assembly Bill A7529

Amended

Establishes an alternative resolution program for veterans accused of certain felonies

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Sponsor

BRINDISI

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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

  • 23 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 09 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 09 / Jun / 2014
    • PRINT NUMBER 7529A

Summary

Establishes an alternative resolution program for service members and veterans accused of certain felonies.

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Bill Details

Versions:
A7529
A7529A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 217 §§217.00 - 217.10, amd §390.30, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7529

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the criminal procedure law, in relation to establishing
  an alternative resolution program  for  veterans  accused  of  certain
  felonies

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

  Section 1. Title I of the criminal procedure law is amended by  adding
a new article 217 to read as follows:
                                ARTICLE 217
             ALTERNATIVE RESOLUTION OF CRIMINAL PROCEEDINGS
                           INVOLVING VETERANS
SECTION 217.00 DEFINITIONS.
        217.05 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
S 217.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "VETERAN"  MEANS  A  CURRENT OR FORMER MEMBER OF THE UNITED STATES
MILITARY, INCLUDING THE MILITARY RESERVES OR A STATE'S  NATIONAL  GUARD,
WHO:
  (A) SERVED IN A COMBAT THEATRE OR COMBAT ZONE; OR
  (B) EXPERIENCED A TRAUMATIC EVENT DURING MILITARY SERVICE; OR
  (C) WAS PHYSICALLY OR MENTALLY INJURED DURING MILITARY SERVICE.
  2. "ELIGIBLE VETERAN" MEANS:
  (A)  A  VETERAN  WHO IS ACCUSED OF ONE OR MORE OFFENSES, AS DEFINED IN
SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW;
  (B) A VETERAN WHO SUFFERS FROM POSTTRAUMATIC  STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
THEREOF,  THAT  WAS,  AT  LEAST  IN  PART,  CAUSED BY, EXACERBATED BY OR
RESULTED FROM THE VETERAN'S SERVICE IN A COMBAT THEATRE OR  ZONE,  OR  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10843-01-3

A. 7529                             2

TRAUMATIC  EVENT OR A PHYSICAL OR MENTAL INJURY DURING MILITARY SERVICE;
AND
  (C)  A  VETERAN WHOSE SPECIFIED ILLNESS, INJURY OR OTHER CONDITION MAY
HAVE PLAYED A ROLE IN THE COMMISSION OF  ONE  OR  MORE  OF  THE  CHARGED
OFFENSES.
  3. "ELIGIBLE VETERAN EVALUATION" MEANS A WRITTEN ASSESSMENT AND REPORT
BY  A COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFESSIONAL EXPERI-
ENCED IN THE  TREATMENT  OF  INDIVIDUALS  SUFFERING  FROM  POSTTRAUMATIC
STRESS  DISORDER,  OTHER MENTAL ILLNESSES OR CONDITIONS, TRAUMATIC BRAIN
INJURY, OTHER PHYSICAL OR MENTAL INJURIES, ALCOHOL OR SUBSTANCE ABUSE OR
ADDICTION, OR A COMBINATION THEREOF, OR BY AN ENTITY  CERTIFIED  BY  THE
STATE DEPARTMENT OF HEALTH, THE STATE OFFICE OF MENTAL HEALTH, THE STATE
OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OR THE UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS AS EXPERIENCED IN THE TREATMENT  OF  SUCH
ILLNESSES, INJURIES, OR CONDITIONS, WHICH SHALL INCLUDE:
  (A)  AN EVALUATION AS TO WHETHER THE DEFENDANT IS SUFFERING FROM POST-
TRAUMATIC STRESS DISORDER, OTHER MENTAL ILLNESSES OR  CONDITIONS,  TRAU-
MATIC  BRAIN  INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES, ALCOHOL OR
SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
  (B) WHETHER  THE  DEFENDANT'S  POSTTRAUMATIC  STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A  COMBINATION
THEREOF  WAS,  AT  LEAST  IN PART, CAUSED BY, EXACERBATED BY OR RESULTED
FROM THE VETERAN'S SERVICE IN A COMBAT THEATRE OR ZONE  OR  A  TRAUMATIC
EVENT OR A PHYSICAL INJURY DURING MILITARY SERVICE;
  (C)  AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR OTHER
CONDITION, IF ANY, MAY HAVE PLAYED A ROLE IN THE COMMISSION  OF  ONE  OR
MORE OF THE CHARGED OFFENSES;
  (D)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE  ALTERNA-
TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
  (E)  ANY  OTHER  INFORMATION,  FACTOR, CIRCUMSTANCE, OR RECOMMENDATION
DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
COURT.
S 217.05 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
  1. DETERMINATION OF VETERAN STATUS. NOTWITHSTANDING  ANY  LAW  TO  THE
CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A DEFENDANT, BUT PRIOR TO
THE  ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF TRIAL, THE DEFEND-
ANT CLAIMS TO BE A VETERAN, AS DEFINED IN  SUBDIVISION  ONE  OF  SECTION
217.00  OF  THIS ARTICLE, THE COURT SHALL ORDER THE DEFENDANT TO PROVIDE
WRITTEN EVIDENCE THAT THE DEFENDANT IS  A  VETERAN.  SUCH  EVIDENCE  MAY
INCLUDE,  BUT IS NOT LIMITED TO, RECORDS OF THE UNITED STATES DEPARTMENT
OF DEFENSE, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR A  STATE
VETERANS AGENCY.
  2.  THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
OFFERED BY THE DEFENDANT, SHALL DETERMINE  BY  A  PREPONDERANCE  OF  THE
EVIDENCE  WHETHER  THE DEFENDANT IS A VETERAN, AS DEFINED IN SUBDIVISION
ONE OF SECTION 217.00 OF THIS ARTICLE.
  3. DETERMINATION OF ELIGIBLE VETERAN STATUS.
  (A) IF THE COURT DETERMINES THAT THE DEFENDANT IS A VETERAN, THE COURT
SHALL ORDER AN EXAMINATION OF THE DEFENDANT BY AN ELIGIBLE VETERAN EXAM-
INER, AS DEFINED IN SUBDIVISION THREE OF SECTION 217.00 OF THIS ARTICLE,
TO EVALUATE WHETHER THE DEFENDANT IS AN ELIGIBLE VETERAN, AS DEFINED  IN
SUBDIVISION  TWO  OF SECTION 217.00 OF THIS ARTICLE. THE DEFENDANT SHALL
PROVIDE A WRITTEN AUTHORIZATION, IN COMPLIANCE WITH THE REQUIREMENTS  OF
ANY  APPLICABLE  STATE OR FEDERAL LAWS, RULES OR REGULATIONS AUTHORIZING

A. 7529                             3

DISCLOSURE OF THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY,
THE PROSECUTOR, THE COURT, AUTHORIZED COURT PERSONNEL AND OTHER INDIVID-
UALS SPECIFIED IN SUCH AUTHORIZATION FOR THE SOLE PURPOSE OF DETERMINING
WHETHER THE DEFENDANT IS AN ELIGIBLE VETERAN.
  (B)  UPON RECEIPT OF THE ELIGIBLE VETERAN EVALUATION REPORT, THE COURT
SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECUTOR.
  (C) THE COURT SHALL, UPON THE REQUEST OF EITHER  PARTY  OR  WHERE  THE
ELIGIBLE  VETERAN  EVALUATION  INDICATES THAT THE DEFENDANT MAY NOT MEET
THE DEFINITION OF AN ELIGIBLE VETERAN, ORDER A HEARING ON THE  ISSUE  OF
WHETHER  THE  DEFENDANT  IS  AN  ELIGIBLE VETERAN. IF THE COURT ORDERS A
HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO AS TO FACIL-
ITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND  TO  BE  AN
ELIGIBLE VETERAN. AT THE HEARING, THE COURT MAY CONSIDER ORAL OR WRITTEN
ARGUMENTS,  TAKE  TESTIMONY  FROM WITNESSES OFFERED BY EITHER PARTY, AND
CONSIDER ANY RELEVANT EVIDENCE INCLUDING, BUT NOT LIMITED  TO,  EVIDENCE
THAT:
  (I)  THE  DEFENDANT  SUFFERS FROM POSTTRAUMATIC STRESS DISORDER, OTHER
MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
MENTAL  INJURY,  ALCOHOL  OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
THEREOF;
  (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT  LEAST  IN  PART,
CAUSED  BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
COMBAT THEATRE OR ZONE OR A TRAUMATIC EVENT  OR  A  PHYSICAL  OR  MENTAL
INJURY DURING MILITARY SERVICE; AND
  (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES.
  (D) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
WHETHER:
  (I) THE DEFENDANT SUFFERS FROM POSTTRAUMATIC  STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
THEREOF;
  (II)  SUCH  ILLNESS,  INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
CAUSED BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN  A
COMBAT THEATRE OR ZONE, OR A TRAUMATIC EVENT OR A PHYSICAL INJURY DURING
MILITARY SERVICE;
  (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSE OR OFFENSES; AND
  (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS  A,  B,  OR  C
FELONIES,  INSTITUTIONAL  CONFINEMENT  OF THE DEFENDANT IS OR MAY NOT BE
NECESSARY FOR THE PROTECTION OF THE PUBLIC.
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THAT THE
DEFENDANT IS AN ELIGIBLE VETERAN, OR WHEN  THE  PARTIES  AND  THE  COURT
AGREE  TO A FINDING THAT THE DEFENDANT IS AN ELIGIBLE VETERAN, THE COURT
MUST:
  (A) IF THE DEFENDANT IS CHARGED WITH ONE OR  MORE  OFFENSES,  NONE  OF
WHICH  IS  A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT TO PARTICIPATE
IN THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH  IS
DESIGNED  TO TREAT THE ELIGIBLE VETERAN'S POSTTRAUMATIC STRESS DISORDER,
OTHER MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY,  OTHER  PHYS-
ICAL  INJURY,  ALCOHOL  OR  SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
THEREOF, WITHOUT A PLEA OF GUILTY; OR
  (B) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE  CLASS  A,  B,  OR  C
FELONY  OFFENSES,  ALLOW THE DEFENDANT TO PARTICIPATE IN THE ALTERNATIVE
RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS DESIGNED  TO  TREAT

A. 7529                             4

THE  ELIGIBLE  VETERAN'S  POSTTRAUMATIC  STRESS  DISORDER,  OTHER MENTAL
ILLNESS OR CONDITION, TRAUMATIC BRAIN  INJURY,  OTHER  PHYSICAL  INJURY,
ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION THEREOF:
  (I) WITHOUT A PLEA OF GUILTY; OR
  (II) UPON ENTRY OF A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
  (III) UPON ENTRY OF A PLEA OF GUILTY TO A LESSER CHARGE.
  5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN.
  (A)  THE  COURT  SHALL  ISSUE  AN  ORDER GRANTING PARTICIPATION IN THE
ALTERNATIVE RESOLUTION PROGRAM THAT SETS FORTH: (I)  THE  TERMS,  CONDI-
TIONS,  AND  LENGTH  OF  THE ELIGIBLE VETERAN'S TREATMENT PLAN; (II) THE
FINAL DISPOSITION OF THE PROCEEDING AS SET FORTH IN SUBDIVISION  SIX  OF
THIS SECTION; AND (III) THE DISPOSITION OF THE PROCEEDING IF THE DEFEND-
ANT FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE TREATMENT PLAN.
  (B)  TERMS  AND CONDITIONS. IN DETERMINING THE TERMS AND CONDITIONS OF
THE TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN  THE
ELIGIBLE  VETERAN  EVALUATION  REPORT  AND  THE  RECOMMENDATIONS  OF THE
DEFENDANT'S HEALTH CARE  PROVIDERS,  IF  ANY.  THE  TREATMENT  PLAN  MAY
REQUIRE  THE  DEFENDANT,  WITH THE ASSISTANCE OF TREATMENT PROVIDERS, TO
DEVELOP A PLAN FOR ONGOING RECOVERY AFTER DISPOSITION  OF  THE  CRIMINAL
CASE.
  (C) LENGTH OF TREATMENT PLAN.
  (I)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
WHICH IS A CLASS A, B, OR C FELONY, THE TREATMENT PLAN  MAY  NOT  EXTEND
BEYOND  TWELVE MONTHS. HOWEVER, UPON CONSENT OF THE DEFENDANT, THE COURT
MAY EXTEND A TREATMENT PLAN FOR UP TO TWELVE ADDITIONAL MONTHS.
  (II) WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR  C
FELONY  OFFENSES,  THE  TREATMENT  PLAN  MAY  NOT EXTEND BEYOND EIGHTEEN
MONTHS. HOWEVER, UPON CONSENT OF THE DEFENDANT, THE COURT MAY  EXTEND  A
TREATMENT PLAN FOR UP TO TWELVE ADDITIONAL MONTHS.
  (D)  THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE BY
THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
  6. FINAL DISPOSITION.
  (A) ADJOURNMENT IN CONTEMPLATION OF DISMISSAL. NOTWITHSTANDING ANY LAW
TO THE CONTRARY, IF THE DEFENDANT  IS  ALLOWED  TO  PARTICIPATE  IN  THE
PROGRAM PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION OR
SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION,
UPON THE DEFENDANT'S WRITTEN AGREEMENT TO ABIDE BY THE TERMS AND  CONDI-
TIONS  OF  THE  TREATMENT  PLAN, THE COURT SHALL GRANT AN ADJOURNMENT IN
CONTEMPLATION OF DISMISSAL.
  (I) IF THE CASE IS NOT RESTORED TO THE CALENDAR DURING THE TIME PERIOD
OF THE TREATMENT PLAN, THE ACCUSATORY INSTRUMENT IS, AT  THE  EXPIRATION
OF  SUCH  TERM,  DEEMED  TO  HAVE  BEEN  DISMISSED IN THE FURTHERANCE OF
JUSTICE.
  (II) UPON DISMISSAL OF THE  ACCUSATORY  INSTRUMENT,  THE  COURT  SHALL
ENTER AN ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING BE
SEALED AND DIRECTING THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL ACTION
OR  PROCEEDING  WAS TERMINATED TO IMMEDIATELY NOTIFY THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRI-
ATE POLICE DEPARTMENTS AND  OTHER  LAW  ENFORCEMENT  AGENCIES  THAT  THE
ACTION  HAS  BEEN  TERMINATED  AND  THAT  THE  RECORD  OF SUCH ACTION OR
PROCEEDING SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION, THE AGEN-
CY, DIVISION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVI-
SION ONE OF SECTION 160.50 OF THIS CHAPTER.
  (B) FOR ALL OTHER DEFENDANTS,  UPON  SATISFACTION  OF  THE  TERMS  AND
CONDITIONS OF THE TREATMENT PLAN, THE FINAL DISPOSITION MAY INCLUDE, BUT

A. 7529                             5

IS  NOT  LIMITED  TO: (I) REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF
INTERIM PROBATION  SUPERVISION  AND,  UPON  THE  DEFENDANT'S  SUCCESSFUL
COMPLETION  OF  THE  INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING
THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS
OR  HER GUILTY PLEA AND DISMISSING THE INDICTMENT; OR (II) REQUIRING THE
DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON
SUCCESSFUL  COMPLETION  OF  THE  INTERIM  PROBATION  SUPERVISION   TERM,
NOTWITHSTANDING THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT
TO WITHDRAW HIS OR HER GUILTY PLEA, ENTER A GUILTY PLEA TO A MISDEMEANOR
OFFENSE  AND  SENTENCING  THE DEFENDANT IN ACCORDANCE WITH THE TREATMENT
PLAN ORDER, WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT
TO SECTION 65.00 OF THE PENAL LAW; OR (III) ALLOWING  THE  DEFENDANT  TO
WITHDRAW HIS OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
  S 2. This act shall take effect immediately.

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