NY State Senate Bill 2017-S6957

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Nov 27, 2017	referred to rules

2017-S6957 (ACTIVE) - Details

See Assembly Version of this Bill:: A8804
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §170.15, CP L
Versions Introduced in 2019-2020 Legislative Session:: S5137

2017-S6957 (ACTIVE) - Summary

Relates to the removal of an action to a problem solving court; provides that a "problem solving court" means drug court and domestic violence court.

2017-S6957 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6957

SPONSOR: CARLUCCI
 
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 crimi-
nal court to a court of special concern based upon the status of the
defendants or the victim as a victim of domestic violence.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 4 of section 170.15 of the criminal proce-
dure 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
"domestic violence 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 innova-
tive 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 offen-
ders 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 reduc-
ing 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 such "problem solving" courts to
Domestic violence cases in 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
domestic violence court.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S6957 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6957                                                  A. 8804
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             November 27, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred 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,"  AND  LIMITED  TO,  DRUG  COURT  AND  DOMESTIC
 VIOLENCE  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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13793-01-7

 S. 6957                             2                            A. 8804
 
   (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] 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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Senate Bill S6957

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S6957 (ACTIVE) - Details

2017-S6957 (ACTIVE) - Summary

2017-S6957 (ACTIVE) - Sponsor Memo

2017-S6957 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6957

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S6957 (ACTIVE) - Details

2017-S6957 (ACTIVE) - Summary

2017-S6957 (ACTIVE) - Sponsor Memo

2017-S6957 (ACTIVE) - Bill Text download pdf

Comments