BILL NUMBER: S5137

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:

2017-18: S6957/A8804 - CODES/codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.