A 4869: Relates to judicial diversion programs; establishes a diversion part in each county; repeals certain provisions of law relating thereto.

  
  STATE OF NEW YORK ________________________________________________________________________ 4869 2025-2026 Regular Sessions  IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. FORREST, WEPRIN, HEVESI, GALLAGHER, JACKSON, ANDERSON, GONZALEZ-ROJAS, BURDICK, EPSTEIN, MAMDANI, KELLES, MITAYNES, BICHOTTE HERMELYN, SIMON, MEEKS, GLICK, CUNNINGHAM, ROSENTHAL, CRUZ, REYES, WALKER, VANEL, DE LOS SANTOS, DAVILA, R. CARROLL, COOK, TAPIA, GIBBS, CHANDLER-WATERMAN, SEPTIMO, K. BROWN, LEVENBERG, ALVAREZ, SHIM- SKY, STECK, ZACCARO, SIMONE, STIRPE, DINOWITZ, HYNDMAN, LEE, RIVERA, RAGA, SHRESTHA, BORES, OTIS, KIM, CLARK, VALDEZ, SEAWRIGHT, RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the judiciary law, in relation to judicial diversion programs; and to repeal certain provisions of the criminal procedure law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 216 of the criminal proce- 2 dure law, as added by section 4 of part AAA of chapter 56 of the laws of 3 2009, is amended to read as follows: 4 JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS] 5 PROGRAMS 6 § 2. The opening paragraph of subdivision 1 of section 216.00 of the 7 criminal procedure law, as amended by section 1 of chapter 435 of the 8 laws of 2021, is amended to read as follows: 9 "Eligible defendant" means any person who stands charged in an indict- 10 ment [or a], superior court information [with a class B, C, D or E felo- 11 ny offense defined in article one hundred seventy-nine, two hundred 12 twenty or two hundred twenty-two of the penal law, an offense defined in 13 sections 105.10 and 105.13 of the penal law provided that the underlying 14 crime for the conspiracy charge is a class B, C, D or E felony offense 15 defined in article one hundred seventy-nine, two hundred twenty or two 16 hundred twenty-two of the penal law, auto stripping in the second degree 17 as defined in section 165.10 of the penal law, auto stripping in the 18 first degree as defined in section 165.11 of the penal law, identity EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07017-01-5 
 A. 4869 2 1 theft in the second degree as defined in section 190.79 of the penal 2 law, identity theft in the first degree as defined in section 190.80 of 3 the penal law, or any other specified offense as defined in subdivision 4 five of section 410.91 of this chapter, provided, however, a defendant 5 is not an "eligible defendant" if he or she:], information, misdemeanor 6 complaint or felony complaint with any offense and has a qualifying 7 diagnosis. Provided, however, that a defendant is not an "eligible 8 defendant" if they are charged with: (a) a class A felony offense 9 defined in the penal law, other than a class A felony offense pursuant 10 to article two hundred twenty of the penal law; or (b) a class B felony 11 offense pursuant to article one hundred thirty of the penal law; 12 provided further, however, that upon individualized consideration, and 13 with consent of the prosecutor, the court may deem an individual an 14 eligible defendant who otherwise does not meet the above-listed crite- 15 ria. 16 § 3. The opening paragraph of subdivision 1 of section 216.00 of the 17 criminal procedure law, as amended by section 2 of chapter 435 of the 18 laws of 2021, is amended to read as follows: 19 "Eligible defendant" means any person who stands charged in an indict- 20 ment [or a], superior court information [with a class B, C, D or E felo- 21 ny offense defined in article two hundred twenty or two hundred twenty- 22 two of the penal law, an offense defined in sections 105.10 and 105.13 23 of the penal law provided that the underlying crime for the conspiracy 24 charge is a class B, C, D or E felony offense defined in article two 25 hundred twenty or two hundred twenty-two of the penal law, auto strip- 26 ping in the second degree as defined in section 165.10 of the penal law, 27 auto stripping in the first degree as defined in section 165.11 of the 28 penal law, identity theft in the second degree as defined in section 29 190.79 of the penal law, identity theft in the first degree as defined 30 in section 190.80 of the penal law, or any other specified offense as 31 defined in subdivision five of section 410.91 of this chapter, provided, 32 however, a defendant is not an "eligible defendant" if he or she:], 33 information, misdemeanor complaint or felony complaint with any offense 34 and has a qualifying diagnosis. Provided, however, that a defendant is 35 not an "eligible defendant" if they are charged with: (a) a class A 36 felony offense defined in the penal law, other than a class A felony 37 offense pursuant to article two hundred twenty of the penal law; or (b) 38 a class B felony offense pursuant to article one hundred thirty of the 39 penal law; provided further, however, that upon individualized consider- 40 ation, and with consent of the prosecutor, the court may deem an indi- 41 vidual an eligible defendant who otherwise does not meet the above-list- 42 ed criteria. 43 § 4. Paragraphs (a) and (b) and the closing paragraph of subdivision 1 44 of section 216.00 of the criminal procedure law are REPEALED. 45 § 5. Subdivision 2 of section 216.00 of the criminal procedure law, as 46 amended by chapter 435 of the laws of 2021, is amended and eight new 47 subdivisions 3, 4, 6, 7, 8, 9, 10 and 11 are added to read as follows: 48 2. ["Alcohol and substance use evaluation"] "Participant" means an 49 eligible defendant who has been admitted into judicial diversion pursu- 50 ant to this article. 51 3. "Licensed mental health care professional" means a clinician with 52 professional experience, training and licensure pursuant to title eight 53 of the education law who is qualified to diagnose or treat people with 54 mental health disorders, including substance-related and addictive 55 disorders. 
 A. 4869 3 1 4. "Qualifying diagnosis" means a mental health diagnosis or more than 2 one mental health diagnoses that qualifies an individual for admission 3 to judicial diversion. This is a diagnosis-based categorization consist- 4 ing of the following mental health disorders described in the most 5 recent version of the diagnostic and statistical manual of mental disor- 6 ders: 7 (a) serious mental disorders such as: schizophrenia spectrum and other 8 psychotic disorders, bipolar and related disorders, depressive disor- 9 ders, and post-traumatic stress disorder; or 10 (b) other mental health disorders, including but not limited to neuro- 11 developmental or neurocognitive disorders, where associated symptoms 12 lead to severe functional impairment; or 13 (c) Substance use disorders and substance-induced disorders. 14 5. "Clinical evaluation" means a written assessment and report by a 15 court-approved entity or licensed mental health care professional [expe- 16 rienced in the treatment of alcohol and substance use disorder, or] as 17 defined in subdivision three of this section or an evaluation conducted 18 by an addiction and substance [abuse] use disorder counselor creden- 19 tialed by the office of addiction services and supports pursuant to 20 section 19.07 of the mental hygiene law[, which]. Such evaluation may be 21 conducted through telehealth when practicable and when delay would 22 otherwise occur. The evaluation shall include: 23 (a) an evaluation as to whether the defendant currently has [a history 24 of alcohol or substance use disorder, as such terms are defined in the 25 diagnostic and statistical manual of mental disorders, fifth edition, 26 and a co-occurring mental disorder or mental illness and the relation- 27 ship between such use and mental disorder or mental illness,] one or 28 more qualifying diagnoses, if any; 29 (b) a recommendation as to whether the defendant's [alcohol or 30 substance use] qualifying diagnosis, if any, could be effectively 31 addressed by judicial diversion in accordance with this article; 32 (c) a recommendation as to the treatment modality, level of care and 33 length of any proposed treatment to effectively address the defendant's 34 [alcohol or substance use and any co-occurring mental disorder or 35 illness] qualifying diagnosis; and 36 (d) any other information, factor, circumstance, or recommendation 37 deemed relevant by the assessing entity or specifically requested by the 38 court. 39 6. "Treatment" means one or more evidence-based interventions includ- 40 ing, but not limited to, counseling, psychotherapy, psychotropic medica- 41 tion or medications for addiction or substance use disorder treatment, 42 health promotion, and overdose prevention education. Treatment for the 43 purposes of this article does not include treatment in a carceral 44 setting or in a forensic hospital pursuant to article seven hundred 45 thirty of this chapter. For substance use disorders, treatment includes 46 any clinical service or intervention that assists individuals in their 47 recovery in accordance with harm reduction principles. 48 7. "Treatment provider" means a person or organization qualified to 49 provide interventions responsive to the needs identified in the clinical 50 evaluation or after a person has been admitted to treatment. 51 8. "Harm reduction" means a set of proven-effective substance use 52 intervention strategies that offer low-threshold access to treatment 53 with the goal of reducing the negative consequences of substance use, 54 preventing overdose and the transmission of infectious diseases, and/or 55 improving the physical, mental, and social well-being of those served. 56 In some cases, as identified by a licensed mental health care profes- 
 A. 4869 4 1 sional or a treatment provider, harm reduction interventions may recog- 2 nize that complete abstinence is not realistically attainable and may 3 instead aim to achieve a significant reduction or change in use. 4 9. "Certified peers" means professionals who have the lived experience 5 of successfully navigating recovery-oriented systems of care who are 6 certified by the office of mental health or by the office of addiction 7 services and supports to provide peer support services. The peer model 8 should be integrated into every stage of the judicial diversion process. 9 10. "Treatment plan" means an individualized plan developed by a 10 licensed mental health care professional or a treatment provider in 11 conjunction with an eligible defendant, which may include any combina- 12 tion of treatment interventions identified in subdivision six of this 13 section. Provided that: 14 (a) treatment should occur in the setting or settings that are most 15 appropriate to the individual's medical needs and taking into consider- 16 ation possible employment, family, social, and housing disruptions. 17 (b) such treatment plan shall take into consideration the best prac- 18 tices for addressing any qualifying diagnosis identified during the 19 clinical evaluation and any evidence-based and peer-reviewed clinical 20 review criteria that is relevant to the identified qualifying diagnosis, 21 appropriate to the age of the patient and has been designated or 22 approved by the appropriate state agency or agencies, including but not 23 limited to, the office of mental health, the office of addiction 24 services and supports, and the office for people with developmental 25 disabilities. 26 (c) a treatment plan may include treatment through telehealth when 27 deemed appropriate by a licensed mental health care professional or a 28 treatment provider. 29 (d) a licensed mental health care professional or a treatment provider 30 may modify a treatment plan after the participant has been admitted to 31 the judicial diversion program with the input of the participant where 32 the licensed mental health care professional or treatment provider deems 33 such modification to be clinically appropriate. 34 11. "Protected health information" means information protected by 35 federal and state laws and regulations governing the privacy of person- 36 ally-identifiable medical information, in accordance with federal Health 37 Insurance Portability and Accountability Act Privacy Rule (45 Code of 38 Federal Regulations Parts 160 and 164), 42 United States Code § 290dd-2 39 (42 Code of Federal Regulations Part 2), section 33.13 of the mental 40 hygiene law, article twenty-seven-F of the public health law ("HIV and 41 AIDS Related Information"), and any other relevant health privacy laws 42 and regulations. 43 § 6. Section 216.05 of the criminal procedure law, as amended by chap- 44 ter 435 of the laws of 2021, is amended to read as follows: 45 § 216.05 Judicial diversion program; court procedures. 46 1. At any time after the local criminal court arraignment [of an 47 eligible defendant], but prior to the entry of a plea of guilty or the 48 commencement of trial, the court, at the request of [the eligible] a 49 defendant who the court has reason to believe has a qualifying 50 diagnosis, [may] shall order [an alcohol and substance use] a clinical 51 evaluation for all known qualifying diagnoses, provided that a court 52 may, in its discretion, adopt an evaluation that has already been 53 completed in lieu of ordering a clinical evaluation. The court may 54 require the defendant to make a prima facie showing that the defendant 55 has one or more qualifying diagnoses prior to ordering a clinical evalu- 
 A. 4869 5 1 ation. A request by a defendant to be evaluated shall be made as soon as 2 practicable. Such evaluations shall take place without undue delay. 3 (a) The possibility of being evaluated shall not be contingent on a 4 waiver of any other sections of this chapter except subdivisions one and 5 two of section 30.30 of this chapter. 6 [An eligible] (b) A defendant may decline to [participate in] undergo 7 such an evaluation at any time. 8 [The defendant shall provide a written authorization, in compliance 9 with the requirements of any applicable state or federal laws, rules or 10 regulations authorizing disclosure of the results of the assessment to 11 the defendant's attorney, the prosecutor, the local probation depart- 12 ment, the court, authorized court personnel and other individuals speci- 13 fied in such authorization for the sole purpose of determining whether 14 the defendant should be offered judicial diversion for treatment for 15 substance use, alcohol use and any co-occurring mental disorder or 16 mental illness] 17 (c) No statement, disclosure, or representation made by the defense 18 for the purpose of providing relevant information to the court in the 19 application process shall be used by the prosecution to prove any crime 20 or offense alleged in the pending case. 21 (d) No statement or other disclosure, written or otherwise, made by a 22 defendant to a licensed mental health care professional or treatment 23 provider may be used by the prosecution to prove any crime or offense 24 alleged in the pending case. 25 2. Upon [receipt of the completed alcohol and substance use] 26 completion of the clinical evaluation [report], the [court] clinician 27 shall provide a copy of the report to the [eligible] defendant and the 28 [prosecutor] defendant's counsel. The court and the prosecutor shall 29 receive a copy of the clinical evaluation only if the defendant decides 30 to proceed in requesting judicial diversion. Where the defendant 31 decides to proceed in requesting judicial diversion, they shall consent 32 to disclosure of their protected health information with the court and 33 prosecutor. 34 3. (a) [Upon receipt of the evaluation report either] Either party may 35 request a hearing on the issue of whether the [eligible] defendant is an 36 eligible defendant and should be offered [alcohol or substance use 37 treatment] judicial diversion pursuant to this article. At such a 38 proceeding, which shall be held as soon as practicable so as to facili- 39 tate early intervention in the event that the defendant is found to need 40 [alcohol or substance use] treatment, the court may consider oral and 41 written arguments, [may] take testimony from witnesses offered by either 42 party, and [may] consider any relevant evidence [including, but not 43 limited to, evidence that: 44 (i) the defendant had within the preceding ten years (excluding any 45 time during which the offender was incarcerated for any reason between 46 the time of the acts that led to the youthful offender adjudication and 47 the time of commission of the present offense) been adjudicated a youth- 48 ful offender for: (A) a violent felony offense as defined in section 49 70.02 of the penal law; or (B) any offense for which a merit time allow- 50 ance is not available pursuant to subparagraph (ii) of paragraph (d) of 51 subdivision one of section eight hundred three of the correction law; 52 and 53 (ii) in the case of a felony offense defined in subdivision five of 54 section 410.91 of this chapter, or section 165.10, 165.11, 190.79 or 55 190.80 of the penal law, any statement of or submitted by the victim, as 56 defined in paragraph (a) of subdivision two of section 380.50 of this 
 A. 4869 6 1 chapter] except sealed cases defined in section 160.50, 160.55, or 2 106.57 of this chapter. Reliable hearsay shall be admissible at such 3 hearings. The court shall explain its decision on the record or in writ- 4 ing. 5 (b) Upon completion of such a proceeding, the court shall consider and 6 make findings of fact with respect to whether: 7 (i) the defendant is an eligible defendant as defined in subdivision 8 one of section 216.00 of this article; 9 (ii) [the defendant has a history of alcohol or substance use; 10 (iii) such alcohol or substance use] the defendant's qualifying diag- 11 nosis is likely a contributing factor to [the defendant's criminal 12 behavior] their current or future involvement in the criminal legal 13 system; 14 [(iv)] (iii) the defendant's participation in judicial diversion could 15 effectively address such [use] qualifying diagnosis; [and] 16 (iv) the defendant's qualifying diagnosis can be effectively treated 17 by existing treatment providers; 18 (v) institutional confinement of the defendant is or may not be neces- 19 sary for the protection of the public; and 20 (vi) the defendant's access to treatment through this article would 21 benefit the public and the defendant. 22 4. (a) When an authorized court determines, pursuant to paragraph (b) 23 of subdivision three of this section, that an eligible defendant should 24 be offered [alcohol or substance use] treatment, or when the parties and 25 the court agree to [an eligible defendant's participation in alcohol or 26 substance use] treatment, [an] such eligible defendant [may] shall be 27 allowed to participate in the judicial diversion program offered by this 28 article. [Prior to the court's issuing an order granting judicial 29 diversion, the eligible defendant shall be required to enter a plea of 30 guilty to the charge or charges; provided, however, that no such guilty 31 plea shall be required when: 32 (a) the people and the court consent to the entry of such an order 33 without a plea of guilty; or 34 (b) based on a finding of exceptional circumstances, the court deter- 35 mines that a plea of guilty shall not be required. For purposes of this 36 subdivision, exceptional circumstances exist when, regardless of the 37 ultimate disposition of the case, the entry of a plea of guilty is like- 38 ly to result in severe collateral consequences.] 39 (b) Eligible defendants shall not be required to submit a plea of 40 guilty to participate in judicial diversion unless they are charged with 41 a felony enumerated in section 70.02 of the penal law, other than 42 robbery in the second degree as defined in subdivision one of section 43 160.10 of the penal law; provided, however, that individuals charged 44 with burglary in the second degree as defined in subdivision two of 45 section 140.25 of the penal law may only be required to enter a plea of 46 guilty to participate in judicial diversion where the defendant is 47 charged with entering the living area of the dwelling. Individuals who 48 have been deemed eligible by the court pursuant to paragraph (c) of 49 subdivision one of section 216.00 of this article may be required to 50 submit a plea of guilty to participate in judicial diversion. 51 (c) Upon individualized consideration, a court may authorize admission 52 into judicial diversion for individuals charged with offenses enumerated 53 in paragraph (b) of this subdivision without a plea of guilty where the 54 court finds that a guilty plea is not necessary to ensure successful 55 participation in judicial diversion or that a guilty plea is likely to 56 result in significant collateral consequences. 
 A. 4869 7 1 (d) Notwithstanding the plea restrictions stated in article two 2 hundred twenty of this part, a plea of guilty under paragraph (b) of 3 this subdivision shall be accompanied by an agreement between all 4 parties that clearly outlines the following: 5 (i) the charge and final disposition and sentence that the participant 6 could face if they fail to complete judicial diversion; and 7 (ii) the charge and final disposition and sentence the participant is 8 entitled to receive upon successful completion of judicial diversion in 9 accordance with paragraph (e) of this subdivision. 10 (e) Notwithstanding the plea restrictions stated in article two 11 hundred twenty of this part, where a plea of guilty is required under 12 paragraph (b) of this subdivision, the court may require a plea to one 13 or more counts in the accusatory instrument and any added felony, misde- 14 meanor or violation offense not included in the accusatory instrument if 15 those charges have been agreed upon pursuant to subparagraphs (i) and 16 (ii) of paragraph (d) of this subdivision. Upon successful completion 17 of the treatment plan, if the participant pled guilty to a felony 18 charge, the court shall allow the participant to withdraw the guilty 19 plea and dismiss that charge, and otherwise execute the agreement pursu- 20 ant to subparagraph (ii) of paragraph (d) of this subdivision; provided, 21 however, that in the interest of justice, the court may also dismiss any 22 remaining charges. Under no circumstances shall a participant who 23 successfully completes judicial diversion receive a sentence of incar- 24 ceration. 25 (f) Where a guilty plea is required pursuant to this article, the 26 court may order treatment to begin and defer the entry of the plea until 27 such time as the participant is able to enter a plea knowingly, intelli- 28 gently, and voluntarily. 29 (g) Prior participation in treatment or court-mandated treatment shall 30 not preclude future treatment participation. 31 (h) An eligible defendant shall not be precluded from diversion 32 because of their gender identity. 33 5. The [defendant] participant shall agree on the record or in writing 34 to abide by the [release] judicial diversion program conditions set by 35 the court, which[, shall] may include: [participation in a specified 36 period of alcohol or substance use treatment at a specified program or 37 programs identified by the court, which may include periods of detoxifi- 38 cation, residential or outpatient treatment, or both, as determined 39 after taking into account the views of the health care professional who 40 conducted the alcohol and substance use evaluation and any health care 41 professionals responsible for providing such treatment or monitoring the 42 defendant's progress in such treatment; and may include: (i)] 43 (a) participation in the treatment plan; 44 (b) periodic court appearances, which, upon consent of the partic- 45 ipant, may [include periodic urinalysis; (ii)] be an accessible audio or 46 video appearance, notwithstanding the provisions of article one hundred 47 eighty-two of this part. When scheduling court appearances and determin- 48 ing the type of appearance required, the court shall consider the 49 participant's treatment progress and shall attempt to avoid undue hard- 50 ship, including but not limited to, treatment interruptions, the cost of 51 transportation, mobility issues, childcare and employment disruptions. 52 Upon application by defense counsel and with the consent of the partic- 53 ipant, the court shall consider waiving the appearance of the partic- 54 ipant; 55 (c) periodic drug screening as needed, when recommended by the treat- 56 ment provider as part of a participant's treatment plan. Drug screening 
 A. 4869 8 1 shall comport with the office of addiction services and supports' guid- 2 ance on toxicology use; 3 (d) a requirement that the [defendant] participant refrain from engag- 4 ing in criminal behaviors[; (iii) if the defendant needs treatment for 5 opioid use, that he or she]; 6 (e) a requirement that participation in the treatment plan may be 7 facilitated by members of the treatment court team; provided, however, 8 that there shall be no community supervision or monitoring of the 9 participant conducted by any law enforcement personnel, including those 10 defined by sections 1.20 and 2.10 of the criminal procedure law, unless 11 the court determines that there are no alternative entities in the local 12 jurisdiction available to provide these services; or 13 (f) a requirement that under no condition shall members of the treat- 14 ment court team: conduct unannounced searches of the participant's home; 15 set curfews, other than those established by a residential facility; set 16 location restrictions; or limit family and peer relationships. 17 5-a. The court shall not disclose a participant's protected health 18 information without the participant's consent or authorization; 19 provided, however, that a court may require a participant to consent to 20 share the following protected health information as a condition of 21 participating in judicial diversion: 22 (a) record of attendance and relevant barriers to attendance; 23 (b) treatment plan and any recommended changes to the plan during 24 participation in judicial diversion; 25 (c) drug toxicology results, when part of the treatment plan; and 26 (d) relevant updates regarding engagement in the treatment plan. 27 5-b. If a participant has one or more conditions requiring 28 prescription medication or certified drug treatments they may partic- 29 ipate in and receive [medically prescribed] such medication or drug 30 treatments under the care of a health care professional licensed or 31 certified under title eight of the education law, acting within [his or 32 her] their lawful scope of practice[, provided that no]. 33 (a) No court shall limit the medications that a licensed health care 34 professional has prescribed or certified for a participant; 35 (b) No court shall require the use of any specified type or brand of 36 drug during the course of medically prescribed [drug] treatments[.]; and 37 (c) No court shall penalize or sanction a participant for periods of 38 voluntary hospitalization, respite care, or other forms of supportive 39 care. 40 5-c. Every effort should be made to maximize the use of certified 41 peers in every stage of the judicial diversion process. 42 5-d. Upon request by the defense, the court shall allow participants 43 to consult a different mental health care professional for a second 44 opinion and propose an alternative treatment plan. Any alternative opin- 45 ion or alternative treatment plan shall be considered by the court when 46 determining the treatment plan. 47 6. Upon [an eligible defendant's] a participant's agreement to abide 48 by the conditions set by the court, the court shall issue a securing 49 order providing for bail or release on the [defendant's] participant's 50 own recognizance and conditioning any release upon the agreed upon 51 conditions pursuant to article five hundred ten of this chapter. The 52 period of [alcohol or substance use] treatment shall begin as specified 53 by the court and as soon as practicable after the [defendant's] partic- 54 ipant's release, taking into account the availability of treatment, so 55 as to facilitate early intervention with respect to the [defendant's 56 substance use or condition] participant's qualifying diagnosis and the 
 A. 4869 9 1 effectiveness of the treatment program. In the event that a treatment 2 program is not immediately available or becomes unavailable during the 3 course of the [defendant's participation] participant's involvement in 4 the judicial diversion program, the court may release the [defendant] 5 participant pursuant to the securing order. 6 7. When participating in judicial diversion treatment pursuant to this 7 article, any resident of this state who is covered under a private 8 health insurance policy or contract issued for delivery in this state 9 pursuant to article thirty-two, forty-three or forty-seven of the insur- 10 ance law or article forty-four of the public health law, or who is 11 covered by a self-funded plan which provides coverage for the diagnosis 12 and treatment of [chemical abuse and chemical dependence] mental health 13 disorders including substance use disorders, however defined in such 14 policy; shall first seek reimbursement for such treatment in accordance 15 with the provisions of such policy or contract. The court in its 16 discretion may order the participant to apply for public insurance if 17 they so qualify. The court shall not deny access to treatment for 18 inability to pay. 19 8. (a) During the period of a [defendant's participation] partic- 20 ipant's involvement in the judicial diversion program, the treatment 21 court shall retain jurisdiction of the [defendant] participant, 22 provided, however, that the court [may] shall allow such [defendant] 23 participant to (i) reside in another jurisdiction, [or] and/or (ii) 24 participate in [alcohol and substance use] treatment and other programs 25 in the jurisdiction where the [defendant] participant resides or in any 26 other jurisdiction, while participating in a judicial diversion program 27 under conditions set by the court and agreed to by the [defendant] 28 participant pursuant to subdivisions five and six of this section. In 29 cases where the participant has entered a plea of guilty, the court may 30 transfer the participant's case to the judicial diversion court in the 31 county in which the participant resides or an adjourning county pursuant 32 to subdivision five of section 170.15 of this part, subdivision four of 33 section 180.20 of this part, or section 230.21 of this part to ensure 34 continuity of treatment. Notwithstanding the restrictions outlined in 35 paragraph (b) of subdivision four of this section, the court may require 36 the participant to plead guilty prior to the transfer of the case to 37 another county. 38 (b) The court may require the [defendant] participant to appear in 39 court [at any time] or, upon the request of the participant, make audio 40 or video appearances pursuant to paragraph (b) of subdivision five of 41 this section  to enable the court to [monitor] promote the [defendant's] 42 participant's progress in [alcohol or substance use] treatment. The 43 court shall provide notice, reasonable under the circumstances, to the 44 people, the treatment provider, the [defendant] participant and the 45 [defendant's] participant's counsel whenever it orders or otherwise 46 requires the appearance of the [defendant in] participation for court 47 appearances. Failure to appear as required without reasonable cause 48 therefor shall constitute a violation of the conditions of the court's 49 agreement with the [defendant] participant. 50 9. (a) If at any time during the [defendant's participation] partic- 51 ipant's engagement in the judicial diversion program, the court has 52 reasonable grounds to believe that the [defendant] participant has 53 violated a [release] program condition in an important respect or has 54 willfully failed to appear before the court as requested, the court 55 except as provided in subdivision two of section 510.50 of this chapter 56 regarding a failure to appear, shall direct the [defendant] participant 
 A. 4869 10 1 to appear or issue a bench warrant to a police officer or an appropriate 2 peace officer directing [him or her] them to take the [defendant] 3 participant into custody and bring the [defendant] participant before 4 the court without unnecessary delay; provided, however, that under no 5 circumstances shall a [defendant] participant who requires treatment for 6 opioid use be deemed to have violated a release condition on the basis 7 of [his or her] their participation in medically prescribed drug treat- 8 ments under the care of a health care professional licensed or certified 9 under title eight of the education law, acting within [his or her] their 10 lawful scope of practice. Where a court intends to impose a response 11 that would result in incarceration or termination from judicial diver- 12 sion, the court shall conduct a hearing on the alleged violation pursu- 13 ant to paragraph (b) of this subdivision with at least forty-eight hours 14 notice to the participant or the participant's counsel, unless notice is 15 waived by the participant. In violations that may result in other 16 possible responses, a court may grant such hearing as a matter of 17 discretion. The relevant provisions of section 530.60 of this chapter 18 relating to issuance of securing orders shall apply to such proceedings 19 under this subdivision. 20 (b) [In determining whether a defendant violated a condition of his or 21 her release under the judicial diversion program, the court may conduct 22 a summary hearing consistent with due process and sufficient to satisfy 23 the court that the defendant has, in fact, violated the condition.] 24 Where a hearing is conducted pursuant to paragraph (a) of this subdivi- 25 sion: 26 (i) The people shall bear the burden of proving by clear and convinc- 27 ing evidence that the participant has violated a condition of the judi- 28 cial diversion program in an important respect or has willfully failed 29 to appear. The participant may cross-examine witnesses and may present 30 relevant, admissible evidence on their own behalf. 31 (ii) The court shall consider oral and written arguments, testimony 32 from witnesses offered by either party, and relevant evidence to assist 33 in making its determination. Reliable hearsay shall be admissible at 34 such hearings. 35 (iii) The court shall explain its findings and sentence, if so 36 imposed, on the record or in writing. 37 (iv) At the request of the participant or the participant's counsel, 38 the court may conduct proceedings off the record for portions of the 39 proceedings that will likely result in adverse collateral consequences, 40 including immigration consequences. In the alternative, the court shall 41 seal portions of the proceeding that may result in such consequences. 42 (c) If the court determines by clear and convincing evidence that the 43 [defendant] participant has violated a program condition [of his or her 44 release under the judicial diversion program, the] in an important 45 respect or willfully failed to appear, the court shall respond by using 46 a system of graduated and appropriate responses designed to address such 47 inappropriate behaviors and facilitate, where possible, successful 48 completion of the treatment program. The court may permit the partic- 49 ipant to continue their treatment mandate as previously ordered; modify 50 the [conditions thereof, reconsider the order of recognizance or bail 51 pursuant to subdivision two of section 510.30 of this chapter,] treat- 52 ment plan according to the recommendation of the treatment provider; or 53 terminate the [defendant's] participant's participation in the judicial 54 diversion program[; and when applicable proceed with the defendant's 55 sentencing in accordance with the agreement. Notwithstanding any 56 provision of law to the contrary, the court may impose any sentence 
 A. 4869 11 1 authorized for the crime of conviction in accordance with the plea 2 agreement, or any lesser sentence authorized to be imposed on a felony 3 drug offender pursuant to paragraph (b) or (c) of subdivision two of 4 section 70.70 of the penal law taking into account] if no other treat- 5 ment option is available. If the court finds a reasonable explanation or 6 mitigation for any alleged violation or alleged willful failure to 7 appear, the securing order shall not be modified. The court shall 8 consider: 9 (i) the length of time the [defendant] participant has spent in [resi- 10 dential] treatment and how best to continue treatment [while the defend- 11 ant is serving that sentence. In determining what action to take for a 12 violation of a release condition, the court shall consider]; 13 (ii) all relevant circumstances, including the views of the prosecu- 14 tor, the defense and the [alcohol or substance use] participant's inter- 15 est in continuing treatment [provider, and the extent to which persons 16 who ultimately successfully complete a drug treatment regimen sometimes] 17 or the program; 18 (iii) the role of relapse [by not abstaining from alcohol or substance 19 use or by failing to comply fully with all requirements imposed by a 20 treatment program. The court shall also consider using a system of 21 graduated and appropriate responses or sanctions designed to address 22 such inappropriate behaviors, protect public safety and facilitate, 23 where possible, successful completion of the alcohol or substance use 24 treatment program] in recovery and treatment; and 25 (iv) any other mitigating factors that may have impacted the alleged 26 violation or willful failure to appear. 27 (d) In the event of termination from the judicial diversion program, 28 all participants, except those who entered a guilty plea pursuant to 29 paragraph (b) of subdivision four of this section, shall resume 30 proceedings in criminal or supreme court. Those who previously entered a 31 guilty plea shall be sentenced according to the following provisions: 32 (i) Upon individualized consideration, the court in its discretion may 33 downwardly depart from the disposition and sentence outlined in the 34 agreement under paragraph (d) of subdivision four of this section. 35 (ii) Notwithstanding the sentencing restrictions outlined in section 36 70.00, 70.02, 70.04, 70.06, 70.08, or 70.10 of the penal law, where the 37 court determines that the individual made a good faith effort to partic- 38 ipate in the judicial diversion program, the court shall impose a defi- 39 nite sentence of imprisonment of three hundred sixty-four days or less, 40 probation, a conditional discharge, or a determinate term of imprison- 41 ment as follows: 42 (1) For a class B felony, the term must not exceed five years; 43 (2) For a class C felony, the term must not exceed three and one-half 44 years; 45 (3) For a class D felony, the term must not exceed two years; and 46 (4) For a class E felony, the term must not exceed one and one-half 47 years. 48 (iii) Prior to imposing any sentence of incarceration, the court shall 49 hold a hearing to consider whether it would be unduly harsh to impose a 50 sentence of incarceration in light of the nature and circumstances of 51 the underlying charges and the history, character and condition of the 52 defendant. In addition, the court shall consider any other mitigating 53 factors. 54 (iv) At the hearing to determine whether the defendant should be 55 sentenced pursuant to this subdivision, the court shall consider oral 56 and written arguments, take testimony from witnesses offered by either 
 A. 4869 12 1 party, and consider relevant evidence to assist in making its determi- 2 nation. Reliable hearsay shall be admissible at such hearings. The 3 court shall explain its sentence on the record or in writing. 4 [(d)] (e) Nothing in this subdivision shall be construed [as prevent- 5 ing a court from terminating a defendant's participation in the judicial 6 diversion program for violating a release condition when such a termi- 7 nation is necessary to preserve public safety. Nor shall anything in 8 this subdivision be construed] as precluding the prosecution of a 9 [defendant] participant for the commission of a different offense while 10 participating in the judicial diversion program. 11 [(e)] (f) A [defendant] participant may at any time advise the court 12 that [he or she wishes] they wish to terminate participation in the 13 judicial diversion program, at which time the court shall [proceed with 14 the case and, where applicable, shall impose sentence in accordance with 15 the plea agreement. Notwithstanding any provision of law to the contra- 16 ry, the court may impose any sentence authorized for the crime of 17 conviction in accordance with the plea agreement, or any lesser sentence 18 authorized to be imposed on a felony drug offender pursuant to paragraph 19 (b) or (c) of subdivision two of section 70.70 of the penal law taking 20 into account the length of time the defendant spent in residential 21 treatment and how best to continue treatment while the defendant is 22 serving that sentence] transfer the case back to the appropriate trial 23 part. 24 10. Upon the court's determination that the [defendant] participant 25 has successfully completed the required period of [alcohol or substance 26 use] treatment and has otherwise satisfied the conditions required for 27 successful completion of the judicial diversion program, the court shall 28 comply with the terms and conditions it set for final disposition when 29 it accepted the defendant's agreement to participate in the judicial 30 diversion program. [Such disposition may include, but is not limited to: 31 (a) requiring the defendant to undergo a period of interim probation 32 supervision and, upon the defendant's successful completion of the 33 interim probation supervision term, notwithstanding the provision of any 34 other law, permitting the defendant to withdraw his or her guilty plea 35 and dismissing the indictment; or (b) requiring the defendant to undergo 36 a period of interim probation supervision and, upon successful 37 completion of the interim probation supervision term, notwithstanding 38 the provision of any other law, permitting the defendant to withdraw his 39 or her guilty plea, enter a guilty plea to a misdemeanor offense and 40 sentencing the defendant as promised in the plea agreement, which may 41 include a period of probation supervision pursuant to section 65.00 of 42 the penal law; or (c) allowing the defendant to withdraw his or her 43 guilty plea and dismissing] Where the participant was required to enter 44 a plea of guilty pursuant to paragraph (b) of subdivision four of this 45 section, the court shall apply the disposition and sentence outlined in 46 the agreement under subparagraph (ii) of paragraph (d) of subdivision 47 four of this section. Where the participant did not enter a plea of 48 guilty pursuant to paragraph (b) of subdivision four of this section, 49 the court shall dismiss the indictment or superior court information, 50 felony complaint, misdemeanor complaint, information, simplified infor- 51 mation, or prosecutor's information and seal the case pursuant to 52 section 160.50 of this chapter. 53 (a) Participants who successfully complete judicial diversion shall be 54 eligible to apply for sealing pursuant to section 160.58 of this chap- 55 ter. 
 A. 4869 13 1 (b) Upon successful completion of judicial diversion, the court shall 2 notify the participant of their potential eligibility for sealing pursu- 3 ant to subdivision two of section 160.58 of this chapter. No participant 4 shall be required or permitted to waive eligibility for sealing as a 5 condition of participation in judicial diversion. 6 (c) Where necessary, the court may issue a final order of protection 7 as outlined in subdivision five of section 530.12 or subdivision four of 8 530.13 of this chapter even where the final disposition is a dismissal. 9 Notwithstanding the restrictions of section 160.50 of this chapter, such 10 order of protection and any documents necessary to establish proof of 11 service may be made available to qualified agencies, as defined in 12 subdivision nine of section eight hundred thirty-five of the executive 13 law. The duration of such final order of protection shall not exceed 14 five years. 15 10-a. Treatment providers shall collaborate with the participant and 16 the court to create a post-graduation plan prior to completion of judi- 17 cial diversion. Such plan shall make every effort to assist the partic- 18 ipant in obtaining stable housing and meeting their self-identified 19 long-term goals after graduation. However, when a participant finishes 20 their treatment plan, they shall be considered to have successfully 21 completed their obligation to the court, regardless of their ability to 22 secure housing, employment, or other personal goals identified. 23 11. Nothing in this article shall be construed as restricting or 24 prohibiting courts or district attorneys from using other lawful proce- 25 dures or models for placing appropriate persons into [alcohol or 26 substance use] treatment. 27 § 7. The criminal procedure law is amended by adding a new section 28 216.10 to read as follows: 29 § 216.10 Diversion part established. 30 1. The chief administrator of the courts is hereby directed to estab- 31 lish, in each county of the state, a part of the court to be known as 32 the diversion part for the county in which such court presides. To aid 33 in their work, such judges and diversion court personnel shall receive 34 annual training in specialized areas, including, but not limited to 35 disability, mental illness, and substance use disorder needs, including 36 co-occurring disorders, evidence-based practices, trauma-informed care, 37 the immigration consequences of participation in judicial diversion for 38 individuals who are not United States citizens, certified peer programs, 39 harm reduction principles, and protected health information, as well as 40 training in procedural justice and cultural competency and medicaid or 41 medicare eligibility. The chief administrator of the courts shall ensure 42 that all employees who staff the diversion parts receive specialized 43 training in procedural justice and working with people with complex 44 needs. 45 2. Each chief administrator of the courts shall at the end of each 46 year prepare and file an annual report, which the office shall compile, 47 publish on its website and make available upon request to members of the 48 public. Such reports shall not include any personal identifying informa- 49 tion for any individual participants. Each such report, in addition to 50 other relevant information, shall set forth the following, disaggregated 51 by each county served: 52 (a) the number of people with cases in the diversion part for each of 53 the following categories, broken down by gender, sex, race and ethnici- 54 ty: 55 (i) the number of people who make an application for evaluation; 
 A. 4869 14 1 (ii) the number of people who are accepted into judicial diversion; 2 and 3 (iii) the number of people who successfully complete the program; 4 (b) the length of time, in months, each case remained in the diversion 5 part prior to acquittal, dismissal, release on recognizance, revocation 6 of release on conditions, and sentencing; 7 (c) the crimes with which each participant was charged; 8 (d) the specific qualifying diagnosis or diagnoses for which the 9 participant received treatment while participating in the judicial 10 diversion program; 11 (e) the final disposition, including the sentence, of each case 12 considered for judicial diversion; 13 (f) a list of service providers, including contact information, that 14 the diversion part in the superior court of the county partners with to 15 serve participants; 16 (g) the average amount of time that an eligible defendant must wait 17 for a clinical evaluation; and 18 (h) the number of eligible defendants denied admission to judicial 19 diversion due to the unavailability of treatment services pursuant to 20 subparagraph (iv) of paragraph (b) of subdivision four of section 216.05 21 of this article, and the specific qualifying diagnosis that the court 22 determined could not be adequately treated by existing treatment court 23 providers. 24 § 8. Subdivision 5 of section 170.15 of the criminal procedure law, as 25 amended by chapter 91 of the laws of 2021, is amended to read as 26 follows: 27 5. (a) Notwithstanding any provision of this section to the contrary, 28 in any county [outside a city having a population of one million or 29 more], upon or after arraignment of a defendant on an information, a 30 simplified information, a prosecutor's information or a misdemeanor 31 complaint pending in a local criminal court, such court [may] shall, 32 upon motion of the defendant and after giving the district attorney an 33 opportunity to be heard, order that the action be removed from the court 34 in which the matter is pending to another local criminal court in the 35 same county, or with consent of the district attorney and the district 36 attorney of the adjoining county to another court in [such] an adjoining 37 county, or to a court in the county in which the defendant resides that 38 has been designated as a judicial diversion, human trafficking [court], 39 or veterans treatment court by the chief administrator of the courts, 40 and such judicial diversion, human trafficking [court], or veterans 41 treatment court [may] shall then conduct such action to judgment or 42 other final deposition; provided, however, that no court may order 43 removal pursuant to this subdivision to a veterans treatment court of a 44 family offense charge described in subdivision one of section 530.11 of 45 this chapter where the accused and the person alleged to be the victim 46 of such offense charged are members of the same family or household as 47 defined in such subdivision one of section 530.11; and provided further 48 that an order of removal issued under this subdivision shall not take 49 effect until five days after the date the order is issued unless, prior 50 to such effective date, the human trafficking court or veterans treat- 51 ment court notifies the court that issued the order that: 52 i. it will not accept the action, in which event the order shall not 53 take effect; or 54 ii. it will accept the action on a date prior to such effective date, 55 in which event the order shall take effect upon such prior date. 
 A. 4869 15 1 (b) Upon providing notification pursuant to subparagraph i or ii of 2 paragraph (a) of this subdivision, the human trafficking court or veter- 3 ans treatment court shall promptly give notice to the defendant, [his or 4 her] the defendant's counsel, and the district attorney. 5 § 9. Subdivision 4 of section 180.20 of the criminal procedure law, as 6 amended by chapter 91 of the laws of 2021, is amended to read as 7 follows: 8 4. (a) Notwithstanding any provision of this section to the contrary, 9 [in any county outside a city having a population of one million or 10 more,] upon or after arraignment of a defendant on a felony complaint 11 pending in a local criminal court having preliminary jurisdiction there- 12 of, such court [may] shall, upon motion of the defendant and after 13 giving the district attorney an opportunity to be heard, order that the 14 action be removed from the court in which the matter is pending to 15 another local criminal court in the same county, or with consent of the 16 district attorney and the district attorney of the adjoining county to 17 another court in such adjoining county, or to a court in the county in 18 which the defendant resides, that has been designated as a judicial 19 diversion, human trafficking [court], or veterans treatment court by the 20 chief administrator of the courts, and such judicial diversion, human 21 trafficking [court], or veterans treatment court may then conduct such 22 action to judgment or other final disposition; provided, however, that 23 no court may order removal pursuant to this subdivision to a veterans 24 treatment court of a family offense charge described in subdivision one 25 of section 530.11 of this chapter where the accused and the person 26 alleged to be the victim of such offense charged are members of the same 27 family or household as defined in such subdivision one of section 28 530.11; and provided further an order of removal issued under this 29 subdivision shall not take effect until five days after the date the 30 order is issued unless, prior to such effective date, the human traf- 31 ficking court or veterans treatment court notifies the court that issued 32 the order that: 33 i. it will not accept the action, in which event the order shall not 34 take effect; or 35 ii. it will accept the action on a date prior to such effective date, 36 in which event the order shall take effect upon such prior date. 37 (b) Upon providing notification pursuant to subparagraph i or ii of 38 paragraph (a) of this subdivision, the human trafficking court or veter- 39 ans treatment court shall promptly give notice to the defendant, [his or 40 her] the defendant's counsel and the district attorney. 41 § 10. Section 230.21 of the criminal procedure law, as added by chap- 42 ter 91 of the laws of 2021, is amended to read as follows: 43 § 230.21 Removal of action to certain courts in an adjoining county or 44 county in which the defendant resides. 45 1. In any county [outside a city having a population of one million or 46 more], [the] upon or after arraignment of a defendant on an indictment 47 pending in a superior court having jurisdiction thereof, such court 48 [may] shall, upon motion of the defendant and with consent of the 49 district attorney and the district attorney of the adjoining county that 50 has a superior court designated a human trafficking court or veterans 51 treatment court by the chief administrator of the courts, order that the 52 indictment and action be removed from the court in which the matter is 53 pending to [such] a superior court in an adjoining county or in the 54 county in which the defendant resides that has been designated a judi- 55 cial diversion, human trafficking [court], or veterans treatment court, 56 whereupon such court may then conduct such action to judgment or other 
 A. 4869 16 1 final disposition; provided, however, that no court may order removal to 2 a veterans treatment court of a family offense charge described in 3 subdivision one of section 530.11 of this chapter pursuant to this 4 section where the accused and the person alleged to be the victim of 5 such offense charged are members of the same family or household as 6 defined in such subdivision one of section 530.11; and provided further 7 that an order of removal issued under this subdivision shall not take 8 effect until five days after the date the order is issued unless, prior 9 to such effective date, the human trafficking court or veterans treat- 10 ment court notifies the court that issued the order that: 11 (a) it will not accept the action, in which event the order shall not 12 take effect, or 13 (b) it will accept the action on a date prior to such effective date, 14 in which event the order shall take effect upon such prior date. 15 2. Upon providing notification pursuant to paragraph (a) or (b) of 16 subdivision one of this section, the human trafficking court or veterans 17 treatment court shall promptly give notice to the defendant, [his or 18 her] the defendant's counsel and the district attorney of both counties. 19 § 11. Paragraph (r) of subdivision 2 of section 212 of the judiciary 20 law, as added by section 15 of part AAA of chapter 56 of the laws of 21 2009, is amended to read as follows: 22 (r) Ensure that cases eligible for judicial diversion pursuant to 23 article two hundred sixteen of the criminal procedure law shall be 24 assigned to court parts in the manner provided by the chief administra- 25 tor and that, to the extent practicable, such cases are presided over by 26 judges who, by virtue of the structure, caseload and resources of the 27 parts and the judges' training, are in the best position to provide 28 effective supervision over such cases, such as the [drug] treatment 29 courts. In compliance with these provisions, the chief administrator 30 shall [give due weight to] individually assess the need for diverted 31 defendants to make regular court appearances, and be closely supervised 32 by the court, for the duration of [drug] treatment and the pendency of 33 the criminal charge. 34 § 12. The section heading, subdivision 1, and the opening paragraph of 35 subdivision 2 of section 160.58 of the criminal procedure law, as added 36 by section 3 of part AAA of chapter 56 of the laws of 2009, are amended 37 to read as follows: 38 Conditional sealing of certain [controlled substance, marihuana or 39 specified offense] convictions for people who complete judicial diver- 40 sion or a judicially sanctioned drug treatment program. 41 1. A [defendant convicted of any offense defined in article two 42 hundred twenty or two hundred twenty-one of the penal law or a specified 43 offense defined in subdivision five of section 410.91 of this chapter] 44 person who has successfully completed a judicial diversion program under 45 article two hundred sixteen of this chapter, or one of the programs 46 heretofore known as drug treatment alternative to prison or another 47 judicially sanctioned drug treatment program of similar duration, 48 requirements and level of supervision, and [has completed the sentence 49 imposed for the offense or offenses,] was sentenced for an offense or 50 offenses upon completion of such program is eligible to have such 51 offense or offenses conditionally sealed pursuant to this section. For 52 such offenses, the court that sentenced the defendant to a judicially 53 sanctioned drug treatment program may, on its own motion or on the 54 defendant's motion, order that all official records and papers relating 55 to the arrest, prosecution and conviction which resulted in the defend- 
 A. 4869 17 1 ant's participation in the judicially sanctioned drug treatment program 2 be conditionally sealed. 3 [The court that sentenced the defendant to a judicially sanctioned 4 drug treatment program may on its own motion, or on the defendant's 5 motion, order that all official records and papers relating to the 6 arrest, prosecution and conviction which resulted in the defendant's 7 participation in the judicially sanctioned drug treatment program be 8 conditionally sealed. In such case, the court may also] 9 Where a person has completed a judicial diversion program pursuant to 10 article two hundred sixteen of this chapter or a drug treatment alterna- 11 tive to prison program or another judicially sanctioned drug treatment 12 program, the court that supervised the person's participation in the 13 program may, on its own motion or on the defendant's motion, condi- 14 tionally seal the arrest, prosecution and conviction records for no more 15 than three of the [defendant's] person's prior eligible misdemeanors, 16 which for purposes of this subdivision shall be limited to misdemeanor 17 offenses defined in article two hundred twenty [or], two hundred twen- 18 ty-one, or two hundred twenty-two of the penal law. The court may only 19 seal the records of the defendant's arrests, prosecutions and 20 convictions when: 21 § 13. Paragraph (j) of subdivision 1 of section 210.40 of the criminal 22 procedure law, as added by chapter 216 of the laws of 1979, is amended 23 to read as follows: 24 (j) any other relevant fact indicating that a judgment of conviction 25 would serve no useful purpose, including but not limited to, whether the 26 defendant was denied admission to judicial diversion due to the unavail- 27 ability of adequate treatment services pursuant to subparagraph (iv) of 28 paragraph (b) of subdivision three of section 216.05 of this chapter. 29 § 14. Paragraph (j) of subdivision 1 of section 170.40 of the criminal 30 procedure law, as added by chapter 216 of the laws of 1979, is amended 31 to read as follows: 32 (j) any other relevant fact indicating that a judgment of conviction 33 would serve no useful purpose, including but not limited to, whether the 34 defendant was denied admission to judicial diversion due to the unavail- 35 ability of adequate treatment services pursuant to subparagraph (iv) of 36 paragraph (b) of subdivision three of section 216.05 of this chapter. 37 § 15. This act shall take effect one year after it shall have become a 38 law; provided, however that the amendments to the opening paragraph of 39 subdivision 1 of section 216.00 of the criminal procedure law made by 40 section two of this act shall be subject to the expiration and reversion 41 of such paragraph pursuant to section 12 of chapter 90 of the laws of 42 2014, as amended, when upon such date the provisions of section three of 43 this act shall take effect.