AB2421 Summary:

BILL NO    A02421B

SAME AS    SAME AS S03914-B

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,
           Blake, Mosley, Skartados, Raia, Otis, DiPietro, Englebright, Arroyo,
           Hooper, Clark, Galef, Lupinacci, Steck

MLTSPNSR   Bronson, Butler, DenDekker, Hawley, Lawrence, McKevitt, Oaks,
           O'Donnell, Ra, Rivera, Schimminger, Simanowitz, Simon, Walker

Add Title 1 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    A02421B

01/16/2015 referred to codes
06/03/2015 amend and recommit to codes
06/03/2015 print number 2421a
06/10/2015 amend and recommit to codes
06/10/2015 print number 2421b
06/15/2015 reported referred to ways and means
06/16/2015 reported referred to rules
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AB2421 Text:

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

                                        2421--B

                              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, WOZNIAK, THIELE, AUBRY, NOJAY, BORELLI,  HEVESI,
         BENEDETTO,  PALMESANO, BLAKE, MOSLEY, SKARTADOS, RAIA, OTIS, DiPIETRO,
         ENGLEBRIGHT, ARROYO, HOOPER -- Multi-Sponsored by -- M. of A. BRONSON,
         BUTLER, HAWLEY,  LAWRENCE,  McKEVITT,  OAKS,  O'DONNELL,  RA,  RIVERA,
         SCHIMMINGER,  SIMANOWITZ,  SIMON,  WALKER -- read once and referred to
         the Committee on Codes -- committee discharged, bill amended,  ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended and recommitted to said committee

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03451-07-5
       A. 2421--B                          2

    1  GROWING NUMBER OF SERVICE MEMBERS, RETURNING VETERANS  AND  THEIR  FAMI-
    2  LIES.
    3    A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
    4  FOUND  ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN REPORTED
    5  SYMPTOMS OF PTSD OR MAJOR DEPRESSION.  RESEARCHERS  ALSO  FOUND  SERIOUS
    6  TREATMENT  GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL HEALTH
    7  CONDITIONS SEEKING HELP, AND OF THOSE  WHO  SOUGHT  CARE,  ROUGHLY  HALF
    8  RECEIVED  MINIMALLY  ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE, A NEEDS
    9  ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
   10  THE NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000  VETERANS
   11  RETURNING  HOME  SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF MENTAL HEALTH
   12  PROBLEMS.  THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK  STATE  VETERANS
   13  HAD  A  PROBABLE  DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION. A FOLLOW UP
   14  2011 REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW  YORK'S
   15  NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
   16  RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
   17  CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
   18  ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
   19    THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
   20  COME  HOME  TO  A  NEW  FRONTLINE  OF INDIFFERENCE WHEN SUFFERING FROM A
   21  MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
   22  A CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO  STATEWIDE
   23  MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
   24  OF  THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR PHYSICAL
   25  HEALTH CONDITION THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL  ACT.  THE
   26  MEN  AND  WOMEN  WHO  PUT  THEIR LIVES ON THE LINE FOR AMERICA'S FREEDOM
   27  DESERVE ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE  LEGIS-
   28  LATURE  FINDS  THAT  OUR  LAWS  MUST BE STRENGTHENED TO ENSURE UNTREATED
   29  SERVICE MEMBERS AND VETERANS WITH MENTAL OR  PHYSICAL  HEALTH  AILMENTS,
   30  THE  MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND AN
   31  ALTERNATIVE RESOLUTION PROCESS  IN  THE  CRIMINAL  JUSTICE  SYSTEM.  THE
   32  LEGISLATURE  HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN CRIMINAL
   33  JUSTICE PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL  EVALUATION
   34  AND  ANY  NEEDED  TREATMENT FOR A DIAGNOSED INJURY OR ILLNESS WHICH WILL
   35  ASSIST THEM TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE  INTERESTS  OF
   36  JUSTICE,  THE  LEGISLATURE FURTHER DECLARES THAT COURTS NEED TO CONSIDER
   37  IF A VETERAN'S SERVICE-RELATED AILMENT PLAYED  A  ROLE  IN  HIS  OR  HER
   38  OFFENSE,  AND  WHETHER  CHARGES  SHOULD BE REDUCED OR DISMISSED UPON THE
   39  CONCLUSION OF THE VETERAN'S TREATMENT.
   40  S 217.05 DEFINITIONS.
   41    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   42    1. (A) "VETERAN" MEANS A FORMER MEMBER OF THE UNITED STATES  MILITARY,
   43  INCLUDING  SERVICE  IN THE NATIONAL GUARD OR OTHER RESERVE COMPONENTS OF
   44  THE ARMED FORCES OF THE UNITED STATES.
   45    (B) "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
   46  TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR  OTHER  RESERVE  COMPO-
   47  NENTS OF THE ARMED FORCES OF THE UNITED STATES.
   48    2.  "MILITARY SERVICE" MEANS THE PERFORMANCE OF ANY DUTY IN THE UNITED
   49  STATES MILITARY, INCLUDING  SERVICE  IN  THE  NATIONAL  GUARD  OR  OTHER
   50  RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES.
   51    3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
   52    (A)  A  SERVICE  MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF ONE OR MORE
   53  OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
   54  LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
   55  HUNDRED  FIFTY-FIVE  AND  TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
   56  OFFENSES DEFINED IN SECTIONS  125.25  (MURDER  IN  THE  SECOND  DEGREE),
       A. 2421--B                          3

    1  125.26  (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25
    2  (KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
    3  490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
    4    (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
    5  DISORDER,  OTHER  MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY,
    6  OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
    7  OR COMBINATION THEREOF, THAT WAS, AT LEAST IN PART, CAUSED  BY,  EXACER-
    8  BATED  BY  OR  RESULTED  FROM THE SERVICE MEMBER'S OR VETERAN'S MILITARY
    9  SERVICE; AND
   10    (C) A SERVICE MEMBER OR VETERAN WHOSE  SPECIFIED  ILLNESS,  INJURY  OR
   11  OTHER  CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR MORE
   12  OF THE CHARGED OFFENSES.
   13    4. "VETERAN OR SERVICE MEMBER EVALUATION" MEANS A  WRITTEN  ASSESSMENT
   14  AND  REPORT  BY  A COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFES-
   15  SIONAL, AS ARTICULATED AND AUTHORIZED BY THEIR SPECIFIC SCOPE  OF  PRAC-
   16  TICE,  EXPERIENCED  IN  THE  TREATMENT  OF  INDIVIDUALS  SUFFERING  FROM
   17  POST-TRAUMATIC STRESS DISORDER, OTHER MENTAL  ILLNESSES  OR  CONDITIONS,
   18  TRAUMATIC  BRAIN  INJURY,  OTHER PHYSICAL OR MENTAL INJURIES, ALCOHOL OR
   19  SUBSTANCE ABUSE OR ADDICTION, OR A COMBINATION THEREOF, OR BY AN  ENTITY
   20  CERTIFIED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS EXPERI-
   21  ENCED IN THE TREATMENT OF SUCH ILLNESSES, INJURIES, OR CONDITIONS, WHICH
   22  SHALL INCLUDE:
   23    (A)  AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM POST-
   24  TRAUMATIC STRESS DISORDER, OTHER MENTAL ILLNESSES OR  CONDITIONS,  TRAU-
   25  MATIC  BRAIN  INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES, ALCOHOL OR
   26  SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
   27    (B) WHETHER THE  DEFENDANT'S  POST-TRAUMATIC  STRESS  DISORDER,  OTHER
   28  MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
   29  MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A  COMBINATION
   30  THEREOF  WAS,  AT  LEAST  IN PART, CAUSED BY, EXACERBATED BY OR RESULTED
   31  FROM HIS OR HER MILITARY SERVICE;
   32    (C) AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR  OTHER
   33  CONDITION,  IF  ANY,  MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR
   34  MORE OF THE CHARGED OFFENSES;
   35    (D) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY  OR
   36  OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
   37    (E)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
   38  OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE  ALTERNA-
   39  TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
   40    (F)  ANY  OTHER  INFORMATION,  FACTOR, CIRCUMSTANCE, OR RECOMMENDATION
   41  DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
   42  COURT.
   43  S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
   44    1. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS.  NOTWITHSTANDING
   45  ANY  LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A DEFEND-
   46  ANT, BUT PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE  COMMENCEMENT  OF
   47  TRIAL,  THE  DEFENDANT  CLAIMS  TO  BE  A  SERVICE MEMBER OR VETERAN, AS
   48  DEFINED IN SECTION 217.05 OF THIS ARTICLE, THE  COURT  SHALL  ORDER  THE
   49  DEFENDANT  TO PROVIDE EVIDENCE THAT THE DEFENDANT IS A SERVICE MEMBER OR
   50  VETERAN. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED  TO,  RECORDS  OF
   51  THE UNITED STATES DEPARTMENT OF DEFENSE, THE UNITED STATES DEPARTMENT OF
   52  VETERANS  AFFAIRS  OR A STATE OR LOCAL VETERANS AGENCY DEVOTED TO VETER-
   53  ANS, GUARD MEMBERS OR OTHER RESERVE COMPONENTS OF THE  ARMED  FORCES  OF
   54  THE UNITED STATES.
   55    2.  THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
   56  OFFERED BY THE DEFENDANT, SHALL DETERMINE  BY  A  PREPONDERANCE  OF  THE
       A. 2421--B                          4

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

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

    1    (II)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
    2  FELONY OFFENSES, THE TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  EIGHTEEN
    3  MONTHS.    HOWEVER,  UPON A SHOWING THAT ADDITIONAL TREATMENT IS NEEDED,
    4  AND THE CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT  PLAN
    5  FOR UP TO TWELVE ADDITIONAL MONTHS.
    6    (D)  THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE BY
    7  THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
    8  GRAPH (A) OF THIS SUBDIVISION.
    9    6. FINAL DISPOSITION. (A) DISMISSAL.  NOTWITHSTANDING ANY LAW  TO  THE
   10  CONTRARY,  IF  THE  DEFENDANT  IS  ALLOWED TO PARTICIPATE IN THE PROGRAM
   11  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION, UPON  THE
   12  DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
   13  MENT  PLAN,  AND  SUCCESSFUL COMPLETION THEREOF, THE COURT SHALL DISMISS
   14  THE ACCUSATORY INSTRUMENT, EXCEPT FOR FELONIES INVOLVING INTIMATE  PART-
   15  NER  VIOLENCE OR DOMESTIC VIOLENCE, WHICH FINAL DISPOSITION MAY INCLUDE,
   16  BUT IS NOT LIMITED TO: (I) A SENTENCE OF PROBATION SUPERVISION; OR  (II)
   17  REQUIRING  THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPER-
   18  VISION AND, UPON THE DEFENDANT'S SUCCESSFUL COMPLETION  OF  THE  INTERIM
   19  PROBATION  SUPERVISION  TERM, NOTWITHSTANDING THE PROVISION OF ANY OTHER
   20  LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR  HER  GUILTY  PLEA  AND
   21  DISMISSING THE INDICTMENT; OR (III) REQUIRING THE DEFENDANT TO UNDERGO A
   22  PERIOD  OF INTERIM PROBATION SUPERVISION AND, UPON SUCCESSFUL COMPLETION
   23  OF THE INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING THE PROVISION
   24  OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER GUILTY
   25  PLEA, ENTER A GUILTY PLEA TO A MISDEMEANOR OFFENSE  AND  SENTENCING  THE
   26  DEFENDANT IN ACCORDANCE WITH THE TREATMENT PLAN ORDER, WHICH MAY INCLUDE
   27  A PERIOD OF PROBATION SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL
   28  LAW;  OR  (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS OR HER GUILTY PLEA
   29  AND DISMISSING THE INDICTMENT. IT IS NOT INTENDED THAT CRIMINAL CONTEMPT
   30  CHARGES FOR VIOLATIONS OF ORDERS OF PROTECTION NOT ALLEGING VIOLENCE, BE
   31  INCLUDED.
   32    UPON DISMISSAL OF THE ACCUSATORY INSTRUMENT, THE COURT SHALL ENTER  AN
   33  ORDER  DIRECTING  THAT THE RECORD OF SUCH ACTION OR PROCEEDING BE SEALED
   34  AND DIRECTING THE CLERK OF THE COURT WHEREIN  SUCH  CRIMINAL  ACTION  OR
   35  PROCEEDING  WAS TERMINATED TO IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
   36  DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF  ALL  APPROPRIATE
   37  POLICE  DEPARTMENTS  AND  OTHER LAW ENFORCEMENT AGENCIES THAT THE ACTION
   38  HAS BEEN TERMINATED AND THAT THE RECORD OF  SUCH  ACTION  OR  PROCEEDING
   39  SHALL  BE  SEALED.  UPON RECEIPT OF SUCH NOTIFICATION, THE AGENCY, DIVI-
   40  SION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION  ONE
   41  OF SECTION 160.50 OF THIS CHAPTER.
   42    (B)  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY, IF THE DEFENDANT IS
   43  ALLOWED TO PARTICIPATE IN THE PROGRAM PURSUANT TO  SUBPARAGRAPH  (I)  OR
   44  (II)  OF  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF THIS SECTION, UPON THE
   45  DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
   46  MENT PLAN, AND SUCCESSFUL COMPLETION THEREOF, THE COURT  SHALL,  IF  THE
   47  DEFENDANT HAS PLED TO A CLASS A, B, OR C FELONY, PERMIT THE DEFENDANT TO
   48  WITHDRAW  THAT  PLEA  AND SUBSTITUTE A PLEA TO A CLASS D FELONY OR LOWER
   49  OFFENSE. UPON ENTRY OF THE SUBSTITUTED PLEA, THE FINAL  DISPOSITION  MAY
   50  INCLUDE,  BUT  IS  NOT  LIMITED TO:   (I) A SENTENCE OF PROBATION SUPER-
   51  VISION; OR (II) REQUIRING THE DEFENDANT TO UNDERGO A PERIOD  OF  INTERIM
   52  PROBATION SUPERVISION AND, UPON THE DEFENDANT'S SUCCESSFUL COMPLETION OF
   53  THE INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING THE PROVISION OF
   54  ANY  OTHER  LAW,  PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER GUILTY
   55  PLEA AND DISMISSING THE INDICTMENT; OR (III) REQUIRING THE DEFENDANT  TO
   56  UNDERGO  A  PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON SUCCESSFUL
       A. 2421--B                          7

    1  COMPLETION OF THE INTERIM PROBATION  SUPERVISION  TERM,  NOTWITHSTANDING
    2  THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS
    3  OR  HER  GUILTY  PLEA,  ENTER A GUILTY PLEA TO A MISDEMEANOR OFFENSE AND
    4  SENTENCING  THE  DEFENDANT  IN ACCORDANCE WITH THE TREATMENT PLAN ORDER,
    5  WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT TO  SECTION
    6  65.00  OF  THE PENAL LAW; OR (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS
    7  OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
    8    S 2. Subdivision 2 of section 390.30 of the criminal procedure law  is
    9  amended to read as follows:
   10    2. Physical and mental examinations. Whenever information is available
   11  with  respect to the defendant's physical and mental condition, the pre-
   12  sentence investigation must include the gathering of  such  information,
   13  INCLUDING  ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FIVE OF SECTION
   14  217.05 OF THIS CHAPTER.  In the case of a felony or a class A  misdemea-
   15  nor,  or  in  any  case  where  a  person under the age of twenty-one is
   16  convicted of a crime, the court may order that the defendant  undergo  a
   17  thorough physical or mental examination in a designated facility and may
   18  further  order  that  the  defendant  remain  in  such facility for such
   19  purpose for a period not exceeding thirty days.
   20    S 3. This act shall take effect immediately.
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