BILL NUMBER: S8760

SPONSOR: AMEDORE
 
TITLE OF BILL:

An act to amend the civil practice law and rules and the state finance
law, in relation to the disposal of property upon a judgment or order of
forfeiture

 
PURPOSE:

This bill amends the civil practice law and rules and the state finance
law to provide law enforcement the flexibility to expend funds received
through forfeiture on activities related to law enforcement assisted
diversion (LEAD).

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subparagraph (i) of paragraph (h) of
subdivision 2 of section 1349 of the civil practice law and rules to
authorize law enforcement to utilize certain forfeited funds for law
              

enforcement assisted diversion (LEAD) activities in addition to their
existing authority to utilize such funds for the investigation of penal
law offenses.

Section two of the bill amends subdivision 3 of section 97-w of the
state finance law, known as the "chemical dependence service fund," to
provide the commissioner of the Office of Alcoholism and Substance Abuse
Services (OASAS) the ability to make funding available to LEAD programs
in the state to assist individuals with substance use disorders.

Section three of the bill is the effective date.

 
JUSTIFICATION:

Law enforcement assisted diversion, or "LEAD," was first launched in
Seattle, Washington in 2011 as a new harm-reduction, prevention and jail
diversion approach in combatting drug addiction and low-level drug
possession and sales crimes. Instead of police officers immediately
arresting and taking into custody alleged offenders, LEAD authorizes
officers to divert people into substance use treatment, health or mental
health services, housing assistance, or other services as may be needed.

Law enforcement collaborates with prosecutors, defense attorneys, drug
and substance abuse counselors, political leaders, housing providers,
and other community leaders to end the seemingly endless cycle of
arrest, prosecution, and incarceration. A 2017 study demonstrated that
participants in Seattle's LEAD program were 58% less likely to recidi-
vate compared to those not in the program. Further, this study showed
that Seattle LEAD participants were also less likely to be charged with
a felony crime compared to individuals in the typical criminal justice
system.

Upon seeing the successes of Seattle, New York's capital city of Albany
sought to replicate LEAD and moved to officially adopt it as city policy
in 2016. Various community stakeholders assigned a memorandum of under-
standing ensuring there would be collaboration and understanding between
the police department, the district attorney, and other community advo-
cates and stakeholders. Albany's LEAD program is similar to Seattle's:
divert individuals who would be better served receiving help through
services rather than being in the cycle of the criminal justice system.

Although only in operation for a few years, the Albany LEAD program sees
3 to 4 diversions per week, with an average of 112 diversions per year.
A case manager is assigned to each diverted individual that helps guide
them through the services they may need in order to stay out of trouble.
In order to be eligible for Albany's LEAD program, alleged offenders
must be at least 18 years old and accused of non-violent, non-exploita-
tive offenses with no previous murder in the first or second degree,
arson in the first or second degree, robbery in the first degree, or
assault in the first degree convictions.  Besides Albany, other New York
municipalities will be launching, developing, or exploring the possibil-
ity of LEAD, including Ithaca, Brooklyn, Buffalo, Schenectady, Rensse-
laer, and Essex and Orange counties.

Albany's LEAD program and other LEAD programs seeking to start up in New
York have struggled to secure stable ongoing funding. Although grants
have been made available for programs, a steady and reliable funding
stream is needed to ensure that LEAD can continue to operate.  Under the
current restrictions in the Civil Practice Law and Rules, the forfeited
funds provided to law enforcement can be utilized only for the investi-
gation of Penal Law offenses, which may include the purchase of addi-
tional equipment, but not for programs like LEAD.  This bill would give
law enforcement the flexibility to also utilize some of this funding for
LEAD so that they can effectively assist citizens in their community
with overcoming addiction, homelessness, or other struggles that have
placed them in conflict with the law.

Additionally, this bill would make funds available from the state Chemi-
cal Dependence Service Fund to the OASAS commissioner so that they can
provide funding to LEAD programs to specifically help individuals strug-
gling with substance use disorders.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None. This legislation would authorize the use of funds by law enforce-
ments seized through forfeiture.

 
EFFECTIVE DATE:
Immediately.