S T A T E   O F   N E W   Y O R K
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                                  5677

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 27, 2015
                               ___________

Introduced by Sen. GRIFFO -- (at request of the Attorney General) -- (at
  request  of  the  Office  of  Court  Administration) -- 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 removal of a
  criminal action to a veterans treatment court

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

  Section  1.  Legislative  findings. The legislature finds and declares
that New York, along with the rest of the country, owes an enduring debt
to the brave men and women who have served in our nation's armed forces.
Their service in defense of our country and its  ideals  must  never  be
forgotten.  We also must not fail to recognize that when veterans return
from foreign conflicts their transition to civilian life is  not  always
an  easy  one  and  can  be  marked by depression, other forms of mental
illness and substance abuse.  Studies  have  shown  that  the  trauma  a
soldier  suffers  while  deployed  is a major contributing factor to low
level, but often persistent, criminal activity.
  New York stands in the vanguard for treating veterans  whose  criminal
conduct is linked to their military service. In 2008, the nation's first
veterans  treatment  court  was  started  in  the Buffalo city court. By
recognizing the root causes of many veterans' contacts with the criminal
justice system and  applying  proven  resources,  including  counseling,
treatment  for drug or alcohol addiction, hands-on assistance with hous-
ing needs and job training and placement, we have led the way in  reduc-
ing recidivism among returning veterans. Starting with that single court
in  Buffalo,  the veterans treatment court has become the model for many
other states. While New York now has twenty  veterans  treatment  courts
and at least two additional courts in the planning stage, not all of New
York's  veterans live in a jurisdiction that currently has such a court.
We can do better.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09291-03-5
              

S. 5677                             2

  In order to broaden the availability of veterans treatment  courts  to
qualified  veterans, this act would authorize the transfer of a criminal
case against a qualified veteran whose charges are pending  in  a  local
criminal  court  that is not a veterans treatment court to another local
criminal  court  within  the  same  county  that is a veterans treatment
court. Following the successful "drug hub court" model, the  case  could
only  be  transferred  on the application of the defendant, and with the
consent of the court and district attorney.  Recognizing  that  resource
constraints  and  the need for extensive planning and coordination among
the judiciary and local, state and federal  agencies  have  limited  the
availability  of  veterans  treatment courts in certain jurisdictions in
the state, this measure also would permit a qualified veteran  to  apply
to  have  his  or  her criminal case transferred to a veterans treatment
court located in an adjoining county.  This  will  ensure  the  broadest
possible  reach  of  every existing veterans treatment court, and send a
signal that New York and its courts are committed to  acknowledging  and
serving  the special needs of the greatest number of qualified veterans.
In practical terms, the act  would  immediately  more  than  double  the
number  of  counties where veterans charged with criminal offenses would
have access to the proven benefits of a veterans treatment court.
  S 2. Subdivision 4 of section 170.15 of the criminal procedure law, as
amended by chapter 67 of the  laws  of  2000,  is  amended  to  read  as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant and with the consent of the district attorney, order that  the
action  be  removed  from  the  court  in which the matter is pending to
another local criminal court in the same county which  has  been  desig-
nated  a  drug  court  by  the  chief administrator of the courts, OR TO
ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
may  then  conduct  such  action  to [judgement] JUDGMENT or other final
disposition; provided, however, that an order of  removal  issued  under
this  subdivision  shall  not take effect until five days after the date
the order is issued unless, prior to such effective date, the drug court
OR VETERANS TREATMENT COURT notifies the court  that  issued  the  order
that:
  (a)  it will not accept the action, in which event the order shall not
take effect, or
  (b) it will accept the action on a date prior to such effective  date,
in which event the order shall take effect upon such prior date.
  Upon  providing  notification pursuant to paragraph (a) or (b) of this
subdivision, the drug court OR VETERANS TREATMENT COURT  shall  promptly
give notice to the defendant, his or her counsel and the district attor-
ney.
  S 3. Subdivision 3 of section 180.20 of the criminal procedure law, as
amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
follows:
  3. Notwithstanding any provision of this section to the  contrary,  in
any  county  outside  a city having a population of one million or more,
upon or after arraignment of a defendant on a felony  complaint  pending
in  a local criminal court having preliminary jurisdiction thereof, such

S. 5677                             3

court may, upon motion of the defendant and  with  the  consent  of  the
district  attorney,  order  that the action be removed from the court in
which the matter is pending to another local criminal court in the  same
county which has been designated a drug court by the chief administrator
of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
COURT may then dispose of such felony complaint pursuant to  this  arti-
cle;  provided,  however,  that  an  order  of removal issued under this
subdivision shall not take effect until five days  after  the  date  the
order  is issued unless, prior to such effective date, the drug court OR
VETERANS TREATMENT COURT notifies the court that issued the order that:
  (a) it will not accept the action, in which event the order shall  not
take effect, or
  (b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
  Upon providing notification pursuant to paragraph (a) or (b)  of  this
subdivision,  the  drug court OR VETERANS TREATMENT COURT shall promptly
give notice to the defendant, his or her counsel and the district attor-
ney.
  S 4. To the extent practicable, the chief administrator of the  courts
shall  establish  such  number  of  veterans  treatment courts as may be
necessary to fulfill the purposes of this act.
  S 5. This act shall take effect immediately.