senate Bill S4239B

Signed By Governor
2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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

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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

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

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

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

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

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

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.

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