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.