Senate Bill S1879A

2013-2014 Legislative Session

Relates to the judicial diversion program for alcohol and substance abuse offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S1879 - Details

See Assembly Version of this Bill:
A1879
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2015-2016: S1901, A4008
2017-2018: S2050

2013-S1879 - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

2013-S1879 - Sponsor Memo

2013-S1879 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1879

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the criminal procedure law, in relation to the  judicial
  diversion  program  for  alcohol  and substance abuse offenders and to
  amend the penal law, in relation to the crime of  unauthorized  depar-
  ture from a rehabilitation facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, as added by section  4  of
part  AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by
chapter 347 of the laws of 2012, are amended to read as follows:
  4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
pursuant to paragraph (b) of subdivision three of this section, that  an
eligible  defendant  should be offered alcohol or substance abuse treat-
ment, or when the parties and the court agree to an eligible defendant's
participation in alcohol  or  substance  abuse  treatment,  an  eligible
defendant  may  be  allowed  to  participate  in  the judicial diversion
program offered by this article.  Prior to the court's issuing an  order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:
  (a)  the  people  and  the court consent to the entry of such an order
without a plea of guilty; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02810-01-3
              

co-Sponsors

2013-S1879A (ACTIVE) - Details

See Assembly Version of this Bill:
A1879
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2015-2016: S1901, A4008
2017-2018: S2050

2013-S1879A (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

2013-S1879A (ACTIVE) - Sponsor Memo

2013-S1879A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1879--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law, in relation to the  judicial
  diversion  program  for  alcohol and substance abuse offenders; and to
  amend the penal law, in relation to the crime of  unauthorized  depar-
  ture from a rehabilitation facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, as added by section  4  of
part  AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by
chapter 347 of the laws of 2012, are amended to read as follows:
  4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
pursuant to paragraph (b) of subdivision three of this section, that  an
eligible  defendant  should be offered alcohol or substance abuse treat-
ment, or when the parties and the court agree to an eligible defendant's
participation in alcohol  or  substance  abuse  treatment,  an  eligible
defendant  may  be  allowed  to  participate  in  the judicial diversion
program offered by this article.  Prior to the court's issuing an  order
granting judicial diversion, the eligible defendant shall be required to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02810-02-4
              

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