Bill Text: NY S00027 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Enacts "Officer Randolf Holder's law"; relates to the judicial diversion program for certain felony offenders.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Engrossed - Dead) 2018-06-20 - referred to codes [S00027 Detail]

Download: New_York-2017-S00027-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           27
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  GOLDEN,  DeFRANCISCO, MARCHIONE, O'MARA, YOUNG --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Alcoholism and Drug Abuse
        AN  ACT to amend the criminal procedure law, in relation to enacting the
          "Officer Randolph Holder's law"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act shall be known and may be cited as the "Officer
     2  Randolph Holder's law."
     3    § 2. Paragraph (b) of subdivision 1 of section 216.00 of the  criminal
     4  procedure  law,  as  added by section 4 of part AAA of chapter 56 of the
     5  laws of 2009, is amended to read as follows:
     6    (b) has previously been adjudicated a second felony offender  pursuant
     7  to section 70.06 of the penal law or a persistent felony offender pursu-
     8  ant  to section 70.10 of the penal law or a second violent felony offen-
     9  der pursuant to section 70.04 of the penal law or a  persistent  violent
    10  felony offender pursuant to section 70.08 of the penal law.
    11    §  3. Paragraph (d) of subdivision 2 of section 216.00 of the criminal
    12  procedure law, as added by section 4 of part AAA of chapter  56  of  the
    13  laws of 2009, is amended to read as follows:
    14    (d)  any  other  information,  factor, circumstance, or recommendation
    15  deemed relevant by the assessing entity or specifically requested by the
    16  court. This shall  include  any  information,  factor,  or  circumstance
    17  relating  to  the defendant's potential for behavior that may jeopardize
    18  the safety of others receiving treatment or the safety of the public.
    19    § 4. Subdivision 3 of section 216.05 of the criminal procedure law, as
    20  added by section 4 of part AAA of chapter 56 of the  laws  of  2009,  is
    21  amended to read as follows:
    22    3. [(a) Upon receipt of the evaluation report either party may request
    23  a  hearing  on  the  issue  of  whether the eligible defendant should be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05992-01-7
        S. 27                               2

     1  offered alcohol or substance abuse treatment pursuant to  this  article.
     2  At  such  a proceeding, which shall be held as soon as practicable so as
     3  to facilitate early intervention in the  event  that  the  defendant  is
     4  found  to  need  alcohol  or  substance  abuse  treatment, the court may
     5  consider oral and written arguments, may take testimony  from  witnesses
     6  offered  by either party, and may consider any relevant evidence includ-
     7  ing, but not limited to, evidence that:
     8    (i) the defendant had within the preceding ten  years  (excluding  any
     9  time  during  which the offender was incarcerated for any reason between
    10  the time of the acts that led to the youthful offender adjudication  and
    11  the time of commission of the present offense) been adjudicated a youth-
    12  ful  offender  for:  (A)  a violent felony offense as defined in section
    13  70.02 of the penal law; or (B) any offense for which a merit time allow-
    14  ance is not available pursuant to subparagraph (ii) of paragraph (d)  of
    15  subdivision  one  of  section eight hundred three of the correction law;
    16  and
    17    (ii) in the case of a felony offense defined in  subdivision  four  of
    18  section  410.91  of  this  chapter, any statement of or submitted by the
    19  victim, as defined in paragraph (a) of subdivision two of section 380.50
    20  of this chapter.
    21    (b)] Upon [completion of such a proceeding] consent of the prosecutor,
    22  the court shall consider and make  findings  of  fact  with  respect  to
    23  whether:
    24    [(i)]  (a) the defendant is an eligible defendant as defined in subdi-
    25  vision one of section 216.00 of this article;
    26    [(ii)] (b) the defendant has a history of alcohol or  substance  abuse
    27  or dependence;
    28    [(iii)]  (c)  such  alcohol  or  substance  abuse  or  dependence is a
    29  contributing factor to the defendant's criminal behavior;
    30    [(iv)] (d) the defendant's participation in judicial  diversion  could
    31  effectively address such abuse or dependence; [and]
    32    [(v)]  (e) institutional confinement of the defendant is or may not be
    33  necessary for the protection of the public; and
    34    (f) entry into the diversion program poses a risk to public safety.
    35    § 5. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.