S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1829
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. Paragraph (c) of subdivision 2 of  section  216.00  of  the
 criminal  procedure law, as added by section 4 of part AAA of chapter 56
 of the laws of 2009 is amended, paragraph (d)  of  such  subdivision  is
 relettered  paragraph  (e),  and a new paragraph (d) is added to read as
 follows:
   (c) a recommendation as to the treatment modality, level of  care  and
 length  of any proposed treatment to effectively address the defendant's
 alcohol or substance abuse or dependence  and  any  co-occurring  mental
 disorder or illness; [and]
   (D)  A  COMPLETE  DESCRIPTION  OF  THE  DEFENDANT'S  CRIMINAL HISTORY,
 INCLUDING SEALED CASES, SUCH  AS  JUVENILE  DELINQUENCY  DETERMINATIONS,
 JUVENILE  OFFENDER  CASES, YOUTHFUL OFFENDER ADJUDICATIONS, AND ADJOURN-
 MENTS IN CONTEMPLATION OF DISMISSAL, WITH THE DEFENDANT'S REQUEST FOR AN
 ALCOHOL AND SUBSTANCE ABUSE EVALUATION BEING  DEEMED  A  WAIVER  OF  ALL
 SEALING  PROVISIONS  AND  AN  AUTHORIZATION  FOR  RELEASE  OF ALL SEALED
 RECORDS FOR PURPOSES OF THE EVALUATION AND THE COURT'S DETERMINATION  OF
 THE  DEFENDANT'S  APPLICATION  TO  BE OFFERED ALCOHOL OR SUBSTANCE ABUSE
 TREATMENT PURSUANT TO THIS ARTICLE; AND
   § 2. Subparagraphs (ii), (iii), (iv)  and  (v)  of  paragraph  (b)  of
 subdivision 3 of section 216.05 of the criminal procedure law are renum-
 bered  subparagraphs  (iii),  (iv),  (v) and (vi) and a new subparagraph
 (ii) is added to read as follows:
   (II) DESPITE THE DEFENDANT BEING AN ELIGIBLE  DEFENDANT,  THE  DEFEND-
 ANT'S  CRIMINAL  HISTORY,  INCLUDING INFORMATION CONTAINED IN PREVIOUSLY
 SEALED RECORDS, INDICATES THAT THE DEFENDANT SHOULD NOT BE OFFERED ALCO-
 HOL OR SUBSTANCE ABUSE TREATMENT PURSUANT TO THIS ARTICLE;
   § 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