What's happening
This bill allows courts to access sealed criminal records when evaluating defendants for judicial diversion programs for substance abuse treatment.
Why it matters
Expands what courts can consider. By allowing access to sealed criminal records, including juvenile and youthful offender cases, courts will have a more complete picture of a defendant’s past when deciding if they qualify for judicial diversion programs.
Impacts privacy and rehabilitation. The bill reduces confidentiality protections for past offenses, which may make some individuals more hesitant to seek treatment if it means their sealed history could be reviewed and influence eligibility.
Could affect who gets treatment options. Judges may use information from sealed records to deny diversion to individuals with extensive or serious hidden criminal histories, potentially limiting access to treatment programs for some people.
Signals a shift in balancing public safety and second chances. The legislation reflects a policy choice to prioritize full disclosure over the traditional privacy granted by sealing, highlighting concerns about risk assessment in diversion decisions.
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Who cares
Headline styles
Expand Court Access to Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1829
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for certain felony offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 2 of section 216.00 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009 is amended, paragraph (d) of such subdivision is relettered paragraph (e), and a new paragraph (d) is added to read as follows:
(c) a recommendation as to the treatment modality, level of care and length of any proposed treatment to effectively address the defendant's alcohol or substance abuse or dependence and any co-occurring mental disorder or illness; [and]
(d) a complete description of the defendant's criminal history, including sealed cases, such as juvenile delinquency determinations, juvenile offender cases, youthful offender adjudications, and adjournments in contemplation of dismissal, with the defendant's request for an alcohol and substance abuse evaluation being deemed a waiver of all sealing provisions and an authorization for release of all sealed records for purposes of the evaluation and the court's determination of the defendant's application to be offered alcohol or substance abuse treatment pursuant to this article; and
§ 2. Subparagraphs (ii), (iii), (iv) and (v) of paragraph (b) of subdivision 3 of section 216.05 of the criminal procedure law are renumbered subparagraphs (iii), (iv), (v) and (vi) and a new subparagraph (ii) is added to read as follows:
(ii) despite the defendant being an eligible defendant, the defendant's criminal history, including information contained in previously sealed records, indicates that the defendant should not be offered alcohol or substance abuse treatment pursuant to this article;
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01901-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.