NY State Senate Bill S3141

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to veterans, homeland security and military affairs
May 04, 2015	reported and committed to finance
Feb 02, 2015	referred to veterans, homeland security and military affairs

Votes

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May 4, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

S3141

committee

Aye

Nay

Aye with Reservations

Absent

Excused

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Co-Sponsors

S3141 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Judiciary Law
Laws Affected:: Add Art 5-C §§178-a - 178-c, Judy L
Versions Introduced in 2013-2014 Legislative Session:: S7814

S3141 (ACTIVE) - Summary

Establishes veterans courts for the purpose of hearing and determining criminal cases involving veterans.

S3141 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3141

TITLE OF BILL:
An act
to amend the judiciary law, in relation to veterans courts

PURPOSE:

This bill would establish Veteran Treatment Courts (VTCs) within the
framework of the state's criminal justice system.

SUMMARY OF PROVISIONS:

Section one amends the Judiciary Law by adding a new article 5-C,
"Veterans Courts", which includes new section 178-a, relating to the
establishment of Veterans Treatment Courts throughout New York State,
and new sections 178-b and 178-c, which would provide procedures for
transferring cases from other courts to Veterans Treatment Courts.

JUSTIFICATION:

Since 2001, more than 2.25 million United States troops have been
deployed to Operation Iraqi Freedom (01F) and Operation Enduring
Freedom (OEF). Our veterans return home with a unique set of health
related illnesses, which often go untreated, leading to destructive
or criminal behavior, such as substance abuse or addiction. A survey

conducted by the Justice Department found that approximately 60% of
the 140,000 veterans in federal and state prisons were struggling
with a substance use disorder, and 25% reported being under the
influence of drugs at the time of the offense. Furthermore, a study
conducted by the RAND Corporation in 2008 found that 31% of troops
who served in Iraq and Afghanistan have a service-related mental
health condition or traumatic brain injury (TBI). One of the most
common detriments of war is post-traumatic stress disorder (PTSD), a
mental health condition. The U.S. Department of Veterans Affairs
estimates that roughly 11% of veterans who served in OEF, and 20% of
veterans who served in OIF suffer from PTSD, which can lead to
depression, anxiety disorders and substance abuse. Unfortunately, due
to the stigma associated with mental health issues, many veterans do
not seek treatment. Left untreated, these conditions
often times lead to the disruption of family life, loss of
employment and trigger actions which lead to criminal prosecution.
Veterans many times enter the criminal justice system on charges
which stem from mental illness or substance abuse often due to trauma
experienced during their active military service.

Veteran Treatment Courts recognize the unique needs of our veterans by
helping those who have been charged with certain crimes get on the
correct path, and become productive members of society, while
ensuring public safety and trust in the criminal justice system.
Enacting a statutory framework for the establishment and operation of
Veteran Treatment Courts throughout the state will help increase the
number of these valuable forums within the court system and provide
access to a range of services for appropriate veteran criminal
defendants.


Veteran Treatment Courts have been created in a limited number of
areas in New York State, including the City of Buffalo, which has
been recognized as the first court of its kind in the country.
However, these courts only handle cases commenced within a particular
county. This bill would expand accessibility to Veteran Treatment
Courts by allowing them to hear cases from other courts within the
judicial district.

These courts utilize a model similar to that of the drug and mental
health courts, providing a court-based system of assessment,
treatment, review hearings, and graduated sanctions. They provide
veterans with the opportunity to receive the benefit of Veterans
Administration programs and local social services, an opportunity for
employment, and - when appropriate -- rehabilitation rather than
incarceration. The following components are important to the
successful operation of Veterans Treatment Courts:

-Voluntary participation by veterans;

-Coordination of activities with federal agencies, community-based
service providers and local agencies;

-Mentoring by successful veterans in the community; -Flexibility for
local officials; and,

-Tracking outcomes.

With the fourth largest veteran population in the country, New York
State is committed to providing veterans with the necessary resources
and services upon their return from active military service.
Enhancing the development of Veteran Treatment Courts will build on a
successful model and provide appropriate veterans with access to the
various services provided by the U.S. Department of Veteran Affairs,
and other community-service organizations which assist with housing,
employment and family matters. It is important to the personal
success of our returning service men and woman that they receive
these unique and specialized services through Veteran Treatment Courts.

LEGISLATIVE HISTORY:

2014 - S. 7814 - Judiciary Committee.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

First of January next succeeding the date on which it shall have
become a law.

S3141 (ACTIVE) - Bill Text download pdf

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

                                  3141

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the judiciary law, in relation to veterans courts

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

  Section 1. The judiciary law is amended by adding a new article 5-C to
read as follows:
                               ARTICLE 5-C
                             VETERANS COURTS
SECTION 178-A. ESTABLISHMENT OF COURTS FOR VETERANS.
        178-B. TRANSFER  OF CASES TO COURTS FOR VETERANS; HOW EFFECTUAT-
                 ED.
        178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER  OF  CASE
                 THERETO.
  S 178-A. ESTABLISHMENT OF COURTS FOR VETERANS. THE CHIEF ADMINISTRATOR
OF  THE  COURTS,  BY ADMINISTRATIVE ORDER, IS AUTHORIZED AND DIRECTED TO
ESTABLISH A COURT FOR VETERANS IN ANY CRIMINAL COURT IN THE  STATE,  AND
ASSIGN ONE OR MORE JUSTICES OR JUDGES TO PRESIDE THEREIN. SUCH COURT FOR
VETERANS SHALL HAVE AS ITS PURPOSE THE HEARING AND DETERMINATION OF:
  1. CRIMINAL CASES THAT ARE COMMENCED IN THE COURT FOR VETERANS AGAINST
A DEFENDANT IDENTIFIED AS A VETERAN; AND
  2.  CRIMINAL CASES THAT ARE COMMENCED IN OTHER COURTS OF THE COUNTY OR
COURTS IN ANOTHER COUNTY WITHIN THE  JUDICIAL  DISTRICT,  AND  THAT  ARE
IDENTIFIED  AS APPROPRIATE FOR DISPOSITION BY THE COURT FOR VETERANS AND
TRANSFERRED TO THE COURT FOR VETERANS AS PROVIDED IN SECTION ONE HUNDRED
SEVENTY-EIGHT-B OF THIS ARTICLE.
  S 178-B. TRANSFER OF CASES TO COURTS FOR VETERANS; HOW EFFECTUATED. 1.
TRANSFER OF CASES PENDING IN LOCAL CRIMINAL COURTS. (A) A LOCAL CRIMINAL
COURT IN A COUNTY IN WHICH A COURT FOR  VETERANS  HAS  BEEN  ESTABLISHED
UNDER  THIS  ARTICLE  OR A LOCAL CRIMINAL COURT IN ANOTHER COUNTY WITHIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02440-01-5

S. 3141                             2

THE JUDICIAL DISTRICT MAY, UPON MOTION OF THE  DEFENDANT  AND  WITH  THE
CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES OF PAPERS AND OTHER DOCU-
MENTS  FILED  IN SUCH LOCAL CRIMINAL COURT IN CONNECTION WITH A CRIMINAL
ACTION  OR PROCEEDING PENDING THEREIN TO BE SENT TO THE COURT FOR VETER-
ANS:
  (I) UPON OR AFTER ARRAIGNMENT OF THE DEFENDANT  ON  A  LOCAL  CRIMINAL
COURT  ACCUSATORY  INSTRUMENT  BY  WHICH  SUCH  ACTION OR PROCEEDING WAS
COMMENCED; OR
  (II) UPON OR AFTER COMMENCEMENT OF  A  PROCEEDING  BROUGHT  AGAINST  A
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF CONDITIONAL DISCHARGE.
  (B) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS,  THE  JUSTICE  OR  JUDGE  PRESIDING IN THE COURT FOR VETERANS
SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO
THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF THE JUSTICE OR
JUDGE PRESIDING IN THE COURT DETERMINES THAT IT WOULD PROMOTE THE ADMIN-
ISTRATION OF JUSTICE, HE OR SHE MAY ORDER SUCH TRANSFER, IN WHICH  EVENT
THE ACTION OR PROCEEDING SHALL BE TRANSFERRED TO THE COURT FOR VETERANS,
ALL  ORIGINATING PAPERS SHALL THEN BE SENT FROM THE ORIGINATING COURT TO
THE COURT FOR VETERANS, AND ALL FURTHER PROCEEDINGS SHALL  BE  CONDUCTED
THEREIN.  IF  THE  JUSTICE  OR  JUDGE  DETERMINES THAT A TRANSFER OF THE
ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE, HE
OR SHE SHALL NOTIFY THE LOCAL CRIMINAL COURT OR OTHER COURT  FROM  WHICH
THE  REFERENCE WAS RECEIVED OF SUCH DETERMINATION, WHEREUPON ALL FURTHER
PROCEEDINGS IN SUCH ACTION OR PROCEEDINGS SHALL BE CONDUCTED IN  ACCORD-
ANCE WITH LAW.
  2. TRANSFER OF CASES PENDING IN SUPERIOR COURTS. (A) AT ANY TIME WHILE
A  CRIMINAL  ACTION  OR  PROCEEDING  IS PENDING IN A SUPERIOR COURT IN A
COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTABLISHED OR A  SUPERIOR
COURT  IN  ANOTHER  COUNTY  WITHIN  THE  JUDICIAL  DISTRICT, INCLUDING A
PROCEEDING BROUGHT AGAINST A DEFENDANT FOR THE VIOLATION OF A  CONDITION
OF  A  SENTENCE  OF  PROBATION OR A SENTENCE OF CONDITIONAL DISCHARGE, A
JUDGE OR JUSTICE OF THE COURT IN WHICH THE ACTION OR PROCEEDING IS PEND-
ING MAY, UPON MOTION OF THE  DEFENDANT  AND  WITH  THE  CONSENT  OF  THE
DISTRICT  ATTORNEY,  CAUSE COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN
SUCH COURT IN CONNECTION WITH THE ACTION OR PROCEEDING TO BE SENT TO THE
JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS FOR REVIEW  OF  THE
APPROPRIATENESS OF THE TRANSFER.
  (B)  NOT  LATER  THAN  FIVE BUSINESS DAYS FOLLOWING THE RECEIPT OF THE
PAPERS AND OTHER DOCUMENTS, THE JUDGE OR JUSTICE PRESIDING IN THE  COURT
FOR  VETERANS SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR
PROCEEDING TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE.  IF
SUCH  JUDGE OR JUSTICE DETERMINES THAT TRANSFER WOULD PROMOTE THE ADMIN-
ISTRATION OF JUSTICE:
  (I) HE OR SHE, IF SITTING IN SUPREME COURT, MAY ORDER  SUCH  TRANSFER,
IN  WHICH  EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSI-
TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT TO THE
COURT FOR VETERANS, AND  ALL  FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR
PROCEEDING SHALL BE CONDUCTED THEREIN; OR
  (II)  HE  OR  SHE,  IF  SITTING  IN  COUNTY COURT, SHALL SO NOTIFY THE
JUSTICE OF THE COURT WHO CAUSED THE PAPERS AND  OTHER  DOCUMENTS  TO  BE
SENT  TO HIM OR HER, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH TRANSFER,
IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSI-
TION  TO  THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT FROM
THE ORIGINATING COURT  TO  THE  COURT  FOR  VETERANS,  AND  ALL  FURTHER
PROCEEDINGS  IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN. IF

S. 3141                             3

THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS DETERMINES THAT
A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT  PROMOTE  THE  ADMINIS-
TRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE ORIGINATING COURT OF SUCH
DETERMINATION,  WHEREUPON  ALL  FURTHER  PROCEEDINGS  IN  SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
  S 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THER-
ETO. EACH ACTION OR PROCEEDING TRANSFERRED TO A COURT FOR VETERANS SHALL
BE SUBJECT TO THE SAME SUBSTANTIVE AND  PROCEDURAL  LAW  AS  WOULD  HAVE
APPLIED TO IT HAD IT NOT BEEN TRANSFERRED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S3141

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Your Voice

Actions

Votes

May 4, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: May 4, 2015

Co-Sponsors

S3141 (ACTIVE) - Details

S3141 (ACTIVE) - Summary

S3141 (ACTIVE) - Sponsor Memo

S3141 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3141

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Your Voice

Actions

Votes

May 4, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: May 4, 2015

Co-Sponsors

Joseph E. Robach

S3141 (ACTIVE) - Details

S3141 (ACTIVE) - Summary

S3141 (ACTIVE) - Sponsor Memo

S3141 (ACTIVE) - Bill Text download pdf

Comments