Bill Text: NY A01604 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the judicial diversion program for certain felony offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01604 Detail]

Download: New_York-2017-A01604-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1604
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to the  judicial
          diversion program for certain felony offenders
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 2 of  section  216.00  of  the
     2  criminal  procedure law, as added by section 4 of part AAA of chapter 56
     3  of the laws of 2009 is amended, paragraph (d)  of  such  subdivision  is
     4  relettered  paragraph  (e),  and a new paragraph (d) is added to read as
     5  follows:
     6    (c) a recommendation as to the treatment modality, level of  care  and
     7  length  of any proposed treatment to effectively address the defendant's
     8  alcohol or substance abuse or dependence  and  any  co-occurring  mental
     9  disorder or illness; [and]
    10    (d)  a  complete  description  of  the  defendant's  criminal history,
    11  including sealed cases, such  as  juvenile  delinquency  determinations,
    12  juvenile  offender  cases, youthful offender adjudications, and adjourn-
    13  ments in contemplation of dismissal, with the defendant's request for an
    14  alcohol and substance abuse evaluation being  deemed  a  waiver  of  all
    15  sealing  provisions  and  an  authorization  for  release  of all sealed
    16  records for purposes of the evaluation and the court's determination  of
    17  the  defendant's  application  to  be offered alcohol or substance abuse
    18  treatment pursuant to this article; and
    19    § 2. Subparagraphs (ii), (iii), (iv)  and  (v)  of  paragraph  (b)  of
    20  subdivision 3 of section 216.05 of the criminal procedure law are renum-
    21  bered  subparagraphs  (iii),  (iv),  (v) and (vi) and a new subparagraph
    22  (ii) is added to read as follows:
    23    (ii) despite the defendant being an eligible  defendant,  the  defend-
    24  ant's  criminal  history,  including information contained in previously
    25  sealed records, indicates that the defendant should not be offered alco-
    26  hol or substance abuse treatment pursuant to this article;
    27    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00547-01-7