(a) conditionally convert such charge in accordance with subdivision
three of this section and retain it as a person in need of supervision
proceeding for all purposes, and shall make such proceeding fully
subject to the provisions and grant any relief available under article
seven of the family court act; and/or
(b) order the provision of any of the specialized services enumerated
in title eight-A of article six of the social services law, as may be
reasonably available.
2. In the event of a conviction by plea or verdict to such charge or
charges of prostitution or loitering for the purposes of prostitution as
described in subdivision one of this section, the court must find that
the person is a youthful offender for the purpose of such charge and
proceed in accordance with article seven hundred twenty of this chapter,
provided, however, that the available sentence shall be the sentence
that may be imposed for a violation as defined in subdivision three of
section 10.00 of the penal law. In such case, the records of the
investigation and proceedings relating to such charge shall be sealed in
accordance with section 720.35 of this chapter.
3. (a) When a charge of prostitution or loitering for the purposes of
prostitution has been conditionally converted to a person in need of
supervision proceeding pursuant to subdivision one of this section, the
defendant shall be deemed a "sexually exploited child" as defined in
subdivision one of section four hundred forty-seven-a of the social
services law and therefore shall not be considered an adult for purposes
related to the charges in the person in need of supervision proceeding.
Sections seven hundred eighty-one, seven hundred eighty-two, seven
hundred eighty-two-a, seven hundred eighty-three and seven hundred
eighty-four of the family court act shall apply to any proceeding
conditionally converted under this section.
(b) The court after hearing from the parties shall state the condition
or conditions of such conversion, which may include the individual's
participation in specialized services provided pursuant to title eight-A
of article six of the social services law and other appropriate services
available to persons in need of supervision in accordance with article
seven of the family court act.
(c)(i) The court may, upon written application by the people at any
time during the pendency of the person in need of supervision proceeding
or during any disposition thereof, but in no event later than the
individual's eighteenth birthday, restore the accusatory instrument if
the court is satisfied by competent proof that the individual, without
just cause, is not in substantial compliance with the condition or
conditions of the conversion.
(ii) Notice of such an application to restore an accusatory instrument
shall be served on the person and his or her counsel by the court. The
notice shall include a statement setting forth a reasonable description
of why the person is not in substantial compliance with the condition or
conditions of the conversion and a date upon which such person shall
appear before the court. The court shall afford the person the right to
counsel and the right to be heard. Upon such appearance, the court must
advise the person of the contents of the notice and the consequences of
a finding of failure to substantially comply with the conditions of
conversion. At the time of such appearance the court must ask the person
whether he or she wishes to make any statement with respect to such
alleged failure to substantially comply. In determining whether such
person has failed to substantially comply with the terms of the
conversion, the court shall conduct a hearing at which time such person
may cross-examine witnesses and present evidence on his or her own
behalf. Any findings the court shall make, shall be made on the court
record. If the court finds that such person did not substantially
comply, it may restore the accusatory instrument pursuant to
subparagraph (i) of this paragraph, modify the terms of conversion in
accordance with this section or otherwise continue such terms as in its
discretion it deems just and proper.
(iii) If such accusatory instrument is restored pursuant to
subparagraph (i) of this paragraph, the proceeding shall continue in
accordance with subdivision two of this section. If the individual does
not comply with services or does not return to court, the individual
shall be returned in accordance with the provisions of article seven of
the family court act.
4. At the conclusion of a person in need of supervision proceeding
pursuant to this section, all records of the investigation and
proceedings relating to such proceedings, including records created
before the charge was conditionally converted, shall be sealed in
accordance with section 720.35 of this chapter.
Structure New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
170.15 - Removal of Action From One Local Criminal Court to Another.
170.50 - Motion in Superior Court to Dismiss Prosecutor's Information.
170.55 - Adjournment in Contemplation of Dismissal.
170.56 - Adjournment in Contemplation of Dismissal in Cases Involving Marihuana.
170.60 - Requirement of Plea to Information, Simplified Information or Prosecutor's Information.
170.65 - Replacement of Misdemeanor Complaint by Information and Waiver Thereof.
170.70 - Release of Defendant Upon Failure to Replace Misdemeanor Complaint by Information.