Bill Text: NY A01829 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the judicial diversion program for certain felony offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01829 Detail]
Download: New_York-2019-A01829-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1829 2019-2020 Regular Sessions IN ASSEMBLY January 17, 2019 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for certain felony offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 2 of section 216.00 of the 2 criminal procedure law, as added by section 4 of part AAA of chapter 56 3 of the laws of 2009 is amended, paragraph (d) of such subdivision is 4 relettered paragraph (e), and a new paragraph (d) is added to read as 5 follows: 6 (c) a recommendation as to the treatment modality, level of care and 7 length of any proposed treatment to effectively address the defendant's 8 alcohol or substance abuse or dependence and any co-occurring mental 9 disorder or illness; [and] 10 (d) a complete description of the defendant's criminal history, 11 including sealed cases, such as juvenile delinquency determinations, 12 juvenile offender cases, youthful offender adjudications, and adjourn- 13 ments in contemplation of dismissal, with the defendant's request for an 14 alcohol and substance abuse evaluation being deemed a waiver of all 15 sealing provisions and an authorization for release of all sealed 16 records for purposes of the evaluation and the court's determination of 17 the defendant's application to be offered alcohol or substance abuse 18 treatment pursuant to this article; and 19 § 2. Subparagraphs (ii), (iii), (iv) and (v) of paragraph (b) of 20 subdivision 3 of section 216.05 of the criminal procedure law are renum- 21 bered subparagraphs (iii), (iv), (v) and (vi) and a new subparagraph 22 (ii) is added to read as follows: 23 (ii) despite the defendant being an eligible defendant, the defend- 24 ant's criminal history, including information contained in previously 25 sealed records, indicates that the defendant should not be offered alco- 26 hol or substance abuse treatment pursuant to this article; 27 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01901-01-9