Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5719A
SPONSOR: Galef TITLE OF BILL:
An act to amend the judiciary law, in relation to authorizing the chief
administrator of the courts to establish veterans treatment courts; and
to amend the criminal procedure law, in relation to the removal of
certain actions to veterans treatment courts
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will immediately and dramatically increase the number
of counties in which veterans treatment courts are located. Moreover,
this act also calls for the establishment of such number of veteran
treatment courts as may be necessary to fulfill the act's purpose to
help provide all veterans in the state with access to such courts.
SUMMARY OF PROVISIONS:
Section 1 amends § 212 of the Judiciary Law (Functions of the chief
administrator of the courts) to allow for the establishment of such a
number of veteran treatment courts as may be necessary to fulfill the
purpose of this act.
Section 2 amends § 170.15 of the Criminal Procedure Law (Removal of
action from one local criminal court to another) to authorize the
removal of a misdemeanor action from a local criminal court to a veter-
ans treatment court in an adjoining county, with the consent of the
District Attorney from the receiving county. The bill prohibits removal
to a veterans treatment court in an adjoining county where the accused
and victim are family or from the same household.
Section 3 amends § 180.20 of the Criminal Procedure Law (Proceedings
upon felony complaint; removal of action from one local criminal court
to another) to authorize the removal of a felony action from a local
criminal court to a veterans treatment court in an adjoining county,
with the consent of the District Attorney from the receiving county. The
bill prohibits removal to a veterans treatment court or human traffick-
ing court in an adjoining county where the accused and victim are family
or from the same household.
Section 4 adds a new § 230.11 (Removal of action to certain courts with-
in a county) to allow for transfer to a human trafficking or veterans
treatment court following indictment provided that such offense does not
include cases where the accused and victim are family or from the same
household.
Section 5 amends the Criminal Procedure law by adding § 230.21 (Removal
of action to an adjoining county) to authorize the removal of a felony
action from a superior court to a human trafficking or veterans treat-
ment court in an adjoining county, with the consent of the District
Attorney from the receiving county. The bill prohibits removal to a
veterans treatment court or human trafficking court in an adjoining
county where the accused and victim are family or from the same house-
hold.Section 6 of the bill is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A print contains technical revisions, including clarification of
when D.A. consent is required.
JUSTIFICATION:
New York owes an enduring debt to the brave men and women who have
served in our nation's armed forces. We must not fail to recognize that
when our veterans return from service, their transition to civilian life
is not always an easy one and can be marked by depression, other forms
of mental illness and substance abuse. In addition, studies have shown
that trauma a soldier suffers while deployed is a major contributing
factor to low level, but often, persistent, criminal activity.
New York stands in the vanguard for treating veterans who have engaged
in criminal conduct following their return to civilian life. In 2008,
the nation's first veterans treatment court was started in Buffalo city
court. While New York now has thirty-five veterans treatment courts, not
all of New York's veterans live in a county that currently has such a
court.
In order to broaden the availability of veteran treatment courts to all
veterans, this act would authorize the transfer of a criminal case
against a veteran where the charges are pending in a criminal court in a
county that does not have a veterans treatment court to a veterans
treatment court in an adjoining county. Following the successful "drug
hub courts" and "human traffic intervention court" models, the process
would be triggered by an application by the defendant to the court.
After giving the District Attorney of the originating county an opportu-
nity to be heard, and with the consent of the receiving county's
District Attorney; the court may order the removal of the action to a
veterans treatment court in an adjoining county, except in cases where
the accused and victim are family or from the same household.
PRIOR LEGISLATIVE HISTORY:
A. 8360-A and S. 5059-A of 2019/2020
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal impact.
EFFECTIVE DATE:
This act shall take effect immediately.
