senate Bill S7313

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

Your Voice

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 04, 2021 referred to rules

Co-Sponsors

S7313 (ACTIVE) - Details

See Assembly Version of this Bill:
A8163
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L

S7313 (ACTIVE) - Summary

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

S7313 (ACTIVE) - Sponsor Memo

S7313 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7313
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 4, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.