NY State Senate Bill S8760

Archive: Last Bill Status Via A10403 - 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 (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	signed chap.206
Aug 13, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.2125 substituted for s8760
Jun 20, 2018	substituted by a10403 ordered to third reading cal.2125 committee discharged and committed to rules
May 30, 2018	reported and committed to finance
May 14, 2018	referred to codes

Votes

view votes

Jun 20, 2018 - Rules committee Vote

A10403

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 30, 2018 - Codes committee Vote

S8760

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S8760 (ACTIVE) - Details

See Assembly Version of this Bill:: A10403
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1349, CPLR; amd §97-w, St Fin L

S8760 (ACTIVE) - Summary

Relates to the disposal of property upon a judgment or order of forfeiture; requires a percentage of money from such disposal of property to be deposited into a subaccount of the general fund to be used for law enforcement diversion purposes.

S8760 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8760

SPONSOR: AMEDORE
 
TITLE OF BILL:

An act to amend the civil practice law and rules and the state finance
law, in relation to the disposal of property upon a judgment or order of
forfeiture

 
PURPOSE:

This bill amends the civil practice law and rules and the state finance
law to provide law enforcement the flexibility to expend funds received
through forfeiture on activities related to law enforcement assisted
diversion (LEAD).

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subparagraph (i) of paragraph (h) of
subdivision 2 of section 1349 of the civil practice law and rules to
authorize law enforcement to utilize certain forfeited funds for law

enforcement assisted diversion (LEAD) activities in addition to their
existing authority to utilize such funds for the investigation of penal
law offenses.

Section two of the bill amends subdivision 3 of section 97-w of the
state finance law, known as the "chemical dependence service fund," to
provide the commissioner of the Office of Alcoholism and Substance Abuse
Services (OASAS) the ability to make funding available to LEAD programs
in the state to assist individuals with substance use disorders.

Section three of the bill is the effective date.

 
JUSTIFICATION:

Law enforcement assisted diversion, or "LEAD," was first launched in
Seattle, Washington in 2011 as a new harm-reduction, prevention and jail
diversion approach in combatting drug addiction and low-level drug
possession and sales crimes. Instead of police officers immediately
arresting and taking into custody alleged offenders, LEAD authorizes
officers to divert people into substance use treatment, health or mental
health services, housing assistance, or other services as may be needed.

Law enforcement collaborates with prosecutors, defense attorneys, drug
and substance abuse counselors, political leaders, housing providers,
and other community leaders to end the seemingly endless cycle of
arrest, prosecution, and incarceration. A 2017 study demonstrated that
participants in Seattle's LEAD program were 58% less likely to recidi-
vate compared to those not in the program. Further, this study showed
that Seattle LEAD participants were also less likely to be charged with
a felony crime compared to individuals in the typical criminal justice
system.

Upon seeing the successes of Seattle, New York's capital city of Albany
sought to replicate LEAD and moved to officially adopt it as city policy
in 2016. Various community stakeholders assigned a memorandum of under-
standing ensuring there would be collaboration and understanding between
the police department, the district attorney, and other community advo-
cates and stakeholders. Albany's LEAD program is similar to Seattle's:
divert individuals who would be better served receiving help through
services rather than being in the cycle of the criminal justice system.

Although only in operation for a few years, the Albany LEAD program sees
3 to 4 diversions per week, with an average of 112 diversions per year.
A case manager is assigned to each diverted individual that helps guide
them through the services they may need in order to stay out of trouble.
In order to be eligible for Albany's LEAD program, alleged offenders
must be at least 18 years old and accused of non-violent, non-exploita-
tive offenses with no previous murder in the first or second degree,
arson in the first or second degree, robbery in the first degree, or
assault in the first degree convictions.  Besides Albany, other New York
municipalities will be launching, developing, or exploring the possibil-
ity of LEAD, including Ithaca, Brooklyn, Buffalo, Schenectady, Rensse-
laer, and Essex and Orange counties.

Albany's LEAD program and other LEAD programs seeking to start up in New
York have struggled to secure stable ongoing funding. Although grants
have been made available for programs, a steady and reliable funding
stream is needed to ensure that LEAD can continue to operate.  Under the
current restrictions in the Civil Practice Law and Rules, the forfeited
funds provided to law enforcement can be utilized only for the investi-
gation of Penal Law offenses, which may include the purchase of addi-
tional equipment, but not for programs like LEAD.  This bill would give
law enforcement the flexibility to also utilize some of this funding for
LEAD so that they can effectively assist citizens in their community
with overcoming addiction, homelessness, or other struggles that have
placed them in conflict with the law.

Additionally, this bill would make funds available from the state Chemi-
cal Dependence Service Fund to the OASAS commissioner so that they can
provide funding to LEAD programs to specifically help individuals strug-
gling with substance use disorders.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None. This legislation would authorize the use of funds by law enforce-
ments seized through forfeiture.

 
EFFECTIVE DATE:
Immediately.

S8760 (ACTIVE) - Bill Text download pdf


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

                                  8760

                            I N  S E N A T E

                              May 14, 2018
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules and the  state  finance
  law,  in relation to the disposal of property upon a judgment or order
  of forfeiture

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (i)  of  paragraph  (h) of subdivision 2 of
section 1349 of the civil practice law and rules, as  added  by  chapter
655 of the laws of 1990, is amended to read as follows:
  (i)  seventy-five  percent  of such moneys shall be deposited to a law
enforcement purposes subaccount of the general fund of the  state  where
the  claiming  agent is an agency of the state or the political subdivi-
sion or public authority of which the claiming agent is a  part,  to  be
used  for law enforcement use in the investigation of penal law offenses
OR LAW ENFORCEMENT ASSISTED DIVERSION;
  § 2. Subdivision 3 of section  97-w  of  the  state  finance  law,  as
amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
follows:
  3. Moneys of the fund, when  allocated,  shall  be  available  to  the
commissioner  of  the  office of alcoholism and substance abuse services
and shall be used to provide support for (A) funded agencies approved by
the New York state office of alcoholism and  substance  abuse  services,
[and] (B) local school-based and community programs which provide chemi-
cal  dependence  prevention and education services, AND (C) LAW ENFORCE-
MENT ASSISTED DIVERSION OF INDIVIDUALS  WITH  SUBSTANCE  USE  DISORDERS.
Consideration shall be given to innovative approaches to providing chem-
ical dependence services.
  § 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14938-03-8

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The New York State Senate

senate Bill S8760

Sponsored By

Archive: Last Bill Status Via A10403 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2018 - Rules committee Vote

Rules Committee Vote: Jun 20, 2018

May 30, 2018 - Codes committee Vote

Codes Committee Vote: May 30, 2018

Co-Sponsors

S8760 (ACTIVE) - Details

S8760 (ACTIVE) - Summary

S8760 (ACTIVE) - Sponsor Memo

S8760 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8760

Share this bill

Sponsored By

George A. Amedore, Jr.

Archive: Last Bill Status Via A10403 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2018 - Rules committee Vote

Rules Committee Vote: Jun 20, 2018

May 30, 2018 - Codes committee Vote

Codes Committee Vote: May 30, 2018

Co-Sponsors

Martin J. Golden

Chris Jacobs

S8760 (ACTIVE) - Details

S8760 (ACTIVE) - Summary

S8760 (ACTIVE) - Sponsor Memo

S8760 (ACTIVE) - Bill Text download pdf

Comments