Bill S1202-2011

Relates to the establishment of a pilot program for courts for the treatment of veterans

Relates to the establishment of a pilot program for courts for the treatment of veterans in the city of Utica and New York city; expires after two years.

Details

Actions

  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Mar 29, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 5, 2011: REFERRED TO JUDICIARY

Meetings

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 29, 2011
Ayes (21): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Zeldin, Hassell-Thompson, Adams, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Stavisky
Ayes W/R (2): Saland, Squadron

Memo

 BILL NUMBER:  S1202

TITLE OF BILL : An act to amend the judiciary law, in relation to the establishment of a pilot program for courts for the treatment of veterans; and providing for the repeal of such provisions upon the expiration thereof

PURPOSE : Establishes a pilot program by which certain City Courts located in the City of New York and the City of Utica shall serve as veteran courts.

SUMMARY OF PROVISIONS : This legislation would create Article s-C of the Judiciary Law entitled the Veterans Courts Pilot Program. Section 178-a establishes courts for veterans Section 178-b sets forth the mechanism by which cases are transferred to veterans courts for the treatment of veterans. Section 178-c establishes the in court procedures for the adjudication of criminal cases upon transfer to veterans courts.

EXISTING LAW : This legislation as implemented will not alter existing law.

JUSTIFICATION : Returning veterans often require services that are inaccessible to them. Suffering from post traumatic stress disorder, depression and various other ailments, veterans all too often find themselves engaged in the criminal justice system. This pilot program would allow courts to use their discretion in order to mandate mental health treatment, drug rehabilitation or participation in other programs that would serve to address the substantive issues which cause some veterans to engage in unlawful conduct.

LEGISLATIVE HISTORY : 2010: S.3172/A.7876 - Judiciary Committee

FISCAL IMPLICATIONS : Minimal for state and local governments.

EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall expire and be deemed repealed 2 years after such effective date.

Text

STATE OF NEW YORK ________________________________________________________________________ 1202 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to the establishment of a pilot program for courts for the treatment of veterans; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The judiciary law is amended by adding a new article 5-C to read as follows: ARTICLE 5-C VETERANS COURTS PILOT PROGRAM SECTION 178-A. ESTABLISHMENT OF COURTS FOR VETERANS; PILOT PROGRAM. 178-B. TRANSFER OF CASES TO COURTS FOR TREATMENT OF VETERANS; HOW EFFECTUATED. 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THERETO. S 178-A. ESTABLISHMENT OF COURTS FOR VETERANS; PILOT PROGRAM. THE CHIEF ADMINISTRATOR OF THE COURTS, BY ADMINISTRATIVE ORDER, IS AUTHOR- IZED AND DIRECTED TO ESTABLISH A COURT FOR VETERANS IN THE CITY COURT OF THE CITY OF UTICA, AND IN THE SUPREME COURTS OF THE CITY OF NEW YORK, AND ASSIGN ONE OR MORE JUSTICES OR JUDGES TO PRESIDE THEREIN. SUCH COURT FOR VETERANS SHALL HAVE AS ITS PURPOSE THE HEARING AND DETERMINATION OF: (A) CRIMINAL CASES THAT ARE COMMENCED IN THE CITY COURT AGAINST A DEFENDANT IDENTIFIED AS A VETERAN; AND (B) CRIMINAL CASES THAT ARE COMMENCED IN OTHER COURTS OF THE COUNTY, AND THAT ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION BY THE VETERANS COURT AND TRANSFERRED TO THE COURT AS PROVIDED IN SECTION ONE HUNDRED SEVENTY-EIGHT-B OF THIS ARTICLE. S 178-B. TRANSFER OF CASES TO COURTS FOR TREATMENT OF VETERANS; HOW EFFECTUATED. (A) TRANSFER OF CASES PENDING IN LOCAL CRIMINAL COURTS.
(1) A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTABLISHED UNDER THIS ARTICLE MAY, UPON MOTION OF THE DEFEND- ANT AND WITH THE CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH LOCAL CRIMINAL COURT IN CONNECTION WITH A CRIMINAL ACTION OR PROCEEDING PENDING THEREIN TO BE SENT TO THE COURT FOR VETERANS: (I) UPON OR AFTER ARRAIGNMENT OF THE DEFENDANT ON A LOCAL CRIMINAL COURT ACCUSATORY INSTRUMENT BY WHICH SUCH ACTION OR PROCEEDING WAS COMMENCED; OR (II) UPON OR AFTER COMMENCEMENT OF A PROCEEDING BROUGHT AGAINST A DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL DISCHARGE. (2) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER DOCUMENTS, THE JUSTICE OR JUDGE PRESIDING IN THE COURT FOR VETERANS SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF THE JUSTICE OR JUDGE PRESIDING IN THE COURT DETERMINES THAT IT WOULD, HE OR SHE MAY ORDER SUCH TRANSFER, IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE TRANSFERRED TO THE COURT FOR VETERANS, ALL ORIGINATING PAPERS SHALL THEN BE SENT FROM THE ORIGINATING COURT TO THE COURT FOR VETERANS, AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE JUSTICE OR JUDGE DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE LOCAL CRIMINAL COURT OR OTHER COURT FROM WHICH THE REFERENCE WAS RECEIVED OF SUCH DETERMINATION, WHEREUPON ALL FURTHER PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW. (B) TRANSFER OF CASES PENDING IN SUPERIOR COURTS. (1) AT ANY TIME WHILE A CRIMINAL ACTION OR PROCEEDING IS PENDING IN A SUPERIOR COURT IN A COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTAB- LISHED, INCLUDING A PROCEEDING BROUGHT AGAINST A DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL DISCHARGE, A JUDGE OR JUSTICE OF THE COURT IN WHICH THE ACTION OR PROCEEDING IS PENDING MAY, UPON MOTION OF THE DEFENDANT AND WITH THE CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH COURT IN CONNECTION WITH THE ACTION OR PROCEEDING TO BE SENT TO THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS FOR REVIEW OF THE APPROPRIATENESS OF THE TRANSFER. (2) NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER DOCUMENTS, THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF SUCH JUDGE OR JUSTICE DETERMINES THAT IT WOULD: (I) HE OR SHE, IF SITTING IN SUPREME COURT, MAY ORDER SUCH TRANSFER, IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSI- TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT TO THE COURT FOR VETERANS, AND ALL FURTHER PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN; OR (II) HE OR SHE, IF SITTING IN COUNTY COURT, SHALL SO NOTIFY THE JUSTICE OF THE COURT WHO CAUSED THE PAPERS AND OTHER DOCUMENTS TO BE SENT TO HIM OR HER, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH TRANSFER, IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSI- TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT FROM THE ORIGINATING COURT TO THE COURT FOR VETERANS, AND ALL FURTHER PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN. IF THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINIS-
TRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE ORIGINATING COURT OF SUCH DETERMINATION, WHEREUPON ALL FURTHER PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW. S 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THER- ETO. EACH ACTION OR PROCEEDING TRANSFERRED FROM A LOCAL CRIMINAL COURT TO A SUPERIOR COURT AND REFERRED FOR DISPOSITION TO A COURT FOR VETERANS THEREOF SHALL BE SUBJECT TO THE SAME SUBSTANTIVE AND PROCEDURAL LAW AS WOULD HAVE APPLIED TO IT HAD IT NOT BEEN TRANSFERRED. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law and shall expire and be deemed repealed 2 years after such effective date.

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