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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9675
SPONSOR: Gunther 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 disor-
der 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 recommenda-
tions. 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
individual's immediate family members who are concerned about the indi-
vidual's safety.Yet, it also affords the individual the right to a hear-
ing to appeal the 15-day hold.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
