S T A T E O F N E W Y O R K
________________________________________________________________________
2289
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. RA, HAWLEY, MONTESANO, BLANKENBUSH, McDONOUGH,
PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, LOPEZ, McLAUGHLIN
-- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to creating uniform base-
line standards for drug testing persons on probation or parole
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 243 of the executive law is amended by adding a new
subdivision 5 to read as follows:
5. (A) THE DIRECTOR, AFTER CONSULTATION WITH THE STATE PROBATION
COMMISSION, THE COMMISSIONER, AND THE COMMISSIONER OF HEALTH, SHALL
PROMULGATE UNIFORM BASELINE STANDARDS FOR DRUG TESTING PERSONS ON
PROBATION. SUCH BASELINE STANDARDS MUST INSTRUCT LOCAL PROBATION DEPART-
MENTS ON THE MINIMAL PROCEDURES TO BE USED DURING COURT ORDERED DRUG
TESTING AND MUST REQUIRE LOCAL PROBATION DEPARTMENTS TO TEST FOR:
(I) OPIATES.
(II) COCAINE.
(III) MARIHUANA.
(IV) SYNTHETIC CANNABINOIDS.
(V) HALLUCINOGENIC SUBSTANCES.
(VI) AMPHETAMINES.
(B) THIS SUBDIVISION SHALL NOT PREEMPT LOCAL PROBATION DEPARTMENTS AND
MUNICIPALITIES WITH STRICTER BASELINE STANDARDS ALREADY IN PLACE.
§ 2. Section 259-c of the executive law is amended by adding a new
subdivision 18 to read as follows:
18. (A) RECOMMEND UNIFORM BASELINE STANDARDS FOR DRUG TESTING PAROLEES
TO THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, WHO IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
PROMULGATE SUCH BASELINE STANDARDS FOR DRUG TESTING PAROLEES. SUCH BASE-
LINE STANDARDS MUST INSTRUCT THE DEPARTMENT ON MINIMAL PROCEDURES TO BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06693-01-7
A. 2289 2
USED DURING COURT ORDERED DRUG TESTING AND MUST REQUIRE THE DEPARTMENT
TO TEST FOR:
(I) OPIATES.
(II) COCAINE.
(III) MARIHUANA.
(IV) SYNTHETIC CANNABINOIDS.
(V) HALLUCINOGENIC SUBSTANCES.
(VI) AMPHETAMINES.
(B) THIS SUBDIVISION SHALL NOT PREEMPT LOCAL REGIONS OF THE DEPARTMENT
WITH STRICTER BASELINE STANDARDS ALREADY IN PLACE.
§ 3. This act shall take effect immediately.