senate Bill S5624A

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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 committee discharged and committed to rules
Jun 09, 2014 print number 5624a
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
May 29, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S5624 - Bill Details

See Assembly Version of this Bill:
A7529A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 217 §§217.00 - 217.10, amd §390.30, CP L

S5624 - Bill Texts

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

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BILL NUMBER:S5624

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing an alternative resolution program for
veterans accused of certain felonies

PURPOSE:

To establish a process for the alternative resolution of criminal
proceedings involving veterans who have served in combat or who have
experienced a traumatic event or were physically or mentally injured
during military service where their resulting illness, injury, and/or
other condition may have played a role in the commission of criminal
offense.

SUMMARY OF PROVISIONS:

Section 1 establishes a new criminal procedure law article 217,
comprised of two sections, to provide for alternate resolution of
criminal proceedings involving veterans. The new section 217.00
contains definitions of the terms "veteran," "eligible veteran," and"
eligible veteran evaluation." The new section 217.05 sets forth the
procedure for determining eligible veteran status, describes the
alternative resolution program, which includes the development of a
treatment plan, and the final disposition of proceedings upon
satisfaction of the terms and conditions of the treatment plan.

Section 2 provides the effective date.

JUSTIFICATION:

In November 2010, the U.S. Department of Veterans Affairs reported
that there were close to one million veterans living in New York, and
approximately 11% of those veterans were receiving monthly disability
compensation. Many of those veterans are individuals who served in the
recent wars in Afghanistan and Iraq. As service members return to the
United States after one or more tours of duty, it has become clear
that many have experienced physical and mental trauma as a result of
their military service and currently suffer from a wide range of
medical conditions, including posttraumatic stress disorder (PTSD),
traumatic brain injury, alcohol or substance abuse or addiction, and
other physical and/or mental impairments or illnesses. As reported in
the RAND Corporation's 2008 monograph, Invisible Wounds of War:
Psychological and Cognitive Injuries, Their Consequences, and Services
to Assist Recovery, a study of service members returning from
Afghanistan and Iraq have found that more than 25% may have a mental
health disorder, such as PTSD, anxiety disorder, or depression; other
studies have shown that the PTSD rates among previously deployed
persons typically vary between 5 and 20%, and the rates of Major
depression are similar. While the majority of veterans, even those who
are suffering the physical or psychological effects of trauma or
injury, are able to return to civilian life and never have contact
with the criminal justice system, not all do.

This bill is designed to give eligible veterans, veterans who are
suffering from physical and/or mental illnesses or conditions as a
result of military service and whose illness or condition may have


played a role in the charged offense, the opportunity to receive
treatment and to have their charges dismissed or reduced upon
satisfaction of the requirements of the court-ordered treatment plan.

As of March 1, 2013, New York State has 17 operational veterans
courts/veterans tracks in 15 counties. Some of those courts are based
in city courts and others are part of the county courts. While these
courts have helped and continue to help veterans who have come in
contact with the criminal justice system, they are only able to accept
a small percentage of potentially eligible veterans, they typically
limit eligi- bility to veterans who have been accused of misdemeanors
and some nonviolent felonies, and they do not have uniform procedures.
Additionally, the majority of counties in New York, including some
with military bases or National Guard facilities and the counties
surrounding them, do not have veterans courts. This bill would give
criminal courts in every county the ability to provide for an
alternate resolution for eligible veterans.

A number of states have also statutorily-created veterans treatment
courts, and a few states, including California and Minnesota, have
enacted legislation designed to assist veterans who have been
convicted of crimes. Passage of this bill will make New York the first
to establish a comprehensive statutory diversion program for veterans,
a program that will ensure that eligible veterans across the state
receive the same opportunities for treatment and for avoiding the
significant collateral consequences that flow from criminal
convictions.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

Localities should experience a reduction in local jail costs with
consequent fiscal savings and the State should save on reduced
prison-costs. It is anticipated that a considerable number of eligible
veterans will receive treatment through the U.S. Department of
Veterans Affairs.

EFFECTIVE DATE:

Immediate.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5624

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 29, 2013
                               ___________

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

S. 5624                             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

S. 5624                             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

S. 5624                             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

S. 5624                             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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S5624A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7529A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 217 §§217.00 - 217.10, amd §390.30, CP L

S5624A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5624A

TITLE OF BILL: 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

PURPOSE:

To establish a process for the alternative resolution of criminal
proceedings involving service members and veterans who served in
combat or experienced a traumatic event or were physically or mentally
injured during military service where their resulting illness, injury,
and/or other condition may have played a role in the commission of
criminal offense.

SUMMARY OF PROVISIONS:

Section 1 establishes a new criminal procedure law article 217,
comprised of three sections, to provide for alternate resolution of
criminal proceedings involving service members and veterans. The new
section 217.00 contains "Legislative findings and declaration." The
new section 217.05 contains definitions of the terms "veteran,"
"service member," "eligible service member or veteran" and "service
member or veteran evaluation." The new section 217.10 sets forth the
procedure for conducting a service member or veteran evaluation,
including diagnosing any mental or physical health condition,
assessment if treatment is needed, and determining eligibility in the
alternative resolution program. Veteran or service member defendants
charged with violent Class A felonies, such as murder, arson and
kidnapping, and all sex offenses, are not eligible for the alternative
resolution program. Section 217.10 also describes the alternative
resolution program, which includes the development of a treatment
plan, and the court's final disposition of proceedings upon
satisfaction of the terms and conditions of the treatment plan, which
may include a reduction of the charge or a discharge. Section 2
includes an amendment to Section 390.30 of the criminal procedure law
to include any veteran or service member's evaluation report in a
pre-sentence investigation and report. Section 3 provides the
effective date.

JUSTIFICATION:

As U.S. veterans return home, an increasing number of them suffer from
serious trauma as a result of their military service, such as
Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI),
substance abuse or addiction, major depression and other mental or
physical impairments or illnesses. 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 got 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
Corporation's Needs Assessment of New York State Veterans, recommended
a policy "to successfully execute an alternative sentencing program
for veterans whose crimes stem from service-related injuries."

Returning veterans face frontline indifference when suffering from an
untreated mental or physical illness or injury. And those vets who may
commit a crime end up lost in the criminal justice system. There is no
statewide mechanism to identify veterans in the criminal justice
system, and many are sentenced by courts unaware of their veteran
status and military experience, let alone any untreated health
condition that caused or contributed to their criminal act. A
proactive health-based approach is needed to respond to this mental
health calamity among veterans who find themselves in the criminal
justice system. The Justice for Our Veterans Act would establish
procedures to ensure that veterans in the criminal justice system
receive necessary treatment to address military service-caused
physical or mental illnesses that may have played a role in the
charged offense. If the veteran completes the court-ordered treatment
plan, the court has the option to reduce or dismiss the charges in
appropriate cases. If the veteran completes the court-ordered
treatment plan, the court has the option to reduce or dismiss the
charges when appropriate. Veteran defendants charged with a Class A
felony of murder, arson or kidnapping, or any sex offense, would be
evaluated for any mental or physical health conditions, but they would
not be eligible for the diversion track program resulting in possible
reduced charges.

New York has 19 veterans' courts or tracks in 17 counties, based in
city or county courts. While these courts can help veterans, they only
accept a small percentage of cases, do not have uniform procedures,
and usually limit eligibility to misdemeanors and nonviolent felonies.
Moreover, the majority of counties do not even have veterans courts.
Our veterans deserve the Justice for Our Veterans Act so that
untreated men and women with invisible but real illnesses or
injuries-the most vulnerable of our returning warriors-receive
treatment and an alternative resolution process in the criminal
justice system. This bill would require judges to consider the role a
veteran's mental health issues played in their infraction, and whether
charges should be reduced or dismissed upon the conclusion of the
veteran's treatment. While we as a grateful nation support our troops,
the Justice for Our Veterans Act puts our nation's pledge to support
the troops into action. It directly assists, in a concrete way, the
most vulnerable of our veterans.

Passage of this bill will make New York one of the first states to
establish a comprehensive statutory program so that veterans receive
needed treatment to address mental health illnesses or conditions, and
when appropriate, avoid the significant collateral consequences that
flow from criminal convictions.

LEGISLATIVE HISTORY:

2013 - Codes Committee


FISCAL IMPLICATIONS:

Localities should experience a reduction in local jail costs with
consequent fiscal savings and the State should save on reduced
prison-costs. It is anticipated that the cost to the state for
treatment will be negligible as many if not most, eligible veterans
will receive treatment through the U.S. Department of Veterans
Affairs.

EFFECTIVE DATE:

Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5624--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 29, 2013
                               ___________

Introduced  by  Sens. GRIFFO, BALL, GRISANTI, HASSELL-THOMPSON, KRUEGER,
  LATIMER, MONTGOMERY, PARKER,  RANZENHOFER,  TKACZYK,  ZELDIN  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10843-03-4

S. 5624--A                          2

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
(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

S. 5624--A                          3

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.
  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

S. 5624--A                          4

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;
  (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.

S. 5624--A                          5

  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.
  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-

S. 5624--A                          6

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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