Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 28, 2024 |
print number 8565a |
Mar 28, 2024 |
amend and recommit to codes |
Feb 14, 2024 |
referred to codes |
Senate Bill S8565A
2023-2024 Legislative Session
Sponsored By
(R) 43rd Senate District
Current 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
Actions
Bill Amendments
co-Sponsors
(R, C) 38th Senate District
2023-S8565 - Details
- See Assembly Version of this Bill:
- A9675
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§510.10, 530.20, 530.40, 510.30 & 140.20, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S7649
2021-2022: S6355
2023-S8565 - Sponsor Memo
BILL NUMBER: S8565 SPONSOR: ASHBY TITLE OF BILL: An act to amend the criminal procedure law, in relation to allowing courts to consider the risk of continued substance abuse in certain instances PURPOSE: To provide arrested individuals with pathways to substance abuse treat- ment. SUMMARY OF PROVISIONS: Sections 1 through 5 of the bill enable a court to commit an arrested individual ("principal") to the custody of the sheriff for a period of no more than 15 days if the court finds in its discretion that the prin- cipal has a substantial risk of continued substance abuse and a likeli- hood of serious harm to his or herself; and there is no alternative less restrictive means available to prevent the principal's risk of continued
2023-S8565 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8565 I N S E N A T E February 14, 2024 ___________ Introduced by Sen. ASHBY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to allowing courts to consider the risk of continued substance abuse in certain instances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 510.10 of the criminal procedure law is amended by adding three new subdivisions 5-a, 5-b and 5-c to read as follows: 5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS NO ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE UPON RELEASE FROM CUSTODY. ALTERNATIVE AND LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN AVAIL- ABLE IMMEDIATE COMMITMENT OF SUCH PRINCIPAL IN A STATE LICENSED SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER OR MENTAL HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO: (A) ADMISSION BY THE PRINCIPAL THAT HE OR SHE IS ADDICTED TO A CONTROLLED SUBSTANCE; (B) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM; (C) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED TO SUBSTANCE ABUSE; (D) DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG COURT; (E) THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION OF PARAPHERNALIA RELATED THERETO. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(R, C) 57th Senate District
(R, C, IP) 54th Senate District
(R, C) 7th Senate District
(R) 1st Senate District
2023-S8565A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9675
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§510.10, 530.20, 530.40, 510.30 & 140.20, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S7649
2021-2022: S6355
2023-S8565A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8565A SPONSOR: ASHBY TITLE OF BILL: An act to amend the criminal procedure law, in relation to allowing courts to consider the risk of continued substance abuse in certain instances PURPOSE: To provide arrested individuals with pathways to substance abuse treat- ment. SUMMARY OF PROVISIONS: Sections 1 through 5 of the bill enable a court to commit an arrested individual ("principal") to the custody of the sheriff for a period of no more than 15 days if the court finds in its discretion that the prin- cipal has a substantial risk of continued substance abuse and a likeli- hood of serious harm to his or herself; and there is no alternative less restrictive means available to prevent the principal's risk of continued
2023-S8565A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8565--A I N S E N A T E February 14, 2024 ___________ Introduced by Sens. ASHBY, WEBER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to allowing courts to consider the risk of continued substance abuse in certain instances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 510.10 of the criminal procedure law is amended by adding three new subdivisions 5-a, 5-b and 5-c to read as follows: 5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS NO ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE UPON RELEASE FROM CUSTODY. ALTERNATIVE AND LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN AVAIL- ABLE IMMEDIATE COMMITMENT OF SUCH PRINCIPAL IN A STATE LICENSED SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER OR MENTAL HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO: (A) ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A CONTROLLED SUBSTANCE; (B) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM; (C) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED TO SUBSTANCE ABUSE; (D) DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG COURT; (E) THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.