Amd §230.21, CP L (as proposed in S.8312 & A.7563)
Allows the removal of criminal actions to a mental health court in an adjoining county and provides for the reversion to the original court of record where the defendant fails to comply with or complete the mental health court program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9494
SPONSOR: McDonald TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the removal
of actions to certain courts in an adjoining county
PURPOSE:
The purpose of this bill is to make clarifying amendments to Chapter 587
of the Laws of 2025 regarding cases transferred to mental health courts
in adjoining counties and defendant compliance.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 230.21 of the criminal proce-
dure law to clarify that, in cases transferred to a mental health court,
the receiving court must coordinate with local government units of the
defendant's county of residence. Section 1 would further add language
stating that, if a defendant fails to comply with or complete the mental
health court program, the case will revert jurisdiction to the original
court for further proceedings.
Section 2 of the bill would set the effective date.
JUSTIFICATION:
Twenty-six counties in New York state have at least one mental health
court. This bill seeks to allow cases to be transferred with the consent
of the district attorneys of both counties to an adjoining county with a
mental health court when county where the case is brought does not have
a mental health court within the county.
The intent is to increase access to mental health treatment similar to
the Law Enforcement Assisted Diversion (LEAD) program in Albany County.
This bill would make amendments to a Chapter of the laws of 2025 to
clarify the county responsible for providing services and stipulate that
if a defendant fails to comply with or complete the mental health court
program, the case will return to the original court for further
proceedings.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2025 amending the criminal procedure law relating
to the removal of actions, to certain courts in an adjoining county, as
proposed in legislative bills numbers S. 8312 and A. 7563, takes effect.
STATE OF NEW YORK
________________________________________________________________________
9494
IN ASSEMBLY
January 7, 2026
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to the removal
of actions to certain courts in an adjoining county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 230.21 of the criminal procedure law, as amended by
2 a chapter of the laws of 2025 amending the criminal procedure law relat-
3 ing to the removal of actions to certain courts in an adjoining county,
4 as proposed in legislative bills numbers S. 8312 and A. 7563, is amended
5 to read as follows:
6 § 230.21 Removal of action to certain courts in an adjoining county.
7 1. In any county outside a city having a population of one million or
8 more, the court may, upon motion of the defendant and with consent of
9 the district attorney and the district attorney of the adjoining county
10 that has a superior court designated a human trafficking court, veterans
11 treatment court, or mental health court by the chief administrator of
12 the courts, order that the indictment and action be removed from the
13 court in which the matter is pending to such human trafficking court,
14 veterans treatment court, or mental health court, whereupon such court
15 may then conduct such action to judgment or other final disposition;
16 provided, however, that no court may order removal to a veterans treat-
17 ment court of a family offense charge described in subdivision one of
18 section 530.11 of this chapter pursuant to this section where the
19 accused and the person alleged to be the victim of such offense charged
20 are members of the same family or household as defined in such subdivi-
21 sion one of section 530.11; [and] provided further that an order of
22 removal issued under this subdivision shall not take effect until five
23 days after the date the order is issued unless, prior to such effective
24 date, the human trafficking court, veterans treatment court, or mental
25 health court notifies the court that issued the order that: (a) it will
26 not accept the action, in which event the order shall not take effect,
27 or (b) it will accept the action on a date prior to such effective date,
28 in which event the order shall take effect upon such prior date; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11230-02-6
A. 9494 2
1 provided further that, for mental health court transfers, the receiving
2 court shall coordinate with the local governmental unit, as the term is
3 defined in section 41.03 of the mental hygiene law, of the defendant's
4 county of residence for the planning and delivery of treatment services.
5 2. Upon providing notification pursuant to paragraph (a) or (b) of
6 subdivision one of this section, the human trafficking court, veterans
7 treatment court, or mental health court shall promptly give notice to
8 the defendant, the defendant's counsel and the district attorney of both
9 counties.
10 3. In the event the defendant fails to comply with or complete the
11 mental health court program, jurisdiction and responsibility for further
12 proceedings shall revert to the original court of record.
13 § 2. This act shall take effect on the same date and in the same
14 manner as a chapter of the laws of 2025 amending the criminal procedure
15 law relating to the removal of actions to certain courts in an adjoining
16 county, as proposed in legislative bills numbers S. 8312 and A. 7563,
17 takes effect.
