What's happening
This bill allows criminal cases involving veterans to be transferred to veterans treatment courts, even in adjoining counties, to expand access.
Why it matters
Expands Treatment Options for Veterans. By allowing criminal cases involving veterans to be transferred to veterans treatment courts in neighboring counties, the bill addresses gaps in coverage—especially in areas where such specialized courts do not yet exist—ensuring more veterans have access to tailored rehabilitation and support services.
Targets Root Causes of Veteran Offenses. The legislation recognizes that many veterans’ legal troubles stem from service-related trauma, mental health issues, or substance abuse, and seeks to connect them with courts equipped to address these underlying problems, potentially reducing recidivism and promoting better long-term outcomes.
Encourages Judicial Efficiency and Flexibility. The bill follows a defendant-driven, consent-based approach (requiring agreement from both the veteran and the district attorney), which respects prosecutorial discretion and court resources while streamlining the process for veterans seeking specialized treatment.
Signals Statewide Commitment. By directing the chief administrator of the courts to establish more veterans treatment courts as needed, the bill demonstrates a legislative priority to expand these services, potentially leading to broader reforms in how the justice system responds to the needs of those who have served.
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Who cares
Veterans facing criminal charges
The bill would let defendants outside cities with one million or more residents request transfer to a veterans treatment court in the same or an adjoining county, with court approval and district attorney consent.
District attorneys and defense lawyers
Defense requests for transfers would require district attorney consent for cases involving misdemeanor or felony complaints and other specified local criminal court filings.
Veterans treatment courts
Receiving courts could decline a transferred case or accept it before the standard five-day waiting period ends, with notice to the defendant, defense counsel and district attorney.
Chief administrator of the courts
The bill would direct the administrator to establish additional veterans treatment courts as needed to fulfill the bill’s purposes, to the extent practicable.
Headline styles
Expand Veterans Court Access
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4418
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the removal of a criminal action to a veterans treatment court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The legislature finds and declares that New York, along with the rest of the country, owes an enduring debt to the brave men and women who have served in our nation's armed forces. Their service in defense of our country and its ideals must never be forgotten. We also must not fail to recognize that when veterans return from foreign conflicts their transition to civilian life is not always an easy one and can be marked by depression, other forms of mental illness and substance abuse. Studies have shown that the trauma a soldier suffers while deployed is a major contributing factor to low level, but often persistent, criminal activity.
New York stands in the vanguard for treating veterans whose criminal conduct is linked to their military service. In 2008, the nation's first veterans treatment court was started in the Buffalo city court. By recognizing the root causes of many veterans' contacts with the criminal justice system and applying proven resources, including counseling, treatment for drug or alcohol addiction, hands-on assistance with housing needs and job training and placement, we have led the way in reducing recidivism among returning veterans. Starting with that single court in Buffalo, the veterans treatment court has become the model for many other states. While New York now has twenty veterans treatment courts and at least two additional courts in the planning stage, not all of New York's veterans live in a jurisdiction that currently has such a court. We can do better.
In order to broaden the availability of veterans treatment courts to qualified veterans, this act would authorize the transfer of a criminal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10457-01-9
S. 4418 2
case against a qualified veteran whose charges are pending in a local criminal court that is not a veterans treatment court to another local criminal court within the same county that is a veterans treatment court. Following the successful "drug hub court" model, the case could only be transferred on the application of the defendant, and with the consent of the court and district attorney. Recognizing that resource constraints and the need for extensive planning and coordination among the judiciary and local, state and federal agencies have limited the availability of veterans treatment courts in certain jurisdictions in the state, this measure also would permit a qualified veteran to apply to have his or her criminal case transferred to a veterans treatment court located in an adjoining county. This will ensure the broadest possible reach of every existing veterans treatment court, and send a signal that New York and its courts are committed to acknowledging and serving the special needs of the greatest number of qualified veterans. In practical terms, the act would immediately more than double the number of counties where veterans charged with criminal offenses would have access to the proven benefits of a veterans treatment court.
§ 2. 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 district attorney, 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 by the chief administrator of the courts, or to another local criminal court in the same county or an adjoining county that has been designated a veterans treatment court by the chief administrator of the courts, and such drug court or veterans treatment 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 court or veterans treatment court notifies the court that issued the order that:
(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 court or veterans treatment court shall promptly give notice to the defendant, his or her counsel and the district attorney.
§ 3. Subdivision 3 of section 180.20 of the criminal procedure law, as amended by chapter 67 of the laws of 2000, is amended to read as follows:
3. 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 a felony complaint pending in a local criminal court having preliminary jurisdiction thereof, such court may, upon motion of the defendant and with the consent of the district attorney, order that the action be removed from the court in
S. 4418 3
which the matter is pending to another local criminal court in the same county which has been designated a drug court by the chief administrator of the courts, or to another court in the same county or an adjoining county that has been designated a veterans treatment court by the chief administrator of the courts, and such drug court or veterans treatment court may then dispose of such felony complaint pursuant to this article; 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 court or veterans treatment court notifies the court that issued the order that:
(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 court or veterans treatment court shall promptly give notice to the defendant, his or her counsel and the district attorney.
§ 4. To the extent practicable, the chief administrator of the courts shall establish such number of veterans treatment courts as may be necessary to fulfill the purposes of this act.
§ 5. 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 the removal of a criminal action to a veterans treatment court
Purpose
The purpose of the bill is to allow for the removal of a criminal action against a veteran to a veterans' court in the same or 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 prose- cutor.
Summary of provisions
Section 1 establishes the legislative findings.
Sections 2 and 3 amend the Criminal Procedure Law to authorize for the removal of a criminal action against a veteran to a veteran's court in the same or adjacent county. Such court must be designated as a veter- ans' treatment court by the Chief Administrator of the Courts.
Section 4 authorizes the Chief Administrator of the Courts, to the extent practicable, to establish such number of veterans' courts as may be necessary to fulfill the purposes of this legislation.,
Section 5 sets an immediate effective date.
Justification
Studies have shown that at least twenty percent of the 1.6 million troops who served in Iraq and Afghanistan from 2001-2008 have faced serious mental health injuries such as post-traumatic stress-disorder, traumatic brain injury or major depression (Invisible Wounds of war, Summary and Recommendations for Addressing Psychological and Cognitive Injuries, Rand Corporation, Center for Military Health Policy Research, 2008). These veterans often do not have 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 coun- ties 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 14 to 18 months, and recidivism rates for veterans who complete the program are consistently low.
Although there are 31 veterans courts in New York State, veterans who are arrested in jurisdictions that do not have a veterans' court are not able to use 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.
(http://www.nycourts.gov/courts/problem_solving/vet/courts.shtml)
(https://nyshealthfoundation.org/wp-content/uploads/2017/12/veterans-t reatment-courts-newyork-state-roadmap-l.pdf)
Legislative history
2015: S.5677 (Griffo) passed Senate 61-1.
Fiscal implications
None. There is potential for savings over long term use of these courts.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.