S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1263
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FORREST, WEPRIN, HEVESI, GALLAGHER, JACKSON,
   BURGOS, ANDERSON, GONZALEZ-ROJAS, BURDICK, EPSTEIN,  MAMDANI,  KELLES,
   MITAYNES,  BICHOTTE HERMELYN, DICKENS, PRETLOW, DARLING, SIMON, MEEKS,
   GLICK,  CUNNINGHAM,  L. ROSENTHAL,   CRUZ,   REYES,   WALKER,   VANEL,
   DE LOS SANTOS,  DAVILA, TAYLOR, AUBRY, CARROLL, COOK, SEAWRIGHT, RAGA,
   SHRESTHA, BORES -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation  to  judicial  diversion  programs;  and  to  repeal  certain
   provisions of the criminal procedure 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 section 1 of chapter 435 of the
 laws of 2021, 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-two of the penal law, an offense defined in
 sections 105.10 and 105.13 of the penal law provided that the underlying
 crime  for  the conspiracy charge is a class B, C, D or E felony offense
 defined in article one hundred seventy-nine, two hundred twenty  or  two
 hundred twenty-two of the penal law, auto stripping in the second degree
 as  defined  in  section  165.10 of the penal law, auto stripping in the
 first degree as defined in section 165.11 of  the  penal  law,  identity
 theft  in  the  second  degree as defined in section 190.79 of the penal
 law, identity theft in the first degree as defined in section 190.80  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00666-01-3
              

 A. 1263                             2

 the  penal law, or any other specified offense as defined in subdivision
 five 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.
   §  3.  The opening paragraph of subdivision 1 of section 216.00 of the
 criminal procedure law, as amended by section 2 of chapter  435  of  the
 laws of 2021, 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-
 two of the penal law, an offense defined in sections 105.10  and  105.13
 of  the  penal law provided that the underlying crime for the conspiracy
 charge is a class B, C, D or E felony offense  defined  in  article  two
 hundred  twenty  or two hundred twenty-two of the penal law, auto strip-
 ping in the second degree as defined in section 165.10 of the penal law,
 auto stripping in the first degree as defined in section 165.11  of  the
 penal  law,  identity  theft  in the second degree as defined in section
 190.79 of the penal law, identity theft in the first degree  as  defined
 in  section  190.80  of the penal law, or any other specified offense as
 defined in subdivision five 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.
   § 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
 amended by chapter 435 of the laws of 2021, is  amended  and  three  new
 subdivisions 3, 5 and 6 are added to read as follows:
   2.  ["Alcohol  and substance use evaluation"] "PARTICIPANT"  MEANS  AN
 ELIGIBLE DEFENDANT WHO HAS BEEN ADMITTED INTO THE TREATMENT COURT.
   3. "FUNCTIONAL IMPAIRMENT" MEANS A CONDITION THAT IMPAIRS THE ELIGIBLE
 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,  EMOTIONAL  DISTURBANCE OR ANY OTHER DISABILITY.
 THE  COURT SHALL DEFER TO LICENSED  HEALTH  CARE  PROFESSIONALS  AND THE
 BROADER  MEDICAL  COMMUNITY CONSENSUS IN DETERMINING WHETHER A PERSON IS
 DISABLED OR FUNCTIONALLY IMPAIRED. A PERSON MAY HAVE MORE THAN ONE FUNC-
 TIONAL IMPAIRMENT.
   4. "CLINICAL EVALUATION" means a written assessment and  report  by  a
 [court-approved  entity  or]  licensed [health care professional experi-
 enced in the treatment of alcohol and substance use disorder, or] CLINI-
 CIAN QUALIFIED  TO  IDENTIFY FUNCTIONAL IMPAIRMENTS AS DEFINED IN SUBDI-
 VISION THREE OF THIS SECTION OR AN EVALUATION CONDUCTED by an  addiction
 and  substance [abuse] USE DISORDER counselor credentialed by the office
 of 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 use disorder] ONE OR MORE FUNCTIONAL IMPAIRMENTS
 THAT MAY INCLUDE BUT NOT BE LIMITED TO A MENTAL DISORDER, as [such terms
 are]  defined  in  the MOST RECENT EDITION OF THE diagnostic and statis-
 tical manual of mental disorders, [fifth  edition,  and  a  co-occurring
 mental  disorder or mental illness and the relationship between such use
 and mental disorder or mental illness,] if any;
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   (b) a  recommendation  as  to  whether  the  defendant's  [alcohol  or
 substance  use]  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  use  and  any  co-occurring  mental disorder or
 illness] FUNCTIONAL IMPAIRMENTS IN ACCORDANCE WITH FEDERAL LAW REQUIRING
 THE MOST INTEGRATED SETTING APPROPRIATE TO THE NEEDS OF INDIVIDUALS WITH
 DISABILITIES; and
   (d) any other information,  factor,  circumstance,  or  recommendation
 deemed relevant by the assessing entity or specifically requested by the
 court.
   5.  "TREATMENT" MEANS ONE OR MORE EVIDENCE-BASED INTERVENTIONS INCLUD-
 ING, BUT NOT LIMITED  TO,  COUNSELING,  PSYCHOTHERAPY,  PHARMACOTHERAPY,
 PSYCHIATRIC MEDICATION, HEALTH PROMOTION, AND OVERDOSE PREVENTION EDUCA-
 TION.  FOR  SUBSTANCE  USE  DISORDERS,  TREATMENT  INCLUDES ANY CLINICAL
 SERVICE OR INTERVENTION THAT ASSISTS INDIVIDUALS TO ACHIEVE RECOVERY  IN
 THE FORM OF: (A) ABSTINENCE FROM ALL OR CERTAIN PSYCHOACTIVE SUBSTANCES;
 (B)  A  CHANGE  OR  REDUCTION IN USE; OR (C) IMPROVED WELL-BEING, SOCIAL
 STABILITY AND THE ALLEVIATION OF ASSOCIATED HARMS.
   6. "TREATMENT PROVIDER" MEANS A PERSON OR  ORGANIZATION  QUALIFIED  TO
 PROVIDE  INTERVENTIONS RESPONSIVE TO THE NEEDS IDENTIFIED BY THE PARTIC-
 IPANT AND CLINICIAN DURING THE CLINICAL EVALUATION.
   § 6. Section 216.05 of the criminal procedure law, as amended by chap-
 ter 435 of the laws of 2021, is amended to read as follows:
 § 216.05 Judicial diversion program; court procedures.
   1. At any time after the LOCAL CRIMINAL COURT arraignment of an eligi-
 ble defendant, but prior to the  entry  of  a  plea  of  guilty  or  the
 commencement  of trial, the court at the request of the eligible defend-
 ant, [may] SHALL order [an alcohol and substance use] A CLINICAL  evalu-
 ation  FOR ALL KNOWN FUNCTIONAL IMPAIRMENTS. SUCH EVALUATIONS SHALL TAKE
 PLACE WITHOUT UNDUE DELAY.
   (A) THE POSSIBILITY OF BEING EVALUATED SHALL NOT BE  CONTINGENT  ON  A
 WAIVER  OF  ANY OTHER SECTIONS OF THIS CHAPTER EXCEPT SUBDIVISION ONE OF
 SECTION 30.30 OF THIS CHAPTER.
   (B) An eligible defendant may decline to [participate in] UNDERGO such
 an evaluation at any time.
   (C) 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 prosecutor, the  local  probation  depart-
 ment, the court, authorized court personnel and other individuals speci-
 fied  in  such authorization for the sole purpose of determining whether
 the defendant should be offered judicial  diversion  for  treatment  for
 [substance  use,  alcohol  use  and  any co-occurring mental disorder or
 mental illness] A FUNCTIONAL IMPAIRMENT.
   (D) NO STATEMENT OR OTHER DISCLOSURE, WRITTEN OR OTHERWISE, MADE BY  A
 DEFENDANT  TO  A  PROFESSIONAL COMPLETING THE CLINICAL EVALUATION MAY BE
 USED BY THE PROSECUTION TO PROVE ANY CRIME OR  OFFENSE  ALLEGED  IN  THE
 PENDING CASE. ALL SUCH STATEMENTS SHALL BE USED ONLY FOR THE PURPOSES OF
 MAKING RECOMMENDATIONS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION AND
 SHALL OTHERWISE REMAIN CONFIDENTIAL.
   2.  Upon receipt of the completed [alcohol and substance use] CLINICAL
 evaluation report, the court shall provide a copy of the report  to  the
 eligible defendant and the [prosecutor] DEFENDANT'S COUNSEL.
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   3.  (a)  Upon [receipt] REVIEW of the evaluation report [either party]
 THE DEFENDANT may request a hearing on the issue of whether the  [eligi-
 ble]  defendant  IS AN ELIGIBLE DEFENDANT AND should be offered [alcohol
 or substance use] treatment pursuant to this article.  AT THE TIME  THAT
 THE  DEFENDANT  REQUESTS  A  HEARING,  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]
 PARTICIPANT  is  found to need [alcohol or substance use] treatment, the
 court may consider oral and written arguments, [may] take testimony from
 witnesses offered by either  party,  and  [may]  consider  any  relevant
 evidence [including, 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 five of
 section 410.91 of this chapter, or section  165.10,  165.11,  190.79  or
 190.80 of the penal law, any statement of or submitted by the victim, as
 defined  in  paragraph  (a) of subdivision two of section 380.50 of this
 chapter] EXCEPT SEALED CASES DEFINED IN SECTION 160.50 OF THIS CHAPTER.
   (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 use;
   (iii)  such  alcohol  or  substance  use]  THE  DEFENDANT'S FUNCTIONAL
 IMPAIRMENT is LIKELY a contributing factor to [the defendant's  criminal
 behavior]  THEIR  CURRENT  OR  FUTURE  INVOLVEMENT IN THE CRIMINAL LEGAL
 SYSTEM;
   [(iv)] (III) the defendant's participation in judicial diversion could
 effectively address such [use] FUNCTIONAL IMPAIRMENT; and
   [(v) institutional confinement of the  defendant  is  or  may  not  be
 necessary  for the protection of the public] (IV) THE DEFENDANT'S ACCESS
 TO TREATMENT THROUGH THIS ARTICLE  WOULD  BENEFIT  THE  PUBLIC  AND  THE
 DEFENDANT.
   (C) WHERE THERE HAS BEEN A FINDING IN THE CLINICAL EVALUATION THAT THE
 DEFENDANT  HAS  A MENTAL DISORDER, AS DEFINED IN THE MOST RECENT EDITION
 OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, OR A CLIN-
 ICAL DIAGNOSIS OF ANOTHER SERIOUS FUNCTIONAL IMPAIRMENT THERE SHALL BE A
 PRESUMPTION THAT THE DEFENDANT IS AN ELIGIBLE 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 use] treatment, or when the parties and
 the court agree to [an eligible defendant's participation in alcohol  or
 substance  use]  treatment, an eligible defendant [may] SHALL be allowed
 to participate in the judicial diversion program offered by  this  arti-
 cle.    [Prior  to the court's issuing an order granting judicial diver-
 sion, 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. 1263                             5

   (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) ELIGIBLE DEFENDANTS SHALL NOT BE REQUIRED  TO  SUBMIT  A  PLEA  OF
 GUILTY TO PARTICIPATE IN JUDICIAL DIVERSION.
   (C) PRIOR PARTICIPATION IN TREATMENT OR COURT-MANDATED TREATMENT SHALL
 NOT PRECLUDE FUTURE TREATMENT PARTICIPATION.
   (D)  ELIGIBLE DEFENDANTS SHALL NOT BE PRECLUDED FROM DIVERSION BECAUSE
 OF A LACK OF RESOURCES IN THE COMMUNITY.
   (E) AN ELIGIBLE  DEFENDANT  SHALL  NOT  BE  PRECLUDED  FROM  DIVERSION
 BECAUSE OF THEIR GENDER IDENTITY.
   (F)  THERE  SHALL BE A PRESUMPTION THAT PARTICIPANTS SHALL BE AFFORDED
 THE OPPORTUNITY TO REMAIN AT LIBERTY WHILE AWAITING CLINICAL  EVALUATION
 OR TREATMENT PLACEMENT.
   5. The [defendant] PARTICIPANT shall agree on the record or in writing
 to  abide  by the [release] JUDICIAL DIVERSION PROGRAM conditions set by
 the court, which[,] shall include[:] participation in a specified period
 of [alcohol or substance  use]  treatment  at  a  specified  program  or
 programs  [identified by the court, which may include periods of detoxi-
 fication,]. IN SETTING THE PROGRAM CONDITIONS, THE COURT SHALL  CONSIDER
 THE  PARTICIPANT'S  ASSESSMENT AND TREATMENT PLAN, AS AGREED UPON BY THE
 PARTICIPANT AND TREATMENT PROVIDER, IN ADDITION TO THE  CLINICAL  EVALU-
 ATION. THE COURT SHALL NOT CONSIDER THE NATURE OF A PARTICIPANT'S CHARG-
 ES. JUDICIAL DIVERSION PROGRAM CONDITIONS MAY INCLUDE:
   (A)  LIMITED  OR  INTENSIVE  OUTPATIENT TREATMENT IN WHICH THE PARTIC-
 IPANT, REGARDLESS OF WHETHER THEY HAVE PERMANENT  HOUSING  OR  NOT,  MAY
 RESIDE IN THE COMMUNITY;
   (B)  LIMITED PERIODS OF DETOXIFICATION OR INPATIENT REHABILITATION FOR
 PARTICIPANTS WITH SUBSTANCE USE DISORDERS,  EXCEPT  THAT  DETOXIFICATION
 SHALL  NOT  BE  USED  AS  A  SANCTION  AND  DETOXIFICATION SHALL ONLY BE
 REQUIRED  AS  PREPARATION  FOR  A  TREATMENT  ADMISSION  OR   MEDICATION
 INDUCTION;
   (C)  residential  [or  outpatient]  treatment[,  or both]. IF ORDERING
 RESIDENTIAL TREATMENT, PLACEMENT SHALL BE IN THE MOST INTEGRATED SETTING
 APPROPRIATE FOR THE PARTICIPANT'S NEEDS TO AVOID DISCRIMINATION  ON  THE
 BASIS OF DISABILITY, IN ACCORDANCE WITH FEDERAL LAW, as determined after
 taking  into  account  the  views  of  the  health care professional who
 conducted the MENTAL HEALTH ASSESSMENT  OR  alcohol  and  substance  use
 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  urinaly-
 sis;  (ii)]  BE  AN  ELECTRONIC APPEARANCE PURSUANT TO SECTION 182.20 OF
 THIS PART UPON CONSENT OF THE PARTICIPANT. THE COURT SHALL CONSIDER  THE
 PARTICIPANT'S  SERVICE  ENGAGEMENT  AND  TREATMENT NEEDS WHEN SCHEDULING
 PERIODIC COURT APPEARANCES  AND  SHALL  ATTEMPT  TO  MINIMIZE  TREATMENT
 DISRUPTION;
   (E)  PERIODIC DRUG SCREENING AS NEEDED, WHEN RECOMMENDED BY THE TREAT-
 MENT PROVIDER AS PART OF A PARTICIPANT'S TREATMENT PLAN. DRUG  SCREENING
 METHODS  SHALL  ONLY  INCLUDE ORAL SWABS, SWEAT PATCHES, OR NON-OBSERVED
 URINALYSIS;
   (F) OTHER TREATMENT AS RECOMMENDED BY THE TREATMENT PROVIDER; AND
 A. 1263                             6
 
   (G) a requirement that the [defendant] PARTICIPANT refrain from engag-
 ing in criminal behaviors[; (iii) if the defendant needs  treatment  for
 opioid use, that he or she].
   5-A. THE COURT SHALL NOT REQUIRE A PARTICIPANT TO CONSENT TO SHARE, OR
 AUTHORIZE  THE TREATMENT PROVIDER TO SHARE, PROTECTED HEALTH INFORMATION
 IN ACCORDANCE WITH THE HEALTH INSURANCE PORTABILITY  AND  ACCOUNTABILITY
 ACT  PRIVACY RULE (45 CFR PARTS 160 AND 164), WITH THE COURT. EXCEPTIONS
 INCLUDE:
   (A) RECORD OF ATTENDANCE AND RELEVANT BARRIERS TO ATTENDANCE;
   (B) TREATMENT PLAN AND ANY RECOMMENDED  CHANGES  TO  THE  PLAN  DURING
 PARTICIPATION IN JUDICIAL DIVERSION; AND
   (C) DRUG TOXICOLOGY RESULTS, WHEN PART OF THE TREATMENT PLAN.
   5-B. IF THE PARTICIPANT HAS A CONDITION REQUIRING PRESCRIPTION MEDICA-
 TION,  OR  HAS ANOTHER CONDITION REQUIRING PRESCRIPTION MEDICATION, THEY
 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].
   (A) NO court shall require the use of any specified type or  brand  of
 drug during the course of medically prescribed [drug] treatments.
   (B)  NO  COURT SHALL PENALIZE OR SANCTION A PARTICIPANT FOR PERIODS OF
 VOLUNTARY HOSPITALIZATION, RESPITE CARE, OR OTHER  FORMS  OF  SUPPORTIVE
 CARE.
   5-C.  TREATMENT  PROVIDERS  SHALL COLLABORATE WITH THE PARTICIPANT AND
 CLINICAL COURT STAFF TO CREATE A DISCHARGE PLAN PRIOR TO  COMPLETION  OF
 DIVERSION  TO  INCORPORATE PEER SUPPORT, HOUSING AND EMPLOYMENT SUPPORT,
 AND HOW TO ACCESS OTHER COMMUNITY-BASED HEALTH SERVICES.  IF  A  PARTIC-
 IPANT  FINISHES  THEIR  INPATIENT  OR  OUTPATIENT TREATMENT COURSE, THEY
 SHALL BE CONSIDERED TO HAVE SUCCESSFULLY COMPLETED THEIR  OBLIGATION  TO
 THE  COURT,  REGARDLESS  OF  THEIR  ABILITY TO SECURE PERMANENT HOUSING,
 EMPLOYMENT, OR OTHER PERSONAL GOALS IDENTIFIED BY THE PARTICIPANT.
   6. Upon [an eligible defendant's] A PARTICIPANT'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]  PARTICIPANT'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 use] treatment shall begin as specified
 by the court and as soon as practicable after the [defendant's]  PARTIC-
 IPANT'S  release,  taking into account the availability of treatment, so
 as to facilitate early intervention with  respect  to  the  [defendant's
 substance  use or condition] PARTICIPANT'S FUNCTIONAL IMPAIRMENT 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] PARTICIPANT'S  INVOLVEMENT  in
 the  judicial  diversion  program, the court may release the [defendant]
 PARTICIPANT 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 [chemical abuse  and  chemical  dependence]  FUNCTIONAL
 IMPAIRMENT  however  defined in such policy; shall first seek reimburse-
 ment for such treatment in accordance with the provisions of such policy
 or contract. THE COURT IN ITS DISCRETION MAY ORDER  THE  PARTICIPANT  TO
 A. 1263                             7
 
 OBTAIN PUBLIC INSURANCE SUCH AS MEDICAID OR MEDICARE IF THEY SO QUALIFY.
 HOWEVER,  THE  PARTICIPANT  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.  (A)  During  the  period  of a [defendant's participation] PARTIC-
 IPANT'S INVOLVEMENT in the judicial  diversion  program,  the  TREATMENT
 court   shall   retain  jurisdiction  of  the  [defendant]  PARTICIPANT,
 provided, however, that the court [may]  SHALL  allow  such  [defendant]
 PARTICIPANT  to  (i)  reside  in  another jurisdiction, [or] AND/OR (ii)
 participate in [alcohol and substance use] treatment and other  programs
 in  the  jurisdiction where the defendant resides or in any other juris-
 diction, 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  TRANSFER  THE
 PARTICIPANT'S  CASE  TO  THE  JUDICIAL  DIVERSION COURT IN THE COUNTY IN
 WHICH THE PARTICIPANT RESIDES PURSUANT TO SUBDIVISION  FIVE  OF  SECTION
 170.15 OF THIS PART, SUBDIVISION FOUR OF SECTION 180.20 OF THIS PART, OR
 SECTION 230.21 OF THIS PART TO ENSURE CONTINUITY OF TREATMENT.
   (B)  The  court  may  require the [defendant] PARTICIPANT to appear in
 court OR REMOTELY at any  time  to  enable  the  court  to  monitor  the
 [defendant's]  progress  in  [alcohol  or  substance use] treatment. The
 court shall provide notice, reasonable under the circumstances,  to  the
 people,  the  treatment  provider,  the  [defendant] PARTICIPANT and the
 [defendant's] PARTICIPANT'S counsel  whenever  it  orders  or  otherwise
 requires the appearance of the [defendant] PARTICIPANT 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 [defend-
 ant] PARTICIPANT.
   9.  (a)  If at any time during the [defendant's participation] PARTIC-
 IPANT'S ENGAGEMENT in the judicial  diversion  program,  the  court  has
 reasonable  grounds  to  believe  that  the  [defendant] PARTICIPANT has
 violated a [release] PROGRAM 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] PARTICIPANT
 to appear [or issue a bench warrant to a police officer or an  appropri-
 ate peace officer directing him or her to take the defendant into custo-
 dy  and  bring the defendant before the court without unnecessary delay;
 provided, however, that under no circumstances  shall  a  defendant  who
 requires  treatment  for opioid use be deemed to have violated a release
 condition on  the  basis  of  his  or  her  participation  in  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]  FOR A HEARING ON THE
 VIOLATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION  WITH  AT  LEAST
 FORTY-EIGHT  HOURS  NOTICE TO THE PARTICIPANT OR THE PARTICIPANT'S COUN-
 SEL, UNLESS NOTICE IS WAIVED BY THE PARTICIPANT.    THE  COURT  MAY  NOT
 MODIFY THE PARTICIPANT'S SECURING ORDER UNTIL SUCH TIME AS THE HEARING'S
 CONCLUSION.  The  relevant  provisions of section 530.60 of this chapter
 relating to issuance of securing orders shall apply to such  proceedings
 under  this  subdivision.    THERE IS A PRESUMPTION THAT A BENCH WARRANT
 SHALL NOT BE ISSUED FOR PARTICIPANTS IN JUDICIAL DIVERSION.
   (b) In determining whether a [defendant] PARTICIPANT violated a condi-
 tion of [his or her release under] the  judicial  diversion  program  OR
 WILLFULLY  FAILED  TO  APPEAR  IN COURT, the court [may] SHALL conduct a
 [summary] hearing consistent with due process [and sufficient] to satis-
 A. 1263                             8
 
 fy the court that the [defendant] PARTICIPANT has, in fact, violated the
 condition OR WILLFULLY FAILED TO APPEAR.
   (I)  THE  COURT SHALL PROVIDE REASONABLE NOTICE TO THE PARTICIPANT AND
 THE PARTICIPANT'S COUNSEL, BUT IN NO CIRCUMSTANCE LESS THAN  FORTY-EIGHT
 HOURS NOTICE, UNLESS NOTICE IS WAIVED BY THE PARTICIPANT.
   (II) THE PEOPLE SHALL BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINC-
 ING  EVIDENCE THAT THE PARTICIPANT HAS VIOLATED A CONDITION OF THE JUDI-
 CIAL DIVERSION PROGRAM IN AN  IMPORTANT  RESPECT.  THE  PARTICIPANT  MAY
 CROSS-EXAMINE WITNESSES AND MAY PRESENT RELEVANT, ADMISSIBLE EVIDENCE ON
 THEIR  OWN  BEHALF. THE COURT SHALL CONSIDER ALL FACTORS RELATING TO THE
 PARTICIPANT'S CURRENT MENTAL HEALTH OR COGNITIVE STATUS,  THEIR  ENGAGE-
 MENT  WITH  JUDICIAL  DIVERSION PRIOR TO THIS TIME, AS WELL AS ANY OTHER
 FACTORS THAT MAY HAVE IMPACTED THEIR PARTICIPATION OR ALLEGED VIOLATION.
   (III) A BENCH WARRANT SHALL NOT BE ISSUED  ABSENT  A  FINDING  BY  THE
 COURT  THAT  THE  ALLEGED VIOLATION OR FAILURE TO APPEAR WAS WILLFUL. IN
 DETERMINING WILLFULNESS, THE COURT SHALL CONSIDER: THE NEXUS BETWEEN THE
 PARTICIPANT'S VIOLATION  OR  FAILURE  TO  APPEAR  AND  THEIR  FUNCTIONAL
 IMPAIRMENT; WHETHER AN APPROPRIATE TREATMENT PLAN IS CURRENTLY IN PLACE;
 THE  PARTICIPANT'S  HISTORY  OF  MAKING COURT APPEARANCES IN THE INSTANT
 MATTER; AND A HISTORY OF POSITIVE ENGAGEMENT WITH TREATMENT STAFF OR THE
 COURT.
   (IV) UNDER NO CIRCUMSTANCES SHALL A PARTICIPANT WHO REQUIRES TREATMENT
 FOR A FUNCTIONAL IMPAIRMENT BE DEEMED TO HAVE VIOLATED A PROGRAM  CONDI-
 TION  ON THE PARTICIPATION IN 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.
   (V)  IF THE COURT FINDS A REASONABLE EXPLANATION OR MITIGATION FOR ANY
 ALLEGED VIOLATION OR ALLEGED WILLFUL FAILURE  TO  APPEAR,  THE  SECURING
 ORDER SHALL NOT BE MODIFIED.
   (VI)  THE COURT MAY SEAL PORTIONS OF THE PROCEEDING RELATED TO COLLAT-
 ERAL CONSEQUENCES AT THE REQUEST OF THE  PARTICIPANT  AND  PARTICIPANT'S
 COUNSEL.
   (c)  If the court determines BY CLEAR AND CONVINCING EVIDENCE that the
 [defendant] PARTICIPANT has violated a condition of his or  her  release
 under  the  judicial diversion program, the court may PERMIT THE PARTIC-
 IPANT TO CONTINUE THEIR TREATMENT MANDATE AS PREVIOUSLY ORDERED;  modify
 the  [conditions  thereof,  reconsider the order of recognizance or bail
 pursuant to subdivision two of section 510.30 of this  chapter,]  TREAT-
 MENT  PLAN PER THE RECOMMENDATION OF THE TREATMENT PROVIDER; HOLD TREAT-
 MENT IN ABEYANCE UNTIL THE UNDERLYING MATTER THAT CAUSED  THE  VIOLATION
 IS  RESOLVED; or terminate the [defendant's] PARTICIPANT'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 into account] IF NO  OTHER  TREAT-
 MENT OPTION IS AVAILABLE.  THE COURT SHALL CONSIDER:
   (I)  the  length of time the [defendant] PARTICIPANT spent in residen-
 tial 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];
   (II) all relevant circumstances, including the views of  the  prosecu-
 tor, the defense and the [alcohol or substance use] PARTICIPANT'S INTER-
 A. 1263                             9
 
 EST  IN  CONTINUING treatment [provider, and the extent to which persons
 who ultimately successfully complete a drug treatment regimen sometimes]
 OR THE PROGRAM; AND
   (III) THE ROLE OF relapse [by not abstaining from alcohol or substance
 use  or  by  failing  to comply fully with all requirements imposed by a
 treatment program] IN RECOVERY AND TREATMENT.
   (D) The court shall [also consider using] USE a  system  of  graduated
 and  appropriate responses [or sanctions] designed to address such inap-
 propriate behaviors[,  protect  public  safety]  and  facilitate,  where
 possible, successful completion of the [alcohol or substance use] treat-
 ment program.
   [(d)]  (E) Nothing in this subdivision shall be construed [as prevent-
 ing 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
 [defendant]  PARTICIPANT for the commission of a different offense while
 participating in the judicial diversion program. PRIOR  TO  SUCH  TERMI-
 NATION,  THE  PARTICIPANT  SHALL BE ENTITLED TO A HEARING AT WHICH CLEAR
 AND CONVINCING EVIDENCE 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 FINDING, THERE CAN BE NO TERMINATION.
   [(e)] (F) A [defendant] PARTICIPANT may at any time advise  the  court
 that  [he  or  she  wishes]  THEY WISH 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 contra-
 ry, 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] TRANSFER THE CASE BACK TO THE  APPROPRIATE  TRIAL
 PART.
   10.  Upon  the  court's determination that the [defendant] PARTICIPANT
 has successfully completed the required period of [alcohol or  substance
 use]  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
 diversion 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 (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  offense  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] DISMISS the  indictment  OR  SUPERIOR  COURT
 INFORMATION,   FELONY  COMPLAINT,  MISDEMEANOR  COMPLAINT,  INFORMATION,
 A. 1263                            10
 
 SIMPLIFIED INFORMATION, OR PROSECUTOR'S INFORMATION AND  SEAL  THE  CASE
 PURSUANT TO SECTION 160.50 OF THIS CHAPTER.
   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 use] treatment.
   § 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 AND DIVERSION COURT PERSONNEL  SHALL  RECEIVE
 ANNUAL  TRAINING  IN  SPECIALIZED  AREAS,  INCLUDING, BUT NOT LIMITED TO
 DISABILITY, MENTAL ILLNESS, AND SUBSTANCE USE DISORDER NEEDS,  INCLUDING
 CO-OCCURRING  DISORDERS,  EVIDENCE  BASED PRACTICES, AND TRAUMA-INFORMED
 CARE, AS WELL AS TRAINING IN PROCEDURAL JUSTICE AND CULTURAL  COMPETENCY
 AND  MEDICAID  OR  MEDICARE  ELIGIBILITY. 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 PARTICIPANTS. EACH SUCH REPORT, IN  ADDITION  TO
 OTHER RELEVANT INFORMATION, SHALL SET FORTH, DISAGGREGATED BY EACH COUN-
 TY SERVED:
   (A)  THE  NUMBER  OF PARTICIPANTS WITH CASES IN THE DIVERSION PART FOR
 EACH OF THE FOLLOWING  CATEGORIES,  BROKEN  DOWN  BY  GENDER,  RACE  AND
 ETHNICITY:
   (I) THE NUMBER OF PEOPLE WHO MAKE AN APPLICATION FOR EVALUATION;
   (II)  THE  NUMBER  OF PEOPLE WHO ARE ACCEPTED INTO JUDICIAL DIVERSION;
 AND
   (III) THE NUMBER OF PEOPLE WHO SUCCESSFULLY COMPLETE THE PROGRAM;
   (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  DEMOGRAPHIC  MAKEUP  OF  PARTICIPANTS IN THE DIVERSION PART,
 BROKEN DOWN BY RACE, ETHNICITY, AGE AND SEX OF PARTICIPANTS;
   (D) THE CRIMES WITH WHICH EACH PARTICIPANT 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 PARTICIPANTS.
   § 8. Subdivision 5 of section 170.15 of the criminal procedure law, as
 amended  by  chapter  91  of  the  laws  of  2021, is amended to read as
 follows:
   5. [(a)] Notwithstanding any provision of this section to the  contra-
 ry,  in any county [outside a city having a population of one million or
 more], upon or after arraignment of a defendant  on  an  information,  a
 A. 1263                            11
 
 simplified  information,  a  prosecutor's  information  or a misdemeanor
 complaint pending in a local criminal court,  such  court  [may]  SHALL,
 upon  motion of the defendant [and after giving the district attorney an
 opportunity  to  be  heard],  order  that the action be removed from the
 court in which the matter is pending to another local criminal court  in
 the  same  county,  or  [with  consent  of the district attorney and the
 district attorney of the adjoining county] to another court in [such] AN
 adjoining county, OR TO A COURT IN THE COUNTY  IN  WHICH  THE  DEFENDANT
 RESIDES  that  has  been designated as a JUDICIAL DIVERSION, human traf-
 ficking [court], or veterans treatment court by the chief  administrator
 of  the  courts, and such JUDICIAL DIVERSION, human trafficking [court],
 or veterans treatment court [may] SHALL  then  conduct  such  action  to
 judgment or other final deposition; provided, however, that no court may
 order removal pursuant to this subdivision to a veterans treatment court
 of  a  family  offense  charge  described  in subdivision one of section
 530.11 of this chapter where the accused and the person  alleged  to  be
 the  victim  of  such  offense charged are members of the same family or
 household as defined in such subdivision  one  of  section  530.11;  and
 provided  further that an order of removal issued under this subdivision
 shall not take effect until five days after the date the order is issued
 [unless, prior to such effective date, the human  trafficking  court  or
 veterans treatment court notifies the court that issued the order that:
   i.  it  will not accept the action, in which event the order shall not
 take effect; or
   ii. it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   (b)  Upon  providing  notification pursuant to subparagraph i or ii of
 paragraph (a) of this subdivision, the human trafficking court or veter-
 ans treatment court shall promptly give notice to the defendant, his  or
 her counsel, and the district attorney].
   § 9. Subdivision 4 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  91  of  the  laws  of  2021, is amended to read as
 follows:
   4. [(a)] Notwithstanding any provision of this section to the  contra-
 ry,  [in any county outside a city having a population of one million or
 more,] upon or after arraignment of a defendant on  a  felony  complaint
 pending in a local criminal court having preliminary jurisdiction there-
 of,  such  court  [may]  SHALL,  upon motion of the defendant [and after
 giving the district attorney an opportunity to be heard], order that the
 action be removed from the court in  which  the  matter  is  pending  to
 another local criminal court in the same county, or [with consent of the
 district  attorney and the district attorney of the adjoining county] to
 another court in such adjoining county, OR TO A COURT IN THE  COUNTY  IN
 WHICH  THE  DEFENDANT  RESIDES,  that  has been designated as a JUDICIAL
 DIVERSION, human trafficking [court], or veterans treatment court by the
 chief administrator of the courts, and such  JUDICIAL  DIVERSION,  human
 trafficking  [court],  or veterans treatment court may then conduct such
 action to judgment or other final disposition; provided,  however,  that
 no  court  may  order removal pursuant to this subdivision to a veterans
 treatment court of a family offense charge described in subdivision  one
 of  section  530.11  of  this  chapter  where the accused and the person
 alleged to be the victim of such offense charged are members of the same
 family or household as  defined  in  such  subdivision  one  of  section
 530.11;  and  provided  further  an  order  of removal issued under this
 subdivision shall not take effect until five days  after  the  date  the
 order  is  issued [unless, prior to such effective date, the human traf-
 A. 1263                            12

 ficking court or veterans treatment court notifies the court that issued
 the order that:
   i.  it  will not accept the action, in which event the order shall not
 take effect; or
   ii. it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   (b)  Upon  providing  notification pursuant to subparagraph i or ii of
 paragraph (a) of this subdivision, the human trafficking court or veter-
 ans treatment court shall promptly give notice to the defendant, his  or
 her counsel and the district attorney].
   §  10. Section 230.21 of the criminal procedure law, as added by chap-
 ter 91 of the laws of 2021, is amended to read as follows:
 § 230.21 Removal of action to certain courts in an adjoining  county  OR
            COUNTY IN WHICH THE DEFENDANT RESIDES.
   1. In any county [outside a city having a population of one million or
 more],  [the]  UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INDICTMENT
 PENDING IN A SUPERIOR COURT  HAVING  JURISDICTION  THEREOF,  SUCH  court
 [may]  SHALL,  upon  motion  of  the  defendant [and with consent of the
 district attorney and the district attorney of the adjoining county that
 has a superior court designated a human trafficking  court  or  veterans
 treatment  court  by  the chief administrator of the courts], order that
 the indictment and action be removed from the court in which the  matter
 is  pending  to [such] A SUPERIOR COURT IN AN ADJOINING COUNTY OR IN THE
 COUNTY IN WHICH THE DEFENDANT RESIDES THAT HAS BEEN DESIGNATED  A  JUDI-
 CIAL  DIVERSION, human trafficking [court], or veterans treatment court,
 whereupon such court may then conduct such action to judgment  or  other
 final disposition; provided, however, that no court may order removal to
 a  veterans  treatment  court  of  a  family offense charge described in
 subdivision one of section 530.11  of  this  chapter  pursuant  to  this
 section  where  the  accused  and the person alleged to be the victim of
 such offense charged are members of the  same  family  or  household  as
 defined  in such subdivision one of section 530.11; and provided further
 that an order of removal issued under this subdivision  shall  not  take
 effect until five days after the date the order is issued [unless, prior
 to  such  effective date, the human trafficking court or veterans treat-
 ment court notifies the court that issued the order that:
   (a) it will not accept the action, in which event the order shall  not
 take effect, or
   (b)  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   2. Upon providing notification pursuant to paragraph  (a)  or  (b)  of
 subdivision one of this section, the human trafficking court or veterans
 treatment  court shall promptly give notice to the defendant, his or her
 counsel and the district attorney of both counties].
   § 11. Paragraph (r) of subdivision 2 of section 212 of  the  judiciary
 law,  as  added  by  section 15 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
   (r) Ensure that cases eligible  for  judicial  diversion  pursuant  to
 article  two  hundred  sixteen  of  the  criminal procedure law shall be
 assigned to court parts in the manner provided by the chief  administra-
 tor and that, to the extent practicable, such cases are presided over by
 judges  who,  by  virtue of the structure, caseload and resources of the
 parts and the judges' training, are in  the  best  position  to  provide
 effective  supervision  over  such  cases,  such as the [drug] treatment
 courts. In compliance with these  provisions,  the  chief  administrator
 shall  [give  due  weight  to] INDIVIDUALLY ASSESS the need for diverted
 A. 1263                            13
 
 defendants to make regular court appearances, and be closely  supervised
 by  the  court, for the duration of [drug] treatment and the pendency of
 the criminal charge.
   §  12.   This   act shall take effect on the one hundred eightieth day
 after it shall have become a law; 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1263--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FORREST, WEPRIN, HEVESI, GALLAGHER, JACKSON,
   BURGOS, ANDERSON, GONZALEZ-ROJAS, BURDICK, EPSTEIN,  MAMDANI,  KELLES,
   MITAYNES,  BICHOTTE HERMELYN, DICKENS, PRETLOW, DARLING, SIMON, MEEKS,
   GLICK,  CUNNINGHAM,  L. ROSENTHAL,   CRUZ,   REYES,   WALKER,   VANEL,
   DE LOS SANTOS,  DAVILA, TAYLOR, AUBRY, CARROLL, COOK, SEAWRIGHT, RAGA,
   SHRESTHA, BORES, McDONALD, ARDILA, OTIS,  KIM,  CLARK,  TAPIA,  GIBBS,
   CHANDLER-WATERMAN,  SEPTIMO, K. BROWN, JOYNER, O'DONNELL, LEVENBERG --
   read once  and  referred  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 and the judiciary law, in
   relation  to  judicial  diversion  programs;  and  to  repeal  certain
   provisions of the criminal procedure 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 section 1 of chapter  435  of  the
 laws of 2021, 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-two of the penal law, an offense defined in
 sections 105.10 and 105.13 of the penal law provided that the underlying
 crime for the conspiracy charge is a class B, C, D or E  felony  offense
 defined  in  article one hundred seventy-nine, two hundred twenty or two
 hundred twenty-two of the penal law, auto stripping in the second degree

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00666-03-3
              

 A. 1263--A                          2

 as defined in section 165.10 of the penal law,  auto  stripping  in  the
 first  degree  as  defined  in section 165.11 of the penal law, identity
 theft in the second degree as defined in section  190.79  of  the  penal
 law,  identity theft in the first degree as defined in section 190.80 of
 the penal law, or any other specified offense as defined in  subdivision
 five  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.
   §  3.  The opening paragraph of subdivision 1 of section 216.00 of the
 criminal procedure law, as amended by section 2 of chapter  435  of  the
 laws of 2021, 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-
 two of the penal law, an offense defined in sections 105.10  and  105.13
 of  the  penal law provided that the underlying crime for the conspiracy
 charge is a class B, C, D or E felony offense  defined  in  article  two
 hundred  twenty  or two hundred twenty-two of the penal law, auto strip-
 ping in the second degree as defined in section 165.10 of the penal law,
 auto stripping in the first degree as defined in section 165.11  of  the
 penal  law,  identity  theft  in the second degree as defined in section
 190.79 of the penal law, identity theft in the first degree  as  defined
 in  section  190.80  of the penal law, or any other specified offense as
 defined in subdivision five 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.
   § 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
 amended by chapter 435 of the laws of  2021,  is  amended  and  six  new
 subdivisions 3, 4, 6, 7, 8 and 9 are added to read as follows:
   2.  ["Alcohol  and substance use evaluation"] "PARTICIPANT"  MEANS  AN
 ELIGIBLE DEFENDANT WHO HAS BEEN ADMITTED INTO JUDICIAL DIVERSION  PURSU-
 ANT TO THIS ARTICLE.
   3.   "LICENSED MENTAL HEALTH CARE PROFESSIONAL" MEANS A CLINICIAN WITH
 PROFESSIONAL EXPERIENCE, TRAINING AND  LICENSURE  WHO  IS  QUALIFIED  TO
 DIAGNOSE  OR  TREAT  PEOPLE  WITH  MENTAL  HEALTH  DISORDERS, INCLUDING:
 SUBSTANCE-RELATED AND ADDICTIVE DISORDERS, NEURODEVELOPMENTAL DISORDERS,
 NEUROCOGNITIVE DISORDERS, OR OTHER DISORDERS  AS  DEFINED  IN  THE  MOST
 RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISOR-
 DERS.
   4.  "FUNCTIONAL IMPAIRMENT" MEANS A CONDITION THAT INVOLVES CLINICALLY
 SIGNIFICANT  DISTRESS  OR  DISABILITY  IN  SOCIAL, OCCUPATIONAL OR OTHER
 AREAS OF  FUNCTIONING  DUE  TO  A  MENTAL  HEALTH  DISORDER,  INCLUDING:
 SUBSTANCE-RELATED AND ADDICTIVE DISORDERS, NEURODEVELOPMENTAL DISORDERS,
 NEUROCOGNITIVE  DISORDERS,  OR  OTHER  DISORDERS  AS DEFINED IN THE MOST
 RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISOR-
 DERS.  THE COURT SHALL DEFER TO  LICENSED  MENTAL  HEALTH  CARE  PROFES-
 SIONALS  IN  DETERMINING WHETHER A PERSON HAS A FUNCTIONAL IMPAIRMENT. A
 PERSON MAY HAVE MORE THAN ONE FUNCTIONAL IMPAIRMENT.
   5. "CLINICAL EVALUATION" means a written assessment and  report  by  a
 [court-approved  entity  or]  licensed  MENTAL  health care professional
 [experienced in the treatment of alcohol and substance use disorder, or]
 AS DEFINED IN  SUBDIVISION  THREE  OF  THIS  SECTION  OR  AN  EVALUATION
 CONDUCTED  by  an addiction and substance [abuse] USE DISORDER counselor
 A. 1263--A                          3

 credentialed by the office of 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 use disorder] ONE OR MORE FUNCTIONAL IMPAIRMENTS
 THAT  MAY  INCLUDE  BUT  NOT  BE LIMITED TO A MENTAL HEALTH DISORDER, as
 [such terms are] defined in the MOST RECENT EDITION  OF  THE  diagnostic
 and statistical manual of mental disorders, [fifth edition, and a co-oc-
 curring  mental  disorder or mental illness and the relationship between
 such use and mental disorder or mental illness,] if any;
   (b) a  recommendation  as  to  whether  the  defendant's  [alcohol  or
 substance  use]  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  use  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. "TREATMENT" MEANS ONE OR MORE EVIDENCE-BASED INTERVENTIONS  INCLUD-
 ING, BUT NOT LIMITED TO, COUNSELING, PSYCHOTHERAPY, PSYCHOTROPIC MEDICA-
 TION,  HEALTH  PROMOTION,  AND OVERDOSE PREVENTION EDUCATION.  TREATMENT
 FOR THE PURPOSES OF THIS ARTICLE DOES NOT INCLUDE TREATMENT IN A CARCER-
 AL SETTING OR IN A FORENSIC HOSPITAL PURSUANT TO ARTICLE  SEVEN  HUNDRED
 THIRTY OF THIS CHAPTER.  FOR SUBSTANCE USE DISORDERS, TREATMENT INCLUDES
 ANY CLINICAL SERVICE OR INTERVENTION THAT ASSISTS INDIVIDUALS TO ACHIEVE
 HARM REDUCTION.
   7.  "TREATMENT  PROVIDER"  MEANS A PERSON OR ORGANIZATION QUALIFIED TO
 PROVIDE INTERVENTIONS RESPONSIVE TO THE NEEDS IDENTIFIED BY THE  DEFEND-
 ANT AND CLINICIAN DURING THE CLINICAL EVALUATION.
   8.  "HARM  REDUCTION" MEANS A SET OF INTERVENTIONS TO REDUCE THE NEGA-
 TIVE CONSEQUENCES OF SUBSTANCE USE AND DOES NOT REQUIRE ABSTINENCE.
   9. "CERTIFIED PEERS" MEANS PROFESSIONALS WHO HAVE THE LIVED EXPERIENCE
 OF SUCCESSFULLY NAVIGATING RECOVERY-ORIENTED SYSTEMS  OF  CARE  WHO  ARE
 CERTIFIED  BY  THE OFFICE OF MENTAL HEALTH OR BY THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS TO PROVIDE PEER SUPPORT SERVICES. THE  PEER  MODEL
 SHOULD BE INTEGRATED INTO EVERY STAGE OF THE JUDICIAL DIVERSION PROCESS.
   § 6. Section 216.05 of the criminal procedure law, as amended by chap-
 ter 435 of the laws of 2021, is amended to read as follows:
 § 216.05 Judicial diversion program; court procedures.
   1. At any time after the LOCAL CRIMINAL COURT arraignment of an eligi-
 ble  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 use] A CLINICAL
 evaluation FOR ALL KNOWN FUNCTIONAL IMPAIRMENTS. SUCH EVALUATIONS  SHALL
 TAKE PLACE WITHOUT UNDUE DELAY.
   (A)  THE  POSSIBILITY  OF BEING EVALUATED SHALL NOT BE CONTINGENT ON A
 WAIVER OF ANY OTHER SECTIONS OF THIS CHAPTER EXCEPT SUBDIVISION  ONE  OF
 SECTION 30.30 OF THIS CHAPTER.
   [An  eligible] (B) A defendant may decline to [participate in] UNDERGO
 such an evaluation at any time.
   (C) 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 prosecutor, the  local  probation  depart-
 ment, the court, authorized court personnel and other individuals speci-
 A. 1263--A                          4
 
 fied  in  such authorization for the sole purpose of determining whether
 the defendant should be offered judicial  diversion  for  treatment  for
 [substance  use,  alcohol  use  and  any co-occurring mental disorder or
 mental illness] A FUNCTIONAL IMPAIRMENT.
   (D)  NO STATEMENT OR OTHER DISCLOSURE, WRITTEN OR OTHERWISE, MADE BY A
 DEFENDANT TO A LICENSED MENTAL HEALTH  CARE  PROFESSIONAL  OR  TREATMENT
 PROVIDER  MAY  BE  USED BY THE PROSECUTION TO PROVE ANY CRIME OR OFFENSE
 ALLEGED IN THE PENDING CASE. ALL SUCH STATEMENTS SHALL BE USED ONLY  FOR
 THE  PURPOSES OF MAKING RECOMMENDATIONS AS DEFINED IN SUBDIVISION TWO OF
 THIS SECTION AND SHALL OTHERWISE REMAIN CONFIDENTIAL.
   2. Upon receipt of the completed [alcohol and substance use]  CLINICAL
 evaluation [report], the court shall provide a copy of the report to the
 [eligible]  defendant  and  the  [prosecutor] DEFENDANT'S COUNSEL.   THE
 COURT AND THE PROSECUTOR SHALL RECEIVE A COPY OF THE CLINICAL EVALUATION
 ONLY IF THE DEFENDANT DECIDES TO PROCEED IN REQUESTING  JUDICIAL  DIVER-
 SION.
   3.  (a) Upon [receipt] REVIEW of the CLINICAL evaluation [report], THE
 PROSECUTOR AND DEFENDANT CAN AGREE TO DIVERSION BASED ON THE RECOMMENDA-
 TIONS IN THE EVALUATION REPORT. IF THE PARTIES  DISAGREE,  either  party
 may  request  a hearing on the issue of whether the [eligible] defendant
 IS AN ELIGIBLE DEFENDANT AND should be  offered  [alcohol  or  substance
 use]  treatment  pursuant  to this article.  At such a proceeding, which
 shall be held as soon as practicable so as to  facilitate  early  inter-
 vention  in  the  event  that the defendant is found to need [alcohol or
 substance use] treatment, the court may consider oral and written  argu-
 ments,  [may] take testimony from witnesses offered by either party, and
 [may] consider any relevant evidence [including,  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 five of
 section 410.91 of this chapter, or section  165.10,  165.11,  190.79  or
 190.80 of the penal law, any statement of or submitted by the victim, as
 defined  in  paragraph  (a) of subdivision two of section 380.50 of this
 chapter] EXCEPT SEALED CASES DEFINED IN SECTION 160.50 OR 160.55 OF THIS
 CHAPTER.
   (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 use;
   (iii)  such  alcohol  or  substance  use]  THE  DEFENDANT'S FUNCTIONAL
 IMPAIRMENT is LIKELY a contributing factor to [the defendant's  criminal
 behavior]  THEIR  CURRENT  OR  FUTURE  INVOLVEMENT IN THE CRIMINAL LEGAL
 SYSTEM;
   [(iv)] (III) the defendant's participation in judicial diversion could
 effectively address such [use] FUNCTIONAL IMPAIRMENT; and
   [(v) institutional confinement of the  defendant  is  or  may  not  be
 necessary  for the protection of the public] (IV) THE DEFENDANT'S ACCESS
 A. 1263--A                          5
 
 TO TREATMENT THROUGH THIS ARTICLE  WOULD  BENEFIT  THE  PUBLIC  AND  THE
 DEFENDANT.
   (C) WHERE THERE HAS BEEN A FINDING IN THE CLINICAL EVALUATION THAT THE
 DEFENDANT  HAS  A MENTAL DISORDER, AS DEFINED IN THE MOST RECENT EDITION
 OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, OR A CLIN-
 ICAL DIAGNOSIS OF ANOTHER SERIOUS FUNCTIONAL IMPAIRMENT THERE SHALL BE A
 PRESUMPTION THAT THE DEFENDANT IS AN ELIGIBLE 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 use] treatment, or when the parties and
 the court agree to [an eligible defendant's participation in alcohol  or
 substance  use]  treatment, an eligible defendant [may] SHALL be allowed
 to participate in the judicial diversion program offered by  this  arti-
 cle.    [Prior  to the court's issuing an order granting judicial diver-
 sion, 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)  ELIGIBLE  DEFENDANTS  SHALL  NOT  BE REQUIRED TO SUBMIT A PLEA OF
 GUILTY TO PARTICIPATE IN JUDICIAL DIVERSION.
   (C) PRIOR PARTICIPATION IN TREATMENT OR COURT-MANDATED TREATMENT SHALL
 NOT PRECLUDE FUTURE TREATMENT PARTICIPATION.
   (D) ELIGIBLE DEFENDANTS SHALL NOT BE PRECLUDED FROM DIVERSION  BECAUSE
 OF A LACK OF RESOURCES IN THE COMMUNITY.
   (E)  AN  ELIGIBLE  DEFENDANT  SHALL  NOT  BE  PRECLUDED FROM DIVERSION
 BECAUSE OF THEIR GENDER IDENTITY.
   5. The [defendant] PARTICIPANT shall agree on the record or in writing
 to abide by the [release] JUDICIAL DIVERSION PROGRAM conditions  set  by
 the court, which[,] shall include[:] participation in a specified period
 of  [alcohol  or  substance  use]  treatment  at  a specified program or
 programs [identified by the court, which may include periods of  detoxi-
 fication,].  IN SETTING THE PROGRAM CONDITIONS, THE COURT SHALL CONSIDER
 THE PARTICIPANT'S ASSESSMENT AND TREATMENT PLAN, AS AGREED UPON  BY  THE
 PARTICIPANT  AND  TREATMENT PROVIDER, IN ADDITION TO THE CLINICAL EVALU-
 ATION.  JUDICIAL DIVERSION PROGRAM CONDITIONS MAY INCLUDE:
   (A) LIMITED OR INTENSIVE OUTPATIENT TREATMENT IN WHICH THE PARTICIPANT
 MAY RESIDE IN THE COMMUNITY, REGARDLESS OF WHETHER THEY  HAVE  PERMANENT
 HOUSING OR NOT;
   (B)  LIMITED PERIODS OF DETOXIFICATION OR INPATIENT REHABILITATION FOR
 PARTICIPANTS WITH SUBSTANCE USE DISORDERS AS PREPARATION FOR A TREATMENT
 ADMISSION OR MEDICATION INDUCTION;
   (C) residential [or outpatient]  treatment[,  or  both].  IF  ORDERING
 RESIDENTIAL TREATMENT, PLACEMENT SHALL BE IN THE MOST INTEGRATED SETTING
 APPROPRIATE  FOR  THE PARTICIPANT'S NEEDS TO AVOID DISCRIMINATION ON THE
 BASIS OF DISABILITY, IN ACCORDANCE WITH FEDERAL LAW, as determined after
 taking into account the  views  of  the  health  care  professional  who
 conducted  the  MENTAL  HEALTH  ASSESSMENT  OR alcohol and substance use
 evaluation and any health care professionals responsible  for  providing
 such treatment or monitoring the [defendant's] PARTICIPANT'S progress in
 such treatment; [and may include: (i)]
 A. 1263--A                          6
 
   (D)  periodic  court appearances, which may [include periodic urinaly-
 sis; (ii)] BE AN ELECTRONIC APPEARANCE PURSUANT  TO  SECTION  182.20  OF
 THIS  PART UPON CONSENT OF THE PARTICIPANT. THE COURT SHALL CONSIDER THE
 PARTICIPANT'S SERVICE ENGAGEMENT AND  TREATMENT  NEEDS  WHEN  SCHEDULING
 PERIODIC  COURT  APPEARANCES  AND  SHALL  ATTEMPT  TO MINIMIZE TREATMENT
 DISRUPTION;
   (E) PERIODIC DRUG SCREENING AS NEEDED, WHEN RECOMMENDED BY THE  TREAT-
 MENT  PROVIDER AS PART OF A PARTICIPANT'S TREATMENT PLAN. DRUG SCREENING
 METHODS SHALL ONLY INCLUDE ORAL SWABS, SWEAT  PATCHES,  OR  NON-OBSERVED
 URINALYSIS;
   (F) OTHER TREATMENT AS RECOMMENDED BY THE TREATMENT PROVIDER; AND
   (G) a requirement that the [defendant] PARTICIPANT refrain from engag-
 ing  in  criminal behaviors[; (iii) if the defendant needs treatment for
 opioid use, that he or she].
   5-A. THE COURT SHALL NOT REQUIRE A PARTICIPANT TO CONSENT TO SHARE, OR
 AUTHORIZE THE TREATMENT PROVIDER TO SHARE, PROTECTED HEALTH  INFORMATION
 IN  ACCORDANCE  WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
 ACT PRIVACY RULE (45 CFR PARTS 160 AND 164), WITH THE COURT.  EXCEPTIONS
 INCLUDE:
   (A) RECORD OF ATTENDANCE AND RELEVANT BARRIERS TO ATTENDANCE;
   (B)  TREATMENT  PLAN  AND  ANY  RECOMMENDED CHANGES TO THE PLAN DURING
 PARTICIPATION IN JUDICIAL DIVERSION; AND
   (C) DRUG TOXICOLOGY RESULTS, WHEN PART OF THE TREATMENT PLAN.
   5-B.  IF  THE  PARTICIPANT  HAS  ONE  OR  MORE  CONDITIONS   REQUIRING
 PRESCRIPTION  MEDICATION  THEY  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].
   (A) NO COURT SHALL LIMIT THE MEDICATIONS THAT A LICENSED MENTAL HEALTH
 CARE PROFESSIONAL RECOMMENDS PRESCRIBING FOR THE PARTICIPANT;
   (B) NO court shall require the use of any specified type or  brand  of
 drug during the course of medically prescribed [drug] treatments[.]; AND
   (C)  NO  COURT SHALL PENALIZE OR SANCTION A PARTICIPANT FOR PERIODS OF
 VOLUNTARY HOSPITALIZATION, RESPITE CARE, OR OTHER  FORMS  OF  SUPPORTIVE
 CARE.
   5-C.  TREATMENT  PROVIDERS  SHALL COLLABORATE WITH THE PARTICIPANT AND
 CLINICAL COURT STAFF TO CREATE A DISCHARGE PLAN PRIOR TO  COMPLETION  OF
 DIVERSION  TO  INCORPORATE PEER SUPPORT, HOUSING AND EMPLOYMENT SUPPORT,
 AND HOW TO ACCESS OTHER COMMUNITY-BASED HEALTH SERVICES.  IF  A  PARTIC-
 IPANT  FINISHES  THEIR  TREATMENT PLAN, THEY SHALL BE CONSIDERED TO HAVE
 SUCCESSFULLY COMPLETED THEIR OBLIGATION  TO  THE  COURT,  REGARDLESS  OF
 THEIR ABILITY TO SECURE PERMANENT HOUSING, EMPLOYMENT, OR OTHER PERSONAL
 GOALS IDENTIFIED BY THE PARTICIPANT.
   5-D.  UPON  REQUEST BY THE DEFENSE, THE COURT SHALL ALLOW PARTICIPANTS
 TO CONSULT A DIFFERENT MENTAL HEALTH  CARE  PROFESSIONAL  FOR  A  SECOND
 OPINION AND PROPOSE AN ALTERNATIVE TREATMENT PLAN. ANY ALTERNATIVE OPIN-
 ION  OR ALTERNATIVE TREATMENT PLAN SHALL BE CONSIDERED BY THE COURT WHEN
 DETERMINING THE TREATMENT PLAN.
   6. Upon [an eligible defendant's] A PARTICIPANT'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]  PARTICIPANT'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 use] treatment shall begin as specified
 by the court and as soon as practicable after the [defendant's]  PARTIC-
 IPANT'S  release,  taking into account the availability of treatment, so
 A. 1263--A                          7
 
 as to facilitate early intervention with  respect  to  the  [defendant's
 substance  use or condition] PARTICIPANT'S FUNCTIONAL IMPAIRMENT 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] PARTICIPANT'S  INVOLVEMENT  in
 the  judicial  diversion  program, the court may release the [defendant]
 PARTICIPANT 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 [chemical abuse  and  chemical  dependence]  FUNCTIONAL
 IMPAIRMENT  however  defined in such policy; shall first seek reimburse-
 ment for such treatment in accordance with the provisions of such policy
 or contract. THE COURT IN ITS DISCRETION MAY ORDER  THE  PARTICIPANT  TO
 APPLY FOR PUBLIC INSURANCE IF THEY SO QUALIFY.  THE COURT SHALL NOT DENY
 ACCESS TO TREATMENT FOR INABILITY TO PAY.
   8.  (A)  During  the  period  of a [defendant's participation] PARTIC-
 IPANT'S INVOLVEMENT in the judicial  diversion  program,  the  TREATMENT
 court   shall   retain  jurisdiction  of  the  [defendant]  PARTICIPANT,
 provided, however, that the court [may]  SHALL  allow  such  [defendant]
 PARTICIPANT  to  (i)  reside  in  another jurisdiction, [or] AND/OR (ii)
 participate in [alcohol and substance use] treatment and other  programs
 in  the jurisdiction where the [defendant] PARTICIPANT 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]
 PARTICIPANT pursuant to subdivisions five and six of this section.   THE
 COURT  MAY  TRANSFER  THE  PARTICIPANT'S  CASE TO THE JUDICIAL DIVERSION
 COURT IN THE COUNTY IN WHICH THE PARTICIPANT RESIDES PURSUANT TO  SUBDI-
 VISION  FIVE OF SECTION 170.15 OF THIS PART, SUBDIVISION FOUR OF SECTION
 180.20 OF THIS PART, OR SECTION 230.21 OF THIS PART TO ENSURE CONTINUITY
 OF TREATMENT.
   (B) The court may require the [defendant]  PARTICIPANT  to  appear  in
 court  [at  any  time]  OR  REMOTELY  to enable the court to monitor the
 [defendant's] PARTICIPANT'S  progress  in  [alcohol  or  substance  use]
 treatment.    THE  FREQUENCY  OF  APPEARANCES  SHALL TAKE INTO ACCOUNT A
 PERSON'S INDIVIDUAL CIRCUMSTANCES AND TREATMENT PROGRESS  IN  ACCORDANCE
 WITH  BEST  PRACTICES.  The court shall provide notice, reasonable under
 the circumstances, to the people, the treatment provider,  the  [defend-
 ant] PARTICIPANT and the [defendant's] PARTICIPANT'S counsel whenever it
 orders  or  otherwise  requires  the  appearance  of  the [defendant in]
 PARTICIPATION FOR court APPEARANCES. Failure to appear as required with-
 out reasonable cause therefor shall constitute a violation of the condi-
 tions of the court's agreement with the [defendant] PARTICIPANT.
   9. (a) If at any time during the [defendant's  participation]  PARTIC-
 IPANT'S  ENGAGEMENT  in  the  judicial  diversion program, the court has
 reasonable grounds to  believe  that  the  [defendant]  PARTICIPANT  has
 violated  a  [release]  PROGRAM 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]  PARTICIPANT
 to  appear [or issue a bench warrant to a police officer or an appropri-
 ate peace officer directing him or her to take the defendant into custo-
 dy and bring the defendant before the court without  unnecessary  delay;
 A. 1263--A                          8

 provided,  however,  that  under  no circumstances shall a defendant who
 requires treatment for opioid use be deemed to have violated  a  release
 condition  on  the  basis  of  his  or  her  participation  in 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]  FOR A HEARING ON THE
 VIOLATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION  WITH  AT  LEAST
 FORTY-EIGHT  HOURS  NOTICE TO THE PARTICIPANT OR THE PARTICIPANT'S COUN-
 SEL, UNLESS NOTICE IS WAIVED BY THE PARTICIPANT.    THE  COURT  MAY  NOT
 MODIFY THE PARTICIPANT'S SECURING ORDER UNTIL SUCH TIME AS THE HEARING'S
 CONCLUSION.  The  relevant  provisions of section 530.60 of this chapter
 relating to issuance of securing orders shall apply to such  proceedings
 under  this  subdivision.    THERE IS A PRESUMPTION THAT A BENCH WARRANT
 SHALL NOT BE ISSUED FOR PARTICIPANTS IN JUDICIAL DIVERSION.
   (b) In determining whether a [defendant] PARTICIPANT violated a condi-
 tion of [his or her release under] the  judicial  diversion  program  OR
 WILLFULLY  FAILED  TO  APPEAR  IN COURT, the court [may] SHALL conduct a
 [summary] hearing consistent with due process [and sufficient] to satis-
 fy the court that the [defendant] PARTICIPANT has, in fact, violated the
 condition OR WILLFULLY FAILED TO APPEAR.
   (I) THE COURT SHALL PROVIDE REASONABLE NOTICE TO THE  PARTICIPANT  AND
 THE  PARTICIPANT'S COUNSEL, BUT IN NO CIRCUMSTANCE LESS THAN FORTY-EIGHT
 HOURS NOTICE, UNLESS NOTICE IS WAIVED BY THE PARTICIPANT.
   (II) THE PEOPLE SHALL BEAR THE BURDEN OF PROVING BY CLEAR AND CONVINC-
 ING EVIDENCE THAT THE PARTICIPANT HAS VIOLATED A CONDITION OF THE  JUDI-
 CIAL  DIVERSION  PROGRAM  IN  AN  IMPORTANT RESPECT. THE PARTICIPANT MAY
 CROSS-EXAMINE WITNESSES AND MAY PRESENT RELEVANT, ADMISSIBLE EVIDENCE ON
 THEIR OWN BEHALF. THE COURT SHALL CONSIDER ALL FACTORS RELATING  TO  THE
 PARTICIPANT'S  CURRENT  MENTAL HEALTH OR COGNITIVE STATUS, THEIR ENGAGE-
 MENT WITH JUDICIAL DIVERSION PRIOR TO THIS TIME, AS WELL  AS  ANY  OTHER
 FACTORS THAT MAY HAVE IMPACTED THEIR PARTICIPATION OR ALLEGED VIOLATION.
   (III)  A  BENCH  WARRANT  SHALL  NOT BE ISSUED ABSENT A FINDING BY THE
 COURT THAT THE ALLEGED VIOLATION OR FAILURE TO APPEAR  WAS  WILLFUL.  IN
 DETERMINING WILLFULNESS, THE COURT SHALL CONSIDER: THE NEXUS BETWEEN THE
 PARTICIPANT'S  VIOLATION  OR  FAILURE  TO  APPEAR  AND  THEIR FUNCTIONAL
 IMPAIRMENT; WHETHER AN APPROPRIATE TREATMENT PLAN IS CURRENTLY IN PLACE;
 THE PARTICIPANT'S HISTORY OF MAKING COURT  APPEARANCES  IN  THE  INSTANT
 MATTER; AND A HISTORY OF POSITIVE ENGAGEMENT WITH TREATMENT STAFF OR THE
 COURT.
   (IV) UNDER NO CIRCUMSTANCES SHALL A PARTICIPANT WHO REQUIRES TREATMENT
 FOR  A FUNCTIONAL IMPAIRMENT BE DEEMED TO HAVE VIOLATED A PROGRAM CONDI-
 TION ON THE PARTICIPATION IN 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.
   (V) IF THE COURT FINDS A REASONABLE EXPLANATION OR MITIGATION FOR  ANY
 ALLEGED  VIOLATION  OR  ALLEGED  WILLFUL FAILURE TO APPEAR, THE SECURING
 ORDER SHALL NOT BE MODIFIED.
   (VI) THE COURT MAY SEAL PORTIONS OF THE PROCEEDING RELATED TO  COLLAT-
 ERAL  CONSEQUENCES  AT  THE REQUEST OF THE PARTICIPANT AND PARTICIPANT'S
 COUNSEL.
   (c) If the court determines BY CLEAR AND CONVINCING EVIDENCE that  the
 [defendant]  PARTICIPANT  has violated a condition of his or her release
 under the judicial diversion program, the court may PERMIT  THE  PARTIC-
 IPANT  TO CONTINUE THEIR TREATMENT MANDATE AS PREVIOUSLY ORDERED; modify
 the [conditions thereof, reconsider the order of  recognizance  or  bail
 A. 1263--A                          9

 pursuant  to  subdivision two of section 510.30 of this chapter,] TREAT-
 MENT PLAN PER THE RECOMMENDATION OF THE TREATMENT PROVIDER; HOLD  TREAT-
 MENT  IN  ABEYANCE UNTIL THE UNDERLYING MATTER THAT CAUSED THE VIOLATION
 IS  RESOLVED; or terminate the [defendant's] PARTICIPANT'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 into account] IF NO  OTHER  TREAT-
 MENT OPTION IS AVAILABLE.  THE COURT SHALL CONSIDER:
   (I)  the  length of time the [defendant] PARTICIPANT spent in residen-
 tial 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];
   (II) all relevant circumstances, including the views of  the  prosecu-
 tor, the defense and the [alcohol or substance use] PARTICIPANT'S INTER-
 EST  IN  CONTINUING treatment [provider, and the extent to which persons
 who ultimately successfully complete a drug treatment regimen sometimes]
 OR THE PROGRAM; AND
   (III) THE ROLE OF relapse [by not abstaining from alcohol or substance
 use or by failing to comply fully with all  requirements  imposed  by  a
 treatment program] IN RECOVERY AND TREATMENT.
   (D)  The  court  shall [also consider using] USE a system of graduated
 and appropriate responses [or sanctions] designed to address such  inap-
 propriate  behaviors[,  protect  public  safety]  and  facilitate, where
 possible, successful completion of the [alcohol or substance use] treat-
 ment program.
   [(d)] (E) Nothing in this subdivision shall be construed [as  prevent-
 ing 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
 [defendant] PARTICIPANT for the commission of a different offense  while
 participating  in  the  judicial diversion program. PRIOR TO SUCH TERMI-
 NATION, THE PARTICIPANT SHALL BE ENTITLED TO A HEARING  AT  WHICH  CLEAR
 AND  CONVINCING EVIDENCE 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 FINDING, THERE CAN BE NO TERMINATION.
   [(e)]  (F)  A [defendant] PARTICIPANT may at any time advise the court
 that [he or she wishes] THEY WISH  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  contra-
 ry,  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] TRANSFER THE CASE BACK TO THE APPROPRIATE TRIAL
 PART.
   10. Upon the court's determination that  the  [defendant]  PARTICIPANT
 has  successfully completed the required period of [alcohol or substance
 use] treatment and has otherwise satisfied the conditions  required  for
 A. 1263--A                         10
 
 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
 diversion  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 (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 offense 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]  DISMISS the indictment OR SUPERIOR COURT
 INFORMATION,  FELONY  COMPLAINT,  MISDEMEANOR  COMPLAINT,   INFORMATION,
 SIMPLIFIED  INFORMATION,  OR  PROSECUTOR'S INFORMATION AND SEAL THE CASE
 PURSUANT TO SECTION 160.50 OF THIS CHAPTER.
   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 use] treatment.
   §  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 AND DIVERSION COURT PERSONNEL SHALL RECEIVE
 ANNUAL TRAINING IN SPECIALIZED AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO
 DISABILITY,  MENTAL ILLNESS, AND SUBSTANCE USE DISORDER NEEDS, INCLUDING
 CO-OCCURRING DISORDERS, EVIDENCE-BASED PRACTICES, TRAUMA-INFORMED  CARE,
 CERTIFIED  PEER  PROGRAMS,  AND  HARM  REDUCTION  PRINCIPLES, AS WELL AS
 TRAINING IN PROCEDURAL JUSTICE AND CULTURAL COMPETENCY AND  MEDICAID  OR
 MEDICARE ELIGIBILITY. 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 PARTICIPANTS. EACH SUCH REPORT, IN ADDITION TO
 OTHER RELEVANT INFORMATION, SHALL SET FORTH, DISAGGREGATED BY EACH COUN-
 TY SERVED:
   (A) THE NUMBER OF PEOPLE WITH CASES IN THE DIVERSION PART FOR EACH  OF
 THE FOLLOWING CATEGORIES, BROKEN DOWN BY GENDER, RACE AND ETHNICITY:
   (I) THE NUMBER OF PEOPLE WHO MAKE AN APPLICATION FOR EVALUATION;
   (II)  THE  NUMBER  OF PEOPLE WHO ARE ACCEPTED INTO JUDICIAL DIVERSION;
 AND
   (III) THE NUMBER OF PEOPLE WHO SUCCESSFULLY COMPLETE THE PROGRAM;
   (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;
 A. 1263--A                         11
 
   (C)  THE  DEMOGRAPHIC  MAKEUP  OF  PARTICIPANTS IN THE DIVERSION PART,
 BROKEN DOWN BY RACE, ETHNICITY, AGE AND SEX OF PARTICIPANTS;
   (D) THE CRIMES WITH WHICH EACH PARTICIPANT 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 PARTICIPANTS.
   § 8. Subdivision 5 of section 170.15 of the criminal procedure law, as
 amended by chapter 91 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   5.  (a) Notwithstanding any provision of this section to the contrary,
 in any county [outside a city having a  population  of  one  million  or
 more],  upon  or  after  arraignment of a defendant on an information, a
 simplified information, a  prosecutor's  information  or  a  misdemeanor
 complaint  pending  in  a  local criminal court, such court [may] SHALL,
 upon motion of the defendant and after giving the district  attorney  an
 opportunity to be heard, order that the action be removed from the court
 in  which  the  matter is pending to another local criminal court in the
 same county, or with consent of the district attorney and  the  district
 attorney of the adjoining county to another court in [such] AN adjoining
 county,  OR TO A COURT IN THE COUNTY IN WHICH THE DEFENDANT RESIDES that
 has been designated as a JUDICIAL DIVERSION, human trafficking  [court],
 or  veterans  treatment  court by the chief administrator of the courts,
 and such JUDICIAL DIVERSION,  human  trafficking  [court],  or  veterans
 treatment  court  [may]  SHALL  then  conduct such action to judgment or
 other final deposition; provided,  however,  that  no  court  may  order
 removal  pursuant to this subdivision to a veterans treatment court of a
 family offense charge described in subdivision one of section 530.11  of
 this  chapter  where the accused and the person alleged to be the victim
 of such offense charged are members of the same family or  household  as
 defined  in such subdivision one of section 530.11; and provided further
 that an order of removal issued under this subdivision  shall  not  take
 effect  until five days after the date the order is issued unless, prior
 to such effective date, the human trafficking court or  veterans  treat-
 ment court notifies the court that issued the order that:
   i.  it  will not accept the action, in which event the order shall not
 take effect; or
   ii. it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   (b)  Upon  providing  notification pursuant to subparagraph i or ii of
 paragraph (a) of this subdivision, the human trafficking court or veter-
 ans treatment court shall promptly give notice to the defendant, his  or
 her counsel, and the district attorney.
   § 9. Subdivision 4 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  91  of  the  laws  of  2021, is amended to read as
 follows:
   4. (a) Notwithstanding any provision of this section to the  contrary,
 [in  any  county  outside  a  city having a population of one million or
 more,] upon or after arraignment of a defendant on  a  felony  complaint
 pending in a local criminal court having preliminary jurisdiction there-
 of,  such  court  [may]  SHALL,  upon  motion of the defendant and after
 A. 1263--A                         12
 
 giving the district attorney an opportunity to be heard, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county, or with consent of  the
 district  attorney  and the district attorney of the adjoining county to
 another court in such adjoining county, OR TO A COURT IN THE  COUNTY  IN
 WHICH  THE  DEFENDANT  RESIDES,  that  has been designated as a JUDICIAL
 DIVERSION, human trafficking [court], or veterans treatment court by the
 chief administrator of the courts, and such  JUDICIAL  DIVERSION,  human
 trafficking  [court],  or veterans treatment court may then conduct such
 action to judgment or other final disposition; provided,  however,  that
 no  court  may  order removal pursuant to this subdivision to a veterans
 treatment court of a family offense charge described in subdivision  one
 of  section  530.11  of  this  chapter  where the accused and the person
 alleged to be the victim of such offense charged are members of the same
 family or household as  defined  in  such  subdivision  one  of  section
 530.11;  and  provided  further  an  order  of removal issued under this
 subdivision shall not take effect until five days  after  the  date  the
 order  is  issued  unless, prior to such effective date, the human traf-
 ficking court or veterans treatment court notifies the court that issued
 the order that:
   i. it will not accept the action, in which event the order  shall  not
 take effect; or
   ii.  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   (b) Upon providing notification pursuant to subparagraph i  or  ii  of
 paragraph (a) of this subdivision, the human trafficking court or veter-
 ans  treatment court shall promptly give notice to the defendant, his or
 her counsel and the district attorney.
   § 10. Section 230.21 of the criminal procedure law, as added by  chap-
 ter 91 of the laws of 2021, is amended to read as follows:
 § 230.21 Removal  of  action to certain courts in an adjoining county OR
            COUNTY IN WHICH THE DEFENDANT RESIDES.
   1. In any county [outside a city having a population of one million or
 more], [the] UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON  AN  INDICTMENT
 PENDING  IN  A  SUPERIOR  COURT  HAVING JURISDICTION THEREOF, SUCH court
 [may] SHALL, upon motion of  the  defendant  and  with  consent  of  the
 district attorney and the district attorney of the adjoining county that
 has  a  superior  court designated a human trafficking court or veterans
 treatment court by the chief administrator of the courts, order that the
 indictment and action be removed from the court in which the  matter  is
 pending  to  [such]  A  SUPERIOR  COURT IN AN ADJOINING COUNTY OR IN THE
 COUNTY IN WHICH THE DEFENDANT RESIDES THAT HAS BEEN DESIGNATED  A  JUDI-
 CIAL  DIVERSION, human trafficking [court], or veterans treatment court,
 whereupon such court may then conduct such action to judgment  or  other
 final disposition; provided, however, that no court may order removal to
 a  veterans  treatment  court  of  a  family offense charge described in
 subdivision one of section 530.11  of  this  chapter  pursuant  to  this
 section  where  the  accused  and the person alleged to be the victim of
 such offense charged are members of the  same  family  or  household  as
 defined  in such subdivision one of section 530.11; and provided further
 that an order of removal issued under this subdivision  shall  not  take
 effect  until five days after the date the order is issued unless, prior
 to such effective date, the human trafficking court or  veterans  treat-
 ment court notifies the court that issued the order that:
   (a)  it will not accept the action, in which event the order shall not
 take effect, or
 A. 1263--A                         13
 
   (b) it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
 subdivision one of this section, the human trafficking court or veterans
 treatment court shall promptly give notice to the defendant, his or  her
 counsel and the district attorney of both counties.
   §  11.  Paragraph (r) of subdivision 2 of section 212 of the judiciary
 law, as added by section 15 of part AAA of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   (r)  Ensure  that  cases  eligible  for judicial diversion pursuant to
 article two hundred sixteen of  the  criminal  procedure  law  shall  be
 assigned  to court parts in the manner provided by the chief administra-
 tor and that, to the extent practicable, such cases are presided over by
 judges who, by virtue of the structure, caseload and  resources  of  the
 parts  and  the  judges'  training,  are in the best position to provide
 effective supervision over such cases,  such  as  the  [drug]  treatment
 courts.  In  compliance  with  these provisions, the chief administrator
 shall [give due weight to] INDIVIDUALLY ASSESS  the  need  for  diverted
 defendants  to make regular court appearances, and be closely supervised
 by the court, for the duration of [drug] treatment and the  pendency  of
 the criminal charge.
   §  12.   This   act shall take effect on the one hundred eightieth day
 after it shall have become a law; 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.