Youthful offender status expanded by new law in NY
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New York Supreme Court Appellate Division, Second Department Judge Joseph Zayas wrote a decision in 2018 that prompted a legislator to write a bill that was signed into law by Governor Kathy Hochul this week. Eagle file photo by Andy Katz
By Jacob Kaye
New Yorkers convicted of a crime when they were 19 years old or younger but were denied the ability to seal their record under the current youthful offender laws will get a chance to reapply after Governor Kathy Hochul signed a new bill into law this week.
Those previously denied youthful offender status now have the opportunity to again appear before a judge and have their record made confidential and receive a reduced prison sentence.
"Far too many New Yorkers who made poor choices at a young age are forced to deal with the lifelong consequences of criminal convictions that deny them a second chance at a productive, fulfilling life," Hochul said in a statement. "Communities thrive when every member has the opportunity to contribute and it's time for New York to make the changes necessary for ensuring everybody has a fair shot at success.”
“Thanks to this legislation, we can now support those who have learned from their mistakes by doing away with the stigma of a criminal conviction, and giving them the opportunity to get back on their feet," the governor added.
Those who can apply for youthful offender status are people who would have been eligible for it had it been law when they were convicted. The current youthful offender law was enacted in October 2018, and allows for judges to grant the status to teens at sentencing, which will later allow them to seal their criminal record, even for most felonies.
In order to be eligible for the status, a person must be between the ages of 14 and 19 at the time the crime is committed, have no prior felony convictions and not been treated as a youthful offender before.
The legislation signed into law this week stems from a 2018 decision issued by then-Queens Supreme Court Justice Joseph Zayas, who now serves in the Appellate Division.
His decision centered around the case of a woman, identified by the court as Jane Doe, who was convicted of second-degree robbery when she was a 16-year-old in 1984. Seeking to get her record sealed, the woman was unsuccessful after Zayas was forced to deny her request because the charge was a violent felony and ineligible to be sealed.
“The Court, regrettably, is constrained to deny the motion because, as the People correctly contend, defendant's conviction of a violent felony offense makes her ineligible for sealing under the statute,” Zayas wrote in his December 2018 decision, adding that the state legislature should “consider amending [the law] to allow for the sealing of convictions of violent felony offenses committed by defendants who were eligible for youthful offender treatment, but did not receive it.”
After hearing about the case, then-Astoria Assemblymember Aravella Simots drafted legislation to address the issue.
“It’s not only about empathy but it’s also about common sense,” Simotas told the Eagle. “We don’t want recidivism, we want people to move forward and to eliminate the stigma of a criminal record.”
Though Simotas lost to now-Assemblymember Zohran Mamdani in the 2020 primary election for the seat, the legislation, which was sponsored by Sen. Zellnor Myrie in the Senate, was picked up by Queens Assemblymember Alicia Hyndman.
"Youth should be treated just as such in our legal system,” Hyndman said in a statement. “This legislation becoming law will give individuals convicted before turning 19 years of age, a crucial second chance to leave the stigma of a criminal record behind.”
“I would like to acknowledge my colleague Aravella Simotas for her relentless advocacy for this legislation over the years,” Hyndman added.
Simotas said she was “grateful to my former colleagues for understanding the importance of giving another chance.”
“All New Yorkers will now be able to live up to New York State’s motto ‘ever upward, excelsior,’” she said. “They will be able to move past their youthful mistakes and be able to live fruitful, productive lives and not have to constantly repay a debt to society.”
Nancy Ginsburg, the director of the Adolescent Intervention and Diversion Project at The Legal Aid Society, said the bill has “wide ranging racial, educational, economic equity aspects.”
Oftentimes people who are convicted of a crime when they are younger suffer the effects of that conviction long after they’ve served their sentence.
“These are people who have been struggling under the weight of the consequences of a single conviction,” Ginsburg said. “They’ll be able to have a second opportunity to make their case.”
The attorney said that the law also takes some of the pressure off judges, who will now be allowed to consider more information when making a decision.
“One of the things that I think is hard for judges sometimes, is to predict the future,” Ginsburg said. “What this bill does is relieves them of that pressure because individuals can come in basically explaining what they have done in the past and show a period of success in the community in the application under this law.”
Though he may no longer deal with youthful offender cases in Queens, Zayas appreciates the relief the law brings to judges nonetheless. He knows, first hand, the ways in which he was limited in applying the law in the past.
“It was frustrating as a judge,” Zayas told the Eagle.
Now removed from the case, and largely from the issue in his professional life altogether, Zayas said he was happy to see his decision play such a large role in a change that will hopefully improve the lives of New Yorkers.
“To know that you can write a decision following the law, you urge the legislature to amend the statute so that the intent of the sealing statute could be effectuated and to see them go through it is very gratifying,” Zayas said.
Simotas, who now works in the private sector and is also removed from the issue, expressed a similar sentiment.
“Every elected official, their number one focus should be leaving the state in a better position than they found it in,” Simotas said. “I’m incredibly proud that I was able to make my mark in the 10 years that I served and I’m so grateful that there are public servants who can continue my work.”
