senate Bill S1568

2017-2018 Legislative Session

Provides for electronic monitoring of defendants in judicial diversion programs

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2018 referred to correction
delivered to assembly
passed senate
Jan 30, 2018 advanced to third reading
Jan 29, 2018 2nd report cal.
Jan 23, 2018 1st report cal.249
Jan 03, 2018 referred to alcoholism and drug abuse
returned to senate
died in assembly
Feb 06, 2017 referred to correction
delivered to assembly
passed senate
Jan 31, 2017 advanced to third reading
Jan 30, 2017 2nd report cal.
Jan 24, 2017 1st report cal.88
Jan 10, 2017 referred to alcoholism and drug abuse

Votes

view votes

Jan 23, 2018 - Alcoholism and Substance Abuse committee Vote

S1568
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Substance Abuse committee vote details

Alcoholism and Substance Abuse Committee Vote: Jan 23, 2018

Jan 24, 2017 - Alcoholism and Substance Abuse committee Vote

S1568
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Substance Abuse committee vote details

Alcoholism and Substance Abuse Committee Vote: Jan 24, 2017

Co-Sponsors

S1568 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L
Versions Introduced in 2015-2016 Legislative Session:
S7036

S1568 (ACTIVE) - Summary

Provides for electronic monitoring of defendants in judicial diversion programs.

S1568 (ACTIVE) - Sponsor Memo

S1568 (ACTIVE) - Bill Text download pdf


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

                                  1568

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 10, 2017
                               ___________

Introduced  by  Sens.  AVELLA, AKSHAR -- 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 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 67 of the laws of 2016, 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, provided that no court shall

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

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