2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.80 - Proceedings Regarding Certain Prostitution Charges; Certain Persons Aged Sixteen or Seventeen.

§ 170.80 Proceedings  regarding  certain  prostitution  charges; certain
persons aged sixteen or seventeen.
1. Notwithstanding any other provision of law, at any time at or after
arraignment on a charge of prostitution pursuant to  section  230.00  of
the  penal law, after consultation with counsel, a knowing and voluntary
plea of guilty has been entered to such charge,  any  judge  or  justice
hearing  any stage of such case may, upon consent of the defendant after
consultation with counsel:
(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.