NY State Senate Bill 2015-S6874A

Senate Bill S6874A

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

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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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2016	signed chap.67
Jun 21, 2016	delivered to governor
May 24, 2016	returned to senate passed assembly ordered to third reading cal.693 substituted for a9313c
May 17, 2016	referred to codes delivered to assembly passed senate
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal. amended 6874a
May 04, 2016	1st report cal.638
Mar 02, 2016	referred to alcoholism and drug abuse

Votes

- May 17, 2016 - Floor Vote
  S6874A
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2016
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Hamilton
      
      excused (5)
      
      Breslin
      
      Diaz
      
      Marchione
      
      Nozzolio
      
      Seward
  May 4, 2016 - Committee Vote
  S6874A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 4, 2016
      
      aye (7)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Croci
      
      Hassell-Thompson
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S6874 - Details

See Assembly Version of this Bill:: A9313
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

2015-S6874 - 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-S6874 - Sponsor Memo

                                 BILL NUMBER:  S6874

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to participation in treatment for opioid abuse or dependence
under the judicial diversion program

 PURPOSE :

This bill prohibits conditioning the participation of a defendant in a
judicial diversion program upon the specified type or brand of
medically prescribed treatment.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 5 of section 216.05 of the criminal
procedure law, relating to the release conditions of a defendant
participating in a judicial diversion program, to establish a new
paragraph (b) to state that no court shall be authorized to establish
any release condition, for any defendant needing treatment for opioid
abuse or dependence, which requires use of a specified type or brand
of drug during the course of medically prescribed drug treatments
under the care of a health care professional.

Section two amends paragraph (a) of subdivision 9 of section 216.05 of
the criminal procedure law, to include that no defendant will be
deemed to have violated any release condition which the court did not

have the authority to impose or establish pursuant to subdivision five
of this section.

Section three establishes the effective date.

 JUSTIFICATION :

On February 5, 2015, the Office of National Drug Control Policy,
released a statement announcing that drug courts which receive federal
funding may no longer prohibit the use of medically assisted
treatment. In response, the legislature passed, and Governor Cuomo
signed into law chapter 258, which established statewide uniformity in
drug treatment courts by allowing defendants to obtain medically
prescribed treatment for opioid abuse or dependence while
participating in a judicial diversion program. Unfortunately, the
sponsor's of this legislation have subsequently been contacted by
various addiction recovery organizations advocating for clarification
to the law. It has been discovered that some judges are conditioning
participation in the diversion program on the use of a specific brand
of medication, limiting the accessibility of the program and a
successful recovery. While the legislature has the utmost respect for
judicial discretion, the decision of what type or brand of medication
to prescribe an individual should be solely between the
defendant/patient and his or her health care professional.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to every
defendant applying for participation in or participating in a judicial
diversion program, pursuant to article 216 of the criminal procedure
law, on or after such date.

2015-S6874 - Bill Text download pdf

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

                                  6874

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

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.
  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.

                                                           LBD13809-03-6

S. 6874                             2

  (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
peace officer directing him or her to take the  defendant  into  custody
and  bring  the  defendant  before  the court without unnecessary delay;
provided, however, that under no circumstances  shall  a  defendant  who
requires  treatment  for  opioid  abuse  or dependence be deemed to have
violated a release condition on the basis of his or her participation in
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,  NOR  SHALL  ANY
DEFENDANT  BE  DEEMED  TO  HAVE VIOLATED ANY RELEASE CONDITION WHICH THE
COURT DID NOT HAVE THE AUTHORITY TO  IMPOSE  OR  ESTABLISH  PURSUANT  TO
SUBDIVISION  FIVE OF THIS SECTION.  The provisions of subdivision one of
section 530.60 of this chapter relating to revocation of recognizance or
bail shall apply to such proceedings under this subdivision.
  S 3. This act shall take effect immediately and shall apply  to  every
defendant  applying  for participation in or participating in a judicial
diversion program, pursuant to article 216  of  the  criminal  procedure
law, on or after such date.

co-Sponsors

View additional co-sponsors

2015-S6874A (ACTIVE) - Details

See Assembly Version of this Bill:: A9313
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

2015-S6874A (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-S6874A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6874A

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to
participation in treatment for opioid abuse or dependence under the
judicial diversion program

 PURPOSE :

This bill prohibits conditioning the participation of a defendant in a
judicial diversion program upon the specified type or brand of
medically prescribed treatment.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 5 of section 216.05 of the criminal
procedure law, relating to the release conditions of a defendant
participating in a judicial diversion program, to establish that no
court shall require the use of any specified type or brand of drug
during the course of medically prescribed drug treatment.

Section two establishes the effective date.

 JUSTIFICATION :

On February 5, 2015, the Office of National Drug Control Policy,
released a statement announcing that drug courts which receive federal
funding may no longer prohibit the use of medically assisted
treatment. In response, the legislature passed, and Governor Cuomo
signed into law chapter 258, which established statewide uniformity in
drug treatment courts by allowing defendants to obtain medically
prescribed treatment for opioid abuse or dependence while
participating in a judicial diversion program. Unfortunately, the
sponsors of this legislation have subsequently been contacted by
various addiction recovery organizations advocating for clarification
to the law. It has been discovered that some judges are conditioning
participation in the diversion program on the use of a specific brand
of medication, limiting the accessibility of the program and a
successful recovery. While the legislature has the utmost respect for
judicial discretion, the decision of what type or brand of medication
to prescribe an individual should be solely between the
defendant/patient and his or her health care professional.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to every
defendant applying for participation in or participating in a judicial
diversion program, pursuant to article 216 of the criminal procedure
law, on or after such date.

2015-S6874A (ACTIVE) - Bill Text download pdf

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

                                 6874--A
    Cal. No. 638

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sens. MURPHY, LATIMER -- 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
  report,  amended  on  first  report,  ordered  to  a second report and
  ordered reprinted, retaining its place in the order of second report

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.
  S  2.  This act shall take effect immediately and shall apply to every
defendant applying for participation in or participating in  a  judicial
diversion  program,  pursuant  to  article 216 of the criminal procedure
law, on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13809-07-6

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Senate Bill S6874A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2015-S6874 - Details

2015-S6874 - Summary

2015-S6874 - Sponsor Memo

2015-S6874 - Bill Text download pdf

co-Sponsors

2015-S6874A (ACTIVE) - Details

2015-S6874A (ACTIVE) - Summary

2015-S6874A (ACTIVE) - Sponsor Memo

2015-S6874A (ACTIVE) - Bill Text download pdf

Comments