Bill > A06677

This bill, named after Officer Randolph Holder, modifies the judicial diversion program for certain felony offenders by introducing several key changes to the criminal procedure law. The bill expands the criteria for determining who is ineligible for judicial diversion, now explicitly including individuals previously adjudicated as a second felony offender, persistent felony offender, second violent felony offender, or persistent violent felony offender. Additionally, the bill requires that the court consider information related to a defendant's potential to jeopardize the safety of others or the public when assessing their suitability for the program. Most significantly, the bill now mandates that the prosecutor must provide consent before a defendant can be considered for judicial diversion, and requires the court to specifically evaluate whether entry into the diversion program poses a risk to public safety. These changes aim to provide more stringent safeguards and prosecutorial oversight in the judicial diversion process, potentially making it more challenging for certain repeat offenders to access alternative treatment programs. The bill will take effect 90 days after becoming law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6677