Relates to the removal of an action from a problem solving court

Title of bill

An act to amend the criminal procedure law, in relation to a "problem solving court"

Purpose

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 amends subdivision 4 of section 170.15 of the criminal procedure law, to allow for an county outside of a city having a population of one million or more the ability to move an action pending in local criminal court to a court of special concern, 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 is the effective date.

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 innovative 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 offenders 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 reducing 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 Administration 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.

Legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.