S T A T E O F N E W Y O R K
________________________________________________________________________
5492
2025-2026 Regular Sessions
I N A S S E M B L Y
February 14, 2025
___________
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 THEY:
(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.
LBD03991-01-5
A. 5492 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. 5492 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 THEIR 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 THEIR 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 SUPER-
VISION PURSUANT TO SECTION 65.00 OF THE PENAL LAW; OR
(C) ALLOWING THE DEFENDANT TO WITHDRAW THEIR GUILTY PLEA AND DISMISS-
ING THE INDICTMENT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.