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A10403 Summary:

COSPNSRMcDonald, Jaffee, Gottfried, Arroyo, D'Urso, Simon, Blake, Englebright, Mosley, Cook, Dickens, Rivera, Espinal
MLTSPNSREpstein, Lentol
Amd 1349, CPLR; amd 97-w, St Fin L
Relates to the disposal of property upon a judgment or order of forfeiture; requires a percentage of money from such disposal of property to be deposited into a subaccount of the general fund to be used for law enforcement diversion purposes.
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A10403 Actions:

04/19/2018referred to codes
05/14/2018reported referred to ways and means
05/31/2018advanced to third reading cal.1046
06/06/2018passed assembly
06/06/2018delivered to senate
06/20/2018SUBSTITUTED FOR S8760
06/20/20183RD READING CAL.2125
08/13/2018delivered to governor
08/24/2018signed chap.206
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A10403 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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 OR GENERAL IDEA OF BILL: 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 signed 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, devel- oping, or exploring the possibility of LEAD, including Ithaca, Brooklyn, Buffalo, Schenectady, Rensselaer, 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 only be utilized 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 Chemical Dependence Service Fund to the OASAS commissioner so that they can provide funding to LEAD programs to specifically help individuals struggling with substance use disor- ders.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. This legislation would authorize the use of funds by law enforce- ment seized through forfeiture.   EFFECTIVE DATE: Immediate.
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A10403 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 19, 2018
        Introduced  by  M. of A. FAHY, McDONALD -- read once and referred to the
          Committee on Codes
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (i)  of  paragraph  (h) of subdivision 2 of
     2  section 1349 of the civil practice law and rules, as  added  by  chapter
     3  655 of the laws of 1990, is amended to read as follows:
     4    (i)  seventy-five  percent  of such moneys shall be deposited to a law
     5  enforcement purposes subaccount of the general fund of the  state  where
     6  the  claiming  agent is an agency of the state or the political subdivi-
     7  sion or public authority of which the claiming agent is a  part,  to  be
     8  used  for law enforcement use in the investigation of penal law offenses
     9  or law enforcement assisted diversion;
    10    § 2. Subdivision 3 of section  97-w  of  the  state  finance  law,  as
    11  amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
    12  follows:
    13    3. Moneys of the fund, when  allocated,  shall  be  available  to  the
    14  commissioner  of  the  office of alcoholism and substance abuse services
    15  and shall be used to provide support for (a) funded agencies approved by
    16  the New York state office of alcoholism and  substance  abuse  services,
    17  [and] (b) local school-based and community programs which provide chemi-
    18  cal  dependence  prevention and education services, and (c) law enforce-
    19  ment assisted diversion of individuals  with  substance  use  disorders.
    20  Consideration shall be given to innovative approaches to providing chem-
    21  ical dependence services.
    22    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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