SENATOR NOZZOLIO SPONSORS LEGISLATION TO MAKE IT MORE DIFFICULT FOR CAREER CRIMINALS TO ENTER DIVERSION PROGRAMS

New York State Senator and Senate Codes Committee Chairman Michael Nozzolio recently joined his colleagues in sponsoring new legislation which would make it more difficult for career criminals to enter judicial drug diversion programs.  The bill, known as “Holder’s Law,” was drafted in response to the recent killing of New York City Police Officer Randolph Holder and would prohibit those with two or more felony convictions from entering drug treatment as an alternative to serving jail time.

“The murder of Police Officer Randolph Holder was an avoidable tragedy,” said Senator Nozzolio.  “The man who gunned down Officer Holder had 23 previous arrests, but was still eligible and awarded judicial diversion, despite the prosecution’s pleas for incarceration.  This is the clearest example of a system that is not working.  Holder’s Law would ensure that safeguards are in place to keep career criminals off our streets and out of our communities,” Senator Nozzolio continued.

If enacted into law, the bill, S.6082, would require the district attorney to sign off on any agreement that includes judicial drug diversion.  Additionally, the court would be required to consider and make an on-the-record finding about an offender’s potential risk to the public.

“Holder’s Law is common-sense legislation that will narrow the eligibility requirements for those entering judicial diversion programs and will ensure that only those who are truly qualified will be allowed to enter the program and that our public safety is not compromised,” concluded Senator Nozzolio.

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