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High Impact

New York Assembly bill expands judicial diversion eligibility to defendants with qualifying mental health and substance use diagnoses

Original title: Relates to judicial diversion programs; repealer

Last action · January 7, 2026: REFERRED TO WAYS AND MEANSSponsors: Phara Souffrant Forrest and 62 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Assembly Bill 4869 broadens New York's programs to include defendants charged with any offense who have a qualifying mental health or substance use diagnosis, while establishing dedicated diversion court parts in every county one year after enactment.

Why it matters

Expands treatment-based alternatives to incarceration across all New York counties, altering court procedures, confidentiality rules, and sentencing guidelines for eligible defendants with clinical diagnoses.

Background
  • Judicial diversion programs in New York were originally structured under Article 216 of the criminal procedure law to offer substance use treatment as an alternative to incarceration for certain felony offenders. context
  • Phara Souffrant Forrest serves in the New York State Assembly representing District 57. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Defendants with qualifying diagnoses

Eligible defendants gain expanded access to court-supervised treatment programs instead of incarceration, along with protections regarding guilty plea requirements and medical privacy.

Directly affected

Treatment providers

Providers are tasked with conducting clinical evaluations, developing individualized treatment plans, collaborating with courts, and formulating post-graduation plans for participants.

Directly affected

Chief Administrator of the Courts

Must establish a diversion part in each county court, ensure specialized training for personnel, and compile an annual published report on diversion statistics.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who is considered an eligible defendant under the proposed law?
Any person who stands charged with an offense in an indictment, superior court information, misdemeanor complaint, or felony complaint who has a qualifying mental health or substance use diagnosis, provided they are not charged with certain excluded class A or class B felonies.
Is a guilty plea mandatory to participate in the judicial diversion program?
No, eligible defendants are generally not required to submit a plea of guilty to participate unless they are charged with specific felonies enumerated in penal law section 70.02 or burglary in the second degree under certain conditions.
What happens to a participant's criminal record upon successful completion of the program?
Upon successful completion of the program, the court shall dismiss the accusatory instrument and seal the case pursuant to section 160.50 of the criminal procedure law.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

3 actions
  1. Jan 7, 2026HouseCommittee
    REFERRED TO WAYS AND MEANS
  2. Apr 28, 2025HouseCommittee
    REPORTED REFERRED TO WAYS AND MEANS
  3. Feb 6, 2025HouseCommittee
    REFERRED TO CODES

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Show 58 more sponsors
Diana MorenoAssembly · District 36CosponsorNo profile match

Discoveries

2 patterns noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Expansion from Felony-Specific to Diagnosis-Based Diversion

The bill shifts New York's judicial diversion framework from a list of specific felony offenses to any offense coupled with a qualifying clinical diagnosis.

temporal pattern95% confidence

One-Year Implementation Delay

The act takes effect one year after becoming law, providing courts and administrative offices time to establish county diversion parts and annual reporting structures.

Connected Entities

Jessica González-Rojas, Emily Gallagher, Harvey Epstein and 11 more
PersonJessica González-Rojas“Cosponsor of Assembly Bill 4869”Map →
PersonEmily Gallagher“Cosponsor of Assembly Bill 4869”Map →
PersonHarvey Epstein“Cosponsor of Assembly Bill 4869”Map →
OrganizationOffice of Mental Health“State agency certifying peer professionals and mental health standards”Map →
PersonAnna Kelles“Cosponsor of Assembly Bill 4869”Map →
PersonPhara Souffrant Forrest“Primary sponsor of Assembly Bill 4869”Map →
PersonChris Burdick“Cosponsor of Assembly Bill 4869”Map →
PersonAndrew Hevesi“Cosponsor of Assembly Bill 4869”Map →
PersonChantel Jackson“Cosponsor of Assembly Bill 4869”Map →
PersonMarcela Mitaynes“Cosponsor of Assembly Bill 4869”Map →
OrganizationOffice of Addiction Services and Supports“State agency overseeing substance use counselor credentialing and guidance”Map →
PersonDavid Weprin“Cosponsor of Assembly Bill 4869”Map →
locationNew York“State jurisdiction where the bill applies”Map →
PersonKhaleel Anderson“Cosponsor of Assembly Bill 4869”Map →

Sources

Open source document

www.nysenate.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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