Senate Bill S2050

2017-2018 Legislative Session

Relates to the judicial diversion program for alcohol and substance abuse offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2017-S2050 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2013-2014: S1879
2015-2016: S1901

2017-S2050 - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

2017-S2050 - Sponsor Memo

2017-S2050 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2050
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens. BONACIC, AKSHAR, AMEDORE, AVELLA, BOYLE, CARLUCCI,
   CROCI, DeFRANCISCO, FELDER, GOLDEN,  GRIFFO,  HANNON,  LANZA,  LARKIN,
   LAVALLE,  LITTLE, MARCELLINO, MARCHIONE, MURPHY, O'MARA, ORTT, RANZEN-
   HOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the judicial
   diversion program for alcohol and substance abuse  offenders;  and  to
   amend  the  penal law, in relation to the crime of unauthorized depar-
   ture from a rehabilitation facility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 4, 5 and 8 and paragraph (a) of subdivision 9
 of section 216.05 of the criminal procedure law, subdivision 4 as  added
 by  section 4 of part AAA of chapter 56 of the laws of 2009, subdivision
 5 as amended by chapter 67 of the laws of 2016, subdivision 8 as amended
 by chapter 315 of the laws of 2016 and paragraph (a) of subdivision 9 as
 amended by chapter 258 of the laws of  2015,  are  amended  to  read  as
 follows:
   4.  When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES
 AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
 AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
 A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS  TO  THE  PROPENSITY  OF  THE
 DEFENDANT  FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD
 DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE,  determines,
 pursuant  to paragraph (b) of subdivision three of this section, that an
 eligible defendant should be offered alcohol or substance  abuse  treat-
 ment, or when the parties and the court agree to an eligible defendant's
 participation  in  alcohol  or  substance  abuse  treatment, an eligible
 defendant may be  allowed  to  participate  in  the  judicial  diversion
 program  offered by this article.  Prior to the court's issuing an order
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S2050A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2013-2014: S1879
2015-2016: S1901

2017-S2050A (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

2017-S2050A (ACTIVE) - Sponsor Memo

2017-S2050A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2050--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by Sens. BONACIC, AVELLA, BOYLE, CARLUCCI, CROCI, DeFRANCIS-
   CO, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN,  LAVALLE,
   LITTLE,  MARCELLINO,  MARCHIONE,  O'MARA,  ORTT, RANZENHOFER, RITCHIE,
   ROBACH, SAVINO, SERINO, SEWARD,  VALESKY,  YOUNG  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Codes -- 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 judicial
   diversion program for alcohol and substance abuse  offenders;  and  to
   amend  the  penal law, in relation to the crime of unauthorized depar-
   ture from a rehabilitation facility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
 section 216.05 of the criminal procedure law, subdivision 4 as added  by
 section  4  of part AAA of chapter 56 of the laws of 2009, subdivision 5
 as amended by chapter 67 of the laws of 2016, subdivision 8  as  amended
 by chapter 315 of the laws of 2016 and paragraph (a) of subdivision 9 as
 amended  by  chapter  258  of  the  laws of 2015, are amended to read as
 follows:
   4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
 AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
 AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
 A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
 DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
 DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
 pursuant to paragraph (b) of subdivision three of this section, that  an
 eligible  defendant  should be offered alcohol or substance abuse treat-
 ment, or when the parties and the court agree to an eligible defendant's
 participation in alcohol  or  substance  abuse  treatment,  an  eligible
 defendant  may  be  allowed  to  participate  in  the judicial diversion
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.