S T A T E O F N E W Y O R K
________________________________________________________________________
781
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PIROZZOLO -- read once and referred to the
Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law and the penal law, in relation to
establishing rehabilitation programs within secure treatment facili-
ties for persistent criminal offenders who have been convicted of ten
or more violent criminal offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "REPEAT
(recidivism eradication and persistent offender accountability) act".
§ 2. Legislative findings and intent. The Legislature finds that New
York State's criminal justice reforms, including bail reform laws, have
created a crime emergency, particularly in the City of New York. These
laws have limited judicial discretion, hindered law enforcement's abili-
ty to protect our citizenry, undermined public safety, and facilitated
repeat offenses by violent felons. Current laws fail to adequately
address the danger posed by persistent violent criminal offenders or
provide sufficient pathways for treatment and rehabilitation. The recent
criminal case of Ramon Rivera which involved multiple stabbings in the
City of New York highlights the urgent need for reform, as legislative
gaps allowed a repeat violent offender to commit further crimes, despite
prior convictions.
This legislation aims to right these wrongs by ensuring treatment for
persistent criminal offenders while promoting comprehensive rehabili-
tation. The Legislature intends to strengthen public safety by amending
the Penal Law to enhance sentencing provisions for persistent violent
criminal offenders and by amending the Mental Hygiene Law to establish
comprehensive treatment and confinement programs for such offenders,
ensuring both their rehabilitation and societal protection. The REPEAT
Act provides an opportunity for rehabilitation while prioritizing public
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01039-01-5
A. 781 2
safety and enforcing consequences for those who continue to endanger
society.
§ 3. The mental hygiene law is amended by adding a new article 11 to
read as follows:
ARTICLE 11
TREATMENT AND CONFINEMENT OF PERSISTENT CRIMINAL OFFENDERS
SECTION 11.01 DEFINITIONS.
11.03 ESTABLISHMENT OF REHABILITATION PROGRAMS WITHIN SECURE
TREATMENT FACILITIES.
11.05 TRANSFER TO SECURE TREATMENT FACILITIES.
11.07 PAROLE AND CONDITIONAL RELEASE REQUIREMENTS.
11.09 ANNUAL REPORTING AND OVERSIGHT.
§ 11.01 DEFINITIONS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "PERSISTENT CRIMINAL OFFENDER" SHALL HAVE THE SAME MEANING AS
DEFINED IN SUBDIVISION ONE OF SECTION 70.10 OF THE PENAL LAW AND SHALL
ALSO INCLUDE PERSONS CONVICTED OF TEN OR MORE SEPARATE VIOLENT CRIMINAL
OFFENSES, EXCLUDING MINOR TRAFFIC VIOLATIONS, WITHIN A TEN-YEAR PERIOD,
INCLUDING INDIVIDUALS DEFINED AS PERSISTENT VIOLENT FELONY OFFENDERS
PURSUANT TO SECTION 70.08 OF THE PENAL LAW.
(B) "REHABILITATION PROGRAM" MEANS A PROGRAM WITHIN A SECURE TREATMENT
FACILITY WHICH PROVIDES TREATMENT AIMED AT ADDRESSING BEHAVIORAL
PATTERNS CONTRIBUTING TO CRIMINAL ACTIVITY, INCLUDING MENTAL HEALTH,
ADDICTION, AND LIFE SKILLS COUNSELING.
(C) "SECURE TREATMENT FACILITY" MEANS A STATE-OPERATED FACILITY
PROVIDING MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT, VOCATIONAL TRAIN-
ING, AND EDUCATIONAL SERVICES WITHIN A SECURE ENVIRONMENT.
§ 11.03 ESTABLISHMENT OF REHABILITATION PROGRAMS WITHIN SECURE TREATMENT
FACILITIES.
(A) A HEARING SHALL BE HELD FOR A PERSISTENT CRIMINAL OFFENDER WHO
POSES A DEMONSTRABLE RISK TO PUBLIC SAFETY OR THEMSELVES, AND WHO HAS
NOT RESPONDED TO TRADITIONAL CRIMINAL SANCTIONS, UPON THEIR TENTH OR
SUBSEQUENT CONVICTION OF A VIOLENT CRIMINAL OFFENSE. SUCH HEARING SHALL
INCLUDE EVIDENCE DEMONSTRATING THE PERSISTENT CRIMINAL OFFENDER'S CRIMI-
NAL PATTERN AND RISK TO PUBLIC SAFETY OR THEMSELVES AND UPON FINDING
SUCH RISK THE COURT SHALL COMMIT SUCH PERSON TO A REHABILITATION PROGRAM
WITHIN A SECURE TREATMENT FACILITY.
(B) REHABILITATION PROGRAMS WITHIN SECURE TREATMENT FACILITIES SHALL
PROVIDE COMPREHENSIVE CARE AND TREATMENT TAILORED TO ADDRESSING CRIMINAL
BEHAVIOR AND UNDERLYING ISSUES, SUCH AS MENTAL ILLNESS OR SUBSTANCE
ABUSE. REHABILITATION PROGRAMS WITHIN SECURE TREATMENT FACILITIES SHALL,
AT A MINIMUM, INCLUDE: COMPREHENSIVE MENTAL HEALTH TREATMENT; SUBSTANCE
ABUSE COUNSELING; EDUCATIONAL AND VOCATIONAL TRAINING; AND COGNITIVE
BEHAVIORAL THERAPY FOCUSED ON REDUCING RECIDIVISM.
(C) RELEASE FROM A REHABILITATION PROGRAM WITHIN A SECURE TREATMENT
FACILITY SHALL BE CONTINGENT ON A FINDING BY THE COURT THAT THE PERSIST-
ENT CRIMINAL OFFENDER HAS SUCCESSFULLY COMPLETED TREATMENT AND NO LONGER
POSES A THREAT TO PUBLIC SAFETY OR THEMSELVES. SUCH PERSISTENT CRIMINAL
OFFENDER SHALL BE SUBJECT TO PAROLE AND CONDITIONAL RELEASE REQUIREMENTS
PURSUANT TO SECTION 11.07 OF THIS ARTICLE.
(D) THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES
AND SUPPORTS, IN COLLABORATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, SHALL ESTABLISH AND OVERSEE REHABILITATION PROGRAMS WITHIN
SECURE TREATMENT FACILITIES FOR PERSISTENT CRIMINAL OFFENDERS. EXISTING
A. 781 3
STATE-OPERATED SECURE TREATMENT FACILITIES MAY BE REPURPOSED TO PROVIDE
REHABILITATION PROGRAMS TO ENSURE COMPLIANCE WITH THIS PROVISION.
(E) A PERSISTENT CRIMINAL OFFENDER WHO COMMITS A CRIMINAL OFFENSE,
EXCLUDING MINOR TRAFFIC VIOLATIONS, AFTER COMPLETION OF A REHABILITATION
PROGRAM SHALL BE RECOMMITTED TO A REHABILITATION PROGRAM WITHIN A SECURE
TREATMENT FACILITY.
§ 11.05 TRANSFER TO SECURE TREATMENT FACILITIES.
PERSISTENT CRIMINAL OFFENDERS NEARING PAROLE ELIGIBILITY SHALL BE
EVALUATED BY A MULTI-AGENCY REVIEW BOARD COMPRISING OF REPRESENTATIVES
FROM THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES TO DETERMINE
WHETHER SUCH PERSISTENT CRIMINAL OFFENDERS SHALL BE ELIGIBLE FOR A REHA-
BILITATION PROGRAM. PERSISTENT CRIMINAL OFFENDERS WHO ARE DEEMED TO BE
ELIGIBLE FOR A REHABILITATION PROGRAM SHALL BE TRANSFERRED TO A SECURE
TREATMENT FACILITY TO SUCCESSFULLY COMPLETE THE REHABILITATION PROGRAM
BEFORE BEING CONSIDERED FOR RELEASE.
§ 11.07 PAROLE AND CONDITIONAL RELEASE REQUIREMENTS.
(A) SUCCESSFUL COMPLETION OF A REHABILITATION PROGRAM SHALL BE A
PREREQUISITE FOR PAROLE ELIGIBILITY FOR PERSISTENT CRIMINAL OFFENDERS.
(B) NONCOMPLIANCE WITH TREATMENT MANDATES SHALL RESULT IN FORFEITURE
OF PAROLE CONSIDERATION, AND THE PERSISTENT CRIMINAL OFFENDER SHALL BE
RETURNED TO INCARCERATION IN A CORRECTIONAL FACILITY.
§ 11.09 ANNUAL REPORTING AND OVERSIGHT.
THE COMMISSIONER SHALL ANNUALLY REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE ON THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ARTICLE. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NUMBER OF PERSISTENT
CRIMINAL OFFENDERS COMMITTED TO REHABILITATION PROGRAMS WITHIN SECURE
TREATMENT FACILITIES; REHABILITATION PROGRAM SUCCESS RATES AND RECIDIV-
ISM DATA; AND RECOMMENDATIONS FOR IMPROVING PERSISTENT CRIMINAL OFFENDER
OUTCOMES AND PUBLIC SAFETY.
§ 4. The penal law is amended by adding a new section 70.12 to read as
follows:
§ 70.12 SENTENCE OF IMPRISONMENT FOR PERSISTENT CRIMINAL OFFENDER;
CRITERIA.
1. DEFINITION OF PERSISTENT CRIMINAL OFFENDER. A PERSISTENT CRIMINAL
OFFENDER IS A PERSON WHO STANDS CONVICTED OF A VIOLENT CRIMINAL OFFENSE
TO INDIVIDUALS AFTER HAVING PREVIOUSLY BEEN CONVICTED OF TEN OR MORE
VIOLENT CRIMINAL OFFENSES.
2. AUTHORIZED SENTENCE. WHEN THE COURT HAS FOUND, PURSUANT TO THE
PROVISIONS OF THE MENTAL HYGIENE LAW AND THE CRIMINAL PROCEDURE LAW,
THAT A PERSON IS A PERSISTENT CRIMINAL OFFENDER WHO POSES A DEMONSTRABLE
RISK TO PUBLIC SAFETY OR THEMSELVES AND SUCH PERSON HAS NOT RESPONDED TO
TRADITIONAL CRIMINAL SANCTIONS, THE COURT SHALL HOLD A HEARING WHERE
EVIDENCE OF THE OFFENDER'S CRIMINAL PATTERN AND RISK TO PUBLIC SAFETY OR
THEMSELVES SHALL BE DEMONSTRATED AND UPON FINDING SUCH RISK THE COURT
SHALL COMMIT SUCH PERSON TO A SECURE REHABILITATIVE PROGRAM UPON SUCH
PERSON'S TENTH OR SUBSEQUENT CONVICTION OF A VIOLENT CRIMINAL OFFENSE.
§ 5. This act shall take effect immediately.