Assembly Bill A9313C

Signed By Governor
2015-2016 Legislative Session

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6874 - 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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Bill Amendments

2015-A9313 - Details

See Senate Version of this Bill:
S6874
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A9313 - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

2015-A9313 - Bill Text download pdf 

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

                                  9313

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

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 participation
  in treatment for opioid abuse or dependence under the judicial  diver-
  sion program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 216.05 of the  criminal  procedure
law,  as  amended by chapter 258 of the laws of 2015, is 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.    PROVIDED,
HOWEVER,  NO  COURT  SHALL BE AUTHORIZED TO ESTABLISH ANY RELEASE CONDI-
TION, FOR ANY DEFENDANT NEEDING TREATMENT FOR OPIOID  ABUSE  OR  DEPEND-
ENCE,  WHICH  REQUIRES USE OF ANY SPECIFIED TYPE OR BRAND OF DRUG DURING
THE COURSE OF MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE  OF  A
HEALTH CARE PROFESSIONAL.
  S  2. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:

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

2015-A9313A - Details

See Senate Version of this Bill:
S6874
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A9313A - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

2015-A9313A - Bill Text download pdf 

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

                                 9313--A

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

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 participation
  in  treatment for opioid abuse or dependence under the judicial diver-
  sion program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 258 of the laws of 2015, is amended  to  read
as follows:
  5.  (A) The defendant shall agree on the record or in writing to abide
by the release conditions  set  by  the  court,  which,  shall  include:
participation in a specified period of alcohol or substance abuse treat-
ment  at  a specified program or programs identified by the court, which
may include periods of detoxification, residential or outpatient  treat-
ment,  or both, as determined after taking into account the views of the
health care professional who conducted the alcohol and  substance  abuse
evaluation  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 peri-
odic 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  educa-
tion law, acting within his or her lawful scope of practice.
  (B)  PROVIDED,  HOWEVER, NO COURT SHALL BE AUTHORIZED TO ESTABLISH ANY
RELEASE CONDITION, FOR ANY DEFENDANT NEEDING TREATMENT FOR OPIOID  ABUSE
OR DEPENDENCE, WHICH REQUIRES USE OF ANY SPECIFIED TYPE OR BRAND OF DRUG
DURING THE COURSE OF MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE
OF A HEALTH CARE PROFESSIONAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13809-04-6

2015-A9313B - Details

See Senate Version of this Bill:
S6874
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A9313B - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

2015-A9313B - Bill Text download pdf 

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

                                 9313--B

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

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 -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to participation
  in  treatment for opioid abuse or dependence under the judicial diver-
  sion program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 258 of the laws of 2015, is amended  to  read
as follows:
  5.  (A) The defendant shall agree on the record or in writing to abide
by the release conditions  set  by  the  court,  which,  shall  include:
participation in a specified period of alcohol or substance abuse treat-
ment  at  a specified program or programs identified by the court, which
may include periods of detoxification, residential or outpatient  treat-
ment,  or both, as determined after taking into account the views of the
health care professional who conducted the alcohol and  substance  abuse
evaluation  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 peri-
odic 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  educa-
tion law, acting within his or her lawful scope of practice.
  (B)  NO  COURT  SHALL  BE AUTHORIZED, PURSUANT TO THIS SUBDIVISION, TO
ESTABLISH ANY RELEASE CONDITION, FOR ANY DEFENDANT NEEDING TREATMENT FOR
OPIOID ABUSE OR DEPENDENCE, WHICH REQUIRES USE OF ANY SPECIFIED TYPE  OR
BRAND  OF DRUG DURING THE COURSE OF MEDICALLY PRESCRIBED DRUG TREATMENTS
UNDER THE CARE OF A HEALTH CARE PROFESSIONAL.

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

co-Sponsors

2015-A9313C (ACTIVE) - Details

See Senate Version of this Bill:
S6874
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2015-A9313C (ACTIVE) - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

2015-A9313C (ACTIVE) - Bill Text download pdf 

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

                                 9313--C

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

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 -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the criminal procedure law, in relation to participation
  in  treatment for opioid abuse or dependence under the judicial diver-
  sion program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 258 of the laws of 2015, is 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, PROVIDED THAT NO
COURT  SHALL  REQUIRE  THE  USE  OF  ANY SPECIFIED TYPE OR BRAND OF DRUG
DURING THE COURSE OF MEDICALLY PRESCRIBED DRUG TREATMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13809-06-6

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