NY State Senate Bill 2025-S4663

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2025	referred to codes

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2025-S4663 (ACTIVE) - Details

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
2023-2024: S8565

2025-S4663 (ACTIVE) - Summary

Allows courts to consider the risk of continued substance abuse and likelihood of serious harm to the principal when considering committing such principal to the custody of the sheriff.

2025-S4663 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4663

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

substance abuse upon his or her release from custody.

A court may consider the following factors in making a determination to
commit the principal to the custody of the sheriff: 1) admission by the
principal that he or she is addicted to a controlled substance, 2)
requests by the principal's immediate family members to hold the princi-
pal in custody in order to prevent the likelihood of serious harm, 3)
the principal's record of arrests related to controlled substances, 4)
documentation of reasons for any failed attempts to complete drug court,
5) arresting officer's testimony of the principal's intoxication or of
witnessing the principal's use of a controlled substance, and 6) the
principal's possession of a controlled substance or possession of
paraphernalia related thereto.

The court shall order that the principal be monitored and evaluated for
substance abuse by a duly licensed professional during the principal's
period of confinement in a rehabilitation or mental health facility or
custody of the sheriff. The principal's evaluation may include the
licensed professional's recommendation for the release or continued
confinement, as well as recommended treatment and medication(s) or
consideration for participation in a judicial diversion program. This
evaluation shall be provided to the court within 72 hours of completion.

The principal shall be allowed to request a hearing to argue for his or
her immediate release from custody; and use the evaluation as part of
his or her defense. A principal that is not provided a hearing within 72
hours of request must be released from custody immediately and served an
appearance ticket.

Section 6 provides mechanisms for police officers to commit an arrested
individual to the custody of the sheriff.

Section 7 of the bill is the effective date.

 
JUSTIFICATION:


For some individuals afflicted with substance use disorder, brief peri-
ods in which they are physically prevented from partaking in an illegal
substance could mean an overdose is prevented and a life is saved.

However, due to recent bail reforms, if an arrested individual is
considered nonviolent, that person is given an appearance ticket and
released on their own recognizance- at which point, this individual may
very well return to substance use that can be fatal.  This is in stark
contrast to the days when arrested individuals were held on bail and
given options of drug court or incarceration.  This bill seeks to help
arrested individuals with a substance use disorder by allowing judges to
remand an individual to the custody of the sheriff for up to 15 days,
whereby a licensed professional will monitor and treat the individual,
and complete an evaluation with recommendations. These recommendations
could include a judicial diversion program or immediate release.This
critical period of time allows the person to be offered MAT (medically
assisted treatment) options, drug court, or a judicial diversion
program.

This legislation lines up with the 15 day involuntary admission process
at NY psychiatric centers under current Mental Hygiene law.  Of note,
this legislation allows judges to consider the requests of the individ-
ual's immediate family members who are concerned about the individual's
safety.Yet, it also affords the individual the right to a hearing to
appeal the 15-day hold.

 
LEGISLATIVE HISTORY:

2024: S.8565-A- referred to Codes.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4663 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4663
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2025
                                ___________
 
 Introduced  by Sens. ASHBY, BORRELLO, HELMING, MARTINS, PALUMBO, RHOADS,
   WEBER, WEIK -- 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 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08927-01-5

 S. 4663                             2
 
   (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.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.  TREATMENT,  INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  CONSIDERATIONS  FOR  PARTICIPATION  IN  A JUDICIAL DIVERSION
 PROGRAM, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR THE
 CARE AND TREATMENT OF SUCH PRINCIPAL SHALL  BE  PROVIDED  TO  THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S  COUNSEL  AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C. THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT OR MENTAL HEALTH  FACILITY,  PRIOR  TO
 THE  ARRAIGNMENT  OF  SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE PRINCIPAL SHALL BE ENTITLED TO  INTRODUCE  THEIR  CONTROLLED
 SUBSTANCE  EVALUATION  INCLUDING  ANY RECOMMENDATIONS MADE BY A LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A  LIKE-
 LIHOOD  OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE FROM
 CUSTODY. THE COURT SHALL CONSIDER THE  PRINCIPAL'S  COMPLETE  EVALUATION
 INCLUDING  TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS AND
 ANY RECORD OF PARTICIPATION IN ANY DRUG COURT AND SHALL  DECIDE  WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT  IN  A  TREATMENT  FACILITY OR MENTAL HEALTH FACILITY, OR TO
 REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY FOR THE REMAINDER OF THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   § 2. The opening paragraph and subparagraphs (i), (xx)  and  (xxi)  of
 paragraph  (b) of subdivision 1 of section 530.20 of the criminal proce-
 dure law, the opening paragraph as amended by section 6 of subpart A  of
 part  VV  of chapter 56 of the laws of 2023, subparagraph (i) as amended
 by section 3 of part UU of chapter 56 of the laws of 2020,  subparagraph
 (xx)  as amended and subparagraph (xxi) as added by section 4 of subpart
 C of part UU of chapter 56 of the laws of 2022, are amended  and  a  new
 subparagraph (xxii) is added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix  bail,  order  non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense [which is a felony], the court may commit the princi-
 S. 4663                             3
 
 pal to the custody of the sheriff. The court shall explain its choice of
 securing order on the record or in writing. A principal  stands  charged
 with a qualifying offense when [he or she] SUCH PRINCIPAL stands charged
 with:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling];
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her] THEIR own recognizance, released under conditions, or had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, provided, however, that  the  prosecutor  must  show
 reasonable  cause  to  believe  that the defendant committed the instant
 crime and any underlying crime. For the purposes of  this  subparagraph,
 any of the underlying crimes need not be a qualifying offense as defined
 in  this  subdivision.  For  the purposes of this paragraph, "harm to an
 identifiable person or property" shall include but  not  be  limited  to
 theft  of  or  damage  to  property. However, based upon a review of the
 facts alleged in the accusatory instrument, if the court determines that
 such theft is negligible and does not appear to  be  in  furtherance  of
 other criminal activity, the principal shall be released on [his or her]
 THEIR  own  recognizance  or  under appropriate non-monetary conditions;
 [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) A CONTROLLED  SUBSTANCE  OFFENSE  AS  DEFINED  IN  ARTICLE  TWO
 HUNDRED TWENTY OF THE PENAL LAW.
   §  3. Subdivision 1 of section 530.20 of the criminal procedure law is
 amended by adding three new paragraphs (c),  (e)  and  (f)  to  read  as
 follows:
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, 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:
   (I) ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A  CONTROLLED
 SUBSTANCE;
   (II)  REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
 S. 4663                             4
 
   (III) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED
 TO SUBSTANCE ABUSE;
   (IV) DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (V)  THE  ARRESTING  OFFICER'S TESTIMONY OF WITNESSING THE PRINCIPAL'S
 USE OF A CONTROLLED SUBSTANCE; AND
   (VI)  THE  PRINCIPAL'S  POSSESSION  OF  A  CONTROLLED   SUBSTANCE   OR
 POSSESSION OF PARAPHERNALIA RELATED THERETO.
   (E)  UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF, OR AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT  AND  SUPER-
 VISION,  THE  COURT  SHALL ORDER A DULY LICENSED PROFESSIONAL TO MONITOR
 SUCH PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR  TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE. TREATMENT, INCLUDING BUT NOT  LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER  PROPOSALS  FOR
 THE  CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE  PROVIDED  A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   (F)  THE  PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT OR MENTAL HEALTH FACILITY, PRIOR TO
 THE ARRAIGNMENT OF SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL BE ENTITLED TO INTRODUCE THEIR CONTROLLED
 SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE  BY  A  LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS  NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A LIKE-
 LIHOOD OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE  FROM
 CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S COMPLETE EVALUATION
 INCLUDING TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS  AND
 ANY  RECORD  OF PARTICIPATION IN ANY DRUG COURT AND SHALL DECIDE WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT IN A TREATMENT FACILITY OR MENTAL  HEALTH  FACILITY,  OR  TO
 REMAND  THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR THE  REMAINDER  OF  THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   § 4. Section 530.40 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-
 S. 4663                             5

 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
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF, OR AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT  AND  SUPER-
 VISION,  THE  COURT  SHALL ORDER A DULY LICENSED PROFESSIONAL TO MONITOR
 SUCH PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR  TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE.  TREATMENT, INCLUDING BUT NOT LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER  PROPOSALS  FOR
 THE  CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE  PROVIDED  A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C.  THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT OR MENTAL HEALTH FACILITY, PRIOR TO
 THE ARRAIGNMENT OF SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL BE ENTITLED TO INTRODUCE THEIR CONTROLLED
 SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE  BY  A  LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS  NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A LIKE-
 LIHOOD OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE  FROM
 CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S COMPLETE EVALUATION
 INCLUDING TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS  AND
 ANY  RECORD  OF PARTICIPATION IN ANY DRUG COURT AND SHALL DECIDE WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT IN A TREATMENT FACILITY OR MENTAL  HEALTH  FACILITY,  OR  TO
 REMAND  THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR THE  REMAINDER  OF  THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   § 5. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended  by  section 4 of subpart A of part VV of chapter 56 of the laws
 of 2023, is amended to read as follows:
 S. 4663                             6
 
   1. With respect to any principal,  the  court  in  all  cases,  unless
 otherwise  provided  by  law, must impose a securing order in accordance
 with section 510.10 of this article, and shall explain the basis for its
 determination and choice of securing order on the  record  or  in  writ-
 ing[.],  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, WHETHER THE PRINCI-
 PAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND THERE  IS  A
 LIKELIHOOD  OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS NO ALTER-
 NATIVE 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  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.
   § 6. Section 140.20 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9.  IF  AFTER  ARRESTING  A  PERSON, FOR ANY OFFENSE, A POLICE OFFICER
 REASONABLY  BELIEVES  THE  ARRESTED  PERSON  IS  LIKELY  ADDICTED  TO  A
 CONTROLLED  SUBSTANCE,  SUCH  ARRESTED PERSON MAY BE TEMPORARILY HELD IN
 CUSTODY BUT MUST BE BROUGHT BEFORE A LOCAL CRIMINAL COURT WITHOUT UNNEC-
 ESSARY DELAY FOR A DETERMINATION OF WHETHER THE ARRESTED  PERSON  SHOULD
 BE  COMMITTED  TO THE CUSTODY OF THE SHERIFF UNDER SUBDIVISION FIVE-A OF
 SECTION 510.10, PARAGRAPH (C) OF SUBDIVISION ONE OF  SECTION  530.20  OR
 SUBDIVISION FIVE-A OF SECTION 530.40 OF THIS CHAPTER. IN MAKING A DETER-
 MINATION  THAT  THE  ARRESTED  PERSON IS LIKELY ADDICTED TO A CONTROLLED
 SUBSTANCE AND IS AT SUBSTANTIAL RISK FOR CONTINUED SUBSTANCE ABUSE  UPON
 RELEASE  FROM  CUSTODY,  A  POLICE  OFFICER  MAY  CONSIDER THE FOLLOWING
 FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A) THE ARRESTED PERSON APPEARS INTOXICATED, IMPAIRED OR INCAPACITATED
 AT THE TIME OF THE ARREST, OR IN THE  HOURS  FOLLOWING  THE  ARREST  AND
 WHILE THE ARRESTED PERSON IS IN THE CUSTODY OF THE ARRESTING OFFICERS OR
 WHILE PHYSICALLY PRESENT AT THE POLICE STATION;
   (B)  ADMISSION  BY  THE  ARRESTED  PERSON  THAT THEY ARE ADDICTED TO A
 CONTROLLED SUBSTANCE;
   (C) REQUESTS BY THE ARRESTED PERSON'S KNOWN IMMEDIATE FAMILY  MEMBERS,
 OR FELLOW RESIDENTIAL COHABITANTS, TO HOLD THE ARRESTED PERSON IN CUSTO-
 DY IN ORDER TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D)  KNOWLEDGE  OF THE ARRESTED PERSON'S RECORD OF ARRESTS FOR SIMILAR
 OFFENSES DIRECTLY RELATED TO SUBSTANCE ABUSE;
   (E)  THE  ARRESTING  OFFICER  WITNESSED  THE  ARRESTED  PERSON  USE  A
 CONTROLLED SUBSTANCE; AND
 S. 4663                             7
 
   (F) THE ARRESTING OFFICER FOUND THE ARRESTED PERSON IN POSSESSION OF A
 CONTROLLED SUBSTANCE OR PARAPHERNALIA RELATED THERETO AT THE TIME OF THE
 ARREST, OR UPON A SEARCH OF SUCH ARRESTED PERSON.
   § 7. This act shall take effect immediately.

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Senate Bill S4663

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S4663 (ACTIVE) - Details

2025-S4663 (ACTIVE) - Summary

2025-S4663 (ACTIVE) - Sponsor Memo

2025-S4663 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4663

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S4663 (ACTIVE) - Details

2025-S4663 (ACTIVE) - Summary

2025-S4663 (ACTIVE) - Sponsor Memo

2025-S4663 (ACTIVE) - Bill Text download pdf

Comments