N.Y. CPL Law § 170.80 — New York Code / Act CPL / Part 2 / Title H / Article 170 / Section 170.80
Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen
Status: in_force

§ 170.80 Proceedings regarding certain prostitution charges; certain\n           persons aged sixteen or seventeen.\n  1. Notwithstanding any other provision of law, at any time at or after\narraignment on a charge of prostitution pursuant to section 230.00 of\nthe penal law, after consultation with counsel, a knowing and voluntary\nplea of guilty has been entered to such charge, any judge or justice\nhearing any stage of such case may, upon consent of the defendant after\nconsultation with counsel:\n  (a) conditionally convert such charge in accordance with subdivision\nthree of this section and retain it as a person in need of supervision\nproceeding for all purposes, and shall make such proceeding fully\nsubject to the provisions and grant any relief available under article\nseven of the family court act; and/or\n  (b) order the provision of any of the specialized services enumerated\nin title eight-A of article six of the social services law, as may be\nreasonably available.\n  2. In the event of a conviction by plea or verdict to such charge or\ncharges of prostitution or loitering for the purposes of prostitution as\ndescribed in subdivision one of this section, the court must find that\nthe person is a youthful offender for the purpose of such charge and\nproceed in accordance with article seven hundred twenty of this chapter,\nprovided, however, that the available sentence shall be the sentence\nthat may be imposed for a violation as defined in subdivision three of\nsection 10.00 of the penal law. In such case, the records of the\ninvestigation and proceedings relating to such charge shall be sealed in\naccordance with section 720.35 of this chapter.\n  3. (a) When a charge of prostitution or loitering for the purposes of\nprostitution has been conditionally converted to a person in need of\nsupervision proceeding pursuant to subdivision one of this section, the\ndefendant shall be deemed a "sexually exploited child" as defined in\nsubdivision one of section four hundred forty-seven-a of the social\nservices law and therefore shall not be considered an adult for purposes\nrelated to the charges in the person in need of supervision proceeding.\nSections seven hundred eighty-one, seven hundred eighty-two, seven\nhundred eighty-two-a, seven hundred eighty-three and seven hundred\neighty-four of the family court act shall apply to any proceeding\nconditionally converted under this section.\n  (b) The court after hearing from the parties shall state the condition\nor conditions of such conversion, which may include the individual's\nparticipation in specialized services provided pursuant to title eight-A\nof article six of the social services law and other appropriate services\navailable to persons in need of supervision in accordance with article\nseven of the family court act.\n  (c)(i) The court may, upon written application by the people at any\ntime during the pendency of the person in need of supervision proceeding\nor during any disposition thereof, but in no event later than the\nindividual's eighteenth birthday, restore the accusatory instrument if\nthe court is satisfied by competent proof that the individual, without\njust cause, is not in substantial compliance with the condition or\nconditions of the conversion.\n  (ii) Notice of such an application to restore an accusatory instrument\nshall be served on the person and his or her counsel by the court. The\nnotice shall include a statement setting forth a reasonable description\nof why the person is not in substantial compliance with the condition or\nconditions of the conversion and a date upon which such person shall\nappear before the court. The court shall afford the person the right to\ncounsel and the right to be heard. Upon such appearance, the court must\nadvise the person of the contents of the notice and the consequences of\na finding of failure to substantially comply with the conditions of\nconversion. At the time of such appearance the court must ask the person\nwhether he or she wishes to make any statement with respect to such\nalleged failure to substantially comply. In determining whether such\nperson has failed to substantially comply with the terms of the\nconversion, the court shall conduct a hearing at which time such person\nmay cross-examine witnesses and present evidence on his or her own\nbehalf. Any findings the court shall make, shall be made on the court\nrecord. If the court finds that such person did not substantially\ncomply, it may restore the accusatory instrument pursuant to\nsubparagraph (i) of this paragraph, modify the terms of conversion in\naccordance with this section or otherwise continue such terms as in its\ndiscretion it deems just and proper.\n  (iii) If such accusatory instrument is restored pursuant to\nsubparagraph (i) of this paragraph, the proceeding shall continue in\naccordance with subdivision two of this section. If the individual does\nnot comply with services or does not return to court, the individual\nshall be returned in accordance with the provisions of article seven of\nthe family court act.\n  4. At the conclusion of a person in need of supervision proceeding\npursuant to this section, all records of the investigation and\nproceedings relating to such proceedings, including records created\nbefore the charge was conditionally converted, shall be sealed in\naccordance with section 720.35 of this chapter.\n