A08163 Summary:

BILL NOA08163
 
SAME ASSAME AS S07313
 
SPONSOREpstein
 
COSPNSRGottfried, Steck
 
MLTSPNSR
 
Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L
 
Requires written notice to a defendant of his or her right to complete court ordered substance abuse treatment in a nonreligious treatment program.
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A08163 Actions:

BILL NOA08163
 
07/07/2021referred to codes
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A08163 Committee Votes:

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A08163 Floor Votes:

There are no votes for this bill in this legislative session.
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A08163 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8163
 
SPONSOR: Epstein
  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
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A08163 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8163
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2021
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Codes
 
        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:
 
     1    Section 1.  Section 216.00 of the criminal procedure law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. "Treatment" means any alcohol or substance abuse  recovery  program
     4  or programs, which may include detoxification, medically assisted treat-
     5  ment, residential treatment, outpatient treatment, and recovery-oriented
     6  care and recovery support, including peer-based support.
     7    § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as
     8  amended  by  chapter  67  of  the  laws  of  2016, is amended to read as
     9  follows:
    10    5. (a) The defendant shall agree on the record or in writing to  abide
    11  by  the  release  conditions  set  by  the  court, which, shall include:
    12  participation in a specified period of alcohol or substance abuse treat-
    13  ment at a specified program or programs identified by the  court,  which
    14  may  include periods of detoxification, residential or outpatient treat-
    15  ment, or both, as determined after taking into account the views of  the
    16  health  care  professional who conducted the alcohol and substance abuse
    17  evaluation and any health care professionals responsible  for  providing
    18  such treatment or monitoring the defendant's progress in such treatment;
    19  and may include: (i) periodic court appearances, which may include peri-
    20  odic  urinalysis;  (ii)  a  requirement  that the defendant refrain from
    21  engaging in criminal behaviors; (iii) if the defendant  needs  treatment
    22  for  opioid  abuse  or dependence, that he or she may participate in and
    23  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

        A. 8163                             2
 
     1  care  professional licensed or certified under title eight of the educa-
     2  tion law, acting within his or her lawful scope  of  practice,  provided
     3  that  no  court  shall require the use of any specified type or brand of
     4  drug during the course of medically prescribed drug treatments.
     5    (b)  Prior  to  specifying  an alcohol or substance abuse program, the
     6  court shall inquire,  on  the  record,  whether  the  defendant  has  an
     7  objection  to  any  religious  element of that program. If the defendant
     8  objects to a religious element of the program, the court shall  identify
     9  an  alternative  equivalent  program to which the defendant has no reli-
    10  gious objection, and the defendant shall confirm on the record.
    11    § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
    12  as amended by chapter 742 of the laws of 1981, is  amended  to  read  as
    13  follows:
    14    (e)  Participate in an alcohol or substance abuse program or an inter-
    15  vention program approved by the court after consultation with the  local
    16  probation  department  having  jurisdiction,  or  such  other  public or
    17  private agency as the court determines to be  appropriate,  except  that
    18  the  court  shall first determine whether the defendant has an objection
    19  to any religious element of that program. If the defendant objects to  a
    20  religious element of the program, the court shall approve an alternative
    21  equivalent program to which the defendant has no religious objection;
    22    §  4.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law.
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