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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8163A
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 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 proc-
ess 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 iden-
tify 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
STATE OF NEW YORK
________________________________________________________________________
8163--A
2021-2022 Regular Sessions
IN ASSEMBLY
July 7, 2021
___________
Introduced by M. of A. EPSTEIN, GOTTFRIED, STECK -- read once and
referred to the Committee on Codes -- recommitted to the Committee on
Codes in accordance with Assembly Rule 3, sec. 2 -- 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:
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 use recovery program or
4 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 435 of the laws of 2021, 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 use 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 use
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10891-04-2
A. 8163--A 2
1 engaging in criminal behaviors; (iii) if the defendant needs treatment
2 for opioid use, that he or she may participate in and receive medically
3 prescribed drug treatments under the care of a health care professional
4 licensed or certified under title eight of the education law, acting
5 within his or her lawful scope of practice, provided that no court shall
6 require the use of any specified type or brand of drug during the course
7 of medically prescribed drug treatments.
8 (b) Prior to specifying an alcohol or substance use program, the court
9 shall inquire, on the record, whether the defendant has an objection to
10 any religious element of that program. If the defendant objects to a
11 religious element of the program, the court shall identify an alterna-
12 tive equivalent program to which the defendant has no religious
13 objection, and the defendant shall confirm on the record.
14 § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
15 as amended by chapter 742 of the laws of 1981, is amended to read as
16 follows:
17 (e) Participate in an alcohol or substance [abuse] use program or an
18 intervention program approved by the court after consultation with the
19 local probation department having jurisdiction, or such other public or
20 private agency as the court determines to be appropriate, except that
21 the court shall first determine whether the defendant has an objection
22 to any religious element of that program. If the defendant objects to a
23 religious element of the program, the court shall approve an alternative
24 equivalent program to which the defendant has no religious objection;
25 § 4. This act shall take effect on the sixtieth day after it shall
26 have become a law.
