NY State Senate Bill S4239B

Archive: Last Bill Status Via A6255 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2015	signed chap.258
Sep 15, 2015	delivered to governor
Jun 09, 2015	returned to assembly passed senate substituted for s4239b
Jun 09, 2015	substituted by a6255b
May 18, 2015	advanced to third reading amended 4239b
May 13, 2015	2nd report cal.
May 12, 2015	1st report cal.585
Mar 24, 2015	print number 4239a
Mar 24, 2015	amend and recommit to alcoholism and drug abuse
Mar 11, 2015	referred to alcoholism and drug abuse

Votes

view votes

Jun 9, 2015 - floor Vote

A6255B

floor

Aye

Nay

Absent

Excused

Abstained

May 12, 2015 - Alcoholism and Substance Use Disorders committee Vote

S4239A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S4239 - Details

See Assembly Version of this Bill:: A6255
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

S4239 - Summary

Prohibits removal from the judicial diversion program of defendants with opioid addictions, on the basis of participation prescribed drug treatment under the care of a physician.

S4239 - Sponsor Memo

BILL NUMBER:S4239

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to authorizing eligible defendants, in the judicial diversion
program who need treatment for opioid abuse or dependence, to receive
certain medically prescribed treatment therefor

PURPOSE:

Establish statewide uniformity in drug treatment courts to allow
defendants to obtain medically prescribed treatment for opioid abuse
or dependence while participating in the judicial diversion program.

SUMMARY OF PROVISIONS:

Section one amends subdivision 5 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, which relates to the
release conditions of a defendant participating in a judicial
diversion program. Subdivision 5 is amended to allow for the inclusion
of medically prescribed drug treatments in the set of release
conditions agreed upon by the defendant. Paragraph (a) of subdivision
9 is amended to include that under no circumstances shall a defendant
who requires treatment for opioid abuse or dependence be deemed to
have violated the release conditions on the basis of his or her
participation in medically prescribed drug treatments while under the
care of an authorized and qualified physician.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:

New York State has helped pave the way nationwide for the implantation
and utilization of drug treatment courts in the judicial diversion
programs. As of August 1, 2014, New York has established 146 drug
courts across the state, 90 in criminal court, 35 in family court, 6
in town and village courts and 15 focused exclusively on juveniles.
These courts have had roughly 85,415 participants statewide, with
roughly 38,185 having graduated from the program. While the statistics
are impressive, more needs to be done to ensure that more participants
matriculate from the program.

On February 5, 2015, the White House's Office of National Drug Control
Policy, released a statement announcing that drug courts which receive
federal funding may no longer prohibit the use of medically assisted
treatment. If the courts wish to continue to receive federal funding,
they must not only allow the use of such treatments, but also help to
ensure participants have access to these medications, specifically
methadone and buprenorphine (brand name Suboxone). The Office of
National Drug Control Policy further commented that applicants for
drug court grants will be required to allow participants access to
medically prescribed treatment, and will no longer have the discretion
to require participants to taper off these medications as a condition
of their participation in the program.

A case study performed by the Harm Reduction Journal found that New
York does not have a uniform policy regarding the use of medically
prescribed treatment during participation in a judicial drug diversion


program. For example, Manhattan, Brooklyn and Queens drug treatment
courts require participants to wean off methadone in order to continue
participation in their programs, while courts in Suffolk, Onondaga and
Bronx Counties do not prohibit the use of such treatment in order to
participate. Since varying standards exist, it is crucial that the
State establish a uniform policy permitting the use of medically
prescribed treatment statewide in order to comply with recent federal
initiatives.

Further empirical evidence suggests that the use of medically
prescribed treatment in drug courts is a beneficial and appropriate
way of tackling the opioid epidemic plaguing the nation. The National
Association of Drug Court Professionals (NADCP), a national non-profit
corporation founded by a group of judges, prosecutors, defense
attorneys and clinical professionals from the first twelve drug courts
across the country, has recently reported that defendants should not
be excluded, or removed from drug courts for authorized use of
methadone and buprenorphine therapy treatments. Some courts allow for
the use of such medically prescribed treatment as a "bridge to
abstinence," allowing defendants, in conjunction with their authorized
medical professional, to taper off use of such treatment in order to
remain active in these programs. While this may present itself as a
sound treatment option, the World Health Organization has come out
strongly in support of continued use of such treatments, stating that
clinical research has proven that arbitrary limits on the use of
methadone and buprenorphine therapy treatments is disadvantageous to
the ultimate goals of judicial drug treatment programs.

Additionally, in 2004, Deputy Chief Administrative Judge for Court
Operations and Planning in New York State, Judy Harris Kluger,
established an advisory committee which was charged with producing a
recommended practices guide for the state's drug treatment courts. In
the issued report, the committee strongly urges drug courts to
seriously consider the use of methadone and buprenorphine therapy
treatments since scientific research has shown that these medications
help to normalize brain function of opioid addicts. The report further
encourages the courts to defer to the treatment decisions of
authorized medical professionals working closely with the court
system. While the legislature has the utmost respect for judicial
discretion, it is evident that prohibiting the use of methadone and
buprenorphine therapy treatments, or requiring its use serve merely as
a "bridge to abstinence" is contrary to established best practices,
and hinders the recovery process. This piece of legislation would
establish uniformity in New York State's judicial drug diversion
programs, while ensuring the continued financial support for such
programs by the federal government.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.

S4239 - Bill Text download pdf

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

                                  4239

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens.  MURPHY,  AMEDORE,  ORTT,  BOYLE -- 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 authorizing
  eligible defendants, in the judicial diversion program who need treat-
  ment for opioid abuse or  dependence,  to  receive  certain  medically
  prescribed treatment therefor

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

  Section 1. Subdivision 5 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, are 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) a requirement that the defendant refrain from engaging
in criminal behaviors; (III) IF THE DEFENDANT NEEDS TREATMENT FOR OPIOID
ABUSE OR DEPENDENCE, A REQUIREMENT THAT HE OR  SHE  PARTICIPATE  IN  AND
RECEIVE  MEDICALLY  PRESCRIBED  DRUG  TREATMENTS  UNDER  THE  CARE OF AN
AUTHORIZED AND QUALIFIED PHYSICIAN.
  (a) If at any time during the defendant's participation in  the  judi-
cial diversion program, the court has reasonable grounds to believe that
the  defendant  has violated a release condition or has failed to appear
before the court as requested, the court shall direct the  defendant  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09425-01-5

S. 4239                             2

appear  or  issue  a bench warrant to a police officer or an appropriate
peace officer directing him or her to take the  defendant  into  custody
and  bring  the  defendant  before  the court without unnecessary delay;
PROVIDED,  HOWEVER,  THAT  UNDER  NO CIRCUMSTANCES SHALL A DEFENDANT WHO
REQUIRES TREATMENT FOR OPIOID ABUSE OR  DEPENDENCE  BE  DEEMED  TO  HAVE
VIOLATED A RELEASE CONDITION ON THE BASIS OF HIS OR HER PARTICIPATION IN
MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE OF AN AUTHORIZED AND
QUALIFIED PHYSICIAN. The provisions of subdivision one of section 530.60
of  this  chapter  relating  to revocation of recognizance or bail shall
apply to such proceedings under this subdivision.
  S 2. This act shall take effect immediately.

Co-Sponsors

S4239A - Details

See Assembly Version of this Bill:: A6255
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

S4239A - Summary

Prohibits removal from the judicial diversion program of defendants with opioid addictions, on the basis of participation prescribed drug treatment under the care of a physician.

S4239A - Sponsor Memo

BILL NUMBER:S4239A

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
eligible defendants, in the judicial diversion program who need
treatment for opioid abuse or dependence, to receive certain medically
prescribed treatment therefor

PURPOSE:

Establish statewide uniformity in drug treatment courts to allow
defendants to obtain medically prescribed treatment for opioid abuse
or dependence while participating in the judicial diversion program.

SUMMARY OF PROVISIONS:

Section one amends subdivision 5 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, which relates to the
release conditions of a defendant participating in a judicial
diversion program. Subdivision 5 is amended to allow for the inclusion
of medically prescribed drug treatments in the set of release
conditions agreed upon by the defendant. Paragraph (a) of subdivision
9 is amended to include that under no circumstances shall a defendant
who requires treatment for opioid abuse or dependence be deemed to
have violated the release conditions on the basis of his or her

participation in medically prescribed drug treatments while under the
care of an authorized and qualified physician.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:

New York State has helped pave the way nationwide for the implantation
and utilization of drug treatment courts in the judicial diversion
programs. As of August 1, 2014, New York has established 146 drug
courts across the state, 90 in criminal court, 35 in family court, 6
in town and village courts and 15 focused exclusively on juveniles.
These courts have had roughly 85,415 participants statewide, with
roughly 38,185 having graduated from the program. While the statistics
are impressive, more needs to be done to ensure that more participants
matriculate from the program.

On February 5, 2015, the White House's Office of National Drug Control
Policy, released a statement announcing that drug courts which receive
federal funding may no longer prohibit the use of medically assisted
treatment. If the courts wish to continue to receive federal funding,
they must not only allow the use of such treatments, but also help to
ensure participants have access to these medications, specifically
methadone and buprenorphine (brand name Suboxone). The Office of
National Drug Control Policy further commented that applicants for
drug court grants will be required to allow participants access to
medically prescribed treatment, and will no longer have the discretion
to require participants to taper off these medications as a condition
of their participation in the program.


A case study performed by the Harm Reduction Journal found that New
York does not have a uniform policy regarding the use of medically
prescribed treatment during participation in a judicial drug diversion
program. For example, Manhattan, Brooklyn and Queens drug treatment
courts require participants to wean off methadone in order to continue
participation in their programs, while courts in Suffolk, Onondaga and
Bronx Counties do not prohibit the use of such treatment in order to
participate. Since varying standards exist, it is crucial that the
State establish a uniform policy permitting the use of medically
prescribed treatment statewide in order to comply with recent federal
initiatives.

Further empirical evidence suggests that the use of medically
prescribed treatment in drug courts is a beneficial and appropriate
way of tackling the opioid epidemic plaguing the nation. The National
Association of Drug Court Professionals (NADCP), a national non-profit
corporation founded by a group of judges, prosecutors, defense
attorneys and clinical professionals from the first twelve drug courts
across the country, has recently reported that defendants should not
be excluded, or removed from drug courts for authorized use of
methadone and buprenorphine therapy treatments. Some courts allow for
the use of such medically prescribed treatment as a "bridge to
abstinence," allowing defendants, in conjunction with their authorized
medical professional, to taper off use of such treatment in order to
remain active in these programs. While this may present itself as a
sound treatment option, the World Health Organization has come out
strongly in support of continued use of such treatments, stating that
clinical research has proven that arbitrary limits on the use of
methadone and buprenorphine therapy treatments is disadvantageous to
the ultimate goals of judicial drug treatment programs.

Additionally, in 2004, Deputy Chief Administrative Judge for Court
Operations and Planning in New York State, Judy Harris Kluger,
established an advisory committee which was charged with producing a
recommended practices guide for the state's drug treatment courts. In
the issued report, the committee strongly urges drug courts to
seriously consider the use of methadone and buprenorphine therapy
treatments since scientific research has shown that these medications
help to normalize brain function of opioid addicts. The report further
encourages the courts to defer to the treatment decisions of
authorized medical professionals working closely with the court
system. While the legislature has the utmost respect for judicial
discretion, it is evident that prohibiting the use of methadone and
buprenorphine therapy treatments, or requiring its use serve merely as
a "bridge to abstinence" is contrary to established best practices,
and hinders the recovery process. This piece of legislation would
establish uniformity in New York State's judicial drug diversion
programs, while ensuring the continued financial support for such
programs by the federal government.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None


EFFECTIVE DATE:

This act shall take effect immediately.

S4239A - Bill Text download pdf

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

                                 4239--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens.  MURPHY,  AMEDORE,  ORTT,  BOYLE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Alcoholism  and  Drug  Abuse  --  committee  discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  eligible defendants, in the judicial diversion program who need treat-
  ment  for  opioid  abuse  or  dependence, to receive certain medically
  prescribed treatment therefor

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

  Section 1. Subdivision 5 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, are 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) 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 AN AUTHORIZED AND
QUALIFIED PHYSICIAN.
  (a) If at any time during the defendant's participation in  the  judi-
cial diversion program, the court has reasonable grounds to believe that
the  defendant  has violated a release condition or has failed to appear

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09425-02-5

S. 4239--A                          2

before the court as requested, the court shall direct the  defendant  to
appear  or  issue  a bench warrant to a police officer or an appropriate
peace officer directing him or her to take the  defendant  into  custody
and  bring  the  defendant  before  the court without unnecessary delay;
PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES  SHALL  A  DEFENDANT  WHO
REQUIRES  TREATMENT  FOR  OPIOID  ABUSE  OR DEPENDENCE BE DEEMED TO HAVE
VIOLATED A RELEASE CONDITION ON THE BASIS OF HIS OR HER PARTICIPATION IN
MEDICALLY PRESCRIBED DRUG TREATMENTS UNDER THE CARE OF AN AUTHORIZED AND
QUALIFIED PHYSICIAN. The provisions of subdivision one of section 530.60
of this chapter relating to revocation of  recognizance  or  bail  shall
apply to such proceedings under this subdivision.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4239B (ACTIVE) - Details

See Assembly Version of this Bill:: A6255
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §216.05, CP L

S4239B (ACTIVE) - Summary

Prohibits removal from the judicial diversion program of defendants with opioid addictions, on the basis of participation prescribed drug treatment under the care of a physician.

S4239B (ACTIVE) - Sponsor Memo

BILL NUMBER:S4239B

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to authorizing eligible defendants, in the judicial diversion
program who need treatment for opioid abuse or dependence, to receive
certain medically prescribed treatment therefor

PURPOSE:

Establish statewide uniformity in drug treatment courts to allow
defendants to obtain medically prescribed treatment for opioid abuse
or dependence while participating in the judicial diversion program.

SUMMARY OF PROVISIONS:

Section one amends subdivision 5 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, which relates to the
release conditions of a defendant participating in a judicial
diversion program. Subdivision 5 is amended to allow for the inclusion
of medically prescribed drug treatments in the set of release
conditions agreed upon by the defendant. Paragraph (a) of subdivision
9 is amended to include that under no circumstances shall a defendant
who requires treatment for opioid abuse or dependence be deemed to
have violated the release conditions on the basis of his or her
participation in medically prescribed drug treatments while under the
care of an authorized and qualified physician.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:

New York State has helped pave the way nationwide for the implantation
and utilization of drug treatment courts in the judicial diversion
programs. As of August 1, 2014, New York has established 146 drug
courts across the state, 90 in criminal court, 35 in family court, 6
in town and village courts and 15 focused exclusively on juveniles.
These courts have had roughly 85,415 participants statewide, with
roughly 38,185 having graduated from the program. While the statistics
are impressive, more needs to be done to ensure that more participants
matriculate from the program.

On February 5, 2015, the White House's Office of National Drug Control
Policy, released a statement announcing that drug courts which receive
federal funding may no longer prohibit the use of medically assisted
treatment. If the courts wish to continue to receive federal funding,
they must not only allow the use of such treatments, but also help to
ensure participants have access to these medications, specifically
methadone and buprenorphine (brand name Suboxone). The Office of
National Drug Control Policy further commented that applicants for
drug court grants will be required to allow participants access to
medically prescribed treatment, and will no longer have the discretion
to require participants to taper off these medications as a condition
of their participation in the program.

A case study performed by the Harm Reduction Journal found that New
York does not have a uniform policy regarding the use of medically
prescribed treatment during participation in a judicial drug diversion


program. For example, Manhattan, Brooklyn and Queens drug treatment
courts require participants to wean off methadone in order to continue
participation in their programs, while courts in Suffolk, Onondaga and
Bronx Counties do not prohibit the use of such treatment in order to
participate. Since varying standards exist, it is crucial that the
State establish a uniform policy permitting the use of medically
prescribed treatment statewide in order to comply with recent federal
initiatives.

Further empirical evidence suggests that the use of medically
prescribed treatment in drug courts is a beneficial and appropriate
way of tackling the opioid epidemic plaguing the nation. The National
Association of Drug Court Professionals (NADCP), a national non-profit
corporation founded by a group of judges, prosecutors, defense
attorneys and clinical professionals from the first twelve drug courts
across the country, has recently reported that defendants should not
be excluded, or removed from drug courts for authorized use of
methadone and buprenorphine therapy treatments. Some courts allow for
the use of such medically prescribed treatment as a "bridge to
abstinence," allowing defendants, in conjunction with their authorized
medical professional, to taper off use of such treatment in order to
remain active in these programs. While this may present itself as a
sound treatment option, the World Health Organization has come out
strongly in support of continued use of such treatments, stating that
clinical research has proven that arbitrary limits on the use of
methadone and buprenorphine therapy treatments is disadvantageous to
the ultimate goals of judicial drug treatment programs.

Additionally, in 2004, Deputy Chief Administrative Judge for Court
Operations and Planning in New York State, Judy Harris Kluger,
established an advisory committee which was charged with producing a
recommended practices guide for the state's drug treatment courts. In
the issued report, the committee strongly urges drug courts to
seriously consider the use of methadone and buprenorphine therapy
treatments since scientific research has shown that these medications
help to normalize brain function of opioid addicts. The report further
encourages the courts to defer to the treatment decisions of
authorized medical professionals working closely with the court
system. While the legislature has the utmost respect for judicial
discretion, it is evident that prohibiting the use of methadone and
buprenorphine therapy treatments, or requiring its use serve merely as
a "bridge to abstinence" is contrary to established best practices,
and hinders the recovery process. This piece of legislation would
establish uniformity in New York State's judicial drug diversion
programs, while ensuring the continued financial support for such
programs by the federal government.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.

S4239B (ACTIVE) - Bill Text download pdf

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

                                 4239--B
    Cal. No. 585

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens. MURPHY, AMEDORE, ORTT, BOYLE, HANNON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Alcoholism and Drug Abuse -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  eligible defendants, in the judicial diversion program who need treat-
  ment for opioid abuse or  dependence,  to  receive  certain  medically
  prescribed treatment therefor

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

  Section 1. Subdivision 5 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, are 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) 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

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

                                                           LBD09425-05-5

S. 4239--B                          2

PROFESSIONAL LICENSED OR CERTIFIED UNDER TITLE EIGHT  OF  THE  EDUCATION
LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
  (a)  If  at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed  to  appear
before  the  court as requested, the court shall direct the defendant to
appear or issue a bench warrant to a police officer  or  an  appropriate
peace  officer  directing  him or her to take the defendant into custody
and bring the defendant before  the  court  without  unnecessary  delay;
PROVIDED,  HOWEVER,  THAT  UNDER  NO CIRCUMSTANCES SHALL A DEFENDANT WHO
REQUIRES TREATMENT FOR OPIOID ABUSE OR  DEPENDENCE  BE  DEEMED  TO  HAVE
VIOLATED A RELEASE CONDITION ON THE BASIS OF HIS OR HER PARTICIPATION IN
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.  The provisions
of subdivision one of section 530.60 of this chapter relating to revoca-
tion of recognizance or bail shall apply to such proceedings under  this
subdivision.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S4239B

Sponsored By

Archive: Last Bill Status Via A6255 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 12, 2015 - Alcoholism and Substance Use Disorders committee Vote

Committee Vote: May 12, 2015

Bill Amendments

Co-Sponsors

S4239 - Details

S4239 - Summary

S4239 - Sponsor Memo

S4239 - Bill Text download pdf

Co-Sponsors

S4239A - Details

S4239A - Summary

S4239A - Sponsor Memo

S4239A - Bill Text download pdf

Co-Sponsors

S4239B (ACTIVE) - Details

S4239B (ACTIVE) - Summary

S4239B (ACTIVE) - Sponsor Memo

S4239B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4239B

Share this bill

Sponsored By

Archive: Last Bill Status Via A6255 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 12, 2015 - Alcoholism and Substance Use Disorders committee Vote

Committee Vote: May 12, 2015

Bill Amendments

Co-Sponsors

S4239 - Details

S4239 - Summary

S4239 - Sponsor Memo

S4239 - Bill Text download pdf

Co-Sponsors

S4239A - Details

S4239A - Summary

S4239A - Sponsor Memo

S4239A - Bill Text download pdf

Co-Sponsors

S4239B (ACTIVE) - Details

S4239B (ACTIVE) - Summary

S4239B (ACTIVE) - Sponsor Memo

S4239B (ACTIVE) - Bill Text download pdf

Comments