Bill Text: NY A07561 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to establishing a judicial diversion program for young defendants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A07561 Detail]

Download: New_York-2015-A07561-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7561
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2015
                                      ___________
       Introduced  by M. of A. BLAKE -- read once and referred to the Committee
         on Codes
       AN ACT to amend the criminal procedure law, in relation to  establishing
         a judicial diversion program for young defendants
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The criminal procedure law is amended by adding a new arti-
    2  cle 217 to read as follows:
    3                                  ARTICLE 217
    4               JUDICIAL DIVERSION PROGRAM FOR YOUNG DEFENDANTS
    5  SECTION 217.00 DEFINITIONS.
    6          217.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
    7  S 217.00 DEFINITIONS. THE FOLLOWING DEFINITIONS ARE APPLICABLE  TO  THIS
    8              ARTICLE:
    9    1.  "ELIGIBLE  DEFENDANT" SHALL MEAN ANY PERSON UNDER THE AGE OF TWEN-
   10  TY-FOUR WHO STANDS CHARGED WITH ANY NON-VIOLENT FELONY  OR  MISDEMEANOR.
   11  FOR  PURPOSES  OF  THIS  SECTION,  "NON-VIOLENT  FELONY"  SHALL MEAN AND
   12  INCLUDE ANY FELONY NOT DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF
   13  THE PENAL LAW. A DEFENDANT IS NOT AN "ELIGIBLE DEFENDANT" IF HE OR SHE:
   14    (A)  WITHIN  THE  PRECEDING TEN YEARS, EXCLUDING ANY TIME DURING WHICH
   15  THE OFFENDER WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMIS-
   16  SION OF THE PREVIOUS OFFENSE AND THE TIME OF COMMISSION OF  THE  PRESENT
   17  OFFENSE,  HAS PREVIOUSLY BEEN CONVICTED OF: (I) A VIOLENT FELONY OFFENSE
   18  AS DEFINED IN SECTION 70.02 OF THE PENAL LAW OR (II) ANY  OTHER  OFFENSE
   19  FOR  WHICH  A MERIT TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARA-
   20  GRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED
   21  THREE OF THE CORRECTION LAW; OR
   22    (B)  HAS  PREVIOUSLY BEEN ADJUDICATED A SECOND VIOLENT FELONY OFFENDER
   23  PURSUANT TO SECTION 70.04 OF THE PENAL LAW OR A PERSISTENT VIOLENT FELO-
   24  NY OFFENDER PURSUANT TO SECTION 70.08 OF THE PENAL LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09911-01-5
       A. 7561                             2
    1    A DEFENDANT WHO ALSO STANDS CHARGED WITH A VIOLENT FELONY  OFFENSE  AS
    2  DEFINED  IN SECTION 70.02 OF THE PENAL LAW OR AN OFFENSE FOR WHICH MERIT
    3  TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II)  OF  PARA-
    4  GRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION EIGHT HUNDRED THREE OF THE
    5  CORRECTION LAW FOR WHICH THE COURT MUST, UPON THE DEFENDANT'S CONVICTION
    6  THEREOF,  SENTENCE THE DEFENDANT TO INCARCERATION IN STATE PRISON IS NOT
    7  AN ELIGIBLE DEFENDANT WHILE SUCH CHARGES ARE PENDING. A DEFENDANT WHO IS
    8  EXCLUDED FROM THE JUDICIAL DIVERSION PROGRAM PURSUANT TO THIS  PARAGRAPH
    9  OR  PARAGRAPH  (A)  OR  (B)  OF  THIS SUBDIVISION MAY BECOME AN ELIGIBLE
   10  DEFENDANT UPON THE PROSECUTOR'S CONSENT.
   11    2. "JOB TRAINING PROGRAM" SHALL MEAN A  PROGRAM  ADMINISTERED  BY  THE
   12  DEPARTMENT  OF LABOR, INCLUDING BUT NOT LIMITED TO PROGRAMS THAT PROVIDE
   13  BUSINESSES WITH WAGE REIMBURSEMENTS OR OTHER STIPENDS  UNDER  THE  UNEM-
   14  PLOYMENT  STRIKEFORCE, THAT PROVIDES PARTICIPANTS WITH JOB TRAINING, JOB
   15  OPPORTUNITIES, AND WAGES WHOSE GOAL IS TO AID  YOUNG  AND/OR  UNEMPLOYED
   16  INDIVIDUALS' PARTICIPATION IN THE JOB MARKET.
   17  S 217.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
   18    1.  AT  ANY  TIME  AFTER THE ARRAIGNMENT OF AN ELIGIBLE DEFENDANT, BUT
   19  PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF TRIAL, THE
   20  COURT MAY DETERMINE THAT AN ELIGIBLE DEFENDANT SHOULD BE  OFFERED  JUDI-
   21  CIAL  DIVERSION  IN A SPECIFIED JOB TRAINING PROGRAM OR PROGRAMS IDENTI-
   22  FIED BY THE COURT. AN ELIGIBLE DEFENDANT MAY DECLINE TO  PARTICIPATE  IN
   23  SUCH A PROGRAM AT ANY TIME. PRIOR TO THE COURT'S ISSUING AN ORDER GRANT-
   24  ING  JUDICIAL  DIVERSION,  THE  ELIGIBLE  DEFENDANT SHALL BE REQUIRED TO
   25  ENTER A PLEA OF GUILTY TO THE CHARGE OR CHARGES; PROVIDED, HOWEVER, THAT
   26  NO GUILTY PLEA SHALL BE REQUIRED WHEN:
   27    (A) THE PEOPLE AND THE COURT CONSENT TO THE ENTRY  OF  SUCH  AN  ORDER
   28  WITHOUT A PLEA OF GUILTY; OR
   29    (B)  BASED ON A FINDING OF EXCEPTIONAL CIRCUMSTANCES, THE COURT DETER-
   30  MINES THAT A PLEA OF GUILTY SHALL NOT BE REQUIRED. FOR PURPOSES OF  THIS
   31  SUBDIVISION,  EXCEPTIONAL  CIRCUMSTANCES  EXIST  WHEN, REGARDLESS OF THE
   32  ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKE-
   33  LY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES.
   34    2. THE ELIGIBLE DEFENDANT SHALL AGREE ON THE RECORD OR IN  WRITING  TO
   35  ABIDE  BY THE RELEASE CONDITIONS SET BY THE COURT, WHICH, SHALL INCLUDE:
   36  PARTICIPATION IN A SPECIFIED  JOB  TRAINING  PROGRAM  FOR  A  PERIOD  OF
   37  SIXTEEN  MONTHS;  PERIODIC COURT APPEARANCES; AND A REQUIREMENT THAT THE
   38  DEFENDANT REFRAIN FROM ENGAGING IN CRIMINAL BEHAVIORS.
   39    3. UPON AN ELIGIBLE DEFENDANT'S AGREEMENT TO ABIDE BY  THE  CONDITIONS
   40  SET  BY  THE COURT, THE COURT SHALL ISSUE A SECURING ORDER PROVIDING FOR
   41  BAIL OR RELEASE ON THE DEFENDANT'S OWN RECOGNIZANCE AND CONDITIONING ANY
   42  RELEASE UPON THE AGREED UPON CONDITIONS. THE JOB TRAINING PROGRAM  SHALL
   43  BEGIN  AS  SPECIFIED  BY  THE COURT AND AS SOON AS PRACTICABLE AFTER THE
   44  DEFENDANT'S RELEASE. IN THE EVENT THAT A JOB  TRAINING  PROGRAM  IS  NOT
   45  IMMEDIATELY  AVAILABLE  OR  BECOMES UNAVAILABLE DURING THE COURSE OF THE
   46  DEFENDANT'S PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM,  THE  COURT
   47  MAY RELEASE THE DEFENDANT PURSUANT TO THE SECURING ORDER.
   48    4.  DURING  THE  PERIOD OF A DEFENDANT'S PARTICIPATION IN THE JUDICIAL
   49  DIVERSION PROGRAM, THE COURT SHALL RETAIN JURISDICTION OF THE DEFENDANT.
   50  THE COURT MAY REQUIRE THE DEFENDANT TO APPEAR IN COURT AT  ANY  TIME  TO
   51  ENABLE THE COURT TO MONITOR THE DEFENDANT'S PROGRESS IN THE PROGRAM. THE
   52  COURT  SHALL  PROVIDE NOTICE, REASONABLE UNDER THE CIRCUMSTANCES, TO THE
   53  PEOPLE, THE JOB TRAINING PROGRAM PROVIDER, THE DEFENDANT AND THE DEFEND-
   54  ANT'S COUNSEL WHENEVER IT ORDERS OR OTHERWISE REQUIRES THE APPEARANCE OF
   55  THE DEFENDANT IN COURT. FAILURE TO APPEAR AS REQUIRED WITHOUT REASONABLE
       A. 7561                             3
    1  CAUSE THEREFOR SHALL CONSTITUTE A VIOLATION OF  THE  CONDITIONS  OF  THE
    2  COURT'S AGREEMENT WITH THE DEFENDANT.
    3    5.  AFTER  THE  DEFENDANT HAS PARTICIPATED IN THE JOB TRAINING PROGRAM
    4  FOR A PERIOD OF SIXTEEN MONTHS AND UPON THE COURT'S  DETERMINATION  THAT
    5  THE  DEFENDANT HAS SUCCESSFULLY COMPLETED SUCH PROGRAM AND HAS OTHERWISE
    6  SATISFIED THE CONDITIONS REQUIRED FOR SUCCESSFUL COMPLETION OF THE JUDI-
    7  CIAL DIVERSION PROGRAM, THE COURT SHALL COMPLY WITH THE TERMS AND CONDI-
    8  TIONS IT SET FOR FINAL DISPOSITION  WHEN  IT  ACCEPTED  THE  DEFENDANT'S
    9  AGREEMENT  TO PARTICIPATE IN THE JUDICIAL DIVERSION PROGRAM. SUCH DISPO-
   10  SITION MAY INCLUDE, BUT IS NOT LIMITED TO:
   11    (A) REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF  INTERIM  PROBATION
   12  SUPERVISION  AND,  UPON  THE  DEFENDANT'S  SUCCESSFUL  COMPLETION OF THE
   13  INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING THE PROVISION OF ANY
   14  OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA
   15  AND DISMISSING THE INDICTMENT; OR
   16    (B)  REQUIRING  THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION
   17  SUPERVISION AND, UPON SUCCESSFUL COMPLETION  OF  THE  INTERIM  PROBATION
   18  SUPERVISION  TERM,  NOTWITHSTANDING  THE  PROVISION  OF  ANY  OTHER LAW,
   19  PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA,  ENTER  A
   20  GUILTY  PLEA  TO  A  MISDEMEANOR OFFENSE AND SENTENCING THE DEFENDANT AS
   21  PROMISED IN THE PLEA AGREEMENT, WHICH MAY INCLUDE A PERIOD OF  PROBATION
   22  SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL LAW; OR
   23    (C)  ALLOWING  THE  DEFENDANT  TO  WITHDRAW HIS OR HER GUILTY PLEA AND
   24  DISMISSING THE INDICTMENT.
   25    S 2. This act shall take effect on the ninetieth day  after  it  shall
   26  have become a law.
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