Assembly Bill A6255B

Signed By Governor
2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

2015-A6255 - Details

See Senate Version of this Bill:
S4239
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A6255 - Summary

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.

2015-A6255 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6255

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

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:

  Section 1. Subdivision 5 and paragraph (a) of subdivision 9 of section
216.05  of the criminal procedure law, as added by section 4 of part AAA
of chapter 56 of the laws of 2009, are amended to read as follows:
  5. The defendant shall agree on the record or in writing to  abide  by
the  release  conditions set by the court, which, shall include: partic-
ipation in a specified period of alcohol or substance abuse treatment at
a specified program or programs  identified  by  the  court,  which  may
include  periods of detoxification, residential or outpatient treatment,
or both, as determined after taking into account the views of the health
care professional who conducted the alcohol and substance  abuse  evalu-
ation  and  any health care professionals responsible for providing such
treatment or monitoring the defendant's progress in such treatment;  and
may  include: (i) periodic court appearances, which may include periodic
urinalysis; (ii) a requirement that the defendant refrain from  engaging
in criminal behaviors; (III) IF THE DEFENDANT NEEDS TREATMENT FOR OPIOID
ABUSE  OR  DEPENDENCE,  A  REQUIREMENT THAT HE OR SHE PARTICIPATE IN AND
RECEIVE MEDICALLY PRESCRIBED  DRUG  TREATMENTS  UNDER  THE  CARE  OF  AN
AUTHORIZED AND QUALIFIED PHYSICIAN.
  (a)  If  at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed  to  appear
before  the  court as requested, the court shall direct the defendant to
appear or issue a bench warrant to a police officer  or  an  appropriate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09425-01-5

multi-Sponsors

2015-A6255A - Details

See Senate Version of this Bill:
S4239
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A6255A - Summary

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.

2015-A6255A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6255--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  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:

  Section 1. Subdivision 5 and paragraph (a) of subdivision 9 of section
216.05 of the criminal procedure law, as added by section 4 of part  AAA
of chapter 56 of the laws of 2009, are amended to read as follows:
  5.  The  defendant shall agree on the record or in writing to abide by
the release conditions set by the court, which, shall  include:  partic-
ipation in a specified period of alcohol or substance abuse treatment at
a  specified  program  or  programs  identified  by the court, which may
include periods of detoxification, residential or outpatient  treatment,
or both, as determined after taking into account the views of the health
care  professional  who conducted the alcohol and substance abuse evalu-
ation and any health care professionals responsible for  providing  such
treatment  or monitoring the defendant's progress in such treatment; and
may include: (i) periodic court appearances, which may include  periodic
urinalysis;  (ii) a requirement that the defendant refrain from engaging
in criminal behaviors; (III) IF THE DEFENDANT NEEDS TREATMENT FOR OPIOID
ABUSE OR DEPENDENCE, THAT HE OR  SHE  MAY  PARTICIPATE  IN  AND  RECEIVE
MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE OF AN AUTHORIZED AND
QUALIFIED PHYSICIAN.
  (a)  If  at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed  to  appear
before  the  court as requested, the court shall direct the defendant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09425-03-5

co-Sponsors

multi-Sponsors

2015-A6255B (ACTIVE) - Details

See Senate Version of this Bill:
S4239
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A6255B (ACTIVE) - Summary

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.

2015-A6255B (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivision 5 and paragraph (a) of subdivision 9 of section
216.05  of the criminal procedure law, as added by section 4 of part AAA
of chapter 56 of the laws of 2009, are amended to read as follows:
  5. The defendant shall agree on the record or in writing to  abide  by
the  release  conditions set by the court, which, shall include: partic-
ipation in a specified period of alcohol or substance abuse treatment at
a specified program or programs  identified  by  the  court,  which  may
include  periods of detoxification, residential or outpatient treatment,
or both, as determined after taking into account the views of the health
care professional who conducted the alcohol and substance  abuse  evalu-
ation  and  any health care professionals responsible for providing such
treatment or monitoring the defendant's progress in such treatment;  and
may  include: (i) periodic court appearances, which may include periodic
urinalysis; (ii) a requirement that the defendant refrain from  engaging
in criminal behaviors; (III) IF THE DEFENDANT NEEDS TREATMENT FOR OPIOID
ABUSE  OR  DEPENDENCE,  THAT  HE  OR  SHE MAY PARTICIPATE IN AND RECEIVE
MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE  OF  A  HEALTH  CARE
PROFESSIONAL  LICENSED  OR  CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION
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

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