Senate Bill S6317

2015-2016 Legislative Session

Relates to the judicial diversion program for certain felony offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S6317 (ACTIVE) - Details

See Assembly Version of this Bill:
A9398
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S241, A1604
2019-2020: A1829

2015-S6317 (ACTIVE) - Summary

Relates to the judicial diversion program for certain felony offenders.

2015-S6317 (ACTIVE) - Sponsor Memo

2015-S6317 (ACTIVE) - Bill Text download pdf 

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

                                  6317

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse

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.

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