NY State Senate Bill S3039

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2018	referred to codes delivered to assembly passed senate
Mar 13, 2018	advanced to third reading
Mar 12, 2018	2nd report cal.
Mar 06, 2018	1st report cal.625
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 05, 2017	referred to codes delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.918
Jan 19, 2017	referred to codes

Votes

view votes

Mar 26, 2018 - floor Vote

S3039

floor

Aye

Nay

Absent

Excused

Abstained

Mar 6, 2018 - Codes committee Vote

S3039

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 5, 2017 - floor Vote

S3039

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2017 - Codes committee Vote

S3039

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S3039 (ACTIVE) - Details

See Assembly Version of this Bill:: A10072
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6595, A9833
2019-2020: S3889, A5937

S3039 (ACTIVE) - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.

S3039 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3039

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to a "problem solving court"

 PURPOSE :

To allow any county, outside of a city having a population of one
million or more, the ability to move an action pending in a local
criminal court to a court of special concern based upon the status of
the defendants or the victim, commonly known as a "problem solving
court."

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 4 of section 170.15 of the criminal
procedure law, to allow for an county outside of a city having a
population of one million or more the ability to move an action
pending in local criminal court to a court of special concern,
commonly known as a "problem solving court," 'including but not
limited to, drug court, domestic violence court, youth court, mental
health court, and veterans court.

Section 2 is the effective date.

 JUSTIFICATION :

In 1998, Rockland County obtained state permission, through
legislation enacting the original Criminal Procedure Law Section
170.15(3) and (4), to create the first official felony and misdemeanor
drug courts in New York State. Rockland Counties model was so
successful that this innovative solution was first expanded to Suffolk
and Tompkins Counties in 1999, and then virtually statewide in 2000.
The success of the drug court model cannot be overstated.

Since that time, our notion of justice has expanded to include the
concept that many victims and defendants need assistance due to their
special status. Courts addressing special victims, such as Integrated
Domestic Violence ("IDV") Courts serve a particular class of victims,
while Mental Health Courts and Veterans Courts serve those
populations. These courts, addressing issues particular to specific
types of offenders or victims, are called "problem solving" courts, a
term hardly known when Rockland started its drug court.

In addition, pilot programs have begun to address the differences
between young offenders and adult criminals. A number of counties have
established Adolescent Diversion Part ("ADP") Courts to better serve
young offenders. In Nassau County, the ADP Court has succeeded in
reducing time to disposition while simultaneously winnowing offenders
most likely to commit further offenses, all while directing scarce
services to those who need them the most. Many counties wish to
centralize ADP Courts to better serve this population. However,
counties outside New York City are stymied by a significant
jurisdictional issue: currently, only drug misdemeanors may be
transferred between Town and Village Justice Courts.

This legislation will expand the use of "problem solving" courts to
counties outside of cities with a population of one million or more.
More specifically, it will allow cases to be transferred from one Town
or Village Justice Court to another when the Office of Court
Administration has designated the transferee Court as a "problem
solving" court of any particular type. This will allow counties to
centralize similar cases to concentrate both law enforcement and
therapeutic services to specific populations beyond drug courts,
hopefully with similar success to the drug court model.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

S3039 (ACTIVE) - Bill Text download pdf


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

                                  3039

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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  a  "problem
  solving court"

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

  Section 1. 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 FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED
UPON  THE  STATUS  OF  THE  DEFENDANT OR THE VICTIM, COMMONLY KNOWN AS A
"PROBLEM SOLVING COURT," INCLUDING, BUT  NOT  LIMITED  TO,  DRUG  COURT,
DOMESTIC  VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH COURT, AND VETERANS
COURT, by the chief administrator of the courts, and such [drug] PROBLEM
SOLVING 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]  PROBLEM  SOLVING  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08719-01-7

S. 3039                             2

  (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] PROBLEM SOLVING court shall promptly give notice
to the defendant, his or her counsel and the district attorney.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S3039

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 26, 2018 - floor Vote

Floor Vote: Mar 26, 2018

Mar 6, 2018 - Codes committee Vote

Codes Committee Vote: Mar 6, 2018

Jun 5, 2017 - floor Vote

Floor Vote: Jun 5, 2017

May 9, 2017 - Codes committee Vote

Codes Committee Vote: May 9, 2017

S3039 (ACTIVE) - Details

S3039 (ACTIVE) - Summary

S3039 (ACTIVE) - Sponsor Memo

S3039 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3039

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Sponsored By

David Carlucci

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 26, 2018 - floor Vote

Floor Vote: Mar 26, 2018

Mar 6, 2018 - Codes committee Vote

Codes Committee Vote: Mar 6, 2018

Jun 5, 2017 - floor Vote

Floor Vote: Jun 5, 2017

May 9, 2017 - Codes committee Vote

Codes Committee Vote: May 9, 2017

S3039 (ACTIVE) - Details

S3039 (ACTIVE) - Summary

S3039 (ACTIVE) - Sponsor Memo

S3039 (ACTIVE) - Bill Text download pdf

Comments