Senate Bill S241

2017-2018 Legislative Session

Relates to the judicial diversion program for certain felony offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse 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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2017-S241 (ACTIVE) - Details

See Assembly Version of this Bill:
A1604
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6317, A9398
2019-2020: A1829

2017-S241 (ACTIVE) - Summary

Relates to the judicial diversion program for certain felony offenders.

2017-S241 (ACTIVE) - Sponsor Memo

2017-S241 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    241
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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
   §  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:

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

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