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High Impact

New York bill establishes county diversion parts, expands judicial diversion eligibility, and limits guilty plea requirements

Original title: Relates to judicial diversion programs; repealer

Last action · September 23, 2026: REFERRED TO RULESSponsor: Nathalia Fernández

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Senate Bill 10706 requires the Chief Administrator of the Courts to establish a diversion part in each county court, broadens eligibility to individuals with qualifying mental health or substance use diagnoses regardless of specific felony classifications, and eliminates mandatory guilty pleas for most participating defendants.

Why it matters

Changes court procedures and treatment access for criminal defendants across New York by replacing substance-specific eligibility with a diagnosis-based framework, setting annual reporting mandates, and restricting law enforcement supervision during treatment.

Background
  • Judicial diversion programs in New York allow eligible defendants facing certain charges to participate in court-supervised treatment as an alternative to traditional prosecution or incarceration. context
  • Nathalia Fernandez represents District 34 in the New York State Senate. 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

Criminal defendants with qualifying diagnoses

Defendants with mental health or substance use disorders become eligible for judicial diversion without mandatory guilty pleas and receive individualized treatment plans.

Directly affected

Court administration and judges

Must establish county diversion parts, ensure specialized annual training for staff, and compile detailed annual reports.

Directly affected

Treatment providers

Collaborate on clinical evaluations, create individualized treatment plans, and assist in post-graduation planning.

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 qualifies for the judicial diversion program under this bill?
Any defendant who stands charged with an offense and has a —such as a serious mental disorder, neurodevelopmental or neurocognitive disorder with severe functional impairment, or substance use disorder—is eligible, provided they are not charged with excluded offenses like certain class A or class B felonies.
Is a guilty plea required to enter the judicial diversion program?
No. Under the bill, eligible defendants are not required to submit a plea of guilty to participate in unless charged with specific felonies enumerated in section 70.02 of the penal law or under specific individualized court determinations.
What happens if a participant successfully completes the program?
Upon successful completion of the treatment plan, the court will dismiss the indictment or complaint, execute agreed dispositions, and seal the case records 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

1 action
  1. Sep 23, 2026SenateCommittee
    REFERRED TO RULES

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

Discoveries

1 pattern noticed across the record

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

policy shift95% confidence

Transition from Substance-Specific to Diagnosis-Based Diversion

The legislation shifts New York's judicial diversion framework from focusing strictly on specific felony offenses and substance use to a broader diagnosis-based categorization including mental health disorders.

Connected Entities

Nathalia Fernández, Office of Mental Health, Office of Addiction Services and Supports
PersonNathalia Fernández“New York State Senator for District 34 who introduced Senate Bill 10706.”Map →
OrganizationOffice of Mental Health“State agency involved in certifying peer professionals and approving clinical re”Map →
OrganizationOffice of Addiction Services and Supports“State agency responsible for credentialing addiction and substance use disorder ”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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