assembly Bill A8163A

2021-2022 Legislative Session

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2022 print number 8163a
Jan 18, 2022 amend (t) and recommit to codes
Jan 05, 2022 referred to codes
Jul 07, 2021 referred to codes

Co-Sponsors

A8163 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L

A8163 - Summary

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.

A8163 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8163
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Codes
 
 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  abuse  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 ABUSE  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  67  of  the  laws  of  2016, 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 abuse 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 abuse
 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-
 odic  urinalysis;  (ii)  a  requirement  that the defendant refrain from
 engaging in criminal behaviors; (iii) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

A8163A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L

A8163A (ACTIVE) - Summary

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.

A8163A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8163--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  GOTTFRIED,  STECK -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- 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-
 odic  urinalysis;  (ii)  a  requirement  that the defendant refrain from
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10891-04-2