MEMO IN SUPPORT OF

SECOND CHANCE FOR YOUTHFUL OFFENDER STATUS

A6769 (Hyndman) / S282 (Myrie)

May 17, 2021

Brooklyn Defender Services (BDS) strongly urges the New York State Legislature to pass The Second Chance For Youthful Offender Status Act, A6769 (Hyndman) / S282 (Myrie). This critical legislation would give young people the who were denied Youthful Offender (“YO”) status at the time of sentencing a second chance to apply for YO and, in turn, protect them from the long-term, devasting consequences of a criminal conviction.

BDS provides multi-disciplinary and client-centered defense practice, representing clients in criminal, family, immigration, and civil legal matters. Our attorneys, social workers and advocates represent and advocate for over 30,000 indigent Brooklyn residents every year. We have a dedicated Adolescent Representation Team that represents thousands of young people in Brooklyn who are arrested and face lifelong consequences of a criminal record.

SUMMARY OF LEGISLATION

This legislation adds a new subdivision 5 to Criminal Procedure Law section 720.20, providing that an individual who was eligible for YO status at the time of the commission of the offense, but was denied such status by the sentencing court, may apply for a new determination after at least five years have passed and if the individual has not been convicted of a new crime since the original sentence was imposed. The court shall consider factors including any mitigating circumstances at the time of the crime and whether relief from the onus of a criminal record would facilitate the individual's successful reintegration into society.

GROUNDS FOR SUPPORT

In New York, too many people experience the lifelong consequences of a criminal conviction for crimes committed in their youth. The barriers created by a criminal conviction undermine people’s futures and destabilize our communities. Given the enormous racial disparity in arrests, prosecution, and incarceration, these barriers are particularly devastating for Black, Latinx, and other communities of color. Increased access to YO status is both a community health and racial justice issue.

Youthful Offender Law

New York’s legal system has crucial protections for youth who are prosecuted in the adult court system for offenses committed prior to their 19^th birthday. These protections allow judges to replace a criminal conviction with a noncriminal adjudication by granting YO status. Youthful Offender adjudication seals a case, preventing it from appearing on a background check or serve as a barrier to employment, education, and housing. Youthful Offender status also protects immigrant youth from deportation and allows for a path to citizenship. Yet, under the current law, there is no provision that allows a person to petition the court for a second chance at YO adjudication regardless of how a young person’s circumstances and life may have changed since the original case. A young person who is denied YO status by the court at the time of sentencing will face the consequences of criminal conviction for the rest of his or her life.

Consequences of a Criminal Conviction

One of the most harmful effects of a criminal conviction is exposure to lifelong civil consequences. These consequences include a reduction in educational and employment opportunities, substantially reduced lifetime earnings, housing instability, and a higher likelihood of rearrest. According to a recent report from the Brennan Center, a criminal conviction affects people in more severe ways than previously realized. Specifically, people with a conviction who were sentenced to prison suffer a reduction in annual earning by an average of 52 percent; people convicted of a felony, but not imprisoned, suffer a reduction in annual earning by an average of 22 percent.¹ The report also indicated that reduction in earnings is worse in Black and Latino communities than in white communities.² Addressing the racially disparity impact the consequences of criminal conviction have on community stability are essential to New York’s commitment to racial equity and community health.

Adolescent Brain Development

The current YO law fails to adequately account for a young person’s ability grow and change. Nor does it reflect the scientific consensus that adolescent brain development continues into the mid 20s. Recent advances in neuroscience and psychology, which have been incorporated into both federal and state jurisprudence, have taught us that adolescence and early adulthood are crucial periods of exploration and brain development. Expanding access to YO status through enacting A6769 (Hyndman) / S282 (Myrie) is an important step for New York to take in light of our understanding of brain development and to mitigate the long-term burden of a conviction imposed on a young person under 19.

CONCLUSION

New York should expand protections for individuals who committed a crime in their youth by providing a second chance for YO status. This legislation would help eliminate barriers created by a criminal record, increase earning and educational opportunities, and make our communities stronger. Brooklyn Defender Services strongly supports the passage of A6769 (Hyndman) / S282 (Myrie).

If you have any question or comments about the testimony, please feel free to contact Molly Gallivan at mgallivan@bds.org or (646)246-4885.