S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8687
 
                             I N  S E N A T E
 
                               July 8, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  judicial
   diversion  programs;  and  to  repeal  certain  provisions of such law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The article heading of article 216 of the criminal proce-
 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
          JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
                                 PROGRAMS
   § 2. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal procedure law, as amended by chapter 90 of the laws of 2014, is
 amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment [or a], superior court information [with a class B, C, D or E felo-
 ny  offense  defined  in  article  one hundred seventy-nine, two hundred
 twenty or two hundred twenty-one of the penal law or any other specified
 offense as defined in subdivision four of section 410.91 of  this  chap-
 ter, provided, however, a defendant is not an "eligible defendant" if he
 or she:], MISDEMEANOR COMPLAINT OR FELONY COMPLAINT WITH ANY OFFENSE AND
 HAS A FUNCTIONAL IMPAIRMENT.
   §  3.  The opening paragraph of subdivision 1 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 to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment [or a], superior court information [with a class B, C, D or E felo-
 ny  offense defined in article two hundred twenty or two hundred twenty-
 one of the penal law or  any  other  specified  offense  as  defined  in
 subdivision four of section 410.91 of this chapter, provided, however, a
 defendant  is  not  an  "eligible defendant" if he or she:], MISDEMEANOR
 COMPLAINT OR FELONY COMPLAINT WITH ANY  OFFENSE  AND  HAS  A  FUNCTIONAL
 IMPAIRMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16163-02-0

 S. 8687                             2
 
   § 4. Paragraphs (a) and (b) and the closing paragraph of subdivision 1
 of section 216.00 of the criminal procedure law are REPEALED.
   § 5. 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 to read as follows:
   2. ["Alcohol and substance  abuse]  "FUNCTIONAL  IMPAIRMENT"  MEANS  A
 CONDITION  DETERMINED  BY  A LICENSED HEALTH CARE PROFESSIONAL TO IMPAIR
 THE DEFENDANT'S FUNCTIONING. A FUNCTIONAL IMPAIRMENT MAY INCLUDE, BUT IS
 NOT LIMITED TO, SUBSTANCE ABUSE OR ALCOHOL DEPENDENCE,  MENTAL  ILLNESS,
 DEVELOPMENTAL DISABILITY, INTELLECTUAL DISABILITY, TRAUMATIC BRAIN INJU-
 RY  OR  OTHER  NEUROLOGICAL  DISEASE,  PERSONALITY  DISORDER,  COGNITIVE
 DYSFUNCTION, DEMENTIA OR EMOTIONAL DISTURBANCE. THE COURT SHALL DEFER TO
 LICENSED HEALTH CARE PROFESSIONALS AND  THE  BROADER  MEDICAL  COMMUNITY
 CONSENSUS  IN DETERMINING WHAT A FUNCTIONAL IMPAIRMENT IS IN RECOGNITION
 THAT SUCH STANDARDS MAY CHANGE QUICKLY WITHIN THE MEDICAL FIELD BASED ON
 NEW RESEARCH. A PERSON MAY HAVE MORE THAN ONE FUNCTIONAL IMPAIRMENT.
   3. "CLINICAL evaluation" means a written assessment and  report  by  a
 court-approved  entity  or licensed health care professional experienced
 in the treatment of [alcohol and substance abuse, or] FUNCTIONAL IMPAIR-
 MENTS AS DEFINED IN SUBDIVISION TWO OF THIS  SECTION  OR  AN  EVALUATION
 CONDUCTED  by an addiction and substance abuse counselor credentialed by
 the office  of  [alcoholism  and  substance  abuse  services]  ADDICTION
 SERVICES  AND  SUPPORTS  pursuant to section 19.07 of the mental hygiene
 law, which shall include:
   (a) an evaluation as to whether the defendant CURRENTLY has a [history
 of alcohol or substance abuse or alcohol or substance dependence]  FUNC-
 TIONAL  IMPAIRMENT  INCLUDING  BUT  NOT LIMITED TO A MENTAL DISORDER, as
 [such terms are] defined in the diagnostic  and  statistical  manual  of
 mental  disorders,  [fourth]  FIFTH  edition, and a co-occurring [mental
 disorder or mental illness and the relationship between  such  abuse  or
 dependence and mental disorder or mental illness] FUNCTIONAL IMPAIRMENT,
 if any;
   (b)  a  recommendation  as  to  whether  the  defendant's  [alcohol or
 substance abuse or dependence] FUNCTIONAL IMPAIRMENTS, if any, could  be
 effectively  addressed  by  judicial  diversion  in accordance with this
 article;
   (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] FUNCTIONAL IMPAIRMENTS; and
   (d)  any  other  information,  factor, circumstance, or recommendation
 deemed relevant by the assessing entity or specifically requested by the
 court.
   § 6. Section 216.05 of the criminal procedure law, as added by section
 4 of part AAA of chapter 56 of  the  laws  of  2009,  subdivision  5  as
 amended  by  chapter 67 of the laws of 2016, subdivision 8 as amended by
 chapter 315 of the laws of 2016 and paragraph (a) of  subdivision  9  as
 amended  by section 21 of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
 § 216.05 Judicial diversion program; court procedures.
   1. At any time after the arraignment of  an  eligible  defendant,  but
 prior to the entry of a plea of guilty or the commencement of trial, the
 court  at  the  request of the eligible defendant, [may] SHALL order [an
 alcohol and substance abuse] A CLINICAL evaluation. An eligible  defend-
 ant  may  decline  to participate in such an evaluation at any time. The
 defendant shall provide a written authorization, in compliance with  the

 S. 8687                             3
 
 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 local probation department,
 the court, authorized court personnel and other individuals specified in
 such  authorization  for  the  sole  purpose  of determining whether the
 defendant  should  be  offered  judicial  diversion  for  treatment  for
 [substance  abuse  or  dependence,  alcohol  abuse or dependence and any
 co-occurring mental disorder or mental illness] FUNCTIONAL IMPAIRMENT OR
 MENTAL DISORDER.
   2. Upon receipt of the completed [alcohol and substance  abuse]  CLIN-
 ICAL  evaluation report, the court shall provide a copy of the report to
 the eligible defendant and the [prosecutor] DEFENDANT'S  COUNSEL.    ANY
 FINDING  IN  THE  REPORT  OR  ASSESSMENT THAT THE DEFENDANT HAS A MENTAL
 DISORDER AS DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL  OF  MENTAL
 DISORDERS,  FIFTH  EDITION,  OR  A CLINICAL DIAGNOSIS OF ANOTHER SERIOUS
 FUNCTIONAL IMPAIRMENT SHALL BE VIEWED AS PRESUMPTIVE EVIDENCE  THAT  THE
 CASE SHOULD BE DIVERTED AND THE DEFENDANT SHOULD RECEIVE TREATMENT.
   3.  (a)  Upon  receipt  of  the  evaluation  report [either party] THE
 DEFENDANT may request a hearing on the issue  of  whether  the  eligible
 defendant  should  be  offered  [alcohol  or  substance abuse] treatment
 pursuant to this article. AT SUCH TIME, THE DEFENDANT SHALL TURN OVER  A
 COMPLETE  COPY OF THE EVALUATION REPORT TO THE PROSECUTOR AND THE COURT.
 At such a proceeding, which shall be held as soon as practicable  so  as
 to  facilitate  early  intervention  in  the event that the defendant is
 found to need [alcohol or substance  abuse]  treatment,  the  court  may
 consider  oral  and written arguments, may take testimony from witnesses
 offered by either party, and may consider any relevant evidence  includ-
 ing, but not limited to, evidence that:
   (i)  the  defendant  had within the preceding ten years (excluding any
 time during which the offender was incarcerated for any  reason  between
 the  time of the acts that led to the youthful offender adjudication and
 the time of commission of the present offense) been adjudicated a youth-
 ful offender for: (A) a violent felony offense  as  defined  in  section
 70.02 of the penal law; or (B) any offense for which a merit time allow-
 ance  is not available pursuant to subparagraph (ii) of paragraph (d) of
 subdivision one of section eight hundred three of  the  correction  law;
 and
   (ii)  in  the  case of a felony offense defined in subdivision four of
 section 410.91 of this chapter, any statement of  or  submitted  by  the
 victim, as defined in paragraph (a) of subdivision two of section 380.50
 of this chapter; AND
   (III) THE DEFENDANT HAS A FUNCTIONAL IMPAIRMENT; AND
   (IV) THE DEFENDANT'S FUNCTIONAL IMPAIRMENT CONTRIBUTED TO THEIR CRIMI-
 NAL LEGAL SYSTEM INVOLVEMENT.
   (b) Upon completion of such a proceeding, the court shall consider and
 make findings of fact with respect to whether:
   (i)  the  defendant is an eligible defendant as defined in subdivision
 one of section 216.00 of this article;
   (ii) the defendant has a [history of alcohol  or  substance  abuse  or
 dependence]  FUNCTIONAL  IMPAIRMENT  AS  DEFINED  IN  SUBDIVISION TWO OF
 SECTION 216.00 OF THIS ARTICLE;
   (iii) such [alcohol  or  substance  abuse  or  dependence]  FUNCTIONAL
 IMPAIRMENT is OR MAY BE a contributing factor to the defendant's [crimi-
 nal behavior] INVOLVEMENT IN THE CRIMINAL LEGAL SYSTEM;
   (iv)  the defendant's participation in judicial diversion could effec-
 tively address such [abuse or dependence] FUNCTIONAL IMPAIRMENT; and

 S. 8687                             4
 
   (v) institutional confinement [of] OR  OUTPATIENT  TREATMENT  FOR  the
 defendant  [is or may not be necessary for the protection of the public]
 WOULD BENEFIT THE PUBLIC OR THE DEFENDANT.
   4.  (A) When an authorized court determines, pursuant to paragraph (b)
 of subdivision three of this section, that an eligible defendant  should
 be  offered  [alcohol or substance abuse] treatment, or when the parties
 and the court agree to an eligible defendant's participation in [alcohol
 or substance abuse] treatment, an  eligible  defendant  [may]  SHALL  be
 allowed to participate in the judicial diversion program offered by this
 article.    [Prior  to  the  court's  issuing an order granting judicial
 diversion, the eligible defendant shall be required to enter a  plea  of
 guilty  to the charge or charges; provided, however, that no such guilty
 plea shall be required when:
   (a) the people and the court consent to the entry  of  such  an  order
 without a plea of guilty; or
   (b)  based on a finding of exceptional circumstances, the court deter-
 mines that a plea of guilty shall not be required. For purposes of  this
 subdivision,  exceptional  circumstances  exist  when, regardless of the
 ultimate disposition of the case, the entry of a plea of guilty is like-
 ly to result in severe collateral consequences.]
   (B) THERE SHALL BE A PRESUMPTION IN FAVOR OF ALLOWING ELIGIBLE DEFEND-
 ANTS TO PARTICIPATE IN THE JUDICIAL DIVERSION PROGRAM  WITHOUT  A  PRIOR
 PLEA  OF GUILT. THIS PRESUMPTION RECOGNIZES THE PRESUMPTION OF INNOCENCE
 IN ALL CASES BEFORE THE PROSECUTOR OBTAINS A CONVICTION.  THIS  PRESUMP-
 TION  ALSO  PROTECTS  DEFENDANTS FROM THE SEVERE COLLATERAL CONSEQUENCES
 ASSOCIATED WITH A CRIMINAL CONVICTION, PARTICULARLY CONSEQUENCES  RELAT-
 ING  TO IMMIGRATION STATUS, LICENSING FOR EMPLOYMENT, AND HOUSING. UNDER
 NO CIRCUMSTANCES SHALL THE PROSECUTOR SERVE AS A  GATEKEEPER  TO  DIVER-
 SION.
   (C)  IN  THE  RARE CIRCUMSTANCE THAT A COURT DETERMINES THAT A PLEA OF
 GUILTY PRIOR TO TREATMENT IS NECESSARY, SUCH AS WHEN THE  DEFENDANT  HAS
 PREVIOUSLY  FAILED  TO COMPLETE JUDICIAL DIVERSION UNDER THIS ARTICLE ON
 MORE THAN TWO OCCASIONS, THE DEFENDANT SHALL NOT BE  REQUIRED  TO  WAIVE
 THEIR  TRIAL  RIGHTS OR SUBMIT AN AFFIDAVIT CONCEDING THEIR GUILT. UNDER
 NO CIRCUMSTANCE SHALL A COURT REQUIRE A PLEA OF GUILTY PRIOR TO  DISCLO-
 SURE OF THE DISCOVERY MATERIAL IN THE CASE PURSUANT TO SECTION 245.25 OF
 THIS CHAPTER.
   5.  The  defendant shall agree on the record or in writing to abide by
 the release conditions set by the court, which, shall include[:] partic-
 ipation in a specified period of [alcohol or substance abuse]  treatment
 at  a  specified program or programs identified by the court[, which may
 include]. THE COURT SHALL TAKE INTO ACCOUNT THE VIEWS OF THE HEALTH CARE
 PROFESSIONAL WHO CONDUCTED THE CLINICAL EVALUATION AND ANY  HEALTH  CARE
 PROFESSIONALS RESPONSIBLE FOR PROVIDING SUCH TREATMENT OR MONITORING THE
 DEFENDANT'S  PROGRESS  IN  SUCH TREATMENT. ADDITIONAL RELEASE CONDITIONS
 MAY INCLUDE:
   (A) ADHERING TO A DOCTOR'S PRESCRIBED MEDICATION,
   (B) periods of detoxification,
   (C) residential or outpatient treatment, or both, as determined  after
 taking  into  account  the  views  of  the  health care professional who
 conducted the MENTAL HEALTH ASSESSMENT OR alcohol  and  substance  abuse
 evaluation  and  any health care professionals responsible for providing
 such treatment or monitoring the defendant's progress in such treatment;
 and may include:
   [(i)] (D) periodic  court  appearances,  which  may  include  periodic
 urinalysis;

 S. 8687                             5
 
   [(ii)]  (E)  a requirement that the defendant refrain from engaging in
 criminal behaviors;
   [(iii)]  (F)  if  the  defendant  needs  treatment for opioid abuse or
 dependence OR HAS ANOTHER CONDITION REQUIRING  PRESCRIPTION  MEDICATION,
 that  he or she may participate in and receive medically prescribed drug
 treatments under the care of a  health  care  professional  licensed  or
 certified  under  title eight of the education law, acting within his or
 her lawful scope of practice[, provided that no]. NO court shall require
 the use of any specified type or brand of  drug  during  the  course  of
 medically prescribed drug treatments.
   6.  Upon  an eligible defendant's agreement to abide by the conditions
 set by the court, the court shall issue a securing order  providing  for
 bail or release on the defendant's own recognizance and conditioning any
 release upon the agreed upon conditions PURSUANT TO ARTICLE FIVE HUNDRED
 TEN  OF THIS CHAPTER. The period of alcohol or substance abuse treatment
 shall begin as specified by the court and as soon as  practicable  after
 the  defendant's release, taking into account the availability of treat-
 ment, so as to facilitate early intervention with respect to the defend-
 ant's abuse or condition and the effectiveness of the treatment program.
 In the event that a treatment program is not  immediately  available  or
 becomes  unavailable  during the course of the defendant's participation
 in the judicial diversion program, the court may release  the  defendant
 pursuant to the securing order.
   7. When participating in judicial diversion treatment pursuant to this
 article,  any  resident  of  this  state  who is covered under a private
 health insurance policy or contract issued for delivery  in  this  state
 pursuant to article thirty-two, forty-three or forty-seven of the insur-
 ance  law  or  article  forty-four  of  the public health law, or who is
 covered by a self-funded plan which provides coverage for the  diagnosis
 and treatment of MENTAL ILLNESS, chemical abuse and chemical dependence,
 OR ANY OTHER FUNCTIONAL IMPAIRMENT however defined in such policy; shall
 first  seek  reimbursement  for  such  treatment  in accordance with the
 provisions of such policy or contract. THE COURT IN ITS  DISCRETION  MAY
 ORDER THE DEFENDANT TO OBTAIN PUBLIC INSURANCE SUCH AS MEDICAID OR MEDI-
 CARE IF THEY SO QUALIFY. HOWEVER, THE DEFENDANT SHALL NOT BE REQUIRED TO
 PAY  FOR ANY PART OF THE COST OF TREATMENT REQUIRED BY THE COURT THAT IS
 NOT COVERED BY PRIVATE OR PUBLIC HEALTH INSURANCE.
   8. During the period of a defendant's participation  in  the  judicial
 diversion program, the court shall retain jurisdiction of the defendant,
 provided, however, that the court may allow such defendant to (i) reside
 in  another  jurisdiction,  or  (ii) participate in MENTAL HEALTH AND/OR
 alcohol and substance abuse treatment and other programs in  the  juris-
 diction  where the defendant resides or in any other jurisdiction, while
 participating in a judicial diversion program under  conditions  set  by
 the  court  and agreed to by the defendant pursuant to subdivisions five
 and six of this section. The court may require the defendant  to  appear
 in  court  at  any  time  to enable the court to monitor the defendant's
 progress in alcohol  or  substance  abuse  treatment.  The  court  shall
 provide  notice,  reasonable under the circumstances, to the people, the
 treatment provider, the defendant and the defendant's  counsel  whenever
 it  orders  or  otherwise  requires  the  appearance of the defendant in
 court. Failure to appear as required without reasonable  cause  therefor
 shall  constitute a violation of the conditions of the court's agreement
 with the defendant.
   9. (a) If at any time during  the  defendant's  participation  in  the
 judicial  diversion program, the court has reasonable grounds to believe

 S. 8687                             6
 
 that the defendant has violated a  release  condition  in  an  important
 respect or has willfully failed to appear before the court as requested,
 the  court  except  as  provided in subdivision two of section 510.50 of
 this  chapter regarding a failure to appear, shall [direct the defendant
 to appear or issue a bench warrant to a police officer or an appropriate
 peace officer directing him or her to take the  defendant  into  custody
 and  bring  the  defendant  before  the court without unnecessary delay]
 ORDER A HEARING TO DETERMINE WHETHER IT IS APPROPRIATE TO ISSUE A  BENCH
 WARRANT;  provided, however, that under no circumstances shall a defend-
 ant who requires treatment for MENTAL HEALTH ISSUES AND/OR opioid  abuse
 or  dependence  be  deemed  to  have violated a release condition on the
 basis of his or her participation in medically  prescribed  drug  treat-
 ments under the care of a health care professional licensed or certified
 under  title eight of the education law, acting within his or her lawful
 scope of practice. The relevant provisions of  section  530.60  of  this
 chapter  relating  to  issuance  of  securing orders shall apply to such
 proceedings under this subdivision.
   (b) In determining whether a defendant violated a condition of his  or
 her  release under the judicial diversion program, the court [may] SHALL
 conduct a summary hearing consistent with due process and sufficient  to
 satisfy  the  court that the defendant has, in fact, violated the condi-
 tion.
   (c) If the court determines that the defendant has violated  a  condi-
 tion  of  his  or  her release under the judicial diversion program, the
 court may modify the conditions thereof, reconsider the order of  recog-
 nizance  or  bail  pursuant to subdivision two of section 510.30 of this
 chapter, or terminate the  defendant's  participation  in  the  judicial
 diversion  program;  and  when  applicable  proceed with the defendant's
 sentencing  in  accordance  with  the  agreement.  Notwithstanding   any
 provision  of  law  to  the  contrary, the court may impose any sentence
 authorized for the crime of  conviction  in  accordance  with  the  plea
 agreement,  or any lesser sentence authorized to be imposed [on a felony
 drug offender pursuant to paragraph (b) or (c)  of  subdivision  two  of
 section  70.70  of  the  penal  law  taking].  THE COURT SHALL TAKE into
 account the length of time the defendant spent in residential  treatment
 and  how  best to continue treatment while the defendant is serving that
 sentence. In determining what action  to  take  for  a  violation  of  a
 release  condition, the court shall consider all relevant circumstances,
 including the views of the prosecutor, the defense and the MENTAL HEALTH
 AND/OR alcohol or substance abuse treatment provider, and the extent  to
 which  persons  who  ultimately  successfully  complete a drug treatment
 regimen sometimes relapse by not abstaining from  alcohol  or  substance
 abuse  or  by failing to comply fully with all requirements imposed by a
 treatment program. The court shall also consider using a system of grad-
 uated and appropriate responses or sanctions designed  to  address  such
 inappropriate  behaviors,  protect  public  safety and facilitate, where
 possible, successful completion of the MENTAL HEALTH AND/OR  alcohol  or
 substance abuse treatment program.
   (d)  Nothing  in  this  subdivision shall be construed as preventing a
 court from terminating  a  defendant's  participation  in  the  judicial
 diversion  program  for violating a release condition when such a termi-
 nation is necessary to preserve public safety.  Nor  shall  anything  in
 this subdivision be construed as precluding the prosecution of a defend-
 ant for the commission of a different offense while participating in the
 judicial  diversion  program.  PRIOR  TO SUCH TERMINATION, THE DEFENDANT
 SHALL BE ENTITLED TO A HEARING AT WHICH CLEAR  AND  CONVINCING  EVIDENCE

 S. 8687                             7
 
 SHALL  BE  OFFERED TO SUPPORT THAT THERE EXISTS A SUBSTANTIAL RISK TO AN
 IDENTIFIABLE PERSON. IN THE ABSENCE OF SUCH A HEARING AND SUCH  A  FIND-
 ING, THERE CAN BE NO TERMINATION.
   (e) A defendant may at any time advise the court that he or she wishes
 to  terminate  participation in the judicial diversion program, at which
 time the court shall proceed with the case and, where applicable,  shall
 impose  sentence  in accordance with the plea agreement. Notwithstanding
 any provision of law to the contrary, the court may impose any  sentence
 authorized  for  the  crime  of  conviction  in accordance with the plea
 agreement, or any lesser sentence authorized to be imposed on  a  felony
 drug  offender  pursuant  to  paragraph (b) or (c) of subdivision two of
 section 70.70 of the penal law taking into account the  length  of  time
 the  defendant  spent  in residential treatment and how best to continue
 treatment while the defendant is serving that sentence.
   10. Upon the court's determination that the defendant has successfully
 completed the required period of alcohol or  substance  abuse  treatment
 and  has  otherwise  satisfied  the  conditions  required for successful
 completion of the judicial diversion program,  the  court  shall  comply
 with  the  terms  and  conditions  it  set for final disposition when it
 accepted the defendant's agreement to participate in the judicial diver-
 sion program. Such disposition may include, but is not limited to:
   (a) 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 INFORMATION; or
   (b)  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 OR VIOLATION offense IF THE ORIGINAL CHARGE
 WAS  A  FELONY,  OR  ENTER  A GUILTY PLEA TO A VIOLATION IF THE ORIGINAL
 CHARGE WAS A MISDEMEANOR, and sentencing the defendant  as  promised  in
 the  plea agreement, which may include a period of probation supervision
 pursuant to section 65.00 of the penal law; or
   (c) allowing the defendant to withdraw his  or  her  guilty  plea  and
 dismissing the indictment OR INFORMATION; OR
   (D)  SENTENCING  THE  DEFENDANT  TO  LESS  THAN  THE STATUTORY MINIMUM
 REQUIRED BY ARTICLE SEVENTY OF THE PENAL LAW WHERE THE JUDGE FINDS  THAT
 THE  DEFENDANT TOOK STEPS TO SUBSTANTIALLY COMPLY WITH THE TREATMENT AND
 SUCH A REDUCED SENTENCE IS IN THE INTERESTS OF JUSTICE.
   11. Nothing in this article  shall  be  construed  as  restricting  or
 prohibiting  courts or district attorneys from using other lawful proce-
 dures or  models  for  placing  appropriate  persons  into  [alcohol  or
 substance abuse] treatment.
   12. NO AGREEMENT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL CONTAIN A
 PROVISION  WAIVING  DEFENDANT'S  RIGHT  TO  SEALING  PURSUANT TO SECTION
 160.50 OF THIS CHAPTER.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 216.10 to read as follows:
 § 216.10 DIVERSION PART ESTABLISHED.
   1.  THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTAB-
 LISH, IN EACH COUNTY OF THE STATE, A PART OF THE COURT TO  BE  KNOWN  AS
 THE  DIVERSION  PART FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. TO AID
 IN THEIR WORK, SUCH JUDGES SHALL RECEIVE ANNUAL TRAINING IN  SPECIALIZED
 AREAS,  INCLUDING,  BUT NOT LIMITED TO MENTAL HEALTH AND SUBSTANCE ABUSE

 S. 8687                             8
 
 NEEDS, INCLUDING CO-OCCURRING DISORDERS, EVIDENCE  BASED-PRACTICES,  AND
 TRAUMA-INFORMED  CARE,  AS  WELL  AS  TRAINING IN PROCEDURAL JUSTICE AND
 CULTURAL COMPETENCY. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  ENSURE
 THAT  ALL  EMPLOYEES  WHO  STAFF THE DIVERSION PARTS RECEIVE SPECIALIZED
 TRAINING IN PROCEDURAL JUSTICE AND  WORKING  WITH  PEOPLE  WITH  COMPLEX
 NEEDS.
   2.  EACH  CHIEF  ADMINISTRATOR  OF THE COURTS SHALL AT THE END OF EACH
 YEAR PREPARE AND FILE AN ANNUAL REPORT, WHICH THE OFFICE SHALL  COMPILE,
 PUBLISH ON ITS WEBSITE AND MAKE AVAILABLE UPON REQUEST TO MEMBERS OF THE
 PUBLIC. SUCH REPORTS SHALL NOT INCLUDE ANY PERSONAL IDENTIFYING INFORMA-
 TION  FOR  ANY  INDIVIDUAL  DEFENDANTS. EACH SUCH REPORT, IN ADDITION TO
 OTHER RELEVANT INFORMATION, SHALL SET FORTH, DISAGGREGATED BY EACH COUN-
 TY SERVED:
   (A) THE NUMBER OF DEFENDANTS WITH CASES IN THE DIVERSION PART;
   (B) THE LENGTH OF TIME, IN MONTHS, EACH CASE REMAINED IN THE DIVERSION
 PART PRIOR TO ACQUITTAL, DISMISSAL, RELEASE ON RECOGNIZANCE,  REVOCATION
 OF RELEASE ON CONDITIONS, AND SENTENCING;
   (C)  THE  RACE, ETHNICITY, AGE AND SEX OF EACH DEFENDANT IN THE DIVER-
 SION PART;
   (D) THE CRIMES WITH WHICH EACH DEFENDANT WAS CHARGED;
   (E) WHETHER THE TREATMENT  OBTAINED  WAS  FOR  SUBSTANCE  USE,  MENTAL
 HEALTH, CO-OCCURRING OR OTHER;
   (F)  THE COURT DISPOSITION IN EACH SUPERVISED CASE, INCLUDING SENTENC-
 ING INFORMATION;
   (G) THE COSTS SAVED TO THE COUNTY BY AVOIDING PRE-TRIAL  OR  POST-CON-
 VICTION DETENTION IN A COUNTY JAIL OR STATE PRISON; AND
   (H)  A  LIST OF SERVICE PROVIDERS, INCLUDING CONTACT INFORMATION, THAT
 THE DIVERSION PART IN THE SUPERIOR COURT OF THE COUNTY PARTNERS WITH  TO
 SERVE DEFENDANTS.
   §  8.  This  act shall take effect immediately; provided, however that
 the amendments to the opening paragraph  of  subdivision  1  of  section
 216.00  of  the  criminal  procedure law made by section two of this act
 shall be subject to the  expiration  and  reversion  of  such  paragraph
 pursuant  to  section  12 of chapter 90 of the laws of 2014, as amended,
 when upon such date the provisions of section three of  this  act  shall
 take effect.