Bill Text: NY A06255 | 2015-2016 | General Assembly | Amended
Bill Title: Prohibits removal from the judicial diversion program of defendants with opioid addictions, on the basis of participation prescribed drug treatment under the care of a physician.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-09-25 - signed chap.258 [A06255 Detail]
Download: New_York-2015-A06255-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6255--B
2015-2016 Regular Sessions
I N A S S E M B L Y
March 18, 2015
___________
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. GOTT-
FRIED -- read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to authorizing
eligible defendants, in the judicial diversion program who need treat-
ment for opioid abuse or dependence, to receive certain medically
prescribed treatment therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 and paragraph (a) of subdivision 9 of section
2 216.05 of the criminal procedure law, as added by section 4 of part AAA
3 of chapter 56 of the laws of 2009, are amended to read as follows:
4 5. The defendant shall agree on the record or in writing to abide by
5 the release conditions set by the court, which, shall include: partic-
6 ipation in a specified period of alcohol or substance abuse treatment at
7 a specified program or programs identified by the court, which may
8 include periods of detoxification, residential or outpatient treatment,
9 or both, as determined after taking into account the views of the health
10 care professional who conducted the alcohol and substance abuse evalu-
11 ation and any health care professionals responsible for providing such
12 treatment or monitoring the defendant's progress in such treatment; and
13 may include: (i) periodic court appearances, which may include periodic
14 urinalysis; (ii) a requirement that the defendant refrain from engaging
15 in criminal behaviors; (III) IF THE DEFENDANT NEEDS TREATMENT FOR OPIOID
16 ABUSE OR DEPENDENCE, THAT HE OR SHE MAY PARTICIPATE IN AND RECEIVE
17 MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE OF A HEALTH CARE
18 PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION
19 LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09425-04-5
A. 6255--B 2
1 (a) If at any time during the defendant's participation in the judi-
2 cial diversion program, the court has reasonable grounds to believe that
3 the defendant has violated a release condition or has failed to appear
4 before the court as requested, the court shall direct the defendant to
5 appear or issue a bench warrant to a police officer or an appropriate
6 peace officer directing him or her to take the defendant into custody
7 and bring the defendant before the court without unnecessary delay;
8 PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES SHALL A DEFENDANT WHO
9 REQUIRES TREATMENT FOR OPIOID ABUSE OR DEPENDENCE BE DEEMED TO HAVE
10 VIOLATED A RELEASE CONDITION ON THE BASIS OF HIS OR HER PARTICIPATION IN
11 MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE OF A HEALTH CARE
12 PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION
13 LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE. The provisions
14 of subdivision one of section 530.60 of this chapter relating to revoca-
15 tion of recognizance or bail shall apply to such proceedings under this
16 subdivision.
17 S 2. This act shall take effect immediately.
