senate Bill S1202

Relates to the establishment of a pilot program for courts for the treatment of veterans

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 29 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

Relates to the establishment of a pilot program for courts for the treatment of veterans in the city of Utica and New York city; expires after two years.

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Bill Details

See Assembly Version of this Bill:
A10004
Versions:
S1202
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Add Art 5-C ยงยง178-a - 178-c, Judy L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3172, A7876
2011-2012: A785
2007-2008: A11649

Sponsor Memo

BILL NUMBER: S1202

TITLE OF BILL :
An act to amend the judiciary law, in relation to the establishment of
a pilot program for courts for the treatment of veterans; and
providing for the repeal of such provisions upon the expiration
thereof

PURPOSE :
Establishes a pilot program by which certain City Courts located in
the City of New York and the City of Utica shall serve as veteran
courts.

SUMMARY OF PROVISIONS :
This legislation would create Article s-C of the Judiciary Law
entitled the Veterans Courts Pilot Program. Section 178-a establishes
courts for veterans Section 178-b sets forth the mechanism by which
cases are transferred to veterans courts for the treatment of
veterans. Section 178-c establishes the in court procedures for the
adjudication of criminal cases upon transfer to veterans courts.

EXISTING LAW :
This legislation as implemented will not alter existing law.

JUSTIFICATION : Returning veterans often require services that are
inaccessible to them. Suffering from post traumatic stress disorder,
depression and various other ailments, veterans all too often find
themselves engaged in the criminal justice system. This pilot program
would allow courts to use their discretion in order to mandate mental
health treatment, drug rehabilitation or participation in other
programs that would serve to address the substantive issues which
cause some veterans to engage in unlawful conduct.

LEGISLATIVE HISTORY :
2010: S.3172/A.7876 - Judiciary Committee

FISCAL IMPLICATIONS :
Minimal for state and local governments.

EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall expire and be
deemed repealed 2 years after such effective date.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1202

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to the establishment of a
  pilot program for courts for the treatment of veterans; and  providing
  for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The judiciary law is amended by adding a new article 5-C to
read as follows:
                               ARTICLE 5-C
                      VETERANS COURTS PILOT PROGRAM
SECTION 178-A. ESTABLISHMENT OF COURTS FOR VETERANS; PILOT PROGRAM.
        178-B. TRANSFER OF CASES TO COURTS FOR  TREATMENT  OF  VETERANS;
                 HOW EFFECTUATED.
        178-C. PROCEDURE  IN  A COURT FOR VETERANS UPON TRANSFER OF CASE
                 THERETO.
  S 178-A. ESTABLISHMENT OF COURTS  FOR  VETERANS;  PILOT  PROGRAM.  THE
CHIEF  ADMINISTRATOR  OF THE COURTS, BY ADMINISTRATIVE ORDER, IS AUTHOR-
IZED AND DIRECTED TO ESTABLISH A COURT FOR VETERANS IN THE CITY COURT OF
THE CITY OF UTICA, AND IN THE SUPREME COURTS OF THE CITY  OF  NEW  YORK,
AND ASSIGN ONE OR MORE JUSTICES OR JUDGES TO PRESIDE THEREIN. SUCH COURT
FOR VETERANS SHALL HAVE AS ITS PURPOSE THE HEARING AND DETERMINATION OF:
  (A)  CRIMINAL  CASES  THAT  ARE  COMMENCED IN THE CITY COURT AGAINST A
DEFENDANT IDENTIFIED AS A VETERAN; AND
  (B) CRIMINAL CASES THAT ARE COMMENCED IN OTHER COURTS OF  THE  COUNTY,
AND  THAT  ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION BY THE VETERANS
COURT AND TRANSFERRED TO THE COURT AS PROVIDED IN  SECTION  ONE  HUNDRED
SEVENTY-EIGHT-B OF THIS ARTICLE.
  S  178-B.  TRANSFER  OF CASES TO COURTS FOR TREATMENT OF VETERANS; HOW
EFFECTUATED. (A) TRANSFER OF CASES PENDING IN LOCAL CRIMINAL COURTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01805-01-1

S. 1202                             2

  (1) A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A COURT  FOR  VETERANS
HAS  BEEN ESTABLISHED UNDER THIS ARTICLE MAY, UPON MOTION OF THE DEFEND-
ANT AND WITH THE CONSENT OF  THE  DISTRICT  ATTORNEY,  CAUSE  COPIES  OF
PAPERS  AND  OTHER  DOCUMENTS  FILED  IN  SUCH  LOCAL  CRIMINAL COURT IN
CONNECTION  WITH  A  CRIMINAL ACTION OR PROCEEDING PENDING THEREIN TO BE
SENT TO THE COURT FOR VETERANS:
  (I) UPON OR AFTER ARRAIGNMENT OF THE DEFENDANT  ON  A  LOCAL  CRIMINAL
COURT  ACCUSATORY  INSTRUMENT  BY  WHICH  SUCH  ACTION OR PROCEEDING WAS
COMMENCED; OR
  (II) UPON OR AFTER COMMENCEMENT OF  A  PROCEEDING  BROUGHT  AGAINST  A
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF CONDITIONAL DISCHARGE.
  (2) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS,  THE  JUSTICE  OR  JUDGE  PRESIDING IN THE COURT FOR VETERANS
SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO
THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF THE JUSTICE OR
JUDGE PRESIDING IN THE COURT DETERMINES THAT IT WOULD,  HE  OR  SHE  MAY
ORDER  SUCH  TRANSFER,  IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE
TRANSFERRED TO THE COURT FOR VETERANS, ALL ORIGINATING PAPERS SHALL THEN
BE SENT FROM THE ORIGINATING COURT TO THE COURT FOR  VETERANS,  AND  ALL
FURTHER  PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE JUSTICE OR JUDGE
DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT PROMOTE
THE ADMINISTRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE LOCAL CRIMINAL
COURT OR OTHER COURT FROM WHICH  THE  REFERENCE  WAS  RECEIVED  OF  SUCH
DETERMINATION,  WHEREUPON  ALL  FURTHER  PROCEEDINGS  IN  SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
  (B) TRANSFER OF CASES PENDING IN SUPERIOR COURTS.
  (1) AT ANY TIME WHILE A CRIMINAL ACTION OR PROCEEDING IS PENDING IN  A
SUPERIOR COURT IN A COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTAB-
LISHED,  INCLUDING  A  PROCEEDING  BROUGHT  AGAINST  A DEFENDANT FOR THE
VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION  OR  A  SENTENCE  OF
CONDITIONAL  DISCHARGE,  A  JUDGE  OR  JUSTICE OF THE COURT IN WHICH THE
ACTION OR PROCEEDING IS PENDING MAY, UPON MOTION OF  THE  DEFENDANT  AND
WITH  THE  CONSENT  OF THE DISTRICT ATTORNEY, CAUSE COPIES OF PAPERS AND
OTHER DOCUMENTS FILED IN SUCH COURT IN CONNECTION  WITH  THE  ACTION  OR
PROCEEDING TO BE SENT TO THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR
VETERANS FOR REVIEW OF THE APPROPRIATENESS OF THE TRANSFER.
  (2)  NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE PAPERS
AND OTHER DOCUMENTS, THE JUDGE OR JUSTICE PRESIDING  IN  THE  COURT  FOR
VETERANS  SHALL  DETERMINE  WHETHER  OR  NOT A TRANSFER OF THE ACTION OR
PROCEEDING TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE.  IF
SUCH JUDGE OR JUSTICE DETERMINES THAT IT WOULD:
  (I)  HE  OR SHE, IF SITTING IN SUPREME COURT, MAY ORDER SUCH TRANSFER,
IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSI-
TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT TO THE
COURT  FOR  VETERANS,  AND  ALL  FURTHER  PROCEEDINGS  IN SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED THEREIN; OR
  (II) HE OR SHE, IF SITTING  IN  COUNTY  COURT,  SHALL  SO  NOTIFY  THE
JUSTICE  OF  THE  COURT  WHO CAUSED THE PAPERS AND OTHER DOCUMENTS TO BE
SENT TO HIM OR HER, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH  TRANSFER,
IN  WHICH  EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSI-
TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE  SENT  FROM
THE  ORIGINATING  COURT  TO  THE  COURT  FOR  VETERANS,  AND ALL FURTHER
PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN.  IF
THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS DETERMINES THAT
A  TRANSFER  OF  THE ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINIS-

S. 1202                             3

TRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE ORIGINATING COURT OF SUCH
DETERMINATION, WHEREUPON ALL  FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
  S 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THER-
ETO.   EACH ACTION OR PROCEEDING TRANSFERRED FROM A LOCAL CRIMINAL COURT
TO A SUPERIOR COURT AND REFERRED FOR DISPOSITION TO A COURT FOR VETERANS
THEREOF SHALL BE SUBJECT TO THE SAME SUBSTANTIVE AND PROCEDURAL  LAW  AS
WOULD HAVE APPLIED TO IT HAD IT NOT BEEN TRANSFERRED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 2 years after such effective date.

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