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7 Cards in this Set
- Front
- Back
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216.00 Eligible defendant means |
Person charged in indictment or s.c.i. with B, C, D, or E felony (PL 220,221). |
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216.00 Defendant is not eligible IF: |
A. Previously convicted within last 10 years of violent felony (PL 70.02), or other offense for which merit time allowance is not available (Corrections Law 803 (d) (ii)), or Class A felony (PL 220), OR B. Has previously been adjudicated second violent felony offender (PL 70.04), or persistent violent felony offender (PL 70.08), or C. Charged with violent felony offense, or offense for which merit time allowance is not available A defendant excluded as per a or b MAY become an eligible defendant upon the prosecutor’s consent. |
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216.05 1. Upon request by an eligible defendant (at time after arraignment, but prior to the entry of a plea of guilty or the commencement of trial) the court may order an alcohol and substance abuse evaluation. Defendant shall provide... |
written authorization authorizing disclosure of assessment to defendants attorney, prosecutor, local probation department, court, authorized court personnel and other individuals specified in the authorization. |
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216.05 2. Upon receipt of evaluation, court shall provide copy to the eligible defendant and prosecutor. 3. Upon receipt of evaluation, either party may request a hearing as to whether defendant should be offered treatment pursuant to this article. The proceeding shall be held as soon as practicable. At proceeding, the court may: |
1. May consider oral and written arguments 2. May take testimony from witnesses offered by either party 3. May consider other relevant evidence |
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216.05 Upon completion of proceeding, Court shall consider and make findings as to whether: |
1. Defendant is an eligible defendant 2. The defendant has a history of alcohol or substance abuse or dependence 3. Such history or dependence contributed to the criminal behavior 4. Defendant’s participation in program could effectively address such abuse or dependence, and 5. Institutional confinement of defendant is or may not be necessary for the protection of the public. |
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216.05 4. If court determines that defendant should be offered diversion, or where parties agree to diversion, the defendant shall be required to enter a plea of guilty, EXCEPT when |
1. The people and the court consent to entry of diversion order without a plea of guilty, or 2. Court finds exceptional circumstances (In a case where the entry of a plea of guilty is likely to result in severe collateral consequences, exceptional circumstances exist, regardless of the ultimate disposition of the case). |
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216.05 10. Upon successful completion of diversion program, court may: |
1. Order interim probation supervision and upon completion permit the defendant to withdraw guilty plea and dismiss the indictment. 2. Order interim probation supervision and upon completion permit the defendant to withdraw guilty plea and enter a guilty plea to a misdemeanor and sentence the defendant 3. Allow defendant to withdraw the guilty plea and dismiss the indictment |
