AB2421 Summary:

BILL NO    A02421 

SAME AS    SAME AS S03914

SPONSOR    Brindisi (MS)

COSPNSR    Russell, Cook, Perry, Johns, Tenney, Weprin, McDonough, Abinanti,
           Giglio, Zebrowski, Montesano, Wright, Rozic, McDonald, Stirpe,
           Kearns, Lupardo, Goldfeder, Lavine, Barrett, Ortiz, Fahy, Gunther,
           Wozniak, Thiele, Aubry, Nojay, Borelli, Hevesi, Benedetto, Palmesano

MLTSPNSR   Bronson, Butler, Hawley, Lawrence, McKevitt, Oaks, O'Donnell, Ra,
           Raia, Schimminger, Simanowitz

Add Art 217 SS217.00 - 217.10, amd S390.30, CP L

Establishes an alternative resolution program for service members and veterans
accused of certain felonies.
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AB2421 Actions:

BILL NO    A02421 

01/16/2015 referred to codes
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AB2421 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2421

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2015
                                      ___________

       Introduced  by  M.  of A. BRINDISI, RUSSELL, COOK, PERRY, JOHNS, TENNEY,
         WEPRIN, McDONOUGH, ABINANTI,  GIGLIO,  ZEBROWSKI,  MONTESANO,  WRIGHT,
         ROZIC,  McDONALD, STIRPE, KEARNS, LUPARDO, GOLDFEDER, LAVINE, BARRETT,
         ORTIZ, FAHY, GUNTHER --  Multi-Sponsored  by  --  M.  of  A.  BRONSON,
         BUTLER,  McKEVITT,  OAKS, O'DONNELL, RA, RAIA, SCHIMMINGER, SIMANOWITZ
         -- read once and referred to the Committee on Codes

       AN ACT to amend the criminal procedure law, in relation to  establishing
         an  alternative  resolution  program  for service members and veterans
         accused of certain felonies

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Title I of the criminal procedure law is amended by adding
    2  a new article 217 to read as follows:
    3                                  ARTICLE 217
    4                        JUSTICE FOR OUR VETERANS ACT
    5  SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
    6          217.05 DEFINITIONS.
    7          217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
    8  S 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
    9    THE LEGISLATURE FINDS THAT AN INCREASING  NUMBER  OF  NEW  YORK  STATE
   10  VETERANS  AND  SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A RESULT OF
   11  THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
   12  IC BRAIN INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS  OR  ILLNESSES.
   13  STUDIES  HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE DEVASTAT-
   14  ING CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF  A
   15  GROWING  NUMBER  OF  SERVICE MEMBERS, RETURNING VETERANS AND THEIR FAMI-
   16  LIES.
   17    A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
   18  FOUND ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN  REPORTED
   19  SYMPTOMS  OF  PTSD  OR  MAJOR DEPRESSION. RESEARCHERS ALSO FOUND SERIOUS
   20  TREATMENT GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL  HEALTH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03451-01-5
       A. 2421                             2

    1  CONDITIONS  SEEKING  HELP,  AND  OF  THOSE WHO SOUGHT CARE, ROUGHLY HALF
    2  RECEIVED MINIMALLY ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE,  A  NEEDS
    3  ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
    4  THE  NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000 VETERANS
    5  RETURNING HOME SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF  MENTAL  HEALTH
    6  PROBLEMS.    THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK STATE VETERANS
    7  HAD A PROBABLE DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION.  A  FOLLOW  UP
    8  2011  REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW YORK'S
    9  NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
   10  RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
   11  CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
   12  ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
   13    THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
   14  COME HOME TO A NEW FRONTLINE  OF  INDIFFERENCE  WHEN  SUFFERING  FROM  A
   15  MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
   16  A  CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO STATEWIDE
   17  MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
   18  OF THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR  PHYSICAL
   19  HEALTH  CONDITION  THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL ACT. THE
   20  MEN AND WOMEN WHO PUT THEIR LIVES ON  THE  LINE  FOR  AMERICA'S  FREEDOM
   21  DESERVE  ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE LEGIS-
   22  LATURE FINDS THAT OUR LAWS MUST  BE  STRENGTHENED  TO  ENSURE  UNTREATED
   23  SERVICE  MEMBERS  AND  VETERANS WITH MENTAL OR PHYSICAL HEALTH AILMENTS,
   24  THE MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND  AN
   25  ALTERNATIVE  RESOLUTION  PROCESS  IN  THE  CRIMINAL  JUSTICE SYSTEM. THE
   26  LEGISLATURE HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN  CRIMINAL
   27  JUSTICE  PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL EVALUATION
   28  AND ANY NEEDED TREATMENT FOR A DIAGNOSED INJURY OR  ILLNESS  WHICH  WILL
   29  ASSIST  THEM  TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE INTERESTS OF
   30  JUSTICE, THE LEGISLATURE FURTHER DECLARES THAT COURTS NEED  TO  CONSIDER
   31  IF  A  VETERAN'S  SERVICE-RELATED AILMENT PLAYED A ROLE IN THEIR INFRAC-
   32  TION, AND FOR CERTAIN CRIMINAL VIOLATIONS,  WHETHER  CHARGES  SHOULD  BE
   33  REDUCED OR DISMISSED UPON THE CONCLUSION OF THE VETERAN'S TREATMENT.
   34  S 217.05 DEFINITIONS.
   35    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   36    1.  "VETERAN"  MEANS  A  FORMER  MEMBER OF THE UNITED STATES MILITARY,
   37  INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE  COMPONENTS  OF
   38  THE ARMED FORCES OF THE UNITED STATES, WHO:
   39    (A) SERVED IN A COMBAT THEATRE, ZONE, OR OPERATION; OR
   40    (B) EXPERIENCED A TRAUMATIC EVENT DURING MILITARY SERVICE; OR
   41    (C) WAS PHYSICALLY OR MENTALLY INJURED DURING MILITARY SERVICE.
   42    2.  "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
   43  TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR  OTHER  RESERVE  COMPO-
   44  NENTS OF THE ARMED FORCES OF THE UNITED STATES.
   45    3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
   46    (A)  A  SERVICE  MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF ONE OR MORE
   47  OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
   48  LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
   49  HUNDRED  FIFTY-FIVE  AND  TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
   50  OFFENSES DEFINED IN SECTIONS  125.25  (MURDER  IN  THE  SECOND  DEGREE),
   51  125.26  (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25
   52  (KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
   53  490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
   54    (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
   55  DISORDER, OTHER MENTAL ILLNESS OR  CONDITION,  TRAUMATIC  BRAIN  INJURY,
   56  OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
       A. 2421                             3

    1  OR  COMBINATION  THEREOF, THAT WAS, AT LEAST IN PART, CAUSED BY, EXACER-
    2  BATED BY OR RESULTED FROM THE SERVICE MEMBER'S OR VETERAN'S SERVICE IN A
    3  COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
    4  MENTAL INJURY DURING MILITARY SERVICE; AND
    5    (C)  A  SERVICE  MEMBER  OR VETERAN WHOSE SPECIFIED ILLNESS, INJURY OR
    6  OTHER CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR  MORE
    7  OF THE CHARGED OFFENSES.
    8    4.  "VETERAN  EVALUATION"  MEANS  A WRITTEN ASSESSMENT AND REPORT BY A
    9  COURT-APPROVED ENTITY OR LICENSED HEALTH CARE  PROFESSIONAL,  AS  ARTIC-
   10  ULATED  AND  AUTHORIZED BY THEIR SPECIFIC SCOPE OF PRACTICE, EXPERIENCED
   11  IN THE TREATMENT OF INDIVIDUALS  SUFFERING  FROM  POST-TRAUMATIC  STRESS
   12  DISORDER,  OTHER MENTAL ILLNESSES OR CONDITIONS, TRAUMATIC BRAIN INJURY,
   13  OTHER PHYSICAL  OR  MENTAL  INJURIES,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
   14  ADDICTION,  OR  A  COMBINATION THEREOF, OR BY AN ENTITY CERTIFIED BY THE
   15  UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS  AS  EXPERIENCED  IN  THE
   16  TREATMENT  OF  SUCH  ILLNESSES,  INJURIES,  OR  CONDITIONS,  WHICH SHALL
   17  INCLUDE:
   18    (A) AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM  POST-
   19  TRAUMATIC  STRESS  DISORDER, OTHER MENTAL ILLNESSES OR CONDITIONS, TRAU-
   20  MATIC BRAIN INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES,  ALCOHOL  OR
   21  SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
   22    (B)  WHETHER  THE  DEFENDANT'S  POST-TRAUMATIC  STRESS DISORDER, OTHER
   23  MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
   24  MENTAL  INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION
   25  THEREOF WAS, AT LEAST IN PART, CAUSED BY,  EXACERBATED  BY  OR  RESULTED
   26  FROM THEIR SERVICE IN A COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMAT-
   27  IC EVENT OR A PHYSICAL INJURY DURING MILITARY SERVICE;
   28    (C)  AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR OTHER
   29  CONDITION, IF ANY, MAY HAVE PLAYED A ROLE IN THE COMMISSION  OF  ONE  OR
   30  MORE OF THE CHARGED OFFENSES;
   31    (D)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
   32  OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
   33    (E) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY  OR
   34  OTHER  CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE ALTERNA-
   35  TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
   36    (F) ANY OTHER INFORMATION,  FACTOR,  CIRCUMSTANCE,  OR  RECOMMENDATION
   37  DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
   38  COURT.
   39  S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
   40    1.  DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. NOTWITHSTANDING
   41  ANY LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A  DEFEND-
   42  ANT,  BUT  PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF
   43  TRIAL, THE DEFENDANT CLAIMS TO  BE  A  SERVICE  MEMBER  OR  VETERAN,  AS
   44  DEFINED  IN  SECTION  217.05  OF THIS ARTICLE, THE COURT SHALL ORDER THE
   45  DEFENDANT TO PROVIDE WRITTEN EVIDENCE THAT THE DEFENDANT  IS  A  SERVICE
   46  MEMBER  OR  VETERAN.  SUCH  EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO,
   47  RECORDS OF THE UNITED STATES DEPARTMENT OF DEFENSE,  THE  UNITED  STATES
   48  DEPARTMENT  OF  VETERANS  AFFAIRS  OR  A  STATE OR LOCAL VETERANS AGENCY
   49  DEVOTED TO VETERANS, GUARD MEMBERS OR OTHER RESERVE  COMPONENTS  OF  THE
   50  ARMED FORCES OF THE UNITED STATES.
   51    2.  THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
   52  OFFERED BY THE DEFENDANT, SHALL DETERMINE  BY  A  PREPONDERANCE  OF  THE
   53  EVIDENCE  WHETHER  THE  DEFENDANT  IS  A  SERVICE  MEMBER OR VETERAN, AS
   54  DEFINED IN SECTION 217.05 OF THIS ARTICLE.
   55    3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
   56  DETERMINES THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE  COURT
       A. 2421                             4

    1  SHALL  ORDER AN EVALUATION OF THE DEFENDANT BY AN ELIGIBLE VETERAN EXAM-
    2  INER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 217.05 OF THIS  ARTICLE,
    3  TO  EVALUATE  WHETHER  THE  DEFENDANT  IS  AN ELIGIBLE SERVICE MEMBER OR
    4  VETERAN, AS DEFINED IN SUBDIVISION THREE OF SECTION 217.05 OF THIS ARTI-
    5  CLE.  FOR  THOSE SERVICE MEMBERS OR VETERANS WHOSE OFFENSE EXCLUDED THEM
    6  FROM ENTERING THE ALTERNATIVE RESOLUTION PROGRAM, AN EVALUATION SHALL BE
    7  CONDUCTED AS DEFINED IN PARAGRAPHS (A), (B), (C), (D) AND (F) OF  SUBDI-
    8  VISION  FOUR  OF  SECTION  217.05. THE DEFENDANT SHALL PROVIDE A WRITTEN
    9  AUTHORIZATION, IN COMPLIANCE WITH THE  REQUIREMENTS  OF  ANY  APPLICABLE
   10  STATE  OR  FEDERAL  LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE OF
   11  THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY, THE  PROSECU-
   12  TOR,  THE COURT, AUTHORIZED COURT PERSONNEL AND OTHER INDIVIDUALS SPECI-
   13  FIED IN SUCH AUTHORIZATION FOR THE PURPOSE OF  DETERMINING  WHETHER  THE
   14  DEFENDANT  IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, OR FOR THE PURPOSES
   15  OF PROVIDING AN EVALUATION REPORT AS PART OF ANY  PRE-SENTENCE  INVESTI-
   16  GATION AND REPORT PURSUANT TO SECTION 390.30 OF THIS CHAPTER.
   17    (B)  UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
   18  REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
   19  TOR.
   20    (C) THE COURT SHALL, UPON THE REQUEST OF EITHER  PARTY  OR  WHERE  THE
   21  EVALUATION  INDICATES  THAT THE DEFENDANT MAY NOT MEET THE DEFINITION OF
   22  AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
   23  SECTION 217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF  WHETHER
   24  THE  DEFENDANT  IS  AN  ELIGIBLE SERVICE MEMBER OR VETERAN. IF THE COURT
   25  ORDERS A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO  AS
   26  TO  FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND TO
   27  BE AN ELIGIBLE SERVICE MEMBER OR VETERAN. AT THE HEARING, THE COURT  MAY
   28  CONSIDER  ORAL  OR  WRITTEN  ARGUMENTS,  TAKE  TESTIMONY  FROM WITNESSES
   29  OFFERED BY EITHER PARTY, AND CONSIDER ANY RELEVANT  EVIDENCE  INCLUDING,
   30  BUT NOT LIMITED TO, EVIDENCE THAT:
   31    (I)  THE  DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
   32  MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
   33  MENTAL  INJURY,  ALCOHOL  OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
   34  THEREOF;
   35    (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT  LEAST  IN  PART,
   36  CAUSED  BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
   37  COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
   38  MENTAL INJURY DURING MILITARY SERVICE; AND
   39    (III) SUCH ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED  A  ROLE
   40  IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES.
   41    (D) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
   42  WHETHER:
   43    (I)  THE  DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
   44  MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
   45  MENTAL  INJURY,  ALCOHOL  OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
   46  THEREOF;
   47    (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT  LEAST  IN  PART,
   48  CAUSED  BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
   49  COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT  OR  A  PHYSICAL
   50  INJURY DURING MILITARY SERVICE;
   51    (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
   52  IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSE OR OFFENSES; AND
   53    (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS  A,  B,  OR  C
   54  FELONIES,  A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE DEFENDANT
   55  IS NECESSARY FOR THE PROTECTION OF THE PUBLIC.
       A. 2421                             5

    1    4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
    2  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THAT  BY
    3  A  PREPONDERANCE  OF  THE  EVIDENCE THE DEFENDANT IS AN ELIGIBLE SERVICE
    4  MEMBER OR VETERAN, AND  THE  COURT  FINDS  BY  A  PREPONDERANCE  OF  THE
    5  EVIDENCE  THAT  INSTITUTIONAL  CONFINEMENT  IS  NOT  NECESSARY  FOR  THE
    6  PROTECTION OF THE PUBLIC, OR WHEN THE PARTIES AND THE COURT AGREE  TO  A
    7  FINDING THAT THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, THE
    8  COURT MUST:
    9    (A)  IF  THE  DEFENDANT  IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
   10  WHICH IS A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT  TO  PARTICIPATE
   11  IN  THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS
   12  DESIGNED TO TREAT THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S  POST-TRAU-
   13  MATIC  STRESS  DISORDER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC
   14  BRAIN INJURY, OTHER PHYSICAL  INJURY,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
   15  ADDICTION, OR COMBINATION THEREOF, WITHOUT A PLEA OF GUILTY; OR
   16    (B)  IF  THE  DEFENDANT  IS  CHARGED WITH ONE OR MORE CLASS A, B, OR C
   17  FELONY OFFENSES, ALLOW THE DEFENDANT TO PARTICIPATE IN  THE  ALTERNATIVE
   18  RESOLUTION  PROGRAM  OFFERED BY THIS ARTICLE, WHICH IS DESIGNED TO TREAT
   19  THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS  DISOR-
   20  DER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER
   21  PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
   22  THEREOF:
   23    (I) WITHOUT A PLEA OF GUILTY; OR
   24    (II) UPON ENTRY OF A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
   25    (III) UPON ENTRY OF A PLEA OF GUILTY TO A LESSER CHARGE.
   26    5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN. (A) THE COURT SHALL
   27  ISSUE AN ORDER GRANTING  PARTICIPATION  IN  THE  ALTERNATIVE  RESOLUTION
   28  PROGRAM  THAT  SETS  FORTH: (I) THE TERMS, CONDITIONS, AND LENGTH OF THE
   29  ELIGIBLE SERVICE MEMBER'S OR VETERAN'S TREATMENT PLAN;  (II)  THE  FINAL
   30  DISPOSITION  OF  THE  PROCEEDING AS SET FORTH IN SUBDIVISION SIX OF THIS
   31  SECTION; AND (III) THE DISPOSITION OF THE PROCEEDING  IF  THE  DEFENDANT
   32  FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE TREATMENT PLAN.
   33    (B)  TERMS  AND CONDITIONS. IN DETERMINING THE TERMS AND CONDITIONS OF
   34  THE TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN  THE
   35  ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
   36  TIONS  OF  THE  DEFENDANT'S HEALTH CARE PROVIDERS, IF ANY. THE TREATMENT
   37  PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
   38  ERS, TO DEVELOP A PLAN FOR ONGOING RECOVERY  AFTER  DISPOSITION  OF  THE
   39  CRIMINAL CASE.
   40    (C)  LENGTH OF TREATMENT PLAN. (I) WHERE THE DEFENDANT IS CHARGED WITH
   41  ONE OR MORE OFFENSES, NONE OF WHICH IS A CLASS A, B, OR  C  FELONY,  THE
   42  TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  TWELVE  MONTHS. HOWEVER, UPON
   43  CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN  FOR  UP
   44  TO TWELVE ADDITIONAL MONTHS.
   45    (II)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
   46  FELONY OFFENSES, THE TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  EIGHTEEN
   47  MONTHS.   HOWEVER, UPON CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A
   48  TREATMENT PLAN FOR UP TO TWELVE ADDITIONAL MONTHS.
   49    (D) THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE  BY
   50  THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
   51  GRAPH (A) OF THIS SUBDIVISION.
   52    6.  FINAL  DISPOSITION. (A) ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
   53  NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF THE DEFENDANT IS ALLOWED  TO
   54  PARTICIPATE IN THE PROGRAM PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
   55  UPON  THE DEFENDANT'S WRITTEN AGREEMENT TO ABIDE BY THE TERMS AND CONDI-
       A. 2421                             6

    1  TIONS OF THE TREATMENT PLAN, THE COURT SHALL  GRANT  AN  ADJOURNMENT  IN
    2  CONTEMPLATION OF DISMISSAL.
    3    (I) IF THE CASE IS NOT RESTORED TO THE CALENDAR DURING THE TIME PERIOD
    4  OF  THE  TREATMENT PLAN, THE ACCUSATORY INSTRUMENT IS, AT THE EXPIRATION
    5  OF SUCH TERM, DEEMED TO  HAVE  BEEN  DISMISSED  IN  THE  FURTHERANCE  OF
    6  JUSTICE.
    7    (II)  UPON  DISMISSAL  OF  THE  ACCUSATORY INSTRUMENT, THE COURT SHALL
    8  ENTER AN ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING BE
    9  SEALED AND DIRECTING THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL ACTION
   10  OR PROCEEDING WAS TERMINATED TO IMMEDIATELY NOTIFY THE  COMMISSIONER  OF
   11  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRI-
   12  ATE  POLICE  DEPARTMENTS  AND  OTHER  LAW  ENFORCEMENT AGENCIES THAT THE
   13  ACTION HAS BEEN TERMINATED  AND  THAT  THE  RECORD  OF  SUCH  ACTION  OR
   14  PROCEEDING SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION, THE AGEN-
   15  CY, DIVISION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVI-
   16  SION ONE OF SECTION 160.50 OF THIS CHAPTER.
   17    (B)  FOR  ALL  OTHER  DEFENDANTS,  UPON  SATISFACTION OF THE TERMS AND
   18  CONDITIONS OF THE TREATMENT PLAN, THE FINAL DISPOSITION MAY INCLUDE, BUT
   19  IS NOT LIMITED TO:  (I) REQUIRING THE DEFENDANT TO UNDERGO A  PERIOD  OF
   20  INTERIM  PROBATION  SUPERVISION  AND,  UPON  THE  DEFENDANT'S SUCCESSFUL
   21  COMPLETION OF THE INTERIM PROBATION  SUPERVISION  TERM,  NOTWITHSTANDING
   22  THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS
   23  OR  HER GUILTY PLEA AND DISMISSING THE INDICTMENT; OR (II) REQUIRING THE
   24  DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON
   25  SUCCESSFUL  COMPLETION  OF  THE  INTERIM  PROBATION  SUPERVISION   TERM,
   26  NOTWITHSTANDING THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT
   27  TO WITHDRAW HIS OR HER GUILTY PLEA, ENTER A GUILTY PLEA TO A MISDEMEANOR
   28  OFFENSE  AND  SENTENCING  THE DEFENDANT IN ACCORDANCE WITH THE TREATMENT
   29  PLAN ORDER, WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT
   30  TO SECTION 65.00 OF THE PENAL LAW; OR (III) ALLOWING  THE  DEFENDANT  TO
   31  WITHDRAW HIS OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
   32    S  2. Subdivision 2 of section 390.30 of the criminal procedure law is
   33  amended to read as follows:
   34    2. Physical and mental examinations. Whenever information is available
   35  with respect to the defendant's physical and mental condition, the  pre-
   36  sentence  investigation  must include the gathering of such information,
   37  INCLUDING ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FOUR OF  SECTION
   38  217.05  OF THIS CHAPTER.  In the case of a felony or a class A misdemea-
   39  nor, or in any case where a  person  under  the  age  of  twenty-one  is
   40  convicted  of  a crime, the court may order that the defendant undergo a
   41  thorough physical or mental examination in a designated facility and may
   42  further order that the  defendant  remain  in  such  facility  for  such
   43  purpose for a period not exceeding thirty days.
   44    S 3. This act shall take effect immediately.
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