N.Y. CPL Law § 216.00 — New York Code / Act CPL / Part 2 / Title I / Article 216 / Section 216.00
Definitions
Status: in_force

§ 216.00 Definitions.\n  The following definitions are applicable to this article:\n  1. * "Eligible defendant" means any person who stands charged in an\nindictment or a superior court information with a class B, C, D or E\nfelony offense defined in article one hundred seventy-nine, two hundred\ntwenty or two hundred twenty-two of the penal law, an offense defined in\nsections 105.10 and 105.13 of the penal law provided that the underlying\ncrime for the conspiracy charge is a class B, C, D or E felony offense\ndefined in article one hundred seventy-nine, two hundred twenty or two\nhundred twenty-two of the penal law, auto stripping in the second degree\nas defined in section 165.10 of the penal law, auto stripping in the\nfirst degree as defined in section 165.11 of the penal law, identity\ntheft in the second degree as defined in section 190.79 of the penal\nlaw, identity theft in the first degree as defined in section 190.80 of\nthe penal law, or any other specified offense as defined in subdivision\nfive of section 410.91 of this chapter, provided, however, a defendant\nis not an "eligible defendant" if he or she:\n  * NB Effective until July 5, 2028\n  * "Eligible defendant" means any person who stands charged in an\nindictment or a superior court information with a class B, C, D or E\nfelony offense defined in article two hundred twenty or two hundred\ntwenty-two of the penal law, an offense defined in sections 105.10 and\n105.13 of the penal law provided that the underlying crime for the\nconspiracy charge is a class B, C, D or E felony offense defined in\narticle two hundred twenty or two hundred twenty-two of the penal law,\nauto stripping in the second degree as defined in section 165.10 of the\npenal law, auto stripping in the first degree as defined in section\n165.11 of the penal law, identity theft in the second degree as defined\nin section 190.79 of the penal law, identity theft in the first degree\nas defined in section 190.80 of the penal law, or any other specified\noffense as defined in subdivision five of section 410.91 of this\nchapter, provided, however, a defendant is not an "eligible defendant"\nif he or she:\n  * NB Effective July 5, 2028\n  (a) within the preceding ten years, excluding any time during which\nthe offender was incarcerated for any reason between the time of\ncommission of the previous felony and the time of commission of the\npresent felony, has previously been convicted of: (i) a violent felony\noffense as defined in section 70.02 of the penal law or (ii) any other\noffense for which a merit time allowance is not available pursuant to\nsubparagraph (ii) of paragraph (d) of subdivision one of section eight\nhundred three of the correction law, or (iii) a class A felony offense\ndefined in article two hundred twenty of the penal law; or\n  (b) has previously been adjudicated a second violent felony offender\npursuant to section 70.04 of the penal law or a persistent violent\nfelony offender pursuant to section 70.08 of the penal law.\n  A defendant who also stands charged with a violent felony offense as\ndefined in section 70.02 of the penal law or an offense for which merit\ntime allowance is not available pursuant to subparagraph (ii) of\nparagraph (d) of subdivision one of section eight hundred three of the\ncorrection law for which the court must, upon the defendant's conviction\nthereof, sentence the defendant to incarceration in state prison is not\nan eligible defendant while such charges are pending. A defendant who is\nexcluded from the judicial diversion program pursuant to this paragraph\nor paragraph (a) or (b) of this subdivision may become an eligible\ndefendant upon the prosecutor's consent.\n  2. "Alcohol and substance use evaluation" means a written assessment\nand report by a court-approved entity or licensed health care\nprofessional experienced in the treatment of alcohol and substance use\ndisorder, or by an addiction and substance abuse counselor credentialed\nby the office of addiction services and supports pursuant to section\n19.07 of the mental hygiene law, which shall include:\n  (a) an evaluation as to whether the defendant has a history of alcohol\nor substance use disorder, as such terms are defined in the diagnostic\nand statistical manual of mental disorders, fifth edition, and a\nco-occurring mental disorder or mental illness and the relationship\nbetween such use and mental disorder or mental illness, if any;\n  (b) a recommendation as to whether the defendant's alcohol or\nsubstance use, if any, could be effectively addressed by judicial\ndiversion in accordance with this article;\n  (c) a recommendation as to the treatment modality, level of care and\nlength of any proposed treatment to effectively address the defendant's\nalcohol or substance use and any co-occurring mental disorder or\nillness; and\n  (d) any other information, factor, circumstance, or recommendation\ndeemed relevant by the assessing entity or specifically requested by the\ncourt.\n