What's happening
This bill expands eligibility for transferring criminal cases to specialized "problem solving courts," such as drug, domestic violence, youth, mental health, or veterans courts.
Why it matters
Broader access to problem-solving courts means more defendants (not just those with substance abuse issues) could be diverted from traditional prosecution to courts tailored for issues like mental health, youth status, domestic violence, or veteran status—potentially leading to more individualized, rehabilitative outcomes.
The amendment changes the requirement from needing the district attorney’s consent to merely giving the district attorney an opportunity to be heard, which could lower barriers for eligible defendants to access specialized court programs.
By explicitly naming courts for domestic violence, youth, mental health, and veterans alongside drug courts, the bill recognizes a wider range of social and personal issues that may underlie criminal behavior, supporting a more holistic approach to justice.
This change could help reduce recidivism, ease court backlogs, and lessen jail populations, as problem-solving courts often focus on root causes and long-term solutions rather than punitive measures.
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Who cares
Headline styles
Update Problem Solving Court Transfers
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Substituted by S3889
- Advanced to third reading cal.253
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Change Problem Court Transfers
Signed by Governor · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3889 A. 5937
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 20, 2019
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to a "problem solving court"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 170.15 of the criminal procedure law, as amended by chapter 67 of the laws of 2000, is amended to read as follows:
4. Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor's information or a misdemeanor complaint pending in a local criminal court, such court may, upon motion of the defendant and [with the consent of the] after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same county which has been designated a [drug] court formed to address a matter of special concern based upon the status of the defendant or the victim, 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, by the chief administrator of the courts, and such [drug] problem solving court may then conduct such action to [judgement] judgment or other final disposition; provided, however, that an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the [drug] problem solving court notifies the court that issued the order that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05318-02-9
S. 3889 2 A. 5937
(a) it will not accept the action, in which event the order shall not take effect, or
(b) it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date.
Upon providing notification pursuant to paragraph (a) or (b) of this subdivision, the [drug] problem solving court shall promptly give notice to the defendant, his or her counsel and the district attorney.
§ 2. This act shall take effect immediately.
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.