Bill > S08312

This bill amends the criminal procedure law to allow for the removal of criminal actions to a mental health court in an adjoining county, expanding on existing provisions for removing cases to human trafficking and veterans treatment courts. Specifically, the bill permits defendants in counties outside New York City to request a transfer of their case to a mental health court in a neighboring county, with the consent of both the local district attorney and the district attorney of the adjoining county. The transfer is contingent upon the adjoining county having a mental health court designated by the chief administrator of the courts. The bill includes procedural safeguards, such as a five-day waiting period before the transfer takes effect and provisions for the receiving court to accept or decline the case. If accepted, the receiving court can then proceed to judgment or final disposition of the case. The bill also updates language to modernize the text, such as changing "his or her" to "the defendant's". The amendment aims to provide more flexibility in managing criminal cases and potentially offer more specialized treatment options for defendants with mental health needs.

https://www.nysenate.gov/legislation/bills/2025/S8312