S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4547
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT,  BROUK, CLEARE, COMRIE, COONEY,
   FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN-
   SIGAL,  JACKSON,  KRUEGER,  LIU,  MAY, MYRIE, PARKER, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and  ordered  printed,
   and  when  printed  to be committed to the Committee on Alcoholism and
   Substance Use Disorders
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation  to  judicial  diversion  programs;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The article heading of article 216 of the criminal proce-
 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
          JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
                                 PROGRAMS
   § 2. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal  procedure  law,  as amended by section 1 of chapter 435 of the
 laws of 2021, is amended to read as follows:
   "Eligible defendant" means any person who stands charged in an indict-
 ment [or a], superior court information [with a class B, C, D or E felo-
 ny offense defined in article  one  hundred  seventy-nine,  two  hundred
 twenty or two hundred twenty-two of the penal law, an offense defined in
 sections 105.10 and 105.13 of the penal law provided that the underlying
 crime  for  the conspiracy charge is a class B, C, D or E felony offense
 defined in article one hundred seventy-nine, two hundred twenty  or  two
 hundred twenty-two of the penal law, auto stripping in the second degree
 as  defined  in  section  165.10 of the penal law, auto stripping in the
 first degree as defined in section 165.11 of  the  penal  law,  identity
 theft  in  the  second  degree as defined in section 190.79 of the penal
 law, identity theft in the first degree as defined in section 190.80  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07017-01-5
              

 S. 4547                             2

 the  penal law, or any other specified offense as defined in subdivision
 five of section 410.91 of this chapter, provided, however,  a  defendant
 is  not an "eligible defendant" if he or she:], INFORMATION, MISDEMEANOR
 COMPLAINT  OR  FELONY  COMPLAINT  WITH  ANY OFFENSE AND HAS A QUALIFYING
 DIAGNOSIS. PROVIDED, HOWEVER, THAT  A  DEFENDANT  IS  NOT  AN  "ELIGIBLE
 DEFENDANT"  IF  THEY  ARE  CHARGED  WITH:  (A)  A CLASS A FELONY OFFENSE
 DEFINED IN THE PENAL LAW, OTHER THAN A CLASS A FELONY  OFFENSE  PURSUANT
 TO  ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; OR (B) A CLASS B FELONY
 OFFENSE PURSUANT TO  ARTICLE  ONE  HUNDRED  THIRTY  OF  THE  PENAL  LAW;
 PROVIDED  FURTHER,  HOWEVER, THAT UPON INDIVIDUALIZED CONSIDERATION, AND
 WITH CONSENT OF THE PROSECUTOR, THE COURT  MAY  DEEM  AN  INDIVIDUAL  AN
 ELIGIBLE  DEFENDANT  WHO OTHERWISE DOES NOT MEET THE ABOVE-LISTED CRITE-
 RIA.
   § 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:],
 INFORMATION, MISDEMEANOR COMPLAINT OR FELONY COMPLAINT WITH ANY  OFFENSE
 AND  HAS  A QUALIFYING DIAGNOSIS. PROVIDED, HOWEVER, THAT A DEFENDANT IS
 NOT AN "ELIGIBLE DEFENDANT" IF THEY ARE CHARGED  WITH:  (A)  A  CLASS  A
 FELONY  OFFENSE  DEFINED  IN  THE PENAL LAW, OTHER THAN A CLASS A FELONY
 OFFENSE PURSUANT TO ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; OR  (B)
 A  CLASS  B FELONY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW; PROVIDED FURTHER, HOWEVER, THAT UPON INDIVIDUALIZED CONSIDER-
 ATION, AND WITH CONSENT OF THE PROSECUTOR, THE COURT MAY DEEM  AN  INDI-
 VIDUAL AN ELIGIBLE DEFENDANT WHO OTHERWISE DOES NOT MEET THE ABOVE-LIST-
 ED CRITERIA.
   § 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. "QUALIFYING DIAGNOSIS" MEANS A MENTAL HEALTH DIAGNOSIS OR MORE THAN
 ONE MENTAL HEALTH DIAGNOSES THAT QUALIFIES AN INDIVIDUAL  FOR  ADMISSION
 TO JUDICIAL DIVERSION. THIS IS A DIAGNOSIS-BASED CATEGORIZATION CONSIST-
 S. 4547                             3

 ING  OF  THE  FOLLOWING  MENTAL  HEALTH  DISORDERS DESCRIBED IN THE MOST
 RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISOR-
 DERS:
   (A) SERIOUS MENTAL DISORDERS SUCH AS: SCHIZOPHRENIA SPECTRUM AND OTHER
 PSYCHOTIC  DISORDERS,  BIPOLAR  AND RELATED DISORDERS, DEPRESSIVE DISOR-
 DERS, AND POST-TRAUMATIC STRESS DISORDER; OR
   (B) OTHER MENTAL HEALTH DISORDERS, INCLUDING BUT NOT LIMITED TO NEURO-
 DEVELOPMENTAL OR NEUROCOGNITIVE  DISORDERS,  WHERE  ASSOCIATED  SYMPTOMS
 LEAD TO SEVERE FUNCTIONAL IMPAIRMENT; OR
   (C) SUBSTANCE USE DISORDERS AND SUBSTANCE-INDUCED DISORDERS.
   5.  "CLINICAL  EVALUATION"  means a written assessment and report by a
 court-approved entity or licensed MENTAL health care professional [expe-
 rienced 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  creden-
 tialed  by  the  office  of  addiction services and supports pursuant to
 section 19.07 of the mental hygiene law[, which]. SUCH EVALUATION MAY 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, as such terms are defined in the
 diagnostic and statistical manual of mental  disorders,  fifth  edition,
 and  a  co-occurring mental disorder or mental illness and the relation-
 ship between such use and mental disorder or  mental  illness,]  ONE  OR
 MORE QUALIFYING DIAGNOSES, if any;
   (b)  a  recommendation  as  to  whether  the  defendant's  [alcohol or
 substance use]  QUALIFYING  DIAGNOSIS,  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] QUALIFYING DIAGNOSIS; 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 IN THE CLINICAL
 EVALUATION OR AFTER A PERSON HAS BEEN ADMITTED TO TREATMENT.
   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.
 S. 4547                             4
 
   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 AND TAKING INTO  CONSIDER-
 ATION POSSIBLE EMPLOYMENT, FAMILY, SOCIAL, AND HOUSING DISRUPTIONS.
   (B)  SUCH  TREATMENT PLAN SHALL TAKE INTO CONSIDERATION THE BEST PRAC-
 TICES FOR ADDRESSING ANY  QUALIFYING  DIAGNOSIS  IDENTIFIED  DURING  THE
 CLINICAL  EVALUATION  AND  ANY EVIDENCE-BASED AND PEER-REVIEWED CLINICAL
 REVIEW CRITERIA THAT IS RELEVANT TO THE IDENTIFIED QUALIFYING DIAGNOSIS,
 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 INPUT 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, IN ACCORDANCE WITH 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
 eligible defendant], but prior to the entry of a plea of guilty  or  the
 commencement  of  trial,  the  court, at the request of [the eligible] A
 defendant  WHO  THE  COURT  HAS  REASON  TO  BELIEVE  HAS  A  QUALIFYING
 DIAGNOSIS,  [may]  SHALL order [an alcohol and substance use] A CLINICAL
 evaluation FOR ALL KNOWN QUALIFYING DIAGNOSES,  PROVIDED  THAT  A  COURT
 MAY,  IN  ITS  DISCRETION,  ADOPT  AN  EVALUATION  THAT HAS ALREADY BEEN
 COMPLETED IN LIEU OF ORDERING  A  CLINICAL  EVALUATION.  THE  COURT  MAY
 REQUIRE  THE  DEFENDANT TO MAKE A PRIMA FACIE SHOWING THAT THE DEFENDANT
 HAS ONE OR MORE QUALIFYING DIAGNOSES PRIOR TO ORDERING A CLINICAL EVALU-
 ATION. A REQUEST BY A DEFENDANT TO BE EVALUATED SHALL BE MADE AS SOON AS
 PRACTICABLE. SUCH EVALUATIONS SHALL TAKE PLACE WITHOUT UNDUE DELAY.
 S. 4547                             5
 
   (A) THE POSSIBILITY OF BEING EVALUATED SHALL NOT BE  CONTINGENT  ON  A
 WAIVER OF ANY OTHER SECTIONS OF THIS CHAPTER EXCEPT SUBDIVISIONS ONE AND
 TWO OF SECTION 30.30 OF THIS CHAPTER.
   [An  eligible] (B) A defendant may decline to [participate in] UNDERGO
 such an evaluation at any time.
   [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]
   (C)  NO  STATEMENT,  DISCLOSURE, OR REPRESENTATION MADE BY THE DEFENSE
 FOR THE PURPOSE OF PROVIDING RELEVANT INFORMATION TO THE  COURT  IN  THE
 APPLICATION  PROCESS SHALL BE USED BY THE PROSECUTION TO PROVE ANY CRIME
 OR OFFENSE ALLEGED IN THE PENDING CASE.
   (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.
   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
 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 of the evaluation report either] 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, 160.55, OR
 106.57 OF THIS CHAPTER. RELIABLE HEARSAY SHALL  BE  ADMISSIBLE  AT  SUCH
 S. 4547                             6
 
 HEARINGS. THE COURT SHALL EXPLAIN ITS DECISION ON THE RECORD OR IN WRIT-
 ING.
   (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 QUALIFYING  DIAG-
 NOSIS  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] QUALIFYING DIAGNOSIS; [and]
   (IV)  THE  DEFENDANT'S QUALIFYING DIAGNOSIS CAN BE EFFECTIVELY TREATED
 BY EXISTING TREATMENT PROVIDERS;
   (v) institutional confinement of the defendant is or may not be neces-
 sary for the protection of the public; AND
   (VI) 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] SUCH eligible defendant  [may]  SHALL  be
 allowed to participate in the judicial diversion program offered by this
 article.    [Prior  to  the  court's  issuing an order granting judicial
 diversion, the eligible defendant shall be required to enter a  plea  of
 guilty  to the charge or charges; provided, however, that no such guilty
 plea shall be required when:
   (a) the people and the court consent to the entry  of  such  an  order
 without a plea of guilty; or
   (b)  based on a finding of exceptional circumstances, the court deter-
 mines that a plea of guilty shall not be required. For purposes of  this
 subdivision,  exceptional  circumstances  exist  when, regardless of the
 ultimate disposition of the case, the entry of a plea of guilty is like-
 ly to result in severe collateral consequences.]
   (B) ELIGIBLE DEFENDANTS SHALL NOT BE REQUIRED  TO  SUBMIT  A  PLEA  OF
 GUILTY TO PARTICIPATE IN JUDICIAL DIVERSION UNLESS THEY ARE CHARGED WITH
 A  FELONY  ENUMERATED  IN  SECTION  70.02  OF  THE PENAL LAW, OTHER THAN
 ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE  OF  SECTION
 160.10  OF  THE  PENAL  LAW; PROVIDED, HOWEVER, THAT INDIVIDUALS CHARGED
 WITH BURGLARY IN THE SECOND DEGREE AS  DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION  140.25 OF THE PENAL LAW MAY ONLY BE REQUIRED TO ENTER A PLEA OF
 GUILTY TO PARTICIPATE IN  JUDICIAL  DIVERSION  WHERE  THE  DEFENDANT  IS
 CHARGED  WITH ENTERING THE LIVING AREA OF THE DWELLING.  INDIVIDUALS WHO
 HAVE BEEN DEEMED ELIGIBLE BY THE COURT  PURSUANT  TO  PARAGRAPH  (C)  OF
 SUBDIVISION  ONE  OF  SECTION  216.00 OF THIS ARTICLE MAY BE REQUIRED TO
 SUBMIT A PLEA OF GUILTY TO PARTICIPATE IN JUDICIAL DIVERSION.
   (C) UPON INDIVIDUALIZED CONSIDERATION, A COURT MAY AUTHORIZE ADMISSION
 INTO JUDICIAL DIVERSION FOR INDIVIDUALS CHARGED WITH OFFENSES ENUMERATED
 IN PARAGRAPH (B) OF THIS SUBDIVISION WITHOUT A PLEA OF GUILTY WHERE  THE
 COURT  FINDS  THAT  A  GUILTY PLEA IS NOT NECESSARY TO ENSURE SUCCESSFUL
 PARTICIPATION IN JUDICIAL DIVERSION OR THAT A GUILTY PLEA IS  LIKELY  TO
 RESULT IN SIGNIFICANT COLLATERAL CONSEQUENCES.
   (D)  NOTWITHSTANDING  THE  PLEA  RESTRICTIONS  STATED  IN  ARTICLE TWO
 HUNDRED TWENTY OF THIS PART, A PLEA OF GUILTY  UNDER  PARAGRAPH  (B)  OF
 S. 4547                             7
 
 THIS  SUBDIVISION  SHALL  BE  ACCOMPANIED  BY  AN  AGREEMENT BETWEEN ALL
 PARTIES THAT CLEARLY OUTLINES THE FOLLOWING:
   (I) THE CHARGE AND FINAL DISPOSITION AND SENTENCE THAT THE PARTICIPANT
 COULD FACE IF THEY FAIL TO COMPLETE JUDICIAL DIVERSION; AND
   (II)  THE CHARGE AND FINAL DISPOSITION AND SENTENCE THE PARTICIPANT IS
 ENTITLED TO RECEIVE UPON SUCCESSFUL COMPLETION OF JUDICIAL DIVERSION  IN
 ACCORDANCE WITH PARAGRAPH (E) OF THIS SUBDIVISION.
   (E)  NOTWITHSTANDING  THE  PLEA  RESTRICTIONS  STATED  IN  ARTICLE TWO
 HUNDRED TWENTY OF THIS PART, WHERE A PLEA OF GUILTY  IS  REQUIRED  UNDER
 PARAGRAPH  (B)  OF THIS SUBDIVISION, THE COURT MAY REQUIRE A PLEA TO ONE
 OR MORE COUNTS IN THE ACCUSATORY INSTRUMENT AND ANY ADDED FELONY, MISDE-
 MEANOR OR VIOLATION OFFENSE NOT INCLUDED IN THE ACCUSATORY INSTRUMENT IF
 THOSE CHARGES HAVE BEEN AGREED UPON PURSUANT TO  SUBPARAGRAPHS  (I)  AND
 (II)  OF  PARAGRAPH (D) OF THIS SUBDIVISION.  UPON SUCCESSFUL COMPLETION
 OF THE TREATMENT PLAN, IF  THE  PARTICIPANT  PLED  GUILTY  TO  A  FELONY
 CHARGE,  THE  COURT  SHALL  ALLOW THE PARTICIPANT TO WITHDRAW THE GUILTY
 PLEA AND DISMISS THAT CHARGE, AND OTHERWISE EXECUTE THE AGREEMENT PURSU-
 ANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF THIS SUBDIVISION; PROVIDED,
 HOWEVER, THAT IN THE INTEREST OF JUSTICE, THE COURT MAY ALSO DISMISS ANY
 REMAINING CHARGES.   UNDER NO  CIRCUMSTANCES  SHALL  A  PARTICIPANT  WHO
 SUCCESSFULLY  COMPLETES  JUDICIAL DIVERSION RECEIVE A SENTENCE OF INCAR-
 CERATION.
   (F) WHERE A GUILTY PLEA IS REQUIRED  PURSUANT  TO  THIS  ARTICLE,  THE
 COURT MAY ORDER TREATMENT TO BEGIN AND DEFER THE ENTRY OF THE PLEA UNTIL
 SUCH TIME AS THE PARTICIPANT IS ABLE TO ENTER A PLEA KNOWINGLY, INTELLI-
 GENTLY, AND VOLUNTARILY.
   (G) PRIOR PARTICIPATION IN TREATMENT OR COURT-MANDATED TREATMENT SHALL
 NOT PRECLUDE FUTURE TREATMENT PARTICIPATION.
   (H)  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, NOTWITHSTANDING THE PROVISIONS OF ARTICLE ONE HUNDRED
 EIGHTY-TWO OF THIS PART. WHEN SCHEDULING COURT APPEARANCES AND DETERMIN-
 ING THE TYPE OF  APPEARANCE  REQUIRED,  THE  COURT  SHALL  CONSIDER  THE
 PARTICIPANT'S  TREATMENT PROGRESS AND SHALL ATTEMPT TO AVOID UNDUE HARD-
 SHIP, 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 PARTIC-
 IPANT, THE COURT SHALL CONSIDER WAIVING THE APPEARANCE  OF  THE  PARTIC-
 IPANT;
   (C)  PERIODIC DRUG SCREENING AS NEEDED, WHEN RECOMMENDED BY THE TREAT-
 MENT PROVIDER AS PART OF A PARTICIPANT'S TREATMENT PLAN. DRUG  SCREENING
 SHALL  COMPORT WITH THE OFFICE OF ADDICTION SERVICES AND SUPPORTS' GUID-
 ANCE ON TOXICOLOGY USE;
 S. 4547                             8
 
   (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];
   (E)  A  REQUIREMENT  THAT  PARTICIPATION  IN THE TREATMENT PLAN MAY BE
 FACILITATED BY MEMBERS OF THE TREATMENT COURT TEAM;  PROVIDED,  HOWEVER,
 THAT  THERE  SHALL  BE  NO  COMMUNITY  SUPERVISION  OR MONITORING OF THE
 PARTICIPANT CONDUCTED BY ANY LAW ENFORCEMENT PERSONNEL, INCLUDING  THOSE
 DEFINED  BY SECTIONS 1.20 AND 2.10 OF THE CRIMINAL PROCEDURE LAW, UNLESS
 THE COURT DETERMINES THAT THERE ARE NO ALTERNATIVE ENTITIES IN THE LOCAL
 JURISDICTION AVAILABLE TO PROVIDE THESE SERVICES; OR
   (F) A REQUIREMENT THAT UNDER NO CONDITION SHALL MEMBERS OF THE  TREAT-
 MENT COURT TEAM: CONDUCT UNANNOUNCED SEARCHES OF THE PARTICIPANT'S HOME;
 SET CURFEWS, OTHER THAN THOSE ESTABLISHED BY A RESIDENTIAL FACILITY; SET
 LOCATION  RESTRICTIONS; OR LIMIT FAMILY AND PEER RELATIONSHIPS.
   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
 treatments under the care of a  health  care  professional  licensed  or
 certified  under title eight of the education law, acting within [his or
 her] THEIR lawful scope of practice[, provided that no].
   (A) NO COURT SHALL LIMIT THE MEDICATIONS THAT A LICENSED  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 QUALIFYING DIAGNOSIS and the
 effectiveness of the treatment program. In the event  that  a  treatment
 program  is  not immediately available or becomes unavailable during the
 S. 4547                             9

 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] MENTAL HEALTH
 DISORDERS INCLUDING SUBSTANCE USE DISORDERS,  however  defined  in  such
 policy;  shall first seek reimbursement for such treatment in accordance
 with the provisions of  such  policy  or  contract.  THE  COURT  IN  ITS
 DISCRETION  MAY  ORDER  THE 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.    IN
 CASES  WHERE THE PARTICIPANT HAS ENTERED A PLEA OF GUILTY, THE COURT MAY
 TRANSFER THE PARTICIPANT'S CASE TO THE JUDICIAL DIVERSION COURT  IN  THE
 COUNTY IN WHICH THE PARTICIPANT RESIDES OR AN ADJOURNING COUNTY 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.  NOTWITHSTANDING THE RESTRICTIONS OUTLINED IN
 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION, THE COURT MAY REQUIRE
 THE PARTICIPANT TO PLEAD GUILTY PRIOR TO THE TRANSFER  OF  THE  CASE  TO
 ANOTHER COUNTY.
   (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 appropriate
 peace officer directing [him  or  her]  THEM  to  take  the  [defendant]
 S. 4547                            10
 
 PARTICIPANT  into  custody  and bring the [defendant] PARTICIPANT before
 the court without unnecessary delay; provided, however,  that  under  no
 circumstances shall a [defendant] PARTICIPANT who requires treatment for
 opioid  use  be deemed to have violated a release condition on the basis
 of [his or her] THEIR participation in medically prescribed drug  treat-
 ments under the care of a health care professional licensed or certified
 under title eight of the education law, acting within [his or her] THEIR
 lawful  scope  of  practice.  WHERE A COURT INTENDS TO IMPOSE A RESPONSE
 THAT WOULD RESULT IN INCARCERATION OR TERMINATION FROM  JUDICIAL  DIVER-
 SION,  THE COURT SHALL CONDUCT A HEARING ON THE ALLEGED VIOLATION PURSU-
 ANT TO PARAGRAPH (B) OF THIS SUBDIVISION WITH AT LEAST FORTY-EIGHT HOURS
 NOTICE TO THE PARTICIPANT OR THE PARTICIPANT'S COUNSEL, UNLESS NOTICE IS
 WAIVED BY THE PARTICIPANT.   IN VIOLATIONS  THAT  MAY  RESULT  IN  OTHER
 POSSIBLE  RESPONSES,  A  COURT  MAY  GRANT  SUCH  HEARING AS A MATTER OF
 DISCRETION. The relevant provisions of section 530.60  of  this  chapter
 relating  to issuance of securing orders shall apply to such proceedings
 under this subdivision.
   (b) [In determining whether a defendant violated a condition of his or
 her release under the judicial diversion program, the court may  conduct
 a  summary hearing consistent with due process and sufficient to satisfy
 the court that the defendant has,  in  fact,  violated  the  condition.]
 WHERE  A HEARING IS CONDUCTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION:
   (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) THE COURT SHALL CONSIDER ORAL AND  WRITTEN  ARGUMENTS,  TESTIMONY
 FROM  WITNESSES OFFERED BY EITHER PARTY, AND RELEVANT EVIDENCE TO ASSIST
 IN MAKING ITS DETERMINATION. RELIABLE HEARSAY  SHALL  BE  ADMISSIBLE  AT
 SUCH HEARINGS.
   (III)  THE  COURT  SHALL  EXPLAIN  ITS  FINDINGS  AND  SENTENCE, IF SO
 IMPOSED, ON THE RECORD OR IN WRITING.
   (IV) 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
 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
 S. 4547                            11

 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) IN THE EVENT OF TERMINATION FROM THE JUDICIAL  DIVERSION  PROGRAM,
 ALL  PARTICIPANTS,  EXCEPT  THOSE  WHO ENTERED A GUILTY PLEA PURSUANT TO
 PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF  THIS  SECTION,  SHALL  RESUME
 PROCEEDINGS IN CRIMINAL OR SUPREME COURT. THOSE WHO PREVIOUSLY ENTERED A
 GUILTY PLEA SHALL BE SENTENCED ACCORDING TO THE FOLLOWING PROVISIONS:
   (I) UPON INDIVIDUALIZED CONSIDERATION, THE COURT IN ITS DISCRETION MAY
 DOWNWARDLY  DEPART  FROM  THE  DISPOSITION  AND SENTENCE OUTLINED IN THE
 AGREEMENT UNDER PARAGRAPH (D) OF SUBDIVISION FOUR OF THIS SECTION.
   (II) NOTWITHSTANDING THE SENTENCING RESTRICTIONS OUTLINED  IN  SECTION
 70.00,  70.02, 70.04, 70.06, 70.08, OR 70.10 OF THE PENAL LAW, WHERE THE
 COURT DETERMINES THAT THE INDIVIDUAL MADE A GOOD FAITH EFFORT TO PARTIC-
 IPATE IN THE JUDICIAL DIVERSION PROGRAM, THE COURT SHALL IMPOSE A  DEFI-
 NITE  SENTENCE OF IMPRISONMENT OF THREE HUNDRED SIXTY-FOUR DAYS OR LESS,
 PROBATION, A CONDITIONAL DISCHARGE, OR A DETERMINATE TERM  OF  IMPRISON-
 MENT AS FOLLOWS:
   (1) FOR A CLASS B FELONY, THE TERM MUST NOT EXCEED FIVE YEARS;
   (2)  FOR A CLASS C FELONY, THE TERM MUST NOT EXCEED THREE AND ONE-HALF
 YEARS;
   (3) FOR A CLASS D FELONY, THE TERM MUST NOT EXCEED TWO YEARS; AND
   (4) FOR A CLASS E FELONY, THE TERM MUST NOT EXCEED  ONE  AND  ONE-HALF
 YEARS.
   (III) PRIOR TO IMPOSING ANY SENTENCE OF INCARCERATION, THE COURT SHALL
 HOLD  A HEARING TO CONSIDER WHETHER IT WOULD BE UNDULY HARSH TO IMPOSE A
 SENTENCE OF INCARCERATION IN LIGHT OF THE NATURE  AND  CIRCUMSTANCES  OF
 THE  UNDERLYING  CHARGES AND THE HISTORY, CHARACTER AND CONDITION OF THE
 DEFENDANT. IN ADDITION, THE COURT SHALL CONSIDER  ANY  OTHER  MITIGATING
 FACTORS.
   (IV)  AT  THE  HEARING  TO  DETERMINE  WHETHER THE DEFENDANT SHOULD BE
 SENTENCED PURSUANT TO THIS SUBDIVISION, THE COURT  SHALL  CONSIDER  ORAL
 AND  WRITTEN  ARGUMENTS, TAKE TESTIMONY FROM WITNESSES OFFERED BY EITHER
 PARTY, AND CONSIDER RELEVANT EVIDENCE TO ASSIST IN MAKING  ITS  DETERMI-
 S. 4547                            12
 
 NATION.    RELIABLE  HEARSAY  SHALL  BE ADMISSIBLE AT SUCH HEARINGS. THE
 COURT SHALL EXPLAIN ITS SENTENCE ON THE RECORD OR IN WRITING.
   [(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.
   [(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] WHERE THE PARTICIPANT WAS REQUIRED TO ENTER
 A PLEA OF GUILTY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS
 SECTION,  THE COURT SHALL APPLY THE DISPOSITION AND SENTENCE OUTLINED IN
 THE AGREEMENT UNDER SUBPARAGRAPH (II) OF PARAGRAPH  (D)  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION.  WHERE  THE PARTICIPANT DID NOT ENTER A PLEA OF
 GUILTY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS  SECTION,
 THE  COURT  SHALL  DISMISS the indictment OR SUPERIOR COURT INFORMATION,
 FELONY COMPLAINT, MISDEMEANOR COMPLAINT, INFORMATION, SIMPLIFIED  INFOR-
 MATION,  OR  PROSECUTOR'S  INFORMATION  AND  SEAL  THE  CASE PURSUANT TO
 SECTION 160.50 OF THIS CHAPTER.
   (A) PARTICIPANTS WHO SUCCESSFULLY COMPLETE JUDICIAL DIVERSION SHALL BE
 ELIGIBLE TO APPLY FOR SEALING PURSUANT TO SECTION 160.58 OF  THIS  CHAP-
 TER.
   (B)  UPON SUCCESSFUL COMPLETION OF JUDICIAL DIVERSION, THE COURT SHALL
 NOTIFY THE PARTICIPANT OF THEIR POTENTIAL ELIGIBILITY FOR SEALING PURSU-
 S. 4547                            13
 
 ANT 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.
   (C)  WHERE  NECESSARY, THE COURT MAY ISSUE A FINAL ORDER OF PROTECTION
 AS OUTLINED IN SUBDIVISION FIVE OF SECTION 530.12 OR SUBDIVISION FOUR OF
 530.13 OF THIS CHAPTER EVEN WHERE THE FINAL DISPOSITION IS A  DISMISSAL.
 NOTWITHSTANDING THE RESTRICTIONS OF SECTION 160.50 OF THIS CHAPTER, SUCH
 ORDER  OF  PROTECTION  AND ANY DOCUMENTS NECESSARY TO ESTABLISH PROOF OF
 SERVICE MAY BE MADE AVAILABLE  TO  QUALIFIED  AGENCIES,  AS  DEFINED  IN
 SUBDIVISION  NINE  OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE
 LAW. THE DURATION OF SUCH FINAL ORDER OF  PROTECTION  SHALL  NOT  EXCEED
 FIVE YEARS.
   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,
 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;
 S. 4547                            14

   (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  QUALIFYING  DIAGNOSIS  OR  DIAGNOSES 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;
   (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;
   (G) THE AVERAGE AMOUNT OF TIME THAT AN ELIGIBLE  DEFENDANT  MUST  WAIT
 FOR A CLINICAL EVALUATION; AND
   (H)  THE  NUMBER  OF  ELIGIBLE DEFENDANTS DENIED ADMISSION TO JUDICIAL
 DIVERSION DUE TO THE UNAVAILABILITY OF TREATMENT  SERVICES  PURSUANT  TO
 SUBPARAGRAPH (IV) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION 216.05
 OF  THIS  ARTICLE,  AND THE SPECIFIC QUALIFYING DIAGNOSIS THAT THE COURT
 DETERMINED COULD NOT BE ADEQUATELY TREATED BY EXISTING  TREATMENT  COURT
 PROVIDERS.
   § 8. Subdivision 5 of section 170.15 of the criminal procedure law, as
 amended  by  chapter  91  of  the  laws  of  2021, is amended to read as
 follows:
   5. (a) Notwithstanding any provision of this section to the  contrary,
 in  any  county  [outside  a  city having a population of one million or
 more], upon or after arraignment of a defendant  on  an  information,  a
 simplified  information,  a  prosecutor's  information  or a misdemeanor
 complaint pending in a local criminal court,  such  court  [may]  SHALL,
 upon  motion  of the defendant and after giving the district attorney an
 opportunity to be heard, order that the action be removed from the court
 in which the matter is pending to another local criminal  court  in  the
 same  county,  or with consent of the district attorney and the district
 attorney of the adjoining county to another court in [such] AN adjoining
 county, OR TO A COURT IN THE COUNTY IN WHICH THE DEFENDANT RESIDES  that
 has  been designated as a JUDICIAL DIVERSION, human trafficking [court],
 or veterans treatment court by the chief administrator  of  the  courts,
 and  such  JUDICIAL  DIVERSION,  human  trafficking [court], or veterans
 treatment court [may] SHALL then conduct  such  action  to  judgment  or
 other  final  deposition;  provided,  however,  that  no court may order
 removal pursuant to this subdivision to a veterans treatment court of  a
 family  offense charge described in subdivision one of section 530.11 of
 this chapter where the accused and the person alleged to be  the  victim
 of  such  offense charged are members of the same family or household as
 defined in such subdivision one of section 530.11; and provided  further
 that  an  order  of removal issued under this subdivision shall not take
 effect until five days after the date the order is issued unless,  prior
 to  such  effective date, the human trafficking court or veterans treat-
 ment court notifies the court that issued the order that:
   i. it will not accept the action, in which event the order  shall  not
 take effect; or
   ii.  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   (b) Upon providing notification pursuant to subparagraph i  or  ii  of
 paragraph (a) of this subdivision, the human trafficking court or veter-
 ans treatment court shall promptly give notice to the defendant, [his or
 her] THE DEFENDANT'S counsel, and the district attorney.
 S. 4547                            15
 
   § 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] THE DEFENDANT'S 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
 S. 4547                            16
 
 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] THE DEFENDANT'S 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
 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
 S. 4547                            17

 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. Paragraph (j) of subdivision 1 of section 210.40 of the criminal
 procedure law, as added by chapter 216 of the laws of 1979,  is  amended
 to read as follows:
   (j)   any other relevant fact indicating that a judgment of conviction
 would serve no useful purpose, INCLUDING BUT NOT LIMITED TO, WHETHER THE
 DEFENDANT WAS DENIED ADMISSION TO JUDICIAL DIVERSION DUE TO THE UNAVAIL-
 ABILITY OF ADEQUATE TREATMENT SERVICES PURSUANT TO SUBPARAGRAPH (IV)  OF
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 216.05 OF THIS CHAPTER.
   § 14. Paragraph (j) of subdivision 1 of section 170.40 of the criminal
 procedure  law,  as added by chapter 216 of the laws of 1979, is amended
 to read as follows:
   (j)  any other relevant fact indicating that a judgment of  conviction
 would serve no useful purpose, INCLUDING BUT NOT LIMITED TO, WHETHER THE
 DEFENDANT WAS DENIED ADMISSION TO JUDICIAL DIVERSION DUE TO THE UNAVAIL-
 ABILITY  OF ADEQUATE TREATMENT SERVICES PURSUANT TO SUBPARAGRAPH (IV) OF
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 216.05 OF THIS CHAPTER.
   § 15. 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.