Senate Bill S1568

2017-2018 Legislative Session

Provides for electronic monitoring of defendants in judicial diversion programs

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2017-S1568 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L
Versions Introduced in 2015-2016 Legislative Session:
S7036

2017-S1568 (ACTIVE) - Summary

Provides for electronic monitoring of defendants in judicial diversion programs.

2017-S1568 (ACTIVE) - Sponsor Memo

2017-S1568 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1568
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens.  AVELLA, AKSHAR -- 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 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:
 
   Section 1. Subdivision 5 of section 216.05 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2016, 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) UPON THE DISCRETION OF THE COURT, MAY BE ACCOMPANIED BY
 THE  REQUIREMENT  THAT  THE  DEFENDANT  SUBMIT TO THE USE OF A CONTINUAL
 ELECTRONIC MONITORING DEVICE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION FOUR OF SECTION 65.10 OF THE PENAL LAW; [(ii)] (III)  a  require-
 ment  that  the  defendant  refrain from engaging in criminal behaviors;
 [(iii)] (IV) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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