Courts could divert people with qualifying diagnoses into treatment

Courts may consider a person for diversion and order a clinical evaluation. A person charged with an offense may qualify if they have a listed mental health or substance use diagnosis. Class A felonies are excluded except those under Penal Law article 220, as are Class B felonies under article 130. With the prosecutor's consent, a court may make an exception after individual consideration. A court may require an initial showing of a qualifying diagnosis before ordering an evaluation, or accept an evaluation already completed. If the person chooses to seek diversion after evaluation, the court and prosecutor receive the report, and the person must consent to sharing protected health information with them. A request for evaluation may be made after arraignment and before a guilty plea or trial begins. The bill says it would take effect one year after becoming law.

Courts would set treatment plans and participation conditions for people admitted to diversion. These provisions apply to people admitted to judicial diversion and the courts and treatment providers working with them. Treatment may include counseling, medication, and other evidence-based care, but not care in jail or a forensic hospital. A court may require limited treatment updates, but may not restrict medication prescribed by a licensed professional or penalize voluntary hospitalization or supportive care. A hearing is required before a court imposes a response that could mean jail or removal from diversion. On successful completion, people who pleaded guilty receive the outcome set in their agreement; cases for those who did not plead guilty are dismissed and sealed. The court sets the treatment period and conditions when a person enters diversion. After successful completion, the court follows the agreed case outcome or dismisses and seals the case, depending on whether the person pleaded guilty.

Court administrators would establish county diversion parts, train staff, and publish annual reports. The duties apply to the chief court administrators and staff working in diversion parts established in each county. Reports would leave out information that identifies participants and include county-level information such as applications, admissions, outcomes, evaluation wait times, and treatment services that were unavailable. The bill says it would take effect one year after becoming law. Administrators would prepare reports at the end of each year.