What's happening
This bill expands the types of courts eligible for case transfers to include all "problem solving courts," such as drug and domestic violence courts, not just drug courts.
Why it matters
Expanding eligibility to all "problem solving courts" means more types of cases—such as those involving domestic violence, mental health, or veterans—could be transferred to specialized courts designed to address root causes, not just drug offenses.
The bill offers defendants, with district attorney consent, greater flexibility to seek a court environment tailored to their circumstances, potentially leading to more effective interventions and reduced recidivism.
By amending the law to include courts addressing victims' or defendants' special status, the legislation recognizes the value of individualized justice and supports broader adoption of therapeutic and restorative justice models in the criminal system.
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Who cares
Defendants and defense attorneys
The bill would allow defendants in eligible local criminal cases outside cities of one million or more to request transfer to a designated drug or domestic violence court in the same county, with district attorney consent.
District attorneys
Their consent would remain required before a local criminal court could order a transfer under the expanded provision.
Local criminal courts and court administrators
The bill would expand the transfer provision beyond designated drug courts to include designated domestic violence courts, while preserving the receiving court’s ability to reject a case.
Domestic violence victims
The bill would allow eligible cases to be transferred to a designated domestic violence court that could handle them through judgment or other final disposition.
Headline styles
Expand Problem-Solving Courts Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5137
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. CARLUCCI -- 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 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 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 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," and limited to, drug court and domestic violence 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:
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06453-01-9
S. 5137 2
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
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 crimi- nal court to a court of special concern based upon the status of the defendants or the victim as a victim of domestic violence.
Summary of provisions
Section 1 amends subdivision 4 of section 170.15 of the criminal proce- dure 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 "domestic violence 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 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 such "problem solving" courts to Domestic violence cases in 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 domestic violence court.
Legislative history
2017-18: S6957/A8804 - CODES/codes
Fiscal implications
None to the state.
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.