STATE OF NEW YORK
________________________________________________________________________
4869
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. FORREST, WEPRIN, HEVESI, GALLAGHER, JACKSON,
ANDERSON, GONZALEZ-ROJAS, BURDICK, EPSTEIN, MAMDANI, KELLES, MITAYNES,
BICHOTTE HERMELYN, SIMON, MEEKS, GLICK, CUNNINGHAM, ROSENTHAL, CRUZ,
REYES, WALKER, VANEL, DE LOS SANTOS, DAVILA, R. CARROLL, COOK, TAPIA,
GIBBS, CHANDLER-WATERMAN, SEPTIMO, K. BROWN, LEVENBERG, ALVAREZ, SHIM-
SKY, STECK, ZACCARO, SIMONE, STIRPE, DINOWITZ, HYNDMAN, LEE, RIVERA,
RAGA, SHRESTHA, BORES, OTIS, KIM, CLARK, VALDEZ, SEAWRIGHT, RAMOS --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the judiciary law, in
relation to judicial diversion programs; and to repeal certain
provisions of the criminal procedure law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 216 of the criminal proce-
2 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
3 2009, is amended to read as follows:
4 JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
5 PROGRAMS
6 § 2. The opening paragraph of subdivision 1 of section 216.00 of the
7 criminal procedure law, as amended by section 1 of chapter 435 of the
8 laws of 2021, is amended to read as follows:
9 "Eligible defendant" means any person who stands charged in an indict-
10 ment [or a], superior court information [with a class B, C, D or E felo-
11 ny offense defined in article one hundred seventy-nine, two hundred
12 twenty or two hundred twenty-two of the penal law, an offense defined in
13 sections 105.10 and 105.13 of the penal law provided that the underlying
14 crime for the conspiracy charge is a class B, C, D or E felony offense
15 defined in article one hundred seventy-nine, two hundred twenty or two
16 hundred twenty-two of the penal law, auto stripping in the second degree
17 as defined in section 165.10 of the penal law, auto stripping in the
18 first degree as defined in section 165.11 of the penal law, identity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07017-01-5
A. 4869 2
1 theft in the second degree as defined in section 190.79 of the penal
2 law, identity theft in the first degree as defined in section 190.80 of
3 the penal law, or any other specified offense as defined in subdivision
4 five of section 410.91 of this chapter, provided, however, a defendant
5 is not an "eligible defendant" if he or she:], information, misdemeanor
6 complaint or felony complaint with any offense and has a qualifying
7 diagnosis. Provided, however, that a defendant is not an "eligible
8 defendant" if they are charged with: (a) a class A felony offense
9 defined in the penal law, other than a class A felony offense pursuant
10 to article two hundred twenty of the penal law; or (b) a class B felony
11 offense pursuant to article one hundred thirty of the penal law;
12 provided further, however, that upon individualized consideration, and
13 with consent of the prosecutor, the court may deem an individual an
14 eligible defendant who otherwise does not meet the above-listed crite-
15 ria.
16 § 3. The opening paragraph of subdivision 1 of section 216.00 of the
17 criminal procedure law, as amended by section 2 of chapter 435 of the
18 laws of 2021, is amended to read as follows:
19 "Eligible defendant" means any person who stands charged in an indict-
20 ment [or a], superior court information [with a class B, C, D or E felo-
21 ny offense defined in article two hundred twenty or two hundred twenty-
22 two of the penal law, an offense defined in sections 105.10 and 105.13
23 of the penal law provided that the underlying crime for the conspiracy
24 charge is a class B, C, D or E felony offense defined in article two
25 hundred twenty or two hundred twenty-two of the penal law, auto strip-
26 ping in the second degree as defined in section 165.10 of the penal law,
27 auto stripping in the first degree as defined in section 165.11 of the
28 penal law, identity theft in the second degree as defined in section
29 190.79 of the penal law, identity theft in the first degree as defined
30 in section 190.80 of the penal law, or any other specified offense as
31 defined in subdivision five of section 410.91 of this chapter, provided,
32 however, a defendant is not an "eligible defendant" if he or she:],
33 information, misdemeanor complaint or felony complaint with any offense
34 and has a qualifying diagnosis. Provided, however, that a defendant is
35 not an "eligible defendant" if they are charged with: (a) a class A
36 felony offense defined in the penal law, other than a class A felony
37 offense pursuant to article two hundred twenty of the penal law; or (b)
38 a class B felony offense pursuant to article one hundred thirty of the
39 penal law; provided further, however, that upon individualized consider-
40 ation, and with consent of the prosecutor, the court may deem an indi-
41 vidual an eligible defendant who otherwise does not meet the above-list-
42 ed criteria.
43 § 4. Paragraphs (a) and (b) and the closing paragraph of subdivision 1
44 of section 216.00 of the criminal procedure law are REPEALED.
45 § 5. Subdivision 2 of section 216.00 of the criminal procedure law, as
46 amended by chapter 435 of the laws of 2021, is amended and eight new
47 subdivisions 3, 4, 6, 7, 8, 9, 10 and 11 are added to read as follows:
48 2. ["Alcohol and substance use evaluation"] "Participant" means an
49 eligible defendant who has been admitted into judicial diversion pursu-
50 ant to this article.
51 3. "Licensed mental health care professional" means a clinician with
52 professional experience, training and licensure pursuant to title eight
53 of the education law who is qualified to diagnose or treat people with
54 mental health disorders, including substance-related and addictive
55 disorders.
A. 4869 3
1 4. "Qualifying diagnosis" means a mental health diagnosis or more than
2 one mental health diagnoses that qualifies an individual for admission
3 to judicial diversion. This is a diagnosis-based categorization consist-
4 ing of the following mental health disorders described in the most
5 recent version of the diagnostic and statistical manual of mental disor-
6 ders:
7 (a) serious mental disorders such as: schizophrenia spectrum and other
8 psychotic disorders, bipolar and related disorders, depressive disor-
9 ders, and post-traumatic stress disorder; or
10 (b) other mental health disorders, including but not limited to neuro-
11 developmental or neurocognitive disorders, where associated symptoms
12 lead to severe functional impairment; or
13 (c) Substance use disorders and substance-induced disorders.
14 5. "Clinical evaluation" means a written assessment and report by a
15 court-approved entity or licensed mental health care professional [expe-
16 rienced in the treatment of alcohol and substance use disorder, or] as
17 defined in subdivision three of this section or an evaluation conducted
18 by an addiction and substance [abuse] use disorder counselor creden-
19 tialed by the office of addiction services and supports pursuant to
20 section 19.07 of the mental hygiene law[, which]. Such evaluation may be
21 conducted through telehealth when practicable and when delay would
22 otherwise occur. The evaluation shall include:
23 (a) an evaluation as to whether the defendant currently has [a history
24 of alcohol or substance use disorder, as such terms are defined in the
25 diagnostic and statistical manual of mental disorders, fifth edition,
26 and a co-occurring mental disorder or mental illness and the relation-
27 ship between such use and mental disorder or mental illness,] one or
28 more qualifying diagnoses, if any;
29 (b) a recommendation as to whether the defendant's [alcohol or
30 substance use] qualifying diagnosis, if any, could be effectively
31 addressed by judicial diversion in accordance with this article;
32 (c) a recommendation as to the treatment modality, level of care and
33 length of any proposed treatment to effectively address the defendant's
34 [alcohol or substance use and any co-occurring mental disorder or
35 illness] qualifying diagnosis; and
36 (d) any other information, factor, circumstance, or recommendation
37 deemed relevant by the assessing entity or specifically requested by the
38 court.
39 6. "Treatment" means one or more evidence-based interventions includ-
40 ing, but not limited to, counseling, psychotherapy, psychotropic medica-
41 tion or medications for addiction or substance use disorder treatment,
42 health promotion, and overdose prevention education. Treatment for the
43 purposes of this article does not include treatment in a carceral
44 setting or in a forensic hospital pursuant to article seven hundred
45 thirty of this chapter. For substance use disorders, treatment includes
46 any clinical service or intervention that assists individuals in their
47 recovery in accordance with harm reduction principles.
48 7. "Treatment provider" means a person or organization qualified to
49 provide interventions responsive to the needs identified in the clinical
50 evaluation or after a person has been admitted to treatment.
51 8. "Harm reduction" means a set of proven-effective substance use
52 intervention strategies that offer low-threshold access to treatment
53 with the goal of reducing the negative consequences of substance use,
54 preventing overdose and the transmission of infectious diseases, and/or
55 improving the physical, mental, and social well-being of those served.
56 In some cases, as identified by a licensed mental health care profes-
A. 4869 4
1 sional or a treatment provider, harm reduction interventions may recog-
2 nize that complete abstinence is not realistically attainable and may
3 instead aim to achieve a significant reduction or change in use.
4 9. "Certified peers" means professionals who have the lived experience
5 of successfully navigating recovery-oriented systems of care who are
6 certified by the office of mental health or by the office of addiction
7 services and supports to provide peer support services. The peer model
8 should be integrated into every stage of the judicial diversion process.
9 10. "Treatment plan" means an individualized plan developed by a
10 licensed mental health care professional or a treatment provider in
11 conjunction with an eligible defendant, which may include any combina-
12 tion of treatment interventions identified in subdivision six of this
13 section. Provided that:
14 (a) treatment should occur in the setting or settings that are most
15 appropriate to the individual's medical needs and taking into consider-
16 ation possible employment, family, social, and housing disruptions.
17 (b) such treatment plan shall take into consideration the best prac-
18 tices for addressing any qualifying diagnosis identified during the
19 clinical evaluation and any evidence-based and peer-reviewed clinical
20 review criteria that is relevant to the identified qualifying diagnosis,
21 appropriate to the age of the patient and has been designated or
22 approved by the appropriate state agency or agencies, including but not
23 limited to, the office of mental health, the office of addiction
24 services and supports, and the office for people with developmental
25 disabilities.
26 (c) a treatment plan may include treatment through telehealth when
27 deemed appropriate by a licensed mental health care professional or a
28 treatment provider.
29 (d) a licensed mental health care professional or a treatment provider
30 may modify a treatment plan after the participant has been admitted to
31 the judicial diversion program with the input of the participant where
32 the licensed mental health care professional or treatment provider deems
33 such modification to be clinically appropriate.
34 11. "Protected health information" means information protected by
35 federal and state laws and regulations governing the privacy of person-
36 ally-identifiable medical information, in accordance with federal Health
37 Insurance Portability and Accountability Act Privacy Rule (45 Code of
38 Federal Regulations Parts 160 and 164), 42 United States Code § 290dd-2
39 (42 Code of Federal Regulations Part 2), section 33.13 of the mental
40 hygiene law, article twenty-seven-F of the public health law ("HIV and
41 AIDS Related Information"), and any other relevant health privacy laws
42 and regulations.
43 § 6. Section 216.05 of the criminal procedure law, as amended by chap-
44 ter 435 of the laws of 2021, is amended to read as follows:
45 § 216.05 Judicial diversion program; court procedures.
46 1. At any time after the local criminal court arraignment [of an
47 eligible defendant], but prior to the entry of a plea of guilty or the
48 commencement of trial, the court, at the request of [the eligible] a
49 defendant who the court has reason to believe has a qualifying
50 diagnosis, [may] shall order [an alcohol and substance use] a clinical
51 evaluation for all known qualifying diagnoses, provided that a court
52 may, in its discretion, adopt an evaluation that has already been
53 completed in lieu of ordering a clinical evaluation. The court may
54 require the defendant to make a prima facie showing that the defendant
55 has one or more qualifying diagnoses prior to ordering a clinical evalu-
A. 4869 5
1 ation. A request by a defendant to be evaluated shall be made as soon as
2 practicable. Such evaluations shall take place without undue delay.
3 (a) The possibility of being evaluated shall not be contingent on a
4 waiver of any other sections of this chapter except subdivisions one and
5 two of section 30.30 of this chapter.
6 [An eligible] (b) A defendant may decline to [participate in] undergo
7 such an evaluation at any time.
8 [The defendant shall provide a written authorization, in compliance
9 with the requirements of any applicable state or federal laws, rules or
10 regulations authorizing disclosure of the results of the assessment to
11 the defendant's attorney, the prosecutor, the local probation depart-
12 ment, the court, authorized court personnel and other individuals speci-
13 fied in such authorization for the sole purpose of determining whether
14 the defendant should be offered judicial diversion for treatment for
15 substance use, alcohol use and any co-occurring mental disorder or
16 mental illness]
17 (c) No statement, disclosure, or representation made by the defense
18 for the purpose of providing relevant information to the court in the
19 application process shall be used by the prosecution to prove any crime
20 or offense alleged in the pending case.
21 (d) No statement or other disclosure, written or otherwise, made by a
22 defendant to a licensed mental health care professional or treatment
23 provider may be used by the prosecution to prove any crime or offense
24 alleged in the pending case.
25 2. Upon [receipt of the completed alcohol and substance use]
26 completion of the clinical evaluation [report], the [court] clinician
27 shall provide a copy of the report to the [eligible] defendant and the
28 [prosecutor] defendant's counsel. The court and the prosecutor shall
29 receive a copy of the clinical evaluation only if the defendant decides
30 to proceed in requesting judicial diversion. Where the defendant
31 decides to proceed in requesting judicial diversion, they shall consent
32 to disclosure of their protected health information with the court and
33 prosecutor.
34 3. (a) [Upon receipt of the evaluation report either] Either party may
35 request a hearing on the issue of whether the [eligible] defendant is an
36 eligible defendant and should be offered [alcohol or substance use
37 treatment] judicial diversion pursuant to this article. At such a
38 proceeding, which shall be held as soon as practicable so as to facili-
39 tate early intervention in the event that the defendant is found to need
40 [alcohol or substance use] treatment, the court may consider oral and
41 written arguments, [may] take testimony from witnesses offered by either
42 party, and [may] consider any relevant evidence [including, but not
43 limited to, evidence that:
44 (i) the defendant had within the preceding ten years (excluding any
45 time during which the offender was incarcerated for any reason between
46 the time of the acts that led to the youthful offender adjudication and
47 the time of commission of the present offense) been adjudicated a youth-
48 ful offender for: (A) a violent felony offense as defined in section
49 70.02 of the penal law; or (B) any offense for which a merit time allow-
50 ance is not available pursuant to subparagraph (ii) of paragraph (d) of
51 subdivision one of section eight hundred three of the correction law;
52 and
53 (ii) in the case of a felony offense defined in subdivision five of
54 section 410.91 of this chapter, or section 165.10, 165.11, 190.79 or
55 190.80 of the penal law, any statement of or submitted by the victim, as
56 defined in paragraph (a) of subdivision two of section 380.50 of this
A. 4869 6
1 chapter] except sealed cases defined in section 160.50, 160.55, or
2 106.57 of this chapter. Reliable hearsay shall be admissible at such
3 hearings. The court shall explain its decision on the record or in writ-
4 ing.
5 (b) Upon completion of such a proceeding, the court shall consider and
6 make findings of fact with respect to whether:
7 (i) the defendant is an eligible defendant as defined in subdivision
8 one of section 216.00 of this article;
9 (ii) [the defendant has a history of alcohol or substance use;
10 (iii) such alcohol or substance use] the defendant's qualifying diag-
11 nosis is likely a contributing factor to [the defendant's criminal
12 behavior] their current or future involvement in the criminal legal
13 system;
14 [(iv)] (iii) the defendant's participation in judicial diversion could
15 effectively address such [use] qualifying diagnosis; [and]
16 (iv) the defendant's qualifying diagnosis can be effectively treated
17 by existing treatment providers;
18 (v) institutional confinement of the defendant is or may not be neces-
19 sary for the protection of the public; and
20 (vi) the defendant's access to treatment through this article would
21 benefit the public and the defendant.
22 4. (a) When an authorized court determines, pursuant to paragraph (b)
23 of subdivision three of this section, that an eligible defendant should
24 be offered [alcohol or substance use] treatment, or when the parties and
25 the court agree to [an eligible defendant's participation in alcohol or
26 substance use] treatment, [an] such eligible defendant [may] shall be
27 allowed to participate in the judicial diversion program offered by this
28 article. [Prior to the court's issuing an order granting judicial
29 diversion, the eligible defendant shall be required to enter a plea of
30 guilty to the charge or charges; provided, however, that no such guilty
31 plea shall be required when:
32 (a) the people and the court consent to the entry of such an order
33 without a plea of guilty; or
34 (b) based on a finding of exceptional circumstances, the court deter-
35 mines that a plea of guilty shall not be required. For purposes of this
36 subdivision, exceptional circumstances exist when, regardless of the
37 ultimate disposition of the case, the entry of a plea of guilty is like-
38 ly to result in severe collateral consequences.]
39 (b) Eligible defendants shall not be required to submit a plea of
40 guilty to participate in judicial diversion unless they are charged with
41 a felony enumerated in section 70.02 of the penal law, other than
42 robbery in the second degree as defined in subdivision one of section
43 160.10 of the penal law; provided, however, that individuals charged
44 with burglary in the second degree as defined in subdivision two of
45 section 140.25 of the penal law may only be required to enter a plea of
46 guilty to participate in judicial diversion where the defendant is
47 charged with entering the living area of the dwelling. Individuals who
48 have been deemed eligible by the court pursuant to paragraph (c) of
49 subdivision one of section 216.00 of this article may be required to
50 submit a plea of guilty to participate in judicial diversion.
51 (c) Upon individualized consideration, a court may authorize admission
52 into judicial diversion for individuals charged with offenses enumerated
53 in paragraph (b) of this subdivision without a plea of guilty where the
54 court finds that a guilty plea is not necessary to ensure successful
55 participation in judicial diversion or that a guilty plea is likely to
56 result in significant collateral consequences.
A. 4869 7
1 (d) Notwithstanding the plea restrictions stated in article two
2 hundred twenty of this part, a plea of guilty under paragraph (b) of
3 this subdivision shall be accompanied by an agreement between all
4 parties that clearly outlines the following:
5 (i) the charge and final disposition and sentence that the participant
6 could face if they fail to complete judicial diversion; and
7 (ii) the charge and final disposition and sentence the participant is
8 entitled to receive upon successful completion of judicial diversion in
9 accordance with paragraph (e) of this subdivision.
10 (e) Notwithstanding the plea restrictions stated in article two
11 hundred twenty of this part, where a plea of guilty is required under
12 paragraph (b) of this subdivision, the court may require a plea to one
13 or more counts in the accusatory instrument and any added felony, misde-
14 meanor or violation offense not included in the accusatory instrument if
15 those charges have been agreed upon pursuant to subparagraphs (i) and
16 (ii) of paragraph (d) of this subdivision. Upon successful completion
17 of the treatment plan, if the participant pled guilty to a felony
18 charge, the court shall allow the participant to withdraw the guilty
19 plea and dismiss that charge, and otherwise execute the agreement pursu-
20 ant to subparagraph (ii) of paragraph (d) of this subdivision; provided,
21 however, that in the interest of justice, the court may also dismiss any
22 remaining charges. Under no circumstances shall a participant who
23 successfully completes judicial diversion receive a sentence of incar-
24 ceration.
25 (f) Where a guilty plea is required pursuant to this article, the
26 court may order treatment to begin and defer the entry of the plea until
27 such time as the participant is able to enter a plea knowingly, intelli-
28 gently, and voluntarily.
29 (g) Prior participation in treatment or court-mandated treatment shall
30 not preclude future treatment participation.
31 (h) An eligible defendant shall not be precluded from diversion
32 because of their gender identity.
33 5. The [defendant] participant shall agree on the record or in writing
34 to abide by the [release] judicial diversion program conditions set by
35 the court, which[, shall] may include: [participation in a specified
36 period of alcohol or substance use treatment at a specified program or
37 programs identified by the court, which may include periods of detoxifi-
38 cation, residential or outpatient treatment, or both, as determined
39 after taking into account the views of the health care professional who
40 conducted the alcohol and substance use evaluation and any health care
41 professionals responsible for providing such treatment or monitoring the
42 defendant's progress in such treatment; and may include: (i)]
43 (a) participation in the treatment plan;
44 (b) periodic court appearances, which, upon consent of the partic-
45 ipant, may [include periodic urinalysis; (ii)] be an accessible audio or
46 video appearance, notwithstanding the provisions of article one hundred
47 eighty-two of this part. When scheduling court appearances and determin-
48 ing the type of appearance required, the court shall consider the
49 participant's treatment progress and shall attempt to avoid undue hard-
50 ship, including but not limited to, treatment interruptions, the cost of
51 transportation, mobility issues, childcare and employment disruptions.
52 Upon application by defense counsel and with the consent of the partic-
53 ipant, the court shall consider waiving the appearance of the partic-
54 ipant;
55 (c) periodic drug screening as needed, when recommended by the treat-
56 ment provider as part of a participant's treatment plan. Drug screening
A. 4869 8
1 shall comport with the office of addiction services and supports' guid-
2 ance on toxicology use;
3 (d) a requirement that the [defendant] participant refrain from engag-
4 ing in criminal behaviors[; (iii) if the defendant needs treatment for
5 opioid use, that he or she];
6 (e) a requirement that participation in the treatment plan may be
7 facilitated by members of the treatment court team; provided, however,
8 that there shall be no community supervision or monitoring of the
9 participant conducted by any law enforcement personnel, including those
10 defined by sections 1.20 and 2.10 of the criminal procedure law, unless
11 the court determines that there are no alternative entities in the local
12 jurisdiction available to provide these services; or
13 (f) a requirement that under no condition shall members of the treat-
14 ment court team: conduct unannounced searches of the participant's home;
15 set curfews, other than those established by a residential facility; set
16 location restrictions; or limit family and peer relationships.
17 5-a. The court shall not disclose a participant's protected health
18 information without the participant's consent or authorization;
19 provided, however, that a court may require a participant to consent to
20 share the following protected health information as a condition of
21 participating in judicial diversion:
22 (a) record of attendance and relevant barriers to attendance;
23 (b) treatment plan and any recommended changes to the plan during
24 participation in judicial diversion;
25 (c) drug toxicology results, when part of the treatment plan; and
26 (d) relevant updates regarding engagement in the treatment plan.
27 5-b. If a participant has one or more conditions requiring
28 prescription medication or certified drug treatments they may partic-
29 ipate in and receive [medically prescribed] such medication or drug
30 treatments under the care of a health care professional licensed or
31 certified under title eight of the education law, acting within [his or
32 her] their lawful scope of practice[, provided that no].
33 (a) No court shall limit the medications that a licensed health care
34 professional has prescribed or certified for a participant;
35 (b) No court shall require the use of any specified type or brand of
36 drug during the course of medically prescribed [drug] treatments[.]; and
37 (c) No court shall penalize or sanction a participant for periods of
38 voluntary hospitalization, respite care, or other forms of supportive
39 care.
40 5-c. Every effort should be made to maximize the use of certified
41 peers in every stage of the judicial diversion process.
42 5-d. Upon request by the defense, the court shall allow participants
43 to consult a different mental health care professional for a second
44 opinion and propose an alternative treatment plan. Any alternative opin-
45 ion or alternative treatment plan shall be considered by the court when
46 determining the treatment plan.
47 6. Upon [an eligible defendant's] a participant's agreement to abide
48 by the conditions set by the court, the court shall issue a securing
49 order providing for bail or release on the [defendant's] participant's
50 own recognizance and conditioning any release upon the agreed upon
51 conditions pursuant to article five hundred ten of this chapter. The
52 period of [alcohol or substance use] treatment shall begin as specified
53 by the court and as soon as practicable after the [defendant's] partic-
54 ipant's release, taking into account the availability of treatment, so
55 as to facilitate early intervention with respect to the [defendant's
56 substance use or condition] participant's qualifying diagnosis and the
A. 4869 9
1 effectiveness of the treatment program. In the event that a treatment
2 program is not immediately available or becomes unavailable during the
3 course of the [defendant's participation] participant's involvement in
4 the judicial diversion program, the court may release the [defendant]
5 participant pursuant to the securing order.
6 7. When participating in judicial diversion treatment pursuant to this
7 article, any resident of this state who is covered under a private
8 health insurance policy or contract issued for delivery in this state
9 pursuant to article thirty-two, forty-three or forty-seven of the insur-
10 ance law or article forty-four of the public health law, or who is
11 covered by a self-funded plan which provides coverage for the diagnosis
12 and treatment of [chemical abuse and chemical dependence] mental health
13 disorders including substance use disorders, however defined in such
14 policy; shall first seek reimbursement for such treatment in accordance
15 with the provisions of such policy or contract. The court in its
16 discretion may order the participant to apply for public insurance if
17 they so qualify. The court shall not deny access to treatment for
18 inability to pay.
19 8. (a) During the period of a [defendant's participation] partic-
20 ipant's involvement in the judicial diversion program, the treatment
21 court shall retain jurisdiction of the [defendant] participant,
22 provided, however, that the court [may] shall allow such [defendant]
23 participant to (i) reside in another jurisdiction, [or] and/or (ii)
24 participate in [alcohol and substance use] treatment and other programs
25 in the jurisdiction where the [defendant] participant resides or in any
26 other jurisdiction, while participating in a judicial diversion program
27 under conditions set by the court and agreed to by the [defendant]
28 participant pursuant to subdivisions five and six of this section. In
29 cases where the participant has entered a plea of guilty, the court may
30 transfer the participant's case to the judicial diversion court in the
31 county in which the participant resides or an adjourning county pursuant
32 to subdivision five of section 170.15 of this part, subdivision four of
33 section 180.20 of this part, or section 230.21 of this part to ensure
34 continuity of treatment. Notwithstanding the restrictions outlined in
35 paragraph (b) of subdivision four of this section, the court may require
36 the participant to plead guilty prior to the transfer of the case to
37 another county.
38 (b) The court may require the [defendant] participant to appear in
39 court [at any time] or, upon the request of the participant, make audio
40 or video appearances pursuant to paragraph (b) of subdivision five of
41 this section to enable the court to [monitor] promote the [defendant's]
42 participant's progress in [alcohol or substance use] treatment. The
43 court shall provide notice, reasonable under the circumstances, to the
44 people, the treatment provider, the [defendant] participant and the
45 [defendant's] participant's counsel whenever it orders or otherwise
46 requires the appearance of the [defendant in] participation for court
47 appearances. Failure to appear as required without reasonable cause
48 therefor shall constitute a violation of the conditions of the court's
49 agreement with the [defendant] participant.
50 9. (a) If at any time during the [defendant's participation] partic-
51 ipant's engagement in the judicial diversion program, the court has
52 reasonable grounds to believe that the [defendant] participant has
53 violated a [release] program condition in an important respect or has
54 willfully failed to appear before the court as requested, the court
55 except as provided in subdivision two of section 510.50 of this chapter
56 regarding a failure to appear, shall direct the [defendant] participant
A. 4869 10
1 to appear or issue a bench warrant to a police officer or an appropriate
2 peace officer directing [him or her] them to take the [defendant]
3 participant into custody and bring the [defendant] participant before
4 the court without unnecessary delay; provided, however, that under no
5 circumstances shall a [defendant] participant who requires treatment for
6 opioid use be deemed to have violated a release condition on the basis
7 of [his or her] their participation in medically prescribed drug treat-
8 ments under the care of a health care professional licensed or certified
9 under title eight of the education law, acting within [his or her] their
10 lawful scope of practice. Where a court intends to impose a response
11 that would result in incarceration or termination from judicial diver-
12 sion, the court shall conduct a hearing on the alleged violation pursu-
13 ant to paragraph (b) of this subdivision with at least forty-eight hours
14 notice to the participant or the participant's counsel, unless notice is
15 waived by the participant. In violations that may result in other
16 possible responses, a court may grant such hearing as a matter of
17 discretion. The relevant provisions of section 530.60 of this chapter
18 relating to issuance of securing orders shall apply to such proceedings
19 under this subdivision.
20 (b) [In determining whether a defendant violated a condition of his or
21 her release under the judicial diversion program, the court may conduct
22 a summary hearing consistent with due process and sufficient to satisfy
23 the court that the defendant has, in fact, violated the condition.]
24 Where a hearing is conducted pursuant to paragraph (a) of this subdivi-
25 sion:
26 (i) The people shall bear the burden of proving by clear and convinc-
27 ing evidence that the participant has violated a condition of the judi-
28 cial diversion program in an important respect or has willfully failed
29 to appear. The participant may cross-examine witnesses and may present
30 relevant, admissible evidence on their own behalf.
31 (ii) The court shall consider oral and written arguments, testimony
32 from witnesses offered by either party, and relevant evidence to assist
33 in making its determination. Reliable hearsay shall be admissible at
34 such hearings.
35 (iii) The court shall explain its findings and sentence, if so
36 imposed, on the record or in writing.
37 (iv) At the request of the participant or the participant's counsel,
38 the court may conduct proceedings off the record for portions of the
39 proceedings that will likely result in adverse collateral consequences,
40 including immigration consequences. In the alternative, the court shall
41 seal portions of the proceeding that may result in such consequences.
42 (c) If the court determines by clear and convincing evidence that the
43 [defendant] participant has violated a program condition [of his or her
44 release under the judicial diversion program, the] in an important
45 respect or willfully failed to appear, the court shall respond by using
46 a system of graduated and appropriate responses designed to address such
47 inappropriate behaviors and facilitate, where possible, successful
48 completion of the treatment program. The court may permit the partic-
49 ipant to continue their treatment mandate as previously ordered; modify
50 the [conditions thereof, reconsider the order of recognizance or bail
51 pursuant to subdivision two of section 510.30 of this chapter,] treat-
52 ment plan according to the recommendation of the treatment provider; or
53 terminate the [defendant's] participant's participation in the judicial
54 diversion program[; and when applicable proceed with the defendant's
55 sentencing in accordance with the agreement. Notwithstanding any
56 provision of law to the contrary, the court may impose any sentence
A. 4869 11
1 authorized for the crime of conviction in accordance with the plea
2 agreement, or any lesser sentence authorized to be imposed on a felony
3 drug offender pursuant to paragraph (b) or (c) of subdivision two of
4 section 70.70 of the penal law taking into account] if no other treat-
5 ment option is available. If the court finds a reasonable explanation or
6 mitigation for any alleged violation or alleged willful failure to
7 appear, the securing order shall not be modified. The court shall
8 consider:
9 (i) the length of time the [defendant] participant has spent in [resi-
10 dential] treatment and how best to continue treatment [while the defend-
11 ant is serving that sentence. In determining what action to take for a
12 violation of a release condition, the court shall consider];
13 (ii) all relevant circumstances, including the views of the prosecu-
14 tor, the defense and the [alcohol or substance use] participant's inter-
15 est in continuing treatment [provider, and the extent to which persons
16 who ultimately successfully complete a drug treatment regimen sometimes]
17 or the program;
18 (iii) the role of relapse [by not abstaining from alcohol or substance
19 use or by failing to comply fully with all requirements imposed by a
20 treatment program. The court shall also consider using a system of
21 graduated and appropriate responses or sanctions designed to address
22 such inappropriate behaviors, protect public safety and facilitate,
23 where possible, successful completion of the alcohol or substance use
24 treatment program] in recovery and treatment; and
25 (iv) any other mitigating factors that may have impacted the alleged
26 violation or willful failure to appear.
27 (d) In the event of termination from the judicial diversion program,
28 all participants, except those who entered a guilty plea pursuant to
29 paragraph (b) of subdivision four of this section, shall resume
30 proceedings in criminal or supreme court. Those who previously entered a
31 guilty plea shall be sentenced according to the following provisions:
32 (i) Upon individualized consideration, the court in its discretion may
33 downwardly depart from the disposition and sentence outlined in the
34 agreement under paragraph (d) of subdivision four of this section.
35 (ii) Notwithstanding the sentencing restrictions outlined in section
36 70.00, 70.02, 70.04, 70.06, 70.08, or 70.10 of the penal law, where the
37 court determines that the individual made a good faith effort to partic-
38 ipate in the judicial diversion program, the court shall impose a defi-
39 nite sentence of imprisonment of three hundred sixty-four days or less,
40 probation, a conditional discharge, or a determinate term of imprison-
41 ment as follows:
42 (1) For a class B felony, the term must not exceed five years;
43 (2) For a class C felony, the term must not exceed three and one-half
44 years;
45 (3) For a class D felony, the term must not exceed two years; and
46 (4) For a class E felony, the term must not exceed one and one-half
47 years.
48 (iii) Prior to imposing any sentence of incarceration, the court shall
49 hold a hearing to consider whether it would be unduly harsh to impose a
50 sentence of incarceration in light of the nature and circumstances of
51 the underlying charges and the history, character and condition of the
52 defendant. In addition, the court shall consider any other mitigating
53 factors.
54 (iv) At the hearing to determine whether the defendant should be
55 sentenced pursuant to this subdivision, the court shall consider oral
56 and written arguments, take testimony from witnesses offered by either
A. 4869 12
1 party, and consider relevant evidence to assist in making its determi-
2 nation. Reliable hearsay shall be admissible at such hearings. The
3 court shall explain its sentence on the record or in writing.
4 [(d)] (e) Nothing in this subdivision shall be construed [as prevent-
5 ing a court from terminating a defendant's participation in the judicial
6 diversion program for violating a release condition when such a termi-
7 nation is necessary to preserve public safety. Nor shall anything in
8 this subdivision be construed] as precluding the prosecution of a
9 [defendant] participant for the commission of a different offense while
10 participating in the judicial diversion program.
11 [(e)] (f) A [defendant] participant may at any time advise the court
12 that [he or she wishes] they wish to terminate participation in the
13 judicial diversion program, at which time the court shall [proceed with
14 the case and, where applicable, shall impose sentence in accordance with
15 the plea agreement. Notwithstanding any provision of law to the contra-
16 ry, the court may impose any sentence authorized for the crime of
17 conviction in accordance with the plea agreement, or any lesser sentence
18 authorized to be imposed on a felony drug offender pursuant to paragraph
19 (b) or (c) of subdivision two of section 70.70 of the penal law taking
20 into account the length of time the defendant spent in residential
21 treatment and how best to continue treatment while the defendant is
22 serving that sentence] transfer the case back to the appropriate trial
23 part.
24 10. Upon the court's determination that the [defendant] participant
25 has successfully completed the required period of [alcohol or substance
26 use] treatment and has otherwise satisfied the conditions required for
27 successful completion of the judicial diversion program, the court shall
28 comply with the terms and conditions it set for final disposition when
29 it accepted the defendant's agreement to participate in the judicial
30 diversion program. [Such disposition may include, but is not limited to:
31 (a) requiring the defendant to undergo a period of interim probation
32 supervision and, upon the defendant's successful completion of the
33 interim probation supervision term, notwithstanding the provision of any
34 other law, permitting the defendant to withdraw his or her guilty plea
35 and dismissing the indictment; or (b) requiring the defendant to undergo
36 a period of interim probation supervision and, upon successful
37 completion of the interim probation supervision term, notwithstanding
38 the provision of any other law, permitting the defendant to withdraw his
39 or her guilty plea, enter a guilty plea to a misdemeanor offense and
40 sentencing the defendant as promised in the plea agreement, which may
41 include a period of probation supervision pursuant to section 65.00 of
42 the penal law; or (c) allowing the defendant to withdraw his or her
43 guilty plea and dismissing] Where the participant was required to enter
44 a plea of guilty pursuant to paragraph (b) of subdivision four of this
45 section, the court shall apply the disposition and sentence outlined in
46 the agreement under subparagraph (ii) of paragraph (d) of subdivision
47 four of this section. Where the participant did not enter a plea of
48 guilty pursuant to paragraph (b) of subdivision four of this section,
49 the court shall dismiss the indictment or superior court information,
50 felony complaint, misdemeanor complaint, information, simplified infor-
51 mation, or prosecutor's information and seal the case pursuant to
52 section 160.50 of this chapter.
53 (a) Participants who successfully complete judicial diversion shall be
54 eligible to apply for sealing pursuant to section 160.58 of this chap-
55 ter.
A. 4869 13
1 (b) Upon successful completion of judicial diversion, the court shall
2 notify the participant of their potential eligibility for sealing pursu-
3 ant to subdivision two of section 160.58 of this chapter. No participant
4 shall be required or permitted to waive eligibility for sealing as a
5 condition of participation in judicial diversion.
6 (c) Where necessary, the court may issue a final order of protection
7 as outlined in subdivision five of section 530.12 or subdivision four of
8 530.13 of this chapter even where the final disposition is a dismissal.
9 Notwithstanding the restrictions of section 160.50 of this chapter, such
10 order of protection and any documents necessary to establish proof of
11 service may be made available to qualified agencies, as defined in
12 subdivision nine of section eight hundred thirty-five of the executive
13 law. The duration of such final order of protection shall not exceed
14 five years.
15 10-a. Treatment providers shall collaborate with the participant and
16 the court to create a post-graduation plan prior to completion of judi-
17 cial diversion. Such plan shall make every effort to assist the partic-
18 ipant in obtaining stable housing and meeting their self-identified
19 long-term goals after graduation. However, when a participant finishes
20 their treatment plan, they shall be considered to have successfully
21 completed their obligation to the court, regardless of their ability to
22 secure housing, employment, or other personal goals identified.
23 11. Nothing in this article shall be construed as restricting or
24 prohibiting courts or district attorneys from using other lawful proce-
25 dures or models for placing appropriate persons into [alcohol or
26 substance use] treatment.
27 § 7. The criminal procedure law is amended by adding a new section
28 216.10 to read as follows:
29 § 216.10 Diversion part established.
30 1. The chief administrator of the courts is hereby directed to estab-
31 lish, in each county of the state, a part of the court to be known as
32 the diversion part for the county in which such court presides. To aid
33 in their work, such judges and diversion court personnel shall receive
34 annual training in specialized areas, including, but not limited to
35 disability, mental illness, and substance use disorder needs, including
36 co-occurring disorders, evidence-based practices, trauma-informed care,
37 the immigration consequences of participation in judicial diversion for
38 individuals who are not United States citizens, certified peer programs,
39 harm reduction principles, and protected health information, as well as
40 training in procedural justice and cultural competency and medicaid or
41 medicare eligibility. The chief administrator of the courts shall ensure
42 that all employees who staff the diversion parts receive specialized
43 training in procedural justice and working with people with complex
44 needs.
45 2. Each chief administrator of the courts shall at the end of each
46 year prepare and file an annual report, which the office shall compile,
47 publish on its website and make available upon request to members of the
48 public. Such reports shall not include any personal identifying informa-
49 tion for any individual participants. Each such report, in addition to
50 other relevant information, shall set forth the following, disaggregated
51 by each county served:
52 (a) the number of people with cases in the diversion part for each of
53 the following categories, broken down by gender, sex, race and ethnici-
54 ty:
55 (i) the number of people who make an application for evaluation;
A. 4869 14
1 (ii) the number of people who are accepted into judicial diversion;
2 and
3 (iii) the number of people who successfully complete the program;
4 (b) the length of time, in months, each case remained in the diversion
5 part prior to acquittal, dismissal, release on recognizance, revocation
6 of release on conditions, and sentencing;
7 (c) the crimes with which each participant was charged;
8 (d) the specific qualifying diagnosis or diagnoses for which the
9 participant received treatment while participating in the judicial
10 diversion program;
11 (e) the final disposition, including the sentence, of each case
12 considered for judicial diversion;
13 (f) a list of service providers, including contact information, that
14 the diversion part in the superior court of the county partners with to
15 serve participants;
16 (g) the average amount of time that an eligible defendant must wait
17 for a clinical evaluation; and
18 (h) the number of eligible defendants denied admission to judicial
19 diversion due to the unavailability of treatment services pursuant to
20 subparagraph (iv) of paragraph (b) of subdivision four of section 216.05
21 of this article, and the specific qualifying diagnosis that the court
22 determined could not be adequately treated by existing treatment court
23 providers.
24 § 8. Subdivision 5 of section 170.15 of the criminal procedure law, as
25 amended by chapter 91 of the laws of 2021, is amended to read as
26 follows:
27 5. (a) Notwithstanding any provision of this section to the contrary,
28 in any county [outside a city having a population of one million or
29 more], upon or after arraignment of a defendant on an information, a
30 simplified information, a prosecutor's information or a misdemeanor
31 complaint pending in a local criminal court, such court [may] shall,
32 upon motion of the defendant and after giving the district attorney an
33 opportunity to be heard, order that the action be removed from the court
34 in which the matter is pending to another local criminal court in the
35 same county, or with consent of the district attorney and the district
36 attorney of the adjoining county to another court in [such] an adjoining
37 county, or to a court in the county in which the defendant resides that
38 has been designated as a judicial diversion, human trafficking [court],
39 or veterans treatment court by the chief administrator of the courts,
40 and such judicial diversion, human trafficking [court], or veterans
41 treatment court [may] shall then conduct such action to judgment or
42 other final deposition; provided, however, that no court may order
43 removal pursuant to this subdivision to a veterans treatment court of a
44 family offense charge described in subdivision one of section 530.11 of
45 this chapter where the accused and the person alleged to be the victim
46 of such offense charged are members of the same family or household as
47 defined in such subdivision one of section 530.11; and provided further
48 that an order of removal issued under this subdivision shall not take
49 effect until five days after the date the order is issued unless, prior
50 to such effective date, the human trafficking court or veterans treat-
51 ment court notifies the court that issued the order that:
52 i. it will not accept the action, in which event the order shall not
53 take effect; or
54 ii. it will accept the action on a date prior to such effective date,
55 in which event the order shall take effect upon such prior date.
A. 4869 15
1 (b) Upon providing notification pursuant to subparagraph i or ii of
2 paragraph (a) of this subdivision, the human trafficking court or veter-
3 ans treatment court shall promptly give notice to the defendant, [his or
4 her] the defendant's counsel, and the district attorney.
5 § 9. Subdivision 4 of section 180.20 of the criminal procedure law, as
6 amended by chapter 91 of the laws of 2021, is amended to read as
7 follows:
8 4. (a) Notwithstanding any provision of this section to the contrary,
9 [in any county outside a city having a population of one million or
10 more,] upon or after arraignment of a defendant on a felony complaint
11 pending in a local criminal court having preliminary jurisdiction there-
12 of, such court [may] shall, upon motion of the defendant and after
13 giving the district attorney an opportunity to be heard, order that the
14 action be removed from the court in which the matter is pending to
15 another local criminal court in the same county, or with consent of the
16 district attorney and the district attorney of the adjoining county to
17 another court in such adjoining county, or to a court in the county in
18 which the defendant resides, that has been designated as a judicial
19 diversion, human trafficking [court], or veterans treatment court by the
20 chief administrator of the courts, and such judicial diversion, human
21 trafficking [court], or veterans treatment court may then conduct such
22 action to judgment or other final disposition; provided, however, that
23 no court may order removal pursuant to this subdivision to a veterans
24 treatment court of a family offense charge described in subdivision one
25 of section 530.11 of this chapter where the accused and the person
26 alleged to be the victim of such offense charged are members of the same
27 family or household as defined in such subdivision one of section
28 530.11; and provided further an order of removal issued under this
29 subdivision shall not take effect until five days after the date the
30 order is issued unless, prior to such effective date, the human traf-
31 ficking court or veterans treatment court notifies the court that issued
32 the order that:
33 i. it will not accept the action, in which event the order shall not
34 take effect; or
35 ii. it will accept the action on a date prior to such effective date,
36 in which event the order shall take effect upon such prior date.
37 (b) Upon providing notification pursuant to subparagraph i or ii of
38 paragraph (a) of this subdivision, the human trafficking court or veter-
39 ans treatment court shall promptly give notice to the defendant, [his or
40 her] the defendant's counsel and the district attorney.
41 § 10. Section 230.21 of the criminal procedure law, as added by chap-
42 ter 91 of the laws of 2021, is amended to read as follows:
43 § 230.21 Removal of action to certain courts in an adjoining county or
44 county in which the defendant resides.
45 1. In any county [outside a city having a population of one million or
46 more], [the] upon or after arraignment of a defendant on an indictment
47 pending in a superior court having jurisdiction thereof, such court
48 [may] shall, upon motion of the defendant and with consent of the
49 district attorney and the district attorney of the adjoining county that
50 has a superior court designated a human trafficking court or veterans
51 treatment court by the chief administrator of the courts, order that the
52 indictment and action be removed from the court in which the matter is
53 pending to [such] a superior court in an adjoining county or in the
54 county in which the defendant resides that has been designated a judi-
55 cial diversion, human trafficking [court], or veterans treatment court,
56 whereupon such court may then conduct such action to judgment or other
A. 4869 16
1 final disposition; provided, however, that no court may order removal to
2 a veterans treatment court of a family offense charge described in
3 subdivision one of section 530.11 of this chapter pursuant to this
4 section where the accused and the person alleged to be the victim of
5 such offense charged are members of the same family or household as
6 defined in such subdivision one of section 530.11; and provided further
7 that an order of removal issued under this subdivision shall not take
8 effect until five days after the date the order is issued unless, prior
9 to such effective date, the human trafficking court or veterans treat-
10 ment court notifies the court that issued the order that:
11 (a) it will not accept the action, in which event the order shall not
12 take effect, or
13 (b) it will accept the action on a date prior to such effective date,
14 in which event the order shall take effect upon such prior date.
15 2. Upon providing notification pursuant to paragraph (a) or (b) of
16 subdivision one of this section, the human trafficking court or veterans
17 treatment court shall promptly give notice to the defendant, [his or
18 her] the defendant's counsel and the district attorney of both counties.
19 § 11. Paragraph (r) of subdivision 2 of section 212 of the judiciary
20 law, as added by section 15 of part AAA of chapter 56 of the laws of
21 2009, is amended to read as follows:
22 (r) Ensure that cases eligible for judicial diversion pursuant to
23 article two hundred sixteen of the criminal procedure law shall be
24 assigned to court parts in the manner provided by the chief administra-
25 tor and that, to the extent practicable, such cases are presided over by
26 judges who, by virtue of the structure, caseload and resources of the
27 parts and the judges' training, are in the best position to provide
28 effective supervision over such cases, such as the [drug] treatment
29 courts. In compliance with these provisions, the chief administrator
30 shall [give due weight to] individually assess the need for diverted
31 defendants to make regular court appearances, and be closely supervised
32 by the court, for the duration of [drug] treatment and the pendency of
33 the criminal charge.
34 § 12. The section heading, subdivision 1, and the opening paragraph of
35 subdivision 2 of section 160.58 of the criminal procedure law, as added
36 by section 3 of part AAA of chapter 56 of the laws of 2009, are amended
37 to read as follows:
38 Conditional sealing of certain [controlled substance, marihuana or
39 specified offense] convictions for people who complete judicial diver-
40 sion or a judicially sanctioned drug treatment program.
41 1. A [defendant convicted of any offense defined in article two
42 hundred twenty or two hundred twenty-one of the penal law or a specified
43 offense defined in subdivision five of section 410.91 of this chapter]
44 person who has successfully completed a judicial diversion program under
45 article two hundred sixteen of this chapter, or one of the programs
46 heretofore known as drug treatment alternative to prison or another
47 judicially sanctioned drug treatment program of similar duration,
48 requirements and level of supervision, and [has completed the sentence
49 imposed for the offense or offenses,] was sentenced for an offense or
50 offenses upon completion of such program is eligible to have such
51 offense or offenses conditionally sealed pursuant to this section. For
52 such offenses, the court that sentenced the defendant to a judicially
53 sanctioned drug treatment program may, on its own motion or on the
54 defendant's motion, order that all official records and papers relating
55 to the arrest, prosecution and conviction which resulted in the defend-
A. 4869 17
1 ant's participation in the judicially sanctioned drug treatment program
2 be conditionally sealed.
3 [The court that sentenced the defendant to a judicially sanctioned
4 drug treatment program may on its own motion, or on the defendant's
5 motion, order that all official records and papers relating to the
6 arrest, prosecution and conviction which resulted in the defendant's
7 participation in the judicially sanctioned drug treatment program be
8 conditionally sealed. In such case, the court may also]
9 Where a person has completed a judicial diversion program pursuant to
10 article two hundred sixteen of this chapter or a drug treatment alterna-
11 tive to prison program or another judicially sanctioned drug treatment
12 program, the court that supervised the person's participation in the
13 program may, on its own motion or on the defendant's motion, condi-
14 tionally seal the arrest, prosecution and conviction records for no more
15 than three of the [defendant's] person's prior eligible misdemeanors,
16 which for purposes of this subdivision shall be limited to misdemeanor
17 offenses defined in article two hundred twenty [or], two hundred twen-
18 ty-one, or two hundred twenty-two of the penal law. The court may only
19 seal the records of the defendant's arrests, prosecutions and
20 convictions when:
21 § 13. Paragraph (j) of subdivision 1 of section 210.40 of the criminal
22 procedure law, as added by chapter 216 of the laws of 1979, is amended
23 to read as follows:
24 (j) any other relevant fact indicating that a judgment of conviction
25 would serve no useful purpose, including but not limited to, whether the
26 defendant was denied admission to judicial diversion due to the unavail-
27 ability of adequate treatment services pursuant to subparagraph (iv) of
28 paragraph (b) of subdivision three of section 216.05 of this chapter.
29 § 14. Paragraph (j) of subdivision 1 of section 170.40 of the criminal
30 procedure law, as added by chapter 216 of the laws of 1979, is amended
31 to read as follows:
32 (j) any other relevant fact indicating that a judgment of conviction
33 would serve no useful purpose, including but not limited to, whether the
34 defendant was denied admission to judicial diversion due to the unavail-
35 ability of adequate treatment services pursuant to subparagraph (iv) of
36 paragraph (b) of subdivision three of section 216.05 of this chapter.
37 § 15. This act shall take effect one year after it shall have become a
38 law; provided, however that the amendments to the opening paragraph of
39 subdivision 1 of section 216.00 of the criminal procedure law made by
40 section two of this act shall be subject to the expiration and reversion
41 of such paragraph pursuant to section 12 of chapter 90 of the laws of
42 2014, as amended, when upon such date the provisions of section three of
43 this act shall take effect.
