S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1976
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sens. RAMOS, BRISPORT, BROUK, CLEARE, GIANARIS, GOUNARDES,
   HARCKHAM,  HOYLMAN-SIGAL,  JACKSON, KRUEGER, MAY, MYRIE, RIVERA, SALA-
   ZAR, SEPULVEDA, SERRANO -- read twice and ordered  printed,  and  when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Abuse

 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
 the  penal law, or any other specified offense as defined in subdivision

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

 S. 1976                             2

 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;
 S. 1976                             3

   (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.
 S. 1976                             4

   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:
 S. 1976                             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
 S. 1976                             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
 S. 1976                             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-
 S. 1976                             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-
 S. 1976                             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,
 S. 1976                            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
 S. 1976                            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-
 S. 1976                            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
 S. 1976                            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
 ________________________________________________________________________
 
                                  1976--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS,  ASHBY,  BRESLIN, BRISPORT, BROUK, CLEARE,
   COMRIE, COONEY, FERNANDEZ, GIANARIS,  GONZALEZ,  GOUNARDES,  HARCKHAM,
   HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY, KRUEGER, MAY, MYRIE, PARKER,
   RIVERA,  SALAZAR,  SEPULVEDA,  SERRANO, THOMAS, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Alcoholism  and Substance Abuse -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably from said committee and committed to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the criminal procedure law 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.
                                                            LBD00666-04-3
              

 S. 1976--B                          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  eight  new
 subdivisions 3, 4, 6, 7, 8, 9, 10 and 11 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 PURSUANT TO TITLE  EIGHT
 OF  THE  EDUCATION LAW WHO IS QUALIFIED TO DIAGNOSE OR TREAT PEOPLE WITH
 MENTAL  HEALTH  DISORDERS,  INCLUDING  SUBSTANCE-RELATED  AND  ADDICTIVE
 DISORDERS.
   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
 credentialed by the office of addiction services and  supports  pursuant
 to section 19.07 of the mental hygiene law[, which]. SUCH EVALUATION MAY
 S. 1976--B                          3

 BE  CONDUCTED  THROUGH  TELEHEALTH WHEN PRACTICABLE AND WHEN DELAY WOULD
 OTHERWISE OCCUR. THE EVALUATION 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  OR  MEDICATIONS FOR ADDICTION OR SUBSTANCE USE DISORDER TREATMENT,
 HEALTH PROMOTION, AND OVERDOSE PREVENTION EDUCATION.  TREATMENT FOR  THE
 PURPOSES  OF  THIS  ARTICLE  DOES  NOT  INCLUDE  TREATMENT IN A CARCERAL
 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 IN THEIR
 RECOVERY IN ACCORDANCE WITH HARM REDUCTION PRINCIPLES.
   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  PROVEN-EFFECTIVE  SUBSTANCE  USE
 INTERVENTION  STRATEGIES  THAT  OFFER  LOW-THRESHOLD ACCESS TO TREATMENT
 WITH THE GOAL OF REDUCING  THE NEGATIVE CONSEQUENCES OF  SUBSTANCE  USE,
 PREVENTING  OVERDOSE AND THE TRANSMISSION OF INFECTIOUS DISEASES, AND/OR
 IMPROVING THE PHYSICAL, MENTAL, AND SOCIAL WELL-BEING OF  THOSE  SERVED.
 IN  SOME  CASES,  AS IDENTIFIED BY A LICENSED MENTAL HEALTH CARE PROFES-
 SIONAL OR A TREATMENT PROVIDER, HARM REDUCTION INTERVENTIONS MAY  RECOG-
 NIZE  THAT  COMPLETE  ABSTINENCE IS NOT REALISTICALLY ATTAINABLE AND MAY
 INSTEAD AIM TO ACHIEVE A SIGNIFICANT REDUCTION OR CHANGE IN USE.
   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.
   10.  "TREATMENT  PLAN"  MEANS  AN  INDIVIDUALIZED  PLAN DEVELOPED BY A
 LICENSED MENTAL HEALTH CARE PROFESSIONAL  OR  A  TREATMENT  PROVIDER  IN
 CONJUNCTION  WITH  AN ELIGIBLE DEFENDANT, WHICH MAY INCLUDE ANY COMBINA-
 TION OF TREATMENT INTERVENTIONS IDENTIFIED IN SUBDIVISION  SIX  OF  THIS
 SECTION.  PROVIDED THAT:
   (A)  TREATMENT  SHOULD  OCCUR IN THE SETTING OR SETTINGS THAT ARE MOST
 APPROPRIATE TO THE INDIVIDUAL'S MEDICAL NEEDS.
   (B) SUCH TREATMENT PLAN SHALL TAKE INTO CONSIDERATION THE  BEST  PRAC-
 TICES  FOR  ADDRESSING  ANY FUNCTIONAL IMPAIRMENTS IDENTIFIED DURING THE
 CLINICAL EVALUATION AND ANY EVIDENCE-BASED  AND  PEER-REVIEWED  CLINICAL
 REVIEW  CRITERIA  THAT  IS RELEVANT TO THE IDENTIFIED FUNCTIONAL IMPAIR-
 S. 1976--B                          4
 
 MENT, APPROPRIATE TO THE AGE OF THE PATIENT AND HAS BEEN  DESIGNATED  OR
 APPROVED  BY THE APPROPRIATE STATE AGENCY OR AGENCIES, INCLUDING BUT NOT
 LIMITED TO, THE  OFFICE  OF  MENTAL  HEALTH,  THE  OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS,  AND  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.
   (C) A TREATMENT PLAN MAY INCLUDE  TREATMENT  THROUGH  TELEHEALTH  WHEN
 DEEMED  APPROPRIATE  BY  A LICENSED MENTAL HEALTH CARE PROFESSIONAL OR A
 TREATMENT PROVIDER.
   (D) A LICENSED MENTAL HEALTH CARE PROFESSIONAL OR A TREATMENT PROVIDER
 MAY MODIFY A TREATMENT PLAN AFTER THE PARTICIPANT HAS BEEN  ADMITTED  TO
 THE JUDICIAL DIVERSION PROGRAM WITH THE CONSENT OF THE PARTICIPANT WHERE
 THE LICENSED MENTAL HEALTH CARE PROFESSIONAL OR TREATMENT PROVIDER DEEMS
 SUCH MODIFICATION TO BE CLINICALLY APPROPRIATE.
   11.  "PROTECTED  HEALTH  INFORMATION"  MEANS  INFORMATION PROTECTED BY
 FEDERAL AND STATE LAWS AND REGULATIONS GOVERNING THE PRIVACY OF  PERSON-
 ALLY-IDENTIFIABLE  MEDICAL  INFORMATION,  INCLUDING  THE  FEDERAL HEALTH
 INSURANCE PORTABILITY AND ACCOUNTABILITY ACT PRIVACY RULE  (45  CODE  OF
 FEDERAL  REGULATIONS PARTS 160 AND 164), 42 UNITED STATES CODE § 290DD-2
 (42 CODE OF FEDERAL REGULATIONS PART 2), SECTION  33.13  OF  THE  MENTAL
 HYGIENE  LAW,  ARTICLE TWENTY-SEVEN-F OF THE PUBLIC HEALTH LAW ("HIV AND
 AIDS RELATED INFORMATION"), AND ANY OTHER RELEVANT HEALTH  PRIVACY  LAWS
 AND REGULATIONS.
   § 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-
 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]
 COMPLETION OF THE CLINICAL evaluation [report],  the  [court]  CLINICIAN
 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
 S. 1976--B                          5
 
 TO PROCEED IN  REQUESTING  JUDICIAL  DIVERSION.    WHERE  THE  DEFENDANT
 DECIDES  TO PROCEED IN REQUESTING JUDICIAL DIVERSION, THEY SHALL CONSENT
 TO DISCLOSURE OF THEIR PROTECTED HEALTH INFORMATION WITH THE  COURT  AND
 PROSECUTOR.
   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] JUDICIAL DIVERSION pursuant to  this  article.    At  such  a
 proceeding,  which shall be held as soon as practicable so as to facili-
 tate early intervention in the event that the defendant 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 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
 TO  TREATMENT  THROUGH  THIS  ARTICLE  WOULD  BENEFIT THE PUBLIC AND THE
 DEFENDANT.
   4. (A) When an authorized court determines, pursuant to paragraph  (b)
 of  subdivision three of this section, that an eligible defendant should
 be offered [alcohol or substance 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:
 S. 1976--B                          6

   (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] MAY 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 detoxifi-
 cation residential or outpatient treatment, or both, as determined after
 taking into account the  views  of  the  health  care  professional  who
 conducted  the  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)]
   (A) PARTICIPATION IN THE TREATMENT PLAN;
   (B) periodic court appearances, which, UPON  CONSENT  OF  THE  PARTIC-
 IPANT, may [include periodic urinalysis; (ii)] BE AN ACCESSIBLE AUDIO OR
 VIDEO  APPEARANCE. WHEN SCHEDULING COURT APPEARANCES AND DETERMINING THE
 TYPE OF APPEARANCE REQUIRED, THE COURT SHALL CONSIDER THE  PARTICIPANT'S
 TREATMENT  PROGRESS AND SHALL ATTEMPT TO AVOID UNDUE HARDSHIP, INCLUDING
 BUT NOT LIMITED TO, TREATMENT INTERRUPTIONS, THE COST OF TRANSPORTATION,
 MOBILITY ISSUES, CHILDCARE AND EMPLOYMENT DISRUPTIONS. UPON  APPLICATION
 BY  DEFENSE  COUNSEL  AND WITH THE CONSENT OF THE PARTICIPANT, THE COURT
 SHALL CONSIDER WAIVING THE APPEARANCE OF THE PARTICIPANT;
   (C) 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  AND  SHALL COMPORT WITH THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS' GUIDANCE ON TOXICOLOGY USE;
   (D) 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 DISCLOSE A PARTICIPANT'S PROTECTED HEALTH
 INFORMATION  WITHOUT  THE  PARTICIPANT'S   CONSENT   OR   AUTHORIZATION;
 PROVIDED,  HOWEVER, THAT A COURT MAY REQUIRE A PARTICIPANT TO CONSENT TO
 SHARE  THE  FOLLOWING  PROTECTED  HEALTH  INFORMATION  AS A CONDITION OF
 PARTICIPATING IN JUDICIAL DIVERSION:
   (A) RECORD OF ATTENDANCE AND RELEVANT BARRIERS TO ATTENDANCE;
   (B) TREATMENT PLAN AND ANY RECOMMENDED  CHANGES  TO  THE  PLAN  DURING
 PARTICIPATION IN JUDICIAL DIVERSION;
   (C) DRUG TOXICOLOGY RESULTS, WHEN PART OF THE TREATMENT PLAN; AND
   (D) RELEVANT UPDATES REGARDING ENGAGEMENT IN THE TREATMENT PLAN.
   5-B.   IF   A   PARTICIPANT  HAS  ONE  OR  MORE  CONDITIONS  REQUIRING
 PRESCRIPTION MEDICATION OR CERTIFIED DRUG TREATMENTS  THEY  may  partic-
 ipate  in  and  receive  [medically  prescribed] SUCH MEDICATION OR drug
 S. 1976--B                          7
 
 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 HAS PRESCRIBED OR CERTIFIED FOR A 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.  EVERY EFFORT SHOULD BE MADE TO MAXIMIZE  THE  USE  OF  CERTIFIED
 PEERS IN EVERY STAGE OF THE JUDICIAL DIVERSION PROCESS.
   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
 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-
 S. 1976--B                          8
 
 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, UPON THE REQUEST OF THE PARTICIPANT, MAKE  AUDIO
 OR  VIDEO  APPEARANCES  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF
 THIS SECTION  to enable the court to [monitor] PROMOTE the [defendant's]
 PARTICIPANT'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 in]  PARTICIPATION  FOR  court
 APPEARANCES.  Failure  to  appear  as  required without reasonable cause
 therefor shall constitute a violation of the conditions 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;
 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.
   (b) In determining whether a [defendant] PARTICIPANT violated a condi-
 tion  of [his or her release under] the judicial diversion program IN AN
 IMPORTANT RESPECT OR WILLFULLY FAILED TO  APPEAR  IN  COURT,  the  court
 [may] SHALL conduct a [summary] hearing consistent with due process [and
 sufficient]  to  satisfy the court that the [defendant] PARTICIPANT has,
 in fact, violated the condition OR WILLFULLY FAILED TO APPEAR.
   (I) 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 OR HAS  WILLFULLY  FAILED
 TO  APPEAR.  THE PARTICIPANT MAY CROSS-EXAMINE WITNESSES AND MAY PRESENT
 RELEVANT, ADMISSIBLE EVIDENCE ON THEIR OWN BEHALF.
   (II) AT THE REQUEST OF THE PARTICIPANT OR THE  PARTICIPANT'S  COUNSEL,
 THE  COURT  MAY  CONDUCT  PROCEEDINGS OFF THE RECORD FOR PORTIONS OF THE
 PROCEEDINGS THAT WILL LIKELY RESULT IN ADVERSE COLLATERAL  CONSEQUENCES,
 INCLUDING  IMMIGRATION CONSEQUENCES. IN THE ALTERNATIVE, THE COURT SHALL
 SEAL PORTIONS OF THE PROCEEDING THAT MAY RESULT IN SUCH CONSEQUENCES.
   (c) If the court determines BY CLEAR AND CONVINCING EVIDENCE that  the
 [defendant]  PARTICIPANT has violated a PROGRAM condition [of his or her
 S. 1976--B                          9

 release under the judicial  diversion  program,  the]  IN  AN  IMPORTANT
 RESPECT  OR WILLFULLY FAILED TO APPEAR, THE COURT SHALL RESPOND BY USING
 A SYSTEM OF GRADUATED AND APPROPRIATE RESPONSES DESIGNED TO ADDRESS SUCH
 INAPPROPRIATE  BEHAVIORS  AND  FACILITATE,  WHERE   POSSIBLE, SUCCESSFUL
 COMPLETION OF THE TREATMENT 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 ACCORDING TO THE RECOMMENDATION OF THE TREATMENT PROVIDER;  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. 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.  THE  COURT  SHALL
 CONSIDER:
   (I) the length of time the [defendant] PARTICIPANT HAS spent in [resi-
 dential] treatment and how best to continue treatment [while the defend-
 ant  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;
   (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.    The  court  shall also consider using a system of
 graduated and appropriate responses or  sanctions  designed  to  address
 such  inappropriate  behaviors,  protect  public  safety and facilitate,
 where possible, successful completion of the alcohol  or  substance  use
 treatment program] IN RECOVERY AND TREATMENT; AND
   (IV)  ANY  OTHER MITIGATING FACTORS THAT MAY HAVE IMPACTED THE ALLEGED
 VIOLATION OR WILLFUL FAILURE TO APPEAR.
   (d) Nothing in this subdivision shall be construed  [as  preventing  a
 court  from  terminating  a  defendant's  participation  in the judicial
 diversion program for violating a release condition when such  a  termi-
 nation  is  necessary  to  preserve public safety. Nor shall anything in
 this subdivision be  construed]  as  precluding  the  prosecution  of  a
 [defendant]  PARTICIPANT for the commission of a different offense while
 participating in the judicial diversion program.
   (e) 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 contrary, the
 court may impose any sentence authorized for the crime of conviction  in
 accordance with the plea agreement, or any lesser sentence authorized to
 be imposed on a felony drug offender pursuant to paragraph (b) or (c) of
 subdivision  two  of  section 70.70 of the penal law taking into account
 the length of time the defendant spent in residential treatment and  how
 S. 1976--B                         10

 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,
 SIMPLIFIED INFORMATION, OR PROSECUTOR'S INFORMATION AND  SEAL  THE  CASE
 PURSUANT  TO  SECTION 160.50 OF THIS CHAPTER.  PARTICIPANTS WHO SUCCESS-
 FULLY COMPLETE JUDICIAL DIVERSION SHALL ALSO BE ELIGIBLE  TO  APPLY  FOR
 SEALING OF PRIOR CONVICTIONS PURSUANT TO SECTION 160.58 OF THIS CHAPTER.
 UPON SUCCESSFUL COMPLETION OF JUDICIAL DIVERSION, THE COURT SHALL NOTIFY
 THE  PARTICIPANT  OF THEIR POTENTIAL ELIGIBILITY FOR SEALING PURSUANT TO
 SUBDIVISION TWO OF SECTION 160.58 OF THIS CHAPTER. NO PARTICIPANT  SHALL
 BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING AS A CONDITION
 OF PARTICIPATION IN JUDICIAL DIVERSION.
   10-A. TREATMENT PROVIDERS SHALL COLLABORATE WITH  THE  PARTICIPANT AND
 THE  COURT TO CREATE A POST-GRADUATION PLAN PRIOR TO COMPLETION OF JUDI-
 CIAL  DIVERSION. SUCH PLAN SHALL MAKE EVERY EFFORT TO ASSIST THE PARTIC-
 IPANT IN OBTAINING STABLE  HOUSING  AND  MEETING  THEIR  SELF-IDENTIFIED
 LONG-TERM  GOALS  AFTER GRADUATION. HOWEVER, WHEN A PARTICIPANT FINISHES
 THEIR TREATMENT PLAN, THEY   SHALL BE CONSIDERED  TO  HAVE  SUCCESSFULLY
 COMPLETED  THEIR OBLIGATION TO THE COURT, REGARDLESS OF THEIR ABILITY TO
 SECURE HOUSING, EMPLOYMENT, OR OTHER PERSONAL GOALS IDENTIFIED.
   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,
 THE  IMMIGRATION CONSEQUENCES OF PARTICIPATION IN JUDICIAL DIVERSION FOR
 INDIVIDUALS WHO ARE NOT UNITED STATES CITIZENS, CERTIFIED PEER PROGRAMS,
 S. 1976--B                         11
 
 HARM REDUCTION PRINCIPLES, AND PROTECTED HEALTH INFORMATION, 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 THE FOLLOWING, DISAGGREGATED
 BY EACH COUNTY SERVED:
   (A) THE NUMBER OF PEOPLE WITH CASES IN THE DIVERSION PART FOR EACH  OF
 THE  FOLLOWING CATEGORIES, BROKEN DOWN BY GENDER, SEX, RACE AND ETHNICI-
 TY:
   (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 CRIMES WITH WHICH EACH PARTICIPANT WAS CHARGED;
   (D) THE SPECIFIC FUNCTIONAL IMPAIRMENT OR IMPAIRMENTS  FOR  WHICH  THE
 PARTICIPANT  RECEIVED  TREATMENT  WHILE  PARTICIPATING  IN  THE JUDICIAL
 DIVERSION PROGRAM;
   (E) THE FINAL  DISPOSITION,  INCLUDING  THE  SENTENCE,  OF  EACH  CASE
 CONSIDERED FOR JUDICIAL DIVERSION; AND
   (F)  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
 S. 1976--B                         12
 
 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
 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
 S. 1976--B                         13
 
 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
 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. The section heading, subdivision 1, and the opening paragraph of
 subdivision 2 of section 160.58 of the criminal procedure law, as  added
 by  section 3 of part AAA of chapter 56 of the laws of 2009, are amended
 to read as follows:
   Conditional sealing of certain  [controlled  substance,  marihuana  or
 specified  offense]  convictions FOR PEOPLE WHO COMPLETE JUDICIAL DIVER-
 SION OR A JUDICIALLY SANCTIONED DRUG TREATMENT PROGRAM.
   1. A [defendant convicted  of  any  offense  defined  in  article  two
 hundred twenty or two hundred twenty-one of the penal law or a specified
 offense  defined  in subdivision five of section 410.91 of this chapter]
 PERSON who has successfully completed a judicial diversion program under
 article two hundred sixteen of this chapter,  or  one  of  the  programs
 heretofore  known  as  drug  treatment  alternative to prison or another
 judicially  sanctioned  drug  treatment  program  of  similar  duration,
 requirements  and  level of supervision, and [has completed the sentence
 S. 1976--B                         14

 imposed for the offense or offenses,] WAS SENTENCED FOR  AN  OFFENSE  OR
 OFFENSES  UPON  COMPLETION  OF  SUCH  PROGRAM  is  eligible to have such
 offense or offenses CONDITIONALLY sealed pursuant to this  section.  FOR
 SUCH  OFFENSES,  THE  COURT THAT SENTENCED THE DEFENDANT TO A JUDICIALLY
 SANCTIONED DRUG TREATMENT PROGRAM MAY, ON  ITS  OWN  MOTION  OR  ON  THE
 DEFENDANT'S  MOTION, ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING
 TO THE ARREST, PROSECUTION AND CONVICTION WHICH RESULTED IN THE  DEFEND-
 ANT'S  PARTICIPATION IN THE JUDICIALLY SANCTIONED DRUG TREATMENT PROGRAM
 BE CONDITIONALLY SEALED.
   [The court that sentenced the defendant  to  a  judicially  sanctioned
 drug  treatment  program  may  on  its own motion, or on the defendant's
 motion, order that all official  records  and  papers  relating  to  the
 arrest,  prosecution  and  conviction  which resulted in the defendant's
 participation in the judicially sanctioned  drug  treatment  program  be
 conditionally sealed. In such case, the court may also]
   WHERE  A PERSON HAS COMPLETED A JUDICIAL DIVERSION PROGRAM PURSUANT TO
 ARTICLE TWO HUNDRED SIXTEEN OF THIS CHAPTER OR A DRUG TREATMENT ALTERNA-
 TIVE TO PRISON PROGRAM OR ANOTHER JUDICIALLY SANCTIONED  DRUG  TREATMENT
 PROGRAM,  THE  COURT  THAT  SUPERVISED THE PERSON'S PARTICIPATION IN THE
 PROGRAM MAY, ON ITS OWN MOTION OR  ON  THE  DEFENDANT'S  MOTION,  condi-
 tionally seal the arrest, prosecution and conviction records for no more
 than  three  of  the [defendant's] PERSON'S prior eligible misdemeanors,
 which for purposes of this subdivision shall be limited  to  misdemeanor
 offenses  defined  in article two hundred twenty [or], two hundred twen-
 ty-one, OR TWO HUNDRED TWENTY-TWO of the penal law.  The court may  only
 seal   the   records   of  the  defendant's  arrests,  prosecutions  and
 convictions when:
   § 13.  This act shall take effect one year 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.