What's happening
This bill allows certain criminal cases to be transferred to specialized "problem solving courts" such as drug, mental health, or veterans courts, after giving the district attorney a chance to be heard.
Why it matters
Expands eligibility for "problem solving courts". By allowing cases to be moved to specialized courts based on factors related to the defendant or victim (such as mental health, youth, or veteran status—not just drug offenses), the bill broadens access to alternatives that focus on rehabilitation and tailored interventions.
Increases judicial flexibility. Judges gain more authority to transfer cases after considering the district attorney’s input, which can help direct people with specific needs to courts better equipped to address underlying issues, potentially reducing recidivism.
Maintains prosecutorial voice, not veto. The change requires the DA to be given a chance to be heard, but not to give consent, shifting the balance of decision-making power and potentially making it easier for defendants to access these specialized courts even if the DA objects.
May impact court resources and public safety perceptions. With more types of cases and individuals eligible for transfer, the bill could increase demand on these courts and may raise questions about consistency in how cases are handled across different jurisdictions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Change Problem Court Transfers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Signed chap.634
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.253
- Substituted for A5937
- Referred to codes
- Delivered to assembly
- Passed senateVote 51–10
- Ordered to third reading cal.349
- Committee discharged and committed to rules
- 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.
Update Problem Solving Court Transfers
Assembly Floor Calendar · Sponsor Sandy Galef
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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to a "problem solving court"
Purpose or general idea of bill
The purpose of this legislation is 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. Subdivision 4 of section 170.15 of the Criminal Procedure Law is amended so that certain courts, with appropriate approvals, may 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 desig- nated a 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.
Read the full memo (605 words)
Section 2. Establishes the effective date.
Difference between original and amended version (if applicable)
This section is not applicable at this time.
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 innova- tive 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 offen- ders 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 reduc- ing 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 Adminis- tration 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.
Prior legislative history
A. 10072 and S.3039 of 2017/2018 S.6595 of 2015/2016 Similar to: A.9833-B of 2015/2016
Fiscal implications for state and local governments
There are no fiscal implications for the State in association with the passage of this legislation.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.