S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3914

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:

  Section  1. Title I of the criminal procedure law is amended by adding
a new article 217 to read as follows:
                                ARTICLE 217
                      JUSTICE FOR OUR VETERANS ACT
SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
        217.05 DEFINITIONS.
        217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
S 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
  THE LEGISLATURE FINDS THAT AN INCREASING  NUMBER  OF  NEW  YORK  STATE
VETERANS  AND  SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A RESULT OF
THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
IC BRAIN INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS  OR  ILLNESSES.
STUDIES  HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE DEVASTAT-
ING CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF  A
GROWING  NUMBER  OF  SERVICE MEMBERS, RETURNING VETERANS AND THEIR FAMI-
LIES.
  A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
FOUND ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN  REPORTED
SYMPTOMS  OF  PTSD  OR  MAJOR DEPRESSION. RESEARCHERS ALSO FOUND SERIOUS
TREATMENT GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL  HEALTH
CONDITIONS  SEEKING  HELP,  AND  OF  THOSE WHO SOUGHT CARE, ROUGHLY HALF
RECEIVED MINIMALLY ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE,  A  NEEDS
ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
THE  NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000 VETERANS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03451-01-5
              

S. 3914                             2

RETURNING HOME SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF  MENTAL  HEALTH
PROBLEMS.    THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK STATE VETERANS
HAD A PROBABLE DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION.  A  FOLLOW  UP
2011  REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW YORK'S
NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
  THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
COME HOME TO A NEW FRONTLINE  OF  INDIFFERENCE  WHEN  SUFFERING  FROM  A
MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
A  CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO STATEWIDE
MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
OF THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR  PHYSICAL
HEALTH  CONDITION  THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL ACT. THE
MEN AND WOMEN WHO PUT THEIR LIVES ON  THE  LINE  FOR  AMERICA'S  FREEDOM
DESERVE  ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE LEGIS-
LATURE FINDS THAT OUR LAWS MUST  BE  STRENGTHENED  TO  ENSURE  UNTREATED
SERVICE  MEMBERS  AND  VETERANS WITH MENTAL OR PHYSICAL HEALTH AILMENTS,
THE MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND  AN
ALTERNATIVE  RESOLUTION  PROCESS  IN  THE  CRIMINAL  JUSTICE SYSTEM. THE
LEGISLATURE HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN  CRIMINAL
JUSTICE  PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL EVALUATION
AND ANY NEEDED TREATMENT FOR A DIAGNOSED INJURY OR  ILLNESS  WHICH  WILL
ASSIST  THEM  TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE INTERESTS OF
JUSTICE, THE LEGISLATURE FURTHER DECLARES THAT COURTS NEED  TO  CONSIDER
IF  A  VETERAN'S  SERVICE-RELATED AILMENT PLAYED A ROLE IN THEIR INFRAC-
TION, AND FOR CERTAIN CRIMINAL VIOLATIONS,  WHETHER  CHARGES  SHOULD  BE
REDUCED OR DISMISSED UPON THE CONCLUSION OF THE VETERAN'S TREATMENT.
S 217.05 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "VETERAN"  MEANS  A  FORMER  MEMBER OF THE UNITED STATES MILITARY,
INCLUDING SERVICE IN THE NATIONAL GUARD OR OTHER RESERVE  COMPONENTS  OF
THE ARMED FORCES OF THE UNITED STATES, WHO:
  (A) SERVED IN A COMBAT THEATRE, ZONE, OR OPERATION; OR
  (B) EXPERIENCED A TRAUMATIC EVENT DURING MILITARY SERVICE; OR
  (C) WAS PHYSICALLY OR MENTALLY INJURED DURING MILITARY SERVICE.
  2.  "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR  OTHER  RESERVE  COMPO-
NENTS OF THE ARMED FORCES OF THE UNITED STATES.
  3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
  (A)  A  SERVICE  MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF ONE OR MORE
OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
HUNDRED  FIFTY-FIVE  AND  TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
OFFENSES DEFINED IN SECTIONS  125.25  (MURDER  IN  THE  SECOND  DEGREE),
125.26  (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25
(KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
490.25 (CRIME OF TERRORISM) OF THE PENAL LAW;
  (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
DISORDER, OTHER MENTAL ILLNESS OR  CONDITION,  TRAUMATIC  BRAIN  INJURY,
OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
OR  COMBINATION  THEREOF, THAT WAS, AT LEAST IN PART, CAUSED BY, EXACER-
BATED BY OR RESULTED FROM THE SERVICE MEMBER'S OR VETERAN'S SERVICE IN A
COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
MENTAL INJURY DURING MILITARY SERVICE; AND

S. 3914                             3

  (C) A SERVICE MEMBER OR VETERAN WHOSE  SPECIFIED  ILLNESS,  INJURY  OR
OTHER  CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR MORE
OF THE CHARGED OFFENSES.
  4.  "VETERAN  EVALUATION"  MEANS  A WRITTEN ASSESSMENT AND REPORT BY A
COURT-APPROVED ENTITY OR LICENSED HEALTH CARE  PROFESSIONAL,  AS  ARTIC-
ULATED  AND  AUTHORIZED BY THEIR SPECIFIC SCOPE OF PRACTICE, EXPERIENCED
IN THE TREATMENT OF INDIVIDUALS  SUFFERING  FROM  POST-TRAUMATIC  STRESS
DISORDER,  OTHER MENTAL ILLNESSES OR CONDITIONS, TRAUMATIC BRAIN INJURY,
OTHER PHYSICAL  OR  MENTAL  INJURIES,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
ADDICTION,  OR  A  COMBINATION THEREOF, OR BY AN ENTITY CERTIFIED BY THE
UNITED STATES DEPARTMENT OF  VETERANS  AFFAIRS  AS  EXPERIENCED  IN  THE
TREATMENT  OF  SUCH  ILLNESSES,  INJURIES,  OR  CONDITIONS,  WHICH SHALL
INCLUDE:
  (A) AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM  POST-
TRAUMATIC  STRESS  DISORDER, OTHER MENTAL ILLNESSES OR CONDITIONS, TRAU-
MATIC BRAIN INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES,  ALCOHOL  OR
SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
  (B)  WHETHER  THE  DEFENDANT'S  POST-TRAUMATIC  STRESS DISORDER, OTHER
MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
MENTAL  INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION
THEREOF WAS, AT LEAST IN PART, CAUSED BY,  EXACERBATED  BY  OR  RESULTED
FROM THEIR SERVICE IN A COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMAT-
IC EVENT OR A PHYSICAL INJURY DURING MILITARY SERVICE;
  (C)  AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR OTHER
CONDITION, IF ANY, MAY HAVE PLAYED A ROLE IN THE COMMISSION  OF  ONE  OR
MORE OF THE CHARGED OFFENSES;
  (D)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
  (E) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY  OR
OTHER  CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE ALTERNA-
TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
  (F) ANY OTHER INFORMATION,  FACTOR,  CIRCUMSTANCE,  OR  RECOMMENDATION
DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
COURT.
S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
  1.  DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. NOTWITHSTANDING
ANY LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A  DEFEND-
ANT,  BUT  PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF
TRIAL, THE DEFENDANT CLAIMS TO  BE  A  SERVICE  MEMBER  OR  VETERAN,  AS
DEFINED  IN  SECTION  217.05  OF THIS ARTICLE, THE COURT SHALL ORDER THE
DEFENDANT TO PROVIDE WRITTEN EVIDENCE THAT THE DEFENDANT  IS  A  SERVICE
MEMBER  OR  VETERAN.  SUCH  EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO,
RECORDS OF THE UNITED STATES DEPARTMENT OF DEFENSE,  THE  UNITED  STATES
DEPARTMENT  OF  VETERANS  AFFAIRS  OR  A  STATE OR LOCAL VETERANS AGENCY
DEVOTED TO VETERANS, GUARD MEMBERS OR OTHER RESERVE  COMPONENTS  OF  THE
ARMED FORCES OF THE UNITED STATES.
  2.  THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
OFFERED BY THE DEFENDANT, SHALL DETERMINE  BY  A  PREPONDERANCE  OF  THE
EVIDENCE  WHETHER  THE  DEFENDANT  IS  A  SERVICE  MEMBER OR VETERAN, AS
DEFINED IN SECTION 217.05 OF THIS ARTICLE.
  3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
DETERMINES THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE  COURT
SHALL  ORDER AN EVALUATION OF THE DEFENDANT BY AN ELIGIBLE VETERAN EXAM-
INER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 217.05 OF THIS  ARTICLE,
TO  EVALUATE  WHETHER  THE  DEFENDANT  IS  AN ELIGIBLE SERVICE MEMBER OR
VETERAN, AS DEFINED IN SUBDIVISION THREE OF SECTION 217.05 OF THIS ARTI-

S. 3914                             4

CLE. FOR THOSE SERVICE MEMBERS OR VETERANS WHOSE OFFENSE  EXCLUDED  THEM
FROM ENTERING THE ALTERNATIVE RESOLUTION PROGRAM, AN EVALUATION SHALL BE
CONDUCTED  AS DEFINED IN PARAGRAPHS (A), (B), (C), (D) AND (F) OF SUBDI-
VISION  FOUR  OF  SECTION  217.05. THE DEFENDANT SHALL PROVIDE A WRITTEN
AUTHORIZATION, IN COMPLIANCE WITH THE  REQUIREMENTS  OF  ANY  APPLICABLE
STATE  OR  FEDERAL  LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE OF
THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY, THE  PROSECU-
TOR,  THE COURT, AUTHORIZED COURT PERSONNEL AND OTHER INDIVIDUALS SPECI-
FIED IN SUCH AUTHORIZATION FOR THE PURPOSE OF  DETERMINING  WHETHER  THE
DEFENDANT  IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, OR FOR THE PURPOSES
OF PROVIDING AN EVALUATION REPORT AS PART OF ANY  PRE-SENTENCE  INVESTI-
GATION AND REPORT PURSUANT TO SECTION 390.30 OF THIS CHAPTER.
  (B)  UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION
REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
TOR.
  (C) THE COURT SHALL, UPON THE REQUEST OF EITHER  PARTY  OR  WHERE  THE
EVALUATION  INDICATES  THAT THE DEFENDANT MAY NOT MEET THE DEFINITION OF
AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION 217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF  WHETHER
THE  DEFENDANT  IS  AN  ELIGIBLE SERVICE MEMBER OR VETERAN. IF THE COURT
ORDERS A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO  AS
TO  FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND TO
BE AN ELIGIBLE SERVICE MEMBER OR VETERAN. AT THE HEARING, THE COURT  MAY
CONSIDER  ORAL  OR  WRITTEN  ARGUMENTS,  TAKE  TESTIMONY  FROM WITNESSES
OFFERED BY EITHER PARTY, AND CONSIDER ANY RELEVANT  EVIDENCE  INCLUDING,
BUT NOT LIMITED TO, EVIDENCE THAT:
  (I)  THE  DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
MENTAL  INJURY,  ALCOHOL  OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
THEREOF;
  (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT  LEAST  IN  PART,
CAUSED  BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT OR A PHYSICAL OR
MENTAL INJURY DURING MILITARY SERVICE; AND
  (III) SUCH ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED  A  ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES.
  (D) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
WHETHER:
  (I)  THE  DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS DISORDER, OTHER
MENTAL ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER  PHYSICAL  OR
MENTAL  INJURY,  ALCOHOL  OR SUBSTANCE ABUSE OR ADDICTION OR COMBINATION
THEREOF;
  (II) SUCH ILLNESS, INJURY OR OTHER CONDITION WAS, AT  LEAST  IN  PART,
CAUSED  BY, EXACERBATED BY OR RESULTED FROM THE DEFENDANT'S SERVICE IN A
COMBAT THEATRE, ZONE OR OPERATION, OR A TRAUMATIC EVENT  OR  A  PHYSICAL
INJURY DURING MILITARY SERVICE;
  (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSE OR OFFENSES; AND
  (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS  A,  B,  OR  C
FELONIES,  A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE DEFENDANT
IS NECESSARY FOR THE PROTECTION OF THE PUBLIC.
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THAT  BY
A  PREPONDERANCE  OF  THE  EVIDENCE THE DEFENDANT IS AN ELIGIBLE SERVICE
MEMBER OR VETERAN, AND  THE  COURT  FINDS  BY  A  PREPONDERANCE  OF  THE
EVIDENCE  THAT  INSTITUTIONAL  CONFINEMENT  IS  NOT  NECESSARY  FOR  THE

S. 3914                             5

PROTECTION OF THE PUBLIC, OR WHEN THE PARTIES AND THE COURT AGREE  TO  A
FINDING THAT THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, THE
COURT MUST:
  (A)  IF  THE  DEFENDANT  IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
WHICH IS A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT  TO  PARTICIPATE
IN  THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS
DESIGNED TO TREAT THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S  POST-TRAU-
MATIC  STRESS  DISORDER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC
BRAIN INJURY, OTHER PHYSICAL  INJURY,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
ADDICTION, OR COMBINATION THEREOF, WITHOUT A PLEA OF GUILTY; OR
  (B)  IF  THE  DEFENDANT  IS  CHARGED WITH ONE OR MORE CLASS A, B, OR C
FELONY OFFENSES, ALLOW THE DEFENDANT TO PARTICIPATE IN  THE  ALTERNATIVE
RESOLUTION  PROGRAM  OFFERED BY THIS ARTICLE, WHICH IS DESIGNED TO TREAT
THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS  DISOR-
DER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER
PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
THEREOF:
  (I) WITHOUT A PLEA OF GUILTY; OR
  (II) UPON ENTRY OF A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
  (III) UPON ENTRY OF A PLEA OF GUILTY TO A LESSER CHARGE.
  5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN. (A) THE COURT SHALL
ISSUE AN ORDER GRANTING  PARTICIPATION  IN  THE  ALTERNATIVE  RESOLUTION
PROGRAM  THAT  SETS  FORTH: (I) THE TERMS, CONDITIONS, AND LENGTH OF THE
ELIGIBLE SERVICE MEMBER'S OR VETERAN'S TREATMENT PLAN;  (II)  THE  FINAL
DISPOSITION  OF  THE  PROCEEDING AS SET FORTH IN SUBDIVISION SIX OF THIS
SECTION; AND (III) THE DISPOSITION OF THE PROCEEDING  IF  THE  DEFENDANT
FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE TREATMENT PLAN.
  (B)  TERMS  AND CONDITIONS. IN DETERMINING THE TERMS AND CONDITIONS OF
THE TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN  THE
ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
TIONS  OF  THE  DEFENDANT'S HEALTH CARE PROVIDERS, IF ANY. THE TREATMENT
PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
ERS, TO DEVELOP A PLAN FOR ONGOING RECOVERY  AFTER  DISPOSITION  OF  THE
CRIMINAL CASE.
  (C)  LENGTH OF TREATMENT PLAN. (I) WHERE THE DEFENDANT IS CHARGED WITH
ONE OR MORE OFFENSES, NONE OF WHICH IS A CLASS A, B, OR  C  FELONY,  THE
TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  TWELVE  MONTHS. HOWEVER, UPON
CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN  FOR  UP
TO TWELVE ADDITIONAL MONTHS.
  (II)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
FELONY OFFENSES, THE TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  EIGHTEEN
MONTHS.   HOWEVER, UPON CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A
TREATMENT PLAN FOR UP TO TWELVE ADDITIONAL MONTHS.
  (D) THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE  BY
THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
  6.  FINAL  DISPOSITION. (A) ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF THE DEFENDANT IS ALLOWED  TO
PARTICIPATE IN THE PROGRAM PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
UPON  THE DEFENDANT'S WRITTEN AGREEMENT TO ABIDE BY THE TERMS AND CONDI-
TIONS OF THE TREATMENT PLAN, THE COURT SHALL  GRANT  AN  ADJOURNMENT  IN
CONTEMPLATION OF DISMISSAL.
  (I) IF THE CASE IS NOT RESTORED TO THE CALENDAR DURING THE TIME PERIOD
OF  THE  TREATMENT PLAN, THE ACCUSATORY INSTRUMENT IS, AT THE EXPIRATION
OF SUCH TERM, DEEMED TO  HAVE  BEEN  DISMISSED  IN  THE  FURTHERANCE  OF
JUSTICE.

S. 3914                             6

  (II)  UPON  DISMISSAL  OF  THE  ACCUSATORY INSTRUMENT, THE COURT SHALL
ENTER AN ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING BE
SEALED AND DIRECTING THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL ACTION
OR PROCEEDING WAS TERMINATED TO IMMEDIATELY NOTIFY THE  COMMISSIONER  OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRI-
ATE  POLICE  DEPARTMENTS  AND  OTHER  LAW  ENFORCEMENT AGENCIES THAT THE
ACTION HAS BEEN TERMINATED  AND  THAT  THE  RECORD  OF  SUCH  ACTION  OR
PROCEEDING SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION, THE AGEN-
CY, DIVISION, OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVI-
SION ONE OF SECTION 160.50 OF THIS CHAPTER.
  (B)  FOR  ALL  OTHER  DEFENDANTS,  UPON  SATISFACTION OF THE TERMS AND
CONDITIONS OF THE TREATMENT PLAN, THE FINAL DISPOSITION MAY INCLUDE, BUT
IS NOT LIMITED TO:  (I) 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 HIS
OR  HER GUILTY PLEA AND DISMISSING THE INDICTMENT; OR (II) 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 HIS OR HER GUILTY PLEA, ENTER A GUILTY PLEA TO A MISDEMEANOR
OFFENSE  AND  SENTENCING  THE DEFENDANT IN ACCORDANCE WITH THE TREATMENT
PLAN ORDER, WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT
TO SECTION 65.00 OF THE PENAL LAW; OR (III) ALLOWING  THE  DEFENDANT  TO
WITHDRAW HIS OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
  S  2. Subdivision 2 of section 390.30 of the criminal procedure law is
amended to read as follows:
  2. Physical and mental examinations. Whenever information is available
with respect to the defendant's physical and mental condition, the  pre-
sentence  investigation  must include the gathering of such information,
INCLUDING ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FOUR OF  SECTION
217.05  OF THIS CHAPTER.  In the case of a felony or a class A misdemea-
nor, or in any case where a  person  under  the  age  of  twenty-one  is
convicted  of  a crime, the court may order that the defendant undergo a
thorough physical or mental examination in a designated facility and may
further order that the  defendant  remain  in  such  facility  for  such
purpose for a period not exceeding thirty days.
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3914--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sens.  GRIFFO,  ADDABBO, CROCI, FUNKE, GALLIVAN, MURPHY,
  ORTT, RANZENHOFER -- read twice and ordered printed, and when  printed
  to  be  committed  to  the Committee on Codes -- 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:

  Section 1. Title I of the criminal procedure law is amended by  adding
a new article 217 to read as follows:
                                ARTICLE 217
                      JUSTICE FOR OUR VETERANS ACT
SECTION 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
        217.05 DEFINITIONS.
        217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
S 217.00 LEGISLATIVE FINDINGS AND DECLARATIONS.
  THE  LEGISLATURE  FINDS  THAT  AN  INCREASING NUMBER OF NEW YORK STATE
VETERANS AND SERVICE MEMBERS SUFFER FROM SERIOUS TRAUMA AS A  RESULT  OF
THEIR MILITARY SERVICE, SUCH AS POST-TRAUMATIC STRESS DISORDER, TRAUMAT-
IC  BRAIN  INJURY AND OTHER MENTAL OR PHYSICAL IMPAIRMENTS OR ILLNESSES.
STUDIES HAVE FOUND THAT MANY ARE NOT RECEIVING TREATMENT. THE  DEVASTAT-
ING  CONSEQUENCES OF WAR ARE HARMING THE MENTAL AND PHYSICAL HEALTH OF A
GROWING NUMBER OF SERVICE MEMBERS, RETURNING VETERANS  AND  THEIR  FAMI-
LIES.
  A NATIONAL STUDY, INVISIBLE WOUNDS OF WAR, BY RAND CORPORATION IN 2008
FOUND  ONE IN FIVE VETERANS RETURNING FROM IRAQ AND AFGHANISTAN REPORTED
SYMPTOMS OF PTSD OR MAJOR DEPRESSION.  RESEARCHERS  ALSO  FOUND  SERIOUS
TREATMENT  GAPS WITH ONLY 53% OF VETERANS WITH SYMPTOMS OF MENTAL HEALTH
CONDITIONS SEEKING HELP, AND OF THOSE  WHO  SOUGHT  CARE,  ROUGHLY  HALF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03451-04-5
              

S. 3914--A                          2

RECEIVED  MINIMALLY  ADEQUATE  TREATMENT.  IN  NEW  YORK  STATE, A NEEDS
ASSESSMENT OF NEW YORK STATE VETERANS 2011 STUDY BY RAND CORPORATION AND
THE NEW YORK STATE HEALTH FOUNDATION FOUND AN ESTIMATED 85,000  VETERANS
RETURNING  HOME  SINCE 2001 HAVE AN UNUSUALLY HIGH RATE OF MENTAL HEALTH
PROBLEMS.  THIS STUDY FOUND NEARLY ONE IN FOUR NEW YORK  STATE  VETERANS
HAD  A  PROBABLE  DIAGNOSIS OF PTSD AND/OR MAJOR DEPRESSION. A FOLLOW UP
2011 REPORT BY THE IRAQ AND AFGHANISTAN VETERANS OF AMERICA, NEW  YORK'S
NEWEST VETERANS: KEY FINDINGS AND POLICY IMPLICATIONS OF THE RAND CORPO-
RATION'S NEEDS ASSESSMENT OF NEW YORK STATE VETERANS RECOMMENDED A POLI-
CY "TO SUCCESSFULLY EXECUTE AN ALTERNATIVE SENTENCING PROGRAM FOR VETER-
ANS WHOSE CRIMES STEM FROM SERVICE-RELATED INJURIES."
  THE MEN AND WOMEN WHO SERVED AND SACRIFICED FOR OUR COUNTRY FREQUENTLY
COME  HOME  TO  A  NEW  FRONTLINE  OF INDIFFERENCE WHEN SUFFERING FROM A
MENTAL OR PHYSICAL ILLNESS OR INJURY. UNTREATED VETERANS WHO THEN COMMIT
A CRIME ARE LOST IN THE CRIMINAL JUSTICE SYSTEM.  THERE IS NO  STATEWIDE
MECHANISM TO IDENTIFY VETERANS, AND MANY ARE SENTENCED BY COURTS UNAWARE
OF  THEIR STATUS, LET ALONE IF THEY HAVE AN UNTREATED MENTAL OR PHYSICAL
HEALTH CONDITION THAT CAUSED OR CONTRIBUTED TO THEIR CRIMINAL  ACT.  THE
MEN  AND  WOMEN  WHO  PUT  THEIR LIVES ON THE LINE FOR AMERICA'S FREEDOM
DESERVE ANY NEEDED SUPPORT UPON RETURNING HOME. ACCORDINGLY, THE  LEGIS-
LATURE  FINDS  THAT  OUR  LAWS  MUST BE STRENGTHENED TO ENSURE UNTREATED
SERVICE MEMBERS AND VETERANS WITH MENTAL OR  PHYSICAL  HEALTH  AILMENTS,
THE  MOST VULNERABLE OF OUR RETURNING WARRIORS, RECEIVE TREATMENT AND AN
ALTERNATIVE RESOLUTION PROCESS  IN  THE  CRIMINAL  JUSTICE  SYSTEM.  THE
LEGISLATURE  HEREBY  DECLARES  THAT  A  JUST  AND  HUMANITARIAN CRIMINAL
JUSTICE PROCESS IS NEEDED TO PROVIDE VETERANS WITH A MEDICAL  EVALUATION
AND  ANY  NEEDED  TREATMENT FOR A DIAGNOSED INJURY OR ILLNESS WHICH WILL
ASSIST THEM TO  SUCCESSFULLY  RE-ENTER  SOCIETY.  IN  THE  INTERESTS  OF
JUSTICE,  THE  LEGISLATURE FURTHER DECLARES THAT COURTS NEED TO CONSIDER
IF A VETERAN'S SERVICE-RELATED AILMENT PLAYED  A  ROLE  IN  HIS  OR  HER
OFFENSE,  AND  WHETHER  CHARGES  SHOULD BE REDUCED OR DISMISSED UPON THE
CONCLUSION OF THE VETERAN'S TREATMENT.
S 217.05 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. (A) "VETERAN" MEANS A FORMER MEMBER OF THE UNITED STATES  MILITARY,
INCLUDING  SERVICE  IN THE NATIONAL GUARD OR OTHER RESERVE COMPONENTS OF
THE ARMED FORCES OF THE UNITED STATES.
  (B) "SERVICE MEMBER" MEANS A CURRENT MEMBER OF THE UNITED STATES MILI-
TARY, INCLUDING SERVICE IN THE NATIONAL GUARD OR  OTHER  RESERVE  COMPO-
NENTS OF THE ARMED FORCES OF THE UNITED STATES.
  2.  "MILITARY SERVICE" MEANS THE PERFORMANCE OF ANY DUTY IN THE UNITED
STATES MILITARY, INCLUDING  SERVICE  IN  THE  NATIONAL  GUARD  OR  OTHER
RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES.
  3. "ELIGIBLE SERVICE MEMBER OR VETERAN" MEANS:
  (A)  A  SERVICE  MEMBER  OR  VETERAN  WHO  IS  ACCUSED  OF ONE OR MORE
OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
LAW, EXCEPT FOR SEX OFFENSES DEFINED IN ARTICLES ONE HUNDRED THIRTY, TWO
HUNDRED  FIFTY-FIVE  AND  TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW, AND
OFFENSES DEFINED IN SECTIONS  125.25  (MURDER  IN  THE  SECOND  DEGREE),
125.26  (AGGRAVATED MURDER), 125.27 (MURDER IN THE FIRST DEGREE), 135.25
(KIDNAPPING IN THE FIRST DEGREE), 150.20 (ARSON IN THE FIRST DEGREE) AND
490.25 (CRIME OF TERRORISM) OF THE PENAL LAW  AND  EXCEPT  FOR  OFFENSES
DEFINED  IN  SECTION  135.20  (KIDNAPPING),  SECTION  120.11 (AGGRAVATED
ASSAULT UPON A POLICE OFFICER OR PEACE OFFICER), SECTION 215.17  (INTIM-
IDATING  A VICTIM OR WITNESS), 490.40 (CRIMINAL POSSESSION OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON) AND SECTION 490.47 (CRIMINAL USE OF A CHEM-

S. 3914--A                          3

ICAL WEAPON OR BIOLOGICAL WEAPON), WHICH  REQUIRE  THE  CONSENT  OF  THE
DISTRICT ATTORNEY;
  (B) A SERVICE MEMBER OR VETERAN WHO SUFFERS FROM POST-TRAUMATIC STRESS
DISORDER,  OTHER  MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY,
OTHER PHYSICAL OR MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION
OR COMBINATION THEREOF, THAT WAS, AT LEAST IN PART, CAUSED  BY,  EXACER-
BATED  BY  OR  RESULTED  FROM THE SERVICE MEMBER'S OR VETERAN'S MILITARY
SERVICE; AND
  (C) A SERVICE MEMBER OR VETERAN WHOSE  SPECIFIED  ILLNESS,  INJURY  OR
OTHER  CONDITION MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR MORE
OF THE CHARGED OFFENSES.
  4. "VETERAN OR SERVICE MEMBER EVALUATION" MEANS A  WRITTEN  ASSESSMENT
AND  REPORT  BY  A COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFES-
SIONAL, AS ARTICULATED AND AUTHORIZED BY THEIR SPECIFIC SCOPE  OF  PRAC-
TICE,  EXPERIENCED  IN  THE  TREATMENT  OF  INDIVIDUALS  SUFFERING  FROM
POST-TRAUMATIC STRESS DISORDER, OTHER MENTAL  ILLNESSES  OR  CONDITIONS,
TRAUMATIC  BRAIN  INJURY,  OTHER PHYSICAL OR MENTAL INJURIES, ALCOHOL OR
SUBSTANCE ABUSE OR ADDICTION, OR A COMBINATION THEREOF, OR BY AN  ENTITY
CERTIFIED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS EXPERI-
ENCED IN THE TREATMENT OF SUCH ILLNESSES, INJURIES, OR CONDITIONS, WHICH
SHALL INCLUDE:
  (A)  AN ASSESSMENT AS TO WHETHER THE DEFENDANT IS SUFFERING FROM POST-
TRAUMATIC STRESS DISORDER, OTHER MENTAL ILLNESSES OR  CONDITIONS,  TRAU-
MATIC  BRAIN  INJURY,  OTHER  PHYSICAL  OR  MENTAL  INJURIES, ALCOHOL OR
SUBSTANCE ABUSE OR ADDICTION OR A COMBINATION THEREOF;
  (B) WHETHER THE  DEFENDANT'S  POST-TRAUMATIC  STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION OR A  COMBINATION
THEREOF  WAS,  AT  LEAST  IN PART, CAUSED BY, EXACERBATED BY OR RESULTED
FROM HIS OR HER MILITARY SERVICE;
  (C) AN ASSESSMENT OF WHETHER THE DEFENDANT'S ILLNESS, INJURY OR  OTHER
CONDITION,  IF  ANY,  MAY HAVE PLAYED A ROLE IN THE COMMISSION OF ONE OR
MORE OF THE CHARGED OFFENSES;
  (D) A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY  OR
OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY TREATMENT;
  (E)  A RECOMMENDATION AS TO WHETHER THE DEFENDANT'S ILLNESS, INJURY OR
OTHER CONDITION, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY THE  ALTERNA-
TIVE RESOLUTION PROGRAM IN ACCORDANCE WITH THIS ARTICLE; AND
  (F)  ANY  OTHER  INFORMATION,  FACTOR, CIRCUMSTANCE, OR RECOMMENDATION
DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
COURT.
S 217.10 ALTERNATIVE RESOLUTION PROGRAM; COURT PROCEDURES.
  1. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS.  NOTWITHSTANDING
ANY  LAW TO THE CONTRARY, AT ANY TIME AFTER THE ARRAIGNMENT OF A DEFEND-
ANT, BUT PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE  COMMENCEMENT  OF
TRIAL,  THE  DEFENDANT  CLAIMS  TO  BE  A  SERVICE MEMBER OR VETERAN, AS
DEFINED IN SECTION 217.05 OF THIS ARTICLE, THE  COURT  SHALL  ORDER  THE
DEFENDANT  TO PROVIDE EVIDENCE THAT THE DEFENDANT IS A SERVICE MEMBER OR
VETERAN. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED  TO,  RECORDS  OF
THE UNITED STATES DEPARTMENT OF DEFENSE, THE UNITED STATES DEPARTMENT OF
VETERANS  AFFAIRS  OR A STATE OR LOCAL VETERANS AGENCY DEVOTED TO VETER-
ANS, GUARD MEMBERS OR OTHER RESERVE COMPONENTS OF THE  ARMED  FORCES  OF
THE UNITED STATES.
  2.  THE COURT, UPON REVIEW OF THE EVIDENCE PRESENTED AND ANY TESTIMONY
OFFERED BY THE DEFENDANT, SHALL DETERMINE  BY  A  PREPONDERANCE  OF  THE

S. 3914--A                          4

EVIDENCE  WHETHER  THE  DEFENDANT  IS  A  SERVICE  MEMBER OR VETERAN, AS
DEFINED IN SECTION 217.05 OF THIS ARTICLE.
  3. DETERMINATION OF SERVICE MEMBER OR VETERAN STATUS. (A) IF THE COURT
DETERMINES  THAT THE DEFENDANT IS A SERVICE MEMBER OR VETERAN, THE COURT
SHALL ORDER AN EVALUATION OF THE DEFENDANT, AS  DEFINED  IN  SUBDIVISION
FOUR  OF SECTION 217.05 OF THIS ARTICLE, TO EVALUATE WHETHER THE DEFEND-
ANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, AS DEFINED IN  SUBDIVISION
THREE  OF  SECTION  217.05 OF THIS ARTICLE. FOR THOSE SERVICE MEMBERS OR
VETERANS WHOSE OFFENSE  EXCLUDED  THEM  FROM  ENTERING  THE  ALTERNATIVE
RESOLUTION PROGRAM, AN EVALUATION SHALL BE CONDUCTED AS DEFINED IN PARA-
GRAPHS (A), (B), (C), (D) AND (F) OF SUBDIVISION FOUR OF SECTION 217.05.
THE  DEFENDANT SHALL PROVIDE A WRITTEN AUTHORIZATION, IN COMPLIANCE WITH
THE REQUIREMENTS OF ANY APPLICABLE STATE OR FEDERAL LAWS, RULES OR REGU-
LATIONS AUTHORIZING DISCLOSURE OF THE RESULTS OF THE ASSESSMENT  TO  THE
DEFENDANT'S  ATTORNEY,  THE  PROSECUTOR,  THE  COURT,  AUTHORIZED  COURT
PERSONNEL AND OTHER INDIVIDUALS SPECIFIED IN SUCH AUTHORIZATION FOR  THE
PURPOSE  OF  DETERMINING  WHETHER  THE  DEFENDANT IS AN ELIGIBLE SERVICE
MEMBER OR VETERAN, OR FOR THE PURPOSES OF PROVIDING AN EVALUATION REPORT
AS PART OF ANY PRE-SENTENCE INVESTIGATION AND REPORT PURSUANT TO SECTION
390.30 OF THIS CHAPTER.
  (B) UPON RECEIPT OF THE ELIGIBLE SERVICE MEMBER OR VETERAN  EVALUATION
REPORT, THE COURT SHALL PROVIDE A COPY TO THE DEFENDANT AND THE PROSECU-
TOR.
  (C)  THE  COURT  SHALL,  UPON THE REQUEST OF EITHER PARTY OR WHERE THE
EVALUATION INDICATES THAT THE DEFENDANT MAY NOT MEET THE  DEFINITION  OF
AN ELIGIBLE SERVICE MEMBER OR VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION  217.05 OF THIS ARTICLE, ORDER A HEARING ON THE ISSUE OF WHETHER
THE DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR  VETERAN.  IF  THE  COURT
ORDERS  A HEARING, THE HEARING MUST BE HELD AS SOON AS PRACTICABLE SO AS
TO FACILITATE EARLY INTERVENTION IN THE EVENT THE DEFENDANT IS FOUND  TO
BE  AN ELIGIBLE SERVICE MEMBER OR VETERAN. AT THE HEARING, THE COURT MAY
CONSIDER ORAL  OR  WRITTEN  ARGUMENTS,  TAKE  TESTIMONY  FROM  WITNESSES
OFFERED  BY  EITHER PARTY, AND CONSIDER ANY RELEVANT EVIDENCE INCLUDING,
BUT NOT LIMITED TO, EVIDENCE THAT:
  (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
THEREOF;
  (II)  SUCH  ILLNESS,  INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
CAUSED BY, EXACERBATED BY OR  RESULTED  FROM  THE  DEFENDANT'S  MILITARY
SERVICE; AND
  (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES OR OFFENSE.
  (D) THE COURT SHALL CONSIDER AND MAKE FINDINGS OF FACT WITH RESPECT TO
WHETHER:
  (I) THE DEFENDANT SUFFERS FROM POST-TRAUMATIC STRESS  DISORDER,  OTHER
MENTAL  ILLNESS  OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER PHYSICAL OR
MENTAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR  ADDICTION  OR  COMBINATION
THEREOF;
  (II)  SUCH  ILLNESS,  INJURY OR OTHER CONDITION WAS, AT LEAST IN PART,
CAUSED BY, EXACERBATED BY OR  RESULTED  FROM  THE  DEFENDANT'S  MILITARY
SERVICE;
  (III)  SUCH  ILLNESS, INJURY OR OTHER CONDITION MAY HAVE PLAYED A ROLE
IN THE COMMISSION OF ONE OR MORE OF THE CHARGED OFFENSES OR OFFENSE; AND

S. 3914--A                          5

  (IV) IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS  A,  B,  OR  C
FELONIES,  A DETERMINATION IF INSTITUTIONAL CONFINEMENT OF THE DEFENDANT
IS NECESSARY FOR THE PROTECTION OF THE PUBLIC.
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THE COURT DETERMINES,
PURSUANT  TO PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THAT BY
A PREPONDERANCE OF THE EVIDENCE THE DEFENDANT  IS  AN  ELIGIBLE  SERVICE
MEMBER  OR VETERAN, AND IF THE DEFENDANT IS CHARGED WITH A CLASS A, B OR
C FELONY, AND THE COURT FINDS BY A PREPONDERANCE OF  THE  EVIDENCE  THAT
INSTITUTIONAL  CONFINEMENT  IS  NOT  NECESSARY FOR THE PROTECTION OF THE
PUBLIC, OR WHEN THE PARTIES AND THE COURT AGREE TO A  FINDING  THAT  THE
DEFENDANT IS AN ELIGIBLE SERVICE MEMBER OR VETERAN, THE COURT MUST:
  (A)  IF  THE  DEFENDANT  IS CHARGED WITH ONE OR MORE OFFENSES, NONE OF
WHICH IS A CLASS A, B, OR C FELONY, ALLOW THE DEFENDANT  TO  PARTICIPATE
IN  THE ALTERNATIVE RESOLUTION PROGRAM OFFERED BY THIS ARTICLE, WHICH IS
DESIGNED TO TREAT THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S  POST-TRAU-
MATIC  STRESS  DISORDER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC
BRAIN INJURY, OTHER PHYSICAL  INJURY,  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
ADDICTION, OR COMBINATION THEREOF, WITHOUT A PLEA OF GUILTY; OR
  (B)  IF  THE  DEFENDANT  IS  CHARGED WITH ONE OR MORE CLASS A, B, OR C
FELONY OFFENSES, ALLOW THE DEFENDANT TO PARTICIPATE IN  THE  ALTERNATIVE
RESOLUTION  PROGRAM  OFFERED BY THIS ARTICLE, WHICH IS DESIGNED TO TREAT
THE ELIGIBLE SERVICE MEMBER'S OR VETERAN'S POST-TRAUMATIC STRESS  DISOR-
DER,  OTHER  MENTAL  ILLNESS OR CONDITION, TRAUMATIC BRAIN INJURY, OTHER
PHYSICAL INJURY, ALCOHOL OR SUBSTANCE ABUSE OR ADDICTION, OR COMBINATION
THEREOF CONDITIONED ON THE DEFENDANT:
  (I) ENTERING A PLEA OF GUILTY TO THE CHARGE OR CHARGES; OR
  (II) ENTERING A PLEA OF GUILTY TO A LESSER CHARGE AS MAY BE AGREED  BY
THE PARTIES.
  5. ALTERNATIVE RESOLUTION PROGRAM; TREATMENT PLAN. (A) THE COURT SHALL
ISSUE  AN  ORDER  GRANTING  PARTICIPATION  IN THE ALTERNATIVE RESOLUTION
PROGRAM THAT SETS FORTH: (I) THE TERMS, CONDITIONS, AND  LENGTH  OF  THE
ELIGIBLE  SERVICE  MEMBER'S  OR VETERAN'S TREATMENT PLAN; (II) THE FINAL
DISPOSITION OF THE PROCEEDING AS SET FORTH IN SUBDIVISION  SIX  OF  THIS
SECTION;  AND  (III)  THE DISPOSITION OF THE PROCEEDING IF THE DEFENDANT
FAILS TO SATISFY THE TERMS AND CONDITIONS OF THE  TREATMENT  PLAN.    AS
PART OF SUCH PLAN, THE COURT MAY TRANSFER THE CASE TO AN EXISTING VETER-
AN  OR  OTHER TREATMENT COURT IN THE COUNTY OF JURISDICTION OR ADJOINING
COUNTY.
  (B) TERMS AND CONDITIONS. IN DETERMINING THE TERMS AND  CONDITIONS  OF
THE  TREATMENT PLAN, THE COURT SHALL CONSIDER THE RECOMMENDATIONS IN THE
ELIGIBLE SERVICE MEMBER OR VETERAN EVALUATION REPORT AND THE RECOMMENDA-
TIONS OF THE DEFENDANT'S HEALTH CARE PROVIDERS, IF  ANY.  THE  TREATMENT
PLAN MAY REQUIRE THE DEFENDANT, WITH THE ASSISTANCE OF TREATMENT PROVID-
ERS,  TO  DEVELOP  A  PLAN FOR ONGOING RECOVERY AFTER DISPOSITION OF THE
CRIMINAL CASE.
  (C) LENGTH OF TREATMENT PLAN. (I) WHERE THE DEFENDANT IS CHARGED  WITH
ONE  OR  MORE  OFFENSES, NONE OF WHICH IS A CLASS A, B, OR C FELONY, THE
TREATMENT PLAN MAY NOT EXTEND BEYOND  TWELVE  MONTHS.  HOWEVER,  UPON  A
SHOWING  THAT  ADDITIONAL  TREATMENT  IS  NEEDED, AND THE CONSENT OF THE
DEFENDANT, THE COURT MAY EXTEND A TREATMENT PLAN FOR UP TO TWELVE  ADDI-
TIONAL MONTHS.
  (II)  WHERE THE DEFENDANT IS CHARGED WITH ONE OR MORE CLASS A, B, OR C
FELONY OFFENSES, THE TREATMENT  PLAN  MAY  NOT  EXTEND  BEYOND  EIGHTEEN
MONTHS.    HOWEVER,  UPON A SHOWING THAT ADDITIONAL TREATMENT IS NEEDED,
AND THE CONSENT OF THE DEFENDANT, THE COURT MAY EXTEND A TREATMENT  PLAN
FOR UP TO TWELVE ADDITIONAL MONTHS.

S. 3914--A                          6

  (D)  THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO ABIDE BY
THE TERMS AND CONDITIONS OF THE TREATMENT PLAN ORDERED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
  6.  FINAL  DISPOSITION. (A) DISMISSAL.  NOTWITHSTANDING ANY LAW TO THE
CONTRARY, IF THE DEFENDANT IS ALLOWED  TO  PARTICIPATE  IN  THE  PROGRAM
PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION, UPON THE
DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
MENT PLAN, AND SUCCESSFUL COMPLETION THEREOF, THE  COURT  SHALL  DISMISS
THE  ACCUSATORY INSTRUMENT, EXCEPT FOR FELONIES INVOLVING INTIMATE PART-
NER VIOLENCE OR DOMESTIC VIOLENCE, WHICH FINAL DISPOSITION MAY  INCLUDE,
BUT  IS NOT LIMITED TO: (I) A SENTENCE OF PROBATION SUPERVISION; OR (II)
REQUIRING THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION  SUPER-
VISION  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 HIS OR HER GUILTY PLEA AND
DISMISSING THE INDICTMENT; OR (III) 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 HIS OR HER GUILTY
PLEA,  ENTER  A  GUILTY PLEA TO A MISDEMEANOR OFFENSE AND SENTENCING THE
DEFENDANT IN ACCORDANCE WITH THE TREATMENT PLAN ORDER, WHICH MAY INCLUDE
A PERIOD OF PROBATION SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL
LAW; OR (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS OR HER  GUILTY  PLEA
AND DISMISSING THE INDICTMENT. IT IS NOT INTENDED THAT CRIMINAL CONTEMPT
CHARGES FOR VIOLATIONS OF ORDERS OF PROTECTION NOT ALLEGING VIOLENCE, BE
INCLUDED.
  UPON  DISMISSAL OF THE ACCUSATORY INSTRUMENT, THE COURT SHALL ENTER AN
ORDER DIRECTING THAT THE RECORD OF SUCH ACTION OR PROCEEDING  BE  SEALED
AND  DIRECTING  THE  CLERK  OF THE COURT WHEREIN SUCH CRIMINAL ACTION OR
PROCEEDING WAS TERMINATED TO IMMEDIATELY NOTIFY THE COMMISSIONER OF  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES AND THE HEADS OF ALL APPROPRIATE
POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES  THAT  THE  ACTION
HAS  BEEN  TERMINATED  AND  THAT THE RECORD OF SUCH ACTION OR PROCEEDING
SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION,  THE  AGENCY,  DIVI-
SION,  OR DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION ONE
OF SECTION 160.50 OF THIS CHAPTER.
  (B) NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  IF  THE  DEFENDANT  IS
ALLOWED  TO  PARTICIPATE  IN THE PROGRAM PURSUANT TO SUBPARAGRAPH (I) OR
(II) OF PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS  SECTION,  UPON  THE
DEFENDANT'S AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THE TREAT-
MENT  PLAN,  AND  SUCCESSFUL COMPLETION THEREOF, THE COURT SHALL, IF THE
DEFENDANT HAS PLED TO A CLASS A, B, OR C FELONY, PERMIT THE DEFENDANT TO
WITHDRAW THAT PLEA AND SUBSTITUTE A PLEA TO A CLASS D  FELONY  OR  LOWER
OFFENSE.  UPON  ENTRY OF THE SUBSTITUTED PLEA, THE FINAL DISPOSITION MAY
INCLUDE, BUT IS NOT LIMITED TO:   (I) A  SENTENCE  OF  PROBATION  SUPER-
VISION;  OR  (II) 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 HIS  OR  HER  GUILTY
PLEA  AND DISMISSING THE INDICTMENT; OR (III) 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 HIS
OR HER GUILTY PLEA, ENTER A GUILTY PLEA TO  A  MISDEMEANOR  OFFENSE  AND
SENTENCING  THE  DEFENDANT  IN ACCORDANCE WITH THE TREATMENT PLAN ORDER,
WHICH MAY INCLUDE A PERIOD OF PROBATION SUPERVISION PURSUANT TO  SECTION

S. 3914--A                          7

65.00  OF  THE PENAL LAW; OR (IV) ALLOWING THE DEFENDANT TO WITHDRAW HIS
OR HER GUILTY PLEA AND DISMISSING THE INDICTMENT.
  S  2. Subdivision 2 of section 390.30 of the criminal procedure law is
amended to read as follows:
  2. Physical and mental examinations. Whenever information is available
with respect to the defendant's physical and mental condition, the  pre-
sentence  investigation  must include the gathering of such information,
INCLUDING ANY EVALUATION REPORT PURSUANT TO SUBDIVISION FIVE OF  SECTION
217.05  OF THIS CHAPTER.  In the case of a felony or a class A misdemea-
nor, or in any case where a  person  under  the  age  of  twenty-one  is
convicted  of  a crime, the court may order that the defendant undergo a
thorough physical or mental examination in a designated facility and may
further order that the  defendant  remain  in  such  facility  for  such
purpose for a period not exceeding thirty days.
  S 3. This act shall take effect immediately.