Provides for the removal of a criminal action to another criminal court in the same county or an adjoining county that has been designated a vete

5 Co-sponsors

• Michael F. Nozzolio
• Thomas Croci
• William J. Larkin Jr.
• Robert Ortt
• Terrence P. Murphy

BILL NUMBER:S5677

Title of bill

An act to amend the criminal procedure law, in relation to removal of a criminal action to a veterans treatment court

This measure is being introduced at the request of the State's Chief Judge and Attorney General. It has the further endorsement of the Chief Administrative Judge's Advisory Committee on Criminal Law and Procedure.

This measure would amend the Criminal Procedure Law to allow for removal of a criminal action against a veteran to a Veterans Court in the same or an adjacent county. The measure only applies to counties outside New York City and removal may only be done with the consent of the court, the defendant and prosecutor.

Studies have shown that at least twenty percent of the 1.6 million troops who served in Iraq and Afghanistan from 2001-2008 will face serious mental health injuries such as post-traumatic- stress-disorder, traumatic brain injury or major depression*. Because most do not carry the visible scars of war, veterans often suffer in silence and without access to the support services that may be available to them. Their disorders lead to higher rates of divorce, drug and alcohol abuse and incarceration. After recognizing a growing problem with low level criminal conduct committed by servicemen returning from military service, Erie County started the nation's first veterans court in 2008. That experience has established that veterans are ideal candidates for diversion because they are often able to be connected to benefits and treatment earned through military service. The court has been the model for veterans courts instituted in other counties in New York and throughout the nation.

The veterans court is a hybrid drug and mental health court that serves veterans who are struggling with addiction, mental illness or other problems. When a qualified veteran is identified, usually at or before arraignment, the qualifying defendant is diverted from the traditional criminal prosecution into the more specialized treatment path of the veterans court. Offenders are assessed by the Veterans Administration in their local area, enrolled in a program that addresses their mental health or substance abuse issues and then meet with a team including the judge, veteran mentors and other service providers. Judges see the veterans once a week or every two weeks as they progress toward mental fitness or sobriety until their treatment program is completed. The process usually extends from 12 to 16 months, and recidivism rates for veterans who complete the program are exceptionally low.

Although there are 20 veterans courts in New York State, veterans who are arrested in jurisdictions that do not have a veterans court are simply unable to avail themselves of the special services such courts provide. This measure is designed to help alleviate that problem by allowing these services to be made available to veterans in nearby communities that technically fall outside a court's regular, jurisdiction. To qualify, however, a defendant must consent to the diversion and must receive the approval of the local court, the veterans court and the prosecutor.

This measure, which would have no meaningful fiscal impact, would take effect immediately.

Legislative History:

None. New proposal.

Invisible Wounds of war, Summary and Recommendations for Addressing Psychological and Cognitive Injuries, Rand Corporation, Center for Military Health Policy Research, 2008/