Bill Text: NY A08579 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for electronic monitoring of defendants in judicial diversion programs.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2016-11-10 - enacting clause stricken [A08579 Detail]

Download: New_York-2015-A08579-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8579
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   November 16, 2015
                                      ___________
       Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
         Committee on Correction
       AN ACT to amend the criminal procedure law, in relation to  the  use  of
         electronic  monitoring  for certain participants in judicial diversion
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
    2  law, as amended by chapter 258 of the laws of 2015, is amended  to  read
    3  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  AND,  WHEN MANDATED, SHALL BE ACCOMPANIED BY THE REQUIREMENT
   15  THAT THE DEFENDANT SUBMIT TO THE USE OF A CONTINUAL ELECTRONIC  MONITOR-
   16  ING  DEVICE  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION FOUR OF
   17  SECTION 65.10 OF THE PENAL LAW; (ii) a requirement  that  the  defendant
   18  refrain  from  engaging  in  criminal  behaviors; (iii) if the defendant
   19  needs treatment for opioid abuse or  dependence,  that  he  or  she  may
   20  participate  in  and  receive medically prescribed drug treatments under
   21  the care of a health care professional licensed or certified under title
   22  eight of the education law, acting within his or  her  lawful  scope  of
   23  practice.
   24    S  2.  This  act  shall take effect immediately and shall apply to all
   25  agreements entered into on and after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13083-01-5