court act shall have priority over other 30 cases arising under articles three and seven of such act. When duly 31 adopted by the commissioner, such rules shall be binding upon all 32 probation officers and when duly adopted shall have the force and effect 33 of law, but shall not supersede rules that may be adopted pursuant to 34 the family court act. The office shall keep informed as to the work of 35 all probation officers and shall from time to time inquire into and 36 report upon their conduct and efficiency. The office may investigate the 37 work of any probation bureau or probation officer and shall have access 38 to all records and probation offices. The office may issue subpoenas to 39 compel the attendance of witnesses or the production of books and 40 papers. The office may administer oaths and examine persons under oath. 41 The office may recommend to the appropriate authorities the removal of 42 any probation officer. The office may from time to time publish reports 43 regarding probation including probation in family courts AND IN THE 44 YOUTH DIVISIONS OF SUPERIOR COURT, and the operation of the probation 45 system including probation in family courts AND IN THE YOUTH DIVISIONS 46 OF SUPERIOR COURT, and any other information regarding probation as the 47 office may determine provided expenditures for such purpose are within 48 amounts appropriated therefor. 49 S 11. Subdivision 3 of section 502 of the executive law, as amended by 50 section 1 of subpart B of part Q of chapter 58 of the laws of 2011, is 51 amended to read as follows: 52 3. "Detention" means the temporary care and maintenance of A PRINCIPAL 53 DESCRIBED IN SUBDIVISION FOUR OF SECTION 722.20 OF THE CRIMINAL PROCE- 54 DURE LAW WHO IS SUBJECT TO A SECURING ORDER PURSUANT TO SUCH LAW OR OF 55 youth held away from their homes pursuant to article three or seven of 56 the family court act, or held pending a hearing for alleged violation of A. 10257 14 1 the conditions of release from an office of children and family services 2 facility or authorized agency, or held pending a hearing for alleged 3 violation of the condition of parole as a juvenile offender, or held 4 pending return to a jurisdiction other than the one in which the youth 5 is held, or held pursuant to a securing order of a criminal court if the 6 youth named therein as principal is charged as a juvenile offender or 7 held pending a hearing on an extension of placement or held pending 8 transfer to a facility upon commitment or placement by a court. Only 9 alleged or convicted juvenile offenders who have not attained their 10 eighteenth birthday shall be subject to detention in a detention facili- 11 ty. ONLY PRINCIPALS DESCRIBED IN SUBDIVISION FOUR OF SECTION 722.20 OF 12 THE CRIMINAL PROCEDURE LAW WHO HAVE NOT ATTAINED THEIR TWENTIETH BIRTH- 13 DAY SHALL BE SUBJECT TO DETENTION IN A DETENTION FACILITY. 14 S 12. Subdivision 2 of section 212 of the judiciary law is amended by 15 adding a new paragraph (s) to read as follows: 16 (S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN SPECIALIZED AREAS 17 INVOLVING YOUTH INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLES- 18 CENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME 19 COMMITTED BY ADOLESCENTS; AND PROVIDING THAT, AS REQUIRED BY SECTION 20 722.10 OF THE CRIMINAL PROCEDURE LAW, EACH JUDGE OR JUSTICE WHO PRESIDES 21 IN THE YOUTH DIVISION OF A SUPERIOR COURT RECEIVE SUCH TRAINING. 22 S 13. Subdivision 1 of section 30.00 of the penal law, as amended by 23 chapter 481 of the laws of 1978, is amended to read as follows: 24 1. Except as provided in subdivision two OR TWO-A of this section, a 25 person less than [sixteen] EIGHTEEN years old is not criminally respon- 26 sible for conduct. 27 S 14. Section 30.00 of the penal law is amended by adding two new 28 subdivisions 2-a and 4 to read as follows: 29 2-A. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPON- 30 SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY OFFENSE AS PRESCRIBED IN 31 SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER OR AN OFFENSE LISTED IN 32 PARAGRAPH TWO OF SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THIS CHAPTER. 33 4. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS AT 34 LEAST SIXTEEN YEARS OLD AND LESS THAN EIGHTEEN YEARS OLD AT THE TIME HE 35 OR SHE IS ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME 36 IF COMMITTED BY A PERSON AT LEAST EIGHTEEN YEARS OLD SHALL BE SUBJECT TO 37 THE FILING OF CHARGES AND THE PROSECUTION THEREOF EXCLUSIVELY IN ACCORD- 38 ANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE 39 CRIMINAL PROCEDURE LAW. 40 S 15. This act shall take effect on the first day of November in the 41 second year following the date on which it shall have become a law and 42 shall apply to all arrests made and all actions and proceedings 43 commenced on or after such effective date; provided, however, at any 44 time on or after the date on which this act shall have become a law, the 45 state office of children and family services and the commissioner of the 46 division of criminal justice services, the latter upon the recommenda- 47 tion of the office of probation and correctional alternatives, may each 48 promulgate such rules and regulations as may be necessary to enable 49 implementation of this act on its effective date and such rules and 50 regulations shall take effect on such date as the promulgating agency 51 shall prescribe. The rules promulgated hereunder by the state office of 52 children and family services may require political subdivisions to 53 submit plans for the approval of secure and non-secure detention, alter- 54 natives to detention placement and dispositional alternatives for 55 defendants in the youth division of the superior court.