S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6002
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   a judicial diversion program for young defendants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The criminal procedure law is amended by adding a new arti-
 cle 217 to read as follows:
                                 ARTICLE 217
              JUDICIAL DIVERSION PROGRAM FOR YOUNG DEFENDANTS
 SECTION 217.00 DEFINITIONS.
         217.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
 § 217.00 DEFINITIONS. THE FOLLOWING DEFINITIONS ARE APPLICABLE  TO  THIS
             ARTICLE:
   1.  "ELIGIBLE  DEFENDANT" SHALL MEAN ANY PERSON UNDER THE AGE OF TWEN-
 TY-FOUR WHO STANDS CHARGED WITH ANY NON-VIOLENT FELONY  OR  MISDEMEANOR.
 FOR  PURPOSES  OF  THIS  SECTION,  "NON-VIOLENT  FELONY"  SHALL MEAN AND
 INCLUDE ANY FELONY NOT DEFINED IN SUBDIVISION ONE OF  SECTION  70.02  OF
 THE PENAL LAW. A DEFENDANT IS NOT AN "ELIGIBLE DEFENDANT" IF HE OR SHE:
   (A)  WITHIN  THE  PRECEDING TEN YEARS, EXCLUDING ANY TIME DURING WHICH
 THE OFFENDER WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMIS-
 SION OF THE PREVIOUS OFFENSE AND THE TIME OF COMMISSION OF  THE  PRESENT
 OFFENSE,  HAS PREVIOUSLY BEEN CONVICTED OF: (I) A VIOLENT FELONY OFFENSE
 AS DEFINED IN SECTION 70.02 OF THE PENAL LAW OR (II) ANY  OTHER  OFFENSE
 FOR  WHICH  A MERIT TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARA-
 GRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED
 THREE OF THE CORRECTION LAW; OR
   (B)  HAS  PREVIOUSLY BEEN ADJUDICATED A SECOND VIOLENT FELONY OFFENDER
 PURSUANT TO SECTION 70.04 OF THE PENAL LAW OR A PERSISTENT VIOLENT FELO-
 NY OFFENDER PURSUANT TO SECTION 70.08 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09039-01-1
              

 A. 6002                             2
 
   A DEFENDANT WHO ALSO STANDS CHARGED WITH A VIOLENT FELONY  OFFENSE  AS
 DEFINED  IN SECTION 70.02 OF THE PENAL LAW OR AN OFFENSE FOR WHICH MERIT
 TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II)  OF  PARA-
 GRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION EIGHT HUNDRED THREE OF THE
 CORRECTION LAW FOR WHICH THE COURT MUST, UPON THE DEFENDANT'S CONVICTION
 THEREOF,  SENTENCE THE DEFENDANT TO INCARCERATION IN STATE PRISON IS NOT
 AN ELIGIBLE DEFENDANT WHILE SUCH CHARGES ARE PENDING. A DEFENDANT WHO IS
 EXCLUDED FROM THE JUDICIAL DIVERSION PROGRAM PURSUANT TO THIS  PARAGRAPH
 OR  PARAGRAPH  (A)  OR  (B)  OF  THIS SUBDIVISION MAY BECOME AN ELIGIBLE
 DEFENDANT UPON THE PROSECUTOR'S CONSENT.
   2. "JOB TRAINING PROGRAM" SHALL MEAN A  PROGRAM  ADMINISTERED  BY  THE
 DEPARTMENT  OF LABOR, INCLUDING BUT NOT LIMITED TO PROGRAMS THAT PROVIDE
 BUSINESSES WITH WAGE REIMBURSEMENTS OR OTHER STIPENDS  UNDER  THE  UNEM-
 PLOYMENT  STRIKEFORCE, THAT PROVIDES PARTICIPANTS WITH JOB TRAINING, JOB
 OPPORTUNITIES, AND WAGES WHOSE GOAL IS TO AID  YOUNG  AND/OR  UNEMPLOYED
 INDIVIDUALS' PARTICIPATION IN THE JOB MARKET.
 § 217.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
   1.  AT  ANY  TIME  AFTER THE ARRAIGNMENT OF AN ELIGIBLE DEFENDANT, BUT
 PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF TRIAL, THE
 COURT MAY DETERMINE THAT AN ELIGIBLE DEFENDANT SHOULD BE  OFFERED  JUDI-
 CIAL  DIVERSION  IN A SPECIFIED JOB TRAINING PROGRAM OR PROGRAMS IDENTI-
 FIED BY THE COURT. AN ELIGIBLE DEFENDANT MAY DECLINE TO  PARTICIPATE  IN
 SUCH A PROGRAM AT ANY TIME. PRIOR TO THE COURT'S ISSUING AN ORDER GRANT-
 ING  JUDICIAL  DIVERSION,  THE  ELIGIBLE  DEFENDANT SHALL BE REQUIRED TO
 ENTER A PLEA OF GUILTY TO THE CHARGE OR CHARGES; PROVIDED, HOWEVER, THAT
 NO GUILTY PLEA SHALL BE REQUIRED WHEN:
   (A) THE PEOPLE AND THE COURT CONSENT TO THE ENTRY  OF  SUCH  AN  ORDER
 WITHOUT A PLEA OF GUILTY; OR
   (B)  BASED ON A FINDING OF EXCEPTIONAL CIRCUMSTANCES, THE COURT DETER-
 MINES THAT A PLEA OF GUILTY SHALL NOT BE REQUIRED. FOR PURPOSES OF  THIS
 SUBDIVISION,  EXCEPTIONAL  CIRCUMSTANCES  EXIST  WHEN, REGARDLESS OF THE
 ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKE-
 LY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES.
   2. THE ELIGIBLE DEFENDANT SHALL AGREE ON THE RECORD OR IN  WRITING  TO
 ABIDE  BY THE RELEASE CONDITIONS SET BY THE COURT, WHICH, SHALL INCLUDE:
 PARTICIPATION IN A SPECIFIED  JOB  TRAINING  PROGRAM  FOR  A  PERIOD  OF
 SIXTEEN  MONTHS;  PERIODIC COURT APPEARANCES; AND A REQUIREMENT THAT THE
 DEFENDANT REFRAIN FROM ENGAGING IN CRIMINAL BEHAVIORS.
   3. UPON AN ELIGIBLE DEFENDANT'S AGREEMENT TO ABIDE BY  THE  CONDITIONS
 SET  BY  THE COURT, THE COURT SHALL ISSUE A SECURING ORDER PROVIDING FOR
 BAIL OR RELEASE ON THE DEFENDANT'S OWN RECOGNIZANCE AND CONDITIONING ANY
 RELEASE UPON THE AGREED UPON CONDITIONS. THE JOB TRAINING PROGRAM  SHALL
 BEGIN  AS  SPECIFIED  BY  THE COURT AND AS SOON AS PRACTICABLE AFTER THE
 DEFENDANT'S RELEASE. IN THE EVENT THAT A JOB  TRAINING  PROGRAM  IS  NOT
 IMMEDIATELY  AVAILABLE  OR  BECOMES UNAVAILABLE DURING THE COURSE OF THE
 DEFENDANT'S PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM,  THE  COURT
 MAY RELEASE THE DEFENDANT PURSUANT TO THE SECURING ORDER.
   4.  DURING  THE  PERIOD OF A DEFENDANT'S PARTICIPATION IN THE JUDICIAL
 DIVERSION PROGRAM, THE COURT SHALL RETAIN JURISDICTION OF THE DEFENDANT.
 THE COURT MAY REQUIRE THE DEFENDANT TO APPEAR IN COURT AT  ANY  TIME  TO
 ENABLE THE COURT TO MONITOR THE DEFENDANT'S PROGRESS IN THE PROGRAM. THE
 COURT  SHALL  PROVIDE NOTICE, REASONABLE UNDER THE CIRCUMSTANCES, TO THE
 PEOPLE, THE JOB TRAINING PROGRAM PROVIDER, THE DEFENDANT AND THE DEFEND-
 ANT'S COUNSEL WHENEVER IT ORDERS OR OTHERWISE REQUIRES THE APPEARANCE OF
 THE DEFENDANT IN COURT. FAILURE TO APPEAR AS REQUIRED WITHOUT REASONABLE

 A. 6002                             3
 
 CAUSE THEREFOR SHALL CONSTITUTE A VIOLATION OF  THE  CONDITIONS  OF  THE
 COURT'S AGREEMENT WITH THE DEFENDANT.
   5.  AFTER  THE  DEFENDANT HAS PARTICIPATED IN THE JOB TRAINING PROGRAM
 FOR A PERIOD OF SIXTEEN MONTHS AND UPON THE COURT'S  DETERMINATION  THAT
 THE  DEFENDANT HAS SUCCESSFULLY COMPLETED SUCH PROGRAM AND HAS OTHERWISE
 SATISFIED THE CONDITIONS REQUIRED FOR SUCCESSFUL COMPLETION OF THE JUDI-
 CIAL DIVERSION PROGRAM, THE COURT SHALL COMPLY WITH THE TERMS AND CONDI-
 TIONS IT SET FOR FINAL DISPOSITION  WHEN  IT  ACCEPTED  THE  DEFENDANT'S
 AGREEMENT  TO PARTICIPATE IN THE JUDICIAL DIVERSION PROGRAM. SUCH DISPO-
 SITION MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF  INTERIM  PROBATION
 SUPERVISION  AND,  UPON  THE  DEFENDANT'S  SUCCESSFUL  COMPLETION OF THE
 INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING THE PROVISION OF ANY
 OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA
 AND DISMISSING THE INDICTMENT; OR
   (B)  REQUIRING  THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION
 SUPERVISION AND, UPON SUCCESSFUL COMPLETION  OF  THE  INTERIM  PROBATION
 SUPERVISION  TERM,  NOTWITHSTANDING  THE  PROVISION  OF  ANY  OTHER LAW,
 PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA,  ENTER  A
 GUILTY  PLEA  TO  A  MISDEMEANOR OFFENSE AND SENTENCING THE DEFENDANT AS
 PROMISED IN THE PLEA AGREEMENT, WHICH MAY INCLUDE A PERIOD OF  PROBATION
 SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL LAW; OR
   (C)  ALLOWING  THE  DEFENDANT  TO  WITHDRAW HIS OR HER GUILTY PLEA AND
 DISMISSING THE INDICTMENT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.