Bill Text: NY S07036 | 2015-2016 | General Assembly | Amended

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

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-06 - referred to correction [S07036 Detail]

Download: New_York-2015-S07036-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7036--A
                    IN SENATE
                                     March 17, 2016
                                       ___________
        Introduced  by  Sens.  AVELLA, AKSHAR -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Alcoholism  and
          Drug Abuse -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        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; (ii) upon the discretion of the court, may be accompanied by
    15  the requirement that the defendant submit to  the  use  of  a  continual
    16  electronic monitoring device in accordance with the provisions of subdi-
    17  vision  four  of section 65.10 of the penal law; [(ii)] (iii) a require-
    18  ment that the defendant refrain from  engaging  in  criminal  behaviors;
    19  [(iii)]  (iv)  if  the  defendant  needs  treatment  for opioid abuse or
    20  dependence, that he or she may  participate  in  and  receive  medically
    21  prescribed  drug treatments under the care of a health care professional
    22  licensed or certified under title eight of  the  education  law,  acting
    23  within his or her lawful scope of practice.
    24    §  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.
                                                                   LBD13083-02-6