Applicability of chapter to actions and matters involving juvenile offenders or adolescent offenders
§ 722.24 Applicability of chapter to actions and matters involving
juvenile offenders or adolescent offenders.
Except where inconsistent with this article, all provisions of this chapter shall apply to all criminal actions and proceedings, and all appeals and post-judgment motions relating or attached thereto, involving a juvenile offender or adolescent offender.
Except where inconsistent with this article, all provisions of the CPL apply to all criminal actions, appeals, and post-judgment motions involving a JO or AO. ★
★ Exam hits:
Every county gets a Youth Part of the superior court, with exclusive jurisdiction over JO/AO proceedings; accessible magistrates stand in for first appearances when it's not in session (§ 722.10).
§ 722.23 day-counts (memorize): DA has 30 calendar days to move to prevent removal; the court denies that motion unless it finds extraordinary circumstances; for a class A/violent felony there's a 6-calendar-day appearance to review the accusatory instrument; and the court rules within 5 days of the hearing.
At the AO 6-day review, the case stays in criminal court only if the DA proves by a preponderance: significant physical injury, display of a weapon, or specified sexual conduct.
Removals for the most serious JO charges (murder 2, rape 1, armed felony) require one of three factors: mitigating circumstances, relatively minor participation, or proof deficiencies.
The § 722.22(2) "interests of justice" factors (seriousness, harm, evidence, character, sentence purpose, community safety, public confidence, victim's attitude, no useful purpose) — the court's reasons must be stated in detail, not conclusory.
Statements a youth makes to probation are confidential — not shared with the DA/youth part, and inadmissible before conviction (§ 722.00).
Waiver of review/removal must be knowing, voluntary, in open court, with counsel (§ 722.23(4)).
Verbatim statute: CPL - Article 722
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.