NY State Senate Bill 2015-S6322A

Senate Bill S6322A

Signed By Governor

2015-2016 Legislative Session

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

download bill text pdf

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
Sep 09, 2016	signed chap.315
Aug 30, 2016	delivered to governor
Jun 02, 2016	returned to senate passed assembly ordered to third reading cal.807 substituted for a9104a
May 23, 2016	referred to codes delivered to assembly passed senate
May 16, 2016	amended on third reading (t) 6322a
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.637
Jan 06, 2016	referred to alcoholism and drug abuse

Votes

- May 23, 2016 - Floor Vote
  S6322A
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (4)
      
      Diaz
      
      Nozzolio
      
      Panepinto
      
      Seward
  May 4, 2016 - Committee Vote
  S6322A
  
  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

View additional co-sponsors

2015-S6322 - Details

See Assembly Version of this Bill:: A9104
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

2015-S6322 - Summary

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

2015-S6322 - Sponsor Memo

                                 BILL NUMBER:  S6322

 TITLE OF BILL :  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 or
other judicially sanctioned programs

 PURPOSE OR GENERAL IDEA OF BILL : To permit persons otherwise
eligible to participate in alcohol or substance abuse treatment
diversion programs to utilize programs in the district in which they
reside

 SUMMARY OF SPECIFIC PROVISIONS : Section One - amends first
subdivision 1 of section 216 of the Criminal Procedure Law (which will
expire July 5, 2021) to provide that a defendant shall not be deemed
ineligible for the judicial program under CPL Article 216 because of
his or her residency in another jurisdiction in the state.

Section Two - amends second subdivision 1 of section 216 of the
Criminal Procedure Law (which will become effective July 5, 2021) to
provide that a defendant shall not be deemed ineligible for the
judicial program under CPL Article 216 because of his or her residency
in another jurisdiction in the state.

Section Three - amends subdivision 5 and 6 of CPL section 216.05 to
permit the court to specify and approve a diversion program in another

jurisdiction within the state if that program is available.

Section Four - adds a new Article 217 to the Criminal Procedure Law to
permit a defendant who has been granted participation in a judicial
diversion program who lives in another jurisdiction where a diversion
program is available, when approved by the court, to attend the
program in the jurisdiction of his or her residence. Even though the
defendant might participate within his or her home jurisdiction, the
original court would retain jurisdiction of the case. The section
provides further conditions that may be placed by the court as part of
this program.

Section Five - Effective date.

 JUSTIFICATION : Unfortunately, it is not uncommon for defendants to
be charged with substance abuse related charges in jurisdictions away
from their homes, whether as a result of general travel, attendance at
an out-of-town school or perhaps attendance at a sports event or
concert. Such defendants may be otherwise eligible for a judicial
diversion program, but the jurisdiction where the court is located
offering such a program may not accept nonresidents and even if it
would, the time required to travel to the program makes participation
impossible. Yet, these court diversion programs have proven to be an
effective treatment option that reduces the likelihood of future
criminal activity. This bill will allow courts, at their discretion,
to permit an eligible defendant to participate in a diversion program
near his or her home, expanding the number of defendants who can
participate in such programs, and increasing positive outcomes for
these defendants and their families.

 PRIOR LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect immediately, provided
that the amendments to the opening paragraph of subdivision 1 of
section 216 of the CPL made by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant
to section 4 of part AAA of Chapter 56 of the laws of 2009, as
amended, when upon such date the provisions of section two of this act
shall take effect.

2015-S6322 - Bill Text download pdf

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

                                  6322

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced by Sens. RANZENHOFER, FUNKE, HANNON, 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  authorizing
  alcohol  and  substance  abuse  treatment  in another jurisdiction for
  defendants in judicial diversion programs or  other  judicially  sanc-
  tioned programs

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

  Section 1. The opening paragraph of subdivision 1 of section 216.00 of
the criminal procedure law, as amended by chapter  90  of  the  laws  of
2014, is amended to read as follows:
  "Eligible defendant" means any person who stands charged in an indict-
ment  or  a  superior court information with a class B, C, D or E felony
offense defined in article one hundred seventy-nine, two hundred  twenty
or  two  hundred  twenty-one  of  the  penal  law or any other specified
offense as defined in subdivision four of section 410.91 of  this  chap-
ter[,  provided].  A  DEFENDANT SHALL NOT BE FOUND INELIGIBLE BECAUSE OF
HIS OR HER RESIDENCY IN ANOTHER JURISDICTION WITHIN THE STATE. PROVIDED,
however, a defendant is not an "eligible defendant" if he or she:
  S 2. The opening paragraph of subdivision 1 of section 216.00  of  the
criminal  procedure law, as added by section 4 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
  "Eligible defendant" means any person who stands charged in an indict-
ment or a superior court information with a class B, C, D  or  E  felony
offense  defined in article two hundred twenty or two hundred twenty-one
of the penal law or any other specified offense as defined  in  subdivi-
sion  four  of  section  410.91 of this chapter[, provided]. A DEFENDANT
SHALL NOT BE FOUND INELIGIBLE BECAUSE OF HIS OR HER RESIDENCY IN ANOTHER
JURISDICTION WITHIN THE STATE. PROVIDED, however, a defendant is not  an
"eligible defendant" if he or she:
  S  3. Subdivisions 5 and 8 of section 216.05 of the criminal procedure
law, subdivision 5 as amended by chapter 258 of the  laws  of  2015  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13149-02-5

S. 6322                             2

subdivision 8 as amended by chapter 347 of the laws of 2012, 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, SUCH PROGRAM OR
PROGRAMS  MAY BE LOCATED IN ANOTHER JURISDICTION WITHIN THE STATE IF THE
DEFENDANT RESIDES IN SUCH  OTHER  JURISDICTION  AND  SUCH  PROGRAMS  ARE
AVAILABLE  AND APPROVED BY THE COURT AND THE JUDICIAL DIVERSION PROGRAM,
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 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  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.
  8. During the period of a defendant's participation  in  the  judicial
diversion program, the court shall retain jurisdiction of the defendant,
provided, however, that the court may (I) allow such defendant to reside
in  another  jurisdiction  while  participating  in a judicial diversion
program WITHIN THE JURISDICTION WHERE THE  DEFENDANT  IS  CHARGED  UNDER
CONDITIONS  SET BY THE COURT AND AGREED TO  BY THE DEFENDANT PURSUANT TO
SUBDIVISIONS FIVE AND SIX OF THIS SECTION OR (II) ALLOW  SUCH  DEFENDANT
TO  RESIDE IN ANOTHER JURISDICTION WITHIN THE STATE AND COMPLETE ALCOHOL
OR SUBSTANCE ABUSE TREATMENT WITHIN SUCH OTHER JURISDICTION AS  PART  OF
THE  JUDICIAL  DIVERSION  PROGRAM  under conditions set by the court and
agreed to by the defendant pursuant to subdivisions five and six of this
section. The court may require the defendant to appear in court  at  any
time  to enable the court to monitor the defendant's progress in alcohol
or substance abuse treatment. The court shall provide notice, reasonable
under the circumstances, to the  people,  the  treatment  provider,  the
defendant  and  the  defendant's counsel whenever it orders or otherwise
requires the appearance of the defendant in court. Failure to appear  as
required  without reasonable cause therefor shall constitute a violation
of the conditions of the court's agreement with the defendant.
  S 4. The criminal procedure law is amended by adding a new article 217
to read as follows:
                               ARTICLE 217
      ALCOHOL OR SUBSTANCE ABUSE TREATMENT IN ANOTHER JURISDICTION
SECTION 217.00 ALCOHOL OR SUBSTANCE ABUSE TREATMENT IN ANOTHER JURISDIC-
                 TION.
S 217.00 ALCOHOL OR SUBSTANCE ABUSE TREATMENT IN ANOTHER JURISDICTION.
  1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
WHERE A DEFENDANT HAS BEEN GRANTED PARTICIPATION IN A JUDICIAL DIVERSION
PROGRAM  UNDER  ARTICLE  TWO HUNDRED SIXTEEN OF THIS CHAPTER, OR ANOTHER
JUDICIALLY SANCTIONED PROGRAM THAT REQUIRES ALCOHOL OR  SUBSTANCE  ABUSE
TREATMENT,  AND THE DEFENDANT RESIDES IN ANOTHER JURISDICTION WITHIN THE
STATE WHERE ALCOHOL OR SUBSTANCE ABUSE TREATMENT IS AVAILABLE  AND  SUCH
TREATMENT IS APPROVED BY THE COURT AND THE JUDICIAL DIVERSION PROGRAM OR
OTHER  JUDICIALLY  SANCTIONED PROGRAM, THE COURT, WHILE RETAINING JURIS-

S. 6322                             3

DICTION OF THE DEFENDANT, MAY ALLOW SUCH DEFENDANT TO RECEIVE ALCOHOL OR
SUBSTANCE ABUSE  TREATMENT  IN  THE  JURISDICTION  WHERE  THE  DEFENDANT
RESIDES  AS  PART  OF THE JUDICIAL DIVERSION PROGRAM OR JUDICIALLY SANC-
TIONED  PROGRAM  UNDER  CONDITIONS SET BY THE COURT AND AGREED TO BY THE
DEFENDANT. A DEFENDANT'S RESIDENCY IN  ANOTHER  JURISDICTION  SHALL  NOT
PREVENT  HIS  OR  HER  PARTICIPATION  IN A JUDICIAL DIVERSION PROGRAM OR
OTHER JUDICIALLY  SANCTIONED  PROGRAM  IN  THE  JURISDICTION  WHERE  THE
DEFENDANT IS CHARGED.
  2.  AS  A  CONDITION  OF THE DEFENDANT'S PARTICIPATION IN THE JUDICIAL
DIVERSION PROGRAM OR OTHER JUDICIALLY SANCTIONED PROGRAM, THE COURT  MAY
REQUIRE THE DEFENDANT TO APPEAR IN COURT AT ANY TIME TO ENABLE THE COURT
TO MONITOR THE DEFENDANT'S PROGRESS IN ALCOHOL OR SUBSTANCE ABUSE TREAT-
MENT.  THE  COURT  SHALL  PROVIDE  NOTICE,  REASONABLE UNDER THE CIRCUM-
STANCES, TO THE PEOPLE, THE TREATMENT PROVIDER, THE  DEFENDANT  AND  THE
DEFENDANT'S COUNSEL WHENEVER IT ORDERS OR OTHERWISE REQUIRES THE APPEAR-
ANCE  OF  THE  DEFENDANT IN COURT. FAILURE TO APPEAR AS REQUIRED WITHOUT
REASONABLE CAUSE THEREFOR SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS
OF THE COURT'S AGREEMENT WITH THE DEFENDANT.
  S 5. This act shall take effect immediately, provided that the  amend-
ments to the opening paragraph of subdivision 1 of section 216.00 of the
criminal  procedure law made by section one of this act shall be subject
to the expiration and reversion of such subdivision pursuant to  section
4  of  part AAA of chapter 56 of the laws of 2009, as amended, when upon
such date the provisions of section two of this act shall take effect.

co-Sponsors

View additional co-sponsors

2015-S6322A (ACTIVE) - Details

See Assembly Version of this Bill:: A9104
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

2015-S6322A (ACTIVE) - Summary

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

2015-S6322A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6322A

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To permit persons otherwise eligible to participate in alcohol or
substance abuse treatment diversion programs to utilize programs in
the district in which they reside.

 SUMMARY OF SPECIFIC PROVISIONS :

Section One - amends first subdivision 1 of section 216 of the
Criminal Procedure Law (which will expire July 5, 2021) to provide
that a defendant can participate in an alcohol and substance abuse
treatment program in a jurisdiction where the defendant resides or in
any other jurisdiction.

Section Two - Effective date.

 JUSTIFICATION :

Unfortunately, it is not uncommon for defendants to be charged with
substance abuse related charges in jurisdictions away from their

homes, whether as a result of general travel, attendance at an
out-of-town school or perhaps attendance at a sports event or concert.
Such defendants may be otherwise eligible for a judicial diversion
program, but the jurisdiction where the court is located offering such
a program may not accept nonresidents and even if it would, the time
required to travel to the program makes participation impossible. Yet,
these court diversion programs have proven to be an effective
treatment option that reduces the likelihood of future criminal
activity. This bill will allow courts, at their discretion, to permit
an eligible defendant to participate in a diversion program near his
or her home, expanding the number of defendants who can participate in
such programs, and increasing positive outcomes for these defendants
and their families.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the amendments
to the opening paragraph of subdivision 1 of section 216 of the CPL
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 4 of part AAA of
Chapter 56 of the Laws of 2009, as amended, when upon such date the
provisions of section two of this act shall take effect.

2015-S6322A (ACTIVE) - Bill Text download pdf

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

                                 6322--A
    Cal. No. 637

                            I N  S E N A T E

                               (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:

  Section 1.  Subdivision 8 of section 216.05 of the criminal  procedure
law,  as  amended by chapter 347 of the laws of 2012, is amended to read
as follows:
  8. During the period of a defendant's participation  in  the  judicial
diversion program, the court shall retain jurisdiction of the defendant,
provided, however, that the court may allow such defendant to (I) reside
in  another  jurisdiction,  OR (II) PARTICIPATE IN ALCOHOL AND SUBSTANCE
ABUSE TREATMENT AND OTHER PROGRAMS IN THE JURISDICTION WHERE THE DEFEND-
ANT RESIDES OR IN ANY OTHER JURISDICTION, while participating in a judi-
cial diversion program under conditions set by the court and  agreed  to
by  the defendant pursuant to subdivisions five and six of this section.
The court may require the defendant to appear in court at  any  time  to
enable  the  court  to  monitor  the  defendant's progress in alcohol or
substance abuse treatment. The court shall  provide  notice,  reasonable
under  the  circumstances,  to  the  people, the treatment provider, the
defendant and the defendant's counsel whenever it  orders  or  otherwise
requires  the appearance of the defendant in court. Failure to appear as
required without reasonable cause therefor shall constitute a  violation
of the conditions of the court's agreement with the defendant.
  S 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

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Senate Bill S6322A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2015-S6322 - Details

2015-S6322 - Summary

2015-S6322 - Sponsor Memo

2015-S6322 - Bill Text download pdf

co-Sponsors

2015-S6322A (ACTIVE) - Details

2015-S6322A (ACTIVE) - Summary

2015-S6322A (ACTIVE) - Sponsor Memo

2015-S6322A (ACTIVE) - Bill Text download pdf

Comments