S T A T E O F N E W Y O R K
________________________________________________________________________
8555
2015-2016 Regular Sessions
I N A S S E M B L Y
October 30, 2015
___________
Introduced by M. of A. WOZNIAK -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to the use of
treatment providers in judicial diversion programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 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, is amended to read as follows:
7. When participating in judicial diversion treatment pursuant to this
article, any resident of this state who is covered under a private
health insurance policy or contract issued for delivery in this state
pursuant to article thirty-two, forty-three or forty-seven of the insur-
ance law or article forty-four of the public health law, or who is
covered by a self-funded plan which provides coverage for the diagnosis
and treatment of chemical abuse and chemical dependence however defined
in such policy; shall first seek reimbursement for such treatment in
accordance with the provisions of such policy or contract. IN NO CASE
SHALL THE STATE FUND OR REIMBURSE A RESIDENT FOR THE COST OF TREATMENT
UNDERTAKEN IN AN OUT-OF-STATE JURISDICTION.
S 2. Subdivision 8 of section 216.05 of the criminal procedure law, as
amended by chapter 347 of the laws of 2012, is amended to read as
follows:
8. During the period of a defendant's participation in the judicial
diversion program, the court shall retain jurisdiction of the defendant,
provided, however, that the court may allow such defendant to reside in
another jurisdiction WITHIN THE STATE while participating in a judicial
diversion program under conditions set by the court and agreed to by the
defendant pursuant to subdivisions five and six of this section. The
court may require the defendant to appear in court at any time to enable
the court to monitor the defendant's progress in alcohol or substance
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13051-01-5
A. 8555 2
abuse treatment. The court shall provide notice, reasonable under the
circumstances, to the people, the treatment provider, the defendant and
the defendant's counsel whenever it orders or otherwise requires the
appearance of the defendant in court. Failure to appear as required
without reasonable cause therefor shall constitute a violation of the
conditions of the court's agreement with the defendant.
S 3. This act shall take effect immediately.