Bill Text: NY S06322 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Passed) 2016-09-09 - SIGNED CHAP.315 [S06322 Detail]

Download: New_York-2015-S06322-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6322--A
            Cal. No. 637
                    IN SENATE
                                       (Prefiled)
                                     January 6, 2016
                                       ___________
        Introduced  by Sens. RANZENHOFER, BOYLE, CROCI, FUNKE, GALLIVAN, HANNON,
          LITTLE, MARCHIONE, MURPHY, ORTT -- read twice and ordered printed, and
          when printed to be committed to the Committee on Alcoholism  and  Drug
          Abuse  -- reported favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
        AN  ACT  to amend the criminal procedure law, in relation to authorizing
          alcohol and substance abuse  treatment  in  another  jurisdiction  for
          defendants 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 8 of section 216.05 of the criminal  procedure
     2  law,  as  amended by chapter 347 of the laws of 2012, is amended to read
     3  as follows:
     4    8. During the period of a defendant's participation  in  the  judicial
     5  diversion program, the court shall retain jurisdiction of the defendant,
     6  provided, however, that the court may allow such defendant to (i) reside
     7  in  another  jurisdiction,  or (ii) participate in alcohol and substance
     8  abuse treatment and other programs in the jurisdiction where the defend-
     9  ant resides or in any other jurisdiction, while participating in a judi-
    10  cial diversion program under conditions set by the court and  agreed  to
    11  by  the defendant pursuant to subdivisions five and six of this section.
    12  The court may require the defendant to appear in court at  any  time  to
    13  enable  the  court  to  monitor  the  defendant's progress in alcohol or
    14  substance abuse treatment. The court shall  provide  notice,  reasonable
    15  under  the  circumstances,  to  the  people, the treatment provider, the
    16  defendant and the defendant's counsel whenever it  orders  or  otherwise
    17  requires  the appearance of the defendant in court. Failure to appear as
    18  required without reasonable cause therefor shall constitute a  violation
    19  of the conditions of the court's agreement with the defendant.
    20    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13149-03-6