Removal of action to certain courts in an adjoining county

§ 230.21 Removal of action to certain courts in an adjoining county.\n 1. In any county outside a city having a population of one million or\nmore, the court may, upon motion of the defendant and with consent of\nthe district attorney and the district attorney of the adjoining county\nthat has a superior court designated a human trafficking court, veterans\ntreatment court, or mental health court by the chief administrator of\nthe courts, order that the indictment and action be removed from the\ncourt in which the matter is pending to such human trafficking court,\nveterans treatment court, or mental health court, whereupon such court\nmay then conduct such action to judgment or other final disposition;\nprovided, however, that no court may order removal to a veterans\ntreatment court of a family offense charge described in subdivision one\nof section 530.11 of this chapter pursuant to this section where the\naccused and the person alleged to be the victim of such offense charged\nare members of the same family or household as defined in such\nsubdivision one of section 530.11; provided further that an order of\nremoval issued under this subdivision shall not take effect until five\ndays after the date the order is issued unless, prior to such effective\ndate, the human trafficking court, veterans treatment court, or mental\nhealth court notifies the court that issued the order that: (a) it will\nnot accept the action, in which event the order shall not take effect,\nor (b) it will accept the action on a date prior to such effective date,\nin which event the order shall take effect upon such prior date; and\nprovided further that, for mental health court transfers, the receiving\ncourt shall coordinate with the local governmental unit, as the term is\ndefined in section 41.03 of the mental hygiene law, of the defendant's\ncounty of residence for the planning and delivery of treatment services.\n 2. Upon providing notification pursuant to paragraph (a) or (b) of\nsubdivision one of this section, the human trafficking court, veterans\ntreatment court, or mental health court shall promptly give notice to\nthe defendant, the defendant's counsel and the district attorney of both\ncounties.\n 3. In the event the defendant fails to comply with or complete the\nmental health court program, jurisdiction and responsibility for further\nproceedings shall revert to the original court of record.\n