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Assembly Bill A8579A

2015-2016 Legislative Session

Provides for electronic monitoring of defendants in judicial diversion programs

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Bill Amendments

co-Sponsors

2015-A8579 - Details

See Senate Version of this Bill:
S7036
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L
Versions Introduced in 2017-2018 Legislative Session:
S1568

2015-A8579 - Summary

Provides for electronic monitoring of defendants in judicial diversion programs.

2015-A8579 - Bill Text download pdf 

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

                                  8579

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 16, 2015
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Correction

AN ACT to amend the criminal procedure law, in relation to  the  use  of
  electronic  monitoring  for certain participants 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 5 of section 216.05 of the criminal procedure
law, as amended by chapter 258 of the laws of 2015, is amended  to  read
as follows:
  5.  The  defendant shall agree on the record or in writing to abide by
the release conditions set by the court, which, shall  include:  partic-
ipation in a specified period of alcohol or substance abuse treatment at
a  specified  program  or  programs  identified  by the court, which may
include periods of detoxification, residential or outpatient  treatment,
or both, as determined after taking into account the views of the health
care  professional  who conducted the alcohol and substance abuse evalu-
ation and any health care professionals responsible for  providing  such
treatment  or monitoring the defendant's progress in such treatment; and
may include: (i) periodic court appearances, which may include  periodic
urinalysis  AND,  WHEN MANDATED, SHALL BE ACCOMPANIED BY THE REQUIREMENT
THAT THE DEFENDANT SUBMIT TO THE USE OF A CONTINUAL ELECTRONIC  MONITOR-
ING  DEVICE  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION FOUR OF
SECTION 65.10 OF THE PENAL LAW; (ii) a requirement  that  the  defendant
refrain  from  engaging  in  criminal  behaviors; (iii) if the defendant
needs treatment for opioid abuse or  dependence,  that  he  or  she  may
participate  in  and  receive medically prescribed drug treatments under
the care of a health care professional licensed or certified under title
eight of the education law, acting within his or  her  lawful  scope  of
practice.
  S  2.  This  act  shall take effect immediately and shall apply to all
agreements entered into on and after such date.

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

co-Sponsors

2015-A8579A (ACTIVE) - Details

See Senate Version of this Bill:
S7036
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L
Versions Introduced in 2017-2018 Legislative Session:
S1568

2015-A8579A (ACTIVE) - Summary

Provides for electronic monitoring of defendants in judicial diversion programs.

2015-A8579A (ACTIVE) - Bill Text download pdf 

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

                                 8579--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 16, 2015
                               ___________

Introduced  by  M. of A. GOLDFEDER, SIMON, LAWRENCE, COLTON -- read once
  and referred to the Committee on  Correction  --  recommitted  to  the
  Committee  on Correction 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, in relation to the use of
  electronic monitoring for certain participants 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 5 of section 216.05 of the  criminal  procedure
law,  as  amended by chapter 258 of the laws of 2015, is amended to read
as follows:
  5. The defendant shall agree on the record or in writing to  abide  by
the  release  conditions set by the court, which, shall include: partic-
ipation in a specified period of alcohol or substance abuse treatment at
a specified program or programs  identified  by  the  court,  which  may
include  periods of detoxification, residential or outpatient treatment,
or both, as determined after taking into account the views of the health
care professional who conducted the alcohol and substance  abuse  evalu-
ation  and  any health care professionals responsible for providing such
treatment or monitoring the defendant's progress in such treatment;  and
may  include: (i) periodic court appearances, which may include periodic
urinalysis; (II) UPON THE DISCRETION OF THE COURT, MAY BE ACCOMPANIED BY
THE REQUIREMENT THAT THE DEFENDANT SUBMIT TO  THE  USE  OF  A  CONTINUAL
ELECTRONIC MONITORING DEVICE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION  FOUR  OF SECTION 65.10 OF THE PENAL LAW; [(ii)] (III) a require-
ment that the defendant refrain from  engaging  in  criminal  behaviors;
[(iii)]  (IV)  if  the  defendant  needs  treatment  for opioid abuse or
dependence, that he or she may  participate  in  and  receive  medically
prescribed  drug treatments under the care of a health care professional

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13083-03-6

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