Bill Text: NY S05624 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes an alternative resolution program for service members and veterans accused of certain felonies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-18 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S05624 Detail]
Download: New_York-2013-S05624-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5624--A
2013-2014 Regular Sessions
I N S E N A T E
May 29, 2013
___________
Introduced by Sens. GRIFFO, BALL, GRISANTI, HASSELL-THOMPSON, KRUEGER,
LATIMER, MONTGOMERY, PARKER, RANZENHOFER, TKACZYK, ZELDIN -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
1 Section 1. Title I of the criminal procedure law is amended by adding
2 a new article 217 to read as follows:
3 ARTICLE 217
4 JUSTICE FOR OUR VETERANS ACT
5 SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
6 217.05 DEFINITIONS.
7 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
8 S 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
9 THE LEGISLATURE FINDS THAT AN INCREASING NUMBER OF NEW YORK STATE
10 VETERANS AND SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A RESULT OF
11 THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
12 IC BRAIN INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS OR ILLNESSES.
13 STUDIES HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE DEVASTAT-
14 ING CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF A
15 GROWING NUMBER OF SERVICE MEMBERS, RETURNING VETERANS AND THEIR FAMI-
16 LIES.
17 A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
18 FOUND ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN REPORTED
19 SYMPTOMS OF PTSD OR MAJOR DEPRESSION. RESEARCHERS ALSO FOUND SERIOUS
20 TREATMENT GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL HEALTH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10843-03-4
S. 5624--A 2
1 CONDITIONS SEEKING HELP, AND OF THOSE WHO SOUGHT CARE, ROUGHLY HALF
2 RECEIVED MINIMALLY ADEQUATE TREATMENT. IN NEW YORK STATE, A NEEDS
3 ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
4 THE NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000 VETERANS
5 RETURNING HOME SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF MENTAL HEALTH
6 PROBLEMS. THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK STATE VETERANS
7 HAD A PROBABLE DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION. A FOLLOW UP
8 2011 REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW YORK'S
9 NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
10 RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
11 CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
12 ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
13 THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
14 COME HOME TO A NEW FRONTLINE OF INDIFFERENCE WHEN SUFFERING FROM A
15 MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
16 A CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM. THERE IS NO STATEWIDE
17 MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
18 OF THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR PHYSICAL
19 HEALTH CONDITION THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL ACT. THE
20 MEN AND WOMEN WHO PUT THEIR LIVES ON THE LINE FOR AMERICA'S FREEDOM
21 DESERVE ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE LEGIS-
22 LATURE FINDS THAT OUR LAWS MUST BE STRENGTHENED TO ENSURE UNTREATED
23 SERVICE MEMBERS AND VETERANS WITH MENTAL OR PHYSICAL HEALTH AILMENTS,
24 THE MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND AN
25 ALTERNATIVE RESOLUTION PROCESS IN THE CRIMINAL JUSTICE SYSTEM. THE
26 LEGISLATURE HEREBY DECLARES THAT A JUST AND HUMANITARIAN CRIMINAL
27 JUSTICE PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL EVALUATION
28 AND ANY NEEDED TREATMENT FOR A DIAGNOSED INJURY OR ILLNESS WHICH WILL
29 ASSIST THEM TO SUCCESSFULLY RE-ENTER SOCIETY. IN THE INTERESTS OF
30 JUSTICE, THE LEGISLATURE FURTHER DECLARES THAT COURTS NEED TO CONSIDER
31 IF A VETERAN'S SERVICE-RELATED AILMENT PLAYED A ROLE IN THEIR INFRAC-
32 TION, AND FOR CERTAIN CRIMINAL VIOLATIONS, WHETHER CHARGES SHOULD BE
33 REDUCED OR DISMISSED UPON THE CONCLUSION OF THE VETERAN'S TREATMENT.
34 S 217.05 DEFINITIONS.
35 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
36 1. "VETERAN" MEANS A FORMER MEMBER OF THE UNITED STATES MILITARY,
37 INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE COMPONENTS OF
38 THE ARMED FORCES OF THE UNITED STATES, WHO:
39 (A) SERVED IN A COMBAT THEATRE, ZONE, OR OPERATION; OR
40 (B) EXPERIENCED A TRAUMATIC EVENT DURING MILITARY SERVICE; OR
41 (C) WAS PHYSICALLY OR MENTALLY INJURED DURING MILITARY SERVICE.
42 2. "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
43 TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE COMPO-
44 NENTS OF THE ARMED FORCES OF THE UNITED STATES.
45 3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
46 (A) A SERVICE MEMBER OR VETERAN WHO IS ACCUSED OF ONE OR MORE
47 OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL
48 LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
49 HUNDRED FIFTY-FIVE AND TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
50 OFFENSES DEFINED IN SECTIONS 125.25 (MURDER IN THE SECOND DEGREE),
51 125.26 (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25
52 (KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
53 490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
54 (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
55 DISORDER, OTHER MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY,
56 OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
S. 5624--A 3
1 OR COMBINATION THEREOF, THAT WAS, AT LEAST IN PART, CAUSED BY, EXACER-
2 BATED BY OR RESULTED FROM THE SERVICE MEMBER'S OR VETERAN'S SERVICE IN A
3 COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
4 MENTAL INJURY DURING MILITARY SERVICE; AND
5 (C) A SERVICE MEMBER OR VETERAN WHOSE SPECIFIED ILLNESS, INJURY OR
6 OTHER CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR MORE
7 OF THE CHARGED OFFENSES.
8 4. "VETERAN EVALUATION" MEANS A WRITTEN ASSESSMENT AND REPORT BY A
9 COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFESSIONAL, AS ARTIC-
10 ULATED AND AUTHORIZED BY THEIR SPECIFIC SCOPE OF PRACTICE, EXPERIENCED
11 IN THE TREATMENT OF INDIVIDUALS SUFFERING FROM POST-TRAUMATIC STRESS
12 DISORDER, OTHER MENTAL ILLNESSES OR CONDITIONS, TRAUMATIC BRAIN INJURY,
13 OTHER PHYSICAL OR MENTAL INJURIES, ALCOHOL OR SUBSTANCE ABUSE OR
14 ADDICTION, OR A COMBINATION THEREOF, OR BY AN ENTITY CERTIFIED BY THE
15 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS EXPERIENCED IN THE
16 TREATMENT OF SUCH ILLNESSES, INJURIES, OR CONDITIONS, WHICH SHALL
17 INCLUDE:
18 (A) AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM POST-
19 TRAUMATIC STRESS DISORDER, OTHER MENTAL ILLNESSES OR CONDITIONS, TRAU-
20 MATIC BRAIN INJURY, OTHER PHYSICAL OR MENTAL INJURIES, ALCOHOL OR
21 SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
22 (B) WHETHER THE DEFENDANT'S POST-TRAUMATIC STRESS DISORDER, OTHER
23 MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
24 MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION
25 THEREOF WAS, AT LEAST IN PART, CAUSED BY, EXACERBATED BY OR RESULTED
26 FROM THEIR SERVICE IN A COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMAT-
27 IC EVENT OR A PHYSICAL INJURY DURING MILITARY SERVICE;
28 (C) AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR OTHER
29 CONDITION, IF ANY, MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR
30 MORE OF THE CHARGED OFFENSES;
31 (D) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
32 OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
33 (E) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
34 OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE ALTERNA-
35 TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
36 (F) ANY OTHER INFORMATION, FACTOR, CIRCUMSTANCE, OR RECOMMENDATION
37 DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
38 COURT.
39 S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
40 1. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. NOTWITHSTANDING
41 ANY LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A DEFEND-
42 ANT, BUT PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF
43 TRIAL, THE DEFENDANT CLAIMS TO BE A SERVICE MEMBER OR VETERAN, AS
44 DEFINED IN SECTION 217.05 OF THIS ARTICLE, THE COURT SHALL ORDER THE
45 DEFENDANT TO PROVIDE WRITTEN EVIDENCE THAT THE DEFENDANT IS A SERVICE
46 MEMBER OR VETERAN. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO,
47 RECORDS OF THE UNITED STATES DEPARTMENT OF DEFENSE, THE UNITED STATES
48 DEPARTMENT OF VETERANS AFFAIRS OR A STATE OR LOCAL VETERANS AGENCY
49 DEVOTED TO VETERANS, GUARD MEMBERS OR OTHER RESERVE COMPONENTS OF THE
50 ARMED FORCES OF THE UNITED STATES.
51 2. THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
52 OFFERED BY THE DEFENDANT, SHALL DETERMINE BY A PREPONDERANCE OF THE
53 EVIDENCE WHETHER THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, AS
54 DEFINED IN SECTION 217.05 OF THIS ARTICLE.
55 3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
56 DETERMINES THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE COURT
S. 5624--A 4
1 SHALL ORDER AN EVALUATION OF THE DEFENDANT BY AN ELIGIBLE VETERAN EXAM-
2 INER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 217.05 OF THIS ARTICLE,
3 TO EVALUATE WHETHER THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR
4 VETERAN, AS DEFINED IN SUBDIVISION THREE OF SECTION 217.05 OF THIS ARTI-
5 CLE. FOR THOSE SERVICE MEMBERS OR VETERANS WHOSE OFFENSE EXCLUDED THEM
6 FROM ENTERING THE ALTERNATIVE RESOLUTION PROGRAM, AN EVALUATION SHALL BE
7 CONDUCTED AS DEFINED IN PARAGRAPHS (A), (B), (C), (D) AND (F) OF SUBDI-
8 VISION FOUR OF SECTION 217.05. THE DEFENDANT SHALL PROVIDE A WRITTEN
9 AUTHORIZATION, IN COMPLIANCE WITH THE REQUIREMENTS OF ANY APPLICABLE
10 STATE OR FEDERAL LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE OF
11 THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY, THE PROSECU-
12 TOR, THE COURT, AUTHORIZED COURT PERSONNEL AND OTHER INDIVIDUALS SPECI-
13 FIED IN SUCH AUTHORIZATION FOR THE PURPOSE OF DETERMINING WHETHER THE
14 DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, OR FOR THE PURPOSES
15 OF PROVIDING AN EVALUATION REPORT AS PART OF ANY PRE-SENTENCE INVESTI-
16 GATION AND REPORT PURSUANT TO SECTION 390.30 OF THIS CHAPTER.
17 (B) UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
18 REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
19 TOR.
20 (C) THE COURT SHALL, UPON THE REQUEST OF EITHER PARTY OR WHERE THE
21 EVALUATION INDICATES THAT THE DEFENDANT MAY NOT MEET THE DEFINITION OF
22 AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
23 SECTION 217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF WHETHER
24 THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN. IF THE COURT
25 ORDERS A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO AS
26 TO FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND TO
27 BE AN ELIGIBLE SERVICE MEMBER OR VETERAN. AT THE HEARING, THE COURT MAY
28 CONSIDER ORAL OR WRITTEN ARGUMENTS, TAKE TESTIMONY FROM WITNESSES
29 OFFERED BY EITHER PARTY, AND CONSIDER ANY RELEVANT EVIDENCE INCLUDING,
30 BUT NOT LIMITED TO, EVIDENCE THAT:
31 (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
32 MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
33 MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
34 THEREOF;
35 (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
36 CAUSED BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
37 COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
38 MENTAL INJURY DURING MILITARY SERVICE; AND
39 (III) SUCH ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
40 IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES.
41 (D) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
42 WHETHER:
43 (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
44 MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
45 MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
46 THEREOF;
47 (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
48 CAUSED BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
49 COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL
50 INJURY DURING MILITARY SERVICE;
51 (III) SUCH ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
52 IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSE OR OFFENSES; AND
53 (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
54 FELONIES, A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE DEFENDANT
55 IS NECESSARY FOR THE PROTECTION OF THE PUBLIC.
S. 5624--A 5
1 4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
2 PURSUANT TO PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THAT BY
3 A PREPONDERANCE OF THE EVIDENCE THE DEFENDANT IS AN ELIGIBLE SERVICE
4 MEMBER OR VETERAN, AND THE COURT FINDS BY A PREPONDERANCE OF THE
5 EVIDENCE THAT INSTITUTIONAL CONFINEMENT IS NOT NECESSARY FOR THE
6 PROTECTION OF THE PUBLIC, OR WHEN THE PARTIES AND THE COURT AGREE TO A
7 FINDING THAT THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, THE
8 COURT MUST:
9 (A) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
10 WHICH IS A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT TO PARTICIPATE
11 IN THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS
12 DESIGNED TO TREAT THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAU-
13 MATIC STRESS DISORDER, OTHER MENTAL ILLNESS OR CONDITION, TRAUMATIC
14 BRAIN INJURY, OTHER PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR
15 ADDICTION, OR COMBINATION THEREOF, WITHOUT A PLEA OF GUILTY; OR
16 (B) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
17 FELONY OFFENSES, ALLOW THE DEFENDANT TO PARTICIPATE IN THE ALTERNATIVE
18 RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS DESIGNED TO TREAT
19 THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS DISOR-
20 DER, OTHER MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER
21 PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
22 THEREOF:
23 (I) WITHOUT A PLEA OF GUILTY; OR
24 (II) UPON ENTRY OF A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
25 (III) UPON ENTRY OF A PLEA OF GUILTY TO A LESSER CHARGE.
26 5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN. (A) THE COURT SHALL
27 ISSUE AN ORDER GRANTING PARTICIPATION IN THE ALTERNATIVE RESOLUTION
28 PROGRAM THAT SETS FORTH: (I) THE TERMS, CONDITIONS, AND LENGTH OF THE
29 ELIGIBLE SERVICE MEMBER'S OR VETERAN'S TREATMENT PLAN; (II) THE FINAL
30 DISPOSITION OF THE PROCEEDING AS SET FORTH IN SUBDIVISION SIX OF THIS
31 SECTION; AND (III) THE DISPOSITION OF THE PROCEEDING IF THE DEFENDANT
32 FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE TREATMENT PLAN.
33 (B) TERMS AND CONDITIONS. IN DETERMINING THE TERMS AND CONDITIONS OF
34 THE TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN THE
35 ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
36 TIONS OF THE DEFENDANT'S HEALTH CARE PROVIDERS, IF ANY. THE TREATMENT
37 PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
38 ERS, TO DEVELOP A PLAN FOR ONGOING RECOVERY AFTER DISPOSITION OF THE
39 CRIMINAL CASE.
40 (C) LENGTH OF TREATMENT PLAN. (I) WHERE THE DEFENDANT IS CHARGED WITH
41 ONE OR MORE OFFENSES, NONE OF WHICH IS A CLASS A, B, OR C FELONY, THE
42 TREATMENT PLAN MAY NOT EXTEND BEYOND TWELVE MONTHS. HOWEVER, UPON
43 CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN FOR UP
44 TO TWELVE ADDITIONAL MONTHS.
45 (II) WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
46 FELONY OFFENSES, THE TREATMENT PLAN MAY NOT EXTEND BEYOND EIGHTEEN
47 MONTHS. HOWEVER, UPON CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A
48 TREATMENT PLAN FOR UP TO TWELVE ADDITIONAL MONTHS.
49 (D) THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE BY
50 THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
51 GRAPH (A) OF THIS SUBDIVISION.
52 6. FINAL DISPOSITION. (A) ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
53 NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF THE DEFENDANT IS ALLOWED TO
54 PARTICIPATE IN THE PROGRAM PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
55 UPON THE DEFENDANT'S WRITTEN AGREEMENT TO ABIDE BY THE TERMS AND CONDI-
S. 5624--A 6
1 TIONS OF THE TREATMENT PLAN, THE COURT SHALL GRANT AN ADJOURNMENT IN
2 CONTEMPLATION OF DISMISSAL.
3 (I) IF THE CASE IS NOT RESTORED TO THE CALENDAR DURING THE TIME PERIOD
4 OF THE TREATMENT PLAN, THE ACCUSATORY INSTRUMENT IS, AT THE EXPIRATION
5 OF SUCH TERM, DEEMED TO HAVE BEEN DISMISSED IN THE FURTHERANCE OF
6 JUSTICE.
7 (II) UPON DISMISSAL OF THE ACCUSATORY INSTRUMENT, THE COURT SHALL
8 ENTER AN ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING BE
9 SEALED AND DIRECTING THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL ACTION
10 OR PROCEEDING WAS TERMINATED TO IMMEDIATELY NOTIFY THE COMMISSIONER OF
11 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRI-
12 ATE POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES THAT THE
13 ACTION HAS BEEN TERMINATED AND THAT THE RECORD OF SUCH ACTION OR
14 PROCEEDING SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION, THE AGEN-
15 CY, DIVISION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVI-
16 SION ONE OF SECTION 160.50 OF THIS CHAPTER.
17 (B) FOR ALL OTHER DEFENDANTS, UPON SATISFACTION OF THE TERMS AND
18 CONDITIONS OF THE TREATMENT PLAN, THE FINAL DISPOSITION MAY INCLUDE, BUT
19 IS NOT LIMITED TO: (I) REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF
20 INTERIM PROBATION SUPERVISION AND, UPON THE DEFENDANT'S SUCCESSFUL
21 COMPLETION OF THE INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING
22 THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS
23 OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT; OR (II) REQUIRING THE
24 DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON
25 SUCCESSFUL COMPLETION OF THE INTERIM PROBATION SUPERVISION TERM,
26 NOTWITHSTANDING THE PROVISION OF ANY OTHER LAW, PERMITTING THE DEFENDANT
27 TO WITHDRAW HIS OR HER GUILTY PLEA, ENTER A GUILTY PLEA TO A MISDEMEANOR
28 OFFENSE AND SENTENCING THE DEFENDANT IN ACCORDANCE WITH THE TREATMENT
29 PLAN ORDER, WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT
30 TO SECTION 65.00 OF THE PENAL LAW; OR (III) ALLOWING THE DEFENDANT TO
31 WITHDRAW HIS OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
32 S 2. Subdivision 2 of section 390.30 of the criminal procedure law is
33 amended to read as follows:
34 2. Physical and mental examinations. Whenever information is available
35 with respect to the defendant's physical and mental condition, the pre-
36 sentence investigation must include the gathering of such information,
37 INCLUDING ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FOUR OF SECTION
38 217.05 OF THIS CHAPTER. In the case of a felony or a class A misdemea-
39 nor, or in any case where a person under the age of twenty-one is
40 convicted of a crime, the court may order that the defendant undergo a
41 thorough physical or mental examination in a designated facility and may
42 further order that the defendant remain in such facility for such
43 purpose for a period not exceeding thirty days.
44 S 3. This act shall take effect immediately.
