Senate Bill S7313A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7313--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2021
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  GAUGHRAN,  KRUEGER  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  recommitted  to  the  Committee on Alcoholism and Substance
   Abuse  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to requiring written notice to a  defendant  of  his  or  her
   right  to complete court ordered alcohol or substance use treatment in
   a nonreligious treatment program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 216.00 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:
   3.  "TREATMENT" MEANS ANY ALCOHOL OR SUBSTANCE USE RECOVERY PROGRAM OR
 PROGRAMS, WHICH MAY INCLUDE DETOXIFICATION,  MEDICALLY  ASSISTED  TREAT-
 MENT, RESIDENTIAL TREATMENT, OUTPATIENT TREATMENT, AND RECOVERY-ORIENTED
 CARE AND RECOVERY SUPPORT, INCLUDING PEER-BASED SUPPORT.
   § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as
 amended  by  chapter  435  of  the  laws  of 2021, is amended to read as
 follows:
   5. (A) The defendant shall agree on the record or in writing to  abide
 by  the  release  conditions  set  by  the  court, which, shall include:
 participation in a specified period of alcohol or substance  use  treat-
 ment  at  a specified program or programs identified by the court, which
 may include periods of detoxification, residential or outpatient  treat-
 ment,  or both, as determined after taking into account the views of the
 health care professional who conducted the  alcohol  and  substance  use
 evaluation  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 peri-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10891-05-2
              

 S. 7313--A                          2
 
 odic urinalysis; (ii) a requirement  that  the  defendant  refrain  from
 engaging  in  criminal behaviors; (iii) if the defendant needs treatment
 for opioid use, 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
 require the use of any specified type or brand of drug during the course
 of medically prescribed drug treatments.
   (B) PRIOR TO SPECIFYING AN ALCOHOL OR SUBSTANCE USE PROGRAM, THE COURT
 SHALL  INQUIRE, ON THE RECORD, WHETHER THE DEFENDANT HAS AN OBJECTION TO
 ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE  DEFENDANT  OBJECTS  TO  A
 RELIGIOUS  ELEMENT  OF THE PROGRAM, THE COURT SHALL IDENTIFY AN ALTERNA-
 TIVE  EQUIVALENT  PROGRAM  TO  WHICH  THE  DEFENDANT  HAS  NO  RELIGIOUS
 OBJECTION, AND THE DEFENDANT SHALL CONFIRM ON THE RECORD.
   § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
 as  amended  by  chapter  742 of the laws of 1981, is amended to read as
 follows:
   (e) Participate in an alcohol or substance [abuse] USE program  or  an
 intervention  program  approved by the court after consultation with the
 local probation department having jurisdiction, or such other public  or
 private  agency  as  the court determines to be appropriate, EXCEPT THAT
 THE COURT SHALL FIRST DETERMINE WHETHER THE DEFENDANT HAS  AN  OBJECTION
 TO  ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE DEFENDANT OBJECTS TO A
 RELIGIOUS ELEMENT OF THE PROGRAM, THE COURT SHALL APPROVE AN ALTERNATIVE
 EQUIVALENT PROGRAM TO WHICH THE DEFENDANT HAS NO RELIGIOUS OBJECTION;
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.