§ 720.20 — Youthful offender determination; when and how made; procedure thereupon

New York § 720.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title U: Special Proceedings Which Replace, Suspend or Abate Criminal Actions
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 720: Youthful Offender Procedure

Text

§ 720.20 Youthful offender determination; when and how made; procedure\n thereupon.\n 1. Upon conviction of an eligible youth, the court must order a\npre-sentence investigation of the defendant. After receipt of a written\nreport of the investigation and at the time of pronouncing sentence the\ncourt must determine whether or not the eligible youth is a youthful\noffender. Such determination shall be in accordance with the following\ncriteria:\n (a) If in the opinion of the court the interest of justice would be\nserved by relieving the eligible youth from the onus of a criminal\nrecord and by not imposing an indeterminate term of imprisonment of more\nthan four years, the court may, in its discretion, find the eligible\nyouth is a youthful offender; and\n (b) Where the conviction is had in a local criminal court and the\neligible youth had not prior to commencement of trial or entry of a plea\nof guilty been convicted of a crime or found a youthful offender, the\ncourt must find he is a youthful offender.\n 2. Where an eligible youth is convicted of two or more crimes set\nforth in separate counts of an accusatory instrument or set forth in two\nor more accusatory instruments consolidated for trial purposes, the\ncourt must not find him a youthful offender with respect to any such\nconviction pursuant to subdivision one of this section unless it finds\nhim a youthful offender with respect to all such convictions.\n 3. Upon determining that an eligible youth is a youthful offender, the\ncourt must direct that the conviction be deemed vacated and replaced by\na youthful offender finding; and the court must sentence the defendant\npursuant to section 60.02 of the penal law.\n 4. Upon determining that an eligible youth is not a youthful offender,\nthe court must order the accusatory instrument unsealed and continue the\naction to judgment pursuant to the ordinary rules governing criminal\nprosecutions.\n 5. (a) An individual who was an eligible youth who was not determined\nto be a youthful offender by the sentencing court may apply to the\nsentencing court for a new determination after at least five years have\npassed since the imposition of the sentence for which such individual\nwas not determined to be a youthful offender, or, if the individual was\nsentenced to a period of incarceration, including a period of\nincarceration imposed in conjunction with a sentence of probation, the\nindividual's latest release from incarceration, provided that such\nindividual has not been convicted of any new crime since the imposition\nof such sentence.\n (b) In considering whether such individual should be determined to be\na youthful offender pursuant to paragraph (a) of this subdivision, the\ncourt shall consider the following factors:\n (i) whether relieving the individual from the onus of a criminal\nrecord would facilitate rehabilitation and successful reentry and\nreintegration into society;\n (ii) the manner in which the crime was committed;\n (iii) the role of the individual in the crime which resulted in the\nconviction;\n (iv) the individual's age at the time of the crime;\n (v) the length of time since the crime was committed;\n (vi) any mitigating circumstances at the time the crime was committed;\n (vii) the individual's criminal record;\n (viii) the individual's attitude toward society and respect for the\nlaw; and\n (ix) evidence of rehabilitation and demonstration of living a\nproductive life including, but not limited to participation in\neducational and vocational programs, employment history, alcohol and\nsubstance abuse treatment, and family and community involvement.\n (c) A copy of an application filed under this subdivision shall be\nserved upon the district attorney of the county in which the individual\nwas convicted. The district attorney shall notify the court within\nforty-five days if he or she objects to the application for sealing. The\ncourt may hold a hearing on the application on its own motion or on\nmotion of the district attorney or the individual filing the\napplication. If the district attorney does not file a timely objection,\nthe court shall proceed forthwith.\n