Assembly Bill A9398

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

                                  9398

                          I N  A S S E M B L Y

                            February 29, 2016
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the  judicial
  diversion program for certain felony offenders

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

  Section 1. Paragraph (c) of subdivision 2 of  section  216.00  of  the
criminal  procedure law, as added by section 4 of part AAA of chapter 56
of the laws of 2009 is amended, paragraph (d)  of  such  subdivision  is
relettered  paragraph  (e),  and a new paragraph (d) is added to read as
follows:
  (c) a recommendation as to the treatment modality, level of  care  and
length  of any proposed treatment to effectively address the defendant's
alcohol or substance abuse or dependence  and  any  co-occurring  mental
disorder or illness; [and]
  (D)  A  COMPLETE  DESCRIPTION  OF  THE  DEFENDANT'S  CRIMINAL HISTORY,
INCLUDING SEALED CASES, SUCH  AS  JUVENILE  DELINQUENCY  DETERMINATIONS,
JUVENILE  OFFENDER  CASES, YOUTHFUL OFFENDER ADJUDICATIONS, AND ADJOURN-
MENTS IN CONTEMPLATION OF DISMISSAL, WITH THE DEFENDANT'S REQUEST FOR AN
ALCOHOL AND SUBSTANCE ABUSE EVALUATION BEING  DEEMED  A  WAIVER  OF  ALL
SEALING  PROVISIONS  AND  AN  AUTHORIZATION  FOR  RELEASE  OF ALL SEALED
RECORDS FOR PURPOSES OF THE EVALUATION AND THE COURT'S DETERMINATION  OF
THE  DEFENDANT'S  APPLICATION  TO  BE OFFERED ALCOHOL OR SUBSTANCE ABUSE
TREATMENT PURSUANT TO THIS ARTICLE; AND
  S 2. Subparagraphs (ii), (iii), (iv)  and  (v)  of  paragraph  (b)  of
subdivision 3 of section 216.05 of the criminal procedure law are renum-
bered  subparagraphs  (iii),  (iv),  (v) and (vi) and a new subparagraph
(ii) is added to read as follows:
  (II) DESPITE THE DEFENDANT BEING AN ELIGIBLE  DEFENDANT,  THE  DEFEND-
ANT'S  CRIMINAL  HISTORY,  INCLUDING INFORMATION CONTAINED IN PREVIOUSLY
SEALED RECORDS, INDICATES THAT THE DEFENDANT SHOULD NOT BE OFFERED ALCO-
HOL OR SUBSTANCE ABUSE TREATMENT PURSUANT TO THIS ARTICLE;
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13153-01-5