BILL NUMBER: S1192
SPONSOR: ADDABBO
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to establishing
an alternative resolution program for service members and veterans
accused of certain felonies
 
PURPOSE:
To establish a process for the alternative resolution of criminal
proceedings involving service members and veterans who served in combat
or experienced a traumatic event or were physically or mentally injured
during military service where their resulting illness, injury, and/or
other condition may have played a role in the commission of criminal
offense.
 
SUMMARY OF PROVISIONS:
Section 1 establishes a new criminal procedure law article 217,
comprised of three sections, to provide for alternate resolution of
criminal proceedings involving service members and veterans. The new
section 217.00 contains "Legislative findings and declaration." The new
section 217.05 contains definitions of the terms "veteran," "service
member," "eligible service member or veteran" and "service member or
veteran evaluation." The new section 217.10 sets forth the procedure for
conducting a service member or veteran evaluation, including diagnosing
any mental or physical health condition, assessment if treatment is
needed, and determining eligibility in the alternative resolution
program. Veteran or service member defendants charged with violent Class
A felonies, such as murder, arson and kidnapping, and all sex offenses,
are not eligible for the alternative resolution program. Section 217.10
also describes the alternative resolution program, which includes the
development of a treatment plan, and the court's final disposition of
proceedings upon satisfaction of the terms and conditions of the treat-
ment plan, which may include a reduction of the charge or a discharge.
Section 2 includes an amendment to Section 390.30 of the criminal proce-
dure law to include any veteran or service member's evaluation report in
a pre-sentence investigation and report.
Section 3 provides the effective date.
 
JUSTIFICATION:
As U.S. veterans return home, an increasing number of them suffer from
serious trauma as a result of their military service, such as Post-Trau-
matic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), substance
abuse or addiction, major depression and other mental or physical
impairments or illnesses. A national study, (Invisible Wounds of War),
by RAND Corporation in 2008 found one in five veterans returning from
Iraq and Afghanistan reported symptoms of PTSD or major depression.
Researchers also found serious treatment gaps with only 53% of veterans
with symptoms of mental health conditions seeking help, and of those who
sought care, roughly half got minimally adequate treatment. In New York
State, (A Needs Assessment of New York State Veterans) 2011 study by
RAND Corporation and the New York State Health Foundation found an esti-
mated 85,000 veterans returning home since 2001 have an unusually high
rate of mental health problems. This study found nearly one in four New
York State veterans had a probable diagnosis of PTSD and/or major
depression. A follow up 2011 report by the Iraq and Afghanistan Veterans
of America, (New York's Newest Veterans: Key Findings and Policy Impli-
cations of the RAND Corporation's Needs Assessment of New York State
Veterans), recommended a policy "to successfully execute an alternative
sentencing program for veterans whose crimes stem from service-related
injuries."
Returning veterans face frontline indifference when suffering from an
untreated mental or physical illness or injury. And those vets who may
commit a crime end up lost in the criminal justice system. There is no
statewide mechanism to identify veterans in the criminal justice system,
and many are sentenced by courts unaware of their veteran status and
military experience, let alone any untreated health condition that
caused or contributed to their criminal act. A proactive health-based
approach is needed to respond to this mental health calamity among
veterans who find themselves in the criminal justice system. The Justice
for Our Veterans Act would establish procedures to ensure that veterans
in the criminal justice system receive necessary treatment to address
military service-caused physical or mental illnesses that may have
played a role in the charged offense. If the veteran completes the
court-ordered treatment plan, the court has the option to reduce or
dismiss the charges in appropriate cases. If the veteran completes the
court-ordered treatment plan, the court has the option to reduce or
dismiss the charges when appropriate. Veteran defendants charged with a
Class A felony of murder, arson or kidnapping, or any sex offend er,
would be evaluated for any mental or physical health conditions, but
they would not be eligible for the diversion track program resulting in
possible reduced charges.
New York has 19 veterans' courts or tracks in 17 counties, based in city
or county courts. While these courts can help veterans, they only accept
a small percentage of cases, do not have uniform procedures, and usually
limit eligibility to misdemeanors and nonviolent felonies. Moreover, the
majority of counties do not even have veterans courts. Our veterans
deserve the Justice for Our Veterans Act so that untreated men and women
with invisible but real illnesses or injuries-the most vulnerable of our
returning warriors-receive treatment and an alternative resolution proc-
ess in the criminal justice system. This bill would require judges to
consider the role a veteran's mental health issues played in their
infraction, and whether charges should be reduced or dismissed upon the
conclusion of the veteran's treatment. While we as a grateful nation
support our troops, the Justice for Our Veterans Act puts our nation's
pledge to support the troops into action. It directly assists, in a
concrete way, the most vulnerable of our veterans.
Passage of this bill will make New York one of the first states to
establish a comprehensive statutory program so that veterans receive
needed treatment to address mental health illnesses or conditions, and
when appropriate, avoid the significant collateral consequences that
flow from criminal convictions.
 
LEGISLATIVE HISTORY:
2020: S.8296 - Referred to Senate Codes Committee.
2021: S.2679 - Referred to Senate Codes Committee.
2022: S.2679 - Referred to Senate Codes Committee.
2023: S.1612 - Referred to Senate Codes Committee.
2024: S.1612 - Referred to Senate Codes Committee.
 
FISCAL IMPLICATIONS:
Localities should experience a reduction in local jail costs with conse-
quent fiscal savings and the State should save on reduced prison-costs.
It is anticipated that the cost to the state for treatment will be
negligible as many if not most, eligible veterans will receive treatment
through the U.S. Department of Veterans Affairs.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1192: 390.30 criminal procedure law, 390.30(2) criminal procedure law