Allows for the removal of an action from one local criminal court to another local criminal court which has been designated a problem-solving court by the chief administrator of the courts

BILL NUMBER:S7427

Title of bill

An act to amend the criminal procedure law, in relation to removal of an action from one local criminal court to another local criminal court established as a problem-solving court

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee.

Criminal Procedure Law section 170.15(4) now authorizes the transfer of cases from one local criminal court to another local criminal court where the transferee court is a drug treatment court. This measure would amend CPL 170.15(4) to expand a local criminal court's ability to trans- fer cases to another local problem-solving court, including but not limited to a drug court, mental health court, veterans court, adolescent diversion part, domestic violence misdemeanor part, sex offense court, community court or human trafficking court, in order to take advantage of the specialized support services and resources available in those courts for defendants charged with non-felony offenses. The existing requirement that a transfer take place upon the motion of the defendant and with the consent of the district attorney would remain unchanged.

This measure recognizes that the growth and efficacy of problem-solving courts in New York and around the country have improved the adminis- tration of justice, enabling judges and court staff to better address the needs of litigants and communities. Problem-solving courts take different forms and provide different services depending on the problems they are designed to address. In general they seek to resolve the under- lying issues that bring people into the court system through use of intensive judicial monitoring, treatment where appropriate, coordination with outside service providers, removal of barriers between courts, and increased communication and coordination with stakeholders. Certain problem-solving courts such as drug and mental health courts focus on treatment and rehabilitation, while others, including domestic violence courts, employ vigorous judicial monitoring and mandated programs and probation to ensure compliance and accountability. For some local crimi- nal courts, it is neither economical nor practical to provide the kinds of intensive services and monitoring that a problem-solving court routinely provides. Accordingly, it makes sense for that local court, with the parties' consent, to transfer certain cases to local problem- solving courts in the county that possess the appropriate resources and services to adjudicate such cases.

In sum, this measure authorizing the transfer of cases from one local criminal court to another local criminal court designated a problem- solving court by the Chief Administrator of the Courts would improve the administration of justice by eliminating unnecessary jurisdictional barriers that currently prevent local courts and litigants from making efficient use of existing resources and services within a county.

This measure, which would have no fiscal impact, would take effect imme- diately.

Legislative History: None. New proposal.