Senate Bill S6874A

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

                                  6874

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- 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 participation
  in treatment for opioid abuse or dependence under the judicial  diver-
  sion program

  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. (A) The defendant shall agree on the record or in writing to  abide
by  the  release  conditions  set  by  the  court, which, shall include:
participation in a specified period of alcohol or substance abuse treat-
ment at a specified program or programs identified by the  court,  which
may  include periods of detoxification, residential or outpatient treat-
ment, or both, as determined after taking into account the views of  the
health  care  professional who conducted the alcohol and substance abuse
evaluation 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 peri-
odic  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  professional licensed or certified under title eight of the educa-
tion law, acting within his or her lawful scope of practice.
  (B) NO COURT SHALL BE AUTHORIZED, PURSUANT  TO  THIS  SUBDIVISION,  TO
ESTABLISH ANY RELEASE CONDITION, FOR ANY DEFENDANT NEEDING TREATMENT FOR
OPIOID  ABUSE OR DEPENDENCE, WHICH REQUIRES USE OF ANY SPECIFIED TYPE OR
BRAND OF DRUG DURING THE COURSE OF MEDICALLY PRESCRIBED DRUG  TREATMENTS
UNDER THE CARE OF A HEALTH CARE PROFESSIONAL.
  S  2. Paragraph (a) of subdivision 9 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:

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

                                                           LBD13809-03-6

S. 6874                             2

  (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,  NOR  SHALL  ANY
DEFENDANT  BE  DEEMED  TO  HAVE VIOLATED ANY RELEASE CONDITION WHICH THE
COURT DID NOT HAVE THE AUTHORITY TO  IMPOSE  OR  ESTABLISH  PURSUANT  TO
SUBDIVISION  FIVE OF THIS SECTION.  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 3. This act shall take effect immediately and shall apply  to  every
defendant  applying  for participation in or participating in a judicial
diversion program, pursuant to article 216  of  the  criminal  procedure
law, on or after such date.