Senate Bill S2679

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2679
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  establishing
   an  alternative  resolution  program  for service members and veterans
   accused of certain felonies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Title I of the criminal procedure law is amended by adding
 a new article 217 to read as follows:
                                 ARTICLE 217
                       JUSTICE FOR OUR VETERANS ACT
 SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
         217.05 DEFINITIONS.
         217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
 § 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
   THE LEGISLATURE FINDS THAT AN INCREASING  NUMBER  OF  NEW  YORK  STATE
 VETERANS  AND  SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A RESULT OF
 THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
 IC BRAIN INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS  OR  ILLNESSES.
 STUDIES  HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE DEVASTAT-
 ING CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF  A
 GROWING  NUMBER  OF  SERVICE MEMBERS, RETURNING VETERANS AND THEIR FAMI-
 LIES.
   A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
 FOUND ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN  REPORTED
 SYMPTOMS  OF  PTSD  OR  MAJOR DEPRESSION. RESEARCHERS ALSO FOUND SERIOUS
 TREATMENT GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL  HEALTH
 CONDITIONS  SEEKING  HELP,  AND  OF  THOSE WHO SOUGHT CARE, ROUGHLY HALF
 RECEIVED MINIMALLY ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE,  A  NEEDS
 ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
 THE  NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000 VETERANS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04188-01-1

 S. 2679                             2
 
 RETURNING HOME SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF  MENTAL  HEALTH
 PROBLEMS.    THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK STATE VETERANS
 HAD A PROBABLE DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION.  A  FOLLOW  UP
 2011  REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW YORK'S
 NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
 RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
 CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
 ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
   THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
 COME HOME TO A NEW FRONTLINE  OF  INDIFFERENCE  WHEN  SUFFERING  FROM  A
 MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
 A  CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO STATEWIDE
 MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
 OF THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR  PHYSICAL
 HEALTH  CONDITION  THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL ACT. THE
 MEN AND WOMEN WHO PUT THEIR LIVES ON  THE  LINE  FOR  AMERICA'S  FREEDOM
 DESERVE  ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE LEGIS-
 LATURE FINDS THAT OUR LAWS MUST  BE  STRENGTHENED  TO  ENSURE  UNTREATED
 SERVICE  MEMBERS  AND  VETERANS WITH MENTAL OR PHYSICAL HEALTH AILMENTS,
 THE MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND  AN
 ALTERNATIVE  RESOLUTION  PROCESS  IN  THE  CRIMINAL  JUSTICE SYSTEM. THE
 LEGISLATURE HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN  CRIMINAL
 JUSTICE  PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL EVALUATION
 AND ANY NEEDED TREATMENT FOR A DIAGNOSED INJURY OR  ILLNESS  WHICH  WILL
 ASSIST  THEM  TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE INTERESTS OF
 JUSTICE, THE LEGISLATURE FURTHER DECLARES THAT COURTS NEED  TO  CONSIDER
 IF  A  VETERAN'S  SERVICE-RELATED  AILMENT  PLAYED  A ROLE IN HIS OR HER
 OFFENSE, AND WHETHER CHARGES SHOULD BE REDUCED  OR  DISMISSED  UPON  THE
 CONCLUSION OF THE VETERAN'S TREATMENT.
 § 217.05 DEFINITIONS.
   THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   1.  (A) "VETERAN" MEANS A FORMER MEMBER OF THE UNITED STATES MILITARY,
 INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE  COMPONENTS  OF
 THE ARMED FORCES OF THE UNITED STATES.
   (B) "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
 TARY,  INCLUDING  SERVICE  IN THE NATIONAL GUARD OR OTHER RESERVE COMPO-
 NENTS OF THE ARMED FORCES OF THE UNITED STATES.
   2. "MILITARY SERVICE" MEANS THE PERFORMANCE OF ANY DUTY IN THE  UNITED
 STATES  MILITARY,  INCLUDING  SERVICE  IN  THE  NATIONAL  GUARD OR OTHER
 RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES.
   3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
   (A) A SERVICE MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF  ONE  OR  MORE
 OFFENSES,  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL
 LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
 HUNDRED FIFTY-FIVE AND TWO HUNDRED SIXTY-THREE OF  THE  PENAL  LAW,  AND
 OFFENSES  DEFINED  IN  SECTIONS  125.25  (MURDER  IN THE SECOND DEGREE),
 125.26 (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE),  135.25
 (KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
 490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
   (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
 DISORDER,  OTHER  MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY,
 OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
 OR COMBINATION THEREOF, THAT WAS, AT LEAST IN PART, CAUSED  BY,  EXACER-
 BATED  BY  OR  RESULTED  FROM THE SERVICE MEMBER'S OR VETERAN'S MILITARY
 SERVICE; AND

 S. 2679                             3
 
   (C) A SERVICE MEMBER OR VETERAN WHOSE  SPECIFIED  ILLNESS,  INJURY  OR
 OTHER  CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR MORE
 OF THE CHARGED OFFENSES.
   4.  "VETERAN  OR SERVICE MEMBER EVALUATION" MEANS A WRITTEN ASSESSMENT
 AND REPORT BY A COURT-APPROVED ENTITY OR LICENSED  HEALTH  CARE  PROFES-
 SIONAL,  AS  ARTICULATED AND AUTHORIZED BY THEIR SPECIFIC SCOPE OF PRAC-
 TICE, EXPERIENCED IN THE TREATMENT OF INDIVIDUALS SUFFERING  FROM  POST-
 TRAUMATIC   STRESS  DISORDER,  OTHER  MENTAL  ILLNESSES  OR  CONDITIONS,
 TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR MENTAL  INJURIES,  ALCOHOL  OR
 SUBSTANCE  ABUSE OR ADDICTION, OR A COMBINATION THEREOF, OR BY AN ENTITY
 CERTIFIED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS EXPERI-
 ENCED IN THE TREATMENT OF SUCH ILLNESSES, INJURIES, OR CONDITIONS, WHICH
 SHALL INCLUDE:
   (A) AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM  POST-
 TRAUMATIC  STRESS  DISORDER, OTHER MENTAL ILLNESSES OR CONDITIONS, TRAU-
 MATIC BRAIN INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES,  ALCOHOL  OR
 SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
   (B)  WHETHER  THE  DEFENDANT'S  POST-TRAUMATIC  STRESS DISORDER, OTHER
 MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
 MENTAL  INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION
 THEREOF WAS, AT LEAST IN PART, CAUSED BY,  EXACERBATED  BY  OR  RESULTED
 FROM HIS OR HER MILITARY SERVICE;
   (C)  AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR OTHER
 CONDITION, IF ANY, MAY HAVE PLAYED A ROLE IN THE COMMISSION  OF  ONE  OR
 MORE OF THE CHARGED OFFENSES;
   (D)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
 OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
   (E) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY  OR
 OTHER  CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE ALTERNA-
 TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
   (F) ANY OTHER INFORMATION,  FACTOR,  CIRCUMSTANCE,  OR  RECOMMENDATION
 DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
 COURT.
 § 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
   1.  DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. NOTWITHSTANDING
 ANY LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A  DEFEND-
 ANT,  BUT  PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF
 TRIAL, THE DEFENDANT CLAIMS TO  BE  A  SERVICE  MEMBER  OR  VETERAN,  AS
 DEFINED  IN  SECTION  217.05  OF THIS ARTICLE, THE COURT SHALL ORDER THE
 DEFENDANT TO PROVIDE EVIDENCE THAT THE DEFENDANT IS A SERVICE MEMBER  OR
 VETERAN.  SUCH  EVIDENCE  MAY INCLUDE, BUT IS NOT LIMITED TO, RECORDS OF
 THE UNITED STATES DEPARTMENT OF DEFENSE, THE UNITED STATES DEPARTMENT OF
 VETERANS AFFAIRS OR A STATE OR LOCAL VETERANS AGENCY DEVOTED  TO  VETER-
 ANS,  GUARD  MEMBERS  OR OTHER RESERVE COMPONENTS OF THE ARMED FORCES OF
 THE UNITED STATES.
   2. THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY  TESTIMONY
 OFFERED  BY  THE  DEFENDANT,  SHALL  DETERMINE BY A PREPONDERANCE OF THE
 EVIDENCE WHETHER THE DEFENDANT  IS  A  SERVICE  MEMBER  OR  VETERAN,  AS
 DEFINED IN SECTION 217.05 OF THIS ARTICLE.
   3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
 DETERMINES  THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE COURT
 SHALL ORDER AN EVALUATION OF THE DEFENDANT, AS  DEFINED  IN  SUBDIVISION
 FOUR  OF SECTION 217.05 OF THIS ARTICLE, TO EVALUATE WHETHER THE DEFEND-
 ANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, AS DEFINED IN  SUBDIVISION
 THREE  OF  SECTION  217.05 OF THIS ARTICLE. FOR THOSE SERVICE MEMBERS OR
 VETERANS WHOSE OFFENSE  EXCLUDED  THEM  FROM  ENTERING  THE  ALTERNATIVE

 S. 2679                             4
 
 RESOLUTION PROGRAM, AN EVALUATION SHALL BE CONDUCTED AS DEFINED IN PARA-
 GRAPHS  (A), (B), (C), (D) AND (F) OF SUBDIVISION FOUR OF SECTION 217.05
 OF THIS ARTICLE. THE DEFENDANT SHALL PROVIDE A WRITTEN AUTHORIZATION, IN
 COMPLIANCE  WITH  THE  REQUIREMENTS  OF  ANY APPLICABLE STATE OR FEDERAL
 LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE OF THE RESULTS OF  THE
 ASSESSMENT  TO  THE  DEFENDANT'S  ATTORNEY,  THE  PROSECUTOR, THE COURT,
 AUTHORIZED COURT PERSONNEL  AND  OTHER  INDIVIDUALS  SPECIFIED  IN  SUCH
 AUTHORIZATION FOR THE PURPOSE OF DETERMINING WHETHER THE DEFENDANT IS AN
 ELIGIBLE  SERVICE MEMBER OR VETERAN, OR FOR THE PURPOSES OF PROVIDING AN
 EVALUATION REPORT AS PART OF ANY PRE-SENTENCE INVESTIGATION  AND  REPORT
 PURSUANT TO SECTION 390.30 OF THIS CHAPTER.
   (B)  UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
 REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
 TOR.
   (C) UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN  EVALUATION
 REPORT,  THE  DISTRICT  ATTORNEY SHALL REVIEW SUCH REPORT. FOR ALL FELO-
 NIES, DISTRICT ATTORNEY CONSENT IS REQUIRED, FOR  THE  ELIGIBLE  SERVICE
 MEMBER OR VETERAN TO ENTER THE ALTERNATIVE RESOLUTION PROGRAM.
   (D)  THE  COURT  SHALL,  UPON THE REQUEST OF EITHER PARTY OR WHERE THE
 EVALUATION INDICATES THAT THE DEFENDANT MAY NOT MEET THE  DEFINITION  OF
 AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
 SECTION  217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF WHETHER
 THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR  VETERAN.  IF  THE  COURT
 ORDERS  A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO AS
 TO FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND  TO
 BE  AN ELIGIBLE SERVICE MEMBER OR VETERAN. AT THE HEARING, THE COURT MAY
 CONSIDER ORAL  OR  WRITTEN  ARGUMENTS,  TAKE  TESTIMONY  FROM  WITNESSES
 OFFERED  BY  EITHER PARTY, AND CONSIDER ANY RELEVANT EVIDENCE INCLUDING,
 BUT NOT LIMITED TO, EVIDENCE THAT:
   (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS  DISORDER,  OTHER
 MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
 MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
 THEREOF;
   (II)  SUCH  ILLNESS,  INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
 CAUSED BY, EXACERBATED BY OR  RESULTED  FROM  THE  DEFENDANT'S  MILITARY
 SERVICE; AND
   (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
 IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES OR OFFENSE.
   (E) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
 WHETHER:
   (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS  DISORDER,  OTHER
 MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
 MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
 THEREOF;
   (II)  SUCH  ILLNESS,  INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
 CAUSED BY, EXACERBATED BY OR  RESULTED  FROM  THE  DEFENDANT'S  MILITARY
 SERVICE;
   (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
 IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES OR OFFENSE; AND
   (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS  A,  B,  OR  C
 FELONIES,  A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE DEFENDANT
 IS NECESSARY FOR THE PROTECTION OF THE PUBLIC.
   4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
 PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF THIS SECTION, THAT  BY
 A  PREPONDERANCE  OF  THE  EVIDENCE THE DEFENDANT IS AN ELIGIBLE SERVICE
 MEMBER OR VETERAN, AND IF THE DEFENDANT IS CHARGED WITH A CLASS A, B  OR

 S. 2679                             5
 
 C  FELONY,  AND  THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT
 INSTITUTIONAL CONFINEMENT IS NOT NECESSARY FOR  THE  PROTECTION  OF  THE
 PUBLIC,  AND  IF THE DEFENDANT IS CHARGED WITH A FELONY AND THE DISTRICT
 ATTORNEY  CONSENTS, OR WHEN THE PARTIES AND THE COURT AGREE TO A FINDING
 THAT THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN,  THE  COURT
 MUST:
   (A)  IF  THE  DEFENDANT  IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
 WHICH IS A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT  TO  PARTICIPATE
 IN  THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS
 DESIGNED TO TREAT THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S  POST-TRAU-
 MATIC  STRESS  DISORDER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC
 BRAIN INJURY, OTHER PHYSICAL  INJURY,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
 ADDICTION, OR COMBINATION THEREOF, WITHOUT A PLEA OF GUILTY; OR
   (B)  IF  THE  DEFENDANT  IS  CHARGED WITH ONE OR MORE CLASS A, B, OR C
 FELONY OFFENSES, ALLOW THE DEFENDANT TO PARTICIPATE IN  THE  ALTERNATIVE
 RESOLUTION  PROGRAM  OFFERED BY THIS ARTICLE, WHICH IS DESIGNED TO TREAT
 THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS  DISOR-
 DER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER
 PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
 THEREOF CONDITIONED ON THE DEFENDANT:
   (I) ENTERING A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
   (II) ENTERING A PLEA OF GUILTY TO A LESSER CHARGE AS MAY BE AGREED  BY
 THE PARTIES.
   5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN. (A) THE COURT SHALL
 ISSUE  AN  ORDER  GRANTING  PARTICIPATION  IN THE ALTERNATIVE RESOLUTION
 PROGRAM THAT SETS FORTH: (I) THE TERMS, CONDITIONS, AND  LENGTH  OF  THE
 ELIGIBLE  SERVICE  MEMBER'S  OR VETERAN'S TREATMENT PLAN; (II) THE FINAL
 DISPOSITION OF THE PROCEEDING AS SET FORTH IN SUBDIVISION  SIX  OF  THIS
 SECTION;  AND  (III)  THE DISPOSITION OF THE PROCEEDING IF THE DEFENDANT
 FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE  TREATMENT  PLAN.    AS
 PART OF SUCH PLAN, THE COURT MAY TRANSFER THE CASE TO AN EXISTING VETER-
 AN  OR  OTHER TREATMENT COURT IN THE COUNTY OF JURISDICTION OR ADJOINING
 COUNTY.
   (B) TERMS AND CONDITIONS. IN DETERMINING THE TERMS AND  CONDITIONS  OF
 THE  TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN THE
 ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
 TIONS OF THE DEFENDANT'S HEALTH CARE PROVIDERS, IF  ANY.  THE  TREATMENT
 PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
 ERS,  TO  DEVELOP  A  PLAN FOR ONGOING RECOVERY AFTER DISPOSITION OF THE
 CRIMINAL CASE.
   (C) LENGTH OF TREATMENT PLAN. (I) WHERE THE DEFENDANT IS CHARGED  WITH
 ONE  OR  MORE  OFFENSES, NONE OF WHICH IS A CLASS A, B, OR C FELONY, THE
 TREATMENT PLAN MAY NOT EXTEND BEYOND  TWELVE  MONTHS.  HOWEVER,  UPON  A
 SHOWING  THAT  ADDITIONAL  TREATMENT  IS  NEEDED, AND THE CONSENT OF THE
 DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN FOR UP TO TWELVE  ADDI-
 TIONAL MONTHS.
   (II)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
 FELONY OFFENSES, THE TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  EIGHTEEN
 MONTHS.    HOWEVER,  UPON A SHOWING THAT ADDITIONAL TREATMENT IS NEEDED,
 AND THE CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT  PLAN
 FOR UP TO TWELVE ADDITIONAL MONTHS.
   (D)  THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE BY
 THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION.
   6. FINAL DISPOSITION. (A) DISMISSAL.  NOTWITHSTANDING ANY LAW  TO  THE
 CONTRARY,  IF  THE  DEFENDANT  IS  ALLOWED TO PARTICIPATE IN THE PROGRAM

 S. 2679                             6
 
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION, UPON  THE
 DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
 MENT  PLAN,  AND  SUCCESSFUL COMPLETION THEREOF, THE COURT SHALL DISMISS
 THE  ACCUSATORY INSTRUMENT, EXCEPT FOR FELONIES INVOLVING INTIMATE PART-
 NER VIOLENCE OR DOMESTIC VIOLENCE, WHICH FINAL DISPOSITION MAY  INCLUDE,
 BUT  IS NOT LIMITED TO: (I) A SENTENCE OF PROBATION SUPERVISION; OR (II)
 REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION  SUPER-
 VISION  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 (III) 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 IN ACCORDANCE WITH THE TREATMENT PLAN ORDER, WHICH MAY INCLUDE
 A PERIOD OF PROBATION SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL
 LAW; OR (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA
 AND DISMISSING THE INDICTMENT. IT IS NOT INTENDED THAT CRIMINAL CONTEMPT
 CHARGES FOR VIOLATIONS OF ORDERS OF PROTECTION NOT ALLEGING VIOLENCE, BE
 INCLUDED.
   UPON  DISMISSAL OF THE ACCUSATORY INSTRUMENT, THE COURT SHALL ENTER AN
 ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING  BE  SEALED
 AND  DIRECTING  THE  CLERK  OF THE COURT WHEREIN SUCH CRIMINAL ACTION OR
 PROCEEDING WAS TERMINATED TO IMMEDIATELY NOTIFY THE COMMISSIONER OF  THE
 DIVISION  OF  CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE
 POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES  THAT  THE  ACTION
 HAS  BEEN  TERMINATED  AND  THAT THE RECORD OF SUCH ACTION OR PROCEEDING
 SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION,  THE  AGENCY,  DIVI-
 SION,  OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION 160.50 OF THIS CHAPTER.
   (B) NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  IF  THE  DEFENDANT  IS
 ALLOWED  TO  PARTICIPATE  IN THE PROGRAM PURSUANT TO SUBPARAGRAPH (I) OR
 (II) OF PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS  SECTION,  UPON  THE
 DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
 MENT  PLAN,  AND  SUCCESSFUL COMPLETION THEREOF, THE COURT SHALL, IF THE
 DEFENDANT HAS PLED TO A CLASS A, B, OR C FELONY, PERMIT THE DEFENDANT TO
 WITHDRAW THAT PLEA AND SUBSTITUTE A PLEA TO A CLASS D  FELONY  OR  LOWER
 OFFENSE.  UPON  ENTRY OF THE SUBSTITUTED PLEA, THE FINAL DISPOSITION MAY
 INCLUDE, BUT IS NOT LIMITED TO:   (I) A  SENTENCE  OF  PROBATION  SUPER-
 VISION;  OR  (II) 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 (III) 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  IN ACCORDANCE WITH THE TREATMENT PLAN ORDER,
 WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT TO  SECTION
 65.00  OF  THE PENAL LAW; OR (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS
 OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
   § 2. Subdivision 2 of section 390.30 of the criminal procedure law  is
 amended to read as follows:

 S. 2679                             7
 
   2. Physical and mental examinations. Whenever information is available
 with  respect to the defendant's physical and mental condition, the pre-
 sentence investigation must include the gathering of  such  information,
 INCLUDING  ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FIVE OF SECTION
 217.05  OF THIS CHAPTER.  In the case of a felony or a class A misdemea-
 nor, or in any case where a  person  under  the  age  of  twenty-one  is
 convicted  of  a crime, the court may order that the defendant undergo a
 thorough physical or mental examination in a designated facility and may
 further order that the  defendant  remain  in  such  facility  for  such
 purpose for a period not exceeding thirty days.
   § 3. This act shall take effect immediately.