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

                                 7036--A

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced  by  Sens.  AVELLA, AKSHAR -- 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 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
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.
              

                                                           LBD13083-02-6