Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5937
SPONSOR: Galef TITLE OF BILL:
An act to amend the criminal procedure law, in relation to a "problem
solving court"
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow any county, outside of a
city having a population of one million or more, the ability to move an
action pending in a local criminal court to a court of special concern
based upon the status of the defendants or the victim, commonly known as
a "problem solving court."
SUMMARY OF PROVISIONS:
Section 1. Subdivision 4 of section 170.15 of the Criminal Procedure Law
is amended so that certain courts, with appropriate approvals, may order
that the action be removed from the court in which the matter is pending
to another local criminal court in the same county which has been desig-
nated a court formed to address a matter of special concern based upon
the status of the defendant or the victim, commonly known as a "problem
solving court," including, but not limited to, drug court, domestic
violence court, youth court, mental health court, and veterans court.
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This section is not applicable at this time.
JUSTIFICATION:
In 1998, Rockland County obtained state permission, through legislation
enacting the original Criminal Procedure Law Section 170.15(3) and (4),
to create the first official felony and misdemeanor drug courts in New
York State. Rockland Counties model was so successful that this innova-
tive solution was first expanded to Suffolk and Tompkins Counties in
1999, and then virtually statewide in 2000. The success of the drug
court model cannot be overstated.
Since that time, our notion of justice has expanded to include the
concept that many victims and defendants need assistance due to their
special status. Courts addressing special victims, such as Integrated
Domestic Violence ("IDV") Courts serve a particular class of victims,
while Mental Health Courts and Veterans Courts serve those populations.
These courts, addressing issues particular to specific types of offen-
ders or victims, are called "problem solving" courts, a term hardly
known when Rockland started its drug court.
In addition, pilot programs have begun to address the differences
between young offenders and adult criminals. A number of counties have
established Adolescent Diversion Part ("ADP") Courts to better serve
young offenders. In Nassau County, the ADP Court has succeeded in reduc-
ing time to disposition while simultaneously winnowing offenders most
likely to commit further offenses, all while directing scarce services
to those who need them the most. Many counties wish to centralize ADP
Courts to better serve this population. However, counties outside New
York City are stymied by a significant jurisdictional issue: currently,
only drug misdemeanors may be transferred between Town and Village
Justice Courts.
This legislation will expand the use of "problem solving" courts to
counties outside of cities with a population of one million or more.
More specifically, it will allow cases to be transferred from one Town
or Village Justice Court to another when the Office of Court Adminis-
tration has designated the transferee Court as a "problem solving" court
of any particular type. This will allow counties to centralize similar
cases to concentrate both law enforcement and therapeutic services to
specific populations beyond drug courts, hopefully with similar success
to the drug court model.
PRIOR LEGISLATIVE HISTORY:
A. 10072 and S.3039 of 2017/2018
S.6595 of 2015/2016
Similar to:
A.9833-B of 2015/2016
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications for the State in association with the
passage of this legislation.
EFFECTIVE DATE:
This act shall take effect immediately.
