S07313 Summary:

BILL NOS07313A
 
SAME ASSAME AS A08163-A
 
SPONSORHARCKHAM
 
COSPNSRGAUGHRAN, KRUEGER
 
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 alcohol or substance use treatment in a nonreligious treatment program.
Go to top    

S07313 Actions:

BILL NOS07313A
 
08/04/2021REFERRED TO RULES
01/05/2022REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
01/31/2022AMEND (T) AND RECOMMIT TO ALCOHOLISM AND SUBSTANCE ABUSE
01/31/2022PRINT NUMBER 7313A
05/02/2022REPORTED AND COMMITTED TO CODES
06/01/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/01/2022ORDERED TO THIRD READING CAL.1769
06/01/2022SUBSTITUTED BY A8163A
 A08163 AMEND=A Epstein
 07/07/2021referred to codes
 01/05/2022referred to codes
 01/18/2022amend (t) and recommit to codes
 01/18/2022print number 8163a
 02/01/2022reported
 02/03/2022advanced to third reading cal.364
 03/22/2022passed assembly
 03/22/2022delivered to senate
 03/22/2022REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
 06/01/2022SUBSTITUTED FOR S7313A
 06/01/20223RD READING CAL.1769
 06/01/2022PASSED SENATE
 06/01/2022RETURNED TO ASSEMBLY
Go to top

S07313 Committee Votes:

Go to top

S07313 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S07313 Memo:

Memo not available
Go to top

S07313 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7313--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     August 4, 2021
                                       ___________
 
        Introduced  by  Sens.  HARCKHAM,  GAUGHRAN,  KRUEGER  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Rules  --  recommitted  to  the  Committee on Alcoholism and Substance
          Abuse  in  accordance  with  Senate  Rule  6,  sec.  8  --   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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10891-05-2

        S. 7313--A                          2
 
     1  odic urinalysis; (ii) a requirement  that  the  defendant  refrain  from
     2  engaging  in  criminal behaviors; (iii) if the defendant needs treatment
     3  for opioid use, that he or she may participate in and receive  medically
     4  prescribed  drug treatments under the care of a health care professional
     5  licensed or certified under title eight of  the  education  law,  acting
     6  within his or her lawful scope of practice, provided that no court shall
     7  require the use of any specified type or brand of drug during the course
     8  of medically prescribed drug treatments.
     9    (b) Prior to specifying an alcohol or substance use program, the court
    10  shall  inquire, on the record, whether the defendant has an objection to
    11  any religious element of that program. If the  defendant  objects  to  a
    12  religious  element  of the program, the court shall identify an alterna-
    13  tive  equivalent  program  to  which  the  defendant  has  no  religious
    14  objection, and the defendant shall confirm on the record.
    15    § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
    16  as  amended  by  chapter  742 of the laws of 1981, is amended to read as
    17  follows:
    18    (e) Participate in an alcohol or substance [abuse] use program  or  an
    19  intervention  program  approved by the court after consultation with the
    20  local probation department having jurisdiction, or such other public  or
    21  private  agency  as  the court determines to be appropriate, except that
    22  the court shall first determine whether the defendant has  an  objection
    23  to  any religious element of that program. If the defendant objects to a
    24  religious element of the program, the court shall approve an alternative
    25  equivalent program to which the defendant has no religious objection;
    26    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    27  have become a law.
Go to top