S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3099
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRINDISI, HUNTER, ORTIZ, JENNE, COOK, PERRY,
   JOHNS, WEPRIN,  McDONOUGH,  ABINANTI,  GIGLIO,  ZEBROWSKI,  MONTESANO,
   WRIGHT,  ROZIC,  McDONALD,  STIRPE,  KEARNS, LUPARDO, LAVINE, BARRETT,
   FAHY, GUNTHER, THIELE, AUBRY,  HEVESI,  BENEDETTO,  PALMESANO,  BLAKE,
   MOSLEY,  SKARTADOS, RAIA, OTIS, DiPIETRO, ENGLEBRIGHT, ARROYO, HOOPER,
   GALEF, LUPINACCI, STECK, PAULIN -- Multi-Sponsored  by  --  M.  of  A.
   BRONSON,  BUTLER, COLTON, DenDEKKER, HAWLEY, LAWRENCE, McKEVITT, OAKS,
   O'DONNELL, RA, RIVERA, SCHIMMINGER, SIMANOWITZ, SIMON, WALKER --  read
   once and referred to the Committee on Codes
 
 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.
 § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01880-01-7
              

 A. 3099                             2
 
   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
 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 HIS OR HER
 OFFENSE, AND WHETHER CHARGES SHOULD BE REDUCED  OR  DISMISSED  UPON  THE
 CONCLUSION OF THE VETERAN'S TREATMENT.
 § 217.05 DEFINITIONS.
   THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   1.  (A) "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.
   (B) "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.
   2. "MILITARY SERVICE" MEANS THE PERFORMANCE OF ANY DUTY IN THE  UNITED
 STATES  MILITARY,  INCLUDING  SERVICE  IN  THE  NATIONAL  GUARD OR OTHER
 RESERVE COMPONENTS 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

 A. 3099                             3
 
 (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
 OR COMBINATION THEREOF, THAT WAS, AT LEAST IN PART, CAUSED  BY,  EXACER-
 BATED  BY  OR  RESULTED  FROM THE SERVICE MEMBER'S OR VETERAN'S 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 OR SERVICE MEMBER EVALUATION" MEANS A  WRITTEN  ASSESSMENT
 AND  REPORT  BY  A COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFES-
 SIONAL, AS ARTICULATED AND AUTHORIZED BY THEIR SPECIFIC SCOPE  OF  PRAC-
 TICE,  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 EXPERI-
 ENCED 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 HIS OR HER 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.
 § 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 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 VETER-
 ANS, 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

 A. 3099                             4
 
 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
 SHALL ORDER AN EVALUATION OF THE DEFENDANT, AS  DEFINED  IN  SUBDIVISION
 FOUR  OF SECTION 217.05 OF THIS ARTICLE, TO EVALUATE WHETHER THE DEFEND-
 ANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, AS DEFINED IN  SUBDIVISION
 THREE  OF  SECTION  217.05 OF THIS ARTICLE. FOR THOSE SERVICE MEMBERS OR
 VETERANS WHOSE OFFENSE  EXCLUDED  THEM  FROM  ENTERING  THE  ALTERNATIVE
 RESOLUTION PROGRAM, AN EVALUATION SHALL BE CONDUCTED AS DEFINED IN PARA-
 GRAPHS (A), (B), (C), (D) AND (F) OF SUBDIVISION 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 REGU-
 LATIONS AUTHORIZING DISCLOSURE OF THE RESULTS OF THE ASSESSMENT  TO  THE
 DEFENDANT'S  ATTORNEY,  THE  PROSECUTOR,  THE  COURT,  AUTHORIZED  COURT
 PERSONNEL AND OTHER INDIVIDUALS SPECIFIED 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 INVESTIGATION 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)  UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
 REPORT, THE DISTRICT ATTORNEY SHALL REVIEW SUCH REPORT.  FOR  ALL  FELO-
 NIES,  DISTRICT  ATTORNEY  CONSENT IS REQUIRED, FOR THE ELIGIBLE SERVICE
 MEMBER OR VETERAN TO ENTER THE ALTERNATIVE RESOLUTION PROGRAM.
   (D) 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 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 OR OFFENSE.
   (E) 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 MILITARY
 SERVICE;

 A. 3099                             5

   (III) SUCH ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED  A  ROLE
 IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES OR OFFENSE; 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.
   4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
 PURSUANT  TO PARAGRAPH (E) OF SUBDIVISION THREE OF THIS SECTION, THAT BY
 A PREPONDERANCE OF THE EVIDENCE THE DEFENDANT  IS  AN  ELIGIBLE  SERVICE
 MEMBER  OR VETERAN, AND IF THE DEFENDANT IS CHARGED WITH A CLASS A, B OR
 C FELONY, AND THE COURT FINDS BY A PREPONDERANCE OF  THE  EVIDENCE  THAT
 INSTITUTIONAL  CONFINEMENT  IS  NOT  NECESSARY FOR THE PROTECTION OF THE
 PUBLIC, AND IF THE DEFENDANT IS CHARGED WITH A FELONY AND  THE  DISTRICT
 ATTORNEY  CONSENTS, 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 CONDITIONED ON THE DEFENDANT:
   (I) ENTERING A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
   (II) ENTERING A PLEA OF GUILTY TO A LESSER CHARGE AS MAY BE AGREED  BY
 THE PARTIES.
   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.    AS
 PART OF SUCH PLAN, THE COURT MAY TRANSFER THE CASE TO AN EXISTING VETER-
 AN  OR  OTHER TREATMENT COURT IN THE COUNTY OF JURISDICTION OR ADJOINING
 COUNTY.
   (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  A
 SHOWING  THAT  ADDITIONAL  TREATMENT  IS  NEEDED, AND THE CONSENT OF THE
 DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN FOR UP TO TWELVE  ADDI-
 TIONAL MONTHS.

 A. 3099                             6
 
   (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 A SHOWING THAT ADDITIONAL TREATMENT IS NEEDED,
 AND THE 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) 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, UPON  THE
 DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
 MENT  PLAN,  AND  SUCCESSFUL COMPLETION THEREOF, THE COURT SHALL DISMISS
 THE ACCUSATORY INSTRUMENT, EXCEPT FOR FELONIES INVOLVING INTIMATE  PART-
 NER  VIOLENCE OR DOMESTIC VIOLENCE, WHICH FINAL DISPOSITION MAY INCLUDE,
 BUT IS NOT LIMITED TO: (I) A SENTENCE OF PROBATION SUPERVISION; OR  (II)
 REQUIRING  THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPER-
 VISION 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 (III) 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  (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS OR HER GUILTY PLEA
 AND DISMISSING THE INDICTMENT. IT IS NOT INTENDED THAT CRIMINAL CONTEMPT
 CHARGES FOR VIOLATIONS OF ORDERS OF PROTECTION NOT ALLEGING VIOLENCE, BE
 INCLUDED.
   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  APPROPRIATE
 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 AGENCY, DIVI-
 SION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION  ONE
 OF SECTION 160.50 OF THIS CHAPTER.
   (B)  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY, IF THE DEFENDANT IS
 ALLOWED TO PARTICIPATE IN THE PROGRAM PURSUANT TO  SUBPARAGRAPH  (I)  OR
 (II)  OF  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF THIS SECTION, UPON THE
 DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
 MENT PLAN, AND SUCCESSFUL COMPLETION THEREOF, THE COURT  SHALL,  IF  THE
 DEFENDANT HAS PLED TO A CLASS A, B, OR C FELONY, PERMIT THE DEFENDANT TO
 WITHDRAW  THAT  PLEA  AND SUBSTITUTE A PLEA TO A CLASS D FELONY OR LOWER
 OFFENSE. UPON ENTRY OF THE SUBSTITUTED PLEA, THE FINAL  DISPOSITION  MAY
 INCLUDE,  BUT  IS  NOT  LIMITED TO:   (I) A SENTENCE OF PROBATION SUPER-
 VISION; OR (II) 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 (III) REQUIRING THE DEFENDANT  TO
 UNDERGO  A  PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON SUCCESSFUL

 A. 3099                             7
 
 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 (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS
 OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
   § 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 FIVE 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.
   § 3. This act shall take effect immediately.