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A06603 Summary:

BILL NOA06603
 
SAME ASNo Same As
 
SPONSORHevesi
 
COSPNSRJackson, Epstein
 
MLTSPNSR
 
Amd Art 216 Art Head, §§216.00 & 216.05, rpld §216.00 sub 1 ¶¶(a) & (b), cl ¶, add §216.10, CP L
 
Relates to judicial diversion programs and establishes a diversion part in each county; and repeals certain provisions of law relating thereto.
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A06603 Actions:

BILL NOA06603
 
03/19/2021referred to codes
10/04/2021enacting clause stricken
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A06603 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6603
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 19, 2021
                                       ___________
 
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the  criminal procedure law, in relation to judicial
          diversion programs; and to  repeal  certain  provisions  of  such  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 chapter 90 of the laws of 2014, is
     8  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-one of the penal law or any other specified
    13  offense  as  defined in subdivision four of section 410.91 of this chap-
    14  ter, provided, however, a defendant is not an "eligible defendant" if he
    15  or she:], misdemeanor complaint or felony complaint with any offense and
    16  has a functional impairment.
    17    § 3. The opening paragraph of subdivision 1 of section 216.00  of  the
    18  criminal  procedure law, as added by section 4 of part AAA of chapter 56
    19  of the laws of 2009, is amended to read as follows:
    20    "Eligible defendant" means any person who stands charged in an indict-
    21  ment [or a], superior court information [with a class B, C, D or E felo-
    22  ny offense defined in article two hundred twenty or two hundred  twenty-
    23  one  of  the  penal  law  or  any  other specified offense as defined in
    24  subdivision four of section 410.91 of this chapter, provided, however, a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06635-01-1

        A. 6603                             2

     1  defendant is not an "eligible defendant" if  he  or  she:],  misdemeanor
     2  complaint  or  felony  complaint  with  any offense and has a functional
     3  impairment.
     4    § 4. Paragraphs (a) and (b) and the closing paragraph of subdivision 1
     5  of section 216.00 of the criminal procedure law are REPEALED.
     6    § 5. Subdivision 2 of section 216.00 of the criminal procedure law, as
     7  added  by  section  4  of part AAA of chapter 56 of the laws of 2009, is
     8  amended to read as follows:
     9    2. ["Alcohol and substance  abuse]  "Functional  impairment"  means  a
    10  condition  determined  by  a licensed health care professional to impair
    11  the defendant's functioning. A functional impairment may include, but is
    12  not limited to, substance abuse or alcohol dependence,  mental  illness,
    13  developmental disability, intellectual disability, traumatic brain inju-
    14  ry  or  other  neurological  disease,  personality  disorder,  cognitive
    15  dysfunction, dementia or emotional disturbance. The court shall defer to
    16  licensed health care professionals and  the  broader  medical  community
    17  consensus  in determining what a functional impairment is in recognition
    18  that such standards may change quickly within the medical field based on
    19  new research. A person may have more than one functional impairment.
    20    3. "Clinical evaluation" means a written assessment and  report  by  a
    21  court-approved  entity  or licensed health care professional experienced
    22  in the treatment of [alcohol and substance abuse, or] functional impair-
    23  ments as defined in subdivision two of this  section  or  an  evaluation
    24  conducted  by an addiction and substance abuse counselor credentialed by
    25  the office  of  [alcoholism  and  substance  abuse  services]  addiction
    26  services  and  supports  pursuant to section 19.07 of the mental hygiene
    27  law, which shall include:
    28    (a) an evaluation as to whether the defendant currently has a [history
    29  of alcohol or substance abuse or alcohol or substance dependence]  func-
    30  tional  impairment  including  but  not limited to a mental disorder, as
    31  [such terms are] defined in the diagnostic  and  statistical  manual  of
    32  mental  disorders,  [fourth]  fifth  edition, and a co-occurring [mental
    33  disorder or mental illness and the relationship between  such  abuse  or
    34  dependence and mental disorder or mental illness] functional impairment,
    35  if any;
    36    (b)  a  recommendation  as  to  whether  the  defendant's  [alcohol or
    37  substance abuse or dependence] functional impairments, if any, could  be
    38  effectively  addressed  by  judicial  diversion  in accordance with this
    39  article;
    40    (c) a recommendation as to the treatment modality, level of  care  and
    41  length  of any proposed treatment to effectively address the defendant's
    42  [alcohol or substance abuse or dependence and  any  co-occurring  mental
    43  disorder or illness] functional impairments; and
    44    (d)  any  other  information,  factor, circumstance, or recommendation
    45  deemed relevant by the assessing entity or specifically requested by the
    46  court.
    47    § 6. Section 216.05 of the criminal procedure law, as added by section
    48  4 of part AAA of chapter 56 of  the  laws  of  2009,  subdivision  5  as
    49  amended  by  chapter 67 of the laws of 2016, subdivision 8 as amended by
    50  chapter 315 of the laws of 2016 and paragraph (a) of  subdivision  9  as
    51  amended  by section 21 of part JJJ of chapter 59 of the laws of 2019, is
    52  amended to read as follows:
    53  § 216.05 Judicial diversion program; court procedures.
    54    1. At any time after the arraignment of  an  eligible  defendant,  but
    55  prior to the entry of a plea of guilty or the commencement of trial, the
    56  court  at  the  request of the eligible defendant, [may] shall order [an

        A. 6603                             3

     1  alcohol and substance abuse] a clinical evaluation. An eligible  defend-
     2  ant  may  decline  to participate in such an evaluation at any time. The
     3  defendant shall provide a written authorization, in compliance with  the
     4  requirements  of  any  applicable  state or federal laws, rules or regu-
     5  lations authorizing disclosure of the results of the assessment  to  the
     6  defendant's  attorney,  the  prosecutor, the local probation department,
     7  the court, authorized court personnel and other individuals specified in
     8  such authorization for the  sole  purpose  of  determining  whether  the
     9  defendant  should  be  offered  judicial  diversion  for  treatment  for
    10  [substance abuse or dependence, alcohol  abuse  or  dependence  and  any
    11  co-occurring mental disorder or mental illness] functional impairment or
    12  mental disorder.
    13    2.  Upon  receipt of the completed [alcohol and substance abuse] clin-
    14  ical evaluation report, the court shall provide a copy of the report  to
    15  the  eligible  defendant  and the [prosecutor] defendant's counsel.  Any
    16  finding in the report or assessment that  the  defendant  has  a  mental
    17  disorder  as  defined in the diagnostic and statistical manual of mental
    18  disorders, fifth edition, or a clinical  diagnosis  of  another  serious
    19  functional  impairment  shall be viewed as presumptive evidence that the
    20  case should be diverted and the defendant should receive treatment.
    21    3. (a) Upon receipt  of  the  evaluation  report  [either  party]  the
    22  defendant  may  request  a  hearing on the issue of whether the eligible
    23  defendant should be  offered  [alcohol  or  substance  abuse]  treatment
    24  pursuant  to this article. At such time, the defendant shall turn over a
    25  complete copy of the evaluation report to the prosecutor and the  court.
    26  At  such  a proceeding, which shall be held as soon as practicable so as
    27  to facilitate early intervention in the  event  that  the  defendant  is
    28  found  to  need  [alcohol  or  substance abuse] treatment, the court may
    29  consider oral and written arguments, may take testimony  from  witnesses
    30  offered  by either party, and may consider any relevant evidence includ-
    31  ing, but not limited to, evidence that:
    32    (i) the defendant had within the preceding ten  years  (excluding  any
    33  time  during  which the offender was incarcerated for any reason between
    34  the time of the acts that led to the youthful offender adjudication  and
    35  the time of commission of the present offense) been adjudicated a youth-
    36  ful  offender  for:  (A)  a violent felony offense as defined in section
    37  70.02 of the penal law; or (B) any offense for which a merit time allow-
    38  ance is not available pursuant to subparagraph (ii) of paragraph (d)  of
    39  subdivision  one  of  section eight hundred three of the correction law;
    40  and
    41    (ii) in the case of a felony offense defined in  subdivision  four  of
    42  section  410.91  of  this  chapter, any statement of or submitted by the
    43  victim, as defined in paragraph (a) of subdivision two of section 380.50
    44  of this chapter; and
    45    (iii) the defendant has a functional impairment; and
    46    (iv) the defendant's functional impairment contributed to their crimi-
    47  nal legal system involvement.
    48    (b) Upon completion of such a proceeding, the court shall consider and
    49  make findings of fact with respect to whether:
    50    (i) the defendant is an eligible defendant as defined  in  subdivision
    51  one of section 216.00 of this article;
    52    (ii)  the  defendant  has  a [history of alcohol or substance abuse or
    53  dependence] functional impairment  as  defined  in  subdivision  two  of
    54  section 216.00 of this article;

        A. 6603                             4
 
     1    (iii)  such  [alcohol  or  substance  abuse  or dependence] functional
     2  impairment is or may be a contributing factor to the defendant's [crimi-
     3  nal behavior] involvement in the criminal legal system;
     4    (iv)  the defendant's participation in judicial diversion could effec-
     5  tively address such [abuse or dependence] functional impairment; and
     6    (v) institutional confinement [of] or  outpatient  treatment  for  the
     7  defendant  [is or may not be necessary for the protection of the public]
     8  would benefit the public or the defendant.
     9    4. (a) When an authorized court determines, pursuant to paragraph  (b)
    10  of  subdivision three of this section, that an eligible defendant should
    11  be offered [alcohol or substance abuse] treatment, or when  the  parties
    12  and the court agree to an eligible defendant's participation in [alcohol
    13  or  substance  abuse]  treatment,  an  eligible defendant [may] shall be
    14  allowed to participate in the judicial diversion program offered by this
    15  article.   [Prior to the court's  issuing  an  order  granting  judicial
    16  diversion,  the  eligible defendant shall be required to enter a plea of
    17  guilty to the charge or charges; provided, however, that no such  guilty
    18  plea shall be required when:
    19    (a)  the  people  and  the court consent to the entry of such an order
    20  without a plea of guilty; or
    21    (b) based on a finding of exceptional circumstances, the court  deter-
    22  mines  that a plea of guilty shall not be required. For purposes of this
    23  subdivision, exceptional circumstances exist  when,  regardless  of  the
    24  ultimate disposition of the case, the entry of a plea of guilty is like-
    25  ly to result in severe collateral consequences.]
    26    (b) There shall be a presumption in favor of allowing eligible defend-
    27  ants  to  participate  in the judicial diversion program without a prior
    28  plea of guilt. This presumption recognizes the presumption of  innocence
    29  in  all  cases before the prosecutor obtains a conviction. This presump-
    30  tion also protects defendants from the  severe  collateral  consequences
    31  associated  with a criminal conviction, particularly consequences relat-
    32  ing to immigration status, licensing for employment, and housing.  Under
    33  no  circumstances  shall  the prosecutor serve as a gatekeeper to diver-
    34  sion.
    35    (c) In the rare circumstance that a court determines that  a  plea  of
    36  guilty  prior  to treatment is necessary, such as when the defendant has
    37  previously failed to complete judicial diversion under this  article  on
    38  more  than  two  occasions, the defendant shall not be required to waive
    39  their trial rights or submit an affidavit conceding their  guilt.  Under
    40  no  circumstance shall a court require a plea of guilty prior to disclo-
    41  sure of the discovery material in the case pursuant to section 245.25 of
    42  this chapter.
    43    5. The defendant shall agree on the record or in writing to  abide  by
    44  the release conditions set by the court, which, shall include[:] partic-
    45  ipation  in a specified period of [alcohol or substance abuse] treatment
    46  at a specified program or programs identified by the court[,  which  may
    47  include]. The court shall take into account the views of the health care
    48  professional  who  conducted the clinical evaluation and any health care
    49  professionals responsible for providing such treatment or monitoring the
    50  defendant's progress in such treatment.  Additional  release  conditions
    51  may include:
    52    (a) adhering to a doctor's prescribed medication,
    53    (b) periods of detoxification,
    54    (c)  residential or outpatient treatment, or both, as determined after
    55  taking into account the  views  of  the  health  care  professional  who
    56  conducted  the  mental  health assessment or alcohol and substance abuse

        A. 6603                             5
 
     1  evaluation and any health care professionals responsible  for  providing
     2  such treatment or monitoring the defendant's progress in such treatment;
     3  and may include:
     4    [(i)]  (d)  periodic  court  appearances,  which  may include periodic
     5  urinalysis;
     6    [(ii)] (e) a requirement that the defendant refrain from  engaging  in
     7  criminal behaviors;
     8    [(iii)]  (f)  if  the  defendant  needs  treatment for opioid abuse or
     9  dependence or has another condition requiring  prescription  medication,
    10  that  he or she may participate in and receive medically prescribed drug
    11  treatments under the care of a  health  care  professional  licensed  or
    12  certified  under  title eight of the education law, acting within his or
    13  her lawful scope of practice[, provided that no]. No court shall require
    14  the use of any specified type or brand of  drug  during  the  course  of
    15  medically prescribed drug treatments.
    16    6.  Upon  an eligible defendant's agreement to abide by the conditions
    17  set by the court, the court shall issue a securing order  providing  for
    18  bail or release on the defendant's own recognizance and conditioning any
    19  release upon the agreed upon conditions pursuant to article five hundred
    20  ten  of this chapter. The period of alcohol or substance abuse treatment
    21  shall begin as specified by the court and as soon as  practicable  after
    22  the  defendant's release, taking into account the availability of treat-
    23  ment, so as to facilitate early intervention with respect to the defend-
    24  ant's abuse or condition and the effectiveness of the treatment program.
    25  In the event that a treatment program is not  immediately  available  or
    26  becomes  unavailable  during the course of the defendant's participation
    27  in the judicial diversion program, the court may release  the  defendant
    28  pursuant to the securing order.
    29    7. When participating in judicial diversion treatment pursuant to this
    30  article,  any  resident  of  this  state  who is covered under a private
    31  health insurance policy or contract issued for delivery  in  this  state
    32  pursuant to article thirty-two, forty-three or forty-seven of the insur-
    33  ance  law  or  article  forty-four  of  the public health law, or who is
    34  covered by a self-funded plan which provides coverage for the  diagnosis
    35  and treatment of mental illness, chemical abuse and chemical dependence,
    36  or any other functional impairment however defined in such policy; shall
    37  first  seek  reimbursement  for  such  treatment  in accordance with the
    38  provisions of such policy or contract. The court in its  discretion  may
    39  order the defendant to obtain public insurance such as Medicaid or Medi-
    40  care if they so qualify. However, the defendant shall not be required to
    41  pay  for any part of the cost of treatment required by the court that is
    42  not covered by private or public health insurance.
    43    8. During the period of a defendant's participation  in  the  judicial
    44  diversion program, the court shall retain jurisdiction of the defendant,
    45  provided, however, that the court may allow such defendant to (i) reside
    46  in  another  jurisdiction,  or  (ii) participate in mental health and/or
    47  alcohol and substance abuse treatment and other programs in  the  juris-
    48  diction  where the defendant resides or in any other jurisdiction, while
    49  participating in a judicial diversion program under  conditions  set  by
    50  the  court  and agreed to by the defendant pursuant to subdivisions five
    51  and six of this section. The court may require the defendant  to  appear
    52  in  court  at  any  time  to enable the court to monitor the defendant's
    53  progress in alcohol  or  substance  abuse  treatment.  The  court  shall
    54  provide  notice,  reasonable under the circumstances, to the people, the
    55  treatment provider, the defendant and the defendant's  counsel  whenever
    56  it  orders  or  otherwise  requires  the  appearance of the defendant in

        A. 6603                             6
 
     1  court. Failure to appear as required without reasonable  cause  therefor
     2  shall  constitute a violation of the conditions of the court's agreement
     3  with the defendant.
     4    9.  (a)  If  at  any  time during the defendant's participation in the
     5  judicial diversion program, the court has reasonable grounds to  believe
     6  that  the  defendant  has  violated  a release condition in an important
     7  respect or has willfully failed to appear before the court as requested,
     8  the court except as provided in subdivision two  of  section  510.50  of
     9  this  chapter regarding a failure to appear, shall [direct the defendant
    10  to appear or issue a bench warrant to a police officer or an appropriate
    11  peace officer directing him or her to take the  defendant  into  custody
    12  and  bring  the  defendant  before  the court without unnecessary delay]
    13  order a hearing to determine whether it is appropriate to issue a  bench
    14  warrant;  provided, however, that under no circumstances shall a defend-
    15  ant who requires treatment for mental health issues and/or opioid  abuse
    16  or  dependence  be  deemed  to  have violated a release condition on the
    17  basis of his or her participation in medically  prescribed  drug  treat-
    18  ments under the care of a health care professional licensed or certified
    19  under  title eight of the education law, acting within his or her lawful
    20  scope of practice. The relevant provisions of  section  530.60  of  this
    21  chapter  relating  to  issuance  of  securing orders shall apply to such
    22  proceedings under this subdivision.
    23    (b) In determining whether a defendant violated a condition of his  or
    24  her  release under the judicial diversion program, the court [may] shall
    25  conduct a summary hearing consistent with due process and sufficient  to
    26  satisfy  the  court that the defendant has, in fact, violated the condi-
    27  tion.
    28    (c) If the court determines that the defendant has violated  a  condi-
    29  tion  of  his  or  her release under the judicial diversion program, the
    30  court may modify the conditions thereof, reconsider the order of  recog-
    31  nizance  or  bail  pursuant to subdivision two of section 510.30 of this
    32  chapter, or terminate the  defendant's  participation  in  the  judicial
    33  diversion  program;  and  when  applicable  proceed with the defendant's
    34  sentencing  in  accordance  with  the  agreement.  Notwithstanding   any
    35  provision  of  law  to  the  contrary, the court may impose any sentence
    36  authorized for the crime of  conviction  in  accordance  with  the  plea
    37  agreement,  or any lesser sentence authorized to be imposed [on a felony
    38  drug offender pursuant to paragraph (b) or (c)  of  subdivision  two  of
    39  section  70.70  of  the  penal  law  taking].  The court shall take into
    40  account the length of time the defendant spent in residential  treatment
    41  and  how  best to continue treatment while the defendant is serving that
    42  sentence. In determining what action  to  take  for  a  violation  of  a
    43  release  condition, the court shall consider all relevant circumstances,
    44  including the views of the prosecutor, the defense and the mental health
    45  and/or alcohol or substance abuse treatment provider, and the extent  to
    46  which  persons  who  ultimately  successfully  complete a drug treatment
    47  regimen sometimes relapse by not abstaining from  alcohol  or  substance
    48  abuse  or  by failing to comply fully with all requirements imposed by a
    49  treatment program. The court shall also consider using a system of grad-
    50  uated and appropriate responses or sanctions designed  to  address  such
    51  inappropriate  behaviors,  protect  public  safety and facilitate, where
    52  possible, successful completion of the mental health and/or  alcohol  or
    53  substance abuse treatment program.
    54    (d)  Nothing  in  this  subdivision shall be construed as preventing a
    55  court from terminating  a  defendant's  participation  in  the  judicial
    56  diversion  program  for violating a release condition when such a termi-

        A. 6603                             7
 
     1  nation is necessary to preserve public safety.  Nor  shall  anything  in
     2  this subdivision be construed as precluding the prosecution of a defend-
     3  ant for the commission of a different offense while participating in the
     4  judicial  diversion  program.  Prior  to such termination, the defendant
     5  shall be entitled to a hearing at which clear  and  convincing  evidence
     6  shall  be  offered to support that there exists a substantial risk to an
     7  identifiable person. In the absence of such a hearing and such  a  find-
     8  ing, there can be no termination.
     9    (e) A defendant may at any time advise the court that he or she wishes
    10  to  terminate  participation in the judicial diversion program, at which
    11  time the court shall proceed with the case and, where applicable,  shall
    12  impose  sentence  in accordance with the plea agreement. Notwithstanding
    13  any provision of law to the contrary, the court may impose any  sentence
    14  authorized  for  the  crime  of  conviction  in accordance with the plea
    15  agreement, or any lesser sentence authorized to be imposed on  a  felony
    16  drug  offender  pursuant  to  paragraph (b) or (c) of subdivision two of
    17  section 70.70 of the penal law taking into account the  length  of  time
    18  the  defendant  spent  in residential treatment and how best to continue
    19  treatment while the defendant is serving that sentence.
    20    10. Upon the court's determination that the defendant has successfully
    21  completed the required period of alcohol or  substance  abuse  treatment
    22  and  has  otherwise  satisfied  the  conditions  required for successful
    23  completion of the judicial diversion program,  the  court  shall  comply
    24  with  the  terms  and  conditions  it  set for final disposition when it
    25  accepted the defendant's agreement to participate in the judicial diver-
    26  sion program. Such disposition may include, but is not limited to:
    27    (a) requiring the defendant to undergo a period of  interim  probation
    28  supervision  and,  upon  the  defendant's  successful  completion of the
    29  interim probation supervision term, notwithstanding the provision of any
    30  other law, permitting the defendant to withdraw his or her  guilty  plea
    31  and dismissing the indictment or information; or
    32    (b)  requiring  the defendant to undergo a period of interim probation
    33  supervision and, upon successful completion  of  the  interim  probation
    34  supervision  term,  notwithstanding  the  provision  of  any  other law,
    35  permitting the defendant to withdraw his or her  guilty  plea,  enter  a
    36  guilty plea to a misdemeanor or violation offense if the original charge
    37  was  a  felony,  or  enter  a guilty plea to a violation if the original
    38  charge was a misdemeanor, and sentencing the defendant  as  promised  in
    39  the  plea agreement, which may include a period of probation supervision
    40  pursuant to section 65.00 of the penal law; or
    41    (c) allowing the defendant to withdraw his  or  her  guilty  plea  and
    42  dismissing the indictment or information; or
    43    (d)  sentencing  the  defendant  to  less  than  the statutory minimum
    44  required by article seventy of the penal law where the judge finds  that
    45  the  defendant took steps to substantially comply with the treatment and
    46  such a reduced sentence is in the interests of justice.
    47    11. Nothing in this article  shall  be  construed  as  restricting  or
    48  prohibiting  courts or district attorneys from using other lawful proce-
    49  dures or  models  for  placing  appropriate  persons  into  [alcohol  or
    50  substance abuse] treatment.
    51    12. No agreement entered into pursuant to this article shall contain a
    52  provision  waiving  defendant's  right  to  sealing  pursuant to section
    53  160.50 of this chapter.
    54    § 7. The criminal procedure law is amended by  adding  a  new  section
    55  216.10 to read as follows:
    56  § 216.10 Diversion part established.

        A. 6603                             8
 
     1    1.  The chief administrator of the courts is hereby directed to estab-
     2  lish, in each county of the state, a part of the court to  be  known  as
     3  the  diversion  part for the county in which such court presides. To aid
     4  in their work, such judges shall receive annual training in  specialized
     5  areas,  including,  but not limited to mental health and substance abuse
     6  needs, including co-occurring disorders, evidence  based-practices,  and
     7  trauma-informed  care,  as  well  as  training in procedural justice and
     8  cultural competency. The chief administrator of the courts shall  ensure
     9  that  all  employees  who  staff the diversion parts receive specialized
    10  training in procedural justice and  working  with  people  with  complex
    11  needs.
    12    2.  Each  chief  administrator  of the courts shall at the end of each
    13  year prepare and file an annual report, which the office shall  compile,
    14  publish on its website and make available upon request to members of the
    15  public. Such reports shall not include any personal identifying informa-
    16  tion  for  any  individual  defendants. Each such report, in addition to
    17  other relevant information, shall set forth, disaggregated by each coun-
    18  ty served:
    19    (a) the number of defendants with cases in the diversion part;
    20    (b) the length of time, in months, each case remained in the diversion
    21  part prior to acquittal, dismissal, release on recognizance,  revocation
    22  of release on conditions, and sentencing;
    23    (c)  the  race, ethnicity, age and sex of each defendant in the diver-
    24  sion part;
    25    (d) the crimes with which each defendant was charged;
    26    (e) whether the treatment  obtained  was  for  substance  use,  mental
    27  health, co-occurring or other;
    28    (f)  the court disposition in each supervised case, including sentenc-
    29  ing information;
    30    (g) the costs saved to the county by avoiding pre-trial  or  post-con-
    31  viction detention in a county jail or state prison; and
    32    (h)  a  list of service providers, including contact information, that
    33  the diversion part in the superior court of the county partners with  to
    34  serve defendants.
    35    §  8.  This  act shall take effect immediately; provided, however that
    36  the amendments to the opening paragraph  of  subdivision  1  of  section
    37  216.00  of  the  criminal  procedure law made by section two of this act
    38  shall be subject to the  expiration  and  reversion  of  such  paragraph
    39  pursuant  to  section  12 of chapter 90 of the laws of 2014, as amended,
    40  when upon such date the provisions of section three of  this  act  shall
    41  take effect.
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