NCJ Number
50878
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (FALL/WINTER 1977) Pages: 121-124
Date Published
1977
Length
4 pages
Annotation
AN OVERVIEW OF YOUTHFUL OFFENDER (YO) STATUS IN NEW YORK CITY INCLUDES DISCUSSION OF ELIGIBILITY, SENTENCING, BENEFITS OF YO DETERMINATION, AND PLEA BARGAINING; THE ARTICLE IS DIRECTED AT THE YOUTHS THEMSELVES.
Abstract
A PERSON IS ELIGIBLE FOR YOUTHFUL OFFENDER (YO) TREATMENT IN CRIMINAL COURT AND THE SUPREME COURT IF THE FOLLOWING CRITERIA ARE MET: (1) AGED 16 TO 18 AS OF THE DAY OF THE ALLEGED OFFENSE; (2) NO INDICTMENT FOR CLASS A-I OR A-II FELONY PUNISHABLE BY DEATH OR LIFE IMPRISONMENT; AND (3) NO PREVIOUS CONVICTION OR SENTENCE FOR A FELONY. SOME JUDGES, HOWEVER, DO GRANT YO STATUS TO PERSONS ACCUSED OF A-I OR A-II FELONIES. THE DETERMINATION IS MADE AFTER CONVICTION AND BEFORE SENTENCING. IF IT IS A FIRST MISDEMEANOR, A YO FINDING BY THE JUDGE IS MANDATORY. SENTENCING WILL BE DETERMINED AS FOLLOWS: PROBATION, CONDITIONAL DISCHARGE, OR INTERMITTENT IMPRISONMENT; IMPRISONMENT, FINE OR BOTH; OR UNCONDITIONAL DISCHARGE. FUTURE STIGMA AND PRACTICAL CONSEQUENCES OF A CRIMINAL CONVICTION ARE AVOIDED BY ADJUDICATION AS A YOUTHFUL OFFENDER, AND YOUTHFUL OFFENDER RECORDS ARE SEALED. AS PART OF PLEA BARGAINING, IT IS SUGGESTED THAT A LAWYER SHOULD REQUEST YO STATUS FOR AN ELIGIBLE OFFENDER, AND THAT A PROMISE BE OBTAINED FROM THE DISTRICT ATTORNEY TO RECOMMEND ASSIGNMENT TO A REHABILITATION PROGRAM RATHER THAN IMPRISONMENT. A NUMBER OF REHABILITATION PROGRAMS ARE AVAILABLE AS AN ALTERNATIVE TO PRISON. THEY INVOLVE DRUG TREATMENT; NEIGHBORHOOD COUNSELING, EDUCATIONAL, VOCATIONAL, AND JOB SERVICES; AND RESIDENTIAL PROGRAMS. THE PRISONS TO WHICH NEW YORK CITY YOUTHFUL OFFENDERS ARE USUALLY SENT, AND WHETHER THEY ARE SEPARATED FROM ADULT PRISONERS THERE, ARE NOTED. (JCP)