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