assembly Bill A7529A

2013-2014 Legislative Session

Establishes an alternative resolution program for veterans accused of certain felonies

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jun 09, 2014 print number 7529a
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
May 23, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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A7529 - Bill Details

See Senate Version of this Bill:
S5624A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 217 §§217.00 - 217.10, amd §390.30, CP L

A7529 - Bill Texts

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

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                    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.

Co-Sponsors

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A7529A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S5624A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 217 §§217.00 - 217.10, amd §390.30, CP L

A7529A (ACTIVE) - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7529--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced by M. of A. BRINDISI, HENNESSEY, RUSSELL, COOK, PERRY, JOHNS,
  TENNEY,  McDONOUGH,  WEPRIN,  ABINANTI,  GIGLIO, ZEBROWSKI, MONTESANO,
  WRIGHT, McDONALD, STIRPE, KEARNS, LUPARDO, GOLDFEDER,  ROZIC,  LAVINE,
  BARRETT,  ORTIZ, FAHY -- Multi-Sponsored by -- M. of A. BUTLER, McKEV-
  ITT, OAKS, O'DONNELL, RA, RAIA, SCHIMMINGER, SIMANOWITZ --  read  once
  and referred to the Committee on Codes -- recommitted to the Committee
  on  Codes  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the criminal procedure law, in relation to  establishing
  an  alternative  resolution  program  for service members and 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
                      JUSTICE FOR OUR VETERANS ACT
SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
        217.05 DEFINITIONS.
        217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
S 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
  THE LEGISLATURE FINDS THAT AN INCREASING  NUMBER  OF  NEW  YORK  STATE
VETERANS  AND  SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A RESULT OF
THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
IC BRAIN INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS  OR  ILLNESSES.
STUDIES  HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE DEVASTAT-
ING CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF  A
GROWING  NUMBER  OF  SERVICE MEMBERS, RETURNING VETERANS AND THEIR FAMI-
LIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10843-02-4

A. 7529--A                          2

  A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
FOUND ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN  REPORTED
SYMPTOMS  OF  PTSD  OR  MAJOR DEPRESSION. RESEARCHERS ALSO FOUND SERIOUS
TREATMENT GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL  HEALTH
CONDITIONS  SEEKING  HELP,  AND  OF  THOSE WHO SOUGHT CARE, ROUGHLY HALF
RECEIVED MINIMALLY ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE,  A  NEEDS
ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
THE  NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000 VETERANS
RETURNING HOME SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF  MENTAL  HEALTH
PROBLEMS.    THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK STATE VETERANS
HAD A PROBABLE DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION.  A  FOLLOW  UP
2011  REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW YORK'S
NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
  THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
COME HOME TO A NEW FRONTLINE  OF  INDIFFERENCE  WHEN  SUFFERING  FROM  A
MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
A  CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO STATEWIDE
MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
OF THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR  PHYSICAL
HEALTH  CONDITION  THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL ACT. THE
MEN AND WOMEN WHO PUT THEIR LIVES ON  THE  LINE  FOR  AMERICA'S  FREEDOM
DESERVE  ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE LEGIS-
LATURE FINDS THAT OUR LAWS MUST  BE  STRENGTHENED  TO  ENSURE  UNTREATED
SERVICE  MEMBERS  AND  VETERANS WITH MENTAL OR PHYSICAL HEALTH AILMENTS,
THE MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND  AN
ALTERNATIVE  RESOLUTION  PROCESS  IN  THE  CRIMINAL  JUSTICE SYSTEM. THE
LEGISLATURE HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN  CRIMINAL
JUSTICE  PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL EVALUATION
AND ANY NEEDED TREATMENT FOR A DIAGNOSED INJURY OR  ILLNESS  WHICH  WILL
ASSIST  THEM  TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE INTERESTS OF
JUSTICE, THE LEGISLATURE FURTHER DECLARES THAT COURTS NEED  TO  CONSIDER
IF  A  VETERAN'S  SERVICE-RELATED AILMENT PLAYED A ROLE IN THEIR INFRAC-
TION, AND FOR CERTAIN CRIMINAL VIOLATIONS,  WHETHER  CHARGES  SHOULD  BE
REDUCED OR DISMISSED UPON THE CONCLUSION OF THE VETERAN'S TREATMENT.
S 217.05 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "VETERAN"  MEANS  A  FORMER  MEMBER OF THE UNITED STATES MILITARY,
INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE  COMPONENTS  OF
THE ARMED FORCES OF THE UNITED STATES, WHO:
  (A) SERVED IN A COMBAT THEATRE, ZONE, OR OPERATION; OR
  (B) EXPERIENCED A TRAUMATIC EVENT DURING MILITARY SERVICE; OR
  (C) WAS PHYSICALLY OR MENTALLY INJURED DURING MILITARY SERVICE.
  2.  "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR  OTHER  RESERVE  COMPO-
NENTS OF THE ARMED FORCES OF THE UNITED STATES.
  3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
  (A)  A  SERVICE  MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF ONE OR MORE
OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
HUNDRED  FIFTY-FIVE  AND  TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
OFFENSES DEFINED IN SECTIONS  125.25  (MURDER  IN  THE  SECOND  DEGREE),
125.26  (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25

A. 7529--A                          3

(KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
  (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC 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,  EXACER-
BATED BY OR RESULTED FROM THE SERVICE MEMBER'S OR VETERAN'S SERVICE IN A
COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
MENTAL INJURY DURING MILITARY SERVICE; AND
  (C)  A  SERVICE  MEMBER  OR VETERAN WHOSE SPECIFIED ILLNESS, INJURY OR
OTHER CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR  MORE
OF THE CHARGED OFFENSES.
  4.  "VETERAN  EVALUATION"  MEANS  A WRITTEN ASSESSMENT AND REPORT BY A
COURT-APPROVED ENTITY OR LICENSED HEALTH CARE  PROFESSIONAL,  AS  ARTIC-
ULATED  AND  AUTHORIZED BY THEIR SPECIFIC SCOPE OF PRACTICE, EXPERIENCED
IN THE TREATMENT OF INDIVIDUALS  SUFFERING  FROM  POST-TRAUMATIC  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
UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS  AS  EXPERIENCED  IN  THE
TREATMENT  OF  SUCH  ILLNESSES,  INJURIES,  OR  CONDITIONS,  WHICH SHALL
INCLUDE:
  (A) AN ASSESSMENT 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  POST-TRAUMATIC  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 THEIR SERVICE IN A COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMAT-
IC 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 TREATMENT;
  (E) 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
  (F) ANY OTHER INFORMATION,  FACTOR,  CIRCUMSTANCE,  OR  RECOMMENDATION
DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
COURT.
S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
  1.  DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. NOTWITHSTANDING
ANY LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A  DEFEND-
ANT,  BUT  PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF
TRIAL, THE DEFENDANT CLAIMS TO  BE  A  SERVICE  MEMBER  OR  VETERAN,  AS
DEFINED  IN  SECTION  217.05  OF THIS ARTICLE, THE COURT SHALL ORDER THE
DEFENDANT TO PROVIDE WRITTEN EVIDENCE THAT THE DEFENDANT  IS  A  SERVICE
MEMBER  OR  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 OR LOCAL VETERANS AGENCY
DEVOTED TO VETERANS, GUARD MEMBERS OR OTHER RESERVE  COMPONENTS  OF  THE
ARMED FORCES OF THE UNITED STATES.

A. 7529--A                          4

  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  SERVICE  MEMBER OR VETERAN, AS
DEFINED IN SECTION 217.05 OF THIS ARTICLE.
  3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
DETERMINES  THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE COURT
SHALL ORDER AN EVALUATION OF THE DEFENDANT BY AN ELIGIBLE VETERAN  EXAM-
INER,  AS DEFINED IN SUBDIVISION FOUR OF SECTION 217.05 OF THIS ARTICLE,
TO EVALUATE WHETHER THE DEFENDANT  IS  AN  ELIGIBLE  SERVICE  MEMBER  OR
VETERAN, AS DEFINED IN SUBDIVISION THREE OF SECTION 217.05 OF THIS ARTI-
CLE.  FOR  THOSE SERVICE MEMBERS OR VETERANS WHOSE OFFENSE EXCLUDED THEM
FROM ENTERING THE ALTERNATIVE RESOLUTION PROGRAM, AN EVALUATION SHALL BE
CONDUCTED AS DEFINED IN PARAGRAPHS (A), (B), (C), (D) AND (F) OF  SUBDI-
VISION  FOUR  OF  SECTION  217.05. THE DEFENDANT SHALL PROVIDE A WRITTEN
AUTHORIZATION, IN COMPLIANCE WITH THE  REQUIREMENTS  OF  ANY  APPLICABLE
STATE  OR  FEDERAL  LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE OF
THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY, THE  PROSECU-
TOR,  THE COURT, AUTHORIZED COURT PERSONNEL AND OTHER INDIVIDUALS SPECI-
FIED IN SUCH AUTHORIZATION FOR THE PURPOSE OF  DETERMINING  WHETHER  THE
DEFENDANT  IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, OR FOR THE PURPOSES
OF PROVIDING AN EVALUATION REPORT AS PART OF ANY  PRE-SENTENCE  INVESTI-
GATION AND REPORT PURSUANT TO SECTION 390.30 OF THIS CHAPTER.
  (B)  UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
TOR.
  (C) THE COURT SHALL, UPON THE REQUEST OF EITHER  PARTY  OR  WHERE  THE
EVALUATION  INDICATES  THAT THE DEFENDANT MAY NOT MEET THE DEFINITION OF
AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION 217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF  WHETHER
THE  DEFENDANT  IS  AN  ELIGIBLE SERVICE MEMBER OR VETERAN. IF THE COURT
ORDERS A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO  AS
TO  FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND TO
BE AN ELIGIBLE SERVICE MEMBER OR 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 POST-TRAUMATIC 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, ZONE OR OPERATION, 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 POST-TRAUMATIC 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, ZONE OR OPERATION, OR A TRAUMATIC EVENT  OR  A  PHYSICAL
INJURY DURING MILITARY SERVICE;

A. 7529--A                          5

  (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, A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE  DEFENDANT
IS 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 BY
A PREPONDERANCE OF THE EVIDENCE THE DEFENDANT  IS  AN  ELIGIBLE  SERVICE
MEMBER  OR  VETERAN,  AND  THE  COURT  FINDS  BY  A PREPONDERANCE OF THE
EVIDENCE  THAT  INSTITUTIONAL  CONFINEMENT  IS  NOT  NECESSARY  FOR  THE
PROTECTION  OF  THE PUBLIC, OR WHEN THE PARTIES AND THE COURT AGREE TO A
FINDING THAT THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR 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 SERVICE MEMBER'S OR VETERAN'S POST-TRAU-
MATIC STRESS DISORDER, OTHER  MENTAL  ILLNESS  OR  CONDITION,  TRAUMATIC
BRAIN  INJURY,  OTHER  PHYSICAL  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
THE  ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS DISOR-
DER, 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, CONDITIONS, AND  LENGTH  OF  THE
ELIGIBLE  SERVICE  MEMBER'S  OR 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 DEFENDANT
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 SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
TIONS OF THE DEFENDANT'S HEALTH CARE PROVIDERS, IF  ANY.  THE  TREATMENT
PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
ERS,  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.

A. 7529--A                          6

  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 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
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. Subdivision 2 of section 390.30 of the criminal procedure law  is
amended to read as follows:
  2. Physical and mental examinations. Whenever information is available
with  respect to the defendant's physical and mental condition, the pre-
sentence investigation must include the gathering of  such  information,
INCLUDING  ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FOUR OF SECTION
217.05 OF THIS CHAPTER.  In the case of a felony or a class A  misdemea-
nor,  or  in  any  case  where  a  person under the age of twenty-one is
convicted of a crime, the court may order that the defendant  undergo  a
thorough physical or mental examination in a designated facility and may
further  order  that  the  defendant  remain  in  such facility for such
purpose for a period not exceeding thirty days.
  S 3. This act shall take effect immediately.

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