NY State Senate Bill 2021-S7313

Senate Bill S7313

2021-2022 Legislative Session

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program

download bill text pdf

Archive: Last Bill Status Via A8163 - Passed Senate

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 01, 2022	returned to assembly passed senate 3rd reading cal.1769 substituted for s7313a
Jun 01, 2022	substituted by a8163a ordered to third reading cal.1769 committee discharged and committed to rules
May 02, 2022	reported and committed to codes
Jan 31, 2022	print number 7313a
Jan 31, 2022	amend (t) and recommit to alcoholism and substance abuse
Jan 05, 2022	referred to alcoholism and substance abuse
Aug 04, 2021	referred to rules

Votes

- Jun 1, 2022 - Floor Vote
  A8163
  
  49
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (49)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (14)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Ritchie
      
      Tedisco
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S7313
  
  15
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (3)
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (3)
      
      Gallivan
      
      Griffo
      
      Lanza
  May 2, 2022 - Committee Vote
  S7313
  
  5
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 2, 2022
      
      aye (5)
      
      Harckham
      
      Hinchey
      
      Kaplan
      
      Oberacker
      
      Rivera
      
      nay (1)
      
      Akshar
      
      excused (1)
      
      Brouk

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S7313 - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S5332

2021-S7313 - Summary

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.

2021-S7313 - Sponsor Memo

                                
 
BILL NUMBER: S7313

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the criminal procedure law and the penal law, in
relation to requiring written notice to a defendant of his or her right
to complete court ordered alcohol or substance abuse treatment in a
nonreligious treatment program

 
PURPOSE:

To ensure eligible defendants mandated to attend a substance abuse
treatment program are informed of their right to request a nonreligious
option

 
SUMMARY OF PROVISIONS:

Section 1 amends section 216.00 of the criminal procedure law to add a
new subdivision 3 to define treatment

Section 2 amends subdivision 5 of section 216.05 of the criminal proce-
dure law to establish a process for the court to determine whether a
defendant set to be mandated to attend a substance abuse treatment
program has an objection to any religious element of that program and
for the court to identify a nonreligious alternative if the defendant
has such an objection

Section 3 amends paragraph (e) of subdivision 2 of section 65.10 of the
penal law to establish the process outlined above for probationers

Section 4 provides the effective date

 
JUSTIFICATION:

Courts have repeatedly recognized the rights of defendants mandated to
attend a substance abuse treatment program to attend a nonreligious
program if they object to the religious components of a faith-based
program. Yet, there is no statutory requirement for the court to inform
an eligible defendant of his or her right to seek treatment in a nonre-
ligious program.

Without clear direction, the state remains vulnerable to costly lawsuits
brought by defendants seeking to enforce their constitutional rights.
Furthermore, it should be a priority of the court to ensure that a
defendant's treatment matches their preferences so they can actually
benefit from the treatment.

This legislation establishes a clear process by which the court would
ascertain whether a defendant set to be mandated to attend a substance
abuse treatment program has an objection to any religious element of
such a program and requires the court to identify an alternative.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Potential to provide savings to the state by limiting liability for
court and prison personnel.

 
EFFECTIVE DATE:
60 days after becoming law

2021-S7313 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7313
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation  to  requiring  written  notice  to a defendant of his or her
   right to complete court ordered alcohol or substance  abuse  treatment
   in a nonreligious treatment program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 216.00 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:
   3. "TREATMENT" MEANS ANY ALCOHOL OR SUBSTANCE ABUSE  RECOVERY  PROGRAM
 OR PROGRAMS, WHICH MAY INCLUDE DETOXIFICATION, MEDICALLY ASSISTED TREAT-
 MENT, RESIDENTIAL TREATMENT, OUTPATIENT TREATMENT, AND RECOVERY-ORIENTED
 CARE AND RECOVERY SUPPORT, INCLUDING PEER-BASED SUPPORT.
   § 2. 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. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10891-03-1

 S. 7313                             2
 
 care  professional licensed or certified under title eight of the educa-
 tion 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.
   (B)  PRIOR  TO  SPECIFYING  AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM, THE
 COURT SHALL INQUIRE,  ON  THE  RECORD,  WHETHER  THE  DEFENDANT  HAS  AN
 OBJECTION  TO  ANY  RELIGIOUS  ELEMENT OF THAT PROGRAM. IF THE DEFENDANT
 OBJECTS TO A RELIGIOUS ELEMENT OF THE PROGRAM, THE COURT SHALL  IDENTIFY
 AN  ALTERNATIVE  EQUIVALENT  PROGRAM TO WHICH THE DEFENDANT HAS NO RELI-
 GIOUS OBJECTION, AND THE DEFENDANT SHALL CONFIRM ON THE RECORD.
   § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
 as amended by chapter 742 of the laws of 1981, is  amended  to  read  as
 follows:
   (e)  Participate in an alcohol or substance abuse program or an inter-
 vention program approved by the court after consultation with the  local
 probation  department  having  jurisdiction,  or  such  other  public or
 private agency as the court determines to be  appropriate,  EXCEPT  THAT
 THE  COURT  SHALL FIRST DETERMINE WHETHER THE DEFENDANT HAS AN OBJECTION
 TO ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE DEFENDANT OBJECTS TO  A
 RELIGIOUS ELEMENT OF THE PROGRAM, THE COURT SHALL APPROVE AN ALTERNATIVE
 EQUIVALENT PROGRAM TO WHICH THE DEFENDANT HAS NO RELIGIOUS OBJECTION;
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2021-S7313A (ACTIVE) - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S5332

2021-S7313A (ACTIVE) - Summary

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.

2021-S7313A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7313A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the criminal procedure law and the penal law, in
relation to requiring written notice to a defendant of his or her right
to complete court ordered alcohol or substance use treatment in a nonre-
ligious treatment program

 
PURPOSE:

To ensure eligible defendants mandated to attend a substance use treat-
ment program are informed of their right to request a nonreligious
option

 
SUMMARY OF PROVISIONS:

Section 1 amends section 216.00 of the criminal procedure law to add a
new subdivision 3 to define treatment

Section 2 amends subdivision 5 of section 216.05 of the criminal proce-

dure law to establish a process for the court to determine whether a
defendant set to be mandated to attend a substance use treatment program
has an objection to any religious element of that program and for the
court to identify a nonreligious alternative if the defendant has such
an objection

Section 3 amends paragraph (e) of subdivision 2 of section 65.10 of the
penal law to establish the process outlined above for probationers

Section 4 provides the effective date

 
JUSTIFICATION:

Courts have repeatedly recognized the rights of defendants mandated to
attend a substance use treatment program to attend a nonreligious
program if they object to the religious components of a faith-based
program. Yet, there is no statutory requirement for the court to inform
an eligible defendant of his or her right to seek treatment in a nonre-
ligious program. Without clear direction, the state remains vulnerable
to costly lawsuits brought by defendants seeking to enforce their
constitutional rights.  Furthermore, it should be a priority of the
court to ensure that a defendant's treatment matches their preferences
so they can actually benefit from the treatment.

This legislation establishes a clear process by which the court would
ascertain whether a defendant set to be mandated to attend a substance
use treatment program has an objection to any religious element of such
a program and requires the court to identify an alternative.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Potential to provide savings to the state by limiting liability for
court and prison personnel.
 
EFFECTIVE DATE:
60 days after becoming law

2021-S7313A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7313--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2021
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  GAUGHRAN,  KRUEGER  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  recommitted  to  the  Committee on Alcoholism and Substance
   Abuse  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to requiring written notice to a  defendant  of  his  or  her
   right  to complete court ordered alcohol or substance use treatment in
   a nonreligious treatment program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 216.00 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:
   3.  "TREATMENT" MEANS ANY ALCOHOL OR SUBSTANCE USE RECOVERY PROGRAM OR
 PROGRAMS, WHICH MAY INCLUDE DETOXIFICATION,  MEDICALLY  ASSISTED  TREAT-
 MENT, RESIDENTIAL TREATMENT, OUTPATIENT TREATMENT, AND RECOVERY-ORIENTED
 CARE AND RECOVERY SUPPORT, INCLUDING PEER-BASED SUPPORT.
   § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as
 amended  by  chapter  435  of  the  laws  of 2021, 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  use  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  use
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10891-05-2

 S. 7313--A                          2
 
 odic urinalysis; (ii) a requirement  that  the  defendant  refrain  from
 engaging  in  criminal behaviors; (iii) if the defendant needs treatment
 for opioid use, 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.
   (B) PRIOR TO SPECIFYING AN ALCOHOL OR SUBSTANCE USE PROGRAM, THE COURT
 SHALL  INQUIRE, ON THE RECORD, WHETHER THE DEFENDANT HAS AN OBJECTION TO
 ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE  DEFENDANT  OBJECTS  TO  A
 RELIGIOUS  ELEMENT  OF THE PROGRAM, THE COURT SHALL IDENTIFY AN ALTERNA-
 TIVE  EQUIVALENT  PROGRAM  TO  WHICH  THE  DEFENDANT  HAS  NO  RELIGIOUS
 OBJECTION, AND THE DEFENDANT SHALL CONFIRM ON THE RECORD.
   § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
 as  amended  by  chapter  742 of the laws of 1981, is amended to read as
 follows:
   (e) Participate in an alcohol or substance [abuse] USE program  or  an
 intervention  program  approved by the court after consultation with the
 local probation department having jurisdiction, or such other public  or
 private  agency  as  the court determines to be appropriate, EXCEPT THAT
 THE COURT SHALL FIRST DETERMINE WHETHER THE DEFENDANT HAS  AN  OBJECTION
 TO  ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE DEFENDANT OBJECTS TO A
 RELIGIOUS ELEMENT OF THE PROGRAM, THE COURT SHALL APPROVE AN ALTERNATIVE
 EQUIVALENT PROGRAM TO WHICH THE DEFENDANT HAS NO RELIGIOUS OBJECTION;
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S7313

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status Via A8163 - Passed Senate

Bill Amendments

co-Sponsors

James Gaughran

Liz Krueger

2021-S7313 - Details

2021-S7313 - Summary

2021-S7313 - Sponsor Memo

2021-S7313 - Bill Text download pdf

co-Sponsors

James Gaughran

Liz Krueger

2021-S7313A (ACTIVE) - Details

2021-S7313A (ACTIVE) - Summary

2021-S7313A (ACTIVE) - Sponsor Memo

2021-S7313A (ACTIVE) - Bill Text download pdf

Comments