NY State Senate Bill 2021-S1284

Senate Bill S1284

2021-2022 Legislative Session

Decriminalizes possession of controlled substances, establishes the drug decriminalization task force; repealer

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 08, 2021	referred to codes

co-Sponsors

2021-S1284 (ACTIVE) - Details

See Assembly Version of this Bill:: A7109
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.03, rpld §§220.46 & 220.25, Pen L; amd §§160.50 & 440.10, CP L; amd §850, Gen Bus L; add §3395, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S2340, A3434

2021-S1284 (ACTIVE) - Summary

Eliminates criminal and civil penalties for possession of controlled substances; establishes the drug decriminalization task force to develop recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior.

2021-S1284 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1284

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the penal law, the criminal procedure law and the gener-
al business law, in relation to decriminalizing possession of controlled
substances; to amend the public health law, in relation to establishing
the drug decriminalization task force; to repeal certain provisions of
the penal law related thereto; and providing for the repeal of certain
provisions upon the expiration thereof

 
PURPOSE:

To decriminalize possession of controlled substances and expunge the
arrest and conviction records for unlawfully possessing a controlled
substance.

 
SUMMARY OF PROVISIONS:

  Section 1 states certain legislative findings.

  Section  2  amends  Penal  Law sec. 220.03 by reducing the penalty for
criminal possession of a controlled substance and renaming the offense.

  Sections 3, 4 and 5 amend Criminal Procedure Law sec. 160.50 to  allow
for  the  expungement  of  convictions  for violations of Penal Law sec.
220.03.

  Section 6 amends Criminal Procedure Law Sec. 440.10 to allow  for  the
vacatur of certain previous convictions for violations of Penal Law sec.
220.03.

  Sections  7  and 8 amend Criminal Procedure Law Sec. 440.10 to clarify
that an individual does not need to demonstrate prejudice  in  order  to
have a previous conviction vacated.

  Section 9 repeals Penal Law sec. 220.46.

Section 10 repeals Penal Law sec. 220.25.

  Section  11  amends  the General Business Law by adding a new subpara-
graph (b) excluding objects used to introduce drugs into the human  body
from the definition of "Drug-related paraphernalia."

  Section 12 bars the sanctioning of individuals under parole, probation
or other state or local supervision, or released on bail awaiting trial,
for actions that are no longer criminal under the proposed legislation.

  Section  13 enacts public health law s 2780 which establishes the drug
decriminalization task force. The task force will be charged with devel-
oping recommendations for reforming New  York's  laws,  regulations  and
practices  so  that  they  align with the goal of treating substance use
disorder as a disease, rather than a criminal behavior.

  Section 14 of the bill is the effective date.

 
JUSTIFICATION:

Substance use disorder (SUD) is a health  condition  recognized  by  the
DSM-5, the gold standard catalogue of mental disorders. It is character-
ized  by  the  National  Institute of Drug Abuse as a chronic, relapsing
disorder that causes long-lasting changes in the brain. The disorder  is
characterized  by  compulsive  drug seeking and continued use despite an
array of harmful consequences, including harm  to  friends  and  family,
loss  of  employment and housing, and involvement in the criminal, legal
and child welfare systems.

Yet, for well over a century, even as the  scientific  understanding  of
substance  use  disorders as a medical condition has increased, New York
and other states have continued to treat drug use as a moral failing and
as a crime, thereby stigmatizing and incarcerating  millions  of  people
for  having  a  disease.  Such treatment stands in stark contrast to how
society and government treat individuals suffering from other  diseases,
such  as  cancer  or an anxiety disorder.   While individuals with these
other illnesses are usually seen as worthy of compassion,  support,  and
medical care, those with an SUD are disparaged, criminalized, and treat-
ed as undeserving of assistance and compassion.

The  first  US  laws penalizing individuals for using drugs date back to
1875. However, the use of these  approaches  became  significantly  more
prevalent  and punitive in the 1970s with Richard Nixon's declaration of
a "war on drugs" and New York's 1973 passage  of  the  Rockefeller  Drug
Laws, generally considered to be one of the first examples of the "tough
on  crime"  policies that resulted in the current era of mass incarcera-
tion. This punishment-centered approach became even more dominant during
the crack epidemic of the 1980s  and  90s  as  ever  harsher  laws  were
enacted.

While  historians debate the extent to which the drug sentencing laws of
this period had explicitly racist aims, their disproportionate impact on
communities of color is undeniable. While research indicates that people
of all races use and sell drugs at approximately the same  rate,  people
of  color  are  significantly more likely to be arrested, convicted, and
incarcerated for drug possession and sale than whites.  For example,  in
New York, where African-Americans make up 17.6% of the population, 26.5%
of  those  arrested  for  misdemeanor  possession  of  drugs  are Black.
Furthermore, compared with whites, Black people arrested for misdemeanor
drug possession are more likely to be convicted (72.4% v.  67.1%),  more
likely  to have that conviction be for a misdemeanor, rather than a non-
criminal violation (41.2% v.  30.8%), and more likely to be sentenced to
jail (13.4% v 10.6%).

Policies criminalizing drug use have also clearly failed to  reduce  the
use  of  drugs.  Despite decades of harsh penalties for drug possession,
over 3,000 New Yorkers and 67,000 Americans died of a drug-related over-
dose in 2018. Additionally,  the  federal  government's  2019  "National
Survey  on  Drug  Use  and  Health"  found that 36 million Americans had
misused an illicit drug in the previous month.

Instead of preventing use, these laws have devastated individuals, fami-
lies, and communities. Treating substance use as a  crime  disrupts  and
destabilizes  the  lives of individuals who use drugs. It contributes to
an increased risk of death, the  spread  of  infectious  diseases,  mass
incarceration,  the  separation  of  families, and barriers to accessing
housing, employment, and other vital services.  It does all of this at a
huge financial cost, through increased spending on  the  criminal  legal
system,  the  child  welfare system, the health care system, the shelter
system, and others, as well as through reduced productivity and  employ-
ment.

Incarcerating  someone in a New York State prison costs over $70,000 per
year. Incarcerating someone in a New York City jails costs over $330,000
per year. By contrast, one year of addiction treatment with  medications
can  cost  as  little  as  $6000, and treatment in a residential program
costs significantly less than incarceration, though numbers vary.  More-
over, taking into account the likelihood of recidivism due to failure to
treat   the   underlying   disease  during  incarceration  exponentially
increases the cost of incarceration over treatment in the long-term.

Ending the criminalization of drug use is not a new idea. Many countries
around the world do not have laws that punish  people  for  using  drugs
and,  in  2020, Oregon voters overwhelmingly supported Measure 110 which
decriminalized possession of drugs for personal use.

Policies that decriminalize drug use have resulted in an array of  posi-
tive  outcomes.  Portugal,  often  held  up  as  a model, decriminalized
personal possession of drugs in 2001. These  reforms,  together  with  a
significant expansion of harm reduction investments and treatment avail-
ability,  have resulted in significant decreases in incarceration, prob-
lematic drug use, overdose  deaths,  and  HIV  and  hepatitis  infection
rates.  The  rate  of  overdose  deaths in Portugal was 4 per million in
2017. The equivalent number for the US was 217 per million. In New York,
it was 168 per million. These  policies  also  contributed  to  a  large
increase in the number of people receiving treatment for their substance
use.

For  far  too long, New York, together with the rest of the US, has made
enforcement the central component of  its  response  to  drugs.  It  has
continued to do so long after it became obvious that these highly costly
policies had failed to achieve their stated goal - preventing the use of
illicit  drugs. By reducing the criminal and civil penalties that accrue
to individuals as a  result  of  personal  possession  of  a  controlled
substance,  the  proposed legislation will transform New York's approach
to drug use from one based on criminalization and stigma to one based on
science and compassion.   Instead of  being  discriminated  against  for
having a substance use disorder, a documented health condition, individ-
uals  would  increasingly be seen as patients in need of care, much like
individuals with any other health need. This  in  turn  will  result  in
fewer  deaths,  reductions in incarceration and the spread of bloodborne
diseases, and millions of dollars saved that are currently spent  incar-
cerating individuals solely for having a medical condition.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This  act shall take effect 180 days after becoming law, however section
13 would be repealed two years after such date.

2021-S1284 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1284
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the criminal procedure law and the gener-
   al  business  law,  in  relation  to  decriminalizing  possession   of
   controlled  substances; to amend the public health law, in relation to
   establishing the drug decriminalization task force; to repeal  certain
   provisions  of  the  penal  law related thereto; and providing for the
   repeal of certain provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The legislature hereby finds that
 substance use disorder is a disease  and  should  therefore  be  treated
 using  a  public  health,  rather  than a criminal-legal-system-centered
 approach.  Existing laws criminalizing the possession of drugs have been
 ineffective in reducing drug use and preventing substance use  disorder.
 Instead,  these laws have devastated individuals, families, and communi-
 ties.  Treating substance use as a crime by arresting and  incarcerating
 people  for personal use offenses causes significant harm to individuals
 who use drugs by disrupting and further destabilizing  their  lives.  It
 also contributes to an increased risk of death, the spread of infectious
 diseases,  mass  incarceration, the separation of families, and barriers
 to accessing housing, employment, and other vital services. Furthermore,
 even though research shows that drugs  are  used  and  sold  at  similar
 levels  across  all  races,  laws  criminalizing  the  use of drugs have
 disproportionately impacted Black and Latinx communities. The purpose of
 this legislation is to save lives  and  to  help  transform  New  York's
 approach to drug use from one based on criminalization and stigma to one
 based  on  science  and  compassion,  by  eliminating criminal and civil
 penalties for the personal possession of controlled substances.
   § 2. Section 220.03 of the penal law, as amended by section 4 of  part
 I of chapter 57 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.

                                                            LBD04043-01-1

 S. 1284                             2
 
 § 220.03 [Criminal]  UNLAWFUL  possession  of a controlled substance [in
            the seventh degree].
   A  person  is guilty of [criminal] UNLAWFUL possession of a controlled
 substance [in the seventh degree] when [he or she]  THEY  knowingly  and
 unlawfully  [possesses] POSSESS a controlled substance; provided, howev-
 er, that it shall not be a violation  of  this  section  when  a  person
 possesses  a residual amount of a controlled substance and that residual
 amount is in or on a hypodermic syringe or  hypodermic  needle  obtained
 and possessed pursuant to section thirty-three hundred eighty-one of the
 public health law, which includes the state's syringe exchange and phar-
 macy  and  medical  provider-based expanded syringe access programs; nor
 shall it be a  violation  of  this  section  when  a  person's  unlawful
 possession  of a controlled substance is discovered as a result of seek-
 ing immediate health care as defined in  paragraph  (b)  of  subdivision
 three  of  section  220.78  of  [the penal law] THIS ARTICLE, for either
 another person or [him or herself] THEMSELF because such person is expe-
 riencing a drug or alcohol overdose or other  life  threatening  medical
 emergency  as  defined  in paragraph (a) of subdivision three of section
 220.78 of [the penal law] THIS ARTICLE.
   [Criminal] UNLAWFUL possession  of  a  controlled  substance  [in  the
 seventh  degree]  is  a  [class A misdemeanor] VIOLATION PUNISHABLE BY A
 FINE OF UP TO FIFTY DOLLARS OR PARTICIPATION IN  A  NEEDS  SCREENING  TO
 IDENTIFY  HEALTH  AND  OTHER SERVICE NEEDS, INCLUDING BUT NOT LIMITED TO
 SERVICES THAT MAY ADDRESS  ANY  PROBLEMATIC  SUBSTANCE  USE  AND  MENTAL
 HEALTH  CONDITIONS,  LACK  OF EMPLOYMENT, HOUSING, OR FOOD, AND ANY NEED
 FOR CIVIL LEGAL SERVICES.  THE SCREENING SHOULD PRIORITIZE THE  INDIVID-
 UAL'S  SELF-IDENTIFIED  NEEDS FOR REFERRAL TO APPROPRIATE SERVICES. SUCH
 SCREENING SHALL BE CONDUCTED  BY  INDIVIDUALS  TRAINED  IN  THE  USE  OF
 EVIDENCE-BASED,  CULTURALLY  AND  GENDER COMPETENT TRAUMA-INFORMED PRAC-
 TICES. UPON VERIFICATION THAT THE PERSON  HAS  COMPLETED  THE  SCREENING
 WITHIN FORTY-FIVE DAYS OF WHEN THE FINE WAS IMPOSED, THE FINE IMPOSED BY
 THIS  SECTION SHALL BE WAIVED. FAILURE TO PAY SUCH FINE SHALL NOT BE THE
 BASIS FOR FURTHER PENALTIES OR FOR A TERM OF INCARCERATION.
   § 3. Subdivision 3 of section 160.50 of the criminal procedure law  is
 amended by adding a new paragraph (m) to read as follows:
   (M)  (I)  THE  CONVICTION WAS FOR A VIOLATION OF AN OFFENSE DEFINED IN
 SECTION 220.03 OF THE PENAL LAW PRIOR TO  THE  EFFECTIVE  DATE  OF  THIS
 PARAGRAPH.
   (II) THE CONVICTION IS FOR AN OFFENSE DEFINED IN SECTION 220.03 OF THE
 PENAL LAW.
   NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR
 SEALING OR EXPUNGEMENT PURSUANT TO THIS SECTION AS PART  OF  A  PLEA  OF
 GUILTY,  SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION  FOR A
 VIOLATION OF SECTION 220.03 OF THE PENAL LAW AND ANY SUCH  WAIVER  SHALL
 BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
   §  4. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
 procedure law, as amended by chapter 132 of the laws of 2019, is amended
 to read as follows:
   (a) Expungement of certain [marihuana-related] records.  A  conviction
 for  an  offense  described  in  SUBPARAGRAPH  (III) OF paragraph (k) OR
 SUBPARAGRAPH (II) OF PARAGRAPH (M) of subdivision three of this  section
 shall,  [on  and after the effective date of this paragraph,] in accord-
 ance with the provisions of this paragraph, be  vacated  and  dismissed,
 and  all  records  of such conviction or convictions and related to such
 conviction or convictions shall be expunged, as described in subdivision
 forty-five of section 1.20 of this chapter,  and  the  matter  shall  be

 S. 1284                             3
 
 considered  terminated  in  favor  of  the accused and deemed a nullity,
 having been rendered by this paragraph legally invalid. All such records
 for an offense described in this  paragraph  where  the  conviction  was
 entered  on  or  before the effective date of the chapter of the laws of
 2019 OR 2020, AS  APPLICABLE,  that  amended  this  paragraph  shall  be
 expunged  promptly  and, in any event, no later than one year after such
 effective date.
   § 5. Subparagraph (ii) of paragraph (b) of subdivision  5  of  section
 160.50  of  the  criminal  procedure law, as added by chapter 131 of the
 laws of 2019, is amended to read as follows:
   (ii) where automatic vacatur, dismissal,  and  expungement,  including
 record destruction if requested, is required by this subdivision but any
 record  of  the  court  system in this state has not yet been updated to
 reflect same (A) notwithstanding any other provision of  law  except  as
 provided  in  paragraph (d) of subdivision one of this section and para-
 graph (e) of subdivision four of section eight hundred  thirty-seven  of
 the  executive  law:  (1) when the division of criminal justice services
 conducts a search of its criminal history records,  maintained  pursuant
 to  subdivision  six of section eight hundred thirty-seven of the execu-
 tive law, and returns a report thereon, all references to  a  conviction
 for an offense described in paragraph (k) OR (M) of subdivision three of
 this  section  shall  be  excluded  from  such report; and (2) the chief
 administrator of the courts shall develop and promulgate rules as may be
 necessary to ensure that no written or electronic report of  a  criminal
 history  record  search  conducted by the office of court administration
 contains information relating to a conviction for an  offense  described
 in  paragraph  (k)  OR (M) of subdivision three of this section; and (B)
 where court records relevant to such matter cannot be  located  or  have
 been  destroyed,  and  a  person or the person's attorney presents to an
 appropriate court employee a fingerprint record of the  New  York  state
 division  of criminal justice services, or a copy of a court disposition
 record or other relevant court record, which indicates that  a  criminal
 action or proceeding against such person was terminated by conviction of
 an  offense  described  in  paragraph (k) OR (M) of subdivision three of
 this section, then promptly, and in any event within thirty  days  after
 such  notice  to  such  court  employee,  the chief administrator of the
 courts or [his or her] THEIR designee shall assure  that  such  vacatur,
 dismissal,  and  expungement, including record destruction if requested,
 have been completed in accordance with subparagraph (i)  of  this  para-
 graph.
   §  6. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
 procedure law, as added by chapter 132 of the laws of 2019,  is  amended
 to read as follows:
   (k)  The  judgment [occurred prior to the effective date of this para-
 graph and] is a conviction for an offense as defined in subparagraph (i)
 or (ii) of paragraph (k) OR SUBPARAGRAPH (I) OF PARAGRAPH (M) of  subdi-
 vision  three  of  section  160.50 of this part, in which case the court
 shall presume that a conviction by plea for the aforementioned  offenses
 was not knowing, voluntary and intelligent if it has [severe or] ongoing
 COLLATERAL consequences, including but not limited to potential or actu-
 al  immigration  consequences,  and  shall  presume that a conviction by
 verdict for the aforementioned offenses constitutes  cruel  and  unusual
 punishment  under section five of article one of the state constitution,
 based on those consequences. The people may rebut these presumptions.

 S. 1284                             4
 
   § 7. Subdivision 6 of section 440.10 of the criminal procedure law, as
 amended by chapter 131 of the laws  of  2019,  is  amended  to  read  as
 follows:
   6.  If  the court grants a motion under paragraph (i) or paragraph (k)
 of subdivision one of this section, it  must  vacate  the  judgment  and
 dismiss  the  accusatory instrument, and may take such additional action
 as is appropriate  in  the  circumstances.  A  DEFENDANT  SHALL  NOT  BE
 REQUIRED TO DEMONSTRATE PREJUDICE PRIOR TO VACATING THE JUDGMENT.
   § 8. Subdivision 9 of section 440.10 of the criminal procedure law, as
 added  by  section  4  of  part OO of chapter 55 of the laws of 2019, is
 amended to read as follows:
   9. Upon [granting of] CONSIDERING a motion pursuant to  paragraph  (j)
 of subdivision one of this section, A DEFENDANT SHALL NOT BE REQUIRED TO
 DEMONSTRATE PREJUDICE. UPON GRANTING THE MOTION, the court may either:
   (a) With the consent of the people, vacate [the judgment or] AND modi-
 fy  the judgment [by reducing it] to [one of conviction for a lesser] AN
 ALTERNATE offense; or
   (b) Vacate the judgment and order a new trial  wherein  the  defendant
 enters a plea to the same offense in order to permit the court to resen-
 tence  the  defendant  in  accordance  with the amendatory provisions of
 subdivision one-a of section 70.15 of the penal law.
   § 9. Section 220.46 of the penal law is REPEALED.
   § 10. Section 220.25 of the penal law is REPEALED.
   § 11. Subdivision 2 of section 850 of the  general  business  law,  as
 amended  by  chapter  812  of  the  laws  of 1980, is amended to read as
 follows:
   2. (A) "Drug-related paraphernalia" consists of the following  objects
 used for the following purposes:
   [(a)]  (I)  Kits, used or designed for the purpose of planting, propa-
 gating, cultivating, growing or harvesting of any species of plant which
 is a controlled substance or from which a controlled  substance  can  be
 derived;
   [(b)]  (II)  Kits,  used or designed for the purpose of manufacturing,
 compounding, converting, producing, or preparing controlled substances;
   [(c)] (III) Isomerization devices, used or designed for the purpose of
 increasing the potency of any species of plant  which  is  a  controlled
 substance;
   [(d)]  (IV)  Scales  and balances, used or designed for the purpose of
 weighing or measuring controlled substances; and
   [(e)] (V) Diluents and  adulterants,  including  but  not  limited  to
 quinine  hydrochloride, mannitol, mannite, dextrose and lactose, used or
 designed for the purpose of cutting controlled substances; AND
   [(f)] (VI) Separation gins, used or designed for the purpose of remov-
 ing twigs and seeds in order to clean or refine marihuana[;
   (g) Hypodermic syringes, needles and other objects, used  or  designed
 for the purpose of parenterally injecting controlled substances into the
 human body;
   (h)  Objects, used or designed for the purpose of ingesting, inhaling,
 or otherwise introducing marihuana, cocaine,  hashish,  or  hashish  oil
 into the human body].
   (B)  "DRUG-RELATED  PARAPHERNALIA"  SHALL NOT INCLUDE OBJECTS USED FOR
 THE PURPOSE OF INJECTING, INGESTING, INHALING OR  OTHERWISE  INTRODUCING
 DRUGS INTO THE HUMAN BODY.
   §  12. A person under parole, probation or other state or local super-
 vision, or released on bail awaiting trial as of the effective  date  of
 this  act  shall not be punished or otherwise penalized for conduct that

 S. 1284                             5

 is no longer considered criminal under article  220  of  the  penal  law
 pursuant to the provisions of this act.
   § 13. The public health law is amended by adding a new section 3395 to
 read as follows:
   §  3395.  DRUG DECRIMINALIZATION TASK FORCE. 1. THERE IS HEREBY ESTAB-
 LISHED A DRUG  DECRIMINALIZATION  TASK  FORCE  WHICH,  PURSUANT  TO  THE
 PROVISIONS  OF THIS SECTION, SHALL DEVELOP RECOMMENDATIONS FOR REFORMING
 STATE LAWS, REGULATIONS AND PRACTICES SO THAT THEY ALIGN WITH THE STATED
 GOAL OF TREATING SUBSTANCE USE DISORDER AS  A  DISEASE,  RATHER  THAN  A
 CRIMINAL BEHAVIOR.
   2. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
 MATION TO:
   (A)  IDENTIFY  AMOUNTS  OF INDIVIDUAL CONTROLLED SUBSTANCES CONSISTENT
 WITH NON-PRESCRIBED PERSONAL USE;
   (B) IDENTIFY QUALITATIVE AND  QUANTITATIVE  RESEARCH  DATA  ABOUT  THE
 TYPES  OF  SERVICES  THAT  PEOPLE  WITH  SUBSTANCE USE DISORDERS WHO ARE
 INVOLVED WITH THE CRIMINAL LEGAL OR CHILD  WELFARE  SYSTEMS  DESIRE  AND
 CURRENTLY  CANNOT  ACCESS,  AND BARRIERS TO ACCESSING EXISTING SERVICES;
 AND
   (C) ISSUE RECOMMENDATIONS REGARDING  LAWS,  REGULATIONS  AND  POLICIES
 IDENTIFIED BY THE TASK FORCE AS NEEDING REFORM, INCLUDING CHANGES TO THE
 PENAL LAW, THE SOCIAL SERVICES LAW AND ANY OTHER STATUTES THAT WILL HELP
 THE STATE ACHIEVE THE OBJECTIVE OF ADDRESSING THE USE OF DRUGS THROUGH A
 PUBLIC  HEALTH  APPROACH.  IN DEVELOPING RECOMMENDATIONS, THE TASK FORCE
 SHALL CONSIDER:
   (I) THE QUANTITY OF DRUGS USED BY INDIVIDUALS  WITH  A  SUBSTANCE  USE
 DISORDER;
   (II)  POLICIES  AND PRACTICES THAT WILL PRIORITIZE ACCESS TO TREATMENT
 AND RECOVERY FOR INDIVIDUALS WISHING TO ADDRESS THEIR USE OF  CONTROLLED
 SUBSTANCES;
   (III) NON-CARCERAL STRATEGIES TO DIVERT INDIVIDUALS WHO USE DRUGS FROM
 THE CRIMINAL LEGAL SYSTEM, INCLUDING CHARGES FOR SELLING DRUGS;
   (IV) THE CRIMINALIZATION OF POSSESSION OF METHADONE AND BUPRENORPHINE;
   (V)  THE IMMIGRATION CONSEQUENCES OF CONVICTIONS FOR CRIMES RELATED TO
 DRUG USE;
   (VI) HOW TO REDUCE UNNECESSARY FAMILY SEPARATION;
   (VII) HOW TO REDUCE CIVIL COLLATERAL CONSEQUENCES OF DRUG  CONVICTIONS
 INCLUDING EFFECTS ON EMPLOYMENT, HOUSING, EDUCATION, AND LICENSING;
   (VIII) HOW TO MAXIMIZE THE USE OF HARM REDUCTION STRATEGIES; AND
   (IX) HOW TO ADDRESS RACIAL DISPARITIES IN ENFORCEMENT.
   3.  (A)  (I) SUCH TASK FORCE SHALL BE COMPRISED OF THE COMMISSIONER OF
 HEALTH OR THEIR DESIGNEE; THE COMMISSIONER  OF  ADDICTION  SERVICES  AND
 SUPPORTS  OR  THEIR DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH OR THEIR
 DESIGNEE; THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 OR THEIR DESIGNEE; THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES OR THEIR DESIGNEE; THE DIRECTOR OF THE OFFICE OF INDIGENT LEGAL
 SERVICES  OR  THEIR DESIGNEE; ONE PUBLIC DEFENDER RECOMMENDED BY THE NEW
 YORK STATE DEFENDERS ASSOCIATION;  ONE  PROSECUTOR  RECOMMENDED  BY  THE
 DISTRICT  ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK; TWO EXPERTS IN
 THE ETIOLOGY AND TREATMENT OF SUBSTANCE USE DISORDERS RECOMMENDED BY THE
 NEW YORK ACADEMY OF MEDICINE, AT LEAST ONE OF WHOM MUST BE AN EXPERT  IN
 MEDICATION-ASSISTED TREATMENT AND AT LEAST ONE OF WHOM MUST BE AN EXPERT
 IN  THE  COMORBIDITY  OF SUBSTANCE USE DISORDERS WITH MENTAL HEALTH; AND
 ELEVEN MEMBERS TO BE APPOINTED AS FOLLOWS: (A) THREE  MEMBERS  SHALL  BE
 APPOINTED  BY  THE GOVERNOR; (B) THREE MEMBERS SHALL BE APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE; (C) ONE MEMBER SHALL BE APPOINTED  BY

 S. 1284                             6

 THE  MINORITY LEADER OF THE SENATE; (D) THREE MEMBERS SHALL BE APPOINTED
 BY THE SPEAKER OF THE ASSEMBLY; AND (E) ONE MEMBER SHALL BE APPOINTED BY
 THE MINORITY LEADER OF THE ASSEMBLY.
   (II)  IF  APPOINTMENTS  ARE  NOT  MADE  WITHIN THIRTY DAYS, THE SENATE
 MAJORITY LEADER AND SPEAKER OF THE ASSEMBLY SHALL APPOINT THE  REMAINING
 MEMBERS.
   (III)  ALL  APPOINTEES  SHALL  HAVE  EXPERTISE  IN AT LEAST ONE OF THE
 FOLLOWING FIELDS: PUBLIC HEALTH, SUBSTANCE USE DISORDERS, MENTAL HEALTH,
 DRUG USER HEALTH AND HARM REDUCTION, THE CRIMINAL  LEGAL  SYSTEM,  CHILD
 WELFARE, IMMIGRATION, DRUG POLICY OR RACIAL JUSTICE. FURTHER, APPOINTEES
 SHALL  INCLUDE  PEOPLE WITH PRIOR DRUG CONVICTIONS, INDIVIDUALS WHO HAVE
 PARTICIPATED IN A DRUG COURT PROGRAM, INDIVIDUALS WHO HAVE BEEN FORMERLY
 INCARCERATED, INDIVIDUALS IMPACTED BY  THE  CHILD  WELFARE  SYSTEM,  AND
 REPRESENTATIVES  OF  ORGANIZATIONS  SERVING COMMUNITIES IMPACTED BY PAST
 FEDERAL AND STATE DRUG POLICIES. ALL APPOINTMENTS SHALL  BE  COORDINATED
 TO  ENSURE  STATEWIDE  GEOGRAPHIC  REPRESENTATION  THAT  IS BALANCED AND
 DIVERSE IN ITS COMPOSITION.
   (IV) THE TASK FORCE SHALL BE CHAIRED BY THE COMMISSIONER OF HEALTH  OR
 SELECTED  BY THE COMMISSIONER FROM THE APPOINTED MEMBERS. THE TASK FORCE
 SHALL ELECT A VICE-CHAIR AND OTHER NECESSARY  OFFICERS  FROM  AMONG  ALL
 APPOINTED MEMBERS.
   (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
 SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES;
   (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
 OF THE DRUG DECRIMINALIZATION TASK FORCE FOR ANY ACT OR OMISSION  NECES-
 SARY  TO  THE  DISCHARGE  OF THEIR DUTIES AS A MEMBER OF THE TASK FORCE,
 EXCEPT AS PROVIDED HEREIN. SUCH MEMBER MAY BE LIABLE FOR DAMAGES IN  ANY
 SUCH  ACTION IF THEY FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
 CARE. ANY INFORMATION OBTAINED BY A  MEMBER  OF  THE  TASK  FORCE  WHILE
 CARRYING  OUT  THEIR  DUTIES  AS  PRESCRIBED  IN SUBDIVISION TWO OF THIS
 SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE TASK
 FORCE.
   4. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  TASK  FORCE  SHALL  PROVIDE  A REPORT CONTAINING THE RESULTS OF THE
 STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
 RECOMMENDATIONS, IF ANY, TOGETHER WITH DRAFTS OF  LEGISLATION  NECESSARY
 TO  CARRY  OUT ITS RECOMMENDATIONS BY FILING SAID REPORT, DOCUMENTATION,
 AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND  THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE
 THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION AVAILABLE TO THE PUBLIC
 BY POSTING A COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
   § 14. This act shall take effect on the one hundred and eightieth  day
 after  it shall have become a law; provided, however, that section thir-
 teen shall expire and be deemed repealed two years after such  effective
 date.

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Senate Bill S1284

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Gustavo Rivera